Bill Text: HI HB2276 | 2016 | Regular Session | Introduced
Bill Title: Prepaid Wireless; Enhanced 911 Services
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-29 - Referred to PBS, CPC, FIN, referral sheet 4 [HB2276 Detail]
Download: Hawaii-2016-HB2276-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2276 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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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) A prepaid wireless E911 surcharge of 66 cents shall be imposed on each retail transaction of prepaid wireless telecommunications service. The prepaid wireless E911 surcharge is 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 with respect to each retail transaction occurring within the State. The amount of the prepaid wireless E911 surcharge shall be separately listed on an 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 transaction shall also be treated as occurring within the State if the tangible personal property is shipped and the customer's shipping address is within the State or, if there is no shipment, if the customer's billing address is within the State. If no tangible personal property is shipped and the customer's billing address is not known, the transaction shall be treated as occurring within the State if the consumer's mobile telephone is associated with an address within the State.
(d) A seller may deduct and retain three per cent of prepaid wireless E911 surcharges collected from consumers. The seller shall remit to the board the balance of prepaid wireless E911 surcharges collected from consumers, including all surcharges collected where the amount of the surcharge has not been separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller. The board may require sellers to remit the balance of the surcharges collected electronically and shall establish registration and payment procedures.
(e) The amount of the prepaid wireless E911 surcharge that is collected by a seller from a consumer shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by the State, any political subdivision of the State, or any governmental agency.
(f) If a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single, non-itemized price, the seller shall not apply the surcharge imposed in subsection (a) to the transaction. For purposes of this subsection, a "minimal amount" means service of ten minutes or less or $5 or less.
(g) The board shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction.
(h) Within thirty days of receipt and for use in accordance with the purposes of chapter 138, the board shall transfer all remitted prepaid wireless E911 surcharges to the enhanced E911 fund pursuant to section 138-3.
(i) Section 138-9 shall apply to providers and sellers.
(j) 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 any investigative or law enforcement officer of the United States or any political subdivision, in connection with any lawful investigation or other law enforcement activity by such law enforcement officer.
(k) 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 who purchases prepaid wireless telecommunications service in a retail transaction.
"Prepaid wireless E911 surcharge" means the surcharge that is required to be collected by a seller from a consumer in the amount established under 138- .
"Prepaid wireless telecommunications service" means a wireless telecommunications service that is sold in predetermined (minutes usage or period of time) units or dollars that decline with use in a known amount and allows a caller to dial 911 to access the 911 system, a service that shall be paid for in advance.
"Provider" means a person that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission.
"Retail transaction" means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.
"Seller" means a person who sells 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;
[(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, upon its approval, shall take effect on July 1, 2017.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Prepaid Wireless; Enhanced 911 Services
Description:
Establishes a prepaid wireless E911 surcharge of 66 cents per retail transaction of prepaid wireless telecommunications service at the point of sale. Allows sellers to deduct and retain 3 per cent of the surcharge that is collected. Requires the amounts collected by the Enhanced 911 Board to be placed in the Enhanced 911 Fund. Effective on July 1, 2017.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
