AB75: Bill Text

AB75,1313,11 (a) "Department" means the department of justice.

AB75,1313,12 (b) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).

AB75,1313,17 (c) "Law enforcement officer" means a person who is employed by a law enforcement agency for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances.

AB75,1313,22 (d) "Motor vehicle stop" means a stop or detention of a motor vehicle that is traveling in, or the detention of an occupied motor vehicle that is already stopped in, any public or private place in a county having a population of 125,000 or more, for the purpose of investigating any alleged or suspected violation of a state or federal law or city, village, town, or county ordinance.

AB75,1314,2 (2) Information collection required. All persons in charge of law enforcement agencies shall obtain, or cause to be obtained, all of the following information with respect to each motor vehicle stop made on or after January 1, 2011, by a law enforcement officer employed by the law enforcement agency:

AB75,1314,6 (a) The name, address, gender, and race of the operator of the motor vehicle. If information regarding the operator's race is not available to the officer through an electronic database or other similar source, the officer shall subjectively select the operator's race from the following list:

AB75,1314,7 1. Caucasian.

AB75,1314,8 2. African American.

AB75,1314,9 3. Hispanic.

AB75,1314,10 4. American Indian or Alaska Native.

AB75,1314,11 5. Asian or Pacific Islander.

AB75,1314,12 (b) The reason that the officer stopped or detained the motor vehicle.

AB75,1314,13 (c) The make and year of the motor vehicle.

AB75,1314,14 (d) The date, time, and location of the motor vehicle stop.

AB75,1314,17 (e) Whether or not a law enforcement officer conducted a search of the motor vehicle, the operator, or any passenger and, if so, whether the search was with consent or by other means.

AB75,1314,21 (f) The name, address, gender, and race of any person searched, with the officer obtaining information regarding the person' race from any available electronic database or other similar source if possible or, if not possible, by subjectively selecting the person's race from the list under par. (a).

AB75,1314,22 (g) The name and badge number of the officer making the motor vehicle stop.

AB75,1315,2 (3) Submission of information collected. The person in charge of a law enforcement agency shall submit the information obtained under sub. (2) to the department using the form prescribed by the rules promulgated under sub. (5) and in accordance with the reporting schedule established under the rules promulgated under sub. (5).

AB75,1315,8 (4) Analysis and report by department. (a) The department shall compile the information submitted to it by law enforcement agencies under sub. (3) and shall analyze the information, along with any other relevant information, to determine, both for each law enforcement agency submitting information under sub. (3) and as an aggregated total for all law enforcement agencies submitting information under sub. (3), all of the following:

AB75,1315,18 1. Whether the number of motor vehicle stops and searches involving motor vehicles operated or occupied by members of a racial minority compared to the number of motor vehicle stops and searches involving motor vehicles operated or occupied solely by persons who are not members of a racial minority is disproportionate based on an estimate of the population and characteristics of persons traveling on highways in the counties for which information is submitted under sub. (3), on an estimate of the populations and characteristics of persons traveling on highways in the counties for which information is submitted under sub. (3) who are violating a law or ordinance, or on some other relevant population estimate.

AB75,1315,21 2. A determination as to whether any disproportion found under subd. 1. is the result of racial profiling, racial stereotyping, or other race-based discrimination or selective enforcement.

AB75,1316,3 (b) For each year, the department shall prepare an annual report that summarizes the information submitted to it under sub. (3) concerning motor vehicle stops made during the year and that describes the methods and conclusions of its analysis of the information. On or before March 31, 2012, and on or before each March 31 thereafter, the department shall submit the annual report required under this paragraph to the legislature under s. 13.172 (2), to the governor, and to the director of state courts.

AB75,1316,11 (5) Rules. The department shall promulgate rules to implement the requirements of this section, including rules prescribing a form for use in obtaining information under sub. (2) and establishing a schedule for submitting the information obtained to the department. The department shall make the form prescribed by its rules available to law enforcement agencies. The department may, by rule, require the collection of information in addition to that specified in sub. (2) (a) to (g) if the department determines that the information will help to make the determinations required under sub. (4) (a).

AB75,1316,13 (6) Access to records. Information collected under sub. (2) is not subject to inspection or copying under s. 19.35 (1).

AB75, s. 2450 Section 2450. 165.85 (4) (b) 1d. f. of the statutes is created to read:

AB75,1316,21 165.85 (4) (b) 1d. f. Training concerning cultural diversity, including sensitivity toward racial and ethnic differences. The training shall be designed to prevent the use of race, racial profiling, racial stereotyping, or other race-based discrimination or selection as a basis for detaining, searching, or arresting a person or for otherwise treating a person differently from persons of other races and shall emphasize the fact that the primary purposes of enforcement of traffic regulations are safety and equal and uniform enforcement under the law.

AB75, s. 2451 Section 2451. 167.10 (7) of the statutes is amended to read:

AB75,1317,2 167.10 (7) Parental liability. A parent, foster parent, treatment foster parent, family-operated group home parent, or legal guardian of a minor who consents to the use of fireworks by the minor is liable for damages caused by the minor's use of the fireworks.

AB75, s. 2452 Section 2452. 167.31 (4) (cg) 5. of the statutes is amended to read:

AB75,1317,6 167.31 (4) (cg) 5. The vehicle bears a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m) or (1r) or displays a sign that is at least 11 inches square on which is conspicuously written "disabled hunter".

AB75, s. 2453 Section 2453. 175.35 (2i) of the statutes is amended to read:

AB75,1317,13 175.35 (2i) The department shall charge a firearms dealer an $8 a $30 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (c). The firearms dealer may collect the fee from the transferee. The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection within 30 days after billing by the department.

AB75, s. 2454 Section 2454. 196.025 (1) (ag) 2. of the statutes is amended to read:

AB75,1317,16 196.025 (1) (ag) 2. "Wholesale supplier" has the meaning given in s. 16.957 196.3746 (1) (w).

AB75, s. 2455 Section 2455. 196.07 (1) of the statutes is amended to read:

AB75,1317,23 196.07 (1) Each public utility shall close its accounts annually on December 31 and promptly prepare a balance sheet of that date. On or before the following April 1 every public utility shall file with the commission the balance sheet together with any other information the commission prescribes, verified by an officer of the public utility. The commission, for good cause shown, may extend the time for filing the balance sheet and prescribed information.

AB75, s. 2456 Section 2456. 196.09 (9) (a) 2. of the statutes is amended to read:

AB75,1318,5 196.09 (9) (a) 2. The commission shall review biennially triennially the guidelines established under subd. 1., except that if the commission receives, more than 365 days before the deadline for a biennial review, a written request from a telecommunications utility for a review, the commission shall review the guidelines no later than 365 days after receiving the request.

AB75, s. 2457 Section 2457 . 196.196 (5) (f) 1. (intro.) of the statutes is amended to read:

AB75,1318,13 196.196 (5) (f) 1. (intro.) Before January 1, 1996, and biennially thereafter Biennially, the commission shall submit a report to the joint committee on information policy and technology legislature under s. 13.172 (2) describing the status of investments in advanced telecommunications infrastructure in this state. The report shall include information on the progress made in all of the following areas uses if the commission determines that there are issues with the availability or deployment of telecommunications infrastructure for those uses:

AB75, s. 2458 Section 2458. 196.196 (5) (f) 1. e. of the statutes is repealed.

AB75, s. 2459 Section 2459. 196.196 (5) (f) 1. f. of the statutes is amended to read:

AB75,1318,17 196.196 (5) (f) 1. f. Other infrastructure investments uses identified by the commission.

AB75, s. 2460 Section 2460. 196.196 (5) (f) 3. of the statutes is amended to read:

AB75,1318,20 196.196 (5) (f) 3. The commission may shall combine its report under this paragraph with its report under s. 196.218 (5r).

AB75, s. 2461 Section 2461. 196.218 (3) (a) 3. b. of the statutes is amended to read:

AB75,1318,23 196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (3) (q) and, (qm), and (r), 20.285 (1) (q), and 20.505 (4) (s), (t), (tm), (tu), and (tw).

AB75, s. 2462 Section 2462. 196.218 (4) of the statutes is amended to read:

AB75,1319,19 196.218 (4) Essential services and advanced service capabilities. Before January 1, 1996, and biennially thereafter, the The commission shall promulgate rules that define a basic set of essential telecommunications services that shall be available to all customers at affordable prices and that are a necessary component of universal service. Before January 1, 1996, and biennially thereafter, the The commission shall promulgate rules that define a set of advanced service capabilities that shall be available to all areas of this state at affordable prices within a reasonable time and that are a necessary component of universal service. For rules promulgated before January 1, 1996, a reasonable time for the availability of the defined set of advance service capabilities shall be no later than January 1, 2005, and, for rules promulgated thereafter after December 31, 1995, a reasonable time for the availability of additional advanced service capabilities in the defined set shall be no later than 7 years after the effective date of the rules. These essential services and advanced service capabilities shall be based on market, social, economic development and infrastructure development principles rather than on specific technologies or providers. Essential services include single-party service with touch-tone capability, line quality capable of carrying facsimile and data transmissions, equal access, emergency services number capability, a statewide telecommunications relay service and blocking of long distance toll service.

AB75, s. 2463 Section 2463. 196.218 (5) (a) 13. of the statutes is created to read:

AB75,1319,22 196.218 (5) (a) 13. To pay the costs of library service contracts under s. 43.03 (6) and (7).

AB75, s. 2464 Section 2464. 196.218 (5m) of the statutes is amended to read:

AB75,1319,25 196.218 (5m) Rule review. At least biennially, the The commission shall review and revise as appropriate rules promulgated under this section.

AB75, s. 2465 Section 2465. 196.218 (5r) (a) (intro.) of the statutes is amended to read:

AB75,1320,5 196.218 (5r) (a) (intro.) Annually Biennially, the commission shall submit a universal service fund report to the joint committee on information policy and technology legislature under s. 13.172 (2). The report shall include information about all of the following:

AB75, s. 2466 Section 2466. 196.374 (1) (f) of the statutes is amended to read:

AB75,1320,11 196.374 (1) (f) "Load management program" means a program to allow an energy utility, municipal utility, wholesale electric cooperative, as defined in s. 16.957 196.3746 (1) (v), retail electric cooperative, or municipal electric company, as defined in s. 66.0825 (3) (d), to control or manage daily or seasonal customer demand associated with equipment or devices used by customers or members.

AB75, s. 2467 Section 2467. 196.374 (1) (h) of the statutes is amended to read:

AB75,1320,14 196.374 (1) (h) "Municipal utility" has the meaning given in s. 16.957 196.3746 (1) (q).

AB75, s. 2468 Section 2468. 196.374 (1) (L) of the statutes is amended to read:

AB75,1320,17 196.374 (1) (L) "Retail electric cooperative" has the meaning given in s. 16.957 196.3746 (1) (t).

AB75, s. 2469 Section 2469. 196.374 (1) (n) of the statutes is amended to read:

AB75,1320,20 196.374 (1) (n) "Wholesale supplier" has the meaning given in s. 16.957 196.3746 (1) (w).

AB75, s. 2470 Section 2470. 196.374 (1) (o) of the statutes is amended to read:

AB75,1320,23 196.374 (1) (o) "Wholesale supply percentage" has the meaning given in s. 16.957 196.3746 (1) (x).

AB75, s. 2471 Section 2471. 196.374 (2) (d) of the statutes is created to read:

AB75,1321,6 196.374 (2) (d) Immediate savings energy efficiency programs. 1. The commission may, upon application by an energy utility, authorize the energy utility to administer, fund, or provide administrative services for an immediate savings energy efficiency program that invests in energy efficiency improvements for utility customers in which the costs borne by a customer for an improvement are offset by the energy savings resulting from the improvement.

AB75,1321,12 2. An energy utility for which an immediate savings energy efficiency program is authorized under subd. 1. shall file a tariff specifying the terms and conditions of utility and nonutility service provided to customers for whom improvements are made under the program. A tariff filed under this subdivision shall have no effect until approved by the commission. A tariff filed by an energy utility under this subdivision shall include all of the following:

AB75,1321,14 a. Terms and conditions for billing customers for utility and nonutility service related to improvements benefiting the customers.

AB75,1321,18 b. A contract between the energy utility and an owner of property benefited by an improvement that requires the owner to inform any property lessees who are liable for utility service that the cost of the improvement will appear on the lessees' utility bills.

AB75,1321,23 c. A contract between the energy utility and an owner of property benefited by an improvement that requires the owner to inform any purchaser of the property that the purchaser, or any other person who is liable for utility service at the property, is liable for the unpaid cost of the improvement and that such unpaid cost will appear on utility bills for the property.

AB75,1321,24 d. Any other term or condition required by the commission.

AB75,1322,6 3. An energy utility for which a tariff is approved under subd. 2. for an immediate savings energy efficiency program may include a separate line item on bills of a customer at a property benefited by an improvement made under the program that offsets the costs of the program borne by the customer with the energy savings resulting from the improvement. Notwithstanding s. 218.04, an energy utility need not obtain a license as a collection agency for this billing practice.

AB75,1322,10 4. Any costs that an energy utility incurs to administer, fund, or provide administrative services for an immediate savings energy efficiency program are in addition to the amounts the commission shall require the energy utility to spend under sub. (3) (b) 2.

AB75,1322,12 5. An energy utility may not recover from ratepayers any bad debt related to nonutility services provided under an immediate savings energy efficiency program.

AB75, s. 2472 Section 2472. 196.374 (3) (a) of the statutes is amended to read:

AB75,1322,23 196.374 (3) (a) In general. The commission shall have oversight of programs under sub. (2). The commission shall maximize coordination of program delivery, including coordination between programs under subs. (2) (a) 1., (b) 1. and 2., and (c) and (7), ordered programs, low-income weatherization programs under s. 16.957 196.3746, renewable resource programs under s. 196.378, and other energy efficiency or renewable resource programs. The commission shall cooperate with the department of natural resources to ensure coordination of energy efficiency and renewable resource programs with air quality programs and to maximize and document the air quality improvement benefits that can be realized from energy efficiency and renewable resource programs.

AB75, s. 2473 Section 2473. 196.3746 (2) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75,1323,6 196.3746 (2) (a) Low-income programs. After holding a hearing, establish programs to be administered by the commission for awarding grants from the appropriation under s. 20.155 (3) (r) to provide low-income assistance. In each fiscal year, the amount awarded under this paragraph shall be sufficient to ensure that an amount equal to 47% of the sum of the following is spent for weatherization and other energy conservation services:

AB75,1323,8 1. All moneys received from the federal government under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in a fiscal year.

AB75,1323,10 2. All moneys spent in a fiscal year for low-income programs established under s. 196.374, 2003 stats.

AB75,1323,12 3. All moneys spent in a fiscal year on programs established under this paragraph.

AB75,1323,13 4. The moneys collected in low-income assistance fees under sub. (5) (a).

AB75, s. 2474 Section 2474. 196.3746 (2) (d) 2m. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed.

AB75, s. 2475 Section 2475. 196.378 (1) (p) of the statutes is amended to read:

AB75,1323,18 196.378 (1) (p) "Wholesale supplier" has the meaning given in s. 16.957 196.3746 (1) (w).

AB75, s. 2476 Section 2476. 196.859 of the statutes is created to read:

AB75,1323,22 196.859 Assessment for telecommunications utility trade practices. (1) The commission shall annually assess against telecommunications utilities the total of the amount appropriated under s. 20.115 (1) (jm).

AB75,1324,4 (2) The commission shall assess a sum equal to the annual total amount under sub. (1) to telecommunications utilities in proportion to their gross operating revenues during the last calendar year. A telecommunications utility shall pay the assessment within 30 days after the bill has been mailed to the assessed telecommunications utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation account under s. 20.115 (1) (jm).