Amendment SSA1-AB61

LRBs0087/3

MDK:cjs&jld:ch

2003 - 2004 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2003 ASSEMBLY BILL 61

May 27, 2003 - Offered by Committee on Transportation and Information Infrastructure.

AB61-SSA1,1,8 An Act to repeal 20.505 (1) (q); to amend 25.95 and 146.70 (7); to repeal and recreate 146.70 (3m) (d) 1g.; to create 20.155 (3), 20.505 (1) (q), 20.530 (1) (q), 22.07 (3m), 25.17 (1) (yo), 25.98, 77.51 (4) (b) 8., 77.51 (15) (b) 7., 146.70 (3m) and 196.218 (5) (a) 11. of the statutes; and to affect 1997 Wisconsin Act 27, section 9456 (3m) and 1997 Wisconsin Act 27, section 9456 (3m) (b); 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-SSA1, s. 1 Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

AB61-SSA1, s. 2 Section 2. 20.155 (3) of the statutes is created to read:

AB61-SSA1,2,5 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-SSA1, s. 3 Section 3. 20.505 (1) (q) of the statutes is created to read:

AB61-SSA1,2,10 20.505 (1) (q) Land information board; advice regarding wireless 911 grants. From the universal service fund, the amounts in the schedule for the land information board to provide advice to the public service commission under s. 146.70 (3m) (d) 1g.

AB61-SSA1, s. 4 Section 4. 20.505 (1) (q) of the statutes, as created by 2003 Wisconsin Act .... (this act), is repealed.

AB61-SSA1, s. 5 Section 5. 20.530 (1) (q) of the statutes is created to read:

AB61-SSA1,3,5 20.530 (1) (q) Cooperative purchasing; wireless 911. Biennially, from the universal service fund, the amounts in the schedule to administer the program under s. 22.07 (3m). No moneys may be encumbered from this appropriation after June 30, 2005.

AB61-SSA1, s. 6 Section 6. 22.07 (3m) of the statutes is created to read:

AB61-SSA1,3,9 22.07 (3m) Administer a program to facilitate purchases, leases, and service contracts by local governments that operate wireless public safety answering points, as defined in s. 146.70 (3m) (a) 7.

AB61-SSA1, s. 7 Section 7. 25.17 (1) (yo) of the statutes is created to read:

AB61-SSA1,3,11 25.17 (1) (yo) Wireless 911 fund (s. 25.98);

AB61-SSA1, s. 8 Section 8. 25.95 of the statutes is amended to read:

AB61-SSA1,3,16 25.95 Universal service fund. There is established a separate nonlapsible trust fund designated as the universal service fund, to consist of all contributions received under s. 196.218 (3) and the amounts transferred from the wireless 911 fund under s. 146.70 (3m) (hm).

AB61-SSA1, s. 9 Section 9. 25.98 of the statutes is created to read:

AB61-SSA1,3,20 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-SSA1, s. 10 Section 10. 77.51 (4) (b) 8. of the statutes is created to read:

AB61-SSA1,3,24 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-SSA1, s. 11 Section 11. 77.51 (15) (b) 7. of the statutes is created to read:

AB61-SSA1,4,3 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-SSA1, s. 12 Section 12. 146.70 (3m) of the statutes is created to read:

AB61-SSA1,4,5 146.70 (3m) Wireless providers. (a) Definitions. In this subsection:

AB61-SSA1,4,7 1. "Commercial mobile radio service provider" has the meaning given in s. 196.01 (2g).

AB61-SSA1,4,8 2. "Commission" means the public service commission.

AB61-SSA1,4,11 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-SSA1,4,13 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-SSA1,4,17 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-SSA1,4,19 6. "Wireless provider" means a commercial mobile radio service provider that is subject to the federal wireless orders.

AB61-SSA1,4,24 7. "Wireless public safety answering point" means a facility to which a person dialing the digits "911" 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-SSA1,5,4 (am) Designated public safety answering points. A wireless public safety answering point shall be a designated public safety answering point for the purpose of implementing the federal wireless orders only if the wireless public safety answering point is identified in a resolution adopted under par. (c) 3. or 6.

AB61-SSA1,5,16 (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 in this state. The estimate may not include, and a wireless provider may not seek reimbursement for, any such costs that the wireless provider recovers or has recovered from customers in this state during or before the reimbursement period for the implementation of wireless 911 emergency service in this state.

AB61-SSA1,5,20 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-SSA1,6,7 (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-SSA1,6,10 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-SSA1,6,11 b. Training operators of a wireless public safety answering point.

AB61-SSA1,6,13 c. Network costs for delivery of calls from a wireless provider to a wireless public safety answering point.

AB61-SSA1,6,15 d. Collection and maintenance of data used by the wireless public safety answering point, including data to identify a caller and the location of a caller.

AB61-SSA1,6,19 1m. The estimate under subd. 1. may not include, and a local government may not seek reimbursement for, any costs described in subd. 1. that the local government recovers in the form of a gift or grant received by the local government for the purposes described in subd. 1.

AB61-SSA1,6,22 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-SSA1,7,6 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-SSA1,7,13 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-SSA1,7,17 5. Except as provided in subd. 6. a., 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-SSA1,7,19 a. For each local government that is not a county, each county in which the local government is located.

AB61-SSA1,7,20 b. For each local government that is a county, the county itself.