AB61: Bill Text

The bill requires the PSC to promulgate rules for making grants, including criteria for approving estimated costs and record-keeping requirements for ensuring that the grants are used for approved costs. The bill also requires the PSC to promulgate rules for making supplemental grants to counties for the joint operation of a wireless public safety answering point by different counties or local governments in different counties. To be eligible for supplemental grants, the resolution described above for each county must specify the same wireless public safety answering point, which is the only wireless public safety answering point for which local governments in the counties may receive the grants described above.

The funding source for the grants is a uniform monthly surcharge imposed by wireless providers for each customer telephone number that is billed to an address in this state. The surcharge may be imposed only during the three-year period beginning nine months after the bill's effective date. The PSC must promulgate rules that establish the amount of the surcharge, which must be sufficient for the PSC to administer and make grants under the bill. The PSC may promulgate rules to increase or decrease the surcharge, but may increase the surcharge only once per year, and any increase must be uniform statewide. Wireless providers must pay the surcharge to the PSC for deposit into a wireless 911 fund that is created in the bill. A wireless provider is not liable for surcharges that are not paid by customers. Instead, the bill allows the PSC to bring an action against a customer for an unpaid surcharge.

The bill creates other requirements for the grant program, including the following:

1. The PSC must withhold from public inspection any information the PSC receives that would aid the competitor of a wireless provider.

2. Local governments and other state agencies are prohibited from requiring wireless telecommunications providers to collect or pay a surcharge or fee related to wireless 911 service.

3. Wireless providers must identify the surcharge on customer bills as "Wisconsin Wireless 911 Surcharge".

4. Wireless providers are immune from liability to any person who makes an emergency telephone call initially routed to a wireless public safety answering point for which a grant is made under the bill.

5. The surcharge under the bill is exempt from the sales and use taxes.

6. The bill's requirements regarding the surcharge and grant program do not apply after three years and nine months after the bill's effective date.

This bill will be referred to the Joint Survey Committee on Tax Exemptions for a detailed analysis, which will be printed as an appendix to this bill.

For further information see the state and local 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:

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

AB61,3,5 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, s. 2 Section 2. 25.17 (1) (yo) of the statutes is created to read:

AB61,3,7 25.17 (1) (yo) Wireless 911 fund (s. 25.98);

AB61, s. 3 Section 3. 25.98 of the statutes is created to read:

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

AB61,4,7 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) 5.

AB61, s. 5 Section 5. 77.51 (15) (b) 7. of the statutes is created to read:

AB61,4,11 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) 5.

AB61, s. 6 Section 6. 146.70 (3m) of the statutes is created to read:

AB61,4,13 146.70 (3m) Wireless providers. (a) Definitions. In this subsection:

AB61,4,14 1. "Commission" means the public service commission.

AB61,4,17 2. "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.

AB61,4,19 3. "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.

AB61,4,23 4. "Reimbursement period" means the period of time between the first day of the 10th month beginning after the effective date of this subdivision .... [revisor inserts date], and the first day of the 46th month after the effective date of this subdivision .... [revisor inserts date].

AB61,4,25 5. "Wireless provider" means a commercial mobile radio service provider, as defined in s. 196.01 (2g), that is subject to the federal wireless orders.

AB61,5,5 6. "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.

AB61,5,12 (b) Grant applications; wireless providers. A wireless provider may not receive a grant under par. (d) unless, no later than the first day of the 10th month after the effective date of this paragraph .... [revisor inserts date], 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.

AB61,5,24 (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. and 4. are satisfied and, no later than the first day of the 10th month after the effective date of this subdivision .... [revisor inserts date], 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:

AB61,6,3 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.

AB61,6,4 b. Training operators of a wireless public safety answering point.

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

AB61,6,9 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.

AB61,6,18 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 10th month beginning after the effective date of this subdivision .... [revisor inserts date], 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).

AB61,6,25 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).

AB61,7,8 (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 an 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.

AB61,7,13 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. 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.

AB61,7,15 3. No grant to a local government under subd. 2. may be used to reimburse costs for any of the following:

AB61,7,18 a. Emergency service dispatch, including personnel, training, equipment, software, records management, radio communications, and mobile data network systems.

AB61,7,19 b. Vehicles and equipment in vehicles.

AB61,7,21 c. Communications equipment and software used to communicate with vehicles.

AB61,7,23 d. Real estate and improvements to real estate, other than improvements necessary to maintain the security of a wireless public safety answering point.

AB61,7,24 e. Salaries and benefits of operators of a wireless public safety answering point.

AB61,8,6 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 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.

AB61,8,12 (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.

AB61,8,22 (f) Wireless surcharge. 1. The commission shall promulgate rules requiring each wireless provider to impose a uniform monthly surcharge for each telephone number of a customer that has a billable address in this state and pay the surcharge to the commission for deposit in the wireless 911 fund. The rules may not require the surcharge to be imposed before the first day of the 10th month beginning after the effective date of this subdivision .... [revisor inserts date], or after the first day of the 46th month beginning after the effective date of this subdivision .... [revisor inserts date]. The amount of the surcharge shall be sufficient for the commission to administer and make the grants under par. (d) and the supplemental grants under par. (e).

AB61,8,25 2. The commission may promulgate rules that increase or decrease the surcharge, except that the commission may not increase the surcharge more than once per year and any increase must be uniform statewide.

AB61,9,2 3. A wireless provider shall identify the surcharge on a customer's bill on a separate line that consists of the words "Wisconsin Wireless 911 Surcharge."

AB61,9,5 4. The commission may bring an action to collect a surcharge that is not paid by a customer and the customer's wireless provider is not liable for the unpaid surcharge.

AB61,9,8 (g) Confidentiality of information. The commission shall withhold from public inspection any information received under this subsection that would aid a competitor of a wireless provider in competition with the wireless provider.

AB61,9,11 (h) Other charges prohibited. No local government or state agency, as defined in s. 16.375 (1), except the commission, may require a wireless provider to collect or pay a surcharge or fee related to wireless emergency telephone service.

AB61,9,13 (i) Sunset. This subsection does not apply after the first day of the 46th month beginning after the effective date of this paragraph .... [revisor inserts date].

AB61, s. 7 Section 7. 146.70 (7) of the statutes is amended to read:

AB61,9,20 146.70 (7) Telecommunications utility and wireless providers not liable. A telecommunications utility shall not be liable to any person who uses an emergency number system created under this section and a wireless provider, as defined in sub. (3m) (a) 5., shall not be liable to any person who makes an emergency telephone call initially routed to a wireless public safety answering point, as defined in sub. (3m) (a) 6., for which a grant is made under sub. (3m) (d).

AB61, s. 8 Section 8. Nonstatutory provisions.

AB61,9,22 (1) Wireless 911 surcharge rules.

AB61,9,25 (a) Emergency rules. The public service commission may, using the procedure under section 227.24 of the statutes, promulgate the rules under section 146.70 (3m) (f) 1. of the statutes, as created by this act, for the period before permanent rules become effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the commission is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB61,10,11 (b) Proposed rules. The public service commission shall submit in proposed form the rules required under section 146.70 (3m) (f) 1. of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 13th month beginning after the effective date of this paragraph.

AB61,10,12 (2) Wireless 911 grant rules.

AB61,10,23 (a) Emergency rules. The public service commission shall, using the procedure under section 227.24 of the statutes, promulgate the rules under section 146.70 (3m) (d) 4. and (e) of the statutes, as created by this act, for the period before permanent rules become effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the commission is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph. The public service commission shall promulgate the rules required under this paragraph no later than the first day of the 7th month beginning after the effective date of this paragraph.

AB61,11,3 (b) Proposed rules. The public service commission shall submit in proposed form the rules required under section 146.70 (3m) (d) 4. and (e) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 10th month beginning after the effective date of this paragraph.

AB61,11,4 (End)