Amendment ASA1-AB56

AB56-ASA1,369,19 62.23 (7) (hd) Nonconforming quarry sites. Notwithstanding par. (h), an ordinance enacted under this section may not prohibit the continued operation of a quarry at a nonconforming quarry site. For purposes of this paragraph, the continued operation of a quarry includes conducting quarry operations in an area of a nonconforming quarry site in which quarry operations have not previously been conducted. Nothing in this section shall be construed as modifying or limiting an operator's reclamation obligations under a reclamation permit.

AB56-ASA1,777m Section 777m. 66.04135 of the statutes is created to read:

AB56-ASA1,369,24 66.04135 Quarries extracting certain nonmetallic minerals. (1) Construction. (a) Nothing in this section may be construed to affect the authority of a political subdivision to regulate land use for a purpose other than quarry operations.

AB56-ASA1,370,4 (b) Nothing in this section may be construed to exempt a quarry from a regulation of general applicability placed by a political subdivision that applies to other property in the political subdivision that is not a quarry unless the regulation is inconsistent with this section.

AB56-ASA1,370,5 (2) Definitions. In this section:

AB56-ASA1,370,7 (a) “Permit” means a form of approval granted by a political subdivision for the operation of a quarry.

AB56-ASA1,370,8 (b) “Political subdivision” means a city, village, town, or county.

AB56-ASA1,370,12 (c) “Quarry” means the surface area from which nonmetallic minerals, including soil, clay, sand, gravel, and construction aggregate, that are used primarily for a public works project or a private construction or transportation project are extracted and processed.

AB56-ASA1,370,15 (d) “Quarry operations” means the extraction and processing of minerals at a quarry and all related activities, including blasting, vehicle and equipment access to the quarry, and loading and hauling of material to and from the quarry.

AB56-ASA1,370,19 (3) Limitations on local regulation. (a) Permits. 1. Consistent with the requirements and limitations in this subsection, except as provided in subd. 2., a political subdivision may require a quarry operator to obtain a zoning or nonzoning permit to conduct quarry operations.

AB56-ASA1,370,25 2. A political subdivision may not require a quarry operator to obtain a zoning or nonzoning permit to conduct quarry operations unless prior to the establishment of quarry operations the political subdivision enacts an ordinance that requires the permit. A political subdivision may not require a quarry operator to obtain a nonzoning permit to conduct quarry operations if the quarry operation operates under a previously issued zoning permit.

AB56-ASA1,371,7 (b) Applicability of local limit. If a political subdivision enacts a nonzoning ordinance regulating the operation of a quarry that was not in effect when quarry operations began at a quarry, the limit does not apply to that quarry or to land that is contiguous, as defined in s. 59.69 (10) (ab) 1., to the land on which the quarry is located, is under the common ownership, leasehold, or control of the person who owns, leases, or controls the land on which the quarry is located, and is located in the same political subdivision.

AB56-ASA1,371,12 (c) Blasting. 1. In this paragraph, “affected area” means an area within a certain radius of a blasting site that may be affected by a blasting operation, as determined using a formula established by the department of safety and professional services by rule that takes into account a scaled-distance factor and the weight of explosives to be used.

AB56-ASA1,371,14 2. Except as provided under subds. 3. and 4., a political subdivision may not limit blasting at a quarry.

AB56-ASA1,371,16 3. A political subdivision may require the operator of a quarry to do any of the following:

AB56-ASA1,371,19 a. Before beginning a blasting operation at the quarry, provide notice of the blasting operation to each political subdivision in which any part of the quarry is located and to owners of dwellings or other structures within the affected area.

AB56-ASA1,371,22 b. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a building survey of any dwellings or other structures within the affected area.

AB56-ASA1,371,24 c. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a survey of and test any wells within the affected area.

AB56-ASA1,372,2 d. Provide evidence of insurance to each political subdivision in which any part of the quarry is located.

AB56-ASA1,372,4 e. Provide copies of blasting logs to each political subdivision in which any part of the quarry is located.

AB56-ASA1,372,6 f. Provide maps of the affected area to each political subdivision in which any part of the quarry is located.

AB56-ASA1,372,8 g. Provide copies of any reports submitted to the department of safety and professional services relating to blasting at the quarry.

AB56-ASA1,372,14 4. A political subdivision may suspend a permit for a violation of the requirements under s. 101.15 relating to blasting and rules promulgated by the department of safety and professional services under s. 101.15 (2) (e) relating to blasting only if the department of safety and professional services determines that a violation of the requirements or rules has occurred and only for the duration of the violation as determined by the department of safety and professional services.

AB56-ASA1,372,17 (d) Water quality or quantity. 1. Except as provided under subds. 2. to 5., a political subdivision may not do any of the following with respect to the operation of a quarry:

AB56-ASA1,372,18 a. Establish or enforce a water quality standard.

AB56-ASA1,372,20 b. Issue permits, including permits for discharges to the waters of the state, or any other form of approval related to water quality or quantity.

AB56-ASA1,372,21 c. Impose any restriction related to water quality or quantity.

AB56-ASA1,372,22 d. Impose any requirements related to monitoring of water quality or quantity.

AB56-ASA1,372,24 2. A political subdivision may take actions related to water quality that are specifically required or authorized by state law.

AB56-ASA1,373,14 3. A political subdivision may require the operator of a quarry to conduct and provide water quality and quantity baseline testing and ongoing quality testing, to occur not more frequently than annually, of all wells within 1,000 feet of the perimeter of a quarry site when a new high capacity well is added to an existing quarry site or a new quarry site is established. A testing requirement under this subdivision may not impose any standard that is more stringent than the standards for groundwater quality required by rules promulgated by the department of natural resources. The political subdivision may request a report of well testing results within 30 days of the completion of testing, and the quarry operator shall provide the results within that time. Any person offered the opportunity to have a well tested under this subdivision but who knowingly refuses testing waives any claim against a quarry operator related to the condition of the well if, within 90 days of the offer, the quarry operator records with the register of deeds for the county in which the well is located a written and sworn certification that the person refused the offer.

AB56-ASA1,373,17 4. A political subdivision that imposes a requirement to conduct any ongoing water quality or quantity testing of wells adjacent to an existing quarry prior to the effective date of this subdivision .... [LRB inserts date], may continue to do so.

AB56-ASA1,373,24 5. In addition to the ability to enforce properly adopted local regulations as allowed by this section, a political subdivision may suspend a permit authorizing the operation of a quarry for a violation of state law or rules promulgated by the department of natural resources relating to water quality or quantity only if the department of natural resources determines that a violation of state law or rules has occurred and only for the duration of the violation, as determined by the department of natural resources.

AB56-ASA1,374,3 (e) Air quality. 1. Notwithstanding s. 285.73, and except as provided under subds. 2. to 4., a political subdivision may not do any of the following with respect to the operation of a quarry:

AB56-ASA1,374,6 a. Establish or enforce an ambient air quality standard, standard of performance for new stationary sources, or other emission limitation related to air quality.

AB56-ASA1,374,7 b. Issue permits or any other form of approval related to air quality.

AB56-ASA1,374,8 c. Impose any restriction related to air quality.

AB56-ASA1,374,9 d. Impose any requirement related to monitoring air quality.

AB56-ASA1,374,12 2. A political subdivision may require the operator of a quarry to use best management practices to limit off-site fugitive dust and may enforce properly adopted fugitive dust regulations.

AB56-ASA1,374,14 3. A political subdivision may take actions related to air quality that are specifically required or authorized by state law.

AB56-ASA1,374,21 4. In addition to the ability to enforce properly adopted local regulations as allowed by this section, a political subdivision may suspend a permit authorizing the operation of a quarry for a violation of state law or rules promulgated by the department of natural resources relating to air quality only if the department of natural resources determines that a violation of state law or rules has occurred and only for the duration of the violation, as determined by the department of natural resources.

AB56-ASA1,374,24 (f) Quarry permit requirements. 1. A political subdivision may not add a condition to a permit during the duration of the permit unless the permit holder consents.

AB56-ASA1,375,5 2. If a political subdivision requires a quarry to comply with another political subdivision's ordinance as a condition for obtaining a permit, the political subdivision that grants the permit may not require the quarry operator to comply with a provision of the other political subdivision's ordinance that is enacted after the permit is granted and while the permit is in effect.

AB56-ASA1,375,9 3. a. A town may not require, as a condition for granting a permit to a quarry operator, that the quarry operator satisfy a condition that a county requires in order to grant a permit that is imposed by a county ordinance enacted after the county grants a permit to the quarry operator.

AB56-ASA1,375,13 b. A county may not require, as a condition for granting a permit to a quarry operator, that the quarry operator satisfy a condition that a town requires in order to grant a permit that is imposed by a town ordinance enacted after the town grants a permit to the quarry operator.

AB56-ASA1,778g Section 778g. 66.0420 (7) (b) of the statutes is renumbered 66.0420 (7) (b) 1., and 66.0420 (7) (b) 1. (intro.), as renumbered, is amended to read:

AB56-ASA1,375,18 66.0420 (7) (b) 1. (intro.) The Except as provided in subd. 2m., the percentage applied to a video service provider's gross receipts under par. (a) 1. for each municipality shall be 5 percent or one of the following percentages, whichever is less:

AB56-ASA1,778r Section 778r. 66.0420 (7) (b) 2m. of the statutes is created to read:

AB56-ASA1,375,22 66.0420 (7) (b) 2m. The percentage applied to a video service provider's gross receipts under par. (a) 1. for a municipality shall be the percentage that applied under subd. 1. on December 31, 2018, less one of the following:

AB56-ASA1,375,23 a. Beginning on January 1, 2020, 0.5 percent.

AB56-ASA1,375,24 b. Beginning on January 1, 2021, 1.0 percent.

AB56-ASA1,790m Section 790m. 66.0602 (2m) (b) 1. of the statutes is amended to read:

AB56-ASA1,376,7 66.0602 (2m) (b) 1. In this paragraph, “covered service" means garbage collection, fire protection, snow plowing, or street sweeping, or storm water management, except that garbage collection may not be a covered service for any political subdivision that owned and operated a landfill on January 1, 2013. With regard to fire protection, “covered service” does not include the production, storage, transmission, sale and delivery, or furnishing of water for public fire protection purposes.

AB56-ASA1,828 Section 828 . 70.11 (1) of the statutes is amended to read:

AB56-ASA1,376,20 70.11 (1) Property of the state. Property owned by this state except land contracted to be sold by the state. This exemption shall not apply to land conveyed after September, 1933, to this state or for its benefit while the grantor or others for the grantor's benefit are permitted to occupy the land or part thereof in consideration for the conveyance; nor shall it apply to land devised to the state or for its benefit while another person is permitted by the will to occupy the land or part thereof. This exemption shall not apply to any property acquired by the department of veterans affairs under s. 45.32 (5) and (7), 2017 stats., or to the property of insurers undergoing rehabilitation or liquidation under ch. 645. Property exempt under this subsection includes general property owned by the state and leased to a private, nonprofit corporation that operates an Olympic ice training center, regardless of the use of the leasehold income.

AB56-ASA1,849 Section 849 . 71.05 (1) (c) 14. of the statutes is created to read:

AB56-ASA1,376,25 71.05 (1) (c) 14. The Wisconsin Health and Educational Facilities Authority under s. 231.03 (6), if the bonds or notes are issued in an amount totaling $35,000,000 or less, and to the extent that the interest income received is not otherwise exempt under this subsection.

AB56-ASA1,857 Section 857. 71.05 (6) (b) 17. of the statutes is repealed.

AB56-ASA1,858 Section 858 . 71.05 (6) (b) 18. of the statutes is repealed.

AB56-ASA1,859 Section 859 . 71.05 (6) (b) 19. c. of the statutes is amended to read:

AB56-ASA1,377,9 71.05 (6) (b) 19. c. For taxable years beginning before January 1, 2020, for a person who is a nonresident or a part-year resident of this state, modify the amount calculated under subd. 19. b. by multiplying the amount by a fraction the numerator of which is the person's net earnings from a trade or business that are taxable by this state and the denominator of which is the person's total net earnings from a trade or business.

AB56-ASA1,860 Section 860 . 71.05 (6) (b) 19. cm. of the statutes is created to read:

AB56-ASA1,377,23 71.05 (6) (b) 19. cm. For taxable years beginning after December 31, 2019, for a person who is a nonresident or a part-year resident of this state, modify the amount calculated under subd. 19. b. by multiplying the amount by a fraction the numerator of which is the person's wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state and the denominator of which is the person's total wages, salary, tips, unearned income, and net earnings from a trade or business. In this subdivision, for married persons filing separately “ wages, salary, tips, unearned income, and net earnings from a trade or business" means the separate wages, salary, tips, unearned income, and net earnings from a trade or business of each spouse, and for married persons filing jointly “wages, salary, tips, unearned income, and net earnings from a trade or business" means the total wages, salary, tips, unearned income, and net earnings from a trade or business of both spouses.

AB56-ASA1,861 Section 861 . 71.05 (6) (b) 19. d. of the statutes is amended to read:

AB56-ASA1,378,3 71.05 (6) (b) 19. d. Reduce For taxable years beginning before January 1, 2020, reduce the amount calculated under subd. 19. b. or c. to the person's aggregate net earnings from a trade or business that are taxable by this state.

AB56-ASA1,862 Section 862 . 71.05 (6) (b) 19. dm. of the statutes is created to read:

AB56-ASA1,378,8 71.05 (6) (b) 19. dm. For taxable years beginning after December 31, 2019, reduce the amount calculated under subd. 19. b. or cm. to the person's aggregate wages, salary, tips, unearned income, and net earnings from a trade or business that are taxable by this state.

AB56-ASA1,863 Section 863 . 71.05 (6) (b) 20. of the statutes is repealed.

AB56-ASA1,864 Section 864 . 71.05 (6) (b) 36. of the statutes is repealed.

AB56-ASA1,865 Section 865 . 71.05 (6) (b) 37. of the statutes is repealed.

AB56-ASA1,866 Section 866 . 71.05 (6) (b) 39. of the statutes is repealed.

AB56-ASA1,867 Section 867 . 71.05 (6) (b) 40. of the statutes is repealed.

AB56-ASA1,868 Section 868 . 71.05 (6) (b) 41. of the statutes is repealed.

AB56-ASA1,877q Section 877q. 71.06 (1q) (b) of the statutes is amended to read:

AB56-ASA1,378,18 71.06 (1q) (b) On all taxable income exceeding $7,500 but not exceeding $15,000, 5.84 percent, except that for taxable years beginning after December 31, 2018, 5.21 percent.

AB56-ASA1,877r Section 877r. 71.06 (2) (i) 2. of the statutes is amended to read:

AB56-ASA1,378,22 71.06 (2) (i) 2. On all taxable income exceeding $10,000 but not exceeding $20,000, 5.84 percent, except that for taxable years beginning after December 31, 2018, 5.21 percent.

AB56-ASA1,877s Section 877s. 71.06 (2) (j) 2. of the statutes is amended to read:

AB56-ASA1,379,3 71.06 (2) (j) 2. On all taxable income exceeding $5,000 but not exceeding $10,000, 5.84 percent, except that for taxable years beginning after December 31, 2018, 5.21 percent.

AB56-ASA1,882 Section 882 . 71.07 (5) (a) 15. of the statutes is amended to read:

AB56-ASA1,379,10 71.07 (5) (a) 15. The amount claimed as a deduction for medical care insurance under section 213 of the Internal Revenue Code that is exempt from taxation under s. 71.05 (6) (b) 17. to 20. 19., 35., 36., 37., 38., 39., 40., 41., and 42. and the amount claimed as a deduction for a long-term care insurance policy under section 213 (d) (1) (D) of the Internal Revenue Code, as defined in section 7702B (b) of the Internal Revenue Code that is exempt from taxation under s. 71.05 (6) (b) 26.

AB56-ASA1,883 Section 883 . 71.07 (5m) (e) of the statutes is created to read:

AB56-ASA1,379,13 71.07 (5m) (e) Sunset. No credit may be claimed under this subsection for taxable years beginning after December 31, 2018.

AB56-ASA1,923 Section 923 . 71.26 (1m) (o) of the statutes is created to read:

AB56-ASA1,379,18 71.26 (1m) (o) Those issued by the Wisconsin Health and Educational Facilities Authority under s. 231.03 (6), if the bonds or notes are issued in an amount totaling $35,000,000 or less, and to the extent that the interest income received is not otherwise exempt under this subsection.

AB56-ASA1,961 Section 961 . 71.45 (1t) (n) of the statutes is created to read:

AB56-ASA1,379,23 71.45 (1t) (n) Those issued by the Wisconsin Health and Educational Facilities Authority under s. 231.03 (6), if the bonds or notes are issued in an amount totaling $35,000,000 or less, and to the extent that the interest income received is not otherwise exempt under this subsection.

AB56-ASA1,973 Section 973 . 71.52 (6) of the statutes is amended to read:

AB56-ASA1,381,14 71.52 (6) “Income" means the sum of Wisconsin adjusted gross income and the following amounts, to the extent not included in Wisconsin adjusted gross income: maintenance payments (except foster care maintenance and supplementary payments excludable under section 131 of the internal revenue code), support money, cash public assistance (not including credit granted under this subchapter and amounts under s. 46.27, 2017 stats.), cash benefits paid by counties under s. 59.53 (21), the gross amount of any pension or annuity (including railroad retirement benefits, all payments received under the federal social security act and veterans disability pensions), nontaxable interest received from the federal government or any of its instrumentalities, nontaxable interest received on state or municipal bonds, worker's compensation, unemployment insurance, the gross amount of “loss of time" insurance, compensation and other cash benefits received from the United States for past or present service in the armed forces, scholarship and fellowship gifts or income, capital gains, gain on the sale of a personal residence excluded under section 121 of the internal revenue code, dividends, income of a nonresident or part-year resident who is married to a full-year resident, housing allowances provided to members of the clergy, the amount by which a resident manager's rent is reduced, nontaxable income of an American Indian, nontaxable income from sources outside this state and nontaxable deferred compensation. Intangible drilling costs, depletion allowances and depreciation, including first-year depreciation allowances under section 179 of the internal revenue code, amortization, contributions to individual retirement accounts under section 219 of the internal revenue code, contributions to Keogh plans, net operating loss carry-backs and carry-forwards, capital loss carry-forwards, and disqualified losses deducted in determining Wisconsin adjusted gross income shall be added to “income". “ Income" does not include gifts from natural persons, cash reimbursement payments made under title XX of the federal social security act, surplus food or other relief in kind supplied by a governmental agency, the gain on the sale of a personal residence deferred under section 1034 of the internal revenue code or nonrecognized gain from involuntary conversions under section 1033 of the internal revenue code. Amounts not included in adjusted gross income but added to “income" under this subsection in a previous year and repaid may be subtracted from income for the year during which they are repaid. Scholarship and fellowship gifts or income that are included in Wisconsin adjusted gross income and that were added to household income for purposes of determining the credit under this subchapter in a previous year may be subtracted from income for the current year in determining the credit under this subchapter. A marital property agreement or unilateral statement under ch. 766 has no effect in computing “income" for a person whose homestead is not the same as the homestead of that person's spouse.

AB56-ASA1,980 Section 980 . 71.58 (7) (a) of the statutes is amended to read: