This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB56-ASA1,368,88 60.61 (5) (ab) 3. “Quarry” has the meaning given in s. 66.04135 (2) (c).
AB56-ASA1,761k 9Section 761k. 60.61 (5) (ab) 4. of the statutes is created to read:
AB56-ASA1,368,1110 60.61 (5) (ab) 4. “Quarry operations” has the meaning given in s. 66.04135 (2)
11(d).
AB56-ASA1,761p 12Section 761p. 60.61 (5) (as) of the statutes is created to read:
AB56-ASA1,368,1913 60.61 (5) (as) Notwithstanding par. (am), an ordinance enacted under this
14section may not prohibit the continued operation of a quarry at a nonconforming
15quarry site. For purposes of this paragraph, the continued operation of a quarry
16includes conducting quarry operations in an area of a nonconforming quarry site in
17which quarry operations have not previously been conducted. Nothing in this section
18shall be construed as modifying or limiting an operator's reclamation obligations
19under a reclamation permit.
AB56-ASA1,766c 20Section 766c. 62.23 (7) (ab) of the statutes is renumbered 62.23 (7) (ab) (intro.)
21and amended to read:
AB56-ASA1,368,2322 62.23 (7) (ab) Definition Definitions. (intro.) In this subsection
23“nonconforming use":
AB56-ASA1,369,3
12. “Nonconforming use” means a use of land, a dwelling, or a building that
2existed lawfully before the current zoning ordinance was enacted or amended, but
3that does not conform with the use restrictions in the current ordinance.
AB56-ASA1,766g 4Section 766g. 62.23 (7) (ab) 1. of the statutes is created to read:
AB56-ASA1,369,65 62.23 (7) (ab) 1. “Nonconforming quarry site” has the meaning given in s. 59.69
6(10) (ab) 2.
AB56-ASA1,766n 7Section 766n. 62.23 (7) (ab) 3. of the statutes is created to read:
AB56-ASA1,369,88 62.23 (7) (ab) 3. “Quarry” has the meaning given in s. 66.04135 (2) (c).
AB56-ASA1,766r 9Section 766r. 62.23 (7) (ab) 4. of the statutes is created to read:
AB56-ASA1,369,1110 62.23 (7) (ab) 4. “Quarry operations” has the meaning given in s. 66.04135 (2)
11(d).
AB56-ASA1,766w 12Section 766w. 62.23 (7) (hd) of the statutes is created to read:
AB56-ASA1,369,1913 62.23 (7) (hd) Nonconforming quarry sites. Notwithstanding par. (h), an
14ordinance enacted under this section may not prohibit the continued operation of a
15quarry at a nonconforming quarry site. For purposes of this paragraph, the
16continued operation of a quarry includes conducting quarry operations in an area of
17a nonconforming quarry site in which quarry operations have not previously been
18conducted. Nothing in this section shall be construed as modifying or limiting an
19operator's reclamation obligations under a reclamation permit.
AB56-ASA1,777m 20Section 777m. 66.04135 of the statutes is created to read:
AB56-ASA1,369,24 2166.04135 Quarries extracting certain nonmetallic minerals. (1)
22Construction. (a) Nothing in this section may be construed to affect the authority
23of a political subdivision to regulate land use for a purpose other than quarry
24operations.
AB56-ASA1,370,4
1(b) Nothing in this section may be construed to exempt a quarry from a
2regulation of general applicability placed by a political subdivision that applies to
3other property in the political subdivision that is not a quarry unless the regulation
4is inconsistent with this section.
AB56-ASA1,370,5 5(2) Definitions. In this section:
AB56-ASA1,370,76 (a) “Permit” means a form of approval granted by a political subdivision for the
7operation of a quarry.
AB56-ASA1,370,88 (b) “Political subdivision” means a city, village, town, or county.
AB56-ASA1,370,129 (c) “Quarry” means the surface area from which nonmetallic minerals,
10including soil, clay, sand, gravel, and construction aggregate, that are used primarily
11for a public works project or a private construction or transportation project are
12extracted and processed.
AB56-ASA1,370,1513 (d) “Quarry operations” means the extraction and processing of minerals at a
14quarry and all related activities, including blasting, vehicle and equipment access
15to the quarry, and loading and hauling of material to and from the quarry.
AB56-ASA1,370,19 16(3) Limitations on local regulation. (a) Permits. 1. Consistent with the
17requirements and limitations in this subsection, except as provided in subd. 2., a
18political subdivision may require a quarry operator to obtain a zoning or nonzoning
19permit to conduct quarry operations.
AB56-ASA1,370,2520 2. A political subdivision may not require a quarry operator to obtain a zoning
21or nonzoning permit to conduct quarry operations unless prior to the establishment
22of quarry operations the political subdivision enacts an ordinance that requires the
23permit. A political subdivision may not require a quarry operator to obtain a
24nonzoning permit to conduct quarry operations if the quarry operation operates
25under a previously issued zoning permit.
AB56-ASA1,371,7
1(b) Applicability of local limit. If a political subdivision enacts a nonzoning
2ordinance regulating the operation of a quarry that was not in effect when quarry
3operations began at a quarry, the limit does not apply to that quarry or to land that
4is contiguous, as defined in s. 59.69 (10) (ab) 1., to the land on which the quarry is
5located, is under the common ownership, leasehold, or control of the person who
6owns, leases, or controls the land on which the quarry is located, and is located in the
7same political subdivision.
AB56-ASA1,371,128 (c) Blasting. 1. In this paragraph, “affected area” means an area within a
9certain radius of a blasting site that may be affected by a blasting operation, as
10determined using a formula established by the department of safety and professional
11services by rule that takes into account a scaled-distance factor and the weight of
12explosives to be used.
AB56-ASA1,371,1413 2. Except as provided under subds. 3. and 4., a political subdivision may not
14limit blasting at a quarry.
AB56-ASA1,371,1615 3. A political subdivision may require the operator of a quarry to do any of the
16following:
AB56-ASA1,371,1917 a. Before beginning a blasting operation at the quarry, provide notice of the
18blasting operation to each political subdivision in which any part of the quarry is
19located and to owners of dwellings or other structures within the affected area.
AB56-ASA1,371,2220 b. Before beginning a blasting operation at the quarry, cause a 3rd party to
21conduct a building survey of any dwellings or other structures within the affected
22area.
AB56-ASA1,371,2423 c. Before beginning a blasting operation at the quarry, cause a 3rd party to
24conduct a survey of and test any wells within the affected area.
AB56-ASA1,372,2
1d. Provide evidence of insurance to each political subdivision in which any part
2of the quarry is located.
AB56-ASA1,372,43 e. Provide copies of blasting logs to each political subdivision in which any part
4of the quarry is located.
AB56-ASA1,372,65 f. Provide maps of the affected area to each political subdivision in which any
6part of the quarry is located.
AB56-ASA1,372,87 g. Provide copies of any reports submitted to the department of safety and
8professional services relating to blasting at the quarry.
AB56-ASA1,372,149 4. A political subdivision may suspend a permit for a violation of the
10requirements under s. 101.15 relating to blasting and rules promulgated by the
11department of safety and professional services under s. 101.15 (2) (e) relating to
12blasting only if the department of safety and professional services determines that
13a violation of the requirements or rules has occurred and only for the duration of the
14violation as determined by the department of safety and professional services.
AB56-ASA1,372,1715 (d) Water quality or quantity. 1. Except as provided under subds. 2. to 5., a
16political subdivision may not do any of the following with respect to the operation of
17a quarry:
AB56-ASA1,372,1818 a. Establish or enforce a water quality standard.
AB56-ASA1,372,2019 b. Issue permits, including permits for discharges to the waters of the state, or
20any other form of approval related to water quality or quantity.
AB56-ASA1,372,2121 c. Impose any restriction related to water quality or quantity.
AB56-ASA1,372,2222 d. Impose any requirements related to monitoring of water quality or quantity.
AB56-ASA1,372,2423 2. A political subdivision may take actions related to water quality that are
24specifically required or authorized by state law.
AB56-ASA1,373,14
13. A political subdivision may require the operator of a quarry to conduct and
2provide water quality and quantity baseline testing and ongoing quality testing, to
3occur not more frequently than annually, of all wells within 1,000 feet of the
4perimeter of a quarry site when a new high capacity well is added to an existing
5quarry site or a new quarry site is established. A testing requirement under this
6subdivision may not impose any standard that is more stringent than the standards
7for groundwater quality required by rules promulgated by the department of natural
8resources. The political subdivision may request a report of well testing results
9within 30 days of the completion of testing, and the quarry operator shall provide the
10results within that time. Any person offered the opportunity to have a well tested
11under this subdivision but who knowingly refuses testing waives any claim against
12a quarry operator related to the condition of the well if, within 90 days of the offer,
13the quarry operator records with the register of deeds for the county in which the well
14is located a written and sworn certification that the person refused the offer.
AB56-ASA1,373,1715 4. A political subdivision that imposes a requirement to conduct any ongoing
16water quality or quantity testing of wells adjacent to an existing quarry prior to the
17effective date of this subdivision .... [LRB inserts date], may continue to do so.
AB56-ASA1,373,2418 5. In addition to the ability to enforce properly adopted local regulations as
19allowed by this section, a political subdivision may suspend a permit authorizing the
20operation of a quarry for a violation of state law or rules promulgated by the
21department of natural resources relating to water quality or quantity only if the
22department of natural resources determines that a violation of state law or rules has
23occurred and only for the duration of the violation, as determined by the department
24of natural resources.
AB56-ASA1,374,3
1(e) Air quality. 1. Notwithstanding s. 285.73, and except as provided under
2subds. 2. to 4., a political subdivision may not do any of the following with respect to
3the operation of a quarry:
AB56-ASA1,374,64 a. Establish or enforce an ambient air quality standard, standard of
5performance for new stationary sources, or other emission limitation related to air
6quality.
AB56-ASA1,374,77 b. Issue permits or any other form of approval related to air quality.
AB56-ASA1,374,88 c. Impose any restriction related to air quality.
AB56-ASA1,374,99 d. Impose any requirement related to monitoring air quality.
AB56-ASA1,374,1210 2. A political subdivision may require the operator of a quarry to use best
11management practices to limit off-site fugitive dust and may enforce properly
12adopted fugitive dust regulations.
AB56-ASA1,374,1413 3. A political subdivision may take actions related to air quality that are
14specifically required or authorized by state law.
AB56-ASA1,374,2115 4. In addition to the ability to enforce properly adopted local regulations as
16allowed by this section, a political subdivision may suspend a permit authorizing the
17operation of a quarry for a violation of state law or rules promulgated by the
18department of natural resources relating to air quality only if the department of
19natural resources determines that a violation of state law or rules has occurred and
20only for the duration of the violation, as determined by the department of natural
21resources.
AB56-ASA1,374,2422 (f) Quarry permit requirements. 1. A political subdivision may not add a
23condition to a permit during the duration of the permit unless the permit holder
24consents.
AB56-ASA1,375,5
12. If a political subdivision requires a quarry to comply with another political
2subdivision's ordinance as a condition for obtaining a permit, the political
3subdivision that grants the permit may not require the quarry operator to comply
4with a provision of the other political subdivision's ordinance that is enacted after the
5permit is granted and while the permit is in effect.
AB56-ASA1,375,96 3. a. A town may not require, as a condition for granting a permit to a quarry
7operator, that the quarry operator satisfy a condition that a county requires in order
8to grant a permit that is imposed by a county ordinance enacted after the county
9grants a permit to the quarry operator.
AB56-ASA1,375,1310 b. A county may not require, as a condition for granting a permit to a quarry
11operator, that the quarry operator satisfy a condition that a town requires in order
12to grant a permit that is imposed by a town ordinance enacted after the town grants
13a permit to the quarry operator.
AB56-ASA1,778g 14Section 778g. 66.0420 (7) (b) of the statutes is renumbered 66.0420 (7) (b) 1.,
15and 66.0420 (7) (b) 1. (intro.), as renumbered, is amended to read:
AB56-ASA1,375,1816 66.0420 (7) (b) 1. (intro.) The Except as provided in subd. 2m., the percentage
17applied to a video service provider's gross receipts under par. (a) 1. for each
18municipality shall be 5 percent or one of the following percentages, whichever is less:
AB56-ASA1,778r 19Section 778r. 66.0420 (7) (b) 2m. of the statutes is created to read:
AB56-ASA1,375,2220 66.0420 (7) (b) 2m. The percentage applied to a video service provider's gross
21receipts under par. (a) 1. for a municipality shall be the percentage that applied
22under subd. 1. on December 31, 2018, less one of the following:
AB56-ASA1,375,2323 a. Beginning on January 1, 2020, 0.5 percent.
AB56-ASA1,375,2424 b. Beginning on January 1, 2021, 1.0 percent.
AB56-ASA1,790m 25Section 790m. 66.0602 (2m) (b) 1. of the statutes is amended to read:
AB56-ASA1,376,7
166.0602 (2m) (b) 1. In this paragraph, “covered service" means garbage
2collection, fire protection, snow plowing, or street sweeping, or storm water
3management,
except that garbage collection may not be a covered service for any
4political subdivision that owned and operated a landfill on January 1, 2013. With
5regard to fire protection, “covered service” does not include the production, storage,
6transmission, sale and delivery, or furnishing of water for public fire protection
7purposes.
AB56-ASA1,828 8Section 828 . 70.11 (1) of the statutes is amended to read:
AB56-ASA1,376,209 70.11 (1) Property of the state. Property owned by this state except land
10contracted to be sold by the state. This exemption shall not apply to land conveyed
11after September, 1933, to this state or for its benefit while the grantor or others for
12the grantor's benefit are permitted to occupy the land or part thereof in consideration
13for the conveyance; nor shall it apply to land devised to the state or for its benefit
14while another person is permitted by the will to occupy the land or part thereof. This
15exemption shall not apply to any property acquired by the department of veterans
16affairs under s. 45.32 (5) and (7), 2017 stats., or to the property of insurers
17undergoing rehabilitation or liquidation under ch. 645. Property exempt under this
18subsection includes general property owned by the state and leased to a private,
19nonprofit corporation that operates an Olympic ice training center, regardless of the
20use of the leasehold income.
AB56-ASA1,849 21Section 849 . 71.05 (1) (c) 14. of the statutes is created to read:
AB56-ASA1,376,2522 71.05 (1) (c) 14. The Wisconsin Health and Educational Facilities Authority
23under s. 231.03 (6), if the bonds or notes are issued in an amount totaling $35,000,000
24or less, and to the extent that the interest income received is not otherwise exempt
25under this subsection.
AB56-ASA1,857
1Section 857. 71.05 (6) (b) 17. of the statutes is repealed.
AB56-ASA1,858 2Section 858 . 71.05 (6) (b) 18. of the statutes is repealed.
AB56-ASA1,859 3Section 859 . 71.05 (6) (b) 19. c. of the statutes is amended to read:
AB56-ASA1,377,94 71.05 (6) (b) 19. c. For taxable years beginning before January 1, 2020, for a
5person who is a nonresident or a part-year resident of this state, modify the amount
6calculated under subd. 19. b. by multiplying the amount by a fraction the numerator
7of which is the person's net earnings from a trade or business that are taxable by this
8state and the denominator of which is the person's total net earnings from a trade
9or business.
AB56-ASA1,860 10Section 860 . 71.05 (6) (b) 19. cm. of the statutes is created to read:
AB56-ASA1,377,2311 71.05 (6) (b) 19. cm. For taxable years beginning after December 31, 2019, for
12a person who is a nonresident or a part-year resident of this state, modify the amount
13calculated under subd. 19. b. by multiplying the amount by a fraction the numerator
14of which is the person's wages, salary, tips, unearned income, and net earnings from
15a trade or business that are taxable by this state and the denominator of which is the
16person's total wages, salary, tips, unearned income, and net earnings from a trade
17or business. In this subdivision, for married persons filing separately “ wages, salary,
18tips, unearned income, and net earnings from a trade or business" means the
19separate wages, salary, tips, unearned income, and net earnings from a trade or
20business of each spouse, and for married persons filing jointly “wages, salary, tips,
21unearned income, and net earnings from a trade or business" means the total wages,
22salary, tips, unearned income, and net earnings from a trade or business of both
23spouses.
AB56-ASA1,861 24Section 861 . 71.05 (6) (b) 19. d. of the statutes is amended to read:
AB56-ASA1,378,3
171.05 (6) (b) 19. d. Reduce For taxable years beginning before January 1, 2020,
2reduce
the amount calculated under subd. 19. b. or c. to the person's aggregate net
3earnings from a trade or business that are taxable by this state.
AB56-ASA1,862 4Section 862 . 71.05 (6) (b) 19. dm. of the statutes is created to read:
AB56-ASA1,378,85 71.05 (6) (b) 19. dm. For taxable years beginning after December 31, 2019,
6reduce the amount calculated under subd. 19. b. or cm. to the person's aggregate
7wages, salary, tips, unearned income, and net earnings from a trade or business that
8are taxable by this state.
AB56-ASA1,863 9Section 863 . 71.05 (6) (b) 20. of the statutes is repealed.
AB56-ASA1,864 10Section 864 . 71.05 (6) (b) 36. of the statutes is repealed.
AB56-ASA1,865 11Section 865 . 71.05 (6) (b) 37. of the statutes is repealed.
AB56-ASA1,866 12Section 866 . 71.05 (6) (b) 39. of the statutes is repealed.
AB56-ASA1,867 13Section 867 . 71.05 (6) (b) 40. of the statutes is repealed.
AB56-ASA1,868 14Section 868 . 71.05 (6) (b) 41. of the statutes is repealed.
AB56-ASA1,877q 15Section 877q. 71.06 (1q) (b) of the statutes is amended to read:
AB56-ASA1,378,1816 71.06 (1q) (b) On all taxable income exceeding $7,500 but not exceeding
17$15,000, 5.84 percent, except that for taxable years beginning after December 31,
182018, 5.21 percent
.
Loading...
Loading...