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LRB-3829/2
EVM:cjs&ahe
2015 - 2016 LEGISLATURE
January 22, 2016 - Introduced by Senators Roth, Lasee, Kapenga, LeMahieu,
Gudex and Tiffany, cosponsored by Representatives Rohrkaste, Vorpagel,
Swearingen, Craig, Kleefisch, Czaja, Gannon, R. Brooks, Kremer, Jarchow,
Kuglitsch, Kooyenga, Murphy, Katsma, Brandtjen, Quinn and A. Ott.
Referred to Committee on Elections and Local Government.
SB601,1,2 1An Act to create 66.0419 of the statutes; relating to: local regulation of certain
2containers.
Analysis by the Legislative Reference Bureau
This bill limits the authority of a political subdivision (a city, village, town, or
county) to regulate auxiliary containers. "Auxiliary container" is defined as "a bag,
cup, bottle, or other packaging that is designed to be reusable or single-use; that is
made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass,
postconsumer recycled material, or similar material or substrates, including coated,
laminated, or multi-layer substrates; and that is designed for transporting or
protecting merchandise, food, or beverages from a food service or retail facility."
Specifically, with certain exceptions, a political subdivision may not 1) enact or
enforce an ordinance regulating the use, disposition, or sale of auxiliary containers,
2) prohibit or restrict auxiliary containers, or 3) impose a fee, charge, or surcharge
on auxiliary containers.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB601,1 3Section 1. 66.0419 of the statutes is created to read:
SB601,1,4 466.0419 Local regulation of auxiliary containers. (1) In this section:
SB601,2,6
1(a) "Auxiliary container" means a bag, cup, bottle, or other packaging that is
2designed to be reusable or single-use; that is made of cloth, paper, plastic, cardboard,
3corrugated material, aluminum, glass, postconsumer recycled material, or similar
4material or substrates, including coated, laminated, or multi-layer substrates; and
5that is designed for transporting or protecting merchandise, food, or beverages from
6a food service or retail facility.
SB601,2,77 (b) "Political subdivision" means a city, village, town, or county.
SB601,2,8 8(2) No political subdivision may do any of the following:
SB601,2,109 (a) Enact or enforce an ordinance or adopt or enforce a resolution regulating
10the use, disposition, or sale of auxiliary containers.
SB601,2,1111 (b) Prohibit or restrict auxiliary containers.
SB601,2,1212 (c) Impose a fee, charge, or surcharge on auxiliary containers.
SB601,2,15 13(3) (a) This section does not limit the authority of a political subdivision in
14operating a curbside recycling or commercial recycling program or in designating a
15recycling location.
SB601,2,1716 (b) Subsection (2) (b) and (c) does not apply to the use of auxiliary containers
17on a property owned by the political subdivision.
SB601,2,1818 (End)
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