146.70(3m)(c)1.a.
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.
146.70(3m)(c)1.c.
c. Network costs for delivery of calls from a wireless provider to a wireless public safety answering point.
146.70(3m)(c)1.d.
d. Collection and maintenance of data used by the wireless public safety answering point, including data to identify a caller and the location of a caller.
146.70(3m)(c)1.e.
e. Relaying messages regarding wireless emergency 911 telephone calls via data communications from the wireless public safety answering point to local government emergency call centers in operation before June 1, 2003, that dispatch the appropriate emergency service providers, but only if the rules promulgated under
par. (d) 4. allow for reimbursement of such costs.
146.70(3m)(c)1m.
1m. The estimate under
subd. 1. may not include, and a local government may not seek reimbursement for, any costs described in
subd. 1. that the local government recovers in the form of a gift or grant received by the local government for the purposes described in
subd. 1.
146.70(3m)(c)1r.
1r. An application under
subd. 1. may include an estimate of costs directly and primarily incurred by the local government or local governments between January 1, 1999, and September 3, 2003, for any of the costs identified in
subd. 1. a. and
d.
146.70(3m)(c)2.
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.
146.70(3m)(c)3.
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 3rd month beginning after the effective date of the rules promulgated under
par. (d) 4., every county that 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).
146.70(3m)(c)4.
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).
146.70(3m)(c)5.
5. Except as provided in
subd. 6. a., a local government that operates, or local governments that jointly operate, a wireless public safety answering point are not eligible for grants under
par. (d) unless the wireless public safety answering point serves the entire geographic area of all of the following:
146.70(3m)(c)5.a.
a. For each local government that is not a county, each county in which the local government is located.
146.70(3m)(c)6.a.a. A local government is not required to serve, with its wireless public safety answering point, the area of a city, village, or town that, by resolution, states its intention to establish a wireless public safety answering point separate from the wireless public safety answering point specified in a resolution under
subd. 3. passed by the county in which the city, village, or town is located. A city, village, or town that adopts a resolution under this
subd. 6. a. shall ensure that its entire geographic area is served by another wireless public safety answering point.
146.70(3m)(c)6.b.
b. A city, village, or town that adopts a resolution under
subd. 6. a. is not required to receive wireless 911 emergency service from the wireless public safety answering point specified in a resolution under
subd. 3. passed by the county in which the city, village, or town is located. A city, village, or town that rescinds a resolution adopted under
subd. 6. a. is required to receive wireless 911 emergency service from the wireless public safety answering point specified in a resolution under
subd. 3. passed by the county in which the city, village, or town located, unless the city, village, or town subsequently adopts a new resolution under
subd. 6. a.
146.70(3m)(c)6.c.
c. A city, village, or town that adopts a resolution under
subd. 6. a. shall submit a copy of the resolution to the county in which it is located and to the commission.
146.70(3m)(d)1.1. 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 a cost-effective and efficient statewide system for responding to wireless emergency 911 telephone calls and, for an application under
par. (c), if the requirements under
subd. 1g. are satisfied.
146.70(3m)(d)1e.
1e. If a wireless provider or local government submits an application after the deadline specified in
par. (b) 1. or
(c) 1. (intro.), the commission shall reduce the costs approved under
subd. 1. by the following amounts:
146.70(3m)(d)1e.b.
b. If the application is 1 week or more but less than 2 weeks late, 10%.
146.70(3m)(d)1e.c.
c. If the application is 2 weeks or more but less than 4 weeks late, 25%.
146.70(3m)(d)1e.d.
d. If the application is 4 weeks or more late, the wireless provider or local government is not eligible for a grant.
146.70(3m)(d)1g.
1g. If an application under
par. (c) includes an estimate of costs identified in
par. (c) 1. d. incurred during the reimbursement period or between January 1, 1999, and September 3, 2003, the commission may approve the application only if the commission determines that the local government's collection of land information, as defined in
s. 16.967 (1) (b), and development of a land information system, as defined in
s. 16.967 (1) (c), that is related to that purpose are consistent with the applicable county land records modernization plans developed under
s. 59.72 (3) (b), conform to the standards on which such plans are based, and do not duplicate land information collection and other efforts funded through the land information program under
s. 16.967 (7). The commission shall obtain the advice of the land information board in making determinations under this subdivision.
Effective date note
NOTE: Subd. 1g. is repealed and recreated eff. 7-1-05 by
2003 Wis. Act 48 to read:
Effective date text
1g. If an application under par. (c) includes an estimate of costs for the purpose described in par. (c) 1. d., the commission may approve the application only if the commission determines that the local government's collection of land information, as defined in s. 16.967 (1) (b), 2001 stats., and development of a land information system, as defined in s. 16.967 (1) (c), 2001 stats., that is related to that purpose are consistent with the applicable county land records modernization plans developed under s. 59.72 (3) (b), 2001 stats., conform to the standards on which such plans are based, and do not duplicate land information collection and other efforts funded through the land information program under s. 16.967 (7), 2001 stats.
146.70(3m)(d)1r.
1r. If the commission does not approve an application under
subd. 1., 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.
146.70(3m)(d)2.
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. that are actually incurred by the wireless providers and local governments, except that no wireless provider or local government may receive a total amount in grants that exceeds the estimated amount approved by the commission under
subd. 1. for that wireless provider or local government. 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.
146.70(3m)(d)3.
3. No grant to a local government under
subd. 2. may be used to reimburse costs for any of the following:
146.70(3m)(d)3.a.
a. Emergency service dispatch, including personnel, training, equipment, software, records management, radio communications, and mobile data network systems.
146.70(3m)(d)3.c.
c. Communications equipment and software used to communicate with vehicles.
146.70(3m)(d)3.d.
d. Real estate and improvements to real estate, other than improvements necessary to maintain the security of a wireless public safety answering point.
146.70(3m)(d)3.e.
e. Salaries and benefits of operators of a wireless public safety answering point.
146.70(3m)(d)4.
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 require the commission to make the grants during the 3-year period beginning on the first day of the 3rd month beginning after the effective date of the rules promulgated under
par. (f) 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. The rules shall also include requirements for wireless providers specified in
par. (b) 2. to apply for grants. The rules shall specify the conditions under which a wireless provider or local government may revise an application approved under
subd. 1.
146.70(3m)(d)4m.
4m. The rules promulgated under
subd. 4. may allow local governments to receive grants for reimbursement of the costs described in
par. (c) 1. e., but only if the commission determines that reimbursement of such costs is in the public interest, promotes public health and safety.
146.70(3m)(d)6.
6. If the commission approves an application under
subd. 1., the wireless provider or a local government that submitted the application may, before the commission makes a grant award to the wireless provider or local government, revise the application pursuant to the rules promulgated under
subd. 4.
146.70(3m)(e)
(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.
146.70(3m)(f)1.1. The commission shall promulgate rules requiring each wireless provider to impose the same monthly surcharge for each telephone number of a customer that has a billable address in this state, except that the rules shall adjust the amount of the surcharge that is imposed on customers who prepay for service to ensure that such customers pay an amount that is comparable to the monthly amount paid by other customers. The rules shall require the surcharge to be imposed during the 3-year period beginning on the first day of the 2nd month beginning after the effective date of the rules. 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). The rules shall require wireless providers to pay the surcharge to the commission for deposit in the wireless 911 fund.
146.70(3m)(f)2.
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.
146.70(3m)(f)3.
3. A wireless provider shall identify the surcharge on a customer's bill on a separate line that consists of the words "federal wireless 911 mandate fee."
146.70(3m)(f)4.
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.
146.70(3m)(g)
(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.
146.70(3m)(h)
(h)
Other charges prohibited. No local government or state agency, as defined in
s. 560.9810 (1), except the commission, may require a wireless provider to collect or pay a surcharge or fee related to wireless emergency telephone service.
146.70(3m)(i)
(i)
Commission authority. Nothing in this section affects the exemption from commission authority for commercial mobile radio service providers in
s. 196.202.
146.70(3m)(j)
(j)
Sunset. This subsection does not apply after the first day of the 42nd month beginning after the effective date of the rules promulgated under
par. (f) 1.
146.70(4)
(4) Departmental advisory authority. The department may provide information to public agencies, public safety agencies and telecommunications utilities relating to the development and operation of emergency number systems.
146.70(6)
(6) Telecommunications utility requirements. A telecommunications utility serving a public agency or group of public agencies which have established a sophisticated system under
sub. (2) (e) shall provide by December 31, 1985, or upon establishing a system, whichever is later, such public agency or group of public agencies access to the telephone numbers of subscribers and the addresses associated with the numbers as needed to implement automatic number identification and automatic location identification in a sophisticated system, but such information shall at all times remain under the direct control of the telecommunications utility and a telecommunications utility may not be required to release a number and associated address to a public agency or group of public agencies unless a call to the telephone number "911" has been made from such number. The costs of such access shall be paid by the public agency or group of public agencies.
146.70(7)
(7) Liability exemption. A telecommunications utility, wireless provider, as defined in
sub. (3m) (a) 6., or local government, as defined in
sub. (3m) (a) 4., shall not be liable to any person who uses an emergency number system created under this section or makes an emergency telephone call initially routed to a wireless public safety answering point, as defined in
sub. (3m) (a) 7.
146.70(9)(a)(a) In implementing a basic or sophisticated system under this section, public agencies combined under
sub. (2) (d) shall annually enter into a joint powers agreement. The agreement shall be applicable on a daily basis and shall provide that if an emergency services vehicle is dispatched in response to a request through the basic or sophisticated system established under this section, such vehicle shall render its services to the persons needing the services regardless of whether the vehicle is operating outside the vehicle's normal jurisdictional boundaries.
146.70(9)(b)
(b) Public agencies and public safety agencies which have contiguous or overlapping boundaries and which have established separate basic or sophisticated systems under this section shall annually enter into the agreement required under
par. (a).
146.70(9)(c)
(c) Each public agency or public safety agency shall cause a copy of the annual agreement required by
pars. (a) and
(b) to be filed with the department of justice. If a public agency or public safety agency fails to enter into such agreement or to file copies thereof, the department of justice shall commence judicial proceedings to enforce compliance with this subsection.
146.70(10)(a)(a) Any person who intentionally dials the telephone number "911" to report an emergency, knowing that the fact situation which he or she reports does not exist, shall be fined not less than $50 nor more than $300 or imprisoned not more than 90 days or both for the first offense and is guilty of a Class H felony for any other offense committed within 4 years after the first offense.
146.70(10)(b)
(b) Any person who discloses or uses, for any purpose not related to the operation of a basic or sophisticated system, any information contained in the database of that system shall be fined not more than $10,000 for each occurrence.
146.70(11)
(11) Plans. Every public agency establishing a basic or sophisticated system under this section shall submit tentative plans for the establishment of the system as required under this section to every local exchange telecommunications utility providing service within the respective boundaries of such public agency. The public agency shall submit final plans for the establishment of the system to the telecommunications utility and shall provide for the implementation of the plans.
146.70 Cross-reference
Cross Reference: See also ch.
PSC 173, Wis. adm. code.
146.71
146.71
Determination of death. An individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death shall be made in accordance with accepted medical standards.
146.71 History
History: 1981 c. 134.
146.71 Annotation
To determine whether an infant was "born alive" under s. 939.22 (16) for purposes of the homicide laws, courts apply s. 146.71. State v. Cornelius,
152 Wis. 2d 272,
448 N.W.2d 434 (Ct. App. 1989).
146.81(1)
(1) "Health care provider" means any of the following:
146.81(1)(d)
(d) A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under
subch. II of ch. 448.
146.81(1)(hg)
(hg) A social worker, marriage and family therapist, or professional counselor certified or licensed under
ch. 457.
146.81(1)(hm)
(hm) A speech-language pathologist or audiologist licensed under
subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.
146.81(1)(j)
(j) A corporation or limited liability company of any providers specified under
pars. (a) to
(hp) that provides health care services.
146.81(1)(k)
(k) An operational cooperative sickness care plan organized under
ss. 185.981 to
185.985 that directly provides services through salaried employees in its own facility.
