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 | |
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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: | |
1 | SECTION 1. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled "911 |
2 | Emergency Telephone Number Act" is hereby amended to read as follows: |
3 | 39-21.1-14. E-911 surcharge and first response surcharge. |
4 | (a)(1) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied upon each |
5 | residence and business telephone line or trunk or path and data, telephony, internet, voice over |
6 | internet protocol (VoIP) wireline, line, trunk or path in the state including PBX trunks and |
7 | centrex equivalent trunks and each line or trunk serving, and upon each user interface number or |
8 | extension number or similarly identifiable line, trunk, or path to or from a digital network (such |
9 | as, but not exclusive of, integrated services digital network (ISDN), Flexpath, or comparable |
10 | digital private branch exchange, or connecting to or from a customer-based or dedicated |
11 | telephone switch site (such as, but not exclusive of, a private branch exchange (PBX)), or |
12 | connecting to or from a customer-based or dedicated central office (such as, but not exclusive of, |
13 | a centrex system but exclusive of trunks and lines provided to wireless communication |
14 | companies) that can access to, connect with, or interface with the Rhode Island E-911 uniform |
15 | emergency telephone system (RI E-911). In each instance where a surcharge is levied pursuant to |
16 | this subsection (a)(1) there shall also be a monthly first response surcharge of fifty cents ($.50). |
17 | The surcharges shall be billed by each telecommunication services provider at the inception of |
18 | services and shall be payable to the telecommunication services provider by the subscriber of the |
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1 | services. |
2 | (2) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied, on each wireless |
3 | instrument, device, or means including prepaid, cellular, telephony, internet, voice over internet |
4 | protocol (VoIP), satellite, computer, radio, communication, data or data only wireless lines or any |
5 | other wireless instrument, device, or means that has access to, connects with, or activates or |
6 | interfaces or any combination thereof with the E-911 uniform emergency telephone system. In |
7 | each instance where a surcharge is levied pursuant to this subsection (a)(2) above there shall also |
8 | be a monthly first response surcharge of seventy-five cents ($.75). The surcharges shall be billed |
9 | by each telecommunication services provider and shall be payable to the telecommunication |
10 | services provider by the subscriber. Prepaid wireless telecommunications services shall not be |
11 | included in this act, but shall be governed by chapter 21.2 of this title. The E-911 uniform |
12 | emergency telephone system shall establish, by rule or regulation, an appropriate funding |
13 | mechanism to recover from the general body of ratepayers this surcharge. |
14 | (b) The amount of the surcharges shall not be subject to the tax imposed under chapter 18 |
15 | of title 44 nor be included within the telephone common carrier's gross earnings for the purpose |
16 | of computing the tax under chapter 13 of title 44. |
17 | (c) Each telephone common carrier and each telecommunication services provider shall |
18 | establish a special account to which it shall deposit on a monthly basis the amounts collected as |
19 | surcharges under this section. |
20 | (d) The money collected by each telecommunication services provider shall be |
21 | transferred within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, |
22 | telephony, voice over internet protocol (VoIP), satellite, computer, internet, or communications |
23 | services in this state and every month thereafter, to the division of taxation, together with the |
24 | accrued interest. The E-911 surcharge shall be deposited in a restricted receipt account and used |
25 | solely for the operation of the E-911 uniform emergency telephone system. The first response |
26 | surcharge shall be deposited in the general fund; provided, however, that, ten percent (10%) of |
27 | money collected from the first response surcharge shall be deposited in the information |
28 | technology investment fund established pursuant to § 42-11-2.5, and twenty-five cents ($0.25) |
29 | collected pursuant to subsection (a)(1) of this section and twenty-five cents ($0.25) collected |
30 | pursuant to subsection (a)(2) of this section shall be deposited in a restricted receipt account and |
31 | used for the operation of the E-911 uniform emergency telephone system or for reimbursement to |
32 | local law enforcement agencies. Any money not transferred in accordance with this paragraph |
33 | shall be assessed interest at the rate set forth in § 44-1-7 from the date the money should have |
34 | been transferred. |
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1 | (e) Every billed subscriber-user shall be liable for any surcharge imposed under this |
2 | section until it has been paid to the telephone common carrier or telecommunication services |
3 | provider. Any surcharge shall be added to and shall be stated separately in the billing by the |
4 | telephone common carrier or telecommunication services provider and shall be collected by the |
5 | telephone common carrier or telecommunication services provider. |
6 | (f) Each telephone common carrier and telecommunication services provider shall |
7 | annually provide the E-911 uniform emergency telephone system division or any other agency |
8 | that may replace it, with a list of amounts uncollected together with the names and addresses of |
9 | its subscriber-users who can be determined by the telephone common carrier or |
10 | telecommunication services provider to have not paid the E-911 surcharge. |
11 | (g) Included within, but not limited to, the purposes for which the money collected from |
12 | the E-911 surcharge may be used are rent, lease, purchase, improvement, construction, |
13 | maintenance, repair, and utilities for the equipment and site or sites occupied by the E-911 |
14 | uniform emergency telephone system; salaries, benefits, and other associated personnel costs; |
15 | acquisition, upgrade, or modification of PSAP equipment to be capable of receiving E-911 |
16 | information, including necessary computer hardware, software, and database provisioning, |
17 | addressing, and non-recurring costs of establishing emergency services; network development, |
18 | operation, and maintenance; database development, operation, and maintenance; on-premise |
19 | equipment maintenance and operation; training emergency service personnel regarding use of E- |
20 | 911; educating consumers regarding the operations, limitations, role, and responsible use of E- |
21 | 911; reimbursement to telephone common carriers or telecommunication services providers of |
22 | rates or recurring costs associated with any services, operation, administration, or maintenance of |
23 | E-911 services as approved by the division; reimbursement to telecommunication services |
24 | providers or telephone common carriers of other costs associated with providing E-911 services, |
25 | including the cost of the design, development, and implementation of equipment or software |
26 | necessary to provide E-911 service information to PSAP's, as approved by the division. |
27 | (h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.] |
28 | (i) Nothing in this section shall be construed to constitute rate regulation of wireless |
29 | communication services carriers, nor shall this section be construed to prohibit wireless |
30 | communication services carriers from charging subscribers for any wireless service or feature. |
31 | (j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1]. |
32 | 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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1 | This act would provide that a portion of the first responders surcharge be deposited in a |
2 | restricted receipt account for purposes of funding the E-911 emergency telephone system. |
3 | This act would take effect upon passage. |
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LC003928 | |
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