SB556: Bill Text

SB556, s. 15 Section 15. 9.10 (1) (a) of the statutes is amended to read:

SB556,9,15 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 county park 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.

SB556, s. 16 Section 16. 9.10 (1) (b) of the statutes is amended to read:

SB556,9,24 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, county park 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.

SB556, s. 17 Section 17. 9.10 (2) (d) of the statutes is amended to read:

SB556,10,16 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, county park 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, county park 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.

SB556, s. 18 Section 18. 9.10 (3) (a) of the statutes is amended to read:

SB556,10,21 9.10 (3) (a) This subsection applies to the recall of all elective officials other than city, village, town, county park district, and school district officials. City, village, town, county park district, and school district officials are recalled under sub. (4).

SB556, s. 19 Section 19. 9.10 (4) (a) of the statutes is amended to read:

SB556,12,6 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town, county park 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 park commissioners of a county park 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 park commissioners of a county park 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 park commissioners of a county park district, the county park 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 county park district.

SB556, s. 20 Section 20. 9.10 (4) (d) of the statutes is amended to read:

SB556,12,13 9.10 (4) (d) Promptly upon receipt of a certificate or copy of the certificate issued under par. (a), the governing body, school board, or board of election commissioners shall call a recall election. The recall election shall be held on the Tuesday of the 6th week commencing after the date on which the certificate is filed, except that if Tuesday is a legal holiday the recall election shall be held on the first day after Tuesday which is not a legal holiday.

SB556, s. 21 Section 21. 9.10 (7) of the statutes is amended to read:

SB556,12,17 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, county park districts, and school districts.

SB556, s. 22 Section 22. 10.05 of the statutes is amended to read:

SB556,13,6 10.05 Posting of notice. Unless specifically designated elsewhere, this section applies to villages, towns and, school districts, and county park districts. Whenever a notice is required to be published, a village, town or, school district, or county park districts 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 county park districts or whenever the governing body of the village, town or, school district, or county park districts 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.

SB556, s. 23 Section 23. 10.07 (1) of the statutes is amended to read:

SB556,13,15 10.07 (1) Except as provided in sub. (2) in the case of voting machine ballots, whenever any county clerk or, any county park district clerk and one or more municipal or school 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 county park district sharing in its publication.

SB556, s. 24 Section 24. 11.02 (8) of the statutes is created to read:

SB556,13,18 11.02 (8) If the jurisdiction under sub. (3) is a county park district, the appropriate clerk is the county park district clerk.

SB556, s. 25 Section 25. 11.31 (1) (h) (intro.) of the statutes is amended to read:

SB556,13,25 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 park commissioners of a county park district, an amount equal to the greater of the following:

SB556, s. 26 Section 26. 17.01 (11m) of the statutes is created to read:

SB556,14,6 17.01 (11m) By a member of the board of park commissioners of a county park district, to the board of park commissioners. The board of park commissioners 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.

SB556, s. 27 Section 27. 17.13 (intro.) of the statutes is amended to read:

SB556,14,12 17.13 Removal of village, town, town sanitary district, school district, technical college and family care district, and county park district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts, technical college districts and, family care districts, and county park districts may be removed as follows:

SB556, s. 28 Section 28. 17.13 (3) of the statutes is amended to read:

SB556,14,18 17.13 (3) All officers. Any village, town, town sanitary district, school district or, technical college district, or county park 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 county park district is situated, for cause.

SB556, s. 29 Section 29. 17.27 (1f) of the statutes is created to read:

SB556,15,4 17.27 (1f) Board of park commissioners of county park district. Except as provided in s. 9.10, a vacancy in the office of any member of the board of park commissioners of a county park district may be filled for the residue of the unexpired term by temporary appointment of the remaining members of the board of park commissioners. 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.

SB556, s. 30 Section 30. 20.370 (5) (cr) of the statutes is amended to read:

SB556,15,10 20.370 (5) (cr) Recreation aids — county snowmobile trail and area aids. As a continuing appropriation, the amounts in the schedule from the snowmobile account in the conservation fund to provide state aid to counties and county park districts for snowmobile trails and areas consistent with the requirements of ss. 23.09 (26) and 350.12 (4) (b).

SB556, s. 31 Section 31. 20.370 (5) (ct) of the statutes is amended to read:

SB556,15,15 20.370 (5) (ct) Recreation aids — all-terrain vehicle project aids; gas tax payment. As a continuing appropriation, an amount equal to the estimated all-terrain vehicle gas tax payment to provide aid to towns, villages, cities, counties, county park districts, and federal agencies for nonstate all-terrain vehicle projects.

SB556, s. 32 Section 32. 20.370 (5) (cu) of the statutes is amended to read:

SB556,15,21 20.370 (5) (cu) Recreation aids — all-terrain vehicle project aids. As a continuing appropriation, the amounts in the schedule from moneys received from all-terrain vehicle fees under s. 23.33 (2) (c) to (e) to provide aid to towns, villages, cities, counties, county park districts, and federal agencies for nonstate all-terrain vehicle projects.

SB556, s. 33 Section 33. 20.370 (5) (cv) of the statutes is amended to read:

SB556,16,4 20.370 (5) (cv) Recreation aids — motorcycle recreation aids; trails. The amounts in the schedule to provide aid to towns, villages, cities and, counties and county park districts for the acquisition, development, operation and maintenance of off-the-road Type 1 motorcycle trails and facilities under s. 23.09 (25) (a) and to the department for the development and maintenance of existing off-the-road Type 1 motorcycle trails at the Black River state forest and the Bong State Recreation Area under s. 23.09 (25) (a).

SB556, s. 34 Section 34. 23.09 (19) (a) 2. of the statutes is amended to read:

SB556,16,9 23.09 (19) (a) 2. "Governmental unit" means a city, a village, a town, a county for which a county park district has not been created, a county park district, a lake sanitary district, as defined in s. 30.50 (4q), a public inland lake protection and rehabilitation district, or the Kickapoo reserve management board.

SB556, s. 35 Section 35. 23.09 (20) (ab) 2. of the statutes is amended to read:

SB556,16,12 23.09 (20) (ab) 2. "Municipality" means a city, a village, a town or a county for which a county park district has not been created, or a county park district.

SB556, s. 36 Section 36. 23.09 (20m) (a) 1. of the statutes is amended to read:

SB556,16,16 23.09 (20m) (a) 1. "Governmental unit" means a city, a village, a town, a county for which a park district has not been created, a county park district, or the Kickapoo reserve management board.

SB556, s. 37 Section 37. 23.09 (26) (ag) of the statutes is created to read:

SB556,16,20 23.09 (26) (ag) If a county creates a county park district under s. 27.161, only the county park district may receive aid and exercise the duties and powers granted to counties under this subsection.

SB556, s. 38 Section 38. 23.09 (26) (am) (intro.) of the statutes is amended to read:

SB556,16,24 23.09 (26) (am) (intro.) Counties Subject to par. (ag), counties and county park districts may receive aids under this subsection distributed in accordance with s. 350.12 (4) to:

SB556, s. 39 Section 39. 23.09 (26) (am) 1. of the statutes is amended to read:

SB556,17,13 23.09 (26) (am) 1. Purchase lands or secure easements, leases, permits or other appropriate agreements, written or oral, permitting use of private property for snowmobile trails, facilities and areas, if such easements, leases, permits or other agreements provide public access to the trail, facility or area. No lands purchased or leases, easements, permits or agreements secured under authority of this section may be acquired by the county or a county park district through condemnation. Counties A county or a county park district shall certify to the department that such lands, easements, leases, permits or other appropriate agreements have been secured. However, when bridges, culverts, toilet facilities, parking lots or shelters are to be constructed under this section and the improvements are estimated to cost in excess of $3,000, the land underlying such improvements must be purchased by the county or county park district or secured by the county or county park district by written easements or leases having a term of not less than 3 years.

SB556, s. 40 Section 40. 23.09 (26) (am) 3. of the statutes is amended to read:

SB556,17,18 23.09 (26) (am) 3. Develop and maintain snowmobile trails, facilities and areas on public lands designated by the county board or by or by the county park district or and develop and maintain snowmobile trails, facilities or areas under subd. 1. or 2.

SB556, s. 41 Section 41. 23.09 (26) (b) of the statutes is amended to read:

SB556,17,25 23.09 (26) (b) The county board of any county, which, by resolution, indicates its desire Any county or any county park district that wishes to receive aids under this subsection shall apply to the department on forms prescribed by the department and shall submit required documentation as set forth by rule on or before April 15, beginning in 1978. A decision on an aid application shall be made by the department on or before July 1, beginning in 1978.

SB556, s. 42 Section 42. 23.09 (26) (d) of the statutes is amended to read:

SB556,18,7 23.09 (26) (d) Distribution of snowmobile trail development funds shall be limited to trails which provide a primary access route through one county and connect with another county's trails, provide access from population centers to main access trails or support a high volume of use. Counties A county or a county park district applying for aid for snowmobile trail development shall identify the type of trail for which aid is being sought on the forms under par. (b).

SB556, s. 43 Section 43. 23.175 (1) (a) of the statutes is amended to read:

SB556,18,10 23.175 (1) (a) "Political subdivision" means a city, a village, a town or, county for which a county park district has not been created, or a county park district.

SB556, s. 44 Section 44. 23.305 (2) of the statutes is amended to read:

SB556,18,15 23.305 (2) Notwithstanding ss. 23.30 and 28.04, the department may lease state park land or state forest land to towns, villages or counties to a town, a village, a county for which no county park district has been created, or a county park district for outdoor recreational purposes associated with spectator sports.

SB556, s. 45 Section 45. 23.33 (8) (c) of the statutes is amended to read:

SB556,18,20 23.33 (8) (c) Trails. A town, a village, a city, a county for which no county park district has been created, or county park district or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements or permission, for use as all-terrain vehicle trails.

SB556, s. 46 Section 46. 23.33 (9) (bn) of the statutes is created to read:

SB556,18,24 23.33 (9) (bn) Counties with park districts. If a county creates a county park district under s. 27.161, only the county park district may receive aid for a nonstate all-terrain vehicle project as provided in pars. (b) and (c).

SB556, s. 47 Section 47. 23.33 (9) (c) of the statutes is amended to read:

SB556,19,4 23.33 (9) (c) Signs. In addition to the projects listed in par. (b), the department may provide aid under this subsection to a town, village, city or, county, or county park district for up to 100% of the cost of placing signs developed under sub. (4z) (a) 2.

SB556, s. 48 Section 48. 23.33 (11) (a) of the statutes is amended to read:

SB556,19,13 23.33 (11) (a) Counties, towns, cities and villages A city, town, or village may enact ordinances regulating all-terrain vehicles on all-terrain vehicle trails maintained by or the city, town, or village and on all-terrain vehicle routes designated by the county, city, town, or village. A county may enact ordinances regulating all-terrain vehicles on all-terrain vehicle trails maintained by the county, or by the county park district if such a park district has been created for the county, and on all-terrain vehicle routes designated by the county or by such a park district.

SB556, s. 49 Section 49. 25.50 (1) (d) of the statutes is amended to read:

SB556,19,24 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, county park district created under s. 27.161, 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.

SB556, s. 50 Section 50. 27.01 (3) of the statutes is amended to read:

SB556,20,7 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 county park district created under s. 27.161 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.

SB556, s. 51 Section 51. 27.02 (1) of the statutes is amended to read:

SB556,21,2 27.02 (1) Except as provided under sub. (2) and except in counties that have created a county park district under s. 27.161, in every county with a population of at least 150,000, but less than 500,000, and in any other county with a population of less than 150,000 wherein the county board has by resolution provided for a county park commission subject to ss. 27.02 to 27.06, the chairperson of the county board shall appoint a county park commission consisting of 7 members, any number of which may be members of the county board. The appointments shall be made in writing and filed in the office of the county clerk. The term of each member, except county board members, is 7 years following July 1 of the year in which the appointment is made and until the appointment and qualification of a successor, except that the first 7 members shall be appointed respectively for such terms that on July 1 in each of the 7 years following the year in which they are appointed the term of one member will expire. After the original appointments one commissioner shall be appointed annually in the month of June to succeed the member whose term will expire on July 1 following, except that in counties with a population of at least 150,000 but less than 500,000 the members shall be elected by the county board of supervisors. The term of any park commissioner appointed to the commission while serving as a county board member shall end when the commissioner's membership on the county board terminates, unless thereafter reappointed to the commission.

SB556, s. 52 Section 52. 27.03 (2) of the statutes is amended to read:

SB556,21,13 27.03 (2) In any county with a county executive or a county administrator, other than in a county that creates a county park district under s. 27.161, the county executive or county administrator shall appoint and supervise a general manager of the park system. The appointment shall be subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63. In any county with a population of 500,000 or more, the general manager of the park system shall be in the unclassified civil service and is subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation.

SB556, s. 53 Section 53. 27.05 (intro.) of the statutes is amended to read:

SB556,21,22 27.05 Powers of commission or general manager. (intro.) The Except in a county that creates a county park district under s. 27.161, the county park commission, or the general manager in counties with a county executive or county administrator, shall have charge and supervision of all county parks and all lands acquired by the county for park or reservation purposes. The county park commission or general manager, subject to the general supervision of the county board and regulations prescribed by the county board, except as provided under s. 27.03 (2), may do any of the following:

SB556, s. 54 Section 54. 27.06 of the statutes is amended to read:

SB556,22,4 27.06 Mill-tax appropriation. The Except in a county that creates a county park district under s. 27.161, the county board may annually, at the same time that other county taxes are levied, levy a tax upon the taxable property of such county for the purchase of land and the payment of expenses incurred in carrying on the work of the park commission. In every county having a population of 500,000 or more, the county park commission shall be subject to s. 59.60.

SB556, s. 55 Section 55. 27.075 (1) of the statutes is amended to read:

SB556,23,4 27.075 (1) The Except in a county that creates a county park district under s. 27.161, 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 terminate its participation with a county under s. 27.161 (3) may negotiate the termination of any agreement entered into with a county under this subsection or may remain a party to the agreement.

SB556, s. 56 Section 56. 27.075 (2) of the statutes is amended to read:

SB556,23,20 27.075 (2) The county board of any such county, or the commission of a district created under s. 27.161, 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 or district will perform the same. The powers conferred in sub. (1) and designated in such the resolution may thereafter be exercised by the county board, or commission, 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 or the district.

SB556, s. 57 Section 57. 27.075 (3) of the statutes is amended to read:

SB556,24,2 27.075 (3) After the adoption of resolutions by the county board, the county board shall have full power to or the commission as defined in s. 27.16 (1), the board or commission 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 county park district under subch. VI of ch. 229.

SB556, s. 58 Section 58. 27.075 (4) of the statutes is amended to read:

SB556,24,24 27.075 (4) The town, city or village concerned A city, village, or town may enter into necessary contracts with the county, or the district as defined in s. 27.16 (3), and appropriate money to pay the county or the district, 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. 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 or district 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 or district the expenses thereof shall be paid by county or district 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 or district commission 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.

SB556, s. 59 Section 59. 27.16 of the statutes is created to read: