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 805 2016 Regular Session Broadwater
Keyword and oneliner of the instrument as it left the House
DISTRICTS/COMMUNICATIONS: Provides relative to communication districts
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. Restored a provision of present law that clarifies that it is the purpose of present law to
provide civil immunity for the provision of 911 services by wireless service suppliers and
all communications districts.
3. Restored a provision of present law that requires each parishwide communications district
to submit an annual report to the legislative auditor which includes information on the
revenues derived from the service charge authorized by present law and the use of such
revenues and a report on the status of implementation of wireless E911 service.
Report amends the bill to:
1. Restore a provision of present law that clarifies that it is the purpose of present law to
provide civil immunity for the provision of 911 services by wireless service suppliers and
all communications districts.
2. Remove a provision of proposed law that broadens the definition of "commercial mobile
radio service".
3. Correct statutory references.
4. Restore a provision of present law that requires each parishwide communications district to
submit an annual report to the legislative auditor which includes information on the revenues
derived from the service charge authorized by present law and the use of such revenues and
a report on the status of implementation of wireless E911 service. Digest of the bill as proposed by the Conference Committee
Present law provides a definition for "exchange access facilities". Proposed law redefines present
law and adds the terms "exchange access lines" and "lines" to the present law definition.
Proposed law redefines the present law definitions of "service supplier" and "service user".
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 7-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 deletes present law.
Proposed law 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. Requires specific
technological enhancements to be made within each PSAP in order to receive and utilize this
information from wireless devices.
Proposed law retains provisions that provides for civil immunity for the provision of 911 services
by wireless service suppliers and all communications districts.
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).
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 corrects certain statutory references. 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. 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.
Present law provides that the district shall be audited pursuant to the provisions of R.S. 24:513.
Further provides that each district shall submit an annual report to the legislative auditor which
includes information on the revenues derived from the service charge authorized by proposed law
and the use of such revenues.
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.
Effective August 1, 2016.
(Amends R.S. 33:9106(A)(3)-(5) and 9109; adds R.S. 33:9109.2)