AB601-ASA1,27,1515 CHAPTER 229
AB601-ASA1,27,1816 subchapter vi
17 local park and
18 recreation districts
AB601-ASA1,27,19 19229.86 Definitions. In this subchapter:
AB601-ASA1,27,20 20(1) "Board of directors" means the board of directors of a district.
AB601-ASA1,27,24 21(2) "Chief executive officer" means, as to a sponsoring municipality or as to a
22municipality that is wholly within the jurisdiction of a district, the mayor or city
23manager of a city, the village president of a village, or the town board chairperson of
24a town.
AB601-ASA1,27,25 25(3) "District" means a special purpose district created under this subchapter.
AB601-ASA1,28,3
1(4) "Enabling resolution" means a resolution, or an amendment of a resolution,
2adopted by the governing body of a municipality and signed by the chief executive
3officer to create a district.
AB601-ASA1,28,5 4(5) "Municipal park facilities" means a public park or recreational facility,
5including improvements, that is owned by a municipality.
AB601-ASA1,28,9 6(6) "Municipality" means any city other than a city that has a majority of its
7territory located in a county with a population greater than 500,000; any village
8other than a village that has a majority of its territory located in a county with a
9population greater than 500,000; or any town.
AB601-ASA1,28,11 10(7) "Park facilities" means a public park or recreational facility, including
11improvements, that is owned by a district.
AB601-ASA1,28,13 12(8) "Sponsoring municipality" means any municipality that creates a district
13in combination with another municipality.
AB601-ASA1,28,18 14229.861 Creation, organization, and administration. (1) Subject to sub.
15(5), 2 or more municipalities may create a special purpose district that is a unit of
16government, that is a body corporate and politic, that is separate and distinct from,
17and independent of, the state and the sponsoring municipalities, and that has the
18powers under s. 229.863, if the sponsoring municipalities do all of the following:
AB601-ASA1,28,2019 (a) Adopt an enabling resolution, subject to sub. (2), that does all of the
20following:
AB601-ASA1,28,2121 1. Declares the need for establishing the district.
AB601-ASA1,28,2222 2. Contains findings of public purpose.
AB601-ASA1,28,2323 3. Contains a detailed description of the boundaries of the proposed district.
AB601-ASA1,28,2524 4. Declares an intention to negotiate with a county the termination of any
25agreement entered into under s. 27.075 (1), (2), or (4).
AB601-ASA1,29,2
1(b) File copies of the enabling resolution with the clerk of each municipality and
2county that is wholly or partly within the boundaries of the proposed district.
AB601-ASA1,29,7 3(2) Subject to sub. (5), a district shall consist of at least 2 municipalities. Each
4sponsoring municipality shall be identified in a substantially similar enabling
5resolution that is adopted by the governing body of each sponsoring municipality
6within a 90-day period beginning with the date of adoption of the first enabling
7resolution.
AB601-ASA1,29,9 8(3) A district consisting of 2 or more municipalities may also be created, subject
9to subs. (4) and (5), by a petition and referendum if all of the following occur:
AB601-ASA1,29,1410 (a) A petition that conforms to the requirements of s. 8.40, which contains a
11detailed description and scale map of the proposed district, on the question of the
12creation of a district is circulated on or after December 1 and filed not later than 5
13p.m. on the first Tuesday in January in each municipality that is within the
14boundaries of the proposed district.
AB601-ASA1,29,1715 (b) The petition is signed by a number of qualified electors residing in the
16municipality equal to at least 15% of the votes cast for governor in the municipality
17at the last gubernatorial election.
AB601-ASA1,29,1918 (c) The signed petition is filed with the clerk of each municipality in which the
19petition is circulated.
AB601-ASA1,30,7 20(4) If all of the steps in sub. (3) occur, each municipality in which petitions
21containing the requisite number of signatures are submitted to the clerk shall hold
22a referendum at the next succeeding spring election. Subject to sub. (5), if the
23question submitted at the referendum is approved by a majority of the electors who
24vote in the referendum at the spring election in at least 2 municipalities, a special
25purpose district that is a unit of government, that is a body corporate and politic, that

1is separate and distinct from, and independent of, the state and each municipality,
2and that has the powers under s. 229.863 is created, the boundaries of which include
3each municipality in which the question is approved. The referendum question shall
4be substantially as follows: "Shall a local park and recreation district, the territory
5of which includes in whole the .... [name of municipality], be created?" If a
6referendum question is not approved in at least 2 municipalities, no district may be
7created.
AB601-ASA1,30,14 8(5) (a) Before a district may be created, the governing bodies of each
9municipality that has adopted a resolution under sub. (1) or in which a referendum
10question has been approved under sub. (4) shall adopt a resolution or enact an
11ordinance, not later than September 1 of the year in which the resolution under sub.
12(1) or the referendum question is approved, that, subject to pars. (b) and (c), contains
13an agreement among each of the governing bodies which addresses at least all of the
14following provisions:
AB601-ASA1,30,1815 1. A mechanism that provides, from each of the municipalities, a loan of
16start-up funds for the initial operating costs of the district. The loaned start-up
17funds shall be sufficient to sustain the district until it receives the first amount of
18proceeds from a tax that is imposed under s. 229.863 (8).
AB601-ASA1,30,2119 2. A method of appointing temporary members to the board of directors under
20sub. (6) (am) to serve until the initial members are elected at the spring election and
21qualified to take office.
AB601-ASA1,30,2522 3. An apportionment plan for the election of the board of directors of the district
23board under sub. (6) (b), unless the governing bodies of all of the municipalities of
24which the district is initially comprised provide for the election of members of the
25board of directors without an apportionment plan.
AB601-ASA1,31,2
14. A method to transfer title of the municipal park facilities within their
2individual jurisdictions to the district.
AB601-ASA1,31,53 5. The maximum property tax levy rate that the district may impose under s.
4229.863 (8) (a). The maximum property tax levy rate may be no more than 1.4 mills
5for each dollar of the district's equalized valuation, as determined under s. 70.57.
AB601-ASA1,31,136 (b) 1. Before the municipalities may consider a resolution or ordinance that is
7described in par. (a), all of the municipalities shall enter into an agreement on the
8selection of an arbitrator who will decide any of the issues under par. (a) that are not
9resolved by the municipalities by September 1 of the year described under par. (a),
10except as provided in subd. 2. If the municipalities are unable to reach agreement
11on any of the items listed in par. (a), the arbitrator shall enter a binding decision,
12which resolves all such outstanding items, not later than November 1 of the year
13described under par. (a).
AB601-ASA1,31,1714 2. If the municipalities are unable to reach an agreement concerning whether
15the members of the board of directors shall be elected with or without an
16apportionment plan under sub. (6) (b), the board of directors shall be elected
17pursuant to an apportionment plan.
AB601-ASA1,31,2418 (c) Before the municipalities may consider a resolution or ordinance that is
19described under par. (a), each municipality that is subject to an agreement or
20contract with a county under s. 27.075 (1), (2), or (4) shall negotiate with the county
21the termination of any such agreements or contracts. If a municipality is unable to
22negotiate the termination of any agreements or contracts under s. 27.075, the
23municipality may not become part of a district until the agreements or contracts
24expire or are otherwise terminated.
AB601-ASA1,32,4
1(6) (a) 1. The district is governed by its board of directors. The board of directors
2may adopt bylaws to govern the district's activities, subject to this subchapter.
3Except as provided in s. 229.862, the board of directors shall consist of 9 members
4who are elected at-large.
AB601-ASA1,32,155 2. The board of directors shall be elected at the spring election pursuant to an
6apportionment plan under par. (b) unless the governing bodies of each of the
7municipalities of which the district is comprised by resolution determine, no later
8than November 1 preceding any spring election, that the members of the board of
9directors shall be elected at that election and thereafter without an apportionment
10plan. If the governing bodies of each municipality of which the district is comprised
11determine to elect members of the board of directors without an apportionment plan,
12the governing bodies may, no later than November 1 preceding a spring election, by
13resolution determine to elect members of the board of directors at that election and
14thereafter pursuant to an apportionment plan, if an identical plan is adopted by each
15of those governing bodies by that date.
AB601-ASA1,32,2016 3. The first election of members of the board of directors shall occur in April of
17the year following the year described in sub. (5) (a). Temporary members shall be
18appointed according to the agreement reached under sub. (5) (a) 2. or imposed by an
19arbitrator under sub. (5) (b) to serve until the initial members are elected at the
20spring election and qualified to take office.
AB601-ASA1,33,1021 (b) 1. Each apportionment plan shall divide the entire district into apportioned
22geographic areas for the election of members of the board of directors. The
23boundaries of the apportioned areas shall remain unchanged unless the governing
24bodies of each of the municipalities of which the district is comprised agree, by
25resolution adopted no later than November 1 preceding a spring election, to prescribe

1revised boundaries for the election of members of the board of directors at that
2election and thereafter, and except that, if a municipality becomes a part of the
3district after its creation, the governing bodies of the municipalities of which the
4district is comprised shall, by resolution, prescribe identical revised boundaries of
5the apportioned areas no later than September 1 preceding the first spring election
6at which members of the board of directors are to be elected from the new district.
7If the governing bodies are unable to reach an agreement concerning an identical
8apportionment plan by September 1 preceding that spring election, an arbitrator
9appointed pursuant to sub. (5) (b) 1. shall resolve the dispute no later than November
101 preceding that election.
AB601-ASA1,33,1411 2. If the members of the board of directors are elected pursuant to an
12apportionment plan, each candidate for member of the board of directors shall state
13on the face of his or her declaration of candidacy and nomination papers the
14apportioned area for which the candidate seeks office.
AB601-ASA1,33,2215 (c) Each member of the board of directors shall be a resident of the district and,
16if an apportionment plan for the election of members of the board of directors is used,
17shall be a resident of the apportioned area for which he or she is elected at the time
18that the member takes the oath of office. If a member of the board of directors who
19is elected from an apportioned area ceases to be a resident of that area after the
20beginning of his or her term of office but continues to be a resident of the district, the
21member may continue to serve for the remainder of the term for which he or she was
22elected or appointed.
AB601-ASA1,34,923 (d) The terms of the members of the board of directors shall be 3 years,
24beginning on the next succeeding first Monday in June, except that the terms of
25one-third of the initial persons elected or appointed to office shall expire on the first

1Monday in June that is one year following the next succeeding June; the terms of
2one-third of the initial persons elected or appointed to office shall expire on the first
3Monday in June that is 2 years following the next succeeding June; and the terms
4of one-third of the persons elected or appointed to office shall expire on the first
5Monday in June that is 3 years following the next succeeding June. Members of the
6board of directors may be removed from office before the expiration of their terms,
7for cause, as provided under s. 17.13 (3) and may be recalled as provided under s.
89.10. Vacancies in the office of member of the board of directors shall be filled as
9provided under s. 17.27 (1f).
AB601-ASA1,34,1410 (e) The board of directors shall elect from its membership a chairperson, a vice
11chairperson, a secretary, and a treasurer. A majority of the current membership of
12the board of directors constitutes a quorum to do business. The district may take
13action based on the affirmative vote of a majority of those directors who are present
14at a meeting of the board of directors.
AB601-ASA1,34,1915 (f) 1. The board of directors shall appoint a person to serve as clerk of the
16district. The clerk shall administer the affairs of the district, under the direction of
17the board of directors. Within 7 days after the appointment of any person to fill a
18vacancy on the board of directors, the clerk shall notify the person of his or her
19appointment.
AB601-ASA1,35,1520 2. No later than 5 p.m. on the 2nd Tuesday in January, the clerk shall certify
21to the county clerk of each county lying wholly or partially within the district the
22names of candidates who have filed valid nomination papers for member of the board
23of directors and who are eligible to have their names appear on the ballot under s.
248.30. If any municipality lying wholly or partially within the district prepares its
25own ballots under s. 7.15 (2) (c), the clerk shall similarly certify the names of

1candidates to the municipal clerk. In making these certifications, the clerk shall
2designate the form of each candidate's name to appear on the ballot in the manner
3prescribed under s. 7.08 (2) (a). If a primary is held for any seat on a board of
4directors, the clerk shall certify to the county clerk of each county lying wholly or
5partially within the district the names of candidates who have won nomination to the
6board of directors and who are eligible to have their names appear on the ballot under
7s. 8.30. If any municipality lying wholly or partially within the district prepares its
8own ballots under s. 7.15 (2) (c), the clerk shall similarly certify the names of
9candidates to the municipal clerk. The clerk shall notify the municipal clerk of each
10municipality lying wholly or partially within the district of any district election and
11furnish each municipal clerk with a copy of the notice of the district election. If paper
12ballots are utilized at a district election, the clerk shall provide each municipal clerk
13with an adequate supply of ballots for the election at least 22 days before the election.
14The clerk shall issue certificates of election to persons who are elected to the board
15of directors after each election in the manner provided under s. 7.53 (4).
AB601-ASA1,35,1716 (g) The members of the board of directors shall be reimbursed for their actual
17and necessary expenses incurred in the performance of their duties.
AB601-ASA1,35,2018 (h) Upon the election under par. (a) and qualification of a majority of the
19members of a board of directors, the board of directors may exercise the powers and
20duties of a board of directors under this subchapter.
AB601-ASA1,35,2121 (i) At its first meeting, the board of directors shall name the district.
AB601-ASA1,36,4 22(7) (a) The territory of a municipality may be in only one district. If a city or
23village whose territory is in one district annexes territory that contains park
24facilities that are located in a different district, that district shall transfer ownership
25of the park facilities that are located in the annexed territory to the district whose

1territory includes the annexing city or village. The park district which receives the
2annexed territory shall negotiate a settlement agreement with the park district from
3which the territory was annexed to compensate that park district for the park
4facilities that are transferred, based on at least all of the following factors:
AB601-ASA1,36,55 1. The current value of park facilities that are transferred.
AB601-ASA1,36,76 2. The amount of money or any other contribution made by the park district for
7the park facilities that are transferred.
AB601-ASA1,36,128 (b) If the park districts are unable to negotiate a settlement under par. (a)
9within 60 days after the effective date of the annexation that results in the transfer
10of territory, the districts shall agree on the selection of an arbitrator who shall decide
11the settlement amount, and send written notification of his or her decision to all
12parties, within 30 days after his or her appointment.
AB601-ASA1,36,1513 (c) A transfer of ownership under this subsection takes effect on the date on
14which a settlement is reached or the date on which an arbitrator sends written
15notification of his or her decision.
AB601-ASA1,36,22 16(8) (a) A municipality which is part of a district may withdraw from the district
17as provided in this subsection if the governing body of the municipality adopts a
18resolution declaring its intention to withdraw from the district and if the board of
19directors adopts a resolution approving the municipality's resolution. If a
20municipality withdraws from a district under this subsection, title to the park
21facilities that are located in the municipality shall be transferred from the district
22to the municipality.
AB601-ASA1,37,523 (b) If a municipality adopts a resolution declaring its intention to withdraw
24from the district and if the board of directors rejects the municipality's resolution, the
25board of directors shall call a referendum in the municipality for the purpose of

1submitting the municipality's resolution to the electors of the municipality for
2approval or rejection on the question of whether the municipality should withdraw
3from the district. The referendum shall be held at the next regular election to be held
4not earlier than 42 days after the municipality's resolution is rejected by the board
5of directors.
AB601-ASA1,37,156 (c) If a municipality adopts a resolution declaring its intention to withdraw
7from the district and if the board of directors approves the resolution or, if the board
8rejects the resolution but the resolution is approved in the referendum described
9under par. (b), the district shall dissolve as provided in s. 229.865 if only one
10municipality remains a part of the district after a municipality withdraws under this
11subsection. If more than one municipality remains a part of the district after a
12municipality withdraws, the municipality that withdraws and the board of directors
13shall negotiate a settlement agreement to compensate that park district for the park
14facilities that are located in the municipality, based on at least all of the following
15factors:
AB601-ASA1,37,1616 1. The current value of park facilities that are transferred.
AB601-ASA1,37,1817 2. The amount of money or any other contribution made by the park district for
18the park facilities that are transferred.
AB601-ASA1,37,2019 3. The amount of money or any other contribution made by the municipality
20for the park facilities that are transferred.
AB601-ASA1,38,321 (d) If the municipality and the park district are unable to negotiate a settlement
22under par. (c) within 60 days after the board of directors approves the resolution
23under par. (a) or within 60 days after the resolution is approved in the referendum
24described under par. (b), the municipality and the district shall agree on the selection
25of an arbitrator who shall decide the settlement amount, and send written

1notification of his or her decision to all parties, within 30 days after his or her
2appointment. The municipality shall comply with the arbitrator's decision during
3any court challenge to the decision.
AB601-ASA1,38,64 (e) A withdrawal under this subsection takes effect on the date on which a
5settlement is reached or the date on which an arbitrator sends written notification
6of his or her decision.
AB601-ASA1,38,22 7229.862 Jurisdiction and expansion. The initial jurisdiction of a district
8shall consist of the territory of all of the sponsoring municipalities that have acted
9under s. 229.861 (1) and (2) and all of the participating municipalities that have acted
10under s. 229.861 (3) in same year, or within 90 days after the adoption of the first
11enabling legislation that is described in s. 229.861 (1). The jurisdiction of the district
12may be expanded to include any other municipality under procedures adopted by the
13board of directors and consistent with an agreement entered into between the board
14of directors and the municipality. Under the terms of the agreement, the assets of
15the municipality to be included in the expanded jurisdiction shall be treated in a
16substantially similar manner as the assets of all other municipalities in the district.
17A district's jurisdiction may not be expanded unless the governing body of the
18municipality to be included in the expanded jurisdiction of the district approves the
19inclusion of the municipality in the district. Eligible electors of a municipality
20included in the expanded jurisdiction of a district may vote for members of the board
21of directors at the first election occurring after the effective date of the expansion at
22which members of the board of directors are elected.
AB601-ASA1,38,25 23229.863 Powers of district. A district has all of the powers necessary or
24convenient to carry out the purposes and provisions of this subchapter. In addition
25to all other powers granted by this subchapter, a district may do all of the following:
AB601-ASA1,39,1
1(1) Adopt and alter an official seal.
AB601-ASA1,39,2 2(2) Sue and be sued in its own name, and plead and be impleaded.
AB601-ASA1,39,3 3(3) Maintain an office.
AB601-ASA1,39,5 4(4) In connection with park facilities, consistent with a municipality's
5comprehensive plan under s. 66.1001 (1) (a):
AB601-ASA1,39,76 (a) Acquire, develop, equip, maintain, improve, operate, and manage the park
7facilities.
AB601-ASA1,39,98 (b) Enter into contracts, subject to such standards as may be established by the
9board of directors.
AB601-ASA1,39,1010 (c) Grant concessions.
AB601-ASA1,39,1111 (d) Operate recreational facilities or programs.
AB601-ASA1,39,15 12(5) Employ personnel, and fix and regulate their compensation; and provide,
13either directly or subject to an agreement under s. 66.0301 as a participant in a
14benefit plan of another municipality, any employee benefits, including an employee
15pension plan.
AB601-ASA1,39,18 16(6) Purchase insurance, establish and administer a plan of self-insurance, or,
17subject to an agreement with another political subdivision under s. 66.0301,
18participate in a governmental plan of insurance or self-insurance.
AB601-ASA1,39,21 19(7) Set standards governing the use of, and the conduct within, its park
20facilities and recreational facilities in order to promote public safety and convenience
21and to maintain order.
AB601-ASA1,40,4 22(8) (a) To carry out its functions, levy a tax on the taxable property in the
23district, as equalized by the department of revenue under s. 70.57. Except as
24provided in par. (b), the board of directors shall establish the tax levy rate, subject
25to the limitation under s. 229.861 (5) (a) 5. The tax levy shall be applied to the

1respective real property and personal property tax rolls of the city, village, and town
2included in the district and shall not be included within any limitation on county or
3municipality taxes. Collected taxes levied under this paragraph shall be paid to the
4district treasurer.
AB601-ASA1,40,225 (b) In any year, the board of directors may adopt a resolution to establish a tax
6levy rate that exceeds the tax levy rate limitation under s. 229.861 (5) (a) 5., except
7that such a tax levy rate may not take effect until the resolution is approved by a
8majority of the electors in the district's jurisdiction voting on the resolution at a
9referendum, to be held at the first spring primary, spring election, September
10primary, general election, or special election held throughout the district that is held
11at least 45 days after the date of adoption of the resolution. The question shall be
12submitted as follows: "The tax levy rate for the tax imposed in .... [name of the
13district] for purposes related to park facilities for the year .... [year] is $ .... per $1,000
14of equalized value. The maximum tax levy rate that .... [name of the district] may
15impose in any year is $ .... per $1,000 of equalized value. Shall the .... [name of the
16district] be allowed to exceed this maximum rate limit for .... [a specified number of
17years] [an indefinite period] by $ .... per $1,000 of equalized value, resulting in a tax
18levy rate of $ .... per $1,000 of equalized value?" The clerk of the district shall publish
19the notices required under s. 10.06 (4) (c), (f), and (i) for any referendum held under
20this paragraph. Notwithstanding s. 10.06 (4) (c), the type A notice under s. 10.01 (2)
21(a) relating to the referendum is valid even if given and published late as long as it
22is given and published prior to the election as early as practicable.
AB601-ASA1,40,24 23(9) Accept gifts and other aid, which may be used only for the following
24purposes:
AB601-ASA1,40,2525 (a) Maintaining the park facilities.
AB601-ASA1,41,1
1(b) Operating the park facilities.
AB601-ASA1,41,22 (c) Making capital improvements to the park facilities.
AB601-ASA1,41,4 3(10) Administer the receipt of revenues, and oversee the payment of bills or
4other debts incurred by the district.
AB601-ASA1,41,6 5(11) With regard to the elected members of the board of directors, change any
6decision imposed by an arbitrator under s. 229.861 (5) (b).
AB601-ASA1,41,7 7(12) Adopt a resolution to impose impact fees under s. 66.0617.
AB601-ASA1,41,8 8(13) Issue debt under ch. 67 only for capital improvements to park facilities.
AB601-ASA1,41,12 9229.864 Powers and duties of, and limitations on, municipalities. (1)
10The number of members of the board of directors specified in s. 229.861 (6) (a) may
11be changed only by an agreement that is approved unanimously by the governing
12bodies of each municipality that makes up the jurisdiction of the district.
AB601-ASA1,41,17 13(2) Except as otherwise provided in this section, the governing bodies of each
14municipality that makes up the jurisdiction of the district may not create a park or
15expend any funds to support municipal park facilities, impose an impact fee under
16s. 66.0617 for municipal park facilities, or impose fees in lieu of land dedications
17under ch. 236 after the imposition of the taxes described under s. 229.863 (8).
AB601-ASA1,41,19 18(3) In addition to any powers that it may otherwise have, a municipality located
19wholly or partly within a district's jurisdiction may do any of the following:
AB601-ASA1,41,2120 (a) Make loans to a district upon terms that the municipality considers
21appropriate.
AB601-ASA1,41,2322 (b) Lease or transfer property to a district upon terms that the municipality
23considers appropriate.
AB601-ASA1,42,4 24229.865 Dissolution of district. Subject to providing for the payment of its
25debts, and the performance of its other contractual obligations, a district may be

1dissolved by the action of the board of directors. If the district is dissolved, the board
2of directors shall certify to the department of revenue that the district is dissolved,
3and the property of the district shall be transferred to the municipalities in the
4jurisdiction by the board of directors, based on at least all of the following factors:
AB601-ASA1,42,6 5(1) The current value of park facilities transferred by a municipality to a
6district.
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