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 by creating a subsection 17.03 (10m) in the statutes, which explicitly states that if the office is an appointive state office for a fixed term, the expiration of the incumbent's term results in 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 understanding of when vacancies occur in appointive state offices, thereby facilitating the appointment of successors in a timely manner.