AB784: Bill Text

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.

AB784,48,15 (7) Adopt and enforce reasonable rules and regulations 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. The district may establish civil penalties, including restitution and including forfeitures in an amount not to exceed $500 for each violation, for violations of the rules and regulations authorized under this section. The restitution or forfeiture may be recovered by the district in a civil action brought by the commission in the name of the district. Collected restitution and forfeitures shall be paid into the general fund of the district.

AB784,49,12 (8) (a) To carry out its functions, levy a tax on the taxable property in the district, as equalized by the department of revenue under s. 70.57, at a rate not to exceed one mill on each dollar of the equalized full value of all taxable property in the district, except that the district may exceed the one-mill tax levy rate by resolution. No increase in the tax levy rate in excess of one mill is effective until the resolution is approved by a majority of the electors in the political subdivision voting on the resolution at a referendum, to be held at the first regular 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 rate in excess of one mill for the district, or in excess of the amount allowed under par. (d) 1., 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 rate shall be applied to the respective real property and personal property tax rolls of the city, village, town, and county 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.

AB784,49,16 (b) The initial operating levy of a district shall be imposed by the commission in December of the year preceding the January 1 on which the district is created under s. 27.161 (5). The initial levy shall be imposed in an amount that equals as closely as possible the greater of the following:

AB784,49,20 1. The total operating levy, of all political subdivisions whose park facilities are included in the district, that is attributable to park and recreational purposes for the fiscal year in which either the final enabling resolution is adopted under s. 27.161 (2) or the final referendum is held under s. 27.161 (3).

AB784,49,24 2. The total operating levy, of all political subdivisions whose park facilities are included in the district, that is attributable to park and recreational purposes for the fiscal year before the fiscal year in which either the final enabling resolution is adopted under s. 27.161 (2) or the final referendum is held under s. 27.161 (3).

AB784,50,5 (c) For the year in which a commission imposes its initial operating levy under par. (b), each sponsoring political subdivision shall reduce its operating levy by the amount that the sponsoring political subdivision levied in the previous year for park and recreational purposes, to the extent that those functions have been assumed by the district.

AB784,50,13 (d) 1. In addition to the limits on the tax levy rate increase in par. (a), and except as provided in subd. 2., the district may not increase its levy in 2007 or 2008 by a percentage that exceeds a percentage equal to the greater of either the percentage change in the district's January 1 equalized value due to new construction less improvements removed between the previous year and the current year or, for 2007, 3.86 percent, or for 2008, 2 percent. The base amount in any year, to which the limit under this subsection applies, shall be the maximum allowable levy for the immediately preceding year.

AB784,50,25 2. A district may exceed the levy increase limit under subd. 1. if the commission adopts a resolution to that effect and if the resolution is approved in a referendum, following the procedures specified in par. (a), to the extent that those procedures are not inconsistent with the procedures specified in this subdivision. The resolution shall specify the proposed amount of increase in the levy beyond the amount that is allowed subd. 1. and shall specify whether the proposed amount of increase is for the next fiscal year only or if it will apply on an ongoing basis. With regard to a referendum relating to an odd-numbered year, the political subdivision may call a special referendum for the purpose of submitting the resolution to the electors of the political subdivision for approval or rejection. With regard to a referendum relating to an even-numbered year, the referendum shall be held at the next succeeding spring primary or election or September primary or general election.

AB784,51,5 3. The levy increase limit otherwise applicable to the district under this subsection is increased in the next fiscal year by the percentage approved by a majority of those voting on the question. If the resolution specifies that the increase is for one year only, the amount of the increase shall be subtracted from the base used to calculate the limit for the 2nd succeeding fiscal year.

AB784,51,7 (9) Accept gifts and other aid, which may be used only for the following purposes:

AB784,51,8 (a) Maintaining the park facilities.

AB784,51,9 (b) Operating the park facilities.

AB784,51,10 (c) Making capital improvements to the park facilities.

AB784,51,12 (10) Administer the receipt of revenues, and oversee the payment of bills or other debts incurred by the district.

AB784,51,13 (11) Adopt a resolution to impose impact fees under s. 66.0617.

AB784,51,14 (12) Issue debt under ch. 67 only for capital improvements to park facilities.

AB784,51,17 (13) Impose user fees for the use of district facilities and programs. The district may impose different fees based on whether the user resides within the district's jurisdiction.

AB784, s. 79 Section 79. 27.164 of the statutes is created to read:

AB784,51,24 27.164 Local park districts; powers and duties of, and limitations on, political subdivisions. (1) Except as otherwise provided in this section, the governing bodies of each political subdivision that make up the jurisdiction of 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).

AB784,52,2 (2) In addition to any powers that it may otherwise have, a political subdivision located wholly or partly within a district's jurisdiction may do any of the following:

AB784,52,4 (a) Make loans to a district upon terms that the political subdivision considers appropriate.

AB784,52,6 (b) Lease or transfer property to a district upon terms that the political subdivision considers appropriate.

AB784, s. 80 Section 80. 27.165 of the statutes is created to read:

AB784,52,11 27.165 Local park districts; dissolution. (1) Dissolution. In addition to a district being dissolved upon a withdrawal, as described in s. 27.161 (9), the commission may also vote to dissolve a district. If a district is dissolved, on the date the dissolution becomes effective all of the following apply:

AB784,52,15 (a) All assets and liabilities of the district shall be apportioned to, and become the assets and liabilities of, the sponsoring or participating political subdivisions and the governing bodies of any political subdivisions that joined the district under s. 27.162.

AB784,52,21 (b) All positions of the district, and the incumbent employees occupying those positions, become positions and employees of the political subdivisions described under par. (a), as apportioned by the commission. Employees so transferred have all the rights under subch. I of ch. 63, subch. IV of ch. 111, s. 59.52 (8), and s. 66.0509 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.

AB784,52,24 (c) All real property and all tangible personal property of the district is transferred to the political subdivisions described under par. (a), as apportioned by the commission.

AB784,53,5 (d) All contracts entered into by the district remain in effect and are transferred to the political subdivisions described under par. (a), as apportioned by the commission. The political subdivisions shall carry out any obligations under such a contract until the contract is modified or rescinded by the political subdivisions, to the extent allowed under the contract.

AB784,53,10 (e) Any matter pending with the district is transferred to the political subdivisions described under par. (a), as apportioned by the commission 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 political subdivisions.

AB784,53,12 (f) In apportioning property under par. (c), the commission shall consider at least all of the following factors:

AB784,53,14 1. The current value of park facilities transferred by a political subdivision to a district.

AB784,53,16 2. The amount of money contributed to the district during its existence by a political subdivision under s. 27.163 (8).

AB784,53,18 3. The amount of any other contribution made by a political subdivision to a district, including any contribution that is made under s. 27.164 (2).

AB784,53,22 (2) Arbitration. In the event that a question arises concerning the application of sub. (1) or s. 27.161 (6) to any situation, the question shall be resolved by the arbitrator selected under the procedure in s. 27.161 (5) (b) 2., subject to any applicable law.

AB784, s. 81 Section 81. 30.277 (1b) (a) of the statutes is amended to read: