Amendment ASA2-AB43

AB43-ASA2,357,13 (12) Prorating. (a) Except as provided in par. (d), the department shall prorate available funds under this subsection if funds are not sufficient to fully fund all applications. A prorated payment shall be deemed full payment of the grant.

AB43-ASA2,357,17 (b) Except as provided in par. (d), if funds are sufficient to fully fund all category 1 but not all category 2 failing private on-site wastewater treatment systems, the department shall fully fund all category 1 systems and prorate the funds for category 2 systems on a proportional basis.

AB43-ASA2,357,21 (c) Except as provided in par. (d), if funds are not sufficient to fully fund all category 1 failing private on-site wastewater treatment systems, the department shall fund the category 1 systems on a proportional basis and deny the grant applications for all category 2 systems.

AB43-ASA2,357,24 (d) The department is not required to prorate available funds for grants for the installation and monitoring of experimental private on-site wastewater treatment systems.

AB43-ASA2,358,4 (13) Determination of eligibility; disbursement of grants. (a) The department shall review applications for participation in the state program submitted under sub. (7). The department shall determine if a governmental unit submitting an application meets the conditions specified under sub. (8).

AB43-ASA2,358,6 (b) The department shall promulgate rules which shall define payment mechanisms to be used to disburse grants to a governmental unit.

AB43-ASA2,358,11 (14) Inspection. Agents of the department or the governmental unit may enter premises where private on-site wastewater treatment systems are located pursuant to a special inspection warrant as required under s. 66.0119 to collect samples, records, and information and to ascertain compliance with the rules and orders of the department or the governmental unit.

AB43-ASA2,358,14 (15) Enforcement. (a) If the department has reason to believe that a violation of this section or any rule promulgated under this section has occurred, it may do any of the following:

AB43-ASA2,358,24 1. Cause written notice to be served upon the alleged violator. The notice shall specify the alleged violation and contain the findings of fact on which the charge of violation is based and may include an order that necessary corrective action be taken within a reasonable time. This order shall become effective unless, no later than 30 days after the date the notice and order are served, the person named in the notice and order requests in writing a hearing before the department. Upon this request and after due notice, the department shall hold a hearing. Instead of an order, the department may require that the alleged violator appear before the department for a hearing at a time and place specified in the notice and answer the charges complained of.

AB43-ASA2,358,25 2. Initiate action under sub. (16).

AB43-ASA2,359,7 (b) If after the hearing the department finds that a violation has occurred, it shall affirm or modify its order previously issued or issue an appropriate order for the prevention, abatement, or control of the violation or for other corrective action. If the department finds that no violation has occurred, it shall rescind its order. Any order issued as part of a notice or after hearing may prescribe one or more dates by which necessary action shall be taken in preventing, abating, or controlling the violation.

AB43-ASA2,359,12 (c) Additional grants under this section to a governmental unit previously awarded a grant under this section may be suspended or terminated if the department finds that a private on-site wastewater treatment system previously funded in the governmental unit is not being or has not been properly rehabilitated, constructed, installed, or maintained.

AB43-ASA2,359,16 (16) Penalties. Any person who violates this section or a rule or order promulgated under this section shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed, or enjoined, this penalty does not accrue.

AB43-ASA2,415 Section 415. 145.246 of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed.

AB43-ASA2,416 Section 416. 146.616 (1) (a) of the statutes is amended to read:

AB43-ASA2,359,23 146.616 (1) (a) “Allied health professional" means any individual who is a health care provider other than a physician, registered nurse, dentist, pharmacist, chiropractor, or podiatrist and who provides diagnostic, technical, therapeutic, or direct patient care and support services to the patient.

AB43-ASA2,417 Section 417. 146.63 (5) of the statutes is amended to read:

AB43-ASA2,360,3 146.63 (5) Term of grants. The department may not distribute a grant under sub. (2) (a) for a term that is more than 5 years to a rural hospital or group of rural hospitals for a term that is more than 3 years.

AB43-ASA2,418 Section 418 . 146.69 of the statutes is created to read:

AB43-ASA2,360,7 146.69 Grants for the Surgical Collaborative of Wisconsin. The department shall award a grant in an amount of $150,000 per fiscal year to the Surgical Collaborative of Wisconsin.

AB43-ASA2,419 Section 419. 146.69 of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed.

AB43-ASA2,420 Section 420 . 165.85 (5y) of the statutes is created to read:

AB43-ASA2,360,13 165.85 (5y) Law enforcement training fund. The moneys credited to the appropriation accounts under s. 20.455 (2) (ja) and (q) constitute the law enforcement training fund.

AB43-ASA2,421 Section 421. 165.937 of the statutes is created to read:

AB43-ASA2,360,17 165.937 Grants for protection of elders. (1) The department of justice shall award grants from the appropriation under s. 20.455 (2) (fw) to organizations that promote the protection of elders.

AB43-ASA2,360,20 (2) The department of justice shall provide funds from the appropriation under s. 20.455 (2) (fw) to support a statewide elder abuse hotline for persons to anonymously provide tips regarding suspected elder abuse.

AB43-ASA2,422 Section 422. 165.95 (2) of the statutes is amended to read:

AB43-ASA2,361,4 165.95 (2) The department of justice shall make grants to counties and to tribes to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The department of justice shall make the grants from the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department of justice shall collaborate with the department of corrections and the department of health services in establishing this grant program.

AB43-ASA2,423 Section 423 . 165.986 (7) of the statutes is repealed.

AB43-ASA2,424 Section 424 . 165.989 of the statutes is repealed.

AB43-ASA2,425 Section 425 . 196.025 (6) (title) of the statutes is amended to read:

AB43-ASA2,361,8 196.025 (6) (title) Police and fire protection 911 fee.

AB43-ASA2,426 Section 426 . 196.025 (6) (b) 1. of the statutes is amended to read:

AB43-ASA2,361,25 196.025 (6) (b) 1. Except as provided in subd. 2., a communications provider shall collect from each subscriber a monthly fee of $0.75 on each communications service connection with an assigned telephone number, including a communication service provided via a voice over Internet protocol connection. If a communications provider provides multiple communications service connections to a subscriber, the fee required to be collected by the communications provider under this subdivision shall be a separate fee on each of the first 10 connections and one additional fee for each 10 additional connections per billed account. A communications provider may list the fee separately from other charges on a subscriber's bill, and if a communications provider does so, the communications provider shall identify the fee as “police and fire protection 911 fee," or, if the communications provider combines the fee with a charge imposed under s. 256.35 (3), the communications provider shall identify the combined fee and charge as “charge for funding countywide 911 systems plus police and fire protection 911 fee." Any partial payment of a fee by a subscriber shall first be applied to any amount the subscriber owes the communications provider for communications service.

AB43-ASA2,427 Section 427. 196.025 (6) (b) 2. of the statutes is amended to read:

AB43-ASA2,362,9 196.025 (6) (b) 2. A communications provider that offers a prepaid wireless telecommunications plan, or a retailer that offers such a plan on behalf of a communications provider, shall collect from each subscriber or purchaser a fee equal to $0.38 on each retail transaction for such a plan that occurs in this state. A communications provider or retailer may state the amount of the fee separately on a bill for the retail transaction, and if a communications provider or retailer does so, the communications provider or retailer shall identify the fee as “ police and fire protection 911 fee."

AB43-ASA2,428 Section 428 . 196.025 (6) (c) 3. of the statutes is amended to read:

AB43-ASA2,362,12 196.025 (6) (c) 3. The commission and department shall deposit all fees remitted under subds. 1. and 2. into the police and fire protection 911 fund.

AB43-ASA2,429 Section 429. 196.218 (5) (a) 12. of the statutes is repealed.

AB43-ASA2,430 Section 430. 230.08 (2) (e) 8. of the statutes is repealed and recreated to read:

AB43-ASA2,362,15 230.08 (2) (e) 8. Natural resources — 9.

AB43-ASA2,431 Section 431 . 230.08 (2) (fr) of the statutes is created to read:

AB43-ASA2,362,17 230.08 (2) (fr) The director and staff of the legislative human resources office.

AB43-ASA2,432 Section 432. 234.18 (3) of the statutes is created to read:

AB43-ASA2,362,21 234.18 (3) On the effective date of this subsection .... [LRB inserts date], the amount specified in sub. (1), including the increase specified in sub. (2), is increased by $200,000,000.

AB43-ASA2,433 Section 433. 238.08 of the statutes is renumbered 238.08 (intro.) and amended to read:

AB43-ASA2,363,3 238.08 Records of the corporation. (intro.) All records of the corporation are open to the public as provided in s. 19.35 (1) except those records relating to pending the following:

AB43-ASA2,363,6 (1) Pending grants, loans, or economic development projects that, in the opinion of the corporation, must remain confidential to protect the competitive nature of the grant, loan, or project.

AB43-ASA2,434 Section 434. 238.08 (2) of the statutes is created to read:

AB43-ASA2,363,9 238.08 (2) Confidential tax information received from the department of revenue under s. 71.78.

AB43-ASA2,435 Section 435. 238.14 of the statutes is repealed.

AB43-ASA2,436 Section 436. 238.157 of the statutes is created to read:

AB43-ASA2,363,15 238.157 Vibrant spaces grant program; prohibition. The corporation is prohibited from expending any moneys from the appropriation under s. 20.192 (1) (a) or (r) for a vibrant spaces grant program as constituted under the corporation's policies and procedures on May 1, 2023, or any similar program.

AB43-ASA2,437 Section 437 . 238.40 of the statutes is created to read:

AB43-ASA2,363,17 238.40 Data centers. (1) Definitions. In this section:

AB43-ASA2,363,25 (a) “Eligible data center costs” means expenditures made after the effective date of this paragraph .... [LRB inserts date], for the development, acquisition, construction, renovation, expansion, replacement, or repair and the operation of a qualified data center in this state, including costs of tangible personal property and property under s. 77.52 (1) (c), as specified in s. 77.54 (70), land, buildings, site improvements, modular data centers, computer data center equipment acquisition and permitting, lease payments, site characterization and assessment, engineering, and design used at a qualified data center in this state.

AB43-ASA2,364,3 (b) “Qualified data center” means one or more buildings or an array of connected buildings owned, leased, or operated by the same business entity, as defined in s. 13.62 (5), or its affiliate and for which all of the following apply:

AB43-ASA2,364,7 1. The buildings are rehabilitated or constructed to house a group of networked server computers in one physical location or multiple locations in order to centralize the processing, storage, management, retrieval, communication, or dissemination of data and information.

AB43-ASA2,364,10 2. The buildings create a minimum qualified investment in this state of any of the following amounts within 5 years from the date on which the corporation certifies the data center as eligible to claim the exemption under s. 77.54 (70):

AB43-ASA2,364,12 a. For buildings located in a county having a population greater than 100,000, $150,000,000.

AB43-ASA2,364,14 b. For buildings located in a county having a population greater than 50,000 and not more than 100,000, $100,000,000.

AB43-ASA2,364,16 c. For buildings in a county having a population of not more than 50,000, $50,000,000.

AB43-ASA2,364,18 d. For buildings located in more than one county, the amount provided under subd. 2. a., b., or c. for the most populous county in which the buildings are located.

AB43-ASA2,364,21 (c) “Qualified investment” means the aggregate, non-duplicative eligible data center costs expended at a qualified data center by an owner, operator, or tenant, or an affiliate of an owner, operator, or tenant, of the qualified data center.

AB43-ASA2,365,3 (2) Certification. (a) The corporation shall certify a qualified data center for purposes of the sales and use tax exemption under s. 77.54 (70). The certification shall include a description of the geographic location or locations and buildings of the qualified data center and an identification of the business entity specified in sub. (1) (b). The corporation shall contract with that business entity and shall, upon request, amend the certification and contract to include one or more additional locations and buildings of the qualified data center.

AB43-ASA2,365,11 (b) If the corporation certifies a qualified data center for purposes of the sales and use tax exemption under s. 77.54 (70) and the data center fails to satisfy sub. (1) (b) 2., the corporation shall revoke the certification. All amounts of the sales and use tax exemption claimed under that certification as of the date of revocation shall become due and payable to each taxing authority against whom the exemption was claimed in the amounts so claimed. The corporation may grant an extension of time within which the qualified data center may avoid revocation by satisfying the applicable qualified investment requirement under sub. (1) (b) 2.

AB43-ASA2,438 Section 438. 250.15 (2) (d) of the statutes is amended to read:

AB43-ASA2,365,14 250.15 (2) (d) To Two million two hundred fifty thousand dollars to free and charitable clinics, $1,500,000.

AB43-ASA2,439 Section 439 . 256.04 (8) of the statutes is amended to read:

AB43-ASA2,365,17 256.04 (8) Review the annual budget prepared by the department for the expenditures under s. 20.435 (1) (ch) (r).

AB43-ASA2,440 Section 440 . 256.12 (4) (title) of the statutes is amended to read:

AB43-ASA2,365,19 256.12 (4) (title) Support and improvement of ambulance emergency services.

AB43-ASA2,441 Section 441 . 256.12 (4) (a) of the statutes is amended to read:

AB43-ASA2,366,7 256.12 (4) (a) From the appropriation account under s. 20.435 (1) (ch) (r), the department shall annually distribute funds for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment, nondurable or disposable medical supplies or equipment, medications, or emergency medical training for personnel to an emergency medical responder department or ambulance service provider that is a public agency, a volunteer fire department or a nonprofit corporation, under a funding formula consisting of an identical base amount for each emergency medical responder department or ambulance service provider plus a supplemental amount based on the population of the emergency medical responder department's primary service area or the population of the ambulance service provider's primary service or contract area, as established under s. 256.15 (5), as applicable.

AB43-ASA2,442 Section 442 . 256.12 (4) (c) of the statutes is amended to read:

AB43-ASA2,366,21 256.12 (4) (c) Funds distributed under par. (a) or (b) shall supplement existing, budgeted moneys of or provided to an ambulance service provider and may not be used to replace, decrease or release for alternative purposes the existing, budgeted moneys of or provided to the ambulance service provider. A grant recipient under this subsection may not expend more than 15 percent of a grant awarded during an annual grant cycle on nondurable or disposable medical supplies or equipment and medications. In order to ensure compliance with this paragraph, the department shall require, as a condition of relicensure, a financial report of expenditures under this subsection from an ambulance service provider and may require a financial report of expenditures under this subsection from an emergency medical responder department or an owner or operator of an ambulance service or a public agency, volunteer fire department or a nonprofit corporation with which an ambulance service provider has contracted to provide ambulance services.

AB43-ASA2,443 Section 443 . 256.12 (5) (a) of the statutes is amended to read:

AB43-ASA2,367,7 256.12 (5) (a) From the appropriation account under s. 20.435 (1) (ch) (r), the department shall annually distribute funds to emergency medical responder departments or ambulance service providers that are public agencies, volunteer fire departments, or nonprofit corporations to purchase the training required for licensure and renewal of licensure as an emergency medical technician under s. 256.15 (6) or for certification and renewal of certification as an emergency medical responder under s. 256.15 (8), and to pay for administration of the examination required for licensure or renewal of licensure as an emergency medical technician under s. 256.15 (6) (a) 3. and (b) 1. or certification or renewal of certification as an emergency medical responder under s. 256.15 (8).

AB43-ASA2,444 Section 444 . 256.12 (5) (am) of the statutes is amended to read:

AB43-ASA2,367,22 256.12 (5) (am) If an emergency medical responder department or ambulance service provider does not use funds received under par. (a) within a calendar year, the emergency medical responder department or ambulance service provider may escrow those funds in the year in which the funds are distributed to the emergency medical responder department or ambulance service provider, except funds distributed for nondurable or disposable medical supplies or equipment or medications. In a subsequent year, an emergency medical responder department or ambulance service provider may use escrowed funds to purchase the training required for certification or renewal of certification as an emergency medical responder or licensure or renewal of licensure as an emergency medical services practitioner at any level or to pay for administration of the examination required for certification or renewal of certification as an emergency medical responder or for licensure or renewal of licensure as an emergency medical services practitioner at any level.

AB43-ASA2,445 Section 445 . 256.12 (5) (b) of the statutes is renumbered 256.12 (5) (b) (intro.) and amended to read:

AB43-ASA2,368,3 256.12 (5) (b) (intro.) The department shall require as a condition of relicensure that an ambulance service provider that all of the following submit to the department a financial report on the expenditure of funds received under par. (a).:

AB43-ASA2,446 Section 446 . 256.12 (5) (b) 1. of the statutes is created to read:

AB43-ASA2,368,5 256.12 (5) (b) 1. An emergency medical responder department.

AB43-ASA2,447 Section 447 . 256.12 (5) (b) 2. of the statutes is created to read:

AB43-ASA2,368,7 256.12 (5) (b) 2. As a condition of relicensure, an ambulance service provider.

AB43-ASA2,448 Section 448. 281.57 (7) (c) 1. of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB43-ASA2,368,16 281.57 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33 percent of the sum of the amounts in the schedule for that fiscal year for the appropriation under s. 20.165 (2) (kf) and the amount authorized under sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.

AB43-ASA2,449 Section 449 . 281.57 (7) (c) 1. of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read: