Amendment ASA1-AB64

AB64-ASA1,557,5 59.69 (10) (ab) 4. “Quarry” has the meaning given in s. 66.0414 (2) (d).

AB64-ASA1,982ie Section 982ie. 59.69 (10) (ab) 5. of the statutes is created to read:

AB64-ASA1,557,8 59.69 (10) (ab) 5. “Quarry operations” has the meaning given in s. 66.0414 (2) (e).

AB64-ASA1,982if Section 982if. 59.69 (10) (ap) of the statutes is created to read:

AB64-ASA1,557,14 59.69 (10) (ap) Notwithstanding par. (am), 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.

AB64-ASA1,982ig Section 982ig. 59.69 (10s) of the statutes is created to read:

AB64-ASA1,557,19 59.69 (10s) Renewal of quarry permits. (a) Except as provided in par. (b), a county shall, upon submission by a quarry operator of an application for renewal of a permit, as defined in s. 66.0414 (2) (a), renew the permit if the permit has a duration of less than 10 years.

AB64-ASA1,557,24 (b) A county may deny the renewal of a permit, as defined in s. 66.0414 (2) (a), having a duration of less than 10 years if the holder of the permit fails to cure a material violation of a condition of the permit after reasonable notice from the county of the violation and a reasonable opportunity for the quarry operator to cure the violation.

AB64-ASA1,982m Section 982m. 60.61 (5) (ab) of the statutes is renumbered 60.61 (5) (ab) (intro.) and amended to read:

AB64-ASA1,558,3 60.61 (5) (ab) (intro.) In this subsection “ nonconforming use":

AB64-ASA1,558,6 2. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

AB64-ASA1,982mb Section 982mb. 60.61 (5) (ab) 1. of the statutes is created to read:

AB64-ASA1,558,9 60.61 (5) (ab) 1. “Nonconforming quarry site” has the meaning given in s. 59.69 (10) (ab) 2.

AB64-ASA1,982mc Section 982mc. 60.61 (5) (ab) 3. of the statutes is created to read:

AB64-ASA1,558,11 60.61 (5) (ab) 3. “Quarry” has the meaning given in s. 66.0414 (2) (d).

AB64-ASA1,982md Section 982md. 60.61 (5) (ab) 4. of the statutes is created to read:

AB64-ASA1,558,14 60.61 (5) (ab) 4. “Quarry operations” has the meaning given in s. 66.0414 (2) (e).

AB64-ASA1,982me Section 982me. 60.61 (5) (as) of the statutes is created to read:

AB64-ASA1,558,20 60.61 (5) (as) Notwithstanding par. (am), 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.

AB64-ASA1,982mf Section 982mf. 60.61 (5s) of the statutes is created to read:

AB64-ASA1,558,25 60.61 (5s) Renewal of quarry permits. (a) Except as provided in par. (b), a town shall, upon submission by a quarry operator of an application for renewal of a permit, as defined in s. 66.0414 (2) (a), renew the permit if the permit has a duration of less than 10 years.

AB64-ASA1,559,5 (b) A town may deny the renewal of a permit, as defined in s. 66.0414 (2) (a), having a duration of less than 10 years if the holder of the permit fails to cure a material violation of a condition of the permit after reasonable notice from the town of the violation and a reasonable opportunity for the quarry operator to cure the violation.

AB64-ASA1,982p Section 982p. 60.782 (2) (d) of the statutes is amended to read:

AB64-ASA1,559,12 60.782 (2) (d) Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275 (4). The power of condemnation may not used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

AB64-ASA1,982pg Section 982pg. 61.34 (3) of the statutes is renumbered 61.34 (3) (a) and amended to read:

AB64-ASA1,559,23 61.34 (3) (a) The Except as provided in par. (b), the village board may acquire property, real or personal, within or outside the village, for parks, libraries, recreation, beautification, streets, water systems, sewage or waste disposal, harbors, improvement of watercourses, public grounds, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the village, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such property. Condemnation shall be as provided by ch. 32.

AB64-ASA1,982pm Section 982pm. 61.34 (3) (b) of the statutes is created to read:

AB64-ASA1,560,4 61.34 (3) (b) The village board may not use the power of condemnation to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

AB64-ASA1,982pr Section 982pr. 62.22 (1) of the statutes is renumbered 62.22 (1) (a) and amended to read:

AB64-ASA1,560,15 62.22 (1) (a) The Except as provided in par. (b), the governing body of any city may by gift, purchase or condemnation acquire property, real or personal, within or outside the city, for parks, recreation, water systems, sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the city, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for public purposes; and may sell and convey such property. The power of condemnation for any such purpose shall be as provided by ch. 32.

AB64-ASA1,982pt Section 982pt. 62.22 (1) (b) of the statutes is created to read:

AB64-ASA1,560,20 62.22 (1) (b) The governing body of any city may not use the power of condemnation to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

AB64-ASA1,982q Section 982q. 62.23 (7) (ab) of the statutes is renumbered 62.23 (7) (ab) (intro.) and amended to read:

AB64-ASA1,560,24 62.23 (7) (ab) Definition Definitions. (intro.) In this subsection “nonconforming use":

AB64-ASA1,561,3 2. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

AB64-ASA1,982qb Section 982qb. 62.23 (7) (ab) 1. of the statutes is created to read:

AB64-ASA1,561,6 62.23 (7) (ab) 1. “Nonconforming quarry site” has the meaning given in s. 59.69 (10) (ab) 2.

AB64-ASA1,982qc Section 982qc. 62.23 (7) (ab) 3. of the statutes is created to read:

AB64-ASA1,561,8 62.23 (7) (ab) 3. “Quarry” has the meaning given in s. 66.0414 (2) (d).

AB64-ASA1,982qd Section 982qd. 62.23 (7) (ab) 4. of the statutes is created to read:

AB64-ASA1,561,11 62.23 (7) (ab) 4. “Quarry operations” has the meaning given in s. 66.0414 (2) (e).

AB64-ASA1,982qe Section 982qe. 62.23 (7) (hd) of the statutes is created to read:

AB64-ASA1,561,18 62.23 (7) (hd) Nonconforming quarry sites. Notwithstanding par. (h), an ordinance enacted under this subsection 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.

AB64-ASA1,982qs Section 982qs. 62.23 (17) (a) (intro.) of the statutes is amended to read:

AB64-ASA1,562,2 62.23 (17) (a) (intro.) Cities Except as provided in par. (am), cities may acquire by gift, lease, purchase or condemnation any lands (a) within its corporate limits for establishing, laying out, widening, enlarging, extending and maintaining memorial grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same; (b) any lands adjoining or near to such city for use, sublease or sale for any of the following purposes:

AB64-ASA1,982r Section 982r. 62.23 (17) (am) of the statutes is created to read:

AB64-ASA1,562,7 62.23 (17) (am) Cities may not use the power of condemnation to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

AB64-ASA1,982s Section 982s. 62.23 (19) of the statutes is created to read:

AB64-ASA1,562,12 62.23 (19) Renewal of quarry permits. (a) Except as provided in par. (b), a city shall, upon submission by a quarry operator of an application for renewal of a permit, as defined in s. 66.0414 (2) (a), renew the permit if the permit has a duration of less than 10 years.

AB64-ASA1,562,17 (b) A city may deny the renewal of a permit, as defined in s. 66.0414 (2) (a), having a duration of less than 10 years if the holder of the permit fails to cure a material violation of a condition of the permit after reasonable notice from the city of the violation and a reasonable opportunity for the quarry operator to cure the violation.

AB64-ASA1,982t Section 982t. 66.0102 of the statutes is created to read:

AB64-ASA1,562,20 66.0102 Conflicts with statutory provisions. (1) In this section, “political subdivision” means a city, village, town, or county.

AB64-ASA1,562,22 (2) A political subdivision may not enforce an ordinance if any of the following applies:

AB64-ASA1,562,24 (a) A statutory provision prohibits the political subdivision from enforcing the ordinance.

AB64-ASA1,562,25 (b) The ordinance logically conflicts with a statutory provision.

AB64-ASA1,563,1 (c) The ordinance defeats the purpose of a statutory provision.

AB64-ASA1,563,2 (d) The ordinance violates the spirit of a statutory provision.

AB64-ASA1,983e Section 983e. 66.0137 (5) (b) of the statutes is amended to read:

AB64-ASA1,563,14 66.0137 (5) (b) The state or a local governmental unit may provide for the payment of premiums or cost sharing for hospital, surgical and other health and accident insurance and life insurance for employees and officers, their spouses, and dependent children, and their domestic partners under ch. 770 and dependent children. A local governmental unit may also provide for the payment of premiums or cost sharing for hospital and surgical care for its retired employees. In addition, a local governmental unit may, by ordinance or resolution, elect to offer to all of its employees a health care coverage plan through a program offered by the group insurance board under ch. 40. A local governmental unit that elects to participate under s. 40.51 (7) is subject to the applicable sections of ch. 40 instead of this subsection.

AB64-ASA1,984b Section 984b. 66.0301 (2) of the statutes is amended to read:

AB64-ASA1,564,15 66.0301 (2) Subject to s. 59.794 (2), and in addition to the provisions of any other statutes specifically authorizing cooperation between municipalities, unless those statutes specifically exclude action under this section, any municipality may contract with other municipalities and with federally recognized Indian tribes and bands in this state, for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by law. If municipal or tribal parties to a contract have varying powers or duties under the law, each may act under the contract to the extent of its lawful powers and duties. A contract under this subsection may bind the contracting parties for the length of time specified in the contract. This section shall be interpreted liberally in favor of cooperative action between municipalities and between municipalities and Indian tribes and bands in this state. If a municipality is required to establish or maintain an agency, department, commission, or any other office or position to carry out a municipal responsibility, and the municipality joins with another municipality by entering into an intergovernmental cooperation contract under this subsection to jointly carry out the responsibility, the jointly established or maintained agency, department, commission, or any other office or position to which the contract applies fulfills, subject to sub. (7), the municipality's obligation to establish or maintain such entities or positions until the contract entered into under this subsection expires or is terminated by the parties. In addition, if 2 or more municipalities enter into an intergovernmental cooperation contract and create a commission under this section to jointly or regionally administer a function or project, the commission shall be considered, subject to sub. (7), to be a single entity that represents, and may act on behalf of, the joint interests of the signatories to the contract entered into under this section.

AB64-ASA1,984c Section 984c. 66.0301 (7) of the statutes is created to read:

AB64-ASA1,565,4 66.0301 (7) With regard to a contract entered into under sub. (2) between 2 or more counties, which relates to the provision of services or facilities under a contract with an officer or agency of the state, the contract may not take effect unless it is approved in writing by the officer or chief of the agency that has authority over the contract for the provision of services or facilities. The contract must be approved or disapproved in writing by the officer or chief of the agency with regard to the matters within the scope of the contract for the provision of services or facilities within 90 days after receipt of the contract. Any disapproval shall detail the specific respects in which the proposed contract fails to demonstrate that the signatories intend to fulfill their contractual responsibilities or obligations. If the officer or chief of the agency fails to approve or disapprove of the contract entered into under sub. (2) within 90 days after receipt, the contract shall be considered approved by the officer or chief of the agency.

AB64-ASA1,984g Section 984g. 66.0304 (1) (c) of the statutes is amended to read:

AB64-ASA1,565,8 66.0304 (1) (c) “Commission" means an entity created by two or more political subdivisions, who contract with each other under s. 66.0301 (2) or 66.0303 (2), for the purpose of issuing bonds exercising the powers under this section.

AB64-ASA1,984gb Section 984gb. 66.0304 (1) (e) of the statutes is amended to read:

AB64-ASA1,565,14 66.0304 (1) (e) “Participant" means any public or private entity or unincorporated association, including a federally recognized Indian tribe or band, and including a business entity created under sub. (4e), that contracts with a commission for the purpose of financing or refinancing a project that is owned, sponsored, or controlled by the public or private entity or unincorporated association.

AB64-ASA1,984gc Section 984gc. 66.0304 (1) (f) of the statutes is amended to read:

AB64-ASA1,565,20 66.0304 (1) (f) “Political subdivision" means any city, village, town, or county in this state or any city, village, town, county, district, authority, agency, commission, or other similar governmental entity, or tribal government in another state or office, department, authority, or agency of any such other state or territory of the United States.

AB64-ASA1,984gd Section 984gd. 66.0304 (3) (a) of the statutes is amended to read:

AB64-ASA1,566,4 66.0304 (3) (a) Two or more political subdivisions may create a commission for the purpose of issuing bonds exercising the powers granted under this section by entering into an agreement to do so under s. 66.0301 (2) or 66.0303 (2), except that upon its creation all of the initial members of a the commission shall be political subdivisions that are located in this state. A commission that is created as provided in this section is a unit of government, and a body corporate and politic, that is separate and distinct from, and independent of, the state and the political subdivisions which are parties to the agreement.

AB64-ASA1,984ge Section 984ge. 66.0304 (4) (a) of the statutes is amended to read:

AB64-ASA1,566,7 66.0304 (4) (a) Adopt and amend bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business.

AB64-ASA1,984gf Section 984gf. 66.0304 (4) (c) of the statutes is amended to read:

AB64-ASA1,566,12 66.0304 (4) (c) Acquire, buy, own, operate, sell, lease as lessor or lessee, encumber, mortgage, hypothecate, pledge, assign, gift, or otherwise transfer any real, personal, tangible, or intangible property or interest in property that is located within or outside of this state.

AB64-ASA1,984gg Section 984gg. 66.0304 (4) (f) of the statutes is amended to read:

AB64-ASA1,566,16 66.0304 (4) (f) Employ or appoint agents, employees, finance professionals, counsel, and special advisers as the commission finds necessary and fix their compensation.

AB64-ASA1,984gh Section 984gh. 66.0304 (4) (p) of the statutes is amended to read:

AB64-ASA1,566,23 66.0304 (4) (p) Purchase bonds issued by or on behalf of, or held by, any participant, any state or a department, authority, or agency of the any state, or any political subdivision or subunit of a political subdivision, or the federal government or subunit of the federal government. Bonds purchased under this paragraph may be held by the commission or sold, in whole or in part, separately or together with other bonds issued by the commission.

AB64-ASA1,984gi Section 984gi. 66.0304 (4e) of the statutes is created to read:

AB64-ASA1,568,2 66.0304 (4e) Creation of business entity. In this subsection, “business entity" means any nonprofit or for-profit corporation, limited liability company, partnership, or other business organization or entity. A commission may create one or more business entities of which the commission is the sole or controlling owner, member, manager, or partner, provided that the purpose of the business entity is to carry out or assist the commission in carrying out all or part of the commission's powers under sub. (4) with respect to projects located outside this state. Control may consist of the power to appoint a majority of, or veto any proposed appointment to, the governing body of a business entity created under this subsection. A business entity created under this subsection shall have such powers, consistent with the laws of the jurisdiction in which the business entity is organized, as are delegated to it by the commission and set forth in its organizational documents or in the resolution authorizing its creation. A business entity created under this subsection may be created or organized under the laws of this state or any state or territory of the United States. A business entity created under this subsection is entitled to the same exemptions and immunities that apply to a commission under this section. A business entity created under this subsection and a commission may make loans to, borrow money from, and acquire or assign or transfer property to or from, one another or any participant. A business entity created under this subsection is a legal entity that is separate and distinct from the commission, and its assets and liabilities may not be consolidated or commingled with those of a commission or any other business entity created under this subsection. A commission may not be held accountable for the actions, omissions, debts, or liabilities of any business entity created under this subsection. A business entity created under this subsection may not be held accountable for the actions, omissions, debts, or liabilities of the commission that creates it, or of any other business entity created under this subsection.

AB64-ASA1,984gj Section 984gj. 66.0304 (4s) of the statutes is created to read:

AB64-ASA1,568,16 66.0304 (4s) Participation in projects. In connection with a project located outside this state, the commission, directly or through a business entity created under sub. (4e), may participate in any new markets or other tax credit, subsidy, grant, loan, or credit enhancement program and may participate in any federal, state, or local government program established for the purpose of fostering economic development, including disaster relief, clean or renewable energy, housing assistance, water efficiency, transportation, or any other economic development in which the commission or a business entity created under sub. (4e) is eligible to participate, regardless of whether participation by the commission or a business entity involves the issuance of bonds by the commission or by any other issuer. In connection with the participation described in this subsection, the commission may exercise any or all of the powers under sub. (4) (c) and (g) to (L), or it may delegate those powers to a business entity created under sub. (4e).

AB64-ASA1,984gk Section 984gk. 66.0304 (5) (a) 1. of the statutes is amended to read:

AB64-ASA1,568,19 66.0304 (5) (a) 1. The face form of the bond shall include the date of issuance and the date of maturity.

AB64-ASA1,984gL Section 984gL. 66.0304 (5) (a) 2. of the statutes is amended to read:

AB64-ASA1,568,22 66.0304 (5) (a) 2. The face form of the bond shall include the statements required under subs. (9) (c) and (11) (d).

AB64-ASA1,984gm Section 984gm. 66.0304 (5) (ae) of the statutes is created to read:

AB64-ASA1,569,4 66.0304 (5) (ae) A bond resolution, trust agreement or indenture, or other agreement providing for issuance of the bonds may provide that the facsimile, electronic, or digital signature of any person authorized to execute documents, including bonds, on behalf of the commission shall be considered to be the legal equivalent of a manual signature on specified documents or all documents, and such signatures are valid and binding for all purposes.