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20LSO-0047
2020
STATE OF WYOMING
20LSO-0047
Numbered
2.0
HOUSE BILL NO. HB0071
Wyoming public safety communications system funding.
Sponsored by: Joint Transportation, Highways & Military Affairs Interim Committee
A BILL
for
AN ACT relating to public safety communications; establishing a statewide service charge; providing definitions; requiring reporting; creating an account; providing an appropriation; authorizing rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 9
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2
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1107 and 9
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2
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1108 are created to read:
9
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2
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1107.
Public safety communications service charge.
(a)
Except as provided in subsection (b) of this section, there is imposed a public safety communications service charge on service users in this state in an amount of fifty cents ($.50):
(i)
Per month on each local exchange access line, on each wireless communications access and on each other technological device that under normal operation is designed or routinely used to access emergency service via telecommunications;
(ii)
On every retail sale of prepaid wireless communications access in Wyoming.
(b)
The service charges created under subsection (a) of this section shall not be imposed on:
(i)
Any state or local governmental entity;
(ii)
More than one hundred (100) local exchange access lines or their equivalent per customer billing;
(iii)
Sales of prepaid wireless communications access intended for resale;
(iv)
Sales of prepaid wireless communications access that is sold with one (1) or more other products or services for a single, nonitemized price when the prepaid wireless communications access is for ten (10) or fewer minutes or has a value of five dollars ($5.00) or less.
(c)
The proceeds of the public safety communications service charge shall be deposited in the public safety communications system account, which is hereby created. Interest earned on monies in the account shall be deposited to the account. Monies in the account shall only be expended by the department of transportation as advised by the public safety communications commission and upon legislative appropriation to pay for system maintenance and interoperability and to defray user fees for state and local agency system participation and integration.
(d)
The public safety communications service charge shall be collected by all service suppliers:
(i)
At the time charges are collected under the regular billing practice of the service supplier for local exchange access lines, wireless communications access or other technological devices that under normal operation are designed or routinely used to access emergency service via telecommunications. For purposes of this paragraph:
(A)
The service charge shall be added to and stated separately in billings to the service user;
(B)
Every billed service user shall be liable for the public safety communications service charge imposed by subsection (a) of this section until it has been paid to the service supplier. The service supplier shall be liable to remit all service charges collected as provided in W.S. 9
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1108;
(C)
The service supplier is not liable for uncollected amounts under this paragraph. The service supplier shall annually provide the public safety communications commission a list of the amounts uncollected
along with the names and addresses of delinquent service users. The public safety communications commission may bring an action to collect the service charge due under this section;
(D)
No service supplier shall discontinue service to any service user for the nonpayment of the public safety communications service charge due under this section.
(ii)
From each purchaser of prepaid wireless communications access in Wyoming, which purchaser shall be considered a service user. For purposes of this paragraph:
(A)
The amount of the service charge shall be either separately stated on an invoice, receipt or other similar document that is provided to the service user by the service supplier or shall be otherwise disclosed to the service user;
(B)
Retail sale of prepaid wireless communications access occurs in Wyoming if the transaction would be sourced to Wyoming under W.S. 39
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104(f)(xi)(C);
(C)
The service charge imposed by subsection (a) of this section is the liability of the service user and the service supplier. The service supplier shall be liable to remit all service charges due or collected as provided in W.S. 9
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1108.
(e)
If the public safety communications service charge collected pursuant to subsection (d) of this section is separately stated on a billing statement, invoice, receipt or similar document provided to the service user by the service supplier, the service charge shall not be included in the base for calculating any other charge, tax, fee, surcharge or other charge imposed by this state, any political subdivision of the state or any intergovernmental agency.
(f)
The public safety communications commission shall report to the joint transportation, highways and military affairs interim committee on or before July 1, 2021 and every four (4) years thereafter. The report required by this subsection shall update the committee on system developments, shall contain an analysis of the service charge imposed by
subsection (a) of this section and shall recommend whether the service charge continues to be necessary for the maintenance of, interoperability of and local agency participation in the system. The public safety communications commission may adopt rules requiring the reporting of billing and sales data or other information necessary to complete the analysis required by this subsection.
(g)
The public safety communications commission shall promulgate rules as necessary or appropriate for the efficient administration of W.S. 9
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1107 and 9
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1108.
9
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1108.
Remittance of service charge to the state; administrative fee.
(a)
The amounts collected under W.S. 9
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1107 shall be remitted by the service supplier who collected them to the department of revenue as follows:
(i)
A service supplier shall remit to the department of revenue all monies collected at the times and in the manner provided by W.S. 39
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107(a). The department
of revenue may establish by rule procedures reasonably necessary to facilitate the transfer of these monies. The service supplier shall be subject to the penalty and enforcement provisions provided by W.S. 39
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108 for any failure to collect or remit funds;
(ii)
A service supplier remitting collected service charges may deduct and retain two percent (2%) of the service charge collected as the cost of administration for collecting the service charges;
(iii)
The audit and appeal procedures applicable to the collection of state sales taxes shall apply to the collection and remittance of taxes authorized by this section;
(iv)
Pursuant to rules adopted for this purpose, the department of revenue shall establish a procedure by which service suppliers shall document that a transaction involving prepaid wireless communications access is not a retail sale subject to the service charge imposed by W.S. 9
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1107. The procedure shall be substantially similar to the procedure
used to document a sale for resale transaction for purposes of sales tax.
(b)
The monies collected by the department of revenue under this section shall not be general revenues of the state and shall be held by the department of revenue in a separate account for distribution as follows:
(i)
The department of revenue shall deduct one percent (1%) of the total monies collected to cover its administrative expenses and costs, which amount shall be remitted to the treasurer for credit to the general fund;
(ii)
After deduction of the amount authorized by paragraph (i) of this subsection, the department of revenue shall pay all remaining amounts collected to the state treasurer to be deposited in the public safety communications system account created by W.S.
9
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2
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1107(c);
(iii)
The payment authorized by paragraph (ii) of this subsection shall be remitted to the state treasurer no
later than fifteen (15) days after the close of the calendar quarter.
Section 2.
W.S. 9
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1101(b)(intro) and by creating new paragraphs (iii) through (vii), 37
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105(d)(iii) and by creating a new paragraph (v) and 37
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202(j) by creating a new paragraph (vi) are amended to read:
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1101.
Commission; created; definitions.
(b)
As used in W.S. 9
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1101 through
9
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1104
9
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1108
:
(iii)
"Local exchange access line" means as defined in W.S. 16
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102(a)(iii);
(iv)
"Prepaid wireless communications access" means as defined in W.S.
16
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102(a)(xvii);
(v)
"Service supplier" means as defined in W.S. 16
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102(a)(viii);
(vi)
"Service user" means as defined in W.S. 16
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102(a)(ix);
(vii)
"Wireless communications access" means as defined in W.S.
16
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9
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102(a)(xv).
37
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105.
VoIP and internet protocol enabled services.
(d)
Voice over internet protocol service shall be subject to the following:
(iii)
Any required special fee under W.S. 16
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9
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209;
or
(v)
Any required service charge under W.S. 9
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1107.
37
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202.
Determination of competitive services.
(j)
Services found to be competitive under subsection (a), (c) or (d) of this section shall be subject to the following:
(vi)
Any required service charge under W.S.
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1107.
Section 3.
There is appropriated three million eight hundred thousand dollars ($3,800,000.00) from the general fund to the public safety communications system account created by W.S.
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1107(c) for purposes as specified in W.S.
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1107(c) as created by this act. This appropriation shall be for the period beginning with the effective date of this section and ending June 30, 2022. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June
30,
2022.
Section 4.
On or before July 1, 2020, the department of revenue and the public safety communications commission shall promulgate rules and prescribe forms necessary to implement W.S.
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1107 and 9
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1108 as created by section 1 of this act.
Section 5.
(a) Except as provided in subsection (b) of this section, this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(b) Sections 1 through 3 of this act are effective July 1, 2020.
(END)
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HB0071