Amendment ASA1-AB601

AB601-ASA1, s. 62 Section 62. 66.0617 (9) of the statutes is amended to read:

AB601-ASA1,24,20 66.0617 (9) Refund of impact fees. An ordinance enacted or resolution adopted under this section shall specify that impact fees that are imposed and collected by a political subdivision or local park and recreation district but are not used within a reasonable period of time after they are collected to pay the capital costs for which they were imposed shall be refunded to the current owner of the property with respect to which the impact fees were imposed. The ordinance or resolution shall specify, by type of public facility, reasonable time periods within which impact fees must be spent or refunded under this subsection. In determining the length of the time periods under the ordinance, a political subdivision or local park and recreation district shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.

AB601-ASA1, s. 63 Section 63. 66.0617 (10) of the statutes is amended to read:

AB601-ASA1,25,2 66.0617 (10) Appeal. A political subdivision that enacts an impact fee ordinance under this section shall, by ordinance, and a local park and recreation district that adopts an impact fee resolution under this section shall, by resolution, specify a procedure under which a developer upon whom an impact fee is imposed has the right to contest the amount, collection, or use of the impact fee to the governing body of the political subdivision or local park and recreation district.

AB601-ASA1, s. 64 Section 64. 66.0617 (11) of the statutes is created to read:

AB601-ASA1,25,9 66.0617 (11) Transfer of unused impact fees. If a city, village, or town transfers title to its municipal park facilities to a local park and recreation district, as described in s. 229.861 (5) (a) 4., and if the city, village, or town has unspent impact fees that were to be used for municipal park facilities, as defined in s. 229.86 (5), the city, village, or town shall transfer such impact fees to the local park and recreation district.

AB601-ASA1, s. 65 Section 65. 67.01 (5) of the statutes is amended to read:

AB601-ASA1,25,18 67.01 (5) "Municipality" means any of the following which is authorized to levy a tax: a county, city, village, town, school district, board of park commissioners, technical college district, metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, local park and recreation district under subch. VI of ch. 229, public inland lake protection and rehabilitation district established under s. 33.23, 33.235, or 33.24, and any other public body empowered to borrow money and issue obligations to repay the money out of public funds or revenues. "Municipality" does not include the state.

AB601-ASA1, s. 66 Section 66. 70.11 (37m) of the statutes is created to read:

AB601-ASA1,25,21 70.11 (37m) Local park and recreation district. The property of a local park and recreation district under subch. VI of ch. 229.

AB601-ASA1, s. 67 Section 67. 71.26 (1) (bm) of the statutes, as affected by 2001 Wisconsin Act .... (Assembly Bill 512), is amended to read:

AB601-ASA1,26,3 71.26 (1) (bm) Certain local districts. Income of a local exposition district created under subch. II of ch. 229, a local professional baseball park district created under subch. III of ch. 229, a local professional football stadium district created under subch. IV of ch. 229, or a local cultural arts district created under subch. V of ch. 229, or a local park and recreation district created under subch. VI of ch. 229.

AB601-ASA1, s. 68 Section 68. 77.25 (18m) of the statutes is created to read:

AB601-ASA1,26,5 77.25 (18m) To a local park and recreation district under subch. VI of ch. 229.

AB601-ASA1, s. 69 Section 69. 77.54 (9a) (i) of the statutes is created to read:

AB601-ASA1,26,7 77.54 (9a) (i) A local park and recreation district under subch. VI of ch. 229.

AB601-ASA1, s. 70 Section 70. 79.03 (3) (b) 4. (intro.) of the statutes is amended to read:

AB601-ASA1,26,17 79.03 (3) (b) 4. (intro.) "Local purpose revenues" means the sum of payments under s. 79.095, local general purpose taxes, regulation revenues, revenues for services to private parties by a county's or municipality's general operations or enterprises, revenue for sanitation services to private parties, special assessment revenues, tax base equalization aids, and, for municipalities only, impact fees collected by a local park and recreation district that are attributed to the municipality, a proxy for private sewer service costs, a proxy for private solid waste and recycling service costs, and a proxy for retail charges for fire protection purposes. In this subdivision:

AB601-ASA1, s. 71 Section 71. 79.03 (3) (b) 4. a. of the statutes is renumbered 79.03 (3) (b) 4. am. and amended to read:

AB601-ASA1,27,4 79.03 (3) (b) 4. am. "Local general purpose taxes" means the portion of tax increments collected for payment to a municipality under s. 66.1105 which is attributable to that municipality's own levy, the portion of environmental remediation tax increments collected for payment to a municipality or county under s. 66.1106 that is attributable to that municipality's or county's own levy, general property taxes, excluding taxes for a county children with disabilities education board, collected to finance the general purpose government unit, property taxes collected for sewage and sanitary districts, property taxes collected for local park and recreation districts, mobile home fees, the proceeds of county sales and use taxes and municipal and county vehicle registration fees under s. 341.35 (1).

AB601-ASA1, s. 72 Section 72. 79.03 (3) (b) 4. ad. of the statutes is created to read:

AB601-ASA1,27,12 79.03 (3) (b) 4. ad. "Impact fees collected by a local park and recreation district that are attributed to the municipality" means, for a municipality that is part of a local park and recreation district created under subch. VI of ch. 229, the portion of the impact fees collected by the local park and recreation district that the department of revenue attributes to a municipality based on the municipality's population as compared with the aggregate population of all of the municipalities that are part of the same local park and recreation district.

AB601-ASA1, s. 73 Section 73. Subchapter VI of chapter 229 [precedes 229.86] of the statutes is created to read:

AB601-ASA1,27,15 CHAPTER 229

AB601-ASA1,27,18 subchapter vi local park and recreation districts

AB601-ASA1,27,19 229.86 Definitions. In this subchapter:

AB601-ASA1,27,20 (1) "Board of directors" means the board of directors of a district.

AB601-ASA1,27,24 (2) "Chief executive officer" means, as to a sponsoring municipality or as to a municipality that is wholly within the jurisdiction of a district, the mayor or city manager of a city, the village president of a village, or the town board chairperson of a town.

AB601-ASA1,27,25 (3) "District" means a special purpose district created under this subchapter.

AB601-ASA1,28,3 (4) "Enabling resolution" means a resolution, or an amendment of a resolution, adopted by the governing body of a municipality and signed by the chief executive officer to create a district.

AB601-ASA1,28,5 (5) "Municipal park facilities" means a public park or recreational facility, including improvements, that is owned by a municipality.

AB601-ASA1,28,9 (6) "Municipality" means any city other than a city that has a majority of its territory located in a county with a population greater than 500,000; any village other than a village that has a majority of its territory located in a county with a population greater than 500,000; or any town.

AB601-ASA1,28,11 (7) "Park facilities" means a public park or recreational facility, including improvements, that is owned by a district.

AB601-ASA1,28,13 (8) "Sponsoring municipality" means any municipality that creates a district in combination with another municipality.

AB601-ASA1,28,18 229.861 Creation, organization, and administration. (1) Subject to sub. (5), 2 or more municipalities may create 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 municipalities, and that has the powers under s. 229.863, if the sponsoring municipalities do all of the following:

AB601-ASA1,28,20 (a) Adopt an enabling resolution, subject to sub. (2), that does all of the following:

AB601-ASA1,28,21 1. Declares the need for establishing the district.

AB601-ASA1,28,22 2. Contains findings of public purpose.

AB601-ASA1,28,23 3. Contains a detailed description of the boundaries of the proposed district.

AB601-ASA1,28,25 4. Declares an intention to negotiate with a county the termination of any agreement entered into under s. 27.075 (1), (2), or (4).

AB601-ASA1,29,2 (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.

AB601-ASA1,29,7 (2) Subject to sub. (5), a district shall consist of at least 2 municipalities. Each sponsoring municipality shall be identified in a substantially similar enabling resolution that is adopted by the governing body of each sponsoring municipality within a 90-day period beginning with the date of adoption of the first enabling resolution.

AB601-ASA1,29,9 (3) A district consisting of 2 or more municipalities may also be created, subject to subs. (4) and (5), by a petition and referendum if all of the following occur:

AB601-ASA1,29,14 (a) A petition that conforms to the requirements of s. 8.40, which contains a detailed description and scale map of the proposed district, on the question of the creation of a district is circulated on or after December 1 and filed not later than 5 p.m. on the first Tuesday in January in each municipality that is within the boundaries of the proposed district.

AB601-ASA1,29,17 (b) The petition 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.

AB601-ASA1,29,19 (c) The signed petition is filed with the clerk of each municipality in which the petition is circulated.

AB601-ASA1,30,7 (4) If all of the steps in sub. (3) occur, each municipality in which petitions containing the requisite number of signatures are submitted to the clerk shall hold a referendum at the next succeeding spring election. Subject to sub. (5), if the question submitted at the referendum is approved by a majority of the electors who vote in the referendum at the spring election in at least 2 municipalities, 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 municipality, and that has the powers under s. 229.863 is created, the boundaries of which include each municipality in which the question is approved. The referendum question shall be substantially as follows: "Shall a local park and recreation district, the territory of which includes in whole the .... [name of municipality], be created?" If a referendum question is not approved in at least 2 municipalities, no district may be created.

AB601-ASA1,30,14 (5) (a) Before a district may be created, the governing bodies of each municipality that has adopted a resolution under sub. (1) or in which a referendum question has been approved under sub. (4) shall adopt a resolution or enact an ordinance, not later than September 1 of the year in which the resolution under sub. (1) or the referendum question is approved, that, subject to pars. (b) and (c), contains an agreement among each of the governing bodies which addresses at least all of the following provisions:

AB601-ASA1,30,18 1. A mechanism that provides, from each of the municipalities, a loan of start-up funds for the initial operating costs of the district. The loaned start-up funds shall be sufficient to sustain the district until it receives the first amount of proceeds from a tax that is imposed under s. 229.863 (8).

AB601-ASA1,30,21 2. A method of appointing temporary members to the board of directors under sub. (6) (am) to serve until the initial members are elected at the spring election and qualified to take office.

AB601-ASA1,30,25 3. An apportionment plan for the election of the board of directors of the district board under sub. (6) (b), unless the governing bodies of all of the municipalities of which the district is initially comprised provide for the election of members of the board of directors without an apportionment plan.

AB601-ASA1,31,2 4. A method to transfer title of the municipal park facilities within their individual jurisdictions to the district.

AB601-ASA1,31,5 5. The maximum property tax levy rate that the district may impose under s. 229.863 (8) (a). The maximum property tax levy rate may be no more than 1.4 mills for each dollar of the district's equalized valuation, as determined under s. 70.57.

AB601-ASA1,31,13 (b) 1. Before the municipalities may consider a resolution or ordinance that is described in par. (a), all of the municipalities shall enter into an agreement on the selection of an arbitrator who will decide any of the issues under par. (a) that are not resolved by the municipalities by September 1 of the year described under par. (a), except as provided in subd. 2. If the municipalities are unable to reach agreement on any of the items listed in par. (a), the arbitrator shall enter a binding decision, which resolves all such outstanding items, not later than November 1 of the year described under par. (a).

AB601-ASA1,31,17 2. If the municipalities are unable to reach an agreement concerning whether the members of the board of directors shall be elected with or without an apportionment plan under sub. (6) (b), the board of directors shall be elected pursuant to an apportionment plan.

AB601-ASA1,31,24 (c) Before the municipalities may consider a resolution or ordinance that is described under par. (a), each municipality that is subject to an agreement or contract with a county under s. 27.075 (1), (2), or (4) shall negotiate with the county the termination of any such agreements or contracts. If a municipality is unable to negotiate the termination of any agreements or contracts under s. 27.075, the municipality may not become part of a district until the agreements or contracts expire or are otherwise terminated.

AB601-ASA1,32,4 (6) (a) 1. The district is governed by its board of directors. The board of directors may adopt bylaws to govern the district's activities, subject to this subchapter. Except as provided in s. 229.862, the board of directors shall consist of 9 members who are elected at-large.

AB601-ASA1,32,15 2. The board of directors shall be elected at the spring election pursuant to an apportionment plan under par. (b) unless the governing bodies of each of the municipalities of which the district is comprised by resolution determine, no later than November 1 preceding any spring election, that the members of the board of directors shall be elected at that election and thereafter without an apportionment plan. If the governing bodies of each municipality of which the district is comprised determine to elect members of the board of directors without an apportionment plan, the governing bodies may, no later than November 1 preceding a spring election, by resolution determine to elect members of the board of directors at that election and thereafter pursuant to an apportionment plan, if an identical plan is adopted by each of those governing bodies by that date.

AB601-ASA1,32,20 3. The first election of members of the board of directors shall occur in April of the year following the year described in sub. (5) (a). Temporary members shall be appointed according to the agreement reached under sub. (5) (a) 2. or imposed by an arbitrator under sub. (5) (b) to serve until the initial members are elected at the spring election and qualified to take office.

AB601-ASA1,33,10 (b) 1. Each apportionment plan shall divide the entire district into apportioned geographic areas for the election of members of the board of directors. The boundaries of the apportioned areas shall remain unchanged unless the governing bodies of each of the municipalities of which the district is comprised agree, by resolution adopted no later than November 1 preceding a spring election, to prescribe revised boundaries for the election of members of the board of directors at that election and thereafter, and except that, if a municipality becomes a part of the district after its creation, the governing bodies of the municipalities of which the district is comprised shall, by resolution, prescribe identical revised boundaries of the apportioned areas no later than September 1 preceding the first spring election at which members of the board of directors are to be elected from the new district. If the governing bodies are unable to reach an agreement concerning an identical apportionment plan by September 1 preceding that spring election, an arbitrator appointed pursuant to sub. (5) (b) 1. shall resolve the dispute no later than November 1 preceding that election.

AB601-ASA1,33,14 2. If the members of the board of directors are elected pursuant to an apportionment plan, each candidate for member of the board of directors shall state on the face of his or her declaration of candidacy and nomination papers the apportioned area for which the candidate seeks office.

AB601-ASA1,33,22 (c) Each member of the board of directors shall be a resident of the district and, if an apportionment plan for the election of members of the board of directors is used, shall be a resident of the apportioned area for which he or she is elected at the time that the member takes the oath of office. If a member of the board of directors who is elected from an apportioned area ceases to be a resident of that area 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.

AB601-ASA1,34,9 (d) The terms of the members of the board of directors shall be 3 years, beginning on the next succeeding first Monday in June, except that the terms of one-third of the initial persons elected or appointed to office shall expire on the first Monday in June that is one year following the next succeeding June; the terms of one-third of the initial persons elected or appointed to office shall expire on the first Monday in June that is 2 years following the next succeeding June; and the terms of one-third of the persons elected or appointed to office shall expire on the first Monday in June that is 3 years following the next succeeding June. Members of the board of directors may be removed from office before the expiration of their terms, for cause, as provided under s. 17.13 (3) and may be recalled as provided under s. 9.10. Vacancies in the office of member of the board of directors shall be filled as provided under s. 17.27 (1f).

AB601-ASA1,34,14 (e) The board of directors shall elect from its membership a chairperson, a vice chairperson, a secretary, and a treasurer. A majority of the current membership of the board of directors constitutes a quorum to do business. The district may take action based on the affirmative vote of a majority of those directors who are present at a meeting of the board of directors.

AB601-ASA1,34,19 (f) 1. The board of directors 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 board of directors. Within 7 days after the appointment of any person to fill a vacancy on the board of directors, the clerk shall notify the person of his or her appointment.

AB601-ASA1,35,15 2. No later than 5 p.m. on the 2nd Tuesday in January, the clerk shall certify to the county clerk of each county lying wholly or partially within the district the names of candidates who have filed valid nomination papers for member of the board of directors 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 board of directors, the clerk shall certify to the county clerk of each county lying wholly or partially within the district the names of candidates who have won nomination to the board of directors 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. The clerk shall notify the municipal clerk 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 board of directors after each election in the manner provided under s. 7.53 (4).

AB601-ASA1,35,17 (g) The members of the board of directors shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

AB601-ASA1,35,20 (h) Upon the election under par. (a) and qualification of a majority of the members of a board of directors, the board of directors may exercise the powers and duties of a board of directors under this subchapter.

AB601-ASA1,35,21 (i) At its first meeting, the board of directors shall name the district.

AB601-ASA1,36,4 (7) (a) 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 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 park 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:

AB601-ASA1,36,5 1. The current value of park facilities that are transferred.

AB601-ASA1,36,7 2. The amount of money or any other contribution made by the park district for the park facilities that are transferred.

AB601-ASA1,36,12 (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.

AB601-ASA1,36,15 (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.

AB601-ASA1,36,22 (8) (a) A municipality which is part of a district may withdraw from the district as provided in this subsection if the governing body of the municipality adopts a resolution declaring its intention to withdraw from the district and if the board of directors adopts a resolution approving the municipality's resolution. If a municipality withdraws from a district under this subsection, title to the park facilities that are located in the municipality shall be transferred from the district to the municipality.

AB601-ASA1,37,5 (b) If a municipality adopts a resolution declaring its intention to withdraw from the district and if the board of directors rejects the municipality's resolution, the board of directors shall call a referendum in the municipality for the purpose of submitting the municipality's resolution to the electors of the municipality for approval or rejection on the question of whether the municipality should withdraw from the district. The referendum shall be held at the next regular election to be held not earlier than 42 days after the municipality's resolution is rejected by the board of directors.

AB601-ASA1,37,15 (c) If a municipality adopts a resolution declaring its intention to withdraw from the district and if the board of directors approves the resolution or, if the board rejects the resolution but the resolution is approved in the referendum described under par. (b), the district shall dissolve as provided in s. 229.865 if only one municipality remains a part of the district after a municipality withdraws under this subsection. If more than one municipality remains a part of the district after a municipality withdraws, the municipality that withdraws and the board of directors shall negotiate a settlement agreement to compensate that park district for the park facilities that are located in the municipality, based on at least all of the following factors:

AB601-ASA1,37,16 1. The current value of park facilities that are transferred.

AB601-ASA1,37,18 2. The amount of money or any other contribution made by the park district for the park facilities that are transferred.

AB601-ASA1,37,20 3. The amount of money or any other contribution made by the municipality for the park facilities that are transferred.

AB601-ASA1,38,3 (d) If the municipality and the park district are unable to negotiate a settlement under par. (c) within 60 days after the board of directors approves the resolution under par. (a) or within 60 days after the resolution is approved in the referendum described under par. (b), the municipality 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. The municipality shall comply with the arbitrator's decision during any court challenge to the decision.

AB601-ASA1,38,6 (e) A withdrawal 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.

AB601-ASA1,38,22 229.862 Jurisdiction and expansion. The initial jurisdiction of a district shall consist of the territory of all of the sponsoring municipalities that have acted under s. 229.861 (1) and (2) and all of the participating municipalities that have acted under s. 229.861 (3) in same year, or within 90 days after the adoption of the first enabling legislation that is described in s. 229.861 (1). The jurisdiction of the district may be expanded to include any other municipality under procedures adopted by the board of directors and consistent with an agreement entered into between the board of directors and the municipality. Under the terms of the agreement, the assets of the municipality to be included in the expanded jurisdiction shall be treated in a substantially similar manner as the assets of all other municipalities in the district. A district's jurisdiction may not be expanded unless the governing body of the municipality to be included in the expanded jurisdiction of the district approves the inclusion of the municipality in the district. Eligible electors of a municipality 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.

AB601-ASA1,38,25 229.863 Powers of district. A district has all of the powers necessary or convenient to carry out the purposes and provisions of this subchapter. In addition to all other powers granted by this subchapter, a district may do all of the following:

AB601-ASA1,39,1 (1) Adopt and alter an official seal.

AB601-ASA1,39,2 (2) Sue and be sued in its own name, and plead and be impleaded.

AB601-ASA1,39,3 (3) Maintain an office.

AB601-ASA1,39,5 (4) In connection with park facilities, consistent with a municipality's comprehensive plan under s. 66.1001 (1) (a):

AB601-ASA1,39,7 (a) Acquire, develop, equip, maintain, improve, operate, and manage the park facilities.