AB43: Bill Text

AB43,,6620 196.504 (2) (c) 1. h. Projects that are capable of offering service at actual download speeds of 100 megabits per second or greater and upload speeds of 100 megabits per second or greater and shall give higher priority to projects that are capable of exceeding these speeds. 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 service 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 speeds on its website.

AB43,2431 Section 2431. 196.504 (2) (c) 2. d. and e. of the statutes are created to read:

AB43,,6622 196.504 (2) (c) 2. d. The affordability of the service.

AB43,,6623 e. All federal funding for broadband facilities in the project area of the proposed project.

AB43,2432 Section 2432. 196.504 (2) (d) of the statutes is repealed.

AB43,2433 Section 2433. 196.504 (2m) of the statutes is created to read:

AB43,,6626 196.504 (2m) (a) Except as provided in pars. (b) and (c), from the appropriation under s. 20.155 (3) (c), each fiscal year the commission shall award no less than 10 percent of the amount in the schedule for that appropriation in fiscal year 2023-24 as broadband expansion grants under sub. (2).

AB43,,6627 (b) Except as provided in par. (c), if the remaining unobligated balance of the appropriation under s. 20.155 (3) (c) is less than 10 percent of the amount in the schedule for that appropriation in fiscal year 2023-24, the commission shall award the entire remaining balance in broadband expansion grants under sub. (2) in that fiscal year.

AB43,,6628 (c) If in any fiscal year, the commission does not receive sufficient broadband expansion grant applications that meet the eligibility criteria to award the minimum amounts described under par. (a) or (b), the commission shall award the maximum amount of broadband expansion grants under sub. (2) possible that fiscal year.

AB43,2434 Section 2434. 196.504 (2r) of the statutes is created to read:

AB43,,6630 196.504 (2r) The commission shall administer the line extension assistance program and shall have the following powers:

AB43,,6631 (a) To make financial assistance grants to residents of properties that are not served by a broadband service provider to assist in paying the customer costs associated with line extension necessary to connect broadband service to the properties. The amount of a financial assistance grant under this subsection may not exceed $4,000. Grants awarded under this subsection shall be paid from the appropriation under s. 20.155 (3) (b).

AB43,,6632 (b) To establish criteria for evaluating applications and awarding financial assistance grants under this subsection. The criteria shall give priority to properties that serve as a primary residence.

AB43,2435 Section 2435. 196.504 (2t) of the statutes is created to read:

AB43,,6634 196.504 (2t) (a) Within 10 days of the close of the broadband expansion grant application process, the commission shall publish on its website the proposed geographic broadband service area and the proposed broadband service speeds for each application for a broadband expansion grant submitted.

AB43,,6635 (b) An Internet service provider in or proximate to the proposed project area may, within 30 days of publication of the information under par. (a), submit in writing to the commission a challenge to an application. A challenge shall contain information demonstrating one of the following:

AB43,,6636 1. The provider currently provides available, reliable, and affordable fixed wireless or wired broadband service to any part of the proposed project area at download speeds of 100 megabits per second or greater and upload speeds of 20 megabits per second or greater.

AB43,,6637 2. The provider commits to complete construction of broadband infrastructure and to provide available, reliable, and affordable fixed wireless or wired broadband service to any part of the proposed project area at speeds equal to or greater than the speeds described under subd. 1. no later than 24 months after the date of the commission’s order awarding broadband expansion grants. The provider shall submit documentation showing this commitment, including engineering plans, invoices related to project materials, permit applications, and a project timeline.

AB43,,6638 (bm) An Internet service provider that submits a challenge under this subsection shall allow the commission to inspect the broadband infrastructure identified by a provider in a challenge under par. (b) 1. or 2. to ensure it meets minimum service standards.

AB43,,6639 (c) The commission shall evaluate an Internet service provider’s challenge under this subsection, and is prohibited from funding any portion of a project relating to the area that is the subject of the challenge if the commission determines that the challenger’s provision of or commitment to provide broadband service that meets the requirements of par. (b) in that area is credible.

AB43,,6640 (d) If the commission denies funding to an applicant as a result of an Internet service provider’s challenge made under this subsection and the Internet service provider does not fulfill its commitment to provide available, reliable, and affordable broadband service in the area that is the subject of the challenge, the commission is prohibited from awarding grant funding to that Internet service provider for the following 2 grant cycles and that Internet service provider is prohibited from participating in the challenge process under par. (b) for the following 2 grant cycles, unless the commission determines that the Internet service provider’s failure to fulfill its commitment was the result of factors beyond the Internet service provider’s control. The commission shall give priority scoring treatment to an application targeting a grant project area that remains unserved as a result of a successful challenge and an unfulfilled commitment.

AB43,2436 Section 2436. 196.504 (3) (intro.) of the statutes is amended to read:

AB43,,6642 196.504 (3) (intro.) The commission shall encourage the development of broadband infrastructure in underserved unserved areas of the state and do all of the following:

AB43,2437 Section 2437. 196.504 (10) of the statutes is created to read:

AB43,,6644 196.504 (10) The commission shall administer a digital equity program under which it may do all of the following:

AB43,,6645 (a) Provide outreach and assistance to promote digital equity.

AB43,,6646 (b) Coordinate the administration of federal and state digital equity funding.

AB43,,6647 (c) Provide digital navigation services.

AB43,,6648 (d) Implement digital inclusion activities.

AB43,2438 Section 2438. 196.5048 of the statutes is created to read:

AB43,,6650 196.5048 Internet service provider registration. No person may provide Internet service in this state unless the person registers with the commission.

AB43,2439 Section 2439. 196.745 (2) (a) of the statutes is amended to read:

AB43,,6652 196.745 (2) (a) Any person violating sub. (1) (a), or any order or rule issued under sub. (1) (a), shall forfeit an amount not exceeding $25,000 $200,000. Each day of violation is a separate violation of sub. (1) (a). No person may forfeit an amount exceeding $500,000 $2,000,000 for a single persisting violation of sub. (1) (a) or any order or any rule issued under sub. (1) (a). The commission shall remit all forfeitures paid under this paragraph to the secretary of administration for deposit in the school fund.

AB43,2440 Section 2440. 200.57 (title) of the statutes is amended to read:

AB43,,6654 200.57 (title) Minority financial advisers and investment firms and disabled and veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned, and disability-owned financial advisers and investment firms.

AB43,2441 Section 2441. 200.57 (1) (a) of the statutes is renumbered 200.57 (1) (f) and amended to read:

AB43,,6656 200.57 (1) (f) “Disabled veteran-owned Veteran-owned financial adviser” and “disabled veteran-owned investment firm” mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.283 (3).

AB43,2442 Section 2442. 200.57 (1) (ae) of the statutes is created to read:

AB43,,6658 200.57 (1) (ae) “Disability-owned financial adviser” and “disability-owned investment firm” mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.289 (3).

AB43,2443 Section 2443. 200.57 (1) (c) of the statutes is created to read:

AB43,,6660 200.57 (1) (c) “Lesbian, gay, bisexual, or transgender-owned financial adviser” and “Lesbian, gay, bisexual, or transgender-owned investment firm” mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.288 (3).

AB43,2444 Section 2444. 200.57 (3) of the statutes is amended to read:

AB43,,6662 200.57 (3) The commission shall make efforts to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of disabled veteran-owned financial advisers or disabled veteran-owned investment firms.

AB43,2445 Section 2445. 200.57 (4) of the statutes is created to read:

AB43,,6664 200.57 (4) The commission shall make efforts to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of lesbian, gay, bisexual, or transgender-owned financial advisers or lesbian, gay, bisexual, or transgender-owned investment firms.

AB43,2446 Section 2446. 200.57 (5) of the statutes is created to read:

AB43,,6666 200.57 (5) The commission shall make efforts to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of disability-owned financial advisers or disability-owned investment firms.

AB43,2447 Section 2447. 224.55 of the statutes is created to read:

AB43,,6668 224.55 Support accounts for individuals with disabilities. (1) Definitions. In this section:

AB43,,6669 (a) “ABLE account” means an account established under an ABLE program.

AB43,,6670 (b) “ABLE program” means a qualified ABLE program under section 529A of the Internal Revenue Code.

AB43,,6671 (2) Department to establish ABLE program. (a) Implementation directly or by agreement. The department shall implement and administer an ABLE program, either directly or by entering into a formal or informal agreement with another state, or with an entity representing an alliance of states, to establish an ABLE program or otherwise administer ABLE program services for the residents of this state.

AB43,,6672 (b) Review of other states’ partnership programs. The department shall review section 529A ABLE state partnership programs offered by other states and, no later than the first day of the 10th month beginning after the effective date of this subsection, determine whether, as the best option for Wisconsin residents, the department will implement the ABLE program under par. (a) directly or by entering into an agreement.

AB43,,6673 (c) Agreement terms. An agreement under par. (a) may require the party contracting with the department, in addition to providing any other services, to do any of the following:

AB43,,6674 1. Develop and implement an ABLE program in accordance with all requirements under section 529A of the Internal Revenue Code, and modify this ABLE program as necessary for participants in the ABLE program to qualify for the federal income tax benefits or treatment provided under section 529A of the Internal Revenue Code and rules adopted under section 529A.

AB43,,6675 2. Engage the services of vendors on a contractual basis for rendering professional and technical assistance and advice in developing marketing plans and promotional materials to publicize the ABLE program.

AB43,,6676 3. Work with organizations with expertise in supporting people with disabilities and their families in administering the agreement and ensuring accessibility of the ABLE program for people with disabilities.

AB43,,6677 4. Take any other action necessary to implement and administer the ABLE program.

AB43,,6678 (d) Information about ABLE accounts. The department shall include on its website information concerning ABLE accounts.

AB43,,6679 (3) Confidentiality. The department shall keep confidential any personal and financial information maintained by the department relating to an ABLE account.

AB43,,6680 (4) Funding; rules. (a) All expenses incurred by the department under this section shall be paid from the appropriation under s. 20.144 (1) (g).

AB43,,6681 (b) The department may promulgate rules to implement and administer this section.

AB43,2448 Section 2448. 224.56 of the statutes is created to read:

AB43,,6683 224.56 Small business retirement savings program. (1) Definitions. In this section:

AB43,,6684 (a) “Account” means a retirement savings account established for an eligible employee under the program under this section.

AB43,,6685 (b) “Board” means the small business retirement savings board.

AB43,,6686 (c) “Eligible employee” means an individual who resides in this state and who is any of the following:

AB43,,6687 1. Employed by a private employer that does not offer a retirement savings plan.

AB43,,6688 2. Employed by a private employer and not eligible to participate in a retirement savings plan offered by the private employer.

AB43,,6689 (d) “Investment administrator” means the vendor with which the board has contracted under sub. (2) (b).

AB43,,6690 (e) “Participating employer” means a private employer that qualifies for and has elected to participate in the program as provided in sub. (4) (a).

AB43,,6691 (f) “Roth IRA” has the meaning given in 26 USC 408A (b).

AB43,,6692 (g) “Traditional IRA” means an individual retirement account under 26 USC 408.

AB43,,6693 (2) Establishment of program. (a) Subject to par. (b), the board shall establish and oversee a small business retirement savings program that meets the requirements specified in this section.

AB43,,6694 (b) After soliciting competitive sealed proposals under s. 16.75 (2m), the board shall select and contract with a vendor to provide the following services in administering the small business retirement savings program:

AB43,,6695 1. Investment services.

AB43,,6696 2. Accounting and record-keeping services.

AB43,,6697 3. Any other professional services considered necessary by the board.

AB43,,6698 (3) General program requirements. The board shall design the program under this section so that it meets all of the following requirements:

AB43,,6699 (a) The program allows eligible employees to contribute to their accounts through payroll deductions and requires participating employers to withhold from employees’ wages, through payroll deductions, employees’ account contributions and remit those contributions directly to the investment administrator.

AB43,,6700 (b) Subject to the record-keeping requirement under sub. (6) (b), the program allows the investment administrator to pool accounts for investment purposes and designates the investment administrator as the trustee of account contributions and earnings.

AB43,,6701 (c) The administrative costs of the program are low, and the fee that the investment administrator may charge an eligible employee is limited to a fixed monthly fee in an amount approved by the board.

AB43,,6702 (d) The program does not require an eligible employee to maintain a minimum account balance if the employee makes contributions to the account each pay period.

AB43,,6703 (e) The program allows account consolidation and roll over, including roll over to a retirement savings option not part of the program to the extent allowed under the Internal Revenue Code.

AB43,,6704 (f) The program allows an eligible employee who has established an account to continue the account after separating from employment with a participating employer if the account is maintained with a positive balance.

AB43,,6705 (g) The program incorporates maximum contribution limits established by the board in accordance with the Internal Revenue Code contribution limits for Roth IRAs, separately and in combination with traditional IRAs, as well as any similar contribution limit for account types other than a Roth IRA if the account type is offered under sub. (5) (a) 2.

AB43,,6706 (4) Participating employers; eligible employees. (a) A private employer may participate in the program under this section if all of the following apply:

AB43,,6707 1. The employer does not offer a retirement savings plan to all employees.

AB43,,6708 2. The employer provides notice to the board, in the form and manner prescribed by the board, of the employer’s election to participate in the program and the employer certifies that, on the date of this notice, the employer had 50 or fewer employees.