SB322: Bill Text

SB322,10,14 8.11 (2f) Board of directors of certain local park and recreation districts. A primary shall be held in a local park and recreation district whenever there are more than twice the number of candidates to be elected members of the board of directors of the local park and recreation district, or, if the district elects board members from apportioned areas, more than twice as many candidates as are to be elected members of the board of directors from any apportioned area.

SB322, s. 14 Section 14. 9.10 (1) (a) of the statutes is amended to read:

SB322,10,21 9.10 (1) (a) The qualified electors of the state,; of any county, city, village, or town,; of any congressional, legislative, judicial, or school district,; of any local park and recreation district; or of any prosecutorial unit may petition for the recall of any incumbent elective official by filing a petition with the same official or agency with whom nomination papers or declarations of candidacy for the office are filed demanding the recall of the officeholder.

SB322, s. 15 Section 15. 9.10 (1) (b) of the statutes is amended to read:

SB322,11,5 9.10 (1) (b) Except as provided in par. (c), a petition for recall of a state, congressional, legislative, judicial, or county officer shall be signed by electors equal to at least 25% of the vote cast for the office of governor at the last election within the same district or territory as that of the officeholder being recalled. Except as provided in par. (c), a petition for the recall of a city, village, town, local park and recreation district, or school district officer shall be signed by electors equal to at least 25% of the vote cast for the office of president at the last election within the same district or territory as that of the officeholder being recalled.

SB322, s. 16 Section 16. 9.10 (2) (d) of the statutes is amended to read:

SB322,11,22 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless the petitioner first files a registration statement under s. 11.05 (1) or (2) with the filing officer with whom the petition is filed. The petitioner shall append to the registration a statement indicating his or her intent to circulate a recall petition, the name of the officer for whom recall is sought and, in the case of a petition for the recall of a city, village, town, local park and recreation district, or school district officer, a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought. No petitioner may circulate a petition for the recall of an officer prior to completing registration. The last date that on which a petition for the recall of a state, congressional, legislative, judicial, or county officer may be offered for filing is 5 p.m. on the 60th day commencing after registration. The last date that on which a petition for the recall of a city, village, town, local park and recreation district, or school district officer may be offered for filing is 5 p.m. on the 30th day commencing after registration. After the recall petition has been offered for filing, no name may be added or removed. No signature may be counted unless the date of the signature is within the period provided in this paragraph.

SB322, s. 17 Section 17. 9.10 (3) (a) of the statutes is amended to read:

SB322,12,2 9.10 (3) (a) This subsection applies to the recall of all elective officials other than city, village, town, local park and recreation district, and school district officials. City, village, town, local park and recreation district, and school district officials are recalled under sub. (4).

SB322, s. 18 Section 18. 9.10 (4) (a) of the statutes is amended to read:

SB322,13,12 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town, local park and recreation district, or school district official , is offered for filing, the officer against whom the petition is filed may file a written challenge with the municipal clerk or board of election commissioners or school district clerk official or agency with whom it the petition is filed, specifying any alleged insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the challenge with the clerk or board of election commissioners official or agency within 5 days after the challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed may file a reply to any new matter raised in the rebuttal within 2 days after the rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a reply to a rebuttal, the clerk or board of election commissioners official or agency shall file the certificate or an amended certificate. Within 31 days after the petition is offered for filing, the clerk or board of election commissioners official or agency shall determine by careful examination of the face of the petition whether the petition is sufficient and shall so state in a certificate issued by the official or agency and attached to the petition. If the petition is found to be insufficient, the certificate shall state the particulars creating the insufficiency. The petition may be amended to correct any insufficiency within 5 days following the affixing of the original certificate. Within 2 days after the offering of the amended petition for filing, the clerk or board of election commissioners official or agency shall again carefully examine the face of the petition to determine sufficiency and shall attach to the petition a certificate stating the findings. Immediately upon finding an original or amended petition sufficient, except in cities over 500,000 population, the municipal clerk or school district clerk and except with regard to a member of the board of directors of a local park and recreation district, the official shall transmit the petition to the governing body or to the school board. Immediately Except with regard to a member of the board of directors of a local park and recreation district, immediately upon finding an original or amended petition sufficient, in cities over 500,000 population, the board of election commissioners shall file the petition in its office. Immediately upon finding an original or amended petition sufficient, with regard to a member of the board of directors of a local park and recreation district, the local park and recreation district clerk shall file the petition in his or her office and shall transmit a copy of the petition to the governing body of each city, village, and town that has territory within the jurisdiction of the local park and recreation district.

SB322, s. 19 Section 19. 9.10 (4) (d) of the statutes is amended to read:

SB322,13,18 9.10 (4) (d) The governing body, school board, or board of election commissioners, upon receiving the certificate or copy of the certificate issued under par. (a), shall call an election on the Tuesday of the 6th week commencing after the date of the certificate. If Tuesday is a legal holiday, the recall election shall be held on the first day after Tuesday which is not a legal holiday.

SB322, s. 20 Section 20. 9.10 (7) of the statutes is amended to read:

SB322,13,22 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of article XIII, section 12, of the constitution and to extend the same rights to electors of cities, villages, towns, local park and recreation districts, and school districts.

SB322, s. 21 Section 21. 10.05 of the statutes is amended to read:

SB322,14,12 10.05 Posting of notice. Unless specifically designated elsewhere, this section applies to villages, towns and, school districts, and local park and recreation districts. Whenever a notice is required to be published, a village, town or, school district, or local park and recreation district may post 3 notices in lieu of publication under ch. 985 whenever there is not a newspaper published within the village, town or, school district, or local park and recreation district or whenever the governing body of the village, town or, school district, or local park and recreation district chooses to post in order to supplement notice provided in a newspaper. Whenever the manner of giving notice is changed by the governing body, the body shall give notice of the change in the manner used before the change. Whenever posting is used, the notices shall be posted no later than the day prescribed by law for publication, or, if that day falls within the week preceding the election to be noticed, at least one week before the election. All notices given for the same election shall be given in the same manner.

SB322, s. 22 Section 22. 10.07 (1) of the statutes is amended to read:

SB322,14,23 10.07 (1) Except as provided in sub. (2) in the case of voting machine ballots, whenever any county clerk or and one or more municipal or, school district , or local park and recreation district clerks within the same county are directed to publish, or whenever 2 or more municipal, school district or local park and recreation district clerks within the same county are directed to publish any notice or portion of a notice under this chapter on the same date in the same newspaper, the text of which is identical, the clerks may publish one notice only. The cost of publication of such notice or the portion of the notice required shall be apportioned equally between the county and each municipality or, school district, or local park and recreation district sharing in its publication.

SB322, s. 23 Section 23. 11.02 (8) of the statutes is created to read:

SB322,15,2 11.02 (8) If the jurisdiction under sub. (3) is a local park and recreation district, the appropriate clerk is the local park and recreation district clerk.

SB322, s. 24 Section 24. 11.31 (1) (h) (intro.) of the statutes is amended to read:

SB322,15,8 11.31 (1) (h) (intro.) Candidates for any local office , who are elected from a jurisdiction or district with less than 500,000 inhabitants according to the latest federal census or census information on which the district is based, as certified by the appropriate filing officer, and candidates for member of the board of directors of a local park and recreation district, an amount equal to the greater of the following:

SB322, s. 25 Section 25. 17.01 (11m) of the statutes is created to read:

SB322,15,14 17.01 (11m) By a member of the board of directors of a local park and recreation district, to the board of directors. The board of directors shall immediately give a copy of each resignation under this subsection to the elections board and to the chief executive officer of each municipality that has territory within the jurisdiction of the district.

SB322, s. 26 Section 26. 17.13 (intro.) of the statutes is amended to read:

SB322,15,20 17.13 Removal of village, town, town sanitary district, school district, technical college and family care district, and local park and recreation district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts, technical college districts and, family care districts, and local park and recreation districts may be removed as follows:

SB322, s. 27 Section 27. 17.13 (3) of the statutes is amended to read:

SB322,16,2 17.13 (3) All officers. Any village, town, town sanitary district, school district or, technical college district, or local park and recreation district officer, elective or appointive, including those embraced within subs. (1) and (2), by the a judge of the circuit court of the a circuit wherein the village, town, town sanitary district, school district or, technical college district, or local park and recreation district is situated, for cause.

SB322, s. 28 Section 28. 17.27 (1f) of the statutes is created to read:

SB322,16,13 17.27 (1f) Board of directors of local park and recreation districts. Except as provided in s. 9.10, a vacancy in the office of any member of the board of directors of a local park and recreation district may be filled by temporary appointment of the remaining members of the board of directors. The temporary appointee shall serve until a successor is elected and qualified. If the vacancy occurs in any year after the first Tuesday in April and on or before December 1, the vacancy shall be filled for the residue of the unexpired term, if any, at on the date of the next spring election. If the vacancy occurs in any year after December 1 or on or before the first Tuesday in April, the vacancy shall be filled for the residue of the unexpired term, if any, at the 2nd succeeding spring election.

SB322, s. 29 Section 29. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB322, s. 30 Section 30. 20.566 (1) (gc) of the statutes is created to read:

SB322,17,2 20.566 (1) (gc) Administration of local park and recreation district taxes. The amounts in the schedule for administering the special district taxes imposed under s. 77.704 by local park and recreation districts created under subch. VI of ch. 229. One and one-half percent of all moneys received from the taxes imposed under s. 77.704 shall be credited to this appropriation account.

SB322, s. 31 Section 31. 20.835 (4) (gc) of the statutes is created to read:

SB322,17,6 20.835 (4) (gc) Local park and recreation district taxes. Ninety-eight and one-half percent of all moneys received from the taxes imposed under s. 77.704, for the purposes provided in s. 77.76 (3n).

SB322, s. 32 Section 32. 23.09 (19) (a) 2. of the statutes is amended to read:

SB322,17,11 23.09 (19) (a) 2. "Governmental unit" means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), public inland lake protection and rehabilitation district, or local park and recreation district under subch. VI of ch. 229, or the Kickapoo reserve management board.

SB322, s. 33 Section 33. 23.09 (20) (ab) 1. of the statutes is amended to read:

SB322,17,15 23.09 (20) (ab) 1. "Governmental unit" means a municipality, a local park and recreation district under subch. VI of ch. 229, or the Kickapoo reserve management board.

SB322, s. 34 Section 34. 23.09 (20m) (a) 1. of the statutes is amended to read:

SB322,17,19 23.09 (20m) (a) 1. "Governmental unit" means a city, village, town, county, or local park and creation district under subch. VI of ch. 229, or the Kickapoo reserve management board.

SB322, s. 35 Section 35. 23.0917 (4m) (a) 3. of the statutes is amended to read:

SB322,17,24 23.0917 (4m) (a) 3. "Local governmental unit" means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or a public inland lake protection and rehabilitation district, or local park and recreation district under subch. VI of ch. 229.

SB322, s. 36 Section 36. 23.094 (1) of the statutes is amended to read:

SB322,18,4 23.094 (1) Definition. In this section, "political subdivision" means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or public inland lake protection and rehabilitation district, or local park and recreation district under subch. VI of ch. 229.

SB322, s. 37 Section 37. 25.50 (1) (d) of the statutes is amended to read:

SB322,18,16 25.50 (1) (d) "Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, local professional baseball park district created under subch. III of ch. 229, family care district under s. 46.2895, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, local park and recreation district created under subch. VI of ch. 229, public library system, school district or technical college district in this state, any commission, committee, board, or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 231.02, 233.02, or 234.02.

SB322, s. 38 Section 38. 27.01 (3) of the statutes is amended to read:

SB322,18,24 27.01 (3) Transfer of state park land to municipalities. The department may not transfer the ownership of any state park or land within any state park to any county, city, village or, town, county, or local park and recreation district created under subch. VI of ch. 229 unless it the department receives the approval of the joint committee on finance regarding the appropriate level of reimbursement to be received by the state to reflect the state's cost in acquiring and developing the state park or land within the state park.

SB322, s. 39 Section 39. 27.075 (1) of the statutes is amended to read:

SB322,19,23 27.075 (1) The county board of any county with a population of less than 500,000 is hereby vested with all powers of a local, legislative, and administrative character for the purpose of governing, managing, controlling, improving , and caring for public parks, parkways, boulevards, and pleasure drives; and to carry out these powers in districts which it may create for different purposes, or throughout the county, and for such purposes to levy county taxes, to issue bonds, assessment certificates, and improvement bonds, or any other evidence of indebtedness. The powers hereby conferred under this section may be exercised by the county board in any town, city or village city, village, or town, or part thereof located in such the county upon the request of any such town, city or village city, village, or town, evidenced by a resolution adopted by a majority vote of the members-elect of its governing body, designating the particular park function, duty, or act, and the terms, if any, upon which the same shall be exercised by the county board. Such The resolution shall state whether the authority or function is to be exercised exclusively by the county or jointly by the county and the town, city or village city, village, or town, and shall also state that the exercise of such the power by the county is in the public interest. Upon the receipt of the resolution, the county board may, by a resolution adopted by a majority vote of its membership, elect to assume the exercise of such the authority or function, upon the terms and conditions set forth in the resolution presented by the town, city or village city, village, or town. A city, village, or town that wishes to create or participate in a local park and recreation district under subch. VI of ch. 229 may negotiate the termination of any agreement entered into with a county under this subsection.

SB322, s. 40 Section 40. 27.075 (2) of the statutes is amended to read:

SB322,20,15 27.075 (2) The county board of any such county may, by a resolution adopted by a majority of its membership, propose to the towns, cities and villages cities, villages, and towns located in such the county, or any of them, that it offers to exercise such the powers and functions therein in order that are necessary to consolidate municipal park services and functions in said the county. Such The resolution shall designate the particular function, duty, or act and the terms and conditions, if any, upon which the county board will perform the same. The powers conferred in sub. (1) and designated in such the resolution may thereafter be exercised by the county board in each such town, city or village which shall accept such city, village, or town which accepts the proposal by the adoption of a resolution by a majority vote of the members-elect of its governing body, except that no governing body may accept any proposal described under this subsection unless it contains a provision under which the city, village, or town may terminate its agreement with the county so that the city, village, or town may create or participate in a local park and recreation district under subch. VI of ch. 229.

SB322, s. 41 Section 41. 27.075 (3) of the statutes is amended to read:

SB322,20,22 27.075 (3) After the adoption of resolutions by the county board, the county board shall have full power to it may legislate upon and administer the entire subject matter committed to it, and among other things, to and may determine, where not otherwise provided by law, the manner of exercising the power thus assumed. No county may exercise any power in a local park and recreation district under subch. VI of ch. 229.

SB322, s. 42 Section 42. 27.075 (4) of the statutes is amended to read:

SB322,21,19 27.075 (4) The town, city or village concerned A city, village, or town may enter into necessary contracts with the county, and appropriate money to pay the county, for the reasonable expenses incurred in rendering the park services assumed. Such The contract shall also provide a procedure for the termination of the contract by any city, village, or town that wishes to create or participate in a local park and recreation district under subch. VI of ch. 229. The expenses may be certified, returned, and paid as are other county charges, and, in the case of services performed pursuant to under a proposal for the consolidation thereof of municipal park services initiated by the county board and made available to each town, city and village city, village, and town in the county on the same terms, the expenses thereof shall be certified, returned, and paid as county charges; but in the event that each and every town, city and village if every city, village, and town in the county shall accept such accepts the proposal of the county board the expenses thereof shall be paid by county taxes to be levied and collected as are other taxes for county purposes. Said towns, cities and villages are vested with all necessary power to do the things herein required and to do all things and to exercise or relinquish any of the powers herein provided or contemplated. The procedure herein provided in this section for the request or acceptance of the exercise of the powers conferred on the county board in cities and villages is hereby prescribed as a special method of determining the local affairs and government of such cities and villages pursuant to article XI, section 3, of the constitution.

SB322, s. 43 Section 43. 27.08 (1) of the statutes is amended to read:

SB322,22,2 27.08 (1) Every city that is not part of a local park and recreation district under subch. VI of ch. 229 may by ordinance create a board of park commissioners subject to this section, or otherwise as provided by ordinance. Such, and if the city has a board of park commissioners the city shall terminate that board and end the board's authority under this section upon the city's creation of or participation in a local park and recreation district under subch. VI of ch. 229. The board shall be organized as directed by the common council shall provide.

SB322, s. 44 Section 44. 27.08 (3) of the statutes is amended to read:

SB322,22,13 27.08 (3) In any city having no If a city does not have a board of park commissioners its and is not part of a local park and recreation district under subch. VI of ch. 229, the city's public parks, parkways, boulevards, and pleasure drives shall be under the charge of its board of public works, if it has such last named board; otherwise or, if it does not have such a board, under the charge of its common council. When so in charge, the board of public works or the common council may exercise all of the powers of a board of park commissioners. Upon a city's creation of or participation in a local park and recreation district under subch. VI of ch. 229, the city's board of public works or common council may not exercise any authority under this section.

SB322, s. 45 Section 45. 30.277 (1b) (a) of the statutes is amended to read:

SB322,22,17 30.277 (1b) (a) "Governmental unit" means a city, village, town, county, or local park and recreation district under subch. VI of ch. 229, or the Kickapoo reserve management board.

SB322, s. 46 Section 46. 66.0301 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB322,23,7 66.0301 (1) (a) In this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, local park and recreation district created under subch. VI of ch. 229, family care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, or city-county health department.

SB322, s. 47 Section 47. 66.0617 (1) (a) of the statutes is amended to read:

SB322,23,18 66.0617 (1) (a) "Capital costs" means the capital costs to construct, expand, or improve public facilities, including the cost of land, and including legal, engineering, and design costs to construct, expand, or improve public facilities, except that not more than 10% of capital costs may consist of legal, engineering, and design costs unless the political subdivision or local park and recreation district can demonstrate that its legal, engineering, and design costs which relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. "Capital costs" does not include other noncapital costs to construct, expand, or improve public facilities or the costs of equipment to construct, expand, or improve public facilities.

SB322, s. 48 Section 48. 66.0617 (1) (c) of the statutes is amended to read:

SB322,23,22 66.0617 (1) (c) "Impact fees" means cash contributions, contributions of land or interests in land, or any other items of value that are imposed on a developer by a political subdivision or a local park and recreation district under this section.

SB322, s. 49 Section 49. 66.0617 (1) (d) of the statutes is amended to read:

SB322,24,3 66.0617 (1) (d) "Land development" means the construction or modification of improvements to real property that creates additional residential dwelling units within a political subdivision or local park and recreation district or that results in nonresidential uses that create a need for new, expanded, or improved public facilities within a political subdivision or local park and recreation district.

SB322, s. 50 Section 50. 66.0617 (1) (dg) of the statutes is created to read:

SB322,24,6 66.0617 (1) (dg) "Local park and recreation district" has the meaning given for district in s. 229.86 (3).

SB322, s. 51 Section 51. 66.0617 (1) (g) of the statutes is amended to read:

SB322,24,10 66.0617 (1) (g) "Service area" means a geographic area delineated by a political subdivision or local park and recreation district within which there are public facilities.

SB322, s. 52 Section 52. 66.0617 (1) (h) of the statutes is amended to read:

SB322,24,15 66.0617 (1) (h) "Service standard" means a certain quantity or quality of public facilities relative to a certain number of persons, parcels of land , or other appropriate measure, as specified by the political subdivision or local park and recreation district.

SB322, s. 53 Section 53. 66.0617 (2) (a) of the statutes is amended to read:

SB322,24,20 66.0617 (2) (a) Subject to par. (am), a political subdivision may enact an ordinance under this section, and a local park and recreation district may adopt a resolution under this section, that imposes impact fees on developers to pay for the capital costs that are necessary to accommodate land development.

SB322, s. 54 Section 54. 66.0617 (2) (am) of the statutes is renumbered 66.0617 (2) (am) 1.

SB322, s. 55 Section 55. 66.0617 (2) (am) 2. of the statutes is created to read:

SB322,25,3 66.0617 (2) (am) 2. No local park and recreation district may impose an impact fee under this section for any purpose other than park facilities, as defined in s. 229.86 (6).

SB322, s. 56 Section 56. 66.0617 (3) of the statutes is amended to read:

SB322,25,11 66.0617 (3) Public hearing; notice. Before enacting an ordinance or adopting a resolution that imposes impact fees, or amending an existing ordinance or resolution that imposes impact fees, a political subdivision or a local park and recreation district shall hold a public hearing on the proposed ordinance or amendment. Notice of the public hearing shall be published as a class 1 notice under ch. 985, and shall specify where a copy of the proposed ordinance or amendment and the public facilities needs assessment may be obtained.

SB322, s. 57 Section 57. 66.0617 (4) (a) (intro.) of the statutes is amended to read:

SB322,25,19 66.0617 (4) (a) (intro.) Before enacting an ordinance or adopting a resolution that imposes impact fees or amending an ordinance or resolution that imposes impact fees by revising the amount of the fee or altering the public facilities for which impact fees may be imposed, a political subdivision or a local park and recreation district shall prepare a needs assessment for the public facilities for which it is anticipated that impact fees may be imposed. The public facilities needs assessment shall include, but not be limited to, the following:

SB322, s. 58 Section 58. 66.0617 (4) (b) of the statutes is amended to read:

SB322,25,25 66.0617 (4) (b) A public facilities needs assessment or revised public facilities needs assessment that is prepared under this subsection shall be available for public inspection and copying in the office of the clerk of the political subdivision or in the office of the secretary of the board of the local park and recreation district at least 20 days before the hearing under sub. (3).