AB101: Bill Text

AB101,1,3 An Act to repeal 256.35 (3) (a) 3.; to renumber and amend 256.35 (3) (a) 2.; and to create 20.155 (3) (g) and 256.35 (3f) of the statutes; relating to: state 911 telecommunications services and making an appropriation.

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 was prepared for the Joint Legislative Council's Special Committee on 911 Communications.

This bill requires the public service commission (PSC) to contract with a network of 911 telecommunications service providers to perform selective routing services, manage updates to automatic location information databases, manage master street address guides statewide, and perform other functions related to state 911 telecommunications services. The bill also requires communications providers to provide price schedules for 911 telecommunications services to the PSC, requires the PSC to review the price schedules to determine whether they are commercially reasonable, and requires the PSC to reimburse the commercially reasonable costs the providers incur. These costs include those associated with both wireless and landline 911 telecommunications service.

The requirements described above are intended to replace requirements under current law for counties to contract with telecommunications utilities for 911 telecommunications services. Those requirements under current law are repealed by 2013 Assembly Bill .... (LRB-0921/1). This bill includes transitional provisions for telecommunications utilities to continue to perform the contracts until the requirements described above are implemented. In addition, the bill includes requirements for the PSC to reimburse telecommunications utilities for services provided during the transition.

This bill also creates a staff position at the PSC to perform these functions and allows the PSC to pay its administrative expenses from the state 911 fee, not to exceed 1% of the revenue from that fee that is disbursed under contracts with 911 telecommunications service providers and paid to communications providers for 911 telecommunications service.

AB101,1 Section 1. 20.155 (3) (g) of the statutes is created to read:

AB101,2,8 20.155 (3) (g) Statewide 911 telecommunications. From the moneys received under s. 256.35 (3) (dm), a sum sufficient for contracts required under s. 256.35 (3f) (b), reimbursements required under s. 256.35 (3f) (c) and 2013 Wisconsin .... (this act), section 5 (2) (c) and (d), and administration of the contracts and reimbursements, except that no more than 1 percent of the moneys appropriated under this paragraph for the contracts and reimbursements may be used for administration of the contracts and reimbursements.

AB101,2 Section 2. 256.35 (3) (a) 2. of the statutes is renumbered 256.35 (3f) (a) and amended to read:

AB101,2,18 256.35 (3f) (a) "Costs" In this subsection, "costs" means the costs incurred by a service supplier communications provider or 911 service provider after August 1, 1987 the effective date of this paragraph .... [LRB inserts date], in installing and maintaining the trunking and central office equipment used only to operate a basic or sophisticated system and the database databases used only to operate a sophisticated system; the costs incurred for the provision of 911 telecommunications service between selective routers and public safety answering points; and all other costs associated with providing 911 telecommunications service.

Note: This revision would include as recoverable costs all telecommunications costs incurred by "911 service providers" and "communications providers", as defined below.

AB101,3 Section 3. 256.35 (3) (a) 3. of the statutes is repealed.

AB101,4 Section 4. 256.35 (3f) of the statutes is created to read:

AB101,3,5 256.35 (3f) Statewide 911 telecommunications. (b) From the appropriation under s. 20.155 (3) (g), the commission shall contract with 911 service providers for the establishment and maintenance of a statewide 911 telecommunications system.

AB101,3,13 (c) From the appropriation under s. 20.155 (3) (g), the commission shall reimburse all commercially reasonable costs incurred by a communications provider to provide 911 telecommunications service. A communications provider shall file with the commission a price schedule that lists the prices of all of the communications provider's services associated with installing, maintaining, and operating 911 telecommunications service, including nonrecurring and recurring costs. The commission shall determine whether a communications provider's price schedule is commercially reasonable.

AB101,3,15 (d) The commission may contract with a 3rd party for the administration of this subsection.

AB101,5 Section 5 . Nonstatutory provisions.

AB101,3,21 (1) Position authorization. The authorized FTE positions for the public service commission are increased by 1.0 PR position, to be funded from the appropriation under section 20.155 (3) (g) of the statutes, as created by this act, for the purpose of administration of contracts and reimbursements required under section 256.35 (3f) of the statutes, as created by this act.

AB101,3,22 (2) Transition to statewide 911 telecommunications service.

AB101,3,23 (a) Definitions. In this subsection:

AB101,4,2 1. "911 contracts" means the contracts required under section 256.35 (3f) (b) of the statutes, as created by this act.

AB101,4,3 2. "Commission" means the public service commission.

AB101,4,6 3. "Existing contract" means a contract described in section 256.35 (3) (b) 3., 2011 stats., between a county and service provider that is in effect immediately before the effective date of this subdivision.

AB101,4,8 4. "Service supplier" has the meaning given in section 256.35 (3) (a) 3., 2011 stats.

AB101,4,9 5. "Service user" has the meaning given in section 256.35 (3) (a) 4., 2011 stats.

AB101,4,16 (b) Existing duties. If a county and service provider have entered into an existing contact, the service provider shall continue to perform the duties specified in the existing contract. The requirement to perform those duties shall terminate on the date, as determined by the commission, that a statewide 911 telecommunications system is established in the county pursuant to the applicable 911 contracts. The commission shall specify the termination date in a written notice that the commission shall provide to the service provider and county.

AB101,4,21 (c) Reimbursement for existing duties. From the appropriation under section 20.155 (3) (g) of the statutes, as created by this act, the commission shall reimburse a service provider for performing the duties required under paragraph (b). The amount of the reimbursement may not exceed the charges levied on the service provider's service users under section 256.35 (3) (b), 2011 stats.

AB101,5,3 (d) Other reimbursement. From the appropriation under section 20.155 (3) (g) of the statutes, as created by this act, the commission shall reimburse a service provider for any nonrecurring services described in section 256.35 (3) (b) 3. a., 2011 stats., that are provided under an existing contract, that the service provider has not recovered in rates pursuant to section 256.35 (3) (d), 2011 stats., and for which the service provider is not otherwise reimbursed under paragraph (c), all contracts, or section 256.35 (3f) (c) of the statutes, as created by this act.

AB101,5,6 (3) Reconciliation. This act is void if 2013 Assembly Bill .... (LRB-0919/1), 2013 Assembly Bill .... (LRB-0921/1), 2013 Assembly Bill .... (LRB-0922/1), or 2013 Assembly Bill .... (LRB-0924/1) are not enacted.

AB101,6 Section 6. Effective date.

AB101,5,10 (1) The treatment of sections 20.155 (3) (g) and 256.35 (3) (a) 2. and 3. and (3f) of the statutes and Section 5 of this act take effect on the first day of the 4th month beginning after publication.

AB101,5,11 (End)