Amendment ASA1-AB64

AB64-ASA1,580,3 2. 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.

AB64-ASA1,580,6 3. A political subdivision that imposes a requirement to conduct any ongoing water quality or quantity testing of wells adjacent to existing quarry sites prior to the effective date of this subdivision .... [LRB inserts date], may continue to do so.

AB64-ASA1,580,8 4. A political subdivision may take actions related to water quality or quantity that are specifically required or authorized by state law.

AB64-ASA1,580,14 5. A political subdivision may enforce properly adopted local water regulations but may suspend a permit 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.

AB64-ASA1,580,17 (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:

AB64-ASA1,580,20 a. Establish or enforce an ambient air quality standard, standard of performance for new stationary sources, or other emission limitation related to air quality.

AB64-ASA1,580,21 b. Issue permits or any other form of approval related to air quality.

AB64-ASA1,580,22 c. Impose any restriction related to air quality.

AB64-ASA1,580,23 d. Impose any requirement related to monitoring air quality.

AB64-ASA1,581,3 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.

AB64-ASA1,581,5 3. A political subdivision may take actions related to air quality that are specifically required or authorized by state law.

AB64-ASA1,581,10 4. A political subdivision may suspend a permit 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.

AB64-ASA1,581,14 (f) Noise. A political subdivision may not limit the noise emitted from a quarry site, as measured off the property where the quarry is located without the use of a hearing protector, to be less than 76.5 percent of the decibel standards established under 30 CFR 62.100 to 62.190.

AB64-ASA1,581,16 (g) Quarry production. A political subdivision may not limit any of the following:

AB64-ASA1,581,17 1. The quantity of minerals extracted from or processed by a quarry.

AB64-ASA1,581,18 2. The depth of mineral extraction at a quarry.

AB64-ASA1,581,21 3. The number of truck loads that exits a quarry or the number of trucks that enters a quarry unless the purpose of the limit is to protect the structural condition of a roadway within the political subdivision.

AB64-ASA1,581,22 4. The times that any of the following may occur:

AB64-ASA1,582,2 a. Quarry operations if the materials produced by the quarry will be used in a public works project that requires construction work to be performed during the night or an emergency repair except that a political subdivision may limit the number of consecutive days that a quarry operator may conduct quarry operations during the hours of darkness to 5 consecutive days.

AB64-ASA1,582,3 b. The transportation of unloaded equipment within a quarry.

AB64-ASA1,582,4 c. Maintenance of vehicles, equipment, or buildings at a quarry.

AB64-ASA1,582,5 d. Administrative activities at a quarry.

AB64-ASA1,582,8 e. Entry of unloaded trucks into a quarry at the times during which a quarry is permitted to operate unless the purpose of the limit is to protect the structural condition of a roadway within the political subdivision.

AB64-ASA1,582,10 5. The hours of quarry operations conducted at a quarry to less than 72 hours per week, excluding hours on Sundays and holidays.

AB64-ASA1,582,13 (h) Setbacks. 1. A political subdivision may not establish a setback requirement for quarry operations that is more than 200 feet from the boundary of the property of a quarry.

AB64-ASA1,582,17 2. Notwithstanding subd. 1., a political subdivision that enacts an ordinance imposing setback requirements shall allow a quarry operator to conduct quarry operations nearer to the boundary of the property of the quarry than the distance of the setback requirement if all of the following apply:

AB64-ASA1,582,19 a. Each property owner of a lot that is located within 200 feet of the boundary of a quarry consents in writing to that conduct of quarry operations.

AB64-ASA1,582,21 b. The quarry operator provides the clerk of the political subdivision with a copy of the written agreement under subd. 2. a.

AB64-ASA1,582,24 c. The quarry operator records the written agreement under subd. 2. a. against the property described in subd. 2. a. in the office of the register of deeds for the county in which the land is located.

AB64-ASA1,583,3 (i) 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.

AB64-ASA1,583,8 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.

AB64-ASA1,583,12 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.

AB64-ASA1,583,16 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.

AB64-ASA1,583,21 4. a. Except as provided in subd. 4. b., a political subdivision shall, upon submission of a permit renewal application by a quarry operator, renew the permit if the permit has a duration of less than 10 years. As a condition of renewing a permit, a political subdivision may require that a quarry operator satisfy a condition that the law authorizes the political subdivision to require.

AB64-ASA1,583,25 b. A political subdivision may deny the renewal of a permit having a duration of less than 10 years if the permit holder fails to cure a material violation of a condition of the permit after reasonable notice from the political subdivision of the violation and a reasonable opportunity for the operator to cure the violation.

AB64-ASA1,584,3 (k) Mining permit requirements. A political subdivision may not impose a condition on a permit for quarry operations that is inconsistent with the requirements of this section or s. 295.12.

AB64-ASA1,584,7 (4) Previous restrictions. (a) Except as provided in par. (b) or (d), and notwithstanding sub. (3), if a political subdivision has in effect on January 1, 2017, an ordinance that is more restrictive than this section, the political subdivision may maintain and enforce that ordinance.

AB64-ASA1,584,11 (b) If a political subdivision has in effect on January 1, 2017, an ordinance that contains a prohibition or requirement that violates the prohibition or limitation under sub. (3) (c) 2., (d) 1., (e) 1., or (g) 4. a., the prohibition or requirement does not apply and may not be enforced.

AB64-ASA1,584,17 (c) Except as provided in par. (d), and notwithstanding sub. (3), if a political subdivision has in effect on January 1, 2017, a requirement, not based on the political subdivision's authority under ch. 295, that a quarry operator obtain a non-zoning permit that is more restrictive than this section, the political subdivision may maintain and enforce that requirement if the political subdivision had authority to impose that requirement.

AB64-ASA1,584,20 (d) A requirement described under par. (c) that violates the prohibition or limitation under sub. (3) (c) 2., (d) 1., (e) 1., or (g) 4. a. does not apply and may not be enforced.

AB64-ASA1,584,23 (e) Notwithstanding sub. (3), a zoning or non-zoning permit that is held by a quarry operator and in effect on January 1, 2017, remains in effect for the duration of the permit.

AB64-ASA1,585,3 (f) A condition that a political subdivision requires to be satisfied in order to grant a zoning or non-zoning permit that is in effect on January 1, 2017, does not apply and may not be enforced if either of the following applies:

AB64-ASA1,585,5 1. The political subdivision does not have authority to require that the condition be satisfied in order to grant the zoning or non-zoning permit.

AB64-ASA1,585,7 2. The condition violates the prohibition or limitation under sub. (3) (c) 2., (d) 1., (e) 1., or (g) 4. a.

AB64-ASA1,984ij Section 984ij. 66.0414 (3) (f) of the statutes, as created by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,585,16 66.0414 (3) (f) Noise. A political subdivision may not limit the noise emitted from a quarry, as measured off the property where the quarry is located without the use of a hearing protector, to be less than 76.5 percent of the decibel standards established under 30 CFR 62.100 to 62.190. A political subdivision may require trucks and other equipment that are owned or controlled by a quarry operator, when used in quarry operations during the hours of darkness, to use a white noise alarm instead of a beeping alarm for worker and vehicle safety.

AB64-ASA1,984j Section 984j. 66.0433 (title) of the statutes is amended to read:

AB64-ASA1,585,18 66.0433 (title) Licenses for nonintoxicating and soda water beverages.

AB64-ASA1,984jb Section 984jb. 66.0433 (1) (title) of the statutes is repealed.

AB64-ASA1,984jc Section 984jc. 66.0433 (1) of the statutes is renumbered 66.0433.

AB64-ASA1,984jd Section 984jd. 66.0433 (2) of the statutes is repealed.

AB64-ASA1,984p Section 984p. 66.0510 of the statutes is created to read:

AB64-ASA1,585,24 66.0510 Benefits to officers, employees, agents. (1) Definitions. In this section:

AB64-ASA1,585,25 (a) “Employee benefit plan” means a plan as defined in 29 USC 1002 (3).

AB64-ASA1,586,1 (b) “Local governmental unit” has the definition given in s. 66.0131 (1) (a).

AB64-ASA1,586,4 (2) Benefits. If a local governmental unit provides an employee benefit plan to its officers, agents, and employees, the plan may cover only such officers, agents, and employees and their spouses and dependent children.

AB64-ASA1,984pg Section 984pg. 66.0602 (2) of the statutes is renumbered 66.0602 (2) (a) and amended to read:

AB64-ASA1,586,15 66.0602 (2) (a) Except as provided in subs. (3), (4), and (5), no political subdivision may increase its levy in any year by a percentage that exceeds the political subdivision's valuation factor. The Except as provided in par. (b), the base amount in any year, to which the limit under this section applies, shall be the actual levy for the immediately preceding year. In determining its levy in any year, a city, village, or town shall subtract any tax increment that is calculated under s. 59.57 (3) (a), 60.85 (1) (L), or 66.1105 (2) (i). The base amount in any year, to which the limit under this section applies, may not include any amount to which sub. (3) (e) 8. applies.

AB64-ASA1,984q Section 984q. 66.0602 (2) (b) of the statutes is created to read:

AB64-ASA1,586,21 66.0602 (2) (b) For purposes of par. (a), in 2018, and in each year thereafter, the base amount to which the limit under this section applies is the actual levy for the immediately preceding year, plus the amount of the payment under s. 79.096, and the levy limit is the base amount multiplied by the valuation factor, minus the amount of the payment under s. 79.096.

AB64-ASA1,985 Section 985 . 66.0602 (2m) (a) of the statutes is amended to read:

AB64-ASA1,587,6 66.0602 (2m) (a) If a political subdivision's levy for the payment of any general obligation debt service, including debt service on debt issued or reissued to fund or refund outstanding obligations of the political subdivision and interest on outstanding obligations of the political subdivision, on debt originally issued before July 1, 2005, is less in the current year than it was in the previous year, the political subdivision shall reduce its levy limit in the current year by an amount equal to the amount that its levy was reduced as described in this subsection. This subsection does not apply to a political subdivision in any year in which the political subdivision does not increase its levy increase limit as allowed under sub. (3) (f) 1.

AB64-ASA1,985c Section 985c. 66.0602 (2m) (b) 1. of the statutes is amended to read:

AB64-ASA1,587,14 66.0602 (2m) (b) 1. In this paragraph, “covered service" means garbage collection, fire protection, snow plowing, 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.

AB64-ASA1,985e Section 985e. 66.0602 (4) (a) of the statutes is amended to read:

AB64-ASA1,588,2 66.0602 (4) (a) A political subdivision may exceed the levy increase limit under sub. (2) if its governing body adopts a resolution to that effect and if the resolution is approved in a referendum. The resolution shall specify the proposed amount of increase in the levy beyond the amount that is allowed under sub. (2), the purpose for which the increase will be used, and shall specify whether the proposed amount of increase is for the next fiscal year only or if it will apply on an ongoing basis. With regard to a referendum relating to the 2005 levy, or any levy in an odd-numbered year thereafter, the political subdivision may call a special referendum for the purpose of submitting the resolution to the electors of the political subdivision for approval or rejection. With regard to a referendum relating to the 2006 levy, or any levy in an even-numbered year thereafter, the referendum shall be held at the next succeeding spring primary or election or partisan primary or general election.

AB64-ASA1,985g Section 985g. 66.0602 (4) (c) of the statutes is amended to read:

AB64-ASA1,588,18 66.0602 (4) (c) The referendum shall be held in accordance with chs. 5 to 12. The political subdivision shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots under ss. 5.64 (2) and 7.08 (1) (a). The question shall be submitted as follows: “Under state law, the increase in the levy of the .... (name of political subdivision) for the tax to be imposed for the next fiscal year, .... (year), is limited to ....%, which results in a levy of $.... Shall the .... (name of political subdivision) be allowed to exceed this limit and increase the levy for the next fiscal year, .... (year), for .... (purpose for which the increase will be used), by a total of ....%, which results in a levy of $....?". In preparing the ballot question for a referendum held at a partisan primary in 2014, as it relates to the allowable amount of levy rate increase and the total amount of a levy, a county with a population of at least 30,000, but no more than 40,000, that is adjacent to a county with a population exceeding 450,000, shall use the most recent data that it has and the most recent data that is available from the department of revenue.

AB64-ASA1,985h Section 985h. 66.0603 (1m) (g) of the statutes is created to read:

AB64-ASA1,589,2 66.0603 (1m) (g) A technical college district that receives funds from participation in an auction of digital broadcast spectrum administered by the federal communications commission may hold those funds in trust and may invest and reinvest those funds in the same manner authorized for investments under s. 881.01. Funds held in trust under this paragraph may only be distributed from the trust in a manner consistent with ch. 38 and in accordance with the terms of the trust. Any trust formed pursuant to this paragraph shall be separate from any other trust created by, or under the control of, the technical college district.

AB64-ASA1,985k Section 985k. 66.0603 (3) (d) of the statutes is created to read:

AB64-ASA1,589,8 66.0603 (3) (d) 1. In addition to the authority granted under sub. (2), a technical college district may delegate the investment authority over the funds described under sub. (1m) (g) to an investment manager who meets the requirements and qualifications specified in the trust's investment policy and who is registered as an investment adviser under the Investment Advisers Act of 1940, 15 USC 80b-3.

AB64-ASA1,589,14 2. If a technical college district has established a trust described in sub. (1m) (g), it shall annually publish a written report that states the amount in the trust, the investment return earned by the trust since the last report was published, the total disbursements made from the trust since the last report was published, and the name of the investment manager if investment authority has been delegated under subd. 1.

AB64-ASA1,985L Section 985L. 66.0615 (1) (bs) of the statutes is created to read:

AB64-ASA1,589,18 66.0615 (1) (bs) “Lodging marketplace” means an entity that provides a platform through which an unaffiliated 3rd party offers to rent a short-term rental to an occupant and collects the consideration for the rental from the occupant.

AB64-ASA1,985m Section 985m. 66.0615 (1) (de) of the statutes is created to read:

AB64-ASA1,589,21 66.0615 (1) (de) “Occupant” means a person who rents a short-term rental through a lodging marketplace.

AB64-ASA1,985n Section 985n. 66.0615 (1) (df) of the statutes is created to read:

AB64-ASA1,589,24 66.0615 (1) (df) “Owner” means the person who owns the residential dwelling that has been rented.

AB64-ASA1,985o Section 985o. 66.0615 (1) (di) of the statutes is created to read:

AB64-ASA1,590,4 66.0615 (1) (di) “Residential dwelling” means any building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.

AB64-ASA1,985p Section 985p. 66.0615 (1) (dk) of the statutes is created to read:

AB64-ASA1,590,7 66.0615 (1) (dk) “Short-term rental” means a residential dwelling that is offered for rent for a fee and for fewer than 29 consecutive days.

AB64-ASA1,985q Section 985q. 66.0615 (1m) (a) of the statutes is amended to read:

AB64-ASA1,590,24 66.0615 (1m) (a) The governing body of a municipality may enact an ordinance, and a district, under par. (e), may adopt a resolution, imposing a tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients by hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals, and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations. A tax imposed under this paragraph may be collected from the consumer or user, but may not be imposed on sales to the federal government and persons listed under s. 77.54 (9a). A tax imposed under this paragraph by a municipality shall be paid to the municipality and, with regard to any tax revenue that may not be retained by the municipality, shall be forwarded to a tourism entity or a commission if one is created under par. (c), as provided in par. (d). Except as provided in par. (am), a tax imposed under this paragraph by a municipality may not exceed 8 percent. Except as provided in par. (am), if a tax greater than 8 percent under this paragraph is in effect on May 13, 1994, the municipality imposing the tax shall reduce the tax to 8 percent, effective on June 1, 1994.

AB64-ASA1,985r Section 985r. 66.0615 (5) of the statutes is created to read:

AB64-ASA1,591,5 66.0615 (5) (a) A lodging marketplace shall register with the department of revenue, on forms prepared by the department, for a license to collect taxes imposed by the state related to a short-term rental and to collect room taxes imposed by a municipality. After a lodging marketplace applies for and receives such a license, it shall do all of the following:

AB64-ASA1,591,8 1. If a short-term rental is rented through the lodging marketplace, collect sales and use taxes from the occupant and forward such amounts to the department of revenue.

AB64-ASA1,591,11 2. If a short-term rental that is rented through the lodging marketplace is located in a municipality that imposes a room tax, collect the room tax from the occupant and forward it to the municipality.