Amendment ASA1-AB40

AB40-ASA1,672,4 (3) Collocation on existing support structures. (a) 1. A class 2 collocation is a permitted use under ss. 59.69, 60.61, and 62.23.

AB40-ASA1,672,8 2. If a political subdivision has in effect on the effective date of this subdivision .... [LRB inserts date], an ordinance that applies to a class 2 collocation and the ordinance is inconsistent with this section, the ordinance does not apply to, and may not be enforced against, the class 2 collocation.

AB40-ASA1,672,10 3. A political subdivision may regulate a class 2 collocation only as provided in this section.

AB40-ASA1,672,13 4. A class 2 collocation is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.

AB40-ASA1,672,21 (b) If an applicant submits to a political subdivision an application for a permit to engage in a class 2 collocation, the application shall contain all of the information required under sub. (2) (b) 1. to 3., in which case the political subdivision shall consider the application complete. If any of the required information is not in the application, the political subdivision shall notify the applicant in writing, within 5 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

AB40-ASA1,672,25 (c) Within 45 days of its receipt of a complete application, a political subdivision shall complete all of the following or the applicant may consider the application approved, except that the applicant and the political subdivision may agree in writing to an extension of the 45 day period:

AB40-ASA1,673,1 1. Make a final decision whether to approve or disapprove the application.

AB40-ASA1,673,2 2. Notify the applicant, in writing, of its final decision.

AB40-ASA1,673,3 3. If the application is approved, issue the applicant the relevant permit.

AB40-ASA1,673,5 4. If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.

AB40-ASA1,673,8 (d) A party who is aggrieved by the final decision of a political subdivision under par. (c) 1. may bring an action in the circuit court of the county in which the proposed activity, which is the subject of the application, is to be located.

AB40-ASA1,673,10 (4) Limitations. With regard to an activity described in sub. (2) (a) or a class 2 collocation, a political subdivision may not do any of the following:

AB40-ASA1,673,13 (a) Impose environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequency emissions, on mobile service facilities or mobile radio service providers.

AB40-ASA1,673,15 (b) Enact an ordinance imposing a moratorium on the permitting, construction, or approval of any such activities.

AB40-ASA1,673,17 (c) Enact an ordinance prohibiting the placement of a mobile service support structure in particular locations within the political subdivision.

AB40-ASA1,673,19 (d) Charge a mobile radio service provider a fee in excess of one of the following amounts:

AB40-ASA1,673,22 1. For a permit for a class 2 collocation, the lesser of $500 or the amount charged by a political subdivision for a building permit for any other type of commercial development or land use development.

AB40-ASA1,673,23 2. For a permit for an activity described in sub. (2) (a), $3,000.

AB40-ASA1,673,25 (e) Charge a mobile radio service provider any recurring fee for an activity described in sub. (2) (a) or a class 2 collocation.

AB40-ASA1,674,2 (f) Permit 3rd party consultants to charge the applicant for any travel expenses incurred in the consultant's review of mobile service permits or applications.

AB40-ASA1,674,4 (g) Disapprove an application to conduct an activity described under sub. (2) (a) based solely on aesthetic concerns.

AB40-ASA1,674,6 (gm) Disapprove an application to conduct a class 2 collocation on aesthetic concerns.

AB40-ASA1,674,8 (h) Enact or enforce an ordinance related to radio frequency signal strength or the adequacy of mobile service quality.

AB40-ASA1,674,13 (i) Impose a surety requirement, unless the requirement is competitively neutral, nondiscriminatory, and commensurate with the historical record for surety requirements for other facilities and structures in the political subdivision which fall into disuse. There is a rebuttable presumption that a surety requirement of $20,000 or less complies with this paragraph.

AB40-ASA1,674,14 (j) Prohibit the placement of emergency power systems.

AB40-ASA1,674,16 (k) Require that a mobile service support structure be placed on property owned by the political subdivision.

AB40-ASA1,674,18 (L) Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting.

AB40-ASA1,674,22 (m) Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure for the use of or by the political subdivision at less than the market rate, or to provide the political subdivision other services via the structure or facilities at less than the market rate.

AB40-ASA1,674,23 (n) Limit the duration of any permit that is granted.

AB40-ASA1,675,3 (o) Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in collocation.

AB40-ASA1,675,5 (p) Disapprove an application based on an assessment by the political subdivision of the suitability of other locations for conducting the activity.

AB40-ASA1,675,7 (q) Require that a mobile service support structure, existing structure, or mobile service facilities have or be connected to backup battery power.

AB40-ASA1,675,10 (r) Impose a setback or fall zone requirement for a mobile service support structure that is different from a requirement that is imposed on other types of commercial structures.

AB40-ASA1,675,12 (s) Consider an activity a substantial modification under sub. (1) (s) 1. or 2. if a greater height is necessary to avoid interference with an existing antenna.

AB40-ASA1,675,15 (t) Consider an activity a substantial modification under sub. (1) (s) 3. if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable.

AB40-ASA1,675,16 (u) Limit the height of a mobile service support structure to under 200 feet.

AB40-ASA1,675,19 (v) Condition the approval of an application on, or otherwise require, the applicant's agreement to indemnify or insure the political subdivision in connection with the political subdivision's exercise of its authority to approve the application.

AB40-ASA1,675,24 (w) Condition the approval of an application on, or otherwise require, the applicant's agreement to permit the political subdivision to place at or collocate with the applicant's support structure any mobile service facilities provided or operated by, whether in whole or in part, a political subdivision or an entity in which a political subdivision has a governance, competitive, economic, financial or other interest.

AB40-ASA1,676,5 (5) Applicability. If a county enacts an ordinance as described under sub. (2) the ordinance applies only in the unincorporated parts of the county, except that if a town enacts an ordinance as described under sub. (2) after a county has so acted, the county ordinance does not apply, and may not be enforced, in the town, except that if the town later repeals its ordinance, the county ordinance applies in that town.

AB40-ASA1,1269k Section 1269k. 66.0406 of the statutes is created to read:

AB40-ASA1,676,8 66.0406 Radio broadcast service facility regulations. (1) Definitions. In this section:

AB40-ASA1,676,9 (a) "Political subdivision" means any city, village, town, or county.

AB40-ASA1,676,13 (b) "Radio broadcast services" means the regular provision of a commercial or noncommercial service involving the transmission, emission, or reception of radio waves for the transmission of sound or images in which the transmissions are intended for direct reception by the general public.

AB40-ASA1,676,16 (c) "Radio broadcast service facilities" means commercial or noncommercial facilities, including antennas and antenna support structures, intended for the provision of radio broadcast services.

AB40-ASA1,676,21 (2) Limitations on local regulation. Beginning on May 1, 2013, if a political subdivision enacts an ordinance, adopts a resolution, or takes any other action that affects the placement, construction, or modification of radio broadcast service facilities, the ordinance, resolution, or other action may not take effect unless all of the following apply:

AB40-ASA1,676,24 (a) The ordinance, resolution, or other action has a reasonable and clearly defined public health or safety objective, and reflects the minimum practical regulation that is necessary to accomplish that objective.

AB40-ASA1,677,3 (b) The ordinance, resolution, or other action reasonably accommodates radio broadcast services and does not prohibit, or have the effect of prohibiting, the provision of such services in the political subdivision.

AB40-ASA1,677,9 (3) Continued application of existing regulations. If a political subdivision has in effect on May 1, 2013, an ordinance or resolution that is inconsistent with the requirements that are specified in sub. (2) for an ordinance, resolution, or other action to take effect, the existing ordinance or resolution does not apply, and may not be enforced, to the extent that it is inconsistent with the requirements that are specified in sub. (2).

AB40-ASA1,677,16 (4) Denial of placement, construction, or modification of facilities. If a political subdivision denies a request by any person to place, construct, or modify radio broadcast service facilities in the political subdivision, the denial may be based only on the political subdivision's public health or safety concerns. The political subdivision must provide the requester with a written denial of the requester's request, and the political subdivision must provide the requester with substantial written evidence which supports the reasons for the the political subdivision's action.

AB40-ASA1,1269m Section 1269m. 66.0418 of the statutes is created to read:

AB40-ASA1,677,19 66.0418 Prohibition of local regulation of certain foods, beverages. (1) In this section "political subdivision" means a city, village, town, or county.

AB40-ASA1,677,23 (2) (a) No political subdivision may enact an ordinance or adopt a resolution that prohibits or restricts the sale of food or nonalcoholic beverages based on the number of calories, portion size, or other nutritional criteria of the food or nonalcoholic beverage.

AB40-ASA1,678,3 (b) If a political subdivision has enacted an ordinance or adopted a resolution before the effective date of this paragraph .... [LRB inserts date], that is inconsistent with par. (a), the ordinance or resolution does not apply and may not be enforced.

AB40-ASA1,1270 Section 1270. 66.0502 of the statutes is created to read:

AB40-ASA1,678,7 66.0502 Employee residency requirements prohibited. (1) The legislature finds that public employee residency requirements are a matter of statewide concern.

AB40-ASA1,678,9 (2) In this section, "local governmental unit" means any city, village, town, county, or school district.

AB40-ASA1,678,12 (3) (a) Except as provided in sub. (4), no local governmental unit may require, as a condition of employment, that any employee or prospective employee reside within any jurisdictional limit.

AB40-ASA1,678,15 (b) If a local governmental unit has a residency requirement that is in effect on the effective date of this paragraph .... [LRB inserts date], the residency requirement does not apply and may not be enforced.

AB40-ASA1,678,18 (4) (a) This section does not affect any statute that requires residency within the jurisdictional limits of any local governmental unit or any provision of law that requires residency in this state.

AB40-ASA1,678,22 (b) Subject to par. (c), a local governmental unit may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the local governmental unit.

AB40-ASA1,679,2 (c) If the local governmental unit is a county, the county may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the city, village, or town to which the personnel are assigned.

AB40-ASA1,1271m Section 1271m. 66.0602 (2m) of the statutes is renumbered 66.0602 (2m) (a) and amended to read:

AB40-ASA1,679,13 66.0602 (2m) (a) If a political subdivision's levy for the payment of any general obligation debt service, including debt service on debt issued or reissued to fund or refund outstanding obligations of the political subdivision and interest on outstanding obligations of the political subdivision, on debt originally issued before July 1, 2005, is less in the current year than it was in the previous year, the political subdivision shall reduce its levy limit in the current year by an amount equal to the amount that its levy was reduced as described in this subsection. This subsection does not apply to any a political subdivision that in any year in which the political subdivision does not increase its levy increase limit as allowed under sub. (3) (f) 1.

AB40-ASA1,1271p Section 1271p. 66.0602 (2m) (b) of the statutes is created to read:

AB40-ASA1,679,17 66.0602 (2m) (b) 1. In this paragraph, "covered service" means garbage collection, fire protection, snow plowing, street sweeping, or storm water management.

AB40-ASA1,679,23 2. Except as provided in subd. 4., if a political subdivision receives revenues that are designated to pay for a covered service that was funded in 2013 by the levy of the political subdivision, the political subdivision shall reduce its levy limit in the current year by an amount equal to the estimated amount of fee revenue collected for providing the covered service, less any previous reductions made under this subdivision.

AB40-ASA1,680,4 3. Except as provided in subd. 4, if a political subdivision receives payments in lieu of taxes that are designated to pay for a covered service that was funded in 2013 by the levy of the political subdivision, the political subdivision shall reduce its levy limit in the current year by the estimated amount of payments in lieu of taxes received by the political subdivision to pay for the covered service, less any previous reductions made under this subdivision.

AB40-ASA1,680,11 4. The requirement under subd. 2. or 3. does not apply if the governing body of the political subdivision adopts a resolution that the levy limit should not be reduced and if the resolution is approved in a referendum. The procedure under sub. (4) applies to a referendum under this subdivision, except that the resolution and referendum question need not specify an amount of increase in the levy limit or the length of time for which the levy limit increase will apply and the referendum question need not follow the question format under sub. (4) (c).

AB40-ASA1,1272 Section 1272. 66.0602 (3) (f) 1. of the statutes is amended to read:

AB40-ASA1,680,19 66.0602 (3) (f) 1. Subject to subd. 3., if a political subdivision's allowable levy under this section in 2010 the prior year was greater than its actual levy in 2010 that year, the levy increase limit otherwise applicable under this section to the political subdivision in 2011 the next succeeding year is increased by the difference between these 2 amounts the prior year's allowable levy and the prior year's actual levy, as determined by the department of revenue, up to a maximum increase of 0.5 1.5 percent of the actual levy in 2010 that prior year.

AB40-ASA1,1273 Section 1273. 66.0602 (3) (f) 2. of the statutes is repealed.

AB40-ASA1,1274 Section 1274. 66.0602 (3) (f) 3. (intro.) of the statutes is amended to read:

AB40-ASA1,680,24 66.0602 (3) (f) 3. (intro.) The adjustment described in subds. subd. 1. and 2. may occur only if the political subdivision's governing body approves of the adjustment by one of the following methods:

AB40-ASA1,1274c Section 1274c. 66.0602 (3) (f) 3. a. of the statutes is amended to read:

AB40-ASA1,681,4 66.0602 (3) (f) 3. a. With regard to a city, village, or county, if the governing body consists of at least 5 members, by a majority vote of the governing body if the increase is 0.5 percent or less and by a three-quarters majority vote of the governing body if the increase is more than 0.5 percent, up to a maximum increase of 1.5 percent.

AB40-ASA1,1274d Section 1274d. 66.0602 (3) (f) 3. b. of the statutes is amended to read:

AB40-ASA1,681,9 66.0602 (3) (f) 3. b. With regard to a city, village, or county, if the governing body consists of fewer than 5 members, by a majority vote of the governing body if the increase is 0.5 percent or less and by a two-thirds majority vote of the governing body if the increase is more than 0.5 percent, up to a maximum increase of 1.5 percent.

AB40-ASA1,1274e Section 1274e. 66.0602 (3) (f) 3. c. of the statutes is amended to read:

AB40-ASA1,681,15 66.0602 (3) (f) 3. c. With a regard to a town, by a majority vote of the annual town meeting, or a special town meeting, if the town board has adopted a resolution approving of the adjustment by a majority vote of the town board if the increase is 0.5 percent or less and by a two-thirds majority vote of the town board if the increase is more than 0.5 percent, up to a maximum increase of 1.5 percent.

AB40-ASA1,1275 Section 1275. 66.0602 (3) (f) 4. of the statutes is repealed.

AB40-ASA1,1275e Section 1275e. 66.0602 (5) of the statutes is amended to read:

AB40-ASA1,682,2 66.0602 (5) Exception, certain towns. A town with a population of less than 2,000 3,000 may exceed the levy increase limit otherwise applicable under this section to the town if the town board adopts a resolution supporting an increase and places the question on the agenda of an annual town meeting or a special town meeting and if the annual or special town meeting adopts a resolution endorsing the town board's resolution. The limit otherwise applicable to the town under this section is increased in the next fiscal year by the percentage approved by a majority of those voting on the question. Within 14 days after the adoption of the resolution, the town clerk shall certify the results of the vote to the department of revenue.

AB40-ASA1,1276 Section 1276. 66.0615 (1m) (a) of the statutes is amended to read:

AB40-ASA1,682,18 66.0615 (1m) (a) The governing body of a municipality may enact an ordinance, and a district, under par. (e), may adopt a resolution, imposing a tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients by hotelkeepers, motel operators and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations. A tax imposed under this paragraph is not subject to the selective sales tax imposed by s. 77.52 (2) (a) 1. and may be collected from the consumer or user, but may not be imposed on sales to the federal government and persons listed under s. 77.54 (9a). A tax imposed under this paragraph by a municipality shall be paid to the municipality and may be forwarded to a commission if one is created under par. (c), as provided in par. (d). Except as provided in par. (am), a tax imposed under this paragraph by a municipality may not exceed 8%. Except as provided in par. (am), if a tax greater than 8% under this paragraph is in effect on May 13, 1994, the municipality imposing the tax shall reduce the tax to 8%, effective on June 1, 1994.

AB40-ASA1,1277 Section 1277. 66.0615 (1m) (f) 2. of the statutes is amended to read:

AB40-ASA1,682,23 66.0615 (1m) (f) 2. Sections 77.51 (12m), (14), (14g), (15a), and (15b), 77.52 (3), (13), (14), (18), and (19), 77.522, 77.58 (1) to (5), (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (8), (9), and (12) to (15), and (19m), and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the tax described under subd. 1.

AB40-ASA1,1277e Section 1277e. 66.0628 (1) of the statutes is renumbered 66.0628 (1) (intro.) and amended to read:

AB40-ASA1,683,2 66.0628 (1) (intro.) In this section, "political subdivision" means a city, village, town, or county.:

AB40-ASA1,1277ec Section 1277ec. 66.0628 (1) (a) of the statutes is created to read: