SB20: Bill Text

LRB-0045/1

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2003 - 2004 LEGISLATURE

2003 Senate BILL 20

February 5, 2003 - Introduced by Senators Jauch, Roessler and Risser, cosponsored by Representatives Huber, Ott, Hahn, Turner, Coggs, Morris and Travis. Referred to Committee on Transportation and Information Infrastructure.

SB20,1,8 An Act to amend 20.505 (4) (h); to repeal and recreate 146.70 (3m) (b) 1. (intro.) and 146.70 (3m) (c); and to create 15.105 (28), 20.505 (4) (qb), 20.505 (4) (qe), 20.505 (4) (qm), 20.505 (4) (qp), 20.505 (4) (qs), 25.17 (1) (yo), 25.98 and 146.70 (3m) of the statutes; relating to: creating a Wireless 911 Board and wireless 911 fund, imposing a surcharge on wireless telephone customers, making grants for emergency 911 wireless service, providing an exemption from emergency rule procedures, granting rule-making authority, and making appropriations.

Analysis by the Legislative Reference Bureau

This bill creates a Wireless 911 Board (board), consisting of the following 12 members: 1) one representative appointed by the speaker of the assembly; 2) one representative appointed by the assembly minority leader; 3) one senator appointed by the president of the senate; 4) one senator appointed by the senate minority leader; 5) four members who represent wireless telecommunications providers and who are appointed by the governor; and 6) four members who represent local governments that operate emergency 911 telephone systems and who are appointed by the governor.

The bill requires wireless telecommunications providers to impose a 75-cent monthly surcharge on telephone numbers that have billable addresses in the state, except for telephone numbers for local governments and state agencies that operate emergency 911 telephone systems. The surcharge must be identified on a separate line on customer bills as "Wireless 911 Surcharge." A wireless telecommunications provider must pay the surcharge to the board, except for an initial one-year period during which 2% of the surcharge may be retained as reimbursement for collecting the surcharge. The board may promulgate rules to increase or decrease the surcharge, but the board may increase the surcharge only once per year. In addition, any increase must be uniform statewide and may not exceed 10 cents, and the surcharge may never exceed $1.

The board must deposit the surcharges in a wireless 911 fund that is created in the bill. From the fund, the board must make semiannual grants to: 1) wireless telecommunications providers and 2) cities, villages, towns, and counties (local governments) that operate wireless emergency 911 telephone systems. No more than 35% of the surcharges may be awarded in grants to wireless telecommunications providers and no more than 64% of the surcharges may be awarded in grants to local governments. No more than 1% of the surcharges may be used for the board's operating expenses.

A wireless telecommunications provider is eligible for a grant if it is subject to orders of the Federal Communications Commission (FCC) regarding emergency 911 wireless telephone service. The grants must be used for specified expenses incurred by wireless telecommunications providers to comply with the FCC's orders. The grants must be awarded in amounts that are directly proportional to the percentage of in-service wireless telephone numbers in this state that are billed to a wireless telecommunications provider. The bill also imposes record-keeping requirements on wireless telecommunications providers that receive grants.

A local government is eligible for a grant only if its governing body adopts a resolution stating its intent to provide emergency 911 wireless service within two years after the resolution's effective date. The resolution must include a schedule for planning and designing the facilities and equipment necessary for the service. In addition, after January 1, 2008, a local government is not eligible for a grant unless all of the local governments in the same county that provide emergency 911 wireless service submit a plan for combining the services in the most cost-effective manner. Also, after that same date, counties that jointly provide emergency 911 wireless service are not eligible for grants unless they submit plans for combining the service in the most cost-effective manner.

Grants to local governments may be used only for purposes related to emergency 911 wireless service that are specified in the bill. For local governments in a county with a population of 500,000 or less, the amount of a grant must be directly proportional to the percentage of in-service wireless telephone numbers in the state with billable addresses that are located in the territory of the local government. For local governments in a county with a population greater than 500,000, the amount of a grant for each city, village, or town must be equal to 93% of the amount that the city, village, or town would receive if it were located in a county with a population of 500,000 or less, and the amount of a grant to the county must be equal to 7% of the total amount that all cities, villages, and towns in that county would receive if they were located in a county with a population of 500,000 or less. In addition, the board may award supplemental grants to local governments that have already received grants, if the board determines that the local government has excessive costs in providing emergency 911 wireless service or is in an area that is underserved by wireless telecommunications providers. Before October 1, 2006, there is no limit on the amount of the 64% local government portion of the surcharges that may be used for supplemental grants. After that date, only 2% of the 64% may be used for supplemental grants.

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

1. The bill requires the board to contract for independent audits of grant applications.

2. The bill allows the board to withhold from public inspection any information the board receives that would aid the competitor of a wireless telecommunications provider. In addition, the board must establish procedures for internal management that limit the access that board members have to confidential business information of wireless telecommunications providers.

3. The bill prohibits local governments and other state agencies from requiring wireless telecommunications providers to collect or pay a surcharge or fee related to emergency 911 wireless service.

4. The bill creates immunity from civil liability for wireless telecommunications providers for damages resulting from any person's use of an emergency 911 wireless service for which a grant is made.

5. The bill requires the board to submit an annual report to the legislature regarding the grant program.

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:

SB20, s. 1 Section 1. 15.105 (28) of the statutes is created to read:

SB20,3,4 15.105 (28) Wireless 911 board. (a) There is created a wireless 911 board attached to the department of administration under s. 15.03 consisting of the following members:

SB20,3,6 1. One representative to the assembly, appointed by the speaker of the assembly.

SB20,4,2 2. One representative to the assembly, appointed by the assembly minority leader.

SB20,4,3 3. One senator, appointed by the president of the senate.

SB20,4,4 4. One senator, appointed by the senate minority leader.

SB20,4,6 5. Four persons who represent the interests of wireless providers, as defined in s. 146.70 (3m) (a) 4., appointed by the governor.

SB20,4,9 6. Four persons who represent the interests of cities, villages, towns, or counties that operate public safety answering points, as defined in s. 146.70 (1) (gm), appointed by the governor.

SB20,4,11 (b) The members appointed under par. (a) 5. and 6. shall serve 3-year terms and may not serve more than 2 consecutive terms.

SB20, s. 2 Section 2. 20.505 (4) (h) of the statutes is amended to read:

SB20,4,25 20.505 (4) (h) Program services. The amounts in the schedule to carry out the responsibilities of divisions, commissions, and boards attached to the department of administration, other than the board on aging and long-term care, the adolescent pregnancy prevention and pregnancy services board, and the public records board, and the wireless 911 board, and to carry out the responsibilities of special and executive committees. All moneys received from fees which are authorized by law or administrative rule to be collected by any division, board or commission attached to the department, other than the board on aging and long-term care, the adolescent pregnancy prevention and pregnancy services board, and the public records board, and the wireless 911 board, and all moneys received from fees that are authorized by law or executive order to be collected by any special or executive committee shall be credited to this appropriation account and used to carry out the purposes for which collected.

SB20, s. 3 Section 3. 20.505 (4) (qb) of the statutes is created to read:

SB20,5,5 20.505 (4) (qb) Wireless 911 board; general program operations. From the wireless 911 fund, a sum sufficient not to exceed 1% of all moneys received under s. 146.70 (3m) (f) 3. for general program operations of the wireless 911 board, including contracting for audits under s. 146.70 (3m) (e).

SB20, s. 4 Section 4. 20.505 (4) (qe) of the statutes is created to read:

SB20,5,10 20.505 (4) (qe) Wireless 911 board; wireless provider grants. From the wireless 911 fund, a sum sufficient not to exceed 35% of all moneys received under s. 146.70 (3m) (f) 3. for the wireless 911 board to make grants to wireless providers under s. 146.70 (3m) (d).

SB20, s. 5 Section 5. 20.505 (4) (qm) of the statutes is created to read:

SB20,5,16 20.505 (4) (qm) Wireless 911 board; local government grants. From the wireless 911 fund, a sum sufficient not to exceed 64% of all moneys received under s. 146.70 (3m) (f) 3. for the wireless 911 board to make grants to cities, villages, towns, and counties under s. 146.70 (3m) (b) and (c). This paragraph does not apply after October 1, 2006.

SB20, s. 6 Section 6. 20.505 (4) (qp) of the statutes is created to read:

SB20,5,21 20.505 (4) (qp) Wireless 911 board; local government semiannual grants. From the wireless 911 fund, a sum sufficient not to exceed 62% of all moneys received under s. 146.70 (3m) (f) 3. for the wireless 911 board to make grants to cities, villages, towns, and counties under s. 146.70 (3m) (b).

SB20, s. 7 Section 7. 20.505 (4) (qs) of the statutes is created to read:

SB20,6,2 20.505 (4) (qs) Wireless 911 board; local government supplemental grants. From the wireless 911 fund, a sum sufficient not to exceed 2% of all moneys received under s. 146.70 (3m) (f) 3. for the wireless 911 board to make grants to cities, villages, towns, and counties under s. 146.70 (3m) (c).

SB20, s. 8 Section 8. 25.17 (1) (yo) of the statutes is created to read:

SB20,6,4 25.17 (1) (yo) Wireless 911 fund (s. 25.98);

SB20, s. 9 Section 9. 25.98 of the statutes is created to read:

SB20,6,8 25.98 Wireless 911 fund. There is established a separate nonlapsible trust fund designated as the wireless 911 fund, consisting of deposits by the wireless 911 board under s. 146.70 (3m) (f) 3.

SB20, s. 10 Section 10. 146.70 (3m) of the statutes is created to read:

SB20,6,10 146.70 (3m) Wireless providers. (a) Definitions. In this subsection:

SB20,6,11 1. "Board" means the wireless 911 board.