Amendment AA6-ASA2-AB68

AB68-ASA2-AA6,36,15 “ Section 238y. 70.03 (1) of the statutes is amended to read:

AB68-ASA2-AA6,37,4 70.03 (1) In chs. 70 to 76, 78, and 79, “real property," “real estate," and “land" include not only the land itself but all buildings and , fixtures, improvements thereon, and all fixtures and, leases, rights , and privileges appertaining thereto, including assets that cannot be taxed separately as real property, but are inextricably intertwined with the real property, enable the real property to achieve its highest and best use, and are transferable to future owners, except as provided in sub. (2) and except that for the purpose of time-share property, as defined in s. 707.02 (32), real property does not include recurrent exclusive use and occupancy on a periodic basis or other rights, including, but not limited to, membership rights, vacation services, and club memberships. In this subsection, “lease” means a right in real estate that is related primarily to the property and not to the labor, skill, or business acumen of the property owner or tenant. In this subsection, “highest and best use” has the meaning given in s. 70.32 (1).".

AB68-ASA2-AA6,37,5 61. Page 296, line 11: after that line insert:

AB68-ASA2-AA6,37,6 “ Section 242d. 70.32 (1) of the statutes is amended to read:

AB68-ASA2-AA6,38,4 70.32 (1) Real property shall be valued by the assessor in the manner specified in the Wisconsin property assessment manual provided under s. 73.03 (2a) at its highest and best use from actual view or from the best information that the assessor can practicably obtain, at the full value which could ordinarily be obtained therefor at private sale. In determining the value, the assessor shall consider recent arm's-length sales of the property to be assessed if according to professionally acceptable appraisal practices those sales conform to recent arm's-length sales of reasonably comparable property; recent arm's-length sales of reasonably comparable property; and all factors that, according to professionally acceptable appraisal practices, affect the value of the property to be assessed. In this subsection, “arm's-length sale" means a sale between a willing buyer and willing seller, neither being under compulsion to buy or sell and each being familiar with the attributes of the property sold. In this subsection, “highest and best use" means the specific current use of the property or a higher use for which the property may be used as of the current assessment date, if the property is marketable for that use and the use is legally permissible, physically possible, not highly speculative, and financially feasible and provides the highest net return. When the current use of a property is the highest and best use of that property, value in the current use equals full market value. In this subsection, “legally permissible” does not include a conditional use that has not been granted as of the assessment date or any use that has not received as of the assessment date all federal, state, or local government approvals, permits, or licenses that are necessary for the use to occur.

AB68-ASA2-AA6,242e Section 242e. 70.32 (1b) of the statutes is created to read:

AB68-ASA2-AA6,38,18 70.32 (1b) In determining the value of real property under sub. (1), the assessor may consider, as part of the valuation under sub. (1), any lease provisions and actual rent pertaining to a property and affecting its value, including the lease provisions and rent associated with a sale and leaseback of the property, if all such lease provisions and rent are the result of an arm's-length transaction involving persons who are not related, as provided under section 267 of the Internal Revenue Code for the year of the transaction. The assessor shall reconcile the results of such consideration with the professionally acceptable appraisal practices regarding reasonably comparable sales, the cost approach, and other methods specified in the Wisconsin property assessment manual provided under s. 73.03 (2a). In this subsection, an “arm's-length transaction" means an agreement between willing parties, neither being under compulsion to act and each being familiar with the attributes of the property.

AB68-ASA2-AA6,242f Section 242f. 70.32 (1d) of the statutes is created to read:

AB68-ASA2-AA6,38,22 70.32 (1d) (a) To determine the value of property using generally accepted appraisal methods, the assessor shall consider all of the following as comparable to the property being assessed:

AB68-ASA2-AA6,38,24 1. Sales or rentals of properties exhibiting the same or a similar highest and best use with placement in the same real estate market segment.

AB68-ASA2-AA6,39,5 2. Sales or rentals of properties that are similar to the property being assessed with regard to age, condition, use, type of construction, location, design, physical features, and economic characteristics, including similarities in occupancy and the the potential to generate rental income. For purposes of this subdivision, such properties may be found locally, regionally, or nationally.

AB68-ASA2-AA6,39,7 (b) For purposes of par. (a), a property is not comparable if any of the following applies:

AB68-ASA2-AA6,39,11 1. At or before the time of sale, the seller places any deed restriction on the property that changes the highest and best use of the property, or prohibits competition, so that it no longer qualifies as a comparable property under par. (a) 1. or 2. and the property being assessed lacks such a restriction.

AB68-ASA2-AA6,39,16 2. The property is dark property and the property being assessed is not dark property. In this subdivision, “dark property” means property that is vacant or unoccupied beyond the normal period for property in the same real estate market segment. For purposes of this subdivision, what is considered vacant or unoccupied beyond the normal period may vary depending on the property location.

AB68-ASA2-AA6,39,18 (c) For purposes of par. (a), “highest and best use" has the meaning given in s. 70.32 (1).

AB68-ASA2-AA6,39,24 (d) For purposes of par. (a), “real estate market segment” means a pool of potential buyers and sellers that typically buy or sell properties similar to the property being assessed, including potential buyers who are investors or owner-occupants. For purposes of this paragraph, and depending on the type of property being assessed, the pool of potential buyers and sellers may be found locally, regionally, nationally, or internationally.”.

AB68-ASA2-AA6,40,1 62. Page 310, line 17: after that line insert:

AB68-ASA2-AA6,40,3 “ Section 279a. 79.01 (2d) of the statutes is renumbered 79.01 (2d) (intro.) and amended to read:

AB68-ASA2-AA6,40,7 79.01 (2d) (intro.) There is established an account in the general fund entitled the “County and Municipal Aid Account." The total amount to be distributed in 2011 to counties and municipalities from the county and municipal aid account is as follows:

AB68-ASA2-AA6,40,9 (a) In 2011, $824,825,715 and the total amount to be distributed to counties and municipalities in.

AB68-ASA2-AA6,40,11 (b) Beginning in 2012, and in each year thereafter, from the county and municipal aid account is and ending in 2020, $748,075,715.

AB68-ASA2-AA6,279b Section 279b. 79.01 (2d) (c) of the statutes is created to read:

AB68-ASA2-AA6,40,13 79.01 (2d) (c) In 2021, $763,137,215.

AB68-ASA2-AA6,279c Section 279c. 79.01 (2d) (d) of the statutes is created to read:

AB68-ASA2-AA6,40,15 79.01 (2d) (d) In 2022, and in each year thereafter, $778,500,015.

AB68-ASA2-AA6,279d Section 279d. 79.035 (5) of the statutes is renumbered 79.035 (5) (a) and amended to read:

AB68-ASA2-AA6,40,22 79.035 (5) (a) Except as provided in subs. (6), (7), and (8), for the distribution distributions beginning in 2013 and subsequent years ending in 2020, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2012.

AB68-ASA2-AA6,279e Section 279e. 79.035 (5) (a) of the statutes, as affected by 2019 Wisconsin Act 19, section 18, and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68-ASA2-AA6,41,4 79.035 (5) (a) Except as provided in subs. (7) and (8), for the distributions beginning in 2013 and ending in 2020, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2012.

AB68-ASA2-AA6,279f Section 279f. 79.035 (5) (b) of the statutes is created to read:

AB68-ASA2-AA6,41,9 79.035 (5) (b) 1. Except as provided in subs. (6), (7), and (8), for the distribution in 2021, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2020, increased by 2 percent.

AB68-ASA2-AA6,41,13 2. Except as provided in subs. (6), (7), and (8), for the distribution in 2022, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2021, increased by 2 percent.

AB68-ASA2-AA6,279g Section 279g. 79.035 (5) (b) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68-ASA2-AA6,41,19 79.035 (5) (b) 1. Except as provided in subs. (7) and (8), for the distribution in 2021, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2020, increased by 2 percent.

AB68-ASA2-AA6,41,23 2. Except as provided in subs. (7) and (8), for the distribution in 2022, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2021, increased by 2 percent.”.

AB68-ASA2-AA6,41,24 63. Page 310, line 17: after that line insert:

AB68-ASA2-AA6,42,1 “ Section 279h. 79.096 (1) of the statutes is renumbered 79.096 (1) (a).

AB68-ASA2-AA6,279i Section 279i. 79.096 (1) (b) of the statutes is created to read:

AB68-ASA2-AA6,42,11 79.096 (1) (b) Beginning in 2022, if the personal property tax imposed under ch. 70 is eliminated in any legislation enacted during the 2021-22 legislative session, effective with the January 1, 2022, assessments, the department of administration shall pay to each taxing jurisdiction, as defined in s. 79.095 (1) (c), an amount equal to the property taxes levied on all items of personal property for the assessments as of January 1, 2020. Beginning in 2023, and in each year thereafter, each taxing jurisdiction shall receive a payment under this paragraph equal to the payment it received in the previous year, multiplied by the inflation factor under s. 79.05 (1) (am).

AB68-ASA2-AA6,279j Section 279j. 79.096 (2) (a) of the statutes is renumbered 79.096 (2) (a) (intro.) and amended to read:

AB68-ASA2-AA6,42,17 79.096 (2) (a) (intro.) Each municipality shall report to the department of revenue, in the time and manner determined by the department, the amount of the property taxes levied on the items following on behalf of the municipality and on behalf of other taxing jurisdictions:

AB68-ASA2-AA6,42,20 1. All items of personal property described under s. 70.111 (27) (b) for the property tax assessments as of January 1, 2017, on behalf of the municipality and on behalf of other taxing jurisdictions.

AB68-ASA2-AA6,279k Section 279k. 79.096 (2) (a) 2. of the statutes is created to read:

AB68-ASA2-AA6,42,23 79.096 (2) (a) 2. All items of personal property described under s. 70.111 (28) (a) for the property tax assessments as of January 1, 2020.”.

AB68-ASA2-AA6,42,24 64. Page 328, line 15: after that line insert:

AB68-ASA2-AA6,43,1 “ Section 319m. 84.41 (3) of the statutes is created to read:

AB68-ASA2-AA6,43,6 84.41 (3) Employment regulations. Employment regulations set forth in s. 103.50 pertaining to wages and hours shall apply to all projects constructed under s. 84.40 in the same manner as such laws apply to projects on other state highways. Where applicable, the federal wages and hours law known as the Davis-Bacon act shall apply.

AB68-ASA2-AA6,319s Section 319s. 84.54 of the statutes is repealed.” .

AB68-ASA2-AA6,43,9 65. Page 330, line 16: delete the material beginning with that line and ending with page 331, line 13, and substitute:

AB68-ASA2-AA6,43,10 “ Section 324a. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

AB68-ASA2-AA6,43,20 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $64,193,900 for aid payable for calendar years 2015 to 2019 and $65,477,800 for aid payable for calendar year years 2020 and 2021, $67,114,700 for calendar year 2022, and $68,792,600 for calendar year 2023 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses of $80,000,000 or more. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB68-ASA2-AA6,325a Section 325a. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

AB68-ASA2-AA6,44,7 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $16,868,000 for aid payable for calendar years 2015 to 2019 and $17,205,400 for aid payable for calendar year years 2020 and 2021, $17,635,500 for calendar year 2022, and $18,076,400 for calendar year 2023 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB68-ASA2-AA6,325o Section 325o. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

AB68-ASA2-AA6,44,14 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $24,486,700 in calendar years 2015 to 2019 and $24,976,400 in calendar year years 2020 and 2021, $25,600,800 in calendar year 2022, and $26,240,800 in calendar year 2023 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB68-ASA2-AA6,325p Section 325p. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

AB68-ASA2-AA6,44,21 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,188,900 in calendar years 2015 to 2019 and $5,292,700 in calendar year years 2020 and 2021, $5,425,000 in calendar year 2022, and $5,560,600 in calendar year 2023 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB68-ASA2-AA6,325r Section 325r. 85.203 of the statutes is created to read:

AB68-ASA2-AA6,44,23 85.203 Transit capital assistance grants. (1) In this section:

AB68-ASA2-AA6,44,24 (a) “Eligible applicant" has the meaning given in s. 85.20 (1) (b).

AB68-ASA2-AA6,45,3 (b) “Public transit vehicle" means any vehicle used for providing transportation service to the general public that is eligible for replacement under settlement guidelines, as defined in s. 16.047 (1) (b).

AB68-ASA2-AA6,45,7 (2) The department shall administer a transit capital assistance grant program. From the appropriation under s. 20.395 (1) (bt), the department shall award grants to eligible applicants for the replacement of public transit vehicles. The department shall establish criteria for awarding grants under this section.”.

AB68-ASA2-AA6,45,8 66. Page 334, line 6: after that line insert:

AB68-ASA2-AA6,45,9 “ Section 334m. 86.51 of the statutes is repealed.”.

AB68-ASA2-AA6,45,10 67. Page 334, line 18: after that line insert:

AB68-ASA2-AA6,45,11 “ Section 336g. 100.2091 of the statutes is created to read:

AB68-ASA2-AA6,45,15 100.2091 Broadband; discrimination prohibited. (1) No broadband service provider may deny access to broadband service to any group of potential residential customers because of the race or income of the residents in the area in which the group resides.

AB68-ASA2-AA6,45,20 (2) It is a defense to an alleged violation of sub. (1) based on income if, no later than 3 years after the date on which the broadband service provider began providing broadband service in this state, at least 30 percent of the households with access to the broadband service provider's broadband service in the area in which a group of potential residential customers resides are low-income households.

AB68-ASA2-AA6,46,3 (3) The department may enforce this section and may promulgate rules to implement and administer this section. The department of justice may represent the department in an action to enforce this section. If the court finds that a broadband service provider has not complied with this section, the court shall order the broadband service provider to comply with this section within a reasonable amount of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees, to the department of justice.

AB68-ASA2-AA6,46,9 (4) Any person that is affected by a failure to comply with this section may bring an action to enforce this section. If a court finds that a broadband service provider has not complied with this section, the court shall order the broadband service provider to comply with this section within a reasonable amount of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees, to the person affected.

AB68-ASA2-AA6,336r Section 336r. 100.2092 of the statutes is created to read:

AB68-ASA2-AA6,46,15 100.2092 Broadband service subscriber rights. (1) Rights. (a) A broadband service provider shall repair broadband service within 72 hours after a subscriber reports a service interruption or requests the repair if the service interruption is not the result of a major system-wide or large area emergency, such as a natural disaster.

AB68-ASA2-AA6,46,19 (b) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for one day of broadband service if broadband service is interrupted for more than 4 hours in one day and the interruption is caused by the broadband service provider.

AB68-ASA2-AA6,46,23 (c) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for each hour that broadband service is interrupted if broadband service is interrupted for more than 4 hours in one day and the interruption is not caused by the broadband service provider.

AB68-ASA2-AA6,47,3 (d) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose that a subscriber has a right to a credit for notifying the broadband service provider of a service interruption.

AB68-ASA2-AA6,47,5 (e) A broadband service provider shall provide broadband service that satisfies minimum standards established by the department by rule.

AB68-ASA2-AA6,47,7 (f) A broadband service provider shall give a subscriber at least 30 days' advance written notice before instituting a rate increase.

AB68-ASA2-AA6,47,10 (g) A broadband service provider shall give a subscriber at least 7 days' advance written notice of any scheduled routine maintenance that causes a service slowdown, interruption, or outage.

AB68-ASA2-AA6,47,13 (h) A broadband service provider shall give a subscriber at least 10 days' advance written notice of disconnecting service, unless the disconnection is requested by the subscriber.

AB68-ASA2-AA6,47,16 (i) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose the factors that may cause the actual broadband speed experience to vary, including the number of users and device limitations.

AB68-ASA2-AA6,47,19 (j) A broadband service provider shall provide broadband service to a subscriber as described in point of sale advertisements and representations made to the subscriber.

AB68-ASA2-AA6,47,22 (k) A broadband service provider shall give a subscriber at least 10 days' advance written notice of a change in a factor that might cause the originally disclosed speed experience to vary.

AB68-ASA2-AA6,48,2 (L) A broadband service provider shall allow a subscriber to terminate a contract and receive a full refund without fees if the provider sells a service that does not satisfy the requirements established under par. (e) and the broadband service provider does not satisfy the requirements established under par. (e) within one month of written notification from the subscriber.

AB68-ASA2-AA6,48,6 (2) Advertising. A broadband service provider shall disclose the factors that may cause the actual broadband speed experience of a subscriber to vary, including the number of users and device limitations, in each advertisement of the speed of the provider's service, including in all of the following types of advertisements:

AB68-ASA2-AA6,48,7 (a) Television and other commercials.

AB68-ASA2-AA6,48,8 (b) Internet and email advertisements.

AB68-ASA2-AA6,48,9 (c) Print advertisements and bill inserts.

AB68-ASA2-AA6,48,11 (d) Any other advertising method or solicitation for the sale of new or upgraded broadband service.

AB68-ASA2-AA6,48,13 (3) Rules. The department may promulgate rules to implement and administer this section.