(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 569–Senator Amodei

 

April 27, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes relating to enhancements of telephone systems for reporting emergencies in counties. (BDR 20‑1527)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to telephone systems; providing for the imposition of surcharges on telephone services by certain counties for the enhancement of telephone systems for reporting emergencies in those counties; providing for the deposit of certain fees imposed by cities and counties on providers of personal wireless service into a special revenue fund; revising the purposes for which money in the special revenue fund may be used; prohibiting the governing body of every incorporated city from imposing certain requirements upon a provider of telecommunications service; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 244A of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3    1.  If the board of county commissioners of a county whose

1-4  population is less than 100,000 imposes a surcharge pursuant to NRS

1-5  244A.7643 and:

1-6    (a) The board also imposes a fee on a provider of personal wireless

1-7  service and the fee is a fee for a business license which is regulated

1-8  pursuant to NRS 354.59881 to 354.59889, inclusive, the county treasurer

1-9  shall, except as otherwise provided in this section, deposit the money

1-10  generated from that fee, including any penalty and interest assessed

1-11  pursuant to NRS 354.59887, into the special revenue fund.

1-12    (b) A city located within the county imposes a fee on a provider of

1-13  personal wireless service and the fee is a fee for a business license which

1-14  is regulated pursuant to NRS 354.59881 to 354.59889, inclusive, the

1-15  governing body of the city shall transfer the money generated from that

1-16  fee, including any penalty and interest assessed pursuant to NRS

1-17  354.59887, to the county treasurer for deposit into the special revenue

1-18  fund.

2-1    2.  A county treasurer shall not deposit any money into the special

2-2  revenue fund pursuant to this section if the deposit of the money would

2-3  cause the unencumbered balance in the special revenue fund to exceed

2-4  the maximum allowable balance for the special revenue fund set forth in

2-5  NRS 244A.7645.

2-6    3.  If the governing body of a city transfers to the county treasurer for

2-7  deposit into the special revenue fund pursuant to this section money

2-8  generated from fees for business licenses which fees are regulated by

2-9  NRS 354.59881 to 354.59889, inclusive, and the deposit of that money

2-10  into the special revenue fund would cause the unencumbered balance of

2-11  the special revenue fund to exceed the maximum allowable balance for

2-12  the special revenue fund set forth in NRS 244A.7645, the county

2-13  treasurer shall refund to the governing body of the city that amount of

2-14  such money which, if so deposited, would cause the unencumbered

2-15  balance of the special revenue fund to exceed its maximum allowable

2-16  balance.

2-17    4.  As used in this section:

2-18    (a) “Personal wireless service” has the meaning ascribed to it in NRS

2-19  354.598816.

2-20    (b) “Special revenue fund” means the special revenue fund created

2-21  pursuant to NRS 244A.7645.

2-22    Sec. 2.  NRS 244A.7641 is hereby amended to read as follows:

2-23    244A.7641  As used in NRS 244A.7641 to 244A.7647, inclusive, and

2-24  section 1 of this act, unless the context otherwise requires:

2-25    1.  “Mobile telephone service” means cellular or other service to a

2-26  telephone installed in a vehicle or which is otherwise portable.

2-27    2.  “Supplier” means a person authorized by the Federal

2-28  Communications Commission to provide mobile telephone service.

2-29    Sec. 3.  NRS 244A.7643 is hereby amended to read as follows:

2-30    244A.7643  1.  [The] Except as otherwise provided in this section,

2-31  the board of county commissioners in a county whose population is 20,000

2-32  or more [than 100,000] but less than 400,000 may, by ordinance, impose a

2-33  surcharge on:

2-34    (a) Each access line or trunk line of each customer to the local exchange

2-35  of any telephone company providing those lines in the county; and

2-36    (b) The mobile telephone service provided to each customer of

2-37  that service [who resides] whose place of primary use is in the

2-38  county,

2-39  for the enhancement of the telephone system for reporting an emergency in

2-40  the county.

2-41    2.  The board of county commissioners of a county whose population

2-42  is less than 100,000 may not impose a surcharge pursuant to this section

2-43  unless the board first adopts a 5-year master plan for the enhancement of

2-44  the telephone system for reporting emergencies in the county. The master

2-45  plan must include an estimate of the cost of the enhancement of the

2-46  telephone system and all proposed sources of money for funding the

2-47  enhancement.

2-48    3.  The surcharge imposed by a board of county commissioners

2-49  pursuant to [subsection 1:] this section:

3-1    (a) For each access line to the local exchange of a telephone company,

3-2  must not exceed 25 cents each month;

3-3    (b) For each trunk line to the local exchange of a telephone company,

3-4  must equal 10 times the amount of the surcharge imposed for each access

3-5  line to the local exchange of a telephone company pursuant to paragraph

3-6  (a); and

3-7    (c) For each telephone number assigned to a customer by a supplier of

3-8  mobile telephone service, must equal the amount of the surcharge imposed

3-9  for each access line to the local exchange of a telephone company pursuant

3-10  to paragraph (a).

3-11    [3.] 4. A telephone company which provides access lines or trunk

3-12  lines in a county which imposes a surcharge pursuant to this section or a

3-13  supplier which provides mobile telephone service to a customer in such a

3-14  county, shall collect the surcharge from its customers each month. Except

3-15  as otherwise provided in NRS 244A.7647, the telephone company or

3-16  supplier shall remit the surcharge it collects to the treasurer of the county

3-17  [where] in which the surcharge is imposed not later than the 15th day of

3-18  the month after the month it receives payment of the surcharge from its

3-19  customers.

3-20    [4.] 5. An ordinance adopted pursuant to subsection 1 may include a

3-21  schedule of penalties for the delinquent payment of amounts due from

3-22  telephone companies or suppliers pursuant to this section. Such a schedule:

3-23    (a) Must provide for a grace period of not less than 90 days after the

3-24  date on which the telephone company or supplier must otherwise remit the

3-25  surcharge to the county treasurer; and

3-26    (b) Must not provide for a penalty that exceeds 5 percent of the

3-27  cumulative amount of surcharges owed by a telephone company or a

3-28  supplier.

3-29    [5.] 6. As used in this section, “trunk line” means a line which

3-30  provides a channel between a switchboard owned by a customer of a

3-31  telephone company and the local exchange of the telephone company.

3-32    Sec. 4.  NRS 244A.7645 is hereby amended to read as follows:

3-33    244A.7645  If a surcharge is imposed in a county pursuant to NRS

3-34  244A.7643, the board of county commissioners of that county shall:

3-35    1.  Establish, by ordinance, an advisory committee to develop a plan to

3-36  enhance the telephone system for reporting an emergency in that county

3-37  and to oversee any money allocated for that purpose. The advisory

3-38  committee must consist of not less than five members who:

3-39    (a) Are residents of the county;

3-40    (b) Possess knowledge concerning telephone systems for reporting

3-41  emergencies; and

3-42    (c) Are not elected public officers.

3-43  If the county in which the surcharge is being imposed pursuant to NRS

3-44  244A.7643 has a population of less than 100,000, the advisory committee

3-45  must include a representative of an incumbent local exchange carrier

3-46  which provides service to persons in that county. As used in

3-47  this subsection, “incumbent local exchange carrier” has the

3-48  meaning ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on

4-1  October 1, 1999, and includes a local exchange carrier that is treated as

4-2  an incumbent local exchange carrier pursuant to that section.

4-3    2.  Create a special revenue fund of the county for the deposit of the

4-4  money collected pursuant to NRS 244A.7643. The money in the fund must

4-5  be used only to[:

4-6    (a) Enhance] enhance the telephone system for reporting an emergency

4-7  so that the number and address from which a call received by the system is

4-8  made may be determined[; and

4-9    (b) Make any other improvements to the services provided by the

4-10  telephone system for reporting an emergency.] , including only:

4-11    (a) Paying recurring and nonrecurring charges for

4-12  telecommunication services necessary for the operation of the enhanced

4-13  telephone system;

4-14    (b) Paying costs for personnel and training associated with the routine

4-15  maintenance and updating of the database for the system;

4-16    (c) Purchasing, leasing or renting the equipment and software

4-17  necessary to operate the enhanced telephone system; and

4-18    (d) Paying costs associated with any maintenance, upgrade and

4-19  replacement of equipment and software necessary for the operation of

4-20  the enhanced telephone system.

4-21    3.  If the balance in the fund created pursuant to subsection 2 which has

4-22  not been committed for expenditure exceeds $500,000 at the end of any

4-23  fiscal year, reduce the amount of the surcharge imposed during the next

4-24  fiscal year by the amount necessary to ensure that the unencumbered

4-25  balance in the fund at the end of the next fiscal year does not exceed

4-26  $500,000.

4-27  Sec. 5.  NRS 268.088 is hereby amended to read as follows:

4-28  268.088  The governing body of an incorporated city [whose

4-29  population is 25,000 or more] shall not:

4-30  1.  Impose any terms or conditions on a franchise for the provision of

4-31  telecommunications service or interactive computer service other than

4-32  terms or conditions concerning the placement and location of the telephone

4-33  or telegraph lines and fees imposed for a business license or the franchise,

4-34  right or privilege to construct, install or operate such lines.

4-35  2.  Require a company that provides telecommunications service or

4-36  interactive computer service to obtain a franchise if it provides

4-37  telecommunications service over the telephone or telegraph lines owned by

4-38  another company.

4-39  3.  Require a person who holds a franchise for the provision of

4-40  telecommunications service to place its facilities in ducts or conduits or on

4-41  poles owned or leased by the city.

4-42  4.  As used in this section:

4-43  (a) “Interactive computer service” has the meaning ascribed to it in 47

4-44  U.S.C. § 230(e)(2), as that section existed on July 16, 1997.

4-45  (b) “Telecommunications service” has the meaning ascribed to it in 47

4-46  U.S.C. § 153(46), as that section existed on July 16, 1997.

4-47    Sec. 6.  This act becomes effective on July 1, 2001.

 

4-48  H