HB 3126 Senate Floor Version Outline

Section 1 – Named the “Oklahoma 9-1-1 Management Authority Act.” Creates a new section of law, 63 O.S. 2861.

Section 2 – Definitions

1. Authority – Oklahoma 9-1-1 Management Authority
2. Governing Body – local governments, combinations, public trusts and tribal authorities
3. Next Generation 9-1-1
4. 9-1-1 emergency telephone service – provides police, fire and medical, including ancillary communications and personnel (same as existing law)
5. 9-1-1 wireless telephone fee – for installation and operation of emergency telephone service
6. Place of primary use
7. Prepaid wireless telecommunications service
8. Proprietary information
9. Public agency – local governments, substates, tribes, which have the authority to provide police fire, ambulance or other emergency services.
10.Public Safety Answering Point
11.Wireless service provider
12. Wireless telecommunications connection
13. Voice over Internet Protocol (VOIP) provider

Section 3

A. Creates the Oklahoma 9-1-1 Management Authority
B. Composition
1. Tribal authority that operates 9-1-1 system – ProTem
2. Statewide org. dedicated to public safety – ProTem
3. Statewide org. dedicated to career development for ENPs – Governor
4. Oklahoma municipalities – Speaker
5. County commissioners – Governor
6. Regional councils of government – ProTem
7. CIO
8. Substate planning district – Governor
9. 2 members from municipal government with pop. Less than 100,000 – Speaker, Governor
10. Municipal government w/ pop. Between 100,000-450,000 – Governor
11. Municipal government w/ pop. Greater than 450,000 – Speaker
12. Entity created by interlocal agreement w/ municipal governments w/ pop. less than 450,000. – Governor
13. Entity created by interlocal agreement w/ municipal governments w/ pop. greater than 450,000. – ProTem
14. 9-1-1 coordinator for county w/ pop. less than 20,000 – Speaker
15. 9-1-1 coordinator for county w/ pop. greater than 20,000 – ProTem
16. 9-1-1 Coordinator for county – Governor
17. Local exchange telecommunications service provider serving less than 50,000 – ProTem
18. Local exchange telecommunications service provider serving more than 50,000 – Speaker
19. Tier I wireless carrier – Speaker
20. Tier II wireless carrier – Speaker
21. Tier III wireless carrier – ProTem
22. Telephone industry representative – ProTem
23. Oklahoma Secretary of Safety and Security

C. Members serve at the pleasure of their appointing authority
D. No compensation
E. Election of chair, meetings at call of the chair
F. Subject to Open Records and Open Meetings Acts
G. Oklahoma Department of Emergency Management shall provide legal, administrative, fiscal and staff support. Expenses to provide such shall be paid out of the revolving fund, upon approval of the members of the Authority.
H. Members on the Statewide 9-1-1 Advisory Board shall serve as members of the Authority unless replaced.

Section 4 – Powers of the Authority

1. Approve/disapprove selection of 9-1-1 Coordinator who shall administer grants and do other duties deemed necessary.
2. Prepare grant solicitations for funding consolidations, deployment of Phase II, NG911 or other purposes.
3. Work with ODEM to create annual budget which will be approved by the Authority.
4. Direct Oklahoma Tax Commission to escrow all or a part of fees if the public agency fails to:
a. submit or comply with a master plan to deliver Phase II service
b. meet NENA standards regarding call-taking and caller location technology, or comply with an improvement plan
c. Submit annual report or audit
d. Comply with this act or the procedures established by the Authority.
5. Establish the annual population figure for the Oklahoma Tax Commission
6. Assist agencies that are performing below standards regarding call taking or caller location technology. Establish a time period to come into compliance.
Improvement plans contents – can include recommendations for consolidation, equipment and technology sharing.
7. Require an annual report from agencies re operations and financing. Can require modification of reports, or can reject reports.
8. Conduct and review audits of financial records of wireless service providers and public agencies.
9. Develop a plan to deploy NG911. Can use funds for a study.
10. Facilitate information sharing
11. Create best practices database
12. Encourage equipment and technology sharing
13. Develop training program standards for call takers
14. Mediate disputes
15. Provide clearinghouse of contact information
16. Make nonbinding recommendations for consolidation.
17. Take any step necessary to carry out the act.

Section 5

A. $.75 fee assessed beginning January 1, 2017, on each
1. Wireless telephone connection, monthly
2. VOIP connection, monthly
3. Prepaid wireless transaction, per transaction.
4. Rules for when prepaid retail transactions occur in the state.
B. Not applicable to landline
C. $.75 replaces locally assessed wireless, prepaid and VOIP fees.
D. $.05 of the fee shall be deposited in the 9-1-1 Management Authority Revolving Fund. Funds can be used for the 9-1-1 Coordinator salary and any administrative staff, operations of the authority and cost of administration of the act, and for grants.

Section 6

A. The wireless and VOIP fees shall be paid to the OTC not later than 20th day of the month succeeding the month of collection.

B. From wireless and VOIP fees, 1% may be retained by the wireless service or VOIP provider, 1% may be retained by the Tax Commission.
C. The subscriber is liable for the fee until it has been paid to the wireless service
D. Fees are to be separately stated in the billing.
E. Wireless Service Provider or VOIP provider have no obligation to take legal action to collect.
F. Fee shall be collected with the charges.
G. Wireless and VOIP providers can recover their own costs for deploying the service.
H. Providers to maintain records for 3 years. State Auditor and Inspector, the 9-1-1 Management Authority or the affected public agency may audit.
I. Providers shall provide an annual census to the 9-1-1 Management Authority.
J. Proprietary information shall not be subject to disclosure.

Section 7

A. Prepaid transactions fees shall be paid to the OTC in a manner similar to sales tax.
B. 3% may be retained by the seller and 1% by the OTC.
C. The prepaid fee shall be collected by the retailer for each transaction occurring in this state. Separately state fee on invoice.
D. The fee is the liability of the consumer and not the seller.
E. Shall be separately stated and not included in the base for calculating taxes or surcharges.

Section 8

A. Public agencies shall use the funds for services, equipment and operations related to 9-1-1 emergency telephone systems.
B. Fees shall be deposited in a separate 9-1-1 account. Monies in the revolving account shall not be monies of the state.
C. If the public agency has failed to deploy Phase II service or failed to deliver service consistent with NENA standards, the agency shall submit an improvement plan to the authority. The Authority may escrow fees of public agencies that have not submitted or complied with improvement plans.
D. The public agency shall conduct an annual audit either separately or as a part of the municipal or county audit. SAI may conduct the audit at the discretion of the public agency. The cost of the audit may be paid from the fees. Proprietary information shall remain confidential.
E. Public agencies shall be required to annually submit to the Authority:
1. A report covering the operations and financing
2. A copy of the most recent annual audit showing all expenses relating to the 9-1-1 emergency telephone system.
F. The Authority shall have the power to review, approve, submit for further information or deny approval of the annual report. Failure to submit or denial of the report may cause the Authority to escrow the fees until the agency complies.
G. The governing body of the agency shall meet at least quarterly.
H. Governing bodies of the public agencies shall be subject to the Open Records and Open Meetings act.

Section 9

Creation of the Oklahoma 9-1-1 Management Authority Revolving Fund.

Section 10

No person shall call 9-1-1 to make a knowingly false alarm. Fine and punishment.

Section 11

A. Regional Emergency 9-1-1 Services Act amendments.
B. Purpose is to encourage the formation of emergency communication districts.
C. This act shall not apply to 9-1-1 systems or agencies established prior to January 1, 2017 that has adopted Phase II service by that date.
D. Definitions
1. District – emergency communication district
2. Emergency Communication District – district formed pursuant to this act to deliver 9-1-1 services on a regional basis.
3. 9-1-1 system
4. Participating public agency – those included in the district
5. Principal municipality – the one with the largest population
6. Public agency local governments, public trusts, substate and tribe
E. On or before December 31, 2017 all public agencies in this state shall form a regional emergency communication district. The territorial boundaries are the boundaries of the sub state planning district unless the Management Authority approves a different boundary.
F. The public agencies in each district may enter into a local cooperative agreement and establish a governance structure.
G. If the public agencies are unable to develop a local cooperative agreement, then they shall be governed by a board of directors as specified here.
H. Any public agency that has voted the wireless fee shall retain control over its property, provided, however, they can contract with others to include them in their agency master plan.
I. The district shall have the power to enter into contracts, purchase property and take other steps to carry out the purposes of the act.
J. Within 1 year after the formation of the district, the board of directors shall submit a master plan to deliver Phase II service to the 9-1-1 Management Authority for approval. The Authority can approve, or disapprove, including the power to escrow the fee at the OTC.
K. Fiscal year for the district shall begin July 1. It shall adopt an annual budget and submit to an annual audit.

Section 12

The Oklahoma Department of Emergency Management may make rules to implement the act.

Section 13

Recodification. Changes the statute numbers for false alarms and the Regional Emergency District Act.

Section 14

Repeal. 1 section of the 9-1-1 Emergency Number Act; the 9-1-1 Wireless Emergency Number Act, The state advisory board authorizing statute, VOIP fee.

Section 15

The Act, except the fee becomes effective November 1, 2016.

Section 16

The fee becomes effective January 1, 2017.

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