S*0418(Rat #0236, Act #0233 of 2000)  General Bill, By Bryan
 A BILL TO AMEND SECTION 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO SUBSCRIBER CHARGES FOR 911 SERVICES, SO AS TO AUTHORIZE THE BUDGET
 AND CONTROL BOARD, IN ADDITION TO THE COMMERCIAL MOBILE RADIO SERVICE (CMRS)
 EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE, TO CALCULATE THE CMRS 911
 CHARGE FOR EACH CMRS; AND TO AMEND SECTION 23-47-65, RELATING TO THE CMRS
 EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO CLARIFY COMMITTEE
 COMPOSITION, TO INCREASE THE MAXIMUM AMOUNT OF REVENUE THAT MAY BE HELD AND
 DISTRIBUTED FROM THIRTY-NINE PERCENT TO THIRTY-NINE AND EIGHT TENTHS PERCENT
 FOR EXPENSES INCURRED BY PROVIDERS OF 911 SERVICES, AND FROM FIFTY-SEVEN
 PERCENT TO FIFTY-EIGHT AND TWO TENTHS PERCENT FOR FUNDS TO BE UTILIZED BY
 PROVIDERS TO COMPLY WITH FEDERAL REQUIREMENTS, AND TO EXTEND THE EXISTENCE OF
 THE ADVISORY COMMITTEE FROM AUGUST 1, 2001 TO AUGUST 1, 2004.-AMENDED TITLE

   01/28/99  Senate Introduced and read first time SJ-2
   01/28/99  Senate Referred to Committee on Judiciary SJ-2
   04/07/99  Senate Committee report: Favorable with amendment
                     Judiciary SJ-16
   04/08/99  Senate Amended SJ-21
   04/08/99  Senate Read second time SJ-21
   04/08/99  Senate Ordered to third reading with notice of
                     amendments SJ-21
   04/14/99  Senate Read third time and sent to House SJ-14
   04/15/99  House  Introduced and read first time HJ-7
   04/15/99  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-7
   02/09/00  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-2
   02/15/00  House  Requests for debate-Rep(s). Fleming HJ-29
   02/15/00  House  Amended HJ-29
   02/15/00  House  Read second time HJ-32
   02/16/00  House  Read third time and returned to Senate with
                     amendments HJ-18
   02/17/00  Senate Concurred in House amendment and enrolled SJ-83
   03/01/00         Ratified R 236
   03/07/00         Signed By Governor
   03/07/00         Effective date 03/07/00
   03/15/00         Copies available
   05/02/00         Act No. 233

AN ACT TO AMEND SECTION 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSCRIBER CHARGES FOR 911 SERVICES, SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD, IN ADDITION TO THE COMMERCIAL MOBILE RADIO SERVICE (CMRS) EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE, TO CALCULATE THE CMRS 911 CHARGE FOR EACH CMRS; AND TO AMEND SECTION 23-47-65, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO CLARIFY COMMITTEE COMPOSITION, TO INCREASE THE MAXIMUM AMOUNT OF REVENUE THAT MAY BE HELD AND DISTRIBUTED FROM THIRTY-NINE PERCENT TO THIRTY-NINE AND EIGHT-TENTHS PERCENT FOR EXPENSES INCURRED BY PROVIDERS OF 911 SERVICES, AND FROM FIFTY-SEVEN PERCENT TO FIFTY-EIGHT AND TWO-TENTHS PERCENT FOR FUNDS TO BE UTILIZED BY PROVIDERS TO COMPLY WITH FEDERAL REQUIREMENTS, AND TO EXTEND THE EXISTENCE OF THE ADVISORY COMMITTEE FROM AUGUST 1, 2001 TO AUGUST 1, 2004.

Be it enacted by the General Assembly of the State of South Carolina:

Subscriber billing; calculation of 911 service charges

SECTION 1. Section 23-47-50(F) of the 1976 Code is amended to read:

"(F) Fees collected by the service supplier pursuant to this section are not subject to any tax, fee, or assessment, nor are they considered revenue of the service supplier. A monthly CMRS 911 charge is levied for each CMRS connection for which there is a mobile identification number containing an area code assigned to South Carolina by the North American Numbering Plan Administrator. The amount of the levy must be approved annually by the board at a level not to exceed the average monthly telephone (local exchange access facility) 911 charges paid in South Carolina. The board and the committee may calculate the CMRS 911 charge based upon a review of one or more months during the year preceding the calculation of telephone (local exchange access facility) charges paid in South Carolina. The CMRS 911 charge must have uniform application and must be imposed throughout the State; however, trunks or service lines used to supply service to CMRS providers shall not be subject to a CMRS 911 levy. On or before the twentieth day of the second month succeeding each monthly collection of the CMRS 911 charges, every CMRS provider shall file with the Department of Revenue a return under oath, in a form prescribed by the department, showing the total amount of fees collected for the month and, at the same time, shall remit to the department the fees collected for that month. The department shall place the collected fees on deposit with the State Treasurer. The funds collected pursuant to this subsection are not general fund revenue of the State and must be kept by the State Treasurer in a fund separate and apart from the general fund to be expended as provided in Section 23-47-65."

Advisory committee responsibilities

SECTION 2. Section 23-47-65 of the 1976 Code is amended to read:

"Section 23-47-65. (A)(1) The CMRS Emergency Telephone Services Advisory Committee is created to assist the board in carrying out its responsibilities in implementing a wireless enhanced 911 system consistent with FCC Docket Number 94-102. The committee shall be appointed by the Governor and shall consist of: the State Auditor, ex officio; the Director of the Office of Information Resources, Budget and Control Board, ex officio; two employees of CMRS providers licensed to do business in the State; two 911 system employees; and one employee of a telephone (local exchange access facility) service supplier licensed to do business in the State; and one consumer. Local governments and related organizations such as the National Emergency Number Association may recommend PSAP Committee members, and industry representatives may recommend wireline and CMRS committee members to the Governor. There is no expense reimbursement or per diem payment from the fund created by the CMRS surcharge made to members of the committee.

(2) All committee members, except the ex officio members, must be appointed for a three-year term by the Governor. Committee members may be appointed to one subsequent term.

(3) In the event a vacancy arises, it must be filled for the remainder of the term in the manner of the original appointment. A partial term does not count toward the term limits; however, service for three-fourths or more of a term constitutes service for a term.

(4) Any committee member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the committee; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds.

(5) The committee shall establish its own procedures with respect to the selection of officers, quorum, place, and conduct of meetings.

(B) The responsibilities of the committee with respect to CMRS emergency telephone services are to:

(1) advise the board on technical issues regarding the implementation of a wireless E 911 system, especially matters concerning appropriate systems and equipment to be acquired by CMRS providers and PSAPs to assure the compatibility of the systems and equipment and the ability of the systems and equipment to comply with the requirements of FCC Docket Number 94-102;

(2) recommend systems and equipment for which reimbursement may be allowed to CMRS providers and PSAPs under the provisions of this chapter, which are compatible with each other as needed for the public's safety, and will not result in wasteful spending on inappropriate or redundant technology.

(C) The responsibilities of the board with respect to CMRS emergency telephone services are to:

(1) direct the State Treasurer in the management and disbursal of the funds in and from an interest-bearing account in the following manner:

(a) hold and distribute not more than thirty-nine and eight-tenths percent of the total monthly revenues in the interest-bearing account to PSAP administrators based on CMRS 911 call volume for expenses incurred for the answering, routing, and proper disposition of CMRS 911 calls;

(b) hold and distribute not more than fifty-eight and two-tenths percent of the total monthly revenues in the interest-bearing account solely for the purposes of complying with applicable requirements of FCC Docket Number 94-102. These funds may be utilized by the PSAP and the CMRS providers licensed to do business in this State for the following purposes in connection with compliance with the FCC requirements: upgrading, acquiring, maintaining, programming, and installing necessary data, hardware, and software. Invoices detailing specific expenses for these purposes must be presented to the board in connection with any request for reimbursement, and the request must be approved by the board, upon recommendation of the committee. Any invoices presented to the board for reimbursements of costs not described by this section may be approved only by a unanimous vote of the committee, but in no event shall reimbursement be made for costs unrelated to compliance with applicable requirements of FCC Docket Number 94-102;

(c) hold and distribute not more than two percent of the total monthly revenues in the interest-bearing account to compensate the independent auditor provided for herein and for expenses which the board is authorized to incur by contract, or otherwise, for provision of any administrative, legal, support, or other services to assist the board in fulfilling its responsibilities under this act;

(2) with the State Auditor's Office and the State Treasurer, prepare annual reports outlining fees collected and monies disbursed to PSAP and CMRS providers, and submit annual reports outlining monies disbursed for operations of the board;

(3) retain an independent, private auditor, as provided in the Consolidated Procurement Code, for the purposes of receiving, maintaining, and verifying the accuracy of any proprietary information submitted to the board by CMRS providers or PSAPs, and assisting the committee in its duties, including its annual calculation of the average 911 charges pursuant to Section 23-47-50(f) and in any cost studies it may conduct. Due to the confidential and proprietary nature of the information submitted by CMRS providers, the information may not be released to a party other than the State Auditor and is expressly exempt from disclosure pursuant to Chapter 4 of Title 30. The information collected by the auditor shall only be released in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual CMRS provider;

(4) conduct a cost study to be submitted to the House Ways and Means Committee and Senate Finance Committee one year from the effective date of this section and thereafter at the board's discretion. The board may include any information it considers appropriate to assist the General Assembly in determining whether future legislation is necessary or appropriate, but the report must include information to assist in determining whether to adjust the CMRS 911 charge to reflect actual costs incurred by PSAPs or CMRS providers for compliance with applicable requirements of FCC Docket Number 94-10;

(5) convene the committee and consult with it concerning the performance of the responsibilities assigned to the board and to the committee in this chapter, and the development and maintenance of the state's CMRS emergency telephone services and system;

(6) report as required or suggested by this chapter, promulgate any regulations, and take further actions as are appropriate in implementing it.

(D) The board and committee must:

(1) annually calculate the average 911 charge as provided in Section 23-47-50(F);

(2) take appropriate measures to maintain the confidentiality of the proprietary information described in Section 23-47-65(C)(1)(e). This information may be disclosed to board and committee members only in the event a dispute arises with respect to the board's and committee's discharge of their responsibilities under Section 23-47-65(B)(2) which necessitates such disclosure. The information shall also be exempt from disclosure pursuant to Chapter 4 of Title 30. Members of the board may not disclose the information to any third parties, including their employers;

(3) take appropriate measures to see that all CMRS service suppliers comply with the requirements of Section 23-47-50(F).

(E) CMRS providers are entitled to retain two percent of the fees collected as reimbursement for collection and handling of the CMRS 911 charge.

(F) On August 1, 2004, the committee's existence terminates and all its duties and powers devolve to the board, except that the committee may continue to exist and function upon adoption by the General Assembly of a joint resolution extending its existence past August 1, 2004."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 1st day of March, 2000.

Approved the 7th day of March, 2000.