Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,535,2 66.0307 (4) (a) 1. The department, the department of natural resources environmental management, the department of fish, wildlife, parks, and forestry, the department of agriculture, trade and consumer protection and the department of transportation.

SB55-ASA1-AA1, s. 2020k Section 2020k. 66.0407 (5) of the statutes is amended to read:

SB55-ASA1-AA1,535,8 66.0407 (5) This section does not apply to Canada thistle or annual noxious weeds that are located on land that the department of natural resources fish, wildlife, parks, and forestry owns, occupies or controls and that is maintained in whole or in part as habitat for wild birds by the department of natural resources fish, wildlife, parks, and forestry.".

SB55-ASA1-AA1,535,9 883. Page 680, line 5: after that line insert:

SB55-ASA1-AA1,535,10 " Section 2020m. 66.0609 (3) of the statutes is amended to read:

SB55-ASA1-AA1,535,14 66.0609 (3) The ordinance under sub. (1) shall require that the governing body of the city or village obtain an annual detailed audit of its financial transactions and accounts by a certified public accountant licensed or certified under ch. 442 and designated by the governing body.".

SB55-ASA1-AA1,535,15 884. Page 680, line 5: after that line insert:

SB55-ASA1-AA1,535,16 " Section 2023j. 66.0617 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,536,2 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% of capital costs may consist of legal, engineering, and design costs unless the political subdivision municipality can demonstrate that its legal, engineering, and design costs which that relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. "Capital costs" does not include other noncapital costs to construct, expand , or improve public facilities or the costs of equipment to construct, expand, or improve public facilities.

SB55-ASA1-AA1, s. 2023jb Section 2023jb. 66.0617 (1) (c) of the statutes is amended to read:

SB55-ASA1-AA1,536,6 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 political subdivision municipality under this section.

SB55-ASA1-AA1, s. 2023jc Section 2023jc. 66.0617 (1) (d) of the statutes is amended to read:

SB55-ASA1-AA1,536,12 66.0617 (1) (d) "Land development" means the construction or modification of improvements to real property that creates additional residential dwelling units within a political subdivision municipality or that results in nonresidential uses that create a need for new, expanded, or improved public facilities within a political subdivision municipality.

SB55-ASA1-AA1, s. 2023jd Section 2023jd. 66.0617 (1) (e) of the statutes is amended to read:

SB55-ASA1-AA1,536,15 66.0617 (1) (e) "Political subdivision Municipality" means a city, village, or town or county.

SB55-ASA1-AA1, s. 2023je Section 2023je. 66.0617 (1) (f) of the statutes is amended to read:

SB55-ASA1-AA1,536,25 66.0617 (1) (f) "Public facilities" means highways, as defined in s. 340.01 (22), and other transportation facilities, traffic control devices, facilities for collecting and treating sewage, facilities for collecting and treating storm and surface waters, facilities for pumping, storing, and distributing water, parks, playgrounds and other recreational facilities, solid waste and recycling facilities, lands for parks, fire protection facilities, law enforcement facilities, and emergency medical facilities and libraries except that, with regard to counties, "public facilities" does not include highways, as defined in s. 340.01 (22), other transportation facilities or traffic control devices. "Public facilities" does not include facilities owned by a school district.

SB55-ASA1-AA1, s. 2023jg Section 2023jg. 66.0617 (1) (g) of the statutes is amended to read:

SB55-ASA1-AA1,537,3 66.0617 (1) (g) "Service area" means a geographic area delineated by a political subdivision municipality within which there are public facilities.

SB55-ASA1-AA1, s. 2023jh Section 2023jh. 66.0617 (1) (h) of the statutes is amended to read:

SB55-ASA1-AA1,537,7 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 political subdivision municipality.

SB55-ASA1-AA1, s. 2023ji Section 2023ji. 66.0617 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,537,11 66.0617 (2) (a) Subject to par. (am), a political subdivision A municipality may enact an ordinance under this section that imposes impact fees on developers to pay for the capital costs that are necessary to accommodate land development.

SB55-ASA1-AA1, s. 2023jj Section 2023jj. 66.0617 (2) (am) of the statutes is repealed.

SB55-ASA1-AA1, s. 2023jk Section 2023jk. 66.0617 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,537,19 66.0617 (2) (b) Subject to par. (c), this section does not prohibit or limit the authority of a political subdivision municipality to finance public facilities by any other means authorized by law, except that the amount of an impact fee imposed by a political subdivision municipality shall be reduced, under sub. (6) (d), to compensate for any other costs of public facilities imposed by the political subdivision municipality on developers to provide or pay for capital costs.

SB55-ASA1-AA1, s. 2023jL Section 2023jL. 66.0617 (2) (c) of the statutes is amended to read:

SB55-ASA1-AA1,537,22 66.0617 (2) (c) Beginning on May 1, 1995, a political subdivision municipality may impose and collect impact fees only under this section.

SB55-ASA1-AA1, s. 2023jm Section 2023jm. 66.0617 (3) of the statutes is amended to read:

SB55-ASA1-AA1,538,4 66.0617 (3) Public hearing; notice. Before enacting an ordinance that imposes impact fees, or amending an existing ordinance that imposes impact fees, a political subdivision municipality 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.

SB55-ASA1-AA1, s. 2023jn Section 2023jn. 66.0617 (4) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,538,11 66.0617 (4) (a) (intro.) Before enacting an ordinance that imposes impact fees or amending an ordinance that imposes impact fees by revising the amount of the fee or altering the public facilities for which impact fees may be imposed, a political subdivision municipality 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:

SB55-ASA1-AA1, s. 2023jo Section 2023jo. 66.0617 (4) (a) 3. of the statutes is amended to read:

SB55-ASA1-AA1,538,17 66.0617 (4) (a) 3. A detailed estimate of the capital costs of providing the new public facilities or the improvements or expansions in existing public facilities identified in subd. 2., including an estimate of the effect of recovering these capital costs through impact fees on the availability of affordable housing within the political subdivision municipality.

SB55-ASA1-AA1, s. 2023jp Section 2023jp. 66.0617 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,538,22 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 political subdivision municipality at least 20 days before the hearing under sub. (3).

SB55-ASA1-AA1, s. 2023jq Section 2023jq. 66.0617 (5) (b) of the statutes is amended to read:

SB55-ASA1-AA1,539,6 66.0617 (5) (b) An ordinance enacted under this section may delineate geographically defined zones within the political subdivision municipality 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 political subdivision municipality. 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.

SB55-ASA1-AA1, s. 2023jr Section 2023jr. 66.0617 (6) (b) of the statutes is amended to read:

SB55-ASA1-AA1,539,10 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 political subdivision municipality.

SB55-ASA1-AA1, s. 2023js Section 2023js. 66.0617 (6) (d) of the statutes is amended to read:

SB55-ASA1-AA1,539,16 66.0617 (6) (d) Shall be reduced to compensate for other capital costs imposed by the political subdivision municipality with respect to land development to provide or pay for public facilities, including special assessments, special charges, land dedications, or fees in lieu of land dedications under ch. 236 or any other items of value.

SB55-ASA1-AA1, s. 2023jt Section 2023jt. 66.0617 (6) (g) of the statutes is amended to read:

SB55-ASA1-AA1,539,23 66.0617 (6) (g) Shall be payable by the developer to the political subdivision municipality, either in full or in instalment installment payments that are approved by the political subdivision, before municipality, and may not be due on a date that is earlier than the date on which a building permit may be for the construction of a dwelling or other structure within the land development is issued or other required approval may be given by the political subdivision.

SB55-ASA1-AA1, s. 2023ju Section 2023ju. 66.0617 (7) of the statutes is amended to read:

SB55-ASA1-AA1,540,6 66.0617 (7) Low-cost housing. An ordinance enacted 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 political subdivision municipality.

SB55-ASA1-AA1, s. 2023jv Section 2023jv. 66.0617 (8) of the statutes is amended to read:

SB55-ASA1-AA1,540,12 66.0617 (8) Requirements for impact fee revenues. Revenues from impact fees shall be placed in a segregated, interest-bearing account and shall be accounted for separately from the other funds of the political subdivision municipality. Impact fee revenues and interest earned on impact fee revenues may be expended only for capital costs for which the impact fees were imposed.

SB55-ASA1-AA1, s. 2023jw Section 2023jw. 66.0617 (9) of the statutes is amended to read:

SB55-ASA1-AA1,540,24 66.0617 (9) Refund of impact fees. An ordinance enacted under this section shall specify that impact fees that are imposed and collected by a political subdivision municipality but are not used within a reasonable period of time after they are collected 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. The ordinance shall specify, by type of public facility, reasonable time periods within which impact fees must be spent or refunded under this subsection. In determining the length of the time periods under the ordinance, a political subdivision municipality shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.

SB55-ASA1-AA1, s. 2023jx Section 2023jx. 66.0617 (10) of the statutes is amended to read:

SB55-ASA1-AA1,541,5 66.0617 (10) Appeal. A political subdivision municipality that enacts an impact fee ordinance under this section shall, by ordinance, 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 political subdivision municipality.

SB55-ASA1-AA1, s. 2023ke Section 2023ke. 66.0627 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,541,12 66.0627 (3) (a) Except as provided in par. (b), before a special charge may be imposed a public hearing shall be held on the imposition of the proposed special charge by the governing body of the city, village, or town may determine the manner of providing notice of a special charge. Notice of the hearing shall be by class 1 notice under ch. 985, and the notice shall specify where a copy of the proposed ordinance relating to the special charge may be obtained.

SB55-ASA1-AA1, s. 2023ks Section 2023ks. 66.0821 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,541,21 66.0821 (4) (b) For the purpose of making equitable charges for all services rendered by the sanitary sewerage system to the municipality or to citizens, corporations, and other users, the property benefited thereby may be classified, taking into consideration the volume of water, including surface or drain waters, the character of the sewage or waste and the nature of the use made of the sewerage system, including the sewage disposal plant. The Subject to sub. (8), the charges may also include standby charges to property not connected but for which such facilities have been made available.

SB55-ASA1-AA1, s. 2023ksb Section 2023ksb. 66.0821 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1,542,9 66.0821 (4) (c) For the purpose of making equitable charges for all services rendered by a storm water and surface water sewerage system to users, the property served may be classified, taking into consideration the volume or peaking of storm water or surface water discharge that is caused by the area of impervious surfaces, topography, impervious surfaces and other surface characteristics, extent and reliability of mitigation or treatment measures available to service the property, apart from measures provided by the storm water and surface water sewerage system, and any other considerations that are reasonably relevant to a use made of the storm water and surface water sewerage system. The Subject to sub. (8), the charges may also include standby charges to property not yet developed with significant impervious surfaces for which capacity has been made available in the storm water and surface water sewerage system.

SB55-ASA1-AA1, s. 2023kse Section 2023kse. 66.0821 (8) of the statutes is created to read:

SB55-ASA1-AA1,542,13 66.0821 (8) No municipality may impose any charges under this section that are not uniformly assessed against all users of the system, unless the charges that are imposed meet the standards under s. 66.0617 (6).".

SB55-ASA1-AA1,542,14 885. Page 680, line 5: after that line insert:

SB55-ASA1-AA1,542,15 " Section 2022m. 66.0436 of the statutes is created to read:

SB55-ASA1-AA1,542,17 66.0436 Discrimination; federally chartered corporations. (1) Definitions. In this section:

SB55-ASA1-AA1,542,19 (a) "Federally chartered corporation" means an organization that is listed in 36 USC subtitle II, part B.

SB55-ASA1-AA1,542,23 (b) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing, or an instrumentality of the state and any of the foregoing.

SB55-ASA1-AA1,543,7 (2) Local governmental units. No local governmental unit may treat a federally chartered corporation differently from how it treats any other organization in the use or rental of the grounds, buildings, facilities, or equipment of a local governmental unit, except that if a local governmental unit establishes membership or leadership policies with respect to users or renters of its grounds, buildings, facilities, or equipment, it may not use the membership or leadership policies of a federally chartered organization as the basis for denying such use or rental.".

SB55-ASA1-AA1,543,8 886. Page 680, line 5: after that line insert:

SB55-ASA1-AA1,543,9 " Section 2020i. 66.0607 (1) of the statutes is amended to read:

SB55-ASA1-AA1,543,19 66.0607 (1) Except as otherwise provided in subs. (2) to (5) and in s. 66.0608, in a county, city, village, town, or school district, all disbursements from the treasury shall be made by the treasurer upon the written order of the county, city, village, town, or school clerk after proper vouchers have been filed in the office of the clerk. If the statutes provide for payment by the treasurer without an order of the clerk, the clerk shall draw and deliver to the treasurer an order for the payment before or at the time that the payment is required to be made by the treasurer. This section applies to all special and general provisions of the statutes relative to the disbursement of money from the county, city, village, town, or school district treasury except s. 67.10 (2).

SB55-ASA1-AA1, s. 2020ic Section 2020ic. 66.0608 of the statutes is created to read:

SB55-ASA1-AA1,543,23 66.0608 Separate accounts for municipal fire, emergency medical technician, and first responder volunteer funds. (1) Definitions. In this section:

SB55-ASA1-AA1,543,24 (a) "Emergency medical technician" has the meaning given in s. 146.50 (1) (e).

SB55-ASA1-AA1,544,5 (b) "Emergency medical technician volunteer funds" means funds of a municipality that are raised by employees of the municipality's emergency medical technician department, by volunteers, or by donation to the emergency medical technician department, for the benefit of the municipality's emergency medical technician department.

SB55-ASA1-AA1,544,8 (c) "Fire volunteer funds" means funds of a municipality that are raised by employees of the municipality's fire department, by volunteers, or by donation to the fire department, for the benefit of the municipality's fire department.

SB55-ASA1-AA1,544,9 (d) "First responder" has the meaning given in s. 146.53 (1) (d).

SB55-ASA1-AA1,544,13 (e) "First responder volunteer funds" means funds of a municipality that are raised by employees of the municipality's first responder department, by volunteers, or by donation to the first responder department, for the benefit of the municipality's first responder department.

SB55-ASA1-AA1,544,14 (f) "Municipality" means any city, village, or town.

SB55-ASA1-AA1,544,15 (g) "Public depository" has the meaning given in s. 34.01 (5).

SB55-ASA1-AA1,544,17 (h) "Volunteer funds" means emergency medical technician volunteer funds, fire volunteer funds, or first responder volunteer funds.

SB55-ASA1-AA1,544,19 (2) General authority. Subject to subs. (3) and (4), the governing body of a municipality may enact an ordinance that does all of the following:

SB55-ASA1-AA1,544,25 (a) Authorizes a particular official or employee of the municipality's fire department, emergency medical technician department, or first responder department to deposit volunteer funds of the department for which the individual serves as an official or employee, in an account in the name of the fire department, emergency medical technician department, or first responder department, in a public depository.

SB55-ASA1-AA1,545,5 (b) Gives the municipality's fire department, emergency medical technician department, or first responder department, through the official or employee described under par. (a), exclusive control over the expenditure of volunteer funds of the department for which the individual serves as an official or employee in an account described under par. (a).

SB55-ASA1-AA1,545,7 (3) Limitations, requirements. An ordinance enacted under sub. (2) may include any of the following limitations or requirements:

SB55-ASA1-AA1,545,9 (a) A limit on the type and amount of funds that may be deposited into the account described under sub. (2) (a).

SB55-ASA1-AA1,545,12 (b) A limit on the amount of withdrawals from the account described under sub. (2) (a) that may be made, and a limit on the purposes for which such withdrawals may be made.

SB55-ASA1-AA1,545,14 (c) Reporting and audit requirements that relate to the account described under sub. (2) (a).

SB55-ASA1-AA1,545,17 (4) Ownership of funds. Notwithstanding an ordinance enacted under sub. (2), volunteer funds shall remain the property of the municipality until the funds are disbursed.".

SB55-ASA1-AA1,545,18 887. Page 680, line 5: after that line insert:

SB55-ASA1-AA1,545,19 " Section 2022s. 66.0316 of the statutes is created to read: