HOUSE BILL 1737
For An Act To BeEntitled
“AN ACT TOAMEND ARKANSAS CODE 12-10-323 (a) RELATING TO THE AUTHORIZEDEXPENDITURES OF REVENUES OF THE 911 PUBLIC SAFETYPROGRAM; TO ADD OTHER AUTHORIZED EXPENDITURES OF REVENUESNECESSARY FOR SUPERVISORY, ADMINISTRATIVE, AND OTHER EXPENSESNECESSARY FOR THE FUNCTIONING OF COUNTY-WIDE OTHERPURPOSES.”911 PROGRAMS; AND FOR
Subtitle
“AN ACT TO AMEND ARKANSASCODE 12-10-323 (a) PERTAINING TO AUTHORIZED EXPENDITURES OFREVENUES OF THE 911 PUBLIC SAFETY PROGRAM.”
TEXT: BE IT ENACTED BY THE GENERALASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code12-10-323(a) is amended by inserting the additional subsection toread as follows:
(a) Revenue generated asauthorized in Section 12-10-318-12-10-321 may be expended onlyfor the following purposes:
The engineering, installation, and recurring costs necessary to implement, operate, and maintain a 911 telephone system;
The costs necessary for forwarding and transfer capabilities of calls from the 911 public safety communication center to dispatch centers or to other 911 public safety communication centers;
Engineering, construction, lease or purchase costs to lease, purchase, build, remodel, or refurbish a 911 public safety communication center and for necessary emergency and uninterruptable power supplies for the center;
Personnel costs in the amount of seventy-five percent (75%) of the salary and benefits of each position charged with supervision and operation of the 911 public safety communication center and system;
(5) Purchase, lease, operation, and maintenance of consoles, telephone, and communications equipment owned or operated by the political subdivisions and physically located within and for the use of the 911 public safety communication center and radio or microwave towers and equipment with lines which terminate in the center,
and(6) Purchase, lease, operation, and maintenance of computers, data processing equipment, associated equipment, and leased audio or data lines assigned to and operated by the 911 public safety communication center for the purposes of coordinating, forwarding of calls, dispatch, or recordkeeping of public safety and private safety agencies, for which the 911 public safety communication center is the public safety answering point and to provide information assistance to those agencies ; AND
(7) SUPPLIES, EQUIPMENT,VEHICLE AND VEHICLE MAINTENANCE, MAINTENANCE AND OPERATING COSTS,AND CAPITAL OUTLAY DEEMED NECESSARY BY THE QUORUM COURT OF THEPARTICULAR COUNTY IN DETERMINING THE ANNUAL APPROPRIATION TO THEACTIVITY DESIGNATED TO PROVIDE THE CENTRAL ADMINISTRATION,OPERATION, AND SUPERVISION OF THE 911 COUNTY-WIDESYSTEM.
SECTION 2. All provisions of this act of a general and permanent nature are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code Revision Commission shall incorporate the same in the Code.
Section 3. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Section 4. All laws and parts of laws in conflict with this act are hereby repealed.
Section 5. Emergency: IT IS HEREBY FOUND AND DETERMINED BY THE GENERAL ASSEMBLY THAT ARKANSAS CODE 12-10-323, BASED UPON ACT 683 OF THE 1985 LEGISLATIVE SESSION, WHICH ESTABLISHED AUTHORIZED EXPENDITURES OF REVENUES GENERATED TO SPECIFICALLY SUPPORT THE 911 PUBLIC SAFETY PROGRAM DOES NOT TAKE INTO CONSIDERATION THE ADDITIONAL COSTS WHICH ARE NECESSARY FOR THE OPERATION AND UPDATING OF THE SYSTEM TO SPECIFICALLY INCLUDE THE BROAD RANGE OF SUPPLIES, OTHER SERVICES AND CHARGES, AND CAPITAL OUTLAY. FURTHER, THE PROPER FUNCTINING OF THE 911 PUBLIC SAFETY PROGRAM REQUIRES THAT AUTHORITY BE EXTENDED TO INCLUDE ALL OF THE OTHER REMAINING CATEGORIES OF EXPENDITURES AS AUTHORIZED USES OF THE REVENUES ENTAILED. THEREFORE, AN EMERGENCY IS DECLARED TO EXIST AND THIS ACT BEING IMMEDIATELY NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY SHALL BECOME EFFECTIVE ON THE DATE OF ITS APPROVAL BY THE GOVERNOR. IF THE BILL IS NEITHER APPROVED NOR VETOED BY THE GOVERNOR, IT SHALL BECOME EFFECTIVE ON THE EXPIRATION OF THE PERIOD OF TIME DURING WHICH THE GOVERNOR MAY VETO THE BILL. IF THE BILL IS VETOED BY THE GOVERNOR AND THE VETO IS OVERRIDDEN, IT SHALL BECOME EFFECTIVE ON THE DATE THE LAST HOUSE OVERRIDES THE VETO.
WIRELESSLEGISLATION FOR THE STATE OF ARKANSAS
HOUSE BILL 1641
For an Act to BeEntitled
“AN ACT TO AMEND ARKANSASCODE 12-10-318 TO SET THE TARIFF RATE FOR THE EMERGENCY TELEPHONESERVICE CHARGE IN SMALL COMMUNITIES; AND FOR OTHERPURPOSES.”
Subtitle
“TO AMEND ARKANSAS CODE12-10-318 TO SET THE TARIFF RATE FOR THE EMERGENCY TELEPHONESERVICE CHARGE IN SMALL COMMUNITIES.”
TEXT: BE IT ENACTED BY THE GENERALASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code12-10-318(a) (1), as amended by Act 106 of 1997, is amended toread as follows:
(a) (1) When so authorized by amajority of the person voting within the political subdivision inaccordance with the law, the governing authority of eachpolitical subdivision may levy any ANemergency telephone service charge in the amount of ASSESSEDBY THE POLITICAL SUBDIVISION ON A PER ACCESS LINE BASIS AS OFJANUARY 1, 1997 OR THE AMOUNT UP TO five percent (5%) of thetariff rate, except that any political subdivision with apopulation of less than twenty-five thousand (25,000)TWENTY-SEVENTHOUSAND FIVE HUNDRED (27,500) ACCORDING TO THE 1990 FEDERALDECENNIAL CENSUS may, by a majority vote of the electorsvoting on the issue, levy an emergency telephone charge in anamount not to exceedASSESSED BY THE POLITICAL SUBDIVISION ON A PER ACCESS LINEBASIS AS OF JANUARY 1, 1997 OR AN AMOUNT UP TO twelve percent(12%) of the tariff rate.”
SECTON 2. Arkansas Code12-10-323(a) is amended to read as follows:
(a) Revenue ANYREVENUE generated as authorized in PURSUANTTO Sections 12-10-318-12-10-321 may be expended ONLY INDIRECT CONNECTION WITH THE PROVISION OF 911 SERVICES AND onlyfor the following purposes:
The engineering, installation, and recurring costs necessary to implement, operate, and maintain a 911 telephone system;
The costs necessary for forwarding and transfer capabilities of calls from the 911 public safety communication center to dispatch centers or to other 911 public safety communications centers;
Engineering, construction, lease or purchase costs to lease, purchase, build, remodel, or refurbish a 911 public safety communication center and for necessary emergency and uninterruptable power supplies for the center;
Personnel costs in the amount of seventy-five percent (75%) of the salary and benefits of each position charged with supervision and operation of the 911 public safety communication center and system;
Purchase, lease, operation, and maintenance of consoles, telephone, and communications equipment owned or operated by the political subdivisions and physically located within and for the use of the 911 public safety communication center and radio or microwave towers and equipment with lines which terminate in the center;
Purchase, lease, operation, and maintenance of computers, data processing equipment, associated equipment, and leased audio or data lines assigned to and operated by the 911 public safety communication center for the purpose of coordinating, forwarding of calls, dispatch, or recordkeeping of public safety and private safety agencies, for which the 911 public safety communication center is the public safety answering point and to provide information assistance to those agencies; AND
(7) SUPPLIES, EQUIPMENT, PSAP PERSONNEL TRAINING, VEHICLE AND VEHICLE MAINTENANCE, IF SUCH ITEMS ARE SOLELY AND DIRECTLY RELATED TO AND INCURRED BY THE POLITICAL SUBDIVISION IN MAPPING, ADDRESSING, AND READDRESSING A 911 SYSTEM. NOTHING HEREIN SHALL BE INTERPRETED OR CONSTRUED AS AUTHORIZING A POLITICAL SUBDIVISION TO PURCHASE EMERGENCY RESPONSE VEHICLES, LAW ENFORCEMENT VEHICLES OR OTHER POLITICAL SUBDIVISION VEHICLES FROM SUCH FUNDS.
SECTION 3. All provisions of this act of a general and permanent nature are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code Revision Commission shall incorporate the same in the Code.
SECTION 4. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
SECTION 5. All laws and parts of laws in conflict with this act are hereby repealed.
SECTION 6. EMERGENCY. IT IS HEREBY FOUND AND DETERMINED BY THE GENERAL ASSEMBLY THAT POLITICAL SUBDIVISIONS WITH LESS THAN TWENTY-SEVEN THOUSAND FIVE HUNDRED POPULATION ARE NOT ABLE TO PROVIDE A 911 SERVICE UNDER THE CURRENT RESTRICTIONS ON EMERGENCY TELEPHONE SERVICE CHARGES; THAT THIS ACT GRANTS GREATER FLEXIBILITY TO THOSE POLITICAL SUBDIVISIONS; AND THAT THIS ACT SHOULD GO INTO EFFECT AS SOON AS POSSIBLE IN ORDER TO HELP PROVIDE 911 SERVICE TO THE POSITIONS OF THIS STATE WHICH DO NOT NOW HAVE THE CAPABILITY OF FINANCING THE SAME. THEREFORE AN EMERGENCY IS DECLARED TO EXIST AND THIS ACT BEING IMMEDIATELY NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY SHALL BECOME EFFECTIVE ON THE DATE OF ITS APPROVAL BY THE GOVERNOR. IF THE BILL IS NEITHER APPROVED NOR VETOED BY THE GOVERNOR, IT SHALL BECOME EFFECTIVE ON THE EXPIRATION OF THE PERIOD OF TIME DURING WHICH THE GOVERNOR MAY VETO THE BILL. IF THE BILL IS VETOED BY THE GOVERNOR AND THE VETO IS OVERRIDDEN, IT SHALL BECOME EFFECTIVE ON THE DATE THE LAST HOUSE OVERRIDES THE VETO.
WIRELESSLEGISLATION FOR THE STATE OF ARKANSAS
1997 AR H.B. 1990
For An Act to BeEntitled
“AN ACT TO AMEND THE ARKANSASPUBLIC SAFETY COMMUNICATIONS ACT TO INCLUDE CELLULAR TELEPHONESERVICE AND PERSONAL COMMUNICATIONS NETWORKS; TO REVISE THE 911FEE SCHEDULE; AND FOR OTHER PURPOSES.”
Subtitle
“TO AMEND THE ARKANSAS PUBLICSAFETY COMMUNICATIONS ACT TO INCLUDE CELLULAR TELEPHONE SERVICEAND PERSONAL COMMUNICATIONS NETWORKS, AND TO REVISE THE 911 FEESCHEDULE.”
TEXT: BE IT ENACTED BY THE GENERALASSEMBLY OF THE STATE OF ARKANSAS:
Section 1. Arkansas Code 12-10-303is amended to read as follows:
12-10-303. Definitions.
As used in this subchapter, unlessthe context otherwise requires:
(11)(1) “Automaticlocation identification” means an enhanced 911 servicecapability that enables the automatic display of informationdefining the geographical location of the telephone used to placethe 911 call;
(10) (2)“Automatic number identification” means an enhanced 911service capability that enables the automatic display of theseven-digit number used to place a 911 call;
(6) (3)“Basic 911 system” means a system by which the variousemergency functions provided by public and private safetyagencies within each political subdivision may be accessedutilizing the three-digit number 911, but no available optionsare included in the system;
(4) “BOARD MEANS THE CMRSEMERGENCY TELEPHONE SERVICE BOARD CREATED BY THIS SUBCHAPTER;
(19) (5)“Chief executive” is synonymous with head of governmentand means the Governor, county judges, mayors, city managers, orcity administrators of incorporated places, dependent on thelevel and form of government;
(6) “CMRS CONNECTION”MEANS EACH ACCOUNT OR NUMBER ASSIGNED TO A CMRS CUSTOMER;
(7) “COMMERCIAL MOBILERADIO SERVICE” (CMRS) MEANS COMMERCIAL MOBILE SERVICE UNDERSECTIONS 3 (27) AND 332 (D), FEDERAL TELECOMMUNICATIONS ACT OF1996 (47 U.S.C. SECTION 151 ET SEQ.), FEDERAL COMMUNICATIONSCOMMISSION RULES, AND THE OMNIBUS BUDGET RECONCILIATION ACT OF1993. THE TERM INCLUDES ANY WIRELESS TWO-WAY COMMUNICATIONDEVICE, INCLUDING RADIO-TELEPHONE COMMUNICATIONS USED IN CELLULARTELEPHONE SERVICE, PERSONAL COMMUNICATION SERVICE, OR THEFUNCTIONAL AND/OR COMPETITIVE EQUIVALENT OF A RADIO-TELEPHONECOMMUNICATIONS LINE USED IN CELLULAR TELEPHONE SERVICE, APERSONAL COMMUNICATION SERVICE, OR A NETWORK RADIO ACCESS LINE.THE TERM DOES NOT INCLUDE SERVICES WHOSE CUSTOMERS DO NOT HAVEACCESS TO 911 OR A 911 LIKE SERVICE, A COMMUNICATION CHANNELSUITABLE ONLY FOR DATA TRANSMISSION, TO A WIRELESS ROAMINGSERVICE OR OTHER NONLOCAL RADIO ACCESS LINE SERVICE, OR TO APRIVATE TELECOMMUNICATIONS SYSTEM;
(13) (8)“Dispatch center” means a public or private agencywhich dispatches public or private safety agencies but does notoperate a 911 public safety answer point;
(8) (9)“Enhanced 911 network features” means those features ofselective routing which have the capability of automatic numberand location identification;
(7) (10)“Enhanced 911 system” means enhanced 911 service, whichis a telephone exchange communications service consisting oftelephone network features and public safety answering pointsdesignated by the chief executive which enables users of thepublic telephone system to access a 911 public safetycommunications center by dialing the digits “911”. Theservice directs 911 calls to appropriate public safety answeringpoints by selective routing based on the geographical locationfrom which the call originated and provides the capability forautomatic number identification and automatic locationidentification;
(1) (11)“Exchange access facilities” means all lines providedby the service supplier for the provision of local exchangeservice, as defined in the existing general subscriber servicestariffs;
(18) (12)“Governing authority” means county quorum courts andgoverning bodies of municipalities;
(12)(13)“911 public safety communications center” means thecommunications center operated on a twenty-four (24) hour basisby one of the operating agencies defined by this subchapter andas designated by the chief executive of the political subdivisionwhich includes the public safety answering point and dispatchesone (1) or more public safety agencies;
(17) (14)“Operating agency” means the public safety agencyauthorized and designated by the chief executive of the politicalsubdivision to operate a 911 public safety communications center.Operating agencies are limited to offices of emergency services,fire departments, and law enforcement agencies of the politicalsubdivisions;
(16) (15)“Private safety agency” means any entity, except apublic safety agency, providing emergency fire, ambulance, oremergency medical services;
(14) (16)“Public safety agency” means an agency of the State ofArkansas or a functional division of a political subdivisionwhich provides fire fighting, rescue, natural, or man-causeddisaster or major emergency response, law enforcement, andambulance or emergency medical services;
(5) (17)“Public safety answering point” means the location atwhich 911 calls are initially answered;
(15)(18)”Public safety officers” means specified personnelof public safety agencies;
(3) (19) “Service supplier” means any person, company, orcorporation, public or private, providing exchange telephone service OR CMRSSERVICE Throughout thepolitical subdivision;
(9) (20)“Selective routing” means the method employed to direct911 calls to the appropriate public safety answering point basedon the geographical location from which the call originated;
(4) (21)” Service user” means any person, company, corporation,business, association, or party not exempt from county ormunicipal taxes or utility franchise assessments, who is providedtelephone service OR CMRS SERVICE in the politicalsubdivision;
(2) (22)“Tariff rate” means the rate or rates billed by aservice supplier as stated in the service supplier’s tariffsand approved by the Arkansas Public Service Commission, whichrepresents the service supplier’s recurring charges forexchange access facilities, exclusive of all taxes, fees,licenses, or similar charges whatsoever.
Section 2. Arkansas code12-10-318(b) through (d) are amended to read as follows:
(B) (1) THERE IS HEREBYLEVIED A CMRS EMERGENCY TELEPHONE SERVICE CHARGE IN AN AMOUNT OFFIFTY CENTS ($.50) PER MONTH PER CMRS CONNECTION THAT HAS ABILLING ADDRESS WITHIN THE STATE OF ARKANSAS OR WITH RESPECT TOWHICH THE MOBILE IDENTIFICATION NUMBER FOR THE CMRS CONNECTIONCONTAINS AN AREA CODE ASSIGNED TO ARKANSAS BY THE NORTH AMERICANNUMBERING PLAN ADMINISTRATOR. THE FEES COLLECTED BY CMRSPROVIDERS SHALL BE REMITTED TO THE BOARD DESCRIBED IN SECTION (B)(2) BELOW, WITHIN SIXTY (60) DAYS AFTER THE END OF THE MONTH INWHICH THE FEES ARE COLLECTED. THE FUNDS COLLECTED PURSUANT TOTHIS SUBSECTION SHALL NOT BE DEEMED REVENUES OF THE STATE ANDSHALL NOT BE SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY.
(2) THERE IS HEREBY ESTABLISHEDTHE CMRS EMERGENCY TELEPHONE SERVICES BOARD CONSISTING OF THEFOLLOWING: THE STATE AUDITOR OR HIS DESIGNATED REPRESENTATIVE,TWO (2) REPRESENTATIVES SELECTED BY A MAJORITY OF THE CMRSPROVIDERS LICENSED TO DO BUSINESS IN THE STATE, AND TWO 911SYSTEM EMPLOYEES SELECTED BY A MAJORITY OF THE PSAPADMINISTRATORS IN THE STATE. THE RESPONSIBILITIES OF THE BOARDSHALL BE AS FOLLOWS;
(A) “ESTABLISH ANDMAINTAIN AN INTEREST-BEARING ACCOUNT IN WHICH WILL BE DEPOSITEDREVENUES FROM THE SERVICE CHARGE LEVIED ON CMRS CONNECTIONS;
(B) MANAGE AND DISBURSE THEFUNDS FROM THE ACCOUNT IN THE FOLLOWING MANNER:
(I) NOT MORE THAN FORTY PERCENT(40%) OF THE TOTAL MONTHLY REVENUES COLLECTED SHALL BEDISTRIBUTED TO PSAP ADMINISTRATORS BASED ON CMRS CALL VOLUME FOREXPENSES INCURRED FOR THE ANSWERING, ROUTING AND PROPERDISPOSITION OF CMRS 911 CALLS;
(II) NOT LESS THAN FIFTY-EIGHTPERCENT (58%) OF THE TOTAL MONTHLY REVENUES SHALL BE HELD IN THEINTERST-BEARING ACCOUNT SOLELY FOR THE PURPOSES OF COMPLYING WITHAPPLICABLE REQUIREMENTS OF FCC DOCKET #94-102. THESE FUNDS MAY BEUTILIZED BY THE PSAPS AND THE CMRS PROVIDERS LICENSED TO DOBUSINESS IN ARKANSAS FOR THE FOLLOWING PURPOSES IN CONNECTIONWITH COMPLIANCE WITH THE FCC REQUIREMENTS: UPGRADING, PURCHASING,PROGRAMMING AND INSTALLING NECESSARY DATA, HARDWARE AND SOFTWARE.INVOICES MUST BE PRESENTED TO THE BOARD IN CONNECTION WITH ANYREQUEST FOR REIMBURSEMENT AND BE APPROVED BY A MAJORITY VOTE OFTHE BOARD TO RECEIVE REIMBURSEMENT. ANY INVOICES PRESENTED TO THEBOARD FOR REIMBURSEMENTS OF COSTS NOT DESCRIBED BY THIS SECTIONMAY BE APPROVED ONY BY A UNANIMOUS VOTE OF THE BOARD. IN NO EVENTSHALL ANY INVOICE BE REIMBURSED FOR COSTS NOT RELATED TOCOMPLIANCE WITH APPLICABLE REQUIREMENTS OF FCC DOCKET #94-102.
(III) SUBMIT ANNUAL REPORTS TOTHE STATE AUDITOR’S OFFICE OUTLINING FEES COLLECTED ANDMONIES DISBURSED TO PSAPS AND CMRS PROVIDERS.
(IV) RETAIN AN INDEPENDENT,THIRD PARTY AUDITOR FOR THE PURPOSES OF RECEIVING, MAINTAININGAND VERIFYING THE ACCURACY OF ANY PROPRIETARY INFORMATIONSUBMITTED TO THE BOARD BY CMRS PROVIDERS. DUE TO THE CONFIDENTIALAND PROPRIETARY NATURE OF THE INFORMATION SUBMITTED BY CMRSPROVIDERS, THE INFORMATION SHALL BE RETAINED BY THE INDEPENDENTAUDITOR IN CONFIDENCE, BE SUBJECT TO REVIEW ONLY BY THE STATEAUDITOR AND SHALL NOT BE SUBJECT TO THE STATE FREEDOM OFINFORMATION ACT, NOR RELEASED TO ANY THIRD PARTY. THE INFORMATIONCOLLECTED BY THE AUDITOR SHALL ONLY BE RELEASED IN AGGREGATEAMOUNTS WHICH DO NOT IDENTIFY OR ALLOW IDENTIFICATION OF NUMBERSOF SUBSCRIBERS OR REVENUES ATTRIBUTABLE TO AN INDIVIDUAL CMRSPROVIDER.
(V) CONDUCT A COST STUDY ON ORBEFORE AUGUST 31, 1998, TO BE SUBMITTED TO THE LEGISLATIVECOUNCIL FOR THE PURPOSE OF DETERMINING WHETHER LEGISLATION SHOULDBE PROPOSED TO ADJUST THE CMRS EMERGENCY TELEPHONE SERVICE CHARGETO REFLECT ACTUAL COSTS TO BE INCURRED BY PSAPS AND CMRSPROVIDERS FOR COMPLIANCE WITH APPLICABLE REQUIREMENTS OF FCCDOCKET #94-102.
(VI) ONE PERCENT (1%) OF THEFEES COLLECTED MAY BE UTILIZED BY THE BOARD TO COMPENSATE THEINDEPENDENT AUDITOR AND FOR ADMINISTRATIVE EXPENSES.
(3) CMRS PROVIDERS SHALL BEENTITLED TO RETAIN ONE PERCENT (1%) OF THE FEES COLLECTED ASREIMBURSEMENT FOR COLLECTION AND HANDLING OF THE CHARGE.
(4) NOTWITHSTANDING ANY OTHERPROVISION OF THE LAW, IN NO EVENT SHALL ANY CMRS PROVIDER, ITSOFFICERS, EMPLOYEES, ASSIGNS OR AGENTS, BE LIABLE FOR CIVILDAMAGES OR CRIMINAL LIABILITY IN CONNECTION WITH THE DEVELOPMENT,DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE ORPROVISION OF 911 SERVICE. NOR SHALL ANY CMRS PROVIDER, ITSOFFICERS, EMPLOYEES, ASSIGNS OR AGENTS BE LIABLE FOR CIVILDAMAGES OR CRIMINAL LIABILITY IN CONNECTION WITH THE RELEASE OFSUBSCRIBER INFORMATION TO ANY GOVERNMENTAL ENTITY AS REQUIREDUNDER THE PROVISIONS OF THIS SUBCHAPTER.
(b) (C) Theservice charge shall have uniform application and shall beimposed throughout the political subdivision to the greatestextent possible in conformity with availability of the service inany area of the political subdivision.
(e) (D)(1) An emergency telephone service charge , EXCEPT WITH REGARDTO THE CMRS EMERGENCY TELEPHONE SERVICE CHARGE, shall beimposed only upon the amount received from the tariff rateexchange access lines.
If there is no separate exchange access charge stated in the service supplier’s tariffs, the governing authority shall EXCEPT WITH REGARD TO THE CMRS EMERGENCY TELEPHONE SERVICE CHARGE, determine a uniform percentage not in excess of eighty-five percent (85%) of the tariff rate for basic exchange telephone service. This percentage shall be deemed to be the equivalent of tariff rate exchange access lines and shall be used until such time as the service supplier establishes such a tariff rate.
No such service charge shall be imposed upon more than one hundred (100) exchange access facilities per person per location. TRUNKS OR SERVICE LINES USED TO SUPPLY SERVICE TO CMRS PROVIDERS SHALL NOT HAVE A SERVICE CHARGE LEVIED AGAINST THEM.
Any such emergency telephone service charge , INCLUDING THE CMRS EMERGENCY TELEPHONE SERVICE CHARGE, shall be added to and may be stated separately in the billing by the service supplier to the service user.
Every billed service user shall be liable for any service charge imposed under this subsection until it has been paid to the service supplier.
(d) (E)The political subdivision may pursue against a delinquent serviceuser any remedy available at law or in equity for the collectionof a debt.”
SECTION 3. All provisions of thisact of a general and permanent nature are amendatory to theArkansas code of 1987 Annotated and the Arkansas Code RevisionCommission shall incorporate the same in the Code.
Section 4. If any provision ofthis act or the application thereof to any person or circumstanceis held invalid, such invalidity shall not affect otherprovisions or applications of the act which can be given effectwithout the invalid provision or application, and to this end theprovisions of this act are declared to be severable.
Section 5. All laws and parts oflaws in conflict with this act are hereby repealed.
WIRELESSLEGISLATION FOR THE STATE OF ARKANSAS
HOUSE CONCURRENTRESOLUTION 1018
H.C.R. 1018
REQUESTING THE HOUSE AND SENATEINTERIM COMMITTEES ON CITY, COUNTY, AND LOCAL AFFAIRS TO CONDUCTA STUDY OF PARTICIPATING LOCAL GOVERNMENTS’ FUNDINGIMPLEMENTATION, AND OPERATION OF THE 911 EMERGENCY COMMUNICATIONSSYSTEMS IN ARKANSAS.
Subtitle
REQUESTING A STUDY OFPARTICIPATING LOCAL GOVERNMENTS” FUNDING IMPLEMENTATION, ANDOPERATION OF THE 911 EMERGENCY COMMUNICATIONS SYSTEMS INARKANSAS.
TEXT: WHEREAS, the “ArkansasPublic Safety Communications Act of 1985” created asimplified means of procuring local government emergency servicesin Arkansas to save lives, reduce the destruction of property,aid in the quicker apprehension of criminals, and ultimately savemoney; and
WHEREAS, it is in the publicinterest to shorten the time and simplify the method required fora citizen to request and receive emergency aid through theprovision of a single, primary three-digit emergency numberthrough which municipal and county fire suppression, rescue,disaster and major emergency, emergency medical, and lawenforcement services may be quickly and efficiently obtained willprovide a significant contribution to response by simplifyingnotification of these local government emergency serviceresponders; and
WHEREAS, the federal governmenthas enacted a new and revolutionary telecommunications law andthe Arkansas General Assembly has passed Act 77 of 1997, theArkansas Telecommunications Regulatory Reform Act of 1997 whichwill radically change telephone, telecommunication, andinformation services in Arkansas; and
WHEREAS, it is vital for cities,counties and other local governments in Arkansas to keep theirfire fighting, search and rescue, disaster and emergency medical,and law enforcement services making progress and maintainingparticipation with modern and up-to-date emergency communicationand emergency services dispatch systems during this time of rapidchange in the telecommunication environment,
NOW THEREFORE,
BE IT RESOLVED BY THE HOUSE ORREPRESENTATIVES OF THE EIGHTY-FIRST GENERAL ASSEMBLY OF THE STATEOF ARKANSAS, THE SENATE CONCURRING THEREIN:
THAT the General Assembly of theState of Arkansas respectfully requests the House and SenateInterim Committees on City, County, and Local Affairs to conducta study of the participating city, county, and other localgovernments’ funding implementation, and operation of the911 emergency communications systems in Arkansas and their needsfor further changes to respond to the revisions in state andfederal telephone and telecommunication regulatory laws; and
FURTHER RESOLVED THAT the Houseand Senate Interim Committees on City, County, and Local Affairsshall report its findings and prepare any necessary legislationfor the Eighty-Second General Assembly in January, 1999.