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 805 Reengrossed 2016 Regular Session Broadwater
Abstract: Relative to the levy of an emergency telephone service charge on certain communications
systems; increases the maximum amount authorized to be levied within the district and
provides relative to the use of service charge proceeds and the district's financial reports.
Proposed law amends certain definitions in present law (R.S. 33:9106(A)(3)-(5)).
Present law authorizes the governing authority of any parish to create communications districts
composed of territory lying within the parish. Provides for the establishment of the number 911 as
the primary emergency telephone number for use in communications districts and for the
identification of all streets, roads, highways, and dwelling places in the districts. Provides that the
districts are political subdivisions of the state and are generally governed by a seven-member board
of commissioners.
Proposed law retains present law.
Present law provides that the Federal Communications Commission (FCC) has issued rulings
requiring that suppliers of cellular and other forms of wireless telecommunications services capable
of accessing the 911 emergency telephone number provide certain enhancements to their services
when requested by a communications district. Provides that these enhancements will automatically
provide the number and location of the wireless caller to the communications district when a caller
accesses 911.
Proposed law removes present law and instead provides that the FCC has outlined a plan that will
require the public safety community to field a new generation of 911 emergency call services which
will allow the use of additional and widely used digital media to contact Public Safety Answering
Points (PSAPs). Provides that Next Generation 911 (NG911) will permit the public use of text
messages, data, videos, as well as voice to transmit emergency information to the servicing PSAP
and will allow this data to be further shared with first responders for their use enroute to and at
emergency scenes. Provides that specific technological enhancements must be made within each
PSAP in order to receive and utilize this information from wireless devices.
Present law defines the term "CMRS" to mean commercial mobile radio service under provisions
of federal law (Section 3(27) and 332(d) of the Telecommunications Act of 1996, 47 U.S.C. Section
151 et. seq., and the Omnibus Budget Reconciliation Act of 1993, Pub L. 103-66). Provides that the
term includes "wireless" and includes service provided by any wireless real time two-way voice
communication device, including a radio-telephone communications line used in cellular telephone service, a personal communication service, specialized mobile radio service, or a network radio
access line.
Proposed law removes present law and provides that such term shall be as defined by provisions of
federal law (47 C.F.R. 20.3). Provides that the term includes any wireless service capable of
accessing 911 through the use of voice, text, video, image, data, or any other means.
Present law defines the term "exchange access facilities" to mean all lines, provided by the service
supplier for the provision of local exchange service, as defined in existing general subscriber services
tariffs.
Proposed law retains present law and additionally provides that the term shall include all lines as
defined in federal law (47 C.F.R. 9.3) interconnected Voice over Internet Protocol (VoIP).
Present law defines the term "FCC" to mean the order of the Federal Communications Commission,
FCC Docket No. 94-102, adopted on June 12, 1996, and released on July 26, 1996. Defines the term
"wireless E911 service" to mean E911 service that provides automatic number identification of
wireless subscribers as required by the FCC order.
Proposed law removes present law.
Present law authorizes each communications district to levy a service charge on CMRS. Provides
that such service charge:
(1)Shall be levied on all CMRS service which enables a user to access 911.
(2)Shall not exceed 85 cents per month per connection or the rate the district levies or is
authorized to levy on July 9, 1999, whichever is higher.
(3)Shall be levied by resolution or ordinance, provided however, that if the district levies an
emergency telephone service charge, tax, charge, surcharge or fee on July 9, 1999, then it is
not required to adopt a new ordinance or resolution except to change the rate thereof.
Proposed law provides that the service charge shall not exceed $1.25 per month per connection or
the rate the district levies or is authorized to levy on Aug. 1, 2016, whichever is higher. Provides
that if the district levies an emergency telephone service charge, tax, charge, surcharge or fee on
Aug. 1, 2016, then it is not required to adopt a new ordinance or resolution except to change the rate
thereof. Proposed law otherwise retains present law.
Present law provides that any person or entity otherwise exempt from taxation shall be exempt from
the service charge. Proposed law removes present law.
Present law, relative to districts with a population of not less than 20,000, requires that the proceeds
of the service charge collected after July 9, 1999, be used for the payment of service suppliers' and
district's costs associated with enhancements required by federal law and for any lawful purpose of the district. Provides for cooperative endeavors between the district and service suppliers for paying
such costs. Requires that once the district determines that funds are sufficient for implementation
of enhancements by the district and all suppliers in the district, the district shall request that the
suppliers make the enhancements. Requires that all enhancements be made within one year of the
initial levy of the service charge in a district having a population of 30,000 or more and within 18
months in a district with a population of between 20,000 and 30,000. Provides that if a district
required to make the enhancements fails to begin making such enhancements within the required
time after requesting that the service suppliers collect the service charge, the service suppliers shall
cease collecting the charge. Relative to districts with a population of less than 20,000 provides that
the proceeds may be used for any lawful purpose of the district.
Proposed law removes present law.
Present law provides that districts are subject to financial audit pursuant to present law. Requires
that each district submit an annual report to the legislative auditor, which report shall include
information on the revenues derived from the service charge and the uses thereof. Requires that such
report also include the status of implementation of wireless E911 service.
Proposed law removes present law except that districts will continue to be subject to audit pursuant
to present law.
Present law requires that each "wireless" service supplier establish a mechanism to permit a district
to have full-time access to customer data needed to assist in emergency response. Prohibits any other
use of such information and requires that it remain confidential and not be subject to present law
relative to disclosure of public records. Further requires that "wireless" suppliers adhere to standards
as may be established by the National Emergency Number Association. Requires that until
promulgation of such standards, a "wireless" supplier shall adhere to common industry standards.
Proposed law retains present law except removes reference to the term "wireless".
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.
(Amends R.S. 33:9106(A)(3)-(5) and 9109; Adds R.S. 33:9109.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the original bill:
1. 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 and proposed law.
The House Floor Amendments to the engrossed bill:
1. Add proposed law to modify the present law definitions of "exchange access facilities",
"service supplier", and "service user".