SB 854 - This act modifies provisions relating to emergency communication services.
MISSING PERSON REPORTS (Section 43.401) - Currently, a person may file a complaint of a missing person with a law enforcement agency. This act requires the complaint to include the name, address, and phone number of the missing person's guardian.
COOPERATION BY POLITICAL SUBDIVISIONS UNDER CONTRACT (Section 70.210) - This act modifies the definition of "political subdivision" to include any 911 or emergency services board for purposes of inter-political subdivision contracts.
EMERGENCY TELEPHONE AND DISPATCH SERVICE (Sections 190.300-190.329) - This act applies definitions relating to emergency telephone services to provisions relating to central dispatching services, and modifies the definition of "tariff rate".
Currently, Clay and Jefferson Counties may use all or part of the moneys from the emergency telephone tax for central dispatching. This act removes Jefferson County from using such moneys for central dispatching, and allows Boone County to use such moneys for central dispatching.
Currently, upon the decision to use a portion of the emergency telephone tax for central dispatching, the county commission shall appoint the initial members of a board to administer the funds and oversee emergency dispatching services. After such initial appointment, members are elected. Under this act, the county commission may appoint members of the board to administer such funds in the counties, municipalities, and other political subdivisions which have contracted for such service. The board shall consist of 7 members as set forth in this act.
Currently, board members in Christian and Scott counties shall be elected to 4 year terms at the expiration of their initial terms. Under this act, if the boards in Christian and Scott counties consolidate, the term of office for existing board members shall end on the 30th day following the appointment of the initial board of directors for the consolidated district.
Currently, any board members appointed to an emergency dispatch services board shall be elected at the expiration of their initial terms. Under this act, if the boards consolidate, the term of office for existing board members shall end on the 30th day following the appointment of the initial board of directors for the consolidated district.
AUDITS OF CONSOLIDATED DISTRICTS (Section 190.334) - Currently, the State Auditor has the authority to conduct performance and fiscal audits of any board, dispatch center, emergency communications entity, and the Missouri 911 Service Trust Fund. Under this act, the State Auditor may also perform audits of consolidated boards and consolidated central dispatch centers.
COUNTY BOARDS (Section 190.335) - Currently, if Christian, Taney, and St. Francois counties impose a county sales tax for the central dispatch of emergency services, they shall appoint the members of a board to oversee the money collected under the tax and the provision of emergency services in the county. Under this act, the board in Taney County shall have 2 county residents on the board who are not affiliated with certain specified emergency services agencies.
MISSOURI 911 SERVICE (Sections 190.400-190.470) - 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. Definitions relating to the trust fund and 911 service fees are also modified.
This act allows any county, and the cities of St. Louis and Sikeston, to impose, upon approval by a majority of the voters in the county or city, a monthly fee of up to $1.50 on a subscriber of a communications service enabled to contact 911, except for prepaid service, in lieu of a telephone service tax or a countywide sales tax. However, in order to impose a fee of more than $1, the county or city shall provide certain information to, and receive approval from, the Missouri 911 Service Board. The fee shall be paid into the Missouri 911 Service Trust Fund, minus 2% for providers, and minus 1% paid into the state's general revenue fund to cover the cost of collecting the fee. The Department of Revenue shall remit the fees it collects to the county or city on a monthly basis. Money in the fund may be used by the governing body of the county or city for answering and dispatching emergency calls.
Under this act, any proprietary information submitted by providers allowing for the fee shall only be subject to subpoena or lawful court order. 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. Further, no 911 communications service provider, or persons acting on behalf of a 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. This act also provides that there is no cause of action against a provider of a communications-related service, or those acting on behalf of a provider, for providing call location information or doing a ping locate in an emergency situation that involves danger of death or serious physical injury. Such civil and criminal liability protections also apply to sellers and providers of prepaid service.
Counties may not submit the fee, or the proposal for a county sales tax, to their voters unless the county has taken certain actions regarding the consolidation of services. The fee and the county sales tax are null and void if the county has not complied with its consolidation plan and has not been granted an extension by the Missouri 911 Service Board. Certain charter counties are exempt from the requirements. In addition, there are specified requirements for counties that have one public agency, or do not have a public agency, that provides emergency telephone service for the county. Further, Kansas City shall not submit any fee authorized under this act until the city and at least one county in which it is located enter into an agreement for equitable sharing of revenue.
This act creates a prepaid wireless emergency telephone service charge, beginning January 1, 2019, on each purchase of prepaid service that is equal to 3% 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 2019, the seller of prepaid service may retain 100% of the charges collected. Beginning February 1, 2019, the seller may retain 3% of the charges collected. The Department of Revenue shall deposit all service charges into the general revenue fund until $800,150 is collected to reimburse its direct costs of administration and collection. After such amount has been collected, all moneys collected thereafter shall be deposited into the Missouri 911 Service Trust Fund, minus 1% for continued administration and collection by the Department. The Missouri 911 Service Board shall set a rate between 25%-75% of such prepaid charges collected in charter counties to be remitted in direct proportion to the amount collected in each county. Further, the Board shall set a rate between 65%-75% of such prepaid charges collected in charter counties and St. Louis City to be remitted in direct proportion to the amount collected in each county or St. Louis City.
Under this act, any county, city, 911 board, or emergency services board may cooperate with any other county, city, 911 board, or emergency services board. In addition, 2 or more counties, cities, 911 districts, or emergency communications entities may create a joint emergency communications entity. This act prohibits the establishment of a public safety answering point operation due to a separation from another public safety answering point operation without the approval of the Missouri 911 Service Board.
Two or more 911 central dispatch centers may consolidate into one dispatch center upon a majority vote of the people. The question may be placed on the ballot by a petition signed by 10% of the number of voters in the service area who voted for Governor in the last election, or upon the passage of resolutions by each board of directors of the existing centers. Following passage of the resolution, the county commissions shall jointly meet to appoint an initial 7 person board. A permanent 7 person board shall be elected at the next municipal election. This act defines the duties and terms of the board. In addition, this act specifies that the terms of the previous board members for the individual dispatch centers end on the 30th day following the appointment of the board for the consolidated district.
The Department of Revenue is required to maintain a centralized database for the Missouri 911 Service Board that specifies the monthly fee or 911 tax imposed by each county and city.
MISSOURI 911 SERVICE BOARD (Section 650.330) - This act requires the Missouri 911 Service Board to administer and authorize grants and loans to certain counties and the City of Sikeston that can provide a 50% match to implement 911 services, promote consolidation, map all locations, ensure primary access and texting abilities, and implement initial emergency medical dispatch services. Loan and grant application criteria are set forth in this act. Additionally, this act requires the Board to develop certain application processes, set prepaid wireless charges, approve certain fees, retain certain records, and notify certain communications service providers.
Currently, no public agency or employee shall be liable for civil damages relating to giving emergency instructions through 911. This act repeals this provision.
Currently, the Commissioner of the Office of Administration may establish a fee not to exceed $0.50 per wireless telephone number per month. This act repeals this provision.
This act is substantially similar to HB 1456 (2018), and is similar to SB 233 (2017), HB 334 (2017), SB 871 (2016), SCS/SB 409 (2015), HCS/HB 714 (2015), HB 1573 (2014) and HB 653 (2013).