2021 -- H 5531

========

LC001281

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- REIMBURSEMENT 911

RESTRICTED RECEIPT ACCOUNT

     Introduced By: Representatives Nardone, Place, and Chippendale

     Date Introduced: February 12, 2021

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled "911

Emergency Telephone Number Act" is hereby amended to read as follows:

     39-21.1-14. E-911 surcharge and first response surcharge.

     (a)(1) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied upon each residence

and business telephone line or trunk, or path and data, telephony, internet, voice over internet

protocol (VoIP) wireline, line, trunk, or path in the state including PBX trunks and centrex

equivalent trunks and each line or trunk serving, and upon each user interface number or extension

number or similarly identifiable line, trunk, or path to or from a digital network (such as, but not

exclusive of, integrated services digital network (ISDN), Flexpath, or comparable digital private

branch exchange, or connecting to or from a customer-based or dedicated telephone switch site

(such as, but not exclusive of, a private branch exchange (PBX)), or connecting to or from a

customer-based or dedicated central office (such as, but not exclusive of, a centrex system but

exclusive of trunks and lines provided to wireless communication companies) that can access to,

connect with, or interface with the Rhode Island E-911 uniform emergency telephone system (RI

E-911). In each instance where a surcharge is levied pursuant to this subsection (a)(1) there shall

also be a monthly first response surcharge of fifty cents ($.50). The surcharges shall be billed by

each telecommunication services provider at the inception of services and shall be payable to the

telecommunication services provider by the subscriber of the services.

     (2) A monthly E-911 surcharge of fifty cents ($.50) is hereby levied on each wireless

instrument, device, or means, including prepaid, cellular, telephony, internet, voice over internet

protocol (VoIP), satellite, computer, radio, communication, data or data only wireless lines, or any

other wireless instrument, device, or means that has access to, connects with, or activates or

interfaces or any combination thereof with the E-911 uniform emergency telephone system. In each

instance where a surcharge is levied pursuant to this subsection (a)(2) there shall also be a monthly

first response surcharge of seventy-five cents ($.75). The surcharges shall be billed by each

telecommunication services provider and shall be payable to the telecommunication services

provider by the subscriber. Prepaid wireless telecommunications services shall not be included in

this act, but shall be governed by chapter 21.2 of this title. The E-911 uniform emergency telephone

system shall establish, by rule or regulation, an appropriate funding mechanism to recover from the

general body of ratepayers this surcharge.

     (b) The amount of the surcharges shall not be subject to the tax imposed under chapter 18

of title 44 nor be included within the telephone common carrier's gross earnings for the purpose of

computing the tax under chapter 13 of title 44.

     (c) Each telephone common carrier and each telecommunication services provider shall

establish a special account to which it shall deposit on a monthly basis the amounts collected as

surcharges under this section.

     (d) The money collected by each telecommunication services provider shall be transferred

within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, telephony, voice

over internet protocol (VoIP), satellite, computer, internet, or communications services in this state

and every month thereafter, to the division of taxation, together with the accrued interest. The E-

911 surcharge shall be deposited in a restricted-receipt account and used solely for the operation of

the E-911 uniform emergency telephone system. The first response surcharge shall be deposited in

the general fund; provided, however, that ten percent (10%) of the money collected from the first

response surcharge shall be deposited in the information technology investment fund established

pursuant to § 42-11-2.5, and for a period of one year commencing January 1, 2022, and ending

December 31, 2022, twenty-five cents ($0.25) collected pursuant to subsection (a)(1) of this section

and twenty-five cents ($0.25) collected pursuant to subsection (a)(2) of this section shall be

deposited in a restricted receipt account in order to reimburse local law enforcement agencies solely

for infrastructure improvements. Any money not transferred in accordance with this subsection

shall be assessed interest at the rate set forth in § 44-1-7 from the date the money should have been

transferred.

     (e) Every billed subscriber-user shall be liable for any surcharge imposed under this section

LC001281 - Page 2 of 4

until it has been paid to the telephone common carrier or telecommunication services provider. Any

surcharge shall be added to and shall be stated separately in the billing by the telephone common

carrier or telecommunication services provider and shall be collected by the telephone common

carrier or telecommunication services provider.

     (f) Each telephone common carrier and telecommunication services provider shall annually

provide the E-911 uniform emergency telephone system division, or any other agency that may

replace it, with a list of amounts uncollected, together with the names and addresses of its

subscriber-users who can be determined by the telephone common carrier or telecommunication

services provider to have not paid the E-911 surcharge.

     (g) Included within, but not limited to, the purposes for which the money collected from

the E-911 surcharge may be used, are rent, lease, purchase, improvement, construction,

maintenance, repair, and utilities for the equipment and site or sites occupied by the E-911 uniform

emergency telephone system; salaries, benefits, and other associated personnel costs; acquisition,

upgrade, or modification of PSAP equipment to be capable of receiving E-911 information,

including necessary computer hardware, software, and database provisioning, addressing, and non-

recurring costs of establishing emergency services; network development, operation, and

maintenance; database development, operation, and maintenance; on-premise equipment

maintenance and operation; training emergency service personnel regarding use of E-911;

educating consumers regarding the operations, limitations, role, and responsible use of E-911;

reimbursement to telephone common carriers or telecommunication services providers of rates or

recurring costs associated with any services, operation, administration, or maintenance of E-911

services as approved by the division; reimbursement to telecommunication services providers or

telephone common carriers of other costs associated with providing E-911 services, including the

cost of the design, development, and implementation of equipment or software necessary to provide

E-911 service information to PSAPs, as approved by the division.

     (h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.]

     (i) Nothing in this section shall be construed to constitute rate regulation of wireless

communication services carriers, nor shall this section be construed to prohibit wireless

communication services carriers from charging subscribers for any wireless service or feature.

     (j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1.]

     SECTION 2. This act shall take effect upon passage.

========

LC001281

========

LC001281 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- REIMBURSEMENT 911

RESTRICTED RECEIPT ACCOUNT

***

     This act would require that a portion of the E-911 surcharges be deposited in a restricted

receipt account for infrastructure improvements in local law enforcement agencies

     This act would take effect upon passage.

========

LC001281

========

LC001281 - Page 4 of 4