SB556: Bill Text

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:

SB556,25,1 27.16 Definitions. In ss. 27.16 to 27.165:

SB556,25,2 (1) "Commission" means the governing body of a district

SB556,25,3 (2) "Commissioners" means the commissioners of a district.

SB556,25,5 (3) "District" means a county park district which is a special purpose district created under s. 27.161.

SB556,25,6 (4) "Municipality" means a city, village, or town.

SB556,25,9 (5) "Park facilities" means a public park, including improvements, that is owned by a district, or a public park, including improvements, that is owned by a municipality but is under the management and control of a district, or both.

SB556, s. 60 Section 60. 27.161 of the statutes is created to read:

SB556,25,19 27.161 Creation, organization, and administration. (1) Any county board may enact an ordinance separating its county park commission or county park department from the county and create a special purpose district that is a unit of government, that is a body corporate and politic, that is separate and distinct from, and independent of, the state, the county, and every municipality that is located within the county, and that has the powers under s. 27.163. The boundaries and jurisdiction of the district is coterminous with the boundaries of the county. The county board shall send copies of the ordinance to every municipality that is wholly or partly within the county.

SB556,25,22 (2) Before a district may be created, the county board shall adopt a resolution or enact an ordinance which shall take effect following its enactment and that addresses at least all of the following provisions:

SB556,26,2 (a) A mechanism that provides a loan of start-up funds for the initial operating costs of the district. The loaned start-up funds shall be sufficient to sustain the district until it receives the first amount of proceeds from a tax that is imposed under s. 27.163 (8).

SB556,26,4 (b) A method of appointing temporary commissioners to serve until the initial commissioners are elected at the spring election and qualified to take office.

SB556,26,6 (c) An apportionment plan for the election of the commissioners under sub. (6) (b).

SB556,26,8 (d) A method to transfer title of the park facilities from the county to the district.

SB556,26,14 (3) Before the county board may consider a resolution or ordinance that is described under sub. (2), each municipality that is subject to an agreement or contract with a county under s. 27.075 (1), (2), or (4) may negotiate with the county the termination of any such agreements or contracts or may remain as a party to the agreement or contract knowing that the district will assume the county's responsibility under the agreement or contract.

SB556,26,15 (4) If a district is created, on the date that the creation becomes effective:

SB556,26,17 (a) All assets and liabilities of the county with respect to park and recreational functions become assets and liabilities of the district.

SB556,26,23 (b) All positions of the county having functions related to parks and recreation, and the incumbent employees occupying those positions, become positions and employees of the district. Employees so transferred have all the rights under subch. IV of ch. 111 and s. 59.52 (8) or subch. I of ch. 63 that they enjoyed as employees of the county. No employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB556,26,25 (c) All tangible personal property of the county with respect to park and recreational functions is transferred to the district.

SB556,27,4 (d) All contracts entered into by the county with respect to park and recreational functions remain in effect and are transferred to the district. The district shall carry out any obligations under such a contract until the contract is modified or rescinded by the district, to the extent allowed under the contract.

SB556,27,8 (e) Any matter pending with the county with respect to park and recreational functions is transferred to the district and all materials submitted to or actions taken by the county with respect to park and recreational functions are considered as having been submitted to or taken by the district.

SB556,27,11 (5) (a) 1. The district is governed by a commission. The commission may adopt bylaws to govern the district's activities, subject to this subchapter. The commission shall consist of 9 members who are elected at-large.

SB556,27,13 2. The commissioners shall be elected at the spring election pursuant to an apportionment plan under par. (b).

SB556,27,18 3. The first election of commissioners shall occur in April of the year following the year in which the resolution or ordinance described in sub. (2) (a) takes effect. Temporary members shall be appointed according to the ordinance or resolution under sub. (2) (b) to serve until the initial members are elected at the spring election and qualified to take office.

SB556,27,23 (b) 1. Each apportionment plan shall divide the entire district into apportioned geographic areas for the election of commissioners. The boundaries of the apportioned areas shall remain unchanged unless the commission, by resolution adopted no later than November 1 preceding a spring election, prescribes revised boundaries for the election of commissioners at that election and thereafter.

SB556,28,3 2. Each candidate for commissioner shall state on the face of his or her declaration of candidacy and nomination papers the apportioned area for which the candidate seeks office.

SB556,28,9 (c) Each commissioner shall be a resident of the district and, a resident of the apportioned area for which he or she is elected at the time that the member takes the oath of office. If a commissioner who is elected from an apportioned area ceases to be a resident of that area after the beginning of his or her term of office but continues to be a resident of the district, the member may continue to serve for the remainder of the term for which he or she was elected or appointed.

SB556,28,19 (d) The terms of the commissioners shall be 3 years, beginning on the first Monday in June following their election to office, except that the terms of one-third of the initial persons elected to office shall expire on the first Monday in June that is one year following that year; the terms of one-third of the initial persons elected to office shall expire on the first Monday in June that is 2 years following that year; and the terms of one-third of the persons elected to office shall expire on the first Monday in June that is 3 years following that year. Members of the commission may be removed from office before the expiration of their terms, for cause, as provided under s. 17.13 (3) and may be recalled as provided under s. 9.10. Vacancies in the office of commissioner shall be filled as provided under s. 17.27 (1f).

SB556,28,24 (e) The commission shall elect from its membership a chairperson, a vice chairperson, a secretary, and a treasurer. A majority of the current membership of the commission constitutes a quorum to do business. The district may take action based on the affirmative vote of a majority of those commissions directors who are present at a meeting of the commission board.

SB556,29,4 (f) 1. The commission shall appoint a person to serve as clerk of the district. The clerk shall administer the affairs of the district, under the direction of the commission. Within 7 days after the appointment of any person to fill a vacancy on the commission, the clerk shall notify the person of his or her appointment.

SB556,29,24 2. No later than 5 p.m. on the 2nd Tuesday in January, the clerk shall certify to the county clerk the names of candidates who have filed valid nomination papers for commissioner and who are eligible to have their names appear on the ballot under s. 8.30. If any municipality lying wholly or partially within the district prepares its own ballots under s. 7.15 (2) (c), the clerk shall similarly certify the names of candidates to the municipal clerk. In making these certifications, the clerk shall designate the form of each candidate's name to appear on the ballot in the manner prescribed under s. 7.08 (2) (a). If a primary is held for any seat on a commission, the clerk shall certify to the county clerk the names of candidates who have won nomination to the commission and who are eligible to have their names appear on the ballot under s. 8.30. If any municipality lying wholly or partially within the district prepares its own ballots under s. 7.15 (2) (c), the clerk shall similarly certify the names of candidates to the municipal clerk. The clerk shall notify the municipal clerk of each municipality lying wholly or partially within the district of any district election and furnish each municipal clerk with a copy of the notice of the district election. If paper ballots are utilized at a district election, the clerk shall provide each municipal clerk with an adequate supply of ballots for the election at least 22 days before the election. The clerk shall issue certificates of election to persons who are elected to the commission after each election in the manner provided under s. 7.53 (4).

SB556,30,2 (g) The commissioners shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties, but may not receive a salary.

SB556,30,5 (h) Upon the election under par. (a) and qualification of a majority of the commissioners, the commission may exercise the powers and duties of a commission under this subchapter.

SB556,30,6 (i) At its first meeting, the commission shall name the district.

SB556,30,8 27.162 Jurisdiction. The jurisdiction of a district shall consist of the territory of the county that creates the district.

SB556,30,11 27.163 Powers of district. A district has all of the powers necessary or convenient to carry out the purposes and provisions of ss. 27.16 to 27.165. In addition to all other powers granted by this subchapter, a district may do all of the following:

SB556,30,12 (1) Adopt and alter an official seal.

SB556,30,13 (2) Sue and be sued in its own name, and plead and be impleaded.

SB556,30,14 (3) Maintain an office.

SB556,30,15 (4) In connection with park facilities:

SB556,30,17 (a) Acquire, develop, equip, maintain, improve, operate, and manage the park facilities.

SB556,30,19 (b) Enter into contracts, subject to such standards as may be established by the board of directors.

SB556,30,20 (c) Grant concessions.

SB556,30,21 (d) Operate recreational facilities or programs.

SB556,30,25 (5) Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.0301 as a participant in a benefit plan of the county, any employee benefits, including an employee pension plan.

SB556,31,3 (6) Purchase insurance, establish and administer a plan of self-insurance, or, subject to an agreement with the county under s. 66.0301, participate in a governmental plan of insurance or self-insurance.

SB556,31,6 (7) Set standards governing the use of, and the conduct within, its park facilities and recreational facilities in order to promote public safety and convenience and to maintain order.

SB556,32,2 (8) To carry out its functions, by resolution levy a tax on the taxable property in the district, as equalized by the department of revenue under s. 70.57, except that no increase in the tax levy rate is effective until the resolution is approved by a majority of the electors in the county voting on the resolution at a referendum, to be held 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 of adoption of the resolution. The question submitted shall be whether the property tax levy for the district may be increased by a specified amount. The clerk of the district shall publish the notices required under s. 10.06 (4) (c), (f), and (i) for any referendum held under this subsection. Notwithstanding s. 10.06 (4) (c), the type A notice under s. 10.01 (2) (a) relating to the referendum is valid even if given and published late as long as it is given and published prior to the election as early as practicable. If a board of directors adopts a resolution that increases the property tax levy for the district and the resolution is approved by the electors, the district clerk shall deliver a certified copy of the resolution to the secretary of revenue at least 30 days before its effective date. The tax levy shall be applied to the respective real property and personal property tax rolls of the city, village, and town included in the district and shall not be included within any limitation on county or municipality taxes. Collected taxes levied under this paragraph shall be paid to the district treasurer.

SB556,32,4 (a) Accept gifts and other aid, which may be used only for the following purposes:

SB556,32,5 (b) Maintaining the park facilities.

SB556,32,6 (c) Operating the park facilities.

SB556,32,7 (d) Making capital improvements to the park facilities.

SB556,32,9 (10) Administer the receipt of revenues, and oversee the payment of bills or other debts incurred by the district.

SB556,32,10 (11) Adopt a resolution to impose impact fees under s. 66.0617.

SB556,32,11 (12) Issue debt under ch. 67 only for capital improvements to park facilities.

SB556,32,16 27.164 Powers and duties of, and limitations on, counties. (1) Except as otherwise provided in this section, the county board that created the district may not create a park or expend any funds to support a park or recreational facilities, or impose an impact fee under s. 66.0617 for park facilities, after the imposition of the taxes described under s. 27.163 (8).

SB556,32,18 (2) In addition to any powers that it may otherwise have, a municipality located wholly or partly within a district's jurisdiction may do any of the following:

SB556,32,20 (a) Make loans to a district upon terms that the municipality considers appropriate.

SB556,32,22 (b) Lease or transfer property to a district upon terms that the municipality considers appropriate.

SB556,32,24 27.165 Arbitration; dissolution of district. (1) Dissolution. If a district is dissolved, on the date the dissolution becomes effective:

SB556,33,2 (a) All assets and liabilities of the district become assets and liabilities of the county.

SB556,33,7 (b) All positions of the district, and the incumbent employees occupying those positions, become positions and employees of the county. Employees so transferred have all the rights under subch. I of ch. 63, subch. IV of ch. 111, and s. 59.52 (8) that they enjoyed as employees of the district. No employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB556,33,8 (c) All tangible personal property of the district is transferred to the county.

SB556,33,12 (d) All contracts entered into by the district remain in effect and are transferred to the county. The county shall carry out any obligations under such a contract until the contract is modified or rescinded by the county, to the extent allowed under the contract.

SB556,33,16 (e) Any matter pending with the district is transferred to the county and all materials submitted to or actions taken by the district with respect to park and recreational functions are considered as having been submitted to or taken by the county.

SB556,33,19 (2) Arbitration. In the event that a question arises concerning the application of s. 27.161 (4) or sub. (1) to any situation, the question shall be resolved by the county board of supervisors, subject to any applicable law.

SB556, s. 61 Section 61. 30.277 (1b) (a) of the statutes is amended to read:

SB556,33,23 30.277 (1b) (a) "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, or the Kickapoo reserve management board.

SB556, s. 62 Section 62. 66.0301 (1) (a) of the statutes is amended to read:

SB556,34,12 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, county park district created under s. 27.161, 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.

SB556, s. 63 Section 63. 66.0617 (1) (a) of the statutes is amended to read:

SB556,34,22 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 county park 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.

SB556, s. 64 Section 64. 66.0617 (1) (am) of the statutes is created to read: