SB556: Bill Text

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:

SB556,34,25 66.0617 (1) (am) "Local park and recreation district" has the meaning given for district in s. 229.86 (3).

SB556, s. 65 Section 65. 66.0617 (1) (c) of the statutes is amended to read:

SB556,35,4 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 county park district under this section.

SB556, s. 66 Section 66. 66.0617 (1) (d) of the statutes is amended to read:

SB556,35,10 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 county park district or that results in nonresidential uses that create a need for new, expanded, or improved public facilities within a political subdivision or county park district.

SB556, s. 67 Section 67. 66.0617 (1) (g) of the statutes is amended to read:

SB556,35,13 66.0617 (1) (g) "Service area" means a geographic area delineated by a political subdivision or county park district within which there are public facilities.

SB556, s. 68 Section 68. 66.0617 (1) (h) of the statutes is amended to read:

SB556,35,17 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 county park district.

SB556, s. 69 Section 69. 66.0617 (2) (a) of the statutes is amended to read:

SB556,35,22 66.0617 (2) (a) Subject to par. (am), a political subdivision may enact an ordinance under this section, and a county park 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.

SB556, s. 70 Section 70. 66.0617 (2) (am) of the statutes is renumbered 66.0617 (2) (am) 1.

SB556, s. 71 Section 71. 66.0617 (2) (am) 2. of the statutes is created to read:

SB556,36,2 66.0617 (2) (am) 2. No county park district may impose an impact fee under this section for any purpose other than park facilities, as defined in s. 27.16 (5).

SB556, s. 72 Section 72. 66.0617 (3) of the statutes is amended to read:

SB556,36,10 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 county park 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.

SB556, s. 73 Section 73. 66.0617 (4) (a) (intro.) of the statutes is amended to read:

SB556,36,18 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 county park 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:

SB556, s. 74 Section 74. 66.0617 (4) (b) of the statutes is amended to read:

SB556,36,24 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 commission of the county park district at least 20 days before the hearing under sub. (3).