AB784: Bill Text

AB784,32,9 (a) Adopt an enabling resolution, subject to sub. (2), that does all of the following:

AB784,32,10 1. Declares the need for establishing the district.

AB784,32,11 2. Contains findings of public purpose.

AB784,32,12 3. Contains a description of the boundaries of the proposed district.

AB784,32,15 4. If the sponsoring political subdivision is a municipality, declares an intention to negotiate with a county the termination of any agreement entered into under s. 27.075 (1), (2), or (4).

AB784,32,19 5. Except in counties having a population of 500,000 or more, the number of commissioners, which shall be at least 3 but not more than 9, and the number of those commissioners who will be elected at large and the number of those commissioners who will be elected from election districts.

AB784,32,25 6. If the sponsoring political subdivision is a county, declare an intention to negotiate with each municipality that is subject to an agreement or contract with the county under s. 27.075 (1), (2), or (4) the termination of any such agreements or contracts, or negotiate an agreement under which each such municipality 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.

AB784,33,3 7. If the sponsoring political subdivision is a county, declare an intention to separate its local park commission or local park department from the county as part of the process of creating a district.

AB784,33,5 (b) File copies of the enabling resolution with the clerk of each municipality and county that is wholly or partly within the boundaries of the proposed district.

AB784,33,10 (2) Subject to sub. (5), a district shall consist of one or more political subdivisions. Each sponsoring political subdivision shall be identified in a substantially similar enabling resolution that is adopted by the governing body of each sponsoring political subdivision within a 90-day period beginning with the date of adoption of the first enabling resolution.

AB784,33,15 (3) The creation of a district may also be provided for, subject to subs. (4) and (5), by referendum if a petition requesting the creation of a district is filed in accordance with this subsection and the question is approved by a majority of the electors of each of the political subdivisions where park facilities are to be included in the proposed district. The petition shall conform to the following requirements:

AB784,33,18 (a) The petition shall be in the form specified in s. 8.40, shall specify each political subdivision whose park facilities are to be included in the proposed district, and shall contain a description and scale map of the proposed district.

AB784,33,22 (b) Except in counties having a population of 500,000 or more, the petition shall specify the number of commissioners, and the number of those commissioners who will be elected at large and the number of those commissioners who will be elected from election districts.

AB784,33,24 (c) The petition may be circulated on or after January 1 of any year and may be filed not later than 5 p.m. on the 3rd Tuesday in February.

AB784,34,3 (d) The petition shall be signed by at least 100 qualified electors residing in each political subdivision whose park facilities are to be included in the proposed district.

AB784,34,5 (e) The petition shall be filed with the clerk of each political subdivision whose park facilities are to be included in the proposed district.

AB784,34,18 (4) If all of the steps in sub. (3) occur, each political subdivision in which a petition containing the requisite number of signatures are submitted to the clerk shall hold a referendum at the next succeeding spring election. The referendum question shall be substantially as follows: "Shall a local park district, the territory of which includes in whole the .... [name of municipality or county], be created?" Subject to sub. (5), if the question submitted at the referendum is approved by a majority of the electors who vote in the referendum in at least one political subdivision, 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 and each political subdivision, and that has the powers under s. 27.163 is created, the boundaries of which include each political subdivision in which the question is approved. If a referendum question is not approved in at least one political subdivision, no district may be created.

AB784,34,20 (5) (a) A district is created on January 1 following the date on which all of the following occur:

AB784,34,23 1. An enabling resolution is adopted in one or more political subdivisions under sub. (1), or a referendum question is approved in one or more political subdivisions under sub. (4).

AB784,34,24 2. The initial commissioners are elected under sub. (7) (a) 4. and assume office.

AB784,35,7 (b) Before a district is created, the governing bodies of each political subdivision that has adopted a resolution under sub. (1) or in which a referendum question has been approved under sub. (4) shall adopt a resolution or enact an ordinance, which shall become effective not later than September 1 following the date on which the resolution under sub. (1) or the referendum question is approved, that contains an agreement among each of the governing bodies which addresses at least all of the following provisions:

AB784,35,10 1. A method to transfer title of the county or municipal facilities within their individual jurisdictions to the district and a description of any restrictions or encumbrances that run with the land or facilities that are transferred.

AB784,35,14 2. A method to select an arbitrator who will decide any issues relating to the creation or dissolution of a district, under s. 27.165 (2) that the sponsoring political subdivisions, or governing bodies of political subdivisions that join a district, question or are unable to resolve.

AB784,35,15 (6) If a district is created, on the date that the creation becomes effective:

AB784,35,18 (a) All assets and liabilities of the political subdivision with respect to park and recreational functions become assets and liabilities of the district, except that all of the following remain the responsibility of the political subdivision:

AB784,35,20 1. Debt related to capital expenditures for park facilities that was incurred by a political subdivision before the district's creation.

AB784,35,24 2. Any liabilities of the political subdivision with respect to employees of the political subdivision who terminated employment before the district's creation and who performed services for the political subdivision related to park and recreational functions.

AB784,36,7 (b) All employees of the political subdivision having functions related to parks and recreation become employees of the district. Employees so transferred have all the rights under s. 59.52 (8) or 66.0509 or subch. I of ch. 63, that they enjoyed as employees of the political subdivision. The district shall honor the terms of the employees' collective bargaining agreements to the extent allowed by law. No employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB784,36,9 (c) All tangible personal property of the political subdivision with respect to park and recreational functions is transferred to the district.

AB784,36,13 (d) All contracts entered into by the political subdivision 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.

AB784,36,16 (e) Notwithstanding s. 111.70 (2), (3), and (6), the district shall recognize the representative of the labor organization that covers the transferred employees of the collective bargaining unit.

AB784,36,20 (f) Any matter pending with the political subdivision with respect to park and recreational functions is transferred to the district and all materials submitted to or actions taken by the political subdivision with respect to park and recreational functions are considered as having been submitted to or taken by the district.

AB784,36,22 (7) (a) 1. The district is governed by a commission. The commission may adopt bylaws to govern the district's activities, subject to ss. 27.16 to 27.165.

AB784,37,2 2. In counties having a population of 500,000 or more, the commission shall consist of 9 members who shall be elected from election districts within the district. In districts located wholly or partly within other counties, the commission shall consist of not more than 9 members and not fewer than 5 members.

AB784,37,7 3. The commissioners shall be regularly elected at the spring election. If commissioners are elected at large, they shall be elected from numbered seats which shall be designated by the commission. If the commissioners are elected from election districts, they shall be elected pursuant to a districting plan adopted under par. (b).

AB784,37,15 4. The initial election of commissioners shall occur at the spring election that is held in the year following the year in which the resolutions or ordinances described in sub. (5) (a) and (b) take effect, except that if the resolutions or ordinances take effect before June 1 in an even-numbered year, the initial election of commissioners shall occur at a special election which shall be held concurrently with the general election. The clerk or board of election commissioners of the most populous political subdivision whose park facilities are included in the district shall serve as the clerk of the district until an initial clerk is appointed under par. (h) and qualifies.

AB784,38,5 (b) 1. Each districting plan shall divide the entire district into election districts for the election of commissioners. The districting plan shall assign consecutive whole numbers to the election districts. Each election district shall consist of contiguous whole wards or municipalities and shall be equal in population insofar as practicable. The districting plan for the election of initial commissioners in a newly created district shall be prescribed by the government accountability board. Thereafter, the commissioner shall adopt the districting plan. The plan shall be adopted by a majority vote of the members elected or appointed to the commission. Except as otherwise provided in sub. (7m) or (10), the plan shall be effective until the commission adopts a revised plan following the next federal decennial census. Upon implementation of the plan, each commissioner who is elected to represent an election district shall be elected by plurality vote of the electors of the election district from which he or she seeks office. In a primary election for the office of any commissioner to be elected from an election district, only the electors of the election district may vote in the election.

AB784,38,9 2. Each candidate for commissioner shall state on the face of his or her declaration of candidacy and nomination papers whether the candidate seeks election at large or from an election district, and if from an election district, the number of the district from which the candidate seeks office.

AB784,38,16 (c) Each commissioner shall be a resident of the district and, if elected from an election district, a resident of the election district from 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 election district ceases to be a resident of that election district 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.

AB784,38,18 (d) No person who serves in any other state, local, or national office, as defined in s. 5.02, is eligible to serve in the office of commissioners.

AB784,39,6 (e) 1. Except as provided in this paragraph, the terms of the commissioners shall be 3 years, beginning on the first Monday in June following their election to office. The clerk of the most populous political subdivision whose park facilities are included in the district shall designate the terms of one-third of the initial persons elected to office for expiration on the first Monday in June of the year following that year; the terms of one-third of the initial persons elected to office for expiration on the first Monday in June of the 2nd year following that year; and the terms of one-third of the persons elected to office for expiration on the first Monday in June of the 3rd year following that year. If the number of commissioners is not divisible by 3, the clerk of the most populous political subdivision whose park facilities are included in the district shall designate the number of commissioners, as nearly equal to one-third as possible, whose initial terms shall expire in the following year, the 2nd following year, and the 3rd following year.

AB784,39,21 2. If the commissioners are initially elected at the general election, the terms of office of the initial persons elected to office shall begin on the first Monday in January following their election to office. If the commissioners are initially elected at the general election in any year, the clerk of the most populous political subdivision whose park facilities are included in the district shall designate the terms of one-third of the initial persons elected to office for expiration on the first Monday in June of the 2nd year following that year; the terms of one-third of the initial persons elected to office for expiration on the first Monday in June of the 3rd following year; and the terms of office of one-third of the initial persons elected to office for expiration on the first Monday in June of the 4th following year. If the number of commissioners is not divisible by 3, the clerk of the most populous political subdivision whose park facilities are included in the district shall designate the number of commissioners, as nearly equal to one-third as possible, whose initial terms shall expire in the 2nd following year, the 3rd following year, and the 4th following year.

AB784,39,24 (f) Commissioners may be removed from office before the expiration of their terms, for cause, as provided in s. 17.13 (3) and may be recalled as provided in s. 9.10. Vacancies in the office of commissioner shall be filled as provided in s. 17.27 (1f).

AB784,40,5 (g) 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.

AB784,40,9 (h) 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.

AB784,41,6 2. No later than 5 p.m. on the 2nd Tuesday in January, or for an election under par. (e) 2., no later than 5 p.m. on the 3rd Tuesday of July, the clerk shall certify to the county clerk or board of election commissioners 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 or board of election commissioners 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 or board of election commissioners. The clerk shall notify the municipal clerk or board of elections commissioners 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).

AB784,41,8 (i) The commissioners shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties, but may not receive a salary.

AB784,41,11 (j) 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.

AB784,41,12 (k) At its first meeting, the commission shall name the district.

AB784,41,24 (7m) Within 60 days after the municipal governing body of each municipality that is wholly or partly contained within the district enacts an ordinance or adopts a resolution under s. 5.15 dividing the municipality into wards, if the municipality is required to do so, or otherwise within 60 days after the necessary population data becomes available from the federal government or is published by an agency of this state, the commission shall, by vote of a majority of the members of the commission, adopt a revised plan for the election districts within the district. Each election district under the plan shall consist of contiguous whole wards or municipalities and shall be equal in population insofar as practicable. Except as otherwise required under sub. (10), the plan shall be effective until the commission adopts a revised plan under this subsection following the next federal decennial census unless a court of competent jurisdiction orders the commission to revise the plan at an earlier date.

AB784,42,7 (8) (a) If a city or village whose territory is in one district annexes territory that contains park facilities that are located in a different district, that district shall transfer ownership of the park facilities that are located in the annexed territory to the district whose territory includes the annexing city or village. The district which receives the annexed territory shall negotiate a settlement agreement with the park district from which the territory was annexed to compensate that park district for the park facilities that are transferred, based on at least all of the following factors:

AB784,42,8 1. The current value of park facilities that are transferred.

AB784,42,10 2. The amount of money or any other contribution made by the park district for the park facilities that are transferred.

AB784,42,15 (b) If the park districts are unable to negotiate a settlement under par. (a) within 60 days after the effective date of the annexation that results in the transfer of territory, the districts shall agree on the selection of an arbitrator who shall decide the settlement amount, and send written notification of his or her decision to all parties, within 30 days after his or her appointment.

AB784,42,18 (c) A transfer of ownership under this subsection takes effect on the date on which a settlement is reached or the date on which an arbitrator sends written notification of his or her decision.

AB784,42,25 (d) If a city or village is located in more than one county, the city or village may become part of any district for which it is otherwise eligible to be a part of. If a district contains a county, a municipality that is located within that county may become part of that district or it may become part of any other district for which it is otherwise eligible to be a part of. All of the city's or village's territory shall be considered to be within the jurisdiction of the park district in which the city or village chooses to participate.

AB784,43,6 (9) (a) A political subdivision whose park facilities are included in a district may withdraw from the district as provided in this subsection if the governing body of the political subdivision no later than the 3rd Tuesday in February preceding a spring election, adopts a resolution declaring its intention to withdraw from the district and the withdrawal is approved by the electors of the political subdivision at a referendum held concurrently with the spring election.

AB784,43,13 (b) If the electors of a political subdivision whose park facilities are included within a district file a petition with the clerk of the district, not later than the 3rd Tuesday in February of any year, requesting a referendum on the question of withdrawal of the political subdivision from the district, the commission shall call a referendum in the political subdivision for the purpose of submitting the question of withdrawal to the electors of the political subdivision for approval or rejection. The referendum shall be held concurrently with the spring election.

AB784,43,16 (c) The question submitted to the electors shall be "Shall the .... (name of political subdivision) withdraw from the .... (name of district)?". If the electors approve the question, the political subdivision shall withdraw from the district.

AB784,43,22 (d) Each petition filed under this subsection shall be in the form specified in s. 8.40, shall name the political subdivision whose park facilities are proposed to be withdrawn from the district, and shall name the district from which the facilities are to be withdrawn. The petition may be circulated on or after January 1 of any year and may be filed no later than 5 p.m. on the 3rd Tuesday in February. The petition shall contain the signatures of at least 100 electors of the political subdivision.

AB784,44,2 (e) If a political subdivision withdraws from a district under this subsection, title to the park facilities that are located in the political subdivision shall be transferred from the district to the political subdivision or from which the facilities were transferred.

AB784,44,10 (f) If a political subdivision withdraws from a district under this subsection and the territory remaining in the district after the withdrawal does not consist of at least one political subdivision, the district shall dissolve under s. 27.165. If at least one political subdivision remains a part of the district after a political subdivision withdraws, the political subdivision that withdraws and the commission shall negotiate a settlement agreement to compensate that park district for the park facilities that are located in the political subdivision, based on at least all of the following factors:

AB784,44,11 1. The current value of park facilities that are transferred.

AB784,44,13 2. The amount of money or any other contribution made by the district for the park facilities that are transferred.

AB784,44,15 3. The amount of money or any other contribution made by the political subdivision municipality for the park facilities that are transferred.

AB784,44,22 (g) If the political subdivision and the district are unable to negotiate a settlement under par. (f) within 60 days after the resolution is approved in the referendum under par. (a) or within 60 days after the referendum described under par. (b) is approved, the political subdivision and the district shall agree on the selection of an arbitrator who shall decide the settlement amount, and send written notification of his or her decision to all parties, within 30 days after his or her appointment.

AB784,44,25 (h) A withdrawal under this subsection takes effect on January 1 following the date on which a settlement is reached or the date on which an arbitrator sends written notification of his or her decision.

AB784,45,9 (10) (a) Whenever a political subdivision is attached to a district, a political subdivision withdraws from a district, or a former municipality becomes a part of a district by municipal consolidation, the terms of the members of the commission or political subdivision commissions of the affected district or districts shall expire on the first Monday in June of the year following the year in which the attachment, withdrawal, or municipal consolidation becomes effective. At the spring election immediately preceding the expiration of the terms of the commissioners, all members of the commission serving the revised district shall be elected in the same manner as members of initial commissions are elected under sub. (7) (b).

AB784,45,18 (b) Whenever territory is annexed to or detached from a political subdivision that is a part of a district on the effective date of the annexation or detachment, the commission shall, at its next meeting following the effective date of the annexation or detachment, attach or detach the annexed or detached territory to an election district that is contiguous to the annexed or detached territory in such manner as to maintain, in so far as practicable, election districts of substantially equal population. In conjunction with any action under this paragraph, the commission may adjust the boundaries of the remaining election districts within the district if required to maintain election districts of substantially equal population.

AB784, s. 77 Section 77. 27.162 of the statutes is created to read:

AB784,45,25 27.162 Local park districts; jurisdiction and expansion. (1) The initial jurisdiction of a district shall consist of the territory of all of the sponsoring political subdivisions that have acted under s. 27.161 (1) and (2) and all of the participating political subdivisions that have acted under s. 27.161 (3) in the same year, or within 90 days after the adoption of the first enabling legislation that is described in s. 27.161 (1).

AB784,46,7 (2) (a) With the approval of the commission, the jurisdiction of the district may be expanded to include any other political subdivision under procedures adopted by the commission and consistent with an agreement entered into between the commission and the political subdivision. Under the terms of the agreement, the assets of the political subdivision to be included in the expanded jurisdiction shall be treated in a substantially similar manner as the assets of all other political subdivisions in the district.

AB784,46,12 (b) The procedures for any expansion approved under par. (a) shall permit the governing body of a political subdivision to request inclusion of its park facilities in the district on its own resolution, and shall also permit the electors of a political subdivision to request inclusion in the district through a petition and referendum process.

AB784,46,18 (c) Each petition filed under this subsection shall be in the form specified in s. 8.40, shall name the political subdivision whose park facilities are proposed to be attached to the district, and shall name the district to which the facilities are to be attached. The petition may be circulated on or after January 1 of any year and may be filed no later than 5 p.m. on the 3rd Tuesday in February. The petition shall contain the signatures of at least 100 electors of the political subdivision.

AB784,46,22 (3) Eligible electors of a political subdivision included in the expanded jurisdiction of a district may vote for members of the board of directors at the first election occurring after the effective date of the expansion at which members of the board of directors are elected.

AB784,47,6 (4) If a referendum is held on the question of attachment of a political subdivision to an existing district, the question shall be submitted at the first regular election occurring not sooner than 45 days after the date that the governing body adopts a resolution submitting the question to a referendum and the commission approves that action. The question shall be "Shall the .... (name of political subdivision) become a part of the .... (name of district)?". If the question is approved by the electors, the governing body shall enter into an agreement with the commission under sub. (2) (a). The attachment becomes effective on the date specified in the agreement.

AB784, s. 78 Section 78. 27.163 of the statutes is created to read:

AB784,47,13 27.163 Local park districts; powers. A district has all of the powers necessary or convenient to carry out the purposes and provisions of ss. 27.16 to 27.165. The district shall hire a parks director, who is professionally qualified in the field of parks management and who has significant experience in the day to day operation of a park district. In addition to all other powers granted by ss. 27.16 to 27.165, a district may do all of the following:

AB784,47,14 (1) Adopt and alter an official seal.

AB784,47,15 (2) Sue and be sued in its own name, and plead and be impleaded.

AB784,47,16 (3) Maintain an office.

AB784,47,17 (4) In connection with park facilities:

AB784,47,19 (a) Acquire, develop, equip, maintain, improve, operate, and manage the park facilities.

AB784,47,21 (b) Enter into contracts, subject to such standards as may be established by the board of directors.

AB784,47,22 (c) Grant concessions.

AB784,47,23 (d) Operate recreational facilities or programs.

AB784,47,24 (e) Acquire by purchase, exchange, or donation land, or interests in land.

AB784,48,4 (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 political subdivision, any employee benefits, including an employee pension plan.

AB784,48,7 (6) Purchase insurance, establish and administer a plan of self-insurance, or, subject to an agreement with the political subdivision under s. 66.0301, participate in a governmental plan of insurance or self-insurance.