ENROLLED HOUSE
BILL NO. 1590 By: Grego, Sims, Cantrell, and Ford of the House
and
Murdock,
Stephens, Rogers, and Pederson of the Senate
An Act relating to public safety; creating the Haiden Fleming
Memorial Act; providing short title; requiring Oklahoma 9-1-1 Management
Authority to maintain certain training platform; requiring creation,
maintenance, and certification of certain list; stating certain training
requirements; requiring establishment of certain hourly training requirements;
requiring completion of certain training by certain date; requiring training
follow certain guidelines; amending 63 O.S. 2021, Section 2803, which relates
to establishment of basic or sophisticated system; removing certain
compatibility stipulation; amending 63 O.S. 2021, Section 2846, which relates
to mandatory provision of emergency telephone service; requiring service
company provide certain data elements; amending 63 O.S. 2021, Section 2862, as
amended by Section 6, Chapter 30, O.S.L. 2022 (63 O.S. Supp. 2022, Section
2862), which relates to definitions; defining term; amending 63 O.S. 2021,
Section 2863, which relates to the creation of the Oklahoma 9-1-1 Management
Authority; modifying membership of the Authority; adding certain nonvoting
members; excluding nonvoting members from quorum requirements; excluding
nonvoting members from executive sessions; providing selection requirements for
nonvoting members; deleting chair designation requirement; allowing for certain
reimbursement; removing certain legal support requirement; amending 63 O.S.
2021, Section 2864, as amended by Section 7, Chapter 30, O.S.L. 2022 (63 O.S.
Supp. 2022, Section 2864), which relates to powers and duties; modifying
certain powers and duties; requiring certain submission to Oklahoma Tax
Commission; detailing the distribution of certain revenue from collected fees;
allowing establishment of certain contracts; amending 63 O.S. 2021, Section
2865, which relates to fees; modifying certain fees collected; including fees
for certain types of phones; removing prohibition on fee collection for certain
phones; modifying certain deposit amount; amending 63 O.S. 2021, Sections 2866
and 2867, which relate to collection and apportionment of fees; modifying
retention percentage of certain fees; modifying certain share to be paid or
escrowed for governing bodies by the Oklahoma Tax Commission; amending 63 O.S.
2021, Section 2868, which relates to use and oversight of funds; updating
statutory references; allowing the transfer of certain monies; requiring
certain designee of public agency to have certain meeting; amending 63 O.S.
2021, Section 2871, which relates to the Regional Emergency Nine-One-One
Services Act; disallowing establishment of new public safety answering point
after certain date; providing certain exceptions; repealing 63 O.S. 2021,
Sections 2814 and 2815, which relate to additional powers and duties of
governing bodies and fee collection; providing for noncodification; providing
for codification; and providing an effective date.
SUBJECT: Public safety
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Haiden Fleming
Memorial Act”.
SECTION 2.
NEW LAW A new section of law
to be codified in the Oklahoma Statutes as Section 2872 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The Oklahoma 9-1-1
Management Authority shall maintain an online training platform for 9-1-1
emergency telecommunicators in this state.
B. The Oklahoma 9-1-1
Management Authority shall create, maintain, and certify a list of qualified
online and in-person training programs that include the basic requirements for
a 9-1-1 emergency telecommunicator as well as coordinate and collaborate with
local and regional 9-1-1 training authorities.
Classes shall be a minimum of forty (40) hours in length and include
instruction for basic call handling and dispatch services. The Oklahoma 9-1-1 Management Authority shall
establish hourly training requirements on a yearly basis.
C. On or before July 1,
2024, emergency telecommunicators in this state that provide dispatch service
for emergency medical services shall complete, either in-person or virtually, a
forty-hour state-recognized training course for basic call handling and
dispatch services.
D. Any new emergency
telecommunicator hired after January 1, 2024, shall complete, either in-person
or virtually, a forty-hour state-recognized training course for basic call
handling and dispatch services within six (6) months of his or her hire date.
E. On or before July 1,
2024, emergency telecommunicators in this state that provide dispatch service
for emergency medical services shall complete, either in-person or virtually, a
state- or nationally recognized telecommunicator CPR training course. Telecommunicator CPR training shall follow
evidence-based, nationally recognized guidelines for High-Quality Telecommunicator
CPR which incorporates recognition protocols for out-of-hospital cardiac
events.
SECTION 3.
AMENDATORY 63 O.S. 2021,
Section 2803, is amended to read as follows:
Section 2803. Every
public agency or public safety agency within its respective jurisdiction may
establish a basic or sophisticated system, if technologically compatible
with the existing local telephone network.
The establishment of such systems shall be centralized where
feasible. Any system established
pursuant to this act the Oklahoma Emergency Telephone Act may
include a segment of the territory of a public agency. All systems shall be designed to meet the
requirements of each community and public agency served by the system. Every system, whether basic or sophisticated,
may be designed to have the capability of utilizing at least three of the four
methods specified in paragraphs 3, 8, 9 and 11 of Section 2 2802
of this act title, in response to emergency calls. In addition to the number “911” “9-1-1”,
a public agency or public safety agency may maintain a separate secondary
backup number, and shall maintain a separate number for nonemergency telephone
calls.
SECTION 4.
AMENDATORY 63 O.S. 2021,
Section 2846, is amended to read as follows:
Section 2846. A. All local exchange companies, and wireless
and other telephone service companies providing service to users in an area in
which nine-one-one 9-1-1 emergency telephone service is currently
operating shall also provide emergency telephone service to all subscribing
service users in that area. Wireless and
other telephone service companies shall provide information necessary for
automatic number identification, automatic location identification and
selective routing of nine-one-one 9-1-1 emergency wireless calls
to cities and counties answering emergency telephone calls for maintenance of
existing nine-one-one 9-1-1 databases. If the state or an area of the state is
utilizing a Next Generation 9-1-1 system that uses the National Emergency
Number Association (NENA) i3 standard for call delivery, then the service
company shall provide the data elements required by the standard. The governing body may reasonably require
sufficient information to ensure compliance with this section and to provide
data for audit and budgetary calculation purposes.
B. Information that a
wireless service provider is required to furnish in providing nine-one-one
9-1-1 service is confidential and exempt from disclosure. The wireless service provider is not liable
to any person who uses a nine-one-one 9-1-1 service created under
this act title for the release of information furnished by the
wireless service provider in providing nine-one-one 9-1-1
service. Information that is
confidential under this section may be released only for budgetary calculation
purposes and only in aggregate form so that no provider-specific information
may be extrapolated.
SECTION 5.
AMENDATORY 63 O.S. 2021,
Section 2862, as amended by Section 6, Chapter 30, O.S.L. 2022 (63 O.S. Supp.
2022, Section 2862), is amended to read as follows:
Section 2862. As used in
the Oklahoma 9-1-1 Management Authority Act:
1. “Authority” means the Oklahoma 9-1-1
Management Authority created in Section 2863 of this title;
2. “Governing body” means
the board of county commissioners of a county, the city council, tribal
authority or other governing body of a municipality, or a combination of such
boards, councils or other municipal governing bodies including county or
municipal beneficiary public trusts, or other public trusts which shall have an
administering board. A governing body
made up of two or more governmental entities shall have a board consisting of
not less than three members and shall consist of at least one member
representing each governmental entity, appointed by the governing body of each
participating governmental entity, as set forth in the agreement forming the
board. The members of the board shall
serve for terms of not more than three (3) years as set forth in the agreement. Members may be appointed to serve more than
one term. The names of the members of
the governing body board and the appointing authority of each member shall be
maintained in the office of the county clerk in the county or counties in which
the system operates, along with copies of the agreement forming the board and
any amendments to that agreement;
3. “Landline telecommunications connection”
means a ten-digit access number assigned to a customer that utilizes analog
communications over a wired transmission line that travels underground or on
telephone poles;
4.
“Next-generation 9-1-1” or “NG9-1-1” means an:
a. IP-based system comprised of hardware,
software, data, and operational policies and procedures that:
(1) provides standardized interfaces from
emergency call and message services to support emergency communications,
(2) processes all types of emergency calls,
including voice, text, data and multimedia information,
(3) acquires and integrates additional emergency
call data useful to call routing and handling,
(4) delivers the emergency calls, messages and
data to the appropriate public safety answering point and other appropriate
emergency entities,
(5) supports data or video communications needs
for coordinated incident response and management, and
(6) provides broadband service to public safety
answering points or other first responder entities, or
b. IP-based system comprised of hardware,
software, data and operational policies and procedures that conforms with
subsequent amendments made to the definition of Next Generation 9-1-1 services
in Public Law 112-96;
4. 5. “9-1-1 emergency telephone service” means any
telephone system whereby telephone subscribers may utilize a three-digit number
(9-1-1) for reporting an emergency to the appropriate public agency providing
law enforcement, fire, medical or other emergency services, including ancillary
communications systems and personnel necessary to pass the reported emergency
to the appropriate emergency service and which the wireless service provider is
required to provide pursuant to the Federal Communications Commission Order
94-102 (961 Federal Register 40348);
5. 6. “9-1-1 wireless telephone fee” means the fee
imposed in Section 2865 of this title to finance the installation and operation
of emergency 9-1-1 services and any necessary equipment;
6. 7. “Place of primary use” means the street
address representative of where the use of the mobile telecommunications
service of the customer primarily occurs, which shall be the residential street
address or the primary business street address of the customer and shall be
within the licensed service area of the home service provider in accordance
with Section 55001 of Title 68 of the Oklahoma Statutes and the federal Mobile
Telecommunications Sourcing Act, P.L. No. 106-252, codified at 4 U.S.C.
116-126;
7. 8. “Prepaid wireless telecommunications service”
means a telecommunications wireless service that provides the right to utilize
mobile wireless service as well as other telecommunications services including
the download of digital products delivered electronically, content and
ancillary services, which are paid for in advance and sold in predetermined
units or dollars of which the number declines with use in a known amount;
8. 9. “Proprietary information” means wireless
service provider or VoIP service provider, subscriber, market share, cost and
review information;
9. 10. “Public agency” means any city, town, county,
municipal corporation, public district, public trust, substate planning
district, public authority or tribal authority located within this state which
provides or has authority to provide firefighting, law enforcement, ambulance,
emergency medical or other emergency services;
10. 11. “Public safety answering point” or “PSAP”
means an entity responsible for receiving 9-1-1 calls and processing those
calls according to specific operational policy;
11. 12. “Public safety telecommunicator” means a
person who performs a public service by processing, analyzing, and dispatching
calls for emergency assistance. The
person is a first responder that provides pre-arrival instructions and has
specialized training to mitigate the loss of life and property;
12. 13. “Wireless service provider” means a provider
of commercial mobile service under Section 332(d) of the Telecommunications Act
of 1996, 47 U.S.C., Section 151 et seq., Federal Communications Commission
rules, and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66,
and includes a provider of wireless two-way communication service,
radio-telephone communications related to cellular telephone service, network
radio access lines or the equivalent, and personal communication service. The term does not include a provider of:
a. a
service whose users do not have access to 9-1-1 service,
b. a
communication channel used only for data transmission, or
c. a
wireless roaming service or other nonlocal radio access line service;
13. 14. “Wireless telecommunications connection”
means the ten-digit access number assigned to a customer regardless of whether
more than one such number is aggregated for the purpose of billing a service
user; and
14. 15. “Voice over Internet Protocol (VoIP)
provider” means a provider of interconnected Voice over Internet Protocol
service to end users in the state, including resellers.
SECTION 6.
AMENDATORY 63 O.S. 2021,
Section 2863, is amended to read as follows:
Section 2863. A. There is hereby created the Oklahoma 9-1-1
Management Authority which shall be the governing board overseeing the
development and regulation of 9-1-1 emergency systems in this state and
managing the distribution of all 9-1-1 telephone fees collected pursuant to the
provisions of Section 5 2865 of this act title.
B. The Authority shall be
composed of the following members:
1. One member
representing a tribal authority that operates a 9-1-1 system to be appointed by
the President Pro Tempore of the Senate;
2. One member
representing a statewide organization dedicated to public safety to be
appointed by the President Pro Tempore of the Senate;
3. One member
representing a statewide organization dedicated to career development for
emergency number professionals to be appointed by the Governor;
4. One member
representing a statewide organization dedicated to representing Oklahoma
municipalities to be appointed by the Speaker of the House of Representatives;
5. One member
representing a statewide organization representing Oklahoma county
commissioners to be appointed by the Governor;
6. One member
representing a statewide association of regional councils of government to be
appointed by the President Pro Tempore of the Senate;
7. The Chief Information
Officer for the state, or designee;
8. One member
representing a substate planning district to be appointed by the Governor;
9. Two members each
representing a municipal government operating a 9-1-1 system and having a
population of less than one hundred thousand (100,000), one to be appointed by
the Speaker of the House of Representatives, and one to be appointed by the
Governor;
10. One member
representing a municipal government operating a 9-1-1 system and having a
population of more than one hundred thousand (100,000) but less than four
hundred fifty thousand (450,000) to be appointed by the Governor;
11. One member
representing a municipal government operating a 9-1-1 system and having a
population of more than four hundred fifty thousand (450,000) to be appointed
by the Speaker of the House of Representatives;
12. One member
representing an organization created by an interlocal agreement for the purpose
of sharing public safety answering point duties and whose members are municipal
governments with a population of less than four hundred fifty thousand
(450,000) to be appointed by the Governor;
13. One member
representing an organization created by an interlocal agreement for the purpose
of sharing public safety answering point duties and whose members are municipal
governments with a population of more than four hundred fifty thousand
(450,000) to be appointed by the President Pro Tempore of the Senate;
14. One member who is a
9-1-1 Coordinator coordinator for a county with a population of
less than twenty thousand (20,000) to be appointed by the Speaker of the House
of Representatives;
15. One member who is a
9-1-1 Coordinator coordinator for a county with a population of
more than twenty thousand (20,000) to be appointed by the President Pro Tempore
of the Senate;
16. One member who is a
9-1-1 Coordinator coordinator for a county to be appointed by the
Governor; and
17. One member
representing a local exchange telecommunications service provider which serves
less than fifty thousand (50,000) access lines in the state or a telephone
cooperative to be appointed by the President Pro Tempore of the Senate;
18. One member
representing a local exchange telecommunications service provider which serves
more than fifty thousand (50,000) access lines in the state to be appointed by
the Speaker of the House of Representatives;
19. One member representing
a Tier I wireless carrier, as defined by the Federal Communications Commission,
to be appointed by the Speaker of the House of Representatives;
20. One member
representing a Tier II wireless carrier, as defined by the Federal
Communications Commission, to be appointed by the Speaker of the House of
Representatives;
21. One member
representing a Tier III wireless carrier, as defined by the Federal
Communications Commission, to be appointed by the President Pro Tempore of the
Senate;
22. One member
representing the telephone industry to be appointed by the President Pro
Tempore of the Senate; and
23. The Oklahoma Secretary of Safety and
Security Public Safety or designee.
C. There shall be five
(5) nonvoting 9-1-1 industry members.
Nonvoting members are not required for a quorum. Nonvoting members shall not be included in
executive sessions. The nonvoting
members shall be made up of the following:
1. One member
representing a local exchange telecommunications service provider which serves
less than fifty thousand (50,000) access lines in the state or a telephone
cooperative, to be appointed by the President Pro Tempore of the Senate;
2. One member
representing a local exchange telecommunications service provider which serves
more than fifty thousand (50,000) access lines in the state, to be appointed by
the Speaker of the House of Representatives;
3. One member
representing a Tier I wireless carrier, as defined by the Federal
Communications Commission, to be appointed by the Speaker of the House of
Representatives;
4. One member
representing a Tier III wireless carrier, as defined by the Federal
Communications Commission, to be appointed by the President Pro Tempore of the
Senate; and
5. One member
representing the telephone industry, to be appointed by the President Pro
Tempore of the Senate.
D. Members shall serve at the pleasure of their
appointing authority and vacancies shall be filled by the original appointing
authority.
D. E. Members shall receive no compensation for
serving on the Authority.
E. At its first meeting
annually the Authority shall designate a chair from its members. Meetings shall be held at the call of the
chair.
F. The Authority shall be
subject to the Oklahoma Open Records Act and the Oklahoma Open Meeting Act.
G. The members of the
Oklahoma 9-1-1 Management Authority shall be reimbursed for mileage or actual
travel expense, whichever is less, to attend regular and special meetings when
the travel exceeds fifty (50) miles from their home or business, whichever is
closer to the meeting location.
H. The Oklahoma Department of Emergency
Management and Homeland Security shall provide legal,
administrative, fiscal and staff support for the Authority. Expenses related to the provision of such
services may be paid from funds available in the Oklahoma 9-1-1 Management Authority
Revolving Fund created in Section 9 2869 of this act title,
upon approval by a majority of the members of the Authority.
H. I. Members serving on the Statewide Nine-One-One
Advisory Board appointed pursuant to Section 2847 of Title 63 of the Oklahoma
Statutes this title on the effective date of this act November
1, 2016, shall continue serving as members of the Oklahoma 9-1-1 Management
Authority unless replaced by their appointing authority.
SECTION 7.
AMENDATORY 63 O.S. 2021,
Section 2864, as amended by Section 7, Chapter 30, O.S.L. 2022 (63 O.S. Supp.
2022, Section 2864), is amended to read as follows:
Section 2864. The powers
and duties of the Oklahoma 9-1-1 Management Authority created in Section 2863
of this title shall be to:
1. Approve or disapprove
the selection of the Oklahoma 9-1-1 Coordinator by majority vote of the
members. The Authority shall direct the
Oklahoma 9-1-1 Coordinator to administer grants approved by the Authority
pursuant to this section and perform other duties as it deems necessary to
accomplish the requirements of the Oklahoma 9-1-1 Management Authority Act;
2. Prepare grant
solicitations for funding for the purposes of assisting public agencies with
funding for consolidation of facilities or services, deployment of Phase II
technology or successor technology, development of next-generation 9-1-1
regional emergency service networks, and for other purposes it deems
appropriate and necessary;
3. Work in conjunction
with the Oklahoma Department of Emergency Management and Homeland Security
to create an annual budget for the Authority, which shall be approved by
majority vote of the members;
4. Direct the Oklahoma
Tax Commission to escrow all or any portion of funds collected pursuant to the
Oklahoma 9-1-1 Management Authority Act attributable to a public agency, if the
public agency fails to:
a. submit
or comply with master plans to deliver Next Generation 9-1-1 (NG9-1-1) services
as required by the Oklahoma 9-1-1 Management Authority Act and approved by the
Authority. Local plans must align with
the State’s Master plan to deploy NG9-1-1,
b. meet
standards of the National Emergency Number Association (NENA) limited to
call-taking and caller-location technology or comply with an improvement plan
to meet such standards as directed by the Authority,
c. submit
annual reports or audits as required by the Oklahoma 9-1-1 Management Authority
Act,
d. provide
connectivity and interoperability between state, regional and local
next-generation systems, or
e. comply
with the requirements of the Oklahoma 9-1-1 Management Authority Act or
procedures established by the Authority;
5. Establish and submit
to the Tax Commission a list of eligible governing bodies entitled to receive
9-1-1 telephone fees and establish annual population figures and square
miles for the coverage area of the public safety answering points (PSAPs)
for the purpose of distributing fees collected pursuant to Section 2865 of this
title,. Distribution of the
net monthly revenue from 9-1-1 fees after the distributions established in
Sections 2865, 2866, and 2867 of this title will be provided to eligible
governing bodies established by this section as follows:
a. a flat rate of Three
Thousand Dollars ($3,000.00) per month per PSAP, and
b. from the remaining
balance:
(1) ten
percent (10%) to be derived by dividing the land area covered by each public
agency’s response area by the total land area of the state, and
(2) ninety
percent (90%) to be derived by dividing the population of each public
agency’s response area by the total population of the state using data from the
latest available Census estimates as of July 1 of each year;
6. Assist any public
agency the Authority determines is performing below NENA standards of
the NENA, as limited by paragraph 4 of this section, according to the
improvement plan required by the Oklahoma 9-1-1 Management Authority Act. The Authority shall establish a time period
for the public agency to come into compliance after which the Authority shall
escrow funds as authorized in this section.
Improvement plans may include consideration and recommendations for
consolidation with other public agencies, and sharing equipment and technology
with other jurisdictions;
7. Require an annual
report from public agencies regarding operations and financing of the public
safety answering point (PSAP) and approve, modify or reject such reports;
8. Conduct and review
audits and financial records of the wireless service providers and review
public agencies’ audits and financial records regarding the collection,
remittance and expenditures of 9-1-1 wireless telephone fees as required by the
Oklahoma 9-1-1 Management Authority Act;
9. Develop a master plan
to deploy next-generation 9-1-1 services statewide. This will include the development of
performance criteria critical to the function and performance of NG9-1-1
networks and systems;
10. Establish rules for
interoperability between state, regional and local NG9-1-1 systems;
11. Facilitate
information-sharing among public agencies;
12. Create and maintain
best practices databases for PSAP operations;
13. Encourage equipment-
and technology-sharing among all jurisdictions;
14. Develop training
program standards for public safety telecommunicators for call taking.
a. Training program
standards shall include instruction on recognizing the need for and delivery of
High-Quality Telecommunicator CPR (T-CPR) that can be delivered by 9-1-1 public
safety telecommunicators for acute events requiring CPR including, but not
limited to, out-of-hospital cardiac events (OHCA).
b. T-CPR training shall
follow evidence-based, nationally recognized guidelines for high-quality T-CPR
which incorporates recognition protocols for OHCA and continuous education;
15. Mediate disputes
between public agencies and other entities involved in providing 9-1-1
emergency telephone services;
16. Provide a
clearinghouse of contact information for communications service companies and
PSAPs operating in this state;
17. Make recommendations
for consolidation upon the request of public agencies;
18. Establish
contracts for the necessary equipment and services to deliver 9-1-1 calls to
the public safety answering points;
19. Establish an eligible use list for 9-1-1
funds; and
19. 20. Take any steps necessary to carry out the
duties required by the Oklahoma 9-1-1 Management Authority Act.
SECTION 8.
AMENDATORY 63 O.S. 2021,
Section 2865, is amended to read as follows:
Section 2865. A. Beginning January 1, 2017, there There
shall be imposed a 9-1-1 telephone fee as follows:
1. Seventy-five cents
($0.75) One Dollar and twenty-five cents ($1.25) monthly on each
wireless telephone connection and other wireless communication device or
service connection with the ability to dial 9-1-1 for emergency calls;
2. Seventy-five cents
($0.75) One Dollar and twenty-five cents ($1.25) monthly on each
service that is enabled by Voice over Internet Protocol (VoIP) or Internet
Protocol (IP) with the ability to dial 9-1-1 for emergency calls,
including landline; and
3. Seventy-five cents
($0.75) One Dollar and twenty-five cents ($1.25) on each prepaid
wireless retail transaction occurring in this state.
B. 1. For purposes of paragraph 3 of subsection A
of this section, a retail transaction that is effected in person by a consumer
at a business location of the seller shall be treated as occurring in this
state if that business location is in this state. Any other retail transaction shall be sourced
as provided in paragraphs 2 through 5 of this subsection as applicable.
2. When the retail
transaction does not occur at a business location of the seller, the retail
transaction shall be sourced to the location where receipt by the consumer, or
the consumer’s donee, designated as such by the consumer, occurs, including the
location indicated by instructions for delivery to the consumer or donee, known
to the seller.
3. When the provisions of
paragraph 2 of this subsection do not apply, the sale shall be sourced to the
location indicated by an address for the consumer that is available from the
business records of the seller that are maintained in the ordinary course of
the seller’s business when use of this address does not constitute bad faith.
4. When the provisions of
paragraphs 2 and 3 of this subsection do not apply, the sale shall be sourced
to the location indicated by an address for the consumer obtained during the
consummation of the sale, including the address of a consumer’s payment instrument,
if no other address is available, when use of this address does not constitute
bad faith.
5. When none of the
previous rules of paragraphs 1, 2, 3 and 4 of this subsection apply, including
the circumstance in which the seller is without sufficient information to apply
the previous rules, then the location shall be determined by the address from
which the service was provided, disregarding for these purposes any location
that merely provided the digital transfer of the product sold. If the seller knows the mobile telephone
number, the location will be that which is associated with the mobile telephone
number.
C. The fees authorized
by subsection A of this section shall not be assessed on landline phone
customers.
D. The fees imposed in
subsection A of this section shall replace any 9-1-1 wireless telephone fees
previously adopted by any county pursuant to Section 2843.1 of Title 63 of the
Oklahoma Statutes, or 9-1-1 VoIP emergency service fees adopted by a governing
body pursuant to Section 2853 of Title 63 of the Oklahoma Statutes, or fees on
prepaid wireless retail transactions pursuant to Section 2843.2 of Title 63 of
the Oklahoma Statutes. Fees collected
and transferred pursuant to those sections shall remain in effect through
December 31, 2016.
E. From each seventy-five-cent one-dollar-and-twenty-five-cent
fee assessed and collected pursuant to subsection A of this section, five
cents ($0.05) twenty-two cents ($0.22) shall be deposited into the
Oklahoma 9-1-1 Management Authority Revolving Fund created pursuant to Section 9
2869 of this act title.
Funds accumulating in this revolving fund shall be used to fund the
salary of the Oklahoma 9-1-1 Coordinator and any administrative staff,
operations of the Authority and any costs associated with the administration of
the Oklahoma 9-1-1 Management Authority Act within the Oklahoma Department of
Emergency Management and Homeland Security, and for grants approved by
the Authority for purposes as authorized in this act the Oklahoma
9-1-1 Management Authority Act.
SECTION 9.
AMENDATORY 63 O.S. 2021,
Section 2866, is amended to read as follows:
Section 2866. A. 9-1-1 telephone fees authorized and collected
by wireless service providers and Voice over Internet Protocol (VoIP)
providers, pursuant to paragraphs 1 and 2 of subsection A of Section 2865 of
this title, from each of their end users residing in this state shall be paid
to the Oklahoma Tax Commission no later than the twentieth day of the month
succeeding the month of collection.
B. From the total fees
collected pursuant to paragraphs 1 and 2 of subsection A of Section 2865 of
this title, one percent (1%) shall be retained by the wireless service
provider or VoIP provider, and eight-tenths of one percent (1%)
(0.8%) shall be retained by the Tax Commission as reimbursement for the
direct cost of administering the collection and remittance of the fees.
C. Every billed service
subscriber shall be liable for any 9-1-1 wireless telephone fee imposed
pursuant to the Oklahoma 9-1-1 Management Authority Act until the fee has been
paid to the wireless service provider.
D. Fees imposed pursuant
to the Oklahoma 9-1-1 Management Authority Act which are required to be
collected by the wireless service provider or VoIP provider may be added
to and shall be stated separately in any billings to the service subscriber.
E. The wireless
service provider or VoIP provider shall have no obligation to take any
legal action to enforce the collection of any 9-1-1 wireless telephone
fee imposed pursuant to the provisions of the Oklahoma 9-1-1 Management
Authority Act. Should any service
subscriber tender a payment insufficient to satisfy all charges, tariffs, fees
and taxes for wireless telephone or VoIP the service, the amount
tendered shall be credited to the 9-1-1 wireless telephone fee in the same
manner as other taxes and fees.
F. Any 9-1-1 fee imposed pursuant
to the provisions of the Oklahoma 9-1-1 Management Authority Act shall be
collected insofar as practicable at the same time as, and along with, the
charges for wireless telephone or VoIP the service in accordance
with the regular billing practice of the provider.
G. Nothing in the
Oklahoma 9-1-1 Management Authority Act shall be construed to limit the ability
of a wireless service provider or VoIP provider from recovering its
costs associated with designing, developing, deploying and maintaining enhanced
9-1-1 service directly from the service subscribers of the provider, whether
the costs are itemized on the bill of the service subscriber as a surcharge or
by any other lawful means.
H. The wireless
service provider or VoIP provider shall maintain records of the amount of
9-1-1 telephone fees collected in accordance with the provisions of the
Oklahoma 9-1-1 Management Authority Act for a period of three (3) years from
the time the fee is collected. The State
Auditor and Inspector, the Oklahoma 9-1-1 Management Authority or any affected
public agency may require an annual audit of the books and records of the wireless
service provider or VoIP provider concerning the collection and remittance
of fees authorized by the Oklahoma 9-1-1 Management Authority Act. Auditors shall have access to all information
used by the wireless service provider or VoIP provider to calculate and
remit the 9-1-1 telephone fee. Audit
expenses shall be reimbursable pursuant to procedures established by the
Oklahoma 9-1-1 Management Authority if the audit is approved by the Authority.
I. The wireless
service provider or VoIP provider shall provide to the Oklahoma 9-1-1
Management Authority an annual census showing the primary place of use of its
subscribers located by county and either a municipality or unincorporated
area. The census shall contain all
subscribers as of December 31 of each year, and shall be provided to the
Authority no later than February 1 of each year.
J. All proprietary
information provided by a wireless service provider or VoIP provider to
the Authority shall not be subject to disclosure to the public or any other party.
K. Within thirty (30)
days of receipt, the Oklahoma Tax Commission shall pay available fees remitted
pursuant to Section 2865 of this title to the governing bodies that the
Oklahoma 9-1-1 Management Authority has certified in accordance with Section
2864 of this title as eligible to receive funds. The share to be paid to or escrowed for each
governing body shall be determined by dividing the population of the
governing body by the total population of the state using the latest Federal
Decennial Census estimates the formula provided for in paragraph 5 of
Section 2864 of this title.
L. The Oklahoma Tax
Commission shall provide the 9-1-1 Management Authority a monthly report
showing the 9-1-1 wireless fee deposits including the name of the provider and
the amount of each deposit. Upon request
the 9-1-1 Authority may request telephone or mailing address information of the
provider.
SECTION 10.
AMENDATORY 63 O.S. 2021,
Section 2867, is amended to read as follows:
Section 2867. A. Prepaid 9-1-1 wireless transaction fees
authorized and collected pursuant to paragraph 3 of subsection A of Section
2865 of this title from retailers shall be paid to the Oklahoma Tax Commission
under procedures established by the Tax Commission that substantially coincide
with the registration and payment procedures that apply under the Oklahoma
Sales Tax Code and as directed by the Oklahoma 9-1-1 Management Authority. The audit and appeal procedures, including
limitations period, applicable to the Oklahoma Sales Tax Code shall apply to
prepaid 9-1-1 wireless telephone fees.
B. From the total fees
collected pursuant to paragraph 3 of subsection A of Section 2865 of this
title, three percent (3%) shall be retained by the seller and eight-tenths
of one percent (1%) (0.8%) shall be retained by the Tax
Commission as reimbursement for the direct cost of administering the collection
and remittance of such fees.
C. The prepaid 9-1-1
wireless transaction fee shall be collected by the retailer from the consumer
for each retail transaction occurring in this state. The amount of the prepaid 9-1-1 wireless fee
shall either be separately stated on the invoice, receipt or similar document
that is provided to the consumer by the seller, or otherwise disclosed to the
consumer.
D. The prepaid 9-1-1
wireless telephone fee is the liability of the consumer and not of the seller
or of any provider, except that the seller shall be liable to remit all prepaid
9-1-1 wireless telephone fees that the seller collects as provided in this
section, including all charges that the seller is deemed to collect where the
amount of the fee has not been separately stated on an invoice, receipt or
other similar document.
E. If the amount of the
prepaid 9-1-1 wireless telephone fee is separately stated on the invoice,
receipt or similar document, the prepaid 9-1-1 wireless telephone fee 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 this state or any
intergovernmental agency.
F. The Oklahoma Tax
Commission shall provide the 9-1-1 Management Authority with a monthly report
showing the 9-1-1 wireless fee deposits including the name of the provider and
the amount of each deposit. Upon request
the 9-1-1 Authority may request telephone or mailing address information of the
provider.
SECTION 11.
AMENDATORY 63 O.S. 2021, Section
2868, is amended to read as follows:
Section 2868. A. Public agencies recognized by the Oklahoma
9-1-1 Management Authority and authorized to receive funds collected pursuant
to the provisions of the Oklahoma 9-1-1 Management Authority Act shall use the
funds only for services, equipment and operations related to 9-1-1 emergency
telephone services.
B. The 9-1-1 Management
Authority will oversee all 9-1-1 fees collected under the Oklahoma Emergency
Telephone Act and the fees collected by this act section and
Sections 2864, 2866, and 2867 of this title. The Authority may order the Oklahoma Tax
Commission to escrow fees attributable to public agencies which have misspent,
diverted or supplanted 9-1-1 collected fees to a purpose other than what is authorized
by the Oklahoma Emergency Telephone Act or this act section
and Sections 2864, 2866, and 2867 of this title.
C. Money remitted to
public agencies pursuant to the Oklahoma 9-1-1 Management Authority Act and any
money otherwise collected by any lawful means for purposes of providing 9-1-1
emergency telephone services shall be deposited in a separate 9-1-1 emergency
telephone service account established by a public agency or its governing body
to carry out the requirements of the Oklahoma 9-1-1 Management Authority
Act. Monies deposited in this account
may be transferred to another account within the governing body, but a
9-1-1-specific sub-account line item shall be maintained with the accounting
system. Monies remaining in such
accounts at the end of a fiscal year shall carry over to subsequent years. The monies deposited in the Oklahoma 9-1-1
Management Authority Revolving Fund shall at no time be monies of the state and
shall not become part of the general budget of the Office of Emergency
Management Oklahoma Department of Emergency Management and Homeland
Security or any other state agency.
Except as otherwise authorized by the Oklahoma 9-1-1 Management
Authority Act, no monies from the Oklahoma 9-1-1 Management Authority Revolving
Fund shall be transferred for any purpose to any other state agency or any
account of the Office of Emergency Management Oklahoma Department of
Emergency Management and Homeland Security or be used for the purpose of
contracting with any other state agency or reimbursing any other state agency
for any expense. Payments from the
Oklahoma 9-1-1 Management Authority Revolving Fund shall not become or be
construed to be any obligation of the state.
No claims for reimbursement from the Oklahoma 9-1-1 Management Authority
Revolving Fund shall be paid with state monies.
D. If the Oklahoma 9-1-1
Management Authority determines that the public agency has failed to deploy
Phase II service, failed to meet the State master plan for NG9-1-1 services or
has failed to deliver service consistent with National Emergency Number
Association (NENA) standards, the public agency shall submit an improvement
plan within the time prescribed by the Authority. The Authority may order the Oklahoma Tax
Commission to escrow fees attributable to public agencies which have not
submitted plans or complied with improvement plans.
E. A public agency shall
be required to have conducted separately or as a part of the annual audit
required by law of the municipality or county an annual audit of any accounts
established or used for the operation of a 9-1-1 emergency telephone
system. The audit may be conducted by
the State Auditor and Inspector at the discretion of the public agency. The cost of the audit of the 9-1-1 emergency
telephone system may be paid from and be considered a part of the operating
expenses of the 9-1-1 emergency telephone system. Proprietary information of the wireless
service providers shall be confidential.
Audit information pertaining to revenue collected or disbursed may be
released only in aggregate form so that no provider-specific information may be
extrapolated.
F. Public agencies shall
be required to annually submit to the Authority:
1. A report, on a form to
be prescribed by the Authority, covering the operation and financing of the
public safety answering point which shall include all sources of funding
available to the public agency for the 9-1-1 emergency telephone system; and
2. A copy of the most
recent annual audit or budget showing all expenses of the public agency
relating to the 9-1-1 emergency telephone system.
G. The Authority shall
have the power to review, approve, submit for further information or deny
approval of the annual report of each public agency required pursuant to
subsection F of this section. Failure by
a public agency to submit the report annually or denial of a report may cause
the Authority to order the Tax Commission to escrow the 9-1-1 emergency
telephone fees due to the public agency until the public agency complies with
the requirements of the Oklahoma 9-1-1 Management Authority Act and the
procedures established by the Authority.
H. The governing body or
public safety oversight designee of the public agency shall meet at least
quarterly to oversee the operations of the 9-1-1 emergency telephone system,
review expenditures and annually set and approve an operating budget, and take
any other action as necessary for the operation and management of the system.
I. Records and meetings
of the public agency shall be subject to the Oklahoma Open Records Act and the
Oklahoma Open Meeting Act.
SECTION 12.
AMENDATORY 63 O.S. 2021,
Section 2871, is amended to read as follows:
Section 2871. A. This act shall be known and may be cited as
the “Regional Emergency 9-1-1 Services Act”.
B. It is the purpose of
the Regional Emergency 9-1-1 Services Act to encourage formation of emergency
communication districts in order to provide efficient delivery of emergency
9-1-1 service throughout the state.
C. This act The
Regional Emergency 9-1-1 Services Act shall not apply to any 9-1-1 system
or public agency participating in a 9-1-1 system that was established prior to
January 1, 2017, and that had adopted Phase II 9-1-1 service by that date.
D. A new public safety
answering point shall not be established after July 1, 2024, unless the new
public safety answering point is established as a result of:
1. A consolidation with
an existing public safety answering point; or
2. A replacement of an
existing public safety answering point.
E. For the purposes of this section:
1. “District” means an
emergency communication district;
2. “Emergency
communication district” means a district formed pursuant to this act the
Regional Emergency 9-1-1 Services Act to deliver emergency 9-1-1 services
on a regional basis;
3. “9-1-1 system” means
an entity that processes emergency 9-1-1 calls through a public safety
answering point;
4. “Participating public
agency” means a public agency that is included in a district;
5. “Principal
municipality” means the municipality with the largest population in a district;
and
6. “Public agency” means
any city, town, county, municipal corporation, public district, public trust,
substate planning district, public authority or tribal authority located within
this state which provides or has authority to provide firefighting, law
enforcement, ambulance, emergency medical or other emergency services.
E. F. On or before December 31, 2017, all public
agencies in this state shall form regional emergency communication districts
for the purpose of creating an area-wide emergency 9-1-1 system for their
respective jurisdictions. The territory
of the district shall be coextensive with the territory of the regional
substate planning district unless a different territory is approved by the
Oklahoma 9-1-1 Management Authority. If
a public agency is situated in more than one such territory, it shall become
part of the district in which it is principally located. If, due to the effect of subsection C of this
section, the majority of the participating public agencies located in the
territory of a proposed district determine that it would be in the best
interests of their citizens, they may request inclusion in an adjacent
district.
F. G. The public agencies to be included in each
district may form the district by entering into local cooperative agreements
which shall establish a governance structure and provide for the joint
implementation, funding, operation, and management of the district.
G. H. If the public agencies in a region are unable
to develop a local cooperative agreement by December 31, 2017, they shall be
included in an emergency communication district that is governed by a board of
directors consisting of an appointee by each public agency that was authorized
by its voters to fund a 9-1-1 system prior to the formation of the district,
one appointee elected by a majority of the remaining public agencies in the
district, and an additional appointee by the principal municipality in the
district who shall serve as chair of the board.
H. I. Unless otherwise provided by agreement, any
participating public agency that had been authorized by its voters to fund a
9-1-1 system prior to the formation of the district shall retain control of the
property, operation, and funding of its system; provided, however, the district
may contract with such participating public agency to include the agency’s
system in the district’s master implementation plan. To the extent practicable, the district shall
not duplicate the equipment or answering point services already provided by a
participating public agency. A user of
one or more communication services subject to the payment of fees or taxes for
an emergency 9-1-1 system shall not be charged for more than one such fee or
tax for each service.
I. J. An emergency communication district shall
have power to make all contracts to carry out the purposes of the Regional
Emergency 9-1-1 Services Act, purchase and convey real property, impose service
fees authorized for public agencies for the provision of 9-1-1 service, appoint
a manager of the district, and adopt rules and policies for the operation of
the district.
J. K. Within one (1) year after the effective date
of the formation of the district, the board of directors shall submit its
master plan to deliver Phase II emergency 9-1-1 service throughout its
territory to the Oklahoma 9-1-1 Management Authority for approval. The Authority shall have the power to
prescribe the terms of the plan and to approve or disapprove the master
plan. Additionally, the Authority shall
have the power to request the Tax Commission to escrow the wireless fees
attributable to the public agencies which have not submitted a master plan or
which have not complied with the terms of the master plan.
K. L. An emergency communication district shall
operate on a fiscal year beginning July 1.
It shall adopt an annual budget and cause to be prepared an independent
financial audit annually. As soon as
practicable after the end of the fiscal year, the district shall deliver to
each participating public agency an annual report showing in detail the
operations of the district.
SECTION 13.
REPEALER 63 O.S. 2021, Sections 2814 and 2815, are
hereby repealed.
SECTION 14.
This act shall become effective November 1, 2023.
Passed the House of Representatives
the 11th day of May, 2023.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 26th day of April, 2023.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________, 20_______,
at _______ o'clock _______ M.
By:
_________________________________