H 4240 Session 116 (2005-2006) H 4240 General Bill, By Sandifer, Cato and Vaughn
Indicates New Matter COMMITTEE REPORT April 5, 2006 H. 4240
S. Printed 4/5/06--H. Read the first time May 31, 2005.
To whom was referred a Bill (H. 4240) to amend Section 23-47-10, as amended, Code of Laws of South Carolina, 1976, relating to definition of terms regarding the Public Safety Communications Center, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass: HARRY F. CATO for Committee.
TO AMEND SECTION 23-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS REGARDING THE PUBLIC SAFETY COMMUNICATIONS CENTER, SO AS TO REVISE THE DEFINITION OF THE TERM "COMMITTEE"; AND TO AMEND SECTION 23-47-65, AS AMENDED, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REENACT THE SECTION ESTABLISHING THE COMMITTEE AND MAKE IT PERMANENT, TO REVISE THE NAME OF THE COMMITTEE, TO REMOVE THE STATE AUDITOR AND THE DIRECTOR OF THE OFFICE OF INFORMATION RESOURCES AS MEMBERS OF THIS COMMITTEE, TO INCLUDE A DIVISION DIRECTOR OF THE BUDGET AND CONTROL BOARD AS A MEMBER OF THE BOARD, TO ELIMINATE TERM LIMITS APPLICABLE TO COMMITTEE MEMBERS, TO MAKE TECHNICAL CHANGES, AND TO MAKE CONFORMING AMENDMENTS. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 23-47-10(11) of the 1976 Code, as last amended by Act 399 of 1998, is further amended to read:
"(11) 'Committee' means the SECTION 2. Section 23-47-65 of the 1976 Code, as last amended by Act 233 of 2000, is further amended to read:
"Section 23-47-65(A)(1) The
(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
(3) (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
(1) advise the board on technical issues regarding the implementation of (2) recommend systems and equipment for which reimbursement may be allowed to CMRS providers and PSAP's 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 and 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
(2) with
(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 PSAP's, and assisting the committee in its duties, including its annual calculation of the average 911 charges pursuant to Section 23-47-50
(4) conduct a cost study to be submitted to the House Ways and Means Committee and Senate Finance Committee (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 (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.
SECTION 2. This act takes effect upon approval by the Governor.
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