AB779: Bill Text

AB779,12 Section 12. 25.99 of the statutes is repealed.

AB779,13 Section 13. 77.54 (55) of the statutes is repealed.

AB779,14 Section 14. 79.035 (1) of the statutes is amended to read:

AB779,8,15 79.035 (1) Each county and municipality shall receive a payment from the county and municipal aid account and from the appropriation account under s. 20.835 (1) (r) in an amount determined under this section.

AB779,15 Section 15. 196.025 (6) (b) of the statutes is amended to read:

AB779,9,9 196.025 (6) (b) 1. Except as provided in subd. 2., a communications provider shall impose a monthly fee of $0.75 on each communications service connection 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. A communications provider may list the fee separately from other charges on a subscriber's bill, and if a communications provider does so, the communications provider shall identify the fee as "police and fire protection 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." A communications provider may also indicate on a subscriber's bill that the police and fire protection fee will not be collected after June 30, 2014, or the date of publication of 2013 Wisconsin Act .... (this act), whichever is later .... [LRB inserts later date]. Any partial payment of a fee by a subscriber shall first be applied to any amount the subscriber owes the communications provider for communications service.

AB779,9,19 2. A communications provider that offers a prepaid wireless telecommunications plan, or a retailer that offers such a plan on behalf of a communications provider, shall impose a fee equal to $0.38 on each retail transaction for such a plan that occurs in this state. A communications provider or retailer may state the amount of the fee separately on a bill for the retail transaction, and if a communications provider or retailer does so, the communications provider or retailer shall identify the fee as "police and fire protection fee." A communications provider or retailer may also indicate on the bill that the police and fire protection fee will not be collected after June 30, 2014, or the date of publication of 2013 Wisconsin Act .... (this act), whichever is later .... [LRB inserts later date].

AB779,16 Section 16. 196.025 (6) of the statutes, as affected by 2013 Wisconsin Act .... (this act), is repealed.

AB779,17 Section 17. 196.202 (2) of the statutes is amended to read:

AB779,9,25 196.202 (2) Scope of regulation. A commercial mobile radio service provider 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. 196.025 (6), 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. 196.025 (6), 196.218 (3), and 196.859.

AB779,18 Section 18. 196.203 (1g) (a) of the statutes is amended to read:

AB779,10,7 196.203 (1g) (a) An alternative telecommunications utility is subject to ss. 196.01, 196.016, 196.025 (6), 196.191, 196.206, and 196.212.

AB779,19 Section 19. 196.206 (1) of the statutes is amended to read:

AB779,10,13 196.206 (1) Exemptions. An interconnected voice over Internet protocol service is not subject to this chapter, except as provided in this section, and except that an interconnected voice over Internet protocol service is subject to ss. 196.01, 196.016, 196.025 (6), 196.199, 196.218 (3), 196.858, and 196.859, and except as required for the commission to administer and enforce this section.

AB779,20 Section 20. 196.499 (1) (intro.) of the statutes is amended to read:

AB779,10,17 196.499 (1) Scope. (intro.) Notwithstanding any other provisions of this chapter, a telecommunications carrier is not subject to regulation under this chapter, except for s. 196.025 (6), and except under each of the following provisions:

AB779,21 Section 21. 196.50 (2) (j) 1. b. of the statutes is amended to read:

AB779,11,20 196.50 (2) (j) 1. b. Provide notice to the commission to recertify the telecommunications utility under this subsection and impose on the telecommunications utility only those provisions of this chapter specified in this subd. 1. b. No later than 30 days after receiving notice under this subd. 1. b., the commission shall issue an order that grants recertification under this subsection and 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 provisions of this chapter, except ss. 196.01, 196.016, 196.025 (6), 196.191, 196.206, 196.212, 196.219 (2r), and 196.503; and except those provisions in s. 196.203 (4m) (a) that are imposed on all alternative telecommunications utilities under s. 196.203 (3); and except, with respect to its wholesale telecommunications services only, ss. 196.03 (1) and (6), 196.219 (4), 196.28, and 196.37. If required by the public interest, the commission may, with respect only to intrastate switched access services, impose on the telecommunications utility s. 196.03 (1) and (6) and 196.37, except that the commission may not impose s. 196.03 (1) or (6) without also imposing s. 196.37 on the telecommunications utility. The granting of the recertification shall operate to terminate the telecommunications utility's prior certification. All regulatory requirements related to the prior certification that are inconsistent with the requirements of or regulation allowed under this subd. 1. b., including all such requirements imposed by the certification, and all such requirements imposed by the commission, whether by statute or commission rule or order, on the telecommunications utility are terminated on the effective date of the order unless the telecommunications utility, in its notice to the commission seeking recertification under this subd. 1. b., requests to remain subject to one or more requirements of its prior certification that do not violate the telecommunications utility's requirements or obligations under this chapter and the commission does not deny the request in its recertification order.

AB779,22 Section 22. 256.35 (1) (a) of the statutes is renumbered 256.35 (1) (as).

AB779,23 Section 23. 256.35 (1) (am) of the statutes is created to read:

AB779,12,2 256.35 (1) (am) "911 service provider" means an entity that contracts with the commission to provide selective routing services, manage updates to the automatic location identification database, manage updates to the master street address guide for a particular geographic area, or provide other services related to the state 911 telecommunications system.

AB779,24 Section 24. 256.35 (1) (ct) of the statutes is created to read:

AB779,12,5 256.35 (1) (ct) "Communications provider" means a person that provides communications service.

AB779,25 Section 25. 256.35 (1) (cw) of the statutes is created to read:

AB779,12,8 256.35 (1) (cw) "Communications service" means active voice or nonvoice communications service that is capable of accessing a public safety answering point.

AB779,26 Section 26. 256.35 (1) (d) of the statutes is repealed.

AB779,27 Section 27. 256.35 (1) (em) of the statutes is created to read:

AB779,12,14 256.35 (1) (em) "Master street address guide" means a database of street names and address number ranges used to determine the proper public safety answering point to which to route a call to "911" and the appropriate police, fire, ambulance, rescue, and medical services agencies to dispatch.

AB779,28 Section 28. 256.35 (3) (title) of the statutes is amended to read:

AB779,12,16 256.35 (3) (title) Funding for countywide systems state 911 system.

AB779,29 Section 29. 256.35 (3) (a) 1. of the statutes is renumbered 256.35 (1) (cp).

AB779,30 Section 30. 256.35 (3) (a) 2. of the statutes is renumbered 256.35 (3f) (a) and amended to read:

AB779,13,2 256.35 (3f) (a) "Costs" In this subsection, "costs" means the costs incurred by a service supplier communications provider or 911 service provider after August 1, 1987 the effective date of this paragraph .... [LRB inserts date], in installing and maintaining the trunking and central office equipment used only to operate a basic or sophisticated system and the database databases used only to operate a sophisticated system; the costs incurred for the provision of 911 telecommunications service between selective routers and public safety answering points; and all other costs associated with providing 911 telecommunications service.

AB779,31 Section 31. 256.35 (3) (a) 2m. of the statutes is created to read:

AB779,13,4 256.35 (3) (a) 2m. "Department" means the department of revenue.

AB779,32 Section 32. 256.35 (3) (a) 3. of the statutes is repealed.

AB779,33 Section 33. 256.35 (3) (a) 4. of the statutes is amended to read:

AB779,13,9 256.35 (3) (a) 4. "Service user" means any person who is provided telephone communications service by a service supplier which includes access to a basic or sophisticated system communications provider.

AB779,34 Section 34. 256.35 (3) (b), (c), (d), (e), (f), (g), (i) and (j) of the statutes are repealed.

AB779,35 Section 35. 256.35 (3) (bm) of the statutes is created to read:

AB779,13,25 256.35 (3) (bm) Fee imposed. 1. Except as provided in subd. 2., a communications provider shall impose a monthly fee of $0.40, subject to any adjustment under par. (cm), on each communications service connection, including a communications service provided via a voice over Internet protocol connection. If a communications provider provides multiple communications service connections to a service user, 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. A communications provider may list the fee separately from other charges on a service user's bill, and if a communications provider does so, the communications provider shall identify the fee as "state 911 fee." Any partial payment of a fee by a service user shall first be applied to any amount the service user owes the communications provider for communications service.

AB779,14,8 2. A communications provider that offers a prepaid wireless telecommunications plan, or a retailer that offers such a plan on behalf of a communications provider, shall impose a fee equal to $0.20, subject to any adjustment under par. (cm), on each retail transaction for such a plan that occurs in this state. A communications provider or retailer may state the amount of the fee separately on a bill for the retail transaction, and if a communications provider or retailer does so, the communications provider or retailer shall identify the fee as "state 911 fee."

AB779,36 Section 36. 256.35 (3) (cm) of the statutes is created to read:

AB779,14,14 256.35 (3) (cm) Fee adjustments. 1. The commission may annually issue an order decreasing or increasing the amount of the fee required under par. (bm), but only as specified in subd. 2., and only if directed by the state 911 council under sub. (3h) (b) 9. and approved by the governor, and only if an order increasing the amount is approved by the joint committee on finance under subd. 3.

AB779,14,16 2. a. An order under subd. 1. may not decrease the fee below the amount necessary to generate sufficient revenue for the appropriation under s. 20.155 (3) (h).

AB779,14,20 b. An order under subd. 1. may increase the fee to reflect adjustments to the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor. The commission shall advise the state 911 council on the increases that are allowed under this subd. 2. b.

AB779,14,25 c. For the fee required under par. (bm) 1., an order under subd. 1. may increase the fee to no more than $0.40 per month with an adjustment described in subd. 2. b., and except that, for the fee required under par. (bm) 2., an order under subd. 1. may increase the fee to no more than $0.20 per retail transaction with an adjustment described in subd. 2. b.

AB779,15,11 3. Before the commission issues an order under subd. 1. that increases the amount of the fee required under par. (bm), the commission shall submit the order to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the commission that the committee has scheduled a meeting for the purpose of reviewing the order within 14 working days after the date of the commission's submittal, the joint committee on finance is considered to have approved the order for purposes of subd. 1. If, within 14 working days after the date of the commission's submittal, the cochairpersons of the joint committee on finance notify the commission that the committee has scheduled a meeting for the purpose of reviewing the order, the commission may not issue the order unless the joint committee on finance approves the order.

AB779,15,16 4. 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 order issued under subd. 1. for that year and any decrease or increase to the fee allowed under par. (bm) that is specified in the order shall be effective on January 1 of the following year.

AB779,37 Section 37. 256.35 (3) (dm) of the statutes is created to read:

AB779,15,21 256.35 (3) (dm) Fee remittance. 1. Except as provided in subd. 2., no later than the first calendar month following the calendar month in which a communications provider or retailer receives from a service user a fee imposed under par. (bm), the communications provider or retailer shall remit the fee to the commission.

AB779,15,24 2. The commission may contract with the department for the collection of fees imposed under par. (bm). If the commission and the department enter into such a contract, all of the following apply:

AB779,16,4 a. No later than the first calendar month following the calendar month in which a communications provider or retailer receives from a service user a fee that is subject to the contract, the communications provider or retailer shall remit the fee to the department.

AB779,16,7 b. The department may require communications providers and retailers to register with the department and file returns in the manner prescribed by the department.

AB779,16,9 c. Section 77.59 (1) to (6), (8), and (8m), as it applies to the taxes imposed under subch. III of ch. 77, applies to the fees that are subject to the contract.

AB779,38 Section 38. 256.35 (3) (em) of the statutes is created to read:

AB779,16,12 256.35 (3) (em) Commission powers. The commission may do any of the following:

AB779,16,13 1. Promulgate rules for administering this subsection.

AB779,16,15 2. Bring an action to collect any amount that is required to be remitted under par. (dm).

AB779,39 Section 39. 256.35 (3) (h) of the statutes is amended to read:

AB779,16,19 256.35 (3) (h) Fee liability. Every service user subject to and billed for a charge fee under this subsection is liable for that charge fee until the service user pays the charge fee to the service supplier communications provider.

AB779,40 Section 40. 256.35 (3f) of the statutes is created to read:

AB779,16,23 256.35 (3f) Statewide 911 telecommunications. (b) From the appropriation under s. 20.155 (3) (h), the commission shall contract with 911 service providers for the establishment and maintenance of a statewide 911 telecommunications system.

AB779,17,6 (c) From the appropriation under s. 20.155 (3) (h), the commission shall reimburse all commercially reasonable costs incurred by a communications provider to provide 911 telecommunications service. A communications provider shall file with the commission a price schedule that lists the prices of all of the communications provider's services associated with installing, maintaining, and operating 911 telecommunications service, including nonrecurring and recurring costs. The commission shall determine whether a communications provider's price schedule is commercially reasonable.

AB779,17,8 (d) The commission may contract with a 3rd party for the administration of this subsection.

AB779,41 Section 41. 256.35 (3h) of the statutes is created to read:

AB779,17,11 256.35 (3h) State 911 council. (a) In this subsection, "council" means the state 911 council.

AB779,17,12 (b) The council shall do all of the following:

AB779,17,14 1. Advise the commission on the administration of 911 telecommunications services and associated grant programs.

AB779,17,15 2. Conduct a statewide 911 telecommunications system assessment.

AB779,17,16 3. Develop a statewide plan for 911 telecommunications services.

AB779,17,18 4. Develop recommendations for service standards for public safety answering points.

AB779,17,21 5. Establish criteria for eligibility for state 911 grants and advise the commission as to the standards the commission develops under sub. (3j). The criteria for eligibility shall include basic training standards and service standards.

AB779,17,24 6. Promote, facilitate, and coordinate interoperability across all state public safety answering points with respect to telecommunications services and data systems, including geographic information systems.

AB779,18,3 7. Promote, facilitate, and coordinate consolidation of public safety answering point functions where consolidation would provide improved service, increased efficiency, or cost savings.

AB779,18,6 8. Seek funding from sources, including federal sources, for 911 telecommunications system enhancements, studies, and other purposes consistent with the duties of the council.

AB779,18,9 9. Direct the commission under sub. (3) (cm) as to the amount of the fee required under sub. (3) (bm) that is necessary to provide full-cost recovery for statewide 911 telecommunications service under sub. (3f) and for grants under sub. (3j) (a).

AB779,18,11 10. Undertake all of its duties in a manner that is competitively and technologically neutral to all service providers.

AB779,18,12 11. Coordinate with the interoperability council under s. 15.107 (18).

AB779,18,14 12. Assist the commission in identifying and obtaining funding to implement a statewide 911 telecommunications system.

AB779,18,16 13. Advise the commission on allocating any funds obtained under subd. 12. for the purpose of achieving the goals under this paragraph.

AB779,18,21 14. By January 1 of each odd-numbered year, submit a report to the joint committee on finance identifying the number of grants provided to public safety answering points under sub. (3j) in each of the previous 2 years, identifying the total amount of money provided in grants for each of those years, and describing how the public safety answering points utilized the grants.

AB779,42 Section 42. 256.35 (3j) of the statutes is created to read:

AB779,19,5 256.35 (3j) State 911 grants. (a) From the appropriation under s. 20.155 (3) (k), the commission shall, under the direction of the state 911 council, provide grants to public safety answering points for the improvement of 911 services in the state. Only one public safety answering point in a county is eligible for grants under this paragraph and the commission may provide grants to a public safety answering point only if the county in which the public safety answering point is located has passed a resolution specifying that the public safety answering point is eligible for the grants.

AB779,19,6 (b) The commission shall promulgate rules that do all of the following:

AB779,19,12 1. Using the purposes specified by the state 911 council under sub. (3h), specify the purposes of the grants under par. (a), which 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.

AB779,19,16 2. Using the criteria developed by the state 911 council under sub. (3h) (b) 5., specify the criteria and procedures for use in selecting grantees and administering the grant program under par. (a), including basic training and service standards that must be met for a public safety answering point to be eligible for a grant.

AB779,19,17 3. Measures to ensure the accountability of grant recipients under par. (a).

AB779,19,25 (c) By February 28 of each odd-numbered year, the commission shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), regarding receipts and expenditures made by the state 911 council and under the grant program under par. (a); the status of 911 services in this state; and any recommendations to modify liability exemptions under s. 256.35 (7), including those for public safety answering points that divert nuisance or harassing calls and for multiline telephone system owners or operators.