Amendment ASA2-AB61

LRBs0022/1

MDK:cjs:pg

2003 - 2004 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 2003 ASSEMBLY BILL 61

March 4, 2003 - Offered by Committee on Energy and Utilities.

AB61-ASA2,1,5 An Act to amend 146.70 (7); and to create 20.155 (3), 22.07 (3m), 25.17 (1) (yo), 25.98, 77.51 (4) (b) 8., 77.51 (15) (b) 7. and 146.70 (3m) of the statutes; relating to: creating a wireless 911 fund; imposing a surcharge on wireless telephone customers; making grants for wireless 911 emergency telephone service; granting rule-making authority; and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB61-ASA2, s. 1 Section 1. 20.155 (3) of the statutes is created to read:

AB61-ASA2,1,10 20.155 (3) Wireless 911 grants. (q) General program operations and grants. From the wireless 911 fund, all moneys received under s. 146.70 (3m) (f) 1. to administer and make grants under s. 146.70 (3m) (d) and supplemental grants under s. 146.70 (3m) (e).

AB61-ASA2, s. 2 Section 2. 22.07 (3m) of the statutes is created to read:

AB61-ASA2,2,2 22.07 (3m) Administer a program to facilitate purchases, leases, and service contracts by local governments that receive grants under s. 146.70 (3m) (d).

AB61-ASA2, s. 3 Section 3. 25.17 (1) (yo) of the statutes is created to read:

AB61-ASA2,2,4 25.17 (1) (yo) Wireless 911 fund (s. 25.98);

AB61-ASA2, s. 4 Section 4. 25.98 of the statutes is created to read:

AB61-ASA2,2,8 25.98 Wireless 911 fund. There is established a separate nonlapsible trust fund designated as the wireless 911 fund, consisting of deposits by the public service commission under s. 146.70 (3m) (f) 1.

AB61-ASA2, s. 5 Section 5. 77.51 (4) (b) 8. of the statutes is created to read:

AB61-ASA2,2,12 77.51 (4) (b) 8. The surcharge established in rules of the public service commission under s. 146.70 (3m) (f) for customers of wireless providers, as defined in s. 146.70 (3m) (a) 6.

AB61-ASA2, s. 6 Section 6. 77.51 (15) (b) 7. of the statutes is created to read:

AB61-ASA2,2,16 77.51 (15) (b) 7. The surcharge established in rules of the public service commission under s. 146.70 (3m) (f) for customers of wireless providers, as defined in s. 146.70 (3m) (a) 6.

AB61-ASA2, s. 7 Section 7. 146.70 (3m) of the statutes is created to read:

AB61-ASA2,2,18 146.70 (3m) Wireless providers. (a) Definitions. In this subsection:

AB61-ASA2,2,20 1. "Commercial mobile radio service provider" has the meaning given in s. 196.01 (2g).

AB61-ASA2,2,21 2. "Commission" means the public service commission.

AB61-ASA2,2,24 3. "Federal wireless orders" means the orders of the federal communications commission regarding 911 emergency services for wireless telephone users in FCC docket no. 94-102.

AB61-ASA2,3,2 4. "Local government" means a city, village, town, or county, or an entity formed by a contract under s. 66.0301 (2) by a city, village, town, or county.

AB61-ASA2,3,6 5. "Reimbursement period" means the period beginning on the effective date of this subdivision .... [revisor inserts date], and ending on the last day of the 3-year period beginning on the first day of the 2nd month beginning after the effective date of the rules promulgated under par. (f) 1.

AB61-ASA2,3,8 6. "Wireless provider" means a commercial mobile radio service provider that is subject to the federal wireless orders.

AB61-ASA2,3,13 7. "Wireless public safety answering point" means a facility to which a call on a wireless provider's 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.

AB61-ASA2,3,23 (b) Grant applications; wireless providers. 1. Except as provided in subd. 2., a wireless provider may not receive a grant under par. (d) unless, no later than the first day of the 3rd month beginning after the effective date of the rules promulgated under par. (d) 4., the wireless provider applies to the commission with an estimate, and supporting documentation, of the costs that it has incurred, or will incur, during the reimbursement period to upgrade, purchase, lease, program, install, test, operate, or maintain all data, hardware, and software necessary to comply with the federal wireless orders. The estimate may not include, and a wireless provider may not seek reimbursement for, any such costs that the wireless provider has previously recovered from customers.

AB61-ASA2,4,2 2. A wireless provider that does not provide service to customers in this state prior to the effective date of this subdivision .... [revisor inserts date], may make an application under subd. 1. after the date specified in subd. 1. pursuant to rules promulgated by the commission under par. (d) 4.

AB61-ASA2,4,14 (c) Grant applications; local governments. 1. A local government that operates a wireless public safety answering point, or local governments that jointly operate a wireless public safety answering point, may not receive a grant under par. (d) unless the requirements under subds. 3. to 5. are satisfied and, no later than the first day of the 3rd month beginning after the effective date of the rules promulgated under par. (d) 4., every county which itself is one of the local governments or in which any of the local governments is located applies to the commission with an estimate, and supporting documentation, of the costs that the local government or local governments have directly and primarily incurred, or will directly and primarily incur, during the reimbursement period for leasing, purchasing, operating, or maintaining the wireless public safety answering point, including costs for all of the following:

AB61-ASA2,4,17 a. Necessary network equipment, computer hardware and software, database equipment, and radio and telephone equipment, that are located within the wireless public safety answering point.

AB61-ASA2,4,18 b. Training operators of a wireless public safety answering point.

AB61-ASA2,4,20 c. Network costs for delivery of calls from a wireless provider to a wireless public safety answering point.

AB61-ASA2,4,23 2. If an application under subd. 1. is for the joint operation of a wireless public safety answering point by local governments, the application shall specify the manner in which the estimated costs are apportioned among the local governments.

AB61-ASA2,5,7 3. A local government that operates a wireless public safety answering point, or local governments that jointly operate a wireless public safety answering point, are not eligible for grants under par. (d) unless, no later than the first day of the 3rd month beginning after the effective date of the rules promulgated under par. (d) 4., every county which itself is one of the local governments or in which any of the local governments is located has passed a resolution specifying that the wireless public safety answering point is eligible for the grants. Except as provided in subd. 4., only one wireless public safety answering point in each county is eligible for local governments to receive grants under par. (d).

AB61-ASA2,5,14 4. If a county or local government in a county jointly operates a wireless public safety answering point with another county or local government in another county, the resolution passed by each county under subd. 3. shall specify the same wireless public safety answering point, and the counties shall submit a joint application under subd. 1. that complies with the requirement under subd. 2. In each county that submits a joint application, only the wireless public safety answering point specified in the resolutions is eligible for local governments to receive grants under par. (d).

AB61-ASA2,5,18 5. A local government that operates, or local governments that jointly operate, a wireless public safety answering point are not eligible for grants under par. (d) unless the wireless public safety answering point serves the entire geographic area of all of the following:

AB61-ASA2,5,20 a. For each local government that is not a county, each county in which the local government is located.

AB61-ASA2,5,21 b. For each local government that is a county, the county itself.

AB61-ASA2,6,4 (d) Grants; commission approval and rules. 1. The commission shall approve an application under par. (b) or (c) if the commission determines that the costs estimated in the application are reasonable and have been, or will be, incurred for the purpose of promoting a cost-effective and efficient statewide system for responding to wireless emergency 911 telephone calls. If the commission does not approve an application, the commission shall provide the applicant or applicants with the commission's reasons and give the applicant or applicants an opportunity to resubmit the application.

AB61-ASA2,6,12 2. From the appropriation under s. 20.155 (3) (q), the commission shall make grants to reimburse wireless providers and local governments for costs approved under subd. 1. that are actually incurred by the wireless providers and local governments, except that no wireless provider or local government may receive a total amount in grants that exceeds the estimated amount approved by the commission under subd. 1. for that wireless provider or local government. For applications for the joint operation of a wireless public safety answering point, the commission shall apportion the grants in the manner specified under par. (c) 2.

AB61-ASA2,6,14 3. No grant to a local government under subd. 2. may be used to reimburse costs for any of the following:

AB61-ASA2,6,17 a. Emergency service dispatch, including personnel, training, equipment, software, records management, radio communications, and mobile data network systems.

AB61-ASA2,6,18 b. Vehicles and equipment in vehicles.

AB61-ASA2,6,20 c. Communications equipment and software used to communicate with vehicles.

AB61-ASA2,6,22 d. Real estate and improvements to real estate, other than improvements necessary to maintain the security of a wireless public safety answering point.

AB61-ASA2,6,23 e. Salaries and benefits of operators of a wireless public safety answering point.

AB61-ASA2,7,7 4. The commission shall promulgate rules establishing requirements and procedures for making grants under this paragraph, including criteria for approving estimated costs under subd. 1. The rules shall require the commission to make the grants during the 3-year period beginning on the first day of the 3rd month beginning after the effective date of the rules promulgated under par. (f) 1. The rules shall include record-keeping requirements to ensure that the grants are used to reimburse estimated costs approved by the commission. The rules shall allow the commission to make the grants in installments. The rules shall also include requirements for wireless providers specified in par. (b) 2. to apply for grants.

AB61-ASA2,7,11 5. To the greatest extent practicable, a local government that receives a grant under this paragraph shall make all purchases, leases, and service contracts under the grant through the program administered by the department of electronic government under s. 22.07 (3m) or through a consortium of local governments.

AB61-ASA2,7,17 (e) Supplemental grants. The commission shall promulgate rules for making supplemental grants from the appropriation under s. 20.155 (3) (q) to counties that submit joint applications required under par. (c) 4. The rules shall establish the supplemental grants in amounts that provide an incentive for counties to submit joint applications. The rules may not impose any limits on the use of a supplemental grant and shall allow the commission to make the grants in installments.