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House Journal: Page 1143: Wednesday, April 1, 1998

25   in an E911 service plan or provision of 911 or local
26   exchange access service, unless the act or omission is
27   determined to be willful and wanton negligence.
28     Sec. 9.  NEW SECTION.  34A.7A  WIRELESS
29   COMMUNICATIONS SURCHARGE - FUND ESTABLISHED -
30   DISTRIBUTION AND PERMISSIBLE EXPENDITURES.
31     1.  a.  Notwithstanding section 34A.6, the
32   administrator shall adopt by rule a monthly surcharge
33   of up to fifty cents to be imposed on each wireless
34   communications service number provided in this state.
35   The surcharge shall be imposed uniformly on a
36   statewide basis and simultaneously on all wireless
37   communications service numbers as provided by rule of
38   the administrator.
39     b.  The administrator shall provide no less than
40   one hundred days' notice of the surcharge to be
41   imposed to each wireless communications service
42   provider.  The administrator, subject to the fifty
43   cent limit in paragraph "a", may adjust the amount of
44   the surcharge as necessary, but no more than once in
45   any calendar year.
46     c.  The surcharge shall be collected as part of the
47   wireless communications service provider's periodic
48   billing to a subscriber.  In compensation for the
49   costs of billing and collection, the provider may
50   retain one percent of the gross surcharges collected.

Page 4

 1   The surcharges shall be remitted quarterly by the
 2   provider to the administrator for deposit into the
 3   fund established in subsection 2.  A provider is not
 4   liable for an uncollected surcharge for which the
 5   provider has billed a subscriber but which has not
 6   been paid.  The surcharge shall appear as a single
 7   line item on a subscriber's periodic billing
 8   indicating that the surcharge is for E911 emergency
 9   telephone service.  The E911 service surcharge is not
10   subject to sales or use tax.
11     2.  Moneys collected pursuant to subsection 1 shall
12   be deposited in a separate wireless E911 emergency
13   communications fund within the state treasury under
14   the control of the administrator.  Section 8.33 shall
15   not apply to moneys in the fund.  Moneys earned as
16   income, including as interest, from the fund shall
17   remain in the fund until expended as provided in this
18   section.  Moneys in the fund shall be expended and
19   distributed annually as follows:
20     a.  An amount necessary to be retained by the
21   administrator for implementation, support, and
22   maintenance of the functions of the administrator.
23     b.  (1)  The administrator shall retain funds
24   necessary to reimburse wireless carriers for their

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URL: /DOCS/GA/77GA/Session.2/HJournal/01100/01143.html
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