SB556,16,2018
23.09
(26) (ag) If a county creates a county park district under s. 27.161, only
19the county park district may receive aid and exercise the duties and powers granted
20to counties under this subsection.
SB556, s. 38
21Section
38. 23.09 (26) (am) (intro.) of the statutes is amended to read:
SB556,16,2422
23.09
(26) (am) (intro.)
Counties
Subject to par. (ag), counties and county park
23districts may receive aids under this subsection distributed in accordance with s.
24350.12 (4) to:
SB556, s. 39
25Section
39. 23.09 (26) (am) 1. of the statutes is amended to read:
SB556,17,13
123.09
(26) (am) 1. Purchase lands or secure easements, leases, permits or other
2appropriate agreements, written or oral, permitting use of private property for
3snowmobile trails, facilities and areas, if such easements, leases, permits or other
4agreements provide public access to the trail, facility or area. No lands purchased
5or leases, easements, permits or agreements secured under authority of this section
6may be acquired by the county
or a county park district through condemnation.
7Counties A county or a county park district shall certify to the department that such
8lands, easements, leases, permits or other appropriate agreements have been
9secured. However, when bridges, culverts, toilet facilities, parking lots or shelters
10are to be constructed under this section and the improvements are estimated to cost
11in excess of $3,000, the land underlying such improvements must be purchased by
12the county
or county park district or secured by the county
or county park district by
13written easements or leases having a term of not less than 3 years.
SB556, s. 40
14Section
40. 23.09 (26) (am) 3. of the statutes is amended to read:
SB556,17,1815
23.09
(26) (am) 3. Develop and maintain snowmobile trails, facilities and areas
16on public lands designated by the county
board or by or by the county park district 17or
and develop and maintain snowmobile trails
, facilities or areas under subd. 1. or
182.
SB556, s. 41
19Section
41. 23.09 (26) (b) of the statutes is amended to read:
SB556,17,2520
23.09
(26) (b)
The county board of any county, which, by resolution, indicates
21its desire Any county or any county park district that wishes to receive aids under
22this subsection shall apply to the department on forms prescribed by the department
23and
shall submit required documentation as set forth by rule on or before April 15,
24beginning in 1978. A decision on an aid application shall be made by the department
25on or before July 1, beginning in 1978.
SB556, s. 42
1Section
42. 23.09 (26) (d) of the statutes is amended to read:
SB556,18,72
23.09
(26) (d) Distribution of snowmobile trail development funds shall be
3limited to trails which provide a primary access route through one county and
4connect with another county's trails, provide access from population centers to main
5access trails or support a high volume of use.
Counties A county or a county park
6district applying for aid for snowmobile trail development shall identify the type of
7trail for which aid is being sought on the forms under par. (b).
SB556, s. 43
8Section
43. 23.175 (1) (a) of the statutes is amended to read:
SB556,18,109
23.175
(1) (a) "Political subdivision" means a city,
a village,
a town
or, county
10for which a county park district has not been created, or a county park district.
SB556, s. 44
11Section
44. 23.305 (2) of the statutes is amended to read:
SB556,18,1512
23.305
(2) Notwithstanding ss. 23.30 and 28.04, the department may lease
13state park land or state forest land to
towns, villages or counties to a town, a village,
14a county for which no county park district has been created, or a county park district 15for outdoor recreational purposes associated with spectator sports.
SB556, s. 45
16Section
45. 23.33 (8) (c) of the statutes is amended to read:
SB556,18,2017
23.33
(8) (c)
Trails. A town,
a village,
a city,
a county
for which no county park
18district has been created, or county park district or the department may designate
19corridors through land which it owns or controls, or for which it obtains leases,
20easements or permission, for use as all-terrain vehicle trails.
SB556, s. 46
21Section
46. 23.33 (9) (bn) of the statutes is created to read:
SB556,18,2422
23.33
(9) (bn)
Counties with park districts. If a county creates a county park
23district under s. 27.161, only the county park district may receive aid for a nonstate
24all-terrain vehicle project as provided in pars. (b) and (c).
SB556, s. 47
25Section
47. 23.33 (9) (c) of the statutes is amended to read:
SB556,19,4
123.33
(9) (c)
Signs. In addition to the projects listed in par. (b), the department
2may provide aid under this subsection to a town, village, city
or, county
, or county
3park district for up to 100% of the cost of placing signs developed under sub. (4z) (a)
42.
SB556, s. 48
5Section
48. 23.33 (11) (a) of the statutes is amended to read:
SB556,19,136
23.33
(11) (a)
Counties, towns, cities and villages A city, town, or village may
7enact ordinances regulating all-terrain vehicles on all-terrain vehicle trails
8maintained by
or the city, town, or village and on all-terrain vehicle routes
9designated by the
county, city, town
, or village.
A county may enact ordinances
10regulating all-terrain vehicles on all-terrain vehicle trails maintained by the
11county, or by the county park district if such a park district has been created for the
12county, and on all-terrain vehicle routes designated by the county or by such a park
13district.
SB556, s. 49
14Section
49. 25.50 (1) (d) of the statutes is amended to read:
SB556,19,2415
25.50
(1) (d) "Local government" means any county, town, village, city, power
16district, sewerage district, drainage district, town sanitary district, public inland
17lake protection and rehabilitation district, local professional baseball park district
18created under subch. III of ch. 229, family care district under s. 46.2895, local
19professional football stadium district created under subch. IV of ch. 229, local
20cultural arts district created under subch. V of ch. 229,
county park district created
21under s. 27.161, public library system, school district or technical college district in
22this state, any commission, committee, board
, or officer of any governmental
23subdivision of this state, any court of this state, other than the court of appeals or the
24supreme court, or any authority created under s. 231.02, 233.02
, or 234.02.
SB556, s. 50
25Section
50. 27.01 (3) of the statutes is amended to read:
SB556,20,7
127.01
(3) Transfer of state park land to municipalities. The department may
2not transfer the ownership of any state park or land within any state park to any
3county, city, village
or, town
, county, or county park district created under s. 27.161 4unless
it the department receives the approval of the joint committee on finance
5regarding the appropriate level of reimbursement to be received by the state to
6reflect the state's cost in acquiring and developing the state park or land within the
7state park.
SB556, s. 51
8Section
51. 27.02 (1) of the statutes is amended to read:
SB556,21,29
27.02
(1) Except as provided under sub. (2)
and except in counties that have
10created a county park district under s. 27.161, in every county with a population of
11at least 150,000, but less than 500,000, and in any other county with a population
12of less than 150,000 wherein the county board has by resolution provided for a county
13park commission subject to ss. 27.02 to 27.06, the chairperson of the county board
14shall appoint a county park commission consisting of 7 members, any number of
15which may be members of the county board. The appointments shall be made in
16writing and filed in the office of the county clerk. The term of each member, except
17county board members, is 7 years following July 1 of the year in which the
18appointment is made and until the appointment and qualification of a successor,
19except that the first 7 members shall be appointed respectively for such terms that
20on July 1 in each of the 7 years following the year in which they are appointed the
21term of one member will expire. After the original appointments one commissioner
22shall be appointed annually in the month of June to succeed the member whose term
23will expire on July 1 following, except that in counties with a population of at least
24150,000 but less than 500,000 the members shall be elected by the county board of
25supervisors. The term of any park commissioner appointed to the commission while
1serving as a county board member shall end when the commissioner's membership
2on the county board terminates, unless thereafter reappointed to the commission.
SB556, s. 52
3Section
52. 27.03 (2) of the statutes is amended to read:
SB556,21,134
27.03
(2) In any county with a county executive or a county administrator,
other
5than in a county that creates a county park district under s. 27.161, the county
6executive or county administrator shall appoint and supervise a general manager of
7the park system. The appointment shall be subject to confirmation by the county
8board unless the county board, by ordinance, elects to waive confirmation or unless
9the appointment is made under a civil service system competitive examination
10procedure established under s. 59.52 (8) or ch. 63. In any county with a population
11of 500,000 or more, the general manager of the park system shall be in the
12unclassified civil service and is subject to confirmation by the county board unless
13the county board, by ordinance, elects to waive confirmation.
SB556, s. 53
14Section
53. 27.05 (intro.) of the statutes is amended to read:
SB556,21,22
1527.05 Powers of commission or general manager. (intro.)
The Except in
16a county that creates a county park district under s. 27.161, the county park
17commission, or the general manager in counties with a county executive or county
18administrator, shall have charge and supervision of all county parks and all lands
19acquired by the county for park or reservation purposes. The county park
20commission or general manager, subject to the general supervision of the county
21board and regulations prescribed by the county board, except as provided under s.
2227.03 (2), may do any of the following:
SB556, s. 54
23Section
54. 27.06 of the statutes is amended to read:
SB556,22,4
2427.06 Mill-tax appropriation. The Except in a county that creates a county
25park district under s. 27.161, the county board may annually, at the same time that
1other county taxes are levied, levy a tax upon the taxable property of such county for
2the purchase of land and the payment of expenses incurred in carrying on the work
3of the park commission. In every county having a population of 500,000 or more, the
4county park commission shall be subject to s. 59.60.
SB556, s. 55
5Section
55. 27.075 (1) of the statutes is amended to read:
SB556,23,46
27.075
(1) The Except in a county that creates a county park district under s.
727.161, the county board of any county with a population of less than 500,000 is
8hereby vested with all powers of a local, legislative
, and administrative character for
9the purpose of governing, managing, controlling, improving
, and caring for public
10parks, parkways, boulevards
, and pleasure drives; and to carry out these powers in
11districts which it may create for different purposes, or throughout the county, and for
12such purposes to levy county taxes, to issue bonds, assessment certificates
, and
13improvement bonds, or any other evidence of indebtedness. The powers
hereby 14conferred
under this section may be exercised by the county board in any
town, city
15or village city, village, or town, or part thereof located in
such the county upon the
16request of any such
town, city or village city, village, or town, evidenced by a
17resolution adopted by a majority vote of the members-elect of its governing body,
18designating the particular park function, duty
, or act, and the terms, if any, upon
19which the same shall be exercised by the county board.
Such The resolution shall
20state whether the authority or function is to be exercised exclusively by the county
21or jointly by the county and the
town, city or village
city, village, or town, and shall
22also state that the exercise of
such the power by the county is in the public interest.
23Upon the receipt of the resolution, the county board may, by a resolution adopted by
24a majority vote of its membership, elect to assume the exercise of
such the authority
25or function, upon the terms and conditions set forth in the resolution presented by
1the
town, city or village city, village, or town. A city, village, or town that wishes to
2terminate its participation with a county under s. 27.161 (3) may negotiate the
3termination of any agreement entered into with a county under this subsection or
4may remain a party to the agreement.
SB556, s. 56
5Section
56. 27.075 (2) of the statutes is amended to read:
SB556,23,206
27.075
(2) The county board of any
such county
, or the commission of a district
7created under s. 27.161, may, by a resolution adopted by a majority of its
8membership, propose to the
towns, cities and villages
cities, villages, and towns 9located in
such the county, or any of them, that it offers to exercise
such the powers
10and functions
therein in order that are necessary to consolidate municipal park
11services and functions in
said the county.
Such The resolution shall designate the
12particular function, duty
, or act and the terms and conditions, if any, upon which the
13county board
or district will perform the same. The powers conferred in sub. (1) and
14designated in
such the resolution may
thereafter be exercised by the county board
,
15or commission, in each
such town, city or village which shall accept such city, village,
16or town which accepts the proposal by the adoption of a resolution by a majority vote
17of the members-elect of its governing body
, except that no governing body may accept
18any proposal described under this subsection unless it contains a provision under
19which the city, village, or town may terminate its agreement with the county or the
20district.
SB556, s. 57
21Section
57. 27.075 (3) of the statutes is amended to read:
SB556,24,222
27.075
(3) After the adoption of resolutions by the county board,
the county
23board shall have full power to or the commission as defined in s. 27.16 (1), the board
24or commission may legislate upon and administer the entire subject matter
25committed to it
, and among other things, to and may determine, where not otherwise
1provided by law, the manner of exercising the power thus assumed.
No county may
2exercise any power in a county park district under subch. VI of ch. 229.
SB556, s. 58
3Section
58. 27.075 (4) of the statutes is amended to read:
SB556,24,244
27.075
(4) The town, city or village concerned A city, village, or town may enter
5into
necessary contracts with the county,
or the district as defined in s. 27.16 (3), and
6appropriate money to pay the county
or the district, for the reasonable expenses
7incurred in rendering the park services assumed.
Such The contract shall also
8provide a procedure for the termination of the contract by any city, village, or town.
9The expenses may be certified, returned
, and paid as are other county charges, and
, 10in the case of services performed
pursuant to under a proposal for the consolidation
11thereof of municipal park services initiated by the county board
or district and made
12available to each
town, city and village city, village, and town in the county on the
13same terms, the expenses
thereof shall be certified, returned
, and paid as county
14charges; but
in the event that each and every town, city and village if every city,
15village, and town in the county
shall accept such
accepts the proposal of the county
16board
or district the expenses
thereof shall be paid by county
or district taxes to be
17levied and collected as are other taxes for county purposes.
Said towns, cities and
18villages are vested with all necessary power to do the things herein required, and to
19do all things and to exercise or relinquish any of the powers herein provided or
20contemplated. The procedure
herein provided
in this section for the request or
21acceptance of the exercise of the powers conferred on the county board
or district
22commission in cities and villages is
hereby prescribed as a special method of
23determining the local affairs and government of such cities and villages pursuant to
24article XI, section 3, of the constitution.
SB556, s. 59
25Section
59. 27.16 of the statutes is created to read:
SB556,25,1
127.16 Definitions. In ss. 27.16 to 27.165:
SB556,25,2
2(1) "Commission" means the governing body of a district
SB556,25,3
3(2) "Commissioners" means the commissioners of a district.
SB556,25,5
4(3) "District" means a county park district which is a special purpose district
5created under s. 27.161.
SB556,25,6
6(4) "Municipality" means a city, village, or town.
SB556,25,9
7(5) "Park facilities" means a public park, including improvements, that is
8owned by a district, or a public park, including improvements, that is owned by a
9municipality but is under the management and control of a district, or both.
SB556, s. 60
10Section
60. 27.161 of the statutes is created to read:
SB556,25,19
1127.161 Creation, organization, and administration. (1) Any county
12board may enact an ordinance separating its county park commission or county park
13department from the county and create a special purpose district that is a unit of
14government, that is a body corporate and politic, that is separate and distinct from,
15and independent of, the state, the county, and every municipality that is located
16within the county, and that has the powers under s. 27.163. The boundaries and
17jurisdiction of the district is coterminous with the boundaries of the county. The
18county board shall send copies of the ordinance to every municipality that is wholly
19or partly within the county.
SB556,25,22
20(2) Before a district may be created, the county board shall adopt a resolution
21or enact an ordinance which shall take effect following its enactment and that
22addresses at least all of the following provisions:
SB556,26,223
(a) A mechanism that provides a loan of start-up funds for the initial operating
24costs of the district. The loaned start-up funds shall be sufficient to sustain the
1district until it receives the first amount of proceeds from a tax that is imposed under
2s. 27.163 (8).
SB556,26,43
(b) A method of appointing temporary commissioners to serve until the initial
4commissioners are elected at the spring election and qualified to take office.
SB556,26,65
(c) An apportionment plan for the election of the commissioners under sub. (6)
6(b).
SB556,26,87
(d) A method to transfer title of the park facilities from the county to the
8district.
SB556,26,14
9(3) Before the county board may consider a resolution or ordinance that is
10described under sub. (2), each municipality that is subject to an agreement or
11contract with a county under s. 27.075 (1), (2), or (4) may negotiate with the county
12the termination of any such agreements or contracts or may remain as a party to the
13agreement or contract knowing that the district will assume the county's
14responsibility under the agreement or contract.
SB556,26,15
15(4) If a district is created, on the date that the creation becomes effective:
SB556,26,1716
(a) All assets and liabilities of the county with respect to park and recreational
17functions become assets and liabilities of the district.
SB556,26,2318
(b) All positions of the county having functions related to parks and recreation,
19and the incumbent employees occupying those positions, become positions and
20employees of the district. Employees so transferred have all the rights under subch.
21IV of ch. 111 and s. 59.52 (8) or subch. I of ch. 63 that they enjoyed as employees of
22the county. No employee so transferred who has attained permanent status in class
23is required to serve a probationary period.
SB556,26,2524
(c) All tangible personal property of the county with respect to park and
25recreational functions is transferred to the district.
SB556,27,4
1(d) All contracts entered into by the county with respect to park and
2recreational functions remain in effect and are transferred to the district. The
3district shall carry out any obligations under such a contract until the contract is
4modified or rescinded by the district, to the extent allowed under the contract.
SB556,27,85
(e) Any matter pending with the county with respect to park and recreational
6functions is transferred to the district and all materials submitted to or actions taken
7by the county with respect to park and recreational functions are considered as
8having been submitted to or taken by the district.
SB556,27,11
9(5) (a) 1. The district is governed by a commission. The commission may adopt
10bylaws to govern the district's activities, subject to this subchapter. The commission
11shall consist of 9 members who are elected at-large.
SB556,27,1312
2. The commissioners shall be elected at the spring election pursuant to an
13apportionment plan under par. (b).
SB556,27,1814
3. The first election of commissioners shall occur in April of the year following
15the year in which the resolution or ordinance described in sub. (2) (a) takes effect.
16Temporary members shall be appointed according to the ordinance or resolution
17under sub. (2) (b) to serve until the initial members are elected at the spring election
18and qualified to take office.
SB556,27,2319
(b) 1. Each apportionment plan shall divide the entire district into apportioned
20geographic areas for the election of commissioners. The boundaries of the
21apportioned areas shall remain unchanged unless the commission, by resolution
22adopted no later than November 1 preceding a spring election, prescribes revised
23boundaries for the election of commissioners at that election and thereafter.
SB556,28,3
12. Each candidate for commissioner shall state on the face of his or her
2declaration of candidacy and nomination papers the apportioned area for which the
3candidate seeks office.
SB556,28,94
(c) Each commissioner shall be a resident of the district and, a resident of the
5apportioned area for which he or she is elected at the time that the member takes the
6oath of office. If a commissioner who is elected from an apportioned area ceases to
7be a resident of that area after the beginning of his or her term of office but continues
8to be a resident of the district, the member may continue to serve for the remainder
9of the term for which he or she was elected or appointed.
SB556,28,1910
(d) The terms of the commissioners shall be 3 years, beginning on the first
11Monday in June following their election to office, except that the terms of one-third
12of the initial persons elected to office shall expire on the first Monday in June that
13is one year following that year; the terms of one-third of the initial persons elected
14to office shall expire on the first Monday in June that is 2 years following that year;
15and the terms of one-third of the persons elected to office shall expire on the first
16Monday in June that is 3 years following that year. Members of the commission may
17be removed from office before the expiration of their terms, for cause, as provided
18under s. 17.13 (3) and may be recalled as provided under s. 9.10. Vacancies in the
19office of commissioner shall be filled as provided under s. 17.27 (1f).
SB556,28,2420
(e) The commission shall elect from its membership a chairperson, a vice
21chairperson, a secretary, and a treasurer. A majority of the current membership of
22the commission constitutes a quorum to do business. The district may take action
23based on the affirmative vote of a majority of those commissions directors who are
24present at a meeting of the commission board.
SB556,29,4
1(f) 1. The commission shall appoint a person to serve as clerk of the district.
2The clerk shall administer the affairs of the district, under the direction of the
3commission. Within 7 days after the appointment of any person to fill a vacancy on
4the commission, the clerk shall notify the person of his or her appointment.
SB556,29,245
2. No later than 5 p.m. on the 2nd Tuesday in January, the clerk shall certify
6to the county clerk the names of candidates who have filed valid nomination papers
7for commissioner and who are eligible to have their names appear on the ballot under
8s. 8.30. If any municipality lying wholly or partially within the district prepares its
9own ballots under s. 7.15 (2) (c), the clerk shall similarly certify the names of
10candidates to the municipal clerk. In making these certifications, the clerk shall
11designate the form of each candidate's name to appear on the ballot in the manner
12prescribed under s. 7.08 (2) (a). If a primary is held for any seat on a commission,
13the clerk shall certify to the county clerk the names of candidates who have won
14nomination to the commission and who are eligible to have their names appear on
15the ballot under s. 8.30. If any municipality lying wholly or partially within the
16district prepares its own ballots under s. 7.15 (2) (c), the clerk shall similarly certify
17the names of candidates to the municipal clerk. The clerk shall notify the municipal
18clerk of each municipality lying wholly or partially within the district of any district
19election and furnish each municipal clerk with a copy of the notice of the district
20election. If paper ballots are utilized at a district election, the clerk shall provide each
21municipal clerk with an adequate supply of ballots for the election at least 22 days
22before the election. The clerk shall issue certificates of election to persons who are
23elected to the commission after each election in the manner provided under s. 7.53
24(4).
SB556,30,2
1(g) The commissioners shall be reimbursed for their actual and necessary
2expenses incurred in the performance of their duties, but may not receive a salary.
SB556,30,53
(h) Upon the election under par. (a) and qualification of a majority of the
4commissioners, the commission may exercise the powers and duties of a commission
5under this subchapter.
SB556,30,66
(i) At its first meeting, the commission shall name the district.
SB556,30,8
727.162 Jurisdiction. The jurisdiction of a district shall consist of the territory
8of the county that creates the district.
SB556,30,11
927.163 Powers of district. A district has all of the powers necessary or
10convenient to carry out the purposes and provisions of ss. 27.16 to 27.165. In addition
11to all other powers granted by this subchapter, a district may do all of the following:
SB556,30,12
12(1) Adopt and alter an official seal.
SB556,30,13
13(2) Sue and be sued in its own name, and plead and be impleaded.
SB556,30,14
14(3) Maintain an office.
SB556,30,15
15(4) In connection with park facilities:
SB556,30,1716
(a) Acquire, develop, equip, maintain, improve, operate, and manage the park
17facilities.
SB556,30,1918
(b) Enter into contracts, subject to such standards as may be established by the
19board of directors.
SB556,30,2020
(c) Grant concessions.
SB556,30,2121
(d) Operate recreational facilities or programs.
SB556,30,25
22(5) Employ personnel, and fix and regulate their compensation; and provide,
23either directly or subject to an agreement under s. 66.0301 as a participant in a
24benefit plan of the county, any employee benefits, including an employee pension
25plan.
SB556,31,3
1(6) Purchase insurance, establish and administer a plan of self-insurance, or,
2subject to an agreement with the county under s. 66.0301, participate in a
3governmental plan of insurance or self-insurance.