SB1104: Bill Text

SB1104,6 Section 6 . 20.255 (2) (ac) of the statutes is amended to read:

SB1104,8,13 20.255 (2) (ac) General equalization aids. The amounts in the schedule A sum sufficient for the payment of educational aids under ss. 121.08, 121.09, 121.095, and 121.105, 121.137 and subch. VI of ch. 121 equal to the amount determined by the joint committee on finance under s. 121.15 (3m) (c) in the 2022-23 fiscal year and biennially thereafter, and equal to the amount determined by law in the 2023-24 fiscal year and biennially thereafter.

SB1104,7 Section 7 . 20.255 (2) (ag) of the statutes is created to read:

SB1104,8,16 20.255 (2) (ag) Hold harmless aid. A sum sufficient for hold harmless aid to school districts under s. 121.10.

SB1104,8 Section 8 . 20.285 (1) (cm) of the statutes is created to read:

SB1104,8,20 20.285 (1) (cm) Freedom to learn program. A sum sufficient for the program under s. 36.27 (3t). No moneys may be encumbered under this paragraph after June 30, 2023.

SB1104,9 Section 9 . 20.292 (1) (b) of the statutes is created to read:

SB1104,8,24 20.292 (1) (b) Freedom to learn program. A sum sufficient for the program under s. 38.24 (6m). No moneys may be encumbered under this paragraph after June 30, 2023.

SB1104,10 Section 10. 20.437 (2) (eg) of the statutes is created to read:

SB1104,9,2 20.437 (2) (eg) Internet assistance program. The amounts in the schedule for the Internet assistance program under s. 49.168.

SB1104,11 Section 11 . 36.27 (3t) of the statutes is created to read:

SB1104,9,7 36.27 (3t) Freedom to learn program. (a) Definition. In this subsection, “branch campus" means any branch campus associated with a university as a result of the system's restructuring plan approved by the Higher Learning Commission on or about June 28, 2018.

SB1104,9,11 (b) Establishment of program. There is established, to be administered by the board, a freedom to learn program to grant full remission of academic fees and segregated fees to students who meet the eligibility criteria specified in this subsection.

SB1104,9,14 (c) Eligibility for fee remission. Subject to pars. (e), (f), and (g), a student is eligible for fee remission under this subsection if the student meets all of the following criteria:

SB1104,9,16 1. The student is enrolled in a branch campus and is considered to be a resident of this state under sub. (2).

SB1104,9,18 2. The student has completed the federal Free Application for Federal Student Aid, as described in 20 USC 1090 (a), for the applicable academic year.

SB1104,9,23 (d) Full fee remission. 1. Subject to subd. 3., the board shall grant full remission of the balance of an eligible student's academic fees and segregated fees after first deducting the total amount of all grants and scholarships awarded to the student intended to cover all or part of the student's academic fees and segregated fees, as determined by the branch campus in which the student is enrolled.

SB1104,9,25 2. All fee remissions under this subsection shall be funded from the appropriation account under s. 20.285 (1) (cm).

SB1104,10,2 3. The board shall grant fee remissions under this subsection only for the 2022-23 academic year.

SB1104,10,5 (e) Limitations. 1. A student is not eligible for any fee remission under this subsection after the student has met all requirements for an associate degree or diploma in the student's program at a branch campus.

SB1104,10,10 2. The board may not grant any fee remission under this subsection to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

SB1104,10,13 (f) Community service. The board shall establish requirements for the completion of community service, which may include mentoring, as a condition of receiving any fee remission under this subsection.

SB1104,10,16 (g) Application of other grants and scholarships. As a condition of receiving any fee remission under this subsection, a student enrolled in a branch campus shall do all of the following:

SB1104,10,18 1. Attempt to secure available federal, state, and institutional grants and scholarships.

SB1104,10,20 2. Authorize the disclosure to the board of the type and amount of any other grant or scholarship awarded to the student as a result of subd. 1.

SB1104,10,23 3. Disclose to the financial aid office of the branch campus any grant or scholarship received by the student, from any source, that is not disbursed through the financial aid office, including the type and amount of the grant or scholarship.

SB1104,10,25 (h) Forms and guidelines. The board may establish forms and guidelines to administer the program under this subsection.

SB1104,12 Section 12. 38.24 (6m) of the statutes is created to read:

SB1104,11,6 38.24 (6m) Freedom to learn program. (a) Establishment of program. There is established, to be administered by the board, a freedom to learn program to provide grants to district boards for the purpose of granting full remission of fees under sub. (1m) to students enrolled in technical colleges of the district who meet the eligibility criteria specified in this subsection.

SB1104,11,9 (b) Eligibility for fee remission. Subject to pars. (d), (e), and (f), a student is eligible for fee remission under this subsection if the student meets all of the following criteria:

SB1104,11,11 1. The student is enrolled in a technical college and is considered to be a resident of this state for purposes of determining the student's fees under sub. (1m).

SB1104,11,13 2. The student has completed the federal Free Application for Federal Student Aid, as described in 20 USC 1090 (a), for the applicable academic year.

SB1104,11,18 (c) Grants to district boards; full fee remission. 1. From the appropriation under s. 20.292 (1) (b), the board shall award grants to district boards to cover the expense to district boards of granting full fee remission under this subsection. The board may not award grants to district boards under this subdivision after June 30, 2023.

SB1104,11,23 2. Subject to subd. 3., for students enrolled in the technical colleges of a district, the district board shall grant full remission of the balance of an eligible student's fees under sub. (1m) after first deducting the total amount of all grants and scholarships awarded to the student intended to cover all or part of the student's fees, as determined by the district board.

SB1104,11,25 3. Each district board shall grant fee remissions under this subsection only for the 2022-23 academic year.

SB1104,12,3 (d) Limitations. 1. A student is not eligible for any fee remission under this subsection after the student has met all requirements for an associate degree or diploma in the student's program at a technical college.

SB1104,12,8 2. A district board may not grant any fee remission under this subsection to a person whose name appears on the statewide support lien docket under s. 49.854 (2) (b), unless the person provides to the district board a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

SB1104,12,11 (e) Community service. The board shall establish requirements for the completion of community service, which may include mentoring, as a condition of receiving any fee remission under this subsection.

SB1104,12,14 (f) Application of other grants and scholarships. As a condition of receiving any fee remission under this subsection, a student enrolled in a technical college shall do all of the following:

SB1104,12,16 1. Attempt to secure available federal, state, and institutional grants and scholarships.

SB1104,12,18 2. Authorize the disclosure to the district board of the type and amount of any other grant or scholarship awarded to the student as a result of subd. 1.

SB1104,12,21 3. Disclose to the financial aid office of the technical college any grant or scholarship received by the student, from any source, that is not disbursed through the financial aid office, including the type and amount of the grant or scholarship.

SB1104,12,23 (g) Forms and guidelines. The board may establish forms and guidelines for district boards to use in administering the program under this subsection.

SB1104,13 Section 13. 49.168 of the statutes is created to read:

SB1104,13,7 49.168 Internet assistance program. (1) The department shall establish an Internet assistance program under which it shall, from the appropriation under s. 20.437 (2) (eg) and the allocation under s. 49.175 (1) (x), make payments to Internet service providers on behalf of low-income individuals to assist with paying for Internet service. Assistance under this program may be provided only after other assistance program options have been exhausted. The department may contract for the administration of the program.

SB1104,13,10 (2) The department shall promulgate rules to implement the program under this section and shall include a financial eligibility requirement that the family income of a recipient not exceed 200 percent of the poverty line.

SB1104,14 Section 14. 49.175 (1) (x) of the statutes is created to read:

SB1104,13,13 49.175 (1) (x) Internet assistance program. For the Internet assistance program under s. 49.168, $20,000,000 in each fiscal year.

SB1104,15 Section 15. 66.0422 (1) (cg) of the statutes is created to read:

SB1104,13,17 66.0422 (1) (cg) “Underserved area" means an area of this state that is designated as an underserved area by the public service commission under s. 196.504 (2) (d).

SB1104,16 Section 16. 66.0422 (1) (cr) of the statutes is created to read:

SB1104,13,20 66.0422 (1) (cr) “Unserved area” means an area of this state that is designated as an unserved area by the public service commission under s. 196.504 (2) (e).

SB1104,17 Section 17. 66.0422 (2) (c) of the statutes is amended to read:

SB1104,14,6 66.0422 (2) (c) No less than 30 days before the public hearing, the local government prepares and makes available for public inspection a report estimating the total costs of, and revenues derived from, constructing, owning, or operating the facility and including a cost-benefit analysis of the facility for a period of at least 3 years. The costs that are subject to this paragraph include personnel costs and costs of acquiring, installing, maintaining, repairing, or operating any plant or equipment, and include an appropriate allocated portion of costs of personnel, plant, or equipment that are used to provide jointly both telecommunications services and other services. This paragraph does not apply to a broadband facility that is intended to serve an underserved or unserved area.

SB1104,18 Section 18. 66.0422 (3d) (intro.) of the statutes is amended to read:

SB1104,14,16 66.0422 (3d) (intro.) Subsection (2) does not apply to a facility for providing broadband service to an area within the boundaries of a local government if the local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area and, if the area is not an underserved or unserved area, whether the person intends to provide broadband service to the area within 9 months, or, if the area is an underserved or unserved area, whether the person actively plans to provide broadband service to the area within 3 months and any of the following are satisfied:

SB1104,19 Section 19. 66.0422 (3d) (a) of the statutes is amended to read:

SB1104,14,25 66.0422 (3d) (a) The local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area or intends to provide broadband service within 9 months to the area and within 60 days after receiving the written request no person responds in writing to the The local government does not receive a response in writing that the a person currently provides broadband service to the area or intends or actively plans to provide broadband service to the area within 9 months the relevant time period.

SB1104,20 Section 20. 66.0422 (3d) (b) of the statutes is amended to read:

SB1104,15,5 66.0422 (3d) (b) The local government determines that a person who responded to a written request under par. (a) that the person currently provides broadband service to the area did not actually provide broadband service to the area and no other person makes the response responds to the local government described in par. (a).

SB1104,21 Section 21. 66.0422 (3d) (c) of the statutes is amended to read:

SB1104,15,12 66.0422 (3d) (c) The local government determines that a person who responded to a written request under par. (a) that the person intended or actively planned to provide broadband service to the area within 9 months the relevant time period did not actually provide broadband service to the area within 9 months the relevant time period and no other person makes the response responds to the local government described in par. (a).

SB1104,22 Section 22. 66.0422 (3m) (b) of the statutes is amended to read:

SB1104,15,16 66.0422 (3m) (b) The municipality itself does not use the facility to provide broadband service to end users. This paragraph does not apply to a facility that is intended to serve an underserved or unserved area.

SB1104,23 Section 23. 66.0422 (3m) (c) of the statutes is amended to read:

SB1104,15,22 66.0422 (3m) (c) The municipality determines that, at the time that the municipality authorizes the construction, ownership, or operation of the facility, whichever occurs first, the facility does not compete with more than one provider of broadband service. This paragraph does not apply to a facility that is intended to serve an underserved or unserved area.

SB1104,24 Section 24 . 79.10 (4) of the statutes is amended to read:

SB1104,16,2 79.10 (4) School levy tax credit. Except as provided in sub. (5m), the amount appropriated under s. 20.835 (3) (b) shall be distributed to municipalities in proportion to their share of the sum of average school tax levies for all municipalities. No municipality shall receive a payment under this subsection after 2022.

SB1104,25 Section 25 . 79.10 (5m) of the statutes is amended to read:

SB1104,16,9 79.10 (5m) First dollar credit. Each municipality shall receive, from the appropriation under s. 20.835 (3) (b), an amount determined by multiplying the school tax rate by the estimated fair market value, not exceeding the value determined under sub. (11) (d), of every parcel of real property with improvements that is located in the municipality. No municipality shall receive a payment under this subsection after 2022.

SB1104,26 Section 26 . 79.14 of the statutes is amended to read:

SB1104,16,16 79.14 School levy tax credit. The appropriation under s. 20.835 (3) (b), for the payments under s. 79.10 (4), is $319,305,000 in 1994, 1995, and 1996; $469,305,000 beginning in 1997 and ending in 2006; $593,050,000 in 2007; $672,400,000 in 2008; $747,400,000 in 2009; $732,550,000 in 2010, 2011, and 2012; $747,400,000 in 2013, 2014, and 2015; $853,000,000 in 2016 and 2017; and $940,000,000 in 2018, 2019, 2020, 2021, and in each year thereafter 2022.

SB1104,27 Section 27 . 79.15 of the statutes is amended to read:

SB1104,16,22 79.15 Improvements credit. The total amount paid each year to municipalities from the appropriation account under s. 20.835 (3) (b) for the payments under s. 79.10 (5m) is $75,000,000 in 2009, $145,000,000 in 2010, and $150,000,000 in each year beginning in 2011 and in each year thereafter ending in 2022.

SB1104,28 Section 28. 100.20 (1v) of the statutes is amended to read:

SB1104,16,25 100.20 (1v) It is an unfair method of competition in business or an unfair trade practice for a person or business entity to violate s. 100.2093 (1) or (2) or 100.70 (1).

SB1104,29 Section 29. 100.20 (5) of the statutes is amended to read:

SB1104,17,6 100.20 (5) Any person suffering pecuniary loss because of a violation by any other person of s. 100.2093 or 100.70 or any order issued under this section may sue for damages therefor in any court of competent jurisdiction and shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee.

SB1104,30 Section 30. 100.20 (6) of the statutes is amended to read:

SB1104,17,16 100.20 (6) The department may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction the violation of s. 100.2093 or 100.70 or any order issued under this section. The court may in its discretion, prior to entry of final judgment make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, provided proof thereof is submitted to the satisfaction of the court. The department may use its authority in ss. 93.14 and 93.15 to investigate violations of s. 100.2093 or 100.70 or any order issued under this section.

SB1104,31 Section 31. 100.2091 of the statutes is created to read:

SB1104,17,21 100.2091 Broadband; discrimination prohibited. (1) No broadband service provider may deny access to broadband service to any group of potential residential customers because of the race or income of the residents in the area in which the group resides.

SB1104,18,2 (2) It is a defense to an alleged violation of sub. (1) based on income if, no later than 3 years after the date on which the broadband service provider began providing broadband service in this state, at least 30 percent of the households with access to the broadband service provider's broadband service in the area in which a group of potential residential customers resides are low-income households.

SB1104,18,9 (3) The department may enforce this section and may promulgate rules to implement and administer this section. The department of justice may represent the department in an action to enforce this section. If the court finds that a broadband service provider has not complied with this section, the court shall order the broadband service provider to comply with this section within a reasonable amount of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees, to the department of justice.

SB1104,18,15 (4) Any person that is affected by a failure to comply with this section may bring an action to enforce this section. If a court finds that a broadband service provider has not complied with this section, the court shall order the broadband service provider to comply with this section within a reasonable amount of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees, to the person affected.

SB1104,32 Section 32. 100.2092 of the statutes is created to read:

SB1104,18,21 100.2092 Broadband service subscriber rights. (1) Rights. (a) A broadband service provider shall repair broadband service within 72 hours after a subscriber reports a service interruption or requests the repair if the service interruption is not the result of a major systemwide or large area emergency, such as a natural disaster.

SB1104,18,25 (b) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for one day of broadband service if broadband service is interrupted for more than 4 hours in one day and the interruption is caused by the broadband service provider.

SB1104,19,4 (c) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for each hour that broadband service is interrupted if broadband service is interrupted for more than 4 hours in one day and the interruption is not caused by the broadband service provider.