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Oklahoma House Bill HB1897

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1897 Compare Versions

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1-An Act
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334 BILL NO. 1897 By: Cantrell and Humphrey of
435 the House
536
637 and
738
839 Kidd of the Senate
940
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15-An Act relating to public health and safety; amending 63
16-O.S. 2021, Sections 2814 and 2815, which relate to
17-political subdivisions authorized to operate emergency
18-telephone service and fee collection; modifying
19-statutory references; modifying name of certain act;
20-amending 63 O.S. 2021, Section 2862, as amended by
21-Section 6, Chapter 30, O.S.L. 2022 (63 O.S. Supp. 2022,
22-Section 2862), which relates to definitions; defining
23-terms; modifying definition ; amending 63 O.S. 2021,
24-Section 2868, which relates to use of funds; modifying
25-name of certain act; removing certain duplicate
26-language; providing for recodification; repealing 63
27-O.S. 2021, Sections 2811, 2812 and 2813, which relate to
28-short title, purpose of act and definitions; and
29-providing an effective date.
45+An Act relating to public health and safety; amending
46+63 O.S. 2021, Section s 2814 and 2815, which relate to
47+political subdivisions authorized to operate
48+emergency telephone service and fee collection;
49+modifying statutory re ferences; modifying name of
50+certain act; amending 63 O.S. 2021, Section 2862, as
51+amended by Section 6, Chapter 30, O.S.L. 2022 (63
52+O.S. Supp. 2022, Section 2862), which relates to
53+definitions; defining terms; modifying definition ;
54+amending 63 O.S. 2021, Section 2868, which relates to
55+use of funds; modifying name of certain act; removing
56+certain duplicate language; providing for
57+recodification; repealing 63 O.S. 2021, Sections
58+2811, 2812 and 2813, which relate to short title,
59+purpose of act and definitions; and providing an
60+effective date.
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34-SUBJECT: Public health and saf ety
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3665 BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
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3866 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2814, is
3967 amended to read as follows:
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4168 Section 2814. A. In addition to other powers for the
4269 protection of the public health, a governing body may provide for
4370 the operation of an emergency telephone service and may impose an
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4498 emergency telephone fee, as provided in this section, for emergency
4599 telephone service in areas, subject to the jurisdiction of the
46-governing body. The governing body may do such other acts as are ENR. H. B. NO. 1897 Page 2
100+governing body. The governing body may do such other acts as are
47101 necessary for the protection and preservation of the public health
48102 if necessary for the operation of the emergency telephone system.
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50103 B. The governing body is hereby authorized, by ordinance in the
51104 case of municipalities and by resolution in the case of counties or
52105 a combined governing b ody, to provide for the operation of emergency
53106 telephone service and to impose an emergency telephone fee in the
54107 area to be served by the system. The ordinance or resolution shall
55108 submit to the voters in the area to be served the que stion of the
56109 imposition of emergency telephone service and the amount of the
57110 emergency telephone fee. The ordinance or resolution shall propose
58111 the amount of the emergency telephone fee to begin the second year
59112 and for each year thereafter, in an amount n ot greater than fiftee n
60113 percent (15%) of the tariff rate, and shall call for an election to
61114 be held within one (1) year from the date the ordinance or
62115 resolution is adopted.
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64116 The ordinance or resolution shall also provide for the
65117 collection of an amount not to exceed five percen t (5%) of the
66118 tariff rate in areas subject to the jurisdiction of the governing
67119 body for a period of no longer than one (1) year. The one (1) year,
68120 five percent (5%) fee shall be a part of, not an addition to, the
69121 fee set by the voters. The collection of the five percent (5%) fee
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70149 may begin, prior to the election, within thirty (30) days after the
71150 resolution or ordinance becomes effective. The one (1) year, five
72151 percent (5%) fee shall be used to provide for the cost of conducting
73152 the election to set the e mergency telephone fee and any initial or
74153 start-up cost necessary to implement the emergency telephone
75154 service. If the fee is not approved by the electors, any remaining
76155 money collected during the first year shall be distributed to t he
77156 local exchange telephone company and then shall be refunded to each
78157 service user charged on a pro rata basis.
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80158 C. Within sixty (60) days of the publication of the resolution
81159 adopted pursuant to subsection B of this section, there may be filed
82160 with the county election board o f the affected county or counties a
83161 petition signed by not less than three percent (3%) of the total
84162 number of votes cast in the next preceding general election of the
85163 county or affected area.
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87164 Within sixty (60) days of publication of an ordinance adopted b y
88165 a municipality pursuant to subsection B of this section, there may
89166 be filed with the county election board of the county in which the
90-municipality is located a petition signed by not less than three ENR. H. B. NO. 1897 Page 3
167+municipality is located a petition signed by not less than three
91168 percent (3%) of the total number of votes cast in the n ext preceding
92169 election of the city.
93-
94170 The petitions may request that the question of the installation
95171 and operation of emergency telephone service and imposition of the
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96199 one (1) year, five percent (5%) emergency telephone fee as called
97200 for in the resolution o r ordinance be disapproved.
98-
99201 Upon determination of the sufficiency of the petition and
100202 certification by the county election board or boards, the
101203 proposition shall be submitted to the qualified voters of the
102204 county, municipality or area to be served not less than sixty (60)
103205 days following the certification of the petition.
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105206 If a majority of the votes cast in an election held pursuant to
106207 subsection B of this section disapprove the operation of emergency
107208 telephone service and imposition of an emergency telephone fee or a
108209 majority of the votes cast disapprove the one (1) year, five percent
109210 (5%) emergency telephone fee, upon certification of the election
110211 results by the county election board or boards, the resolution or
111212 ordinance shall not take effect and the emerge ncy telephone service
112213 and the emergency telephone fee called for in the resolution or
113214 ordinance shall not be imposed. If the resolution or ordinance is
114215 disapproved by the electors, any remaining money collected during
115216 the first year shall be distributed t o the local exchange telephone
116217 company and then shall be refunded to each service user charged on a
117218 pro rata basis.
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119219 D. If the governing board does not take action to provide for
120220 the operation of emergency telephone service and to imp ose an
121221 emergency telephone fee as provided in subsection B of this section,
122222 there may be filed with the county election board or boards of the
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123250 affected area a petition signed by not less than three percent (3%)
124251 of the total numbers of votes cast in the nex t preceding election o f
125252 the affected area.
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127253 The petition shall request that the question of the installation
128254 and operation of emergency telephone service and imposition of a fee
129255 in an amount not greater than fifteen percent (15%) of the tariff
130256 rate be submitted to the qualified voters of the county,
131257 municipality or area to be served. Upon determination of the
132258 sufficiency of the petition and certification by the county election
133259 board or boards, the proposition shall be submitted to the qualified
134260 voters of the county, municipality or area to be served not less
135-than sixty (60) days followi ng the certification of the petition. ENR. H. B. NO. 1897 Page 4
136-
261+than sixty (60) days following the certification of the petition.
137262 If a majority of the votes cast at an election held pursuant to
138263 this subsection approve the installation and operation of emergency
139264 telephone service and impos ition of an emergency telephone fee the
140265 governing body shall provide for the installation and operation of
141266 the service, impose the approved fee and provide for the governance
142267 of the system. If the affected area is governed by two or more
143268 governmental entities the governing bodies of each shall enter into
144269 an agreement in accordance with the Interlocal Cooperative Act to
145270 provide for the governance of the system.
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147271 E. Any fee imposed by a county or combined governing body shall
148272 not apply to any portion of the county located within the boundaries
149273 of a municipality or other governmental entity also imposing an
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150301 emergency telephone fee pursuant to the provisions of the Nine-One-
151302 One Emergency Number Oklahoma 9-1-1 Management Authority Act. The
152303 approved emergency telephone fee shall be effective upon
153304 certification of the election results by the county election board
154305 or boards. Except as provided for in subsections G and I of this
155306 section, an emergency telephone fee imposed prior to the effectiv e
156307 date of this act shall continue at th e established amount until an
157308 election to change the fee is called as provided for in this
158309 section.
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160310 F. If a majority of the votes cast at an election held pursuant
161311 to subsection B of this section approve the installa tion and
162312 operation of emergency telepho ne service and imposition of an
163313 emergency telephone fee, the governing body shall provide for the
164314 installation and operation of the service and impose the approved
165315 fee. The initial five percent (5%) fee, established by resolution
166316 or an ordinance, as provi ded pursuant to the provisions of
167317 subsection B of this section shall remain in effect for the
168318 remainder of the first year.
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170319 G. The emergency telephone fee approved pursuant to the
171320 provisions of this section shall be reviewed at least once each
172321 calendar year by the governing body which shall, in accordance with
173322 subsection D of Section 2815 2 of this title act, establish the
174323 amount of the fee for the next calendar year, not to exceed the
175324 amount set by the electors. The governing body shall have the power
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176352 and authority to reduce the emergency telephone fee being paid by
177353 the service users of the emergency telephone system to the estimated
178354 amount needed for the annual operation and maintenance of the
179355 system. If the govern ing body makes a reduction and in a sub sequent
180-year determines it is necessary to increase the fee to operate and ENR. H. B. NO. 1897 Page 5
356+year determines it is necessary to increase the fee to operate and
181357 maintain the system, the governing body may raise the fee up to an
182358 amount not to exceed the amount previously set by the electors. Any
183359 fee imposed by the electors of a county, muni cipality or area served
184360 shall remain at the amount approved by the electors until a new vote
185361 of the electors is conducted in the manner for which an election may
186362 be conducted to impose a fee as provided for in this se ction. The
187363 proceeds of the fee shall b e utilized to pay for the operation of
188364 emergency telephone service as specified in this section.
189365 Collection of the fee may begin at any time if an existing service
190366 is already operative or at any time subsequent to ex ecution of a
191367 contract with the provider of the emergency telephone service at the
192368 discretion of the governing body.
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194369 H. If the fee approved by the voters is less than fifteen
195370 percent (15%) and the governing body determines there exists a need
196371 for ancillary communications systems necessary to co mmunicate the
197372 reported emergency to the appropriate emergency service and
198373 personnel and the governing body also determines that the fee set by
199374 the electors is not sufficient to fund the ancillary communications
200375 systems, the governing body may by resolution or ordinance call an
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201403 election to submit the question of raising the voter-approved fee in
202404 a sufficient amount, not to exceed fifteen percent (15%), for such
203405 additional time as determined by the governing body it is n ecessary
204406 to purchase the ancillary comm unications equipment. The vote shall
205407 be conducted in the manner provided for in subsection B of this
206408 section.
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208409 I. A governing body with an existing emergency telephone
209410 service system in operation prior to the effecti ve date of this act
210411 may by ordinance or resolution restore the emergency telephone fee
211412 set at three percent (3%) to an amount not to exceed five percent
212413 (5%) of the tariff rate for such additional time as is necessary to
213414 fund ancillary communications equip ment necessary to communicate the
214415 reported emergency to the appropriate emergency service and
215416 personnel.
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217417 Within sixty (60) days of the publication of the resolution
218418 adopted pursuant to this subsection, there may be filed with the
219419 county election board of t he affected county or counties a petiti on
220420 signed by not less than three percent (3%) of the total number of
221421 votes cast in the next preceding general election of the county or
222422 affected area.
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224423 Within sixty (60) days of publication of an ordinance adopted by
225-a municipality pursuant to this su bsection, there may be filed with ENR. H. B. NO. 1897 Page 6
424+a municipality pursuant to this subsecti on, there may be filed with
226425 the county election board of the county in which the municipality is
227426 located a petition signed by not less than three percent (3%) of the
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228454 total number of votes cast in the next preceding el ection of the
229455 city.
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231456 The petitions may request that the question of restoring the
232457 emergency telephone fee to an amount not to exceed five percent (5%)
233458 of the tariff rate to fund ancillary communications equipment be
234459 submitted to the qualified voters of the county, municipality or
235460 area to be served.
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237461 Upon determination of the sufficiency of the petition and
238462 certification by the county election board or boards, the
239463 proposition shall be submitted to the qualified voters of the
240464 county, municipality or area to be served not less than sixty (60)
241465 days following the certification of the petition. If a majority of
242466 the votes cast at the election are for restoring the emergency
243467 telephone fee to an amount not to exceed five percent (5%) of the
244468 tariff rate to fund ancilla ry communications equipment, the
245469 resolution or ordinance restoring the fee shall become effective.
246470 The increase of the fee may be implemented within thirty (30) days
247471 after the resolution or ordinance becomes effective.
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249472 J. The tariff rate used for initial calculation of the
250473 emergency telephone service fee shall remain static for the purpose
251474 of calculating future fees for emergency telephone service.
252475 Therefore, future rate changes for emergency telephone service shall
253476 be stated as a percentage of the initi al tariff rate.
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255504 K. The emergency telep hone fee shall be imposed only upon the
256505 amount received from the tariff for exchange telephone service or
257506 its equivalent. No fee shall be imposed upon more than one hundred
258507 exchange access lines or their equivalent p er person per location.
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260508 L. Every billed service user shall be liable for any fee
261509 imposed pursuant to this section until it has been paid to the local
262510 exchange telephone company.
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264511 M. The duty to collect any fee imposed pursuant to the
265512 authority of the Nine-One-One Emergency Number Oklahoma 9-1-1
266513 Management Authority Act from a service user shall commence at a
267514 time specified by the governing body. Fees imposed pursuant to this
268515 section that are required to be collected by the local exchange
269516 telephone company shall be added to and shall be stated separately
270-in the billings to the service user. ENR. H. B. NO. 1897 Page 7
271-
517+in the billings to the service user.
272518 N. The local exchange telephone company shall have no
273519 obligation to take any legal action to enforce the collection of any
274520 fee imposed pursuant to the authority of this sec tion, however,
275521 should any service u ser tender a payment insufficient to satisfy all
276522 charges, tariffs, fees and taxes for exchange telephone service, the
277523 amount tendered shall be credited to the emergency telephone fee in
278524 the same manner as other taxes and fees. The local exchange
279525 telephone company shall annually provide the governing body with a
280526 list of amounts uncollected along with the names and addresses of
281527 those service users which carry a balance that can be determined by
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282555 the local exchange telephone company to be nonpayment of any fee
283556 imposed pursuant to the authority of this section.
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285557 O. Any fee imposed pursuant to the authority provided by this
286558 section shall be collected insofar as practicable at the same time
287559 as, and along with, the charges for exc hange telephone service in
288560 accordance with the regular billing practice of the local exchange
289561 telephone service. The tariff rates determined by or stated in the
290562 billing of the local exchange telephone company shall be presumed to
291563 be correct if such charge s were made in accordance with the business
292564 practices of the local exchange telephone company. The presumption
293565 may be rebutted by evidence which establishes that an incorrect
294566 tariff rate was charged.
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296567 SECTION 2. AMENDATORY 63 O.S. 2021, Se ction 2815, is
297568 amended to read as follows:
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299569 Section 2815. A. Any fee imposed pursuant to Section 2814 1 of
300570 this title act and the amounts required to be collected are due
301571 monthly. The amount of fee collected in one (1) month by the local
302572 exchange telephone company shall be remitt ed to the governing body
303573 no later than thirty (30) days after the close of the month in which
304574 such fees were collected. In the event the fee collected is not
305575 remitted by the local exchange telep hone company or by a competitive
306576 local exchange company, as b oth are defined in Section 139.102 of
307577 Title 17 of the Oklahoma Statutes, to the governing body within
308578 thirty (30) days after the close of the month in which such fees
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309606 were collected, then the loc al exchange telephone company shall
310607 remit a penalty to the go verning body. The penalty shall be equal
311608 to ten percent (10%) of the original unremitted fee, payable on the
312609 first day of each month the fee remains delinquent. All fees
313610 collected by the local exchange telephone company and remitted to
314611 the governing body and any other money collected to fund the
315-emergency telephone system shall be deposited in a special nine-one- ENR. H. B. NO. 1897 Page 8
612+emergency telephone system shall be deposited in a special nine-one-
316613 one account established by the governing body, and shall be used
317614 only to fund the expenditures authorized by the Nine-One-One
318615 Emergency Number Oklahoma 9-1-1 Management Authority Act. The
319616 governing body shall account for all disbursements from the account
320617 and shall not allow the funds to be transferred to another account
321618 not specifically established for the operation of the emergency
322619 telephone system.
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324620 B. On or before the last day of each month, a return for the
325621 preceding month shall be filed with the governing body in a form the
326622 governing body and the local exchange telephone company agr ee to.
327623 The local exchange telephone company required to file the return
328624 shall deliver the return together with a remittance of the amount of
329625 the fee payable to the treasurer or other person responsible to the
330626 governing body for receipt of payments from th e fee. The local
331627 exchange telephone company shall maintain r ecords of the amount of
332628 any fee collected in accordance with the provisions of the Nine-One-
333629 One Emergency Number Oklahoma 9-1-1 Management Authority Act. The
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334657 records shall be maintained for a pe riod of one (1) year from the
335658 time the fee is collected.
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337659 C. From every remittance of the collected fee to the governing
338660 body made on or before the date when the same becomes due, the local
339661 exchange telephone company required to remit the fee shall be
340662 entitled to deduct and retain for administ rative costs, an amount
341663 not to exceed three percent (3%) of the first five percent (5%) of
342664 the emergency telephone fee.
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344665 D. At least once each calendar year, the governing body shall
345666 establish the fee for the subsequen t year in an amount not to exceed
346667 the amount approved by the voters as provided by the provisions of
347668 Section 2814 1 of this title act that, together with any surplus
348669 revenues, will produce sufficient revenues to fund the expenditures
349670 authorized by the Nine-One-One Emergency Number Oklahoma 9-1-1
350671 Management Authority Act. Amounts collected in excess of that
351672 necessary within a given year shall be carried forward to subsequent
352673 years. The governing body shall make the determination of the fee
353674 amount no later than September 1 of each year and shall fix the new
354675 fee to take effect commencing with the first billing period of each
355676 service user on or following the next January 1. Immediately upon
356677 making its determination and fixing the fee, the governing body
357678 shall publish in its minutes the new fee, and it shall, at least
358679 ninety (90) days before the new fee shall become effective, notify
359680 by certified mail every local exchange telephone company providing
360-emergency telephone service to areas within the jurisdiction of th e ENR. H. B. NO. 1897 Page 9
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708+emergency telephone service to areas within the jurisdiction of th e
361709 governing body. The governing body may at its own expense re quire
362710 an annual audit of the books and records of the local exchange
363711 telephone company concerning the collection and remittance of the
364712 fee authorized by the Nine-One-One Emergency Number Oklahoma 9-1-1
365713 Management Authority Act.
366-
367714 E. The governing body shall be required to have conducted
368715 separately or as a part of the annual audit required by law of the
369716 municipality or county an annual audit of any accounts established
370717 or used by the governing bod y for the operation of an emergency
371718 telephone system. The audi t may be conducted by the State Auditor
372719 and Inspector at the discretion of the governing body. All audits
373720 shall be conducted in accordance with generally accepted auditing
374721 standards and Govern ment Auditing Standards issued by the
375722 Comptroller General of th e United States. A copy of the audit shall
376723 be filed with the State Auditor and Inspector and action taken in
377724 accordance with Section 212A of Title 74 of the Oklahoma Statutes.
378725 The audit of the emergency telephone system accounts may be paid for
379726 and be considered a part of the operating expenses of the 9-1-1
380727 emergency telephone system.
381-
382728 F. The governing body shall meet at least quarterly to oversee
383729 the operations of the 9-1-1 emergency telephone system, re view
384730 expenditures, set and approve an operating bud get and take such
385731 other action as necessary for the operation and management of the
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386759 system. The records and meetings of the governing body shall be
387760 subject to the Oklahoma Open Meeting Act and the Oklahom a Open
388761 Records Act.
389-
390762 G. A governing body made up of two or more governmental
391763 entities shall have a board consisting of not less than three (3)
392764 members; provided, the board shall consist of at least one (1)
393765 member representing each governmental entity, appointed by the
394766 governing body of each participating g overnmental entities, as set
395767 forth in the agreement forming the board. The members shall serve
396768 for terms of not more than three (3) years as set forth in the
397769 agreement. Members may be appointed to serve more tha n one term.
398770 The names of the members of th e governing body board and the
399771 appointing authority of each member shall be maintained in the
400772 office of the county clerk in the county or counties in which the
401773 system operates, along with copies of the agreement f orming the
402774 board and any amendments to that agreement.
403- ENR. H. B. NO. 1897 Page 10
404775 SECTION 3. AMENDATORY 63 O.S. 2021, Section 2862, as
405776 amended by Section 6, Chapter 30, O.S.L. 2022 (63 O.S. S upp. 2022,
406777 Section 2862), is amended to read as follows:
407-
408778 Section 2862. As used in the Oklahoma 9-1-1 Management
409779 Authority Act:
410-
411780 1. "Area served" means the geographic area which shall be
412781 served by the 9-1-1 emergency telephone service pr ovided by the
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413809 governing body of a county, municipality, part of a county or
414810 combination of such governin g bodies;
415-
416811 2. "Authority" means the Oklahoma 9-1-1 Management Authority
417812 created in Section 2863 of this title;
418-
419813 3. "Emergency telephone service " means any telephone system
420814 utilizing a three-digit number, nine-one-one (9-1-1), for reporting
421815 an emergency to the appropriate public a gency providing law
422816 enforcement, fire, medical or other emergency services, including
423817 ancillary communications systems and personnel necessary to pass the
424818 reported emergency to the appropriate eme rgency service and
425819 personnel;
426-
427820 4. "Emergency telephone fee" means a fee to finance the
428821 operation of emergency telephone service;
429-
430822 2. 5. "Governing body" means the board of cou nty commissioners
431823 of a county, the city council, tribal authority or other governing
432824 body of a municipality, or a combination of such boards, councils or
433825 other municipal governing bodies including county or municipal
434826 beneficiary public trusts, or other pub lic trusts which shall have
435827 an administering board. A governing body made up of two or more
436828 governmental entities shall have a board consist ing of not less than
437829 three members and shall consist of at least one member representing
438830 each governmental entity, appointed by the governing body of each
439831 participating governmental entity, as set forth in the agreement
440832 forming the board. The members of the board shall serve for terms
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441860 of not more than three (3) years as set forth in the agreement.
442861 Members may be appointed to serve more than one term. The names of
443862 the members of the governing body board and the appointing author ity
444863 of each member shall be maintained in the office of the county clerk
445864 in the county or counties in which the system operates, along with
446865 copies of the agreement forming the board and any amendments to that
447866 agreement;
448- ENR. H. B. NO. 1897 Page 11
449867 6. "Local exchange telephone company " means any company
450868 providing exchange telephone services to any service user in this
451869 state, and shall include any compet itive local exchange carrier as
452870 defined in Section 139.102 of Title 17 of the Oklahoma Statutes;
453-
454871 3. 7. "Next-generation 9-1-1" or "NG9-1-1" means an:
455-
456872 a. IP-based system comprised of hardware, software, data,
457873 and operational policies and procedures that:
458-
459874 (1) provides standardized interfaces from emergency
460875 call and message services to support emergency
461876 communications,
462-
463877 (2) processes all types of emergency calls, including
464878 voice, text, data and multimedia information,
465-
466879 (3) acquires and integrates additional emergency call
467880 data useful to call routing and handling,
468-
469881 (4) delivers the emergency calls, messages and data
470882 to the appropriate public safe ty answering point
471883 and other appropriate emergency entities,
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473911 (5) supports data or video communications needs for
474912 coordinated incident response and management, and
475-
476913 (6) provides broadband service to public safety
477914 answering points or other first responder
478915 entities, or
479-
480916 b. IP-based system comprised of hardware, software, data
481917 and operational policies and procedures that conforms
482918 with subsequent amend ments made to the definition of
483919 Next Generation 9-1-1 services in Public Law 112 -96;
484-
485920 4. 8. "9-1-1 emergency telephon e service" means any telephone
486921 system whereby telephone subscribers may utilize a three-digit
487922 number (9-1-1) for reporting an emergency to the appropriate public
488923 agency providing law enforcement, fire, medical or other emergency
489924 services, including ancilla ry communications systems and personnel
490925 necessary to pass the reported emergency to the appropriate
491926 emergency service and which the wireless s ervice provider is
492927 required to provide pursuant to the Federal Communications
493-Commission Order 94-102 (961 Federal Register 40348); ENR. H. B. NO. 1897 Page 12
494-
928+Commission Order 94-102 (961 Federal Register 40348);
495929 5. 9. "9-1-1 wireless telephone fee" means the fee imposed in
496930 Section 2865 of this title to finance the installation and operation
497931 of emergency 9-1-1 services and any necessary equipment;
498-
499932 10. "Person" means any service user, including , but not limited
500933 to, any individual, firm, partnership, co-partnership, joint
501934 venture, association, cooperative organiz ation, private corporation,
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502962 whether organized for profit or not, fraternal organization,
503963 nonprofit organization, estate, trust, business or commo n law trust,
504964 receiver, assignee for the benefit of creditors, trustee or trustee
505965 in bankruptcy, the United Stat es of America, the state, any
506966 political subdivision of the state, or any federal or state agency,
507967 department, commission, board or bureau;
508-
509968 6. 11. "Place of primary use" means the street address
510969 representative of where the use of the mobile telecommunications
511970 service of the customer primarily occurs, which shall be the
512971 residential street address or the primary business street address of
513972 the customer and shall be within the licensed service area of the
514973 home service provider in accordance with Section 55001 of Title 68
515974 of the Oklahoma Statutes and the federal Mobile Telecommunicatio ns
516975 Sourcing Act, P.L. No. 106-252, codified at 4 U.S.C. 116-126;
517-
518976 7. 12. "Prepaid wireless telecommunications service" means a
519977 telecommunications wireless service that provides the right to
520978 utilize mobile wireless service as well as other telecommunications
521979 services including the download of digital products delivered
522980 electronically, content and ancillary services, which are paid for
523981 in advance and sold in predetermined units or dollars of which the
524982 number declines with use in a known amount;
525-
526983 8. 13. "Proprietary information" means wireless service
527984 provider or VoIP service provider, subscriber, market share, cost
528985 and review information;
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5291012
5301013 9. 14. "Public agency" means any city, town, county, municipal
5311014 corporation, public district, public trust, substate planning
5321015 district, public authority or tribal authority located within this
5331016 state which provides or has authority to provide firefighting, law
5341017 enforcement, ambulance, emergency medical or other emergency
5351018 services;
536- ENR. H. B. NO. 1897 Page 13
5371019 10. 15. "Public safety answering point" or "PSAP" means an
5381020 entity responsible for receiving 9-1-1 calls and processing those
5391021 calls according to specific operational policy;
540-
5411022 11. 16. "Public safety telecommunicator" means a person who
5421023 performs a public service by processing, analyzing, and dispatching
5431024 calls for emergency a ssistance. The person is a first responder
5441025 that provides pre-arrival instructions and has specialized training
5451026 to mitigate the loss of life and property;
546-
5471027 17. "Service user" means any person who is provided exchange
5481028 telephone service in this state;
549-
5501029 18. "Tariff rate" means the rate or rates billed by a local
5511030 exchange telephone company stated in tariffs applicable for such
5521031 company, as approved by the Oklahoma Corp oration Commission, or the
5531032 current equivalent of such rates, which represent the recurring
5541033 charges of such local exchange telephone company for exchan ge
5551034 telephone service or its equivalent, exclusive of all taxes, fees,
556-licenses or similar charges whatsoev er;
1035+licenses or similar charges whatsoev er.
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5571062
5581063 12. 19. "Wireless service provider" means a provider of
5591064 commercial mobile service under Section 332( d) of the
5601065 Telecommunications Act of 1996 , 47 U.S.C., Section 151 et seq.,
5611066 Federal Communications Commission rules, and the Omnibus Budget
5621067 Reconciliation Act of 1993, Pub. L. No. 103-66, and includes a
5631068 provider of wireless two-way communication service, rad io-telephone
5641069 communications related to c ellular telephone service, network radio
5651070 access lines or the equivalent, and personal communication service .
5661071 The term does not include a provider of:
567-
5681072 a. a service whose users do not have access to 9-1-1
5691073 service,
570-
5711074 b. a communication channel used only for da ta
5721075 transmission, or
573-
5741076 c. a wireless roaming service or other nonlocal radio
5751077 access line service;
576-
5771078 13. 20. "Wireless telecommunications connection" means the ten-
5781079 digit access number assigned to a customer regardless of whether
5791080 more than one such number is aggreg ated for the purpose of billing a
5801081 service user; and
581- ENR. H. B. NO. 1897 Page 14
5821082 14. 21. "Voice over Internet Protocol (VoIP) provider " means a
5831083 provider of interconnected Voice over Internet Protocol service to
5841084 end users in the state, includ ing resellers.
585-
5861085 SECTION 4. AMENDATORY 63 O.S. 2021, Section 2868, is
5871086 amended to read as follows:
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5881113
5891114 Section 2868. A. Public agencies recognized by the Oklahoma 9 -
5901115 1-1 Management Authority and authorized to receive funds collected
5911116 pursuant to the provisions of the Ok lahoma 9-1-1 Management
5921117 Authority Act shall use the funds only for services, equipment and
5931118 operations related to 9 -1-1 emergency telephone services.
594-
5951119 B. The 9-1-1 Management Authority will oversee all 9 -1-1 fees
5961120 collected under the Oklahoma Emergency Telep hone Act and the fees
5971121 collected by this act. The Authority may order the Oklahoma Tax
5981122 Commission to escrow fees attri butable to public agencies which have
5991123 misspent, diverted or supplanted 9 -1-1 collected fees to a purpose
6001124 other than what is authorized by the Oklahoma Emergency Telephone
6011125 Act or this act.
602-
6031126 C. Money remitted to public agencies pursuant to the Oklahoma
6041127 9-1-1 Management Authority Act and any money otherwise collected by
6051128 any lawful means for purposes of providing 9 -1-1 emergency telephone
6061129 services shall be deposited in a separate 9-1-1 emergency telephone
6071130 service account established by a public agency or its go verning body
6081131 to carry out the requirements of the Oklahoma 9 -1-1 Management
6091132 Authority Act. Monies remaining in such accounts at the end o f a
6101133 fiscal year shall carry over to subsequent years. The monies
6111134 deposited in the Oklahoma 9-1-1 Management Authority Revolving Fund
6121135 shall at no time be monies of the state and shall not become part of
6131136 the general budget of the Office of Emergency Managem ent or any
6141137 other state agency. Except as otherwise authorized by the Oklahoma
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6151165 9-1-1 Management Authority Act, no moni es from the Oklahoma 9 -1-1
6161166 Management Authority Revolving Fund shall be transferred for any
6171167 purpose to any other state agency or any accou nt of the Office of
6181168 Emergency Management or be used for the purpose of contracting with
6191169 any other state agency or reim bursing any other state agency for any
6201170 expense. Payments from the Oklahoma 9 -1-1 Management Authority
6211171 Revolving Fund shall not become or be construed to be any obligation
6221172 of the state. No claims for reimbursement from the Oklahoma 9-1-1
6231173 Management Authority Revolving Fund shall be paid with state monies.
624-
6251174 D. If the Oklahoma 9 -1-1 Management Authority determines that
626-the public agency has f ailed to deploy Phase II service, failed to ENR. H. B. NO. 1897 Page 15
1175+the public agency has f ailed to deploy Phase II service, failed to
6271176 meet the State master plan for NG9-1-1 services or has failed to
6281177 deliver service consistent with National Emergency Number
6291178 Association (NENA) standards, the public agency shall submit an
6301179 improvement plan within t he time prescribed by the Authority. The
6311180 Authority may order the Oklahoma Tax Commission to escrow fees
6321181 attributable to public agencies which have not submitted plans or
6331182 complied with improvement plans.
634-
6351183 E. A public agency shall be required to have conduc ted
6361184 separately or as a part of the annual audit required by law of the
6371185 municipality or county an annual audit of any a ccounts established
6381186 or used for the operation of a 9 -1-1 emergency telephone system.
6391187 The audit may be conducted by the State Auditor and Inspector at the
6401188 discretion of the public agency. The cost of the audit of the 9-1-1
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6411216 emergency telephone system may b e paid from and be considered a part
6421217 of the operating expenses of the 9 -1-1 emergency telephone system.
6431218 Proprietary information of the wi reless service providers shall be
6441219 confidential. Audit information pertaining to revenue collected or
6451220 disbursed may be released only in aggregate form so that no
6461221 provider-specific information may be extrapolated.
647-
6481222 F. Public agencies shall be required to an nually submit to the
6491223 Authority:
650-
6511224 1. A report, on a form to be prescribed by the Authority,
6521225 covering the operation and financing of the public safety answering
6531226 point which shall include all sources of funding available to the
6541227 public agency for the 9 -1-1 emergency telephone system; and
655-
6561228 2. A copy of the most recent annual audit or budget showing all
6571229 expenses of the public a gency relating to the 9 -1-1 emergency
6581230 telephone system.
659-
6601231 G. The Authority shall have the power to review, approve,
6611232 submit for further info rmation or deny approval of the annual report
6621233 of each public agency required pursuant to subsection F of this
6631234 section. Failure by a public agency to submit the report annually
6641235 or denial of a report may cause the Authority to order the Tax
6651236 Commission to escrow the 9-1-1 emergency telephone fees due to the
6661237 public agency until the public agency complies with the requirement s
6671238 of the Oklahoma 9-1-1 Management Authority Act and the procedures
6681239 established by the Authority.
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6701267 H. The governing body of the public age ncy shall meet at least
671-quarterly to oversee th e operations of the 9-1-1 emergency telephone ENR. H. B. NO. 1897 Page 16
1268+quarterly to oversee the operations of the 9-1-1 emergency telephone
6721269 system, review expenditur es and annually set and approve an
6731270 operating budget, and take any other action as necessary for the
6741271 operation and management of the system .
675-
6761272 I. Records and meetings of the public agency shall be subject
6771273 to the Oklahoma Open Records Act and the Oklahoma Ope n Meeting Act.
678-
6791274 SECTION 5. RECODIFICATION 63 O.S. 2021, Section 2814, as
6801275 last amended by Section 1 of this act, shall be recod ified as
6811276 Section 2869.1 of Title 63 of the Oklahoma Statutes, unless there is
6821277 created a duplication in numb ering.
683-
6841278 SECTION 6. RECODIFICATION 63 O.S. 2021, Section 2815, as
6851279 last amended by Section 2 of this act, shall be recod ified as
6861280 Section 2869.2 of Title 63 of the Oklahoma Statutes, unless there is
6871281 created a duplication in numbering.
688-
6891282 SECTION 7. RECODIFICATION 63 O.S. 2021, Section 2815.1,
6901283 shall be recodified as Section 2869.3 of Title 63 of the Oklahoma
6911284 Statutes, unless there is created a duplication in numbering.
692-
6931285 SECTION 8. RECODIFICATION 63 O.S. 2021, Section 2816,
6941286 shall be recodified as Section 2869.4 of Title 63 of the Oklahoma
6951287 Statutes, unless there is created a duplication in numberi ng.
696-
6971288 SECTION 9. RECODIFICATION 63 O.S. 2021, Section 2817,
6981289 shall be recodified as Section 2869.5 of Title 63 of the Oklahoma
6991290 Statutes, unless there is created a duplication in numbering.
7001291
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7011318 SECTION 10. RECODIFICATION 63 O.S. 2021, Section 2818,
7021319 shall be recodified as Section 2869.6 of Title 63 of the Oklahoma
7031320 Statutes, unless there is creat ed a duplication in numbering.
704-
7051321 SECTION 11. RECODIFICATION 63 O.S. 2021, Section 2820,
7061322 shall be recodified as Section 2869.7 of Title 63 of the Oklahoma
7071323 Statutes, unless there is created a duplication in numb ering.
708-
7091324 SECTION 12. REPEALER 63 O.S. 2021, Sections 2811, 2812
7101325 and 2813 are hereby repealed.
711-
7121326 SECTION 13. This act shall become effective November 1, 2023.
713- ENR. H. B. NO. 1897 Page 17
714-Passed the House of Representatives the 7th day of March, 2023.
715-
716-
717-
718-
719- Presiding Officer of the House
720- of Representatives
721-
722-
723-
724-Passed the Senate the 18th day of April, 2023.
725-
726-
727-
728-
729- Presiding Officer of the Senate
730-
731-
732-
733-OFFICE OF THE GOVERNOR
734-Received by the Office of the Governor this ____________________
735-day of ___________________, 20_______, at _______ o'clock _______ M.
736-By: _________________________________
737-Approved by the Governor of the State of Oklahoma this _____ ____
738-day of ___________________, 20_______, at _______ o'clock _______ M.
739-
740-
741- _________________________________
742- Governor of the State of Oklahoma
743-
744-OFFICE OF THE SECRETARY OF STATE
745-Received by the Office of the Secretary of State this __________
746-day of ___________________, 20_______, at _______ o'clock _______ M.
747-By: _________________________________
1327+COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
1328+April 6, 2023 - DO PASS