AB50,838,222100.145 Recreational marijuana logotype. The department shall design
1an official logotype appropriate for including on a label affixed to recreational 2marijuana under s. 139.973 (10) (a). AB50,15933Section 1593. 100.2091 of the statutes is created to read: AB50,838,74100.2091 Broadband; discrimination prohibited. (1) No broadband 5service provider may deny access to broadband service to any group of potential 6residential customers because of the race or income of the residents in the area in 7which the group resides. AB50,838,128(2) It is a defense to an alleged violation of sub. (1) based on income if, no later 9than 3 years after the date on which the broadband service provider began 10providing broadband service in this state, at least 30 percent of the households with 11access to the broadband service provider’s broadband service in the area in which a 12group of potential residential customers resides are low-income households. AB50,838,2113(3) The department may enforce this section and may promulgate rules to 14implement and administer this section, including rules that define low-income 15households, and to align department rules with federal communications 16commission broadband rules. The department of justice may represent the 17department in an action to enforce this section. If the court finds that a broadband 18service provider has not complied with this section, the court shall order the 19broadband service provider to comply with this section within a reasonable amount 20of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable 21attorney fees, to the department of justice. AB50,839,422(4) Any person that is affected by a failure to comply with this section may 23bring an action to enforce this section. If a court finds that a broadband service
1provider has not complied with this section, the court shall order the broadband 2service provider to comply with this section within a reasonable amount of time 3and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney 4fees, to the person affected. AB50,15945Section 1594. 100.2092 of the statutes is created to read: AB50,839,106100.2092 Broadband service subscriber rights. (1) Rights. (a) A 7broadband service provider shall repair broadband service within 72 hours after a 8subscriber reports a service interruption or requests the repair if the service 9interruption is not the result of a major system-wide or large area emergency, such 10as a natural disaster. AB50,839,1411(b) Upon notification by a subscriber of a service interruption, a broadband 12service provider shall give the subscriber a credit for one day of broadband service 13if broadband service is interrupted for more than 4 hours in one day and the 14interruption is caused by the broadband service provider. AB50,839,1815(c) Upon notification by a subscriber of a service interruption, a broadband 16service provider shall give the subscriber a credit for each hour that broadband 17service is interrupted if broadband service is interrupted for more than 4 hours in 18one day and the interruption is not caused by the broadband service provider. AB50,839,2119(d) Prior to entering into a service agreement with a subscriber, a broadband 20service provider shall disclose that a subscriber has a right to a credit for notifying 21the broadband service provider of a service interruption. AB50,839,2322(e) A broadband service provider shall provide broadband service that 23satisfies minimum standards established by the department by rule. AB50,840,2
1(f) A broadband service provider shall give a subscriber at least 30 days’ 2advance written notice before instituting a rate increase. AB50,840,53(g) A broadband service provider shall give a subscriber at least 7 days’ 4advance written notice of any scheduled routine maintenance that causes a service 5slowdown, interruption, or outage. AB50,840,86(h) A broadband service provider shall give a subscriber at least 10 days’ 7advance written notice of disconnecting service, unless the disconnection is 8requested by the subscriber. AB50,840,119(i) Prior to entering into a service agreement with a subscriber, a broadband 10service provider shall disclose the factors that may cause the actual broadband 11speed experience to vary, including the number of users and device limitations. AB50,840,1412(j) A broadband service provider shall provide broadband service to a 13subscriber as described in point-of-sale advertisements and representations made 14to the subscriber. AB50,840,1715(k) A broadband service provider shall give a subscriber at least 10 days’ 16advance written notice of a change in a factor that may cause the originally 17disclosed broadband speed experience to vary. AB50,840,2218(L) A broadband service provider shall allow a subscriber to terminate a 19contract and receive a full refund without fees if the provider sells a service that 20does not satisfy the requirements established under par. (e) and the broadband 21service provider does not satisfy the requirements established under par. (e) within 22one month of written notification from the subscriber. AB50,841,323(2) Advertising. A broadband service provider shall disclose the factors that
1may cause the actual broadband speed experience of a subscriber to vary, including 2the number of users and device limitations, in each advertisement of the speed of 3the provider’s service, including in all of the following types of advertisements: AB50,841,44(a) Television and other commercials. AB50,841,55(b) Internet and email advertisements. AB50,841,66(c) Print advertisements and bill inserts. AB50,841,87(d) Any other advertising method or solicitation for the sale of new or 8upgraded broadband service. AB50,841,119(3) Rules. The department may promulgate rules to implement and 10administer this section, including rules to align department rules with federal 11communications commission broadband rules. AB50,841,1512(4) Penalty; enforcement. (a) A person who violates this section may be 13required to forfeit not more than $1,000 for each violation and not more than 14$10,000 for each occurrence. Failure to give a notice required under sub. (1) (f) to 15more than one subscriber shall be considered one violation. AB50,841,1716(b) The department or a district attorney may institute civil proceedings 17under this section. AB50,159518Section 1595. 100.306 of the statutes is created to read: AB50,841,2019100.306 Prohibited selling practices upon the occurrence of a severe 20thunderstorm. (1) Definitions. In this section: AB50,841,2221(a) “Consumer goods or services” means goods or services that are used 22primarily for personal, family, or household purposes. AB50,842,223(b) “Restoration and mitigation services provider” means a person that
1provides a service to prevent further damage or provide protection to property 2following a fire, smoke, water, or storm event. AB50,842,43(c) “Severe thunderstorm” means a weather event in which any of the 4following occurs: AB50,842,551. Hail that is one inch or greater in diameter. AB50,842,662. Wind gusts in excess of 50 knots. AB50,842,128(2) Prohibition. Upon the occurrence of a severe thunderstorm, a residential 9building contractor, tree trimmer, or restoration and mitigation services provider 10operating within the geographic region impacted by the severe thunderstorm and 11repairing damage caused by the severe thunderstorm may not do any of the 12following: AB50,842,1513(a) Charge an unreasonably excessive price for labor in comparison to the 14market price charged for comparable services in the geographic region impacted by 15the severe thunderstorm. AB50,842,1916(b) Charge an insurance company a rate for a consumer good or service that 17exceeds what the residential building contractor, tree trimmer, or restoration and 18mitigation services provider would otherwise charge a member of the general public 19for the consumer good or service. AB50,842,2220(3) Rules. The department shall promulgate rules to establish formulas or 21other standards to be used in determining whether a price for labor is unreasonably 22excessive under sub. (2) (a). AB50,843,323(4) Enforcement; penalty. If a person violates sub. (2), the department or, 24after consulting with the department, the department of justice may commence an
1action against a person in the name of the state to recover a civil forfeiture of not 2more than $1,000 per violation or to temporarily or permanently restrain or enjoin 3the person from violating sub. (2), or both. AB50,15964Section 1596. 101.91 (5m) of the statutes is amended to read: AB50,843,105101.91 (5m) “Manufactured home community” means any plot or plots of 6ground upon which 3 or more manufactured homes that are occupied for dwelling or 7sleeping purposes are located. “Manufactured home community” does not include a 8farm where the occupants of the manufactured homes are the father, mother, son, 9daughter, brother or sister parents, children, or siblings of the farm owner or 10operator or where the occupants of the manufactured homes work on the farm. AB50,159711Section 1597. 102.07 (5) (b) of the statutes is amended to read: AB50,843,1412102.07 (5) (b) The parents, spouse, child, brother, sister, son-in-law, daughter-13in-law, father-in-law, mother-in-law parent-in-law, brother-in-law, or sister-in-law of 14a farmer shall not be deemed the farmer’s employees. AB50,159815Section 1598. 102.07 (5) (c) of the statutes is amended to read: AB50,843,2316102.07 (5) (c) A shareholder-employee of a family farm corporation shall be 17deemed a “farmer” for purposes of this chapter and shall not be deemed an 18employee of a farmer. A “family farm corporation” means a corporation engaged in 19farming all of whose shareholders are related as lineal ancestors or lineal 20descendants, whether by blood or by adoption, or as spouses, brothers, sisters, 21uncles, aunts, cousins, sons-in-law, daughters-in-law, fathers-in-law, mothers-in-22law parents-in-law, brothers-in-law, or sisters-in-law of such lineal ancestors or 23lineal descendants. AB50,1599
1Section 1599. 102.125 (1m) of the statutes is created to read: AB50,844,112102.125 (1m) Application and premium fraud. If an insurer has evidence 3that an application for worker’s compensation insurance coverage is fraudulent or 4that an employer has committed fraud by misclassifying employees to lower the 5employer’s worker’s compensation insurance premiums in violation of s. 943.395, 6the insurer shall report the claim to the department. The department may require 7an insurer to investigate an allegedly fraudulent application or alleged fraud by 8misclassification of employees and may provide the insurer with any records of the 9department relating to that alleged fraud. An insurer that investigates alleged 10fraud under this subsection shall report the results of that investigation to the 11department. AB50,160012Section 1600. 102.125 (2) of the statutes is amended to read: AB50,844,1813102.125 (2) Assistance by department of justice. The department of 14workforce development may request the department of justice to assist the 15department of workforce development in an investigation under sub. (1) or (1m) or 16in the investigation of any other suspected fraudulent activity on the part of an 17employer, employee, insurer, health care provider, or other person related to 18worker’s compensation. AB50,160119Section 1601. 102.125 (3) of the statutes is amended to read: AB50,845,220102.125 (3) Prosecution. If based on an investigation under sub. (1), (1m), 21or (2) the department has a reasonable basis to believe that a violation of s. 943.20, 22943.38, 943.39, 943.392, 943.395, 943.40, or any other criminal law has occurred, 23the department shall refer the results of the investigation to the department of
1justice or to the district attorney of the county in which the alleged violation 2occurred for prosecution. AB50,16023Section 1602. 102.16 (4) of the statutes is amended to read: AB50,845,114102.16 (4) The department and the division have jurisdiction to pass on any 5question arising out of sub. (3) and to order the employer to reimburse an employee 6or other person for any sum deducted from wages or paid by him or her in violation 7of that subsection. In addition to the any penalty provided in s. 102.85 (1), any 8employer violating sub. (3) shall be liable to an injured employee for the reasonable 9value of the necessary services rendered to that employee under any arrangement 10made in violation of sub. (3) without regard to that employee’s actual 11disbursements for those services. AB50,160312Section 1603. 102.17 (9) (a) 1. of the statutes is renumbered 102.17 (9) (a) 131m. and amended to read: AB50,845,1714102.17 (9) (a) 1m. “Fire fighter” means any person employed on a full-time 15basis by the state or any political subdivision as a member or officer of a fire 16department, including the 1st class cities and state fire marshal and deputies, or an 17individual who volunteers as a member or officer of a fire department. AB50,160418Section 1604. 102.17 (9) (a) 1c. of the statutes is created to read: AB50,845,2019102.17 (9) (a) 1c. “Correctional officer” has the meaning given in s. 102.475 20(8) (a). AB50,160521Section 1605. 102.17 (9) (a) 1e. of the statutes is created to read: AB50,845,2322102.17 (9) (a) 1e. “Emergency medical responder” has the meaning given in s. 23256.01 (4p). AB50,1606
1Section 1606. 102.17 (9) (a) 1g. of the statutes is created to read: AB50,846,32102.17 (9) (a) 1g. “Emergency medical services practitioner” has the meaning 3given in s. 256.01 (5). AB50,16074Section 1607. 102.17 (9) (a) 1p. of the statutes is created to read: AB50,846,105102.17 (9) (a) 1p. “Medicolegal investigation staff member” includes a chief 6deputy coroner, a deputy coroner, a deputy medical examiner, and any individual 7who assists the office of a coroner or medical examiner with an investigation of a 8death. “Medicolegal investigation staff member” does not include an individual 9performing solely administrative functions in the office of a coroner or medical 10examiner. AB50,160811Section 1608. 102.17 (9) (b) (intro.) of the statutes is amended to read: AB50,846,1912102.17 (9) (b) (intro.) Subject to par. (c), in the case of a mental injury that is 13not accompanied by a physical injury and that results in a diagnosis of post-14traumatic stress disorder in a law enforcement officer, as defined in s. 23.33 (1) (ig), 15an emergency medical responder, an emergency services practitioner, a correctional 16officer, a public safety answering point dispatcher, a coroner, a medical examiner, a 17medicolegal investigation staff member, or a fire fighter, the claim for compensation 18for the mental injury, in order to be compensable under this chapter, is subject to all 19of the following: AB50,160920Section 1609. 102.43 (9) (e) of the statutes is amended to read: AB50,847,221102.43 (9) (e) The employee’s employment with the employer has been 22suspended or terminated due to misconduct, as defined in s. 108.04 (5), or
1substantial fault, as defined in s. 108.04 (5g) (a), by the employee connected with 2the employee’s work. AB50,16103Section 1610. 102.75 (1m) of the statutes is amended to read: AB50,847,94102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 5102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a 6separate nonlapsible fund designated as the worker’s compensation operations 7fund. Moneys in the fund may be expended only as provided in ss. 20.427 (1) (ra) 8and 20.445 (1) (ra), (rb), and (rp) (rr) and may not be used for any other purpose of 9the state. AB50,161110Section 1611. 102.81 (2) of the statutes is amended to read: AB50,847,2311102.81 (2) The department may retain an insurance carrier or insurance 12service organization to process, investigate and pay claims under this section and 13may obtain excess or stop-loss reinsurance with an insurance carrier authorized to 14do business in this state in an amount that the secretary determines is necessary 15for the sound operation of the uninsured employers fund. In cases involving 16disputed claims, the department may retain an attorney to represent the interests 17of the uninsured employers fund and to make appearances on behalf of the 18uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 1920.930 and all provisions of subch. IV of ch. 16 do not apply to an attorney hired 20under this subsection. The charges for the services retained under this subsection 21shall be paid from the appropriation under s. 20.445 (1) (rp) (ra). The cost of any 22reinsurance obtained under this subsection shall be paid from the appropriation 23under s. 20.445 (1) (sm). AB50,161224Section 1612. 102.82 (2) (a) (intro.) of the statutes is amended to read: AB50,848,4
1102.82 (2) (a) (intro.) Except as provided in pars. (ag), (am), and (ar), all for a 2first or 2nd determination by the department that an employer was uninsured, an 3uninsured employers employer shall pay to the department the greater of the 4following: AB50,16135Section 1613. 102.82 (2) (ab) of the statutes is created to read: AB50,848,86102.82 (2) (ab) Except as provided in pars. (ag), (am), and (ar), for a 3rd 7determination by the department that an employer was uninsured, an uninsured 8employer shall pay to the department the greater of the following: AB50,848,1291. Three times the amount determined by the department to equal what the 10uninsured employer would have paid during periods of illegal nonpayment for 11worker’s compensation in the preceding 3-year period, based on the employer’s 12payroll in the preceding 3 years. AB50,848,13132. Three thousand dollars. AB50,161414Section 1614. 102.82 (2) (ad) of the statutes is created to read: AB50,848,1715102.82 (2) (ad) Except as provided in pars. (ag), (am), and (ar), for a 4th or 16subsequent determination by the department that an employer was uninsured, an 17uninsured employer shall pay to the department the greater of the following: AB50,848,21181. Four times the amount determined by the department to equal what the 19uninsured employer would have paid during periods of illegal nonpayment for 20worker’s compensation in the preceding 3-year period, based on the employer’s 21payroll in the preceding 3 years. AB50,848,22222. Four thousand dollars. AB50,161523Section 1615. 102.82 (2) (am) of the statutes is amended to read: AB50,849,4
1102.82 (2) (am) The department may waive any payment owed under par. (a), 2(ab), or (ad) by an uninsured employer if the department determines that the 3uninsured employer is subject to this chapter only because the uninsured employer 4has elected to become subject to this chapter under s. 102.05 (2) or 102.28 (2). AB50,16165Section 1616. 102.82 (2) (ar) of the statutes is amended to read: AB50,849,116102.82 (2) (ar) The department may waive any payment owed under par. (a), 7(ab), (ad), or (ag) or sub. (1) if the department determines that the sole reason for 8the uninsured employer’s failure to comply with s. 102.28 (2) is that the uninsured 9employer was a victim of fraud, misrepresentation or gross negligence by an 10insurance agent or insurance broker or by a person whom a reasonable person 11would believe is an insurance agent or insurance broker. AB50,161712Section 1617. 102.85 (1) of the statutes is repealed and recreated to read: AB50,849,1613102.85 (1) (a) If an employer has failed to comply with s. 102.16 (3) or 102.28 14(2), the employer shall, for a first violation, forfeit the greater of $1,000 or the 15amount of the premium that would have been payable for each time the employer 16failed to comply with s. 102.16 (3) or 102.28 (2). AB50,849,2017(b) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the 18employer shall, for a 2nd violation, forfeit the greater of $2,000 or 2 times the 19amount of the premium that would have been payable for each time the employer 20failed to comply with s. 102.16 (3) or 102.28 (2).
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