2020 -- H 7347

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LC003928

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - REIMBURSEMENT 911

RESTRICTED RECEIPT ACCOUNT

     

     Introduced By: Representatives Nardone, Quattrocchi, Place, Newberry, and Lombardi

     Date Introduced: January 29, 2020

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled "911

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Emergency Telephone Number Act" is hereby amended to read as follows:

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     39-21.1-14. E-911 surcharge and first response surcharge.

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     (a)(1) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied upon each

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residence and business telephone line or trunk or path and data, telephony, internet, voice over

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internet protocol (VoIP) wireline, line, trunk or path in the state including PBX trunks and

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centrex equivalent trunks and each line or trunk serving, and upon each user interface number or

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extension number or similarly identifiable line, trunk, or path to or from a digital network (such

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as, but not exclusive of, integrated services digital network (ISDN), Flexpath, or comparable

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digital private branch exchange, or connecting to or from a customer-based or dedicated

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telephone switch site (such as, but not exclusive of, a private branch exchange (PBX)), or

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connecting to or from a customer-based or dedicated central office (such as, but not exclusive of,

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a centrex system but exclusive of trunks and lines provided to wireless communication

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companies) that can access to, connect with, or interface with the Rhode Island E-911 uniform

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emergency telephone system (RI E-911). In each instance where a surcharge is levied pursuant to

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this subsection (a)(1) there shall also be a monthly first response surcharge of fifty cents ($.50).

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The surcharges shall be billed by each telecommunication services provider at the inception of

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services and shall be payable to the telecommunication services provider by the subscriber of the

 

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services.

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     (2) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied, on each wireless

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instrument, device, or means including prepaid, cellular, telephony, internet, voice over internet

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protocol (VoIP), satellite, computer, radio, communication, data or data only wireless lines or any

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other wireless instrument, device, or means that has access to, connects with, or activates or

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interfaces or any combination thereof with the E-911 uniform emergency telephone system. In

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each instance where a surcharge is levied pursuant to this subsection (a)(2) above there shall also

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be a monthly first response surcharge of seventy-five cents ($.75). The surcharges shall be billed

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by each telecommunication services provider and shall be payable to the telecommunication

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services provider by the subscriber. Prepaid wireless telecommunications services shall not be

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included in this act, but shall be governed by chapter 21.2 of this title. The E-911 uniform

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emergency telephone system shall establish, by rule or regulation, an appropriate funding

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mechanism to recover from the general body of ratepayers this surcharge.

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     (b) The amount of the surcharges shall not be subject to the tax imposed under chapter 18

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of title 44 nor be included within the telephone common carrier's gross earnings for the purpose

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of computing the tax under chapter 13 of title 44.

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     (c) Each telephone common carrier and each telecommunication services provider shall

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establish a special account to which it shall deposit on a monthly basis the amounts collected as

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surcharges under this section.

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     (d) The money collected by each telecommunication services provider shall be

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transferred within sixty (60) days after its inception of wireline, wireless, prepaid, cellular,

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telephony, voice over internet protocol (VoIP), satellite, computer, internet, or communications

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services in this state and every month thereafter, to the division of taxation, together with the

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accrued interest. The E-911 surcharge shall be deposited in a restricted receipt account and used

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solely for the operation of the E-911 uniform emergency telephone system. The first response

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surcharge shall be deposited in the general fund; provided, however, that, ten percent (10%) of

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money collected from the first response surcharge shall be deposited in the information

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technology investment fund established pursuant to § 42-11-2.5, and twenty-five cents ($0.25)

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collected pursuant to subsection (a)(1) of this section and twenty-five cents ($0.25) collected

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pursuant to subsection (a)(2) of this section shall be deposited in a restricted receipt account and

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used for the operation of the E-911 uniform emergency telephone system or for reimbursement to

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local law enforcement agencies. Any money not transferred in accordance with this paragraph

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shall be assessed interest at the rate set forth in § 44-1-7 from the date the money should have

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been transferred.

 

LC003928 - Page 2 of 4

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     (e) Every billed subscriber-user shall be liable for any surcharge imposed under this

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section until it has been paid to the telephone common carrier or telecommunication services

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provider. Any surcharge shall be added to and shall be stated separately in the billing by the

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telephone common carrier or telecommunication services provider and shall be collected by the

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telephone common carrier or telecommunication services provider.

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     (f) Each telephone common carrier and telecommunication services provider shall

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annually provide the E-911 uniform emergency telephone system division or any other agency

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that may replace it, with a list of amounts uncollected together with the names and addresses of

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its subscriber-users who can be determined by the telephone common carrier or

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telecommunication services provider to have not paid the E-911 surcharge.

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     (g) Included within, but not limited to, the purposes for which the money collected from

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the E-911 surcharge may be used are rent, lease, purchase, improvement, construction,

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maintenance, repair, and utilities for the equipment and site or sites occupied by the E-911

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uniform emergency telephone system; salaries, benefits, and other associated personnel costs;

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acquisition, upgrade, or modification of PSAP equipment to be capable of receiving E-911

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information, including necessary computer hardware, software, and database provisioning,

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addressing, and non-recurring costs of establishing emergency services; network development,

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operation, and maintenance; database development, operation, and maintenance; on-premise

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equipment maintenance and operation; training emergency service personnel regarding use of E-

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911; educating consumers regarding the operations, limitations, role, and responsible use of E-

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911; reimbursement to telephone common carriers or telecommunication services providers of

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rates or recurring costs associated with any services, operation, administration, or maintenance of

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E-911 services as approved by the division; reimbursement to telecommunication services

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providers or telephone common carriers of other costs associated with providing E-911 services,

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including the cost of the design, development, and implementation of equipment or software

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necessary to provide E-911 service information to PSAP's, as approved by the division.

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     (h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.]

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     (i) Nothing in this section shall be construed to constitute rate regulation of wireless

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communication services carriers, nor shall this section be construed to prohibit wireless

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communication services carriers from charging subscribers for any wireless service or feature.

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     (j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1].

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     SECTION 2. This act shall take effect upon passage.

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LC003928

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - REIMBURSEMENT 911

RESTRICTED RECEIPT ACCOUNT

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     This act would provide that a portion of the first responders surcharge be deposited in a

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restricted receipt account for purposes of funding the E-911 emergency telephone system.

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     This act would take effect upon passage.

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