| 1 | 1 | | 2025 - 2026 LEGISLATURE |
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| 2 | 2 | | LRB-2906/1 |
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| 3 | 3 | | MPG:amn&skw |
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| 4 | 4 | | 2025 SENATE BILL 249 |
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| 5 | 5 | | May 9, 2025 - Introduced by Senators BRADLEY, QUINN, CABRAL-GUEVARA, FEYEN, |
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| 6 | 6 | | MARKLEIN, NASS and TOMCZYK, cosponsored by Representatives ALLEN, |
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| 7 | 7 | | MAXEY, BEHNKE, BRILL, BROOKS, GOEBEN, GREEN, GUNDRUM, KNODL, |
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| 8 | 8 | | KREIBICH, MURPHY, O'CONNOR, PENTERMAN, PIWOWARCZYK, STEFFEN and |
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| 9 | 9 | | WICHGERS. Referred to Committee on Licensing, Regulatory Reform, State |
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| 10 | 10 | | and Federal Affairs. |
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| 11 | 11 | | |
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| 12 | 12 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 13 | 13 | | AN ACT to create 17.03 (10m) of the statutes; relating to: vacancies in |
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| 14 | 14 | | appointive state offices. |
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| 15 | 15 | | Analysis by the Legislative Reference Bureau |
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| 16 | 16 | | Under current law, vacancies in public office may occur in a number of ways, |
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| 17 | 17 | | including when the incumbent resigns, dies, or is removed from office, or, in the |
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| 18 | 18 | | case of elected office, when the incumbent[s term expires. However, as the |
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| 19 | 19 | | Wisconsin Supreme Court held in State ex rel. Kaul v. Prehn, 2022 WI 50, expiration |
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| 20 | 20 | | of an incumbent[s term of office does not create a vacancy if the office is filled by |
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| 21 | 21 | | appointment for a fixed term. Absent a vacancy or removal for cause, these |
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| 22 | 22 | | incumbents may remain in office until their successors are appointed and qualified. |
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| 23 | 23 | | Under this bill, a vacancy in public office is created if the office is an |
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| 24 | 24 | | appointive state office for a fixed term and the incumbent[s term expires. |
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| 25 | 25 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 26 | 26 | | enact as follows: |
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| 27 | 27 | | SECTION 1. 17.03 (10m) of the statutes is created to read: |
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| 28 | 28 | | 17.03 (10m) If the office is an appointive state office for a fixed term, the |
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| 29 | 29 | | incumbent[s term expires. In this subsection, Xappointive state officeY means an |
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| 34 | 34 | | 5 2025 - 2026 Legislature |
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| 35 | 35 | | SENATE BILL 249 |
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| 36 | 36 | | - 2 - LRB-2906/1 |
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| 37 | 37 | | MPG:amn&skw |
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| 38 | 38 | | SECTION 1 |
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| 39 | 39 | | appointive office of any department, agency, board, office, commission, authority, or |
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| 40 | 40 | | other body in state government created or authorized to be created by the |
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| 41 | 41 | | constitution or any law, but not including the legislature and the courts. |
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| 42 | 42 | | (END) |
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