SB248: Bill Text

SB248,43,2 (d) If a city or village is located in more than one county, the city or village may become part of any district for which it is otherwise eligible to be a part of. If a district contains a county, a municipality that is located within that county may become part of that district or it may become part of any other district for which it is otherwise eligible to be a part of. All of the city's or village's territory shall be considered to be within the jurisdiction of the park district in which the city or village chooses to participate.

SB248,43,8 (9) (a) A political subdivision whose park facilities are included in a district may withdraw from the district as provided in this subsection if the governing body of the political subdivision no later than the 3rd Tuesday in February preceding a spring election, adopts a resolution declaring its intention to withdraw from the district and the withdrawal is approved by the electors of the political subdivision at a referendum held concurrently with the spring election.

SB248,43,15 (b) If the electors of a political subdivision whose park facilities are included within a district file a petition with the clerk of the district, not later than the 3rd Tuesday in February of any year, requesting a referendum on the question of withdrawal of the political subdivision from the district, the commission shall call a referendum in the political subdivision for the purpose of submitting the question of withdrawal to the electors of the political subdivision for approval or rejection. The referendum shall be held concurrently with the spring election.

SB248,43,18 (c) The question submitted to the electors shall be "Shall the .... (name of political subdivision) withdraw from the .... (name of district)?". If the electors approve the question, the political subdivision shall withdraw from the district.

SB248,43,24 (d) Each petition filed under this subsection shall be in the form specified in s. 8.40, shall name the political subdivision whose park facilities are proposed to be withdrawn from the district, and shall name the district from which the facilities are to be withdrawn. The petition may be circulated on or after January 1 of any year and may be filed no later than 5 p.m. on the 3rd Tuesday in February. The petition shall contain the signatures of at least 100 electors of the political subdivision.

SB248,44,4 (e) If a political subdivision withdraws from a district under this subsection, title to the park facilities that are located in the political subdivision shall be transferred from the district to the political subdivision or from which the facilities were transferred.

SB248,44,12 (f) If a political subdivision withdraws from a district under this subsection and the territory remaining in the district after the withdrawal does not consist of at least one political subdivision, the district shall dissolve under s. 27.165. If at least one political subdivision remains a part of the district after a political subdivision withdraws, the political subdivision that withdraws and the commission shall negotiate a settlement agreement to compensate that park district for the park facilities that are located in the political subdivision, based on at least all of the following factors:

SB248,44,13 1. The current value of park facilities that are transferred.

SB248,44,15 2. The amount of money or any other contribution made by the district for the park facilities that are transferred.

SB248,44,17 3. The amount of money or any other contribution made by the political subdivision municipality for the park facilities that are transferred.

SB248,44,24 (g) If the political subdivision and the district are unable to negotiate a settlement under par. (f) within 60 days after the resolution is approved in the referendum under par. (a) or within 60 days after the referendum described under par. (b) is approved, the political subdivision and the district shall agree on the selection of an arbitrator who shall decide the settlement amount, and send written notification of his or her decision to all parties, within 30 days after his or her appointment.

SB248,45,3 (h) A withdrawal under this subsection takes effect on January 1 following the date on which a settlement is reached or the date on which an arbitrator sends written notification of his or her decision.

SB248,45,12 (10) (a) Whenever a political subdivision is attached to a district, a political subdivision withdraws from a district, or a former municipality becomes a part of a district by municipal consolidation, the terms of the members of the commission or political subdivision commissions of the affected district or districts shall expire on the first Monday in June of the year following the year in which the attachment, withdrawal, or municipal consolidation becomes effective. At the spring election immediately preceding the expiration of the terms of the commissioners, all members of the commission serving the revised district shall be elected in the same manner as members of initial commissions are elected under sub. (7) (b).

SB248,45,21 (b) Whenever territory is annexed to or detached from a political subdivision that is a part of a district on the effective date of the annexation or detachment, the commission shall, at its next meeting following the effective date of the annexation or detachment, attach or detach the annexed or detached territory to an election district that is contiguous to the annexed or detached territory in such manner as to maintain, in so far as practicable, election districts of substantially equal population. In conjunction with any action under this paragraph, the commission may adjust the boundaries of the remaining election districts within the district if required to maintain election districts of substantially equal population.

SB248, s. 78 Section 78. 27.162 of the statutes is created to read:

SB248,46,3 27.162 Local park districts; jurisdiction and expansion. (1) The initial jurisdiction of a district shall consist of the territory of all of the sponsoring political subdivisions that have acted under s. 27.161 (1) and (2) and all of the participating political subdivisions that have acted under s. 27.161 (3) in the same year, or within 90 days after the adoption of the first enabling legislation that is described in s. 27.161 (1).

SB248,46,10 (2) (a) With the approval of the commission, the jurisdiction of the district may be expanded to include any other political subdivision under procedures adopted by the commission and consistent with an agreement entered into between the commission and the political subdivision. Under the terms of the agreement, the assets of the political subdivision to be included in the expanded jurisdiction shall be treated in a substantially similar manner as the assets of all other political subdivisions in the district.

SB248,46,15 (b) The procedures for any expansion approved under par. (a) shall permit the governing body of a political subdivision to request inclusion of its park facilities in the district on its own resolution, and shall also permit the electors of a political subdivision to request inclusion in the district through a petition and referendum process.

SB248,46,21 (c) Each petition filed under this subsection shall be in the form specified in s. 8.40, shall name the political subdivision whose park facilities are proposed to be attached to the district, and shall name the district to which the facilities are to be attached. The petition may be circulated on or after January 1 of any year and may be filed no later than 5 p.m. on the 3rd Tuesday in February. The petition shall contain the signatures of at least 100 electors of the political subdivision.

SB248,46,25 (3) Eligible electors of a political subdivision included in the expanded jurisdiction of a district may vote for members of the board of directors at the first election occurring after the effective date of the expansion at which members of the board of directors are elected.

SB248,47,9 (4) If a referendum is held on the question of attachment of a political subdivision to an existing district, the question shall be submitted at the first regular election occurring not sooner than 45 days after the date that the governing body adopts a resolution submitting the question to a referendum and the commission approves that action. The question shall be "Shall the .... (name of political subdivision) become a part of the .... (name of district)?". If the question is approved by the electors, the governing body shall enter into an agreement with the commission under sub. (2) (a). The attachment becomes effective on the date specified in the agreement.

SB248, s. 79 Section 79. 27.163 of the statutes is created to read:

SB248,47,16 27.163 Local park districts; powers. A district has all of the powers necessary or convenient to carry out the purposes and provisions of ss. 27.16 to 27.165. The district shall hire a parks director, who is professionally qualified in the field of parks management and who has significant experience in the day to day operation of a park district. In addition to all other powers granted by ss. 27.16 to 27.165, a district may do all of the following:

SB248,47,17 (1) Adopt and alter an official seal.

SB248,47,18 (2) Sue and be sued in its own name, and plead and be impleaded.

SB248,47,19 (3) Maintain an office.

SB248,47,20 (4) In connection with park facilities:

SB248,47,22 (a) Acquire, develop, equip, maintain, improve, operate, and manage the park facilities.

SB248,47,24 (b) Enter into contracts, subject to such standards as may be established by the board of directors.

SB248,47,25 (c) Grant concessions.

SB248,48,1 (d) Operate recreational facilities or programs.

SB248,48,2 (e) Acquire by purchase, exchange, or donation land, or interests in land.

SB248,48,6 (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.

SB248,48,9 (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.

SB248,48,15 (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.

SB248,49,12 (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.

SB248,49,16 (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:

SB248,49,20 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).

SB248,49,24 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).

SB248,50,5 (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.

SB248,50,12 (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 4 percent or 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. 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.

SB248,50,24 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.

SB248,51,5 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.

SB248,51,7 (9) Accept gifts and other aid, which may be used only for the following purposes:

SB248,51,8 (a) Maintaining the park facilities.

SB248,51,9 (b) Operating the park facilities.

SB248,51,10 (c) Making capital improvements to the park facilities.

SB248,51,12 (10) Administer the receipt of revenues, and oversee the payment of bills or other debts incurred by the district.

SB248,51,13 (11) Adopt a resolution to impose impact fees under s. 66.0617.

SB248,51,14 (12) Issue debt under ch. 67 only for capital improvements to park facilities.

SB248,51,17 (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.

SB248, s. 80 Section 80. 27.164 of the statutes is created to read:

SB248,51,24 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).

SB248,52,2 (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:

SB248,52,4 (a) Make loans to a district upon terms that the political subdivision considers appropriate.

SB248,52,6 (b) Lease or transfer property to a district upon terms that the political subdivision considers appropriate.

SB248, s. 81 Section 81. 27.165 of the statutes is created to read:

SB248,52,11 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:

SB248,52,15 (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.

SB248,52,21 (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.

SB248,52,24 (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.

SB248,53,5 (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.

SB248,53,10 (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.

SB248,53,12 (f) In apportioning property under par. (c), the commission shall consider at least all of the following factors:

SB248,53,14 1. The current value of park facilities transferred by a political subdivision to a district.

SB248,53,16 2. The amount of money contributed to the district during its existence by a political subdivision under s. 27.163 (8).

SB248,53,18 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).

SB248,53,22 (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.

SB248, s. 82 Section 82. 30.277 (1b) (a) of the statutes is amended to read:

SB248,54,3 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.

SB248, s. 83 Section 83. 40.02 (28) of the statutes is amended to read:

SB248,54,14 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 family 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.

SB248, s. 84 Section 84. 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:

SB248,55,2 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 family 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.

SB248, s. 85 Section 85. 66.0301 (1) (a) of the statutes is amended to read:

SB248,55,15 66.0301 (1) (a) 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, family 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.

SB248, s. 86 Section 86. 66.0617 (1) (a) of the statutes is amended to read:

SB248,56,2 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.

SB248, s. 87 Section 87. 66.0617 (1) (am) of the statutes is created to read:

SB248,56,5 66.0617 (1) (am) "Local park district" has the meaning given for district in s. 27.16 (4).

SB248, s. 88 Section 88. 66.0617 (1) (c) of the statutes is amended to read:

SB248,56,9 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.

SB248, s. 89 Section 89. 66.0617 (1) (d) of the statutes is amended to read:

SB248,56,15 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.

SB248, s. 90 Section 90. 66.0617 (1) (g) of the statutes is amended to read:

SB248,56,18 66.0617 (1) (g) "Service area" means a geographic area delineated by a municipality or local park district within which there are public facilities.

SB248, s. 91 Section 91. 66.0617 (1) (h) of the statutes is amended to read:

SB248,56,22 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.

SB248, s. 92 Section 92. 66.0617 (2) (a) of the statutes is amended to read: