AMENDMENT FOR SENATE STATE AFFAIRS COMMITTEE ENGROSSED BILL
143of
___________________ moved that SB 143 be amended as follows:
On page 1, line 4, of the Senate State Affairs Committee engrossed bill, overstrike "
§
§
34-
45-1 to 34-45-17, inclusive," and insert "
this chapter
".
On page 1, between lines 5 and 6, insert:
"
(1) "Active prepaid wireless telecommunication service user account," a prepaid wireless
service account, which has a sufficient positive balance as of the last day of any
month and is issued to a person who resides in a zip code, or purchases the service,
within the state;
".
On page 1, line 6, overstrike "(1)" and insert "
(2)
".
On page 1, line 7, delete "
telecommunications
" and insert "
communications
".
On page 1, line 10, overstrike "(2)" and insert "
(3)
".
On page 1, line 11, delete "
(3)
" and insert "
(4)
".
On page 1, line 12, delete "
telecommunications
" and insert "
communications
".
On page 2, line 3, after "
the
" insert "
service
".
On page 2, line 6, delete "
(4)
" and insert "
(5)
".
On page 2, line 9, delete "
(5)
" and insert "
(6)
".
On page 2, line 11, after "
real-time
" insert "
two-way
".
On page 2, line 12, delete "
locations
" and insert "
location
".
On page 2, line 13, delete "
IP-compatible
" and insert "
internet protocol-compatible
customer premise
".
On page 2, line 14, after "
users
" insert "
generally
".
On page 2, delete lines 16 to 24, inclusive, and insert:
"
(4)
"Local exchange access company," any franchised telephone company engaged in
providing telecommunications services between points within a local calling area;
".
On page 3, line 4, delete "
(8)
" and insert "
(7)
".
On page 3, line 8, delete "
(9)
" and insert "
(8)
".
On page 3, line 8, remove the overstrikes from "
by the governing body
".
On page 3, line 9, delete "
telecommunications service
" and insert "
service user of any
telecommunications service, wireless telecommunications service, Interconnected Voice over
Internet Protocol service, or wireless prepaid telecommunications service
".
On page 3, line 10, overstrike "For".
On page 3, overstrike lines 11 to 14, inclusive.
On page 3, line 15, overstrike "2000." and insert "
The 911 emergency surcharge shall be
assessed and remitted for Interconnected Voice over Internet Protocol and wireless
telecommunications service based upon the service user's place of primary use.
".
On page 3, line 16, overstrike "mobile" and insert "
wireless
".
On page 3, line 18, overstrike "as in effect on July 28, 2000".
On page 3, line 18, remove the overstrikes from "
wireless
".
On page 3, line 20, overstrike "purchased" and insert "
provided to an active prepaid
wireless telecommunications service user account
".
On page 3, line 22, delete "
(10)
" and insert "
(9)
".
On page 4, line 2, delete "
(11)
" and insert "
(10)
".
On page 4, delete lines 3 and 4, and insert "
communications service primarily occurs or the
customer's registered location on the date
".
On page 4, line 6, delete "
(12)
" and insert "
(11)
".
On page 4, line 13, delete "
(13)
" and insert "
(12)
".
On page 4, line 17, delete "
(14)
" and insert "
(13)
".
On page 4, line 20, delete "
(15)
" and insert "
(14)
".
On page 5, between lines 1 and 2, insert:
"
(15) "Registered location," the most recent information obtained by an Interconnected
Voice over Internet Protocol service provider that identifies the physical location of
an end user;
".
On page 5, line 2, after "
selling
" delete "
a
".
On page 5, line 3, delete everything after "
service
" and insert "
, wireless
telecommunications service, prepaid wireless telecommunications service, or Interconnected
Voice over Internet Protocol service;
".
On page 5, delete lines 4 and 5.
On page 5, line 9, overstrike "is provided".
On page 5, line 10, delete "
a
" and insert "
purchases
".
On page 5, line 10, after "service" insert "
, wireless telecommunications service, prepaid
wireless telecommunications service, or Interconnected Voice over Internet Protocol service
".
On page 5, between lines 10 and 11, insert:
"
(19) "Service user line," the means by which a service user may place a call to a public
safety answering point through the use of a telecommunications service, wireless
telecommunications service, prepaid wireless telecommunications service, or
Interconnected Voice over Internet Protocol service. In the case of multi-station
network systems, service user lines shall be equal to the number of calls that can
simultaneously be made from such system to the public switched telephone
network;
".
On page 5, line 11, delete "
(19)
" and insert "
(20)
".
On page 5, line 11, delete everything after "
service,"
" and insert "
the transmission of signs,
signals, writings, images, sounds, messages, data, or other information of any nature by wire,
radio, lightwave, electromagnetic means, or other similar means. The term does not include the
provision of terminal equipment used to originate or terminate such service, broadcast
transmissions by radio, television, and satellite stations regulated by the Federal
Communications Commission and one-way cable television service;
".
On page 5, delete lines 12 to 15, inclusive, and insert:
"
(21) "Wireless telecommunications service," commercial mobile radio service, as such
term is defined in 47 C.F.R. 203 as of January 1, 2008
.".
On page 6, line 9, delete "
collect
" and insert "
assess
".
On page 6, line 12, delete everything after "
provided
" and insert "
. Any prepaid wireless
telecommunications service provider shall remit the 911 emergency surcharge for each active
prepaid wireless telecommunication service user account to the South Dakota 911 coordination
fund
".
On page 6, line 13, delete everything before "." .
On page 6, line 17, after "month." Insert "
In the case of multi-station network systems,
service user lines shall be equal to the number of calls that can simultaneously be made from
such system to the public switched telephone network.
".
On page 6, line 21, delete "
person utilizing telecommunications service
" and insert "
service
user
".
On page 6, line 22, delete everything after "
surcharge
" and insert "
pursuant to
§
34-45-4.
Any telecommunications service provider, wireless telecommunications service provider, or
Interconnected Voice over Internet Protocol service provider shall collect and
".
On page 6, delete line 23.
On page 6, line 24, delete "
for telecommunications
" and insert "
which
".
On page 7, delete lines 1 and 2, and insert "
shall
".
On page 7, line 3, after "
receipt.
" Insert "
All prepaid wireless telecommunications service
providers shall remit the applicable 911 emergency surcharge for each active prepaid wireless
telecommunication service user account in the state to the South Dakota 911 coordination fund.
The prepaid wireless telecommunications service provider may seek reimbursement from their
service user through whatever means are available to the provider.
".
On page 7, between lines 6 and 7, insert:
"
Section 7. That
§
34-45-7
be amended to read as follows:
34-45-7.
The local exchange access company has no obligation to take any legal action to
enforce the collection of any charge imposed pursuant to this chapter. Such action may be
brought by or on behalf of the public agency imposing the charge. The local exchange access
company shall annually provide the governing body a list of the amounts uncollected along with
the names and addresses of those service users which carry a balance that can be determined by
the local exchange access company to be the nonpayment of any charge imposed pursuant to
§§ 34-45-3 and 34-45-4. The local exchange access company
Each telecommunications service
provider, wireless telecommunications service provider, or Interconnected Voice over Internet
Protocol service provider has no obligation to take any legal action to enforce the collection of
any charge imposed pursuant to this chapter. Such action may be brought by or on behalf of the
public agency imposing the charge. Each telecommunications service provider, wireless
telecommunications service provider, or Interconnected Voice over Internet Protocol service
provider
is not liable for such uncollected amounts.
".
On page 7, line 9, before "
shall
" insert "
for telecommunications service, wireless
telecommunications service, or Interconnected Voice over Internet Protocol service
".
On page 7, line 11, delete everything after "
later
" .
On page 7, delete lines 12 and 13, and insert "
and the amounts collected for prepaid
wireless telecommunications service shall be remitted to the South Dakota 911 coordination
fund not
".
On page 7, delete line 17, insert "
local exchange access company required to file the return
shall deliver the
which shall include
".
On page 7, delete lines 18 and 19, and insert "
a
return
to be in such form as required by the
board
together with
a
the
remittance of the amount of the charge payable
, to the governing body.
The local exchange access company
.
".
On page 8, between lines 8 and 9, insert:
"
Section 9. That
§
34-45-9
be amended to read as follows:
34-45-9.
The
local exchange access company
service provider
may deduct and retain one
percent of the collected amount or twenty-five dollars, whichever amount is greater, each month
as the cost of administration for collecting the charge.
Section 10. That
§
34-45-10
be amended to read as follows:
34-45-10.
At least once every calendar year, prior to September first, the governing body
shall review the current charge and establish a rate of charge to be effective on the next January
first, not to exceed the amount authorized, that together with any surplus revenues carried
forward will produce sufficient revenues to fund the expenditures authorized by §§ 34-45-3 and
34-45-4. Any amount collected in excess of expenses within a given year shall be carried
forward to the next year. Immediately upon making such determination and fixing such rate, the
governing body shall publish its new rate, and it shall notify by registered mail every
local
exchange access company
service provider
at least ninety days before such new rate will become
effective. The governing body may, at its own expense, require an annual audit of
the local
exchange access company's
a service provider's
books and records concerning the collection and
remittance of the charge authorized by §§ 34-45-3 and 34-45-4.
".
On page 8, delete line 11, and insert "
coordination fund. Any funds
collected from
the
charge
prepaid wireless telecommunications service
".
On page 8, line 12, overstrike "imposed".
On page 8, line 19, delete "
Coordination
" and insert "
coordination
".
On page 8, between lines 21 and 22, insert:
"
Section 10. That
§
34-45-17
be amended to read as follows:
34-45-17.
The 911 emergency reporting system provided by this chapter is within the
governmental powers and authority of the governing body or public agency. In contracting for
such 911 emergency reporting system or the provisioning of such 911 service, except for willful
or wanton negligence or intentional acts, the governing body, public agency,
local exchange
access company
service provider
, and service supplier, their employees and agents, are immune
from liability for a failure in the use or operation of the 911 system. The immunity provided by
this section does not extend to the installation or maintenance of the 911 system.
".
On page 9, line 5, delete "
nonrecurrent
" and insert "
nonrecurring
".
On page 9, line 15, overstrike "Numbers" and insert "
Number
".
On page 9, line 19, delete "
telecommunications
".
On page 11, line 23, delete "
recurrent and nonrecurrent
" and insert "
recurring and
nonrecurring
".