AB68: Bill Text

AB68,974,2 (L) A broadband service provider shall allow a subscriber to terminate a contract and receive a full refund without fees if the provider sells a service that does not satisfy the requirements established under par. (e) and the broadband service provider does not satisfy the requirements established under par. (e) within one month of written notification from the subscriber.

AB68,974,6 (2) Advertising. A broadband service provider shall disclose the factors that may cause the actual broadband speed experience of a subscriber to vary, including the number of users and device limitations, in each advertisement of the speed of the provider's service, including in all of the following types of advertisements:

AB68,974,7 (a) Television and other commercials.

AB68,974,8 (b) Internet and email advertisements.

AB68,974,9 (c) Print advertisements and bill inserts.

AB68,974,11 (d) Any other advertising method or solicitation for the sale of new or upgraded broadband service.

AB68,974,13 (3) Rules. The department may promulgate rules to implement and administer this section.

AB68,974,17 (4) Penalty; enforcement. (a) A person who violates this section may be required to forfeit not more than $1,000 for each violation and not more than $10,000 for each occurrence. Failure to give a notice required under sub. (1) (f) to more than one subscriber shall be considered one violation.

AB68,974,19 (b) The department or a district attorney may institute civil proceedings under this section.

AB68,1570 Section 1570. 100.311 of the statutes is created to read:

AB68,974,21 100.311 Unfair drug pricing practices. (1) In this section:

AB68,974,22 (a) “Drug” has the meaning given in s. 450.01 (10).

AB68,975,2 (b) “Unfair drug pricing practice” means a drug pricing practice that causes or is likely to cause substantial injury to consumers that is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition.

AB68,975,3 (2) No person may engage in unfair drug pricing practices.

AB68,975,4 (3) The department may promulgate rules to implement this section.

AB68,975,10 (4) Any district attorney, after informing the department, or the department may seek a temporary or permanent injunction in circuit court to restrain any violation of this section. Prior to entering a final judgment the court may award damages to any person suffering monetary loss because of a violation. The department may subpoena any person or require the production of any document to aid in investigating alleged violations of this section.

AB68,1571 Section 1571. 101.123 (1) (ac) 2. of the statutes is amended to read:

AB68,975,17 101.123 (1) (ac) 2. A juvenile detention facility, as defined in s. 938.02 (10r), a secured residential care center for children and youth, as defined in s. 938.02 (15g), or a juvenile correctional facility, as defined in s. 938.02 (10p) , except a juvenile correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody.

AB68,1572 Section 1572. 101.123 (1) (h) (intro.) of the statutes is amended to read:

AB68,975,19 101.123 (1) (h) (intro.) “Smoking" means burning any of the following:

AB68,975,21 1m. Burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco:

AB68,1573 Section 1573. 101.123 (1) (h) 1. of the statutes is renumbered 101.123 (1) (h) 1m. a.

AB68,1574 Section 1574. 101.123 (1) (h) 2. of the statutes is renumbered 101.123 (1) (h) 1m. b.

AB68,1575 Section 1575. 101.123 (1) (h) 2m. of the statutes is created to read:

AB68,976,2 101.123 (1) (h) 2m. Inhaling or exhaling vapor from a vapor product.

AB68,1576 Section 1576. 101.123 (1) (h) 3. of the statutes is renumbered 101.123 (1) (h) 1m. c.

AB68,1577 Section 1577. 101.123 (1) (h) 4. of the statutes is renumbered 101.123 (1) (h) 1m. d.

AB68,1578 Section 1578. 101.123 (1) (j) of the statutes is renumbered 101.123 (1) (bc) and amended to read:

AB68,976,10 101.123 (1) (bc) “Type 1 juvenile Juvenile correctional facility" has the meaning given in s. 938.02 (19) (10p).

AB68,1579 Section 1579. 101.123 (1) (k) of the statutes is created to read:

AB68,976,12 101.123 (1) (k) 1. “Vapor product” has the meaning given in s. 139.75 (14).

AB68,1580 Section 1580. 101.123 (2) (d) 3. of the statutes is amended to read:

AB68,976,15 101.123 (2) (d) 3. Anywhere on the grounds of a Type 1 juvenile correctional facility.

AB68,1581 Section 1581 . 101.147 of the statutes is created to read:

AB68,976,20 101.147 Construction contractor registration. (1) (a) Except as provided in par. (b), no person may hold himself or herself out or act as a construction contractor unless that person is registered as a construction contractor by the department.

AB68,976,22 (b) The registration requirement under par. (a) does not apply to any of the following:

AB68,976,24 1. A person who engages in construction on property owned or leased by that person.

AB68,976,25 2. A state agency or local governmental unit.

AB68,977,2 3. A person who engages in construction in the course of his or her employment by a state agency or local governmental unit.

AB68,977,4 (2) An application for a registration under this section shall require the applicant to submit all of the following:

AB68,977,6 (a) The applicant's name, contact information, and physical address for the business principal.

AB68,977,11 (b) If the applicant is a corporation, limited liability company, limited partnership, or limited liability partnership and is not organized under ch. 178, 179, 180, 181, or 183, evidence that the applicant is registered, or has obtained a certificate of authority or registration, to transact business in this state under s. 178.1003, 179.87, 180.1503, 181.1503, or 183.1004, as applicable.

AB68,977,12 (c) Evidence of compliance with the requirements under ss. 108.17 to 108.205.

AB68,977,13 (d) Evidence of compliance with s. 102.28 (2).

AB68,977,15 (e) An acknowledgment of worker classification laws and penalties to ensure that registered construction contractors are aware of their obligations.

AB68,977,17 (3) The department may directly assess a forfeiture by issuing an order against any person who violates this section.

AB68,977,19 (4) The department shall, with the advice of the department of workforce development, promulgate rules to administer and enforce this section.

AB68,1582 Section 1582 . 101.19 (1g) (m) of the statutes is created to read:

AB68,977,21 101.19 (1g) (m) Registering construction contractors under s. 101.147.

AB68,1583 Section 1583 . 101.91 (5m) of the statutes is amended to read:

AB68,978,3 101.91 (5m) “Manufactured home community" means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located. “Manufactured home community" does not include a farm where the occupants of the manufactured homes are the father, mother, son, daughter, brother or sister parents, children, or siblings of the farm owner or operator or where the occupants of the manufactured homes work on the farm.

AB68,1584 Section 1584 . 102.07 (5) (b) of the statutes is amended to read:

AB68,978,7 102.07 (5) (b) The parents, spouse, child, brother, sister, son-in-law, daughter-in-law, father-in-law, mother-in-law parent-in-law, brother-in-law, or sister-in-law of a farmer shall not be deemed the farmer's employees.

AB68,1585 Section 1585 . 102.07 (5) (c) of the statutes is amended to read:

AB68,978,15 102.07 (5) (c) A shareholder-employee of a family farm corporation shall be deemed a “farmer" for purposes of this chapter and shall not be deemed an employee of a farmer. A “family farm corporation" means a corporation engaged in farming all of whose shareholders are related as lineal ancestors or lineal descendants, whether by blood or by adoption, or as spouses, brothers, sisters, uncles, aunts, cousins, sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law parents-in-law, brothers-in-law, or sisters-in-law of such lineal ancestors or lineal descendants.

AB68,1586 Section 1586. 102.15 (title) of the statutes is amended to read:

AB68,978,17 102.15 (title) Rules of procedure; transcripts; electronic delivery.

AB68,1587 Section 1587. 102.15 (4) of the statutes is created to read:

AB68,978,23 102.15 (4) The department, division, or commission may not electronically deliver any information, notice, filing, or other document required to be provided by the department, division, or commission under this chapter unless the department, division, or commission receives the written consent of the interested party to receive such electronic delivery.

AB68,1588 Section 1588. 102.17 (1) (a) 1. of the statutes is amended to read:

AB68,979,7 102.17 (1) (a) 1. Upon the filing with the department by any party in interest of any application in writing stating the general nature of any claim as to which any dispute or controversy may have arisen, the department shall electronically deliver or mail a copy of the application to all other parties in interest, and the insurance carrier shall be considered a party in interest. The department or the division may bring in additional parties by service of a copy of the application by electronic delivery or by mail.

AB68,1589 Section 1589. 102.17 (1) (a) 2. of the statutes is amended to read:

AB68,979,18 102.17 (1) (a) 2. Subject to subd. 3., the division shall cause notice of hearing on the application to be given to each interested party by service of that notice on the interested party personally or by electronic delivery or by mailing a copy of that notice to the interested party's last-known address at least 10 days before the hearing. If a party in interest is located without this state, and has no post-office address within this state, the copy of the application and copies of all notices shall be filed with the department of financial institutions and shall also be sent by registered or certified mail to the last-known post-office address of the party. Such filing and, mailing, and electronic delivery shall constitute sufficient service, with the same effect as if served upon a party located within this state.

AB68,1590 Section 1590. 102.17 (1) (ct) 2. of the statutes is amended to read:

AB68,980,2 102.17 (1) (ct) 2. If the department denies an application or revokes a license under subd. 1., the department shall electronically deliver or mail a notice of denial or revocation to the applicant or license holder. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or license holder may, within 30 days after the date on which the notice of denial or revocation is delivered electronically or mailed, file a written request with the department to have the determination that the applicant or license holder is liable for delinquent contributions reviewed at a hearing under s. 108.227 (5) (a).

AB68,1591 Section 1591. 102.18 (1) (e) of the statutes is amended to read:

AB68,980,11 102.18 (1) (e) Except as provided in s. 102.21, if the department or the division orders a party to pay an award of compensation, the party shall pay the award no later than 21 days after the date on which the order is electronically delivered or mailed to the last-known address of the party, unless the party files a petition for review under sub. (3). This paragraph applies to all awards of compensation ordered by the department or the division, whether the award results from a hearing, the default of a party, or a compromise or stipulation confirmed by the department or the division.

AB68,1592 Section 1592. 102.18 (3) of the statutes is amended to read:

AB68,981,4 102.18 (3) A party in interest may petition the commission for review of an examiner's decision awarding or denying compensation if the department, the division, or the commission receives the petition within 21 days after the department or the division electronically delivered or mailed a copy of the examiner's findings and order to the last-known addresses of the parties in interest. The commission shall dismiss a petition that is not filed within those 21 days unless the petitioner shows that the petition was filed late for a reason that was beyond the petitioner's control. If no petition is filed within those 21 days, the findings or order shall be considered final unless set aside, reversed, or modified by the examiner within that time. If the findings or order are set aside by the examiner, the status shall be the same as prior to the setting aside of the findings or order. If the findings or order are reversed or modified by the examiner, the time for filing a petition commences on the date on which notice of the reversal or modification is delivered electronically or mailed to the last-known addresses of the parties in interest. The commission shall either affirm, reverse, set aside, or modify the findings or order, in whole or in part, or direct the taking of additional evidence. The commission's action shall be based on a review of the evidence submitted.

AB68,1593 Section 1593. 102.23 (1) (b) of the statutes is amended to read:

AB68,981,12 102.23 (1) (b) In such an action a complaint shall be served with an authenticated copy of the summons. The complaint need not be verified, but shall state the grounds upon which a review is sought. Service upon a commissioner or agent authorized by the commission to accept service constitutes complete service on all parties, but there shall be left with the person so served as many copies of the summons and complaint as there are defendants, and the commission shall deliver electronically or mail one copy to each other defendant.

AB68,1594 Section 1594. 102.26 (3) (b) 3. of the statutes is amended to read:

AB68,981,23 102.26 (3) (b) 3. The claimant may request the insurer or self-insured employer to pay any compensation that is due the claimant by depositing the payment directly into an account maintained by the claimant at a financial institution. If the insurer or self-insured employer agrees to the request, the insurer or self-insured employer may deposit the payment by direct deposit, electronic funds transfer, or any other money transfer technique approved by the department or the division. The claimant may revoke a request under this subdivision at any time by providing appropriate written notice to the insurer or self-insured employer. If a claimant requests payment by check under this chapter, the insurer or self-insured employer shall make the payment by check.

AB68,1595 Section 1595. 102.26 (3) (d) and (e) of the statutes are created to read:

AB68,982,4 102.26 (3) (d) Except as provided in par. (e), an award to an employer made under this chapter shall be paid by electronic money transfer to the employer. Payment may be made by direct deposit, electronic funds transfer, automated clearinghouse transfer, or any other secure electronic money transfer procedure.

AB68,982,8 (e) If an employer cannot receive payments as provided in par. (d), elects to not receive payments as set forth in par. (d), or if the insurer, self-insured employer, or 3rd-party payer does not have the capacity to issue payments as set forth in par. (d), the payment shall be made by other means acceptable to the employer and payer.

AB68,1596 Section 1596. 102.28 (6) of the statutes is amended to read:

AB68,982,16 102.28 (6) Reports by employer. Every employer shall upon request of the department report to it the number of employees and the nature of their work and also the name of the insurance company with whom the employer has insured liability under this chapter and the number and date of expiration of such policy. Failure to furnish such report within 10 days from the making of a request by secure electronic delivery or certified mail shall constitute presumptive evidence that the delinquent employer is violating sub. (2).

AB68,1597 Section 1597. 102.35 (1) of the statutes is amended to read:

AB68,983,6 102.35 (1) Every employer and every insurance company that fails to keep the records or to make the reports required by this chapter or that knowingly falsifies such records or makes false reports shall pay a work injury supplemental benefit surcharge to the state of not less than $10 nor more than $100 for each offense. The department may waive or reduce a surcharge imposed under this subsection if the employer or insurance company that violated this subsection requests a waiver or reduction of the surcharge within 45 days after the date on which notice of the surcharge is electronically delivered or mailed to the employer or insurance company and shows that the violation was due to mistake or an absence of information. A surcharge imposed under this subsection is due within 30 days after the date on which notice of the surcharge is electronically delivered or mailed to the employer or insurance company. Interest shall accrue on amounts that are not paid when due at the rate of 1 percent per month. All surcharges and interest payments received under this subsection shall be deposited in the fund established under s. 102.65.

AB68,1598 Section 1598 . 102.43 (9) (e) of the statutes is amended to read:

AB68,983,11 102.43 (9) (e) The employee's employment with the employer has been suspended or terminated due to misconduct, as defined in s. 108.04 (5), or substantial fault, as defined in s. 108.04 (5g) (a), by the employee connected with the employee's work.

AB68,1599 Section 1599 . 102.51 (1) (a) 1. of the statutes is amended to read:

AB68,983,14 102.51 (1) (a) 1. A wife married person upon a husband his or her spouse with whom he or she is living at the time of his the spouse's death.

AB68,1600 Section 1600 . 102.51 (1) (a) 2. of the statutes is repealed.

AB68,1601 Section 1601. 102.565 (2) of the statutes is amended to read:

AB68,984,5 102.565 (2) Upon application of any employer or employee the department or the division may direct any employee of the employer or an employee who, in the course of his or her employment, has been exposed to toxic or hazardous substances or conditions to submit to examination by one or more physicians appointed by the department or the division to determine whether the employee has developed any abnormality or condition under sub. (1), and the degree of that abnormality or condition. The cost of the medical examination shall be borne by the person making application. The physician conducting the examination shall submit the results of the examination to the department or the division, which shall submit copies of the reports to the employer and employee, who shall have an opportunity to rebut the reports if a request to submit a rebuttal is made to the department or the division within 10 days after the department or the division electronically delivers or mails the report to the parties. The department or the division shall make its findings as to whether it is inadvisable for the employee to continue in his or her employment.

AB68,1602 Section 1602 . 102.75 (1m) of the statutes is amended to read:

AB68,984,11 102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in ss. 20.427 (1) (ra) and 20.445 (1) (ra), (rb), and (rp), and (rr) and may not be used for any other purpose of the state.