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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-SA1,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB344-SA1,1,5 31. Page 1, line 3: after “service" insert “and installation of empty conduit lines
4as part of a digging project in a right-of-way and offers of service from fiber optic
5cable broadband lines installed in rights-of-way".
AB344-SA1,1,6 62. Page 1, line 4: before that line insert:
AB344-SA1,1,7 7 Section 1e. 66.0422 (2) (intro.) of the statutes is amended to read:
AB344-SA1,1,128 66.0422 (2) (intro.) Except as otherwise provided in subs. (3), (3d), (3m), and
9(3n)
this section, no local government may enact an ordinance or adopt a resolution
10authorizing the local government to construct, own, or operate any facility for
11providing video service, telecommunications service, or broadband service, directly
12or indirectly, to the public, unless all of the following are satisfied:
AB344-SA1,1g 13Section 1g. 66.0422 (3b) of the statutes is created to read:
AB344-SA1,2,2
166.0422 (3b) Subsection (2) does not apply to conduit lines that a local
2government requires to be installed under s. 66.0912 (2).
AB344-SA1,1j 3Section 1j. 66.0912 of the statutes is created to read:
AB344-SA1,2,5 466.0912 Installation of conduit in right-of-way. (1) Definitions. In this
5section:
AB344-SA1,2,66 (a) “Political subdivision” means any city, village, town, or county.
AB344-SA1,2,107 (b) “Right-of-way” means the area on, below, or above a highway, as defined
8in s. 340.01 (22), other than a highway that is part of the national system of interstate
9highways; sidewalk; utility easement; or other similar property, including property
10owned or controlled by the department of transportation.
AB344-SA1,2,1211 (c) “Special work” means construction or maintenance of a sidewalk project or
12highway project on a state trunk highway.
AB344-SA1,2,18 13(2) Requirements for the installation of conduit. If any person conducts any
14special work in a political subdivision's right-of-way that results in the person
15digging in the right-of-way, the political subdivision may require the person to
16install empty conduit lines in any part of the right-of-way in which the person is
17digging. The empty conduit lines must be suitable for the installation of fiber optic
18broadband lines.”.
AB344-SA1,2,19 193. Page 2, line 25: after that line insert:
AB344-SA1,2,20 20 Section 2g. 84.01 (38) of the statutes is created to read:
AB344-SA1,3,221 84.01 (38) Conduit line installation. If a person conducts construction or
22maintenance work on a state trunk highway that results in the person digging in the
23right-of-way of the state trunk highway, the department may require the person to
24install empty conduit lines in any part of the right-of-way in which the person is

1digging. The empty conduit lines must be suitable for the installation of fiber optic
2broadband lines.
AB344-SA1,2m 3Section 2m. 196.5047 of the statutes is created to read:
AB344-SA1,3,6 4196.5047 Fiber optic cable broadband lines in rights-of-way. (1) In this
5section, “right-of-way” means a right-of-way, as defined in s. 66.0912 (1) (b), of the
6state or a city, village, town, or county.
AB344-SA1,3,10 7(2) An Internet service provider that has installed a fiber optic cable broadband
8line in a right-of-way shall, upon the request of an owner of a structure that is 300
9feet or fewer from the center line of the right-of-way, offer to provide to the structure
10the service that is provided over the line.”.
AB344-SA1,3,12 114. Page 3, line 2: delete “This act" and substitute “The treatment of ss. 76.80
12(2), (2m), and (5) and 76.81".
AB344-SA1,3,13 135. Page 3, line 4: after that line insert:
AB344-SA1,3,16 14(2e) The treatment of ss. 66.0422 (2) (intro.) and (3b), 66.0912, and 84.01 (38)
15first applies to a project that involves digging in a right-of-way that begins on the
16effective date of this subsection.”.
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