2021 - 2022 LEGISLATURE
May 14, 2021 - Introduced by Senators Smith, Carpenter, Larson and Roys,
cosponsored by Representatives Shankland, Snodgrass, Anderson, Andraca,
Baldeh, Cabrera, Conley, Considine, Emerson, Hebl, Moore Omokunde,
Neubauer, Ohnstad, Shelton, Spreitzer, Subeck and Vining. Referred to
Committee on Government Operations, Legal Review and Consumer
SB349,1,2 1An Act to repeal 66.0419 of the statutes; relating to: local regulation of certain
Analysis by the Legislative Reference Bureau
Current law limits the authority of a political subdivision to regulate auxiliary
containers. “Auxiliary container" is defined as “a bag, cup, bottle, can, 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. This bill eliminates these restrictions on the authority of a political
subdivision to regulate auxiliary containers.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB349,1 3Section 1. 66.0419 of the statutes is repealed.
SB349,1,44 (End)