SB322, s. 27
21Section
27. 17.13 (3) of the statutes is amended to read:
SB322,16,222
17.13
(3) All officers. Any village, town, town sanitary district, school district
23or, technical college district
, or local park and recreation district officer, elective or
24appointive, including those embraced within subs. (1) and (2), by
the a judge of the
25circuit court of
the a circuit wherein the village, town, town sanitary district, school
1district
or, technical college district
, or local park and recreation district is situated,
2for cause.
SB322, s. 28
3Section
28. 17.27 (1f) of the statutes is created to read:
SB322,16,134
17.27
(1f) Board of directors of local park and recreation districts. Except
5as provided in s. 9.10, a vacancy in the office of any member of the board of directors
6of a local park and recreation district may be filled by temporary appointment of the
7remaining members of the board of directors. The temporary appointee shall serve
8until a successor is elected and qualified. If the vacancy occurs in any year after the
9first Tuesday in April and on or before December 1, the vacancy shall be filled for the
10residue of the unexpired term, if any, at on the date of the next spring election. If the
11vacancy occurs in any year after December 1 or on or before the first Tuesday in April,
12the vacancy shall be filled for the residue of the unexpired term, if any, at the 2nd
13succeeding spring election.
SB322, s. 29
14Section
29. 20.005 (3) (schedule) of the statutes: at the appropriate place,
15insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB322, s. 30
16Section
30. 20.566 (1) (gc) of the statutes is created to read:
SB322,17,217
20.566
(1) (gc)
Administration of local park and recreation district taxes. The
18amounts in the schedule for administering the special district taxes imposed under
19s. 77.704 by local park and recreation districts created under subch. VI of ch. 229.
1One and one-half percent of all moneys received from the taxes imposed under s.
277.704 shall be credited to this appropriation account.
SB322, s. 31
3Section
31. 20.835 (4) (gc) of the statutes is created to read:
SB322,17,64
20.835
(4) (gc)
Local park and recreation district taxes. Ninety-eight and
5one-half percent of all moneys received from the taxes imposed under s. 77.704, for
6the purposes provided in s. 77.76 (3n).
SB322, s. 32
7Section
32. 23.09 (19) (a) 2. of the statutes is amended to read:
SB322,17,118
23.09
(19) (a) 2. "Governmental unit" means a city, village, town, county, lake
9sanitary district, as defined in s. 30.50 (4q), public inland lake protection and
10rehabilitation district
, or local park and recreation district under subch. VI of ch. 229, 11or the Kickapoo reserve management board.
SB322, s. 33
12Section
33. 23.09 (20) (ab) 1. of the statutes is amended to read:
SB322,17,1513
23.09
(20) (ab) 1. "Governmental unit" means a municipality
, a local park and
14recreation district under subch. VI of ch. 229, or the Kickapoo reserve management
15board.
SB322, s. 34
16Section
34. 23.09 (20m) (a) 1. of the statutes is amended to read:
SB322,17,1917
23.09
(20m) (a) 1. "Governmental unit" means a city, village, town, county
, or
18local park and creation district under subch. VI of ch. 229, or the Kickapoo reserve
19management board.
SB322, s. 35
20Section
35. 23.0917 (4m) (a) 3. of the statutes is amended to read:
SB322,17,2421
23.0917
(4m) (a) 3. "Local governmental unit" means a city, village, town,
22county, lake sanitary district, as defined in s. 30.50 (4q),
or a public inland lake
23protection and rehabilitation district
, or local park and recreation district under
24subch. VI of ch. 229.
SB322, s. 36
25Section
36. 23.094 (1) of the statutes is amended to read:
SB322,18,4
123.094
(1) Definition. In this section, "political subdivision" means
a city,
2village, town, county, lake sanitary district, as defined in s. 30.50 (4q),
or public
3inland lake protection and rehabilitation district
, or local park and recreation
4district under subch. VI of ch. 229.
SB322, s. 37
5Section
37. 25.50 (1) (d) of the statutes is amended to read:
SB322,18,166
25.50
(1) (d) "Local government" means any county, town, village, city, power
7district, sewerage district, drainage district, town sanitary district, public inland
8lake protection and rehabilitation district, local professional baseball park district
9created under subch. III of ch. 229, family care district under s. 46.2895, local
10professional football stadium district created under subch. IV of ch. 229, local
11cultural arts district created under subch. V of ch. 229,
local park and recreation
12district created under subch. VI of ch. 229, public library system, school district or
13technical college district in this state, any commission, committee, board
, or officer
14of any governmental subdivision of this state, any court of this state, other than the
15court of appeals or the supreme court, or any authority created under s. 231.02,
16233.02
, or 234.02.
SB322, s. 38
17Section
38. 27.01 (3) of the statutes is amended to read:
SB322,18,2418
27.01
(3) Transfer of state park land to municipalities. The department may
19not transfer the ownership of any state park or land within any state park to any
20county, city, village
or, town
, county, or local park and recreation district created
21under subch. VI of ch. 229 unless
it the department receives the approval of the joint
22committee on finance regarding the appropriate level of reimbursement to be
23received by the state to reflect the state's cost in acquiring and developing the state
24park or land within the state park.
SB322, s. 39
25Section
39. 27.075 (1) of the statutes is amended to read:
SB322,19,23
127.075
(1) The county board of any county with a population of less than
2500,000 is
hereby vested with all powers of a local, legislative
, and administrative
3character for the purpose of governing, managing, controlling, improving
, and caring
4for public parks, parkways, boulevards
, and pleasure drives; and to carry out these
5powers in districts which it may create for different purposes, or throughout the
6county, and for such purposes to levy county taxes, to issue bonds, assessment
7certificates
, and improvement bonds, or any other evidence of indebtedness. The
8powers
hereby conferred
under this section may be exercised by the county board in
9any
town, city or village city, village, or town, or part thereof located in
such the 10county upon the request of any such
town, city or village city, village, or town,
11evidenced by a resolution adopted by a majority vote of the members-elect of its
12governing body, designating the particular park function, duty
, or act, and the terms,
13if any, upon which the same shall be exercised by the county board.
Such The 14resolution shall state whether the authority or function is to be exercised exclusively
15by the county or jointly by the county and the
town, city or village city, village, or
16town, and shall also state that the exercise of
such the power by the county is in the
17public interest. Upon the receipt of the resolution, the county board may, by a
18resolution adopted by a majority vote of its membership, elect to assume the exercise
19of
such the authority or function, upon the terms and conditions set forth in the
20resolution presented by the
town, city or village
city, village, or town. A city, village,
21or town that wishes to create or participate in a local park and recreation district
22under subch. VI of ch. 229 may negotiate the termination of any agreement entered
23into with a county under this subsection.
SB322, s. 40
24Section
40. 27.075 (2) of the statutes is amended to read:
SB322,20,15
127.075
(2) The county board of any
such county may, by a resolution adopted
2by a majority of its membership, propose to the
towns, cities and villages cities,
3villages, and towns located in
such the county, or any of them, that it offers to exercise
4such the powers and functions
therein in order that are necessary to consolidate
5municipal park services and functions in
said the county.
Such The resolution shall
6designate the particular function, duty
, or act and the terms and conditions, if any,
7upon which the county board will perform the same. The powers conferred in sub.
8(1) and designated in
such the resolution may
thereafter be exercised by the county
9board in each
such town, city or village which shall accept such city, village, or town
10which accepts the proposal by the adoption of a resolution by a majority vote of the
11members-elect of its governing body
, except that no governing body may accept any
12proposal described under this subsection unless it contains a provision under which
13the city, village, or town may terminate its agreement with the county so that the city,
14village, or town may create or participate in a local park and recreation district under
15subch. VI of ch. 229.
SB322, s. 41
16Section
41. 27.075 (3) of the statutes is amended to read:
SB322,20,2217
27.075
(3) After the adoption of resolutions by the county board,
the county
18board shall have full power to it may legislate upon and administer the entire subject
19matter committed to it
, and among other things, to
and may determine, where not
20otherwise provided by law, the manner of exercising the power thus assumed.
No
21county may exercise any power in a local park and recreation district under subch.
22VI of ch. 229.
SB322, s. 42
23Section
42. 27.075 (4) of the statutes is amended to read:
SB322,21,1924
27.075
(4) The town, city or village concerned A city, village, or town may enter
25into
necessary contracts with the county, and appropriate money to pay the county
,
1for the reasonable expenses incurred in rendering the park services assumed.
Such
2The contract shall also provide a procedure for the termination of the contract by any
3city, village, or town that wishes to create or participate in a local park and recreation
4district under subch. VI of ch. 229. The expenses may be certified, returned
, and paid
5as are other county charges, and
, in the case of services performed
pursuant to under 6a proposal for the consolidation
thereof of municipal park services initiated by the
7county board and made available to each
town, city and village city, village, and town 8in the county on the same terms, the expenses
thereof shall be certified, returned
, 9and paid as county charges; but
in the event that each and every town, city and
10village if every city, village, and town in the county
shall accept such accepts the 11proposal of the county board the expenses
thereof shall be paid by county taxes to be
12levied and collected as are other taxes for county purposes.
Said towns, cities and
13villages are vested with all necessary power to do the things
herein required and to
14do all things and to exercise or relinquish any of the powers herein provided or
15contemplated. The procedure
herein provided
in this section for the request or
16acceptance of the exercise of the powers conferred on the county board in cities and
17villages is
hereby prescribed as a special method of determining the local affairs and
18government of such cities and villages pursuant to article XI, section 3, of the
19constitution.
SB322, s. 43
20Section
43. 27.08 (1) of the statutes is amended to read:
SB322,22,221
27.08
(1) Every city
that is not part of a local park and recreation district under
22subch. VI of ch. 229 may by ordinance create a board of park commissioners subject
23to this section, or otherwise as provided by ordinance
. Such, and if the city has a
24board of park commissioners the city shall terminate that board and end the board's
25authority under this section upon the city's creation of or participation in a local park
1and recreation district under subch. VI of ch. 229. The board shall be organized as
2directed by the common council
shall provide.
SB322, s. 44
3Section
44. 27.08 (3) of the statutes is amended to read:
SB322,22,134
27.08
(3) In any city having no If a city does not have a board of park
5commissioners
its and is not part of a local park and recreation district under subch.
6VI of ch. 229, the city's public parks, parkways, boulevards
, and pleasure drives shall
7be under the charge of its board of public works
, if it has such last named board;
8otherwise or, if it does not have such a board, under the charge of its common council.
9When so in charge, the board of public works or the common council may exercise all
10of the powers of a board of park commissioners.
Upon a city's creation of or
11participation in a local park and recreation district under subch. VI of ch. 229, the
12city's board of public works or common council may not exercise any authority under
13this section.
SB322, s. 45
14Section
45. 30.277 (1b) (a) of the statutes is amended to read:
SB322,22,1715
30.277
(1b) (a) "Governmental unit" means a city, village, town, county
, or local
16park and recreation district under subch. VI of ch. 229, or the Kickapoo reserve
17management board.
SB322,23,720
66.0301
(1) (a) In this section "municipality" means the state or any
21department or agency thereof, or any city, village, town, county, school district, public
22library system, public inland lake protection and rehabilitation district, sanitary
23district, farm drainage district, metropolitan sewerage district, sewer utility district,
24solid waste management system created under s. 59.70 (2), local exposition district
25created under subch. II of ch. 229, local professional baseball park district created
1under subch. III of ch. 229, local professional football stadium district created under
2subch. IV of ch. 229,
a local cultural arts district created under subch. V of ch. 229,
3local park and recreation district created under subch. VI of ch. 229, family care
4district under s. 46.2895, water utility district, mosquito control district, municipal
5electric company, county or city transit commission, commission created by contract
6under this section, taxation district, regional planning commission, or city-county
7health department.
SB322, s. 47
8Section
47. 66.0617 (1) (a) of the statutes is amended to read:
SB322,23,189
66.0617
(1) (a) "Capital costs" means the capital costs to construct, expand
, or
10improve public facilities, including the cost of land, and including legal, engineering
, 11and design costs to construct, expand
, or improve public facilities, except that not
12more than 10% of capital costs may consist of legal, engineering
, and design costs
13unless the political subdivision
or local park and recreation district can demonstrate
14that its legal, engineering
, and design costs which relate directly to the public
15improvement for which the impact fees were imposed exceed 10% of capital costs.
16"Capital costs" does not include other noncapital costs to construct, expand
, or
17improve public facilities or the costs of equipment to construct, expand
, or improve
18public facilities.
SB322, s. 48
19Section
48. 66.0617 (1) (c) of the statutes is amended to read:
SB322,23,2220
66.0617
(1) (c) "Impact fees" means cash contributions, contributions of land
21or interests in land
, or any other items of value that are imposed on a developer by
22a political subdivision
or a local park and recreation district under this section.
SB322, s. 49
23Section
49. 66.0617 (1) (d) of the statutes is amended to read:
SB322,24,324
66.0617
(1) (d) "Land development" means the construction or modification of
25improvements to real property that creates additional residential dwelling units
1within a political subdivision
or local park and recreation district or that results in
2nonresidential uses that create a need for new, expanded
, or improved public
3facilities within a political subdivision
or local park and recreation district.
SB322, s. 50
4Section
50. 66.0617 (1) (dg) of the statutes is created to read:
SB322,24,65
66.0617
(1) (dg) "Local park and recreation district" has the meaning given for
6district in s. 229.86 (3).
SB322, s. 51
7Section
51. 66.0617 (1) (g) of the statutes is amended to read:
SB322,24,108
66.0617
(1) (g) "Service area" means a geographic area delineated by a political
9subdivision
or local park and recreation district within which there are public
10facilities.
SB322, s. 52
11Section
52. 66.0617 (1) (h) of the statutes is amended to read:
SB322,24,1512
66.0617
(1) (h) "Service standard" means a certain quantity or quality of public
13facilities relative to a certain number of persons, parcels of land
, or other appropriate
14measure, as specified by the political subdivision
or local park and recreation
15district.
SB322, s. 53
16Section
53. 66.0617 (2) (a) of the statutes is amended to read:
SB322,24,2017
66.0617
(2) (a) Subject to par. (am), a political subdivision may enact an
18ordinance under this section
, and a local park and recreation district may adopt a
19resolution under this section, that imposes impact fees on developers to pay for the
20capital costs that are necessary to accommodate land development.
SB322, s. 54
21Section
54. 66.0617 (2) (am) of the statutes is renumbered 66.0617 (2) (am)
221.
SB322, s. 55
23Section
55. 66.0617 (2) (am) 2. of the statutes is created to read:
SB322,25,3
166.0617
(2) (am) 2. No local park and recreation district may impose an impact
2fee under this section for any purpose other than park facilities, as defined in s.
3229.86 (6).
SB322, s. 56
4Section
56. 66.0617 (3) of the statutes is amended to read:
SB322,25,115
66.0617
(3) Public hearing; notice. Before enacting an ordinance
or adopting
6a resolution that imposes impact fees, or amending an existing ordinance
or
7resolution that imposes impact fees, a political subdivision
or a local park and
8recreation district shall hold a public hearing on the proposed ordinance or
9amendment. Notice of the public hearing shall be published as a class 1 notice under
10ch. 985, and shall specify where a copy of the proposed ordinance or amendment and
11the public facilities needs assessment may be obtained.
SB322, s. 57
12Section
57. 66.0617 (4) (a) (intro.) of the statutes is amended to read:
SB322,25,1913
66.0617
(4) (a) (intro.) Before enacting an ordinance
or adopting a resolution 14that imposes impact fees or amending an ordinance
or resolution that imposes
15impact fees by revising the amount of the fee or altering the public facilities for which
16impact fees may be imposed, a political subdivision
or a local park and recreation
17district shall prepare a needs assessment for the public facilities for which it is
18anticipated that impact fees may be imposed. The public facilities needs assessment
19shall include, but not be limited to, the following:
SB322, s. 58
20Section
58. 66.0617 (4) (b) of the statutes is amended to read:
SB322,25,2521
66.0617
(4) (b) A public facilities needs assessment or revised public facilities
22needs assessment that is prepared under this subsection shall be available for public
23inspection and copying in the office of the clerk of the political subdivision
or in the
24office of the secretary of the board of the local park and recreation district at least 20
25days before the hearing under sub. (3).
SB322, s. 59
1Section
59. 66.0617 (5) of the statutes is amended to read:
SB322,26,42
66.0617
(5) Differential fees, impact fee zones. (a) An ordinance enacted
or
3resolution adopted under this section may impose different impact fees on different
4types of land development.
SB322,26,125
(b) An ordinance enacted
or resolution adopted under this section may
6delineate geographically defined zones within the political subdivision
or local park
7and recreation district and may impose impact fees on land development in a zone
8that differ from impact fees imposed on land development in other zones within the
9political subdivision
or local park and recreation district. The public facilities needs
10assessment that is required under sub. (4) shall explicitly identify the differences,
11such as land development or the need for those public facilities, which justify the
12differences between zones in the amount of impact fees imposed.
SB322, s. 60
13Section
60. 66.0617 (6) (intro.) of the statutes is amended to read:
SB322,26,1514
66.0617
(6) Standards for impact fees. (intro.) Impact fees imposed by an
15ordinance enacted
or resolution adopted under this section:
SB322, s. 61
16Section
61. 66.0617 (6) (b) of the statutes is amended to read:
SB322,26,1917
66.0617
(6) (b) May not exceed the proportionate share of the capital costs that
18are required to serve land development, as compared to existing uses of land within
19the political subdivision
or local park and recreation district.
SB322, s. 62
20Section
62. 66.0617 (6) (h) of the statutes is created to read:
SB322,26,2321
66.0617
(6) (h) Shall be payable by the developer to the local park and
22recreation district either in full or in installment payments that are approved by the
23park and recreation district.
SB322, s. 63
24Section
63. 66.0617 (7) of the statutes is amended to read:
SB322,27,7
166.0617
(7) Low-cost housing. An ordinance enacted
or resolution adopted 2under this section may provide for an exemption from, or a reduction in the amount
3of, impact fees on land development that provides low-cost housing, except that no
4amount of an impact fee for which an exemption or reduction is provided under this
5subsection may be shifted to any other development in the land development in
6which the low-cost housing is located or to any other land development in the
7political subdivision
or local park and recreation district.
SB322, s. 64
8Section
64. 66.0617 (8) of the statutes is amended to read:
SB322,27,139
66.0617
(8) Requirements for impact fee revenues. Revenues from impact
10fees shall be placed in a segregated, interest-bearing account and shall be accounted
11for separately from the other funds of the political subdivision
or local park and
12recreation district. Impact fee revenues and interest earned on impact fee revenues
13may be expended only for capital costs for which the impact fees were imposed.
SB322, s. 65
14Section
65. 66.0617 (9) of the statutes is amended to read:
SB322,27,2515
66.0617
(9) Refund of impact fees. An ordinance enacted
or resolution adopted 16under this section shall specify that impact fees that are imposed and collected by
17a political subdivision
or local park and recreation district but are not used within
18a reasonable period of time after they are collected to pay the capital costs for which
19they were imposed shall be refunded to the current owner of the property with
20respect to which the impact fees were imposed. The ordinance
or resolution shall
21specify, by type of public facility, reasonable time periods within which impact fees
22must be spent or refunded under this subsection. In determining the length of the
23time periods under the ordinance, a political subdivision
or local park and recreation
24district shall consider what are appropriate planning and financing periods for the
25particular types of public facilities for which the impact fees are imposed.
SB322, s. 66
1Section
66. 66.0617 (10) of the statutes is amended to read:
SB322,28,72
66.0617
(10) Appeal. A political subdivision that enacts an impact fee
3ordinance under this section shall, by ordinance,
and a local park and recreation
4district that adopts an impact fee resolution under this section shall, by resolution, 5specify a procedure under which a developer upon whom an impact fee is imposed
6has the right to contest the amount, collection
, or use of the impact fee to the
7governing body of the political subdivision
or local park and recreation district.
SB322, s. 67
8Section
67. 67.01 (5) of the statutes is amended to read:
SB322,28,169
67.01
(5) "Municipality" means any of the following which is authorized to levy
10a tax: a county, city, village, town, school district, board of park commissioners,
11technical college district, metropolitan sewerage district created under ss. 200.01 to
12200.15 or 200.21 to 200.65, town sanitary district under subch. IX of ch. 60,
local park
13and recreation district under subch. VI of ch. 229, public inland lake protection and
14rehabilitation district established under s. 33.23, 33.235
, or 33.24
, and any other
15public body empowered to borrow money and issue obligations to repay the money
16out of public funds or revenues. "Municipality" does not include the state.
SB322, s. 68
17Section
68. 70.11 (37m) of the statutes is created to read:
SB322,28,1918
70.11
(37m) Local park and recreation district. The property of a local park
19and recreation district under subch. VI of ch. 229.
SB322, s. 69
20Section
69. 71.26 (1) (bm) of the statutes is amended to read:
SB322,28,2521
71.26
(1) (bm)
Certain local districts. Income of a local exposition district
22created under subch. II of ch. 229, a local professional baseball park district created
23under subch. III of ch. 229
or, a local professional football stadium district created
24under subch. IV of ch. 229
or, a local cultural arts district created under subch. V of
25ch. 229
, or a local park and recreation district created under subch. VI of ch. 229.
SB322, s. 70
1Section
70. 77.25 (18m) of the statutes is created to read:
SB322,29,22
77.25
(18m) To a local park and recreation district under subch. VI of ch. 229.
SB322, s. 71
3Section
71. 77.54 (9a) (i) of the statutes is created to read:
SB322,29,44
77.54
(9a) (i) A local park and recreation district under subch. VI of ch. 229.