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 amend this understanding 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), which explicitly states that if the office is an appointive state office for a fixed term, the expiration of the incumbent's term will create a vacancy. This definition applies to any appointive office within state government, excluding the legislature and the courts. The intent of this legislation is to ensure a clear process for filling vacancies in state offices and to prevent incumbents from remaining in office beyond their term without a proper appointment.