ENGROSSED SENATE
BILL NO. 175	By:	Anderson and Barrington of the Senate

			and

		Jackson of the House

[ Nine-One-One system - personnel position - emergency wireless telephone fees - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 1, S.J.R. No. 42, O.S.L. 2002, as amended by Section 2, Chapter 157, O.S.L. 2004, and as renumbered by Section 8, Chapter 157, O.S.L. 2004 (74 O.S. Supp. 2010, Section 51.1), is amended to read as follows:
Section 51.1  A.  There is hereby created the Oklahoma Office of Homeland Security.  The Governor shall be the chief officer of the Office and shall appoint a Homeland Security Director who shall be responsible to the Governor for the operation and administration of the Office.  The Governor shall determine the salary for the Director.
B.  The Oklahoma Homeland Security Director shall possess or obtain a federally recognized Top Secret Level Clearance.
1.  Any employee of state government appointed to the position of Oklahoma Homeland Security Director shall have a right to return to the previously held classified position of the employee without any loss of rights, privileges, or benefits immediately upon completion of the duties as Oklahoma Homeland Security Director, provided the employee is not otherwise disqualified.
2.  Any person appointed to the position of Oklahoma Homeland Security Director, if already a member of a state retirement system, shall be eligible to continue participation in that system.  If not a member of a state retirement system, the Director shall be eligible to participate in the Oklahoma Public Employees Retirement System.  The Oklahoma Homeland Security Director shall be eligible for participation in only one retirement system and shall elect in writing the system in which the Director intends to participate.
3.  The Commissioner of the Department of Public Safety may commission the Director of Homeland Security as a peace officer if  at the time of appointment the Director is certified as a law enforcement officer by the Council on Law Enforcement Education and Training (CLEET) or as a state trooper if at the time of appointment the Director is a CLEET-certified officer of the Oklahoma Highway Patrol.
C.  The Oklahoma Office of Homeland Security shall consist of at least three divisions:
1.  Prevention and Intelligence;
2.  Response and Recovery Planning; and
3.  Awareness and Preparedness.
D.  The Director shall be authorized to employ personnel necessary to achieve the mission of the Office, including the position of State 9-1-1 Coordinator which shall oversee the nine-one-one systems of this state.  Other federal, state, and local personnel may be assigned to the Office of Homeland Security pursuant to an interagency agreement.  The Governor shall designate at which appropriate state agency the Oklahoma Office of Homeland Security shall be located.  That agency shall provide housing, administrative staff and other support to the Oklahoma Office of Homeland Security.  All positions and personnel of the Office of Homeland Security shall be exempt from the full-time-employee limit of the state agency where the Office of Homeland Security is located.
E.  The Oklahoma Homeland Security Director shall have the duty and responsibility to develop and coordinate the implementation and administration of a comprehensive statewide strategy to secure the State of Oklahoma from the results of acts of terrorism, from a public health emergency, from cyberterrorism, and from weapons of mass destruction as that term is defined in 18 U.S.C., Section 2332a, and to perform other duties assigned by the Governor.  These duties shall include but not be limited to:
1.  Representing the State of Oklahoma with federal agencies as the state homeland security director for purposes of accessing federal funds and cooperating with federal agencies in the development and implementation of a nationwide homeland security plan of response; and
2.  Coordinating the Homeland Security efforts within the State of Oklahoma, including working with the Governor and Legislature, state agencies, and local elected officials and local governments, emergency responder groups, private-sector businesses, educational institutions, volunteer organizations, and the general public.  State agencies receiving federal funding for homeland security purposes shall report the amount and intended use of those funds to the Oklahoma Homeland Security Director to ensure efficient use of funds and to avoid duplication of efforts.
F.  Included in the comprehensive statewide strategy and consistent with the National Strategy for Homeland Security, as promulgated by the Office of the President of the United States, or its successor plan or plans, the Oklahoma Homeland Security Director shall establish the following strategic objectives for Oklahoma:
1.  To prevent terrorist attacks;
2.  To reduce vulnerability to terrorism;
3.  To minimize the damage from and to recover from terrorist attacks; and
4.  Such other duties as the Governor may prescribe.
G.  The Oklahoma Office of Homeland Security shall have the following duties:
1.  Establish a plan for the effective implementation of a statewide emergency All-Hazards response system, including the duties and responsibilities of regional emergency response teams;
2.  Create, implement, and administer an advisory system;
3.  Coordinate and prepare applications for federal funds related to homeland security and accessing and distributing the federal funds; and
4.  Cooperate with federal agencies in the development and implementation of a nationwide homeland security plan or response.
H.  The Oklahoma Office of Homeland Security and any local government may enter into contracts with each other for equipment and personnel, or both.  The contract may include any provisions agreed upon by the parties and as required by any federal or state grant, if applicable.
I.  All state agencies and political subdivisions of this state and all officers and employees of those agencies and political subdivisions are hereby directed to cooperate with and lend assistance to the Oklahoma Homeland Security Director.
SECTION 2.     AMENDATORY     63 O.S. 2001, Section 2843.1, as last amended by Section 2, Chapter 191, O.S.L. 2010 (63 O.S. Supp. 2010, Section 2843.1), is amended to read as follows:
Section 2843.1  A.  To provide for processing nine-one-one emergency wireless calls, the board of county commissioners of a county may by resolution submit to the voters of the county the question of the imposition of a nine-one-one emergency wireless telephone fee for each wireless connection, excluding a connection for prepaid wireless telecommunications services, in the county as determined by the subscriber’s place of primary use.  The resolution shall include the amount of the fee which shall be fifty cents ($0.50) per month for each wireless connection, and shall call for an election to be held within one (1) year from the date the resolution is adopted.  If a majority of the votes cast in an election held approve the imposition of an emergency telephone fee, the fee shall be imposed.  A political subdivision may not impose another fee on a wireless service provider or subscriber for nine-one-one emergency service.  The proceeds of the fee shall be utilized to pay for the operation of emergency wireless telephone service as specified in this section.  Prepaid wireless telecommunications services shall be subject only to the fees as set forth in Section 3 of this act 4843.2 of this title.
B.  A wireless service provider shall collect the emergency wireless telephone fee in an amount equal to the amount approved as provided for in subsection A of this section for each wireless telecommunications connection from each of its subscribers of wireless telephone service within the boundaries of the county as determined by the subscriber’s place of primary use and shall pay the money collected to the substate planning district that represents that county Oklahoma Office of Homeland Security not later than thirty (30) days after the last day of the month during which the fees were collected.  The wireless service provider may retain an administrative fee of two percent (2%) of the amount collected when remitted in the time specified, unless otherwise agreed upon.  The money remitted to the substate planning district Office of Homeland Security and any other money collected to fund the emergency wireless telephone system shall be deposited in a special wireless nine-one-one account established by the district Office.
C.  Money collected under subsection B of this section shall be used only for services related to nine-one-one emergency wireless telephone services, including automatic number identification and automatic location information services.  The substate planning districts Office of Homeland Security shall distribute the money collected for each county which has approved the emergency wireless telephone fee to each public agency within that county which has established emergency wireless telephone service or has sent a written request for installation, maintenance, and operation of an emergency wireless telephone service to a wireless service provider.  The money remitted to the public agency and any other money collected to fund the emergency wireless telephone system shall be deposited in a special wireless nine-one-one account established by the substate planning district Office of Homeland Security.  From the emergency wireless telephone fee, the substate planning districts Office of Homeland Security shall distribute to other public agencies in the county their proportionate share attributable to emergency wireless telephone services as determined by at least an annual census of wireless users provided by the wireless service provider.  All wireless user information provided by a wireless service provider shall be deemed proprietary and is not subject to disclosure to the public or any other party.  Remittance of the fee to a public agency may begin at any time if an existing emergency wireless telephone service is already operative or upon written request by the local governing body to the provider for installation, maintenance, and operation of a nine-one-one emergency wireless telephone service and related equipment.  Amounts not used within a given year shall be carried forward.
D.  Every billed service user shall be liable for any emergency wireless telephone fee imposed pursuant to this section until it has been paid to the wireless service provider.
E.  The duty to collect any emergency wireless telephone fee imposed pursuant to the authority of the Nine-One-One Wireless Emergency Number Act from a service user shall commence on the first day of the calendar quarter following the date that a wireless service provider receives notice from a local county which shall be at least sixty (60) days from the date that the voters in a county have approved the fee, the amount of such fee and the address to which the fee should be remitted.  Fees imposed pursuant to this section that are required to be collected by the wireless service provider may be added to and shall be stated separately in any billings to the service user.
F.  The wireless service provider shall have no obligation to take any legal action to enforce the collection of any emergency wireless telephone fee imposed pursuant to the authority of this section; however, should any service user tender a payment insufficient to satisfy all charges, tariffs, fees, and taxes for wireless telephone service, the amount tendered shall be credited to the nine-one-one emergency wireless telephone fee in the same manner as other taxes and fees.  The wireless service provider shall at least annually provide the governing body with a list of amounts uncollected along with the names and addresses of those service users who carry a balance that can be determined by the wireless service provider to be nonpayment of any fee imposed pursuant to the authority of this section.
G.  Any emergency wireless telephone fee imposed pursuant to the authority provided by this section shall be collected insofar as practicable at the same time as, and along with, the charges for wireless telephone service in accordance with the regular billing practice of the wireless telephone service.  However, if the public agency has not deployed nine-one-one emergency wireless telephone service within twenty-four (24) months or thirty-six (36) months for counties with a population of less than thirty thousand (30,000), from the initial collection of the fee under subsection B of this section, the collection of the fee may be suspended until such service is deployed.  A wireless service provider is not liable for failing to suspend collection of a fee.
H.  Nothing in the Nine-One-One Wireless Emergency Number Act shall be construed to limit the ability of a wireless service provider from recovering its costs associated with designing, developing, deploying, and maintaining wireless enhanced nine-one-one service directly from the customers of the provider, whether the costs are itemized on the bill of the wireless customer as a surcharge or by any other lawful means.
SECTION 3.     AMENDATORY     63 O.S. 2001, Section 2844, as amended by Section 3, Chapter 303, O.S.L. 2005 (63 O.S. Supp. 2010, Section 2844), is amended to read as follows:
Section 2844.  A.  Any nine-one-one emergency wireless telephone fee imposed pursuant to Section 2843.1 of this title and the amounts required to be collected are due monthly.  The amount of fee collected in one (1) month by the wireless service provider shall be remitted to the appropriate substate planning district Oklahoma Office of Homeland Security no later than thirty (30) days after the close of the month in which such fees were collected.  All fees collected by the wireless service provider and remitted to a substate planning district the Office of Homeland Security and any other money collected to fund the emergency wireless telephone system shall be deposited in a special nine-one-one account established by the district Office.  Each district shall account for all disbursements from the account established for the operation of the emergency wireless telephone system.
B.  The wireless service provider shall maintain records of the amount of any nine-one-one emergency wireless telephone fee collected in accordance with the provisions of the Nine-One-One Wireless Emergency Number Act.  The records shall be maintained for a period of three (3) years from the time the fee is collected.  The State Auditor and Inspector or any substate planning district or public agency may require an annual audit of the books and records of the wireless service provider concerning the collection and remittance of the fee authorized by the Nine-One-One Wireless Emergency Number Act.  Auditors shall have access to all information used by the wireless service provider to calculate and remit the nine-one-one emergency wireless telephone fee.  Any audit expenses shall be reimbursable pursuant to Section 2843.1 of this title.
C.  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 by the governing body for the operation of an emergency wireless telephone system.  The audit may be conducted by the State Auditor and Inspector at the discretion of the public agency.  All audits shall be conducted in accordance with generally accepted auditing standards and Government Auditing Standards issued by the Comptroller General of the United States.  A copy of the audit shall be filed with the State Auditor and Inspector and action taken in accordance with Section 212A of Title 74 of the Oklahoma Statutes.  The cost of the audit of the emergency wireless telephone system accounts may be paid from and be considered a part of the operating expenses of the emergency wireless telephone system.  Proprietary information of the wireless service providers shall be confidential.  Audit information pertaining to revenues collected or disbursed may be released only in aggregate form so that no provider-specific information may be extrapolated.
D.  The governing body of the public agency shall meet at least quarterly to oversee the operations of the emergency wireless telephone system, review expenditures, set and approve an operating budget, and take such other action as necessary for the operation and management of the system.  The records and meetings of the governing body shall be subject to the Oklahoma Open Records Act and the Oklahoma Open Meeting Act.  Notwithstanding any other provision to the contrary, all information deemed proprietary under subsection C of Section 2843.1 of this title shall be held confidential.
SECTION 4.  This act shall become effective November 1, 2011.
Passed the Senate the 8th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives