SENATE BILL 2393
AN ACT TO AMEND SECTION 19-5-313,MISSISSIPPI CODE OF 1972, TO REVISE THE CHARGES LEVIED BY BOARDSOF SUPERVISORS FOR EMERGENCY TELEPHONE SERVICE; AND FOR RELATEDPURPOSES.
SECTION 1. Section 19-5-313,Mississippi Code of 1972, is amended as follows:
19-5-313. (1) The board ofsupervisors SHALL levy an emergency telephone servicecharge in an amount of One Dollar ($ 1.00) per residentialtelephone subscriber line per month and Two Dollars ($ 2.00) percommercial telephone subscriber line per month. Any emergencytelephone service charge shall have uniform application and shallbe imposed throughout the entirety of the district to thegreatest extent possible in conformity with availability of suchservice in any area of the district. Cellular telephone andpersonal communications network subscribers shall also be subjectto the subscriber service charge. Cellular subscribers andpersonal communications network subscribers shall be treated thesame as residential AND COMMERCIAL wireline subscribersand charged accordingly with the proceeds paid to the county inwhich the subscriber resides.
(2) If the proceeds generated bythe emergency telephone service charge exceed the amount ofmonies necessary to fund the service, the board of supervisorsmay authorize such excess funds to be expended by the county andthe municipalities in the counties to perform the duties and paythe costs relating to identifying roads, highways and streets, asprovided by Section 65-7-143. The board of supervisors shalldetermine how the funds are to be distributed in the county andamong municipalities in the county for paying the costs relatingto identifying roads, highways and streets. The board ofsupervisors may temporarily reduce the service charge rate ortemporarily suspend the service charge if the proceeds generatedexceed the amount that is necessary to fund the service and/or topay costs relating to identifying roads, highways and streets.Such excess funds may also be used in the development of countyor district communications and paging systems when used primarilyfor the alerting and dispatching of public safety entities andfor other administrative costs such as management personnel,maintenance personnel and related building and operationalrequirements. Such excess funds may be placed in a depreciationfund for emergency and obsolescence replacement ofequipment necessary for the operation of the overall 911emergency telephone and alerting systems.
(3) No such service charge shallbe imposed upon more than twenty-five (25) exchange accessfacilities per person per location. Trunks or service lines usedto supply service to cellular telephone sites or personalcommunications systems sites shall not have a service chargelevied against them. Every billed service user shall be liablefor any service charge imposed under this section until it hasbeen paid to the service supplier. The duty of the servicesupplier to collect any such service charge shall commence uponthe date of its implementation, which shall be specified in theresolution for the installation of such service. Any suchemergency telephone service charge shall be added to and may bestated separately in the billing by the service supplier to theservice user.
(4) The service supplier shallhave no obligation to take any legal action to enforce thecollection of any emergency telephone service charge. However,the service supplier shall annually provide the board ofsupervisors and board of commissioners with a list of the amountuncollected, together with the names and addresses of thoseservice users who carry a balance that can be determined by theservice supplier to be nonpayment of such service charge. Theservice charge shall be collected at the same time as the tariffrate in accordance with the regular billing practice of theservice supplier. Good faith compliance by the service supplierwith this provision shall constitute a complete defense to anylegal action or claim which may result from the servicesupplier’s determination of nonpayment and/or the identificationof service users in connection therewith.
(5) The amounts collected by theservice supplier attributable to any emergency telephone servicecharge shall be due the county treasury monthly. The amount ofservice charge collected each month by the service supplier shallbe remitted to the county no later than sixty (60) days after theclose of the month. A return, in such form as the board ofsupervisors and the service supplier agree upon, shall be filedwith the county, together with a remittance of the amount ofservice charge collected payable to the county. The servicesupplier shall maintain records of the amount of service chargecollected for a period of at least two (2) years from date ofcollection. The board of supervisors and board of commissionersshall receive an annual audit of the service supplier’s books andrecords with respect to the collection and remittance of theservice charge. From the gross receipts to be remitted to thecounty, the service supplier shall be entitled to retain as anadministrative fee, an amount equal to one percent (l%) thereof.From and after March 10, 1987, the service charge is a county feeand is not subject to any sales, use, franchise, income, exciseor any other tax, fee or assessment and shall not be consideredrevenue of the service supplier for any purpose.
(6) In order to provide additionalfunding for the district, the board of commissioners may receivefederal, state, county or municipal funds, as well as funds fromprivate sources, and may expend such funds for the purposes ofSection 19-5-301 et seq.
SECTION 2. This act shall takeeffect and be in force from and after July 1, 1996.
WIRELESSLEGISLATION FOR THE STATE OF MISSISSIPPI
SENATE BILL 2147
AN ACT TO AMEND SECTION 19-5-313,MISSISSIPPI CODE OF 1972, TO REVISE THE CHARGES LEVIED BY BOARDSOF SUPERVISORS FOR EMERGENCY TELEPHONE SERVICE; AND FOR RELATEDPURPOSES.
BE IT ENACTED BY THE LEGISLATUREOF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-5-313,Mississippi Code of 1972, is amended as follows:
19-5-313. (1) The board ofsupervisors SHALL levy an emergency telephone servicecharge in an amount OF One Dollar ($ 1.00) per residentialtelephone subscriber line per month and Two Dollars ($ 2.00) percommercial telephone subscriber line per month. Any emergencytelephone service charge shall have uniform application and shallbe imposed throughout the entirety of the district to thegreatest extent possible in conformity with availability of suchservice in any area of the district. Cellular telephone andpersonal communications network subscribers shall also be subjectto the subscriber service charge. Cellular subscribers andpersonal communications network subscribers shall be treated thesame as residential AND COMMERCIAL wireline subscribersand charged accordingly with the proceeds paid to the county inwhich the subscriber resides.
(2) If the proceeds generated bythe emergency telephone service charge exceed the amount ofmonies necessary to fund the service, the board of supervisorsmay authorize such excess funds to be expended by the county andthe municipalities in the counties to perform the duties and paythe costs relating to identifying roads, highways and streets, asprovided by Section 65-7-143. The board of supervisors shalldetermine how the funds are to be distributed in the county andamong municipalities in the county for paying the costs relatingto identifying roads, highways and streets. The board ofsupervisors may temporarily reduce the service charge rate ortemporarily suspend the service charge if the proceeds generatedexceed the amount that is necessary to fund the service and/or topay costs relating to identifying roads, highways and streets.Such excess funds may also be used in the development of countyor district communications and paging systems when used primarilyfor the alerting and dispatching of public safety entities andfor other administrative costs such as management personnel,maintenance personnel and related building and operationalrequirements. Such excess funds may be placed in a depreciationfund for emergency and obsolescence replacement ofequipment necessary for the operation of the overall 911emergency telephone and alerting systems.
(3) No such service charge shallbe imposed upon more than twenty-five (25) exchange accessfacilities per person per location. Trunks or service lines usedto supply service to cellular telephone sites or personalcommunications systems sites shall not have a service chargelevied against them. Every billed service user shall be liablefor any service charge imposed under this section until it hasbeen paid to the service supplier. The duty of the servicesupplier to collect any such service charge shall commence uponthe date of its implementation, which shall be specified in the resolutionfor the installation of such service. Any such emergencytelephone service charge shall be added to and may be statedseparately in the billing by the service supplier to the serviceuser.
(4) The service supplier shallhave no obligation to take any legal action to enforce thecollection of any emergency telephone service charge. However,the service supplier shall annually provide the board ofsupervisors and board of commissioners with a list of the amountuncollected, together with the names and addresses of thoseservice users who carry a balance that can be determined by theservice supplier to be nonpayment of such service charge. Theservice charge shall be collected at the same time as the tariffrate in accordance with the regular billing practice of theservice supplier. Good faith compliance by the service supplierwith this provision shall constitute a complete defense to anylegal action or claim which may result from the servicesupplier’s determination of nonpayment and/or the identificationof service users in connection therewith.
(5) The amounts collected by theservice supplier attributable to any emergency telephone servicecharge shall be due the county treasury monthly. The amount ofservice charge collected each month by the service supplier shallbe remitted to the county no later than sixty (60) days after theclose of the month. A return, in such form as the board ofsupervisors and the service supplier agree upon, shall be filedwith the county, together with a remittance of the amount ofservice charge collected payable to the county. The servicesupplier shall maintain records of the amount of service chargecollected for a period of at least two (2) years from date ofcollection. The board of supervisors and board of commissionersshall receive an annual audit of the service supplier’s books andrecords with respect to the collection and remittance of theservice charge. From the gross receipts to be remitted to thecounty, the service supplier shall be entitled to retain as anadministrative fee, an amount equal to one percent (1%) thereof.From and after March 10, 1987, the service charge is a county feeand is not subject to any sales, use, franchise, income, exciseor any other tax, fee or assessment and shall not be consideredrevenue of the service supplier for any purpose.
(6) In order to provide additionalfunding for the district, the board of commissioners may receivefederal, state, county or municipal funds, as well as funds fromprivate sources, and may expend such funds for the purposes ofSection 19-5-301 et seq.
SECTION 2. This act shall takeeffect and be in force from and after JULY 1, 1997.
WIRELESSLEGISLATION FOR THE STATE OF MISSISSIPPI
SENATE BILL 2970
AN ACT TO AMEND SECTION 19-5-313,MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE CIVIL IMMUNITY OFCELLULAR TELEPHONE SERVICE PROVIDERS AND PERSONALCOMMUNICATION NETWORK PROVIDERS, THEIR EMPLOYEES AND AGENTS, INTHE DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE,PERFORMANCE OR PROVISION OF E-9ll SERVICE, EXCEPT FOR WILLFUL ORWANTON MISCONDUCT; TO PROVIDE FOR THE CIVIL IMMUNITY OF CELLULAR TELEPHONESERVICE PROVIDERS AND PERSONAL COMMUNICATION NETWORKPROVIDERS, THEIR EMPLOYEES AND AGENTS, FOR THE RELEASE OFCUSTOMER INFORMATION, REQUIRED UNDER THE EMERGENCY 911 LAWS,TO ANY PUBLIC SAFETY ANSWERING POINT; AND FOR RELATED PURPOSES.
SECTION 1. Section 19-5-313,Mississippi Code of 1972, is amended as follows:
19-5-313. (1) The board ofsupervisors may levy an emergency telephone service charge in anamount not to exceed One Dollar ($ 1.00) per residentialtelephone subscriber line per month and Two Dollars ($ 2.00) percommercial telephone subscriber line per month. Any emergencytelephone service charge shall have uniform application and shallbe imposed throughout the entirety of the district to thegreatest extent possible in conformity with availability of suchservice in any area of the district. Cellular telephone andpersonal communications network subscribers shall also be subjectto the subscriber service charge. Cellular subscribers andpersonal communications network subscribers shall be treated thesame as residential wireline subscribers and charged accordinglywith the proceeds paid to the county in which the subscriber.resides. Those districts which exist on the date of enactment ofHouse Bill No. 901, 1993 Regular Session [Laws, 1993, Ch. 536],shall convert to the following structure for service charge levy:If the current charge is five percent (5%) of the basic tariffservice rate, the new collection shall be Eighty Cents (8O cents)per month per residential subscriber line and One Dollar andSixty Cents ($1.60) per month per commercial subscriber line. Thecollections may be adjusted as outlined in House Bill No. 901,1993 Regular Session [Laws, 1993, Ch. 536], and within the limitsset forth herein.
(2) If the proceeds generated bythe emergency telephone service charge exceed the amountof monies necessary to fund the service, the board of supervisorsmay authorize such excess funds to be expended by the county andthe municipalities in the counties to perform the duties and paythe costs relating to identifying roads, highways and streets, asprovided by Section 65-7-143. The board of supervisors shalldetermine how the funds are to be distributed in the county andamong municipalities in the county for paying the costs relatingto identifying roads, highways and streets. The board ofsupervisors may temporarily reduce the service charge rate ortemporarily suspend the service charge if the proceeds generatedexceed the amount that is necessary to fund the service and/or topay costs relating to identifying roads, highways and streets.Such excess funds may also be used in the development of countyor district communications and paging systems when used primarilyfor the alerting and dispatching of public safety entities andfor other administrative costs such as management personnel,maintenance personnel and related building and operationalrequirements. Such excess funds may be placed in a depreciationfund for emergency and obsolescence replacement ofequipment necessary for the operation of the overall 911emergency telephone and alerting systems.
(3) No such service charge shallbe imposed upon more than twenty-five (25) exchange accessfacilities per person per location. Trunks or service lines usedto supply service to cellular telephone sites or personalcommunications systems sites shall not have a service chargelevied against them. Every billed service user shall be liablefor any service charge imposed under this section until it hasbeen paid to the service supplier. The duty of the servicesupplier to collect any such service charge shall commence uponthe date of its implementation, which shall be specified in theresolution for the installation of such service. Any such emergencytelephone service charge shall be added to and may be statedseparately in the billing by the service supplier to the serviceuser.
(4) The service supplier shallhave no obligation to take any legal action to enforce thecollection of any emergency telephone service charge. However,the service supplier shall annually provide the board ofsupervisors and board of commissioners with a list of the amountuncollected, together with the names and addresses of thoseservice users who carry a balance that can be determined by theservice supplier to be nonpayment of such service charge. Theservice charge shall be collected at the same time as the tariffrate in accordance with the regular billing practice of theservice supplier. Good faith compliance by the service supplierwith this provision shall constitute a complete defense to anylegal action or claim which may result from the servicesupplier’s determination of nonpayment and/or the identificationof service users in connection therewith.
(5) The amounts collected by theservice supplier attributable to any emergency telephoneservice charge shall be due the county treasury monthly. Theamount of service charge collected each month by the servicesupplier shall be remitted to the county no later than sixty (60)days after the close of the month. A return, in such form as theboard of supervisors and the service supplier agree upon, shallbe filed with the county, together with a remittance of theamount of service charge collected payable to the county. Theservice supplier shall maintain records of the amount of servicecharge collected for a period of at least two (2) years from dateof collection. The board of supervisors and board ofcommissioners shall receive an annual audit of the servicesupplier’s books and records with respect to the collection andremittance of the service charge. From the gross receipts to beremitted to the county, the service supplier shall be entitled toretain as an administrative fee, an amount equal to one percent(1~) thereof. From and after March 10, 1987, the service chargeis a county fee and is not subject to any sales, use, franchise,income, excise or any other tax, fee or assessment and shall notbe considered revenue of the service supplier for any purpose.
(6) In order to provide additionalfunding for the district, the board of commissioners may receivefederal, state, county or municipal funds, as well as funds fromprivate sources, and may expend such funds for the purposes ofSection 19-5-301 et seq.
(7) NO CELLULAR TELEPHONESERVICE PROVIDER OR PERSONAL COMMUNICATIONS NETWORK (PCN)PROVIDER, ITS EMPLOYEES OR AGENTS, SHALL BE LIABLE TO ANY PERSONFOR CIVIL DAMAGES RESULTING FROM, OR CAUSED BY, ANY ACT OROMISSION IN THE DEVELOPMENT, DESIGN, INSTALLATION, OPERATION,MAINTENANCE, PERFORMANCE OR PROVISION OF E911 SERVICE, EXCEPT FORWILLFUL OR WANTON MISCONDUCT.
(8) NO CELLULAR TELEPHONESERVICE PROVIDER OR PERSONAL COMMUNICATIONS NETWORK (PCN)PROVIDER, ITS EMPLOYEES OR AGENTS, SHALL BE LIABLE TO ANY PERSONWHO USES THE E911 SERVICE FOR RELEASE OF SUBSCRIBER INFORMATIONREQUIRED UNDER SECTION 19-5-301 ET SEQ. TO ANY PSAP
SECTION 2. This act shall takeeffect and be in force from and after its passage.
WIRELESSLEGISLATION FOR THE STATE OF MISSISSIPPI
SENATE BILL 3007
AN ACT TO AMEND SECTION 19-5-313,MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE CIVIL IMMUNITY OFSERVICE SUPPLIERS, THEIR EMPLOYEES AND AGENTS, IN THEDEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE,PERFORMANCE OR PROVISION OF E911 SERVICE, EXCEPT FORWILLFUL OR WANTON MISCONDUCT; TO PROVIDE FOR THE CIVIL IMMUNITYOF SERVICE SUPPLIERS, THEIR EMPLOYEES AND AGENTS, FOR THE RELEASEOF CUSTOMER INFORMATION, REQUIRED UNDER THE EMERGENCY 911 LAWS,TO ANY PUBLIC SAFETY ANSWERING POINT; AND FOR RELATED PURPOSES.
SECTION 1. Section 19-5-313,Mississippi Code of 1972, is amended as follows:
19-5-313. (1) The board ofsupervisors may levy an emergency telephone service charge in anamount not to exceed One Dollar ($ 1.00) per residentialtelephone subscriber line per month and Two Dollars ($ 2.00) percommercial telephone subscriber line per month. Any emergencytelephone service charge shall have uniform application and shallbe imposed throughout the entirety of the district to thegreatest extent possible in conformity with availability of suchservice in any area of the district. Cellular telephone andpersonal communications network subscribers shall also be subjectto the subscriber service charge. Cellular subscribers andpersonal communications network subscribers shall be treated thesame as residential wireline subscribers and charged accordinglywith the proceeds paid to the county in which the subscriberresides. Those districts which exist on the date of enactment ofHouse Bill No. 901, 1993 Regular Session [Laws, 1993, Ch. 536],shall convert to the following structure for service charge levy:If the current charge is five percent (5%) of the basic tariffservice rate, the new collection shall be Eighty Cents (80 cents)per month per residential subscriber line and One Dollar andSixty Cents ($1.60) per month per commercial subscriber line. Thecollections may be adjusted as outlined in House Bill No. 901,1993 Regular Session [Laws, 1993, Ch. 536], and within the limitsset forth herein.
(2) If the proceeds generated bythe emergency telephone service charge exceed the amount ofmonies necessary to fund the service, the board of supervisorsmay authorize such excess funds to be expended by the county andthe municipalities in the counties to perform the duties and paythe costs relating to identifying roads, highways and streets, asprovided by Section 65-7-143. The board of supervisors shalldetermine how the funds are to be distributed in the county andamong municipalities in the county for paying the costs relatingto identifying roads, highways and streets. The board ofsupervisors may temporarily reduce the service charge rate ortemporarily suspend the service charge if the proceeds generatedexceed the amount that is necessary to fund the service and/or topay costs relating to identifying roads, highways and streets.Such excess funds may also be used in the development of countyor district communications and paging systems when used primarilyfor the alerting and dispatching of public safety entities andfor other administrative costs such as management personnel,maintenance personnel and related building and operationalrequirements. Such excess funds may be placed in a depreciationfund for emergency and obsolescence replacement of equipmentnecessary for the operation of the overall 911 emergencytelephone and alerting systems.
(3) No such service charge shallbe imposed upon more than twenty-five (25) exchange accessfacilities per person per location. Trunks or service lines usedto supply service to cellular telephone sites or personalcommunications systems sites shall not have a service chargelevied against them. Every billed service user shall be liablefor any service charge imposed under this section until it hasbeen paid to the service supplier. The duty of the servicesupplier to collect any such service charge shall commence uponthe date of its implementation, which shall be specified in theresolution for the installation of such service. Any suchemergency telephone service charge shall be added to and may bestated separately in the billing by the service supplier to theservice user.
(4) The service supplier shallhave no obligation to take any legal action to enforce thecollection of any emergency telephone service charge. However,the service supplier shall annually provide the board ofsupervisors and board of commissioners with a list of the amountuncollected, together with the names and addresses of thoseservice users who carry a balance that can be determined by theservice supplier to be nonpayment of such service charge. Theservice charge shall be collected at the same time as the tariffrate in accordance with the regular billing practice of theservice supplier. Good faith compliance by the service supplierwith this provision shall constitute a complete defense to anylegal action or claim which may result from the servicesupplier’s determination of nonpayment and/or the identificationof service users in connection therewith.
(5) The amounts collected by theservice supplier attributable to any emergency telephone servicecharge shall be due the county treasury monthly. The amount ofservice charge collected each month by the service supplier shallbe remitted to the county no later than sixty (60) days after theclose of the month. A return, in such form as the board ofsupervisors and the service supplier agree upon, shall be filedwith the county, together with a remittance of the amount ofservice charge collected payable to the county. The servicesupplier shall maintain records of the amount of service chargecollected for a period of at least two (2) years from date ofcollection. The board of supervisors and board of commissionersshall receive an annual audit of the service supplier’s books andrecords with respect to the collection and remittance of theservice charge. From the gross receipts to be remitted to thecounty, the service supplier shall be entitled to retain as anadministrative fee, an amount equal to one percent (1%) thereof.From and after March 10, 1987, the service charge is a county feeand is not subject to any sales, use, franchise, income, exciseor any other tax, fee or assessment and shall not be consideredrevenue of the service supplier for any purpose.
(6) In order to provide additionalfunding for the district, the board of commissioners may receivefederal, state, county or municipal funds, as well as funds fromprivate sources, and may expend such funds for the purposes ofSection 19-5-301 et seq.
(7) NO SERVICE SUPPLIER, ITSEMPLOYEES OR AGENTS, SHALL BE LIABLE TO ANY PERSON FOR CIVILDAMAGES RESULTING FROM, OR CAUSED BY, ANY ACT OR OMISSION IN THEDEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE,PERFORMANCE OR PROVISION OF E911 SERVICE, EXCEPT FOR WILLFUL ORWANTON MISCONDUCT.
(8) NO SERVICE SUPPLIER, ITSEMPLOYEES OR AGENTS, SHALL BE LIABLE TO ANY _ PERSON WHO USES THEE911 SERVICE FOR RELEASE OF SUBSCRIBERINFORMATION REQUIRED UNDER SECTION 19-5-301 ET SEQ. TO ANY PSAP.
SECTION 2. This act shall takeeffect and be in force from and after its passage.
WIRELESSLEGISLATION FOR THE STATE OF MISSISSIPPI
HOUSE BILL 1566
AN ACT TO AMEND SECTION 19-5-313,MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE CIVIL IMMUNITY OFCELLULAR TELEPHONE SERVICE PROVIDERS AND PERSONALCOMMUNICATION NETWORK PROVIDERS, THEIR EMPLOYEES AND AGENTS INTHE DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE,PERFORMANCE OR PROVISION OF E911 SERVICE, EXCEPT FOR WILLFUL ORWANTON MISCONDUCT; TO PROVIDE FOR THE CIVIL IMMUNITY OF CELLULAR TELEPHONESERVICE PROVIDERS AND PERSONAL COMMUNICATION NETWORKPROVIDERS, THEIR EMPLOYEES AND AGENTS FOR THE RELEASE OF CUSTOMERINFORMATION, AS REQUIRED UNDER THE EMERGENCY 911 LAWS, TOANY PUBLIC SAFETY ANSWERING POINT; AND FOR RELATED PURPOSES.
SECTION 1. Section 19-5-313,Mississippi Code of 1972, is amended as follows:
19-5-313. (1) The board ofsupervisors may levy an emergency telephone service chargein an amount not to exceed One Dollar ($1.00) per residentialtelephone subscriber line per month and Two Dollars ($ 2.00) percommercial telephone subscriber line per month. Any emergencytelephone service charge shall have uniform application andshall be imposed throughout the entirety of the district to thegreatest extent possible in conformity with availability of suchservice in any area of the district. Cellular telephone andpersonal communications network subscribers shall also be subjectto the subscriber service charge. Cellular subscribers andpersonal communications network subscribers shall be treated thesame as residential wireline subscribers and charged accordinglywith the proceeds paid to the county in which the subscriberresides. Those districts which exist on JULY 1, 1993, shallconvert to the following structure for service charge levy: Ifthe current charge is five percent (5%) of the basic tariffservice rate, the new collection shall be Eighty Cents (80cents) per month per residential subscriber line and One Dollarand Sixty Cents ($1.60) per month per commercial subscriber line.The collections may be adjusted as outlined in THIS ARTICLEand within the limits set forth herein.
(2) If the proceeds generated bythe emergency telephone service charge exceed the amountof monies necessary to fund the service, the board of supervisorsmay authorize such excess funds to be expended by the county andthe municipalities in the counties to perform the duties and paythe costs relating to identifying roads, highways and streets, asprovided by Section 65-7-143. The board of supervisors shalldetermine how the funds are to be distributed in the county andamong municipalities in the county for paying the costs relatingto identifying roads, highways and streets. The board ofsupervisors may temporarily reduce the service charge rate ortemporarily suspend the service charge if the proceeds generatedexceed the amount that is necessary to fund the service and/or topay costs relating to identifying roads, highways and streets.Such excess funds may also be used in the development of countyor district communications and paging systems when used primarilyfor the alerting and dispatching of public safety entities andfor other administrative costs such as management personnel,maintenance personnel and related building and operationalrequirements. Such excess funds may be placed in a depreciationfund for emergency and obsolescence replacement ofequipment necessary for the operation of the overall 911emergency telephone and alerting systems.
(3) No such service charge shallbe imposed upon more than twenty-five (25) exchange accessfacilities per person per location. Trunks or service lines usedto supply service to cellular telephone sites or personalcommunications systems sites shall not have a service chargelevied against them. Every billed service user shall be liablefor any service charge imposed under this section until it hasbeen paid to the service supplier. The duty of the servicesupplier to collect any such service charge shall commence uponthe date of its implementation, which shall be specified in theresolution for the installation of such service. Any such emergencytelephone service charge shall be added to and may be statedseparately in the billing by the service supplier to the serviceuser.
(4) The service supplier shallhave no obligation to take any legal action to enforce thecollection of any emergency telephone service charge.However, the service supplier shall annually provide the board ofsupervisors and board of commissioners with a list of the amountuncollected, together with the names and addresses of thoseservice users who carry a balance that can be determined by theservice supplier to be nonpayment of such service charge. Theservice charge shall be collected at the same time as the tariffrate in accordance with the regular billing practice of theservice supplier. Good faith compliance by the service supplierwith this provision shall constitute a complete defense to anylegal action or claim which may result from the servicesupplier’s determination of nonpayment and/or the identificationof service users in connection therewith.
(5) The amounts collected by theservice supplier attributable to any emergency telephone servicecharge shall be due the county treasury monthly. The amount ofservice charge collected each month by the service supplier shallbe remitted to the county no later than sixty (60) days after theclose of the month. A return, in such form as the board ofsupervisors and the service supplier agree upon, shall be filedwith the county, together with a remittance of the amount ofservice charge collected payable to the county. The servicesupplier shall maintain records of the amount of service chargecollected for a period of at least two (2) years from date ofcollection. The board of supervisors and board of commissionersshall receive an annual audit of the service supplier’s books andrecords with respect to the collection and remittance of theservice charge. From the gross receipts to be remitted to thecounty, the service supplier shall be entitled to retain as anadministrative fee, an amount equal to one percent (11) thereof.From and after March 10, 1987, the service charge is a county feeand is not subject to any sales, use, franchise, income, exciseor any other tax, fee or assessment and shall not be consideredrevenue of the service supplier for any purpose.
(6) In order to provide additionalfunding for the district, the board of commissioners may receivefederal, state, county or municipal funds, as well as funds fromprivate sources, and may expend such funds for the purposes ofSections 19-5-301 THROUGH 19-5-317
(7) NO CELLULAR TELEPHONESERVICE PROVIDER OR PERSONAL COMMUNICATIONS NETWORK(PCN) PROVIDER, ITS EMPLOYEES OR AGENTS SHALL BE LIABLE TO ANYPERSON FOR CIVIL DAMAGES RESULTING FROM, OR CAUSED BY, ANY ACT OROMISSION IN THE DEVELOPMENT, DESIGN, INSTALLATION, OPERATION,MAINTENANCE, PERFORMANCE OR PROVISION OF E911 SERVICE, EXCEPT FORWILLFUL OR WANTON MISCONDUCT.
(a) NO CELLULAR TELEPHONESERVICE PROVIDER OR PERSONAL COMMUNICATIONS NETWORK(PCN) PROVIDER, ITS EMPLOYEES OR AGENTS SHALL BE LIABLE TO ANYPERSON WHO USES THE E911 SERVICE FOR RELEASEOF SUBSCRIBER INFORMATION REQUIRED UNDER SECTIONS 19-5-301THROUGH 19-5-317 TO ANY PSAP.
SECTION 2. This act shall takeeffect and be in force from and after its passage.
WIRELESSLEGISLATION FOR THE STATE OF MISSISSIPPI
HOUSE BILL 1694
AN ACT TO AMEND SECTION 19-5-313,MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE CIVIL IMMUNITY OFSERVICE SUPPLIERS, THEIR EMPLOYEES AND AGENTS IN THE DEVELOPMENT,DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE ORPROVISION OF E911 SERVICE, EXCEPT FOR WILLFUL OR WANTONMISCONDUCT; TO PROVIDE FOR THE CIVIL IMMUNITY OF SERVICESUPPLIERS, THEIR EMPLOYEES AND AGENTS FOR THE RELEASE OF CUSTOMERINFORMATION, AS REQUIRED UNDER THE EMERGENCY 911 LAWS, TO ANYPUBLIC SAFETY ANSWERING POINT; AND FOR RELATED PURPOSES.
SECTION 1. Section 19-5-313,Mississippi Code of 1972, is amended as follows:
19-5-313. (1) The board ofsupervisors may levy an emergency telephone service charge in anamount not to exceed One Dollar ($1.00) per residential telephonesubscriber line per month and Two Dollars ($2.00) per commercialtelephone subscriber line per month. Any emergency telephoneservice charge shall have uniform application and shall beimposed throughout the entirety of the district to the greatestextent possible in conformity with availability of such servicein any area of the district. Cellular telephone and personalcommunications network subscribers shall also be subject to thesubscriber service charge. Cellular subscribers and personalcommunications network subscribers shall be treated the same asresidential wireline subscribers and charged accordingly with theproceeds paid to the county in which the subscriber resides.Those districts which exist on JULY 1, 1993, shall convertto the following structure for service charge levy: If thecurrent charge is five percent (5%) of the basic tariff servicerate, the new collection shall be Eighty Cents (80 cents) permonth per residential subscriber line and One Dollar and SixtyCents ($ 1.60) per month per commercial subscriber line. Thecollections may be adjusted as outlined in THIS ARTICLEand within the limits set forth herein.
(2) If the proceeds generated bythe emergency telephone service charge exceed the amount ofmonies necessary to fund the service, the board of supervisorsmay authorize such excess funds to be expended by the county andthe municipalities in the counties to perform the duties and paythe costs relating to identifying roads, highways and streets, asprovided by Section 65-7-143. The board of supervisors shalldetermine how the funds are to be distributed in the county andamong municipalities in the county for Paying the costs relatingto identifying roads, highways and streets. The board ofsupervisors may temporarily reduce the service charge rate ortemporarily suspend the service charge if the proceeds generatedexceed the amount that is necessary to fund the service and/or topay costs relating to identifying roads, highways and streets.Such excess funds may also be used in the development of countyor district communications and paging systems when used primarilyfor the alerting and dispatching of public safety entities andfor other administrative costs such as management personnel,maintenance personnel and related building and operationalrequirements. Such excess funds may be placed in a depreciationfund for emergency and obsolescence replacement of equipmentnecessary for the Operation of the overall 911 emergencytelephone and alerting systems.
(3) No such service charge shallbe imposed upon more than twenty-five (25) exchange accessfacilities per person per location. Trunks or service lines usedto supply service to cellular telephone sites or personalcommunications systems sites shall not have a service chargelevied against them. Every billed service user shall be liablefor any service charge imposed under this section until it hasbeen paid to the service supplier. The duty of the servicesupplier to collect any such service charge shall commence uponthe date of its implementation, which shall be specified in theresolution for the installation of such service. Any suchemergency telephone service charge shall be added to and may bestated separately in the billing by the service supplier to theservice user.
(4) The service supplier shallhave no obligation to take any legal action to enforce thecollection of any emergency telephone service charge. However,the service supplier shall annually provide the board ofsupervisors and board of commissioners with a list of the amountuncollected, together with the names and addresses of thoseservice users who carry a balance that can be determined by theservice supplier to be nonpayment of such service charge. Theservice charge shall be collected at the same time as the tariffrate in accordance with the regular billing practice of theservice supplier. Good faith compliance by the service supplierwith this provision shall constitute a complete defense to anylegal action or claim which may result from the servicesupplier’s determination of nonpayment and/or the identificationof service users in connection therewith.
(5) The amounts collected by theservice supplier attributable to any emergency telephone servicecharge shall be due the county treasury monthly. The amount ofservice charge collected each month by the service supplier shallbe remitted to the county no later than sixty (60) days after theclose of the month. A return, in such form as the board ofsupervisors and the service supplier agree upon, shall be filedwith the county, together with a remittance of the amount ofservice charge collected payable to the county. The servicesupplier shall maintain records of the amount of service chargecollected for a period of at least two (2) years from date ofcollection. The board of supervisors and board of commissionersshall receive an annual audit of the service supplier’s books andrecords with respect to the collection and remittance of theservice charge. From the gross receipts to be remitted to thecounty, the service supplier shall be entitled to retain as anadministrative fee, an amount equal to one percent (1%) thereof.From and after March 10, 1987, the service charge is a county feeand is not subject to any sales, use, franchise, income, exciseor any other tax, fee or assessment and shall not be consideredrevenue of the service supplier for any purpose.
(6) In order to provide additionalfunding for the district, the board of commissioners may receivefederal, state, county or municipal funds, as well as funds fromprivate sources, and may expend such funds for the purposes ofSections 19-5-301 THROUGH 19-5-317.
(7) NO SERVICE SUPPLIER, ITSEMPLOYEES OR AGENTS SHALL BE LIABLE TO ANY PERSON FOR CIVILDAMAGES RESULTING FROM, OR CAUSED BY, ANY ACT OR OMISSION IN THEDEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE,PERFORMANCE OR PROVISION OF E911 SERVICE, EXCEPT FOR WILLFUL ORWANTON MISCONDUCT.
3) NO SERVICE SUPPLIER, ITSEMPLOYEES OR AGENTS SHALL BE LIABLE TO ANY PERSON WHO USES THEE911 SERVICE FOR RELEASE OF SUBSCRIBER INFORMATION REQUIRED UNDERSECTIONS 19-5-301 THROUGH 19-5-317 TO ANY PSAP.
SECTION 2. This act shall takeeffect and be in force from and after its passage.