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HB585/FN/LM (BR807) - M. King, G. Stumbo, R. Bunch, T. McKee, M. Rader, W. Stone

     AN ACT relating to 911 emergency services and making an appropriation therefor.
     Create a new section of KRS 65.750 to 65.760 to declare legislative findings relating to the provision of 911 emergency services; amend KRS 65.750 to change the definitions for "911 emergency service," "automatic number identification," and "automatic location identification"; add definitions for "automatic call distribution," "automatic vehicle location," "FCC order," "geographic information systems," "Law Enforcement Information Network of Kentucky and the National Crime Information Center," "local government," "master street address guide," "service connection," and "Interconnected Voice over Internet Protocol"; amend KRS 65.760 to require VoIP providers to collect locally-imposed 911 fees; list all allowable uses of locally-imposed 911 fees, list prohibited uses of locally imposed 911 fees; amend KRS 65.7621 to change definitions for "administrator," "automatic location identification," "automatic number identification," and "board,"; add definitions for "next generation 911," "prepaid wireless communications service," "prepaid wireless telecommunications service provider," and "service connection"; amend KRS 65.7623 to change the name of the Commercial Mobile Radio Service Emergency Telecommunications Board of Kentucky to the Kentucky 911 Services Board; remove the administrator and the member who is a mayor of a city or urban-county government from membership of the board; add two members serving as city officials, two members serving as county officials, two nonvoting legislative members, and the executive director of the Office of Homeland Security to the membership of the board; require the board to hold at least four meetings per year, two of which must be in congressional districts other than the one in which Frankfort is located; amend KRS 65.7625 to include in the administrator's duties the development and implementation of next generation 911 service; require the administrator to report to the board at each meeting regarding his or her activities since the last meeting; amend KRS 65.7627 to provide that revenues from the wireless service charge shall be generated equitably from prepaid and postpaid connections; provide that the postpaid wireless service charge be deposited into the CMRS fund; amend KRS 65.7629 to require the postpaid service charge to be adjusted once every four years according the positive percentage change in the CPI-U unless otherwise directed by the General Assembly; require the change to be accomplished by the promulgation of an administrative regulation to take effect on July 1 of the relevant year; require notice of the adjustment be given to affected providers by April 1 of the relevant year; require the board to deposit revenues from the wireless service charge into the CMRS fund; require the auditor retained by the board to verify the accuracy of CMRS customer count information; require the auditor retained by the board to share information with the Legislative Research Commission and the Auditor of Public Accounts; amend KRS 65.7630 to require the board to issue a report on data and information regarding 911 funding and the collection of service charges by November 1 of each year; specify reporting requirements for local government agencies with one or more PSAPs; require CMRS providers to submit quarterly reports to the board of their customer counts; amend KRS 65.7631 to adjust the apportionment formula for disbursement of moneys from the CMRS fund; end cost recovery disbursements for CMRS providers for compliance with wireless E911 service requirements; amend KRS 65.7633 to conform; amend KRS 65.7635 to require postpaid wireless service charges to be remitted by providers within 30 days of the end of the calendar month in which they were collected instead of within 60 days; amend KRS 65.7641 to increase the value of wrongfully obtained wireless emergency telephone service from $100 to $500 before it may be prosecuted as a Class D felony; amend KRS 39G.040, 65.755, 278.541, and 278.542 to conform; provide for the staggering of the Governor's appointments for the new members to the Kentucky 911 Services Board.


HB585 - AMENDMENTS

     HCS1/LM - Delete original provisions; create a new section of KRS 65.750 to 65.760 to declare legislative findings relating to the provision of 911 emergency services; amend KRS 65.750 to change the definitions for "911 emergency service," "automatic number identification," and "automatic location identification"; add definitions for "automatic call distribution," "automatic vehicle location," "FCC order," "geographic information systems," "Law Enforcement Information Network of Kentucky and the National Crime Information Center," "local government," "master street address guide," "service connection," and "Interconnected Voice over Internet Protocol"; amend KRS 65.760 to require wireline VoIP providers to collect locally-imposed 911 fees; list all allowable uses of locally-imposed 911 fees, list prohibited uses of locally imposed 911 fees; amend KRS 65.7621 to change definitions for "administrator," "automatic location identification," "automatic number identification," "board," and "CMRS postpaid service charge"; add definitions for "CMRS service charges," "CMRS prepaid service charge," "next generation 911," "prepaid wireless communications service," "prepaid wireless telecommunications service provider," "purchaser," "retail transaction," "retailer," and "service connection"; amend KRS 65.7623 to change the name of the Commercial Mobile Radio Service Emergency Telecommunications Board of Kentucky to the Kentucky 911 Services Board; remove the administrator and the member who is a mayor of a city or urban-county government from membership of the board; add two members serving as city officials, two members serving as county officials, two nonvoting legislative members, and the executive director of the Office of Homeland Security to the membership of the board; require the board to hold at least four meetings per year, two of which are required to be in congressional districts other than the one in which Frankfort is located; amend KRS 65.7625 to include in the administrator's duties the development and implementation of next generation 911 service; require the administrator to report to the board at each meeting regarding his or her activities since the last meeting; amend KRS 65.7627 to require that revenues from the prepaid wireless service charge and revenues from the postpaid wireless service charge be generated equitably; provide that the prepaid wireless, postpaid wireless, and Lifeline service charges be deposited into the CMRS fund; amend KRS 65.7629 to end the current sourcing and collection of the prepaid wireless service charge on January 1, 2017; require the board to deposit revenues from the prepaid and postpaid wireless service charges into the CMRS fund; require the auditor retained by the board to verify the accuracy of CMRS customer count information; require the auditor retained by the board to share information with the Legislative Research Commission and the Auditor of Public Accounts; amend KRS 65.7630 to require the board to issue a report on data and information regarding 911 funding and the collection of service charges by November 1 of each year; specify reporting requirements for local government agencies with one or more PSAPs; require CMRS providers to submit annual reports to the board of their customer counts; amend KRS 65.7631 to adjust the apportionment formula for disbursement of moneys from the CMRS fund; end cost recovery disbursements for CMRS providers for compliance with wireless E911 service requirements; amend KRS 65.7633 to conform; amend KRS 65.7635 to end the current collection method of the prepaid wireless service charge on January 1, 2017; require postpaid wireless service charges to be remitted by providers within 30 days of the end of the calendar month in which they were collected instead of within 60 days; amend KRS 65.7641 to increase the value of wrongfully obtained wireless emergency telephone service from $100 to $500 before it can be prosecuted as a Class D felony; amend KRS 139.105 to provide how the new prepaid wireless point of sale charge will be sourced; create a newsection of KRS 65.7621 to 65.7643 to establish a CMRS prepaid service charge of $0.93 to be collected at the point of sale for prepaid phones, minutes, and calling cards beginning on January 1, 2017; require that the CMRS prepaid service charge be collected by the retailer from the purchaser and that it be separately stated on the receipt; require the CMRS prepaid service charges to be remitted to the Department of Revenue; provide that the CMRS prepaid service charge not be included in the base for measuring any other tax or fee; create a new section of KRS Chapter 142 to establish definitions relating to the collection of the CMRS prepaid service charge by the Department of Revenue and the remittance of the collected charges to the CMRS fund; create a new section of KRS Chapter 142 to require retailers to collect and remit the CMRS prepaid service charge to the Department of Revenue and require the department to remit the charge to the CMRS fund; create a new section of KRS Chapter 142 to require each retailer selling prepaid wireless telecommunications service to register with the Department of Revenue; create a new section of KRS Chapter 142 to require each retailer selling prepaid wireless telecommunications service to file a monthly return with the Department of Revenue detailing the CMRS prepaid service charges collected during the previous month; allow a retailer to reimburse itself for the costs of collecting and remitting the CMRS prepaid service charge, not to exceed three percent of the gross amount of the CMRS prepaid service charges it collected that month; create a new section of KRS Chapter 142 to allow the Department of Revenue to audit returns filed by retailers and to assess any shortfalls discovered to the retailer within four years of the filling of the return; allow the department to assess an arrearage at any time if the retailer failed to file a return; allow retailers the rights of protest and appeal provided in KRS 131.110; create a new section of KRS Chapter 142 to require retailers to keep records as required by the Department of Revenue and to retain their returns filed with the department for four years; create a new section of KRS Chapter 142 to charge the Department of Revenue with administering the collection of the CMRS prepaid service charge and to empower it with all of the authority it needs to do so; establish the interest rate for late CMRS prepaid service charge payments; require the Kentucky 911 Services Board to cooperate with the department in the collection of the CMRS prepaid service charge; provide for the refund or crediting of over payment or mistaken payment of the CMRS prepaid service charge as provided in KRS 134.580; create a new section of KRS Chapter 142 to require the Department of Revenue to transmit the amounts it receives from the CMRS prepaid service charge to the Kentucky 911 Services Board on a monthly basis; allow the department to retain up to one percent of each monthly deposit to cover actual expenses incurred in collecting and administering the CMRS prepaid service charge; require the department to provide monthly receipts to the board; restrict amounts collected from the CMRS prepaid service charge from appropriation by the General Assembly; amend KRS 39G.040, 65.755, 278.541, 278.542, and 139.470 to conform; create a new section of KRS 65.7621 to 65.7643 to define "Lifeline provider"; set the CMRS service charge for Lifeline providers at the same amount as the CMRS postpaid service charge; establish the collection method for the CMRS service charge from Lifeline providers; allow Lifeline providers to determine their own method of billing and collecting the CMRS service charges levied by the section from end users; require Lifeline providers to act as collecting agents for the CMRS service charge; provide that Lifeline providers are not obligated to take legal action to collect the CMRS service charge; exempt separately stated service charges from state and local taxes; allow Lifeline providers to reimburse themselves up to one and one-half percent of the gross aggregate amount of service charges collected to cover the costs of collection; require Lifeline providers to remit service charges, less the administrative fee, to the Kentucky 911 Service Board on or before 30 days after the end of the calendar month in which the service charges were collected; allow the state to initiate collection actions on behalf of the board; stipulate that nothing in the section be interpreted to impact litigation pending in the courts of the Commonwealth commencing on or before March 1, 2016, regarding the application of CMRS fees imposed prior to the effective date of the bill to CMRS providers receiving reimbursement from the universal service fund; provide for the staggering of the Governor's appointments for the new members to the Kentucky 911 Services Board; provide that Sections 14 to 23, Section 28, and Section 29 of the bill take effect on January 1, 2017.

     Mar 01, 2016 - introduced in House
     Mar 02, 2016 - to Appropriations & Revenue (H)
     Mar 18, 2016 - taken from Appropriations & Revenue (H); 1st reading; returned to Appropriations & Revenue (H); posted in committee
     Mar 21, 2016 - taken from Appropriations & Revenue (H); 2nd reading; returned to Appropriations & Revenue (H)
     Mar 22, 2016 - reported favorably, to Rules with Committee Substitute (1) as a Consent Bill; taken from Rules; placed in the Orders of the Day Tuesday, March 22, 2016; 3rd reading, passed 89-4 with Committee Substitute (1)
     Mar 23, 2016 - received in Senate
     Mar 24, 2016 - taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S); to Appropriations & Revenue (S)
     Mar 25, 2016 - taken from Appropriations & Revenue (S); 2nd reading; returned to Appropriations & Revenue (S)
     Mar 29, 2016 - reported favorably, to Rules as a Consent Bill
     Apr 01, 2016 - posted for passage in the Regular Orders of the Day for Friday, April 1, 2016; 3rd reading, passed 30-5; received in House; enrolled, signed by each presiding officer; delivered to Governor
     Apr 13, 2016 - signed by Governor (Acts, ch. 111)