Amendment AA1-ASA1-SB55

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:

SB55-ASA1-AA1,545,21 66.0316 Renew Wisconsin performance review. (1) Definitions. In this section:

SB55-ASA1-AA1,545,24 (a) "Analysis" means a performance analysis of the cost and benefit of a political subdivision providing a governmental service compared to a private person providing the same service.

SB55-ASA1-AA1,546,1 (b) "Chief executive officer" has the meaning given in s. 66.1106 (1) (a).

SB55-ASA1-AA1,546,2 (c) "Department" means the department of revenue.

SB55-ASA1-AA1,546,3 (d) "Extension" has the meaning given in s. 36.05 (7).

SB55-ASA1-AA1,546,4 (e) "Governmental service" means a service related to any of the following:

SB55-ASA1-AA1,546,5 1. Law enforcement.

SB55-ASA1-AA1,546,6 2. Fire protection.

SB55-ASA1-AA1,546,7 3. Emergency services.

SB55-ASA1-AA1,546,8 4. Public health.

SB55-ASA1-AA1,546,9 5. Solid waste collection and disposal.

SB55-ASA1-AA1,546,10 6. Recycling.

SB55-ASA1-AA1,546,11 7. Public transportation.

SB55-ASA1-AA1,546,12 8. Public housing.

SB55-ASA1-AA1,546,13 9. Animal control.

SB55-ASA1-AA1,546,14 10. Libraries.

SB55-ASA1-AA1,546,15 11. Recreation and culture.

SB55-ASA1-AA1,546,16 12. Human services.

SB55-ASA1-AA1,546,17 13. Youth services.

SB55-ASA1-AA1,546,19 (f) "Political subdivision" means any city, village, town, or county with a population greater than 2,500.

SB55-ASA1-AA1,546,25 (2) Pilot program. The department shall establish a pilot program to study governmental services delivered by and to political subdivisions. The department shall solicit political subdivisions to participate in the program. Based on the department's solicitation, the department shall select 5 political subdivisions to form councils as provided under sub. (3) and shall include in that selection at least one county and at least one city, village, or town.

SB55-ASA1-AA1,547,3 (3) Creation of council. (a) No later than January 1, 2002, each political subdivision selected under sub. (2) shall create a council consisting of 5 members, as follows:

SB55-ASA1-AA1,547,4 1. The chief executive officer of the political subdivision, or his or her designee.

SB55-ASA1-AA1,547,5 2. A member who is an employee of the political subdivision.

SB55-ASA1-AA1,547,7 3. A member with cost accounting experience who is a resident of the political subdivision and who is not a political subdivision officer or employee.

SB55-ASA1-AA1,547,10 4. Two members, not including the member under subd. 3., who are residents of the political subdivision and who are not political subdivision officers or employees.

SB55-ASA1-AA1,547,16 (b) The political subdivision's chief executive officer shall appoint the council members under par. (a) 2. to 4. The chief executive officer shall appoint 2 members to initial terms of 2 years and the remaining 2 members to initial terms of 4 years. The chief executive officer shall appoint the respective successors of the members under par. (a) 2. to 4. to terms of 4 years. All members under par. (a) 2. to 4. shall serve until their successors are appointed and qualified.

SB55-ASA1-AA1,547,18 (c) The council shall organize annually at its first meeting to elect a chairperson. Four members of the council shall constitute a quorum.

SB55-ASA1-AA1,547,21 (4) Duties of council. The council shall conduct an analysis of governmental services provided by the political subdivision with which the council is affiliated. In conducting such an analysis, the council shall do all of the following:

SB55-ASA1-AA1,547,23 (a) Establish specific benchmarks for performance, including goals related to intergovernmental cooperation to provide governmental services.

SB55-ASA1-AA1,547,25 (b) Conduct research and establish new methods to promote efficiency in the delivery of governmental services.