SB1104: Bill Text

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.

SB1104,37,15 (b) A reference to this section.

SB1104,37,17 (c) A statement that the electric provider may use the easement for a purpose under sub. (2) (a).

SB1104,37,20 (d) A statement that terms or conditions of the easement that inhibit the electric provider from using the easement for a purpose under sub. (2) (a) do not apply.

SB1104,37,23 (5) (a) In this subsection, “owner” means an owner of or other person holding an interest in real property subject to an easement used for a purpose under sub. (2) (a).

SB1104,38,4 (b) 1. If an owner provides an electric provider, a subsidiary of an electric provider, or a supplier of broadband services with an appraisal performed by an appraiser licensed under ch. 458 comparing the fair market value of the owner's real property interest immediately before and after an easement on the property is used for a purpose under sub. (2) (a), the electric provider, subsidiary, or supplier of broadband services shall do one of the following within 30 days:

SB1104,38,6 a. Pay the owner the amount of damages identified in the appraisal provided by the owner.

SB1104,38,14 b. Notify the owner that it disputes the appraisal. If an electric provider, subsidiary, or supplier of broadband services disputes the appraisal provided by the owner under this subd. 1. b., the electric provider, subsidiary, or supplier of broadband services shall within 90 days provide the owner with an appraisal performed by an appraiser licensed under ch. 458 comparing the fair market value of the owner's real property interest immediately before and after an easement on the property is used for a purpose under sub. (2) (a). The owner shall make reasonable accommodations for performance of the appraisal under this subd. 1. b.

SB1104,38,21 2. If an owner who receives an appraisal under subd. 1. b. from an electric provider, subsidiary, or supplier of broadband services provides to the electric provider, subsidiary, or supplier of broadband services written notice accepting the appraisal or does not bring an action under par. (d) within 30 days of receiving the appraisal, the electric provider, subsidiary, or supplier of broadband services shall promptly remit payment to the owner for the difference in the fair market value of the owner's real property interest identified in the appraisal.

SB1104,38,25 (c) An owner may not bring an action against an electric provider, a subsidiary of an electric provider, or a supplier of broadband services for damages from a decrease in the value of the owner's interest in real property due to the use of an easement for a purpose under sub. (2) (a) except as provided under this subsection.

SB1104,39,5 (d) An owner may bring an action under this subsection against an electric provider, a subsidiary of an electric provider, or a supplier of broadband services for damages from a decrease in the value of the owner's interest in real property due to the use of an easement for a purpose under sub. (2) (a) only if all of the following apply:

SB1104,39,10 1. The owner provides an appraisal under par. (b) 1. to the electric provider, subsidiary, or supplier of broadband services within one year after the date that the owner receives notice under sub. (3) or, if the owner receives no notice under sub. (3), within one year after the date that a memorandum referring to an easement that applies to the property is recorded under sub. (4).

SB1104,39,13 2. The owner brings the action within 30 days after receiving an appraisal from the electric provider, subsidiary, or supplier of broadband services under par. (b) 1. b.

SB1104,39,21 (e) The maximum recovery under this subsection may not exceed the difference between the fair market value of the owner's real property interest immediately before an easement on the property is used for a purpose under sub. (2) (a) and the fair market value of the owner's real property interest immediately after an easement on the property is used for a purpose under sub. (2) (a). Evidence of revenues, profits, or fees received by an electric provider, a subsidiary of an electric provider, or a supplier of broadband services shall not be admissible as evidence in any proceeding or action under this subsection.

SB1104,69 Section 69. 196.218 (5) (a) 10. of the statutes is amended to read:

SB1104,39,24 196.218 (5) (a) 10. To make broadband expansion grants and administer the program under s. 196.504 (2).

SB1104,70 Section 70. 196.504 (1) (ac) 4. of the statutes is created to read:

SB1104,40,2 196.504 (1) (ac) 4. A political subdivision that is underserved or that is located in an unserved area.

SB1104,71 Section 71. 196.504 (2) (a) of the statutes, as affected by 2021 Wisconsin Act 58, is amended to read:

SB1104,40,9 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section subsection shall be paid from the appropriations under ss. 20.155 (3) (a), (r), and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z) 5.