AB510: Bill Text

AB510,38,12 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 political subdivision or metropolitan service district.

AB510, s. 92 Section 92. 66.0617 (8) of the statutes is amended to read:

AB510,38,18 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 or metropolitan service district. Impact fee revenues and interest earned on impact fee revenues may be expended only for capital costs for which the impact fees were imposed.

AB510, s. 93 Section 93. 66.0617 (9) of the statutes is amended to read:

AB510,39,6 66.0617 (9) Refund of impact fees. An ordinance enacted or resolution adopted under this section shall specify that impact fees that are imposed and collected by a political subdivision or metropolitan service district 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 or resolution 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 or resolution, a political subdivision or metropolitan service district shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.

AB510, s. 94 Section 94. 66.0617 (10) of the statutes is amended to read:

AB510,39,13 66.0617 (10) Appeal. A political subdivision that enacts an impact fee ordinance under this section shall, by ordinance, and a metropolitan service 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 political subdivision or metropolitan service district.

AB510, s. 95 Section 95. 66.0617 (11) of the statutes is created to read:

AB510,39,19 66.0617 (11) Transfer of unused impact fees. If a city, village, or town transfers title to any of its property or facilities to a metropolitan service district, as described in s. 229.862 (6) (a), and if the city, village, or town has unspent impact fees that were to be used for such property or facilities, the city, village, or town shall transfer such impact fees to the metropolitan service district.

AB510, s. 96 Section 96. 66.1021 (11) (a) of the statutes is amended to read:

AB510,39,24 66.1021 (11) (a) In lieu of providing transportation services, a city, village or town may contract with a private organization for the services or, with respect to mass transit services as defined in s. 229.863 (3) (e), a metropolitan service district that provides services under s. 229.863 (2) (f).

AB510, s. 97 Section 97. 66.1341 of the statutes is amended to read:

AB510,40,5 66.1341 Towns to have certain city powers. Towns have all of the powers of cities under ss. 66.0923, 66.0925, 66.1201 to 66.1329 and 66.1331 to 66.1335, except the powers under s. 66.1201 (10) and any other powers that conflict with statutes relating to towns and town boards. As described in s. 229.864 (5), certain towns have all of the powers of cities under s. 66.1105.

AB510, s. 98 Section 98. 67.01 (5) of the statutes is amended to read:

AB510,40,14 67.01 (5) "Municipality" means any of the following which is authorized to levy a tax: a county, city, village, town, school district, board of park commissioners, technical college district, metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, metropolitan service district under subch. VI of ch. 229, public inland lake protection and rehabilitation district established under s. 33.23, 33.235, or 33.24, and any other public body empowered to borrow money and issue obligations to repay the money out of public funds or revenues. "Municipality" does not include the state.

AB510, s. 99 Section 99. 70.11 (37m) of the statutes is created to read:

AB510,40,17 70.11 (37m) Metropolitan service district. The property of a metropolitan service district under subch. VI of ch. 229.

AB510, s. 100 Section 100. 71.26 (1) (bm) of the statutes is amended to read:

AB510,40,23 71.26 (1) (bm) Certain local districts. Income of a local exposition district created under subch. II of ch. 229, a local professional baseball park district created under subch. III of ch. 229 or, a local professional football stadium district created under subch. IV of ch. 229 or, a local cultural arts district created under subch. V of ch. 229, or a metropolitan service district created under subch. VI of ch. 229.

AB510, s. 101 Section 101. 77.25 (18m) of the statutes is created to read:

AB510,40,25 77.25 (18m) To a metropolitan service district under subch. VI of ch. 229.

AB510, s. 102 Section 102. 77.54 (9a) (i) of the statutes is created to read:

AB510,41,2 77.54 (9a) (i) A metropolitan service district under subch. VI of ch. 229.

AB510, s. 103 Section 103. 79.05 (1) (bm) of the statutes is created to read:

AB510,41,6 79.05 (1) (bm) Notwithstanding s. 79.005 (1), "municipality" means any town, village, or city in this state or a metropolitan service district created under subch. VI of ch. 229.

AB510, s. 104 Section 104. 81.001 of the statutes is created to read:

AB510,41,9 81.001 Definitions. In this chapter, "metropolitan service district" has the meaning given for "district" in s. 229.86 (3).

AB510, s. 105 Section 105. 81.19 of the statutes is created to read:

AB510,41,16 81.19 Highway defects; liability of metropolitan service district. A town, city, or village has a right of action against a metropolitan service district with which the town, city, or village has contracted to perform highway maintenance services under s. 229.863 (2) (g) if any damages recovered against the town, city, or village under s. 81.15 or 81.17 arise from the actions or omissions of the metropolitan service district in fulfilling its highway maintenance duties.

AB510, s. 106 Section 106. 83.001 of the statutes is renumbered 83.001 (intro.) and amended to read:

AB510,41,19 83.001 Definition Definitions. (intro.) In this chapter, "department":

AB510,41,20 (1) "Department" means the department of transportation.

AB510, s. 107 Section 107. 83.001 (2) of the statutes is created to read:

AB510,41,23 83.001 (2) "Metropolitan service district" has the meaning given for "district" in s. 229.86 (3).

AB510, s. 108 Section 108. 83.018 of the statutes is amended to read:

AB510,42,6 83.018 Road supplies; committee may sell to municipalities. The county highway committee is authorized to sell road building and maintenance supplies on open account to any city, village, town or school district within the county, or to any metropolitan service district that provides services under s. 229.863 (2) (g) and any part of which includes the county; and any such city, village, town or, school district, or metropolitan service district is authorized to purchase such supplies.

AB510, s. 109 Section 109. 84.001 (1s) of the statutes is created to read:

AB510,42,9 84.001 (1s) "Metropolitan service commission" has the meaning given for "commission" in s. 229.86 (2).

AB510, s. 110 Section 110. 84.001 (1t) of the statutes is created to read:

AB510,42,12 84.001 (1t) "Metropolitan service district" has the meaning given for "district" in s. 229.86 (3).

AB510, s. 111 Section 111. 84.07 (1) of the statutes is amended to read:

AB510,43,13 84.07 (1) State expense; when done by county or municipality. The state trunk highway system shall be maintained by the state at state expense. The department shall prescribe by rule specifications for such maintenance and may contract with any county highway committee or, municipality, or metropolitan service district that provides services under s. 229.863 (2) (g) to have all or certain parts of the work of maintaining the state trunk highways within or beyond the limits of the county or municipality, including interstate bridges, performed by the county or, municipality, or metropolitan service district, and any county or , municipality, or metropolitan service district may enter into such contract. General maintenance activities include the application of protective coatings, the removal and control of snow, the removal, treatment and sanding of ice, interim repair of highway surfaces and adjacent structures, and all other operations, activities and processes required on a continuing basis for the preservation of the highways on the state trunk system, and including the care and protection of trees and other roadside vegetation and suitable planting to prevent soil erosion or to beautify highways pursuant to s. 80.01 (3), and all measures deemed necessary to provide adequate traffic service. Special maintenance activities include the restoration, reinforcement, complete repair or other activities which the department deems are necessary on an individual basis for specified portions of the state trunk system. Maintenance activities also include the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, and intelligent transportation systems. The department may contract with a private entity for services or materials or both associated with the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, and intelligent transportation systems.

AB510, s. 112 Section 112. 84.07 (2) of the statutes is amended to read:

AB510,44,2 84.07 (2) Repayment for state work. When any county or, municipality, or metropolitan service district maintains the state trunk highways within or beyond the limits of the county or municipality, including interstate bridges, in compliance with the arrangement with the department, the department shall pay the actual cost of the maintenance, including the allowance for materials and the use of county or, municipal, or metropolitan service district machinery and overhead expenses agreed upon in advance. The payments shall be made upon presentation by the county highway committee or, municipal clerk , or metropolitan service commission of a properly itemized and verified account. The county highway committee or, municipal clerk, or metropolitan service commission shall present the itemized accounts for general maintenance work no later than one month following the period during which the work is performed.

AB510, s. 113 Section 113. 84.07 (4) of the statutes is amended to read:

AB510,44,7 84.07 (4) Emergency repairs; blocking streets or roads; detours. Except in case of emergency, no city, village or, town, or metropolitan service district shall obstruct any street or road over which any state trunk highway is marked unless it first makes arrangements with the department for marking a detour.

AB510, s. 114 Section 114. 85.01 (2g) of the statutes is created to read:

AB510,44,10 85.01 (2g) "Metropolitan service district" has the meaning given for "district" in s. 229.86 (3).

AB510, s. 115 Section 115. 85.20 (1) (d) of the statutes is amended to read:

AB510,44,17 85.20 (1) (d) "Local public body" includes counties, municipalities or towns, or agencies thereof; metropolitan service districts that provide services under s. 229.863 (2) (f); transit or transportation commissions or authorities and public corporations established by law or by interstate compact to provide mass transportation services and facilities or 2 or more of any such bodies acting jointly under s. 66.0301 to 66.0303.

AB510, s. 116 Section 116. 85.22 (2) (c) of the statutes is amended to read:

AB510,44,21 85.22 (2) (c) "Local public body" has the meaning given in s. 85.20 (1) (d), except as limited by rule of the department, but does not include metropolitan service districts.

AB510, s. 117 Section 117. 85.243 (1) (b) of the statutes is amended to read:

AB510,45,3 85.243 (1) (b) "Local public body" includes counties, municipalities or towns, or agencies thereof; metropolitan service districts that provide services under s. 229.863 (2) (f); transit or transportation commissions or authorities and public corporations established by law or by interstate compact to provide mass transportation services and facilities or 2 or more of any such bodies acting jointly under s. 66.0301 or 66.0303.

AB510, s. 118 Section 118. 85.52 (1) (ag) of the statutes is amended to read:

AB510,45,9 85.52 (1) (ag) "Eligible applicant" means a county, city, village, town or combination thereof, a metropolitan service district that provides services under s. 229.863 (2) (f), Amtrak, as defined in s. 85.061 (1), a railroad, as defined in s. 85.01 (5), a private nonprofit organization that is an eligible applicant under s. 85.22 (2) (am), or a transit commission created under s. 59.58 (2) or 66.1021.

AB510, s. 119 Section 119. 86.001 (2g) of the statutes is created to read:

AB510,45,12 86.001 (2g) "Metropolitan service district" has the meaning given for "district" in s. 229.86 (3).

AB510, s. 120 Section 120. 86.105 of the statutes is amended to read:

AB510,45,17 86.105 Snow removal in private driveways. The governing body of any county, town, city or, village, or metropolitan service district providing services under s. 229.863 (2) (g) may enter into contracts to remove snow from private roads and driveways.

AB510, s. 121 Section 121. Subchapter VI of chapter 229 [precedes 229.86] of the statutes is created to read:

AB510,45,20 CHAPTER 229

AB510,45,22 subchapter vi Metropolitan service districts

AB510,45,23 229.86 Definitions. In this subchapter:

AB510,46,2 (1) "Chief executive officer" means, as to a sponsoring municipality or as to a municipality that is wholly within the jurisdiction of a district, the mayor or city manager of a city, the village president of a village, or the town board chairperson of a town.

AB510,46,4 (2) "Commission" means a metropolitan service commission, which is the governing body of a district.

AB510,46,6 (3) "District" means a metropolitan service district, which is a special purpose district created under this subchapter.

AB510,46,9 (4) "Enabling resolution" means a resolution, or an amendment of a resolution, adopted by the governing body of a municipality and signed by the chief executive officer to create a district.

AB510,46,12 (6) "Municipality" means any city that is located in an urbanized area; any village that is located in an urbanized area; or any town or portion of a town that is located in an urbanized area.

AB510,46,14 (7) "Sponsoring municipality" means any municipality that creates a district in combination with another municipality.

AB510,46,17 (8) "Urbanized area" means an area that is designated as such by a regional planning commission, or a county zoning agency, under s. 66.0309 (8) (c) or 59.69 (2) (g).

AB510,46,23 229.861 Creation, organization, and administration. (1) Subject to sub. (3), 2 or more municipalities that are located within a single urbanized area may create a district that is a unit of government, that is a body corporate and politic, that is separate and distinct from, and independent of, the state and the sponsoring municipalities, and that has the powers under s. 229.863, if the sponsoring municipalities do all of the following:

AB510,47,3 (a) Adopt an enabling resolution, subject to sub. (2), that declares its intent to create a district and declares which 2 or more services under s. 229.863 (2) the district will provide.

AB510,47,5 (b) File copies of the resolution with the clerk of each municipality and county that is wholly or partly within the boundaries of the urbanized area.

AB510,47,10 (2) (a) Subject to sub. (3), a district shall consist of at least 2 municipalities. Each sponsoring municipality shall be identified in a substantially similar enabling resolution that is adopted by the governing body of each sponsoring municipality within a 30-day period beginning with the date of adoption of the first enabling resolution.

AB510,47,15 (b) If at least 2 municipalities adopt an enabling resolution under par. (a), every municipality in that urbanized area shall become a part of the district unless the municipality's governing body adopts a resolution, not later than 60 days after the adoption of the second enabling resolution, stating that it does not wish to become part of the district.

AB510,47,21 (3) (a) Before a district may be created, the governing bodies of each municipality that has not opted out of the district under sub. (2) shall adopt a resolution or enact an ordinance, not later than September 1 of the year in which the resolution under sub. (1) is approved, that, subject to par. (b), contains an agreement among each of the governing bodies which may address any issue, but shall address at least the following:

AB510,47,23 1. The number of members of the commission, which may not be greater than 9.

AB510,48,3 2. A method of appointing temporary members to the commission under sub. (4) (a) 3. to serve until the initial members are elected at the spring election and qualified to take office.

AB510,48,7 3. An apportionment plan for the election of members of the commission under sub. (4) (b), unless the governing bodies of all of the municipalities of which the district is initially comprised provide for the election of members of the commission without an apportionment plan.

AB510,48,11 4. A list of issues and actions of the commission that are subject to review by a veto panel under s. 229.865. If the governing bodies of all of the municipalities that are part of the district agree, and adopt similar resolutions, the list of items that are subject to veto review may be modified as specified in the resolutions.

AB510,48,19 (b) 1. Before the municipalities may consider a resolution or ordinance that is described in par. (a), all of the municipalities shall enter into an agreement on the selection of an arbitrator who will decide any of the issues under par. (a) that are not resolved by the municipalities by September 1 of the year described under par. (a), except as provided in subd. 2. If the municipalities are unable to reach agreement on any of the items listed in par. (a), the arbitrator shall enter a binding decision, which resolves all such outstanding items, not later than November 1 of the year described under par. (a).

AB510,48,22 2. If the municipalities are unable to reach an agreement concerning whether the commission shall be elected with or without an apportionment plan under sub. (4) (b), the commission shall be elected pursuant to an apportionment plan.

AB510,48,24 (4) (a) 1. The district is governed by its commission. The commission may adopt bylaws to govern the district's activities, subject to this subchapter.

AB510,49,11 2. The commission shall be elected at the spring election pursuant to an apportionment plan under par. (b) unless the governing bodies of each of the municipalities of which the district is comprised by resolution determine, no later than November 1 preceding any spring election, that the members of the commission shall be elected at that election and thereafter without an apportionment plan. If the governing bodies of each municipality of which the district is comprised determine to elect members of the commission without an apportionment plan, the governing bodies may, no later than November 1 preceding a spring election, by resolution determine to elect members of the commission at that election and thereafter pursuant to an apportionment plan, if an identical plan is adopted by each of those governing bodies by that date.

AB510,49,16 3. The first election of members of the commission shall occur in April of the year following the year described in sub. (3) (a). Temporary members shall be appointed according to the agreement reached under sub. (3) (a) 2. or imposed by an arbitrator under sub. (3) (b) to serve until the initial members are elected at the spring election and qualified to take office.

AB510,50,6 (b) 1. Each apportionment plan shall divide the entire district into apportioned geographic areas for the election of members of the commission. Unless the number of commissioners is changed under s. 229.864 (1), the boundaries of the apportioned areas shall remain unchanged unless the governing bodies of each of the municipalities of which the district is comprised agree, by resolution adopted no later than November 1 preceding a spring election, to prescribe revised boundaries for the election of members of the commission at that election and thereafter, and except that, if a municipality becomes a part of the district after its creation, the governing bodies of the municipalities of which the district is comprised shall, by resolution, prescribe identical revised boundaries of the apportioned areas no later than September 1 preceding the first spring election at which members of the commission are to be elected from the new district. If the governing bodies are unable to reach an agreement concerning an identical apportionment plan by September 1 preceding that spring election, an arbitrator appointed pursuant to sub. (3) (b) 1. shall resolve the dispute no later than November 1 preceding that election.

AB510,50,10 2. If the members of the commission are elected pursuant to an apportionment plan, each candidate for member of the commission shall state on the face of his or her declaration of candidacy and nomination papers the apportioned area for which the candidate seeks office.

AB510,50,18 (c) Each member of the commission shall be a resident of the district and, if an apportionment plan for the election of members of the commission is used, shall be a resident of the apportioned area for which he or she is elected at the time that the member takes the oath of office. If a member of the commission who is elected from an apportioned area ceases to be a resident of that area after the beginning of his or her term of office but continues to be a resident of the district, the member may continue to serve for the remainder of the term for which he or she was elected or appointed.