Regular Session 2023-2024 House Bill 1305 P.N. 1427

PRINTER'S NO. 1427

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1305

Session of

2023

INTRODUCED BY KINSEY, MADDEN, SCHLOSSBERG, DELLOSO, SOLOMON,

HILL-EVANS, HOHENSTEIN, O'MARA, BURGOS, T. DAVIS AND

INNAMORATO, JUNE 2, 2023

REFERRED TO COMMITTEE ON HUMAN SERVICES, JUNE 2, 2023

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," providing for behavioral

health crisis intervention; and establishing the 988 Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 13, 1967 (P.L.31, No.21), known

as the Human Services Code, is amended by adding an article to

read:

ARTICLE XI-A

BEHAVIORAL HEALTH CRISIS INTERVENTION

Section 1101-A. Definitions.

"Commercial mobile service." As defined under 47 U.S.C. §

332(d) (relating to mobile services).

"Consumer." A person who purchases a prepaid wireless

telecommunications service or a prepaid wireless device in a

retail transaction.

"Fund." The 988 Fund established under section 1103-A.

"Provider." A person who provides a communication service to

the public for a fee that includes a local exchange carrier, a

wireless provider, a prepaid wireless provider or a VoIP

provider as that term is defined in 35 Pa.C.S. § 5302 (relating

to definitions).

"Retail transaction." As defined in 35 Pa.C.S. § 5302.

"Seller." A person who sells prepaid wireless

telecommunications service or a prepaid wireless device bundled

with prepaid wireless telecommunications service to another

person.

"Subscriber." The following:

(1) A person who contracts with and is billed by a

provider in this Commonwealth for a communications service.

(2) In the case of wireless service, a person who

contracts with a provider if the person's place of primary

use is in this Commonwealth.

Section 1102-A. 988 surcharge.

(a) Imposition.--A surcharge shall be assessed Statewide on

each consumer and subscriber for every commercial mobile service

or IP-enabled voice service for which the subscriber or consumer

is billed by a provider or seller. The amount of the surcharge

shall be as follows:

(1) Beginning January 1, 2024, a surcharge of 6¢.

(2) Beginning January 1, 2025, and each year thereafter,

the surcharge shall be increased by a percentage equal to the

percentage change in the Consumer Price Index for All Urban

Consumers (CPI-U) statistics published by the United States

Department of Labor, Bureau of Labor Statistics. Any increase

shall be rounded up to the nearest 1¢. The percentage change

shall be determined by a comparison of the figure for the

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most recent June for which numbers are available, with that

of the previous June figure. If the Consumer Price Index

declines for a given period, the surcharge amount shall be

unchanged for that year. The department shall, within 10 days

following the determination, transmit a notice of the

determination to the Legislative Reference Bureau for

publication in the next available issue of the Pennsylvania

Bulletin.

(b) Collection and remittance of surcharge by sellers.--

(1) The surcharge shall be collected by the seller from

the consumer for each retail transaction occurring in this

Commonwealth.

(2) The surcharge shall be applied to the cost of each

retail transaction regardless of whether the retail

transaction occurred in person, by telephone, through the

Internet or by any other method. A retail transaction that is

conducted in person by a consumer at a business location of

the seller shall be treated as occurring in this Commonwealth

if that business location is in this Commonwealth. Any other

retail transaction shall be treated as occurring in this

Commonwealth if the retail transaction is treated as

occurring in this Commonwealth under section 202(e.1) of the

act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform

Code of 1971 .

(3) The surcharge shall be either separately stated on

an invoice, receipt or other similar document that is

provided to the consumer by the seller or otherwise

conspicuously disclosed to the consumer by the seller.

(4) The surcharge is a liability of the consumer and not

of the seller or any provider, except that the seller shall

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be liable to remit any surcharge collected from a consumer as

provided under paragraph (6), including the charges that the

seller is deemed to collect if the amount of the surcharge

has not been separately stated on an invoice, receipt or

other similar document provided to the consumer by the

seller.

(5) The amount of the surcharge that is collected by a

seller from a consumer, whether or not the amount is

separately stated on an invoice, receipt or similar document

provided to the consumer by the seller, may not be included

in the base for measuring a tax, fee, surcharge or other

charge that is imposed by the Commonwealth, a political

subdivision or an intergovernmental agency.

(6) The surcharges collected by a seller, less 1.5% that

may be retained by the seller to cover administrative costs,

shall be remitted quarterly to the State Treasurer for

deposit into the fund.

(7) The surcharge shall not be considered revenue of any

seller.

(8) Each seller that remits the surcharge shall certify

the accuracy of the remittance annually using procedures and

forms as determined by the department.

(1) A provider shall assess and collect the surcharge

monthly from each subscriber and forward the collection

monthly to the State Treasurer for deposit into the fund.

(2) The surcharge shall be stated separately in the

subscriber billing.

(3) Each provider that remits the surcharge shall

certify the accuracy of the remittance annually using

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procedures and forms as determined by the department.

(4) Each provider collecting the surcharge may retain an

amount not to exceed 1% of the gross receipts of surcharges

collected as reimbursement for actual administrative costs.

(5) A provider shall have no obligation to take legal

action to enforce the collection of the surcharge and shall

not be liable for unpaid amounts.

(6) If the provider receives a partial payment for a

monthly bill from a subscriber, the provider shall apply the

payment against the amount the subscriber owes the provider

first and shall remit to the State Treasurer the lesser

amount, if any, resulting from the application.

(7) The surcharge may not be any of the following:

(i) Subject to taxes or charges levied by the

Commonwealth or a political subdivision of the

Commonwealth or an intergovernmental agency on a provider

or subscriber with respect to the sale, purchase, use or

provision of a communication service.

(ii) Considered revenue of the provider.

(iii) Applicable to local exchange carriers.

Section 1103-A. 988 Fund.

(a) Establishment.--The 988 Fund is established as a

separate fund in the State Treasury. The money in the fund is

appropriated on a continuing basis to the department for the

purposes under subsection (c)(1).

(b) Composition of fund.--The following money shall be

deposited into the fund:

(1) The surcharge remitted under section 1102-A.

(2) Any money appropriated by the General Assembly.

(3) Money from any other public or private source.

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(4) Interest accrued by the fund.

(1) shall only be used for suicide prevention and

behavioral health services under 47 U.S.C. § 251a (relating

to state authority over fees) and its implementing

regulations or successor acts; and

(2) may not be transferred to any other fund or account

for any other purpose.

Section 2. This act shall take effect in 90 days.

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