ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB362
Hearing Date: Monday January 27, 2025
Committee On: Transportation and Telecommunications
Introducer: DeBoer
One Liner: Eliminate provisions of and rename the Emergency Telephone Communications Systems Act and
the Enhanced Wireless 911 Services Act and change provisions of the 911 Service System Act
Roll Call Vote - Final Committee Action:
Advanced to General File
Vote Results:
Aye: 8 Senators Ballard, Bosn, Brandt, DeBoer, Fredrickson, Guereca,
Moser, Storer
Nay:
Absent:
Present Not Voting:
Testimony:
Proponents: Representing:
Senator Wendy DeBoer Opening Presenter
David Sankey Public Service Commission
Neil Miller NE Sheriff's Association
Candace Meredith NE Association of County Officials
Tip O'Neill NE Telecommunications Association
Opponents: Representing:
Neutral: Representing:
* ADA Accommodation Written Testimony
Summary of purpose and/or changes:
LB 362 is a 911 cleanup bill which eliminates redundant provisions in the statutes and clarifies and harmonizes other
provisions. It combines three acts into the 911 Service System Act; the Enhanced Wireless 911 Services Act, the
Emergency Telephone Communications Act, and the 911 Services Act. It removes language related to E-911 service
throughout relevant law. It also further defines next-generation 911 services under section 26.
The bill further adjusts the 911 Service System Advisory Committee under section 43. It staggers the terms of
members to three-year terms, with no more than a third of the membership expiring at any one time. It also reduces
the number of members required from each congressional district from four to two.
Section 45 removes language relating to the transfer of interest from the 911 Service System Fund to the General
Committee Statement: LB362
Transportation and Telecommunications Committee
Page 1 652fd6ff6b4ce799f963132832101de3 Fund from July 1, 2017 to June 30, 2019.
Section 52 exempts wireless carriers from collecting wireless surcharges for any customers receiving services under
the Nebraska Telephone Assistance Program if the customer does not receive a monthly charge for service through a
billing statement.
Section 56 removes eligibility for wireless carriers to receive cost compensation from the Public Service Commission
(PSC) for 911 services and restricts it to public safety answering points.
Section 66 mandates that every county implement next-generation 911 by July 1, 2026.
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Section 1 - Amends section 75-109.01 – Jurisdiction.
Eliminates the Emergency Telephone Communications Act and the Enhanced Wireless 911 Services Act from the
PSC’s jurisdiction. It adds section 51 of the present act to the PSC’s jurisdiction.
Section 2 – Amends section 75-126 – Unjust discrimination and practices prohibited; exceptions
Removes 86-465 as an exception to the prohibition preventing common carriers from collecting different fees from
different people for similar services.
Section 3 – Amends 75-132.01 - Exclusive original jurisdiction; appeal.
Removes the Emergency Telephone Communication Systems Act and the Enhanced Wireless 911 Services Act from
the exclusive original jurisdiction of the PSC. It adds violations of 911 Service System Act to the PSC’s original
jurisdiction.
Section 4 – Amends section 75-156 – Civil penalty; procedure; order; appeal.
Removes the ability of the PSC to assess a civil penalty for a violation of the Enhanced Wireless 911 Services Act
and instead enables it to assess penalties under the 911 Services Act.
Section 5 – Amends section 77-2703.04 – Telecommunications Sourcing Rule.
Changes the definition of tax under the act by removing language related to the Enhanced Wireless 911 Services Act
and replacing it with the 911 Service System Act.
Section 6 – Amends section 86-124 – Nonregulated activities; section; how construed.
Allows the PSC to regulate under section 50 of the current act instead of section 86-1029.04.
Section 7 – Amends section 86-125 – Communications provider; registration; requirements; administrative fine.
Requires that communications providers furnish contact information for issues related to the 911 Service System Act
and removes language concerning the Enhanced 911 Services Act.
Section 8 – Amends section 86-163 – Commission; duties.
Removes language concerning reporting on E-911, enhanced wireless 911 service, and wireless E-911 services.
Instead, it requires reporting of traditional 911 services and next-generation 911 services under sections 55 and 62 of
the present act.
Section 9 – Amends 86-313 – Surcharge; amount; hearing; commission; powers and duties.
Mandates that telephone companies in Nebraska collect a surcharge from each of its subscribers under section 41 of
the present act instead of under section 86-456.01
Committee Statement: LB362
Transportation and Telecommunications Committee
Page 2 652fd6ff6b4ce799f963132832101de3 Section 10 – Amends section 86-472 – 988 Suicide and Crisis Lifeline
Requires the Department of Health and Human Services to coordinate with the PSC to ensure the 988 system can
connect to the 911 system under section 42 of the present act instead of under 86-1025.
Section 11 – Wireless carrier definition
Defines wireless character in section 40 of the present act instead of under 86-456.
Section 12 – Amends section 86-903 – Prepaid wireless surcharges
Eliminates language relating to E-911 services and directs the wireless surcharge authorization be governed under
section 52 of the present act.
Section 13 – Amends Section 86-905 – Prepaid wireless surcharges; other charges
Eliminates language relating to E-911 of 86-905 and replaces it with more generalized language relating to 911
service.
Section 14 – Amends section 86-1001; provides that sections 14 to 68 of the present act may be cited as the 911
Service System Act.
Sections 15 through 24 - relabels statutes
Sections 15 through 24 remove the present statute numbers for statutes 86-1002 to 86-1013 so they can be
renumbered on bill passage. Section 17 also states that the definitions in the present act are to be relied on and not
the current statutory definitions.
Section 25 – Amends section 86-1014 – Network definition.
Eliminates enhanced 911 service language from the definition of network under the act.
Section 26 – Amends section 86-1015 – Next-generation 911 definition
This section alters the definition of next-generation 911 under the act. It broadens the definition and eliminates more
restrictive language. Under the new definition, next-generation 911 means an internet protocol-based system that 1)
ensures interoperability, 2) is secure, 3) employs standards, 4) enables emergency centers to process all types of 911
requests, 5) integrates addition information useful for emergency services, and 6) supports sharing information
related to 911 requests to other public safety answering points and emergency service providers.
Sections 27 and 28 – relabels statutes
Sections 27 and 28 remove the present statute number for statute sections 86-1017 and 86-1018 so they can be
renumbered on bill passage.
Section 29 – Amends section 86-429 – 911 service area definition.
Harmonizes statutes by ensuring that local governing bodies are used in defining 911 areas and not more generalized
governing bodies.
Section 30 – Amends section 86-1019 – 911 service system definition
Broadens the definition of a service system to mean a system that interacts with all 911 services and removes
language concerning enhanced 911 service and enhanced wireless 911 service.
Section 31 – Amends section 86-1020 -Originating service provider definition
The definition of originating service provider is changed to a service provider that provides the capability to call 911,
except as provided under 50 of the present act.
Committee Statement: LB362
Transportation and Telecommunications Committee
Page 3 652fd6ff6b4ce799f963132832101de3 Sections 32 through 35 - relabels statutes
Sections 32 through 35 remove the present statute number for statute sections 86-429.01 through 86-432 so they can
be renumbered on bill passage.
Section 36 – Amends section 86-433 – Service surcharge definition
The section harmonizes statutes by ensuring that local governing bodies are used in defining service surcharges and
not more generalized governing bodies. It removes language relating the definition to section 86-456.
Sections 37 through 39 - relabels statutes
Sections 37 through 39 remove the present statute number for statute sections 86-1023 through 86-1024.01 so they
can be renumbered on bill passage.
Section 40 – Amends section 86-456 – Wireless carrier definition.
This section updates the references to federal statutes and regulations to accurately reflect the definition of wireless
carrier found in federal law as it existed on January 1, 2025.
Section 41 – Amends section 86-456.01 – Wireless service definition
Updates the references to federal statutes and regulations to accurately reflect the definition of wireless service found
in current federal law as it existed on January 1, 2025.
Section 42 – Amends section 86-1025 – PSC duties
Adds the regulation of 911 service systems to the list of duties already owed by the PSC concerning more general
911 duties. It also harmonizes statutes by ensuring that local governing bodies are used in defining service
surcharges and not more generalized governing bodies.
Section 43 – Amends section 86-1025.01 – 911 Service System Advisory Committee
Alters the terms of current members of the 911 Service System Advisory Committee. Under the bill, the terms of the
members would expire in staggered three-year terms, with no more than one-third of membership expiring at any one
time. It also reduces the number of members required from each congressional district from four to two. Finally, it
enables the committee to advise on the introduction of legislation.
Section 44 – relabels statutes
Removes the present statute number for statute section 86-1026 so it can be renumbered on bill passage.
Section 45 – Amends section 86-1028 – 911 Service System Fund
Removes language relating to the Enhanced Wireless 911 Fund from the 911 Service System Fund definition. It
cleans up and removes language transferring interest from the 911 Service System Fund to the General Fund from
July 1, 2017 to June 30, 2019. Finally, it also eliminates language directing the State Treasurer to transfer money
from the Enhanced Wireless 911 Fund to the 911 Service System Fund.
Sections 46 through 50 - relabels statutes
Sections 46 through 50 remove the present statute number for statute sections 86-1029 through 86-1029.04 so they
can be renumbered on passage.
Section 51 – Amends 86-1031 – 911 service outage reports
Adds wireless providers to the definition a communications service provider and removes the statutory reference to
the definition of 911 service.
Committee Statement: LB362
Transportation and Telecommunications Committee
Page 4 652fd6ff6b4ce799f963132832101de3 Section 52 – Amends section 86-457 – Surcharges from wireless carriers
This section exempts wireless carriers from collecting wireless surcharges for any customers receiving services under
the Nebraska Telephone Assistance Program if the customer does not receive a monthly charge for service through a
billing statement. It also amends the law to now apply to users who have no 911 service.
Section 53 – Amends 86-458 – PSC public hearings
Removes references to the Enhanced Wireless 911 Services Act from the PSC’s duty to hold public hearings.
Section 54 – Amends Section 86-459 - Wireless carrier duties
Removes language relating to the Enhanced Wireless 911 Service System Act and language exempting wireless
carriers whose users who have no 911 service from reporting requirements.
Section 55 – Amends section 86-460 – Public safety answering point reports
Removes language relating to wireless 911 service or enhanced wireless 911 service and replaces it with
next-generation 911 service language.
Section 56 – Amends 86-466 – Public safety access point compensation
Removes eligibility for wireless carriers to receive cost compensation from the PSC for 911 services and restricts it to
public safety answering points.
Section 57 - Amends section 86-467 – Confidential information
Removes language relating to Enhanced Wireless 911 Services and broadens eligible confidential information to
information provided to any part of the commission, not just the advisory board.
Section 58 – Amends section 86-468 – Immunity
Harmonizes statutes by ensuring that local governing bodies are used defining entities eligible for 911 immunity and
not more generalized governing bodies. It removes language relating to the enhanced wireless service.
Section 59 – Amends 86-470 – Civil penalties
Removes language relating to civil penalties under the Enhanced Wireless 911 Services Act and broadens it to the
911 Service System Act.
Section 60 – Amends section 86-435 – 911 service; costs
Harmonizes statutes by ensuring that local governing bodies are used defining entities eligible for 911 immunity and
not more generalized governing bodies. It cleans up the legislative language and removes a reference to the
definition of wireless carriers being in section 86-456. Finally, it removes an exemption from surcharges for those
users who have no access to 911 services.
Section 61 – Amends section 86-436 – Surcharges; service user
Harmonizes statutes by ensuring that local governing bodies are used when service users are paying 911 surcharges
and not more generalized governing bodies.
Section 62 – Amends section 86-437 – Service supplier; surcharges
Harmonizes statutes by ensuring that local governing bodies are used when service suppliers are remitting 911
surcharges to the government and not more generalized governing bodies. It removes language related to the E-911
service and replaces the Emergency Telephone Communications Systems Act with the 911 Service System Act.
Section 63 – Amends section 86-438 – Surcharge rates
Harmonizes statutes by ensuring that local governing bodies are used when determining the rate of 911 surcharges,
Committee Statement: LB362
Transportation and Telecommunications Committee
Page 5 652fd6ff6b4ce799f963132832101de3 not to exceed the rate set in section 60 of the present act, and not more generalized governing bodies. It more
specifically defines 911 expenditures as those necessary to develop, install, and operate 911 telephone
communications systems.
Section 64 – Amends 86-439 – Separate fund for surcharges
Harmonizes statutes by ensuring that local governing bodies, not more generalized governing bodies, are cited when
mandating that they create a separate fund within their organization for 911 services instead of their general fund.
Section 65 – Amends 86-440 – Agreements authorized for governing bodies
Specifies that local governing bodies, not more generalized governmental bodies, have the ability to enter into
agreements with service suppliers, public safety agencies, other states, associations and corporations when
collecting service surcharges.
Section 66 – Amends section 86-440.01 – County implementation of 911 service
Mandates that every county must implement next generation 911 service by July 1, 2026, and removes language
related to enhanced 911 service.
Section 67 – Amends section 86-441 – 911 service immunity
Harmonizes statutes by ensuring that local governing bodies are immune from liability when using reasonable care in
contracting with other service suppliers, and not more generalized governing bodies. It replaces language citing the
Emergency Telephone Communications Systems Act with the 911 Service System Act.
Section 68 – Amends section 86-441.01 – Federal or other funds; Public Service Commission
Eliminates language related to E-911 service. It also replaces language citing the Public Service Commission as just
‘the commission.’
Section 69 – Repeals original sections of various statutes
Section 70 – Repeals outright certain statutes
Mike Moser, Chairperson
Committee Statement: LB362
Transportation and Telecommunications Committee
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