2013 - 2014 LEGISLATURE
May 3, 2013 - Introduced by Representatives Jacque,
Bernier, Bies, Czaja,
Kestell, Murtha, Nass, Petryk, Schraa, Stroebel, Thiesfeldt and Tittl,
cosponsored by Senators Leibham, Grothman, Lasee, Schultz and Tiffany.
Referred to Committee on Energy and Utilities.
1An Act to repeal
20.155 (3) (t), 20.835 (1) (r), 25.17 (1) (ku), 25.99, 77.54 (55) and 2
196.025 (6); and to amend
20.835 (1) (db), 25.50 (3) (b), 196.202 (2), 196.203 (1g) 3
(a), 196.206 (1), 196.499 (1) (intro.) and 196.50 (2) (j) 1. b. of the statutes; 4relating to: the police and fire protection fee imposed on certain
Analysis by the Legislative Reference Bureau
Under current law, a person that provides active retail voice communications
service (communications provider) must impose a monthly fee of $0.75 on each
communications service connection with an assigned telephone number. However,
for a prepaid wireless plan, a communications provider or retailer must impose a
one-time fee of $0.38, instead of the $0.75 monthly fee. Current law allows a
communications provider or retailer to separately list the fee on customer bills. If
separately listed, the communications provider or retailer must identify the fee as
"police and fire protection fee." Communications providers and retailers must remit
the fees to the Public Service Commission (PSC), except that the PSC may contract
with the Department of Revenue (DOR) to collect the fees for prepaid wireless plans.
The PSC and DOR must deposit the fees in the police and fire protection fund, which
is used to make shared revenue payments to counties, towns, villages, and cities.
This bill eliminates the requirement for communications providers and
retailers to impose the above fees. The bill also eliminates the police and fire
protection fund and the shared revenue payments made from that fund.
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:
20.155 (3) (t) of the statutes is repealed.
20.835 (1) (db) of the statutes is amended to read:
(db) County and municipal aid account.
A sum sufficient to make 4
payments to counties, towns, villages, and cities under s. 79.035, less the amount
5paid from the appropriation under par. (r)
20.835 (1) (r) of the statutes is repealed.
25.17 (1) (ku) of the statutes is repealed.
25.50 (3) (b) of the statutes is amended to read:
(b) On the dates specified and to the extent to which they are 10
available, subject to s. 16.53 (10), funds payable to local governments under ss. 1179.035,
79.04, 79.05, 79.08, and 79.10 shall be considered local funds and, pursuant 12
to the instructions of local officials, may be paid into the separate accounts of all local 13
governments established in the local government pooled-investment fund and, 14
pursuant to the instructions of local officials, to the extent to which they are 15
available, be disbursed or invested.
25.99 of the statutes is repealed.
77.54 (55) of the statutes is repealed.
196.025 (6) of the statutes is repealed.
196.202 (2) of the statutes is amended to read:
196.202 (2) Scope of regulation.
A commercial mobile radio service provider 21
is not subject to this chapter, except as provided in sub. (5), and except that a
commercial mobile radio service provider is subject to ss.
196.859, and shall respond, subject to the protection of the commercial mobile radio 3
service provider's competitive information, to all reasonable requests for information 4
about its operations in this state from the commission necessary to administer ss. 5196.025 (6),
196.203 (1g) (a) of the statutes is amended to read:
(a) An alternative telecommunications utility is subject to ss. 8
196.01, 196.016, 196.025 (6),
196.191, 196.206, and 196.212.
196.206 (1) of the statutes is amended to read:
196.206 (1) Exemptions.
An interconnected voice over Internet protocol service 11
is not subject to this chapter, except as provided in this section, and except that an 12
interconnected voice over Internet protocol service is subject to ss. 196.01, 196.016, 13196.025 (6),
196.199, 196.218 (3), 196.858, and 196.859, and except as required for 14
the commission to administer and enforce this section.
196.499 (1) (intro.) of the statutes is amended to read:
196.499 (1) Scope.
(intro.) Notwithstanding any other provisions of this 17
chapter, a telecommunications carrier is not subject to regulation under this chapter, 18except for s. 196.025 (6), and
except under each of the following provisions:
196.50 (2) (j) 1. b. of the statutes is amended to read:
(j) 1. b. Provide notice to the commission to recertify the 21
telecommunications utility under this subsection and impose on the 22
telecommunications utility only those provisions of this chapter specified in this 23
subd. 1. b. No later than 30 days after receiving notice under this subd. 1. b., the 24
commission shall issue an order that grants recertification under this subsection and 25
that imposes on the telecommunications utility only those provisions of this chapter
specified in this subd. 1. b. The telecommunications utility shall be exempt from all 2
provisions of this chapter, except ss. 196.01, 196.016, 196.025 (6),
196.191, 196.206, 3
196.212, 196.219 (2r), and 196.503; and except those provisions in s. 196.203 (4m) (a) 4
that are imposed on all alternative telecommunications utilities under s. 196.203 (3); 5
and except, with respect to its wholesale telecommunications services only, ss. 196.03 6
(1) and (6), 196.219 (4), 196.28, and 196.37. If required by the public interest, the 7
commission may, with respect only to intrastate switched access services, impose on 8
the telecommunications utility s. 196.03 (1) and (6) and 196.37, except that the 9
commission may not impose s. 196.03 (1) or (6) without also imposing s. 196.37 on the 10
telecommunications utility. The granting of the recertification shall operate to 11
terminate the telecommunications utility's prior certification. All regulatory 12
requirements related to the prior certification that are inconsistent with the 13
requirements of or regulation allowed under this subd. 1. b., including all such 14
requirements imposed by the certification, and all such requirements imposed by the 15
commission, whether by statute or commission rule or order, on the 16
telecommunications utility are terminated on the effective date of the order unless 17
the telecommunications utility, in its notice to the commission seeking recertification 18
under this subd. 1. b., requests to remain subject to one or more requirements of its 19
prior certification that do not violate the telecommunications utility's requirements 20
or obligations under this chapter and the commission does not deny the request in 21
its recertification order.