SB20: Bill Text

The bill requires wireless telecommunications providers to impose a 75-cent monthly surcharge on telephone numbers that have billable addresses in the state, except for telephone numbers for local governments and state agencies that operate emergency 911 telephone systems. The surcharge must be identified on a separate line on customer bills as "Wireless 911 Surcharge." A wireless telecommunications provider must pay the surcharge to the board, except for an initial one-year period during which 2% of the surcharge may be retained as reimbursement for collecting the surcharge. The board may promulgate rules to increase or decrease the surcharge, but the board may increase the surcharge only once per year. In addition, any increase must be uniform statewide and may not exceed 10 cents, and the surcharge may never exceed $1.

The board must deposit the surcharges in a wireless 911 fund that is created in the bill. From the fund, the board must make semiannual grants to: 1) wireless telecommunications providers and 2) cities, villages, towns, and counties (local governments) that operate wireless emergency 911 telephone systems. No more than 35% of the surcharges may be awarded in grants to wireless telecommunications providers and no more than 64% of the surcharges may be awarded in grants to local governments. No more than 1% of the surcharges may be used for the board's operating expenses.

A wireless telecommunications provider is eligible for a grant if it is subject to orders of the Federal Communications Commission (FCC) regarding emergency 911 wireless telephone service. The grants must be used for specified expenses incurred by wireless telecommunications providers to comply with the FCC's orders. The grants must be awarded in amounts that are directly proportional to the percentage of in-service wireless telephone numbers in this state that are billed to a wireless telecommunications provider. The bill also imposes record-keeping requirements on wireless telecommunications providers that receive grants.

A local government is eligible for a grant only if its governing body adopts a resolution stating its intent to provide emergency 911 wireless service within two years after the resolution's effective date. The resolution must include a schedule for planning and designing the facilities and equipment necessary for the service. In addition, after January 1, 2008, a local government is not eligible for a grant unless all of the local governments in the same county that provide emergency 911 wireless service submit a plan for combining the services in the most cost-effective manner. Also, after that same date, counties that jointly provide emergency 911 wireless service are not eligible for grants unless they submit plans for combining the service in the most cost-effective manner.

Grants to local governments may be used only for purposes related to emergency 911 wireless service that are specified in the bill. For local governments in a county with a population of 500,000 or less, the amount of a grant must be directly proportional to the percentage of in-service wireless telephone numbers in the state with billable addresses that are located in the territory of the local government. For local governments in a county with a population greater than 500,000, the amount of a grant for each city, village, or town must be equal to 93% of the amount that the city, village, or town would receive if it were located in a county with a population of 500,000 or less, and the amount of a grant to the county must be equal to 7% of the total amount that all cities, villages, and towns in that county would receive if they were located in a county with a population of 500,000 or less. In addition, the board may award supplemental grants to local governments that have already received grants, if the board determines that the local government has excessive costs in providing emergency 911 wireless service or is in an area that is underserved by wireless telecommunications providers. Before October 1, 2006, there is no limit on the amount of the 64% local government portion of the surcharges that may be used for supplemental grants. After that date, only 2% of the 64% may be used for supplemental grants.

The bill creates other requirements for the grant program, including the following:

1. The bill requires the board to contract for independent audits of grant applications.

2. The bill allows the board to withhold from public inspection any information the board receives that would aid the competitor of a wireless telecommunications provider. In addition, the board must establish procedures for internal management that limit the access that board members have to confidential business information of wireless telecommunications providers.

3. The bill prohibits local governments and other state agencies from requiring wireless telecommunications providers to collect or pay a surcharge or fee related to emergency 911 wireless service.

4. The bill creates immunity from civil liability for wireless telecommunications providers for damages resulting from any person's use of an emergency 911 wireless service for which a grant is made.

5. The bill requires the board to submit an annual report to the legislature regarding the grant program.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB20, s. 1 Section 1. 15.105 (28) of the statutes is created to read:

SB20,3,4 15.105 (28) Wireless 911 board. (a) There is created a wireless 911 board attached to the department of administration under s. 15.03 consisting of the following members:

SB20,3,6 1. One representative to the assembly, appointed by the speaker of the assembly.

SB20,4,2 2. One representative to the assembly, appointed by the assembly minority leader.

SB20,4,3 3. One senator, appointed by the president of the senate.

SB20,4,4 4. One senator, appointed by the senate minority leader.

SB20,4,6 5. Four persons who represent the interests of wireless providers, as defined in s. 146.70 (3m) (a) 4., appointed by the governor.

SB20,4,9 6. Four persons who represent the interests of cities, villages, towns, or counties that operate public safety answering points, as defined in s. 146.70 (1) (gm), appointed by the governor.

SB20,4,11 (b) The members appointed under par. (a) 5. and 6. shall serve 3-year terms and may not serve more than 2 consecutive terms.

SB20, s. 2 Section 2. 20.505 (4) (h) of the statutes is amended to read:

SB20,4,25 20.505 (4) (h) Program services. The amounts in the schedule to carry out the responsibilities of divisions, commissions, and boards attached to the department of administration, other than the board on aging and long-term care, the adolescent pregnancy prevention and pregnancy services board, and the public records board, and the wireless 911 board, and to carry out the responsibilities of special and executive committees. All moneys received from fees which are authorized by law or administrative rule to be collected by any division, board or commission attached to the department, other than the board on aging and long-term care, the adolescent pregnancy prevention and pregnancy services board, and the public records board, and the wireless 911 board, and all moneys received from fees that are authorized by law or executive order to be collected by any special or executive committee shall be credited to this appropriation account and used to carry out the purposes for which collected.

SB20, s. 3 Section 3. 20.505 (4) (qb) of the statutes is created to read:

SB20,5,5 20.505 (4) (qb) Wireless 911 board; general program operations. From the wireless 911 fund, a sum sufficient not to exceed 1% of all moneys received under s. 146.70 (3m) (f) 3. for general program operations of the wireless 911 board, including contracting for audits under s. 146.70 (3m) (e).

SB20, s. 4 Section 4. 20.505 (4) (qe) of the statutes is created to read:

SB20,5,10 20.505 (4) (qe) Wireless 911 board; wireless provider grants. From the wireless 911 fund, a sum sufficient not to exceed 35% of all moneys received under s. 146.70 (3m) (f) 3. for the wireless 911 board to make grants to wireless providers under s. 146.70 (3m) (d).

SB20, s. 5 Section 5. 20.505 (4) (qm) of the statutes is created to read:

SB20,5,16 20.505 (4) (qm) Wireless 911 board; local government grants. From the wireless 911 fund, a sum sufficient not to exceed 64% of all moneys received under s. 146.70 (3m) (f) 3. for the wireless 911 board to make grants to cities, villages, towns, and counties under s. 146.70 (3m) (b) and (c). This paragraph does not apply after October 1, 2006.

SB20, s. 6 Section 6. 20.505 (4) (qp) of the statutes is created to read:

SB20,5,21 20.505 (4) (qp) Wireless 911 board; local government semiannual grants. From the wireless 911 fund, a sum sufficient not to exceed 62% of all moneys received under s. 146.70 (3m) (f) 3. for the wireless 911 board to make grants to cities, villages, towns, and counties under s. 146.70 (3m) (b).

SB20, s. 7 Section 7. 20.505 (4) (qs) of the statutes is created to read:

SB20,6,2 20.505 (4) (qs) Wireless 911 board; local government supplemental grants. From the wireless 911 fund, a sum sufficient not to exceed 2% of all moneys received under s. 146.70 (3m) (f) 3. for the wireless 911 board to make grants to cities, villages, towns, and counties under s. 146.70 (3m) (c).

SB20, s. 8 Section 8. 25.17 (1) (yo) of the statutes is created to read:

SB20,6,4 25.17 (1) (yo) Wireless 911 fund (s. 25.98);

SB20, s. 9 Section 9. 25.98 of the statutes is created to read:

SB20,6,8 25.98 Wireless 911 fund. There is established a separate nonlapsible trust fund designated as the wireless 911 fund, consisting of deposits by the wireless 911 board under s. 146.70 (3m) (f) 3.

SB20, s. 10 Section 10. 146.70 (3m) of the statutes is created to read:

SB20,6,10 146.70 (3m) Wireless providers. (a) Definitions. In this subsection:

SB20,6,11 1. "Board" means the wireless 911 board.

SB20,6,14 2. "Emergency 911 wireless service" means any service regarding the transmission of wireless 911 calls that the federal communications commission requires wireless providers to provide.

SB20,6,16 3. "Federal wireless orders" means the orders of the federal communications commission regarding emergency 911 wireless services in FCC docket no. 94-102.

SB20,6,18 4. "Wireless provider" means a commercial mobile radio service provider, as defined in s. 196.01 (2g), that is subject to the federal wireless orders.

SB20,6,23 5. "Wireless public safety answering point" means a facility to which a call on a wireless provider's system is initially routed for response, and on which a public agency directly dispatches the appropriate emergency service provider, relays a message to the appropriate emergency service provider, or transfers the call to the appropriate emergency services provider.

SB20,7,5 (b) Local government semiannual grants. 1. `Eligibility for grants.' From the appropriation under s. 20.505 (4) (qm), the board shall make semiannual grants to cities, villages, towns, and counties that operate wireless public safety answering points for the uses allowed under subd. 3. The board shall award no more than 64% of all moneys received under par. (f) 3. in grants under this paragraph and par. (c). A city, village, town, or county may receive a grant under this paragraph only if all of the following are satisfied:

SB20,7,11 a. The governing body, as defined in s. 66.0309 (1) (a), of the city, village, town, or county has adopted a resolution stating the intent of the city, village, town, or county to provide emergency 911 wireless service within 2 years after the effective date of the resolution and including a schedule for planning, designing, and issuing requests for proposals for facilities and equipment that are necessary for providing emergency 911 wireless service.

SB20,7,18 b. Each public agency that operates a wireless public safety answering point in the county, if the county is the recipient of the grant, or in the county in which the city, village, or town is located, if the city, village, or town is the recipient of the grant, has jointly submitted a plan to the board for combining all emergency 911 wireless services in the county in the most cost-effective manner. The board shall promulgate rules specifying the minimum requirements for plans required under this subd. 1. b. This subd. 1. b. first applies to grants made on January 1, 2008.

SB20,7,25 c. If the recipient of the grant is a county that jointly operates a wireless public safety answering point with another county, all of the counties that jointly operate the wireless public safety answering point have submitted a plan to the board for combining the emergency 911 wireless services provided by all of the counties in the most cost-effective manner. The board shall promulgate rules specifying the minimum requirements for plans required under this subd. 1. c. This subd. 1. c. first applies to grants made on January 1, 2008.

SB20,8,9 2. `Grant amounts.' a. Except as provided in subd. 2. b., grants to cities, villages, towns, and counties under this paragraph shall be awarded in amounts directly proportional to the percentage of in-service wireless telephone numbers in this state that are located in the city, village, town, or county that receives the grant. The board shall annually determine the number of in-service wireless telephone numbers in each city, village, town, or county in this state. For purposes of this subd. 2. a., an in-service wireless telephone number is considered to be located in a city, village, town, or county if the primary billing address for the telephone number is located in the city, village, town, or county.

SB20,8,14 b. If a county has a population of more than 500,000, a grant to the city, village, or town in that county under this paragraph shall be equal to 93% of the amount determined under subd. 2. a. for that city, village, or town, and the grant awarded to the county shall be an amount equal to 7% of the total amount determined under subd. 2. a. for all cities, villages, and towns in that county.

SB20,8,18 3. `Allowed grant uses.' A city, village, town, or county that receives a grant under this paragraph may use the grant only for actual expenses that are directly and primarily incurred for leasing, purchasing, operating, or maintaining a wireless public safety answering point, including expenses for all of the following:

SB20,8,21 a. Necessary network equipment, computer hardware and software, database equipment, and radio and telephone equipment, that are located within the wireless public safety answering point.

SB20,8,22 b. Training operators of a wireless public safety answering point.

SB20,8,24 c. Network costs for delivery of calls from a wireless provider to a wireless public safety answering point.

SB20,8,25 d. Salaries and benefits of operators of a wireless public safety answering point.

SB20,9,2 4. `Prohibited grant uses'. A city, village, town, or county that receives a grant under this paragraph may not use the grant for any of the following:

SB20,9,5 a. Emergency service dispatch, including personnel, training, equipment, software, records management, radio communications, and mobile data network systems.

SB20,9,6 b. Vehicles and equipment in vehicles.

SB20,9,8 c. Communications equipment and software used to communicate with vehicles.

SB20,9,10 d. Real estate and improvements to real estate, other than improvements necessary to maintain the security of a wireless public safety answering point.

SB20,9,19 (c) Local government supplemental grants. From the appropriation under s. 20.505 (4) (qm), the board may award supplemental grants to cities, villages, towns, and counties that are awarded grants under par. (b) if the board determines that a city, village, town, or county has or will experience excessive costs in providing emergency 911 wireless service or that a city, village, town, or county is in an area that is underserved by wireless providers. A city, village, town, or county that receives a grant under this paragraph may use the grant only for the purposes described in par. (b) 3. and may not use the grant for the purposes described in par. (b) 4. The board shall promulgate rules for making grants under this paragraph.

SB20,9,25 (d) Wireless provider grants. 1. `Eligibility for grants.' From the appropriation under s. 20.505 (4) (qe), the board shall make semiannual grants to wireless providers that may be used only for actual expenses incurred to design, upgrade, purchase, lease, program, install, test, operate, or maintain all data, hardware, and software necessary to comply with the federal wireless orders. The board shall award no more than 35% of all moneys received under par. (f) 3. in grants under this paragraph. A wireless provider may not receive a grant under this paragraph unless the wireless provider maintains records regarding the collection of wireless surcharges from customers and the payment of the wireless surcharges to the board under the rules promulgated under par. (f) 3., maintains the records for not less than 3 years after the collection of wireless surcharges, and makes the records available to the board for inspection and copying during regular business hours. The board shall promulgate rules specifying the records that must be maintained under this subdivision.

SB20,10,15 2. `Grant amounts.' Grants to wireless providers under this paragraph shall be awarded in amounts directly proportional to the percentage of in-service wireless telephone numbers in this state that are billed to the wireless provider. The board shall annually determine the number of in-service wireless telephone numbers in this state that are billed to each wireless provider. For purposes of this subdivision, an in-service wireless telephone number is considered to be located in this state if the primary billing address for the telephone number is located in this state.

SB20,10,18 (e) Grant audits. The board shall contract for independent audits of applications for grants under pars. (b), (c), and (d). An applicant for a grant shall provide an auditor with any relevant confidential business information.

SB20,11,2 (f) Wireless surcharge. 1. Each wireless provider shall impose a surcharge of 75 cents per month for each telephone number that the wireless provider assigns to a customer with a billable address in this state, except that no surcharge may be imposed for a telephone number billed to a public agency that operates a public safety answering point. A wireless provider shall identify the surcharge on a customer's bill on a separate line that is identified as "Wireless 911 Surcharge." The board may promulgate rules that increase or decrease the surcharge, except that the board may not increase the surcharge more than once per year, any increase must be uniform statewide and may not exceed 10 cents, and the surcharge may not exceed $1.

SB20,11,4 2. A wireless provider may not prorate the surcharge and shall collect the entire amount of the surcharge for a month of partial service.

SB20,11,11 3. The board shall promulgate rules establishing requirements for wireless providers to collect the surcharge from their customers. Except as provided in subd. 4., a wireless provider shall pay the surcharges to the board no more than 60 days after the end of the calendar month in which the surcharges are collected. The board shall bring an action to collect a surcharge that is not paid by a customer and the customer's wireless provider is not liable for the unpaid surcharge. The board shall deposit the surcharges in the wireless 911 fund.

SB20,11,17 4. Wireless providers may retain 2% of the surcharges collected during the period beginning on the first day of the 4th month beginning after the effective date of this subdivision .... [revisor inserts date], and ending on the first day of the 16th month beginning after the effective date of this subdivision .... [revisor inserts date], for reimbursing costs related to collecting the surcharge, including reprogramming billing systems.

SB20,11,22 (g) Confidentiality of information. The board may withhold from public inspection any information that would aid a competitor of a wireless provider in competition with the wireless provider. The board shall establish procedures for internal management that limit the access that members of the board have to confidential business information submitted by wireless providers.

SB20,12,3 (h) Public information. The board shall promulgate rules establishing requirements and procedures for informing the public about the purpose and uses of the surcharge required under par. (f). The rules shall require the board to maintain a toll-free telephone number to provide such information to the public and require wireless providers to identify the toll-free number on bills and direct customers to contact the board regarding questions about the surcharge.

SB20,12,6 (i) Other charges prohibited. No city, village, town, county, or state agency, as defined in s. 16.375 (1), except the board, may require a wireless provider to collect or pay a surcharge or fee related to emergency 911 wireless service.

SB20,12,9 (j) Liability exemption. A wireless provider shall be immune from civil liability for damages resulting from any person's use of an emergency 911 wireless service for which a grant is made under this subsection.

SB20,12,14 (k) Report to governor and legislature. Annually, the board shall submit a report to the governor, and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), that describes the costs incurred by wireless providers and public agencies in providing emergency 911 wireless service and the grants made by the board.

SB20,12,19 (L) Board powers. The board shall possess all powers necessary or convenient for administering the requirements of this subsection, including the authority to require wireless providers and public agencies to submit information to the board that is necessary for the board to make the determinations under pars. (b) 2. a. and (d) 2. and to submit the report required under par. (k).

SB20, s. 11 Section 11. 146.70 (3m) (b) 1. (intro.) of the statutes, as created by 2003 Wisconsin Act .... (this act), is repealed and recreated to read:

SB20,13,3 146.70 (3m) (b) 1. `Eligibility for grants.' (intro.) From the appropriation under s. 20.505 (4) (qp), the board shall make semiannual grants to cities, villages, towns, and counties that operate wireless public safety answering points for the uses allowed under subd. 3. The board shall award no more than 62% of all moneys received under par. (f) 3. in grants under this paragraph. A city, village, town, or county may receive a grant under this paragraph only if all of the following are satisfied:

SB20, s. 12 Section 12. 146.70 (3m) (c) of the statutes, as created by 2003 Wisconsin Act .... (this act), is repealed and recreated to read:

SB20,13,16 146.70 (3m) (c) Local government supplemental grants. From the appropriation under s. 20.505 (4) (qs), the board may award supplemental grants to cities, villages, towns, and counties that are awarded grants under par. (b) if the board determines that a city, village, town, or county has or will experience excessive costs in providing emergency 911 wireless service or that a city, village, town, or county is in an area that is underserved by wireless providers. The board shall award no more than 2% of all moneys received under par. (f) 3. in grants under this paragraph. A city, village, town, or county that receives a grant under this paragraph may use the grant only for the purposes described in par. (b) 3. and may not use the grant for the purposes described in par. (b) 4. The board shall promulgate rules for making grants under this paragraph.

SB20, s. 13 Section 13 . Nonstatutory provisions.

SB20,13,18 (1) Definitions. In this Section:

SB20,13,19 (a) "Board" means the wireless 911 board.

SB20,13,20 (b) "Department" means the department of administration.

SB20,13,22 (c) "Wireless provider" has the definition given in section 146.70 (3m) (a) 4. of the statutes, as created by this act.

SB20,13,24 (2) Initial members of wireless 911 board. Notwithstanding section 15.105 (28) (b) of the statutes, as created by this act:

SB20,14,4 (a) One initial member appointed under section 15.105 (28) (a) 5. of the statutes, as created by this act, and one initial member appointed under section 15.105 (28) (a) 6. of the statutes, as created by this act, shall be appointed for terms expiring on May 1, 2006.

SB20,14,8 (b) One initial member appointed under section 15.105 (28) (a) 5. of the statutes, as created by this act, and one initial member appointed under section 15.105 (5) (a) 6. of the statutes, as created by this act, shall be appointed for terms expiring on May 1, 2007.

SB20,14,12 (c) One initial member appointed under section 15.105 (28) (a) 5. of the statutes, as created by this act, and one initial member appointed under section 15.105 (28) (a) 6. of the statutes, as created by this act, shall be appointed for terms expiring on May 1, 2008.