AB75: Bill Text

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).

AB75,1324,6 (3) Section 196.85 (3) to (8), as it applies to assessments under s. 196.85 (1) or (2), applies to assessments under this section.

AB75,1324,9 (4) A telecommunications utility may not recover the assessment under this section by billing a customer for the assessment on a separate line in a billing statement.

AB75, s. 2477 Section 2477. 227.01 (13) (t) of the statutes is amended to read:

AB75,1324,14 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.

AB75, s. 2478 Section 2478. 227.01 (13) (yL) of the statutes is created to read:

AB75,1324,17 227.01 (13) (yL) Relates to administration of the southeast Wisconsin transit capital assistance program under s. 85.11.

AB75, s. 2479 Section 2479. 227.42 (7) of the statutes is created to read:

AB75,1324,21 227.42 (7) This section does not apply to a determination issued under s. 101.055 (8) (cm), 103.10 (12) (bm), 106.50 (6) (c) 4., 106.52 (4) (a) 4m., 111.39 (4) (bm), or 230.85 (2) (c).

AB75, s. 2480 Section 2480. 227.54 of the statutes is amended to read:

AB75,1325,2 227.54 Stay of proceedings. The institution of the proceeding for review shall not stay enforcement of the agency decision. The reviewing court may order a stay upon such terms as it deems proper, except as otherwise provided in ss. 49.17 (7), 96.43 196.43, 253.06, and 448.02 (9).

AB75, s. 2481 Section 2481. 230.01 (3) of the statutes is amended to read:

AB75,1325,5 230.01 (3) Nothing in this chapter shall be construed to either infringe upon or supersede the rights guaranteed state employees under subch. V or VI of ch. 111.

AB75, s. 2482 Section 2482. 230.03 (3) of the statutes is amended to read:

AB75,1325,16 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

AB75, s. 2483 Section 2483. 230.04 (18) of the statutes is created to read:

AB75,1325,21 230.04 (18) The director may provide any services and materials to agencies and may charge the agencies for providing the services and materials. All moneys received from the charges shall be deposited in the appropriation account under s. 20.545 (1) (k).

AB75, s. 2484 Section 2484. 230.046 (10) (a) of the statutes is amended to read:

AB75,1325,24 230.046 (10) (a) Conduct off-the-job employee development and training programs relating to functions under this chapter or subch. V or VI of ch. 111.

AB75, s. 2485 Section 2485. 230.05 (9) of the statutes is created to read:

AB75,1326,4 230.05 (9) The administrator may provide any services and materials to agencies and may charge the agencies for providing the services and materials. All moneys received from the charges shall be deposited in the appropriation account under s. 20.545 (1) (k).

AB75, s. 2486 Section 2486. 230.08 (2) (eg) of the statutes is created to read:

AB75,1326,6 230.08 (2) (eg) A chief legal advisor position in each of the following agencies:

AB75,1326,7 1. Department of administration.

AB75,1326,8 3. Department of agriculture, trade and consumer protection.

AB75,1326,9 2. Department of children and families.

AB75,1326,10 4. Department of corrections.

AB75,1326,11 5. Department of health services.

AB75,1326,12 6. Department of natural resources.

AB75,1326,13 7. Department of transportation.

AB75,1326,14 8. Department of workforce development.

AB75, s. 2487 Section 2487. 230.08 (2) (pd) of the statutes is amended to read:

AB75,1326,17 230.08 (2) (pd) The chairperson of the parole earned release review commission.

AB75, s. 2488 Section 2488. 230.12 (3) (e) 1. of the statutes is amended to read:

AB75,1327,17 230.12 (3) (e) 1. The director, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V or VI of ch. 111 for which a representative is certified. The proposal shall include the salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 established under s. 20.923 (4g). The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.

AB75, s. 2489 Section 2489. 230.35 (2d) (e) of the statutes is amended to read:

AB75,1327,22 230.35 (2d) (e) For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

AB75, s. 2490 Section 2490. 230.35 (3) (e) 6. of the statutes is amended to read:

AB75,1328,2 230.35 (3) (e) 6. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this paragraph shall apply unless otherwise provided in a collective bargaining agreement.

AB75, s. 2491 Section 2491. 230.85 (2) of the statutes is renumbered 230.85 (2) (a) and amended to read:

AB75,1328,16 230.85 (2) (a) The division of equal rights shall receive and, except as provided in s. 230.45 (1m), investigate any complaint under sub. (1). In the course of investigating or otherwise processing such a complaint, the division of equal rights may require that an interview with any employee described in s. 230.80 (3), except a management or supervisory employee who is a party to or is immediately involved in the subject matter of the complaint, be conducted outside the presence of the appointing authority or any representative or agent thereof of the appointing authority unless the employee voluntarily requests that presence. An appointing authority shall permit an employee to be interviewed without loss of pay and to have an employee representative present at the interview. An appointing authority of an employee to be interviewed may require the division of equal rights to give the appointing authority reasonable notice prior to the interview.

AB75,1329,5 (b) If the division of equal rights finds probable cause to believe that a retaliatory action has occurred or was threatened, it the division may endeavor to remedy the problem through conference, conciliation, or persuasion. If that endeavor is not successful, the division of equal rights shall issue and serve a written notice of hearing, specifying the nature of the retaliatory action which that has occurred or was threatened, and requiring the person named, in this section called the "respondent", to answer the complaint at a hearing. The notice shall specify the place of hearing and a time of hearing not less than 30 days after service of the complaint upon the respondent nor less than 10 days after service of the notice of hearing. If, however, the division of equal rights determines that an emergency exists with respect to a complaint, the notice of hearing may specify a time of hearing within 30 days after service of the complaint upon the respondent, but not less than 10 days after service of the notice of hearing. The testimony at the hearing shall be recorded or taken down by a reporter appointed by the division of equal rights.

AB75, s. 2492 Section 2492. 230.85 (2) (c) of the statutes is created to read:

AB75,1329,13 230.85 (2) (c) If the division of equal rights finds no probable cause to believe that a retaliatory action has occurred or was threatened, the division shall dismiss the complaint. If the division of equal rights dismisses the complaint, the order of dismissal is the final determination of the division, which may be appealed under s. 230.87. The division of equal rights shall, by a notice to be served with the determination, notify the parties of the complainant's right to appeal the dismissal of the complaint to the circuit court under s. 230.87.

AB75, s. 2493 Section 2493. 230.88 (2) (b) of the statutes is amended to read:

AB75,1329,23 230.88 (2) (b) No collective bargaining agreement supersedes the rights of an employee under this subchapter. However, nothing in this subchapter affects any right of an employee to pursue a grievance procedure under a collective bargaining agreement under subch. V or VI of ch. 111, and if the division of equal rights determines that a grievance arising under such a collective bargaining agreement involves the same parties and matters as a complaint under s. 230.85, it shall order the arbitrator's final award on the merits conclusive as to the rights of the parties to the complaint, on those matters determined in the arbitration which were at issue and upon which the determination necessarily depended.