256.35(3)(a)2. 2. “Costs" means the costs incurred by a service supplier after August 1, 1987, in installing and maintaining the trunking and central office equipment used only to operate a basic or sophisticated system and the database used only to operate a sophisticated system.
256.35(3)(a)3. 3. “Service supplier" means a telecommunications utility which provides exchange telephone service within a county.
256.35(3)(a)4. 4. “Service user" means any person who is provided telephone service by a service supplier which includes access to a basic or sophisticated system.
256.35(3)(b) (b) Charge authorized. A county by ordinance may levy a charge on all service users in the county to finance the costs related to the establishment of a basic or sophisticated system in that county under sub. (2) if:
256.35(3)(b)1. 1. The county has adopted by ordinance a plan for that system.
256.35(3)(b)2. 2. Every service user in that county has access to a system.
256.35(3)(b)3. 3. The county has entered into a contract with each service supplier in the county for the establishment of that system to the extent that each service supplier is capable of providing that system on a reasonable economic basis on the effective date of the contract and that contract includes all of the following:
256.35(3)(b)3.a. a. The amount of nonrecurring charges service users in the county will pay for all nonrecurring services related to providing the trunking and central office equipment used only to operate a basic or sophisticated system established in that county and the database used only to operate that sophisticated system.
256.35(3)(b)3.b. b. The amount of recurring charges service users in the county will pay for all recurring services related to the maintenance and operation of a basic or sophisticated system established in that county.
256.35(3)(b)3.c. c. Every provision of any applicable schedule which the service supplier has filed with the commission under s. 196.19 or 196.20, which is in effect on the date the county signs the contract and which is related to the provision of service for a basic or sophisticated system.
256.35(3)(b)4. 4. The charge is calculated, under a schedule filed under s. 196.19 or 196.20, by dividing the costs related to establishing a basic or sophisticated system in that county by the total number of exchange access lines, or their equivalents, which are in the county and which are capable of accessing that system.
256.35(3)(b)5. 5. The charge is billed to service users in the county in a service supplier's regular billing to those service users.
256.35(3)(b)6. 6. Every public safety answering point in the system is in constant operation.
256.35(3)(b)7. 7. Every public safety agency in the county maintains a telephone number in addition to “911".
256.35(3)(b)8. 8. The sum of the charges under subd. 3. a. and b. does not exceed any of the following:
256.35(3)(b)8.a. a. Twenty-five cents each month for each exchange access line or its equivalent in the county if the county has a population of 750,000 or more.
256.35(3)(b)8.b. b. One dollar each month for each exchange access line or its equivalent if the county has a population of less than 750,000 and the county is recovering charges under subd. 3. a.
256.35(3)(b)8.c. c. Forty cents each month for each exchange access line or its equivalent if the county has a population of less than 750,000 and the county is not recovering charges under subd. 3. a.
256.35(3)(c) (c) If 2 or more counties combine under sub. (2) (b) to establish a basic or sophisticated system, they may levy a charge under par. (b) if every one of those counties adopts the same ordinance, as required under par. (b).
256.35(3)(d) (d) Charges under par. (b) 3. a. may be recovered in rates assessed over a period not to exceed 36 months.
256.35(3)(e) (e) If a county has more than one service supplier, the service suppliers in that county jointly shall determine the method by which each service supplier will be compensated for its costs in that county.
256.35(3)(f)1.1. Except as provided under subd. 2., a service supplier which has signed a contract with a county under par. (b) 3. may apply to the commission for authority to impose a surcharge on its service users who reside outside of that county and who have access to the basic or sophisticated system established by that county.
256.35(3)(f)2. 2. A service supplier may not impose a surcharge under subd. 1. on any service user who resides in any governmental unit which has levied a property tax or other charge for a basic or sophisticated system, except that if the service user has access to a basic or sophisticated system provided by the service supplier, the service supplier may impose a surcharge under subd. 1. for the recurring services related to the maintenance and operation of that system.
256.35(3)(f)3. 3. The surcharge under subd. 1. shall be equal to the charge levied under par. (b) by that county on service users in that county. A contract under par. (b) 3. may be conditioned upon the commission's approval of such a surcharge. The commission's approval under this paragraph may be granted without a hearing.
256.35(3)(g) (g) No service supplier may bill any service user for a charge levied by a county under par. (b) unless the service supplier is actually participating in the countywide operation of a basic or sophisticated system in that county.
256.35(3)(h) (h) Every service user subject to and billed for a charge under this subsection is liable for that charge until the service user pays the charge to the service supplier.
256.35(3)(i) (i) Any rate schedule filed under s. 196.19 or 196.20 under which a service supplier collects a charge under this subsection shall include the condition that the contract which established the charge under par. (b) 3. is compensatory and shall include any other condition and procedure required by the commission in the public interest. Within 20 days after that contract or an amendment to that contract has been executed, the service supplier which is a party to the contract shall submit the contract to the commission. The commission may disapprove the contract or an amendment to the contract if the commission determines within 60 days after the contract is received that the contract is not compensatory, is excessive or does not comply with that rate schedule. The commission shall give notice to any person, upon request, that such a contract has been received by the commission. The notice shall identify the service supplier and the county that have entered into the contract.
256.35(3)(j) (j) A service supplier providing telephone service in a county, upon request of that county, shall provide the county information on its capability and an estimate of its costs to install and maintain trunking and central office equipment to operate a basic or sophisticated system in that county and the database required to operate a sophisticated system.
256.35(3s) (3s) Next Generation 911.
256.35(3s)(a)(a) Definitions. In this subsection:
256.35(3s)(a)1. 1. “Department” means the department of military affairs.
256.35(3s)(a)2. 2. “Emergency services IP network” means a managed Internet protocol network that is used for emergency services and can be shared by all public safety answering points.
256.35(3s)(a)3. 3. “Next Generation 911” means a statewide emergency number system regardless of technology platform that does all of the following:
256.35(3s)(a)3.a. a. Provides standardized interfaces from requests for emergency assistance.
256.35(3s)(a)3.b. b. Processes all types of requests for emergency assistance, including calls and nonvoice and multimedia messages.
256.35(3s)(a)3.c. c. Acquires and integrates data useful to the delivery or routing and handling of requests for emergency assistance.
256.35(3s)(a)3.d. d. Delivers requests for emergency assistance and data to appropriate public safety answering points and emergency responders.
256.35(3s)(a)3.e. e. Supports data and communications needs for coordinated incident response and management.
256.35(3s)(a)3.f. f. Provides a secure environment for emergency communications.
256.35(3s)(a)4. 4. “Operational date,” with respect to a county, means the date determined by the department on which Next Generation 911 begins to be fully operational in the county.
256.35(3s)(a)5. 5. “Service supplier” has the meaning given in sub. (3) (a) 3.
256.35(3s)(a)6. 6. “Service user” has the meaning given in sub. (3) (a) 4.
256.35(3s)(b) (b) Emergency services IP network contracts. The department shall invite bids to be submitted under s. 16.75 and, from the appropriation under s. 20.465 (3) (qm), contract for the creation, operation, and maintenance of an emergency services IP network that to the greatest extent feasible relies on industry standards and existing infrastructure to provide all public safety answering points with the network necessary to implement Next Generation 911.
256.35(3s)(bm) (bm) Competitive grant program.
256.35(3s)(bm)1.1. The department shall award grants to public safety answering points for the purposes identified under subd. 2. using the criteria in subd. 3.
256.35(3s)(bm)2. 2. The department shall promulgate rules that identify appropriate purposes for grants under subd. 1. based on the recommendations of the 911 subcommittee under par. (d) 4. Grant purposes may include advanced training of telecommunicators, equipment or software expenses, and incentives to consolidate some or all of the functions of 2 or more public safety answering points. Grant purposes may not include general public safety answering point overhead or staffing costs or costs for providing emergency services or emergency services equipment.
256.35(3s)(bm)3. 3. The department shall promulgate rules that contain eligibility criteria for grants under subd. 1. based on the recommendations of the 911 subcommittee under par. (d) 4.
256.35(3s)(bm)4. 4. The department may not award a grant under subd. 1. to more than one public safety answering point per county.
256.35(3s)(c) (c) Existing contracts and charges.
256.35(3s)(c)1.1. The department shall determine the operational date for each county. If a contract under sub. (3) (b) 3. between a service supplier and a county is in effect immediately before the operational date determined for the county, the contract shall expire on the operational date and, except as provided in subd. 2., beginning on the operational date, the service supplier may not bill any service user for a charge levied by the county under sub. (3) (b) or impose a surcharge approved under sub. (3) (f). At least 30 days before a contract expires under this subdivision, the department shall provide written notice of the expiration to the county and service supplier.
256.35(3s)(c)2. 2. If a contract terminates under subd. 1. before a service supplier has been fully compensated for nonrecurring services described in sub. (3) (b) 3. a., the service supplier may continue to bill service users for the charge levied by the county under sub. (3) (b) or impose a surcharge approved under sub. (3) (f) until the service supplier is fully compensated for those nonrecurring services.
256.35(3s)(d) (d) 911 subcommittee duties. The 911 subcommittee shall do all of the following:
256.35(3s)(d)1. 1. Advise the department on the contracts required under par. (b).
256.35(3s)(d)2. 2. Advise the department on the statewide efforts, leveraging of existing infrastructure, and industry standards that are necessary to transition to Next Generation 911.
256.35(3s)(d)3. 3. Make recommendations to the department regarding federal sources of funding and the sustainable funding streams that are required to enable public safety answering points to purchase and maintain equipment necessary for Next Generation 911.
256.35(3s)(d)4. 4. Advise the department or other state agency on awarding Next Generation 911 grants under par. (bm) 1., including advising on appropriate grant purposes and eligibility criteria for the grants. The criteria shall include basic training and service standards that grant applicants must satisfy.
256.35(3s)(d)5. 5. Conduct a statewide 911 telecommunications system assessment.
256.35(3s)(d)6. 6. Develop recommendations for service standards for public safety answering points.
256.35(3s)(d)7. 7. Promote, facilitate, and coordinate interoperability across all public safety answering points with respect to telecommunications services and data systems, including geographic information systems.
256.35(3s)(d)8. 8. Promote, facilitate, and coordinate consolidation of public safety answering point functions where consolidation would provide improved service, increased efficiency, or cost savings.
256.35(3s)(d)9. 9. Undertake all of its duties in a manner that is competitively and technologically neutral.
256.35(4) (4) Departmental advisory authority. The department may provide information to public agencies, public safety agencies and telecommunications utilities relating to the development and operation of emergency number systems.
256.35(6) (6) Telecommunications utility requirements. A telecommunications utility serving a public agency or group of public agencies which have established a sophisticated system under sub. (2) (e) shall provide by December 31, 1985, or upon establishing a system, whichever is later, such public agency or group of public agencies access to the telephone numbers of subscribers and the addresses associated with the numbers as needed to implement automatic number identification and automatic location identification in a sophisticated system, but such information shall at all times remain under the direct control of the telecommunications utility and a telecommunications utility may not be required to release a number and associated address to a public agency or group of public agencies unless a call to the telephone number “911" has been made from such number. The costs of such access shall be paid by the public agency or group of public agencies.
256.35(7) (7) Liability exemptions.
256.35(7)(a)(a) All of the following shall not be liable to any person who uses an emergency number system created under this section or makes an emergency telephone call initially routed to a wireless public safety answering point, as defined in sub. (3m) (a) 7., 2015 stats.:
256.35(7)(a)1. 1. A telecommunications utility.
256.35(7)(a)2. 2. A wireless provider, as defined in s. 256.35 (3m) (a) 6., 2015 stats.
256.35(7)(a)3. 3. A local government, as defined in s. 256.35 (3m) (a) 4., 2015 stats.
256.35(7)(a)4. 4. A person that supplies any service, product, equipment, or database, including any related emergency notification service or process, that is used for or in conjunction with the installation, implementation, operation, or maintenance of the emergency number system and that is used by a public safety answering point.
256.35(7)(bm) (bm) Any public safety answering point or dispatcher who provides telephonic assistance on administering cardiopulmonary resuscitation is immune from civil liability for any outcomes resulting from the administration of cardiopulmonary resuscitation or failure to administer cardiopulmonary resuscitation if all of the following conditions exist:
256.35(7)(bm)1. 1. The dispatcher who provides telephonic assistance on administering cardiopulmonary resuscitation has been trained in accordance with the standards under sub. (2m) (b).
256.35(7)(bm)2. 2. The dispatcher provides telephonic assistance on administering cardiopulmonary resuscitation by doing any of the following:
256.35(7)(bm)2.a. a. Using an evidence-based protocol or script as described under sub. (2m) (b) 1.
256.35(7)(bm)2.b. b. Transferring the caller to a dedicated telephone line, a telephone center, or another public safety answering point as described under sub. (2m) (b) 2.
256.35(7)(bm)3. 3. The injury claimed is not the result of an act or omission that constitutes gross negligence or willful or wanton misconduct by the dispatcher or public safety answering point.
256.35(9) (9) Joint powers agreement.
256.35(9)(a)(a) In implementing a basic or sophisticated system under this section, public agencies combined under sub. (2) (d) shall annually enter into a joint powers agreement. The agreement shall be applicable on a daily basis and shall provide that if an emergency services vehicle is dispatched in response to a request through the basic or sophisticated system established under this section, such vehicle shall render its services to the persons needing the services regardless of whether the vehicle is operating outside the vehicle's normal jurisdictional boundaries.
256.35(9)(b) (b) Public agencies and public safety agencies which have contiguous or overlapping boundaries and which have established separate basic or sophisticated systems under this section shall annually enter into the agreement required under par. (a).
256.35(9)(c) (c) Each public agency or public safety agency shall cause a copy of the annual agreement required by pars. (a) and (b) to be filed with the department of justice. If a public agency or public safety agency fails to enter into such agreement or to file copies thereof, the department of justice shall commence judicial proceedings to enforce compliance with this subsection.
256.35(10) (10) Penalties.
256.35(10)(a)(a) Any person who intentionally dials the telephone number “911" to report an emergency, knowing that the fact situation which he or she reports does not exist, shall be fined not less than $100 nor more than $600 or imprisoned not more than 90 days or both for the first offense and is guilty of a Class H felony for any other offense committed within 4 years after the first offense.
256.35(10)(b) (b) Any person who discloses or uses, for any purpose not related to the operation of a basic or sophisticated system, any information contained in the database of that system shall be fined not more than $10,000 for each occurrence.
256.35(11) (11) Plans. Every public agency establishing a basic or sophisticated system under this section shall submit tentative plans for the establishment of the system as required under this section to every local exchange telecommunications utility providing service within the respective boundaries of such public agency. The public agency shall submit final plans for the establishment of the system to the telecommunications utility and shall provide for the implementation of the plans.
256.35 Cross-reference Cross-reference: See also ch. PSC 173, Wis. adm. code.
256.40 256.40 Opioid antagonists.
256.40(1)(1)In this section:
256.40(1)(a) (a) “Fire fighter" means any person employed by the state or any political subdivision as a member or officer of a fire department or a member of a volunteer fire department, including the state fire marshal and deputies.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 50 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on December 6, 2019. Published and certified under s. 35.18. Changes effective after December 6, 2019, are designated by NOTES. (Published 12-6-19)