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ENGROSSED HOUSE
BILL NO. 1897 By: Cantrell and Humphrey of
the House
and
Kidd of the Senate
An Act relating to public health and safety; amending 63
O.S. 2021, Sections 2814 and 2815, which relate to
political subdivisions authorized to operate emergency
telephone service and fee collection; modifying
statutory references; modifying name of certain act;
amending 63 O.S. 2021, Section 2862, as amended by
Section 6, Chapter 30, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 2862), which relates to definitions; defining
terms; modifying definition ; amending 63 O.S. 2021,
Section 2868, which relates to use of funds; modifying
name of certain act; removing certain duplicate
language; providing for recodification; repealing 63
O.S. 2021, Sections 2811, 2812 and 2813, which relate to
short title, purpose of act and definitions; and
providing an effective date.
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2814, is
amended to read as follows:
Section 2814. A. In addition to other powers for the
protection of the public health, a governing body may provide for
the operation of an emergency telephone service and may impose an
emergency telephone fee, as prov ided in this section, for emergency
telephone service in areas, subject to the jurisdiction of the
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governing body. The governing body may do such other acts as are
necessary for the protection and preservation of the public health
if necessary for the ope ration of the emergency telephone system.
B. The governing body is hereby authorized, by ordinance in the
case of municipalities and by resolution in the case of counties or
a combined governing b ody, to provide for the operation of emergency
telephone service and to impose an emergency telephone fee in the
area to be served by the system. The ordinance or resolution shall
submit to the voters in the area to be served the que stion of the
imposition of emergency telephone service and the amount of the
emergency telephone fee. The ordinance or resolution shall propose
the amount of the emergency telephone fee to begin the second year
and for each year thereafter, in an amount n ot greater than fiftee n
percent (15%) of the tariff rate, and shall call for an e lection to
be held within one (1) year from the date the ordinance or
resolution is adopted.
The ordinance or resolution shall also provide for the
collection of an amount not to exceed five percen t (5%) of the
tariff rate in areas subject to the jurisdict ion of the governing
body for a period of no longer than one (1) year. The one (1) year,
five percent (5%) fee shall be a part of, not an addition to, the
fee set by the voters. The collection of the five percent (5%) fee
may begin, prior to the election , within thirty (30) days after the
resolution or ordinance becomes effective. The one (1) year, five
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percent (5%) fee shall be used to provide for the cost of conducting
the election to set the e mergency telephone fee and any initial or
start-up cost necessary to implement the emergency telephone
service. If the fee is not approved by the electors, any remaining
money collected during the first year shall be distributed to t he
local exchange telephone company and then shall be refunded to each
service user charged on a pro rata basis.
C. Within sixty (60) days of the publication of the resolution
adopted pursuant to subsection B of this section, there may be filed
with the county election board o f the affected county or counties a
petition signed by not less than three percent (3%) of the total
number of votes cast in the next preceding general election of the
county or affected area.
Within sixty (60) days of publication of an ordinance adopted b y
a municipality pursuant to subsection B of this section, there may
be filed with the county election board of the county in which the
municipality is located a petition signed by not less than three
percent (3%) of the total number of votes cast in the n ext preceding
election of the city.
The petitions may reque st that the question of the installation
and operation of emergency telephone service and imposition of the
one (1) year, five percent (5%) emergency telephone fee as called
for in the resolution o r ordinance be disapproved.
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Upon determination of the suffi ciency of the petition and
certification by the county election board or boards, the
proposition shall be submitted to the qualified voters of the
county, municipality or area to be served not less than sixty (60)
days following the certification of the pe tition.
If a majority of the votes cast in an election held pursuant to
subsection B of this section disapprove the operation of emergency
telephone service and imposition of an emergency telephone fee or a
majority of the votes cast disapprove the one (1) year, five percent
(5%) emergency telephone fee, upon certification of the election
results by the county election board or boards, the resolution or
ordinance shall not take effect and the emerge ncy telephone service
and the emergency telephone fee calle d for in the resolution or
ordinance shall not be imposed. If the resolution or ordinance is
disapproved by the electors, any remaining money collected during
the first year shall be distributed t o the local exchange telephone
company and then shall be re funded to each service user charged on a
pro rata basis.
D. If the governing board does not take action to provide for
the operation of emergency telephone service and to imp ose an
emergency telephone fee as provided in subsection B of this section,
there may be filed with the county election board or boards of the
affected area a petition signed by not less than three percent (3%)
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of the total numbers of votes cast in the nex t preceding election o f
the affected area.
The petition shall request that the qu estion of the installation
and operation of emergency telephone service and imposition of a fee
in an amount not greater than fifteen percent (15%) of the tariff
rate be submitted to the qualified voters of the county,
municipality or area to be served. U pon determination of the
sufficiency of the petition and certification by the county election
board or boards, the proposition shall be submitted to the qualified
voters of the county, municipality or area to be served not less
than sixty (60) days followi ng the certification of the petition.
If a majority of the votes cast at an election held pursuant to
this subsection approve the installation and operation of emergency
telephone service and impos ition of an emergency telephone fee the
governing body shall provide for the installation and operation of
the service, impose the approved fee and provide for the governance
of the system. If the affected area is governed by two or more
governmental entities the governing bodies of each shall enter into
an agreement in accordance with the Interlocal Cooperative Act to
provide for the governance of the system.
E. Any fee imposed by a county or combined governing body shall
not apply to any portion of the county located within the boundaries
of a municipality or o ther governmental entity also imposing an
emergency telephone fee pursuant to the provisions of the Nine-One-
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One Emergency Number Oklahoma 9-1-1 Management Authority Act. The
approved emergency telephone fee shall be effective upon
certification of the el ection results by the county election board
or boards. Except as provided for in subsections G and I of this
section, an emergency telephone fee imposed prior to the effectiv e
date of this act shall continue at th e established amount until an
election to change the fee is called as provided for in this
section.
F. If a majority of the votes cast at an election held pursuant
to subsection B of this section approve the installa tion and
operation of emergency telepho ne service and imposition of an
emergency telephone fee, the governing body shall provide for the
installation and operation of the service and impose the approved
fee. The initial five percent (5%) fee, established by resolution
or an ordinance, as provi ded pursuant to the provisions of
subsection B of this section shall remain in effect for the
remainder of the first year.
G. The emergency telephone fee approved pursuant to the
provisions of this section shall be reviewed at least once each
calendar year by the governing body which shall, in a ccordance with
subsection D of Section 2815 2 of this title act, establish the
amount of the fee for the next calendar year, not to exceed the
amount set by the electors. The governing body shall have the power
and authority to reduce the emergency telephone fee being paid by
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the service users of the emergency telephone system to the estimated
amount needed for the annual operation and maintenance of the
system. If the govern ing body makes a reduction and in a sub sequent
year determines it is necessary to increase the fee to operate and
maintain the system, the governing body may raise the fee up to an
amount not to exceed the amount previously set by the electors. Any
fee imposed by the electors of a county, muni cipality or area served
shall remain at the amount approved by the electors until a new vote
of the electors is conducted in the manner for which an election may
be conducted to impose a fee as provided for in this se ction. The
proceeds of the fee shall b e utilized to pay for the operation of
emergency telephone service as specified in this section.
Collection of the fee may begin at any time if an existing service
is already operative or at any time subsequent to ex ecution of a
contract with the provider of the emergency telepho ne service at the
discretion of the governing body.
H. If the fee approved by the voters is less than fifteen
percent (15%) and the governing body determines there exists a need
for ancillary communications systems necessary to co mmunicate the
reported emergency to the appropriate emergency service and
personnel and the governing body also determines that the fee set by
the electors is not sufficient to fund the ancillary communications
systems, the governing body may by resolution or ordinance call an
election to submit the question of raising the voter-approved fee in
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a sufficient amount, not to exceed fifteen percent (15%), for such
additional time as determined by the governing body it is n ecessary
to purchase the ancillary comm unications equipment. Th e vote shall
be conducted in the manner provided for in subsection B of this
section.
I. A governing body with an existing emergency telephone
service system in operation prior to the effecti ve date of this act
may by ordinance or resolution restore the e mergency telephone fee
set at three percent (3%) to an amount not to exceed five percent
(5%) of the tariff rate for such additional time as is necessary to
fund ancillary communications equip ment necessary to communicate the
reported emergency to the appr opriate emergency service and
personnel.
Within sixty (60) days of the publication of the resolution
adopted pursuant to this subsection, there may be filed with the
county election board of t he affected county or counties a petiti on
signed by not less tha n three percent (3%) of the total number of
votes cast in the next preceding general election of the county or
affected area.
Within sixty (60) days of publication of an ordinance adopted by
a municipality pursuant to this subsecti on, there may be filed wi th
the county election board of the county in which the municipality is
located a petition signed by not less than three percent (3%) of the
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total number of votes cast in the next preceding el ection of the
city.
The petitions may request that the question of restoring the
emergency telephone fee to an amount not to exceed five percent (5%)
of the tariff rate to fund ancillary communications equipment be
submitted to the qualified voters of the county, municipality or
area to be served.
Upon determination of the sufficiency of the petition and
certification by the county election board or boards, the
proposition shall be submitted to the qualified voters of the
county, municipality or area to be served not less than sixty (60)
days following the certification of the petition. If a majority of
the votes cast at the election are for restoring the emergency
telephone fee to an amount not to exceed five percent (5%) of the
tariff rate to fund ancilla ry communications equipment, the
resolution or ordinance restori ng the fee shall become effective.
The increase of the fee may be implemented within thirty (30) days
after the resolution or ordinance becomes effective.
J. The tariff rate used for initial calculation of the
emergency telephone service fee shall remain static for the purpose
of calculating future fees for emergency telephone service.
Therefore, future rate changes for emergency telephone service shall
be stated as a percentage of the initi al tariff rate.
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K. The emergency telep hone fee shall be imposed only upon the
amount received from the tariff for exchange telephone service or
its equivalent. No fee shall be imposed upon more than one hundred
exchange access lines or their equivalent p er person per location.
L. Every billed service user shall be l iable for any fee
imposed pursuant to this section until it has been paid to the local
exchange telephone company.
M. The duty to collect any fee imposed pursuant to the
authority of the Nine-One-One Emergency Number Oklahoma 9-1-1
Management Authority Act from a service user shall commence at a
time specified by the governing body. Fees imposed pursuant to this
section that are required to be collected by the local exchange
telephone company shall be added to and shall be stated separately
in the billings to the service user.
N. The local exchange telephone company shall have no
obligation to take any legal action to enforce the collection of any
fee imposed pursuant to the authority of this sec tion, however,
should any service u ser tender a payment insufficient to satis fy all
charges, tariffs, fees and taxes for exchange telephone service, the
amount tendered shall be credited to the emergency telephone fee in
the same manner as other taxes and fees. The local exchange
telephone company shall annually provide the govern ing body with a
list of amounts uncollected along with the names and addresses of
those service users which carry a balance that can be determined by
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the local exchange telephone company to be nonpayment of any fee
imposed pursuant to the authority of this section.
O. Any fee imposed pursuant to the authority provided by this
section shall be collected insofar as practicable at the same time
as, and along with, the charges for exc hange telephone service in
accordance with the regular billing practice of th e local exchange
telephone service. The tariff rates determined by or stated in the
billing of the local exchange telephone company shall be presumed to
be correct if such charge s were made in accordance with the business
practices of the local exchange t elephone company. The presumption
may be rebutted by evidence which establishes that an incorrect
tariff rate was charged.
SECTION 2. AMENDATORY 63 O.S. 2021, Se ction 2815, is
amended to read as follows:
Section 2815. A. Any fee imposed pursuant to Section 2814 1 of
this title act and the amounts required to be collected are due
monthly. The amount of fee collected in one (1) month by the local
exchange telephone company shall be remitt ed to the governing body
no later than thirty (30) days after the close of the month in which
such fees were collected. In the event the fee collected is not
remitted by the local exchange telep hone company or by a competitive
local exchange company, as b oth are defined in Section 139.102 of
Title 17 of the Oklahoma Statutes, to the governing body within
thirty (30) days after the close of the month in which such fees
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were collected, then the loc al exchange telephone company shall
remit a penalty to the go verning body. The penalty shall be equal
to ten percent (10%) of the original unremitted fee, payable on the
first day of each month the fee remains delinquent. All fees
collected by the local exchange telephone company and remitted to
the governing body and any other money collected to fund the
emergency telephone system shall be deposited in a special nine-one-
one account established by the governing body, and shall be used
only to fund the expenditures authorized by the Nine-One-One
Emergency Number Oklahoma 9-1-1 Management Authority Act. The
governing body shall account for all disbursements from the account
and shall not allow the funds to be transferred to another account
not specifically established for the operation of the emergency
telephone system.
B. On or before the last day of each month, a return for the
preceding month shall be filed with the governing body in a form the
governing body and the local exchange telephone company agr ee to.
The local exchange telephone company required to file the return
shall deliver the return toget her with a remittance of the amount of
the fee payable to the treasurer or other person responsible to the
governing body for receipt of payments from th e fee. The local
exchange telephone company shall maintain r ecords of the amount of
any fee collected in accordance with the provisions of the Nine-One-
One Emergency Number Oklahoma 9-1-1 Management Authority Act. The
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records shall be maintained for a pe riod of one (1) year from the
time the fee is collected.
C. From every remittance of the collected fee to the governing
body made on or before the date when the same becomes due, the local
exchange telephone company required to remit the fee shall be
entitled to deduct and retain for administ rative costs, an amount
not to exceed three percent (3%) of the f irst five percent (5%) of
the emergency telephone fee.
D. At least once each calendar year, the governing body shall
establish the fee for the subsequen t year in an amount not to exceed
the amount approved by the voters as provided by the provisions of
Section 2814 1 of this title act that, together with any surplus
revenues, will produce sufficient revenues to fund the expenditures
authorized by the Nine-One-One Emergency Number Oklahoma 9-1-1
Management Authority Act. Amounts collected in excess of that
necessary within a given year shall be carried forward to subsequent
years. The governing body shall make the determination of the fee
amount no later than September 1 of each year and shall fix the new
fee to take effect commencing with the first billing peri od of each
service user on or following the next January 1. Immediately upon
making its determination and fixing the fee, the governing body
shall publish in its minutes the new fee, and it shall, at least
ninety (90) days before the new fee shall become effective, notify
by certified mail every local exchange telephone company providing
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emergency telephone service to areas within the jurisdiction of th e
governing body. The governing body may at its own expense re quire
an annual audit of the books and rec ords of the local exchange
telephone company concerning the collection and remittance of the
fee authorized by the Nine-One-One Emergency Number Oklahoma 9-1-1
Management Authority Act.
E. The governing body shall be required to have conducted
separately or as a part of the annual audit required by law of the
municipality or county an annual audit of any accounts established
or used by the governing bod y for the operation of an emergency
telephone system. The audi t may be conducted by the State Auditor
and Inspector at the discretion of the governing body. All audits
shall be conducted in accordance with generally accepted auditing
standards and Govern ment Auditing Standards issued by the
Comptroller General of th e United States. A copy of the audit shal l
be filed with the State Auditor and Inspector and action taken in
accordance with Section 212A of Title 74 of the Oklahoma Statutes.
The audit of the emergency telephone system accounts may be paid for
and be considered a part of the operating expenses of the 9-1-1
emergency telephone system.
F. The governing body shall meet at least quarterly to oversee
the operations of the 9-1-1 emergency telephone system, re view
expenditures, set and approve an operating bud get and take such
other action as necessar y for the operation and management of the
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system. The records and meetings of the governing body shall be
subject to the Oklahoma Open Meeting Act and the Oklahom a Open
Records Act.
G. A governing body made up of two or more governmental
entities shall have a board consisting of not less than three (3)
members; provided, the board shall consist of at least one (1)
member representing each governmental entity, appointed by the
governing body of each participating g overnmental entities, as set
forth in the agreement forming the board. The members shall serve
for terms of not more than three (3) years as set forth in the
agreement. Members may be appointed to serve more tha n one term.
The names of the members of th e governing body board and the
appointing authority of each member shall be maintained in the
office of the county clerk in the county or counties in which the
system operates, along with copies of the agreement f orming the
board and any amendments to that agreement.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 2862, as
amended by Section 6, Chapter 30, O.S.L. 2022 (63 O.S. S upp. 2022,
Section 2862), is amended to read as follows:
Section 2862. As used in the Oklahoma 9-1-1 Management
Authority Act:
1. "Area served" means the geographic area which shall be
served by the 9-1-1 emergency telephone service pr ovided by the
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governing body of a county, municipality, part of a county or
combination of such governin g bodies;
2. "Authority" means the Oklahoma 9 -1-1 Management Authority
created in Section 2863 of this title;
3. "Emergency telephone service " means any telephone system
utilizing a three-digit number, nine-one-one (9-1-1), for reporting
an emergency to the appropriate public a gency providing law
enforcement, fire, med ical or other emergency services, including
ancillary communications systems and personnel necessary to pass the
reported emergency to the appropriate eme rgency service and
personnel;
4. "Emergency telephone fee" means a fee to finance the
operation of emergency telephone service;
2. 5. "Governing body" means the board of cou nty commissioners
of a county, the city council, tribal authority or other governing
body of a municipality, or a combination of such boards, councils or
other municipal governing bodies including county or municipal
beneficiary public trusts, or other pub lic trusts which shall have
an administering board. A governing body made up of two or more
governmental entities shall have a board consist ing of not less than
three members and shall consist of at least one member representing
each governmental entity, appointed by the governing body of each
participating governmental entity, as set forth in the agreement
forming the board. The members of the board shall serve for terms
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of not more than three (3) years as set forth in the agreement.
Members may be appointed to serve more than one term. The names of
the members of the governing body board and the appointing author ity
of each member shall be maintained in the office of the county clerk
in the county or counties in which the system operates, along with
copies of the agreement forming the board and any amendments to that
agreement;
6. "Local exchange telephone company " means any company
providing exchange telephone services to any ser vice user in this
state, and shall include any compet itive local exchange carrier as
defined in Section 139.102 of Title 17 of the Oklahoma Statutes;
3. 7. "Next-generation 9-1-1" or "NG9-1-1" means an:
a. IP-based system comprised of hardware, software, data,
and operational policies and procedures that:
(1) provides standardized interfaces from emergency
call and message services to support emergency
communications,
(2) processes all types of emergency calls, including
voice, text, data and multimedia information,
(3) acquires and integrates additional emergency call
data useful to call routing and handling,
(4) delivers the emergency calls, messages and data
to the appropriate public safe ty answering point
and other appropriate emergency entities,
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(5) supports data or video communications needs for
coordinated incident response and management, and
(6) provides broadband service to public safety
answering points or other first responder
entities, or
b. IP-based system comprised of hardware, software, data
and operational policies and procedures that conforms
with subsequent amend ments made to the definition of
Next Generation 9-1-1 services in Public Law 112 -96;
4. 8. "9-1-1 emergency telephon e service" means any telephone
system whereby telephone subscribers may utilize a three-digit
number (9-1-1) for reporting an emergency to the appropriate public
agency providing law enforcement, fire, medical or other emergency
services, including ancilla ry communications systems and personnel
necessary to pass the reported emergency to the appropriate
emergency service and which the wireless s ervice provider is
required to provide pursuant to the Federal Communications
Commission Order 94-102 (961 Federal Register 40348);
5. 9. "9-1-1 wireless telephone fee" means the fee imposed in
Section 2865 of this title to finance the installation and operation
of emergency 9-1-1 services and any necessary equipment;
10. "Person" means any service user, including , but not limited
to, any individual, firm, partnership, co -partnership, joint
venture, association, cooperative organiz ation, private corporation,
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whether organized for profit or not, fraternal organization,
nonprofit organization, estate, trust, business or commo n law trust,
receiver, assignee for the benefit of credit ors, trustee or trustee
in bankruptcy, the United Stat es of America, the state, any
political subdivision of the state, or any federal or state agency,
department, commission, board or bureau;
6. 11. "Place of primary use" means the street address
representative of where the use of the mobile telecommunications
service of the customer primarily occurs, which shall be the
residential street address or the primary business street address of
the customer and shall be within the licensed service a rea of the
home service provider in accordance with Section 55001 of Title 68
of the Oklahoma Statutes and the federal Mobile Telecommunicatio ns
Sourcing Act, P.L. No. 106-252, codified at 4 U.S.C. 116-126;
7. 12. "Prepaid wireless telecommunications service " means a
telecommunications wireless service that provides the right to
utilize mobile wireless service as well as other telecommunications
services including the download of digital products delivered
electronically, content and ancillary services, which are paid for
in advance and sold in predetermined units or dollars of which the
number declines with use in a known amount;
8. 13. "Proprietary information" means wireless service
provider or VoIP service provider, subscriber, market share, cost
and review information;
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9. 14. "Public agency" means any city, town, county, municipal
corporation, public district, public trust, substate planning
district, public authority or tribal authority located within this
state which provides or has authority to provide firefig hting, law
enforcement, ambulance, emergency medical or other emergency
services;
10. 15. "Public safety answering point" or "PSAP" means an
entity responsible for receiving 9-1-1 calls and processing those
calls according to specific operational policy;
11. 16. "Public safety telecommunicator" means a person who
performs a public service by processing, analyzing, and dispatching
calls for emergency a ssistance. The person is a first responder
that provides pre-arrival instructions and has specialized trai ning
to mitigate the loss of life and property;
17. "Service user" means any person who is provided exchange
telephone service in this state;
18. "Tariff rate" means the rate or rates billed by a local
exchange telephone company stated in tariffs applica ble for such
company, as approved by the Oklahoma Corp oration Commission, or the
current equivalent of such rates, which represent the recurring
charges of such local exchange telephone company for exchan ge
telephone service or its equivalent, exclusive of all taxes, fees,
licenses or similar charges whatsoev er.
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12. 19. "Wireless service provider" means a provider of
commercial mobile service under Section 332( d) of the
Telecommunications Act of 1996 , 47 U.S.C., Section 151 et seq.,
Federal Communications Commission rules, and the Omnibus Budget
Reconciliation Act of 1993, Pub. L. No. 103-66, and includes a
provider of wireless two-way communication service, rad io-telephone
communications related to c ellular telephone service, network radio
access lines or the equivalent, and personal communication service .
The term does not include a provider of:
a. a service whose users do not have access to 9-1-1
service,
b. a communication channel used only for da ta
transmission, or
c. a wireless roaming service or oth er nonlocal radio
access line service;
13. 20. "Wireless telecommunications connection" means the ten-
digit access number assigned to a customer regardless of whether
more than one such number is aggreg ated for the purpose of billing a
service user; and
14. 21. "Voice over Internet Protocol (VoIP) provider " means a
provider of interconnected Voice over Internet Protocol service to
end users in the state, includ ing resellers.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 2868 , is
amended to read as follows:
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Section 2868. A. Public agencies recognized by the Oklahoma 9 -
1-1 Management Authority and authorized to receive funds collected
pursuant to the provisions of the Ok lahoma 9-1-1 Management
Authority Act shall use the funds only for services, equipment and
operations related to 9 -1-1 emergency telephone services.
B. The 9-1-1 Management Authority will oversee all 9 -1-1 fees
collected under the Oklahoma Emergency Telep hone Act and the fees
collected by this act. The Authority may order the Oklahoma Tax
Commission to escrow fees attri butable to public agencies which have
misspent, diverted or supplanted 9 -1-1 collected fees to a purpose
other than what is authorized by the Oklahoma Emergency Telephone
Act or this act.
C. Money remitted to public agencies pursuant to the Oklahoma
9-1-1 Management Authority Act and any money otherwise collected by
any lawful means for purposes of providing 9 -1-1 emergency telephone
services shall be deposited in a separate 9 -1-1 emergency telephone
service account established by a public agency or its go verning body
to carry out the requirements of the Oklahoma 9 -1-1 Management
Authority Act. Monies remaining in such accounts at the end o f a
fiscal year shall carry over to subsequent years. The monies
deposited in the Oklahoma 9-1-1 Management Authority Revolving Fund
shall at no time be monies of the state and shall not become part of
the general budget of the Office of Emergency Managem ent or any
other state agency. Except as other wise authorized by the Oklahoma
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9-1-1 Management Authority Act, no moni es from the Oklahoma 9 -1-1
Management Authority Revolving Fund shall be transferred for any
purpose to any other state agency or any accou nt of the Office of
Emergency Management or be used for the purpose of contracting with
any other state agency or reim bursing any other state agency for any
expense. Payments from the Oklahoma 9 -1-1 Management Authority
Revolving Fund shall not become or be construed to be any obligation
of the state. No claims for reimbursement from the Oklahoma 9-1-1
Management Authority Revolving Fund shall be paid with state monies.
D. If the Oklahoma 9 -1-1 Management Authority determines that
the public agency has f ailed to deploy Phase II service, failed to
meet the State master plan for NG9-1-1 services or has failed to
deliver service consistent with National Emergency Number
Association (NENA) standards, the public agency shall submit an
improvement plan within t he time prescribed by the Authority. The
Authority may order the Oklahoma Tax Commission to escrow fees
attributable to public agencies which have not submitted plans or
complied with improvement plans.
E. A public agency shall be required to have conduc ted
separately or as a part of the annual audit required by law of the
municipality or county an annual audit of any a ccounts established
or used for the operation of a 9 -1-1 emergency telephone system.
The audit may be conducted by the State Auditor and Inspector at the
discretion of the public agenc y. The cost of the audit of the 9-1-1
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emergency telephone system may b e paid from and be considered a part
of the operating expenses of the 9 -1-1 emergency telephone system.
Proprietary information of the wi reless service providers shall be
confidential. Audit information pertaining to revenue collected or
disbursed may be released only in aggregate form so that no
provider-specific information may be extrapolated.
F. Public agencies shall be required to an nually submit to the
Authority:
1. A report, on a form to be prescribed by the Authority,
covering the operation and financing of the public safety answering
point which shall include all sources of funding available to the
public agency for the 9 -1-1 emergency telephone system; and
2. A copy of the most recent annual audit or budget showing all
expenses of the public a gency relating to the 9 -1-1 emergency
telephone system.
G. The Authority shall have the power to review, approve,
submit for further info rmation or deny approval of the annual report
of each public agency required pursuant to subsection F of this
section. Failure by a public agency to submit the report annually
or denial of a report may cause the Authority to order the Tax
Commission to escrow the 9-1-1 emergency telephone fees due to the
public agency until the public agency complies with the requirement s
of the Oklahoma 9-1-1 Management Authority Act and the procedures
established by the Authority.
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H. The governing body of the public age ncy shall meet at least
quarterly to oversee th e operations of the 9-1-1 emergency telephone
system, review expenditur es and annually set and approve an
operating budget, and take any other action as necessary for the
operation and management of the system .
I. Records and meetings of the public agency shall be subject
to the Oklahoma Open Records Act and the Oklahoma Ope n Meeting Act.
SECTION 5. RECODIFICATION 63 O.S. 2021, Section 2814, as
last amended by Section 1 of this act, shall be recod ified as
Section 2869.1 of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numb ering.
SECTION 6. RECODIFICATION 63 O.S. 2021, Section 2815, as
last amended by Section 2 of this act, shall be recod ified as
Section 2869.2 of Title 63 of the Oklahoma Statutes, unless there is
created a duplication in numbering.
SECTION 7. RECODIFICATION 63 O.S. 2021, Section 2815.1,
shall be recodified as Section 2869.3 of Title 63 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
SECTION 8. RECODIFICATION 63 O.S. 2021, Section 2816,
shall be recodified as Section 2869.4 of Title 63 of the Oklahoma
Statutes, unless there is created a duplication in numberi ng.
SECTION 9. RECODIFICATION 63 O.S. 2021, Section 2817,
shall be recodified as Section 2869.5 of Title 63 of the Oklahoma
Statutes, unless there is created a duplication in numbering.
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SECTION 10. RECODIFICATION 63 O.S. 2021, Section 2818,
shall be recodified as Section 2869.6 of Title 63 of the Oklahoma
Statutes, unless there is creat ed a duplication in numbering.
SECTION 11. RECODIFICATION 63 O.S. 2021, Section 2820,
shall be recodified as Section 2869.7 of Title 63 of the Oklahoma
Statutes, unless there is created a duplication in numb ering.
SECTION 12. REPEALER 63 O.S. 2021, Sections 2811, 2812
and 2813 are hereby repealed.
SECTION 13. This act shall become effective November 1, 2023.
Passed the House of Representatives the 7th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2023.
Presiding Officer of the Senate