Chapter 256

256.35(3)(f)2. 2. A service supplier may not impose a surcharge under subd. 1. on any service user who resides in any governmental unit which has levied a property tax or other charge for a basic or sophisticated system, except that if the service user has access to a basic or sophisticated system provided by the service supplier, the service supplier may impose a surcharge under subd. 1. for the recurring services related to the maintenance and operation of that system.

256.35(3)(f)3. 3. The surcharge under subd. 1. shall be equal to the charge levied under par. (b) by that county on service users in that county. A contract under par. (b) 3. may be conditioned upon the commission’s approval of such a surcharge. The commission’s approval under this paragraph may be granted without a hearing.

256.35(3)(g) (g) No service supplier may bill any service user for a charge levied by a county under par. (b) unless the service supplier is actually participating in the countywide operation of a basic or sophisticated system in that county.

256.35(3)(h) (h) Every service user subject to and billed for a charge under this subsection is liable for that charge until the service user pays the charge to the service supplier.

256.35(3)(i) (i) Any rate schedule filed under s. 196.19 or 196.20 under which a service supplier collects a charge under this subsection shall include the condition that the contract which established the charge under par. (b) 3. is compensatory and shall include any other condition and procedure required by the commission in the public interest. Within 20 days after that contract or an amendment to that contract has been executed, the service supplier which is a party to the contract shall submit the contract to the commission. The commission may disapprove the contract or an amendment to the contract if the commission determines within 60 days after the contract is received that the contract is not compensatory, is excessive or does not comply with that rate schedule. The commission shall give notice to any person, upon request, that such a contract has been received by the commission. The notice shall identify the service supplier and the county that have entered into the contract.

256.35(3)(j) (j) A service supplier providing telephone service in a county, upon request of that county, shall provide the county information on its capability and an estimate of its costs to install and maintain trunking and central office equipment to operate a basic or sophisticated system in that county and the database required to operate a sophisticated system.

256.35(3s) (3s) Next Generation 911.

256.35(3s)(a) (a) Definitions. In this subsection:

256.35(3s)(a)2. 2. “Emergency services IP network” means a managed Internet protocol network that is used for emergency services and can be shared by all public safety answering points.

256.35(3s)(a)3. 3. “Next Generation 911” means a statewide emergency number system regardless of technology platform that does all of the following:

256.35(3s)(a)3.a. a. Provides standardized interfaces from requests for emergency assistance.

256.35(3s)(a)3.b. b. Processes all types of requests for emergency assistance, including calls and nonvoice and multimedia messages.

256.35(3s)(a)3.c. c. Acquires and integrates data useful to the delivery or routing and handling of requests for emergency assistance.

256.35(3s)(a)3.d. d. Delivers requests for emergency assistance and data to appropriate public safety answering points and emergency responders.

256.35(3s)(a)3.e. e. Supports data and communications needs for coordinated incident response and management.

256.35(3s)(a)3.f. f. Provides a secure environment for emergency communications.

256.35(3s)(a)4. 4. “Operational date,” with respect to a county, means the date determined by the department on which Next Generation 911 begins to be fully operational in the county.

256.35(3s)(a)5. 5. “Service supplier” has the meaning given in sub. (3) (a) 3.

256.35(3s)(a)6. 6. “Service user” has the meaning given in sub. (3) (a) 4.

256.35(3s)(b) (b) Emergency services IP network contracts. The department shall invite bids to be submitted under s. 16.75 and, from the appropriation under s. 20.465 (3) (qm), contract for the creation, operation, and maintenance of an emergency services IP network that to the greatest extent feasible relies on industry standards and existing infrastructure to provide all public safety answering points with the network necessary to implement Next Generation 911.

256.35(3s)(bm) (bm) Competitive grant program for public safety answering points.

256.35(3s)(bm)1. 1. The department shall award grants to public safety answering points for the purposes identified under subd. 2. using the criteria in subd. 3.

256.35(3s)(bm)2. 2. The department shall promulgate rules that identify appropriate purposes for grants under subd. 1. based on the recommendations of the 911 subcommittee under par. (d) 4. Grant purposes may include advanced training of telecommunicators, equipment or software expenses, and incentives to consolidate some or all of the functions of 2 or more public safety answering points. Grant purposes may not include general public safety answering point overhead or staffing costs or costs for providing emergency services or emergency services equipment.

256.35(3s)(bm)3. 3. The department shall promulgate rules that contain eligibility criteria for grants under subd. 1. based on the recommendations of the 911 subcommittee under par. (d) 4.

256.35(3s)(bm)4. 4. The department may not award a grant under subd. 1. to more than one public safety answering point per county.

256.35(3s)(bm)5. 5. Public safety answering points are eligible to receive a grant under subd. 1. without regard as to whether the public safety answering point is located in a county that is participating in an emergency services IP network contract described under par. (b).

256.35(3s)(br) (br) Competitive grant program for geographic information systems.

256.35(3s)(br)1. 1. The department shall award grants to county land information offices for the purposes identified under subd. 2. using the criteria in subd. 3.

256.35(3s)(br)2. 2. Grants under subd. 1. shall be issued based on the purposes recommended by the 911 subcommittee under par. (d) 4m. Grant purposes may include data preparation, data gathering, data creation, geographic information system staffing, data preparation and collection contracts, and training, if these purposes enable Next Generation 911. Grant purposes may not include general county overhead or costs for providing emergency services or emergency services equipment.

256.35(3s)(br)3. 3. The department shall develop a policy setting forth eligibility criteria for grants under subd. 1. based on the recommendations of the 911 subcommittee under par. (d) 4m.

256.35(3s)(br)4. 4. The department may not award more than one grant under subd. 1. per county per fiscal year.

256.35(3s)(bx) (bx) Grant program for incumbent local exchange carriers.

256.35(3s)(bx)1. 1. In this paragraph, “incumbent local exchange carrier” has the meaning given in 47 USC 251 (h).

256.35(3s)(bx)2. 2. From the appropriation under s. 20.465 (3) (qs), the department shall award grants to incumbent local exchange carriers operating as originating service providers for the reimbursement of the incumbent local exchange carriers’ costs associated with the IP-based transport of Next Generation 911, the database used to operate Next Generation 911, and the purchase, installation, and maintenance of Next Generation 911 equipment. An incumbent local exchange carrier is not eligible for a grant under this subdivision unless it is acting as an incumbent local exchange carrier in this state on March 29, 2024.

256.35(3s)(bx)3. 3. The department shall develop a policy that establishes eligibility criteria for grants under subd. 2. The department may seek recommendations from the 911 subcommittee on the awarding of grants under subd. 2., including advice on appropriate grant purposes and eligibility criteria for grants.

256.35(3s)(bx)4. 4. The department may not award more than one grant under subd. 2. per incumbent local exchange carrier per fiscal year.

256.35(3s)(c) (c) Existing contracts and charges.

256.35(3s)(c)1. 1. The department shall determine the operational date for each county. If a contract under sub. (3) (b) 3. between a service supplier and a county is in effect immediately before the operational date determined for the county, the contract shall expire on the operational date and, except as provided in subd. 2., beginning on the operational date, the service supplier may not bill any service user for a charge levied by the county under sub. (3) (b) or impose a surcharge approved under sub. (3) (f). At least 30 days before a contract expires under this subdivision, the department shall provide written notice of the expiration to the county and service supplier.

256.35(3s)(c)2. 2. If a contract terminates under subd. 1. before a service supplier has been fully compensated for nonrecurring services described in sub. (3) (b) 3. a., the service supplier may continue to bill service users for the charge levied by the county under sub. (3) (b) or impose a surcharge approved under sub. (3) (f) until the service supplier is fully compensated for those nonrecurring services.

256.35(3s)(d) (d) 911 subcommittee duties. The 911 subcommittee shall do all of the following:

256.35(3s)(d)1. 1. Advise the department on the contracts required under par. (b).

256.35(3s)(d)2. 2. Advise the department on the statewide efforts, leveraging of existing infrastructure, and industry standards that are necessary to transition to Next Generation 911.

256.35(3s)(d)3. 3. Make recommendations to the department regarding federal sources of funding and the sustainable funding streams that are required to enable public safety answering points to purchase and maintain equipment necessary for Next Generation 911.

256.35(3s)(d)4. 4. Advise the department or other state agency on awarding Next Generation 911 grants under par. (bm) 1., including advising on appropriate grant purposes and eligibility criteria for the grants. The criteria shall include basic training and service standards that grant applicants must satisfy.

256.35(3s)(d)4m. 4m. Advise the department or any other state agency on awarding geographic information system grants under par. (br), including advising on appropriate grant purposes and eligibility criteria for the grants.

256.35(3s)(d)5. 5. Conduct a statewide 911 telecommunications system assessment.

256.35(3s)(d)6. 6. Develop recommendations for service standards for public safety answering points.

256.35(3s)(d)7. 7. Promote, facilitate, and coordinate interoperability across all public safety answering points with respect to telecommunications services and data systems, including geographic information systems.

256.35(3s)(d)8. 8. Promote, facilitate, and coordinate consolidation of public safety answering point functions where consolidation would provide improved service, increased efficiency, or cost savings.

256.35(3s)(d)9. 9. Undertake all of its duties in a manner that is competitively and technologically neutral.

256.35(4) (4) Departmental duties. The department shall do all of the following:

256.35(4)(a) (a) Collect data from and distribute data to public safety answering points and other entities authorized by the department regarding the status and operation of the components of a statewide emergency number system.

256.35(4)(b) (b) Participate in activities to implement and operate interconnecting statewide emergency number systems with public safety answering points, other states, and the federal government.

256.35(4)(c) (c) Ensure the statewide emergency number system is compliant with any applicable legal requirements.

256.35(4)(d) (d) Develop, coordinate, and communicate technical and operational standards or requirements that, to the greatest extent feasible, rely on industry standards and best practices for establishing a statewide emergency number system, pertaining to all of the following:

256.35(4)(d)1. 1. Delivery and routing of requests for emergency assistance.

256.35(4)(d)2. 2. Procedures for the interconnection of the statewide emergency number system with originating service providers as required under 47 USC 251 and 47 USC 252 and for statewide emergency number system implementation and maintenance.

256.35(4)(d)3. 3. Establishing and implementing statewide emergency number system performance and security testing protocols, in coordination with the division of enterprise technology in the department of administration.

256.35(4)(d)4. 4. Public safety answering point basic training guidelines.

256.35(4)(d)5. 5. Interoperability across all public safety answering points with respect to telecommunications services and data systems, including geographic information systems.

256.35(4)(d)6. 6. Consolidation of public safety answering point functions when consolidation would provide improved service, increased efficiency, or cost savings.

256.35(4)(e) (e) Develop and implement a statewide plan for the implementation, operation, and maintenance of a statewide emergency number system based on recommendations from the 911 subcommittee under sub. (3s) (d) 2.

256.35(4)(f) (f) Complete the duties under this subsection in a manner that is competitively and technologically neutral.

256.35(4)(g) (g) No later than November 1 of each even-numbered year and in consultation with the 911 subcommittee under sub. (3s) (d) 1., submit a report to the governor and to the legislature in the manner provided under s. 13.172 (2) on the status of Next Generation 911 implementation, operation, and maintenance.

256.35(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.

256.35(7) (7) Liability exemptions.

256.35(7)(a) (a) All of the following 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., 2015 stats.:

256.35(7)(a)1. 1. A telecommunications utility.

256.35(7)(a)2. 2. A wireless provider, as defined in s. 256.35 (3m) (a) 6., 2015 stats.

256.35(7)(a)3. 3. A local government, as defined in s. 256.35 (3m) (a) 4., 2015 stats.

256.35(7)(a)4. 4. A person that supplies any service, product, equipment, or database, including any related emergency notification service or process, that is used for or in conjunction with the installation, implementation, operation, or maintenance of the emergency number system and that is used by a public safety answering point.

256.35(7)(bm) (bm) Any public safety answering point or dispatcher who provides telephonic assistance on administering cardiopulmonary resuscitation is immune from civil liability for any outcomes resulting from the administration of cardiopulmonary resuscitation or failure to administer cardiopulmonary resuscitation if all of the following conditions exist:

256.35(7)(bm)1. 1. The dispatcher who provides telephonic assistance on administering cardiopulmonary resuscitation has been trained in accordance with the standards under sub. (2m) (b).

256.35(7)(bm)2. 2. The dispatcher provides telephonic assistance on administering cardiopulmonary resuscitation by doing any of the following:

256.35(7)(bm)2.a. a. Using an evidence-based protocol or script as described under sub. (2m) (b) 1.

256.35(7)(bm)2.b. b. Transferring the caller to a dedicated telephone line, a telephone center, or another public safety answering point as described under sub. (2m) (b) 2.

256.35(7)(bm)3. 3. The injury claimed is not the result of an act or omission that constitutes gross negligence or willful or wanton misconduct by the dispatcher or public safety answering point.

256.35(9) (9) Joint powers agreement.

256.35(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.

256.35(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).

256.35(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.

256.35(10) (10) Penalties.

256.35(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 $100 nor more than $600 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.

256.35(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.

256.35(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.

256.35 History History: 1977 c. 392; 1979 c. 34, 361; 1981 c. 20 s. 2202 (1) (b); 1981 c. 383; 1983 a. 27; 1983 a. 53 s. 114; 1983 a. 189 s. 329 (31); 1985 a. 29, 120; 1985 a. 297 ss. 12, 76; 1985 a. 332; 1987 a. 27, 403; 1989 a. 31; 1991 a. 39, 267; 1993 a. 16, 388, 496; 1997 a. 218, 283; 1999 a. 185; 2001 a. 109; 2003 a. 48, 320; 2005 a. 25; 2007 a. 130 ss. 160 to 165; Stats. 2007 s. 256.35; 2009 a. 28; 2009 a. 180 s. 126; 2011 a. 32, 275; 2017 a. 59; 2017 a. 207 s. 5; 2017 a. 296; 2019 a. 26; 2021 a. 238 ss. 25, 45; 2021 a. 261; 2023 a. 12, 222.

256.35 Cross-reference Cross-reference: See also ch. PSC 173, Wis. adm. code.

256.40 256.40 Opioid antagonists.

256.40(1) (1) In this section: