SB 872 Modifies provisions relating to emergency communication services
Sponsor: Wallingford Co-Sponsor(s)
LR Number: 5953S.01I Fiscal Note available
Committee: Commerce, Consumer Protection, Energy and the Environment
Last Action: 3/25/2014 - Hearing Conducted S Commerce, Consumer Protection, Energy and the Environment Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2014

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Current Bill Summary


SB 872 - This act modifies provisions relating to emergency communication services.

This act applies definitions relating to emergency telephone services to sections concerning central dispatch services.

Under current law, it is unlawful in certain counties for a person to misuse the emergency telephone service. This act makes the unlawful use provision apply to additional counties that have central dispatch services.

This act changes the name of the Wireless Service Provider Enhanced 911 Service Fund to the Missouri 911 Service Trust Fund and repeals provisions establishing the "Wireless Service Provider Enhanced 911 Advisory Board".

This act allows a county or the City of St. Louis to impose, upon approval by a majority of the voters in the county or city, a monthly fee of up to $1.50 on any device capable of contacting 911, except for prepaid customers, in lieu of a telephone service tax or a countywide sales tax. The fee is to be paid into the Missouri 911 Service Trust Fund, except, if the Department of Revenue collects the fee on behalf of a county or city, one percent of the fee is to be paid into the state's general revenue fund to cover the cost of collecting the fee. The Department of Revenue must remit the fees it collects to the county or city on a monthly basis.

This act prohibits proprietary information submitted under the section allowing for the fee to be subject to subpoena or released to anyone other than the 911 communications service provider without the express permission of the provider. General information may be released or published in aggregate amounts that do not identify numbers of subscribers or revenues attributable to an individual 911 communications service provider. In addition, this act provides that no 911 communications service provider shall be civilly or criminally liable for certain actions regarding a public safety answering point or for acts that result from the release of subscriber information to a governmental entity except for gross negligence, recklessness, or intentional misconduct. In addition, this act provides that there is no cause of action against a provider of a communications-related service for providing call location information or doing a ping locate in an emergency situation that involves danger of death or serious physical injury.

Third and fourth class counties may not submit the fee to their voters unless the county has taken certain actions regarding the consolidation of services.

This act creates a prepaid wireless emergency telephone service charge, beginning January 1, 2015, on each purchase of prepaid service that is equal to 3 percent of the purchase unless the amount of service is 10 or fewer minutes or $5 or less, in which case, the seller may elect not to apply the charge.

For the month of January in 2015, the seller of prepaid service may retain 100 percent of the charges collected. Beginning February 1, 2015, the seller may retain two percent of the charges collected.

The Department of Revenue must deposit the charges into the Missouri 911 Service Trust Fund within 30 days of receipt but may retain up to one percent of the charges to reimburse itself for the costs of administering and collecting the charges.

Ten percent of the charges must be dedicated to the Missouri Regional Poison Information Center, up to $1 million a year.

The same liability protections that apply under the fee on 911-capable devices apply to sellers and providers of prepaid service.

This act changes the name of the Advisory Committee for 911 Service Oversight to the Missouri 911 Service Board and reduces the membership of the board to 12 members rather than 16. Members currently serving on the committee may continue the remainder of their terms. This act also modifies the membership interests of the board and the board's duties.

This act is similar to HB 1573 (2014) and HB 653 (2013).

MEGHAN LUECKE