Amendment SA1-SSA1-AB75

AB75-SSA1-SA1,120,3 424. Page 1316, line 3: before "632.895" insert "632.885,".

AB75-SSA1-SA1,120,4 425. Page 1316, line 11: before "632.895" insert "632.885,".

AB75-SSA1-SA1,120,6 426. Page 1319, line 18: delete the material beginning with that line and ending with page 1320, line 5.

AB75-SSA1-SA1,120,8 427. Page 1320, line 10: delete "active voice or nonvoice" and substitute "active retail voice".

AB75-SSA1-SA1,120,15 428. Page 1320, line 14: delete the material beginning with "that the" and ending with "subscriber." on line 15 and substitute "with an assigned telephone number, including a communication service provided via a voice over Internet protocol connection. If a communications provider provides multiple communications service connections to a subscriber, the communications provider shall impose a separate fee under this subdivision on each of the first 10 connections and one additional fee for each 10 additional connections per billed account.".

AB75-SSA1-SA1,120,19 429. Page 1320, line 18: delete "fee."" and substitute "fee," or, if the communications provider combines the fee with a charge imposed under s. 256.35 (3), the communications provider shall identify the combined fee and charge as "charge for funding countywide 911 systems plus police and fire protection fee."".

AB75-SSA1-SA1,120,20 430. Page 1321, line 18: after that line insert:

AB75-SSA1-SA1,120,22 " Section 2454L. 196.025 (6) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.".

AB75-SSA1-SA1,120,23 431. Page 1322, line 5: after that line insert:

AB75-SSA1-SA1,121,2 " Section 2460f. 196.202 (2) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-SSA1-SA1,121,9 196.202 (2) Scope of regulation. A commercial mobile radio service provider is not subject to ch. 201 or this chapter, except as provided in sub. (5), and except that a commercial mobile radio service provider is subject to ss. 196.218 (3) and 196.859, and shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer ss. 196.218 (3) and 196.859.".

AB75-SSA1-SA1,121,10 432. Page 1322, line 12: after that line insert:

AB75-SSA1-SA1,121,12 " Section 2460t. 196.203 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-SSA1-SA1,121,17 196.203 (1) Alternative telecommunications utilities are exempt from all provisions of ch. 201 and this chapter, except as provided in this section and except that an alternative telecommunications utility that is a local government telecommunications utility, as defined in s. 196.204 (5) (ag) 1., is subject to s. 196.204 (5).".

AB75-SSA1-SA1,121,19 433. Page 1322, line 19: delete the material beginning with that line and ending with page 1323, line 11.

AB75-SSA1-SA1,121,20 434. Page 1323, line 15: after that line insert:

AB75-SSA1-SA1,121,22 " Section 2475L. 196.499 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-SSA1-SA1,122,3 196.499 (1) Scope. (intro.) Notwithstanding any other provisions of this chapter, a telecommunications carrier is not subject to regulation under this chapter, except under each of the following provisions:".

AB75-SSA1-SA1,122,4 435. Page 1324, line 8: delete lines 8 to 25.

AB75-SSA1-SA1,122,5 436. Page 1325, line 1: delete lines 1 to 9.

AB75-SSA1-SA1,122,7 437. Page 1325, line 18: delete the material beginning with that line and ending with page 1326, line 5.

AB75-SSA1-SA1,122,9 438. Page 1326, line 25: delete the material beginning with that line and ending with page 1327, line 20.

AB75-SSA1-SA1,122,11 439. Page 1328, line 7: delete the material beginning with that line and ending with page 1329, line 24.

AB75-SSA1-SA1,122,12 440. Page 1330, line 18: after that line insert:

AB75-SSA1-SA1,122,13 " Section 2482m. 230.04 (17m) of the statutes is created to read:

AB75-SSA1-SA1,122,17 230.04 (17m) Upon receiving notice from the department of corrections that a unit supervisor position in the division of adult institutions in the department of corrections has become vacant, the director shall reclassify the position under s. 230.09 as a teacher position.".

AB75-SSA1-SA1,122,18 441. Page 1345, line 15: after that line insert:

AB75-SSA1-SA1,122,19 " Section 2520d. 250.20 (6) of the statutes is created to read:

AB75-SSA1-SA1,122,22 250.20 (6) American Indian diabetes prevention and control. From the appropriation under s. 20.435 (1) (kf), the department shall fund activities to prevent and control diabetes among American Indians.".

AB75-SSA1-SA1,122,23 442. Page 1357, line 4: after that line insert:

AB75-SSA1-SA1,122,24 " Section 2552g. 254.47 (7) of the statutes is created to read:

AB75-SSA1-SA1,123,6 254.47 (7) The department may not require that a swimming pool be staffed by a lifeguard as a condition of receiving a permit under this section if the swimming pool is less than 2,500 square feet, the swimming pool is located in a private club in the city of Milwaukee, and the club has a policy that prohibits a minor from using the swimming pool when not accompanied by an adult.".

AB75-SSA1-SA1,123,7 443. Page 1362, line 23: after that line insert:

AB75-SSA1-SA1,123,8 " Section 2572hb. 256.35 (1) (cs) of the statutes is created to read:

AB75-SSA1-SA1,123,11 256.35 (1) (cs) "Communications provider" means a person that provides active voice or nonvoice communications service that is capable of accessing a public safety answering point.

AB75-SSA1-SA1, s. 2572he Section 2572he. 256.35 (1) (ee) of the statutes is created to read:

AB75-SSA1-SA1,123,18 256.35 (1) (ee) "Enhanced 911 service" means delivering 911 calls with automatic number identification and automatic location identification to an appropriate public safety answering point by selective routing based on the geographical location from which the call originated and providing either a specific street address or information defining the approximate geographic location, in accordance with orders promulgated by the federal communications commission.

AB75-SSA1-SA1, s. 2572hh Section 2572hh. 256.35 (1) (gm) of the statutes is amended to read:

AB75-SSA1-SA1,124,2 256.35 (1) (gm) "Public safety answering point" means a facility to which a call on a basic or sophisticated 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. "Public safety answering point" includes a wireless public safety answering point, as defined in sub. (3m) (a) 7.

AB75-SSA1-SA1, s. 2572hL Section 2572hL. 256.35 (3) of the statutes is repealed.

AB75-SSA1-SA1, s. 2572ho Section 2572ho. 256.35 (3g) of the statutes is created to read:

AB75-SSA1-SA1,124,11 256.35 (3g) Enhanced 911 grants. (a) Surcharges. 1. `In general.' Except as provided in subd. 2., each communications provider shall impose on subscriber bills a monthly surcharge of 75 cents, subject to any adjustment under subd. 3. A communications provider may list the surcharge separately from other charges on a subscriber's bill. Any partial payment of a surcharge by a subscriber shall be applied first to any amount the subscriber owes the communications provider for communications service.

AB75-SSA1-SA1,125,2 2. `Prepaid wireless.' a. A communications provider that offers prepaid wireless service, or a seller that offers prepaid wireless service on behalf of a communications provider, shall impose a surcharge equal to one-half of the surcharge required under subd. 1., as adjusted under subd. 3., on subscribers with respect to each retail transaction for prepaid wireless service that occurs in this state. The communications provider or seller may state the amount of the surcharge separately on an invoice, receipt, or similar document provided to a subscriber, or may otherwise disclose the surcharge to the subscriber. The surcharge is the liability of the subscriber, and not of the communications provider or seller, except that a communications provider or seller is liable to remit all surcharges that the communications provider or seller collects from subscribers, including all such surcharges that the communications provider or seller is considered to collect where the amount of the surcharge is not separately stated on an invoice, receipt, or other similar document provided to the subscriber by the communications provider or seller.

AB75-SSA1-SA1,125,5 b. The commission shall promulgate rules exempting from the surcharge required under subd. 2. a. a transaction that is not considered to be a sale at retail under subch. III of ch. 77.

AB75-SSA1-SA1,125,10 c. For purposes of subd. 2. a., a retail transaction effected in person by a subscriber at a business location of the communications provider occurs in this state if the business location is in this state and any other retail transaction occurs in this state if the location of the retail transaction is in this state as determined under s. 77.522.

AB75-SSA1-SA1,125,14 d. Except for the surcharge authorized under this subdivision, no local government or state agency, as defined in s. 560.9810 (1), may impose a fee with respect to prepaid wireless on any communications provider, seller, or consumer, for the purpose of funding wireless emergency telephone service.

AB75-SSA1-SA1,125,19 e. The commission shall promulgate rules establishing requirements and procedures for auditing sellers to determine compliance with this subdivision, including requirements and procedures for appealing determinations of the commission. To the extent practicable, the rules shall incorporate the audit and appeal provisions under ss. 77.59 and 77.61.

AB75-SSA1-SA1,125,24 3. `Adjustments.' a. Annually, the commission shall adjust the amount of the surcharge required under subd. 1. to reflect any change in the U.S. consumer price index for the midwest region as determined by the U.S. department of labor during the period beginning on August 31 of the year that is 2 years before the commission's adjustment and ending on August 31 of the year before the commission's adjustment.

AB75-SSA1-SA1,126,11 b. The commission shall annually monitor the revenues, including interest, generated by the surcharges remitted under subd. 4. a. If the commission determines that the surcharges generate revenue in excess of the amount required for grants under par. (d), the commission shall reduce the amount of the surcharge required under subd. 1., but only if the reduction ensures full cost recovery for grant recipients over a reasonable period. If the commission determines that the surcharges remitted under subd. 4. a. generate revenue that is less than the amount required for grants under par. (d), the commission shall increase the surcharge required under subd. 1. by an amount that ensures full cost recovery for grant recipients over a reasonable period, except that, in a year, the commission may not increase the surcharge by an amount greater than an increase allowed for that year under subd. 3. a.

AB75-SSA1-SA1,126,15 c. No later than October 1 of each year the commission shall notify communications providers and sellers who offer prepaid wireless on behalf of communications providers of any adjustment to the surcharge required under subd. 1., and the adjustment shall be effective on January 1 of the following year.

AB75-SSA1-SA1,127,3 4. `Collection and remittance.' a. A communications provider or seller that offers prepaid wireless on behalf of a communication provider shall remit surcharges to the commission no later than the end of the month following the month that the provider or seller collects the surcharges from subscribers, except that a communications provider may deduct and retain from the remittance an administrative allowance equal to $50, or 1 percent of the surcharges collected from subscribers, whichever is greater. The commission may require that communications providers and sellers report the amount of uncollected surcharges on an annual basis, or less frequently as determined by the commission. The commission may require that a communications provider or seller provide the commission with the name, address, and telephone number of a subscriber who refuses to pay a surcharge. The commission shall deposit all remittances under this subd. 4. a. into the 911 fund.

AB75-SSA1-SA1,127,8 b. A communications provider or seller has no obligation to take any legal action to enforce the collection of the surcharge billed to a subscriber. The commission may initiate a collection action against a subscriber for an unpaid surcharge, and recover reasonable costs and, notwithstanding s. 814.04 (1), attorney fees associated with the action.

AB75-SSA1-SA1,127,16 (b) Grant applications; communications providers. A communications provider may apply to the commission for grants for reimbursement of actual, commercially reasonable costs incurred in complying with the requirements for enhanced 911 service, including the costs incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware, and software required to provide enhanced 911 service, and the recurring and nonrecurring costs of providing enhanced 911 service. An application shall include invoices for the costs for which reimbursement is claimed.

AB75-SSA1-SA1,127,25 (c) Grant applications; local governments. 1. A local government that operates a wireless public safety answering point that was in operation on November 30, 2008, and that was identified in a resolution adopted under sub. (3m) (c) 3., and a local government designated under subd. 2., may apply to the commission for grants if the local government submits annual applications to the commission that identify the expenses eligible for reimbursement under subd. 3., list the invoices for reimbursement that are related to compliance with enhanced 911 service requirements, and include the costs of landline 911 trunks and charges for public safety answering points in the same county as the local government.

AB75-SSA1-SA1,128,6 2. If enhanced 911 service was not available in a county on November 30, 2008, and the county designates one local government in the county, or the county itself, as the operator of the primary public safety answering point for the county, the local government or county so designated is eligible for grants under subd. 1. The commission shall promulgate rules establishing requirements and procedures for a county to make a designation under this subdivision.

AB75-SSA1-SA1,128,13 3. Expenses that are eligible for reimbursement under subd. 1. are the actual costs incurred by a public safety answering point in complying with the requirements of enhanced 911 service, including costs incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware, and software required to provide enhanced 911 service; the recurring and nonrecurring costs of providing enhanced 911 service; and the costs associated with training public safety answering point personnel.

AB75-SSA1-SA1,128,25 (d) Payment of grants. From the appropriation account under s. 20.155 (3) (r), the commission shall award grants to communications providers and local governments who submit applications under pars. (b) and (c) for reimbursement of costs that the commission determines are eligible for reimbursement. If the total amount of invoices for cost reimbursement that are submitted to the commission and approved for payment in a month exceeds the amount available from the 911 fund for reimbursement, the commission shall proportionately reduce the amount payable to each communications provider and local government so that the amount paid in grants does not exceed the amount available from the 911 fund, and the commission shall defer awarding grants for the balance due to each communications provider and local government until sufficient moneys are available from the 911 fund.

AB75-SSA1-SA1,129,5 (e) Information requests; audits. A local government that receives grants for a public safety answering point shall comply with all requests by the commission for financial information related to the operation of the public safety answering point and, upon request, provide a copy of any audits conducted of the public safety answering point to the commission.

AB75-SSA1-SA1,129,11 (f) Telephone relay service for hearing impaired. A local government that receives a grant under par. (d) shall ensure the each public safety answering point operated by or on behalf of the local government complies with requirements of the federal communications commission that all 911 answering positions are equipped with the necessary equipment for accepting 911 calls from the hearing impaired directly or through the use of a relaying service.

AB75-SSA1-SA1,129,17 (g) Audits. The commission may require a communications provider or local government that receives a grant under par. (d) to conduct an audit to ensure that the grant application and use of the moneys received is consistent with the requirements of this subsection and may require a local government that receives a grant under par. (d) to provide a copy of its annual audit of the public safety answering point for which the grant is received.

AB75-SSA1-SA1,130,3 (h) Unauthorized expenditures. The commission may, on its own motion, or, at its discretion, upon the complaint of any person, give written notice of violation to any communications provider or local government alleged to be expending grant moneys for a purpose not authorized under this subsection. Upon receipt of the notice, the communications provider or local government shall cease making any unauthorized expenditure, and may petition the commission for a hearing on the question of whether an expenditure is authorized. The commission shall grant a request for a hearing within a reasonable period. If, after the hearing, the commission determines that an expenditure is not authorized, the commission shall require the communications provider or local government to refund, within 90 days of the commission's determination, the unauthorized expenditure.

AB75-SSA1-SA1,130,11 (i) Proprietary information. Any information submitted by a communications provider to the commission or the 911 council that the communications provider designates as proprietary, and that the commission determines is proprietary, is confidential and not subject to inspection or copying under s. 19.35, except with the express consent of the communications provider. General information collected by the commission or the 911 council may be released or published only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual communications provider.

AB75-SSA1-SA1,130,14 (j) Statewide plan. The commission shall develop a statewide plan for enhanced 911 services for the state. The plan shall be consistent with the plan required under 47 USC 942 (b) (3) (A) (iii).

AB75-SSA1-SA1,130,16 (k) Rules. The commission shall promulgate rules for administering the requirements of this subsection.

AB75-SSA1-SA1,130,22 (L) Reports. No later than February 28 of each odd-numbered year, the commission shall submit a report to the legislature under s. 13.172 (2) that has complete information regarding receipts and expenditures under this subsection during the 2-year reporting period and that describes the status of the 911 system in this state at the time of the report and the results of any related investigations completed by the commission during the 2-year reporting period.

AB75-SSA1-SA1,130,24 (m) 911 council. The commission shall consult with the 911 council in carrying out the commission's duties under this subsection.

AB75-SSA1-SA1, s. 2572hr Section 2572hr. 256.35 (3m) (a) 2. of the statutes is renumbered 256.35 (1) (cp).

AB75-SSA1-SA1, s. 2572hu Section 2572hu. 256.35 (3m) (a) 3. of the statutes is renumbered 256.35 (1) (em).

AB75-SSA1-SA1, s. 2572hy Section 2572hy. 256.35 (3m) (a) 4. of the statutes is renumbered 256.35 (1) (es).".

AB75-SSA1-SA1,131,7 444. Page 1363, line 2: after that line insert:

AB75-SSA1-SA1,131,8 " Section 2573b. 256.35 (5) of the statutes is created to read:

AB75-SSA1-SA1,131,11 256.35 (5) Requirement to provide enhanced 911 service. In accordance with the federal wireless orders, no communications provider is required to provide enhanced wireless 911 service until all of the following conditions are satisfied:

AB75-SSA1-SA1,131,14 (a) The communications provider receives a request for the service from the administrator of a public safety answering point that is capable of receiving and utilizing the data elements associated with the service.

AB75-SSA1-SA1,131,16 (b) The funds for reimbursement of the communications provider's costs are available.

AB75-SSA1-SA1,131,18 (c) The relevant local exchange carrier is able to support the requirements of enhanced 911 service.

AB75-SSA1-SA1, s. 2573f Section 2573f. 256.35 (7) of the statutes is amended to read:

AB75-SSA1-SA1,132,3 256.35 (7) Liability exemption. A telecommunications utility, wireless provider, as defined in sub. (3m) (a) 6., person that provides exchange telephone service to a telephone subscriber, cellular services, voice over Internet protocol services, or cable telephony services, person that provides services to a device that can access 911, or local government, as defined in sub. (3m) (a) 4., 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.

AB75-SSA1-SA1, s. 2573h Section 2573h. 256.35 (8) of the statutes is created to read:

AB75-SSA1-SA1,132,11 256.35 (8) Subscriber records and information. (a) Subscriber records that a communications provider discloses to a public safety answering point remain the property of the communications provider and use of the records is limited to providing emergency services in response to 911 calls. Any communications provider connection information of a subscriber, including the subscriber's address, that is obtained by a public safety answering point for public safety purposes is not subject to inspection or copying under s. 19.35.

AB75-SSA1-SA1,132,14 (b) The disclosure or use of information contained in the database of the telephone network portion of a 911 system, for other than operations of the 911 system, is prohibited.

AB75-SSA1-SA1,132,20 (c) No later than 2 business days after a communications provider installs service for a new subscriber, the communications provider shall provide the relevant public safety answering point with subscriber information necessary to update the master street address guide or location database used by the public safety answering point to respond to emergency calls and the public safety answering point shall make the update.".

AB75-SSA1-SA1,132,21 445. Page 1363, line 3: delete lines 3 to 5.

AB75-SSA1-SA1,132,22 446. Page 1385, line 17: delete lines 17 to 25.

AB75-SSA1-SA1,132,23 447. Page 1386, line 1: delete lines 1 to 7.

AB75-SSA1-SA1,132,24 448. Page 1391, line 10: delete "1.".

AB75-SSA1-SA1,133,2 449. Page 1391, line 11: delete the material beginning with "or" and ending with "subd. 2" on line 12.

AB75-SSA1-SA1,133,3 450. Page 1391, line 13: delete lines 13 to 17 and substitute:

AB75-SSA1-SA1,133,5 "(c) Each fee paid under par. (a) and $95 of each fee paid under par. (b) shall be credited to the appropriation account under s. 20.370 (4) (mi).".

AB75-SSA1-SA1,133,6 451. Page 1396, line 5: delete lines 5 to 12.