Subject to a number of conditions, a district may be created by one of two
methods. Under the first method, the governing bodies of two or more municipalities
adopt an enabling resolution that declares the need for establishing the district and
contains a detailed description of the boundaries of the proposed district. Each
municipality that adopts a substantially similar enabling resolution within 90 days,
beginning with the date of adoption of the first enabling resolution, may be part of
the initial jurisdiction of a district. Under the second method, a district consisting
of two or more municipalities may be created by a petition and referendum. The
petition must be circulated on or after December 1 and must be filed no later than
5 p.m. on the first Tuesday in January in each municipality within the proposed
boundaries of the district. If it is signed by a number of qualified electors residing
in the municipality equal to at least 15% of the votes cast for governor in the
municipality at the last gubernatorial election, a referendum is held at the next
succeeding spring election. A district is then created with a jurisdiction that consists
of each of the municipalities in which the referendum question is approved, except
that no district may be created unless the referendum question is approved in at least
two municipalities.
Before a district may be created, the governing bodies of each of the involved
municipalities must reach an agreement that includes a number of components,
including a method to provide a loan for initial operating funds for the district and
a method to transfer title of the municipalities' park facilities to the district. Before
such an agreement may be entered into, the participating municipalities must select
an arbitrator who will decide by November 1 any of the issues that are not resolved
by the municipalities by September 1, except the issue of whether to elect members
of the board of directors of the district pursuant to an apportionment plan (see below).
Also, before a district may be created, a municipality must negotiate with a county
the termination of any applicable agreement or contract under which a county
exercises municipal park powers within the municipality. If a municipality is unable
to negotiate the termination of any such agreements or contracts, the municipality
may not become part of a district until the agreements or contracts expire or are
otherwise terminated. Under the bill, no new agreements or contracts authorizing
a county to exercise municipal park powers within a municipality may be entered
into unless the agreements or contracts contain provisions under which the
municipality may terminate the agreements or contracts so that the municipality
may create or participate in a district.
In connection with park facilities, the powers of a district board include: the
authority, consistent with a municipality's comprehensive plan, 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 the district's functions.
The bill also grants these districts eligibility for various conservation programs that
are funded with stewardship moneys. These programs include the local park aids
program and the urban green space programs.
A district is governed by a nine-member board of directors that is elected
at-large at the spring election. Unless each of the governing bodies of the
municipalities of which the district is comprised agree to the contrary, the members
of the board of directors of the district are elected from separate geographic areas
within the district, the boundaries of which are prescribed by the governing bodies
in an apportionment plan. If the bodies cannot agree on a plan, the boundaries are
prescribed by an arbitrator. The issue of whether the board of directors shall be
elected pursuant to an apportionment plan is not arbitrable. Although all of the
electors of the district may participate in the election of all of the members of the
board of directors, if an apportionment plan is used, each member of the board of
directors 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 directors are
three years, although the initial terms are staggered such that each one-third of the
seats on the board is for terms of approximately one, two, and three years.
The members of a district board may change any decision that was made by an
arbitrator. A district board may adopt procedures to expand the jurisdiction of the
district to include other municipalities, the governing bodies of which approve their
inclusion in the district.
Under the bill, the territory of a municipality may be in only one district. 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 is required to 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 bill requires the
districts to negotiate a settlement to compensate the district from which the territory
was annexed for the park facilities that were transferred. If the districts are unable
to negotiate a settlement within 60 days after the annexation, the districts must
agree on the selection of an arbitrator who will decide the settlement amount within
30 days after his or her appointment.
The bill also provides two methods for a municipality to withdraw from the
district. Under the first method, if the governing body of a municipality adopts a
resolution declaring its intention to withdraw from the district and if the district
board approves the resolution, the municipality may withdraw from the district.
Under the second method, if a municipality adopts a resolution to withdraw from the
district and if the district board rejects the municipality's resolution, the district
board must call a referendum in the municipality for the electors of the municipality
to vote on whether to approve or reject the municipality's resolution. If the
referendum is approved, the municipality may withdraw from the district. Under
either method, however, the municipality and the district must negotiate a
settlement to compensate the district for the park facilities that are located in the
municipality. If the district and the municipality are unable to negotiate a
settlement within 60 days after the municipality's resolution is either approved by
the district board or approved in a referendum, the district and the municipality
must agree on the selection of an arbitrator who will decide the settlement amount
within 30 days after his or her appointment.
A district may dissolve by action of the district board, subject to payment of the
district's debts and fulfillment of its other contractual obligations. In addition, a
district must dissolve if, after one or more municipalities withdraw from a district,
only one municipality remains a part of a district. If a district is dissolved, its
property must be transferred to the municipalities within the district's jurisdiction.
The district board determines how, and to which municipality, the property is
transferred based on factors including the current value of the park facilities initially
transferred by a municipality to a district and the amount of money, sales tax
revenue, and other contributions made by, or collected from, a municipality.
Under the bill, a municipality within the district's jurisdiction may make loans
or lease or transfer property to a district. Generally, however, a municipality may
not create a park or expend any funds to support park or recreational facilities, or
impose an impact fee or fees in lieu of land dedications on a developer for park
facilities, after a district imposes taxes.
TAXATION
Under the bill, a district may levy a property tax on the property located in the
district and use the tax revenue only for purposes related to park facilities. The
maximum tax levy rate that the district may impose is determined by the
municipalities within the district's jurisdiction. However, under the bill, the
maximum tax levy rate must not be less than 0.7 mill nor more than 1.4 mills for each
dollar of the district's equalized property valuation, as determined by the
department of revenue. In any year, the district board may adopt a resolution to
establish a tax levy rate that exceeds the maximum tax levy rate, subject to approval
by the electors of the 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
district adopts the resolution to increase the tax levy rate.
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:
SB424, s. 1
1Section
1. 5.02 (21) of the statutes is amended to read:
SB424,5,62
5.02
(21) "Spring election" means the election held on the first Tuesday in April
3to elect judicial, educational
, and municipal officers, nonpartisan county officers,
4sewerage commissioners
, and members of the board of directors of local park and
5recreation districts and to express preferences for the person to be the presidential
6candidate for each party.
SB424, s. 2
7Section
2. 5.58 (1u) of the statutes is created to read:
SB424,5,148
5.58
(1u) Board of directors of local park and recreation districts. Except
9as authorized in s. 5.655, there shall be a separate ballot for members of the board
10of directors of any local park and recreation district. Arrangement of the names on
11the ballot shall be determined by the local park and recreation district clerk in the
12manner provided under s. 5.60 (1) (b). The ballot shall be entitled "Official Primary
13Ballot for Member of the Board of Directors of the Local Park and Recreation
14District."
SB424, s. 3
15Section
3. 5.58 (3) of the statutes is amended to read:
SB424,6,20
15.58
(3) Names on spring ballot. Only 2 candidates for state superintendent,
2for any judicial office,
or for any elected seat on a metropolitan sewerage commission
3or town sanitary district commission
,; in counties having a population of 500,000 or
4more only 2 candidates for member of the board of supervisors within each district
,; 5in counties having a population of less than 500,000 only 2 candidates for each
6member of the county board of supervisors from each district or numbered seat or
7only 4 candidates for each 2 members of the county board of supervisors from each
8district whenever 2 supervisors are elected to unnumbered seats from the same
9district
,; in 1st class cities only 2 candidates for any at-large seat and only 2
10candidates from any election district to be elected to the board of school directors
,; 11in school districts electing school board members to numbered seats, or pursuant to
12an apportionment plan or district representation plan, only 2 school board
13candidates for each numbered seat or within each district
,
; in a local park and
14recreation district, twice as many candidates as are to be elected members of the
15board of directors, or, if the district elects board members from apportioned areas,
16twice as many candidates as are to be elected members of the board of directors from
17each apportioned area; and twice as many candidates as are to be elected members
18of other school boards or other elective officers receiving the highest number of votes
19at the primary shall be nominees for the office at the spring election. Only their
20names shall appear on the official spring ballot.
SB424, s. 4
21Section
4. 5.60 (6u) of the statutes is created to read:
SB424,7,322
5.60
(6u) Board of directors of certain local park and recreation districts.
23 Except as authorized in s. 5.655, a separate ballot shall list the names of all
24candidates for member of the board of directors of any local park and recreation
25district. Arrangement of the names on the ballot shall be determined by the local
1park and recreation district clerk in the manner provided under sub. (1) (b). The
2ballot shall be entitled "Official Ballot for Member of the Board of Directors of the
3Local Park and Recreation District."
SB424, s. 5
4Section
5. 5.68 (2) of the statutes is amended to read:
SB424,7,165
5.68
(2) Except as otherwise expressly provided, all costs for ballots, supplies,
6notices
, and any other materials necessary in preparing or conducting any election
7shall be paid for by the county or municipality whose clerk or board of election
8commissioners is responsible for providing them. If a ballot is prepared for a school,
9technical college, sewerage
or, sanitary
, or local park and recreation district, the
10district shall pay for the cost of the ballot. If no other level of government is involved
11in a school, technical college, sewerage
or, sanitary
, or local park and recreation 12district election, the district shall pay for all costs of the ballots, supplies, notices
, and
13other materials. If ballots, supplies, notices
, or other materials are used for elections
14within more than one unit of local government, the costs shall be proportionately
15divided between the units of local government involved in the election. In a 1st class
16city, all costs otherwise attributable to a school district shall be paid by the city.
SB424,8,219
5.68
(3) If voting machines are used or if an electronic voting system is used
20in which all candidates and referenda appear on the same ballot, the ballots for all
21national, state
, and county offices and for county and state referenda shall be
22prepared and paid for by the county wherein they are used. If the voting machine
23or electronic voting system ballot includes a municipal or school, technical college,
24sewerage
or, sanitary
, or local park and recreation district ballot, the cost of that
1portion of the ballot shall be reimbursed to the county or paid for by the municipality
2or district, except as provided in a 1st class city school district under sub. (2).
SB424, s. 7
3Section
7. 7.51 (3) (b) of the statutes is amended to read:
SB424,8,94
7.51
(3) (b) For ballots which relate only to municipal
or, school district
, or local
5park and recreation district offices or referenda, the inspectors, in lieu of par. (a),
6after counting the ballots shall return them to the proper ballot boxes, lock the boxes,
7paste paper over the slots, sign their names to the paper
, and deliver them and the
8keys therefor to the municipal
or, school district
, or local park and recreation district 9clerk. The clerk shall retain the ballots until destruction is authorized under s. 7.23.
SB424, s. 8
10Section
8. 7.51 (3) (d) of the statutes is amended to read:
SB424,8,1711
7.51
(3) (d) All absentee certificate envelopes which have been opened shall be
12returned by the inspectors to the municipal clerk in a securely sealed carrier
13envelope which is clearly marked "used absentee certificate envelopes". The
14envelopes shall be signed by the chief inspector and 2 other inspectors. Except when
15the ballots are used in a municipal
or, school district
, or local park and recreation
16district election only, the municipal clerk shall transmit the used envelopes to the
17county clerk.
SB424, s. 9
18Section
9. 7.51 (4) (b) of the statutes is amended to read:
SB424,8,2419
7.51
(4) (b) The chief inspector, or one of the inspectors appointed by him or her,
20immediately after the votes are tabulated or counted at each election, shall report
21the returns of the election to the municipal clerk
or
, to the school district clerk for
22school district elections, except in 1st class cities
, or to the local park and recreation
23district clerk for local park and recreation district elections. The clerk shall then
24make the returns public.
SB424, s. 10
25Section
10. 7.51 (5) of the statutes is amended to read:
SB424,9,25
17.51
(5) Returns. The inspectors shall make full and accurate return of the
2votes cast for each candidate and proposition on tally sheet blanks provided by the
3municipal clerk for the purpose. Each tally sheet shall record the returns for each
4office or referendum by ward, unless combined returns are authorized in accordance
5with s. 5.15 (6) (b) in which case the tally sheet shall record the returns for each group
6of combined wards. After recording the votes, the inspectors shall seal in a carrier
7envelope outside the ballot bag or container one inspectors' statement under sub. (4)
8(a), one tally sheet
, and one poll or registration list for delivery to the county clerk,
9unless the election relates only to municipal or school district offices or referenda
or
10local park and recreation district offices. The inspectors shall also similarly seal one
11inspectors' statement, one tally sheet
, and one poll or registration list for delivery to
12the municipal clerk. For school district elections, except in 1st class cities, the
13inspectors shall similarly seal one inspectors' statement, one tally sheet
, and one poll
14or registration list for delivery to the school district clerk.
For local park and
15recreation district elections, the inspectors shall similarly seal one inspectors'
16statement, one tally sheet, and one poll or registration list for delivery to the local
17park and recreation district clerk. The inspectors shall immediately deliver all
18ballots, statements, tally sheets, lists
, and envelopes to the municipal clerk. The
19municipal clerk shall arrange for delivery of all ballots, statements, tally sheets,
20lists
, and envelopes relating to a school district
or local park and recreation district 21election to the school district
or local park and recreation district clerk
, respectively.
22The municipal clerk shall deliver the ballots, statements, tally sheets, lists
, and
23envelopes for his or her municipality relating to any county, technical college district,
24state
, or national election to the county clerk by 2 p.m. on the day following each such
25election. The person delivering the returns shall be paid out of the municipal
1treasury. Each clerk receiving ballots, statements, tally sheets
, or envelopes shall
2retain them until destruction is authorized under s. 7.23 (1).
SB424, s. 11
3Section
11. 7.53 (3m) of the statutes is created to read:
SB424,10,194
7.53
(3m) Local park and recreation district elections. The local park and
5recreation district clerk shall appoint 2 qualified electors of the district prior to the
6date of the election being canvassed, who shall, with the clerk, constitute the local
7park and recreation district board of canvassers. The clerk shall appoint a member
8to fill any temporary vacancy on the board of canvassers. The canvass shall begin
9as soon as possible after receipt of the returns and shall continue, without
10adjournment, until completed. The board of canvassers may return defective returns
11to the municipal board of canvassers in the manner provided in s. 7.60 (3). The board
12of canvassers shall prepare a written statement showing the numbers of votes cast
13for each person for each office and shall prepare a determination showing the names
14of the persons who are elected to the board of directors. Following each primary
15election, the board of canvassers shall prepare a statement certifying the names of
16the persons who have won nomination to the board of directors. Each statement and
17determination shall be attested by each of the canvassers. The board of canvassers
18shall file each statement and determination in the local park and recreation district
19office.
SB424, s. 12
20Section
12. 8.10 (6) (e) of the statutes is created to read:
SB424,10,2221
8.10
(6) (e) For members of the board of directors of a local park and recreation
22district, with the local park and recreation district clerk.
SB424, s. 13
23Section
13. 8.11 (2f) of the statutes is created to read:
SB424,11,424
8.11
(2f) Board of directors of certain local park and recreation districts. 25A primary shall be held in a local park and recreation district whenever there are
1more than twice the number of candidates to be elected members of the board of
2directors of the local park and recreation district, or, if the district elects board
3members from apportioned areas, more than twice as many candidates as are to be
4elected members of the board of directors from any apportioned area.
SB424, s. 14
5Section
14. 9.10 (1) (a) of the statutes is amended to read:
SB424,11,116
9.10
(1) (a) The qualified electors of the state
,; of any county, city, village,
or 7town
,; of any congressional, legislative, judicial
, or school district
,; of any local park
8and recreation district; or of any prosecutorial unit may petition for the recall of any
9incumbent elective official by filing a petition with the same official or agency with
10whom nomination papers or declarations of candidacy for the office are filed
11demanding the recall of the officeholder.
SB424, s. 15
12Section
15. 9.10 (1) (b) of the statutes is amended to read:
SB424,11,2013
9.10
(1) (b) Except as provided in par. (c), a petition for recall of a state,
14congressional, legislative, judicial
, or county officer shall be signed by electors equal
15to at least 25% of the vote cast for the office of governor at the last election within the
16same district or territory as that of the officeholder being recalled. Except as
17provided in par. (c), a petition for the recall of a city, village, town
, local park and
18recreation district, or school district officer shall be signed by electors equal to at
19least 25% of the vote cast for the office of president at the last election within the same
20district or territory as that of the officeholder being recalled.
SB424, s. 16
21Section
16. 9.10 (2) (d) of the statutes is amended to read:
SB424,12,1222
9.10
(2) (d) No petition may be offered for filing for the recall of an officer unless
23the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
24filing officer with whom the petition is filed. The petitioner shall append to the
25registration a statement indicating his or her intent to circulate a recall petition, the
1name of the officer for whom recall is sought and, in the case of a petition for the recall
2of a city, village, town
, local park and recreation district, or school district officer, a
3statement of a reason for the recall which is related to the official responsibilities of
4the official for whom removal is sought. No petitioner may circulate a petition for
5the recall of an officer prior to completing registration. The last date
that on which 6a petition for the recall of a state, congressional, legislative, judicial
, or county officer
7may be offered for filing is 5 p.m. on the 60th day commencing after registration. The
8last date
that on which a petition for the recall of a city, village, town
, local park and
9recreation district, or school district officer may be offered for filing is 5 p.m. on the
1030th day commencing after registration. After the recall petition has been offered
11for filing, no name may be added or removed. No signature may be counted unless
12the date of the signature is within the period provided in this paragraph.
SB424, s. 17
13Section
17. 9.10 (3) (a) of the statutes is amended to read:
SB424,12,1714
9.10
(3) (a) This subsection applies to the recall of all elective officials other
15than city, village, town
, local park and recreation district, and school district officials.
16City, village, town
, local park and recreation district, and school district officials are
17recalled under sub. (4).
SB424, s. 18
18Section
18. 9.10 (4) (a) of the statutes is amended to read:
SB424,14,219
9.10
(4) (a) Within 10 days after a petition for the recall of a city, village, town
,
20local park and recreation district, or school district official
, is offered for filing, the
21officer against whom the petition is filed may file a written challenge with the
22municipal clerk or board of election commissioners or school district clerk official or
23agency with whom
it the petition is filed, specifying any alleged insufficiency. If a
24challenge is filed, the petitioner may file a written rebuttal to the challenge with the
25clerk or board of election commissioners official or agency within 5 days after the
1challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed
2may file a reply to any new matter raised in the rebuttal within 2 days after the
3rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a
4reply to a rebuttal, the
clerk or board of election commissioners official or agency 5shall file the certificate or an amended certificate. Within 31 days after the petition
6is offered for filing, the
clerk or board of election commissioners official or agency 7shall determine by careful examination of the face of the petition whether the
8petition is sufficient and shall so state in a certificate
issued by the official or agency
9and attached to the petition. If the petition is found to be insufficient, the certificate
10shall state the particulars creating the insufficiency. The petition may be amended
11to correct any insufficiency within 5 days following the affixing of the original
12certificate. Within 2 days after the offering of the amended petition for filing, the
13clerk or board of election commissioners official or agency shall again carefully
14examine the face of the petition to determine sufficiency and shall attach to the
15petition a certificate stating the findings. Immediately upon finding an original or
16amended petition sufficient, except in cities over 500,000 population
, the municipal
17clerk or school district clerk and except with regard to a member of the board of
18directors of a local park and recreation district, the official shall transmit the petition
19to the governing body or to the school board.
Immediately Except with regard to a
20member of the board of directors of a local park and recreation district, immediately
21upon finding an original or amended petition sufficient, in cities over 500,000
22population, the board of election commissioners shall file the petition in its office.
23Immediately upon finding an original or amended petition sufficient, with regard to
24a member of the board of directors of a local park and recreation district, the local
25park and recreation district clerk shall file the petition in his or her office and shall
1transmit a copy of the petition to the governing body of each city, village, and town
2that has territory within the jurisdiction of the local park and recreation district.
SB424, s. 19
3Section
19. 9.10 (4) (d) of the statutes is amended to read:
SB424,14,84
9.10
(4) (d) The governing body, school board
, or board of election
5commissioners
, upon receiving the certificate
or copy of the certificate issued under
6par. (a), shall call an election on the Tuesday of the 6th week commencing after the
7date of the certificate. If Tuesday is a legal holiday, the recall election shall be held
8on the first day after Tuesday which is not a legal holiday.
SB424, s. 20
9Section
20. 9.10 (7) of the statutes is amended to read:
SB424,14,1210
9.10
(7) Purpose. The purpose of this section is to facilitate the operation of
11article XIII, section 12, of the constitution and to extend the same rights to electors
12of cities, villages, towns
, local park and recreation districts, and school districts.
SB424, s. 21
13Section
21. 10.05 of the statutes is amended to read:
SB424,15,2
1410.05 Posting of notice. Unless specifically designated elsewhere, this
15section applies to villages, towns
and, school districts
, and local park and recreation
16districts. Whenever a notice is required to be published, a village, town
or, school
17district
, or local park and recreation district may post 3 notices in lieu of publication
18under ch. 985 whenever there is not a newspaper published within the village, town
19or, school district
, or local park and recreation district or whenever the governing
20body of the village, town
or, school district
, or local park and recreation district 21chooses to post in order to supplement notice provided in a newspaper. Whenever
22the manner of giving notice is changed by the governing body, the body shall give
23notice of the change in the manner used before the change. Whenever posting is
24used, the notices shall be posted no later than the day prescribed by law for
25publication
, or
, if that day falls within the week preceding the election to be noticed,
1at least one week before the election. All notices given for the same election shall be
2given in the same manner.
SB424, s. 22
3Section
22. 10.07 (1) of the statutes is amended to read:
SB424,15,134
10.07
(1) Except as provided in sub. (2) in the case of voting machine ballots,
5whenever any county clerk
or and one or more municipal
or, school district
, or local
6park and recreation district clerks within the same county are directed to publish
,
7or whenever 2 or more municipal, school district or local park and recreation district
8clerks within the same county are directed to publish any notice or portion of a notice
9under this chapter on the same date in the same newspaper, the text of which is
10identical, the clerks may publish one notice only. The cost of publication of such
11notice or the portion of the notice required shall be apportioned equally between the
12county and each municipality
or, school district
, or local park and recreation district 13sharing in its publication.
SB424, s. 23
14Section
23. 11.02 (8) of the statutes is created to read:
SB424,15,1615
11.02
(8) If the jurisdiction under sub. (3) is a local park and recreation district,
16the appropriate clerk is the local park and recreation district clerk.
SB424, s. 24
17Section
24. 11.31 (1) (h) (intro.) of the statutes is amended to read:
SB424,15,2218
11.31
(1) (h) (intro.) Candidates for any local office
, who are elected from a
19jurisdiction or district with less than 500,000 inhabitants according to the latest
20federal census or census information on which the district is based, as certified by
21the appropriate filing officer,
and candidates for member of the board of directors of
22a local park and recreation district, an amount equal to the greater of the following:
SB424, s. 25
23Section
25. 17.01 (11m) of the statutes is created to read:
SB424,16,324
17.01
(11m) By a member of the board of directors of a local park and recreation
25district, to the board of directors. The board of directors shall immediately give a copy
1of each resignation under this subsection to the elections board and to the chief
2executive officer of each municipality that has territory within the jurisdiction of the
3district.
SB424, s. 26
4Section
26. 17.13 (intro.) of the statutes is amended to read:
SB424,16,9
517.13 Removal of village, town, town sanitary district, school district,
6technical college and family care district, and local park and recreation
7district officers. (intro.) Officers of towns, town sanitary districts, villages, school
8districts, technical college districts
and, family care districts
, and local park and
9recreation districts may be removed as follows:
SB424, s. 27
10Section
27. 17.13 (3) of the statutes is amended to read:
SB424,16,1611
17.13
(3) All officers. Any village, town, town sanitary district, school district
12or, technical college district
, or local park and recreation district officer, elective or
13appointive, including those embraced within subs. (1) and (2), by
the a judge of the
14circuit court of
the a circuit wherein the village, town, town sanitary district, school
15district
or, technical college district
, or local park and recreation district is situated,
16for cause.
SB424, s. 28
17Section
28. 17.27 (1f) of the statutes is created to read:
SB424,17,218
17.27
(1f) Board of directors of local park and recreation districts. Except
19as provided in s. 9.10, a vacancy in the office of any member of the board of directors
20of a local park and recreation district may be filled by temporary appointment of the
21remaining members of the board of directors. The temporary appointee shall serve
22until a successor is elected and qualified. If the vacancy occurs in any year after the
23first Tuesday in April and on or before December 1, the vacancy shall be filled for the
24residue of the unexpired term, if any, at on the date of the next spring election. If the
25vacancy occurs in any year after December 1 or on or before the first Tuesday in April,
1the vacancy shall be filled for the residue of the unexpired term, if any, at the 2nd
2succeeding spring election.
SB424, s. 29
3Section
29. 23.09 (19) (a) 2. of the statutes is amended to read:
SB424,17,74
23.09
(19) (a) 2. "Governmental unit" means a city, village, town, county, lake
5sanitary district, as defined in s. 30.50 (4q), public inland lake protection and
6rehabilitation district
, or local park and recreation district under subch. VI of ch. 229, 7or the Kickapoo reserve management board.
SB424, s. 30
8Section
30. 23.09 (20) (ab) 1. of the statutes is amended to read:
SB424,17,119
23.09
(20) (ab) 1. "Governmental unit" means a municipality
, a local park and
10recreation district under subch. VI of ch. 229, or the Kickapoo reserve management
11board.
SB424, s. 31
12Section
31. 23.09 (20m) (a) 1. of the statutes is amended to read:
SB424,17,1513
23.09
(20m) (a) 1. "Governmental unit" means a city, village, town, county
, or
14local park and creation district under subch. VI of ch. 229, or the Kickapoo reserve
15management board.
SB424, s. 32
16Section
32. 23.0917 (4m) (a) 3. of the statutes is amended to read:
SB424,17,2017
23.0917
(4m) (a) 3. "Local governmental unit" means a city, village, town,
18county, lake sanitary district, as defined in s. 30.50 (4q),
or a public inland lake
19protection and rehabilitation district
, or local park and recreation district under
20subch. VI of ch. 229.
SB424, s. 33
21Section
33. 23.094 (1) of the statutes is amended to read:
SB424,17,2522
23.094
(1) Definition. In this section, "political subdivision" means
a city,
23village, town, county, lake sanitary district, as defined in s. 30.50 (4q),
or public
24inland lake protection and rehabilitation district
, or local park and recreation
25district under subch. VI of ch. 229.
SB424, s. 34
1Section
34. 25.50 (1) (d) of the statutes is amended to read:
SB424,18,122
25.50
(1) (d) "Local government" means any county, town, village, city, power
3district, sewerage district, drainage district, town sanitary district, public inland
4lake protection and rehabilitation district, local professional baseball park district
5created under subch. III of ch. 229, family care district under s. 46.2895, local
6professional football stadium district created under subch. IV of ch. 229, local
7cultural arts district created under subch. V of ch. 229,
local park and recreation
8district created under subch. VI of ch. 229, public library system, school district or
9technical college district in this state, any commission, committee, board
, or officer
10of any governmental subdivision of this state, any court of this state, other than the
11court of appeals or the supreme court, or any authority created under s. 231.02,
12233.02
, or 234.02.
SB424, s. 35
13Section
35. 27.01 (3) of the statutes is amended to read:
SB424,18,2014
27.01
(3) Transfer of state park land to municipalities. The department may
15not transfer the ownership of any state park or land within any state park to any
16county, city, village
or, town
, county, or local park and recreation district created
17under subch. VI of ch. 229 unless
it the department receives the approval of the joint
18committee on finance regarding the appropriate level of reimbursement to be
19received by the state to reflect the state's cost in acquiring and developing the state
20park or land within the state park.
SB424, s. 36
21Section
36. 27.075 (1) of the statutes is amended to read:
SB424,19,1922
27.075
(1) The county board of any county with a population of less than
23500,000 is
hereby vested with all powers of a local, legislative
, and administrative
24character for the purpose of governing, managing, controlling, improving
, and caring
25for public parks, parkways, boulevards
, and pleasure drives; and to carry out these
1powers in districts which it may create for different purposes, or throughout the
2county, and for such purposes to levy county taxes, to issue bonds, assessment
3certificates
, and improvement bonds, or any other evidence of indebtedness. The
4powers
hereby conferred
under this section may be exercised by the county board in
5any
town, city or village city, village, or town, or part thereof located in
such the 6county upon the request of any such
town, city or village city, village, or town,
7evidenced by a resolution adopted by a majority vote of the members-elect of its
8governing body, designating the particular park function, duty
, or act, and the terms,
9if any, upon which the same shall be exercised by the county board.
Such The 10resolution shall state whether the authority or function is to be exercised exclusively
11by the county or jointly by the county and the
town, city or village city, village, or
12town, and shall also state that the exercise of
such the power by the county is in the
13public interest. Upon the receipt of the resolution, the county board may, by a
14resolution adopted by a majority vote of its membership, elect to assume the exercise
15of
such the authority or function, upon the terms and conditions set forth in the
16resolution presented by the
town, city or village
city, village, or town. A city, village,
17or town that wishes to create or participate in a local park and recreation district
18under subch. VI of ch. 229 may negotiate the termination of any agreement entered
19into with a county under this subsection.
