SB556,27,85
(e) Any matter pending with the county with respect to park and recreational
6functions is transferred to the district and all materials submitted to or actions taken
7by the county with respect to park and recreational functions are considered as
8having been submitted to or taken by the district.
SB556,27,11
9(5) (a) 1. The district is governed by a commission. The commission may adopt
10bylaws to govern the district's activities, subject to this subchapter. The commission
11shall consist of 9 members who are elected at-large.
SB556,27,1312
2. The commissioners shall be elected at the spring election pursuant to an
13apportionment plan under par. (b).
SB556,27,1814
3. The first election of commissioners shall occur in April of the year following
15the year in which the resolution or ordinance described in sub. (2) (a) takes effect.
16Temporary members shall be appointed according to the ordinance or resolution
17under sub. (2) (b) to serve until the initial members are elected at the spring election
18and qualified to take office.
SB556,27,2319
(b) 1. Each apportionment plan shall divide the entire district into apportioned
20geographic areas for the election of commissioners. The boundaries of the
21apportioned areas shall remain unchanged unless the commission, by resolution
22adopted no later than November 1 preceding a spring election, prescribes revised
23boundaries for the election of commissioners at that election and thereafter.
SB556,28,3
12. Each candidate for commissioner shall state on the face of his or her
2declaration of candidacy and nomination papers the apportioned area for which the
3candidate seeks office.
SB556,28,94
(c) Each commissioner shall be a resident of the district and, a resident of the
5apportioned area for which he or she is elected at the time that the member takes the
6oath of office. If a commissioner who is elected from an apportioned area ceases to
7be a resident of that area after the beginning of his or her term of office but continues
8to be a resident of the district, the member may continue to serve for the remainder
9of the term for which he or she was elected or appointed.
SB556,28,1910
(d) The terms of the commissioners shall be 3 years, beginning on the first
11Monday in June following their election to office, except that the terms of one-third
12of the initial persons elected to office shall expire on the first Monday in June that
13is one year following that year; the terms of one-third of the initial persons elected
14to office shall expire on the first Monday in June that is 2 years following that year;
15and the terms of one-third of the persons elected to office shall expire on the first
16Monday in June that is 3 years following that year. Members of the commission may
17be removed from office before the expiration of their terms, for cause, as provided
18under s. 17.13 (3) and may be recalled as provided under s. 9.10. Vacancies in the
19office of commissioner shall be filled as provided under s. 17.27 (1f).
SB556,28,2420
(e) The commission shall elect from its membership a chairperson, a vice
21chairperson, a secretary, and a treasurer. A majority of the current membership of
22the commission constitutes a quorum to do business. The district may take action
23based on the affirmative vote of a majority of those commissions directors who are
24present at a meeting of the commission board.
SB556,29,4
1(f) 1. The commission shall appoint a person to serve as clerk of the district.
2The clerk shall administer the affairs of the district, under the direction of the
3commission. Within 7 days after the appointment of any person to fill a vacancy on
4the commission, the clerk shall notify the person of his or her appointment.
SB556,29,245
2. No later than 5 p.m. on the 2nd Tuesday in January, the clerk shall certify
6to the county clerk the names of candidates who have filed valid nomination papers
7for commissioner and who are eligible to have their names appear on the ballot under
8s. 8.30. If any municipality lying wholly or partially within the district prepares its
9own ballots under s. 7.15 (2) (c), the clerk shall similarly certify the names of
10candidates to the municipal clerk. In making these certifications, the clerk shall
11designate the form of each candidate's name to appear on the ballot in the manner
12prescribed under s. 7.08 (2) (a). If a primary is held for any seat on a commission,
13the clerk shall certify to the county clerk the names of candidates who have won
14nomination to the commission and who are eligible to have their names appear on
15the ballot under s. 8.30. If any municipality lying wholly or partially within the
16district prepares its own ballots under s. 7.15 (2) (c), the clerk shall similarly certify
17the names of candidates to the municipal clerk. The clerk shall notify the municipal
18clerk of each municipality lying wholly or partially within the district of any district
19election and furnish each municipal clerk with a copy of the notice of the district
20election. If paper ballots are utilized at a district election, the clerk shall provide each
21municipal clerk with an adequate supply of ballots for the election at least 22 days
22before the election. The clerk shall issue certificates of election to persons who are
23elected to the commission after each election in the manner provided under s. 7.53
24(4).
SB556,30,2
1(g) The commissioners shall be reimbursed for their actual and necessary
2expenses incurred in the performance of their duties, but may not receive a salary.
SB556,30,53
(h) Upon the election under par. (a) and qualification of a majority of the
4commissioners, the commission may exercise the powers and duties of a commission
5under this subchapter.
SB556,30,66
(i) At its first meeting, the commission shall name the district.
SB556,30,8
727.162 Jurisdiction. The jurisdiction of a district shall consist of the territory
8of the county that creates the district.
SB556,30,11
927.163 Powers of district. A district has all of the powers necessary or
10convenient to carry out the purposes and provisions of ss. 27.16 to 27.165. In addition
11to all other powers granted by this subchapter, a district may do all of the following:
SB556,30,12
12(1) Adopt and alter an official seal.
SB556,30,13
13(2) Sue and be sued in its own name, and plead and be impleaded.
SB556,30,14
14(3) Maintain an office.
SB556,30,15
15(4) In connection with park facilities:
SB556,30,1716
(a) Acquire, develop, equip, maintain, improve, operate, and manage the park
17facilities.
SB556,30,1918
(b) Enter into contracts, subject to such standards as may be established by the
19board of directors.
SB556,30,2020
(c) Grant concessions.
SB556,30,2121
(d) Operate recreational facilities or programs.
SB556,30,25
22(5) Employ personnel, and fix and regulate their compensation; and provide,
23either directly or subject to an agreement under s. 66.0301 as a participant in a
24benefit plan of the county, any employee benefits, including an employee pension
25plan.
SB556,31,3
1(6) Purchase insurance, establish and administer a plan of self-insurance, or,
2subject to an agreement with the county under s. 66.0301, participate in a
3governmental plan of insurance or self-insurance.
SB556,31,6
4(7) Set standards governing the use of, and the conduct within, its park
5facilities and recreational facilities in order to promote public safety and convenience
6and to maintain order.
SB556,32,2
7(8) To carry out its functions, by resolution levy a tax on the taxable property
8in the district, as equalized by the department of revenue under s. 70.57, except that
9no increase in the tax levy rate is effective until the resolution is approved by a
10majority of the electors in the county voting on the resolution at a referendum, to be
11held at the first spring primary, spring election, September primary, general election,
12or special election held throughout the district that is held at least 45 days after the
13date of adoption of the resolution. The question submitted shall be whether the
14property tax levy for the district may be increased by a specified amount. The clerk
15of the district shall publish the notices required under s. 10.06 (4) (c), (f), and (i) for
16any referendum held under this subsection. Notwithstanding s. 10.06 (4) (c), the type
17A notice under s. 10.01 (2) (a) relating to the referendum is valid even if given and
18published late as long as it is given and published prior to the election as early as
19practicable. If a board of directors adopts a resolution that increases the property
20tax levy for the district and the resolution is approved by the electors, the district
21clerk shall deliver a certified copy of the resolution to the secretary of revenue at least
2230 days before its effective date. The tax levy shall be applied to the respective real
23property and personal property tax rolls of the city, village, and town included in the
24district and shall not be included within any limitation on county or municipality
1taxes. Collected taxes levied under this paragraph shall be paid to the district
2treasurer.
SB556,32,43
(a) Accept gifts and other aid, which may be used only for the following
4purposes:
SB556,32,55
(b) Maintaining the park facilities.
SB556,32,66
(c) Operating the park facilities.
SB556,32,77
(d) Making capital improvements to the park facilities.
SB556,32,9
8(10) Administer the receipt of revenues, and oversee the payment of bills or
9other debts incurred by the district.
SB556,32,10
10(11) Adopt a resolution to impose impact fees under s. 66.0617.
SB556,32,11
11(12) Issue debt under ch. 67 only for capital improvements to park facilities.
SB556,32,16
1227.164 Powers and duties of, and limitations on, counties. (1) Except
13as otherwise provided in this section, the county board that created the district may
14not create a park or expend any funds to support a park or recreational facilities, or
15impose an impact fee under s. 66.0617 for park facilities, after the imposition of the
16taxes described under s. 27.163 (8).
SB556,32,18
17(2) In addition to any powers that it may otherwise have, a municipality located
18wholly or partly within a district's jurisdiction may do any of the following:
SB556,32,2019
(a) Make loans to a district upon terms that the municipality considers
20appropriate.
SB556,32,2221
(b) Lease or transfer property to a district upon terms that the municipality
22considers appropriate.
SB556,32,24
2327.165 Arbitration; dissolution of district. (1) Dissolution. If a district
24is dissolved, on the date the dissolution becomes effective:
SB556,33,2
1(a) All assets and liabilities of the district become assets and liabilities of the
2county.
SB556,33,73
(b) All positions of the district, and the incumbent employees occupying those
4positions, become positions and employees of the county. Employees so transferred
5have all the rights under subch. I of ch. 63, subch. IV of ch. 111, and s. 59.52 (8) that
6they enjoyed as employees of the district. No employee so transferred who has
7attained permanent status in class is required to serve a probationary period.
SB556,33,88
(c) All tangible personal property of the district is transferred to the county.
SB556,33,129
(d) All contracts entered into by the district remain in effect and are transferred
10to the county. The county shall carry out any obligations under such a contract until
11the contract is modified or rescinded by the county, to the extent allowed under the
12contract.
SB556,33,1613
(e) Any matter pending with the district is transferred to the county and all
14materials submitted to or actions taken by the district with respect to park and
15recreational functions are considered as having been submitted to or taken by the
16county.
SB556,33,19
17(2) Arbitration. In the event that a question arises concerning the application
18of s. 27.161 (4) or sub. (1) to any situation, the question shall be resolved by the county
19board of supervisors, subject to any applicable law.
SB556, s. 61
20Section
61. 30.277 (1b) (a) of the statutes is amended to read:
SB556,33,2321
30.277
(1b) (a) "Governmental unit" means a city,
a village,
a town,
a county
22for which a county park district has not been created, a county park district, or the
23Kickapoo reserve management board.
SB556, s. 62
24Section
62. 66.0301 (1) (a) of the statutes is amended to read:
SB556,34,12
166.0301
(1) (a) In this section "municipality" means the state or any
2department or agency thereof, or any city, village, town, county, school district, public
3library system, public inland lake protection and rehabilitation district, sanitary
4district, farm drainage district, metropolitan sewerage district, sewer utility district,
5solid waste management system created under s. 59.70 (2), local exposition district
6created under subch. II of ch. 229, local professional baseball park district created
7under subch. III of ch. 229, local professional football stadium district created under
8subch. IV of ch. 229,
a local cultural arts district created under subch. V of ch. 229,
9county park district created under s. 27.161, family care district under s. 46.2895,
10water utility district, mosquito control district, municipal electric company, county
11or city transit commission, commission created by contract under this section,
12taxation district, regional planning commission, or city-county health department.
SB556, s. 63
13Section
63. 66.0617 (1) (a) of the statutes is amended to read:
SB556,34,2214
66.0617
(1) (a) "Capital costs" means the capital costs to construct, expand
, or
15improve public facilities, including the cost of land, and including legal, engineering
, 16and design costs to construct, expand
, or improve public facilities, except that not
17more than 10% of capital costs may consist of legal, engineering
, and design costs
18unless the political subdivision
or county park district can demonstrate that its legal,
19engineering
, and design costs which relate directly to the public improvement for
20which the impact fees were imposed exceed 10% of capital costs. "Capital costs" does
21not include other noncapital costs to construct, expand
, or improve public facilities
22or the costs of equipment to construct, expand
, or improve public facilities.
SB556, s. 64
23Section
64. 66.0617 (1) (am) of the statutes is created to read:
SB556,34,2524
66.0617
(1) (am) "Local park and recreation district" has the meaning given for
25district in s. 229.86 (3).
SB556, s. 65
1Section
65. 66.0617 (1) (c) of the statutes is amended to read:
SB556,35,42
66.0617
(1) (c) "Impact fees" means cash contributions, contributions of land
3or interests in land
, or any other items of value that are imposed on a developer by
4a political subdivision
or a county park district under this section.
SB556, s. 66
5Section
66. 66.0617 (1) (d) of the statutes is amended to read:
SB556,35,106
66.0617
(1) (d) "Land development" means the construction or modification of
7improvements to real property that creates additional residential dwelling units
8within a political subdivision
or county park district or that results in nonresidential
9uses that create a need for new, expanded
, or improved public facilities within a
10political subdivision
or county park district.
SB556, s. 67
11Section
67. 66.0617 (1) (g) of the statutes is amended to read:
SB556,35,1312
66.0617
(1) (g) "Service area" means a geographic area delineated by a political
13subdivision
or county park district within which there are public facilities.
SB556, s. 68
14Section
68. 66.0617 (1) (h) of the statutes is amended to read:
SB556,35,1715
66.0617
(1) (h) "Service standard" means a certain quantity or quality of public
16facilities relative to a certain number of persons, parcels of land
, or other appropriate
17measure, as specified by the political subdivision
or county park district.
SB556, s. 69
18Section
69. 66.0617 (2) (a) of the statutes is amended to read:
SB556,35,2219
66.0617
(2) (a) Subject to par. (am), a political subdivision may enact an
20ordinance under this section
, and a county park district may adopt a resolution
21under this section, that imposes impact fees on developers to pay for the capital costs
22that are necessary to accommodate land development.
SB556, s. 70
23Section
70. 66.0617 (2) (am) of the statutes is renumbered 66.0617 (2) (am)
241.
SB556, s. 71
25Section
71. 66.0617 (2) (am) 2. of the statutes is created to read:
SB556,36,2
166.0617
(2) (am) 2. No county park district may impose an impact fee under this
2section for any purpose other than park facilities, as defined in s. 27.16 (5).
SB556, s. 72
3Section
72. 66.0617 (3) of the statutes is amended to read:
SB556,36,104
66.0617
(3) Public hearing; notice. Before enacting an ordinance
or adopting
5a resolution that imposes impact fees, or amending an existing ordinance
or
6resolution that imposes impact fees, a political subdivision
or a county park district 7shall hold a public hearing on the proposed ordinance or amendment. Notice of the
8public hearing shall be published as a class 1 notice under ch. 985, and shall specify
9where a copy of the proposed ordinance or amendment and the public facilities needs
10assessment may be obtained.
SB556, s. 73
11Section
73. 66.0617 (4) (a) (intro.) of the statutes is amended to read:
SB556,36,1812
66.0617
(4) (a) (intro.) Before enacting an ordinance
or adopting a resolution 13that imposes impact fees or amending an ordinance
or resolution that imposes
14impact fees by revising the amount of the fee or altering the public facilities for which
15impact fees may be imposed, a political subdivision
or a local county park district 16shall prepare a needs assessment for the public facilities for which it is anticipated
17that impact fees may be imposed. The public facilities needs assessment shall
18include, but not be limited to, the following:
SB556, s. 74
19Section
74. 66.0617 (4) (b) of the statutes is amended to read:
SB556,36,2420
66.0617
(4) (b) A public facilities needs assessment or revised public facilities
21needs assessment that is prepared under this subsection shall be available for public
22inspection and copying in the office of the clerk of the political subdivision
or in the
23office of the secretary of the commission of the county park district at least 20 days
24before the hearing under sub. (3).
SB556, s. 75
25Section
75. 66.0617 (5) of the statutes is amended to read:
SB556,37,3
166.0617
(5) Differential fees, impact fee zones. (a) An ordinance enacted
or
2resolution adopted under this section may impose different impact fees on different
3types of land development.
SB556,37,114
(b) An ordinance enacted
or resolution adopted under this section may
5delineate geographically defined zones within the political subdivision
or county
6park district and may impose impact fees on land development in a zone that differ
7from impact fees imposed on land development in other zones within the political
8subdivision
or county park district. The public facilities needs assessment that is
9required under sub. (4) shall explicitly identify the differences, such as land
10development or the need for those public facilities, which justify the differences
11between zones in the amount of impact fees imposed.
SB556, s. 76
12Section
76. 66.0617 (6) (intro.) of the statutes is amended to read:
SB556,37,1413
66.0617
(6) Standards for impact fees. (intro.) Impact fees imposed by an
14ordinance enacted
or resolution adopted under this section:
SB556, s. 77
15Section
77. 66.0617 (6) (b) of the statutes is amended to read:
SB556,37,1816
66.0617
(6) (b) May not exceed the proportionate share of the capital costs that
17are required to serve land development, as compared to existing uses of land within
18the political subdivision
or county park district.
SB556, s. 78
19Section
78. 66.0617 (6) (h) of the statutes is created to read:
SB556,37,2120
66.0617
(6) (h) Shall be payable by the developer to the county park district
21either in full or in installment payments that are approved by the park district.
SB556, s. 79
22Section
79. 66.0617 (7) of the statutes is amended to read:
SB556,38,423
66.0617
(7) Low-cost housing. An ordinance enacted
or resolution adopted 24under this section may provide for an exemption from, or a reduction in the amount
25of, impact fees on land development that provides low-cost housing, except that no
1amount of an impact fee for which an exemption or reduction is provided under this
2subsection may be shifted to any other development in the land development in
3which the low-cost housing is located or to any other land development in the
4political subdivision
or county park district.
SB556, s. 80
5Section
80. 66.0617 (8) of the statutes is amended to read:
SB556,38,106
66.0617
(8) Requirements for impact fee revenues. Revenues from impact
7fees shall be placed in a segregated, interest-bearing account and shall be accounted
8for separately from the other funds of the political subdivision
or county park district.
9Impact fee revenues and interest earned on impact fee revenues may be expended
10only for capital costs for which the impact fees were imposed.
SB556, s. 81
11Section
81. 66.0617 (9) of the statutes is amended to read:
SB556,38,2212
66.0617
(9) Refund of impact fees. An ordinance enacted
or resolution adopted 13under this section shall specify that impact fees that are imposed and collected by
14a political subdivision
or county park district but are not used within a reasonable
15period of time after they are collected to pay the capital costs for which they were
16imposed shall be refunded to the current owner of the property with respect to which
17the impact fees were imposed. The ordinance
or resolution shall specify, by type of
18public facility, reasonable time periods within which impact fees must be spent or
19refunded under this subsection. In determining the length of the time periods under
20the ordinance, a political subdivision
or county park district shall consider what are
21appropriate planning and financing periods for the particular types of public
22facilities for which the impact fees are imposed.
SB556, s. 82
23Section
82. 66.0617 (10) of the statutes is amended to read: