GREEN SHEET REDIGEST HB 678 2016 Regular Session Carmody (KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee amendments) TELECOMMUNICATIONS: P rovides relative to 911 emergency services. DIGEST 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 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. 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. Page 1 of 3 Prepared by James Benton. 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 4% of the amount of the per retail transaction. Proposed law imposes a prepaid 911 charge. 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 and thereafter to retain 2% of the prepaid charges. 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. Proposed law provides that the financial records of each district shall be audited. In addition, each district shall submit an annual report to the legislative auditor which includes information on the revenues derived from the service charge authorized by this Section and a detailed accounting of such revenues. Such report shall include a report on the status of implementation of wireless E911 service. Effective October 1, 2016. (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. Page 2 of 3 Prepared by James Benton. Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Commerce, Consumer Protection, and International Affairs to the engrossed bill 1. Added provisions establishing Statewide 9-1-1 Advisory Board. Committee Amendments Proposed by Senate Committee on Revenue and Fiscal Affairs to the engrossed bill 1. Removes provisions establishing Statewide 9-1-1 Advisory Board. 2. Reduces the 911 service charge to 2% of the amount of the per retail transaction. 3. Provides for the auditing of financial records of each district. 4. Changes effective date. Page 3 of 3 Prepared by James Benton.