2020 -- H 7534 | |
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LC004256 | |
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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 -- 911 EMERGENCY TELEPHONE | |
NUMBER ACT -- PREPAID WIRELESS E-911 CHARGE ACT | |
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Introduced By: Representatives Nardone, Filippi, Quattrocchi, Newberry, and Roberts | |
Date Introduced: February 12, 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 E-911 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 surcharge shall be billed by each telecommunication services provider at the |
18 | inception of services and shall be payable to the telecommunication services provider by the |
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1 | subscriber of the 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 surcharge shall |
9 | be billed by each telecommunication services provider and shall be payable to the |
10 | telecommunication services provider by the subscriber. Prepaid wireless telecommunications |
11 | services shall not be included in this act, but shall be governed by chapter 21.2 of this title. The E- |
12 | 911 uniform emergency telephone system shall establish, by rule or regulation, an appropriate |
13 | funding mechanism to recover from the general body of ratepayers this surcharge. If the public |
14 | utilities commission shall determine that the funds collected pursuant to this chapter and chapter |
15 | 21.2 of title 39 exceed what is needed to operate the E-911 uniform emergency telephone system, |
16 | it may authorize a reduction in the surcharge authorized by this section. |
17 | (b) The amount of the surcharges surcharge shall not be subject to the tax imposed under |
18 | chapter 18 of title 44 nor be included within the telephone common carrier's gross earnings for |
19 | the purpose of computing the tax under chapter 13 of title 44. |
20 | (c) Each telephone common carrier and each telecommunication services provider shall |
21 | establish a special account to which it shall deposit on a monthly basis the amounts collected as |
22 | surcharges a surcharge under this section. |
23 | (d) The money collected by each telecommunication services provider shall be |
24 | transferred within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, |
25 | telephony, voice over internet protocol (VoIP), satellite, computer, internet, or communications |
26 | services in this state and every month thereafter, to the division of taxation, together with the |
27 | accrued interest. The E-911 surcharge shall be deposited in a restricted receipt account and used |
28 | solely for the operation of the E-911 uniform emergency telephone system. The first response |
29 | surcharge shall be deposited in the general fund; provided, however, that, ten percent (10%) of |
30 | money collected from the first response surcharge shall be deposited in the information |
31 | technology investment fund established pursuant to § 42-11-2.5. Any money not transferred in |
32 | accordance with this paragraph shall be assessed interest at the rate set forth in § 44-1-7 from the |
33 | date the money should have been transferred. |
34 | (e) Every billed subscriber-user shall be liable for any surcharge imposed under this |
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1 | section until it has been paid to the telephone common carrier or telecommunication services |
2 | provider. Any surcharge shall be added to and shall be stated separately in the billing by the |
3 | telephone common carrier or telecommunication services provider and shall be collected by the |
4 | telephone common carrier or telecommunication services provider. |
5 | (f) Each telephone common carrier and telecommunication services provider shall |
6 | annually provide the E-911 uniform emergency telephone system division or any other agency |
7 | that may replace it, with a list of amounts uncollected together with the names and addresses of |
8 | its subscriber-users who can be determined by the telephone common carrier or |
9 | telecommunication services provider to have not paid the E-911 surcharge. |
10 | (g) Included within, but not limited to, the purposes for which the money collected from |
11 | the E-911 surcharge may be used are rent, lease, purchase, improvement, construction, |
12 | maintenance, repair, and utilities for the equipment and site or sites occupied by the E-911 |
13 | uniform emergency telephone system; salaries, benefits, and other associated personnel costs; |
14 | acquisition, upgrade, or modification of PSAP equipment to be capable of receiving E-911 |
15 | information, including necessary computer hardware, software, and database provisioning, |
16 | addressing, and non-recurring costs of establishing emergency services; network development, |
17 | operation, and maintenance; database development, operation, and maintenance; on-premise |
18 | equipment maintenance and operation; training emergency service personnel regarding use of E- |
19 | 911; educating consumers regarding the operations, limitations, role, and responsible use of E- |
20 | 911; reimbursement to telephone common carriers or telecommunication services providers of |
21 | rates or recurring costs associated with any services, operation, administration, or maintenance of |
22 | E-911 services as approved by the division; reimbursement to telecommunication services |
23 | providers or telephone common carriers of other costs associated with providing E-911 services, |
24 | including the cost of the design, development, and implementation of equipment or software |
25 | necessary to provide E-911 service information to PSAP's, as approved by the division. |
26 | (h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.] |
27 | (i) Nothing in this section shall be construed to constitute rate regulation of wireless |
28 | communication services carriers, nor shall this section be construed to prohibit wireless |
29 | communication services carriers from charging subscribers for any wireless service or feature. |
30 | (j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1]. |
31 | SECTION 2. Section 39-21.2-4 of the General Laws in Chapter 39-21.2 entitled "Prepaid |
32 | Wireless Charge Act" is hereby amended to read as follows: |
33 | 39-21.2-4. E-911 surcharge. |
34 | (a) Amount of charge. The prepaid wireless E-911 charge is hereby levied at the rate of |
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1 | two and one-half percent (2.5%) per retail transaction or, on and after the effective date of an |
2 | adjusted amount per retail transaction that is established under subsection (f) of this section, such |
3 | adjusted amount. If the public utilities commission shall determine that the funds collected |
4 | pursuant to this chapter and chapter 21.2 of title 39 exceed what is needed to operate the E-911 |
5 | uniform emergency telephone system, it may authorize a reduction in the surcharge authorized by |
6 | this section. |
7 | (b) Collection of charge. The prepaid wireless charge shall be collected by the seller from |
8 | the consumer with respect to each retail transaction occurring in this state. The amount of the |
9 | prepaid wireless charge shall be either separately stated on an invoice, receipt, or other similar |
10 | document that is provided to the consumer by the seller, or otherwise disclosed to the consumer. |
11 | (c) Application of charge. For purposes of subsection (b) of this section, a retail |
12 | transaction that is effected in person by a consumer at a business location of the seller shall be |
13 | treated as occurring in this state if that business location is in this state, and any other retail |
14 | transaction shall be treated as occurring in this state if the retail transaction is treated as occurring |
15 | in this state for purposes of chapter 18 of title 44. |
16 | (d) Liability for charge. The prepaid wireless charge is the liability of the consumer and |
17 | not of the seller or of any provider, except that the seller shall be liable to remit all prepaid |
18 | wireless charges that the seller collects from consumers as provided in § 39-21.2-5, including all |
19 | such charges that the seller is deemed to collect where the amount of the charge has not been |
20 | separately stated on an invoice, receipt, or other similar document provided to the consumer by |
21 | the seller. |
22 | (e) Exclusion of charge from base of other taxes and fees. The amount of the prepaid |
23 | wireless charge that is collected by a seller from a consumer, if such amount is separately stated |
24 | on an invoice, receipt, or other similar document provided to the consumer by the seller, shall not |
25 | be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by |
26 | this state, any political subdivision of this state, or any intergovernmental agency, including, but |
27 | not limited to, the tax imposed under chapter 18 of title 44 nor be included within the telephone |
28 | common carrier's gross earnings for the purpose of computing the tax under chapter 13 of title 44. |
29 | (f) [Deleted by P.L. 2019, ch. 88, art. 2, § 9]. |
30 | (g) Bundled transactions. When prepaid wireless telecommunications service is sold with |
31 | one or more other products or services for a single, non-itemized price, then the percentage |
32 | specified in subsection (a) of this section shall apply to the entire non-itemized prices unless the |
33 | seller elects to apply such percentage (1) If the amount of prepaid wireless telecommunications |
34 | service is disclosed to the consumer as a dollar amount, such dollar amount, or (2) If the retailer |
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1 | can identify the portion of the price that is attributable to the prepaid wireless telecommunications |
2 | service, by reasonable and verifiable standards from its books and records that are kept in the |
3 | regular course of business for other purposes, including, but not limited to, non-tax purposes, |
4 | such portion. |
5 | However, if a minimal amount of prepaid wireless telecommunications service is sold |
6 | with a prepaid wireless device for a single, non-itemized price, then the seller may elect not to |
7 | apply the percentage specified in subsection (a) of this section to such transaction. For purposes |
8 | of this paragraph, an amount of service denominated as ten (10) minutes or less, or five dollars |
9 | ($5.00) or less, is minimal. |
10 | SECTION 3. This act shall take effect upon passage. |
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LC004256 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PUBLIC UTILITIES AND CARRIERS -- 911 EMERGENCY TELEPHONE | |
NUMBER ACT -- PREPAID WIRELESS E-911 CHARGE ACT | |
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1 | This act would eliminate first responder surcharges from the 911 Emergency Telephone |
2 | Number Act. |
3 | This act would take effect upon passage. |
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LC004256 | |
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