LRB-1652/1
JTK:wlj:jf
2003 - 2004 LEGISLATURE
March 6, 2003 - Introduced by Joint Legislative Council. Referred to Committee
on Energy and Utilities.
AB135,1,4
1An Act to create 22.01 (2n) and 22.03 (2) (o) of the statutes;
relating to:
2directing the Department of Electronic Government to develop a database and
3Web site on broadband transmission service availability, public access to
4certain records created for this purpose, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill is introduced at the
recommendation of the Joint Legislative Council's Special Committee on Public and
Private Broadband.
The bill directs the Department of Electronic Government (DEG) to develop a
database and Web site on broadband transmission service availability, and to report to
the legislature as to the advisability of upgrading and maintaining the database and Web
site as an ongoing effort. The bill creates an exception from the open records law for the
information submitted for this purpose and directs the DEG to withhold such information
unless the DEG determines, using criteria it has established by rule, that the information
is sufficiently aggregated for Web site display that it would not aid a competitor in
competition with the provider of the information. The bill also defines "broadband
transmission service."
AB135, s. 1
1Section
1. 22.01 (2n) of the statutes is created to read:
AB135,2,42
22.01
(2n) "Broadband transmission service" means the offering of
3telecommunications for the purpose of Internet access at a speed of over 200 kilobits
4per second in at least one direction.
Note: Section 22.01 (10), stats. defines "telecommunications" as "all services and
facilities capable of transmitting, switching, or receiving information in any form by wire,
radio, or other electronic means."
AB135, s. 2
5Section
2. 22.03 (2) (o) of the statutes is created to read:
AB135,2,206
22.03
(2) (o) Develop a database and Web site on the availability of broadband
7transmission services in this state. The department shall design the database and
8Web site to provide useful information for state and local public officials, current and
9potential small business and residential customers, and the economic development
10community. The department shall withhold from public access under s. 19.35 (1)
11information contained in any record that is obtained by the department to develop
12the database and Web site under this paragraph unless the department determines
13that the information is sufficiently aggregated for Web site display that it would not
14aid a competitor in competition with the provider of the information. The
15department may withhold information from Web site display if it determines that the
16information cannot be sufficiently aggregated to avoid aiding a competitor in
17competition with the provider of the information. The department shall, by rule,
18establish criteria for determining whether information is sufficiently aggregated for
19Web site display that it would not aid a competitor in competition with the provider
20of the information.
AB135,3,6
1(1)
Report on broadband transmission database and Web site. No later than
2the first day of the 36th month after the effective date of this subsection, the
3department of electronic government shall report to the legislature in the manner
4provided under section 13.172 (2) of the statutes as to the advisability of upgrading
5and maintaining the database and Web site developed under section 22.03 (2) (o) of
6the statutes, as created by this act, as an ongoing effort.
