LRB-1452/3
MES/JK/JTK/RM/MG:kmg:kjf
2001 - 2002 LEGISLATURE
October 29, 2001 - Introduced by Representatives Huber, Underheim,
Ziegelbauer, Musser, Plouff, Urban, Balow, Krawczyk, J. Lehman,
Jeskewitz, Turner, Stone, Miller, Olsen, Lassa, Ott, Berceau, Gunderson,
Shilling, Duff, Meyerhofer and Kaufert, cosponsored by Senators
Erpenbach, Decker, Hansen, Baumgart and
Wirch. Referred to Committee on
Ways and Means.
AB601,2,6
1An Act to renumber 66.0617 (2) (am);
to amend 5.02 (21), 5.58 (3), 5.68 (2), 5.68
2(3), 7.51 (3) (b), 7.51 (3) (d), 7.51 (4) (b), 7.51 (5), 9.10 (1) (a), 9.10 (1) (b), 9.10 (2)
3(d), 9.10 (3) (a), 9.10 (4) (a), 9.10 (4) (d), 9.10 (7), 10.05, 10.07 (1), 11.31 (1) (h)
4(intro.), 17.13 (intro.), 17.13 (3), 23.09 (19) (a) 2., 23.09 (20) (ab) 1., 23.09 (20m)
5(a) 1., 23.0917 (4m) (a) 3., 23.094 (1), 25.50 (1) (d), 27.01 (3), 27.075 (1), 27.075
6(2), 27.075 (3), 27.075 (4), 27.08 (1), 27.08 (3), 30.277 (1b) (a), 66.0301 (1) (a),
766.0617 (1) (a), 66.0617 (1) (c), 66.0617 (1) (d), 66.0617 (1) (g), 66.0617 (1) (h),
866.0617 (2) (a), 66.0617 (3), 66.0617 (4) (a) (intro.), 66.0617 (4) (b), 66.0617 (5),
966.0617 (6) (intro.), 66.0617 (6) (b), 66.0617 (7), 66.0617 (8), 66.0617 (9), 66.0617
10(10), 67.01 (5), 71.26 (1) (bm), 77.71 and 77.76 (4); and
to create 5.58 (1u), 5.60
11(6u), 7.53 (3m), 8.10 (6) (e), 8.11 (2f), 11.02 (8), 17.01 (11m), 17.27 (1f), 20.566
12(1) (gc), 20.835 (4) (gc), 66.0617 (1) (dg), 66.0617 (2) (am) 2., 66.0617 (6) (h), 70.11
13(37m), 77.25 (18m), 77.54 (9a) (i), 77.704, 77.707 (3), 77.76 (3n) and subchapter
14VI of chapter 229 [precedes 229.86] of the statutes;
relating to: authorizing the
1creation of a local park and recreation district, authorizing a local park and
2recreation district to impose a sales tax and use tax and levy a property tax,
3authorizing a local park and recreation district to apply for funding from
4certain programs that receive funding from the stewardship 2000 program,
5authorizing a local park and recreation district to impose impact fees and issue
6debt, and making an appropriation.
Analysis by the Legislative Reference Bureau
CREATION AND DISSOLUTION OF A DISTRICT
This bill authorizes certain contiguous municipalities (any city other than a city
that has a majority of its territory located in a county with a population greater than
500,000, any village other than a village that has a majority of its territory located
in a county with a population greater than 500,000, or any town) to jointly create a
local park and recreation district (district). A district is a local unit of government
that is a body corporate and politic and that is separate and distinct from, and
independent of, the state and the municipalities within its jurisdiction.
Subject to a number of conditions, a district may be created by one of two
methods. Under the first method, the governing bodies of two or more contiguous
municipalities adopt an enabling resolution that declares the need for establishing
the district and contains a detailed description of the boundaries of the proposed
district. Each municipality that adopts a substantially similar enabling resolution
within 90 days, beginning with the date of adoption of the first enabling resolution,
may be part of the initial jurisdiction of a district. Under the second method, a
district consisting of two or more contiguous municipalities may be created by a
petition and referendum. The petition must be circulated after December 31 and
must be filed no later than the 3rd Tuesday in February in each municipality within
the proposed boundaries of the district. If it is signed by a number of qualified
electors residing in the municipality equal to at least 15% of the votes cast for
governor in the municipality at the last gubernatorial election, a referendum is held
at the next succeeding spring election. A district is then created with a jurisdiction
that consists of each of the municipalities in which the referendum question is
approved, except that no district may be created unless the referendum question is
approved in at least two contiguous municipalities.
Before a district may be created, the governing bodies of each of the involved
municipalities must reach an agreement that includes a number of components,
including a method to provide a loan for initial operating funds for the district and
a method to transfer title of the municipalities' park facilities to the district. Before
such an agreement may be entered into, the participating municipalities must select
an arbitrator who will decide by November 1 any of the issues that are not resolved
by the municipalities by September 1, except the issue of whether to elect members
of the board of directors of the district pursuant to an apportionment plan (see below).
Also before a district may be created, a municipality must negotiate with a county
the termination of any applicable agreement or contract under which a county
exercises municipal park powers within the municipality. If a municipality is unable
to negotiate the termination of any such agreements or contracts, the municipality
may not become part of a district until the agreements or contracts expire or are
otherwise terminated. Under the bill, no new agreements or contracts authorizing
a county to exercise municipal park powers within a municipality may be entered
into unless the agreements or contracts contain provisions under which the
municipality may terminate the agreement or contracts so that it may create or
participate in a district.
In connection with park facilities, the powers of a district board include: the
authority to acquire, develop, maintain, improve, operate, and manage the park
facilities; the authority to operate recreational facilities or programs; the authority
to enter into contracts; the authority to employ personnel; the authority to impose
an impact fee on developers for park facilities; the authority to issue debt for capital
improvements to park facilities; and the authority to impose a sales tax and a use tax,
and levy a property tax, to carry out its functions. Before the taxes imposed by a
district may take effect, however, the district's action must be approved in a
referendum. The bill also grants these districts eligibility for various conservation
programs that are funded with stewardship moneys. These programs include the
local park aids program and the urban green space programs.
A district is governed by a nine-member board of directors that is elected
at-large at the spring election. Unless each of the governing bodies of the
municipalities of which the district is comprised agree to the contrary, the members
of the board of directors of the district are elected from separate geographic areas
within the district, the boundaries of which are prescribed by the governing bodies
in an apportionment plan. If the bodies cannot agree on a plan, the boundaries are
prescribed by an arbitrator. The issue of whether the board of directors shall be
elected pursuant to an apportionment plan is not arbitrable. Although all of the
electors of the district may participate in the election of all of the members of the
board of directors, if an apportionment plan is used, each member of the board of
directors must, at the time of taking office, reside within the apportioned area for
which he or she is elected or appointed to fill a vacancy. The terms of directors are
three years, although the initial terms are staggered such that each one-third of the
seats on the board are for terms of approximately one, two, and three years.
The members of a district board may change any decision that was made by an
arbitrator. A district board may adopt procedures to expand the jurisdiction of the
district to include other municipalities, the governing bodies of which approve of
their inclusion in the district.
A district may dissolve by action of the district board, subject to payment of the
district's debts and fulfillment of its other contractual obligations. If a district is
dissolved, its property must be transferred to the municipalities within the district's
jurisdiction. The district board determines how, and to which municipality, the
property is transferred based on factors including the current value of the park
facilities initially transferred by a municipality to a district and the amount of
money, sales tax revenue, and other contributions made by, or collected from, a
municipality.
Under the bill, a municipality within the district's jurisdiction may make loans
or lease or transfer property to a district. Generally, however, a municipality may
not create a park or expend any funds to support park or recreational facilities, or
impose an impact fee on a developer for park facilities, after a district imposes taxes.
TAXATION
Under the bill, a district may adopt a resolution to impose a sales tax and a use
tax at a rate of 0.1% on the sale or use of tangible personal property and services in
the district, subject to approval by the electors of a district at a referendum. The
district must hold the referendum at the first spring primary, spring election,
September primary, general election, or special election held throughout the district
that is held at least 45 days after the date on which the district adopts the resolution
to impose the taxes. The district may use the tax revenue only for purposes related
to park facilities. A retailer in the district may not collect the tax imposed by the
district after the district dissolves.
Under the bill, the district may also levy a property tax on the property located
in the district. However, the district must lower the property tax levy by the amount
of any sales tax and use tax imposed by the district that was collected in the previous
year.
Under the bill, a district's income is exempt from the income tax, a district's
property is exempt from the property tax, property transferred to a district is exempt
from the real estate transfer fee, and sales of tangible personal property or services
to the district are exempt from all state and local sales taxes and use taxes.
This bill will be referred to the joint survey committee on tax exemptions for a
detailed analysis, which will be printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB601, s. 1
1Section
1. 5.02 (21) of the statutes is amended to read:
AB601,5,22
5.02
(21) "Spring election" means the election held on the first Tuesday in April
3to elect judicial, educational
, and municipal officers, nonpartisan county officers,
4sewerage commissioners
, and members of the board of directors of local park and
1recreation districts and to express preferences for the person to be the presidential
2candidate for each party.
AB601, s. 2
3Section
2. 5.58 (1u) of the statutes is created to read:
AB601,5,104
5.58
(1u) Board of directors of local park and recreation districts. Except
5as authorized in s. 5.655, there shall be a separate ballot for members of the board
6of directors of any local park and recreation district. Arrangement of the names on
7the ballot shall be determined by the local park and recreation district clerk in the
8manner provided under s. 5.60 (1) (b). The ballot shall be entitled "Official Primary
9Ballot for Member of the Board of Directors of the Local Park and Recreation
10District."
AB601, s. 3
11Section
3. 5.58 (3) of the statutes is amended to read:
AB601,6,612
5.58
(3) Names on spring ballot. Only 2 candidates for state superintendent,
13for any judicial office,
or for any elected seat on a metropolitan sewerage commission
14or town sanitary district commission
,; in counties having a population of 500,000 or
15more only 2 candidates for member of the board of supervisors within each district
,; 16in counties having a population of less than 500,000 only 2 candidates for each
17member of the county board of supervisors from each district or numbered seat or
18only 4 candidates for each 2 members of the county board of supervisors from each
19district whenever 2 supervisors are elected to unnumbered seats from the same
20district
,; in 1st class cities only 2 candidates for any at-large seat and only 2
21candidates from any election district to be elected to the board of school directors
,; 22in school districts electing school board members to numbered seats, or pursuant to
23an apportionment plan or district representation plan, only 2 school board
24candidates for each numbered seat or within each district
,
; in a local park and
25recreation district, twice as many candidates as are to be elected members of the
1board of directors, or, if the district elects board members from apportioned areas,
2twice as many candidates as are to be elected members of the board of directors from
3each apportioned area; and twice as many candidates as are to be elected members
4of other school boards or other elective officers receiving the highest number of votes
5at the primary shall be nominees for the office at the spring election. Only their
6names shall appear on the official spring ballot.
AB601, s. 4
7Section
4. 5.60 (6u) of the statutes is created to read:
AB601,6,148
5.60
(6u) Board of directors of certain local park and recreation districts.
9 Except as authorized in s. 5.655, a separate ballot shall list the names of all
10candidates for member of the board of directors of any local park and recreation
11district. Arrangement of the names on the ballot shall be determined by the local
12park and recreation district clerk in the manner provided under sub. (1) (b). The
13ballot shall be entitled "Official Ballot for Member of the Board of Directors of the
14Local Park and Recreation District."
AB601, s. 5
15Section
5. 5.68 (2) of the statutes is amended to read:
AB601,7,216
5.68
(2) Except as otherwise expressly provided, all costs for ballots, supplies,
17notices
, and any other materials necessary in preparing or conducting any election
18shall be paid for by the county or municipality whose clerk or board of election
19commissioners is responsible for providing them. If a ballot is prepared for a school,
20technical college, sewerage
or, sanitary
, or local park and recreation district, the
21district shall pay for the cost of the ballot. If no other level of government is involved
22in a school, technical college, sewerage
or, sanitary
, or local park and recreation 23district election, the district shall pay for all costs of the ballots, supplies, notices
, and
24other materials. If ballots, supplies, notices
, or other materials are used for elections
25within more than one unit of local government, the costs shall be proportionately
1divided between the units of local government involved in the election. In a 1st class
2city, all costs otherwise attributable to a school district shall be paid by the city.
AB601, s. 6
3Section
6. 5.68 (3) of the statutes is amended to read:
AB601,7,114
5.68
(3) If voting machines are used or if an electronic voting system is used
5in which all candidates and referenda appear on the same ballot card, the ballots for
6all national, state
, and county offices and for county and state referenda shall be
7prepared and paid for by the county wherein they are used. If the voting machine
8or electronic voting system ballot includes a municipal or school, technical college,
9sewerage
or, sanitary
, or local park and recreation district ballot, the cost of that
10portion of the ballot shall be reimbursed to the county or paid for by the municipality
11or district, except as provided in a 1st class city school district under sub. (2).
AB601, s. 7
12Section
7. 7.51 (3) (b) of the statutes is amended to read:
AB601,7,1813
7.51
(3) (b) For ballots which relate only to municipal
or, school district
, or local
14park and recreation district offices or referenda, the inspectors, in lieu of par. (a),
15after counting the ballots shall return them to the proper ballot boxes, lock the boxes,
16paste paper over the slots, sign their names to the paper
, and deliver them and the
17keys therefor to the municipal
or, school district
, or local park and recreation district 18clerk. The clerk shall retain the ballots until destruction is authorized under s. 7.23.
AB601, s. 8
19Section
8. 7.51 (3) (d) of the statutes is amended to read:
AB601,8,220
7.51
(3) (d) All absentee certificate envelopes which have been opened shall be
21returned by the inspectors to the municipal clerk in a securely sealed carrier
22envelope which is clearly marked "used absentee certificate envelopes". The
23envelopes shall be signed by the chief inspector and 2 other inspectors. Except when
24the ballots are used in a municipal
or, school district
, or local park and recreation
1district election only, the municipal clerk shall transmit the used envelopes to the
2county clerk.
AB601, s. 9
3Section
9. 7.51 (4) (b) of the statutes is amended to read:
AB601,8,94
7.51
(4) (b) The chief inspector, or one of the inspectors appointed by him or her,
5immediately after the votes are tabulated or counted at each election, shall report
6the returns of the election to the municipal clerk
or
, to the school district clerk for
7school district elections, except in 1st class cities
, or to the local park and recreation
8district clerk for local park and recreation district elections. The clerk shall then
9make the returns public.
AB601, s. 10
10Section
10. 7.51 (5) of the statutes is amended to read:
AB601,9,1211
7.51
(5) Returns. The inspectors shall make full and accurate return of the
12votes cast for each candidate and proposition on tally sheet blanks provided by the
13municipal clerk for the purpose. Each tally sheet shall record the returns for each
14office or referendum by ward, unless combined returns are authorized in accordance
15with s. 5.15 (6) (b) in which case the tally sheet shall record the returns for each group
16of combined wards. After recording the votes, the inspectors shall seal in a carrier
17envelope outside the ballot bag or container one inspectors' statement under sub. (4)
18(a), one tally sheet
, and one poll or registration list for delivery to the county clerk,
19unless the election relates only to municipal or school district offices or referenda
or
20local park and recreation district offices. The inspectors shall also similarly seal one
21inspectors' statement, one tally sheet
, and one poll or registration list for delivery to
22the municipal clerk. For school district elections, except in 1st class cities, the
23inspectors shall similarly seal one inspectors' statement, one tally sheet
, and one poll
24or registration list for delivery to the school district clerk.
For local park and
25recreation district elections, the inspectors shall similarly seal one inspectors'
1statement, one tally sheet, and one poll or registration list for delivery to the local
2park and recreation district clerk. The inspectors shall immediately deliver all
3ballots, statements, tally sheets, lists
, and envelopes to the municipal clerk. The
4municipal clerk shall arrange for delivery of all ballots, statements, tally sheets,
5lists
, and envelopes relating to a school district
or local park and recreation district 6election to the school district
or local park and recreation district clerk
, respectively.
7The municipal clerk shall deliver the ballots, statements, tally sheets, lists
, and
8envelopes for his or her municipality relating to any county, technical college district,
9state
, or national election to the county clerk by 2 p.m. on the day following each such
10election. The person delivering the returns shall be paid out of the municipal
11treasury. Each clerk receiving ballots, statements, tally sheets
, or envelopes shall
12retain them until destruction is authorized under s. 7.23 (1).
AB601, s. 11
13Section
11. 7.53 (3m) of the statutes is created to read:
AB601,9,2514
7.53
(3m) Local park and recreation district elections. The local park and
15recreation district clerk shall appoint 2 qualified electors of the district prior to the
16date of the election being canvassed, who shall, with the clerk, constitute the local
17park and recreation district board of canvassers. The clerk shall appoint a member
18to fill any temporary vacancy on the board of canvassers. The canvass shall begin
19as soon as possible after receipt of the returns and shall continue, without
20adjournment, until completed. The board of canvassers may return defective returns
21to the municipal board of canvassers in the manner provided in s. 7.60 (3). The board
22of canvassers shall prepare a written statement showing the numbers of votes cast
23for each person for each office and shall prepare a determination showing the names
24of the persons who are elected to the board of directors. Following each primary
25election, the board of canvassers shall prepare a statement certifying the names of
1the persons who have won nomination to the board of directors. Each statement and
2determination shall be attested by each of the canvassers. The board of canvassers
3shall file each statement and determination in the local park and recreation district
4office.
AB601, s. 12
5Section
12. 8.10 (6) (e) of the statutes is created to read:
AB601,10,76
8.10
(6) (e) For members of the board of directors of a local park and recreation
7district, with the local park and recreation district clerk.
AB601, s. 13
8Section
13. 8.11 (2f) of the statutes is created to read:
AB601,10,149
8.11
(2f) Board of directors of certain local park and recreation districts.
10A primary shall be held in a local park and recreation district whenever there are
11more than twice the number of candidates to be elected members of the board of
12directors of the local park and recreation district, or, if the district elects board
13members from apportioned areas, more than twice as many candidates as are to be
14elected members of the board of directors from any apportioned area.
AB601, s. 14
15Section
14. 9.10 (1) (a) of the statutes is amended to read:
AB601,10,2116
9.10
(1) (a) The qualified electors of the state
,; of any county, city, village,
or 17town
,; of any congressional, legislative, judicial
, or school district
,; of any local park
18and recreation district; or of any prosecutorial unit may petition for the recall of any
19incumbent elective official by filing a petition with the same official or agency with
20whom nomination papers or declarations of candidacy for the office are filed
21demanding the recall of the officeholder.