Louisiana 2016 2016 Regular Session

Louisiana House Bill HB678 Comm Sub / Analysis

                    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.