LRBs0349/1
MDK/MGG/RNK/RPN:jld/cmh/hmh/cjs:jf
2001 - 2002 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 ASSEMBLY BILL 889
March 5, 2002 - Offered by Committee on Information Policy and Technology.
AB889-ASA1,2,5
1An Act to renumber and amend 100.207 (1), 196.202 (2) and 196.50 (4);
to
2amend 93.14 (3), 93.15 (1), 93.15 (2), 196.195 (12) (a), 196.499 (1) (b), 196.50
3(4) (title), 198.12 (6) and 198.22 (6);
to repeal and recreate 196.202 (2) (intro.);
4and
to create 15.155 (5), 20.143 (3) (je), 20.143 (3) (jm), 20.143 (3) (js), 20.143
5(3) (kv), 93.01 (1r), 93.14 (1m), 100.207 (1) (a), 100.207 (1) (c), 100.207 (3g),
6100.207 (3m), 100.207 (5g), 100.207 (5m), 146.70 (3m), 196.02 (13), 196.195 (12)
7(f), 196.196 (5) (f) 1. g., 196.196 (5) (f) 4., 196.202 (2) (b), 196.202 (6), 196.50 (4)
8(a) and 196.50 (4) (c) of the statutes;
relating to: creating a wireless 911 board;
9imposing a surcharge on wireless telephone customers; making grants for
10wireless 911 emergency telephone service; requiring wireless number
11portability; jurisdictional and enforcement authority of the department of
12agriculture, trade and consumer protection; construction and ownership of
13telecommunications facilities by local units of government; services provided by
1telecommunications providers; authority of the public service commission
2regarding area codes and telephone numbers; allowing for adjustments in
3incentive-regulated telecommunication utility rates; requesting the joint
4legislative council to study retail and wholesale telecommunications services;
5granting rule-making authority; and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB889-ASA1,2,97
15.155
(5) Wireless 911 board. (a) There is created a wireless 911 board
8attached to the department of commerce under s. 15.03 consisting of the following
9members:
AB889-ASA1,2,1110
1. One representative to the assembly, appointed by the speaker of the
11assembly.
AB889-ASA1,2,1312
2. One representative to the assembly, appointed by the assembly minority
13leader.
AB889-ASA1,2,1414
3. One senator, appointed by the president of the senate.
AB889-ASA1,2,1515
4. One senator, appointed by the senate minority leader.
AB889-ASA1,2,1716
5. Four persons who represent the interests of commercial mobile radio service
17providers, as defined in s. 196.01 (2g), appointed by the governor.
AB889-ASA1,2,2118
6. Four persons who represent the interests of public agencies, as defined in s.
19146.70 (1) (f), or public safety agencies, as defined in s. 146.70 (1) (g), that operate
20public safety answering points, as defined in s. 146.70 (1) ( gm), appointed by the
21governor.
AB889-ASA1,2,2322
(b) The members appointed under par. (a) 5. and 6. shall serve 3-year terms
23and may not serve more than 2 consecutive terms.
AB889-ASA1, s. 2
1Section
2. 20.143 (3) (je) of the statutes is created to read:
AB889-ASA1,3,52
20.143
(3) (je)
Wireless 911 board general program operations. Two and
3one-half percent of all moneys received under s. 146.70 (3m) (d) 3. for general
4program operations of the wireless 911 board, including contracting for audits under
5s. 146.70 (3m) (b) 5.
AB889-ASA1, s. 3
6Section
3. 20.143 (3) (jm) of the statutes is created to read:
AB889-ASA1,3,107
20.143
(3) (jm)
Wireless provider grants. Forty-eight and three-fourths
8percent of all moneys received under s. 146.70 (3m) (d) 3. for the wireless 911 board
9to make grants to wireless providers under s. 146.70 (3m) (b) 2. and to make transfers
10to the appropriation under par. (kv) as provided under s. 146.70 (3m) (b) 3.
AB889-ASA1, s. 4
11Section
4. 20.143 (3) (js) of the statutes is created to read:
AB889-ASA1,3,1512
20.143
(3) (js)
Public agency and wireless provider grants. Forty-eight and
13three-fourths percent of all moneys received under s. 146.70 (3m) (d) 3. for the
14wireless 911 board to make grants to public agencies under s. 146.70 (3m) (b) 1. and
15to wireless providers under s. 146.70 (3m) (b) 3.
AB889-ASA1, s. 5
16Section
5. 20.143 (3) (kv) of the statutes is created to read:
AB889-ASA1,3,1917
20.143
(3) (kv)
Public agency grants. All moneys transferred from the
18appropriation account under par. (jm) for the wireless 911 board to make grants to
19public agencies under s. 146.70 (3m) (b) 1.
AB889-ASA1,3,2321
93.01
(1r) "Civil investigative demand" means a written document prepared
22by the department that is related to the enforcement of chs. 93 to 100 and that orders
23a person to do any of the following:
AB889-ASA1,3,2524
(a) Provide originals or copies of documents, records, or reports in the person's
25custody.
AB889-ASA1,4,2
1(b) Answer specific questions submitted by the department in the form of
2written depositions, interrogatories, or requests for admissions.
AB889-ASA1,4,43
(c) Allow employees of the department to review and copy documents, records,
4or reports in the person's custody.
AB889-ASA1,4,86
93.14
(1m) (a) Any person who has been served with a department complaint,
7notice, order, or other process as authorized in s. 93.18 (5) shall be subject to the
8department's authority and jurisdiction, as limited by par. (b).
AB889-ASA1,4,109
(b) The department's jurisdiction may not exceed the jurisdiction granted to
10courts under s. 815.05.
AB889-ASA1,4,1412
93.14
(3) Any person who shall unlawfully fail to attend as a witness
, fail to
13comply with a subpoena, order, or civil investigative demand, or refuse to testify may
14be coerced as provided in s. 885.12.
AB889-ASA1,4,2016
93.15
(1) The department may, by general or special order, require persons
17engaged in business to file with the department, at such time and in such manner
18as the department may direct, sworn or unsworn reports or sworn or unsworn
19answers in writing to specific questions, as to any matter which the department may
20investigate.
AB889-ASA1,5,222
93.15
(2) The department or any of its authorized agents may have access to
23and may copy any document, or any part
thereof, which
of a document, that is in the
24possession or under the control of any person
engaged in business, if
such the
1document, or
such part
thereof
of the document, is relevant to any matter
which
that 2the department may investigate.
AB889-ASA1, s. 11
3Section
11. 100.207 (1) of the statutes is renumbered 100.207 (1) (intro.) and
4amended to read:
AB889-ASA1,5,65
100.207
(1) Definition
Definitions. (intro.) In this section
,
6"telecommunications:
AB889-ASA1,5,7
7(b) "Telecommunications service" has the meaning given in s. 196.01 (9m).
AB889-ASA1,5,109
100.207
(1) (a) "Telecommunications provider" has the meaning given in s.
10196.01 (8p).
AB889-ASA1,5,1412
100.207
(1) (c) "Telecommunications subscription" means a contract between
13a telecommunications provider and a customer for a telecommunications service that
14is always provided to the customer during each billing period.
AB889-ASA1,5,1816
100.207
(3g) Billing for other services. (a) A telecommunications provider
17may not bill a customer for any goods or services, other than telecommunications
18services, unless all of the following apply:
AB889-ASA1,5,2019
1. The telecommunications provider reasonably believes that the customer
20knowingly consented to the billing.
AB889-ASA1,5,2321
2. The telecommunications provider confirms with the customer, before
22providing the telecommunications service, that the customer knowingly consented
23to the billing.
AB889-ASA1,5,2524
(b) If a customer consents to being billed under par. (a), all of the following shall
25apply:
AB889-ASA1,6,4
11. The telecommunications provider shall distinguish the billing for the other
2goods or services from the billing for the telecommunications service in a conspicuous
3manner. The department shall promulgate rules establishing requirements for
4complying with this subdivision.
