AB784,46,7
1(2) (a) With the approval of the commission, the jurisdiction of the district may
2be expanded to include any other political subdivision under procedures adopted by
3the commission and consistent with an agreement entered into between the
4commission and the political subdivision. Under the terms of the agreement, the
5assets of the political subdivision to be included in the expanded jurisdiction shall
6be treated in a substantially similar manner as the assets of all other political
7subdivisions in the district.
AB784,46,128 (b) The procedures for any expansion approved under par. (a) shall permit the
9governing body of a political subdivision to request inclusion of its park facilities in
10the district on its own resolution, and shall also permit the electors of a political
11subdivision to request inclusion in the district through a petition and referendum
12process.
AB784,46,1813 (c) Each petition filed under this subsection shall be in the form specified in s.
148.40, shall name the political subdivision whose park facilities are proposed to be
15attached to the district, and shall name the district to which the facilities are to be
16attached. The petition may be circulated on or after January 1 of any year and may
17be filed no later than 5 p.m. on the 3rd Tuesday in February. The petition shall
18contain the signatures of at least 100 electors of the political subdivision.
AB784,46,22 19(3) Eligible electors of a political subdivision included in the expanded
20jurisdiction of a district may vote for members of the board of directors at the first
21election occurring after the effective date of the expansion at which members of the
22board of directors are elected.
AB784,47,6 23(4) If a referendum is held on the question of attachment of a political
24subdivision to an existing district, the question shall be submitted at the first regular
25election occurring not sooner than 45 days after the date that the governing body

1adopts a resolution submitting the question to a referendum and the commission
2approves that action. The question shall be "Shall the .... (name of political
3subdivision) become a part of the .... (name of district)?". If the question is approved
4by the electors, the governing body shall enter into an agreement with the
5commission under sub. (2) (a). The attachment becomes effective on the date
6specified in the agreement.
AB784, s. 78 7Section 78. 27.163 of the statutes is created to read:
AB784,47,13 827.163 Local park districts; powers. A district has all of the powers
9necessary or convenient to carry out the purposes and provisions of ss. 27.16 to
1027.165. The district shall hire a parks director, who is professionally qualified in the
11field of parks management and who has significant experience in the day to day
12operation of a park district. In addition to all other powers granted by ss. 27.16 to
1327.165, a district may do all of the following:
AB784,47,14 14(1) Adopt and alter an official seal.
AB784,47,15 15(2) Sue and be sued in its own name, and plead and be impleaded.
AB784,47,16 16(3) Maintain an office.
AB784,47,17 17(4) In connection with park facilities:
AB784,47,1918 (a) Acquire, develop, equip, maintain, improve, operate, and manage the park
19facilities.
AB784,47,2120 (b) Enter into contracts, subject to such standards as may be established by the
21board of directors.
AB784,47,2222 (c) Grant concessions.
AB784,47,2323 (d) Operate recreational facilities or programs.
AB784,47,2424 (e) Acquire by purchase, exchange, or donation land, or interests in land.
AB784,48,4
1(5) Employ personnel, and fix and regulate their compensation; and provide,
2either directly or subject to an agreement under s. 66.0301 as a participant in a
3benefit plan of the political subdivision, any employee benefits, including an
4employee pension plan.
AB784,48,7 5(6) Purchase insurance, establish and administer a plan of self-insurance, or,
6subject to an agreement with the political subdivision under s. 66.0301, participate
7in a governmental plan of insurance or self-insurance.
AB784,48,15 8(7) Adopt and enforce reasonable rules and regulations governing the use of,
9and the conduct within, its park facilities and recreational facilities in order to
10promote public safety and convenience and to maintain order. The district may
11establish civil penalties, including restitution and including forfeitures in an amount
12not to exceed $500 for each violation, for violations of the rules and regulations
13authorized under this section. The restitution or forfeiture may be recovered by the
14district in a civil action brought by the commission in the name of the district.
15Collected restitution and forfeitures shall be paid into the general fund of the district.
AB784,49,12 16(8) (a) To carry out its functions, levy a tax on the taxable property in the
17district, as equalized by the department of revenue under s. 70.57, at a rate not to
18exceed one mill on each dollar of the equalized full value of all taxable property in
19the district, except that the district may exceed the one-mill tax levy rate by
20resolution. No increase in the tax levy rate in excess of one mill is effective until the
21resolution is approved by a majority of the electors in the political subdivision voting
22on the resolution at a referendum, to be held at the first regular election or special
23election held throughout the district that is held at least 45 days after the date of
24adoption of the resolution. The question submitted shall be whether the property tax
25levy for the district may be increased by a specified amount. The clerk of the district

1shall publish the notices required under s. 10.06 (4) (c), (f), and (i) for any referendum
2held under this subsection. Notwithstanding s. 10.06 (4) (c), the type A notice under
3s. 10.01 (2) (a) relating to the referendum is valid even if given and published late as
4long as it is given and published prior to the election as early as practicable. If a board
5of directors adopts a resolution that increases the property tax levy rate in excess of
6one mill for the district, or in excess of the amount allowed under par. (d) 1., and the
7resolution is approved by the electors, the district clerk shall deliver a certified copy
8of the resolution to the secretary of revenue at least 30 days before its effective date.
9The tax levy rate shall be applied to the respective real property and personal
10property tax rolls of the city, village, town, and county included in the district and
11shall not be included within any limitation on county or municipality taxes.
12Collected taxes levied under this paragraph shall be paid to the district treasurer.
AB784,49,1613 (b) The initial operating levy of a district shall be imposed by the commission
14in December of the year preceding the January 1 on which the district is created
15under s. 27.161 (5). The initial levy shall be imposed in an amount that equals as
16closely as possible the greater of the following:
AB784,49,2017 1. The total operating levy, of all political subdivisions whose park facilities are
18included in the district, that is attributable to park and recreational purposes for the
19fiscal year in which either the final enabling resolution is adopted under s. 27.161
20(2) or the final referendum is held under s. 27.161 (3).
AB784,49,2421 2. The total operating levy, of all political subdivisions whose park facilities are
22included in the district, that is attributable to park and recreational purposes for the
23fiscal year before the fiscal year in which either the final enabling resolution is
24adopted under s. 27.161 (2) or the final referendum is held under s. 27.161 (3).
AB784,50,5
1(c) For the year in which a commission imposes its initial operating levy under
2par. (b), each sponsoring political subdivision shall reduce its operating levy by the
3amount that the sponsoring political subdivision levied in the previous year for park
4and recreational purposes, to the extent that those functions have been assumed by
5the district.
AB784,50,136 (d) 1. In addition to the limits on the tax levy rate increase in par. (a), and except
7as provided in subd. 2., the district may not increase its levy in 2007 or 2008 by a
8percentage that exceeds a percentage equal to the greater of either the percentage
9change in the district's January 1 equalized value due to new construction less
10improvements removed between the previous year and the current year or, for 2007,
113.86 percent, or for 2008, 2 percent. The base amount in any year, to which the limit
12under this subsection applies, shall be the maximum allowable levy for the
13immediately preceding year.
AB784,50,2514 2. A district may exceed the levy increase limit under subd. 1. if the commission
15adopts a resolution to that effect and if the resolution is approved in a referendum,
16following the procedures specified in par. (a), to the extent that those procedures are
17not inconsistent with the procedures specified in this subdivision. The resolution
18shall specify the proposed amount of increase in the levy beyond the amount that is
19allowed subd. 1. and shall specify whether the proposed amount of increase is for the
20next fiscal year only or if it will apply on an ongoing basis. With regard to a
21referendum relating to an odd-numbered year, the political subdivision may call a
22special referendum for the purpose of submitting the resolution to the electors of the
23political subdivision for approval or rejection. With regard to a referendum relating
24to an even-numbered year, the referendum shall be held at the next succeeding
25spring primary or election or September primary or general election.
AB784,51,5
13. The levy increase limit otherwise applicable to the district under this
2subsection is increased in the next fiscal year by the percentage approved by a
3majority of those voting on the question. If the resolution specifies that the increase
4is for one year only, the amount of the increase shall be subtracted from the base used
5to calculate the limit for the 2nd succeeding fiscal year.
AB784,51,7 6(9) Accept gifts and other aid, which may be used only for the following
7purposes:
AB784,51,88 (a) Maintaining the park facilities.
AB784,51,99 (b) Operating the park facilities.
AB784,51,1010 (c) Making capital improvements to the park facilities.
AB784,51,12 11(10) Administer the receipt of revenues, and oversee the payment of bills or
12other debts incurred by the district.
AB784,51,13 13(11) Adopt a resolution to impose impact fees under s. 66.0617.
AB784,51,14 14(12) Issue debt under ch. 67 only for capital improvements to park facilities.
AB784,51,17 15(13) Impose user fees for the use of district facilities and programs. The district
16may impose different fees based on whether the user resides within the district's
17jurisdiction.
AB784, s. 79 18Section 79. 27.164 of the statutes is created to read:
AB784,51,24 1927.164 Local park districts; powers and duties of, and limitations on,
20political subdivisions.
(1) Except as otherwise provided in this section, the
21governing bodies of each political subdivision that make up the jurisdiction of the
22district may not create a park or expend any funds to support a park or recreational
23facilities, or impose an impact fee under s. 66.0617 for park facilities, after the
24imposition of the taxes described under s. 27.163 (8).
AB784,52,2
1(2) In addition to any powers that it may otherwise have, a political subdivision
2located wholly or partly within a district's jurisdiction may do any of the following:
AB784,52,43 (a) Make loans to a district upon terms that the political subdivision considers
4appropriate.
AB784,52,65 (b) Lease or transfer property to a district upon terms that the political
6subdivision considers appropriate.
AB784, s. 80 7Section 80. 27.165 of the statutes is created to read:
AB784,52,11 827.165 Local park districts; dissolution. (1) Dissolution. In addition to
9a district being dissolved upon a withdrawal, as described in s. 27.161 (9), the
10commission may also vote to dissolve a district. If a district is dissolved, on the date
11the dissolution becomes effective all of the following apply:
AB784,52,1512 (a) All assets and liabilities of the district shall be apportioned to, and become
13the assets and liabilities of, the sponsoring or participating political subdivisions and
14the governing bodies of any political subdivisions that joined the district under s.
1527.162.
AB784,52,2116 (b) All positions of the district, and the incumbent employees occupying those
17positions, become positions and employees of the political subdivisions described
18under par. (a), as apportioned by the commission. Employees so transferred have all
19the rights under subch. I of ch. 63, subch. IV of ch. 111, s. 59.52 (8), and s. 66.0509
20that they enjoyed as employees of the district. No employee so transferred who has
21attained permanent status in class is required to serve a probationary period.
AB784,52,2422 (c) All real property and all tangible personal property of the district is
23transferred to the political subdivisions described under par. (a), as apportioned by
24the commission.
AB784,53,5
1(d) All contracts entered into by the district remain in effect and are transferred
2to the political subdivisions described under par. (a), as apportioned by the
3commission. The political subdivisions shall carry out any obligations under such
4a contract until the contract is modified or rescinded by the political subdivisions, to
5the extent allowed under the contract.
AB784,53,106 (e) Any matter pending with the district is transferred to the political
7subdivisions described under par. (a), as apportioned by the commission and all
8materials submitted to or actions taken by the district with respect to park and
9recreational functions are considered as having been submitted to or taken by the
10political subdivisions.
AB784,53,1211 (f) In apportioning property under par. (c), the commission shall consider at
12least all of the following factors:
AB784,53,1413 1. The current value of park facilities transferred by a political subdivision to
14a district.
AB784,53,1615 2. The amount of money contributed to the district during its existence by a
16political subdivision under s. 27.163 (8).
AB784,53,1817 3. The amount of any other contribution made by a political subdivision to a
18district, including any contribution that is made under s. 27.164 (2).
AB784,53,22 19(2) Arbitration. In the event that a question arises concerning the application
20of sub. (1) or s. 27.161 (6) to any situation, the question shall be resolved by the
21arbitrator selected under the procedure in s. 27.161 (5) (b) 2., subject to any
22applicable law.
AB784, s. 81 23Section 81. 30.277 (1b) (a) of the statutes is amended to read:
AB784,54,3
130.277 (1b) (a) "Governmental unit" means a city, a village, a town, a county,
2a local park district created under s. 27.161,
or the Kickapoo reserve management
3board.
AB784, s. 82 4Section 82. 40.02 (28) of the statutes, as affected by 2007 Wisconsin Act 20,
5is amended to read:
AB784,54,156 40.02 (28) "Employer" means the state, including each state agency, any
7county, city, village, town, school district, other governmental unit or
8instrumentality of 2 or more units of government now existing or hereafter created
9within the state, any federated public library system established under s. 43.19
10whose territory lies within a single county with a population of 500,000 or more, a
11local exposition district created under subch. II of ch. 229, a local park district created
12under s. 27.161,
and a long-term care district created under s. 46.2895, except as
13provided under ss. 40.51 (7) and 40.61 (3) and subch. X. "Employer" does not include
14a local cultural arts district created under subch. V of ch. 229. Each employer shall
15be a separate legal jurisdiction for OASDHI purposes.
AB784, s. 83 16Section 83. 40.02 (28) of the statutes, as affected by 1999 Wisconsin Act 65 and
172007 Wisconsin Act .... (this act), is repealed and recreated to read:
AB784,55,218 40.02 (28) "Employer" means the state, including each state agency, any
19county, city, village, town, school district, other governmental unit or
20instrumentality of 2 or more units of government now existing or hereafter created
21within the state, any federated public library system established under s. 43.19
22whose territory lies within a single county with a population of 500,000 or more, a
23local exposition district created under subch. II of ch. 229, a local park district created
24under s. 27.161, and a long-term care district created under s. 46.2895, except as
25provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local

1cultural arts district created under subch. V of ch. 229. Each employer shall be a
2separate legal jurisdiction for OASDHI purposes.
AB784, s. 84 3Section 84. 66.0301 (1) (a) of the statutes, as affected by 2007 Wisconsin Acts
420
and 43, is amended to read:
AB784,55,175 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section
6"municipality" means the state or any department or agency thereof, or any city,
7village, town, county, school district, public library system, public inland lake
8protection and rehabilitation district, sanitary district, farm drainage district,
9metropolitan sewerage district, sewer utility district, solid waste management
10system created under s. 59.70 (2), local exposition district created under subch. II of
11ch. 229, local professional baseball park district created under subch. III of ch. 229,
12local professional football stadium district created under subch. IV of ch. 229, a local
13cultural arts district created under subch. V of ch. 229, local park district created
14under s. 27.161,
long-term care district under s. 46.2895, water utility district,
15mosquito control district, municipal electric company, county or city transit
16commission, commission created by contract under this section, taxation district,
17regional planning commission, or city-county health department.
AB784, s. 85 18Section 85. 66.0617 (1) (a) of the statutes is amended to read:
AB784,56,319 66.0617 (1) (a) "Capital costs" means the capital costs to construct, expand, or
20improve public facilities, including the cost of land, and including legal, engineering,
21and design costs to construct, expand, or improve public facilities, except that not
22more than 10% 10 percent of capital costs may consist of legal, engineering, and
23design costs unless the municipality or local park district can demonstrate that its
24legal, engineering, and design costs which relate directly to the public improvement
25for which the impact fees were imposed exceed 10% 10 percent of capital costs.

1"Capital costs" does not include other noncapital costs to construct, expand, or
2improve public facilities, vehicles; or the costs of equipment to construct, expand, or
3improve public facilities.
AB784, s. 86 4Section 86. 66.0617 (1) (am) of the statutes is created to read:
AB784,56,65 66.0617 (1) (am) "Local park district" has the meaning given for district in s.
627.16 (4).
AB784, s. 87 7Section 87. 66.0617 (1) (c) of the statutes is amended to read:
AB784,56,108 66.0617 (1) (c) "Impact fees" means cash contributions, contributions of land
9or interests in land, or any other items of value that are imposed on a developer by
10a municipality or a local park district under this section.
AB784, s. 88 11Section 88. 66.0617 (1) (d) of the statutes is amended to read:
AB784,56,1612 66.0617 (1) (d) "Land development" means the construction or modification of
13improvements to real property that creates additional residential dwelling units
14within a municipality or local park district or that results in nonresidential uses that
15create a need for new, expanded, or improved public facilities within a municipality
16or local park district.
AB784, s. 89 17Section 89. 66.0617 (1) (g) of the statutes is amended to read:
AB784,56,1918 66.0617 (1) (g) "Service area" means a geographic area delineated by a
19municipality or local park district within which there are public facilities.
AB784, s. 90 20Section 90. 66.0617 (1) (h) of the statutes is amended to read:
AB784,56,2321 66.0617 (1) (h) "Service standard" means a certain quantity or quality of public
22facilities relative to a certain number of persons, parcels of land , or other appropriate
23measure, as specified by the municipality or local park district.
AB784, s. 91 24Section 91. 66.0617 (2) (a) of the statutes is amended to read:
AB784,57,4
166.0617 (2) (a) A Subject to par. (am), a municipality may enact an ordinance
2under this section, and a local park district may adopt a resolution under this section,
3that imposes impact fees on developers to pay for the capital costs that are necessary
4to accommodate land development.
AB784, s. 92 5Section 92. 66.0617 (2) (am) of the statutes is created to read:
AB784,57,76 66.0617 (2) (am) No local park district may impose an impact fee under this
7section for any purpose other than park facilities, as defined in s. 27.16 (7).
AB784, s. 93 8Section 93. 66.0617 (3) of the statutes is amended to read:
AB784,57,159 66.0617 (3) Public hearing; notice. Before enacting an ordinance or adopting
10a resolution
that imposes impact fees, or amending an existing ordinance or
11resolution
that imposes impact fees, a municipality or a local park district shall hold
12a public hearing on the proposed ordinance or amendment. Notice of the public
13hearing shall be published as a class 1 notice under ch. 985, and shall specify where
14a copy of the proposed ordinance or amendment and the public facilities needs
15assessment may be obtained.
AB784, s. 94 16Section 94. 66.0617 (4) (a) (intro.) of the statutes is amended to read:
AB784,57,2317 66.0617 (4) (a) (intro.) Before enacting an ordinance or adopting a resolution
18that imposes impact fees or amending an ordinance or resolution that imposes
19impact fees by revising the amount of the fee or altering the public facilities for which
20impact fees may be imposed, a municipality or a local park district shall prepare a
21needs assessment for the public facilities for which it is anticipated that impact fees
22may be imposed. The public facilities needs assessment shall include, but not be
23limited to, the following:
AB784, s. 95 24Section 95. 66.0617 (4) (b) of the statutes is amended to read:
AB784,58,5
166.0617 (4) (b) A public facilities needs assessment or revised public facilities
2needs assessment that is prepared under this subsection shall be available for public
3inspection and copying in the office of the clerk of the municipality or in the office of
4the secretary of the commission of the local park district
at least 20 days before the
5hearing under sub. (3).
AB784, s. 96 6Section 96. 66.0617 (5) of the statutes is amended to read:
AB784,58,97 66.0617 (5) Differential fees, impact fee zones. (a) An ordinance enacted or
8resolution adopted
under this section may impose different impact fees on different
9types of land development.
AB784,58,1710 (b) An ordinance enacted or resolution adopted under this section may
11delineate geographically defined zones within the municipality or local park district
12and may impose impact fees on land development in a zone that differ from impact
13fees imposed on land development in other zones within the municipality or local
14park district
. The public facilities needs assessment that is required under sub. (4)
15shall explicitly identify the differences, such as land development or the need for
16those public facilities, which justify the differences between zones in the amount of
17impact fees imposed.
AB784, s. 97 18Section 97. 66.0617 (6) (intro.) of the statutes is amended to read:
AB784,58,2019 66.0617 (6) Standards for impact fees. (intro.) Impact fees imposed by an
20ordinance enacted or resolution adopted under this section:
AB784, s. 98 21Section 98. 66.0617 (6) (b) of the statutes is amended to read:
AB784,58,2422 66.0617 (6) (b) May not exceed the proportionate share of the capital costs that
23are required to serve land development, as compared to existing uses of land within
24the municipality or local park district.
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