Senate Bill 249 aims to clarify the definition of a vacancy in appointive state offices in Wisconsin. Currently, vacancies can arise from various circumstances, but a recent Wisconsin Supreme Court ruling indicated that the expiration of an incumbent's term does not constitute a vacancy if the office is filled by appointment for a fixed term. This bill seeks to address that by establishing that a vacancy is indeed created when the term of an incumbent in an appointive state office for a fixed term expires.

The bill introduces new legal language under section 17.03 (10m) of the statutes, specifying that if the office is an appointive state office for a fixed term, the expiration of the incumbent's term will create a vacancy. The definition of an appointive state office includes any office within state government created or authorized by the constitution or law, excluding the legislature and the courts. This change is intended to ensure a clear process for filling vacancies in state offices and to uphold the principle that terms of office should be respected.