LEGISLATIVE BULLETIN

June 5, 2017          No. 22

2017-18, No. 22
June 5, 2017

In this Issue:


Dark Store and Walgreens Reversal Bills Introduced

Update on Personal Property Tax Repeal

Small Cell Wireless Bill on Fast Track

In the News

Recently Introduced Legislation

Public Hearings
League of Wisconsin Municipalities
 
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Dark Store and Walgreens Reversal Bills Introduced  

Last week, the Walgreens reversal and dark store bills, which the League has been working on for over two years, were formally introduced as SB 291 and SB 292, respectively. The Walgreens reversal bill, SB 291, has 54 co-sponsors. The dark store bill, SB 292, has 61 co-sponsors. Both bills have been referred to the Senate Committee on Revenue, Financial Institutions and Rural Issues. Both the chair and vice chair of this committee are co-sponsors of the bill.

The Assembly companion bills will be introduced later this week.  

Public hearings on the bills have not yet been scheduled. We will be sure to inform you as soon as they are.

Take action - If you haven't already, send an email to your legislators expressing support for these bills: http://www.lwm-info.org/811/Take-Action
Update on Personal Property Tax Repeal Efforts  

Last week, the Assembly Committee on Ways and Means held a public hearing on AB 277, the bill repealing the personal property tax and creating a state aid program to reimburse municipalities for the lost revenue. Two weeks ago the  Senate Committee on Revenue, Financial Institutions and Rural Issues  held a public hearing on  SB 218 , the Senate companion to AB 277. 

League and Wisconsin Counties Association staff testified at the hearing for information purposes only. In our testimony we expressed appreciation to the authors for including a state aid reimbursement program. But we also stressed our concerns about the bill, including that there will be no growth in the annual payments over time; repeal will have a negative impact on TIF districts; and our concerns over the state's long term commitment to funding the hold harmless payments.

Read the League's and Counties Association's memo here.

Personal Property Tax Budget Amendment being Pursued.  The League has learned that the authors of SB 218/AB 277 have requested the Joint Committee on Finance to pass a budget amendment that phases in repeal of the personal property tax over a three year period.  The requested budget amendment mirrors AB 277/SB 218 except that it phases in the full exemption, by category of property, over time to spread out the financial impact on the state.    

Read the proposed personal property tax phase in budget amendment here.
Small Cell Wireless Bill on Fast Track in the Assembly

Last week, the Assembly Committee on Energy and Utilities held a public hearing on AB 348, creating a statewide uniform regulatory framework for the deployment of small cell wireless facilities in the right- of-way for 5G service. The bill also includes language sought by the League authorizing municipalities to impose setback requirements on the placement of traditional cell towers on residential lots or lots adjacent to residential lots zoned exclusively for single family residential use. 

The League testified at the hearing for information purposes only. In our testimony, we expressed appreciation to the author, Rep. Kuglitsch (R-New Berlin), and the proponents of the bill, for meeting with us in advance of its introduction and seeking our feedback. We also expressed appreciation that the bill was not added to the state budget without any chance for comment or the opportunity to seek changes. At the same time, we expressed ongoing concerns about several aspects of the bill.  Read our testimony here.

The City of Milwaukee testified against the bill and offered several important suggestions for making improvements. 

The League has been negotiating with AT&T and Rep. Kuglitsch on various aspects of the bill. Some of the changes to the bill that we have successfully negotiated include:

--Increasing the maximum rate that a municipality may charge a wireless provider for locating a small cell antenna on a municipally owned pole from $20 to $100 annually.

--Clarifying that municipalities may disallow small cells in the right of way if necessary to protect the public's health and safety.

--Allowing municipalities to prohibit constructing and operating utility poles and wireless facilities in the right of way in areas designated as historic districts and in areas where other utility facilities are required to be placed underground.

--Ensuring that the legislation does not overturn existing contracts municipalities have entered into with wireless providers establishing higher pole rental rates than allowed under the bill.  

Committee Vote Tomorrow:  The Assembly Committee on Energy and Utilities is scheduled to vote on a substitute amendment to AB 348 tomorrow at 10:30 a.m.


Senate Lead.  The Senate lead on the bill is Sen. LeMahieu (R-Oostburg).  The Senator's staff has told us that the bill will not move as fast in the Senate. Therefore, there may be opportunities to make additional changes to the bill in the Senate.
In the News

GOP wants to cut personal property tax in state budget, but steep price tag looms
" I still don't know where they'll get the money, but I know there's a strong, strong desire by the core members of both houses that want this to get accomplished," said Curt Witynski, League Assistant Director and lobbyist.  

Under the bill the state would replace the $261 million in lost revenue with general fund tax dollars, similar to what it has done with an exemption on computers adopted more than a decade ago.
Read the article...

Recently Introduced Legislation  

AB 348 , C reating a statewide uniform regulatory framework for the deployment of small cell wireless facilities in the right-of-way and authorizing municipalities to impose setback requirements on the placement of cell towers in single family lots . By Rep. Kuglitsch (R-New Berlin).  The League is taking a neutral position on this bill in exchange for the author agreeing to make changes we sought.  Comment to the League on this bill.   

AB 351/SB 279, Police Body Cameras. Creates requirements for law enforcement agencies that use body cameras on law enforcement officers, including requirements for agency policies and training and for the retention and confidentiality of data recorded by the body cameras. The bill also provides that if a public authority has custody of data from a body camera used by a law enforcement agency, that authority is not considered to be the custodian of that data. For purposes of requests for access to such data, the bill provides that the law enforcement agency is considered to be the custodian of that data and the bill directs any other authority that has custody of any such data to deny access to that data. By Rep. Kremer (R-Kewaskum) and Sen. Testin (R-Stevens Point). The League has not yet taken a position on this bill.  Comment to the League on this bill.

AB 356, Requiring first responders, emergency medical technicians, and ambulance service providers to renew their certifications or licenses every three years instead of two. By Rep. Kremer (R-Kewaskum). The League has not yet taken a position on this bill.    Comment to the League on this bill.

AB 361, Requiring that local wheel taxes be approved by referendum.  By Rep. Schraa (R-Oshkosh). The League opposes this bill. Comment to the League on this bill.  

AB 368, Exempting amounts levied by a local government for public safety purposes from levy limits. By Rep. Zepnick (D-Milwaukee) The League supports this bill. Comment to the League on this bill.

SB 284, Creative economy development initiative grants. Creates a grant program administered by the Arts Board in the Department of Tourism. The bill requires the Arts Board to award grants on a competitive basis to businesses, whether operated for profit or not for profit, local governments, and business development organizations or associations that work to promote any of the following in Wisconsin: 1. Individuals or organizations whose products or services have an origin in artistic, cultural, creative, or aesthetic content. 2. Job creation. 3. Economic development. 4. Arts education. 5. Workforce training and development. Under the bill, such a grant may not exceed $40,000.  By Sen. Harsdorf (R-River Falls). The League supports this bill. Comment to the League about this bill

SB 291, Reversing Walgreens v. City of Madison by clarifying that  for property tax purposes, real property includes any leases, rights, and privileges pertaining to the property, including assets that cannot be taxed separately as real property, but are inextricably intertwined with the real property. By Sen. Stroebel (R-Saukville). The League supports this bill.   Comment to the League about this bill.   

SB 292, The Dark Store bill, which clarifies that for property tax assessment purposes, property is not comparable to the property being assessed if the seller has placed restrictions on the highest and best use of the property or if the property is dark property and the property being assessed is not dark property. By Sen. Roth (R-Appleton). The League supports this bill. Comment to the League about this bill.
Public Hearings  

SB 238, Funding for first responder and 
emergency medical technician training and certification.
 By Senate  Committee on Revenue, Financial Institutions and Rural Issues on Wednesday, June 7, at 9:00 a.m. in room 330 Southwest, State Capitol. The League supports this bill.   

SB 239 , Allows a rural ambulance service provider to upgrade its service level to the highest level of license of any emergency medical technician staffing that ambulance if the medical director approves.   By Senate  Committee on Revenue, Financial Institutions, and Rural Issues on Wednesday, May 7, at 9:00 a.m. in room 330 Southwest, State Capitol. The League is neutral on this bill.