SB1104: Bill Text

SB1104,51 Section 51 . 121.905 (3) (c) 9. of the statutes is created to read:

SB1104,28,2 121.905 (3) (c) 9. For the limit for the 2023-24 school year and any school year thereafter, add the result under s. 121.91 (2m) (L) 2. to the result under par. (b).

SB1104,52 Section 52 . 121.91 (2m) (i) (intro.) of the statutes is amended to read:

SB1104,28,7 121.91 (2m) (i) (intro.) Except as provided in subs. (3), (4), and (8), no school district may increase its revenues for the 2015-16, 2016-17, 2017-18, 2018-19, and 2021-22 school year or for any school year thereafter years to an amount that exceeds the amount calculated as follows:

SB1104,53 Section 53 . 121.91 (2m) (k) of the statutes is created to read:

SB1104,28,11 121.91 (2m) (k) Except as provided in subs. (3), (4), and (8), no school district may increase its revenues for the 2022-23 school year to an amount that exceeds the amount calculated as follows:

SB1104,28,15 1. Divide the sum of the amount of state aid received in the previous school year and property taxes levied for the previous school year, excluding property taxes levied for the purpose of s. 120.13 (19) and excluding funds described under sub. (4) (c), by the average of the number of pupils enrolled in the 3 previous school years.

SB1104,28,16 2. Add $204 to the result under subd. 1.

SB1104,28,18 3. Multiply the result under subd. 2. by the average of the number of pupils enrolled in the current school year and the 2 preceding school years.

SB1104,54 Section 54 . 121.91 (2m) (L) of the statutes is created to read:

SB1104,28,22 121.91 (2m) (L) Except as provided in subs. (3), (4), and (8), no school district may increase its revenues for the 2023-24 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows:

SB1104,29,2 1. Divide the sum of the amount of state aid received in the previous school year and property taxes levied for the previous school year, excluding property taxes levied for the purpose of s. 120.13 (19) and excluding funds described under sub. (4) (c), by the average of the number of pupils enrolled in the 3 previous school years.

SB1104,29,5 2. Multiply the amount of the revenue increase per pupil allowed under this subsection for the previous school year by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal.

SB1104,29,6 3. Add the result under subd. 1. to the result under subd. 2.

SB1104,29,8 4. Multiply the result under subd. 3. by the average of the number of pupils enrolled in the current and the 2 preceding school years.

SB1104,55 Section 55 . 121.91 (2m) (r) 1. (intro.) of the statutes is amended to read:

SB1104,29,13 121.91 (2m) (r) 1. (intro.) Notwithstanding pars. (i) to (j) (k) and (L), if a school district is created under s. 117.105, its revenue limit under this section for the school year beginning with the effective date of the reorganization shall be determined as follows except as provided under subs. (3) and (4):

SB1104,56 Section 56. 121.91 (2m) (r) 1. b. of the statutes is amended to read:

SB1104,30,2 121.91 (2m) (r) 1. b. Add an amount equal to the amount of revenue increase per pupil allowed under this subsection for the previous school year multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal to the result under subd. 1. a., except that in calculating the limit for the 2013-14 school year and the 2014-15 school year, add $75 to the result under subd. 1. a., in calculating the limit for the 2019-20 school year, add $175 to the result under subd. 1. a., and in calculating the limit for the 2020-21 school year, add $179 to the result under subd. 1. a. In the 2015-16 to 2018-19 school years, in calculating the limit for the 2021-22 school year, and any school year thereafter, make no adjustment to the result under subd. 1. a., in calculating the limit for the 2022-23 school year, add $204 to the result under subd. 1. a., and in calculating the limit for the 2023-24 school year and any school year thereafter, add the amount calculated under par. (L) 3. for that school year to the result under subd. 1. a.

SB1104,57 Section 57 . 121.91 (2m) (r) 2. (intro.) of the statutes is amended to read:

SB1104,30,7 121.91 (2m) (r) 2. (intro.) If a school district is created under s. 117.105, the following adjustments to the calculations under pars. (i) to (j) (k) and (L) apply for the 2 school years beginning on the July 1 following the effective date of the reorganization:

SB1104,58 Section 58 . 121.91 (2m) (r) 2. a. of the statutes is amended to read:

SB1104,30,16 121.91 (2m) (r) 2. a. For the school year beginning on the first July 1 following the effective date of the reorganization the number of pupils in the previous school year shall be used under pars. (i) 1., (im) 1. and (j) 1. (k) 1. and (L) 1. instead of the average of the number of pupils in the 3 previous school years, and for the school year beginning on the 2nd July 1 following the effective date of the reorganization the average of the number of pupils in the 2 previous school years shall be used under pars. (i) 1., (im) 1. and (j) 1. (k) 1. and (L) 1. instead of the average of the number of pupils in the 3 previous school years.

SB1104,59 Section 59 . 121.91 (2m) (r) 2. b. of the statutes is amended to read:

SB1104,30,22 121.91 (2m) (r) 2. b. For the school year beginning on the first July 1 following the effective date of the reorganization the average of the number of pupils in the current and the previous school years shall be used under pars. (i) 2. and (j) 3. (k) 3. and (L) 4. instead of the average of the number of pupils in the current and the 2 preceding school years.

SB1104,60 Section 60 . 121.91 (2m) (s) 1. (intro.) of the statutes is amended to read:

SB1104,31,3 121.91 (2m) (s) 1. (intro.) Notwithstanding pars. (i) to (j) (k) and (L), if territory is detached from a school district to create a new school district under s. 117.105, the revenue limit under this section of the school district from which territory is detached for the school year beginning with the effective date of the reorganization shall be determined as follows except as provided in subs. (3) and (4):

SB1104,61 Section 61. 121.91 (2m) (s) 1. b. of the statutes is amended to read:

SB1104,31,16 121.91 (2m) (s) 1. b. Add an amount equal to the amount of revenue increase per pupil allowed under this subsection for the previous school year multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal to the result under subd. 1. a., except that in calculating the limit for the 2013-14 school year and the 2014-15 school year, add $75 to the result under subd. 1. a., in calculating the limit for the 2019-20 school year, add $175 to the result under subd. 1. a., and in calculating the limit for the 2020-21 school year, add $179 to the result under subd. 1. a. In the 2015-16 to 2018-19 school years, the 2021-22 school year, and any school year thereafter, make no adjustment to the result under subd. 1. a. the 2022-23 school year, add $204 to the result under subd. 1. a., and in calculating the limit for the 2023-24 school year and any school year thereafter, add the amount calculated under par. (L) 3. for that school year to the result under subd. 1. a.

SB1104,62 Section 62 . 121.91 (2m) (s) 2. (intro.) of the statutes is amended to read:

SB1104,31,22 121.91 (2m) (s) 2. (intro.) If territory is detached from a school district to create a new school district under s. 117.105, the following adjustments to the calculations under pars. (i) to (j) (k) and (L) apply to the school district from which territory is detached for the 2 school years beginning on the July 1 following the effective date of the reorganization:

SB1104,63 Section 63 . 121.91 (2m) (s) 2. a. of the statutes is amended to read:

SB1104,32,6 121.91 (2m) (s) 2. a. For the school year beginning on the first July 1 following the effective date of the reorganization, the number of pupils in the previous school year shall be used under pars. (i) 1., (im) 1., and (j) 1. (k) 1. and (L) 1. instead of the average of the number of pupils in the 3 previous school years; and for the school year beginning on the 2nd July 1 following the effective date of the reorganization, the average of the number of pupils in the 2 previous school years shall be used under pars. (i) 1., (im) 1., and (j) 1. (k) 1. and (L) 1. instead of the average of the number of pupils in the 3 previous school years.

SB1104,64 Section 64 . 121.91 (2m) (s) 2. b. of the statutes is amended to read:

SB1104,32,12 121.91 (2m) (s) 2. b. For the school year beginning on the first July 1 following the effective date of the reorganization the average of the number of pupils in the current and the previous school year shall be used under pars. (i) 2. and (j) 3. (k) 3. and (L) 4. instead of the average of the number of pupils in the current and the 2 preceding school years.

SB1104,65 Section 65 . 121.91 (2m) (t) 1. (intro.) of the statutes is amended to read:

SB1104,32,22 121.91 (2m) (t) 1. (intro.) If 2 or more school districts are consolidated under s. 117.08 or 117.09, in the 2019-20 school year, the consolidated school district's revenue limit shall be determined as provided under par. (im), in the 2020-21 school year, the consolidated school district's revenue limit shall be determined as provided under par. (j), in the 2021-22 school year, the consolidated school district's revenue limit shall be determined as provided under par. (i), in the 2022-23 school year, the consolidated school district's revenue limit shall be determined as provided under par. (k), and in each school year thereafter, the consolidated school district's revenue limit shall be determined as provided under par. (i) (L), except as follows:

SB1104,66 Section 66 . 121.91 (4) (om) of the statutes is created to read:

SB1104,33,13 121.91 (4) (om) 1. Beginning in the 2022-23 school year, if a school board adopts a resolution to do so, the limit otherwise applicable to a school district under sub. (2m) in any school year is increased by the amount spent by the school district in that school year on a project, including the payment of debt service on a bond or note issued or a state trust fund loan obtained to finance the project, to remediate lead contamination in drinking water in the school district. In this paragraph, the amount spent by the school district includes costs incurred by the school district to test for the presence of lead in drinking water, to provide safe drinking water to affected school buildings during remediation, and, if necessary, to replace lead pipe water service lines to school buildings in the school district. The term of a bond or note issued or state trust fund loan obtained to finance the project under this subdivision may not exceed 20 years. If a school board issues a bond or note or obtains a state trust fund loan to finance a project described in this subdivision, a resolution adopted by a school board under this subdivision is valid for each school year in which the school board pays debt service on the bond, note, or state trust fund loan.

SB1104,33,16 2. Any additional revenue received by a school district under this paragraph shall not be included in the base for determining the school district's limit under sub. (2m) for the following school year.

SB1104,67 Section 67. 165.25 (4) (ar) of the statutes is amended to read:

SB1104,33,24 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.2091, 100.2092, 100.21, 100.28, 100.37, 100.42, 100.50, 100.51, 100.55, and 846.45 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

SB1104,68 Section 68. 182.0172 of the statutes is created to read:

SB1104,34,2 182.0172 Electric providers using easements to provide broadband. (1) In this section:

SB1104,34,5 (a) 1. “Broadband infrastructure” means any of the following that can be used to facilitate, directly or indirectly, originate, send, and receive high-quality voice, data, graphics, video, and video programming communications:

SB1104,34,6 a. Materials.

SB1104,34,7 b. Wires.

SB1104,34,9 c. Cables, including fiber optic and copper cables regardless of whether the cables are dark or lit and whether the cables are in use or dormant.

SB1104,34,10 d. Conduits.

SB1104,34,11 e. Antennas.

SB1104,34,12 f. Equipment.

SB1104,34,13 g. Fixtures.

SB1104,34,14 h. Switching multiplexers.

SB1104,34,15 i. Poles.

SB1104,34,16 j. Routers.

SB1104,34,17 k. Switches.

SB1104,34,18 L. Servers.

SB1104,34,19 m. Appurtenances.

SB1104,34,20 n. Facilities.

SB1104,34,21 o. Ancillary or auxiliary equipment.

SB1104,34,23 2. “Broadband infrastructure” does not include new poles or new towers that are used exclusively for providing broadband services.

SB1104,34,24 (b) “Electric provider” means any of the following:

SB1104,35,2 1. A public utility, as defined in s. 196.01 (5), that generates, transmits, or distributes electric energy at wholesale or retail.

SB1104,35,5 2. A cooperative association incorporated under ch. 185 to do business in this state that carries on the business of generating, transmitting, or distributing electric energy to its members at wholesale or retail.

SB1104,35,7 (2) (a) 1. An electric provider may use an easement that it holds for any of the following purposes:

SB1104,35,10 a. Installing or maintaining broadband infrastructure to provide broadband services or allowing a supplier of broadband services to install or maintain broadband infrastructure to provide broadband services.

SB1104,35,12 b. Leasing or providing to a supplier of broadband services any excess capacity in the electric provider's broadband infrastructure.

SB1104,35,15 2. This paragraph does not exempt, except, or exclude an electric provider or supplier of broadband services from complying with any provision of state or federal law applicable to siting broadband infrastructure or providing broadband services.

SB1104,35,18 (b) Except as provided in par. (c) 1., terms or conditions of an easement held by an electric provider that inhibit the electric provider from using the easement for a purpose under par. (a) do not apply.

SB1104,35,20 (c) Paragraphs (a) and (b) do not apply to an easement that does any of the following:

SB1104,35,22 1. Expressly prohibits, by its terms, using the easement for a purpose under par. (a).

SB1104,35,23 2. Applies to property owned by the state or a city, village, town, or county.

SB1104,35,25 (3) (a) In this subsection, “owner” means a person who owns a fee simple or life estate interest in land or who is a land contract vendee.

SB1104,36,5 (b) At least 30 days before first using an easement for a purpose under sub. (2) (a), an electric provider shall make a reasonable attempt to mail a notice to the owner of the property subject to the easement, as determined from records of the office of the register of deeds of the county in which the property subject to the easement is located, by mailing a notice to at least one of the following:

SB1104,36,7 1. The last-known address for the owner of the property subject to the easement.

SB1104,36,9 2. The address listed with the county real property lister for the owner of the property subject to the easement.

SB1104,36,12 3. The registered agent office or principal office listed in the records of the department of financial institutions for the owner of the property subject to the easement.

SB1104,36,15 (c) If an electric provider is unable to identify an address to mail a notice under par. (b), the electric provider shall publish a class 1 notice under ch. 985 at least 30 days before first using an easement for a purpose under sub. (2) (a).

SB1104,36,17 (d) An electric provider shall include all of the following in a notice under par. (b) or (c):

SB1104,36,20 1. An identification of the property subject to the easement, which may be made by reference to the property address, by reference to the tax parcel number of the property, by map, or by legal description.

SB1104,36,22 2. A statement that the electric provider intends to install broadband infrastructure or use existing infrastructure to make broadband service available.

SB1104,36,24 3. An estimate of when the electric provider intends to install or begin using infrastructure under subd. 2.

SB1104,36,25 4. A reference to this section.

SB1104,37,3 5. A statement explaining that the electric provider may record a memorandum stating that the electric provider may use the easement for a purpose under sub. (2) (a).

SB1104,37,6 6. A notice that the owner of the property subject to the easement may not bring an action against the electric provider for using an easement for a purpose under sub. (2) (a) after one year after the date of receiving the notice.

SB1104,37,10 (4) Beginning 30 days after providing notice under sub. (3), an electric provider may record a memorandum in the office of the register of deeds for a county in which property subject to an easement used for a purpose under sub. (2) (a) is located. The electric provider shall include all of the following in the memorandum:

SB1104,37,11 (a) One of the following:

SB1104,37,12 1. If the easement is recorded, recording information for the easement.

SB1104,37,14 2. If the easement is unrecorded or a prescriptive easement under s. 893.28 (2), the legal description of the parcel subject to the easement.