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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 678 2016 Regular Session Carmody
Keyword and oneliner of the instrument as it left the House
TELECOMMUNICATIONS: Provides for the assessment of a surcharge fee on prepaid 911
services
Report adopts Senate amendments to:
1. Make technical changes.
2. Reduce from four percent to two percent the amount that a seller may deduct and retain from
a retail transaction whereby a consumer purchases a prepaid service that provides access to
911.
3. Make proposed law effective on October 1, 2016.
Report rejects Senate amendments which would have:
1. Created a statewide 911 advisory board and detailed its purpose, duties, membership, and
procedure for holding meetings.
2. Made the financial records of each 911 district subject to audit pursuant to certain provisions
of present law and required each district to submit an annual report to the legislative auditor.
Report amends the bill to:
1. Make the financial records of each 911 district subject to audit pursuant to certain provisions
of present law and requires each district to submit an annual report to the legislative auditor.
2. Require the 911 districts to annually submit a consolidated report, including but not limited
to information regarding all fees, revenues, and expenditures for each 911 district and
statewide, to both the House Committee on Commerce and the Senate Committee on
Commerce, Consumer Protection and International Affairs of the Louisiana legislature. Digest of the bill as proposed by the Conference Committee
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.
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))