AB43: Bill Text

AB43,,6511 175.35 (2L) The department of justice shall promulgate rules providing for the review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right to purchase receive a transfer of a handgun firearm because the firearms dealer received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms restrictions record search review under those rules. If the person disagrees with the results of that review, the person may file an appeal under rules promulgated by the department.

AB43,2394 Section 2394. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

AB43,,6513 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

AB43,,6514 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

AB43,,6515 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

AB43,2395 Section 2395. 175.35 (3) (b) 2. of the statutes is amended to read:

AB43,,6517 175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false information regarding whether he or she is purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to another who the person knows or reasonably should know is prohibited from possessing a firearm under state or federal law is guilty of a Class H felony. The penalty shall include a fine that is not less than $500.

AB43,2396 Section 2396. 175.60 (7) (d) of the statutes is amended to read:

AB43,,6519 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB43,2397 Section 2397. 175.60 (9g) (a) 2. of the statutes is amended to read:

AB43,,6521 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g); whether the applicant is subject to a temporary restraining order or injunction under s. 813.124; and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

AB43,2398 Section 2398. 175.60 (11) (a) 2. f. of the statutes is amended to read:

AB43,,6523 175.60 (11) (a) 2. f. The individual becomes subject to an a temporary restraining order or injunction described in s. 941.29 (1m) (f) or is ordered not to possess a firearm under s. 813.123 (5m) or 813.125 (4m).

AB43,2399 Section 2399. 175.60 (15) (b) 4. b. of the statutes is amended to read:

AB43,,6525 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB43,2400 Section 2400. 182.004 (6) of the statutes is amended to read:

AB43,,6527 182.004 (6) Stock may be issued and leases made to husband and wife spouses, and to the survivor of them, in which event title shall descend the same as in like conveyances of real property subject to ch. 766. Otherwise, title to the stock and lease shall descend to the persons to whom a homestead of the stockholder would descend except as provided in ch. 766. The interest of a tenant in the lease and stock shall be exempt from execution to the same extent as a homestead in real estate.

AB43,2401 Section 2401. 182.01 (8) of the statutes is created to read:

AB43,,6529 182.01 (8) Information to be provided with business formation filings. The department shall provide informational materials and resources on worker misclassification to each person who files with the department any of the following:

AB43,,6530 (a) Articles of incorporation under s. 180.0202 or 181.0202.

AB43,,6531 (b) Articles of organization under s. 183.0201.

AB43,,6532 (c) A statement of qualification under s. 178.0901.

AB43,,6533 (d) A certificate of limited partnership under s. 179.0201.

AB43,2402 Section 2402. 185.983 (1) (intro.) of the statutes is amended to read:

AB43,,6535 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.728, 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (2) to (6) (8), 632.871, 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

****Note: This is reconciled s. 185.983 (1) (intro.). This Section has been affected by drafts with the following LRB numbers: -1147/P1, -1151/P2, -1153/P1, -1156/P1, and -1157/P1.

AB43,2403 Section 2403. 194.025 of the statutes is amended to read:

AB43,,6537 194.025 Discrimination prohibited. No motor carrier may engage in any practice, act or omission which results in discrimination on the basis of race, creed, sex or, national origin, or status as a holder or nonholder of a license under s. 343.03 (3r).

AB43,2404 Section 2404. 196.01 (2n) of the statutes is created to read:

AB43,,6539 196.01 (2n) “Digital equity” means all individuals and communities have the information technology capacity needed to fully participate in society.

AB43,2405 Section 2405. 196.01 (5) (b) 8. of the statutes is created to read:

AB43,,6541 196.01 (5) (b) 8. A person who supplies electricity through the person’s electric vehicle charging station to users’ electric vehicles, if the person does not otherwise directly or indirectly provide electricity to the public.

AB43,2406 Section 2406. 196.025 (1h) of the statutes is created to read:

AB43,,6543 196.025 (1h) Social cost of carbon emissions. (a) In this subsection, “social cost of carbon” means a measure of the economic harms and other impacts expressed in dollars that result from emitting one ton of carbon dioxide into the atmosphere.

AB43,,6544 (b) In consultation with the department of natural resources, the commission shall evaluate and set the social cost of carbon and shall evaluate and adjust as necessary that dollar amount every 2 years. The evaluations shall use integrated assessment models and consider appropriate discount rates. Any adjustment shall be consistent with the international consensus on the social cost of carbon.

AB43,,6545 (c) No later than December 31, 2023, and no later than December 31 every odd-numbered year thereafter, the commission shall submit to the appropriate standing committees of the legislature under s. 13.172 (3) a report that describes the commission’s evaluation under par. (b) and, if the commission adjusts the previously set dollar amount under par. (b), specifies the social cost of carbon as adjusted by the commission.

AB43,,6546 (d) The commission shall consider the social cost of carbon in determining whether to issue certificates under ss. 196.49 and 196.491 (3).

AB43,2407 Section 2407. 196.027 (1) (d) 3. of the statutes is created to read:

AB43,,6548 196.027 (1) (d) 3. The retiring of any existing electric generating facility fueled by nonrenewable combustible energy resources.

AB43,2408 Section 2408. 196.027 (1) (f) of the statutes is amended to read:

AB43,,6550 196.027 (1) (f) “Environmental control cost” means capital cost, including capitalized cost relating to regulatory assets, incurred or expected to be incurred by an energy utility in undertaking an environmental control activity and, with respect to an environmental control activity described in par. (d) 2. or 3., includes the unrecovered value of property that is retired, including any demolition or similar cost that exceeds the salvage value of the property. “Environmental control cost” does not include any monetary penalty, fine, or forfeiture assessed against an energy utility by a government agency or court under a federal or state environmental statute, rule, or regulation.

AB43,2409 Section 2409. 196.218 (5) (a) 12. of the statutes is repealed.

AB43,2410 Section 2410. 196.218 (5) (a) 15. of the statutes is created to read:

AB43,,6553 196.218 (5) (a) 15. To administer a digital equity program for the purposes specified under s. 196.504 (10).

AB43,2411 Section 2411. 196.31 (2r) of the statutes is created to read:

AB43,,6555 196.31 (2r) From the appropriation under s. 20.155 (1) (j), the commission shall reserve $50,000 annually to compensate equity-focused participants who review economic and environmental issues affecting low-income populations.

AB43,2412 Section 2412. 196.37 (7) of the statutes is created to read:

AB43,,6557 196.37 (7) It is not unreasonable or unjustly discriminatory for a public utility to implement low-income assistance programs if approved in a rate case in which the commission reviewed the program eligibility criteria and program credits or rebates and if that cost is incorporated in the public utility’s published schedules or tariffs.

AB43,2413 Section 2413. 196.372 (3) (e) 2. (intro.) and b. of the statutes are consolidated, renumbered 196.372 (3) (e) 2. and amended to read:

AB43,,6559 196.372 (3) (e) 2. The commission may not approve an application under subd. 1. unless the application satisfies all of the following conditions: b. Any states that any loan provided may not be forgiven by the water public utility or the municipality.

AB43,2414 Section 2414. 196.372 (3) (e) 2. a. of the statutes is repealed.

AB43,2415 Section 2415. 196.374 (1) (d) of the statutes is renumbered 196.374 (1) (d) (intro.) and amended to read:

AB43,,6562 196.374 (1) (d) (intro.) “Energy efficiency program” means a program for reducing the usage or increasing the efficiency of the usage of energy by a customer or member of an energy utility, municipal utility, or retail electric cooperative. “Energy efficiency program” does not include load management. “Energy efficiency program” includes a program that deploys electric technologies to meet energy needs currently served by other fuels in order to do all of the following:

AB43,2416 Section 2416. 196.374 (1) (d) 1. and 2. of the statutes are created to read:

AB43,,6564 196.374 (1) (d) 1. Reduce the usage of energy, increase the efficiency of usage of energy on a fuel-neutral basis, or reduce adverse environmental impacts, including carbon dioxide emissions.

AB43,,6565 2. Reduce costs for electric public utilities and retail electric cooperatives or their customers or members.

AB43,2417 Section 2417. 196.374 (3) (b) 2. of the statutes is amended to read:

AB43,,6567 196.374 (3) (b) 2. The commission shall require each energy utility to spend 1.2 2.4 percent of its annual operating revenues derived from retail sales to fund the utility’s programs under sub. (2) (b) 1., the utility’s ordered programs, the utility’s share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility’s share, as determined by the commission under subd. 4., of the costs incurred by the commission in administering this section.

AB43,2418 Section 2418. 196.376 of the statutes is created to read:

AB43,,6569 196.376 Residential and commercial energy improvements. The commission may authorize a public utility to finance energy improvements at a specific residential or commercial location and recover the cost of those improvements over time through a surcharge periodically placed on the public utility customer’s account for that location. The commission shall promulgate rules to establish the requirements for the utility financing programs authorized under this section. Those requirements shall include at least all of the following:

AB43,,6570 (1) The surcharge shall be assigned to a location, not to an individual customer.

AB43,,6571 (2) Energy improvements are eligible for financing only if the improvements are estimated to save an amount that exceeds the surcharge.

AB43,,6572 (3) The financing offered to a customer under this section may not increase the customer’s risk or debt.

AB43,2419 Section 2419. 196.491 (2) (title) of the statutes is amended to read:

AB43,,6574 196.491 (2) (title) Strategic energy assessment and integrated resource plans.

AB43,2420 Section 2420. 196.491 (2) (a) 3s. of the statutes is created to read:

AB43,,6576 196.491 (2) (a) 3s. Review the integrated resource plans submitted by electric utilities under par. (h) to help inform the strategic energy assessment.

AB43,2421 Section 2421. 196.491 (2) (h) of the statutes is created to read:

AB43,,6578 196.491 (2) (h) 1. Each electric utility shall prepare and file an integrated resource plan with the commission. The commission shall by order establish integrated resource plan content and filing requirements, including filing deadlines. An integrated resource plan shall include a set of resource options that an electric utility could use to meet the service needs of its customers over the next 5-year, 10-years, and 15-year periods, including an explanation of the supply-and-demand circumstances under which, and the extent to which, each resource option would be used to meet those service needs. Resource options that could be used to meet service needs include using, refurbishing, and constructing electric generating plants and equipment; buying electricity generated by other entities; controlling customer loads; and implementing customer energy conservation. The commission shall approve, reject, or modify an electric utility’s integrated resource plan consistent with the public interest. The commission’s acceptance of an integrated resource plan under this paragraph does not constitute issuance of a certificate under s. 196.49 or issuance of a certificate of public convenience and necessity under s. 196.491 (3).

AB43,,6579 2. An integrated resource plan under this paragraph shall include all of the following:

AB43,,6580 a. A long-term forecast of the electric utility’s sales and peak demand under various reasonable scenarios.

AB43,,6581 b. Details regarding the amount of peak demand reduction the electric utility expects to achieve and the electric utility’s proposals for achieving the reduction in peak demand, including through load management and demand response.

AB43,,6582 c. If the plan identifies constructing a generation facility as a resource option, the type of generation technology proposed for the generation facility, the proposed capacity of the generation facility, and the projected fuel costs for the proposed generation facility under various reasonable scenarios.

AB43,,6583 d. Projected electricity purchased or produced by the electric utility that is generated from a renewable energy resource. If the electricity utility projects the total level of electricity purchased or produced from a renewable energy resource to decrease over the periods described in subd. 1. a., the electric utility shall explain why the decrease is in the best interests of ratepayers.

AB43,,6584 e. Details regarding the impacts of energy efficiency programs on the electric utility’s electricity sales and peak demand under various reasonable scenarios, including the total amount of customer energy savings and the associated costs of the energy efficiency programs.

AB43,,6585 f. Projected energy and capacity purchased or produced by the electric utility from a cogeneration resource.

AB43,,6586 g. An analysis of potential new or upgraded electricity transmission options for the electric utility.

AB43,,6587 h. Data regarding the electric utility’s current generation portfolio, including the age, capacity factor, licensing status, and estimated remaining operating time for each electric generating facility in the portfolio.

AB43,,6588 i. Plans for meeting current and future capacity needs, including cost estimates for any power purchase agreements, any proposed construction or major investments, and any transmission or distribution infrastructure necessary to support proposed construction or major investments.

AB43,,6589 j. An analysis of the cost, capacity factor, and viability of all reasonable options available to meet projected energy and capacity needs, including existing electric generating facilities in this state.

AB43,,6590 k. Projected total costs for each scenario reviewed.

AB43,,6591 L. If applicable, projected long-term natural gas transportation contracts or natural gas storage that the electric utility will hold to provide an adequate supply of natural gas to new electric generating facilities.

AB43,,6592 m. Any other information required by the commission by order.

AB43,,6593 3. This paragraph does not apply to cooperative associations.

AB43,2422 Section 2422. 196.491 (3g) (a) of the statutes is amended to read:

AB43,,6595 196.491 (3g) (a) A person who receives a certificate of public convenience and necessity for a high-voltage transmission line that is designed for operation at a nominal voltage of 345 kilovolts or more under sub. (3) shall pay the department of administration commission an annual impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (a) and shall pay the department of administration commission a one-time environmental impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (b).

AB43,2423 Section 2423. 196.504 (1) (b) of the statutes is repealed.

AB43,2424 Section 2424. 196.504 (1) (c) 2. of the statutes is amended to read:

AB43,,6598 196.504 (1) (c) 2. Provided at actual speeds of at least 20 percent of the upload and download speeds for advanced telecommunications capability as designated by the federal communications commission in its inquiries regarding advanced telecommunications capability under 47 USC 1302 (b) download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater. Beginning on July 1 of the 2nd calendar year beginning after the effective date of this subdivision .... [LRB inserts date], and on July 1 of each successive odd-numbered year thereafter, the commission may adjust the threshold speeds designated in this subdivision if, upon review, it determines there is good cause to do so in order to align with changes in technology and actual market conditions. If the commission adjusts these threshold speeds, it shall publicize the adjusted speed thresholds on its website.