AB784: Bill Text

AB784,47,21 (b) Enter into contracts, subject to such standards as may be established by the board of directors.

AB784,47,22 (c) Grant concessions.

AB784,47,23 (d) Operate recreational facilities or programs.

AB784,47,24 (e) Acquire by purchase, exchange, or donation land, or interests in land.

AB784,48,4 (5) Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.0301 as a participant in a benefit plan of the political subdivision, any employee benefits, including an employee pension plan.

AB784,48,7 (6) Purchase insurance, establish and administer a plan of self-insurance, or, subject to an agreement with the political subdivision under s. 66.0301, participate in a governmental plan of insurance or self-insurance.

AB784,48,15 (7) Adopt and enforce reasonable rules and regulations governing the use of, and the conduct within, its park facilities and recreational facilities in order to promote public safety and convenience and to maintain order. The district may establish civil penalties, including restitution and including forfeitures in an amount not to exceed $500 for each violation, for violations of the rules and regulations authorized under this section. The restitution or forfeiture may be recovered by the district in a civil action brought by the commission in the name of the district. Collected restitution and forfeitures shall be paid into the general fund of the district.

AB784,49,12 (8) (a) To carry out its functions, levy a tax on the taxable property in the district, as equalized by the department of revenue under s. 70.57, at a rate not to exceed one mill on each dollar of the equalized full value of all taxable property in the district, except that the district may exceed the one-mill tax levy rate by resolution. No increase in the tax levy rate in excess of one mill is effective until the resolution is approved by a majority of the electors in the political subdivision voting on the resolution at a referendum, to be held at the first regular election or special election held throughout the district that is held at least 45 days after the date of adoption of the resolution. The question submitted shall be whether the property tax levy for the district may be increased by a specified amount. The clerk of the district shall publish the notices required under s. 10.06 (4) (c), (f), and (i) for any referendum held under this subsection. Notwithstanding s. 10.06 (4) (c), the type A notice under s. 10.01 (2) (a) relating to the referendum is valid even if given and published late as long as it is given and published prior to the election as early as practicable. If a board of directors adopts a resolution that increases the property tax levy rate in excess of one mill for the district, or in excess of the amount allowed under par. (d) 1., and the resolution is approved by the electors, the district clerk shall deliver a certified copy of the resolution to the secretary of revenue at least 30 days before its effective date. The tax levy rate shall be applied to the respective real property and personal property tax rolls of the city, village, town, and county included in the district and shall not be included within any limitation on county or municipality taxes. Collected taxes levied under this paragraph shall be paid to the district treasurer.

AB784,49,16 (b) The initial operating levy of a district shall be imposed by the commission in December of the year preceding the January 1 on which the district is created under s. 27.161 (5). The initial levy shall be imposed in an amount that equals as closely as possible the greater of the following:

AB784,49,20 1. The total operating levy, of all political subdivisions whose park facilities are included in the district, that is attributable to park and recreational purposes for the fiscal year in which either the final enabling resolution is adopted under s. 27.161 (2) or the final referendum is held under s. 27.161 (3).

AB784,49,24 2. The total operating levy, of all political subdivisions whose park facilities are included in the district, that is attributable to park and recreational purposes for the fiscal year before the fiscal year in which either the final enabling resolution is adopted under s. 27.161 (2) or the final referendum is held under s. 27.161 (3).

AB784,50,5 (c) For the year in which a commission imposes its initial operating levy under par. (b), each sponsoring political subdivision shall reduce its operating levy by the amount that the sponsoring political subdivision levied in the previous year for park and recreational purposes, to the extent that those functions have been assumed by the district.

AB784,50,13 (d) 1. In addition to the limits on the tax levy rate increase in par. (a), and except as provided in subd. 2., the district may not increase its levy in 2007 or 2008 by a percentage that exceeds a percentage equal to the greater of either the percentage change in the district's January 1 equalized value due to new construction less improvements removed between the previous year and the current year or, for 2007, 3.86 percent, or for 2008, 2 percent. The base amount in any year, to which the limit under this subsection applies, shall be the maximum allowable levy for the immediately preceding year.

AB784,50,25 2. A district may exceed the levy increase limit under subd. 1. if the commission adopts a resolution to that effect and if the resolution is approved in a referendum, following the procedures specified in par. (a), to the extent that those procedures are not inconsistent with the procedures specified in this subdivision. The resolution shall specify the proposed amount of increase in the levy beyond the amount that is allowed subd. 1. and shall specify whether the proposed amount of increase is for the next fiscal year only or if it will apply on an ongoing basis. With regard to a referendum relating to an odd-numbered year, the political subdivision may call a special referendum for the purpose of submitting the resolution to the electors of the political subdivision for approval or rejection. With regard to a referendum relating to an even-numbered year, the referendum shall be held at the next succeeding spring primary or election or September primary or general election.

AB784,51,5 3. The levy increase limit otherwise applicable to the district under this subsection is increased in the next fiscal year by the percentage approved by a majority of those voting on the question. If the resolution specifies that the increase is for one year only, the amount of the increase shall be subtracted from the base used to calculate the limit for the 2nd succeeding fiscal year.

AB784,51,7 (9) Accept gifts and other aid, which may be used only for the following purposes:

AB784,51,8 (a) Maintaining the park facilities.

AB784,51,9 (b) Operating the park facilities.

AB784,51,10 (c) Making capital improvements to the park facilities.

AB784,51,12 (10) Administer the receipt of revenues, and oversee the payment of bills or other debts incurred by the district.

AB784,51,13 (11) Adopt a resolution to impose impact fees under s. 66.0617.

AB784,51,14 (12) Issue debt under ch. 67 only for capital improvements to park facilities.

AB784,51,17 (13) Impose user fees for the use of district facilities and programs. The district may impose different fees based on whether the user resides within the district's jurisdiction.

AB784, s. 79 Section 79. 27.164 of the statutes is created to read:

AB784,51,24 27.164 Local park districts; powers and duties of, and limitations on, political subdivisions. (1) Except as otherwise provided in this section, the governing bodies of each political subdivision that make up the jurisdiction of the district may not create a park or expend any funds to support a park or recreational facilities, or impose an impact fee under s. 66.0617 for park facilities, after the imposition of the taxes described under s. 27.163 (8).

AB784,52,2 (2) In addition to any powers that it may otherwise have, a political subdivision located wholly or partly within a district's jurisdiction may do any of the following:

AB784,52,4 (a) Make loans to a district upon terms that the political subdivision considers appropriate.

AB784,52,6 (b) Lease or transfer property to a district upon terms that the political subdivision considers appropriate.

AB784, s. 80 Section 80. 27.165 of the statutes is created to read:

AB784,52,11 27.165 Local park districts; dissolution. (1) Dissolution. In addition to a district being dissolved upon a withdrawal, as described in s. 27.161 (9), the commission may also vote to dissolve a district. If a district is dissolved, on the date the dissolution becomes effective all of the following apply:

AB784,52,15 (a) All assets and liabilities of the district shall be apportioned to, and become the assets and liabilities of, the sponsoring or participating political subdivisions and the governing bodies of any political subdivisions that joined the district under s. 27.162.

AB784,52,21 (b) All positions of the district, and the incumbent employees occupying those positions, become positions and employees of the political subdivisions described under par. (a), as apportioned by the commission. Employees so transferred have all the rights under subch. I of ch. 63, subch. IV of ch. 111, s. 59.52 (8), and s. 66.0509 that they enjoyed as employees of the district. No employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB784,52,24 (c) All real property and all tangible personal property of the district is transferred to the political subdivisions described under par. (a), as apportioned by the commission.

AB784,53,5 (d) All contracts entered into by the district remain in effect and are transferred to the political subdivisions described under par. (a), as apportioned by the commission. The political subdivisions shall carry out any obligations under such a contract until the contract is modified or rescinded by the political subdivisions, to the extent allowed under the contract.

AB784,53,10 (e) Any matter pending with the district is transferred to the political subdivisions described under par. (a), as apportioned by the commission and all materials submitted to or actions taken by the district with respect to park and recreational functions are considered as having been submitted to or taken by the political subdivisions.

AB784,53,12 (f) In apportioning property under par. (c), the commission shall consider at least all of the following factors:

AB784,53,14 1. The current value of park facilities transferred by a political subdivision to a district.

AB784,53,16 2. The amount of money contributed to the district during its existence by a political subdivision under s. 27.163 (8).

AB784,53,18 3. The amount of any other contribution made by a political subdivision to a district, including any contribution that is made under s. 27.164 (2).

AB784,53,22 (2) Arbitration. In the event that a question arises concerning the application of sub. (1) or s. 27.161 (6) to any situation, the question shall be resolved by the arbitrator selected under the procedure in s. 27.161 (5) (b) 2., subject to any applicable law.

AB784, s. 81 Section 81. 30.277 (1b) (a) of the statutes is amended to read:

AB784,54,3 30.277 (1b) (a) "Governmental unit" means a city, a village, a town, a county, a local park district created under s. 27.161, or the Kickapoo reserve management board.

AB784, s. 82 Section 82. 40.02 (28) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB784,54,15 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a local park district created under s. 27.161, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3) and subch. X. "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB784, s. 83 Section 83. 40.02 (28) of the statutes, as affected by 1999 Wisconsin Act 65 and 2007 Wisconsin Act .... (this act), is repealed and recreated to read:

AB784,55,2 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a local park district created under s. 27.161, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB784, s. 84 Section 84. 66.0301 (1) (a) of the statutes, as affected by 2007 Wisconsin Acts 20 and 43, is amended to read:

AB784,55,17 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, local park district created under s. 27.161, long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, or city-county health department.

AB784, s. 85 Section 85. 66.0617 (1) (a) of the statutes is amended to read:

AB784,56,3 66.0617 (1) (a) "Capital costs" means the capital costs to construct, expand, or improve public facilities, including the cost of land, and including legal, engineering, and design costs to construct, expand, or improve public facilities, except that not more than 10% 10 percent of capital costs may consist of legal, engineering, and design costs unless the municipality or local park district can demonstrate that its legal, engineering, and design costs which relate directly to the public improvement for which the impact fees were imposed exceed 10% 10 percent of capital costs. "Capital costs" does not include other noncapital costs to construct, expand, or improve public facilities, vehicles; or the costs of equipment to construct, expand, or improve public facilities.

AB784, s. 86 Section 86. 66.0617 (1) (am) of the statutes is created to read:

AB784,56,6 66.0617 (1) (am) "Local park district" has the meaning given for district in s. 27.16 (4).

AB784, s. 87 Section 87. 66.0617 (1) (c) of the statutes is amended to read:

AB784,56,10 66.0617 (1) (c) "Impact fees" means cash contributions, contributions of land or interests in land, or any other items of value that are imposed on a developer by a municipality or a local park district under this section.

AB784, s. 88 Section 88. 66.0617 (1) (d) of the statutes is amended to read:

AB784,56,16 66.0617 (1) (d) "Land development" means the construction or modification of improvements to real property that creates additional residential dwelling units within a municipality or local park district or that results in nonresidential uses that create a need for new, expanded, or improved public facilities within a municipality or local park district.

AB784, s. 89 Section 89. 66.0617 (1) (g) of the statutes is amended to read:

AB784,56,19 66.0617 (1) (g) "Service area" means a geographic area delineated by a municipality or local park district within which there are public facilities.

AB784, s. 90 Section 90. 66.0617 (1) (h) of the statutes is amended to read:

AB784,56,23 66.0617 (1) (h) "Service standard" means a certain quantity or quality of public facilities relative to a certain number of persons, parcels of land , or other appropriate measure, as specified by the municipality or local park district.

AB784, s. 91 Section 91. 66.0617 (2) (a) of the statutes is amended to read:

AB784,57,4 66.0617 (2) (a) A Subject to par. (am), a municipality may enact an ordinance under this section, and a local park district may adopt a resolution under this section, that imposes impact fees on developers to pay for the capital costs that are necessary to accommodate land development.

AB784, s. 92 Section 92. 66.0617 (2) (am) of the statutes is created to read:

AB784,57,7 66.0617 (2) (am) No local park district may impose an impact fee under this section for any purpose other than park facilities, as defined in s. 27.16 (7).

AB784, s. 93 Section 93. 66.0617 (3) of the statutes is amended to read:

AB784,57,15 66.0617 (3) Public hearing; notice. Before enacting an ordinance or adopting a resolution that imposes impact fees, or amending an existing ordinance or resolution that imposes impact fees, a municipality or a local park district shall hold a public hearing on the proposed ordinance or amendment. Notice of the public hearing shall be published as a class 1 notice under ch. 985, and shall specify where a copy of the proposed ordinance or amendment and the public facilities needs assessment may be obtained.

AB784, s. 94 Section 94. 66.0617 (4) (a) (intro.) of the statutes is amended to read:

AB784,57,23 66.0617 (4) (a) (intro.) Before enacting an ordinance or adopting a resolution that imposes impact fees or amending an ordinance or resolution that imposes impact fees by revising the amount of the fee or altering the public facilities for which impact fees may be imposed, a municipality or a local park district shall prepare a needs assessment for the public facilities for which it is anticipated that impact fees may be imposed. The public facilities needs assessment shall include, but not be limited to, the following:

AB784, s. 95 Section 95. 66.0617 (4) (b) of the statutes is amended to read:

AB784,58,5 66.0617 (4) (b) A public facilities needs assessment or revised public facilities needs assessment that is prepared under this subsection shall be available for public inspection and copying in the office of the clerk of the municipality or in the office of the secretary of the commission of the local park district at least 20 days before the hearing under sub. (3).

AB784, s. 96 Section 96. 66.0617 (5) of the statutes is amended to read:

AB784,58,9 66.0617 (5) Differential fees, impact fee zones. (a) An ordinance enacted or resolution adopted under this section may impose different impact fees on different types of land development.

AB784,58,17 (b) An ordinance enacted or resolution adopted under this section may delineate geographically defined zones within the municipality or local park district and may impose impact fees on land development in a zone that differ from impact fees imposed on land development in other zones within the municipality or local park district. The public facilities needs assessment that is required under sub. (4) shall explicitly identify the differences, such as land development or the need for those public facilities, which justify the differences between zones in the amount of impact fees imposed.

AB784, s. 97 Section 97. 66.0617 (6) (intro.) of the statutes is amended to read:

AB784,58,20 66.0617 (6) Standards for impact fees. (intro.) Impact fees imposed by an ordinance enacted or resolution adopted under this section:

AB784, s. 98 Section 98. 66.0617 (6) (b) of the statutes is amended to read:

AB784,58,24 66.0617 (6) (b) May not exceed the proportionate share of the capital costs that are required to serve land development, as compared to existing uses of land within the municipality or local park district.

AB784, s. 99 Section 99. 66.0617 (6) (h) of the statutes is created to read:

AB784,59,2 66.0617 (6) (h) Shall be payable by the developer to the local park district either in full or in installment payments that are approved by the local park district.

AB784, s. 100 Section 100. 66.0617 (7) of the statutes is amended to read:

AB784,59,10 66.0617 (7) Low-cost housing. An ordinance enacted or resolution adopted under this section may provide for an exemption from, or a reduction in the amount of, impact fees on land development that provides low-cost housing, except that no amount of an impact fee for which an exemption or reduction is provided under this subsection may be shifted to any other development in the land development in which the low-cost housing is located or to any other land development in the municipality or local park district.

AB784, s. 101 Section 101. 66.0617 (8) of the statutes is amended to read:

AB784,59,17 66.0617 (8) Requirements for impact fee revenues. Revenues from each impact fee that is imposed shall be placed in a separate segregated interest-bearing account and shall be accounted for separately from the other funds of the municipality or local park district. Impact fee revenues and interest earned on impact fee revenues may be expended only for the particular capital costs for which the impact fee was imposed, unless the fee is refunded under sub. (9).

AB784, s. 102 Section 102. 66.0617 (9) (a) and (b) of the statutes, as affected by 2007 Wisconsin Act 44, are amended to read:

AB784,60,8 66.0617 (9) (a) Subject to pars. (b), (c), and (d), with regard to an impact fee that is collected after April 10, 2006, an ordinance enacted or resolution adopted under this section shall specify that impact fees that are collected by a municipality or local park district within 7 years of the effective date of the ordinance, but are not used within 10 years after the effective date of the ordinance to pay the capital costs for which they were imposed, shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as described in sub. (8). The ordinance or resolution shall specify, by type of public facility, reasonable time periods within which impact fees must be spent or refunded under this subsection, subject to the 10-year limit in this paragraph and the extended time period specified in par. (b). In determining the length of the time periods under the ordinance, a municipality or local park district shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.

AB784,60,15 (b) The 10-year time limit for using impact fees that is specified under par. (a) may be extended for 3 years if the municipality or local park district adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the 10-year limit, it needs an additional 3 years to use the impact fees that were collected. The resolution shall include detailed written findings that specify the extenuating circumstances or hardship that led to the need to adopt a resolution under this paragraph.

AB784, s. 103 Section 103. 66.0617 (10) of the statutes is amended to read:

AB784,60,22 66.0617 (10) Appeal. A municipality that enacts an impact fee ordinance under this section shall, by ordinance, and a local park district that adopts an impact fee resolution under this section shall, by resolution, specify a procedure under which a developer upon whom an impact fee is imposed has the right to contest the amount, collection, or use of the impact fee to the governing body of the municipality or local park district.

AB784, s. 104 Section 104. 67.01 (5) of the statutes is amended to read: