AB245: Bill Text

AB245,51 Section 51 . 66.0441 of the statutes is created to read:

AB245,31,23 66.0441 Quarries extracting certain nonmetallic minerals. (1) Construction. (a) Nothing in this section may be construed to affect the authority of a political subdivision to regulate land use for a purpose other than quarry operations.

AB245,32,2 (b) Subject to pars. (c) and (d), nothing in this section may be construed to exempt a quarry from a regulation of general applicability placed by a political subdivision that applies to other property in the political subdivision that is not a quarry unless the regulation is inconsistent with this section.

AB245,32,8 (c) Nothing in this section may be construed to exempt a quarry from the application, outside of a nonmetallic mining licensing permit, of a requirement imposed by a political subdivision under ch. 349, a regulation of general applicability placed by a political subdivision that regulates access to property from roads for which the political subdivision is the maintaining authority, or a restriction on the use of roads for which the political subdivision is the maintaining authority.

AB245,32,11 (d) Nothing in this section may be construed to exempt a quarry from a restriction placed by a political subdivision regulating a nonconforming use under s. 59.69 (10), 60.61 (5), or 62.23 (7).

AB245,32,12 (2) Definitions. In this section:

AB245,32,14 (a) “Active quarry” means a quarry that has operated during the preceding 12-month period.

AB245,32,17 (b) “Nonmetallic mining licensing ordinance” means an ordinance that is enacted by a political subdivision specifically regulating the operation of a quarry and that is not enacted pursuant to zoning authority.

AB245,32,20 (c) “Nonmetallic mining licensing permit” means a form of approval that is granted by a political subdivision pursuant to a nonmetallic mining licensing ordinance and that is specifically related to the operation of a quarry.

AB245,32,22 (d) “Permit” means a form of approval granted by a political subdivision for the operation of a quarry.

AB245,32,23 (e) “Political subdivision” means a city, village, town, or county.

AB245,33,3 (f) “Public works project” means a federal, state, county, or municipal project that involves the construction, maintenance, or repair of a public transportation facility or other public infrastructure and in which nonmetallic minerals are used.

AB245,33,7 (g) “Quarry” means the surface area from which nonmetallic minerals, including soil, clay, sand, gravel, and construction aggregate, that are used primarily for a public works project or a private construction or transportation project are extracted and processed.

AB245,33,10 (h) “Quarry operations” means the extraction and processing of minerals at a quarry and all related activities, including blasting, vehicle and equipment access to the quarry, and loading and hauling of material to and from the quarry.

AB245,33,13 (i) “Zoning permit” means a form of approval, including a conditional use permit, granted by a political subdivision pursuant to a zoning ordinance for the operation of a quarry.

AB245,33,18 (3) Limitations on local regulation. (a) Permits. 1. In this paragraph, “substantial evidence” means facts and information, other than merely personal preference or speculation, directly pertaining to the requirements that an applicant must meet to obtain a nonmetallic mining licensing permit and that a reasonable person would accept in support of a conclusion.

AB245,33,22 2. Consistent with the requirements and limitations in this subsection, except as provided in subd. 3., a political subdivision may require a quarry operator to obtain a zoning permit or nonmetallic mining licensing permit to conduct quarry operations.

AB245,34,9 3. A political subdivision may not require a quarry operator of an active quarry to obtain a zoning permit or nonmetallic mining licensing permit to conduct quarry operations unless prior to the establishment of quarry operations the political subdivision enacts an ordinance that requires the permit. A political subdivision that requires a quarry operator to obtain a nonmetallic mining licensing permit under this subdivision may not impose a requirement in the nonmetallic mining licensing permit pertaining to any matter regulated by an applicable zoning ordinance or addressed through conditions imposed or agreed to in a previously issued and effective zoning permit. Any requirement imposed in a nonmetallic mining licensing permit shall be related to the purpose of the ordinance requiring the nonmetallic mining licensing permit and shall be based on substantial evidence. The duration of a nonmetallic mining licensing permit may not be shorter than 5 years.

AB245,34,18 (b) Applicability of local limit. If a political subdivision enacts a nonmetallic mining licensing ordinance requirement regulating the operation of a quarry that was not in effect when quarry operations began at an active quarry, the ordinance requirement does not apply to that quarry or to land that is contiguous to the land on which the quarry is located, if the contiguous land has remained continuously under common ownership, leasehold, or control with land on which the quarry is located from the time the ordinance was enacted; can be shown to have been intended for quarry operations prior to the enactment of the ordinance; and is located in the same political subdivision.

AB245,34,22 (c) Hours of operation. A political subdivision may not limit the times, including days of the week, that quarry operations may occur 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.

AB245,35,2 (d) Blasting. 1. In this paragraph, “affected area” means an area within a certain radius of a blasting site that may be affected by a blasting operation, as determined using a formula established by the department of safety and professional services by rule that takes into account a scaled-distance factor and the weight of explosives to be used.

AB245,35,4 2. Except as provided under subds. 3. and 4. and s. 101.02 (7y), a political subdivision may not limit blasting at a quarry.

AB245,35,6 3. A political subdivision may require the operator of a quarry to do any of the following:

AB245,35,9 a. Before beginning a blasting operation at the quarry, provide notice of the blasting operation to each political subdivision in which any part of the quarry is located and to owners of dwellings or other structures within the affected area.

AB245,35,12 b. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a building survey of any dwellings or other structures within the affected area.

AB245,35,14 c. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a survey of and test any wells within the affected area.

AB245,35,16 d. Provide evidence of insurance to each political subdivision in which any part of the quarry is located.

AB245,35,18 e. Provide copies of blasting logs to each political subdivision in which any part of the quarry is located.

AB245,35,20 f. Provide maps of the affected area to each political subdivision in which any part of the quarry is located.

AB245,35,22 g. Provide copies of any reports submitted to the department of safety and professional services relating to blasting at the quarry.

AB245,36,3 4. A political subdivision may suspend a permit for a violation of the requirements under s. 101.15 relating to blasting and rules promulgated by the department of safety and professional services under s. 101.15 (2) (e) relating to blasting only if the department of safety and professional services determines that a violation of the requirements or rules has occurred and only for the duration of the violation as determined by the department of safety and professional services.

AB245,36,7 5. Nothing in this section exempts a quarry operator from applicable limitations on the time of day during which blasting activities may be conducted that are imposed by rules promulgated by the department of safety and professional services.

AB245,36,10 (e) 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.

AB245,36,15 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.

AB245,36,19 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.

AB245,36,23 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.

AB245,52 Section 52. 66.0602 (1) (am) of the statutes is amended to read:

AB245,37,4 66.0602 (1) (am) “Joint fire department" means a joint fire department organized under s. 61.65 (2) (a) 3. or 62.13 (2m) (1m), or a joint fire department organized by any combination of 2 or more cities, villages, or towns under s. 66.0301 (2).

AB245,53 Section 53. 66.0602 (3) (a) and (b) of the statutes are repealed.

AB245,54 Section 54 . 66.0607 (1) of the statutes is amended to read:

AB245,37,16 66.0607 (1) Except as otherwise provided in subs. (2) to (5) and in s. 66.0608 (3m), in a county, city, village, town, or school district, all disbursements from the treasury shall be made by the treasurer upon the written order of the county, city, village, town, or school clerk after proper vouchers have been filed in the office of the clerk. If the statutes provide for payment by the treasurer without an order of the clerk, the clerk shall draw and deliver to the treasurer an order for the payment before or at the time that the payment is required to be made by the treasurer. This section applies to all special and general provisions of the statutes relative to the disbursement of money from the county, city, village, town, or school district treasury except s. 67.10 (2).

AB245,55 Section 55 . 66.0608 (title) of the statutes is renumbered 66.0608 (3m) (title).

AB245,56 Section 56 . 66.0608 (title) of the statutes is created to read:

AB245,37,19 66.0608 (title) Protective services.

AB245,57 Section 57 . 66.0608 (1) (fm) of the statutes is created to read:

AB245,37,21 66.0608 (1) (fm) “Political subdivision” means a city, village, town, or county.

AB245,58 Section 58 . 66.0608 (2) of the statutes is renumbered 66.0608 (3m) (a), and 66.0608 (3m) (a) (intro.) and 2., as renumbered, are amended to read:

AB245,38,3 66.0608 (3m) (a) General authority. (intro.) Subject to subs. (3) and (4) pars. (b) and (c), the governing body of a municipality may enact an ordinance that does all of the following:

AB245,38,8 2. Gives the municipality's fire department, emergency medical services practitioner department, or emergency medical responder department, through the official or employee described under par. (a) subd. 1., exclusive control over the expenditure of volunteer funds of the department for which the individual serves as an official or employee in an account described under par. (a) subd. 1.

AB245,59 Section 59 . 66.0608 (2m) of the statutes is created to read:

AB245,38,11 66.0608 (2m) Maintenance of effort. (a) 1. Beginning July 1, 2024, annually not later than July 1, except as provided in par. (c), all of the following apply:

AB245,38,17 1. A city, village, or town with a population of greater than 20,000 shall certify to the department of revenue that the city, village, or town has maintained a level of law enforcement that is at least equivalent to that provided in the city, village, or town in the previous year. The certification shall include a statement under par. (b) 1. from the person in charge of providing law enforcement service for the city, village, or town, or for the city, village, or town under contract to provide this service.

AB245,38,24 2. A political subdivision shall certify to the department of revenue that the political subdivision has maintained a level of fire protective and emergency medical service that is at least equivalent to that provided in the political subdivision in the previous year. The certification shall include a statement under par. (b) 2. from the person in charge of providing fire protective and emergency medical services for the political subdivision, or for the political subdivision under contract to provide this service.

AB245,39,2 3. A certification under this paragraph is not required to certify the same items under par. (b) or (c) that were certified in a prior statement.

AB245,39,4 (b) 1. Except as provided in par. (c) 1., a statement that certifies that any 2 of the following have been maintained at a level at least equivalent to the previous year:

AB245,39,6 a. The political subdivision's expenditures, not including capital expenditures, for law enforcement services.

AB245,39,8 b. The number of full-time equivalent officers employed by or assigned to the political subdivision.

AB245,39,11 c. The number of citations for moving traffic violations under chs. 341 to 349 or local ordinances in conformity therewith issued within the political subdivision by law enforcement agencies.

AB245,39,13 d. The number of arrests made and citations issued for violations other than those described under subd. 1. c. within the political subdivision.

AB245,39,15 2. Except as provided in par. (c) 1., a statement that certifies that any 2 of the following have been maintained at a level at least equivalent to the previous year:

AB245,39,17 a. The political subdivision's expenditures, not including capital expenditures, for fire protective and emergency medical services.

AB245,39,19 b. The number of full-time equivalent fire fighters and emergency medical services personnel employed by or assigned to the political subdivision.

AB245,39,22 c. The level of training of and maintenance of licensure for fire fighters and emergency medical services personnel providing fire protective and emergency medical services within the political subdivision.

AB245,39,24 d. Response times for fire protective and emergency medical services throughout the political subdivision, adjusted for the location of calls for service.

AB245,40,7 (c) 1. If a political subdivision failed to make a certification under par. (b) 1. or 2. in the previous year, in making the certification under par. (b) 1. or 2., the political subdivision shall certify that the political subdivision has maintained a level of law enforcement or fire protective and emergency medical service that is at least equivalent to that provided in the most recent year that the political subdivision made a certification under par. (b) 1. or 2. or to that provided in 2023, whichever year is most recent.

AB245,40,18 2. If a political subdivision is unable to make a certification under par. (b) 1. or 2. because in the previous year the political subdivision consolidated law enforcement or fire protective and emergency medical services with another political subdivision or entered into a contract with a private entity to provide fire protective or emergency medical services, the political subdivision, in lieu of the certification under par. (b) 1. or 2., may certify to the department of revenue that the political subdivision has maintained a level of law enforcement or fire protection and emergency medical service that is at least equivalent to that provided in the political subdivision in the previous year, but cannot provide a statement under par. (b) 1. or 2. because of the consolidation or contract. This subdivision applies only to the year following consolidation or entry into a contract.

AB245,40,22 3. A political subdivision that has established or joined a newly established law enforcement agency or fire protection and emergency medical service agency within the previous 2 years may provide a certified statement to that effect, in lieu of certification under par. (b) 1. or 2.

AB245,40,25 4. If law enforcement services in a town are provided solely by the county sheriff on a noncontractual basis, the town may provide a certified statement to that effect, in lieu of certification under par. (b) 1.

AB245,60 Section 60. 66.0608 (3) of the statutes is renumbered 66.0608 (3m) (b) and amended to read:

AB245,41,4 66.0608 (3m) (b) Limitations, requirements. An ordinance enacted under sub. (2) par. (a) may include any of the following limitations or requirements:

AB245,41,6 1. A limit on the type and amount of funds that may be deposited into the account described under sub. (2) par. (a) 1.

AB245,41,9 2. A limit on the amount of withdrawals from the account described under sub. (2) par. (a) 1. that may be made, and a limit on the purposes for which such withdrawals may be made.

AB245,41,11 3. Reporting and audit requirements that relate to the account described under sub. (2) par. (a) 1.

AB245,61 Section 61 . 66.0608 (4) of the statutes is renumbered 66.0608 (3m) (c) and amended to read:

AB245,41,16 66.0608 (3m) (c) Ownership of funds. Notwithstanding an ordinance enacted under sub. (2) par. (a), volunteer funds shall remain the property of the municipality until the funds are disbursed.

AB245,62 Section 62 . 66.1105 (2) (d) of the statutes is repealed.

AB245,63 Section 63 . 66.1105 (2) (f) 1. c. of the statutes is amended to read:

AB245,41,21 66.1105 (2) (f) 1. c. Real property assembly costs, meaning any deficit incurred resulting from the sale or lease as lessor by the city of real or personal property within a tax incremental district for consideration which is less than its cost to the city.

AB245,64 Section 64. 66.1105 (2) (f) 2. e. of the statutes is amended to read:

AB245,42,3 66.1105 (2) (f) 2. e. For a tax incremental district in the city of Milwaukee, direct or indirect expenses related to developing, constructing, or operating a rail fixed guideway transportation system, as defined in s. 85.066 (1), in the city of Milwaukee. This subdivision 2. e. does not apply to the development or construction of a rail fixed guideway transportation system route traversing Clybourn St. and Michigan St., referred to as the “Lakefront Line.”

AB245,65 Section 65. 66.1105 (2) (i) 2. of the statutes is amended to read:

AB245,42,9 66.1105 (2) (i) 2. For purposes of any agreement between the taxing jurisdiction and a developer regarding the tax incremental district entered into prior to April 5, 2018 the effective date of this subdivision .... [LRB inserts date], “tax increment” includes the amount that a taxing jurisdiction is obligated to attribute to a tax incremental district under s. 79.096 (3).

AB245,66 Section 66 . 66.1105 (5) (j) of the statutes is created to read:

AB245,42,17 66.1105 (5) (j) Upon receiving a written application from the city clerk, in a form prescribed by the department of revenue, the department shall recalculate the base value of a tax incremental district affected by 2023 Wisconsin Act .... (this act) to remove the value of the personal property. A request received under this paragraph no later than October 31 is effective in the year following the year in which the request is made. A request received after October 31 is effective in the 2nd year following the year in which the request is made.

AB245,67 Section 67 . 66.1106 (1) (k) of the statutes is amended to read:

AB245,42,20 66.1106 (1) (k) “Taxable property" means all real and personal taxable property located in an environmental remediation tax incremental district.

AB245,68 Section 68. 66.1106 (4) (e) of the statutes is created to read:

AB245,43,3 66.1106 (4) (e) Upon receiving a written application from the clerk of a political subdivision, in a form prescribed by the department of revenue, the department shall recalculate the base value of a tax incremental district affected by 2023 Wisconsin Act .... (this act) to remove the value of the personal property. A request received under this paragraph no later than October 31 is effective in the year following the year in which the request is made. A request received after October 31 is effective in the 2nd year following the year in which the request is made.

AB245,69 Section 69. 70.015 of the statutes is created to read: