190.430. Fee for wireless service--rules--office of administration, powers. - Missouri Statutes

Fee for wireless service--rules--office of administration, powers.

190.430. 1. The commissioner of the office of administration isauthorized to establish a fee, if approved by the voters pursuant to section190.440, not to exceed fifty cents per wireless telephone number per month tobe collected by wireless service providers from wireless service customers.

2. The office of administration shall promulgate rules and regulationsto administer the provisions of sections 190.400 to 190.440. Any rule orportion of a rule, as that term is defined in section 536.010, RSMo, that ispromulgated pursuant to the authority delegated in sections 190.400 to 190.440shall become effective only if it has been promulgated pursuant to theprovisions of chapter 536, RSMo. All rulemaking authority delegated prior toJuly 2, 1998, is of no force and effect and repealed; however, nothing in thissection shall be interpreted to repeal or affect the validity of any rulefiled or adopted prior to July 2, 1998, if it fully complied with theprovisions of chapter 536, RSMo. This section and chapter 536, RSMo, arenonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date or todisapprove and annul a rule are subsequently held unconstitutional, then thegrant of rulemaking authority and any rule proposed or adopted after July 2,1998, shall be invalid and void.

3. The office of administration is authorized to administer the fund andto distribute the moneys in the wireless service provider enhanced 911 servicefund for approved expenditures as follows:

(1) For the reimbursement of actual expenditures for implementation ofwireless enhanced 911 service by wireless service providers in implementingFederal Communications Commission order 94-102; and

(2) To subsidize and assist the public safety answering points based ona formula established by the office of administration, which may include, butis not limited to the following:

(a) The volume of wireless 911 calls received by each public safetyanswering point;

(b) The population of the public safety answering point jurisdiction;

(c) The number of wireless telephones in a public safety answering pointjurisdiction by zip code; and

(d) Any other criteria found to be valid by the office of administrationprovided that of the total amount of the funds used to subsidize and assistthe public safety answering points, at least ten percent of said funds shallbe distributed equally among all said public safety answering points providingsaid services under said section;

(3) For the reimbursement of actual expenditures for equipment forimplementation of wireless enhanced 911 service by public safety answeringpoints to the extent that funds are available, provided that ten percent offunds distributed to public safety answering points shall be distributed inequal amounts to each public safety answering point participating in enhanced911 service;

(4) Notwithstanding any other provision of the law, no proprietaryinformation submitted pursuant to this section shall be subject to subpoena orotherwise released to any person other than to the submitting wireless serviceprovider, without the express permission of said wireless service provider.General information collected pursuant to this section shall only be releasedor published in aggregate amounts which do not identify or allowidentification of numbers of subscribers or revenues attributable to anindividual wireless service provider.

4. Wireless service providers are entitled to retain one percent of thesurcharge money they collect for administrative costs associated with billingand collection of the surcharge.

5. No more than five percent of the moneys in the fund, subject toappropriation by the general assembly, shall be retained by the office ofadministration for reimbursement of the costs of overseeing the fund and forthe actual and necessary expenses of the board.

6. The office of administration shall review the distribution formulaonce every year and may adjust the amount of the fee within the limits of thissection, as determined necessary.

7. The provisions of sections 190.307 and 190.308 shall be applicable toprograms and services authorized by sections 190.400 to 190.440.

8. Notwithstanding any other provision of the law, in no event shall anywireless service provider, its officers, employees, assigns or agents, beliable for any form of civil damages or criminal liability which directly orindirectly result from, or is caused by, an act or omission in thedevelopment, design, installation, operation, maintenance, performance orprovision of 911 service or other emergency wireless two- and three-digitwireless numbers, unless said acts or omissions constitute gross negligence,recklessness or intentional misconduct. Nor shall any wireless serviceprovider, its officers, employees, assigns, or agents be liable for any formof civil damages or criminal liability which directly or indirectly resultfrom, or is caused by, the release of subscriber information to anygovernmental entity as required under the provisions of this act* unless therelease constitutes gross negligence, recklessness or intentional misconduct.

(L. 1998 S.B. 743)

Effective 7-2-98

*"This act" (S.B. 743, 1998) contained numerous sections. Consult Disposition of Sections table for a definitive listing.