Download Zipped Enrolled WordPerfect HB0036.ZIP
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 36 Enrolled
Corrected Version
LONG TITLE
General Description:
This bill imposes a fee on wireless and land-based telephones to create a statewide
unified emergency 911 system capable of geographically locating a wireless telephone
user's location in an emergency.
Highlighted Provisions:
This bill:
. creates a 13 cent per month state fee on telephone services for unified statewide
E-911 emergency services;
. provides for the administration, collection, and enforcement of telephone E-911
emergency fees by the State Tax Commission;
. deposits the telephone fees into a restricted account in the General Fund for unified
statewide E-911 emergency services;
. repeals the advisory Utah 911 Committee in the Bureau of Communications in the
Department of Public Safety;
. creates a new state Utah 911 Committee in the Department of Public Safety to
develop state standards for the unified E-911 emergency system and to administer
the fund;
. establishes criteria for the use of the fund to ensure implementation of land-based
and wireless E-911;
. requires the Utah 911 Committee to report annually to the Executive Appropriations
Committee;
. authorizes local governments to increase the local levy on telephone services for 911
emergency services from a maximum of 53 cents per month to a maximum of 65 cents
per month;
. allows exchange carriers some cost recovery for implementing Phase I technology and
collecting and administering the levy;
. reduces the 13 cent state E-911 emergency service fee in 2006 to eight cents;
. sunsets the state imposed fee on July 1, 2011; and
. makes technical changes.
Monies Appropriated in this Bill:
This bill appropriates for fiscal year 2004-05:
. $3.9 million from the Statewide Unified E-911 Emergency Service Fund to the Utah
911 Committee; and
. $250,000 from the Statewide Unified E-911 Emergency Service Fund to the
Automated Geographic Reference Center in the Division of Information Technology
Services.
Other Special Clauses:
This bill takes effect May 3, 2004, except:
. the effect of the local and state fee increase is delayed until July 1, 2004;
. the amount of the state imposed fee is amended on July 1, 2006; and
. the state imposed fee sunsets on July 1, 2011.
Utah Code Sections Affected:
AMENDS:
69-2-5, as last amended by Chapter 253, Laws of Utah 2003
ENACTS:
53-10-601, Utah Code Annotated 1953
53-10-602, Utah Code Annotated 1953
53-10-603, Utah Code Annotated 1953
53-10-604, Utah Code Annotated 1953
53-10-605, Utah Code Annotated 1953
53-10-606, Utah Code Annotated 1953
63-55-269, Utah Code Annotated 1953
69-2-5.6, Utah Code Annotated 1953
REPEALS:
53-10-503, as enacted by Chapter 269, Laws of Utah 2002
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-10-601 is enacted to read:
53-10-601. Utah 911 Committee.
(1) There is created within the division, the Utah 911 Committee consisting of the
following 15 members:
(a) a representative from each of the following primary emergency public safety
answering points:
(i) Salt Lake County;
(ii) Davis County;
(iii) Utah County; and
(iv) Weber County;
(b) four members representing the following primary emergency public safety answering
points:
(i) Bear River Association;
(ii) Uintah Basin Association;
(iii) South East Association;
(iv) Six County Association;
(v) Five County Association; and
(vi) Mountainlands Association, not including Utah County;
(c) the following people with knowledge of technology and equipment that might be
needed for an emergency public safety answering system:
(i) a representative from a local exchange carrier;
(ii) a representative from a rural incumbent local exchange carrier; and
(iii) two representatives from radio communications services as defined in Section 69-2-2 ;
(d) two representatives from the Department of Public Safety, one of whom represents
urban Utah and the other rural Utah; and
(e) a representative from the Division of Information Technology Services.
(2) (a) Each committee member shall be appointed as follows:
(i) a member described in Subsection (1)(a) shall be appointed by the governor from a
nominee or nominees submitted to the governor by the council of government for that member's
county;
(ii) the four members described in Subsection (1)(b) shall be appointed by the governor
from a nominee or nominees submitted to the governor by the associations described in
Subsection (1)(b) as follows;
(A) the six associations shall select by lot, the first four associations to begin the rotation
of membership as required by Subsection (2)(b)(i); and
(B) as each association is represented on the commission in accordance with Subsection
(2)(b)(i), that association shall select the person to represent it on the commission;
(iii) the members described in Subsection (1)(c) shall be appointed by the governor with
the consent of the Senate; and
(iv) the members described in Subsections (1)(d) and (e) shall be appointed by the
governor.
(b) The term of office of each member is four years, except as provided in Subsections
(2)(b)(ii) through (iv).
(i) The representatives from Subsection (1)(b) must rotate to provide each geographic
location at least one representative every four years, except as provided for the initial appointment
under Subsection (2)(b)(ii).
(ii) The associations listed in Subsection (1)(b) shall select by lot, two of its members to
an initial two-year term.
(iii) The governor shall appoint two representatives from Subsection (1)(c) to initial
two-year terms.
(iv) The public service answering points listed in Subsection (1)(a) shall, by lot, select two
members to serve an initial two-year term.
(c) No member of the committee may serve more that two consecutive four-year terms.
(d) Each mid-term vacancy shall be filled for the unexpired term in the same manner as an
appointment under Subsection (2)(a).
(3) (a) Committee members shall elect a chair from their number and establish rules for
the organization and operation of the committee, with the chair rotating among representatives
from Subsections (1)(a), (b), and (d) every year.
(b) Staff services to the committee:
(i) shall be provided by the division; and
(ii) may be provided by local entities through the Utah Association of Counties and the
Utah League of Cities and Towns.
(c) Funding for staff services shall be provided with funds approved by the committee
from those identified under Section 53-10-605 .
(4) (a) No member may receive compensation or benefits for the member's service on the
committee.
(b) A member is not required to give bond for the performance of official duties.
Section 2. Section 53-10-602 is enacted to read:
53-10-602. Committee's duties and powers.
(1) The committee shall:
(a) review and make recommendations to the division, the Bureau of Communications,
public safety answering points, and the Legislature on:
(i) technical and operational issues for the implementation of a unified statewide wireless
and land-based E-911 emergency system;
(ii) specific technology and standards for the implementation of a unified statewide
wireless and land-based E-911 emergency system;
(iii) expenditures by local public service answering points to assure implementation of a
unified statewide wireless and land-based E-911 emergency system and standards of operation;
and
(iv) mapping systems and technology necessary to implement the unified statewide
wireless and land-based E-911 emergency system;
(b) administer the fund as provided in this part;
(c) assist as many local entities as possible, at their request, to implement the
recommendations of the committee; and
(d) fulfill all other duties imposed on the committee by the Legislature by this part.
(2) The committee may sell, lease, or otherwise dispose of equipment or personal
property belonging to the committee, the proceeds from which shall return to the fund.
(3) The committee shall issue the reimbursement allowed under Subsection
53-10-605 (1)(b) provided that:
(a) the reimbursement is based on aggregated cost studies submitted to the committee by
the wireless carriers seeking reimbursement; and
(b) the reimbursement to any one carrier does not exceed 125% of the wireless carrier's
contribution to the fund.
(4) The committee shall adopt rules in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, to administer the fund created in Section 53-10-603 including
rules that establish the criteria, standards, technology, and equipment that a local entity or state
agency must adopt in order to qualify for grants from the fund.
Section 3. Section 53-10-603 is enacted to read:
53-10-603. Creation of Statewide Unified E-911 Emergency Service Fund.
(1) There is created a restricted account in the General Fund entitled the "Statewide
Unified E-911 Emergency Service Fund," or "fund" consisting of:
(a) proceeds from the fee imposed in Section 69-2-5.6 ;
(b) money appropriated or otherwise made available by the Legislature;
(c) proceeds from the levy imposed in Section 69-2-5 , as required by Subsection
69-2-5 (3)(c)(iii); and
(d) contributions of money, property, or equipment from federal agencies, political
subdivisions of the state, persons, or corporations.
(2) The moneys in this fund shall be used exclusively for the following statewide public
purposes:
(a) enhancing public safety as provided in this chapter;
(b) providing a statewide, unified, wireless E-911 service available to public service
answering points; and
(c) providing reimbursement to providers for certain costs associated with Phase 1
wireless E-911 service.
Section 4. Section 53-10-604 is enacted to read:
53-10-604. Committee expenses -- Tax Commission expenses -- Division of Finance
responsibilities.
(1) Committee expenses and the costs of administering grants from the fund, as provided
in Subsection (3), shall be paid from the fund.
(2) (a) The expenses and costs of the State Tax Commission to administer and enforce
the collection of the telephone levy imposed by Section 69-2-5.6 shall be paid from the fund.
(b) (i) The State Tax Commission may charge the fund the administrative costs incurred
in discharging the responsibilities imposed by Section 69-2-5.6 .
(ii) The charges in Subsection (2)(b)(i) may not exceed an amount equal to 1.5% of the
charges imposed under Section 69-2-5.6 .
(3) (a) The Division of Finance shall be responsible for the care, custody, safekeeping,
collection, and accounting for grants issued by the committee under the provisions of Section
53-10-605 .
(b) The Division of Finance may charge the fund the administrative costs incurred in
discharging the responsibilities imposed by Subsection (3)(a).
Section 5. Section 53-10-605 is enacted to read:
53-10-605. Use of money in fund -- Criteria -- Administration.
(1) Subject to an annual legislative appropriation from the fund to:
(a) the committee, the committee shall:
(i) authorize the use of the money in the fund, by grant to a local entity or state agency in
accordance with this Subsection (1) and Subsection (2);
(ii) grant to state agencies and local entities an amount not to exceed the per month fee
levied on telephone services under Section 69-2-5.6 for installation, implementation, and
maintenance of unified, statewide 911 emergency services and technology; and
(iii) in addition to any money under Subsection (1)(a)(ii), grant to counties of the third
through sixth class the amount dedicated for rural assistance, which is at least 3 cents per month
levied on telephone services under Section 69-2-5.6 to:
(A) enhance the 911 emergency services with a focus on areas or counties that do not
have E-911 services; and
(B) where needed, assist the counties, in cooperation with private industry, with the
creation or integration of wireless systems and location technology in rural areas of the state; and
(b) the committee, the committee shall:
(i) include reimbursement to a provider of radio communications service, as defined in
Section 69-2-2 , for costs as provided in Subsections (1)(b)(ii) and (iii);
(ii) an agreement to reimburse costs to a provider of radio communications services must
be a written agreement among the committee, the local public safety answering point and the
carrier; and
(iii) shall include reimbursement to the provider for the cost of design, development, and
implementation of equipment or software necessary to provide Phase I, wireless E-911 service to
public service answering points, provided:
(A) the reimbursement under this Subsection (1)(b) does not exceed the amount allowed
by Subsection 53-10-602 (3);
(B) the provider submits an invoice for the reimbursement to the committee; and
(C) the provider has not been reimbursed by the consumer for the costs submitted to the
committee; and
(c) the state's Automated Geographic Reference Center in the Division of Information
Technology Services, an amount equal to 1 cent per month levied on telephone services under
Section 69-2-5.6 shall be used to enhance and upgrade statewide digital mapping standards.
(2) (a) Beginning July 1, 2007, the committee may not grant the money in the fund to a
local entity unless the local entity is in compliance with Phase I, wireless E-911 service.
(b) Beginning July 1, 2009, the committee may not grant money in the fund to a local
entity unless the local entity is in compliance with Phase II, wireless E-911 service.
(3) A local entity must deposit any money it receives from the committee into a special
emergency telephone service fund in accordance with Subsection 69-2-5 (4).
(4) For purposes of this part, "local entity" means a county, city, town, special district,
local district, or interlocal entity created under Title 11, Chapter 13, Interlocal Cooperation Act.
Section 6. Section 53-10-606 is enacted to read:
53-10-606. Committee to report annually.
(1) The committee shall submit an annual report to the Executive Appropriations
Committee of the Legislature which shall include:
(a) the total aggregate surcharge collected by local entities and the state in the last fiscal
year under Sections 69-2-5 and 69-2-5.6 ;
(b) the amount of each disbursement from the fund;
(c) the recipient of each disbursement and describing the project for which money was
disbursed;
(d) the conditions, if any, placed by the committee on disbursements from the fund;
(e) the planned expenditures from the fund for the next fiscal year;
(f) the amount of any unexpended funds carried forward;
(g) a cost study to guide the Legislature towards necessary adjustments of both the
Statewide Unified E-911 Emergency Service Fund and the monthly emergency services telephone
charge imposed under Section 69-2-5 ; and
(h) a progress report of local government implementation of wireless and land-based
E-911 services including:
(i) a fund balance or balance sheet from each agency maintaining its own emergency
telephone service fund;
(ii) a report from each public safety answering point of annual call activity separating
wireless and land-based 911 call volumes; and
(iii) other relevant justification for ongoing support from the Statewide Unified E-911
Emergency Service Fund.
(2) (a) The committee may request information from a local entity as necessary to prepare
the report required by this section.
(b) A local entity imposing a levy under Section 69-2-5 or receiving a grant under Section
53-10-605 shall provide the information requested pursuant to Subsection (2)(a).
Section 7. Section 63-55-269 is enacted to read:
63-55-269. Repeal dates, Title 69.
Section 69-2-5.6 , Emergency services telephone charge to fund statewide unified E-911
emergency service, is repealed July 1, 2011.
Section 8. Section 69-2-5 is amended to read:
69-2-5. Funding for 911 emergency telephone service.
(1) In providing funding of 911 emergency telephone service, any public agency
establishing a 911 emergency telephone service may:
(a) seek assistance from the federal or state government, to the extent constitutionally
permissible, in the form of loans, advances, grants, subsidies, and otherwise, directly or indirectly;
(b) seek funds appropriated by local governmental taxing authorities for the funding of
public safety agencies; and
(c) seek gifts, donations, or grants from individuals, corporations, or other private
entities.
(2) For purposes of providing funding of 911 emergency telephone service, special
service districts may raise funds as provided in Section 17A-2-1322 and may borrow money and
incur indebtedness as provided in Section 17A-2-1316 .
(3) (a) Except as provided in Subsection (3)(b) and subject to the other provisions of this
Subsection (3) a county, city, or town within which 911 emergency telephone service is provided
may levy monthly an emergency services telephone charge on:
(i) each local exchange service switched access line within the boundaries of the county,
city, or town; and
(ii) each revenue producing radio communications access line with a billing address within
the boundaries of the county, city, or town.
(b) Notwithstanding Subsection (3)(a), an access line provided for public coin telephone
service is exempt from emergency telephone charges.
(c) The amount of the charge levied under this section may not exceed:
(i) [
(ii) [
(iii) 4 cents of the amount of the charge levied under Subsections (3)(c)(i) and (ii), less
the collection costs of the provider and Tax Commission permitted by Subsection (3)(h) and
Subsection 53-10-604 (2)(b), shall be deposited monthly in the statewide unified E-911
Emergency Service Fund created in Section 53-10-603 , for the purposes outlined in that section.
(d) (i) For purposes of this Subsection (3)(d) the following terms shall be defined as
provided in Section 59-12-102 :
(A) "mobile telecommunications service";
(B) "primary place of use";
(C) "service address"; and
(D) "telephone service."
(ii) An access line described in Subsection (3)(a) is considered to be within the boundaries
of a county, city, or town if the telephone services provided over the access line are located within
the county, city, or town:
(A) for purposes of sales and use taxes under Title 59, Chapter 12, Sales and Use Tax
Act; and
(B) determined in accordance with Section 59-12-207 .
(iii) The rate imposed on an access line under this section shall be determined in
accordance with Subsection (3)(d)(iv) if the location of an access line described in Subsection
(3)(a) is determined under Subsection (3)(d)(ii) to be a county, city, or town other than county,
city, or town in which is located:
(A) for telephone service other than mobile telecommunications service, the purchaser's
service address; or
(B) for mobile telecommunications service, the purchaser's primary place of use.
(iv) The rate imposed on an access line under this section shall be the lower of:
(A) the rate imposed by the county, city, or town in which the access line is located under
Subsection (3)(d)(ii); or
(B) the rate imposed by the county, city, or town in which it is located:
(I) for telephone service other than mobile telecommunications service, the purchaser's
service address; or
(II) for mobile telecommunications service, the purchaser's primary place of use.
(e) (i) A county, city, or town shall notify the Public Service Commission of the intent to
levy the charge under this Subsection (3) at least 30 days prior to the effective date of the charge
being levied.
(ii) For purposes of this Subsection (3)(e):
(A) "Annexation" means an annexation to:
(I) a city or town under Title 10, Chapter 2, Part 4, Annexation; or
(II) a county under Title 17, Chapter 2, Annexation to County.
(B) "Annexing area" means an area that is annexed into a county, city, or town.
(iii) (A) If, on or after July 1, 2003, a county, city, or town enacts or repeals a charge
under this section, the enactment or repeal shall take effect:
(I) on the first day of a calendar quarter; and
(II) after a 75-day period beginning on the date the State Tax Commission receives notice
meeting the requirements of Subsection (3)(e)(iii)(B) from the county, city, or town.
(B) The notice described in Subsection (3)(e)(iii)(A) shall state:
(I) that the county, city, or town will enact or repeal a charge under this section;
(II) the statutory authority for the charge described in Subsection (3)(e)(iii)(B)(I); and
(III) the effective date of the charge described in Subsection (3)(e)(iii)(B)(I).
(iv) (A) If, for an annexation that occurs on or after July 1, 2003, the annexation will
result in a change in a charge imposed under this section being imposed in an annexing area, the
change shall take effect:
(I) on the first day of a calendar quarter; and
(II) after a 75-day period beginning on the date the State Tax Commission receives notice
meeting the requirements of Subsection (3)(e)(iv)(B) from the county, city, or town that annexes
the annexing area.
(B) The notice described in Subsection (3)(e)(iv)(A) shall state:
(I) that the annexation described in Subsection (3)(e)(iv)(A) will result in a change in the
charge being imposed under this section for the annexing area;
(II) the statutory authority for the charge described in Subsection (3)(e)(iv)(B)(I); and
(III) the effective date of the charge described in Subsection (3)(e)(iv)(B)(I).
(f) Subject to Subsection (3)(g), an emergency services telephone charge levied under this
section shall:
(i) be billed and collected by the person that provides the:
(A) local exchange service switched access line services; or
(B) radio communications access line services; and
(ii) except for costs retained under Subsection (3)(h), remitted to the State Tax
Commission.
(g) An emergency services telephone charge on a mobile telecommunications service may
be levied, billed, and collected only to the extent permitted by the Mobile Telecommunications
Sourcing Act, 4 U.S.C. Sec. 116 et seq.
(h) The person that bills and collects the charges levied under Subsection (3)(f) may:
(i) bill the charge imposed by this section in combination with the charge levied under
Section 69-2-5.6 as one line item charge; and
(ii) retain an amount not to exceed 1.5% of the levy collected under this section as
reimbursement for the cost of billing, collecting, and remitting the levy.
[
(i) collect, enforce, and administer the charge imposed under this Subsection (3) pursuant
to the same procedures used in the administration, collection, and enforcement of the state sales
and use taxes under:
(A) Title 59, Chapter 1, General Taxation Policies; and
(B) Title 59, Chapter 12, Part 1, Tax Collection, except for Sections 59-12-104 ,
59-12-104.1 , and 59-12-104.2 ;
(ii) transmit monies collected under this Subsection (3):
(A) monthly; and
(B) by electronic funds transfer by the commission to the county, city, or town that
imposes the charge; and
(iii) charge the county, city, or town for the State Tax Commission's services under this
Subsection (3) in an amount:
(A) sufficient to reimburse the State Tax Commission for the cost to the State Tax
Commission in rendering the services; and
(B) that may not exceed an amount equal to 1.5% of the charges imposed under this
Subsection (3).
(4) (a) Any money received by a public agency for the provision of 911 emergency
telephone service shall be deposited in a special emergency telephone service fund.
(b) (i) [
service fund [
costs of establishing, installing, maintaining, and operating a 911 emergency telephone system or
integrating a 911 system into an established public safety dispatch center, including contracting
with the providers of local exchange service, radio communications service, and vendors of
appropriate terminal equipment as necessary to implement the 911 emergency telephone service.
(ii) Revenues derived for the funding of 911 emergency telephone service may only be
used for that portion of costs related to the operation of the 911 emergency telephone system
when such a system is integrated with any public safety dispatch system.
(c) Any unexpended money in the emergency telephone service fund at the end of a fiscal
year does not lapse, and must be carried forward to be used for the purposes described in this
section.
(5) (a) Revenue received by a local entity from an increase in the levy imposed under
Subsection (3) after the 2004 Annual General Session, or from grants from the Utah 911
Committee pursuant to Section 53-10-605 :
(i) shall be deposited into the special emergency telephone service fund described in
Subsection (4)(a); and
(ii) shall only be used for that portion of the costs related to the development and
operation of wireless and land-based enhanced 911 emergency telephone service and the
implementation of wireless E-911 Phase I and Phase II services as provided in Subsection (5)(b).
(b) The costs allowed under Subsection (5)(a)(ii) shall include the public service
answering point's or local entity's costs for:
(i) acquisition, upgrade, modification, maintenance, and operation of public service
answering point equipment capable of receiving E-911 information;
(ii) database development, operation, and maintenance; and
(iii) personnel costs associated with establishing, installing, maintaining, and operating
wireless E-911 Phase I and Phase II services, including training emergency service personnel
regarding receipt and use of E-911 wireless service information and educating consumers
regarding the appropriate and responsible use of E-911 wireless service.
(6) A local entity that increases the levy it imposes under Subsection (3)(c) after the 2004
Annual General Session shall increase the levy to the maximum amount permitted by Subsection
(3)(c).
Section 9. Section 69-2-5.6 is enacted to read:
69-2-5.6. Emergency services telephone charge to fund statewide unified E-911
emergency service.
(1) Subject to Subsection 69-2-5 (3)(g), there is imposed a statewide unified E-911
emergency service charge of 13 cents per month on each local exchange service switched access
line and each revenue producing radio communications access line that is subject to an emergency
services telephone charge levied by a county, city, or town under Section 69-2-5 or 69-2-5.5 .
(2) The emergency services telephone charge imposed under this section shall be:
(a) subject to Subsection 69-2-5 (3)(g);
(b) billed and collected by the person that provides:
(i) local exchange service switched access line services; or
(ii) radio communications access line services;
(c) except for costs retained under Subsection (3), remitted to the State Tax Commission
at the same time as the person remits to the State Tax Commission monies collected by the person
under Title 59, Chapter 12, Sales and Use Tax Act; and
(d) deposited into the Statewide Unified E-911 Emergency Service Fund restricted
account in the General Fund created by Section 53-10-603 .
(3) The person that bills and collects the charges levied by this section pursuant to
Subsections (2)(b) and (c), may:
(a) bill the charge imposed by this section in combination with the charge levied under
Section 69-2-5 as one line item charge; and
(b) retain an amount not to exceed 1.5% of the charges collected under this section as
reimbursement for the cost of billing, collecting, and remitting the levy.
(4) The State Tax Commission shall collect, enforce, and administer the charges imposed
under Subsection (1) pursuant to the same procedures used in the administration, collection, and
enforcement of the emergency services telephone charge to fund the Poison Control Center under
Section 69-2-5.5 .
(5) This section sunsets in accordance with Section 63-55-269 .
Section 10. Repealer.
This bill repeals:
Section 53-10-503, Utah 911 Committee.
Section 11. Appropriation.
There is appropriated:
(1) $3.9 million from the Statewide Unified E-911 Emergency Service Fund for fiscal
year 2004-05, to the Utah 911 Committee for the development of enhanced 911 emergency
services and integrated wireless systems as provided in Section 53-10-605. The appropriation
from the Statewide Unified E-911 Emergency Service Fund is intended to be ongoing, but not of
a fixed dollar amount, as provided in Section 53-10-605; and
(2) $250,000 from the Statewide Unified E-911 Emergency Service Fund for fiscal year
2004-05, to the Automated Geographic Reference Center in the Division of Information
Technology Services to enhance and upgrade the statewide digital mapping standards as provided
in Section 53-10-605 . The appropriation from the Statewide Unified E-911 Emergency Service
Fund is intended to be ongoing, but not of a fixed dollar amount, as provided in Section
53-10-605 .
Section 12. Effective date.
(1) The following sections take effect on July 1, 2004:
(a) Section 69-2-5 ; and
(b) Section 69-2-5.6 .
(2) Effective July 1, 2006, change the statewide unified E-911 emergency service charge
in Subsection 69-2-5.6 (1) from 13 cents per month to 8 cents per month.
[Bill Documents][Bills Directory]