AB43: Bill Text

AB43,,4568 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.

AB43,,4569 (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.

AB43,,4570 (3) The department may enforce this section and may promulgate rules to implement and administer this section, including rules that define low-income households, and to align department rules with federal communications commission broadband rules. 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.

AB43,,4571 (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.

AB43,1737 Section 1737. 100.2092 of the statutes is created to read:

AB43,,4573 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 system-wide or large area emergency, such as a natural disaster.

AB43,,4574 (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.

AB43,,4575 (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.

AB43,,4576 (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.

AB43,,4577 (e) A broadband service provider shall provide broadband service that satisfies minimum standards established by the department by rule.

AB43,,4578 (f) A broadband service provider shall give a subscriber at least 30 days’ advance written notice before instituting a rate increase.

AB43,,4579 (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.

AB43,,4580 (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.

AB43,,4581 (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.

AB43,,4582 (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.

AB43,,4583 (k) A broadband service provider shall give a subscriber at least 10 days’ advance written notice of a change in a factor that may cause the originally disclosed broadband speed experience to vary.

AB43,,4584 (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.

AB43,,4585 (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:

AB43,,4586 (a) Television and other commercials.

AB43,,4587 (b) Internet and email advertisements.

AB43,,4588 (c) Print advertisements and bill inserts.

AB43,,4589 (d) Any other advertising method or solicitation for the sale of new or upgraded broadband service.

AB43,,4590 (3) Rules. The department may promulgate rules to implement and administer this section, including rules to align department rules with federal communications commission broadband rules.

AB43,,4591 (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.

AB43,,4592 (b) The department or a district attorney may institute civil proceedings under this section.

AB43,1738 Section 1738. 100.30 (2) (am) 1m. a., b., c., d. and e. of the statutes are amended to read:

AB43,,4594 100.30 (2) (am) 1m. a. In the case of the retail sale of motor vehicle fuel by a refiner at a retail station owned or operated either directly or indirectly by the refiner, the refiner’s lowest selling price to other retailers or to wholesalers of motor vehicle fuel on the date of the refiner’s retail sale, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost of the motor vehicle fuel, plus a markup of 9.18 percent of that amount to cover a proportionate part of the cost of doing business; or the average posted terminal price at the terminal located closest to the retail station plus a markup of 9.18 percent of the average posted terminal price to cover a proportionate part of the cost of doing business; whichever is greater.

AB43,,4595 b. In the case of the retail sale of motor vehicle fuel by a wholesaler of motor vehicle fuel, who is not a refiner, at a retail station owned or operated either directly or indirectly by the wholesaler of motor vehicle fuel, the invoice cost of the motor vehicle fuel to the wholesaler of motor vehicle fuel within 10 days prior to the date of sale, or the replacement cost of the motor vehicle fuel, whichever is lower, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale, and any cost incurred for transportation and any other charges not otherwise included in the invoice cost or replacement cost of the motor vehicle fuel, plus a markup of 9.18 percent of that amount to cover a proportionate part of the cost of doing business; or the average posted terminal price at the terminal located closest to the retail station plus a markup of 9.18 percent of the average posted terminal price to cover a proportionate part of the cost of doing business; whichever is greater.

AB43,,4596 c. In the case of the retail sale of motor vehicle fuel by a person other than a refiner or a wholesaler of motor vehicle fuel at a retail station, the invoice cost of the motor vehicle fuel to the retailer within 10 days prior to the date of sale, or the replacement cost of the motor vehicle fuel, whichever is lower, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost or the replacement cost of the motor vehicle fuel, plus a markup of 6 percent of that amount to cover a proportionate part of the cost of doing business; or the average posted terminal price at the terminal located closest to the retailer plus a markup of 9.18 percent of the average posted terminal price to cover a proportionate part of the cost of doing business; whichever is greater.

AB43,,4597 d. In the case of a retail sale of motor vehicle fuel by a refiner at a place other than a retail station, the refiner’s lowest selling price to other retailers or to wholesalers of motor vehicle fuel on the date of the refiner’s retail sale, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost of the motor vehicle fuel to which shall be added a markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be 3 percent of the cost to the retailer as set forth in this subd. 1m. d.

AB43,,4598 e. In the case of a retail sale of motor vehicle fuel by a person other than a refiner at a place other than a retail station, the invoice cost of the motor vehicle fuel to the retailer within 10 days prior to the date of the sale, or the replacement cost of the motor vehicle fuel, whichever is lower, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost or the replacement cost of the motor vehicle fuel to which shall be added a markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be 3 percent of the cost to the retailer as set forth in this subd. 1m. e.

AB43,1739 Section 1739. 100.30 (2) (c) 1g. of the statutes is amended to read:

AB43,,4600 100.30 (2) (c) 1g. With respect to the wholesale sale of motor vehicle fuel by a refiner, “cost to wholesaler” means the refiner’s lowest selling price to other retailers or to wholesalers of motor vehicle fuel on the date of the refiner’s wholesale sale, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost of the motor vehicle fuel, to which shall be added a markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be 3 percent of the cost to the wholesaler as set forth in this subdivision.

AB43,1740 Section 1740. 100.30 (2) (c) 1r. of the statutes is amended to read:

AB43,,4602 100.30 (2) (c) 1r. With respect to the wholesale sale of motor vehicle fuel by a person other than a refiner, “cost to wholesaler” means the invoice cost of the motor vehicle fuel to the wholesaler of motor vehicle fuel within 10 days prior to the date of the sale or the replacement cost of the motor vehicle fuel, whichever is lower, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost or the replacement cost of the motor vehicle fuel to which shall be added a markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be 3 percent of the cost to the wholesaler as set forth in this subdivision.

AB43,1741 Section 1741. 101.022 of the statutes is amended to read:

AB43,,4604 101.022 Certain laws applicable to occupational licenses. Sections 440.03 (1), (3m), (4), (11m), and (13) (a), (am), and (b) 75., 440.05 (1) (a) and (2) (b), 440.07 (2) (b), 440.075, 440.09 (2), 440.11, 440.12, 440.121, 440.13, 440.14, 440.15, 440.19, 440.20 (1), (3), (4) (a), and (5) (a), 440.205, 440.21, and 440.22, and the requirements imposed on the department under those statutes, apply to occupational licenses, as defined in s. 101.02 (1) (a) 2., in the same manner as those statutes apply to credentials, as defined in s. 440.01 (2) (a).

AB43,1742 Section 1742. 101.123 (1) (h) (intro.) of the statutes is amended to read:

AB43,,4606 101.123 (1) (h) (intro.) “Smoking” means burning any of the following:

AB43,,4607 1m. Burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco:

AB43,1743 Section 1743. 101.123 (1) (h) 1. of the statutes is renumbered 101.123 (1) (h) 1m. a.

AB43,1744 Section 1744. 101.123 (1) (h) 2. of the statutes is renumbered 101.123 (1) (h) 1m. b.

AB43,1745 Section 1745. 101.123 (1) (h) 2m. of the statutes is created to read:

AB43,,4611 101.123 (1) (h) 2m. Inhaling or exhaling vapor from a vapor product.

AB43,1746 Section 1746. 101.123 (1) (h) 3. of the statutes is renumbered 101.123 (1) (h) 1m. c.

AB43,1747 Section 1747. 101.123 (1) (h) 4. of the statutes is renumbered 101.123 (1) (h) 1m. d.

AB43,1748 Section 1748. 101.123 (1) (k) of the statutes is created to read:

AB43,,4615 101.123 (1) (k) “Vapor product” has the meaning given in s. 139.75 (14).

AB43,1749 Section 1749. 101.91 (5m) of the statutes is amended to read:

AB43,,4617 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.

AB43,1750 Section 1750. 102.07 (5) (b) of the statutes is amended to read:

AB43,,4619 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.

AB43,1751 Section 1751. 102.07 (5) (c) of the statutes is amended to read:

AB43,,4621 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.

AB43,1752 Section 1752. 102.125 (1m) of the statutes is created to read:

AB43,,4623 102.125 (1m) Application and premium fraud. If an insurer has evidence that an application for worker’s compensation insurance coverage is fraudulent or that an employer has committed fraud by misclassifying employees to lower the employer’s worker’s compensation insurance premiums in violation of s. 943.395, the insurer shall report the claim to the department. The department may require an insurer to investigate an allegedly fraudulent application or alleged fraud by misclassification of employees and may provide the insurer with any records of the department relating to that alleged fraud. An insurer that investigates alleged fraud under this subsection shall report the results of that investigation to the department.

AB43,1753 Section 1753. 102.125 (2) of the statutes is amended to read:

AB43,,4625 102.125 (2) Assistance by department of justice. The department of workforce development may request the department of justice to assist the department of workforce development in an investigation under sub. (1) or (1m) or in the investigation of any other suspected fraudulent activity on the part of an employer, employee, insurer, health care provider, or other person related to worker’s compensation.

AB43,1754 Section 1754. 102.125 (3) of the statutes is amended to read:

AB43,,4627 102.125 (3) Prosecution. If based on an investigation under sub. (1), (1m), or (2) the department has a reasonable basis to believe that a violation of s. 943.20, 943.38, 943.39, 943.392, 943.395, 943.40, or any other criminal law has occurred, the department shall refer the results of the investigation to the department of justice or to the district attorney of the county in which the alleged violation occurred for prosecution.

AB43,1755 Section 1755. 102.13 (1) (a) of the statutes is amended to read:

AB43,,4629 102.13 (1) (a) Except as provided in sub. (4), whenever compensation is claimed by an employee, the employee shall, upon the written request of the employee’s employer or worker’s compensation insurer, submit to reasonable examinations by physicians, chiropractors, psychologists, dentists, physician assistants, advanced practice nurse prescribers registered nurses, or podiatrists provided and paid for by the employer or insurer. No employee who submits to an examination under this paragraph is a patient of the examining physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse prescriber, or podiatrist for any purpose other than for the purpose of bringing an action under ch. 655, unless the employee specifically requests treatment from that physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse prescriber, or podiatrist.

AB43,1756 Section 1756. 102.13 (1) (b) (intro.), 1., 3. and 4. of the statutes are amended to read:

AB43,,4631 102.13 (1) (b) (intro.) An employer or insurer who requests that an employee submit to reasonable examination under par. (a) or (am) shall tender to the employee, before the examination, all necessary expenses including transportation expenses. The employee is entitled to have a physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse prescriber, or podiatrist provided by himself or herself present at the examination and to receive a copy of all reports of the examination that are prepared by the examining physician, chiropractor, psychologist, podiatrist, dentist, physician assistant, advanced practice registered nurse prescriber, or vocational expert immediately upon receipt of those reports by the employer or worker’s compensation insurer. The employee is entitled to have one observer provided by himself or herself present at the examination. The employee is also entitled to have a translator provided by himself or herself present at the examination if the employee has difficulty speaking or understanding the English language. The employer’s or insurer’s written request for examination shall notify the employee of all of the following:

AB43,,4632 1. The proposed date, time, and place of the examination and the identity and area of specialization of the examining physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, advanced practice registered nurse prescriber, or vocational expert.

AB43,,4633 3. The employee’s right to have his or her physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse prescriber, or podiatrist present at the examination.

AB43,,4634 4. The employee’s right to receive a copy of all reports of the examination that are prepared by the examining physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, advanced practice registered nurse prescriber, or vocational expert immediately upon receipt of these reports by the employer or worker’s compensation insurer.

AB43,1757 Section 1757. 102.13 (1) (d) 1., 2., 3. and 4. of the statutes are amended to read:

AB43,,4636 102.13 (1) (d) 1. Any physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, advanced practice registered nurse prescriber, or vocational expert who is present at any examination under par. (a) or (am) may be required to testify as to the results of the examination.

AB43,,4637 2. Any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse prescriber, or podiatrist who attended a worker’s compensation claimant for any condition or complaint reasonably related to the condition for which the claimant claims compensation may be required to testify before the division when the division so directs.

AB43,,4638 3. Notwithstanding any statutory provisions except par. (e), any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse prescriber, or podiatrist attending a worker’s compensation claimant for any condition or complaint reasonably related to the condition for which the claimant claims compensation may furnish to the employee, employer, worker’s compensation insurer, department, or division information and reports relative to a compensation claim.

AB43,,4639 4. The testimony of any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice registered nurse prescriber, or podiatrist who is licensed to practice where he or she resides or practices in any state and the testimony of any vocational expert may be received in evidence in compensation proceedings.

AB43,1758 Section 1758. 102.13 (2) (a) of the statutes is amended to read:

AB43,,4641 102.13 (2) (a) An employee who reports an injury alleged to be work-related or files an application for hearing waives any physician-patient, psychologist-patient, or chiropractor-patient privilege with respect to any condition or complaint reasonably related to the condition for which the employee claims compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, advanced practice registered nurse prescriber, hospital, or health care provider shall, within a reasonable time after written request by the employee, employer, worker’s compensation insurer, department, or division, or its representative, provide that person with any information or written material reasonably related to any injury for which the employee claims compensation. If the request is by a representative of a worker’s compensation insurer for a billing statement, the physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, advanced practice registered nurse prescriber, hospital, or health care provider shall, within 30 days after receiving the request, provide that person with a complete copy of an itemized billing statement or a billing statement in a standard billing format recognized by the federal government.

AB43,1759 Section 1759. 102.13 (2) (b) of the statutes is amended to read:

AB43,,4643 102.13 (2) (b) A physician, chiropractor, podiatrist, psychologist, dentist, physician assistant, advanced practice registered nurse prescriber, hospital, or health service provider shall furnish a legible, certified duplicate of the written material requested under par. (a) in paper format upon payment of the actual costs of preparing the certified duplicate, not to exceed the greater of 45 cents per page or $7.50 per request, plus the actual costs of postage, or shall furnish a legible, certified duplicate of that material in electronic format upon payment of $26 per request. Any person who refuses to provide certified duplicates of written material in the person’s custody that is requested under par. (a) shall be liable for reasonable and necessary costs and, notwithstanding s. 814.04 (1), reasonable attorney fees incurred in enforcing the requester’s right to the duplicates under par. (a).

AB43,1760 Section 1760. 102.16 (4) of the statutes is amended to read:

AB43,,4645 102.16 (4) The department and the division have jurisdiction to pass on any question arising out of sub. (3) and to order the employer to reimburse an employee or other person for any sum deducted from wages or paid by him or her in violation of that subsection. In addition to the any penalty provided in s. 102.85 (1), any employer violating sub. (3) shall be liable to an injured employee for the reasonable value of the necessary services rendered to that employee under any arrangement made in violation of sub. (3) without regard to that employee’s actual disbursements for those services.

AB43,1761 Section 1761. 102.17 (1) (d) 1. and 2. of the statutes are amended to read:

AB43,,4647 102.17 (1) (d) 1. The contents of certified medical and surgical reports by physicians, podiatrists, surgeons, dentists, psychologists, physician assistants, advanced practice nurse prescribers registered nurses, and chiropractors licensed in and practicing in this state, and of certified reports by experts concerning loss of earning capacity under s. 102.44 (2) and (3), presented by a party for compensation constitute prima facie evidence as to the matter contained in those reports, subject to any rules and limitations the division prescribes. Certified reports of physicians, podiatrists, surgeons, dentists, psychologists, physician assistants, advanced practice nurse prescribers registered nurses, and chiropractors, wherever licensed and practicing, who have examined or treated the claimant, and of experts, if the practitioner or expert consents to being subjected to cross-examination, also constitute prima facie evidence as to the matter contained in those reports. Certified reports of physicians, podiatrists, surgeons, psychologists, and chiropractors are admissible as evidence of the diagnosis, necessity of the treatment, and cause and extent of the disability. Certified reports by doctors of dentistry, physician assistants, and advanced practice nurse prescribers registered nurses are admissible as evidence of the diagnosis and necessity of treatment but not of the cause and extent of disability. Any physician, podiatrist, surgeon, dentist, psychologist, chiropractor, physician assistant, advanced practice registered nurse prescriber, or expert who knowingly makes a false statement of fact or opinion in a certified report may be fined or imprisoned, or both, under s. 943.395.

AB43,,4648 2. The record of a hospital or sanatorium in this state that is satisfactory to the division, established by certificate, affidavit, or testimony of the supervising officer of the hospital or sanatorium, any other person having charge of the record, or a physician, podiatrist, surgeon, dentist, psychologist, physician assistant, advanced practice registered nurse prescriber, or chiropractor to be the record of the patient in question, and made in the regular course of examination or treatment of the patient, constitutes prima facie evidence as to the matter contained in the record, to the extent that the record is otherwise competent and relevant.

AB43,1762 Section 1762. 102.17 (9) (a) 1. of the statutes is renumbered 102.17 (9) (a) 1m. and amended to read:

AB43,,4650 102.17 (9) (a) 1m. “Fire fighter” means any person employed on a full-time basis by the state or any political subdivision as a member or officer of a fire department, including the 1st class cities and state fire marshal and deputies or an individual who volunteers as a member or officer of such a department.

AB43,1763 Section 1763. 102.17 (9) (a) 1c. of the statutes is created to read:

AB43,,4652 102.17 (9) (a) 1c. “Correctional officer” has the meaning given in s. 102.475 (8) (a).

AB43,1764 Section 1764. 102.17 (9) (a) 1e. of the statutes is created to read:

AB43,,4654 102.17 (9) (a) 1e. “Emergency medical responder” has the meaning given in s. 256.01 (4p).

AB43,1765 Section 1765. 102.17 (9) (a) 1g. of the statutes is created to read:

AB43,,4656 102.17 (9) (a) 1g. “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).