Wisconsin Statutes 256.35 – Statewide emergency services number
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class H felony | up to 6 years | up to $10,000 |
Terms Used In Wisconsin Statutes 256.35
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
- Month: means a calendar month unless otherwise expressed. See Wisconsin Statutes 990.01
- Municipality: includes cities and villages; it may be construed to include towns. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Population: means that shown by the most recent regular or special federal census. See Wisconsin Statutes 990.01
- Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Statute: A law passed by a legislature.
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(1) Definitions. In this section:
(a) “Automatic location identification” means a system which has the ability to automatically identify the address of the telephone being used by the caller and to provide a display at the central location of a sophisticated system.
(b) “Automatic number identification” means a system which has the ability to automatically identify the caller’s telephone number and to provide a display at the central location of a sophisticated system.
(c) “Basic system” means a telecommunications system which automatically connects a person dialing the digits “911” to a public safety answering point.
(cm) “Commercial mobile radio service provider” has the meaning given in s. 196.01 (2g).
(d) “Department” means the department of military affairs.
(e) “Direct dispatch method” means a telecommunications system providing for the dispatch of an appropriate emergency service vehicle upon receipt of a telephone request for such service.
(em) “Emergency number system” means any basic system, sophisticated system, or Next Generation 911, as defined in sub. (3s) (a) 3., regardless of technology platform.
(es) “Originating service provider” means an entity that provides a service that may be used to generate a request for emergency assistance and that may connect to an emergency number system.
(f) “Public agency” means any municipality as defined in s. 345.05 (1) (c) or any state agency which provides or is authorized by statute to provide fire fighting, law enforcement, ambulance, medical or other emergency services.
(g) “Public safety agency” means a functional division of a public agency which provides fire fighting, law enforcement, medical or other emergency services.
(gm) “Public safety answering point” means a facility to which a call on an emergency number system is initially routed for response, and on which a public agency directly dispatches the appropriate emergency service provider, relays a message to the appropriate emergency service provider or transfers the call to the appropriate emergency services provider.
(h) “Relay method” means a telecommunications system whereby a request for emergency services is received and relayed to a provider of emergency services by telephone.
(i) “Sophisticated system” means a basic system with automatic location identification and automatic number identification.
(k) “Transfer method” means a telecommunications system which receives telephone requests for emergency services and transfers such requests directly to an appropriate public safety agency or other provider of emergency services.
(2) Emergency phone system.
(a) Every public agency may establish and maintain within its respective jurisdiction a basic or sophisticated system under this section. Such a system shall be in a central location.
(b) Every basic or sophisticated system established under this section shall be capable of transmitting requests for law enforcement, fire fighting and emergency medical and ambulance services to the public safety agencies providing such services. Such system may provide for transmittal of requests for poison control to the appropriate regional poison control center under s. 255.35, suicide prevention and civil defense services and may be capable of transmitting requests to ambulance services provided by private corporations. If any agency of the state which provides law enforcement, fire fighting, emergency medical or ambulance services is located within the boundaries of a basic or sophisticated system established under this section, such system shall be capable of transmitting requests for the services of such agency to the agency.
(c) The digits “911” shall be the primary emergency telephone number within every basic or sophisticated system established under this section. A public agency or public safety agency located within the boundaries of a basic or sophisticated system established under this section shall maintain a separate 7-digit phone number for nonemergency telephone calls. Every such agency may maintain separate secondary 7-digit back-up numbers.
(d) Public agencies, including agencies with different territorial boundaries, may combine to establish a basic or sophisticated system established under this section.
(e) If a public agency or group of public agencies combined to establish an emergency phone system under par. (d) has a population of 250,000 or more, such agency or group of agencies shall establish a sophisticated system.
(f) Every basic or sophisticated system established under this section shall utilize the direct dispatch method, the relay method or the transfer method.
(g) Every telecommunications utility providing coin-operated telephones for public use within the boundaries of a basic or sophisticated system established under this section shall convert, by December 31, 1987, all such telephones to telephones which enable a user to reach “911” without inserting a coin. Any coin-operated telephone installed by a telecommunications utility after December 31, 1987, in an agency which has established an emergency phone system under this section shall enable a user to reach “911” without inserting a coin.
(h) A commercial mobile radio service provider shall permit a user of the provider to access a basic or sophisticated system if the provider operates within the boundaries of a system.
(i) If a user reaches a basic or sophisticated system through a commercial mobile radio service provider and the service requested is to be provided outside of the jurisdiction served by the system, the public agency operating the system shall transfer the request for services to the appropriate jurisdiction.
(2m) Dispatcher assisted bystander cardiopulmonary resuscitation.
(a) In this subsection, “department” means the department of health services.
(b) Beginning on May 1, 2021, every public safety answering point shall, in appropriate circumstances, provide telephonic assistance on administering cardiopulmonary resuscitation by doing any of the following:
1. Providing each dispatcher with training in cardiopulmonary resuscitation that includes all of the following:
a. Certification in cardiopulmonary resuscitation.
b. Use of an evidence-based protocol or script for providing cardiopulmonary resuscitation instruction recommended by an academic institution or a nationally recognized organization specializing in medical dispatch.
c. Appropriate continuing education, as determined by the department.
2. Transferring callers to a dedicated telephone line, a telephone center, or another public safety answering point to provide the caller with assistance on administering cardiopulmonary resuscitation. If a public safety answering point transfers callers under this subdivision, the transferring public service answering point shall do all of the following:
a. Use an evidence-based protocol for the identification of a person in need of cardiopulmonary resuscitation.
b. Provide appropriate training and continuing education, as determined by the department, on the protocol for identification of a person in need of cardiopulmonary resuscitation.
c. Ensure that any dedicated telephone line, a telephone center, or public safety answering point to which calls are transferred under this subdivision uses dispatchers that meet the training requirements under subd. 1. to provide assistance on administering cardiopulmonary resuscitation.
(c) Beginning on May 1, 2021, every public safety answering point shall conduct ongoing quality assurance of its dispatcher assisted bystander cardiopulmonary resuscitation program.
(d)
1. From the appropriation under s. 20.435 (1) (cj), the department shall distribute moneys for dispatcher training on telephonic assistance on administering cardiopulmonary resuscitation, as required under par. (b).
1m. The department may distribute moneys under this subsection through grants, by establishing an application process for persons to submit proposals and establishing a contract with the department to provide training as described under par. (b), or through a combination of these methods.
2. A public safety answering point is eligible to receive a grant under this paragraph if it employs one or more dispatchers that have not completed training as described under par. (b).
2m. A recipient of moneys received under this paragraph shall use the moneys to provide dispatchers with training in accordance with the standards under par. (b).
3. Subject to subd. 2., the department shall establish criteria for approving and distributing moneys under subd. 1.
(3) Funding for countywide systems.
256.35(3)(a) (a) Definitions. In this subsection:
1. “Commission” means the public service commission.
2. “Costs” means the costs incurred by a service supplier after August 1, 1987, in installing and maintaining the trunking and central office equipment used only to operate a basic or sophisticated system and the database used only to operate a sophisticated system.
3. “Service supplier” means a telecommunications utility which provides exchange telephone service within a county.
4. “Service user” means any person who is provided telephone service by a service supplier which includes access to a basic or sophisticated system.
(b) Charge authorized. A county by ordinance may levy a charge on all service users in the county to finance the costs related to the establishment of a basic or sophisticated system in that county under sub. (2) if:
1. The county has adopted by ordinance a plan for that system.
2. Every service user in that county has access to a system.
3. The county has entered into a contract with each service supplier in the county for the establishment of that system to the extent that each service supplier is capable of providing that system on a reasonable economic basis on the effective date of the contract and that contract includes all of the following:
a. The amount of nonrecurring charges service users in the county will pay for all nonrecurring services related to providing the trunking and central office equipment used only to operate a basic or sophisticated system established in that county and the database used only to operate that sophisticated system.
b. The amount of recurring charges service users in the county will pay for all recurring services related to the maintenance and operation of a basic or sophisticated system established in that county.
c. Every provision of any applicable schedule which the service supplier has filed with the commission under s. 196.19 or 196.20, which is in effect on the date the county signs the contract and which is related to the provision of service for a basic or sophisticated system.
4. The charge is calculated, under a schedule filed under s. 196.19 or 196.20, by dividing the costs related to establishing a basic or sophisticated system in that county by the total number of exchange access lines, or their equivalents, which are in the county and which are capable of accessing that system.
5. The charge is billed to service users in the county in a service supplier’s regular billing to those service users.
6. Every public safety answering point in the system is in constant operation.
7. Every public safety agency in the county maintains a telephone number in addition to “911”.
a. Twenty-five cents each month for each exchange access line or its equivalent in the county if the county has a population of 750,000 or more.
b. One dollar each month for each exchange access line or its equivalent if the county has a population of less than 750,000 and the county is recovering charges under subd. 3. a.
c. Forty cents each month for each exchange access line or its equivalent if the county has a population of less than 750,000 and the county is not recovering charges under subd. 3. a.
(c) If 2 or more counties combine under sub. (2) (b) to establish a basic or sophisticated system, they may levy a charge under par. (b) if every one of those counties adopts the same ordinance, as required under par. (b).
(d) Charges under par. (b) 3. a. may be recovered in rates assessed over a period not to exceed 36 months.
(e) If a county has more than one service supplier, the service suppliers in that county jointly shall determine the method by which each service supplier will be compensated for its costs in that county.
(f)
1. Except as provided under subd. 2., a service supplier which has signed a contract with a county under par. (b) 3. may apply to the commission for authority to impose a surcharge on its service users who reside outside of that county and who have access to the basic or sophisticated system established by that county.
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.
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.
(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.
(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.
(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.
(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.
(3s) Next Generation 911.
(a) Definitions. In this subsection:
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.
3. “Next Generation 911” means a statewide emergency number system regardless of technology platform that does all of the following:
a. Provides standardized interfaces from requests for emergency assistance.
b. Processes all types of requests for emergency assistance, including calls and nonvoice and multimedia messages.
c. Acquires and integrates data useful to the delivery or routing and handling of requests for emergency assistance.
d. Delivers requests for emergency assistance and data to appropriate public safety answering points and emergency responders.
e. Supports data and communications needs for coordinated incident response and management.
f. Provides a secure environment for emergency communications.
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.
5. “Service supplier” has the meaning given in sub. (3) (a) 3.
6. “Service user” has the meaning given in sub. (3) (a) 4.
(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.
(bm) Competitive grant program for public safety answering points.
1. The department shall award grants to public safety answering points for the purposes identified under subd. 2. using the criteria in subd. 3.
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.
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.
4. The department may not award a grant under subd. 1. to more than one public safety answering point per county.
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).
(br) Competitive grant program for geographic information systems.
1. The department shall award grants to county land information offices for the purposes identified under subd. 2. using the criteria in subd. 3.
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.
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.
4. The department may not award more than one grant under subd. 1. per county per fiscal year.
(bx) Grant program for incumbent local exchange carriers.
1. In this paragraph, ” incumbent local exchange carrier” has the meaning given in 47 U.S. Code § 251 (h).
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.
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.
4. The department may not award more than one grant under subd. 2. per incumbent local exchange carrier per fiscal year.
(c) Existing contracts and charges.
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.
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.
(d) 911 subcommittee duties. The 911 subcommittee shall do all of the following:
1. Advise the department on the contracts required under par. (b).
2. Advise the department on the statewide efforts, leveraging of existing infrastructure, and industry standards that are necessary to transition to Next Generation 911.
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.
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.
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.
5. Conduct a statewide 911 telecommunications system assessment.
6. Develop recommendations for service standards for public safety answering points.
7. Promote, facilitate, and coordinate interoperability across all public safety answering points with respect to telecommunications services and data systems, including geographic information systems.
8. Promote, facilitate, and coordinate consolidation of public safety answering point functions where consolidation would provide improved service, increased efficiency, or cost savings.
9. Undertake all of its duties in a manner that is competitively and technologically neutral.
(4) Departmental duties. The department shall do all of the following:
(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.
(b) Participate in activities to implement and operate interconnecting statewide emergency number systems with public safety answering points, other states, and the federal government.
(c) Ensure the statewide emergency number system is compliant with any applicable legal requirements.
(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:
1. Delivery and routing of requests for emergency assistance.
2. Procedures for the interconnection of the statewide emergency number system with originating service providers as required under 47 U.S. Code § 251 and 47 U.S. Code § 252 and for statewide emergency number system implementation and maintenance.
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.
4. Public safety answering point basic training guidelines.
5. Interoperability across all public safety answering points with respect to telecommunications services and data systems, including geographic information systems.
6. Consolidation of public safety answering point functions when consolidation would provide improved service, increased efficiency, or cost savings.
(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.
(f) Complete the duties under this subsection in a manner that is competitively and technologically neutral.
(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.
(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.
(7) Liability exemptions.
(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.:
1. A telecommunications utility.
2. A wireless provider, as defined in s. 256.35 (3m) (a) 6., 2015 stats.
3. A local government, as defined in s. 256.35 (3m) (a) 4., 2015 stats.
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.
(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:
1. The dispatcher who provides telephonic assistance on administering cardiopulmonary resuscitation has been trained in accordance with the standards under sub. (2m) (b).
2. The dispatcher provides telephonic assistance on administering cardiopulmonary resuscitation by doing any of the following:
a. Using an evidence-based protocol or script as described under sub. (2m) (b) 1.
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.
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.
(9) Joint powers agreement.
(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.
(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).
(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.
(10) Penalties.
(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.
(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.
(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.