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.
AB784, s. 99 25Section 99. 66.0617 (6) (h) of the statutes is created to read:
AB784,59,2
166.0617 (6) (h) Shall be payable by the developer to the local park district either
2in full or in installment payments that are approved by the local park district.
AB784, s. 100 3Section 100. 66.0617 (7) of the statutes is amended to read:
AB784,59,104 66.0617 (7) Low-cost housing. An ordinance enacted or resolution adopted
5under this section may provide for an exemption from, or a reduction in the amount
6of, impact fees on land development that provides low-cost housing, except that no
7amount of an impact fee for which an exemption or reduction is provided under this
8subsection may be shifted to any other development in the land development in
9which the low-cost housing is located or to any other land development in the
10municipality or local park district.
AB784, s. 101 11Section 101. 66.0617 (8) of the statutes is amended to read:
AB784,59,1712 66.0617 (8) Requirements for impact fee revenues. Revenues from each
13impact fee that is imposed shall be placed in a separate segregated interest-bearing
14account and shall be accounted for separately from the other funds of the
15municipality or local park district. Impact fee revenues and interest earned on
16impact fee revenues may be expended only for the particular capital costs for which
17the impact fee was imposed, unless the fee is refunded under sub. (9).
AB784, s. 102 18Section 102. 66.0617 (9) (a) and (b) of the statutes, as affected by 2007
19Wisconsin Act 44
, are amended to read:
AB784,60,820 66.0617 (9) (a) Subject to pars. (b), (c), and (d), with regard to an impact fee that
21is collected after April 10, 2006, an ordinance enacted or resolution adopted under
22this section shall specify that impact fees that are collected by a municipality or local
23park district
within 7 years of the effective date of the ordinance, but are not used
24within 10 years after the effective date of the ordinance to pay the capital costs for
25which they were imposed, shall be refunded to the current owner of the property with

1respect to which the impact fees were imposed, along with any interest that has
2accumulated, as described in sub. (8). The ordinance or resolution shall specify, by
3type of public facility, reasonable time periods within which impact fees must be
4spent or refunded under this subsection, subject to the 10-year limit in this
5paragraph and the extended time period specified in par. (b). In determining the
6length of the time periods under the ordinance, a municipality or local park district
7shall consider what are appropriate planning and financing periods for the
8particular types of public facilities for which the impact fees are imposed.
AB784,60,159 (b) The 10-year time limit for using impact fees that is specified under par. (a)
10may be extended for 3 years if the municipality or local park district adopts a
11resolution stating that, due to extenuating circumstances or hardship in meeting the
1210-year limit, it needs an additional 3 years to use the impact fees that were
13collected. The resolution shall include detailed written findings that specify the
14extenuating circumstances or hardship that led to the need to adopt a resolution
15under this paragraph.
AB784, s. 103 16Section 103. 66.0617 (10) of the statutes is amended to read:
AB784,60,2217 66.0617 (10) Appeal. A municipality that enacts an impact fee ordinance under
18this section shall, by ordinance, and a local park district that adopts an impact fee
19resolution under this section shall, by resolution,
specify a procedure under which
20a developer upon whom an impact fee is imposed has the right to contest the amount,
21collection, or use of the impact fee to the governing body of the municipality or local
22park district
.
AB784, s. 104 23Section 104. 67.01 (5) of the statutes is amended to read:
AB784,61,624 67.01 (5) "Municipality" means any of the following which is authorized to levy
25a tax: a county, city, village, town, school district, board of park commissioners,

1technical college district, metropolitan sewerage district created under ss. 200.01 to
2200.15 or 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, local park
3district created under s. 27.161,
public inland lake protection and rehabilitation
4district established under s. 33.23, 33.235, or 33.24 , and any other public body
5empowered to borrow money and issue obligations to repay the money out of public
6funds or revenues. "Municipality" does not include the state.
AB784, s. 105 7Section 105. 70.11 (37m) of the statutes is created to read:
AB784,61,98 70.11 (37m) Local park and recreation district. The property of a local park
9district under s. 27.161.
AB784, s. 106 10Section 106. 71.26 (1) (bm) of the statutes is amended to read:
AB784,61,1511 71.26 (1) (bm) Certain local districts. Income of a local exposition district
12created under subch. II of ch. 229, a local professional baseball park district created
13under subch. III of ch. 229, a local professional football stadium district created
14under subch. IV of ch. 229, or a local cultural arts district created under subch. V of
15ch. 229, or a local park district created under s. 27.161.
AB784, s. 107 16Section 107. 77.25 (18m) of the statutes is created to read:
AB784,61,1717 77.25 (18m) To a local park district under s. 27.161.
AB784, s. 108 18Section 108. 77.54 (9a) (j) of the statutes is created to read:
AB784,61,1919 77.54 (9a) (j) A local park district under s. 27.161.
AB784, s. 109 20Section 109. 350.01 (2m) of the statutes is created to read:
AB784,61,2321 350.01 (2m) "Local park district" means a local park district created under s.
2227.161 by one or more counties but not with the participation of any city, village, or
23town.
AB784, s. 110 24Section 110. 350.01 (9j) of the statutes is created to read:
AB784,62,2
1350.01 (9j) "Local park district" means a local park district created under s.
227.161.
AB784, s. 111 3Section 111. 350.01 (11m) of the statutes is amended to read:
AB784,62,64 350.01 (11m) "Sanctioned race or derby" means a competitive snowmobile
5event sponsored by a county, local park district, town, city, or village, by a promoter,
6by a chamber of commerce, or by a snowmobile club or other similar organization.
AB784, s. 112 7Section 112. 350.04 (3) (a) of the statutes is amended to read:
AB784,62,118 350.04 (3) (a) No county, town, city or , village, or local park district shall be
9liable for any injury suffered in connection with a race or derby under this section,
10unless the injury is caused by the negligence of the county, town, city or, village, or
11local park district
.
AB784, s. 113 12Section 113. 350.04 (3) (b) of the statutes is amended to read:
AB784,62,1613 350.04 (3) (b) The county, town, city or , village, or local park district shall post
14the provisions of par. (a) in a conspicuous place, readily accessible to all contestants
15and spectators, and shall assist in locating and identifying persons responsible for
16injuries that may occur.
AB784, s. 114 17Section 114. 350.12 (4) (b) 1. of the statutes is amended to read:
AB784,63,618 350.12 (4) (b) 1. State aids and funds for maintenance costs shall be 100% 100
19percent
of the actual cost of maintaining the trail per year up to a $250 per mile per
20year maximum, except as provided in pars. (bg) to (br). Qualifying trails are trails
21approved by the board as snowmobile trails. State aid for development may equal
22100% 100 percent of development expenses. Aids for major reconstruction or
23rehabilitation projects to improve bridges may equal 100% 100 percent of eligible
24costs. Aids for trail rehabilitation may equal 100% 100 percent of eligible costs.
25Development shall begin the same year the land is acquired. Moneys available for

1development shall be distributed on a 100% 100 percent grant basis, 75% 75 percent
2at the time of approval but no later than January 1 and 25% 25 percent upon
3completion of the project. A county An application from a county or a local park
4district
may include a request for development, rehabilitation or maintenance of
5trails, or any combination thereof. Trail routes, sizes and specifications shall be
6prescribed only by the board.
AB784, s. 115 7Section 115. 350.12 (4) (b) 3. of the statutes is amended to read:
AB784,63,178 350.12 (4) (b) 3. Not more than $30,000 for a route signing program of aids to
9cities, villages, towns or, counties , or local park districts of up to 100% 100 percent
10of the cost of initial signing of snowmobile routes which connect authorized
11snowmobile trails or which offer entrance to or exit from snowmobile trails leading
12to such municipalities the cities, village, towns, or counties. Aid may be provided
13under this subdivision to cities, villages, towns and , counties and local park districts
14for up to 100% 100 percent of the cost of placing signs developed under s. 350.108 (1)
15(b) which briefly explain the intoxicated snowmobiling law along snowmobile routes.
16Applications and documentation shall be submitted to the department by April 15
17of each year on forms prescribed by departmental rule.
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