AB245-engrossed,37,1
1(e) “Political subdivision” means a city, village, town, or county.
AB245-engrossed,37,42
(f) “Public works project” means a federal, state, county, or municipal project
3that involves the construction, maintenance, or repair of a public transportation
4facility or other public infrastructure and in which nonmetallic minerals are used.
AB245-engrossed,37,85
(g) “Quarry” means the surface area from which nonmetallic minerals,
6including soil, clay, sand, gravel, and construction aggregate, that are used primarily
7for a public works project or a private construction or transportation project are
8extracted and processed.
AB245-engrossed,37,119
(h) “Quarry operations” means the extraction and processing of minerals at a
10quarry and all related activities, including blasting, vehicle and equipment access
11to the quarry, and loading and hauling of material to and from the quarry.
AB245-engrossed,37,15
12(2m) Effective dates of certain ordinances. For purposes of sub. (3) (a) 3.,
13the date on which a town or county enacts a zoning ordinance that requires a
14conditional use permit for a quarry operator to conduct quarry operations is the date
15the ordinance becomes effective, except as follows:
AB245-engrossed,38,216
(a) If a town that previously did not have a general zoning ordinance enacts a
17general zoning ordinance requiring a conditional use permit to conduct quarry
18operations and the town ceases to be covered by a county general zoning ordinance
19that required a conditional use permit to conduct quarry operations, a conditional
20use permit for a quarry in effect at the time of the transition from county zoning to
21town zoning shall continue in effect and the conditional use permit shall be treated
22as if it was originally issued by the town. For purposes of a conditional use permit
23subject to this paragraph, the date of the adoption of the town ordinance shall be
24deemed to be the date the conditional use permit was issued by the county but only
1with respect to requirements that were included in the county ordinance on the date
2the conditional use permit was issued and that were adopted in the town ordinance.
AB245-engrossed,38,143
(b) If a town that has a general zoning ordinance requiring a conditional use
4permit to conduct quarry operations repeals its zoning ordinance and becomes
5subject to a county general zoning ordinance under s. 59.69 (5) (c) and the county
6zoning ordinance requires a conditional use permit to conduct quarry operations, a
7conditional use permit for a quarry in effect at the time of the transition from town
8zoning to county zoning shall continue in effect and the conditional use permit shall
9be treated as if it was originally issued by the county. For purposes of a conditional
10use permit subject to this paragraph, the date of the adoption of the county ordinance
11shall be deemed to be the date the conditional use permit was issued by the town but
12only with respect to requirements that were included in the town ordinance on the
13date the conditional use permit was issued and that were adopted in the county
14ordinance.
AB245-engrossed,38,19
15(3) Limitations on local regulation. (a)
Permits. 1. In this paragraph,
16“substantial evidence” means facts and information, other than merely personal
17preference or speculation, directly pertaining to the requirements that an applicant
18must meet to obtain a nonmetallic mining licensing permit and that a reasonable
19person would accept in support of a conclusion.
AB245-engrossed,38,2320
2. Consistent with the requirements and limitations in this subsection, except
21as provided in subd. 3., a political subdivision may require a quarry operator to
22obtain a conditional use permit or nonmetallic mining licensing permit to conduct
23quarry operations.
AB245-engrossed,39,1124
3. A political subdivision may not require a quarry operator of an active quarry
25to obtain a conditional use permit or nonmetallic mining licensing permit to conduct
1quarry operations unless prior to the establishment of quarry operations the political
2subdivision enacts an ordinance that requires the permit. A political subdivision
3that requires a quarry operator to obtain a nonmetallic mining licensing permit
4under this subdivision may not impose a requirement in the nonmetallic mining
5licensing permit pertaining to any matter regulated by an applicable zoning
6ordinance or addressed through conditions imposed or agreed to in a previously
7issued and effective conditional use permit. Any requirement imposed in a
8nonmetallic mining licensing permit shall be related to the purpose of the ordinance
9requiring the nonmetallic mining licensing permit and shall be based on substantial
10evidence. The duration of a nonmetallic mining licensing permit may not be shorter
11than 5 years.
AB245-engrossed,39,2012
(b)
Applicability of local limit. If a political subdivision enacts a nonmetallic
13mining licensing ordinance requirement regulating the operation of a quarry that
14was not in effect when quarry operations began at an active quarry, the ordinance
15requirement does not apply to that quarry or to land that is contiguous to the land
16on which the quarry is located, if the contiguous land has remained continuously
17under common ownership, leasehold, or control with land on which the quarry is
18located from the time the ordinance was enacted; can be shown to have been intended
19for quarry operations prior to the enactment of the ordinance; and is located in the
20same political subdivision.
AB245-engrossed,39,2421
(c)
Hours of operation. A political subdivision may not limit the times,
22including days of the week, that quarry operations may occur if the materials
23produced by the quarry will be used in a public works project that requires
24construction work to be performed during the night or an emergency repair.
AB245-engrossed,40,5
1(d)
Blasting. 1. In this paragraph, “affected area” means an area within a
2certain radius of a blasting site that may be affected by a blasting operation, as
3determined using a formula established by the department of safety and professional
4services by rule that takes into account a scaled-distance factor and the weight of
5explosives to be used.
AB245-engrossed,40,76
2. Except as provided under subds. 3. and 4. and s. 101.02 (7y), a political
7subdivision may not limit blasting at a quarry.
AB245-engrossed,40,98
3. A political subdivision may require the operator of a quarry to do any of the
9following:
AB245-engrossed,40,1210
a. Before beginning a blasting operation at the quarry, provide notice of the
11blasting operation to each political subdivision in which any part of the quarry is
12located and to owners of dwellings or other structures within the affected area.
AB245-engrossed,40,1513
b. Before beginning a blasting operation at the quarry, cause a 3rd party to
14conduct a building survey of any dwellings or other structures within the affected
15area.
AB245-engrossed,40,1716
c. Before beginning a blasting operation at the quarry, cause a 3rd party to
17conduct a survey of and test any wells within the affected area.
AB245-engrossed,40,1918
d. Provide evidence of insurance to each political subdivision in which any part
19of the quarry is located.
AB245-engrossed,40,2120
e. Provide copies of blasting logs to each political subdivision in which any part
21of the quarry is located.
AB245-engrossed,40,2322
f. Provide maps of the affected area to each political subdivision in which any
23part of the quarry is located.
AB245-engrossed,40,2524
g. Provide copies of any reports submitted to the department of safety and
25professional services relating to blasting at the quarry.
AB245-engrossed,41,6
14. A political subdivision may suspend a permit for a violation of the
2requirements under s. 101.15 relating to blasting and rules promulgated by the
3department of safety and professional services under s. 101.15 (2) (e) relating to
4blasting only if the department of safety and professional services determines that
5a violation of the requirements or rules has occurred and only for the duration of the
6violation as determined by the department of safety and professional services.
AB245-engrossed,41,107
5. Nothing in this section exempts a quarry operator from applicable
8limitations on the time of day during which blasting activities may be conducted that
9are imposed by rules promulgated by the department of safety and professional
10services.
AB245-engrossed,41,1311
(e)
Quarry permit requirements. 1. A political subdivision may not add a
12condition to a permit during the duration of the permit unless the permit holder
13consents.
AB245-engrossed,41,1814
2. If a political subdivision requires a quarry to comply with another political
15subdivision's ordinance as a condition for obtaining a permit, the political
16subdivision that grants the permit may not require the quarry operator to comply
17with a provision of the other political subdivision's ordinance that is enacted after the
18permit is granted and while the permit is in effect.
AB245-engrossed,41,2219
3. a. A town may not require, as a condition for granting a permit to a quarry
20operator, that the quarry operator satisfy a condition that a county requires in order
21to grant a permit that is imposed by a county ordinance enacted after the county
22grants a permit to the quarry operator.
AB245-engrossed,42,223
b. A county may not require, as a condition for granting a permit to a quarry
24operator, that the quarry operator satisfy a condition that a town requires in order
1to grant a permit that is imposed by a town ordinance enacted after the town grants
2a permit to the quarry operator.
AB245-engrossed,42,74
66.0602
(1) (am) “Joint fire department" means a joint fire department
5organized under s. 61.65 (2) (a) 3. or 62.13
(2m)
(1m), or a joint fire department
6organized by any combination of 2 or more cities, villages, or towns under s. 66.0301
7(2).
AB245-engrossed,42,109
66.0602
(1) (cm) “Tax incremental base” has the meaning given in s. 66.1105
10(2) (j).
AB245-engrossed,42,1812
66.0602
(1) (d) “Valuation factor" means a percentage equal to the greater of
13either the percentage change in the political subdivision's January 1 equalized value
14due to new construction less improvements removed between the previous year and
15the current or
zero 0 percent.
For a tax incremental district created after December
1631, 2024, the valuation factor includes 90 percent of the equalized value increase due
17to new construction that is located in a tax incremental district, but does not include
18any improvements removed in a tax incremental district.
AB245-engrossed,42,2020
66.0602
(1) (e) “Value increment” has the meaning given in s. 66.1105 (2) (m).
AB245-engrossed,43,422
66.0602
(3) (a) If a political subdivision transfers to another governmental unit
23responsibility for providing any service that the political subdivision provided in the
24preceding year, the levy increase limit otherwise applicable under this section to the
25political subdivision in the current year is decreased to reflect the cost that the
1political subdivision would have incurred to provide that service, as determined by
2the department of revenue.
The levy increase limit adjustment under this paragraph
3applies only if the transferor and transferee file a notice of service transfer with the
4department of revenue.
AB245-engrossed,43,136
66.0602
(3) (b) If a political subdivision increases the services that it provides
7by adding responsibility for providing a service transferred to it from another
8governmental unit that provided the service in the preceding year, the levy increase
9limit otherwise applicable under this section to the political subdivision in the
10current year is increased to reflect the cost of that service, as determined by the
11department of revenue.
The levy increase limit adjustment under this paragraph
12applies only if the transferor and transferee file a notice of service transfer with the
13department of revenue.
AB245-engrossed,43,2515
66.0602
(3) (dm)
If For a tax incremental district created before January 1,
162025, if the department of revenue does not certify a value increment for a tax
17incremental district for the current year as a result of the district's termination, the
18levy increase limit otherwise applicable under this section in the current year to the
19political subdivision in which the district is located is increased by an amount equal
20to the political subdivision's maximum allowable levy for the immediately preceding
21year, multiplied by a percentage equal to 50 percent of the amount determined by
22dividing the value increment of the terminated tax incremental district, calculated
23for the previous year, by the political subdivision's equalized value, exclusive of any
24tax incremental district value increments, for the previous year, all as determined
25by the department of revenue.
AB245-engrossed,44,72
66.0602
(3) (dq) 1. For a tax incremental district created after December 31,
32024, if the department of revenue does not certify a value increment for the tax
4incremental district for the current year as a result of the district's termination, the
5levy increase limit otherwise applicable under this section in the current year to the
6political subdivision in which the district is located is increased by all of the following
7amounts:
AB245-engrossed,44,138
a. An amount equal to the political subdivision's maximum allowable levy for
9the immediately preceding year, multiplied by the amount determined by dividing
1010 percent of the equalized value increase of the terminated tax incremental district,
11calculated as provided in subd. 2., by the political subdivision's equalized value, less
12any tax incremental district value increments, for the previous year, all as
13determined by the department of revenue.
AB245-engrossed,44,2314
b. If the life span of the tax incremental district was 75 percent or less of the
15length of the expected life span of the tax incremental district, measured as the
16period between the year the tax incremental district was created and the expected
17year of termination, as designated under s. 66.1105 (4m) (b) 2m., an additional
18amount equal to the political subdivision's maximum allowable levy for the
19immediately preceding year, multiplied by the amount determined by dividing 15
20percent of the equalized value increase of the terminated tax incremental district,
21calculated as provided in subd. 2., by the political subdivision's equalized value, less
22any tax incremental district value increments, for the previous year, all as
23determined by the department of revenue.
AB245-engrossed,45,3
12. The equalized value increase under subd. 1. and par. (dv) is calculated by
2adding the annual amounts reported under s. 66.1105 (6m) (c) 8. of the value of new
3construction in the district for each year that the district is active.
AB245-engrossed,45,175
66.0602
(3) (ds)
If For a tax incremental district created before January 1, 2025,
6if the department of revenue recertifies the tax incremental base of a tax incremental
7district as a result of the district's subtraction of territory under s. 66.1105 (4) (h) 2.,
8the levy limit otherwise applicable under this section shall be adjusted in the first
9levy year in which the subtracted territory is not part of the value increment. In that
10year, the political subdivision in which the district is located shall increase the levy
11limit otherwise applicable by an amount equal to the political subdivision's
12maximum allowable levy for the immediately preceding year, multiplied by a
13percentage equal to 50 percent of the amount determined by dividing the value
14increment of the tax incremental district's territory that was subtracted, calculated
15for the previous year, by the political subdivision's equalized value, exclusive of any
16tax incremental district value increments, for the previous year, all as determined
17by the department of revenue.
AB245-engrossed,46,619
66.0602
(3) (dv) For a tax incremental district created after December 31, 2024,
20if the department of revenue recertifies the tax incremental base of a tax incremental
21district as a result of the district's subtraction of territory under s. 66.1105 (4) (h) 2.,
22the levy limit otherwise applicable under this section shall be adjusted in the first
23levy year in which the subtracted territory is not part of the value increment. In that
24year, the political subdivision in which the district is located shall increase the levy
25limit otherwise applicable by an amount equal to the political subdivision's
1maximum allowable levy for the immediately preceding year, multiplied by a
2percentage equal to 10 percent of the amount determined by dividing the equalized
3value increase, calculated as provided in par. (dq) 2., attributable to the territory that
4was subtracted, calculated for the previous year, by the political subdivision's
5equalized value, exclusive of any tax incremental district value increments, for the
6previous year, all as determined by the department of revenue.
AB245-engrossed,46,178
66.0607
(1) Except as otherwise provided in subs. (2) to (5) and in s. 66.0608
9(3m), in a county, city, village, town, or school district, all disbursements from the
10treasury shall be made by the treasurer upon the written order of the county, city,
11village, town, or school clerk after proper vouchers have been filed in the office of the
12clerk. If the statutes provide for payment by the treasurer without an order of the
13clerk, the clerk shall draw and deliver to the treasurer an order for the payment
14before or at the time that the payment is required to be made by the treasurer. This
15section applies to all special and general provisions of the statutes relative to the
16disbursement of money from the county, city, village, town, or school district treasury
17except s. 67.10 (2).
AB245-engrossed,55
18Section 55
. 66.0608 (title) of the statutes is renumbered 66.0608 (3m) (title).
AB245-engrossed,46,20
2066.0608 (title)
Protective services.
AB245-engrossed,46,2222
66.0608
(1) (fm) “Political subdivision” means a city, village, town, or county.
AB245-engrossed,58
23Section 58
. 66.0608 (2) of the statutes is renumbered 66.0608 (3m) (a), and
2466.0608 (3m) (a) (intro.) and 2., as renumbered, are amended to read:
AB245-engrossed,47,3
166.0608
(3m) (a)
General authority. (intro.) Subject to
subs. (3) and (4) pars.
2(b) and (c), the governing body of a municipality may enact an ordinance that does
3all of the following:
AB245-engrossed,47,84
2. Gives the municipality's fire department, emergency medical services
5practitioner department, or emergency medical responder department, through the
6official or employee described under
par. (a)
subd. 1., exclusive control over the
7expenditure of volunteer funds of the department for which the individual serves as
8an official or employee in an account described under
par. (a) subd. 1.
AB245-engrossed,47,1110
66.0608
(2m) Maintenance of effort. (a) Beginning July 1, 2024, annually
11not later than July 1, except as provided in par. (c), all of the following apply:
AB245-engrossed,47,1712
1. A city, village, or town with a population of greater than 20,000 shall certify
13to the department of revenue that the city, village, or town has maintained a level
14of law enforcement that is at least equivalent to that provided in the city, village, or
15town in the previous year. The certification shall include a statement under par. (b)
161. from the person in charge of providing law enforcement service for the city, village,
17or town, or for the city, village, or town under contract to provide this service.
AB245-engrossed,47,2418
2. A political subdivision shall certify to the department of revenue that the
19political subdivision has maintained a level of fire protective and emergency medical
20service that is at least equivalent to that provided in the political subdivision in the
21previous year. The certification shall include a statement under par. (b) 2. from the
22person in charge of providing fire protective and emergency medical services for the
23political subdivision, or for the political subdivision under contract to provide this
24service.
AB245-engrossed,48,2
13. A certification under this paragraph is not required to certify the same items
2under par. (b) or (c) that were certified in a prior statement.
AB245-engrossed,48,43
(b) 1. Except as provided in par. (c) 1., a statement that certifies that any of the
4following has been maintained at a level at least equivalent to the previous year:
AB245-engrossed,48,65
a. Moneys raised by tax levy by the city, village, or town and expended for
6employment costs of law enforcement officers, as defined in s. 165.85 (2) (c).
AB245-engrossed,48,97
b. The percentage of the total moneys raised by tax levy by the city, village, or
8town that is expended for employment costs of law enforcement officers, as defined
9in s. 165.85 (2) (c).
AB245-engrossed,48,1610
c. The number of full-time equivalent law enforcement officers, as defined in
11s. 165.85 (2) (c), employed by or assigned to the city, village, or town, not including
12officers whose positions are funded by grants received from the state or federal
13government. The person in charge of providing law enforcement service for the city,
14village, or town may use any reasonable method of estimating the average number
15of full-time equivalent law enforcement officers employed by or assigned to the city,
16village, or town for the year, but may consider only positions that are actually filled.
AB245-engrossed,48,1817
2. Except as provided in par. (c) 1., a statement that certifies that any 2 of the
18following have been maintained at a level at least equivalent to the previous year:
AB245-engrossed,48,2119
a. The political subdivision's expenditures, not including capital expenditures
20or expenditures of grant moneys received from the state or federal government, for
21fire protective and emergency medical services.
AB245-engrossed,49,922
b. The number of full-time equivalent fire fighters and emergency medical
23services personnel employed by or assigned to the political subdivision, not including
24fire fighters and emergency medical services personnel whose positions are funded
25by grants received from the state or federal government. For volunteer fire and
1emergency medical services, those volunteer fire fighters and emergency medical
2services personnel who responded to at least 40 percent of calls to which volunteer
3fire protective or emergency medical services responded may be counted as full-time
4equivalent volunteer fire fighters and emergency medical services personnel under
5this subd. 2. b. The person in charge of providing fire protective and emergency
6medical services for the political subdivision may use any reasonable method of
7estimating the average number of full-time equivalent fire fighters and emergency
8medical services personnel employed by or assigned to the political subdivision for
9the year, but may consider only positions that are actually filled.
AB245-engrossed,49,1210
c. The level of training of and maintenance of licensure for fire fighters and
11emergency medical services personnel providing fire protective and emergency
12medical services within the political subdivision.
AB245-engrossed,49,1413
d. Response times for fire protective and emergency medical services
14throughout the political subdivision, adjusted for the location of calls for service.
AB245-engrossed,49,2215
(c) 1. Except for a political subdivision that made a certification under subds.
162. to 4., if a political subdivision failed to make a certification under par. (b) 1. or 2.
17in the previous year, in making the certification under par. (b) 1. or 2., the political
18subdivision shall certify that the political subdivision has maintained a level of law
19enforcement or fire protective and emergency medical service that is at least
20equivalent to that provided in the most recent year that the political subdivision
21made a certification under par. (b) 1. or 2. or to that provided in 2023, whichever year
22is most recent.
AB245-engrossed,50,323
2. A political subdivision that has consolidated its law enforcement services or
24fire protective or emergency medical services with another political subdivision or
25entered into a contract with a private entity to provide fire protective or emergency
1medical services may provide a certified statement to that effect in lieu of
2certification under par. (b) 1. or 2. This subdivision applies only to the year following
3consolidation or entry into a contract.
AB245-engrossed,50,84
3. A political subdivision that has newly established or joined a newly
5established law enforcement agency or fire protection or emergency medical service
6agency may provide a certified statement to that effect, in lieu of certification under
7par. (b) 1. or 2. This subdivision applies only to the year following establishment of
8the agency.
AB245-engrossed,50,119
4. If law enforcement services in a city, village, or town are provided solely by
10the county sheriff on a noncontractual basis, the city, village, or town may provide
11a certified statement to that effect, in lieu of certification under par. (b) 1.
AB245-engrossed,60
12Section 60
. 66.0608 (3) of the statutes is renumbered 66.0608 (3m) (b) and
13amended to read:
AB245-engrossed,50,1514
66.0608
(3m) (b)
Limitations, requirements. An ordinance enacted under
sub.
15(2) par. (a) may include any of the following limitations or requirements:
AB245-engrossed,50,1716
1. A limit on the type and amount of funds that may be deposited into the
17account described under
sub. (2) par. (a)
1.
AB245-engrossed,50,2018
2. A limit on the amount of withdrawals from the account described under
sub.
19(2) par. (a)
1. that may be made, and a limit on the purposes for which such
20withdrawals may be made.
AB245-engrossed,50,2221
3. Reporting and audit requirements that relate to the account described under
22sub. (2) par. (a)
1.
AB245-engrossed,61
23Section 61
. 66.0608 (4) of the statutes is renumbered 66.0608 (3m) (c) and
24amended to read:
AB245-engrossed,51,3
166.0608
(3m) (c)
Ownership of funds. Notwithstanding an ordinance enacted
2under
sub. (2) par. (a), volunteer funds shall remain the property of the municipality
3until the funds are disbursed.
AB245-engrossed,63
5Section 63
. 66.1105 (2) (f) 1. c. of the statutes is amended to read:
AB245-engrossed,51,86
66.1105
(2) (f) 1. c. Real property assembly costs, meaning any deficit incurred
7resulting from the sale or lease as lessor by the city of real
or personal property within
8a tax incremental district for consideration which is less than its cost to the city.