AB99: Bill Text

AB99,2,10 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Milwaukee River revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24, and the electronic recording council has the powers and duties specified in s. 706.25 (4), and the state 911 council has the powers and duties specified in ss. 16.9647 (2) and 256.35 (3) (cm) 1.

AB99,2 Section 2. 196.025 (6) (b) 1. and 2. of the statutes are amended to read:

AB99,3,13 196.025 (6) (b) 1. Except as provided in subd. 2., a communications provider shall impose a monthly fee of $0.75 on each communications service connection with an assigned telephone number, including a communication service provided via a voice over Internet protocol connection. If a communications provider provides multiple communications service connections to a subscriber, the communications provider shall impose a separate fee under this subdivision on each of the first 10 connections and one additional fee for each 10 additional connections per billed account. A communications provider may list the fee separately from other charges on a subscriber's bill, and if a communications provider does so, the communications provider shall identify the fee as "police and fire protection fee," or, if the communications provider combines the fee with a charge fee imposed under s. 256.35 (3) (bm), the communications provider shall identify the combined fee and charge fees as "charge for funding countywide state 911 systems plus police and fire protection fee." Any partial payment of a fee by a subscriber shall first be applied to any amount the subscriber owes the communications provider for communications service.

AB99,3,23 2. A communications provider that offers a prepaid wireless telecommunications plan, or a retailer that offers such a plan on behalf of a communications provider, shall impose a fee equal to $0.38 on each retail transaction for such a plan that occurs in this state. A communications provider or retailer may state the amount of the fee separately on a bill for the retail transaction, and if a communications provider or retailer does so, the communications provider or retailer shall identify the fee as "police and fire protection fee."," or, if the communications provider combines the fee with a fee imposed under s. 256.35 (3) (bm), the communications provider shall identify the combined fees as "charge for funding state 911 systems plus police and fire protection fee."

AB99,3 Section 3. 196.025 (6) (c) 3. of the statutes is amended to read:

AB99,4,4 196.025 (6) (c) 3. The commission and department shall deposit all fees remitted under subds. 1. and 2. into the police and fire protection fund, except that, if more than $54,089,000 in fees are remitted in a fiscal year, the amount exceeding $54,089,000 shall be credited to the appropriation account under s. 20.505 (6) (hm).

Note: This provision of the bill would direct that all funding collected under the police and fire protection fee in excess of the average collected in the last 2 fiscal years be appropriated for the state 911 grants created under 2013 LRB-0922. Collections under the police and fire protection fee were $51,897,000 in 2010-11 and $56,281,000 in 2011-12.

AB99,4 Section 4. 256.35 (1) (a) of the statutes is renumbered 256.35 (1) (as).

AB99,5 Section 5. 256.35 (1) (cp) of the statutes is created to read:

AB99,4,9 256.35 (1) (cp) "Communications provider" means a person that provides active voice or nonvoice communications service that is capable of accessing a public safety answering point.

AB99,6 Section 6. 256.35 (1) (ct) of the statutes is created to read:

AB99,4,12 256.35 (1) (ct) "Communications service" means active voice or nonvoice communications service that is capable of accessing a public safety answering point.

AB99,7 Section 7. 256.35 (1) (d) of the statutes is repealed.

AB99,8 Section 8. 256.35 (3) (title) of the statutes is amended to read:

AB99,4,15 256.35 (3) (title) Funding for countywide systems state 911 system.

AB99,9 Section 9. 256.35 (3) (a) 2m. of the statutes is created to read:

AB99,4,17 256.35 (3) (a) 2m. "Department" means the department of revenue.

AB99,10 Section 10. 256.35 (3) (a) 4. of the statutes is amended to read:

AB99,4,21 256.35 (3) (a) 4. "Service user" means any person who is provided telephone communications service by a service supplier which includes access to a basic or sophisticated system communications provider.

AB99,11 Section 11. 256.35 (3) (b), (c), (d), (e), (f), (g), (i) and (j) of the statutes are repealed.

AB99,12 Section 12. 256.35 (3) (bm) of the statutes is created to read:

AB99,5,18 256.35 (3) (bm) Fee imposed. 1. Except as provided in subd. 2., a communications provider shall impose a monthly fee of $0.40, subject to any adjustment under par. (cm), on each communications service connection, including a communication service provided via a voice over Internet protocol connection. If a communications provider provides multiple communications service connections to a service user, the communications provider shall impose a separate fee under this subdivision on each of the first 10 connections and one additional fee for each 10 additional connections per billed account. A communications provider may list the fee separately from other charges on a service user's bill, and if a communications provider does so, the communications provider shall identify the fee as "state 911 fee," or, if the communications provider combines the fee with a fee imposed under s. 196.025 (6), the communications provider shall identify the combined fees as "charge for funding state 911 systems plus police and fire protection fee." Any partial payment of a fee by a service user shall first be applied to any amount the service user owes the communications provider for communications service.

AB99,6,4 2. A communications provider that offers a prepaid wireless telecommunications plan, or a retailer that offers such a plan on behalf of a communications provider, shall impose a fee equal to $0.20, subject to any adjustment under par. (cm), on each retail transaction for such a plan that occurs in this state. A communications provider or retailer may state the amount of the fee separately on a bill for the retail transaction, and if a communications provider or retailer does so, the communications provider or retailer shall identify the fee as "state 911 fee," or, if the communications provider combines the fee with a fee imposed under s. 196.025 (6), the communications provider shall identify the combined fees as "charge for funding state 911 systems plus police and fire protection fee."

AB99,13 Section 13. 256.35 (3) (cm) of the statutes is created to read:

AB99,6,9 256.35 (3) (cm) Fee adjustments. 1. The commission may annually issue an order decreasing or increasing the amount of the fee required under par. (bm), but only as specified in subd. 2. and only if directed by the the state 911 council under s. 16.9647 (2) (i) and approved by the governor.

AB99,6,11 2. a. An order under subd. 1. may not decrease the fee below the amount necessary to generate sufficient revenue for the appropriation under s. 20.155 (3) (g).

AB99,6,15 b. An order under subd. 1. may increase the fee to reflect adjustments to the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor. The commission shall advise the state 911 council on the increases that are allowed under this subd. 2. b.

AB99,6,20 c. For the fee required under par. (bm) 1., an order under subd. 1. may increase the fee to no more than $0.40 per month with an adjustment described in subd. 2. b., and except that, for the fee required under par. (bm) 2., an order under subd. 1. may increase the fee to no more than $0.20 per retail transaction with an adjustment described in subd. 2. b.

AB99,6,25 3. No later than October 1 of each year, the commission shall notify communications providers and sellers who offer prepaid wireless on behalf of communications providers of any order issued under subd. 1. for that year and any decrease or increase to the fee allowed under par. (bm) that is specified in the order shall be effective on January 1 of the following year.

AB99,14 Section 14. 256.35 (3) (dm) of the statutes is created to read:

AB99,7,5 256.35 (3) (dm) Fee remittance. 1. Except as provided in subd. 2., no later than the first calendar month following the calendar month in which a communications provider or retailer receives from a service user a fee imposed under par. (bm), the communications provider or retailer shall remit the fee to the commission.

AB99,7,8 2. The commission may contract with the department for the collection of fees imposed under par. (bm). If the commission and department enter into such a contract, all of the following apply:

AB99,7,12 a. No later than the first calendar month following the calendar month in which a communications provider or retailer receives from a service user a fee that is subject to the contract, the communications provider or retailer shall remit the fee to the department.

AB99,7,15 b. The department may require communications providers and retailers to register with the department and file returns in the manner prescribed by the department.

AB99,7,17 c. Section 77.59 (1) to (6), (8), and (8m), as it applies to the taxes imposed under subch. III of ch. 77, applies to the fees that are subject to the contract.

AB99,15 Section 15. 256.35 (3) (em) of the statutes is created to read:

AB99,7,20 256.35 (3) (em) Commission powers. The commission may do any of the following:

AB99,7,21 1. Promulgate rules for administering this subsection.

AB99,7,23 2. Bring an action to collect any amount that is required to be remitted under par. (dm).

AB99,16 Section 16. 256.35 (3) (h) of the statutes is amended to read:

AB99,8,3 256.35 (3) (h) Fee liability. Every service user subject to and billed for a charge fee under this subsection is liable for that charge fee until the service user pays the charge fee to the service supplier communications provider.

AB99,17 Section 17. 256.35 (4) of the statutes is amended to read:

AB99,8,8 256.35 (4) Departmental advisory Advisory authority. The department of administration may provide information to public agencies, public safety agencies and telecommunications utilities relating to the development and operation of emergency number systems.

AB99,18 Section 18. Nonstatutory provisions.

AB99,8,12 (1) Reconciliation. This act is void if 2013 Assembly Bill .... (LRB-0919/1), 2013 Assembly Bill .... (LRB-0922/1), 2013 Assembly Bill .... (LRB-0923/1), or 2013 Assembly Bill .... (LRB-0924/1) are not enacted.

AB99,19 Section 19. Effective dates. This act takes effect on the day after publication, except as follows:

AB99,8,17 (1) The treatment of section 256.35 (3) (title), (a) 2m. and 4., (b), (bm), (c), (cm), (d), (dm), (e), (em) (f), (g), (h), (i), and (j) of the statutes takes effect on the first day of the 4th month beginning after publication.

AB99,8,18 (End)