| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 2320, 3132 | PRINTER'S NO. 3802 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SOLOBAY, EVERETT, MELIO, ADOLPH, BEAR, BELFANTI, BRENNAN, BRIGGS, CARROLL, D. COSTA, DALLY, DePASQUALE, DERMODY, DiGIROLAMO, J. EVANS, FARRY, FRANKEL, GEIST, GIBBONS, GINGRICH, GRUCELA, HALUSKA, HARHAI, HARHART, HARKINS, HENNESSEY, HESS, HORNAMAN, JOSEPHS, W. KELLER, KNOWLES, KORTZ, KOTIK, KULA, LEVDANSKY, MANN, MARKOSEK, MARSHALL, MATZIE, McGEEHAN, McILVAINE SMITH, MENSCH, MILLER, MURT, OBERLANDER, M. O'BRIEN, O'NEILL, OLIVER, PASHINSKI, PAYNE, PETRI, PHILLIPS, PICKETT, QUINN, READSHAW, REICHLEY, SABATINA, SANTONI, SEIP, SIPTROTH, K. SMITH, SONNEY, STERN, STURLA, J. TAYLOR, R. TAYLOR, VEREB, VULAKOVICH, WAGNER, WALKO, WHITE, YOUNGBLOOD, YUDICHAK, SAYLOR, GOODMAN AND CALTAGIRONE, JUNE 29, 2009 |
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| SENATOR BAKER, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, IN SENATE, AS AMENDED, MAY 25, 2010 |
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| AN ACT |
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1 | Amending the act of July 9, 1990 (P.L.340, No.78), entitled "An |
2 | act providing for a Statewide emergency telephone number 911 |
3 | system; providing for contributions from telephone |
4 | subscribers; providing a penalty; and making a repeal," |
5 | further providing for definitions and for Wireless E-911 |
6 | Emergency Services Fund; and imposing a prepaid wireless | <-- |
7 | E-911 surcharge; and requiring a study of the Legislative | <-- |
8 | Budget and Finance Committee. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 2 of the act of July 9, 1990 (P.L.340, |
12 | No.78), known as the Public Safety Emergency Telephone Act, |
13 | amended December 30, 2003 (P.L.384, No.56) and July 9, 2008 |
14 | (P.L.948, No.72), is amended to read: |
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1 | Section 2. Definitions. |
2 | The following words and phrases when used in this act shall |
3 | have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | "911 emergency communication system" or "911 system." A |
6 | system, including enhanced 911 service but excluding a wireless |
7 | E-911 system, which permits a person dialing 911 by telephone to |
8 | be connected to a public safety answering point, via normal |
9 | telephone facilities, for the reporting of police, fire, medical |
10 | or other emergency situations. |
11 | ["Active prepaid wireless account." A prepaid wireless |
12 | account that has been used by the customer during the month to |
13 | complete a telephone call for which the customer's card or |
14 | account was reduced.] |
15 | "Advisory committee." The wireless E-911 Emergency Services |
16 | Advisory Committee established in section 11.3. |
17 | "Agency." The Pennsylvania Emergency Management Agency. |
18 | "Associated with Pennsylvania." |
19 | (1) In the case of the mobile telephone number (MTN), |
20 | the geographical location associated with the first six |
21 | digits or NPA/NXX of the MTN; or |
22 | (2) in the case of a customer service address, the |
23 | physical location of the address. |
24 | "Automatic location information" or "ALI." The delivery or |
25 | receipt of the street address of the telephone or the geographic |
26 | location of the wireless device, as specified in the FCC E-911 |
27 | Order, being used to place a call to a 911 system or to a |
28 | wireless E-911 system. |
29 | "Automatic number identification" or "ANI." The delivery or |
30 | receipt of the telephone number assigned to the telephone or |
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1 | wireless device being used to place a call to a 911 system or to |
2 | a wireless E-911 system. |
3 | "Commission." The Pennsylvania Public Utility Commission. |
4 | "Competitive local exchange carrier." A local exchange |
5 | carrier that has been certificated as a competitive local |
6 | exchange carrier by the Pennsylvania Public Utility Commission. |
7 | "Consumer." A person who purchases prepaid wireless |
8 | telecommunications service or a prepaid wireless device in a |
9 | retail transaction. |
10 | "Contribution rate." A fee assessed against a telephone |
11 | subscriber for the nonrecurring costs, maintenance and operating |
12 | costs of a 911 system. Counties of the first through second |
13 | class A may impose a monthly contribution rate in an amount not |
14 | to exceed $1 per line on each local exchange access line. |
15 | Counties of the third through fifth class may impose monthly |
16 | contribution rates in an amount not to exceed $1.25 per line on |
17 | each local exchange access line. Counties of the sixth through |
18 | eighth class may impose a monthly contribution rate in an amount |
19 | not to exceed $1.50 per line on each local exchange access line. |
20 | The contribution rate may be used by counties for the expenses |
21 | of implementing, expanding or upgrading a 911 system. Expenses |
22 | eligible for reimbursement through the contribution rate shall |
23 | include telephone terminal equipment, trunk line service |
24 | installation, network changes, building of initial data base and |
25 | any other nonrecurring costs to establish a 911 system. The |
26 | contribution rate may also be used to fund recurring costs |
27 | pursuant to section 8(b). Expenses not eligible for |
28 | reimbursement through the contribution rate shall include |
29 | purchase of real estate, cosmetic remodeling, central office |
30 | upgrades, hiring of dispatchers, ambulances, fire engines or |
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1 | other emergency vehicles, utilities, taxes and other expenses as |
2 | determined by the Pennsylvania Emergency Management Agency. |
3 | "Council." The Pennsylvania Emergency Management Council. |
4 | "County." The term shall include a city of the first class |
5 | coterminous with a county. |
6 | "County plan." A document submitted by the county on a |
7 | triennial basis to the Pennsylvania Emergency Management Agency, |
8 | outlining its proposed and existing wireline and wireless 911 |
9 | and enhanced 911 systems and procedures, including a |
10 | contribution rate, for the forthcoming three years. |
11 | "Emergency notification services." Services provided by |
12 | authorized agencies of Federal, State, county or local |
13 | governments, or by persons authorized by such governments, that |
14 | notify the public, using ANI/ALI data base information, of |
15 | emergencies declared by such governments. |
16 | "Emergency support services." Information or data base |
17 | management services provided by authorized agencies of Federal, |
18 | State, county or local governments, or by persons authorized by |
19 | such governments, that are used in support of PSAPs or emergency |
20 | notification services. |
21 | "Enhanced 911 service" or "E-911." Emergency telephone |
22 | service providing for automatic identification of caller |
23 | location and calling number. |
24 | "FCC E-911 Order." All orders issued by the Federal |
25 | Communications Commission pursuant to the proceeding entitled |
26 | "Revision of the Commission's Rules to Ensure Compatibility with |
27 | Enhanced 911 Emergency Calling Systems" (CC Docket No. 94-102) |
28 | codified at 47 CFR 20.18 (relating to 911 Service), any |
29 | successor proceeding and any other FCC order that affects the |
30 | provision of wireless E-911 service to wireless service |
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1 | customers. |
2 | "Fund." The Wireless E-911 Emergency Services Fund |
3 | established in section 11.4. |
4 | "Interconnected Voice over Internet Protocol service |
5 | customer" or "VoIP service customer." A person who is billed by |
6 | an interconnected Voice over Internet Protocol provider, is the |
7 | end user of VoIP service and who has designated a primary place |
8 | of use within this Commonwealth. |
9 | "Interconnected Voice over Internet Protocol provider" or |
10 | "VoIP provider." A person engaged in the business of providing |
11 | VoIP service to end-use customers in this Commonwealth, |
12 | including resellers. |
13 | "Interconnected Voice over Internet Protocol service" or |
14 | "VoIP service." Service as defined by all orders issued by the |
15 | Federal Communications Commission pursuant to the proceeding |
16 | entitled "IP-Enabled Services", (WC Docket No. 04-36; FCC |
17 | 05-116), codified at 47 CFR Part 9 (relating to interconnected |
18 | Voice over Internet Protocol services), any successor proceeding |
19 | and any other FCC order that affects the provision of 911 |
20 | service or E-911 service to VoIP service customers or further |
21 | defines interconnected Voice over Internet Protocol service. |
22 | "Interexchange carrier." A person that is authorized by the |
23 | Pennsylvania Public Utility Commission to provide long-distance |
24 | telecommunications service. |
25 | "Local exchange carrier." A person, including a competitive |
26 | local exchange carrier, that is authorized by the Pennsylvania |
27 | Public Utility Commission to provide local exchange |
28 | telecommunications service or exchange access. |
29 | "Local exchange telephone service." The provision of |
30 | telephonic message transmission within an exchange, as such is |
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1 | defined and described in tariffs filed with and approved by the |
2 | commission. |
3 | "Mobile telephone number" or "MTN." The telephone number |
4 | assigned to a wireless telephone at the time of initial |
5 | activation. |
6 | "NPA-NXX." The first six digits of a ten-digit telephone |
7 | number, including a mobile telephone number, representing the |
8 | area code and exchange of the telephone number. |
9 | "Person." The term includes a corporation, a partnership, an |
10 | association, the Federal Government, the State government, a |
11 | political subdivision, a municipal or other local authority, as |
12 | well as a natural person. |
13 | "Prepaid wireless device." A wireless telephone that is |
14 | purchased strictly for the purpose of initiating a prepaid |
15 | calling service and does not include traditional wireless |
16 | devices used for monthly calling plans. |
17 | "Prepaid wireless E-911 surcharge." The charge that is |
18 | required to be collected by a seller from a consumer in the |
19 | amount established under section 11.4(b.1). |
20 | "Prepaid wireless provider." A person that provides prepaid |
21 | wireless telecommunications service pursuant to a license issued |
22 | by the Federal Communications Commission. |
23 | "Prepaid wireless [telephone] telecommunications service." A |
24 | wireless [telephone service which is activated in advance by |
25 | payment of a finite dollar amount or for a finite set of minutes |
26 | and which, unless an additional finite dollar amount or finite |
27 | set of minutes is paid in advance, terminates either upon use by |
28 | a customer and delivery by the wireless carrier of an agreed- |
29 | upon amount of service corresponding to the total dollar amount |
30 | paid in advance or within a certain period of time following |
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1 | initial purchase or activation] telecommunications service that |
2 | allows a caller to dial 911 to access the 911 system, which |
3 | service must be paid for in advance and is sold in predetermined |
4 | units or dollars of which the number may or may not decline with |
5 | use in a known amount. |
6 | "Primary place of use." The street address representative of |
7 | where the customer's use of the VoIP service primarily occurs. |
8 | For the purpose of VoIP 911 fees, primary place of use is the |
9 | customer's registered location on the date the customer is |
10 | billed. |
11 | "Public agency." The Commonwealth or a political |
12 | subdivision, public authority, municipal authority or any |
13 | organization located in whole or in part within this |
14 | Commonwealth which provides or has the authority to provide |
15 | firefighting, law enforcement, ambulance, emergency medical or |
16 | other emergency services. |
17 | "Public safety answering point" or "PSAP." The agency- |
18 | approved first point at which calls for emergency assistance |
19 | from individuals are answered, operated 24 hours a day. |
20 | "Retail transaction." The purchase of prepaid wireless |
21 | telecommunications service or a prepaid wireless device from a |
22 | seller for any purpose other than resale. |
23 | "Seller." A person who sells prepaid wireless |
24 | telecommunications service or a prepaid wireless device to |
25 | another person. |
26 | ["Sufficient positive balance." A dollar amount greater than |
27 | or equal to the monthly wireless surcharge amount.] |
28 | "Telecommunications carrier." Any provider of |
29 | telecommunications services as defined by the Telecommunications |
30 | Act of 1996 (Public Law 104-104, 110 Stat. 56). |
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1 | "Telephone subscriber." A person who contracts with a local |
2 | exchange carrier within this Commonwealth for local exchange |
3 | telephone service, either residential or commercial. When the |
4 | same person has several telephone dial tone access lines, each |
5 | dial tone access line shall constitute a separate subscription. |
6 | For purposes of the contribution rate, the term shall not |
7 | include pay stations owned or operated by a regulated public |
8 | utility, or nonpublic utilities as the term is used in 66 |
9 | Pa.C.S. § 2913(b) (relating to minimum service requirement). |
10 | "Vendor." A person other than a local exchange carrier or a |
11 | wireless provider who supplies 911 or wireless E-911 system |
12 | services or equipment. |
13 | "Wireless E-911 service." Service provided by a wireless |
14 | provider, pursuant to the FCC E-911 Order. |
15 | "Wireless E-911 State plan." A document to be prepared, |
16 | maintained and kept current by the Pennsylvania Emergency |
17 | Management Agency providing for all aspects of the development, |
18 | implementation, operation and maintenance of a Statewide |
19 | integrated wireless E-911 system, including the exclusive |
20 | authority to formulate technical standards and determine |
21 | permitted uses of and amounts disbursed from the Wireless E-911 |
22 | Emergency Services Fund established by section 11.4(a). |
23 | "Wireless E-911 surcharge." A monthly fee assessed upon each |
24 | wireless service customer, other than a prepaid wireless seller, |
25 | provider or consumer subject to the prepaid wireless E-911 |
26 | surcharge under section 11.4(b.1), for each wireless two-way |
27 | communication device for which that customer is charged by a |
28 | wireless provider for wireless service. |
29 | "Wireless E-911 system." An E-911 system which permits |
30 | wireless service customers dialing 911 to be connected to a |
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1 | public safety answering point for the reporting of police, fire, |
2 | medical or other emergency situations. |
3 | "Wireless provider." A person engaged in the business of |
4 | providing wireless service to end-use customers in this |
5 | Commonwealth, including resellers. |
6 | "Wireless service." Commercial mobile radio service as |
7 | defined under section 332(d) of the Communications Act of 1934 |
8 | (47 U.S.C. § 332(d)) and which provides real-time, two-way voice |
9 | service that is interconnected with the public switched |
10 | telephone network. |
11 | "Wireless service customer." A person who is billed by a |
12 | wireless provider or who receives prepaid wireless telephone |
13 | service from a wireless provider for wireless service within |
14 | this Commonwealth. |
15 | Section 2. Section 11.4(a) and (b) of the act, added |
16 | December 30, 2003 (P.L.384, No.56), are amended and the section |
17 | is amended by adding a subsection to read: |
18 | Section 11.4. Wireless E-911 Emergency Services Fund. |
19 | (a) Establishment of fund.--There is hereby established in |
20 | the State Treasury a nonlapsing restricted interest-bearing |
21 | account to be known as the Wireless E-911 Emergency Services |
22 | Fund. The fund shall consist of the fees collected under |
23 | [subsection (b)] subsections (b) and (b.1), funds appropriated |
24 | by the General Assembly and of funds from any other source, |
25 | private or public. Moneys in the fund and the interest it |
26 | accrues is hereby appropriated to the Pennsylvania Emergency |
27 | Management Agency to be disbursed by the agency. The moneys in |
28 | the fund shall be used only for the following costs: |
29 | (1) PSAP and wireless provider costs resulting from |
30 | compliance with the FCC E-911 Order, including development, |
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1 | implementation and testing, operation and maintenance of a |
2 | Statewide integrated wireless E-911 system. Costs paid from |
3 | the fund must be eligible recurring or nonrecurring costs as |
4 | determined by the agency in accordance with sections 11.2(a) |
5 | and 11.5 for wireless E-911 service provided in accordance |
6 | with the FCC E-911 Order or a county plan or amended county |
7 | plan approved by the agency. |
8 | (2) The agency-approved costs of PSAPs specified in |
9 | section 8(b) that relate directly or indirectly to the |
10 | provision of wireless E-911 service, to the extent: |
11 | (i) the costs are not included in the costs paid |
12 | under section 11.4(a)(1) and the approved E-911 costs |
13 | provided in section 11.4(a)(1) have been reimbursed; and |
14 | (ii) the costs do not exceed the percentage of the |
15 | actual ratio of demonstrated wireless calls to |
16 | demonstrated total emergency call volume times the amount |
17 | of money in the fund, and further: |
18 | (A) the amount of the costs that may be |
19 | reimbursed is limited to 25% of the fund if a |
20 | majority of wireless providers serving the geographic |
21 | area covered by the PSAP have been tested and |
22 | accepted by the PSAP for wireless E-911 Phase I |
23 | service; |
24 | (B) the amount of the costs that may be |
25 | reimbursed is limited to 50% of the fund if all of |
26 | the wireless providers serving the geographic area |
27 | covered by the PSAP have been tested and accepted by |
28 | the PSAP for wireless E-911 Phase I service; |
29 | (C) the amount of the costs that may be |
30 | reimbursed is limited to 75% of the fund if a |
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1 | majority of wireless providers serving the geographic |
2 | area covered by the PSAP have been tested and |
3 | accepted by the PSAP for wireless E-911 Phase II |
4 | service; and |
5 | (D) the amount of the costs that may be |
6 | reimbursed is limited to 100% of the fund if all of |
7 | the wireless providers serving the geographic area |
8 | covered by the PSAP have been tested and accepted by |
9 | the PSAP for wireless E-911 Phase II service. |
10 | In the event that, pursuant to an FCC E-911 waiver, a wireless |
11 | provider is temporarily relieved of its obligation to provide |
12 | wireless E-911 Phase II service in the geographic area covered |
13 | by a requesting PSAP, such wireless carrier shall be disregarded |
14 | in the determinations to be made pursuant to subparagraphs (iii) |
15 | and (iv) until such time as the wireless carrier's obligation to |
16 | provide wireless E-911 Phase II service again becomes effective. |
17 | (b) Wireless E-911 surcharge.--Each wireless service |
18 | customer shall pay a fee, to be known as a wireless E-911 |
19 | surcharge, in an amount of $1 per month for each device that |
20 | provides wireless service for which that customer is billed by a |
21 | wireless provider for wireless service [or receives prepaid |
22 | wireless telephone service from a wireless provider]. Such fee |
23 | shall be collected apart from and in addition to any fee levied |
24 | by the wireless provider in whole or in part for the provision |
25 | of 911 services. |
26 | (1) Wireless providers shall collect the fee on behalf |
27 | of the agency as part of their billing process and shall have |
28 | no obligation to take any legal action to enforce the |
29 | collection of the surcharge. Such action may be brought by or |
30 | on behalf of the agency. Annually, upon written request of |
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1 | the agency, each wireless provider shall provide a list of |
2 | the names and addresses of those wireless service customers |
3 | carrying a balance that have failed to pay the wireless E-911 |
4 | surcharge. The wireless provider shall not be liable for such |
5 | unpaid amounts. |
6 | (2) If a wireless provider receives a partial payment |
7 | for a monthly bill from a wireless service customer, the |
8 | wireless provider shall apply the payment against the amount |
9 | the wireless service customer owes the wireless provider |
10 | first and shall remit to the State Treasurer such lesser |
11 | amount, if any, as shall result therefrom. |
12 | (3) The fees collected under this subsection shall not |
13 | be subject to taxes or charges levied by the Commonwealth or |
14 | any political subdivision of this Commonwealth, nor shall |
15 | such fees be considered revenue of the wireless provider for |
16 | any purpose. |
17 | [(4) In the case of prepaid wireless telephone service, |
18 | the monthly wireless 911 surcharge imposed by this section |
19 | shall be remitted based upon each prepaid wireless account in |
20 | any manner consistent with the provider's existing operating |
21 | or technological abilities, such as customer address, |
22 | location associated with the MTN, or reasonable allocation |
23 | method based upon other comparable relevant data and |
24 | associated with Pennsylvania, for each wireless customer with |
25 | an active prepaid wireless account and has a sufficient |
26 | positive balance as of the last day of each month, if such |
27 | information is available.] |
28 | (4) The provisions of this subsection shall not apply to |
29 | sellers, providers or consumers of prepaid wireless |
30 | telecommunications service. |
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1 | (b.1) Prepaid wireless E-911 surcharge.-- |
2 | (1) There is hereby imposed a prepaid wireless E-911 |
3 | surcharge of $1 per retail transaction or the adjusted |
4 | surcharge, if any, established under paragraph (5). The $1 |
5 | surcharge shall be applied to the cost of each retail |
6 | transaction regardless of whether the service or prepaid |
7 | wireless device was purchased in person, by telephone, |
8 | through the Internet or by any other method. |
9 | (2) A prepaid wireless E-911 surcharge shall be |
10 | collected by the seller from the consumer for each retail |
11 | transaction occurring in this Commonwealth. The amount of the |
12 | prepaid wireless E-911 surcharge shall be either separately |
13 | stated on an invoice, receipt or other similar document that |
14 | is provided to the consumer by the seller or otherwise |
15 | disclosed to the consumer. A retail transaction that is |
16 | effected in person by a consumer at a business location of |
17 | the seller shall be treated as occurring in this Commonwealth |
18 | if that business location is in this Commonwealth, and any |
19 | other retail transaction shall be treated as occurring in |
20 | this Commonwealth if the retail transaction is treated as |
21 | occurring in this Commonwealth for the purposes of section |
22 | 202(e.1) of the act of March 4, 1971 (P.L.6, No.2), known as |
23 | the Tax Reform Code of 1971. |
24 | (3) A prepaid wireless E-911 surcharge is a liability of |
25 | the consumer and not of the seller or any provider, except |
26 | that the seller shall be liable to remit all prepaid wireless |
27 | E-911 surcharges that the seller collects from consumers as |
28 | provided under paragraph (6), including all charges that the |
29 | seller is deemed to collect where the amount of the surcharge |
30 | has not been separately stated in an invoice, receipt or |
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1 | other similar document provided to the consumer by the |
2 | seller. |
3 | (4) The amount of the prepaid wireless E-911 surcharge |
4 | that is collected by a seller from a consumer, whether or not |
5 | the amount is separately stated on an invoice, receipt or |
6 | similar document provided to the consumer by the seller, |
7 | shall not be included in the base for measuring any tax, fee, |
8 | surcharge or other charge that is imposed by the |
9 | Commonwealth, a political subdivision or an intergovernmental |
10 | agency. |
11 | (5) The prepaid wireless E-911 surcharge shall be |
12 | proportionately increased or reduced, as applicable, upon any |
13 | change to the wireless E-911 surcharge imposed under |
14 | subsection (b). The increase or reduction shall be effective |
15 | on the effective date of the change to the surcharge imposed |
16 | under subsection (b) or, if later, the first day of the first |
17 | calendar month to occur at least 60 days after the effective |
18 | date of the change to the surcharge imposed under subsection |
19 | (b). The Department of Revenue shall provide not less than 30 |
20 | days' notice of an increase or reduction on its public |
21 | website. |
22 | (6) Prepaid wireless E-911 surcharges collected by a |
23 | seller shall be remitted to the Department of Revenue at the |
24 | times provided under Article II of the Tax Reform Code of |
25 | 1971 with respect to sales and use tax. The Department of |
26 | Revenue shall establish payment procedures that substantially |
27 | coincide with the payment procedures of Article II of the Tax |
28 | Reform Code of 1971, except the department may require the |
29 | filing of returns and the payment of the surcharge by |
30 | electronic means. |
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1 | (7) During the first 180 days after the effective date |
2 | of this section, a seller may deduct and retain 25% of the |
3 | prepaid wireless surcharges collected by the seller from |
4 | consumers for direct start-up costs. After such |
5 | implementation period, a seller may deduct and retain up to |
6 | 3% of prepaid wireless E-911 surcharges that are collected by |
7 | the seller from consumers for administrative purposes. |
8 | (8) The assessment, audit, appeal, collection and |
9 | enforcement procedures and any other pertinent provisions |
10 | applicable to the sales and use tax imposed under Article II |
11 | of the Tax Reform Code of 1971 shall apply to prepaid |
12 | wireless E-911 surcharges. |
13 | (9) The Department of Revenue shall establish procedures |
14 | by which a seller of prepaid wireless telecommunications |
15 | service may document that a sale is not a retail transaction, |
16 | which procedures shall substantially coincide with the |
17 | procedures for documenting sale for resale transactions for |
18 | sales and use tax purposes under Article II of the Tax Reform |
19 | Code of 1971. |
20 | (10) The Department of Revenue shall pay all remitted |
21 | prepaid wireless E-911 surcharges to the State Treasurer for |
22 | deposit into the fund within 30 days of receipt, for use as |
23 | provided in this act. During the first 180 days after the | <-- |
24 | effective date of this section, the Department of Revenue may |
25 | retain 25% of the remitted surcharges for direct start-up |
26 | costs. After the implementation period, the The department | <-- |
27 | may retain up to 2% of remitted surcharges to pay for agency |
28 | expenses directly related to the costs of administering the |
29 | collection and remittance of prepaid wireless E-911 |
30 | surcharges. |
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1 | (11) The provisions of section 11.9 shall apply to |
2 | providers and sellers of prepaid wireless telecommunications |
3 | service. |
4 | (12) The prepaid wireless E-911 surcharge shall be the |
5 | only E-911 funding obligation imposed with respect to prepaid |
6 | wireless telecommunications service in this Commonwealth. No |
7 | tax, fee, surcharge or other charge may be imposed by the |
8 | Commonwealth, a political subdivision or an intergovernmental |
9 | agency for E-911 funding purposes, on any provider, seller or |
10 | consumer with respect to the sale, purchase, use or provision |
11 | of prepaid wireless telecommunications service. |
12 | * * * |
13 | Section 3. The act is amended by adding a section to read: | <-- |
14 | Section 12.1. Legislative study. |
15 | (a) Requirement.--The Legislative Budget and Finance |
16 | Committee shall study the 911 and wireless E-911 funding system |
17 | under section 11.4. In conducting the study, the committee shall |
18 | consider cost-benefit analyses to determine the cost |
19 | effectiveness of the systems both within the agency and the |
20 | counties. At a minimum, the committee shall inquire into and |
21 | make recommendations with respect to: |
22 | (1) The efficacy by which the contribution rate, the |
23 | wireless E-911 surcharge and the prepaid wireless E-911 |
24 | surcharge are collected and remitted for intended purposes |
25 | set forth in this act. |
26 | (2) The expenditures authorized for payment from a |
27 | county's restricted account for the purposes of nonrecurring |
28 | and recurring charges billed for the 911 system. |
29 | (3) Disbursements made by the agency from the fund. |
30 | (4) The method and amount of funding collected through |
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1 | the contribution rate, the wireless E-911 surcharge and the |
2 | prepaid wireless E-911 surcharge in comparison to 911 and |
3 | wireless E-911 funding systems utilized in other states. |
4 | (5) The feasibility and effectiveness of consolidating |
5 | public safety answering points in this Commonwealth. |
6 | (6) Any other cost-saving measures that may be utilized |
7 | by the public safety answering points or the agency which |
8 | will not jeopardize public safety. |
9 | (7) National initiatives being considered or implemented |
10 | in other states intended to provide cost savings in 911 |
11 | systems without impacting public safety. |
12 | (8) A review of the current auditing requirements of |
13 | State and county 911 expenditures under this act. |
14 | (9) The issues the Commonwealth will need to consider in |
15 | incorporating "Next Generation 911" and other nontraditional |
16 | communication technologies into its emergency response |
17 | system. |
18 | (10) Any technology-neutral 911 funding options by |
19 | either the Commonwealth or political subdivisions which do |
20 | not rely on disparate technologies, fee amounts and grant |
21 | structures. |
22 | (b) Report.--The committee shall submit a final report with |
23 | recommendations to the Secretary of the Senate and the Chief |
24 | Clerk of the House of Representatives by January 4, 2011, and |
25 | shall transmit a copy of the final report to the Legislative |
26 | Reference Bureau for publication in the Pennsylvania Bulletin |
27 | within 30 days of the submission of the final report. |
28 | Section 3. This act shall take effect October 1, 2010. | <-- |
29 | Section 4. This act shall take effect as follows: | <-- |
30 | (1) The following provisions shall take effect |
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1 | immediately: |
2 | (i) The addition of section 12.1 of the act. |
3 | (ii) This section. |
4 | (2) The remainder of this act shall take effect January |
5 | 1, 2011. | <-- |
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