LRB-2168/1
MDK&JK:jld&sac:rs
2013 - 2014 LEGISLATURE
May 3, 2013 - Introduced by Representatives Jacque, Bernier, Bies, Czaja,
Kestell, Murtha, Nass, Petryk, Schraa, Stroebel, Thiesfeldt and Tittl,
cosponsored by Senators Leibham, Grothman, Lasee, Schultz and Tiffany.
Referred to Committee on Energy and Utilities.
AB186,1,5 1An Act to repeal 20.155 (3) (t), 20.835 (1) (r), 25.17 (1) (ku), 25.99, 77.54 (55) and
2196.025 (6); and to amend 20.835 (1) (db), 25.50 (3) (b), 196.202 (2), 196.203 (1g)
3(a), 196.206 (1), 196.499 (1) (intro.) and 196.50 (2) (j) 1. b. of the statutes;
4relating to: the police and fire protection fee imposed on certain
5communications services.
Analysis by the Legislative Reference Bureau
Under current law, a person that provides active retail voice communications
service (communications provider) must impose a monthly fee of $0.75 on each
communications service connection with an assigned telephone number. However,
for a prepaid wireless plan, a communications provider or retailer must impose a
one-time fee of $0.38, instead of the $0.75 monthly fee. Current law allows a
communications provider or retailer to separately list the fee on customer bills. If
separately listed, the communications provider or retailer must identify the fee as
"police and fire protection fee." Communications providers and retailers must remit
the fees to the Public Service Commission (PSC), except that the PSC may contract
with the Department of Revenue (DOR) to collect the fees for prepaid wireless plans.
The PSC and DOR must deposit the fees in the police and fire protection fund, which
is used to make shared revenue payments to counties, towns, villages, and cities.
This bill eliminates the requirement for communications providers and
retailers to impose the above fees. The bill also eliminates the police and fire
protection fund and the shared revenue payments made from that fund.

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:
AB186,1 1Section 1. 20.155 (3) (t) of the statutes is repealed.
AB186,2 2Section 2. 20.835 (1) (db) of the statutes is amended to read:
AB186,2,53 20.835 (1) (db) County and municipal aid account. A sum sufficient to make
4payments to counties, towns, villages, and cities under s. 79.035, less the amount
5paid from the appropriation under par. (r)
.
AB186,3 6Section 3. 20.835 (1) (r) of the statutes is repealed.
AB186,4 7Section 4. 25.17 (1) (ku) of the statutes is repealed.
AB186,5 8Section 5. 25.50 (3) (b) of the statutes is amended to read:
AB186,2,159 25.50 (3) (b) On the dates specified and to the extent to which they are
10available, subject to s. 16.53 (10), funds payable to local governments under ss.
1179.035, 79.04, 79.05, 79.08, and 79.10 shall be considered local funds and, pursuant
12to the instructions of local officials, may be paid into the separate accounts of all local
13governments established in the local government pooled-investment fund and,
14pursuant to the instructions of local officials, to the extent to which they are
15available, be disbursed or invested.
AB186,6 16Section 6. 25.99 of the statutes is repealed.
AB186,7 17Section 7. 77.54 (55) of the statutes is repealed.
AB186,8 18Section 8. 196.025 (6) of the statutes is repealed.
AB186,9 19Section 9. 196.202 (2) of the statutes is amended to read:
AB186,3,520 196.202 (2) Scope of regulation. A commercial mobile radio service provider
21is not subject to this chapter, except as provided in sub. (5), and except that a

1commercial mobile radio service provider is subject to ss. 196.025 (6), 196.218 (3), and
2196.859, and shall respond, subject to the protection of the commercial mobile radio
3service provider's competitive information, to all reasonable requests for information
4about its operations in this state from the commission necessary to administer ss.
5196.025 (6), 196.218 (3), and 196.859.
AB186,10 6Section 10. 196.203 (1g) (a) of the statutes is amended to read:
AB186,3,87 196.203 (1g) (a) An alternative telecommunications utility is subject to ss.
8196.01, 196.016, 196.025 (6), 196.191, 196.206, and 196.212.
AB186,11 9Section 11. 196.206 (1) of the statutes is amended to read:
AB186,3,1410 196.206 (1) Exemptions. An interconnected voice over Internet protocol service
11is not subject to this chapter, except as provided in this section, and except that an
12interconnected voice over Internet protocol service is subject to ss. 196.01, 196.016,
13196.025 (6), 196.199, 196.218 (3), 196.858, and 196.859, and except as required for
14the commission to administer and enforce this section.
AB186,12 15Section 12. 196.499 (1) (intro.) of the statutes is amended to read:
AB186,3,1816 196.499 (1) Scope. (intro.) Notwithstanding any other provisions of this
17chapter, a telecommunications carrier is not subject to regulation under this chapter,
18except for s. 196.025 (6), and except under each of the following provisions:
AB186,13 19Section 13. 196.50 (2) (j) 1. b. of the statutes is amended to read:
AB186,4,2120 196.50 (2) (j) 1. b. Provide notice to the commission to recertify the
21telecommunications utility under this subsection and impose on the
22telecommunications utility only those provisions of this chapter specified in this
23subd. 1. b. No later than 30 days after receiving notice under this subd. 1. b., the
24commission shall issue an order that grants recertification under this subsection and
25that imposes on the telecommunications utility only those provisions of this chapter

1specified in this subd. 1. b. The telecommunications utility shall be exempt from all
2provisions of this chapter, except ss. 196.01, 196.016, 196.025 (6), 196.191, 196.206,
3196.212, 196.219 (2r), and 196.503; and except those provisions in s. 196.203 (4m) (a)
4that are imposed on all alternative telecommunications utilities under s. 196.203 (3);
5and except, with respect to its wholesale telecommunications services only, ss. 196.03
6(1) and (6), 196.219 (4), 196.28, and 196.37. If required by the public interest, the
7commission may, with respect only to intrastate switched access services, impose on
8the telecommunications utility s. 196.03 (1) and (6) and 196.37, except that the
9commission may not impose s. 196.03 (1) or (6) without also imposing s. 196.37 on the
10telecommunications utility. The granting of the recertification shall operate to
11terminate the telecommunications utility's prior certification. All regulatory
12requirements related to the prior certification that are inconsistent with the
13requirements of or regulation allowed under this subd. 1. b., including all such
14requirements imposed by the certification, and all such requirements imposed by the
15commission, whether by statute or commission rule or order, on the
16telecommunications utility are terminated on the effective date of the order unless
17the telecommunications utility, in its notice to the commission seeking recertification
18under this subd. 1. b., requests to remain subject to one or more requirements of its
19prior certification that do not violate the telecommunications utility's requirements
20or obligations under this chapter and the commission does not deny the request in
21its recertification order.
AB186,4,2222 (End)
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