Amendment SA1-AB344

2019 - 2020 LEGISLATURE

SENATE AMENDMENT 1, TO ASSEMBLY BILL 344

February 19, 2020 - Offered by Senators Smith, Johnson, L. Taylor, Hansen, Wirch, Shilling, Miller, Ringhand, Risser, Erpenbach, Carpenter, Larson and Schachtner.

AB344-SA1,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB344-SA1,1,5 1. Page 1, line 3: after “service" insert “and installation of empty conduit lines as part of a digging project in a right-of-way and offers of service from fiber optic cable broadband lines installed in rights-of-way".

AB344-SA1,1,6 2. Page 1, line 4: before that line insert:

AB344-SA1,1,7 “ Section 1e. 66.0422 (2) (intro.) of the statutes is amended to read:

AB344-SA1,1,12 66.0422 (2) (intro.) Except as otherwise provided in subs. (3), (3d), (3m), and (3n) this section, no local government may enact an ordinance or adopt a resolution authorizing the local government to construct, own, or operate any facility for providing video service, telecommunications service, or broadband service, directly or indirectly, to the public, unless all of the following are satisfied:

AB344-SA1,1g Section 1g. 66.0422 (3b) of the statutes is created to read:

AB344-SA1,2,2 66.0422 (3b) Subsection (2) does not apply to conduit lines that a local government requires to be installed under s. 66.0912 (2).

AB344-SA1,1j Section 1j. 66.0912 of the statutes is created to read:

AB344-SA1,2,5 66.0912 Installation of conduit in right-of-way. (1) Definitions. In this section:

AB344-SA1,2,6 (a) “Political subdivision” means any city, village, town, or county.

AB344-SA1,2,10 (b) “Right-of-way” means the area on, below, or above a highway, as defined in s. 340.01 (22), other than a highway that is part of the national system of interstate highways; sidewalk; utility easement; or other similar property, including property owned or controlled by the department of transportation.

AB344-SA1,2,12 (c) “Special work” means construction or maintenance of a sidewalk project or highway project on a state trunk highway.

AB344-SA1,2,18 (2) Requirements for the installation of conduit. If any person conducts any special work in a political subdivision's right-of-way that results in the person digging in the right-of-way, the political subdivision may require the person to install empty conduit lines in any part of the right-of-way in which the person is digging. The empty conduit lines must be suitable for the installation of fiber optic broadband lines.”.

AB344-SA1,2,19 3. Page 2, line 25: after that line insert:

AB344-SA1,2,20 “ Section 2g. 84.01 (38) of the statutes is created to read:

AB344-SA1,3,2 84.01 (38) Conduit line installation. If a person conducts construction or maintenance work on a state trunk highway that results in the person digging in the right-of-way of the state trunk highway, the department may require the person to install empty conduit lines in any part of the right-of-way in which the person is digging. The empty conduit lines must be suitable for the installation of fiber optic broadband lines.

AB344-SA1,2m Section 2m. 196.5047 of the statutes is created to read:

AB344-SA1,3,6 196.5047 Fiber optic cable broadband lines in rights-of-way. (1) In this section, “right-of-way” means a right-of-way, as defined in s. 66.0912 (1) (b), of the state or a city, village, town, or county.

AB344-SA1,3,10 (2) An Internet service provider that has installed a fiber optic cable broadband line in a right-of-way shall, upon the request of an owner of a structure that is 300 feet or fewer from the center line of the right-of-way, offer to provide to the structure the service that is provided over the line.”.

AB344-SA1,3,12 4. Page 3, line 2: delete “This act" and substitute “The treatment of ss. 76.80 (2), (2m), and (5) and 76.81".

AB344-SA1,3,13 5. Page 3, line 4: after that line insert:

AB344-SA1,3,16 “(2e) The treatment of ss. 66.0422 (2) (intro.) and (3b), 66.0912, and 84.01 (38) first applies to a project that involves digging in a right-of-way that begins on the effective date of this subsection.”.

AB344-SA1,3,17 (End)