Bill Text: HI HB206 | 2018 | Regular Session | Amended
Bill Title: Relating To Enhanced 911 Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-03-15 - Received notice of discharge of conferees (Hse. Com. No. 385). [HB206 Detail]
Download: Hawaii-2018-HB206-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
206 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ENHANCED 911 SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 138, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§138- Prepaid wireless E911 surcharge. (a) Except as provided in subsection (h), a prepaid wireless E911 surcharge of 1.5 per cent shall be imposed on every prepaid wireless telecommunications service purchased. The prepaid wireless E911 surcharge shall be the liability of the consumer and not of the seller or provider.
(b) The prepaid wireless E911 surcharge shall be collected by the seller from the consumer at every retail transaction occurring within the State. The amount of the prepaid wireless E911 surcharge shall be separately listed on any invoice, receipt, or other similar document that is provided to the consumer by the seller.
(c) A retail transaction that is transacted in person by a consumer at a seller's business location shall be treated as occurring within the State if the business location is within the State. A retail transaction shall also be treated as occurring within the State if it includes tangible personal property that is shipped and the consumer's shipping address is within the State. If no tangible personal property is shipped, the retail transaction shall be treated as occurring within the State if the consumer's billing address is within the State or, if the consumer's billing address is unknown, the consumer's mobile telephone is associated with an address within the State.
(d) A seller may deduct and retain three per cent of all prepaid wireless E911 surcharges collected from consumers for administrative purposes.
(e) A seller shall remit monthly, quarterly, or semiannually on a calendar year basis to the board the balance of prepaid wireless E911 surcharges collected from consumers not later than the twentieth day after the end of the filing period. The frequency of filing depends on the amount of prepaid wireless E911 surcharge fees collected during the year as follows:
(1) If the seller collects more than $4,000 in prepaid wireless E911 surcharge fees per year, the seller shall file monthly;
(2) If the seller collects $4,000 or less per year, the seller shall file quarterly; and
(3) If the seller collects $2,000 or less per year, the seller shall file semi-annually.
(f) The board may require sellers to remit electronically the balance of the surcharge amounts collected and shall establish registration and payment procedures.
(g) The amount of the prepaid wireless E911 surcharge that is collected by a seller from a consumer shall not be included in the seller's base income for purposes of calculating any tax, fee, surcharge, or other charge that is imposed by the State, any political subdivision of the State, or any governmental agency.
(h) The prepaid wireless E911 surcharge shall not apply to sales of a minimal amount of prepaid wireless telecommunications service sold with a prepaid wireless device for a single, non-itemized price. For purposes of this subsection, a "minimal amount" means service of ten minutes or less or valued at five dollars or less.
(i) The board shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction.
(j) Section 138-9 shall apply to providers and sellers.
(k) No provider or seller shall be liable for damages to any person resulting from or incurred in connection with the provision of any lawful assistance to an investigative or law enforcement officer of the United States or any of its political subdivisions in connection with any lawful investigation or law enforcement activity by the investigative or law enforcement officer.
(l) The prepaid wireless E911 surcharge imposed by this section shall be the only funding obligation imposed on prepaid wireless telecommunications service in the State for enhanced 911 services. No other tax, fee, surcharge, or other charge for enhanced 911 services shall be imposed by the State, any political subdivision of the State, or any governmental agency upon any provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service."
SECTION 2. Section 138-1, Hawaii Revised Statutes, is amended by adding seven new definitions to be appropriately inserted and to read as follows:
""Consumer" means a person or entity who purchases commercial mobile radio service or prepaid wireless telecommunications service in a retail transaction.
"Prepaid wireless E911 surcharge" means the surcharge that a seller is required to collect from a consumer in the amount established under section 138- .
"Prepaid wireless telecommunications service" means a wireless telecommunications service that is sold in predetermined minutes of usage, period of time units, or dollars that decline with use in a known amount, that allows a caller to dial 911 to access the 911 system, and is paid for in advance of use.
"Provider" means a person or entity that provides commercial mobile radio service or prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission.
"Retail transaction" means the purchase of commercial mobile radio service or prepaid wireless telecommunications service from a seller for any purpose other than resale. "Seller" means a person or entity that sells commercial mobile radio service or prepaid wireless telecommunications service to another person.
"Wireless telecommunications service" means commercial mobile radio service as defined by title 47 Code of Federal Regulations section 20.3."
SECTION 3. Section 138-3, Hawaii Revised Statutes, is amended to read as follows:
"§138-3 Enhanced 911 fund. There
is established outside the state treasury a special fund, to be known as the
enhanced 911 fund, to be administered by the board. The fund shall consist of
amounts collected under [section] sections 138-4[.] and
138- . The board shall place the funds in an interest-bearing
account at any federally insured financial institution, separate and apart from
the general fund of the State. Moneys in the fund shall be expended
exclusively by the board for the purposes of ensuring adequate funding to
deploy and sustain enhanced 911 service, developing and funding future enhanced
911 technologies, and funding expenses of administering the fund."
SECTION 4. Section 138-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The rate of the surcharge shall be set at 66 cents per month for each communications service connection. The surcharge shall have uniform application and shall be imposed on each communications service connection operating within the State except:
(1) Connections billed to federal, state, and county governmental entities; and
[(2) Prepaid connections; and
(3)] (2) Connections provided by the
public utility providing telecommunications services and land line enhanced 911
services through section 269-16.95."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2099.
Report Title:
Prepaid Wireless; Enhanced 911 Services
Description:
Establishes a prepaid wireless E911 surcharge at the point of sale. Allows sellers to deduct and retain for administrative purposes 3% of the surcharge that is collected. Requires deposit of surcharge balance in the enhanced 911 fund. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
