Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 193 Second Substitute (2016GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/22/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires the Utah Communications Authority Board to create a comprehensive strategic plan that includes a plan for the authority's activities and duties in each of the authority's divisions;
• requires each division of the Utah Communications Authority to contribute to the comprehensive strategic plan;
• extends a restriction on the allocation of funds from the Unified Statewide 911 Emergency Service Account;
• extends a due date for a performance audit and study; and
• requires a county, city, or town that levies and receives money from a monthly 911 charge to remit the money directly to a public safety answering point.

Every vote on this bill

Bill text

UTAH COMMUNICATIONS AUTHORITY ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Brad L. Dee
LONG TITLE
General Description:
This bill amends provisions related to the Utah Communications Authority.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the Utah Communications Authority Board to create a comprehensive
strategic plan that includes a plan for the authority's activities and duties in each of
the authority's divisions;
▸ requires each division of the Utah Communications Authority to contribute to the
comprehensive strategic plan;
▸ extends a restriction on the allocation of funds from the Unified Statewide 911
Emergency Service Account;
▸ extends a due date for a performance audit and study; and
▸ requires a county, city, or town that levies and receives money from a monthly 911
charge to remit the money directly to a public safety answering point.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63H-7a-103
, as renumbered and amended by Laws of Utah 2015, Chapter 411
63H-7a-204
, as renumbered and amended by Laws of Utah 2015, Chapter 411
63H-7a-206
, as enacted by Laws of Utah 2015, Chapter 450 and last amended by
Coordination Clause, Laws of Utah 2015, Chapter 450
63H-7a-302
, as renumbered and amended by Laws of Utah 2015, Chapter 411
63H-7a-402
, as enacted by Laws of Utah 2015, Chapter 411
63H-7a-502
, as enacted by Laws of Utah 2015, Chapter 411
69-2-2
, as last amended by Laws of Utah 2014, Chapters 36 and 320
69-2-5
, as last amended by Laws of Utah 2015, Chapters 352 and 411
69-2-5.5
, as last amended by Laws of Utah 2015, Chapters 352 and 411
69-2-5.6
, as last amended by Laws of Utah 2015, Chapters 352 and 411
69-2-5.7
, as last amended by Laws of Utah 2015, Chapters 352 and 411
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63H-7a-103
 is amended to read:
63H-7a-103.
Definitions.
As used in this chapter:
(1) "Authority" means the Utah Communications Authority, an independent state
agency created in Section 
63H-7a-201
.
(2) "Board" means the Utah Communications Authority Board created in Section
63H-7a-203
.
(3) "Bonds" means bonds, notes, certificates, debentures, contracts, lease purchase
agreements, or other evidences of indebtedness or borrowing issued or incurred by the
authority pursuant to this chapter.
(4) "FirstNet" means the First Responder Network Authority created by Congress in
the Middle Class Tax Relief and Job Creation Act of 2012.
(5) "Lease" means any lease, lease purchase, sublease, operating, management, or
similar agreement.
(6) "Local entity" means a county, city, town, local district, special service district, or
interlocal entity created under Title 11, Chapter 13, Interlocal Cooperation Act.
(7) "Member" means a public agency which:
(a) adopts a membership resolution to be included within the authority; and
(b) submits an originally executed copy of an authorizing resolution to the authority's
office.
(8) "Member representative" means a person or that person's designee appointed by the
governing body of each member.
(9) "Public agency" means any political subdivision of the state, including cities,
towns, counties, school districts, local districts, and special service districts, dispatched by a
public safety answering point.
(10) "Public safety answering point" or "PSAP" means [
an organization, entity, or
combination of entities that have joined together to form a central answering point for the
receipt, management, and dissemination to the proper responding agency, of emergency and
nonemergency communications, including 911 communications, police, fire, emergency
medical, transportation, parks, wildlife, corrections, and any other governmental
communications.
] 
an entity that:
(a) receives direct 911 emergency and non-emergency communications requesting a
public safety service;
(b) has a facility with the equipment and staff necessary to receive the communication;
(c) assesses, classifies, and prioritizes the communication; and
(d) transfers the communication to the proper responding agency.
(11) "Public safety communications network" means:
(a) a regional or statewide public safety governmental communications network and
related facilities, including real property, improvements, and equipment necessary for the
acquisition, construction, and operation of the services and facilities; and
(b) 911 emergency services, including radio communications, [
microwave
]
connectivity, [
FirstNet coordination,
] and computer aided dispatch [
system
] 
systems
.
(12) "State" means the state of Utah.
(13) "State representative" means the six appointees of the governor or their designees
and the Utah State Treasurer or his designee.
Section 2. Section 
63H-7a-204
 is amended to read:
63H-7a-204.
Board -- Powers and duties -- Strategic plan.
The board shall:
(1) manage the affairs and business of the authority consistent with this chapter
including adopting bylaws by a majority vote of its members;
(2) appoint an executive director to administer the authority;
(3) receive and act upon reports covering the operations of the public safety
communications network and funds administered by the authority;
(4) ensure that the public safety communications network and funds are administered
according to law;
(5) examine and approve an annual operating budget for the authority;
(6) receive and act upon recommendations of the chair;
(7) recommend to the governor and Legislature any necessary or desirable changes in
the statutes governing the public safety communications network;
(8) develop broad policies for the long-term operation of the authority for the
performance of its functions;
(9) make and execute contracts and other instruments on behalf of the authority,
including agreements with members and other entities;
(10) authorize the borrowing of money, the incurring of indebtedness, and the issuance
of bonds as provided in this chapter;
(11) adopt rules consistent with this chapter and in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, for the management of the public safety
communications network in order to carry out the purposes of this chapter, and perform all
other acts necessary for the administration of the public safety communications network;
(12) exercise the powers and perform the duties conferred on it by this chapter;
(13) provide for audits of the authority;
(14) establish the following divisions within the authority:
(a) 911 Division;
(b) Radio Network Division;
(c) Interoperability Division; and
(d) Administrative Services Division;
(15) establish a 911 advisory committee to the 911 Division in accordance with Section
63H-7a-307
;
(16) establish one or more advisory committees to the Radio Network Division in
accordance with Section 
63H-7a-405
; [
and
]
(17) establish one or more advisory committees to the Interoperability Division in
accordance with Section 
63H-7a-504
[
.
]
; and
(18) create and maintain a statewide, comprehensive strategic plan that:
(a) coordinates the authority's activities and duties in the:
(i) 911 Division;
(ii) Radio Network Division;
(iii) Interoperability Division; and
(iv) Administrative Services Division; and
(b) the board updates before July 1 of each year.
Section 3. Section 
63H-7a-206
 is amended to read:
63H-7a-206.
Functional consolidation of PSAPs study.
(1) As used in this section:
(a) "Exigent circumstance" means an unexpected or unforseen circumstance that, if not
addressed, will result in imminent injury or loss.
[
(a)
] 
(b)
 "Functional consolidation" means the process of ensuring that disparate public
safety answering points and public safety dispatching centers work together in an efficient and
effective way.
[
(b)
] 
(c)
 "PSAP operator":
(i) means a public agency that operates a PSAP; and
(ii) does not include an institution of higher education, a school district, or an airport
authority that operates a PSAP.
(2) Beginning on or after July 1, 2015, the board shall commission and oversee a
performance audit and study of the state's 911 emergency response system and related elements
of the public safety communications network, which shall include:
(a) a review of statutory provisions and efforts of the authority, executive director,
Utah 911 Division, and Interoperability Division regarding the assessment, planning, rules,
technology review, and standardization of the state's 911 emergency response system and
related elements of the public safety communications network;
(b) working with state and local stakeholders to determine potential cost savings and
increases in quality and efficiency that may be achieved by the functional consolidation of
PSAPs and dispatch centers throughout the state, including recommendations regarding:
(i) an efficient and effective public safety communications management structure to
ensure that high quality 911 emergency services are available to the state's citizens;
(ii) common standard operating procedures that ensure the least amount of call
processing time;
(iii) efficient methods to transfer calls between PSAPs and from a PSAP to a first
responder, regardless of jurisdiction;
(iv) uniformity of equipment and software protocols to accomplish seamless
functionality between computer aided dispatch systems;
(v) interoperable telephonic and radio systems to ensure coordination between
jurisdictions; and
(vi) how unnecessary duplication of services may be reduced or eliminated;
(c) making recommendations for inclusion in the strategic plan for the state's 911
emergency response system and related elements of the public safety communications network,
which recommendations may include:
(i) how PSAPs may benefit from functional consolidation;
(ii) how PSAPs within designated regions may accept calls and provide emergency
communication services for first responders using interoperable equipment, software,
protocols, and standard operating procedures; [
and
]
(iii) how PSAPs, regardless of physical location, may operate on interoperable, shared,
or hosted technology platforms and with common policies to reduce the need to transfer calls
between PSAPs;
(iv) whether a PSAP should be required to meet minimum operational, technical, or
financial standards;
(v) whether PSAP staff should be required to meet minimum training standards; and
(vi) how PSAPs can better use the available communications spectrum to reduce the
number of devices that first responders are required to use;
(d) describing and recommending potential solutions to the biggest impediments to
functional consolidation of PSAPs; and
(e) making recommendations regarding necessary personnel and associated job duties
within the authority.
(3) On or before [
July 1, 2016,
] 
September 30, 2016, the board shall complete and
submit
 the performance audit and study described in Subsection (2) [
shall be completed and
submitted by the board
]
,
 in writing
,
 to the Law Enforcement and Criminal Justice Interim
Committee and the Retirement and Independent Entities Interim Committee.
(4) (a) Money from the Unified Statewide 911 Emergency Service Account created in
Section 
63H-7a-304
 may not be used to fund a new local PSAP, call taking, or dispatching
[
project before the completion of the performance audit and study described in Subsection (2)
]
project or entity before June 30, 2017
, unless the board determines that an exigent
circumstance requires the allocation of funds.
(b) Money from the Unified Statewide 911 Emergency Service Account may be used to
fund ongoing maintenance of existing equipment and projects approved before July 1, 2015.
(5) After July 1, [
] 
, money spent from the Unified Statewide 911 Emergency
Service Account created in Section 
63H-7a-304
 for projects, including state and local PSAP
and dispatching projects, shall be made after consideration of the:
(a) recommendations of the performance audit and study described in Subsection (2);
and
(b) strategic plan for the state's network 911 emergency response system and related
elements of the public safety communications network described in Subsection (2)(c).
Section 4. Section 
63H-7a-302
 is amended to read:
63H-7a-302.
Division duties and powers.
(1) The 911 Division shall:
(a) review and make recommendations to the executive director:
(i) regarding:
(A) technical, administrative, fiscal, network, and operational standards for the
implementation of unified statewide 911 emergency services;
(B) emerging technology; and
(C) expenditures from the restricted accounts created in Section 
69-2-5.6
 by the 911
Division on behalf of local public safety answering points in the state, with an emphasis on
efficiencies and coordination in a regional manner;
(ii) to assure implementation of a unified statewide 911 emergency services network;
(iii) to establish standards of operation throughout the state; and
(iv) regarding mapping systems and technology necessary to implement the unified
statewide 911 emergency services;
(b) prepare and submit to the executive director for approval by the board:
(i) an annual budget for the 911 Division; [
and
]
(ii) an annual plan for the programs funded by the Computer Aided Dispatch Restricted
Account created in Section 
63H-7a-303
 and the Unified Statewide 911 Emergency Service
Account created in Section 
63H-7a-304
; 
and
(iii) information required by the director to contribute to the comprehensive strategic
plan described in Subsection 
63H-7-204
(18);
(c) assist local Utah public safety answering points with the implementation and
coordination of the 911 Division responsibilities as approved by the executive director and the
board;
(d) reimburse the state's Automated Geographic Reference Center in the Division of
Integrated Technology of the Department of Technology Services, an amount equal to 1 cent
per month levied on telecommunications service under Section 
69-2-5.6
 to enhance and
upgrade digital mapping standards for unified statewide 911 emergency service as required by
the division; and
(e) fulfill all other duties imposed on the 911 Division by this chapter.
(2) The 911 Division may recommend to the executive director to sell, lease, or
otherwise dispose of equipment or personal property purchased, leased, or belonging to the
authority that is related to funds expended from the restricted account created in Sections
69-2-5.5
 and 
69-2-5.6
, the proceeds from which shall return to the respective restricted
accounts.
(3) The 911 Division may make recommendations to the executive director to own,
operate, or enter into contracts for the use of the funds expended from the restricted account
created in Section 
69-2-5.5
.
(4) (a) The 911 Division shall review information regarding:
(i) in aggregate, the number of service subscribers by service type in a political
subdivision;
(ii) network costs;
(iii) public safety answering point costs;
(iv) system engineering information; and
(v) a computer aided dispatch system.
(b) In accordance with Subsection (4)(a) the 911 Division may request:
(i) information as described in Subsection (4)(a)(i) from the Utah State Tax
Commission; and
(ii) information from public safety answering points related to the computer aided
dispatch system.
(c) The information requested by and provided to the 911 Division under Subsection
(4) is a protected record in accordance with Section 
63G-2-305
.
(5) The 911 Division shall recommend to the executive director, for approval by the
board, rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) administer the program funded by the Unified Statewide 911 Emergency Service
restricted account created in Section 
63H-7a-304
, including rules that establish the criteria,
standards, technology, and equipment that a public safety answering point in Utah must adopt
in order to qualify for goods or services that are funded from the restricted account; and
(b) administer the Computer Aided Dispatch Restricted Account created in Section
63H-7a-303
, including rules that establish the criteria, standards, technology, and equipment
that a public safety answering point must adopt in order to qualify as a recipient of goods or
services that are funded from the restricted account.
(6) The board may authorize the 911 Division to employ an outside consultant to study
and advise the division on matters related to the 911 Division duties regarding the public safety
communications network.
(7) This section does not expand the authority of the Utah State Tax Commission to
request additional information from a telecommunication service provider.
Section 5. Section 
63H-7a-402
 is amended to read:
63H-7a-402.
Radio Network Division duties.
(1) The Radio Network Division shall:
(a) provide and maintain the public safety communications network for state and local
government agencies within the authority network, including the existing VHF and 800 MHz
networks, in a manner that:
(i) promotes high quality, cost effective service;
(ii) evaluates the benefits, cost, existing facilities, equipment, and services of public
and private providers; and
(iii) where economically feasible, utilizes existing infrastructure to avoid duplication of
facilities, equipment, and services of providers of communication services;
(b) prepare and submit to the executive director for approval by the board:
(i) an annual budget for the Radio Network Division; [
and
]
(ii) an annual plan for the program funded by the Utah Statewide Radio System
Restricted Account created in Section 
63H-7a-403
; 
and
(iii) information required by the director to contribute to the comprehensive strategic
plan described in Subsection 
63H-7-204
(18);
(c) conduct bi-monthly meetings:
(i) including:
(A) if retained, a consultant assisting with the design and development of a public
safety radio network;
(B) all private and public vendors; and
(C) all public safety radio users;
(ii) for the purpose of discussing public safety radio network emerging technologies;
and
(iii) for which minutes shall be made available to the public;
(d) recommend to the executive director administrative rules for approval by the board
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer
the program funded by the restricted account created in Section 
63H-7a-403
, including rules
that establish the criteria, standards, technology, equipment, and services that will qualify for
goods or services that are funded from the restricted accounts; and
(e) fulfill other duties assigned to the Radio Network Division under this chapter.
(2) The Radio Network Division may:
(a) recommend to the executive director to sell, lease, or otherwise dispose of
equipment or personal property purchased, leased, or belonging to the authority that is related
to the public safety communications network;
(b) recommend to the executive director to own, operate, or enter into contracts for the
public safety communications network;
(c) review information regarding:
(i) in aggregate, the number of radio service subscribers by service type in a political
subdivision; and
(ii) matters related to the public safety communications network;
(d) in accordance with Subsection (2)(c), request information from:
(i) local and state entities; and
(ii) public safety agencies; and
(e) employ outside consultants to study and advise the division on issues related to:
(i) the public safety communications network;
(ii) radio technologies and services;
(iii) microwave connectivity;
(iv) fiber connectivity; and
(v) public safety communication network connectivity and usage.
(3) The information requested by and provided to the Radio Network Division under
Subsections (2)(c) and (d) is a protected record in accordance with Section 
63G-2-305
.
(4) This section does not expand the authority of the State Tax Commission to request
additional information from a telecommunication service provider.
Section 6. Section 
63H-7a-502
 is amended to read:
63H-7a-502.
Interoperability Division duties.
(1) The Interoperability Division shall:
(a) review and make recommendations to the executive director, for approval by the
board, regarding:
(i) statewide interoperability coordination and FirstNet standards;
(ii) technical, administrative, fiscal, technological, network, and operational issues for
the implementation of statewide interoperability, coordination, and FirstNet;
(iii) assisting local agencies with the implementation and coordination of the
Interoperability Division responsibilities; and
(iv) training for the public safety communications network and unified statewide 911
emergency services;
(b) review information and records regarding:
(i) aggregate information of the number of service subscribers by service type in a
political subdivision;
(ii) matters related to statewide interoperability coordination;
(iii) matters related to FirstNet including advising the governor regarding FirstNet; and
(iv) training needs;
(c) prepare and submit to the executive director for approval by the board
:
(i)
 an annual plan for the Interoperability Division; and
(ii) information required by the director to contribute to the comprehensive strategic
plan described in Subsection 
63H-7-204
(18); and
(d) fulfill all other duties imposed on the Interoperability Division by this chapter.
(2) The Interoperability Division may:
(a) recommend to the executive director to own, operate, or enter into contracts related
to statewide interoperability, FirstNet, and training;
(b) request information needed under Subsection (1)(b)(i) from:
(i) the State Tax Commission; and
(ii) public safety agencies;
(c) employ an outside consultant to study and advise the Interoperability Division on:
(i) issues of statewide interoperability;
(ii) FirstNet; and
(iii) training; and
(d) request the board to appoint an advisory committee in accordance with Section
63H-7a-504
.
(3) The information requested by and provided to the Interoperability Division under
Subsection (1)(b)(i) is a protected record in accordance with Section 
63G-2-305
.
(4) This section does not expand the authority of the State Tax Commission to request
additional information from a telecommunication service provider.
Section 7. Section 
69-2-2
 is amended to read:
69-2-2.
Definitions.
As used in this chapter:
(1) "911 emergency service" means a unified statewide communication system which
provides citizens with rapid direct access to public safety answering points by accessing "911"
with the objective of reducing the response time to situations requiring law enforcement, fire,
medical, rescue, and other emergency services.
(2) "Local exchange service" means the provision of public telecommunications
services by a wireline common carrier to customers within a geographic area encompassing one
or more local communities as described in the carrier's service territory maps, tariffs, price lists,
or rate schedules filed with and approved by the Public Service Commission.
(3) "Local exchange service switched access line" means the transmission facility and
local switching equipment used by a wireline common carrier to connect a customer location to
a carrier's local exchange switching network for providing two-way interactive voice, or voice
capable, services.
(4) "Mobile telecommunications service" is as defined in Section 
54-8b-2
.
(5) "Public agency" means any county, city, town, special service district, or public
authority located within the state which provides or has authority to provide fire fighting, law
enforcement, ambulance, medical, or other emergency services.
(6) "Public safety agency" means a functional division of a public agency which
provides fire fighting, law enforcement, medical, or other emergency services.
(7) "Public safety answering point" means [
a facility that:
] 
the same as that term is
defined in Section 
63H-7a-203
.
[
(a) is equipped and staffed under the authority of a political subdivision; and
]
[
(b) receives 911 communications, other calls for emergency services, and
asynchronous event notifications for a defined geographic area.
]
(8) "Public switched telecommunications network" means the network of equipment,
lines, and controls assembled to establish communication paths between calling and called
parties in North America.
[
(8)
] 
(9)
 "Radio communications access line" means the radio equipment and assigned
customer identification number used to connect a mobile or fixed radio customer in Utah to a
radio communication service provider's network for two-way interactive voice, or voice
capable, services.
[
(9)
] 
(10)
 "Radio communications service" means a public telecommunications service
providing the capability of two-way interactive telecommunications between mobile and fixed
radio customers, and between mobile or fixed radio customers and the local exchange service
network customers of a wireline common carrier. Radio communications service providers
include corporations, persons or entities offering cellular telephone service, enhanced
specialized mobile radio service, rural radio service, radio common carrier services, personal
communications services, and any equivalent wireless public telecommunications service, as
defined in 47 CFR, parts 20, 22, 24, and 90.
[
(10)
] 
(11)
 "Voice over Internet protocol service" is as defined in Section 
54-19-102
.
[
(11)
] 
(12)
 "Wireline common carrier" means a public telecommunications service
provider that primarily uses metallic or nonmetallic cables and wires for connecting customers
to its local exchange service networks.
Section 8. Section 
69-2-5
 is amended to read:
69-2-5.
Funding for 911 emergency service -- Administrative charge.
(1) In providing funding of 911 emergency service, any public agency establishing a
911 emergency service may:
(a) seek assistance from the federal or state government, to the extent constitutionally
permissible, in the form of loans, advances, grants, subsidies, and otherwise, directly or
indirectly;
(b) seek funds appropriated by local governmental taxing authorities for the funding of
public safety agencies; and
(c) seek gifts, donations, or grants from individuals, corporations, or other private
entities.
(2) For purposes of providing funding of 911 emergency service, special service
districts may raise funds as provided in Section 
17D-1-105
 and may borrow money and incur
indebtedness as provided in Section 
17D-1-103
.
(3) (a) (i) Except as provided in Subsection (3)(b) and subject to the other provisions of
this Subsection (3), a county, city, town, or metro township within which 911 emergency
service is provided may levy a monthly 911 emergency services charge on:
(A) each local exchange service switched access line within the boundaries of the
county, city, town, or metro township;
(B) each revenue producing radio communications access line with a billing address
within the boundaries of the county, city, town, or metro township; and
(C) any other service, including voice over Internet protocol, provided to a user within
the boundaries of the county, city, town, or metro township that allows the user to make calls to
and receive calls from the public switched telecommunications network, including commercial
mobile radio service networks.
(ii) (A) Except as provided in Subsections (3)(a)(ii)(B) and (C), if a subscriber of a
service subject to a levy described in Subsection (3)(a)(i) is not required to pay for the service,
the provider of the service shall collect the levy from the person that is required to pay for the
service.
(B) The levy described in Subsection (3)(a)(i) is not imposed on a provider or a
consumer of federal wireless lifeline service if the consumer does not pay the provider for the
service.
(C) A consumer of federal wireless lifeline service shall pay, and the provider of the
service shall collect and remit, the levy described in Subsection (3)(a)(i) when the consumer
purchases from the provider optional services in addition to the federally funded lifeline
benefit.
[
(ii)
] 
(iii)
 If a metro township levies a charge under this chapter, the metro township is
subject to the same requirements a city is required to meet under this chapter.
[
(iii)
] 
(iv)
 Except as provided in Subsection (3)(a)[
(iv)
]
(v)
 and notwithstanding any
other provision of this chapter, if a metro township levies a charge described in Subsection
(3)(a)(i) under this chapter, the State Tax Commission shall distribute the revenue collected
from the charge to the metro township.
[
(iv)
] 
(v)
 The State Tax Commission shall transfer the revenues collected within a
metro township under this chapter to a municipal services district created under Title 17B,
Chapter 2a, Part 11, Municipal Services District Act, if the metro township:
(A) provides written notice to the State Tax Commission requesting the transfer; and
(B) designates the municipal services district to which the metro township requests the
State Tax Commission to transfer the revenues.
(b) Notwithstanding Subsection (3)(a), an access line provided for public coin
telecommunications service is exempt from 911 emergency service charges.
(c) The amount of the charge levied under this section may not exceed:
(i) 61 cents per month for each local exchange service switched access line;
(ii) 61 cents per month for each radio communications access line; and
(iii) 61 cents per month for each service under Subsection (3)(a)[
(iii)
]
(i)(C)
.
(d) (i) For purposes of this Subsection (3)(d) the following terms shall be defined as
provided in Section 
59-12-102
 or 
59-12-215
:
(A) "mobile telecommunications service";
(B) "place of primary use";
(C) "service address"; and
(D) "telecommunications service."
(ii) An access line described in Subsection (3)(a) is considered to be within the
boundaries of a county, city, or town if the telecommunications services provided over the
access line are located within the county, city, or town:
(A) for purposes of sales and use taxes under Title 59, Chapter 12, Sales and Use Tax
Act; and
(B) determined in accordance with Section 
59-12-215
.
(iii) The rate imposed on an access line under this section shall be determined in
accordance with Subsection (3)(d)(iv) if the location of an access line described in Subsection
(3)(a) is determined under Subsection (3)(d)(ii) to be a county, city, or town other than county,
city, or town in which is located:
(A) for a telecommunications service, the purchaser's service address; or
(B) for mobile telecommunications service, the purchaser's place of primary use.
(iv) The rate imposed on an access line under this section shall be the lower of:
(A) the rate imposed by the county, city, or town in which the access line is located
under Subsection (3)(d)(ii); or
(B) the rate imposed by the county, city, or town in which it is located:
(I) for telecommunications service, the purchaser's service address; or
(II) for mobile telecommunications service, the purchaser's place of primary use.
(e) (i) A county, city, or town shall notify the Public Service Commission of the intent
to levy the charge under this Subsection (3) at least 30 days before the effective date of the
charge being levied.
(ii) For purposes of this Subsection (3)(e):
(A) "Annexation" means an annexation to:
(I) a city or town under Title 10, Chapter 2, Part 4, Annexation; or
(II) a county under Title 17, Chapter 2, County Consolidations and Annexations.
(B) "Annexing area" means an area that is annexed into a county, city, or town.
(iii) (A) Except as provided in Subsection (3)(e)(iii)(C) or (D), if a county, city, or
town enacts or repeals a charge or changes the amount of the charge under this section, the
enactment, repeal, or change shall take effect:
(I) on the first day of a calendar quarter; and
(II) after a 90-day period beginning on the date the State Tax Commission receives
notice meeting the requirements of Subsection (3)(e)(iii)(B) from the county, city, or town.
(B) The notice described in Subsection (3)(e)(iii)(A) shall state:
(I) that the county, city, or town will enact or repeal a charge or change the amount of
the charge under this section;
(II) the statutory authority for the charge described in Subsection (3)(e)(iii)(B)(I);
(III) the effective date of the charge described in Subsection (3)(e)(iii)(B)(I); and
(IV) if the county, city, or town enacts the charge or changes the amount of the charge
described in Subsection (3)(e)(iii)(B)(I), the amount of the charge.
(C) Notwithstanding Subsection (3)(e)(iii)(A), the enactment of a charge or a charge
increase under this section shall take effect on the first day of the first billing period:
(I) that begins after the effective date of the enactment of the charge or the charge
increase; and
(II) if the billing period for the charge begins before the effective date of the enactment
of the charge or the charge increase imposed under this section.
(D) Notwithstanding Subsection (3)(e)(iii)(A), the repeal of a charge or a charge
decrease under this section shall take effect on the first day of the last billing period:
(I) that began before the effective date of the repeal of the charge or the charge
decrease; and
(II) if the billing period for the charge begins before the effective date of the repeal of
the charge or the charge decrease imposed under this section.
(iv) (A) Except as provided in Subsection (3)(e)(iv)(C) or (D), if the annexation will
result in the enactment, repeal, or a change in the amount of a charge imposed under this
section for an annexing area, the enactment, repeal, or change shall take effect:
(I) on the first day of a calendar quarter; and
(II) after a 90-day period beginning on the date the State Tax Commission receives
notice meeting the requirements of Subsection (3)(e)(iv)(B) from the county, city, or town that
annexes the annexing area.
(B) The notice described in Subsection (3)(e)(iv)(A) shall state:
(I) that the annexation described in Subsection (3)(e)(iv)(A) will result in an
enactment, repeal, or a change in the charge being imposed under this section for the annexing
area;
(II) the statutory authority for the charge described in Subsection (3)(e)(iv)(B)(I);
(III) the effective date of the charge described in Subsection (3)(e)(iv)(B)(I); and
(IV) if the county, city, or town enacts the charge or changes the amount of the charge
described in Subsection (3)(e)(iv)(B)(I), the amount of the charge.
(C) Notwithstanding Subsection (3)(e)(iv)(A), the enactment of a charge or a charge
increase under this section shall take effect on the first day of the first billing period:
(I) that begins after the effective date of the enactment of the charge or the charge
increase; and
(II) if the billing period for the charge begins before the effective date of the enactment
of the charge or the charge increase imposed under this section.
(D) Notwithstanding Subsection (3)(e)(iv)(A), the repeal of a charge or a charge
decrease under this section shall take effect on the first day of the last billing period:
(I) that began before the effective date of the repeal of the charge or the charge
decrease; and
(II) if the billing period for the charge begins before the effective date of the repeal of
the charge or the charge decrease imposed under this section.
(f) Subject to Subsection (3)(g), a 911 emergency services charge levied under this
section shall:
(i) be billed and collected by the person that provides the:
(A) local exchange service switched access line services; or
(B) radio communications access line services; and
(ii) except for costs retained under Subsection (3)(h), remitted to the State Tax
Commission.
(g) A 911 emergency services charge on a mobile telecommunications service may be
levied, billed, and collected only to the extent permitted by the Mobile Telecommunications
Sourcing Act, 4 U.S.C. Sec. 116 et seq.
(h) The person that bills and collects the charges levied under Subsection (3)(f) may:
(i) bill the charge imposed by this section in combination with the charge levied under
Section 
69-2-5.6
 as one line item charge; and
(ii) retain an amount not to exceed 1.5% of the levy collected under this section as
reimbursement for the cost of billing, collecting, and remitting the levy.
(i) The State Tax Commission shall collect, enforce, and administer the charge
imposed under this Subsection (3) using the same procedures used in the administration,
collection, and enforcement of the state sales and use taxes under:
(i) Title 59, Chapter 1, General Taxation Policies; and
(ii) Title 59, Chapter 12, Part 1, Tax Collection, except for:
(A) Section 
59-12-104
;
(B) Section 
59-12-104.1
;
(C) Section 
59-12-104.2
;
(D) Section 
59-12-104.6
;
(E) Section 
59-12-107.1
; and
(F) Section 
59-12-123
.
(j) 
(i)
 The State Tax Commission shall transmit money collected under this Subsection
(3) monthly by electronic funds transfer to the county, city, or town that imposes the charge.
(ii) A county, city, or town that receives money under Subsection (3)(j)(i):
(A) shall remit the money directly to a public safety answering point; and
(B) may not disburse the money to a local dispatch center that is not a public safety
answering point.
(k) A person that pays a charge under this section shall pay the charge to the
commission:
(i) monthly on or before the last day of the month immediately following the last day of
the previous month if:
(A) the person is required to file a sales and use tax return with the commission
monthly under Section 
59-12-108
; or
(B) the person is not required to file a sales and use tax return under Title 59, Chapter
12, Sales and Use Tax Act; or
(ii) quarterly on or before the last day of the month immediately following the last day
of the previous quarter if the person is required to file a sales and use tax return with the
commission quarterly under Section 
59-12-107
.
(l) A charge a person pays under this section shall be paid using a form prescribed by
the State Tax Commission.
(m) The State Tax Commission shall retain and deposit an administrative charge in
accordance with Section 
59-1-306
 from the revenues the State Tax Commission collects from a
charge under this section.
(n) A charge under this section is subject to Section 
69-2-5.8
.
(4) (a) Any money received by a public agency for the provision of 911 emergency
service shall be deposited in a special emergency telecommunications service fund.
(b) (i) Except as provided in Subsection (5)(b), the money in the 911 emergency
service fund shall be expended by the public agency to pay the costs of:
(A) establishing, installing, maintaining, and operating a 911 emergency service
system;
(B) receiving and processing emergency communications from the 911 system or other
communications or requests for emergency services;
(C) integrating a 911 emergency service system into an established public safety
dispatch center, including contracting with the providers of local exchange service, radio
communications service, and vendors of appropriate terminal equipment as necessary to
implement the 911 emergency services; or
(D) indirect costs associated with the maintaining and operating of a 911 emergency
services system.
(ii) Revenues derived for the funding of 911 emergency service may be used by the
public agency for personnel costs associated with receiving and processing communications
and deploying emergency response resources when the system is integrated with any public
safety dispatch system.
(c) Any unexpended money in the 911 emergency service fund at the end of a fiscal
year does not lapse, and must be carried forward to be used for the purposes described in this
section.
(5) (a) Revenue received by a local entity from an increase in the levy imposed under
Subsection (3) after the 2004 Annual General Session:
(i) may be used by the public safety answering point for the purposes under Subsection
(4)(b); and
(ii) shall be deposited into the special 911 emergency service fund described in
Subsection (4)(a).
(b) Revenue received by a local entity from disbursements from the 911 Division under
Section 
63H-7a-602
:
(i) shall be deposited into the special 911 emergency service fund under Subsection
(4)(a); and
(ii) shall only be used for that portion of the costs related to the development and
operation of wireless and land-based enhanced 911 emergency telecommunications service and
the implementation of 911 services as provided in Subsection (5)(c).
(c) The costs allowed under Subsection (5)(b)(ii) include the public safety answering
point's costs for:
(i) acquisition, upgrade, modification, maintenance, and operation of public service
answering point equipment capable of receiving 911 information;
(ii) database development, operation, and maintenance; and
(iii) personnel costs associated with establishing, installing, maintaining, and operating
wireless 911 services, including training emergency service personnel regarding receipt and use
of 911 wireless service information and educating consumers regarding the appropriate and
responsible use of 911 wireless service.
(6) A local entity that increases the levy it imposes under Subsection (3)(c) after the
2004 Annual General Session shall increase the levy to the maximum amount permitted by
Subsection (3)(c).
Section 9. Section 
69-2-5.5
 is amended to read:
69-2-5.5.
Emergency services telecommunications charge to fund the Computer
Aided Dispatch Restricted Account -- Administrative charge.
(1) Subject to Subsection (6), there is imposed an emergency services
telecommunications charge of 6 cents per month on 
a service that is subject to an emergency
services telecommunications charge levied by a county, city, town, or metro township under
Section 
69-2-5
, including:
(a)
 each local exchange service switched access line [
and
]
;
(b)
 each revenue producing radio communications access line [
that is subject to an
emergency services telecommunications charge levied by a county, city, town, or metro
township under Section 
69-2-5
.
]
; and
(c) each other service line, including voice over Internet protocol, used to make calls to
and receive calls from the public switched telecommunications network, including a
commercial mobile radio service network.
(2) (a) Subject to Subsection (6), an emergency services telecommunications charge
imposed under this section shall be billed and collected by the person that provides:
(i) local exchange service switched access line services; [
or
]
(ii) radio communications access line services[
.
]
; or
(iii) any other service line, including voice over Internet protocol, that allows a user to
make calls to and receive calls from the public switched telecommunications network,
including a commercial mobile radio service network.
(b) A person that pays an emergency services telecommunications charge under this
section shall pay the emergency services telecommunications charge to the commission:
(i) monthly on or before the last day of the month immediately following the last day of
the previous month if:
(A) the person is required to file a sales and use tax return with the commission
monthly under Section 
59-12-108
; or
(B) the person is not required to file a sales and use tax return under Title 59, Chapter
12, Sales and Use Tax Act; or
(ii) quarterly on or before the last day of the month immediately following the last day
of the previous quarter if the person is required to file a sales and use tax return with the
commission quarterly under Section 
59-12-107
.
(c) If a subscriber of a service subject to a charge described in Subsection (3)(a) is not
required to pay for the service, the provider of the service shall collect the charge from the
person that is required to pay for the service.
[
(c)
] 
(d)
 An emergency services telecommunications charge imposed under this section
shall be deposited into the Computer Aided Dispatch Restricted Account created in Section
63H-7a-303
.
(3) Emergency services telecommunications charges remitted to the State Tax
Commission pursuant to Subsection (2) shall be accompanied by the form prescribed by the
State Tax Commission.
(4) (a) The State Tax Commission shall administer, collect, and enforce the charge
imposed under Subsection (1) according to the same procedures used in the administration,
collection, and enforcement of the state sales and use tax under:
(i) Title 59, Chapter 1, General Taxation Policies; and
(ii) Title 59, Chapter 12, Part 1, Tax Collection, except for:
(A) Section 
59-12-104
;
(B) Section 
59-12-104.1
;
(C) Section 
59-12-104.2
;
(D) Section 
59-12-104.6
;
(E) Section 
59-12-107.1
; and
(F) Section 
59-12-123
.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Tax Commission may make rules to administer, collect, and enforce the emergency
services telecommunications charges imposed under this section.
(c) The State Tax Commission shall retain and deposit an administrative charge in
accordance with Section 
59-1-306
 from the revenues the State Tax Commission collects from
an emergency services telecommunications charge under this section.
(d) A charge under this section is subject to Section 
69-2-5.8
.
(5) A provider of local exchange service switched access line services or radio
communications access line services who fails to comply with this section is subject to
penalties and interest as provided in Sections 
59-1-401
 and 
59-1-402
.
(6) An emergency services telecommunications charge under this section on a mobile
telecommunications service may be imposed, billed, and collected only to the extent permitted
by the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
Section 10. Section 
69-2-5.6
 is amended to read:
69-2-5.6.
services charge to fund unified statewide 911 emergency service --
Administrative charge.
(1) Subject to Subsection 
69-2-5
(3)(g), there is imposed a unified statewide 911
emergency service charge of 9 cents per month on each local exchange service switched access
line and each revenue producing radio communications access line that is subject to a 911
emergency services charge levied by a county, city, town, or metro township under Section
69-2-5
.
(2) (a) A 911 emergency services charge imposed under this section shall be:
(i) subject to Subsection 
69-2-5
(3)(g); and
(ii) billed and collected by the person that provides:
(A) local exchange service switched access line services;
(B) radio communications access line services; or
(C) service described in Subsection 
69-2-5
(3)(a)(i)(C).
(b) A person that pays a charge under this section shall pay the charge to the
commission:
(i) monthly on or before the last day of the month immediately following the last day of
the previous month if:
(A) the person is required to file a sales and use tax return with the commission
monthly under Section 
59-12-108
; or
(B) the person is not required to file a sales and use tax return under Title 59, Chapter
12, Sales and Use Tax Act; or
(ii) quarterly on or before the last day of the month immediately following the last day
of the previous quarter if the person is required to file a sales and use tax return with the
commission quarterly under Section 
59-12-107
.
(c) A charge imposed under this section shall be deposited into the Unified Statewide
911 Emergency Service Account created by Section 
63H-7a-304
.
(d) If a subscriber of a service subject to a charge described in Subsection (1) is not
required to pay for the service, the provider of the service shall collect the charge from the
person that is required to pay for the service.
(3) The person that bills and collects the charges levied by this section pursuant to
Subsections (2)(b) and (c) may:
(a) bill the charge imposed by this section in combination with the charge levied under
Section 
69-2-5
 as one line item charge; and
(b) retain an amount not to exceed 1.5% of the charges collected under this section as
reimbursement for the cost of billing, collecting, and remitting the levy.
(4) The State Tax Commission shall collect, enforce, and administer the charges
imposed under Subsection (1) using the same procedures used in the administration, collection,
and enforcement of the emergency services telecommunications charge to fund the Computer
Aided Dispatch Restricted Account under Section 
63H-7a-303
.
(5) Notwithstanding Section 
63H-7a-304
, the State Tax Commission shall retain and
deposit an administrative charge in accordance with Section 
59-1-306
 from the revenues the
State Tax Commission collects from a charge under this section.
(6) A charge under this section is subject to Section 
69-2-5.8
.
(7) This section sunsets in accordance with Section 
63I-1-269
.
Section 11. Section 
69-2-5.7
 is amended to read:
69-2-5.7.
Prepaid wireless telecommunications charge to fund 911 service --
Administrative charge.
(1) As used in this section:
(a) "Consumer" means a person who purchases prepaid wireless telecommunications
service in a transaction.
(b) "Prepaid wireless 911 service charge" means the charge that is required to be
collected by a seller from a consumer in the amount established under Subsection (2).
(c) (i) "Prepaid wireless telecommunications service" means a wireless
telecommunications service that:
(A) is paid for in advance;
(B) is sold in predetermined units of time or dollars that decline with use in a known
amount or provides unlimited use of the service for a fixed amount or time; and
(C) allows a caller to access 911 emergency service.
(ii) "Prepaid wireless telecommunications service" does not include a wireless
telecommunications service that is billed:
(A) to a customer on a recurring basis; and
(B) in a manner that includes the emergency services telecommunications charges,
described in Sections 
69-2-5
, 
69-2-5.5
, and 
69-2-5.6
, for each radio communication access line
assigned to the customer.
(d) "Seller" means a person that sells prepaid wireless telecommunications service to a
consumer.
(e) "Transaction" means each purchase of prepaid wireless telecommunications service
from a seller.
(f) "Wireless telecommunications service" means commercial mobile radio service as
defined by 47 C.F.R. Sec. 20.3, as amended.
(2) There is imposed a prepaid wireless 911 service charge of 1.9% of the sales price
per transaction.
(3) 
(a)
 The prepaid wireless 911 service charge shall be collected by the seller from the
consumer for each transaction occurring in this state.
(b) (i) Except as provided in Subsections (3)(b)(ii) and (iii), if a user of a service
subject to a charge described in Subsection (2) is not the consumer, the seller shall collect the
charge from the consumer for the service.
(ii) The charge described in Subsection (2) is not imposed on a seller or a consumer of
federal wireless lifeline service if the consumer does not pay the seller for the service.
(iii) A consumer of federal wireless lifeline service shall pay, and the seller of the
service shall collect and remit, the charge described in Subsection (2) when the consumer
purchases from the seller optional services in addition to the federally funded lifeline benefit.
(4) The prepaid wireless 911 service charge shall be separately stated on an invoice,
receipt, or similar document that is provided by the seller to the consumer.
(5) For purposes of Subsection (3), the location of a transaction is determined in
accordance with Sections 
59-12-211
 through 
59-12-215
.
(6) When prepaid wireless telecommunications service is sold with one or more other
products or services for a single non-itemized price, then the percentage specified in Section
(2) shall apply to the entire non-itemized price.
(7) A seller may retain 3% of prepaid wireless 911 service charges that are collected by
the seller from consumers as reimbursement for the cost of billing, collecting, and remitting the
charge.
(8) Prepaid wireless 911 service charges collected by a seller, except as retained under
Subsection (7), shall be remitted to the State Tax Commission at the same time as the seller
remits to the State Tax Commission money collected by the person under Title 59, Chapter 12,
Sales and Use Tax Act.
(9) The State Tax Commission:
(a) shall collect, enforce, and administer the charge imposed under this section using
the same procedures used in the administration, collection, and enforcement of the state sales
and use taxes under:
(i) Title 59, Chapter 1, General Taxation Policies; and
(ii) Title 59, Chapter 12, Part 1, Tax Collection, except for:
(A) Section 
59-12-104
;
(B) Section 
59-12-104.1
;
(C) Section 
59-12-104.2
;
(D) Section 
59-12-107.1
; and
(E) Section 
59-12-123
;
(b) may retain up to 1.5% of the prepaid wireless 911 service charge revenue collected
under Subsection (9)(a) as reimbursement for administering this section;
(c) shall distribute the prepaid wireless 911 service charge revenue, except as retained
under Subsection (9)(b), as follows:
(i) 80.3% of the revenue shall be distributed to each county, city, town, or metro
township in the same percentages and in the same manner as the entities receive money to fund
911 emergency telecommunications services under Section 
69-2-5
;
(ii) 7.9% of the revenue shall be distributed to fund the Computer Aided Dispatch
Restricted Account created in Section 
63H-7a-303
;
(iii) 11.8% of the revenue shall be distributed to fund the unified statewide 911
emergency service as in Section 
69-2-5.6
; and
(d) may make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to administer, collect, and enforce the charges imposed under this section.
(10) A charge under this section is subject to Section 
69-2-5.8
.