March 9, 1999
SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 456
Amendment sponsored by Senator Roman M. Maes
1. On page 1, line 14, after "AMENDING" insert "AND ENACTING".
2. On page 2, line 2, after "company" insert "or commercial mobile radio service provider".
3. On page 2, between lines 13 and 14, insert the following new subsections:
"E. "commercial mobile radio service" means services provided by a wireless real-time two-way voice communication device, including radio-telephone communications used in cellular telephone service; personal communications service; or the functional or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communications service or a network radio access line;
F. "commercial mobile radio service provider" means a person that provides commercial mobile radio service and includes resellers;".
4. Reletter the succeeding subsections accordingly.
5. On page 2, line 25, after "system" insert "or commercial mobile radio service".
6. On page 3, line 3, after "system" insert "or commercial mobile radio service".
7. On page 3, between lines 21 and 22, insert the following new subsection:
"L. "enhanced 911 wireless service" means two-phase wireless E911 technology;".
8. Reletter the succeeding subsections accordingly.
9. On page 5, line 18, after "services" insert "or commercial mobile radio services".
10. On page 5, line 19, strike "and".
11. On page 5, line 21, strike "or wireless".
12. On page 5, line 22, strike the period and quotation marks, insert in lieu thereof "; and" and between lines 22 and 23, insert the following new subsection:
"T. "wireless fund" means the wireless 911 fee fund."".
13. On page 6, line 18, strike "disbursed" and insert in lieu thereof "paid".
14. On page 6, line 19, strike "and paid" and insert in lieu thereof "or the wireless fund".
15. On page 6, line 20, after "company" insert "or commercial mobile radio service provider, but not a reseller."
16. On page 8, line 5, after "company" insert "or commercial mobile radio service provider".
17. On page 8, line 16, after "company" insert "or commercial mobile radio service provider".
18. On page 10, line 3, after "company" insert "or commercial mobile radio service provider".
19. On page 10, line 8, after "company" insert "or commercial mobile radio service provider".
20. On page 10, line 10, strike "has" and insert in lieu thereof "and the commercial mobile radio service provider have".
21. On page 10, line 14, after "company" insert "or commercial mobile radio service provider".
22. On page 10, line 19, after "company" insert "or commercial mobile radio service provider".
23. On page 10, line 21, after "company" insert "or commercial mobile radio service provider".
24. On page 10, line 22, strike the quotation mark and between lines 22 and 23, insert the following new subsection:
"E. A commercial mobile radio service provider, but not a reseller, or local governing body shall be reimbursed for all eligible costs associated with implementation and operation of enhanced 911 wireless services in accordance with federal communications commission requirements."".
25. On page 11, line 13, after "company" insert "or commercial mobile radio service provider".
26. On page 11, line 14, after "company" insert "or commercial mobile radio service provider".
27. On page 11, line 18, after "company" insert "or commercial mobile radio service provider".
28. On page 14, line 4, after "company" insert "or commercial mobile radio service provider".
29. On page 14, line 19, after "companies" insert "and commercial mobile radio service providers".
30. On page 17, between lines 4 and 5, insert the following new sections:
"Section 10. A new section of the Enhanced 911 Act is enacted to read:
"[NEW MATERIAL] WIRELESS 911 FEE FUND--CREATED--ADMINISTRATION--DISBURSEMENT--REPORT TO LEGISLATURE.--
A. The "wireless 911 fee fund" is created in the state treasury. The wireless 911 fee fund shall be administered by the division. The wireless 911 fee fund may commence with the first billing period of each subscriber ninety days after July 1, 1999.
B. All money remitted to the department as a result of collection of the 911 emergency surcharge from commercial mobile radio service providers shall be deposited in the wireless 911 fee fund. Commercial mobile radio service providers shall be entitled to deduct and retain two percent of the collected amounts for administrative costs.
C. All money deposited in the wireless 911 fee fund and all income earned by investment of the wireless fund are appropriated for expenditure in accordance with the Enhanced 911 Act and shall not revert to the general fund.
D. Payments shall be made from the wireless 911 fee fund upon warrant of the secretary of finance and administration upon vouchers signed by the director of the division.
E. Money in the wireless 911 fee fund shall be used to reimburse commercial mobile radio service providers, but not resellers, and local governing bodies for all eligible costs associated with implementation and operation of enhanced 911 wireless services in accordance with federal communications commission requirements. The division may expend no more than five percent of all money deposited in the wireless fund to administer and coordinate activities associated with implementation of enhanced 911 wireless service.
F. The division shall report to the legislature each session as to the status of the wireless fund and whether the current level of the 911 emergency surcharge from commercial mobile radio service providers is adequate, excessive or insufficient to fund the anticipated needs for the next year."
Section 11. A new section of the Enhanced 911 Act is enacted to read:
"[NEW MATERIAL] REQUIREMENTS BEFORE OFFERING 911 WIRELESS SERVICES.--Before enhanced 911 wireless service can be provided in a 911 service area, the public safety answering point must be capable of processing the information transmitted and a cost recovery mechanism must be established to fully reimburse commercial mobile radio service providers for their costs to provide enhanced 911 wireless services."
Section 12. A new section of the Enhanced 911 Act is enacted to read:
"[NEW MATERIAL] PROPRIETARY INFORMATION CONFIDENTIAL.--All proprietary information, including customer lists, bills, uncollected amounts and actual or estimated costs and revenue, of a commercial mobile radio service provider is confidential and shall not be released without the written approval of the provider. General information collected by a governmental entity may be released or published only as aggregated data that does not allow identification of numbers of subscribers or costs or revenue attributable to an individual commercial mobile radio service provider."".
31. Renumber the succeeding section accordingly.
_______________________________
Roman M. Maes
Adopted ___________________ Not Adopted ________________________
(Chief Clerk) (Chief Clerk)
Date _________________