SB248: Bill Text

SB248, s. 48 Section 48. 23.09 (26) (am) 3m. of the statutes is created to read:

SB248,21,24 23.09 (26) (am) 3m. Develop and maintain snowmobile trails, facilities, and areas under subd. 1. or 2.

SB248, s. 49 Section 49. 23.09 (26) (am) 4. of the statutes is repealed.

SB248, s. 50 Section 50. 23.09 (26) (ar) of the statutes is created to read:

SB248,22,4 23.09 (26) (ar) Counties may receive aids under this subsection distributed in accordance with s. 350.12 (4) to enforce laws in and on snowmobile trails, facilities, and areas.

SB248, s. 51 Section 51. 23.09 (26) (b) of the statutes is amended to read:

SB248,22,11 23.09 (26) (b) The county board of any county, which, by resolution, indicates its desire Any county or any local park district that wishes to receive aids under this subsection shall apply to the department on forms prescribed by the department and submit required documentation as set forth promulgated by rule on or before April 15, beginning in 1978 of each year. A decision on an aid application shall be made by the department on or before the following July 1, beginning in 1978.

SB248, s. 52 Section 52. 23.09 (26) (bg) of the statutes is created to read:

SB248,22,18 23.09 (26) (bg) The department shall review the aid application as it considers necessary to determine whether the approval of the application will best serve the public interest and need. In making its decision, the department shall give careful consideration to whether the proposal is an integral part of an official comprehensive land and water use plan for the area as well as the relationship of the proposal to similar proposals on other public lands.

SB248, s. 53 Section 53. 23.09 (26) (d) of the statutes is amended to read:

SB248,22,25 23.09 (26) (d) Distribution of snowmobile trail development funds shall be limited to trails which provide a primary access route through one county and connect with another county's trails, provide access from population centers to main access trails or support a high volume of use. Counties and local park districts applying for aid for snowmobile trail development shall identify the type of trail for which aid is being sought on the forms under par. (b).

SB248, s. 54 Section 54. 23.09 (26) (h) of the statutes is created to read:

SB248,23,9 23.09 (26) (h) Trails, areas, facilities, or other structures for which aid granted under this subsection is provided may not be converted to uses that are inconsistent with the purposes of this subsection without the approval of the department. The department shall not grant approval unless there is evidence that these uses are essential to and in accordance with an official comprehensive land and water use plan for the area. The department shall require that the proceeds from the sale or other disposal of trails, areas, facilities, or other structures for which aid is provided under this subsection be used to further the purposes of this subsection.

SB248, s. 55 Section 55. 23.175 (1) (a) of the statutes is amended to read:

SB248,23,12 23.175 (1) (a) "Political subdivision" means a city, a village, a town or, a county, or a local park district created under s. 27.161.

SB248, s. 56 Section 56. 23.305 (1) (intro.) of the statutes is amended to read:

SB248,23,14 23.305 (1) (intro.) In this section, "spectator sports":

SB248,23,17 (bm) "Spectator sports" means events or contests in which the general public spectates but does not participate, including without limitation because of enumeration:

SB248, s. 57 Section 57. 23.305 (1) (a) to (i) of the statutes are renumbered 23.305 (1) (bm) 1. to 9.

SB248, s. 58 Section 58. 23.305 (1) (am) of the statutes is created to read:

SB248,23,22 23.305 (1) (am) "Local park district" means a local park district created under s. 27.161 but not with the participation of any city.

SB248, s. 59 Section 59. 23.305 (2) of the statutes is amended to read:

SB248,24,3 23.305 (2) Notwithstanding ss. 23.30 and 28.04, the department may lease state park land or state forest land to towns, villages or , counties, or local park districts for outdoor recreational purposes associated with spectator sports.

SB248, s. 60 Section 60. 23.33 (1) (im) of the statutes is created to read:

SB248,24,6 23.33 (1) (im) "Local park district" means a local park district created under s. 27.161.

SB248, s. 61 Section 61. 23.33 (8) (c) of the statutes is amended to read:

SB248,24,11 23.33 (8) (c) Trails. A town, a village, a city, a county, or a local park district or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements or permission, for use as all-terrain vehicle trails.

SB248, s. 62 Section 62. 23.33 (9) (c) of the statutes is amended to read:

SB248,24,16 23.33 (9) (c) Signs. In addition to the projects listed in par. (b), the department may provide aid under this subsection to a town, village, city or, county, or local park district for up to 100% 100 percent of the cost of placing signs developed under sub. (4z) (a) 2.

SB248, s. 63 Section 63. 23.33 (11) (a) of the statutes is amended to read:

SB248,24,21 23.33 (11) (a) Counties, towns, cities and villages A county, city, town, or village may enact ordinances regulating all-terrain vehicles on all-terrain vehicle trails maintained by or on all-terrain vehicle routes designated by under the jurisdiction of the county, city, town, or village.

SB248, s. 64 Section 64. 25.50 (1) (d) of the statutes is amended to read:

SB248,25,7 25.50 (1) (d) "Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, local professional baseball park district created under subch. III of ch. 229, family care district under s. 46.2895, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, local park district created under s. 27.161, public library system, school district or technical college district in this state, any commission, committee, board, or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 114.61, 231.02, 233.02 , or 234.02.

SB248, s. 65 Section 65. 27.01 (3) of the statutes is amended to read:

SB248,25,15 27.01 (3) Transfer of state park land to municipalities. The department may not transfer the ownership of any state park or land within any state park to any county, city, village or, town, county, or local park district created under s. 27.161 unless it the department receives the approval of the joint committee on finance regarding the appropriate level of reimbursement to be received by the state to reflect the state's cost in acquiring and developing the state park or land within the state park.

SB248, s. 66 Section 66. 27.02 (1) of the statutes is amended to read:

SB248,26,10 27.02 (1) Except as provided under sub. (2) and except in counties that are part of a local park district created under s. 27.161, in every county with a population of at least 150,000, but less than 500,000, and in any other county with a population of less than 150,000 wherein the county board has by resolution provided for a county park commission subject to ss. 27.02 to 27.06, the chairperson of the county board shall appoint a county park commission consisting of 7 members, any number of which may be members of the county board. The appointments shall be made in writing and filed in the office of the county clerk. The term of each member, except county board members, is 7 years following July 1 of the year in which the appointment is made and until the appointment and qualification of a successor, except that the first 7 members shall be appointed respectively for such terms that on July 1 in each of the 7 years following the year in which they are appointed the term of one member will expire. After the original appointments one commissioner shall be appointed annually in the month of June to succeed the member whose term will expire on July 1 following, except that in counties with a population of at least 150,000 but less than 500,000 the members shall be elected by the county board of supervisors. The term of any park commissioner appointed to the commission while serving as a county board member shall end when the commissioner's membership on the county board terminates, unless thereafter reappointed to the commission.

SB248, s. 67 Section 67. 27.03 (2) of the statutes is amended to read:

SB248,26,21 27.03 (2) In any county with a county executive or a county administrator, other than in a county that is part of a local park district created under s. 27.161, the county executive or county administrator shall appoint and supervise a general manager of the park system. The appointment shall be subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63. In any county with a population of 500,000 or more, the general manager of the park system shall be in the unclassified civil service and is subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation.

SB248, s. 68 Section 68. 27.05 (intro.) of the statutes is amended to read:

SB248,27,5 27.05 Powers of commission or general manager. (intro.) The Except in a county that is part of a local park district created under s. 27.161, the county park commission, or the general manager in counties with a county executive or county administrator, shall have charge and supervision of all county parks and all lands acquired by the county for park or reservation purposes. The county park commission or general manager, subject to the general supervision of the county board and regulations prescribed by the county board, except as provided under s. 27.03 (2), may do any of the following:

SB248, s. 69 Section 69. 27.06 of the statutes is amended to read:

SB248,27,12 27.06 Mill-tax appropriation. The Except in a county that is part of a local park district created under s. 27.161, the county board may annually, at the same time that other county taxes are levied, levy a tax upon the taxable property of such county for the purchase of land and the payment of expenses incurred in carrying on the work of the park commission. In every county having a population of 500,000 or more, the county park commission shall be subject to s. 59.60.

SB248, s. 70 Section 70. 27.075 (1) of the statutes is amended to read:

SB248,28,12 27.075 (1) The Except in a county that is part of a local park district created under s. 27.161, the county board of any county with a population of less than 500,000 is hereby vested with all powers of a local, legislative, and administrative character for the purpose of governing, managing, controlling, improving, and caring for public parks, parkways, boulevards, and pleasure drives; and to carry out these powers in districts which it may create for different purposes, or throughout the county, and for such purposes to levy county taxes, to issue bonds, assessment certificates, and improvement bonds, or any other evidence of indebtedness. The powers hereby conferred under this section may be exercised by the county board in any town, city or village city, village, or town, or part thereof located in such the county upon the request of any such town, city or village city, village, or town, evidenced by a resolution adopted by a majority vote of the members-elect of its governing body, designating the particular park function, duty, or act, and the terms, if any, upon which the same shall be exercised by the county board. Such The resolution shall state whether the authority or function is to be exercised exclusively by the county or jointly by the county and the town, city or village city, village, or town, and shall also state that the exercise of such the power by the county is in the public interest. Upon the receipt of the resolution, the county board may, by a resolution adopted by a majority vote of its membership, elect to assume the exercise of such the authority or function, upon the terms and conditions set forth in the resolution presented by the town, city or village city, village, or town. A city, village, or town that wishes to create or participate in a local park district under s. 27.161, or terminate its participation with a county under s. 27.161 (1) (a) 4., may negotiate the termination of any agreement entered into with a county under this subsection.

SB248, s. 71 Section 71. 27.075 (2) of the statutes is amended to read:

SB248,29,4 27.075 (2) The county board of any such county, or the commission of a local park district created under s. 27.161, may, by a resolution adopted by a majority of its membership, propose to the towns, cities and villages cities, villages, and towns located in such the county, or any of them, that it offers to exercise such the powers and functions therein in order that are necessary to consolidate municipal park services and functions in said the county. Such The resolution shall designate the particular function, duty, or act and the terms and conditions, if any, upon which the county board or district will perform the same. The powers conferred in sub. (1) and designated in such the resolution may thereafter be exercised by the county board, or commission, in each such town, city or village which shall accept such city, village, or town which accepts the proposal by the adoption of a resolution by a majority vote of the members-elect of its governing body, except that no governing body may accept any proposal described under this subsection unless it contains a provision under which the city, village, or town may terminate its agreement with the county or the district so that the city, village, or town may create or participate in a local park district under s. 27.161.

SB248, s. 72 Section 72. 27.075 (3) of the statutes is amended to read:

SB248,29,11 27.075 (3) After the adoption of resolutions by the county board, the county board shall have full power to or the commission as defined in s. 27.16 (2), the board or commission may legislate upon and administer the entire subject matter committed to it, and among other things, to and may determine, where not otherwise provided by law, the manner of exercising the power thus assumed. No county may exercise any power under this section in a local park district created under s. 27.161.

SB248, s. 73 Section 73. 27.075 (4) of the statutes is amended to read:

SB248,30,9 27.075 (4) The town, city or village concerned A city, village, or town may enter into necessary contracts with the county, or the district as defined in s. 27.16 (4), and appropriate money to pay the county or the district, for the reasonable expenses incurred in rendering the park services assumed. Such The contract shall also provide a procedure for the termination of the contract by any city, village, or town that wishes to create or participate in a local park district under s. 27.161. The expenses may be certified, returned, and paid as are other county charges, and, in the case of services performed pursuant to under a proposal for the consolidation thereof of municipal park services initiated by the county board or district and made available to each town, city and village city, village, and town in the county on the same terms, the expenses thereof shall be certified, returned, and paid as county charges; but in the event that each and every town, city and village if every city, village, and town in the county shall accept such accepts the proposal of the county board or district the expenses thereof shall be paid by county or district taxes to be levied and collected as are other taxes for county purposes. Said towns, cities and villages are vested with all necessary power to do the things herein required, and to do all things and to exercise or relinquish any of the powers herein provided or contemplated. The procedure herein provided in this section for the request or acceptance of the exercise of the powers conferred on the county board or district commission in cities and villages is hereby prescribed as a special method of determining the local affairs and government of such cities and villages pursuant to article XI, section 3, of the constitution.

SB248, s. 74 Section 74. 27.08 (1) of the statutes is amended to read:

SB248,30,17 27.08 (1) Every city that is not part of a local park district created under s. 27.161 may by ordinance create a board of park commissioners subject to this section, or otherwise as provided by ordinance. Such, and if the city has a board of park commissioners the city shall terminate that board and end the board's authority under this section upon the city's creation of or participation in a local park district under s. 27.161. The board shall be organized as directed by the common council shall provide.

SB248, s. 75 Section 75. 27.08 (3) of the statutes is amended to read:

SB248,31,2 27.08 (3) In any city having no If a city does not have a board of park commissioners its and is not part of a local park district created under s. 27.161, the city's public parks, parkways, boulevards, and pleasure drives shall be under the charge of its board of public works, if it has such last named board; otherwise or, if it does not have such a board, under the charge of its common council. When so in charge, the board of public works or the common council may exercise all of the powers of a board of park commissioners. Upon a city's creation of or participation in a local park district under s. 27.161, the city's board of public works or common council may not exercise any authority under this section.

SB248, s. 76 Section 76. 27.16 of the statutes is created to read:

SB248,31,4 27.16 Local park districts; definitions. In ss. 27.16 to 27.165:

SB248,31,9 (1) "Chief executive officer" means, as to a sponsoring political subdivision or as to a municipality or county that is wholly within the jurisdiction of a district, the mayor or city manager of a city, the village president of a village, the town board chairperson of a town, the county executive of a county or, if the county does not have a county executive, the chairperson of the county board.

SB248,31,10 (2) "Commission" means the governing body of a district.

SB248,31,11 (3) "Commissioners" means the commissioners of a district.

SB248,31,13 (4) "District" means a local park district which is a special purpose district created under s. 27.161.

SB248,31,16 (5) "Enabling resolution" means a resolution, or an amendment of a resolution, adopted by the governing body of a municipality or county and signed by the chief executive officer to create a district.

SB248,31,17 (6) "Municipality" means a city, village, or town.

SB248,31,21 (7) "Park facilities" means a public park, including improvements, that is owned by a district, or a public park, including improvements, that is owned by a municipality or a county, but is under the management and control of a district, or both.

SB248,31,22 (8) "Political subdivision" means a municipality or county.

SB248,31,24 (9) "Regular election" means an election that is described in s. 5.02 (5), (18), (21), or (22).

SB248,31,25 (10) "Sponsoring political subdivision" means any of the following:

SB248,32,2 (a) A municipality that creates a district on its own or in combination with another municipality or county.

SB248,32,4 (b) A county that creates a district on its own or in combination with another municipality or county.

SB248, s. 77 Section 77. 27.161 of the statutes is created to read:

SB248,32,11 27.161 Local park districts; creation, organization, and administration. (1) Subject to sub. (5), one or more political subdivisions may provide for the creation of 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 the sponsoring political subdivisions, and that has the powers under s. 27.163, if the sponsoring political subdivisions do all of the following:

SB248,32,13 (a) Adopt an enabling resolution, subject to sub. (2), that does all of the following:

SB248,32,14 1. Declares the need for establishing the district.

SB248,32,15 2. Contains findings of public purpose.

SB248,32,16 3. Contains a description of the boundaries of the proposed district.

SB248,32,19 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).

SB248,32,23 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.

SB248,33,4 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.

SB248,33,7 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.

SB248,33,9 (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.

SB248,33,14 (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.

SB248,33,19 (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:

SB248,33,22 (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.

SB248,34,2 (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.

SB248,34,4 (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.

SB248,34,7 (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.

SB248,34,9 (e) The petition shall be filed with the clerk of each political subdivision whose park facilities are to be included in the proposed district.

SB248,34,22 (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.

SB248,34,24 (5) (a) A district is created on January 1 following the date on which all of the following occur: