Bill Text: MO HB1573 | 2014 | Regular Session | Engrossed
Bill Title: Changes the laws regarding 911 emergency communications services
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2014-05-07 - Executive Session Held (S) - SCS VOTED DO PASS [HB1573 Detail]
Download: Missouri-2014-HB1573-Engrossed.html
SECOND REGULAR SESSION
[PERFECTED]
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES LAUER (Sponsor), DIEHL, GATSCHENBERGER, ROORDA, KOLKMEYER, REIBOLDT, PHILLIPS, ROWLAND, JUSTUS, MAYFIELD, HIGDON, BROWN, RIZZO, BLACK, FITZWATER AND LAFAVER (Co-sponsors).
4151H.01P D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 70.210, 92.077, 190.105, 190.300, 190.308, 190.400, 190.410, 190.420, 190.430, 190.440, 650.320, 650.325, 650.330, and 650.340, RSMo, and to enact in lieu thereof fourteen new sections relating to emergency communications service, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 70.210, 92.077, 190.105, 190.300, 190.308, 190.400, 190.410, 190.420, 190.430, 190.440, 650.320, 650.325, 650.330, and 650.340, RSMo, are repealed and fourteen new sections enacted in lieu thereof, to be known as sections 70.210, 92.077, 190.105, 190.300, 190.308, 190.400, 190.420, 190.450, 190.451, 190.455, 650.320, 650.325, 650.330, and 650.340, to read as follows:
70.210. As used in sections 70.210 to 70.320, the following terms mean:
(1)"Governing body", the board, body or persons in which the powers of a municipality or political subdivision are vested;
(2)"Municipality", municipal corporations, political corporations, and other public corporations and agencies authorized to exercise governmental functions;
(3) "Political subdivision", counties, townships, cities, towns, villages, school, county library, city library, city-county library, road, drainage, sewer, levee and fire districts, soil and water conservation districts, watershed subdistricts, county hospitals, [and] any board of control of an art museum, any 911 or emergency services board authorized in chapter 190 or in section 321.243, and any other public subdivision or public corporation having the power to tax.
92.077. As used in sections 92.074 to 92.095, unless the context clearly requires otherwise, the following terms mean:
(1) "Business license tax", any tax, including any fee, charge, or assessment in the nature of a tax, assessed by a municipality on a telecommunications company for the privilege of doing business within the borders of such municipality, and specifically includes any tax assessed on a telecommunications company by a municipality under section 66.300 and section 80.090, section 92.073, section 94.110, 94.270, or 94.360, or under authority granted in its charter, as well as an occupation license tax, gross receipts tax, franchise tax, or similar tax, but shall not include:
(a) Any state or municipal sales tax imposed under sections 144.010 to 144.525; or
(b) Any municipal right-of-way usage fee imposed under the authority of a municipality's police powers under Section 253(c) of the Federal Telecommunications Act of 1996, or under sections 67.1830 to 67.1846; or
(c) Any tax or fee levied for emergency services under section 190.292, 190.305, 190.325, or 190.335, [or 190.430,] or any tax authorized by the general assembly after August 28, 2005, for emergency services;
(d) Any flat tax duly imposed on or before August 28, 2005;
(2) "Director", the director of the department of revenue;
(3) "Municipal", of or relating to a municipality;
(4) "Municipality", any city, county, town, or village in Missouri entitled by authority of section 66.300, section 80.090, section 92.073, section 94.110, 94.270, or 94.360, or under authority granted in its charter to assess a business license tax on telecommunications companies;
(5) "Telecommunications company", any company doing business in this state that provides telecommunications service;
(6) "Telecommunications service", the same meaning as such term is defined in section 144.010. The term telephone company, as used in sections 94.110, 94.270, and 94.360, shall have the same meaning as telecommunications company as defined in this section.
190.105. 1. No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise be engaged in or profess to be engaged in the business or service of the transportation of patients by ambulance in the air, upon the streets, alleys, or any public way or place of the state of Missouri unless such person holds a currently valid license from the department for an ambulance service issued pursuant to the provisions of sections 190.001 to 190.245.
2. No ground ambulance shall be operated for ambulance purposes, and no individual shall drive, attend or permit it to be operated for such purposes in the state of Missouri unless the ground ambulance is under the immediate supervision and direction of a person who is holding a currently valid Missouri license as an emergency medical technician. Nothing in this section shall be construed to mean that a duly registered nurse or a duly licensed physician be required to hold an emergency medical technician's license. Each ambulance service is responsible for assuring that any person driving its ambulance is competent in emergency vehicle operations and has a safe driving record. Each ground ambulance shall be staffed with at least two licensed individuals when transporting a patient, except as provided in section 190.094. In emergency situations which require additional medical personnel to assist the patient during transportation, a first responder, firefighter, or law enforcement personnel with a valid drivers’ license and prior experience with driving emergency vehicles may drive the ground ambulance provided the ground ambulance service stipulates to this practice in operational policies.
3. No license shall be required for an ambulance service, or for the attendant of an ambulance, which:
(1) Is rendering assistance in the case of an emergency, major catastrophe or any other unforeseen event or series of events which jeopardizes the ability of the local ambulance service to promptly respond to emergencies; or
(2) Is operated from a location or headquarters outside of Missouri in order to transport patients who are picked up beyond the limits of Missouri to locations within or outside of Missouri, but no such outside ambulance shall be used to pick up patients within Missouri for transportation to locations within Missouri, except as provided in subdivision (1) of this subsection.
4. The issuance of a license pursuant to the provisions of sections 190.001 to 190.245 shall not be construed so as to authorize any person to provide ambulance services or to operate any ambulances without a franchise in any city not within a county or in a political subdivision in any county with a population of over nine hundred thousand inhabitants, or a franchise, contract or mutual-aid agreement in any other political subdivision which has enacted an ordinance making it unlawful to do so.
5. Sections 190.001 to 190.245 shall not preclude the adoption of any law, ordinance or regulation not in conflict with such sections by any city not within a county, or at least as strict as such sections by any county, municipality or political subdivision except that no such regulations or ordinances shall be adopted by a political subdivision in a county with a population of over nine hundred thousand inhabitants except by the county's governing body.
6. In a county with a population of over nine hundred thousand inhabitants, the governing body of the county shall set the standards for all ambulance services which shall comply with subsection 5 of this section. All such ambulance services must be licensed by the department. The governing body of such county shall not prohibit a licensed ambulance service from operating in the county, as long as the ambulance service meets county standards.
7. An ambulance service or vehicle when operated for the purpose of transporting persons who are sick, injured, or otherwise incapacitated shall not be treated as a common or contract carrier under the jurisdiction of the Missouri division of motor carrier and railroad safety.
8. Sections 190.001 to 190.245 shall not apply to, nor be construed to include, any motor vehicle used by an employer for the transportation of such employer's employees whose illness or injury occurs on private property, and not on a public highway or property, nor to any person operating such a motor vehicle.
9. A political subdivision that is authorized to operate a licensed ambulance service may establish, operate, maintain and manage its ambulance service, and select and contract with a licensed ambulance service. Any political subdivision may contract with a licensed ambulance service.
10. Except as provided in subsections 5 and 6, nothing in section 67.300, or subsection 2 of section 190.109, shall be construed to authorize any municipality or county which is located within an ambulance district or a fire protection district that is authorized to provide ambulance service to promulgate laws, ordinances or regulations related to the provision of ambulance services. This provision shall not apply to any municipality or county which operates an ambulance service established prior to August 28, 1998.
11. Nothing in section 67.300 or subsection 2 of section 190.109 shall be construed to authorize any municipality or county which is located within an ambulance district or a fire protection district that is authorized to provide ambulance service to operate an ambulance service without a franchise in an ambulance district or a fire protection district that is authorized to provide ambulance service which has enacted an ordinance making it unlawful to do so. This provision shall not apply to any municipality or county which operates an ambulance service established prior to August 28, 1998.
12. No provider of ambulance service within the state of Missouri which is licensed by the department to provide such service shall discriminate regarding treatment or transportation of emergency patients on the basis of race, sex, age, color, religion, sexual preference, national origin, ancestry, handicap, medical condition or ability to pay.
13. No provision of this section, other than subsections 5, 6, 10 and 11 of this section, is intended to limit or supersede the powers given to ambulance districts pursuant to this chapter or to fire protection districts pursuant to chapter 321, or to counties, cities, towns and villages pursuant to chapter 67.
14. Upon the sale or transfer of any ground ambulance service ownership, the owner of such service shall notify the department of the change in ownership within thirty days of such sale or transfer. After receipt of such notice, the department shall conduct an inspection of the ambulance service to verify compliance with the licensure standards of sections 190.001 to 190.245.
190.300. As used in sections 190.300 to [190.320] 190.340, the following terms and phrases mean:
(1) "Emergency telephone service", a telephone system utilizing a single three digit number "911" for reporting police, fire, medical or other emergency situations;
(2) "Emergency telephone tax", a tax to finance the operation of emergency telephone service;
(3) "Exchange access facilities", all facilities provided by the service supplier for local telephone exchange access to a service user;
(4) "Governing body", the legislative body for a city, county or city not within a county;
(5) "Person", any individual, firm, partnership, copartnership, joint venture, association, cooperative organization, corporation, municipal or private, and whether organized for profit or not, state, county, political subdivision, state department, commission, board, bureau or fraternal organization, estate, trust, business or common law trust, receiver, assignee for the benefit of creditors, trustee or trustee in bankruptcy, or any other service user;
(6) "Public agency", any city, county, city not within a county, municipal corporation, public district or public authority located in whole or in part within this state which provides or has authority to provide fire fighting, law enforcement, ambulance, emergency medical, or other emergency services;
(7) "Service supplier", any person providing exchange telephone services to any service user in this state;
(8) "Service user", any person, other than a person providing pay telephone service pursuant to the provisions of section 392.520 not otherwise exempt from taxation, who is provided exchange telephone service in this state;
(9) "Tariff rate", the rate or rates billed by a service supplier to a service user as stated in the service supplier's tariffs, contracts, service agreements, or similar documents governing the provision of the service, [approved by the Missouri public service commission] which represent the service supplier's recurring charges for exchange access facilities or their equivalent, exclusive of all taxes, fees, licenses or similar charges whatsoever.
190.308. 1. In any county that has established an emergency telephone service pursuant to sections 190.300 to [190.320] 190.340, it shall be unlawful for any person to misuse the emergency telephone service. For the purposes of this section, "emergency" means any incident involving danger to life or property that calls for an emergency response dispatch of police, fire, EMS or other public safety organization, "misuse the emergency telephone service" includes, but is not limited to, repeatedly calling the "911" for nonemergency situations causing operators or equipment to be in use when emergency situations may need such operators or equipment and "repeatedly" means three or more times within a one-month period.
2. Any violation of this section is a class B misdemeanor.
3. No political subdivision shall impose any fine or penalty on the owner of a pay telephone or on the owner of any property upon which a pay telephone is located for calls to the emergency telephone service made from the pay telephone. Any such fine or penalty is hereby void.
190.400. As used in sections 190.400 to [190.440] 190.451, the following words and terms shall mean:
(1) ["911", the primary emergency telephone number within the wireless system;
(2) "Board", the wireless service provider enhanced 911 advisory board;
(3)] "Communications service", any service that:
(a) Uses telephone numbers or IP addresses or their functional equivalents or successors;
(b) Allows access to, or a connection or interface with, a 911 system through the activation or enabling of a device, transmission medium, or technology that is used by a customer to dial, initialize, or otherwise activate the 911 system, regardless of the particular device, transmission medium, or technology employed;
(c) Provides or enables real time or interactive communications, other than machine to machine communications; and
(d) Is available to a prepaid user or a standard user.
The term includes, but is not limited to, the following:
(a) Internet protocol enabled services and applications that are provided through wireline, cable, wireless, or satellite facilities, or any other facility or platform that is capable of connecting a 911 communication to a public safety answering point;
(b) A multiline telephone system;
(c) Commercial mobile radio service;
(d) Interconnected voice over internet protocol service and voice over power lines; and
(e) Integrated telecommunications service.
(2) "Public safety agency", a functional division of a public agency which provides fire fighting, police, medical or other emergency services. For the purpose of providing wireless service to users of 911 emergency services, as expressly provided in this section, the department of public safety and state highway patrol shall be considered a public safety agency;
[(4)] (3) "Public safety answering point", the location at which 911 calls are [initially] answered;
[(5)] (4) "Wireless service provider", a provider of commercial mobile service pursuant to Section 332(d) of the Federal Telecommunications Act of 1996 (47 U.S.C. Section 151 et seq).
190.420. 1. There is hereby established a special trust fund to be known as the "[Wireless Service Provider Enhanced] Missouri 911 Service Trust Fund". All fees collected pursuant to sections 190.400 to [190.440] 190.451 by wireless service providers shall be remitted to the director of the department of revenue.
2. The director of the department of revenue shall deposit such payments into the [wireless service provider enhanced] Missouri 911 service trust fund. Moneys in the fund shall be used for the purpose of reimbursing expenditures actually incurred in the implementation and operation of the [wireless service provider enhanced] Missouri 911 [system] systems.
3. Any unexpended balance in the fund shall be exempt from the provisions of section 33.080, relating to the transfer of unexpended balances to the general revenue fund, and shall remain in the fund. Any interest earned on the moneys in the fund shall be deposited into the fund.
4. The moneys in the trust fund shall not be deemed to be state funds and shall not be commingled with any funds of the state. The director of revenue shall keep accurate records of the amount of money in the trust fund which was collected in each county, city not within a county, or home rule city with more than fifteen thousand but fewer than seventeen thousand inhabitants and partially located in any county of the third classification without a township form of government and with more than thirty-seven thousand but fewer than forty-one thousand inhabitants under sections 190.400 to 190.451, and the records shall be open to the inspection of officers of a participating county, city not within a county, or home rule city and the public.
190.450. 1. Except as provided under subsections 9 and 10 of this section, in lieu of the tax levy authorized under section 190.305 or the sales tax imposed under section 190.335, the governing body of any county, city not within a county, or home rule city with more than fifteen thousand but fewer than seventeen thousand inhabitants and partially located in any county of the third classification without a township form of government and with more than thirty-seven thousand but fewer than forty-one thousand inhabitants may impose, by order or ordinance, a monthly fee on any communications service capable of contacting 911. The fee authorized in this section shall not exceed one dollar and fifty cents per any such communications service capable of contacting 911 and shall be imposed solely for the purpose of funding 911 service in such county, city not within a county, or home rule city. The fee authorized in this section shall be in addition to all other taxes and fees imposed by law and shall be stated separately from all other charges and taxes.
2. No such order or ordinance adopted under this section shall become effective unless the governing body of the county, city not within a county, or home rule city submits to the voters residing within the county, city not within a county, or home rule city at a state general, primary, or special election a proposal to authorize the governing body to impose a fee under this section. The question submitted shall be in substantially the following form:
"Shall (insert name of county, city not within a county, or home rule city) impose a monthly fee of (insert amount) per any communications service capable of contacting 911 for the purpose of funding 911 service in the (county, city not within a county, or home rule city)?"
If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the question, then the fee shall become effective on the first day of the second calendar quarter after the director of revenue receives notification of adoption of the fee. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the question, then the fee shall not become effective unless and until the question is resubmitted under this section to the qualified voters and such question is approved by a majority of the qualified voters voting on the question.
3. The director of revenue shall maintain a centralized database which shall be made available to providers, specifying the current monthly fee imposed by each county, city not within a county, or home rule city updated no less than sixty days prior to the effective date of any changes.
4. Except as modified in this section, all provisions of sections 32.085 and 32.087 shall apply to the fee imposed under this section.
5. All revenue collected under this section by the director of the department of revenue on behalf of the county, city not within a county, or home rule city, except for two percent to be withheld by the provider for the cost of administering the collection and remittance of the fee and one percent for the cost of collection which shall be deposited in the state's general revenue fund, shall be deposited in the Missouri 911 service trust fund created in section 190.420. The director of the department of revenue shall remit such funds to the county, city not within a county, or home rule city on a monthly basis. The governing body of any such county, city not within a county, or home rule city shall control such funds remitted to the county, city not within a county, or home rule city unless the county, city not within a county, or home rule city has established an elected board for the purpose of administering such funds. In the event that any county, city not within a county, or home rule city has established a board under any other provision of state law for the purpose of administering funds for 911 service, such existing board may continue to perform such functions after the county, city not within a county, or home rule city has adopted the monthly fee under this section.
6. Notwithstanding any other provision of law to the contrary, no proprietary information submitted under this section shall be subject to subpoena or otherwise released to any person other than to the submitting 911 communications service provider without the express permission of such 911 communications service provider. General information collected under this section shall only be released or published in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual 911 communications service provider.
7. Notwithstanding any other provision of law to the contrary, in no event shall any 911 communications service provider, its officers, employees, assigns, or agents be liable for any form of civil damages or criminal liability that directly or indirectly result from, or is caused by, an act or omission in the development, design, installation, operation, maintenance, performance, or provision of a public safety answering point, or that directly or indirectly result from, or is caused by, the release of subscriber information to any governmental entity as required under this section unless such acts, release of subscriber information, or omissions constitute gross negligence, recklessness, or intentional misconduct. No cause of action shall lie in any court of law against any provider of telecommunications service, commercial mobile service, or other communications-related service, or its officers, employees, agents, or other persons acting on behalf of them, for providing call location information concerning the user of any such service in an emergency situation to a law enforcement official or agency in order to respond to a call for emergency service by a subscriber, customer, or user of such service or for providing caller location information or doing a ping locate in an emergency situation that involves danger of death or serious physical injury to any person where disclosure of communications relating to the emergency is required without delay, whether such providing of information is required by law or voluntary.
8. The fee imposed under this section shall not be imposed on customers who pay for service prospectively, known as prepaid wireless telecommunications service customers.
9. The fee imposed under this section shall not be imposed in conjunction with any tax imposed under section 190.305 or 190.335. No county, city not within a county, or home rule city shall simultaneously impose more than one tax authorized in this section, section 190.305, or section 190.335.
10. No county of the third or fourth classification shall submit a proposal to the voters of the county under this section until either:
(1) All providers of emergency telephone service as defined in section 190.300 and public safety answering point operations within the county are consolidated into one public agency as defined in section 190.300 that provides emergency telephone service for the county;
(2) The county develops a plan for consolidation of emergency telephone service as defined in section 190.300 and public safety answering point operations within the county are consolidated into one public agency as defined in section 190.300 that provides emergency telephone service for the county; or
(3) The county develops a plan for consolidation of emergency telephone service as defined in section 190.300 and public safety answering point operations within the county that includes either consolidation or entering into a shared services agreement for such services, which shall be implemented on approval of the fee by the voters. The plan shall be filed with the Missouri 911 service board under subsection 4 of section 650.330. The director of the department of revenue shall not remit any funds as provided under this section until it receives notification from the board that the county has filed a plan that is ready for implementation.
11. Each county of the third classification that does not have a public agency as defined in section 190.300 that provides emergency telephone service as defined in section 190.300 for the county shall either:
(1) Enter into a shared services agreement for providing emergency telephone services with a public agency that provides emergency telephone service if such an agreement is feasible; or
(2) Form an emergency telephone services district in conjunction with any adjoining county with a public agency that provides emergency telephone service within such adjoining county. If such a district is formed under this subdivision, the governing body of such district shall be the county commissioners of each county within the district, and each county within such district shall submit to the voters of the county a proposal to impose the fee under this section.
12. A county of the third classification operating joint or shared emergency telephone service as defined in section 190.300 may submit to the voters of the county a proposal to impose the fee to support joint operations and further consolidation under this section.
13. All 911 fees shall be imposed as provided in the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sections 116 through 124, as amended.
190.451. 1. As used in this section, the following terms mean:
(1) "Board", the Missouri 911 service board established under section 650.325;
(2) "Consumer", a person who purchases prepaid wireless telecommunications service in a retail transaction;
(3) "Department", the department of revenue;
(4) "Prepaid wireless telecommunications service", a wireless telecommunications service that allows a caller to dial 911 to access the 911 system and which service shall be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount;
(5) "Provider", a person or business that provides prepaid wireless telecommunications service under a license issued by the Federal Communications Commission;
(6) "Retail transaction", the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. The purchase of more than one item that provides prepaid wireless telecommunication service, when such items are sold separately, constitutes more than one retail transaction;
(7) "Seller", a person who sells prepaid wireless telecommunications service to another person;
(8) "Wireless telecommunications service", commercial mobile radio service as defined by Section 20.3 of Title 47 of the Code of Federal Regulations, as amended.
2. (1) Beginning January 1, 2015, there is hereby imposed a prepaid wireless emergency telephone service charge on each retail transaction. The amount of such charge shall be equal to three percent of each retail transaction. However, if a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single non-itemized price, then the seller may elect not to apply such service charge to such transaction. For purposes of this subdivision, an amount of service denominated as ten or fewer minutes, or five dollars or less is minimal.
(2) The prepaid wireless emergency telephone service charge shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the prepaid wireless emergency telephone service charge shall be either separately stated on an invoice, receipt, or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer.
(3) For purposes of this subsection, 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; and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state under state law.
(4) The prepaid wireless emergency telephone service charge 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 charges that the seller is deemed to collect where the amount of the charge has not been separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller.
(5) The amount of the prepaid wireless emergency telephone service charge that is collected by a seller from a consumer, if such amount is separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this state, any political subdivision of this state, or any intergovernmental agency.
3. (1) Prepaid wireless emergency telephone service charges collected by sellers shall be remitted to the department at the times and in the manner provided by state law with respect to the sales and use taxes. The department shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply under state law.
(2) Beginning on January 1, 2015 and ending on January 31, 2015, when a consumer purchases prepaid wireless telecommunications service in a retail transaction from a seller under this section, the seller shall be allowed to retain one hundred percent of the prepaid wireless emergency telephone service charges that are collected by the seller from the consumer. Beginning on February 1, 2015, a seller shall be permitted to deduct and retain two percent of prepaid wireless emergency telephone service charges that are collected by the seller from consumers.
(3) The department shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction which procedures shall substantially coincide with the procedures for documenting sale for resale transactions for sales and use purposes under state law.
(4) The department shall deposit all remitted prepaid wireless emergency telephone service charges into the Missouri 911 service trust fund created in section 190.420 within thirty days of receipt for use by the board. The department may deduct an amount not to exceed one percent of collected charges to be retained by the department to reimburse its direct costs of administering the collection and remittance of prepaid wireless emergency telephone service charges.
(5) Ten percent of remitted prepaid wireless emergency telephone service charges deposited in the Missouri 911 service trust fund less the deduction authorized in subdivision (4) of this subsection shall be dedicated to the Missouri regional poison information center established in section 190.353. The amount allocated under this subdivision shall not exceed one million dollars in any twelve-month period, nor shall the Missouri regional poison information center receive more than one million dollars from the Missouri 911 service trust fund in any one calendar year under this subdivision.
Any amount that would be allocated under this subdivision in excess of one million dollars in any twelve month period or any calendar year shall be retained in the Missouri 911 service trust fund.
(6) The board shall set a rate between twenty-five and fifty percent of the prepaid wireless emergency telephone service charges deposited in the Missouri 911 service trust fund less the deductions authorized in subdivisions (4) and (5) of this subsection that shall be remitted to the counties, city not within a county, or home rule city with more than fifteen thousand but fewer than seventeen thousand inhabitants and partially located in any county of the third classification without a township form of government and with more than thirty-seven thousand but fewer than forty-one thousand inhabitants in direct proportion to the amount of charges collected in each county, city not within a county, or home rule city. The initial percentage rate set by the board may be adjusted after five years and thereafter the rate may be adjusted every two years.
(7) Any amounts received by a county, city not within a county, or home rule city under subdivision (6) of this subsection shall be used only for purposes authorized in sections 190.305 and 190.335.
4. (1) A seller that is not a provider shall be entitled to the immunity and liability protections under section 190.450, notwithstanding any requirement in state law regarding compliance with Federal Communications Commission Order 05-116.
(2) A provider shall be entitled to the immunity and liability protections under section 190.450.
(3) In addition to the protection from liability provided in subdivisions (1) and (2) of this subsection, each provider and seller shall be entitled to the further protection from liability, if any, that is provided to providers and sellers of wireless telecommunications service that is not prepaid wireless telecommunications service under section 190.450.
5. The prepaid wireless emergency telephone service charge imposed by this section shall be in addition to any other tax, fee, surcharge, or other charge imposed by this state, any political subdivision of this state, or any intergovernmental agency for 911 funding purposes.
190.455. Any county or 911 or emergency services board established under chapter 190 or under section 321.243 may contract and cooperate with any other county or 911 or emergency services board established under chapter 190 or under section 321.243 as provided in sections 70.210 to 70.320. Any contracting counties or boards may seek assistance and advice from the Missouri 911 service board established in section 650.325 regarding terms of the joint contract and the administration and operation of the contracting counties and boards.
650.320. For the purposes of sections 650.320 to 650.340, the following terms mean:
(1) ["Committee"] "Board", the [advisory committee for] Missouri 911 service [oversight] board established in section 650.325;
(2) "Public safety answering point", the location at which 911 calls are [initially] answered;
(3) "Telecommunicator", any person employed as an emergency telephone worker, call taker or public safety dispatcher whose duties include receiving, processing or transmitting public safety information received through a 911 public safety answering point.
650.325. There is hereby established within the department of public safety the ["Advisory Committee for 911 Service Oversight"] "Missouri 911 Service Board" which is charged with assisting and advising the state in ensuring the availability, implementation and enhancement of a statewide emergency telephone number common to all jurisdictions through research, planning, training and education. The [committee for 911 service oversight] board shall represent all entities and jurisdictions before appropriate policy-making authorities and the general assembly and shall strive toward the immediate access to emergency services for all citizens of this state.
650.330. 1. The [committee for 911 service oversight] board shall consist of [sixteen] thirteen members, one of which shall be chosen from the department of public safety [who shall serve as chair of the committee and only vote in the instance of a tie vote among the other members], and the other members shall be selected as follows:
(1) One member chosen to represent an association domiciled in this state whose primary interest relates to [counties] municipalities;
(2) One member chosen to represent the Missouri [public service commission] 911 directors association;
(3) One member chosen to represent emergency medical services and physicians;
(4) One member chosen to represent an association with a chapter domiciled in this state whose primary interest relates to a national emergency number;
(5) One member chosen to represent an association whose primary interest relates to issues pertaining to fire chiefs;
(6) One member chosen to represent an association with a chapter domiciled in this state whose primary interest relates to issues pertaining to public safety communications officers;
(7) One member chosen to represent an association whose primary interest relates to issues pertaining to police chiefs;
(8) [One member chosen to represent a league or association domiciled in this state whose primary interest relates to issues pertaining to municipalities;
(9)] One member chosen to represent an association domiciled in this state whose primary interest relates to issues pertaining to sheriffs;
[(10)] (9) One member chosen to represent [911 service providers in] counties [of the second, third and fourth classification;
(11) One member chosen to represent 911 service providers in counties of the first classification, with and without charter forms of government, and cities not within a county];
[(12)] (10) One member chosen to represent telecommunications service providers [with at least one hundred thousand access lines located within Missouri];
[(13)] (11) One member chosen to represent wireless telecommunications service providers [with less than one hundred thousand access lines located within Missouri;
(14) One member chosen to represent a professional association of physicians who conduct with emergency care; and
(15) One member chosen to represent the general public of Missouri who represents an association whose primary interest relates to education and training, including that of 911, police and fire dispatchers] ; and
(12) One member chosen to represent voice over internet protocol service providers.
2. Each of the members of the [committee for 911 service oversight] board shall be appointed by the governor with the advice and consent of the senate for a term of four years; except that, of those members first appointed, four members shall be appointed to serve for one year, four members shall be appointed to serve for two years, four members shall be appointed to serve for three years and four members shall be appointed to serve for four years. Members of the committee may serve multiple terms.
3. The [committee for 911 service oversight] board shall meet at least quarterly at a place and time specified by the chairperson of the committee and it shall keep and maintain records of such meetings, as well as the other activities of the committee. Members shall not be compensated but shall receive actual and necessary expenses for attending meetings of the committee.
4. The [committee for 911 service oversight] board shall:
(1) Organize and adopt standards governing the committee's formal and informal procedures;
(2) Provide recommendations for primary answering points and secondary answering points on [statewide] technical and operational standards for 911 services;
(3) Provide recommendations to public agencies concerning model systems to be considered in preparing a 911 service plan;
(4) Provide requested mediation services to political subdivisions involved in jurisdictional disputes regarding the provision of 911 services, except that [such committee] the board shall not supersede decision-making authority of local political subdivisions in regard to 911 services;
(5) Provide assistance to the governor and the general assembly regarding 911 services;
(6) Review existing and proposed legislation and make recommendations as to changes that would improve such legislation;
(7) Aid and assist in the timely collection and dissemination of information relating to the use of a universal emergency telephone number;
(8) Perform other duties as necessary to promote successful development, implementation and operation of 911 systems across the state, including monitoring federal and industry standards being developed for next generation 911 systems; [and]
(9) [Advise the department of public safety on establishing rules and regulations necessary to administer the provisions of sections 650.320 to 650.340] Elect the chair from its membership;
(10) Designate a state 911 coordinator;
(11) Apply for and receive grants from federal, private, and other sources;
(12) Administer and authorize grants and loans to counties, that demonstrate a commitment to improving 911. The purpose of grants and loans from the 911 service trust fund shall include:
(a) Implementation of 911 services in counties of the state where services do not exist;
(b) Promotion of consolidation where appropriate;
(c) Mapping and addressing all county locations;
(d) Ensuring primary access and texting abilities to 911 services for disabled residents;
(e) Implementation of initial emergency medical dispatch services including pre-arrival medical instructions in counties where those services are not offered as of July 1, 2014;
(13) Develop an application process including reporting and accountability requirements, withholding a portion of the grant until completion of a project and other measures to assure funds are used in accordance with the law and purpose of the grant, then conduct audits as deemed necessary;
(14) Report to the governor and the general assembly at least every five years on the status of 911 services statewide as well as specific efforts to improve efficiency, cost effectiveness, and levels of service;
(15) Conduct a survey at least every five years of public safety answering points in Missouri to evaluate potential for improved services, coordination, and feasibility of consolidation;
(16) Set a rate between twenty-five and fifty percent of the prepaid wireless emergency telephone service charges deposited in the Missouri 911 service trust fund less the deductions authorized in subdivisions (4) and (5) of subsection 3 of section 190.451 that shall be remitted to the counties in direct proportion to the amount of prepaid wireless emergency telephone service charges collected in each county. The board may adjust the initial percentage rate after five years, and thereafter the rate may be adjusted every two years;
(17) Make and execute contracts or any other instruments and agreements necessary or convenient for the exercise of its powers and functions; and
(18) Retain in its records proposed county plans developed under subsection 9 of section 190.450 and notify the department of revenue that the county has filed a plan that is ready for implementation.
5. The department of public safety shall provide staff assistance to the [committee for 911 service oversight] board as necessary in order for the [committee] board to perform its duties pursuant to sections 650.320 to 650.340.
6. The [department of public safety is authorized to adopt those] board shall promulgate rules and regulations that are reasonable and necessary [to accomplish the limited duties specifically delegated within section] to implement and administer the provisions of sections 650.320 to 650.340. Any rule or portion of a rule, as that term is defined in section 536.010, shall become effective only if it has been promulgated pursuant to the provisions of chapter 536. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, [1999] 2014, shall be invalid and void.
650.340. 1. The provisions of this section may be cited and shall be known as the "911 Training and Standards Act".
2. Initial training requirements for telecommunicators who answer 911 calls that come to public safety answering points shall be as follows:
(1) Police telecommunicator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 hours;
(2) Fire telecommunicator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 hours;
(3) Emergency medical services telecommunicator. . . . . . . . . . . . . . . . . . . . 16 hours;
(4) Joint communication center telecommunicator. . . . . . . . . . . . . . . . . . . . .40 hours.
3. All persons employed as a telecommunicator in this state shall be required to complete ongoing training so long as such person engages in the occupation as a telecommunicator. Such persons shall complete at least twenty-four hours of ongoing training every three years by such persons or organizations as provided in subsection 6 of this section. The reporting period for the ongoing training under this subsection shall run concurrent with the existing continuing education reporting periods for Missouri peace officers pursuant to chapter 590.
4. Any person employed as a telecommunicator on August 28, 1999, shall not be required to complete the training requirement as provided in subsection 2 of this section. Any person hired as a telecommunicator after August 28, 1999, shall complete the training requirements as provided in subsection 2 of this section within twelve months of the date such person is employed as a telecommunicator.
5. The training requirements as provided in subsection 2 of this section shall be waived for any person who furnishes proof to the committee that such person has completed training in another state which are at least as stringent as the training requirements of subsection 2 of this section.
6. The [department of public safety] board shall determine by administrative rule the persons or organizations authorized to conduct the training as required by subsection 2 of this section.
7. This section shall not apply to an emergency medical dispatcher or agency as defined in section 190.100, or a person trained by an entity accredited or certified under section 190.131, or a person who provides prearrival medical instructions who works for an agency which meets the requirements set forth in section 190.134.
[190.410. 1. There is hereby created in the department of public safety the "Wireless Service Provider Enhanced 911 Advisory Board", consisting of eight members as follows:
(1) The director of the department of public safety or the director's designee who shall hold a position of authority in such department of at least a division director;
(2) The chairperson of the public service commission or the chairperson's designee; except that such designee shall be a commissioner of the public service commission or hold a position of authority in the commission of at least a division director;
(3) Three representatives and one alternate from the wireless service providers, elected by a majority vote of wireless service providers licensed to provide service in this state; and
(4) Three representatives from public safety answering point organizations, elected by the members of the state chapter of the associated public safety communications officials and the state chapter of the National Emergency Numbering Association.
2. Immediately after the board is established the initial term of membership for a member elected pursuant to subdivision (3) of subsection 1 of this section shall be one year and all subsequent terms for members so elected shall be two years. The membership term for a member elected pursuant to subdivision (4) of subsection 1 of this section shall initially and subsequently be two years. Each member shall serve no more than two successive terms unless the member is on the board pursuant to subdivision (1) or (2) of subsection 1 of this section. Members of the board shall serve without compensation, however, the members may receive reimbursement of actual and necessary expenses. Any vacancies on the board shall be filled in the manner provided for in this subsection.
3. The board shall do the following:
(1) Elect from its membership a chair and other such officers as the board deems necessary for the conduct of its business;
(2) Meet at least one time per year for the purpose of discussing the implementation of Federal Communications Commission order 94-102;
(3) Advise the office of administration regarding implementation of Federal Communications Commission order 94-102; and
(4) Provide any requested mediation service to a political subdivision which is involved in a jurisdictional dispute regarding the providing of wireless 911 services. The board shall not supersede decision-making authority of any political subdivision in regard to 911 services.
4. The director of the department of public safety shall provide and coordinate staff and equipment services to the board to facilitate the board's duties.]
[190.430. 1. The commissioner of the office of administration is authorized to establish a fee, if approved by the voters pursuant to section 190.440, not to exceed fifty cents per wireless telephone number per month to be collected by wireless service providers from wireless service customers.
2. The office of administration shall promulgate rules and regulations to administer the provisions of sections 190.400 to 190.440. Any rule or portion of a rule, as that term is defined in section 536.010, that is promulgated pursuant to the authority delegated in sections 190.400 to 190.440 shall become effective only if it has been promulgated pursuant to the provisions of chapter 536. All rulemaking authority delegated prior to July 2, 1998, is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to July 2, 1998, if it fully complied with the provisions of chapter 536. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after July 2, 1998, shall be invalid and void.
3. The office of administration is authorized to administer the fund and to distribute the moneys in the wireless service provider enhanced 911 service fund for approved expenditures as follows:
(1) For the reimbursement of actual expenditures for implementation of wireless enhanced 911 service by wireless service providers in implementing Federal Communications Commission order 94-102; and
(2) To subsidize and assist the public safety answering points based on a formula established by the office of administration, which may include, but is not limited to the following:
(a) The volume of wireless 911 calls received by each public safety answering point;
(b) The population of the public safety answering point jurisdiction;
(c) The number of wireless telephones in a public safety answering point jurisdiction by zip code; and
(d) Any other criteria found to be valid by the office of administration provided that of the total amount of the funds used to subsidize and assist the public safety answering points, at least ten percent of said funds shall be distributed equally among all said public safety answering points providing said services under said section;
(3) For the reimbursement of actual expenditures for equipment for implementation of wireless enhanced 911 service by public safety answering points to the extent that funds are available, provided that ten percent of funds distributed to public safety answering points shall be distributed in equal amounts to each public safety answering point participating in enhanced 911 service;
(4) Notwithstanding any other provision of the law, no proprietary information submitted pursuant to this section shall be subject to subpoena or otherwise released to any person other than to the submitting wireless service provider, without the express permission of said wireless service provider. General information collected pursuant to this section shall only be released or published in aggregate amounts which do not identify or allow identification of numbers of subscribers or revenues attributable to an individual wireless service provider.
4. Wireless service providers are entitled to retain one percent of the surcharge money they collect for administrative costs associated with billing and collection of the surcharge.
5. No more than five percent of the moneys in the fund, subject to appropriation by the general assembly, shall be retained by the office of administration for reimbursement of the costs of overseeing the fund and for the actual and necessary expenses of the board.
6. The office of administration shall review the distribution formula once every year and may adjust the amount of the fee within the limits of this section, as determined necessary.
7. The provisions of sections 190.307 and 190.308 shall be applicable to programs and services authorized by sections 190.400 to 190.440.
8. Notwithstanding any other provision of the law, in no event shall any wireless service provider, its officers, employees, assigns or agents, be liable for any form of civil damages or criminal liability which directly or indirectly result from, or is caused by, an act or omission in the development, design, installation, operation, maintenance, performance or provision of 911 service or other emergency wireless two- and three-digit wireless numbers, unless said acts or omissions constitute gross negligence, recklessness or intentional misconduct. Nor shall any wireless service provider, its officers, employees, assigns, or agents be liable for any form of civil damages or criminal liability which directly or indirectly result from, or is caused by, the release of subscriber information to any governmental entity as required under the provisions of this act unless the release constitutes gross negligence, recklessness or intentional misconduct.]
[190.440. 1. The office of administration shall not be authorized to establish a fee pursuant to the authority granted in section 190.430 unless a ballot measure is submitted and approved by the voters of this state. The ballot measure shall be submitted by the secretary of state for approval or rejection at the general election held and conducted on the Tuesday immediately following the first Monday in November, 1998, or at a special election to be called by the governor on the ballot measure. If the measure is rejected at such general or special election, the measure may be resubmitted at each subsequent general election, or may be resubmitted at any subsequent special election called by the governor on the ballot measure, until such measure is approved.
2. The ballot of the submission shall contain, but is not limited to, the following language:
Shall the Missouri Office of Administration be authorized to establish a fee of up to fifty cents per month to be charged every wireless telephone number for the purpose of funding wireless enhanced 911 service?
□ YES □ NO
If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No".
3. If a majority of the votes cast on the ballot measure by the qualified voters voting thereon are in favor of such measure, then the office of administration shall be authorized to establish a fee pursuant to section 190.430, and the fee shall be effective on January 1, 1999, or the first day of the month occurring at least thirty days after the approval of the ballot measure. If a majority of the votes cast on the ballot measure by the qualified voters voting thereon are opposed to the measure, then the office of administration shall have no power to establish the fee unless and until the measure is approved.]
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