SB1104: Bill Text

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.

SB1104,19,7 (d) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose that a subscriber has a right to a credit for notifying the broadband service provider of a service interruption.

SB1104,19,9 (e) A broadband service provider shall provide broadband service that satisfies minimum standards established by the department by rule.

SB1104,19,11 (f) A broadband service provider shall give a subscriber at least 30 days' advance written notice before instituting a rate increase.

SB1104,19,14 (g) A broadband service provider shall give a subscriber at least 7 days' advance written notice of any scheduled routine maintenance that causes a service slowdown, interruption, or outage.

SB1104,19,17 (h) A broadband service provider shall give a subscriber at least 10 days' advance written notice of disconnecting service, unless the disconnection is requested by the subscriber.

SB1104,19,20 (i) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose the factors that may cause the actual broadband speed experience to vary, including the number of users and device limitations.

SB1104,19,23 (j) A broadband service provider shall provide broadband service to a subscriber as described in point of sale advertisements and representations made to the subscriber.

SB1104,20,3 (k) A broadband service provider shall give a subscriber at least 10 days' advance written notice of a change in a factor that might cause the originally disclosed speed experience to vary.

SB1104,20,8 (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.

SB1104,20,12 (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:

SB1104,20,13 (a) Television and other commercials.

SB1104,20,14 (b) Internet and email advertisements.

SB1104,20,15 (c) Print advertisements and bill inserts.

SB1104,20,17 (d) Any other advertising method or solicitation for the sale of new or upgraded broadband service.

SB1104,20,19 (3) Rules. The department may promulgate rules to implement and administer this section.

SB1104,20,23 (4) Penalty; enforcement. (a) A person that 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.

SB1104,20,25 (b) The department or a district attorney may institute civil proceedings under this section.

SB1104,33 Section 33. 100.2093 of the statutes is created to read:

SB1104,21,3 100.2093 Broadband and other Internet services. (1) Broadband and other Internet speeds. No person may do any of the following:

SB1104,21,10 (a) Advertise or otherwise represent that the person provides broadband service unless a service provided by the person is capable of consistently providing a minimum download speed of 25 megabits per second and a minimum upload speed of 3 megabits per second or the minimum 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).

SB1104,21,17 (b) Sell or offer to sell a service that the person represents, to a consumer purchasing the service, as being broadband service, unless the service is capable of consistently providing that consumer with a minimum download speed of 25 megabits per second and a minimum upload speed of 3 megabits per second or the minimum 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).

SB1104,21,20 (c) Advertise or otherwise represent that the person provides Internet service at a specific minimum speed unless a service provided by the person is capable of consistently providing that speed.

SB1104,21,23 (d) Sell or offer to sell Internet service that the person represents, to a consumer purchasing the service, as being a specific minimum speed, unless the service is capable of consistently providing that consumer with that speed.

SB1104,22,5 (2) Broadband labels. No person may sell or offer to sell broadband service in this state unless the person makes broadband labels easily available to potential consumers and provides a broadband label to every consumer before sale of the service to the consumer. A broadband label provided under this subsection shall use the templates for consumer labels for broadband service provided by the federal communications commission. A broadband label provided under this subsection may not contain any misleading or inaccurate information.

SB1104,22,11 (3) Contract termination and refund. If a person makes a sale to a consumer in violation of sub. (1) (b) or (d), the consumer notifies the person in writing of the violation, and the person fails to remedy the violation within one month after receiving the notice, the consumer may terminate the consumer's contract with the person and receive a refund for all charges and fees that the consumer paid to the person.

SB1104,34 Section 34 . 121.004 (7) (c) 1. a. of the statutes is amended to read:

SB1104,22,16 121.004 (7) (c) 1. a. A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil for 5 days a week, but not on any day of the week that pupils enrolled in other grades in the school do not attend school, for an entire school term shall be counted as one pupil.

SB1104,35 Section 35 . 121.004 (7) (c) 2. of the statutes is amended to read:

SB1104,22,20 121.004 (7) (c) 2. In subd. 1. a. and b., “full-day" means the length of the school day for pupils in the first grade of the school district operating the 4-year-old or 5-year-old kindergarten program.

SB1104,36 Section 36 . 121.07 (6) (d) of the statutes is amended to read:

SB1104,22,25 121.07 (6) (d) The “secondary ceiling cost per member" in the 2001-02 school year and in each school year thereafter is an amount determined by dividing the state total shared cost in the previous school year by the state total membership in the previous school year and multiplying the result by 0.90.

SB1104,37 Section 37. 121.07 (8) of the statutes is renumbered 121.07 (8) (intro.) and amended to read:

SB1104,23,6 121.07 (8) Guaranteed valuation. (intro.) A school district's primary, secondary and tertiary guaranteed valuations are determined by multiplying the amounts in sub. (7) by the sum of the school district's membership. and an amount calculated as follows:

SB1104,38 Section 38 . 121.07 (8) (a) of the statutes is created to read:

SB1104,23,10 121.07 (8) (a) Determine the number of pupils residing in the school district who satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

SB1104,39 Section 39 . 121.07 (8) (b) of the statutes is created to read:

SB1104,23,12 121.07 (8) (b) Multiply the number of pupils under par. (a) by 0.2.

SB1104,40 Section 40 . 121.10 of the statutes is created to read:

SB1104,23,15 121.10 Hold harmless aid. (1) In this section, “state aid" means the sum of the following:

SB1104,23,17 (a) The payments made to a school district under ss. 121.08 and 121.105 and subch. VI.

SB1104,23,19 (b) The payments that would be made to a school district under s. 121.136 if s. 121.136 were still applicable.

SB1104,23,21 (c) The amount that would be received by a school district under s. 79.10 (4) and (5m) if s. 79.10 (4) and (5m) were still applicable.

SB1104,24,2 (2) (a) Except as provided in par. (b), in the 2022-23 school year, if a school district would receive less in equalization aid under s. 121.08 in the current school year before any adjustment is made under s. 121.15 (4) (b) than it would have received in state aid in the current school year, the department shall pay to the school district the amount equal to the difference.

SB1104,24,8 (b) If a school district from which territory was detached to create a new school district under s. 117.105 would receive in equalization aid under s. 121.08 in the school year beginning on the first July 1 following the effective date of the reorganization less than the amount determined as follows, the department shall pay to the school district the difference between the former amount and the amount determined as follows:

SB1104,24,10 1. Divide the school district's membership in the preceding school year by the school district's membership in the 2nd preceding school year.

SB1104,24,13 2. Multiply the amount of state aid that would have been received by the school district in the preceding school year, as adjusted under s. 121.15 (4) (b) in the current school year, by the quotient under subd. 1.

SB1104,24,19 (3) In the school year in which a school district consolidation takes effect under s. 117.08 or 117.09 and in each of the subsequent 4 school years, if the consolidated school district's equalization aid is less than the aggregate state aid to which the consolidating school districts would have been eligible in the school year prior to the school year in which the consolidation takes effect, the department shall pay the difference to the consolidated school district.

SB1104,24,21 (4) Additional aid under this section shall be paid from the appropriation under s. 20.255 (2) (ag). No aid may be paid under this section after the 2022-23 school year.

SB1104,41 Section 41 . 121.105 (1) of the statutes is amended to read:

SB1104,24,25 121.105 (1) In Except as provided in sub. (5), in this section “state aid" means the sum of the payments provided to a school district under this section and ss. 121.08, 121.85 and 121.86.

SB1104,42 Section 42. 121.105 (2) (am) 1. of the statutes is amended to read:

SB1104,25,7 121.105 (2) (am) 1. Except as provided in subd. 2., if a school district would receive less in state aid in the current school year before any adjustment is made under s. 121.15 (4) (b) than an amount equal to 85 90 percent of the amount of state aid that it received in the previous school year, as adjusted under s. 121.15 (4) (b) in the current school year, its state aid for the current school year shall be increased to an amount equal to 85 90 percent of the state aid received in the previous school year.

SB1104,43 Section 43 . 121.105 (2) (am) 2. (intro.) of the statutes is amended to read:

SB1104,25,15 121.105 (2) (am) 2. (intro.) If a school district from which territory was detached to create a new school district under s. 117.105 would receive in state aid in the school year beginning on the first July 1 following the effective date of the reorganization less than 85 90 percent of the amount determined as follows, its state aid in the school year beginning on the first July 1 following the effective date of the reorganization shall be increased to an amount equal to 85 90 percent of the amount determined as follows:

SB1104,44 Section 44 . 121.105 (5) of the statutes is created to read:

SB1104,25,18 121.105 (5) (a) In this subsection, “state aid” means the sum of the payments provided to a school district under this section and s. 121.08.

SB1104,25,23 (b) If, after making the adjustments under subs. (2), (3), and (4), a school district would receive less in state aid in the current school year before any adjustment is made under s. 121.15 (4) (b) than an amount equal to $3,000 multiplied by the school district's membership, the school district's state aid shall be increased to an amount equal to $3,000 multiplied by the school district's membership.