SB556: Bill Text

SB556,32,10 (11) Adopt a resolution to impose impact fees under s. 66.0617.

SB556,32,11 (12) Issue debt under ch. 67 only for capital improvements to park facilities.

SB556,32,16 27.164 Powers and duties of, and limitations on, counties. (1) Except as otherwise provided in this section, the county board that created 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).

SB556,32,18 (2) In addition to any powers that it may otherwise have, a municipality located wholly or partly within a district's jurisdiction may do any of the following:

SB556,32,20 (a) Make loans to a district upon terms that the municipality considers appropriate.

SB556,32,22 (b) Lease or transfer property to a district upon terms that the municipality considers appropriate.

SB556,32,24 27.165 Arbitration; dissolution of district. (1) Dissolution. If a district is dissolved, on the date the dissolution becomes effective:

SB556,33,2 (a) All assets and liabilities of the district become assets and liabilities of the county.

SB556,33,7 (b) All positions of the district, and the incumbent employees occupying those positions, become positions and employees of the county. Employees so transferred have all the rights under subch. I of ch. 63, subch. IV of ch. 111, and s. 59.52 (8) 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.

SB556,33,8 (c) All tangible personal property of the district is transferred to the county.

SB556,33,12 (d) All contracts entered into by the district remain in effect and are transferred to the county. The county shall carry out any obligations under such a contract until the contract is modified or rescinded by the county, to the extent allowed under the contract.

SB556,33,16 (e) Any matter pending with the district is transferred to the county 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 county.

SB556,33,19 (2) Arbitration. In the event that a question arises concerning the application of s. 27.161 (4) or sub. (1) to any situation, the question shall be resolved by the county board of supervisors, subject to any applicable law.

SB556, s. 61 Section 61. 30.277 (1b) (a) of the statutes is amended to read:

SB556,33,23 30.277 (1b) (a) "Governmental unit" means a city, a village, a town, a county for which a county park district has not been created, a county park district, or the Kickapoo reserve management board.

SB556, s. 62 Section 62. 66.0301 (1) (a) of the statutes is amended to read:

SB556,34,12 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, county 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.

SB556, s. 63 Section 63. 66.0617 (1) (a) of the statutes is amended to read:

SB556,34,22 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 or county 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% 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.

SB556, s. 64 Section 64. 66.0617 (1) (am) of the statutes is created to read:

SB556,34,25 66.0617 (1) (am) "Local park and recreation district" has the meaning given for district in s. 229.86 (3).

SB556, s. 65 Section 65. 66.0617 (1) (c) of the statutes is amended to read:

SB556,35,4 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 or a county park district under this section.

SB556, s. 66 Section 66. 66.0617 (1) (d) of the statutes is amended to read:

SB556,35,10 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 or county park district or that results in nonresidential uses that create a need for new, expanded, or improved public facilities within a political subdivision or county park district.

SB556, s. 67 Section 67. 66.0617 (1) (g) of the statutes is amended to read:

SB556,35,13 66.0617 (1) (g) "Service area" means a geographic area delineated by a political subdivision or county park district within which there are public facilities.

SB556, s. 68 Section 68. 66.0617 (1) (h) of the statutes is amended to read:

SB556,35,17 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 or county park district.

SB556, s. 69 Section 69. 66.0617 (2) (a) of the statutes is amended to read:

SB556,35,22 66.0617 (2) (a) Subject to par. (am), a political subdivision may enact an ordinance under this section, and a county park district may adopt a resolution under this section, that imposes impact fees on developers to pay for the capital costs that are necessary to accommodate land development.

SB556, s. 70 Section 70. 66.0617 (2) (am) of the statutes is renumbered 66.0617 (2) (am) 1.

SB556, s. 71 Section 71. 66.0617 (2) (am) 2. of the statutes is created to read:

SB556,36,2 66.0617 (2) (am) 2. No county park district may impose an impact fee under this section for any purpose other than park facilities, as defined in s. 27.16 (5).

SB556, s. 72 Section 72. 66.0617 (3) of the statutes is amended to read:

SB556,36,10 66.0617 (3) Public hearing; notice. Before enacting an ordinance or adopting a resolution that imposes impact fees, or amending an existing ordinance or resolution that imposes impact fees, a political subdivision or a county park district 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.

SB556, s. 73 Section 73. 66.0617 (4) (a) (intro.) of the statutes is amended to read:

SB556,36,18 66.0617 (4) (a) (intro.) Before enacting an ordinance or adopting a resolution that imposes impact fees or amending an ordinance or resolution 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 or a local county park district 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:

SB556, s. 74 Section 74. 66.0617 (4) (b) of the statutes is amended to read:

SB556,36,24 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 or in the office of the secretary of the commission of the county park district at least 20 days before the hearing under sub. (3).

SB556, s. 75 Section 75. 66.0617 (5) of the statutes is amended to read:

SB556,37,3 66.0617 (5) Differential fees, impact fee zones. (a) An ordinance enacted or resolution adopted under this section may impose different impact fees on different types of land development.

SB556,37,11 (b) An ordinance enacted or resolution adopted under this section may delineate geographically defined zones within the political subdivision or county park district 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 or county park district. 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.

SB556, s. 76 Section 76. 66.0617 (6) (intro.) of the statutes is amended to read:

SB556,37,14 66.0617 (6) Standards for impact fees. (intro.) Impact fees imposed by an ordinance enacted or resolution adopted under this section:

SB556, s. 77 Section 77. 66.0617 (6) (b) of the statutes is amended to read:

SB556,37,18 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 or county park district.

SB556, s. 78 Section 78. 66.0617 (6) (h) of the statutes is created to read:

SB556,37,21 66.0617 (6) (h) Shall be payable by the developer to the county park district either in full or in installment payments that are approved by the park district.

SB556, s. 79 Section 79. 66.0617 (7) of the statutes is amended to read:

SB556,38,4 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 county park district.

SB556, s. 80 Section 80. 66.0617 (8) of the statutes is amended to read:

SB556,38,10 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 county park 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.

SB556, s. 81 Section 81. 66.0617 (9) of the statutes is amended to read:

SB556,38,22 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 county park 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, a political subdivision or county park district shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.

SB556, s. 82 Section 82. 66.0617 (10) of the statutes is amended to read:

SB556,39,4 66.0617 (10) Appeal. A political subdivision that enacts an impact fee ordinance under this section shall, by ordinance, and a county park 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 county park district.

SB556, s. 83 Section 83. 67.01 (5) of the statutes is amended to read:

SB556,39,13 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, county park district under s. 27.161, 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.

SB556, s. 84 Section 84. 70.11 (37m) of the statutes is created to read:

SB556,39,16 70.11 (37m) Local park and recreation district. The property of a county park district under s. 27.161.

SB556, s. 85 Section 85. 71.26 (1) (bm) of the statutes is amended to read:

SB556,39,22 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, a local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, or a county park district under s. 27.161.

SB556, s. 86 Section 86. 77.25 (18m) of the statutes is created to read:

SB556,39,24 77.25 (18m) To a county park district under s. 27.161.

SB556, s. 87 Section 87. 77.54 (9a) (i) of the statutes is created to read:

SB556,40,1 77.54 (9a) (i) A county park district under s. 27.161.

SB556, s. 88 Section 88. 350.01 (11m) of the statutes is amended to read:

SB556,40,5 350.01 (11m) "Sanctioned race or derby" means a competitive snowmobile event sponsored by a county, county park district, town, city or village, by a promoter, by a chamber of commerce, or by a snowmobile club or other similar organization.

SB556, s. 89 Section 89. 350.04 (3) (a) of the statutes is amended to read:

SB556,40,10 350.04 (3) (a) No county, county park district, town, city or village shall be liable for any injury suffered in connection with a race or derby under this section, unless the injury is caused by the negligence of the county, county park district, town, city or village.

SB556, s. 90 Section 90. 350.04 (3) (b) of the statutes is amended to read:

SB556,40,15 350.04 (3) (b) The county, county park district, town, city or village shall post the provisions of par. (a) in a conspicuous place, readily accessible to all contestants and spectators, and shall assist in locating and identifying persons responsible for injuries that may occur.

SB556, s. 91 Section 91. 350.12 (4) (ar) of the statutes is created to read:

SB556,40,19 350.12 (4) (ar) Counties with park districts. If a county creates a county park district under s. 27.161, only the county park district may receive moneys as provided in pars. (b) to (br).

SB556, s. 92 Section 92. 350.12 (4) (b) 1. of the statutes is amended to read:

SB556,41,8 350.12 (4) (b) 1. State aids and funds for maintenance costs shall be 100% of the actual cost of maintaining the trail per year up to a $250 per mile per year maximum, except as provided in pars. (bg) to (br). Qualifying trails are trails approved by the board as snowmobile trails. State aid for development may equal 100% of development expenses. Aids for major reconstruction or rehabilitation projects to improve bridges may equal 100% of eligible costs. Aids for trail rehabilitation may equal 100% of eligible costs. Development shall begin the same year the land is acquired. Moneys available for development shall be distributed on a 100% grant basis, 75% at the time of approval but no later than January 1 and 25% upon completion of the project. A county An application from a county or a county park district may include a request for development, rehabilitation or maintenance of trails, or any combination thereof. Trail routes, sizes and specifications shall be prescribed only by the board.

SB556, s. 93 Section 93. 350.12 (4) (b) 3. of the statutes is amended to read:

SB556,41,19 350.12 (4) (b) 3. Not more than $30,000 for a route signing program of aids to cities, villages, towns or, counties , or county boards of up to 100% of the cost of initial signing of snowmobile routes which connect authorized trails or which offer entrance to or exit from trails leading to such municipalities the cities, village, towns, or counties. Aid may be provided under this subdivision to cities, villages, towns and, counties and county park districts for up to 100% of the cost of placing signs developed under s. 350.108 (1) (b) which briefly explain the intoxicated snowmobiling law along snowmobile routes. Applications and documentation shall be submitted to the department by April 15 of each year on forms prescribed by departmental rule.

SB556, s. 94 Section 94. 350.12 (4) (bg) 1. of the statutes is amended to read:

SB556,42,2 350.12 (4) (bg) 1. Of the moneys appropriated under s. 20.370 (5) (cs), the department shall make available in fiscal year 2001-02 and each fiscal year thereafter an amount equal to the amount calculated under s. 25.29 (1) (d) 2. to make payments to the department or to a county or county park district under par. (bm) for trail maintenance costs incurred in the previous fiscal year that exceed the maximum specified under par. (b) 1. before expending any of the amount for the other purposes specified in par. (b).

SB556, s. 95 Section 95. 350.12 (4) (bg) 2. of the statutes is amended to read:

SB556,42,13 350.12 (4) (bg) 2. For fiscal year 2001-02, and for each fiscal year thereafter, the department shall calculate an amount equal to the number of trail use stickers issued under sub. (3j) in the previous fiscal year multiplied by $15 and shall credit this amount to the appropriation account under s. 20.370 (5) (cw). From the appropriation account under s. 20.370 (5) (cw), the department shall make payments to the department or, a county, or a county park district for the purposes specified in par. (b). The department shall make payments under par. (bm) for trail maintenance costs that were incurred in the previous fiscal year and that exceed the maximum specified under par. (b) 1. before making payments for any of the other purposes specified in par. (b).

SB556, s. 96 Section 96. 350.12 (4) (bm) (intro.) of the statutes is amended to read:

SB556,42,17 350.12 (4) (bm) Supplemental trail aid payments; eligibility. (intro.) A county, a county park district, or the department shall be eligible for payments under par. (bg) if it applies for the aid and if all of the following apply:

SB556, s. 97 Section 97. 350.12 (4) (bm) 1. of the statutes is amended to read:

SB556,42,22 350.12 (4) (bm) 1. The actual cost incurred by the department or, the county,or the county park district in maintaining its trails that are qualified under par. (b) 1. or 4. in the previous fiscal year exceeds the maximum of $250 per mile per year under par. (b) 1.

SB556, s. 98 Section 98. 350.12 (4) (bm) 2. of the statutes is amended to read:

SB556,43,2 350.12 (4) (bm) 2. Of the actual cost incurred by the department or, the county, or the county park district in maintaining its trails that are qualified under par. (b) 1. or 4. for the fiscal year applicable under subd. 1., the actual cost incurred in grooming the trails exceeds a maximum of $130 per mile per year.