Analysis by the Legislative Reference Bureau
CREATION AND DISSOLUTION OF A DISTRICT
This bill authorizes any county to separate its county park commission or
county park department from the county and create a county park district (district).
A district is a local unit of government that is a body corporate and politic and that
is separate and distinct from, and independent of, the state, the municipalities
within its jurisdiction, and the county by which it is created.
Before a district may be created, the county board must adopt a resolution that
addresses a number of issues, including a method to provide a loan for initial
operating funds for the district and a method to transfer title of the county's park
facilities to the district. Also before a district may be created, a municipality may
negotiate with a county the termination of any applicable agreement or contract
under which a county exercises municipal park powers within the municipality or
the municipality remain a party to the agreement under which the district will
assume the county's responsibilities.
In connection with park facilities, the powers of a district include: the authority
to acquire, develop, maintain, improve, operate, and manage the park facilities; the
authority to operate recreational facilities or programs; the authority to enter into
contracts; the authority to employ personnel; the authority to impose an impact fee
on developers for park facilities; the authority to issue debt for capital improvements
to park facilities; and the authority to levy a property tax to carry out its functions.
The bill also grants these districts eligibility for various local aid programs that are
administered by the Department of Natural Resources. These programs include the
local park aids program, the urban green space programs, and funding for county
snowmobile trails.
A district is governed by a commission consisting of five to nine members that
is elected at-large at the spring election. The commissioners are elected from

separate geographic areas within the district, the boundaries of which are initially
prescribed by the county board of supervisors in an apportionment plan. Each
commissioner must, at the time of taking office, reside within the apportioned area
for which he or she is elected or appointed to fill a vacancy. The terms of
commissioners are three years, although the initial terms are staggered such that
each one-third of the seats on the board are for terms of approximately one, two, and
three years.
A district may dissolve by action of the county board of supervisors, subject to
payment of the district's debts and fulfillment of its other contractual obligations.
If a district is dissolved, its property must be transferred to the county that created
the district.
Under the bill, a county may make loans or lease or transfer property to a
district. Generally, however, a county may not create a park or expend any funds to
support park or recreational facilities, or impose an impact fee on a developer for
park facilities, after a district levies a property tax.
TAXATION
When a district is created the portion of the county levy attributable to
expenditures for park and recreational purposes is transferred to the district. Any
increase in the levy is subject to approval by the electors of a district at a referendum.
The district must hold the referendum 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 on which the board of park commissioners
adopts a resolution to increase the levy. The district may use the tax revenue only
for park and recreational purposes.
Under the bill, the district may also levy a property tax on the property located
in the district.
Under the bill, a district's income is exempt from the income tax, a district's
property is exempt from the property tax, property transferred to a district is exempt
from the real estate transfer fee, and sales of tangible personal property or services
to the district are exempt from all state and local sales taxes and use taxes.
This bill will be referred to the Joint Survey Committee on tax exemptions for
a detailed analysis, which will be printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB556, s. 1 1Section 1. 5.02 (21) of the statutes, as affected by 2003 Wisconsin Act 24, is
2amended to read:
SB556,4,3
15.02 (21) "Spring election" means the election held on the first Tuesday in April
2to elect judicial, educational and municipal officers, nonpartisan county officers and,
3sewerage commissioners, and members of the county board of park commissioners.
SB556, s. 2 4Section 2. 5.58 (1u) of the statutes is created to read:
SB556,4,105 5.58 (1u) County board of park commissioners. Except as authorized in s.
65.655, there shall be a separate ballot for members of the board of park
7commissioners of any county park district. Arrangement of the names on the ballot
8shall be determined by the county park district clerk in the manner provided under
9s. 5.60 (1) (b). The ballot shall be entitled "Official Primary Ballot for Member of the
10Board of Park Commissioners of the County Park District."
SB556, s. 3 11Section 3. 5.58 (3) of the statutes is amended to read:
SB556,5,412 5.58 (3) Names on spring ballot. Only 2 candidates for state superintendent,
13for any judicial office, or for any elected seat on a metropolitan sewerage commission
14or town sanitary district commission,; in counties having a population of 500,000 or
15more only 2 candidates for member of the board of supervisors within each district,;
16in counties having a population of less than 500,000 only 2 candidates for each
17member of the county board of supervisors from each district or numbered seat or
18only 4 candidates for each 2 members of the county board of supervisors from each
19district whenever 2 supervisors are elected to unnumbered seats from the same
20district,; in 1st class cities only 2 candidates for any at-large seat and only 2
21candidates from any election district to be elected to the board of school directors,;
22in school districts electing school board members to numbered seats, or pursuant to
23an apportionment plan or district representation plan, only 2 school board
24candidates for each numbered seat or within each district, ; in a county park district,
25twice as many candidates as are to be elected members of the board of park

1commissioners from each apportioned area;
and twice as many candidates as are to
2be elected members of other school boards or other elective officers receiving the
3highest number of votes at the primary shall be nominees for the office at the spring
4election. Only their names shall appear on the official spring ballot.
SB556, s. 4 5Section 4. 5.60 (6u) of the statutes is created to read:
SB556,5,126 5.60 (6u) Board of park commissioners of county park district. Except as
7authorized in s. 5.655, a separate ballot shall list the names of all candidates for
8member of the board of park commissioners of any county park district.
9Arrangement of the names on the ballot shall be determined by the county park
10district clerk in the manner provided under sub. (1) (b). The ballot shall be entitled
11"Official Ballot for Member of the Board of Park Commissioners of the County Park
12District."
SB556, s. 5 13Section 5. 5.68 (2) of the statutes is amended to read:
SB556,5,2514 5.68 (2) Except as otherwise expressly provided, all costs for ballots, supplies,
15notices, and any other materials necessary in preparing or conducting any election
16shall be paid for by the county or municipality whose clerk or board of election
17commissioners is responsible for providing them. If a ballot is prepared for a school,
18technical college, sewerage or, sanitary , or county park district, the district shall pay
19for the cost of the ballot. If no other level of government is involved in a school,
20technical college, sewerage or, sanitary , or county park district election, the district
21shall pay for all costs of the ballots, supplies, notices, and other materials. If ballots,
22supplies, notices, or other materials are used for elections within more than one unit
23of local government, the costs shall be proportionately divided between the units of
24local government involved in the election. In a 1st class city, all costs otherwise
25attributable to a school district shall be paid by the city.
SB556, s. 6
1Section 6. 5.68 (3) of the statutes is amended to read:
SB556,6,92 5.68 (3) If voting machines are used or if an electronic voting system is used
3in which all candidates and referenda appear on the same ballot, the ballots for all
4national, state and county offices and for county and state referenda shall be
5prepared and paid for by the county wherein they are used. If the voting machine
6or electronic voting system ballot includes a municipal or a school, technical college,
7sewerage, county park, or sanitary district ballot, the cost of that portion of the ballot
8shall be reimbursed to the county or paid for by the municipality or district, except
9as provided in a 1st class city school district under sub. (2).
SB556, s. 7 10Section 7. 7.51 (3) (b) of the statutes is amended to read:
SB556,6,1611 7.51 (3) (b) For ballots which relate only to municipal or, school district, or
12county park district
offices or referenda, the inspectors, in lieu of par. (a), after
13counting the ballots shall return them to the proper ballot boxes, lock the boxes, paste
14paper over the slots, sign their names to the paper, and deliver them and the keys
15therefor to the municipal or, school district, or county park district clerk. The clerk
16shall retain the ballots until destruction is authorized under s. 7.23.
SB556, s. 8 17Section 8. 7.51 (3) (d) of the statutes is amended to read:
SB556,6,2318 7.51 (3) (d) All absentee certificate envelopes which have been opened shall be
19returned by the inspectors to the municipal clerk in a securely sealed carrier
20envelope which is clearly marked "used absentee certificate envelopes". The
21envelopes shall be signed by the chief inspector and 2 other inspectors. Except when
22the ballots are used in a municipal or, school district, or county park district election
23only, the municipal clerk shall transmit the used envelopes to the county clerk.
SB556, s. 9 24Section 9. 7.51 (4) (b) of the statutes is amended to read:
SB556,7,5
17.51 (4) (b) The chief inspector, or one of the inspectors appointed by him or her,
2immediately after the votes are tabulated or counted at each election, shall report
3the returns of the election to the municipal clerk or , to the school district clerk for
4school district elections, except in 1st class cities, or to the county park district clerk
5for county park district elections
. The clerk shall then make the returns public.
SB556, s. 10 6Section 10. 7.51 (5) (a) of the statutes, as affected by 2003 Wisconsin Act ....
7(Assembly Bill 600), is amended to read:
SB556,7,248 7.51 (5) (a) The inspectors shall make full and accurate return of the votes cast
9for each candidate and proposition on tally sheet forms provided by the municipal
10clerk for that purpose. Each tally sheet shall record the returns for each office or
11referendum by ward, unless combined returns are authorized in accordance with s.
125.15 (6) (b) in which case the tally sheet shall record the returns for each group of
13combined wards. After recording the votes, the inspectors shall seal in a carrier
14envelope outside the ballot bag or container one inspectors' statement under sub. (4)
15(a), one tally sheet, and one poll list for delivery to the county clerk, unless the
16election relates only to municipal or, school district, or county park district offices or
17referenda. The inspectors shall also similarly seal one inspectors' statement, one
18tally sheet, and one poll list for delivery to the municipal clerk. For school district
19elections, except in 1st class cities, the inspectors shall similarly seal one inspectors'
20statement, one tally sheet, and one poll list for delivery to the school district clerk.
21For county park district elections, the inspectors shall similarly seal one inspectors'
22statement, one tally sheet, and one poll list for delivery to the county park district
23clerk.
The inspectors shall immediately deliver all ballots, statements, tally sheets,
24lists, and envelopes to the municipal clerk.
SB556, s. 11 25Section 11. 7.51 (5) (b) of the statutes is amended to read:
SB556,8,9
17.51 (5) (b) The municipal clerk shall arrange for delivery of all ballots,
2statements, tally sheets, lists, and envelopes relating to a school district or county
3park district
election to the school district or county park district clerk, respectively.
4The municipal clerk shall deliver the ballots, statements, tally sheets, lists, and
5envelopes for his or her municipality relating to any county, technical college district,
6state, or national election to the county clerk by 2 p.m. on the day following each such
7election. The person delivering the returns shall be paid out of the municipal
8treasury. Each clerk shall retain ballots, statements, tally sheets, or envelopes
9received by the clerk until destruction is authorized under s. 7.23 (1).
SB556, s. 12 10Section 12. 7.53 (3m) of the statutes is created to read:
SB556,8,2511 7.53 (3m) County park district elections. The county park district clerk shall
12appoint 2 qualified electors of the district prior to the date of the election being
13canvassed, who shall, with the clerk, constitute the county park district board of
14canvassers. The clerk shall appoint a member to fill any temporary vacancy on the
15board of canvassers. The canvass shall begin as soon as possible after receipt of the
16returns and shall continue, without adjournment, until completed. The board of
17canvassers may return defective returns to the municipal board of canvassers in the
18manner provided in s. 7.60 (3). The board of canvassers shall prepare a written
19statement showing the numbers of votes cast for each person for each office and shall
20prepare a determination showing the names of the persons who are elected to the
21board of park commissioners. Following each primary election, the board of
22canvassers shall prepare a statement certifying the names of the persons who have
23won nomination to the board of park commissioners. Each statement and
24determination shall be attested by each of the canvassers. The board of canvassers
25shall file each statement and determination in the county park district office.
SB556, s. 13
1Section 13. 8.10 (6) (e) of the statutes is created to read:
SB556,9,32 8.10 (6) (e) For members of the board of park commissioners of a county park
3district, with the county park district clerk.
SB556, s. 14 4Section 14. 8.11 (2f) of the statutes is created to read:
SB556,9,85 8.11 (2f) Board of park commissioners of county park district. A primary
6shall be held in a county park district whenever there are more than twice the
7number of candidates to be elected members of the board of park commissioners from
8any apportioned area.
SB556, s. 15 9Section 15. 9.10 (1) (a) of the statutes is amended to read:
SB556,9,1510 9.10 (1) (a) The qualified electors of the state,; of any county, city, village, or
11town,; of any congressional, legislative, judicial, or school district,; of any county park
12district;
or of any prosecutorial unit may petition for the recall of any incumbent
13elective official by filing a petition with the same official or agency with whom
14nomination papers or declarations of candidacy for the office are filed demanding the
15recall of the officeholder.
SB556, s. 16 16Section 16. 9.10 (1) (b) of the statutes is amended to read:
SB556,9,2417 9.10 (1) (b) Except as provided in par. (c), a petition for recall of a state,
18congressional, legislative, judicial, or county officer shall be signed by electors equal
19to at least 25% of the vote cast for the office of governor at the last election within the
20same district or territory as that of the officeholder being recalled. Except as
21provided in par. (c), a petition for the recall of a city, village, town, county park
22district,
or school district officer shall be signed by electors equal to at least 25% of
23the vote cast for the office of president at the last election within the same district
24or territory as that of the officeholder being recalled.
SB556, s. 17 25Section 17. 9.10 (2) (d) of the statutes is amended to read:
SB556,10,16
19.10 (2) (d) No petition may be offered for filing for the recall of an officer unless
2the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
3filing officer with whom the petition is filed. The petitioner shall append to the
4registration a statement indicating his or her intent to circulate a recall petition, the
5name of the officer for whom recall is sought and, in the case of a petition for the recall
6of a city, village, town, county park district, or school district officer, a statement of
7a reason for the recall which is related to the official responsibilities of the official for
8whom removal is sought. No petitioner may circulate a petition for the recall of an
9officer prior to completing registration. The last date that on which a petition for the
10recall of a state, congressional, legislative, judicial, or county officer may be offered
11for filing is 5 p.m. on the 60th day commencing after registration. The last date that
12on which a petition for the recall of a city, village, town, county park district, or school
13district officer may be offered for filing is 5 p.m. on the 30th day commencing after
14registration. After the recall petition has been offered for filing, no name may be
15added or removed. No signature may be counted unless the date of the signature is
16within the period provided in this paragraph.
SB556, s. 18 17Section 18. 9.10 (3) (a) of the statutes is amended to read:
SB556,10,2118 9.10 (3) (a) This subsection applies to the recall of all elective officials other
19than city, village, town, county park district, and school district officials. City,
20village, town, county park district, and school district officials are recalled under sub.
21(4).
SB556, s. 19 22Section 19. 9.10 (4) (a) of the statutes is amended to read:
SB556,12,623 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town,
24county park district,
or school district official, is offered for filing, the officer against
25whom the petition is filed may file a written challenge with the municipal clerk or

1board of election commissioners or school district clerk
official or agency with whom
2it the petition is filed, specifying any alleged insufficiency. If a challenge is filed, the
3petitioner may file a written rebuttal to the challenge with the clerk or board of
4election commissioners
official or agency within 5 days after the challenge is filed.
5If a rebuttal is filed, the officer against whom the petition is filed may file a reply to
6any new matter raised in the rebuttal within 2 days after the rebuttal is filed. Within
714 days after the expiration of the time allowed for filing a reply to a rebuttal, the
8clerk or board of election commissioners official or agency shall file the certificate or
9an amended certificate. Within 31 days after the petition is offered for filing, the
10clerk or board of election commissioners official or agency shall determine by careful
11examination of the face of the petition whether the petition is sufficient and shall so
12state in a certificate issued by the official or agency and attached to the petition. If
13the petition is found to be insufficient, the certificate shall state the particulars
14creating the insufficiency. The petition may be amended to correct any insufficiency
15within 5 days following the affixing of the original certificate. Within 2 days after
16the offering of the amended petition for filing, the clerk or board of election
17commissioners
official or agency shall again carefully examine the face of the petition
18to determine sufficiency and shall attach to the petition a certificate stating the
19findings. Immediately upon finding an original or amended petition sufficient,
20except in cities over 500,000 population, the municipal clerk or school district clerk
21and except with regard to a member of the board of park commissioners of a county
22park district, the official
shall transmit the petition to the governing body or to the
23school board. Immediately Except with regard to a member of the board of park
24commissioners of a county park district, immediately
upon finding an original or
25amended petition sufficient, in cities over 500,000 population, the board of election

1commissioners shall file the petition in its office. Immediately upon finding an
2original or amended petition sufficient, with regard to a member of the board of park
3commissioners of a county park district, the county park district clerk shall file the
4petition in his or her office and shall transmit a copy of the petition to the governing
5body of each city, village, and town that has territory within the jurisdiction of the
6county park district.
SB556, s. 20 7Section 20. 9.10 (4) (d) of the statutes is amended to read:
SB556,12,138 9.10 (4) (d) Promptly upon receipt of a certificate or copy of the certificate issued
9under par. (a), the governing body, school board, or board of election commissioners
10shall call a recall election. The recall election shall be held on the Tuesday of the 6th
11week commencing after the date on which the certificate is filed, except that if
12Tuesday is a legal holiday the recall election shall be held on the first day after
13Tuesday which is not a legal holiday.
SB556, s. 21 14Section 21. 9.10 (7) of the statutes is amended to read:
SB556,12,1715 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of
16article XIII, section 12, of the constitution and to extend the same rights to electors
17of cities, villages, towns, county park districts, and school districts.
SB556, s. 22 18Section 22. 10.05 of the statutes is amended to read:
SB556,13,6 1910.05 Posting of notice. Unless specifically designated elsewhere, this
20section applies to villages, towns and, school districts, and county park districts.
21Whenever a notice is required to be published, a village, town or, school district, or
22county park districts
may post 3 notices in lieu of publication under ch. 985 whenever
23there is not a newspaper published within the village, town or, school district, or
24county park districts
or whenever the governing body of the village, town or, school
25district, or county park districts chooses to post in order to supplement notice

1provided in a newspaper. Whenever the manner of giving notice is changed by the
2governing body, the body shall give notice of the change in the manner used before
3the change. Whenever posting is used, the notices shall be posted no later than the
4day prescribed by law for publication, or, if that day falls within the week preceding
5the election to be noticed, at least one week before the election. All notices given for
6the same election shall be given in the same manner.
SB556, s. 23 7Section 23. 10.07 (1) of the statutes is amended to read:
SB556,13,158 10.07 (1) Except as provided in sub. (2) in the case of voting machine ballots,
9whenever any county clerk or, any county park district clerk and one or more
10municipal or school district clerks within the same county are directed to publish any
11notice or portion of a notice under this chapter on the same date in the same
12newspaper, the text of which is identical, the clerks may publish one notice only. The
13cost of publication of such notice or the portion of the notice required shall be
14apportioned equally between the county and each municipality or, school district, or
15county park district
sharing in its publication.
SB556, s. 24 16Section 24. 11.02 (8) of the statutes is created to read:
SB556,13,1817 11.02 (8) If the jurisdiction under sub. (3) is a county park district, the
18appropriate clerk is the county park district clerk.
SB556, s. 25 19Section 25. 11.31 (1) (h) (intro.) of the statutes is amended to read:
SB556,13,2520 11.31 (1) (h) (intro.) Candidates for any local office , who are elected from a
21jurisdiction or district with less than 500,000 inhabitants according to the latest
22federal census or census information on which the district is based, as certified by
23the appropriate filing officer, and candidates for member of the board of park
24commissioners of a county park district,
an amount equal to the greater of the
25following:
SB556, s. 26
1Section 26. 17.01 (11m) of the statutes is created to read:
SB556,14,62 17.01 (11m) By a member of the board of park commissioners of a county park
3district, to the board of park commissioners. The board of park commissioners shall
4immediately give a copy of each resignation under this subsection to the elections
5board and to the chief executive officer of each municipality that has territory within
6the jurisdiction of the district.
SB556, s. 27 7Section 27. 17.13 (intro.) of the statutes is amended to read:
SB556,14,12 817.13 Removal of village, town, town sanitary district, school district,
9technical college and family care district
, and county park district officers.
10(intro.) Officers of towns, town sanitary districts, villages, school districts, technical
11college districts and, family care districts, and county park districts may be removed
12as follows:
SB556, s. 28 13Section 28. 17.13 (3) of the statutes is amended to read:
SB556,14,1814 17.13 (3) All officers. Any village, town, town sanitary district, school district
15or, technical college district, or county park district officer, elective or appointive,
16including those embraced within subs. (1) and (2), by the a judge of the circuit court
17of the a circuit wherein the village, town, town sanitary district, school district or,
18technical college district, or county park district is situated, for cause.
SB556, s. 29 19Section 29. 17.27 (1f) of the statutes is created to read:
SB556,15,420 17.27 (1f) Board of park commissioners of county park district. Except as
21provided in s. 9.10, a vacancy in the office of any member of the board of park
22commissioners of a county park district may be filled for the residue of the unexpired
23term by temporary appointment of the remaining members of the board of park
24commissioners. If the vacancy occurs in any year after the first Tuesday in April and
25on or before December 1, the vacancy shall be filled for the residue of the unexpired

1term, if any, at on the date of the next spring election. If the vacancy occurs in any
2year after December 1 or on or before the first Tuesday in April, the vacancy shall be
3filled for the residue of the unexpired term, if any, at the 2nd succeeding spring
4election.
SB556, s. 30 5Section 30. 20.370 (5) (cr) of the statutes is amended to read:
SB556,15,106 20.370 (5) (cr) Recreation aids — county snowmobile trail and area aids. As
7a continuing appropriation, the amounts in the schedule from the snowmobile
8account in the conservation fund to provide state aid to counties and county park
9districts
for snowmobile trails and areas consistent with the requirements of ss.
1023.09 (26) and 350.12 (4) (b).
SB556, s. 31 11Section 31. 20.370 (5) (ct) of the statutes is amended to read:
SB556,15,1512 20.370 (5) (ct) Recreation aids — all-terrain vehicle project aids; gas tax
13payment.
As a continuing appropriation, an amount equal to the estimated
14all-terrain vehicle gas tax payment to provide aid to towns, villages, cities, counties,
15county park districts,
and federal agencies for nonstate all-terrain vehicle projects.
SB556, s. 32 16Section 32. 20.370 (5) (cu) of the statutes is amended to read:
SB556,15,2117 20.370 (5) (cu) Recreation aids — all-terrain vehicle project aids. As a
18continuing appropriation, the amounts in the schedule from moneys received from
19all-terrain vehicle fees under s. 23.33 (2) (c) to (e) to provide aid to towns, villages,
20cities, counties, county park districts, and federal agencies for nonstate all-terrain
21vehicle projects.
SB556, s. 33 22Section 33. 20.370 (5) (cv) of the statutes is amended to read:
SB556,16,423 20.370 (5) (cv) Recreation aids — motorcycle recreation aids; trails. The
24amounts in the schedule to provide aid to towns, villages, cities and, counties and
25county park districts
for the acquisition, development, operation and maintenance

1of off-the-road Type 1 motorcycle trails and facilities under s. 23.09 (25) (a) and to
2the department for the development and maintenance of existing off-the-road Type
31 motorcycle trails at the Black River state forest and the Bong State Recreation Area
4under s. 23.09 (25) (a).
SB556, s. 34 5Section 34. 23.09 (19) (a) 2. of the statutes is amended to read:
SB556,16,96 23.09 (19) (a) 2. "Governmental unit" means a city, a village, a town, a county
7for which a county park district has not been created, a county park district, a lake
8sanitary district, as defined in s. 30.50 (4q), a public inland lake protection and
9rehabilitation district, or the Kickapoo reserve management board.
SB556, s. 35 10Section 35. 23.09 (20) (ab) 2. of the statutes is amended to read:
SB556,16,1211 23.09 (20) (ab) 2. "Municipality" means a city, a village, a town or a county for
12which a county park district has not been created, or a county park district
.
SB556, s. 36 13Section 36. 23.09 (20m) (a) 1. of the statutes is amended to read:
SB556,16,1614 23.09 (20m) (a) 1. "Governmental unit" means a city, a village, a town, a county
15for which a park district has not been created, a county park district, or the Kickapoo
16reserve management board.
SB556, s. 37 17Section 37. 23.09 (26) (ag) of the statutes is created to read:
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