DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 678 Engrossed 2016 Regular Session Carmody
Abstract: Provides for definitions and increases the amount of the charge being imposed on prepaid
911 services.
Present law details the intent of present law.
Present law includes definitions and multiple references that include the terms "wireless",
"telecommunications", "wireless telecommunications service", and "service charges" relative to
describing certain charges and services. Proposed law removes these references and modifies the
definitions included in present law.
Proposed law removes the definitions of "wireless communications service" and "product".
Proposed law enumerates definitions to include the terms "prepaid 911 charge" and "prepaid
service". Proposed law effectually broadens the scope of present law to make certain services that
provide access to 911 subject to the prepaid 911 charge.
Present law provides procedures for the collection and remittance of prepaid wireless
telecommunications 911 service charges. Present law imposes a prepaid wireless
telecommunications 911 service charge in the amount of 2% of the amount of the per retail
transaction. Proposed law imposes a prepaid 911 charge. Further, proposed law increases the
amount of the charge from 2% to 4% of the amount of the per retail transaction. Otherwise,
proposed law makes only technical changes to the procedures established by present law relative to
the collection and remittance of the prepaid 911 charges for the purpose of incorporating the terms
defined in proposed law.
Present law provides for the administration of prepaid wireless 911 service charges. Proposed law
amends a reference to a provision of present law regarding the rights of a seller of prepaid 911
services and proposed law allows any seller to deduct and retain half of the 2016 fourth quarter's
fees. Otherwise, proposed law makes only technical changes to the procedures established by
present law relative to the administration of prepaid 911 charges for the purpose of incorporating the
terms defined in proposed law.
Present law provides for limited liability relative to providers and sellers of prepaid wireless
telecommunications service. Proposed law makes only technical changes to the provisions of
present law relative to liability for the purpose of incorporating the terms defined in proposed law. Present law provides that the prepaid wireless E911 charge shall be the exclusive funding obligation
imposed with respect to prepaid wireless telecommunications service in this state. Proposed law
makes only technical changes to the provisions of present law relative to the exclusivity of the charge
for the purpose of incorporating the terms defined in proposed law.
Proposed law requires all revenues collected from the assessment of 911 surcharge fees to be used
for the sole purpose of providing 911 emergency response communications services and operations.
Prohibits diversion of the revenues for use by any other entity or for any other purpose other than
those outlined in the present law and proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:9109.1(A) through (D), (F), and (G); Adds R.S. 33:9109.2; Repeals R.S.
33:9109.1(B)(9))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the original bill:
1. Remove all references to wireless telecommunications products.
2. Remove the definitions of "wireless communications service" and "product".
3. Add proposed law to require all revenues collected from the assessment of 911 surcharge
fees to be used for the sole purpose of providing 911 emergency response
communications services and operations. Prohibits diversion of the revenues for use by
any other entity or for any other purpose other than those outlined in the present law.