Amendment SA1-SSA1-AB75

AB75-SSA1-SA1,128,6 2. If enhanced 911 service was not available in a county on November 30, 2008, and the county designates one local government in the county, or the county itself, as the operator of the primary public safety answering point for the county, the local government or county so designated is eligible for grants under subd. 1. The commission shall promulgate rules establishing requirements and procedures for a county to make a designation under this subdivision.

AB75-SSA1-SA1,128,13 3. Expenses that are eligible for reimbursement under subd. 1. are the actual costs incurred by a public safety answering point in complying with the requirements of enhanced 911 service, including costs incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware, and software required to provide enhanced 911 service; the recurring and nonrecurring costs of providing enhanced 911 service; and the costs associated with training public safety answering point personnel.

AB75-SSA1-SA1,128,25 (d) Payment of grants. From the appropriation account under s. 20.155 (3) (r), the commission shall award grants to communications providers and local governments who submit applications under pars. (b) and (c) for reimbursement of costs that the commission determines are eligible for reimbursement. If the total amount of invoices for cost reimbursement that are submitted to the commission and approved for payment in a month exceeds the amount available from the 911 fund for reimbursement, the commission shall proportionately reduce the amount payable to each communications provider and local government so that the amount paid in grants does not exceed the amount available from the 911 fund, and the commission shall defer awarding grants for the balance due to each communications provider and local government until sufficient moneys are available from the 911 fund.

AB75-SSA1-SA1,129,5 (e) Information requests; audits. A local government that receives grants for a public safety answering point shall comply with all requests by the commission for financial information related to the operation of the public safety answering point and, upon request, provide a copy of any audits conducted of the public safety answering point to the commission.

AB75-SSA1-SA1,129,11 (f) Telephone relay service for hearing impaired. A local government that receives a grant under par. (d) shall ensure the each public safety answering point operated by or on behalf of the local government complies with requirements of the federal communications commission that all 911 answering positions are equipped with the necessary equipment for accepting 911 calls from the hearing impaired directly or through the use of a relaying service.

AB75-SSA1-SA1,129,17 (g) Audits. The commission may require a communications provider or local government that receives a grant under par. (d) to conduct an audit to ensure that the grant application and use of the moneys received is consistent with the requirements of this subsection and may require a local government that receives a grant under par. (d) to provide a copy of its annual audit of the public safety answering point for which the grant is received.

AB75-SSA1-SA1,130,3 (h) Unauthorized expenditures. The commission may, on its own motion, or, at its discretion, upon the complaint of any person, give written notice of violation to any communications provider or local government alleged to be expending grant moneys for a purpose not authorized under this subsection. Upon receipt of the notice, the communications provider or local government shall cease making any unauthorized expenditure, and may petition the commission for a hearing on the question of whether an expenditure is authorized. The commission shall grant a request for a hearing within a reasonable period. If, after the hearing, the commission determines that an expenditure is not authorized, the commission shall require the communications provider or local government to refund, within 90 days of the commission's determination, the unauthorized expenditure.

AB75-SSA1-SA1,130,11 (i) Proprietary information. Any information submitted by a communications provider to the commission or the 911 council that the communications provider designates as proprietary, and that the commission determines is proprietary, is confidential and not subject to inspection or copying under s. 19.35, except with the express consent of the communications provider. General information collected by the commission or the 911 council may be released or published only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual communications provider.

AB75-SSA1-SA1,130,14 (j) Statewide plan. The commission shall develop a statewide plan for enhanced 911 services for the state. The plan shall be consistent with the plan required under 47 USC 942 (b) (3) (A) (iii).

AB75-SSA1-SA1,130,16 (k) Rules. The commission shall promulgate rules for administering the requirements of this subsection.

AB75-SSA1-SA1,130,22 (L) Reports. No later than February 28 of each odd-numbered year, the commission shall submit a report to the legislature under s. 13.172 (2) that has complete information regarding receipts and expenditures under this subsection during the 2-year reporting period and that describes the status of the 911 system in this state at the time of the report and the results of any related investigations completed by the commission during the 2-year reporting period.

AB75-SSA1-SA1,130,24 (m) 911 council. The commission shall consult with the 911 council in carrying out the commission's duties under this subsection.

AB75-SSA1-SA1, s. 2572hr Section 2572hr. 256.35 (3m) (a) 2. of the statutes is renumbered 256.35 (1) (cp).

AB75-SSA1-SA1, s. 2572hu Section 2572hu. 256.35 (3m) (a) 3. of the statutes is renumbered 256.35 (1) (em).

AB75-SSA1-SA1, s. 2572hy Section 2572hy. 256.35 (3m) (a) 4. of the statutes is renumbered 256.35 (1) (es).".

AB75-SSA1-SA1,131,7 444. Page 1363, line 2: after that line insert:

AB75-SSA1-SA1,131,8 " Section 2573b. 256.35 (5) of the statutes is created to read:

AB75-SSA1-SA1,131,11 256.35 (5) Requirement to provide enhanced 911 service. In accordance with the federal wireless orders, no communications provider is required to provide enhanced wireless 911 service until all of the following conditions are satisfied:

AB75-SSA1-SA1,131,14 (a) The communications provider receives a request for the service from the administrator of a public safety answering point that is capable of receiving and utilizing the data elements associated with the service.

AB75-SSA1-SA1,131,16 (b) The funds for reimbursement of the communications provider's costs are available.

AB75-SSA1-SA1,131,18 (c) The relevant local exchange carrier is able to support the requirements of enhanced 911 service.

AB75-SSA1-SA1, s. 2573f Section 2573f. 256.35 (7) of the statutes is amended to read:

AB75-SSA1-SA1,132,3 256.35 (7) Liability exemption. A telecommunications utility, wireless provider, as defined in sub. (3m) (a) 6., person that provides exchange telephone service to a telephone subscriber, cellular services, voice over Internet protocol services, or cable telephony services, person that provides services to a device that can access 911, or local government, as defined in sub. (3m) (a) 4., shall not be liable to any person who uses an emergency number system created under this section or makes an emergency telephone call initially routed to a wireless public safety answering point, as defined in sub. (3m) (a) 7.

AB75-SSA1-SA1, s. 2573h Section 2573h. 256.35 (8) of the statutes is created to read:

AB75-SSA1-SA1,132,11 256.35 (8) Subscriber records and information. (a) Subscriber records that a communications provider discloses to a public safety answering point remain the property of the communications provider and use of the records is limited to providing emergency services in response to 911 calls. Any communications provider connection information of a subscriber, including the subscriber's address, that is obtained by a public safety answering point for public safety purposes is not subject to inspection or copying under s. 19.35.

AB75-SSA1-SA1,132,14 (b) The disclosure or use of information contained in the database of the telephone network portion of a 911 system, for other than operations of the 911 system, is prohibited.

AB75-SSA1-SA1,132,20 (c) No later than 2 business days after a communications provider installs service for a new subscriber, the communications provider shall provide the relevant public safety answering point with subscriber information necessary to update the master street address guide or location database used by the public safety answering point to respond to emergency calls and the public safety answering point shall make the update.".

AB75-SSA1-SA1,132,21 445. Page 1363, line 3: delete lines 3 to 5.

AB75-SSA1-SA1,132,22 446. Page 1385, line 17: delete lines 17 to 25.

AB75-SSA1-SA1,132,23 447. Page 1386, line 1: delete lines 1 to 7.

AB75-SSA1-SA1,132,24 448. Page 1391, line 10: delete "1.".

AB75-SSA1-SA1,133,2 449. Page 1391, line 11: delete the material beginning with "or" and ending with "subd. 2" on line 12.

AB75-SSA1-SA1,133,3 450. Page 1391, line 13: delete lines 13 to 17 and substitute:

AB75-SSA1-SA1,133,5 "(c) Each fee paid under par. (a) and $95 of each fee paid under par. (b) shall be credited to the appropriation account under s. 20.370 (4) (mi).".

AB75-SSA1-SA1,133,6 451. Page 1396, line 5: delete lines 5 to 12.

AB75-SSA1-SA1,133,7 452. Page 1396, line 12: after that line insert:

AB75-SSA1-SA1,133,8 " Section 2649g. 289.01 (4m) of the statutes is created to read:

AB75-SSA1-SA1,133,10 289.01 (4m) "Building waste" means solid waste resulting from the construction, demolition, or razing of buildings.

AB75-SSA1-SA1, s. 2650g Section 2650g. 289.01 (5m) of the statutes is created to read:

AB75-SSA1-SA1,133,13 289.01 (5m) "Construction landfill" means a solid waste disposal facility used for the disposal of only construction and demolition wastes.

AB75-SSA1-SA1, s. 2651g Section 2651g. 289.01 (5r) of the statutes is created to read:

AB75-SSA1-SA1,133,17 289.01 (5r) "Construction and demolition waste" means solid waste resulting from the construction, demolition, or razing of buildings, roads, and other structures.".

AB75-SSA1-SA1,133,19 453. Page 1396, line 13: delete the material beginning with that line and ending with page 1397, line 4.

AB75-SSA1-SA1,133,21 454. Page 1397, line 24: delete the material beginning with that line and ending with page 1398, line 25.

AB75-SSA1-SA1,133,22 455. Page 1398, line 25: after that line insert:

AB75-SSA1-SA1,133,23 " Section 2656k. 289.51 (3) of the statutes is created to read:

AB75-SSA1-SA1,134,3 289.51 (3) The department may not require that ash resulting from the burning of a structure for practice or instruction of fire fighters or the testing of fire fighting equipment be disposed of in a landfill licensed under s. 289.31.".

AB75-SSA1-SA1,134,4 456. Page 1398, line 25: after that line insert:

AB75-SSA1-SA1,134,5 " Section 2656h. 289.63 (1) of the statutes is amended to read:

AB75-SSA1-SA1,134,20 289.63 (1) Imposition of groundwater and well compensation fees on generators. Except as provided under sub. (6), a generator of solid or hazardous waste shall pay separate groundwater and well compensation fees for each ton or equivalent volume of solid or hazardous waste which is disposed of at a licensed solid or hazardous waste disposal facility and for each ton or equivalent volume of building waste that is disposed of at a construction landfill. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the groundwater and well compensation fees to the licensed solid or hazardous waste disposal facility or to the construction landfill or to any intermediate hauler used to transfer wastes from collection points to a licensed facility or to a construction landfill. An intermediate hauler who receives groundwater and well compensation fees under this subsection shall pay the fees to the licensed solid or hazardous waste disposal facility or to the construction landfill. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

AB75-SSA1-SA1, s. 2656i Section 2656i. 289.64 (1) of the statutes is amended to read:

AB75-SSA1-SA1,135,12 289.64 (1) Imposition of solid waste facility siting board fee on generators. Except as provided under sub. (4), a generator of solid waste or hazardous waste shall pay a solid waste facility siting board fee for each ton or equivalent volume of solid waste or hazardous waste that is disposed of at a licensed solid waste or hazardous waste disposal facility and for each ton or equivalent volume of building waste that is disposed of at a construction landfill. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the solid waste facility siting board fee to the licensed solid waste or hazardous waste disposal facility or to the construction landfill or to any intermediate hauler used to transfer wastes from collection points to a licensed facility or to a construction landfill. An intermediate hauler who receives the solid waste facility siting board fee under this subsection shall pay the fee to the licensed solid waste or hazardous waste disposal facility or to the construction landfill. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

AB75-SSA1-SA1, s. 2656j Section 2656j. 289.64 (2) of the statutes is amended to read:

AB75-SSA1-SA1,135,20 289.64 (2) Collection. The owner or operator of a licensed solid waste or hazardous waste disposal facility or of a construction landfill shall collect the solid waste facility siting board fee from the generator, a person who arranges for disposal on behalf of one or more generators or an intermediate hauler and shall pay to the department the amount of the fee required to be collected according to the amount of solid waste or hazardous waste received and disposed of at the facility or at the construction landfill during the preceding reporting period.

AB75-SSA1-SA1, s. 2656jm Section 2656jm. 289.64 (5) of the statutes is amended to read:

AB75-SSA1-SA1,136,2 289.64 (5) Reporting period. The reporting period under this section is the same as the reporting period under s. 289.62 (1). The owner or operator of any licensed solid waste or hazardous waste disposal facility or of any construction landfill shall pay the solid waste facility siting board fee required to be collected under sub. (2) at the same time as any tonnage fees under s. 289.62 (1) are paid.

AB75-SSA1-SA1, s. 2656k Section 2656k. 289.64 (7) (a) of the statutes is amended to read:

AB75-SSA1-SA1,136,9 289.64 (7) (a) If a person required under sub. (1) to pay the solid waste facility siting board fee to a licensed solid waste or hazardous waste disposal facility or to a construction landfill fails to pay the fee, the owner or operator of the licensed solid waste or hazardous waste disposal facility or of the construction landfill shall submit to the department with the payment required under sub. (2) an affidavit stating facts sufficient to show the person's failure to comply with sub. (1).

AB75-SSA1-SA1, s. 2656L Section 2656L. 289.645 (1) of the statutes is amended to read:

AB75-SSA1-SA1,136,24 289.645 (1) Imposition of recycling fee on generators. Except as provided under sub. (4), a generator of solid waste or hazardous waste shall pay a recycling fee for each ton or equivalent volume of solid waste or hazardous waste that is disposed of at a licensed solid waste or hazardous waste disposal facility and for each ton or equivalent volume of building waste that is disposed of at a construction landfill. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the recycling fee to the licensed solid waste or hazardous waste disposal facility or to the construction landfill or to any intermediate hauler used to transfer wastes from collection points to a licensed facility or to a construction landfill. An intermediate hauler who receives the recycling fee under this subsection shall pay the fee to the licensed solid waste or hazardous waste disposal facility or to the construction landfill. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

AB75-SSA1-SA1, s. 2656m Section 2656m. 289.645 (2) of the statutes is amended to read:

AB75-SSA1-SA1,137,7 289.645 (2) Collection. The owner or operator of a licensed solid waste or hazardous waste disposal facility or of a construction landfill shall collect the recycling fee from the generator, a person who arranges for disposal on behalf of one or more generators or an intermediate hauler and shall pay to the department the amount of the fee required to be collected according to the amount of solid waste or hazardous waste received and disposed of at the facility or at the construction landfill during the preceding reporting period.".

AB75-SSA1-SA1,137,8 457. Page 1399, line 3: after that line insert:

AB75-SSA1-SA1,137,9 " Section 2657b. 289.645 (5) (intro.) of the statutes is amended to read:

AB75-SSA1-SA1,137,12 289.645 (5) Payment. (intro.) The owner or operator of any licensed solid or hazardous waste disposal facility or of any construction landfill shall pay the recycling fee required to be collected under sub. (2) as follows:

AB75-SSA1-SA1, s. 2657d Section 2657d. 289.645 (7) (a) of the statutes is amended to read:

AB75-SSA1-SA1,137,19 289.645 (7) (a) If a person required under sub. (1) to pay the recycling fee to a licensed solid waste or hazardous waste disposal facility or to a construction landfill fails to pay the fee, the owner or operator of the licensed solid waste or hazardous waste disposal facility or of the construction landfill shall submit to the department with the payment required under sub. (2) an affidavit stating facts sufficient to show the person's failure to comply with sub. (1).

AB75-SSA1-SA1, s. 2657f Section 2657f. 289.67 (1) (a) of the statutes is amended to read:

AB75-SSA1-SA1,138,9 289.67 (1) (a) Imposition of fee. Except as provided under par. (f), a generator of solid or hazardous waste shall pay an environmental repair fee for each ton or equivalent volume of solid or hazardous waste which is disposed of at a licensed solid or hazardous waste disposal facility and for each ton of building waste that is disposed of at a construction landfill. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the environmental repair fee to the licensed solid or hazardous waste disposal facility or to the construction landfill to any intermediate hauler used to transfer wastes from collection points to a licensed facility. An intermediate hauler who receives environmental repair fees under this paragraph shall pay the fees to the licensed solid or hazardous waste disposal facility. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).

AB75-SSA1-SA1, s. 2657h Section 2657h. 289.67 (1) (b) of the statutes is amended to read:

AB75-SSA1-SA1,138,17 289.67 (1) (b) Collection. The owner or operator of a licensed solid or hazardous waste disposal facility or of a construction landfill shall collect the environmental repair fee from the generator, a person who arranges for disposal on behalf of one or more generators or an intermediate hauler and shall pay to the department the amount of the fees required to be collected according to the amount of solid or hazardous waste received and disposed of at the facility or at the construction landfill during the preceding reporting period.".

AB75-SSA1-SA1,138,18 458. Page 1399, line 9: after that line insert:

AB75-SSA1-SA1,138,19 " Section 2658g. 289.67 (1) (g) of the statutes is amended to read:

AB75-SSA1-SA1,138,24 289.67 (1) (g) Reporting period. The reporting period under this subsection is the same as the reporting period under s. 289.62 (1). The owner or operator of any licensed solid or hazardous waste disposal facility or of any construction landfill shall pay environmental repair fees required to be collected under par. (b) at the same time as any tonnage fees under s. 289.62 (1).

AB75-SSA1-SA1, s. 2658m Section 2658m. 289.67 (1) (i) 1. of the statutes is amended to read:

AB75-SSA1-SA1,139,7 289.67 (1) (i) 1. If a person required under par. (a) to pay an environmental repair fee to a licensed solid or hazardous waste disposal facility or to a construction landfill fails to pay the fee, the owner or operator of the licensed solid or hazardous waste disposal facility or of the construction landfill shall submit to the department with the payment required under par. (b) an affidavit stating facts sufficient to show the person's failure to comply with par. (a).".

AB75-SSA1-SA1,139,8 459. Page 1402, line 9: after that line insert:

AB75-SSA1-SA1,139,9 " Section 2666r. 301.03 (21) of the statutes is created to read:

AB75-SSA1-SA1,139,12 301.03 (21) Notify the director of the office of state employee relations whenever a unit supervisor position in the division of adult institutions becomes vacant.".

AB75-SSA1-SA1,139,14 460. Page 1422, line 2: delete the material beginning with ", committed" and ending with "date]," on line 3.

AB75-SSA1-SA1,139,16 461. Page 1422, line 7: delete the material beginning with ", committed" and ending with "date]," on line 8.

AB75-SSA1-SA1,139,17 462. Page 1422, line 13: after that line insert:

AB75-SSA1-SA1,139,19 "1d. A person sentenced on or after the effective date of this subdivision .... [LRB inserts date].".

AB75-SSA1-SA1,139,20 463. Page 1422, line 14: delete "1." and substitute "1m.".

AB75-SSA1-SA1,139,21 464. Page 1423, line 4: after that line insert:

AB75-SSA1-SA1,139,23 "10. A person who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d).

AB75-SSA1-SA1,140,2 11. A person who is serving a sentence for an offense related to ethical government, as defined in s. 939.22 (20m).

AB75-SSA1-SA1,140,4 12. A person who is serving a sentence for an offense related to school safety, as defined in s. 939.22 (20s).

AB75-SSA1-SA1,140,5 13. A person who is serving a sentence for a felony murder under of s. 940.03.