2005 Maine Code - §2927 — E-9-1-1 funding

      1. Statewide E-9-1-1 surcharge.[1993, c. 566, §9 (new); T. 25, §2927, sub-§7 (rp).]
      1-A. Statewide E-9-1-1 surcharge.[1997, c. 409, §1 (amd); T. 25, §2927, sub-§7-A (rp).]
      1-B. Statewide E-9-1-1 surcharge. The activities authorized under this chapter are funded through a special statewide E-9-1-1 surcharge levied on each residential and business telephone exchange line, including private branch exchange lines and Centrex lines, cellular or wireless telecommunications service subscribers and semipublic coin and public access lines. The statewide E-9-1-1 surcharge may not be imposed on more than 25 lines or numbers per customer billing account. In the case of cellular or wireless telecommunications service subscribers, the place of residence of those subscribers must be determined according to the sourcing rules for mobile telecommunications services as set forth in Title 36, section 2556. The statewide E-9-1-1 surcharge is 50¢ per month per line or number. The statewide E-9-1-1 surcharge must be billed on a monthly basis by each local exchange telephone utility or cellular or wireless telecommunications service provider and be shown separately as a statewide E-9-1-1 surcharge on the customer's bill.[2003, c. 673, Pt. V, §4 (amd); §29 (aff).]
      2. Surcharge remittance.[1993, c. 566, §9 (new); T. 25, §2927, sub-§7 (rp).]
      2-A. Surcharge remittance.[1997, c. 409, §1 (amd); T. 25, §2927, sub-§7-A (rp).]
      2-B. Surcharge remittance. Each local exchange telephone utility and cellular or wireless telecommunications service provider shall remit the statewide E-9-1-1 surcharge revenues collected from its customers pursuant to this section on a monthly basis and within one month of the month collected to the Treasurer of State for deposit in a separate account known as the E-9-1-1 fund. Service providers shall provide, on a form approved by the bureau, supporting data, including but not limited to the following:
   
A. The calculation used to arrive at the surcharge remittance amount; [2001, c. 439, Pt. EEEE, §7 (new).]    
B. The calculation used to arrive at the uncollectible amount of surcharge; [2001, c. 439, Pt. EEEE, §7 (new).]    
C. The total surcharge; [2001, c. 439, Pt. EEEE, §7 (new).]    
D. The month and year for which surcharge is remitted; [2001, c. 439, Pt. EEEE, §7 (new).]    
E. The legal name of company and telephone number and, if applicable, the parent company name, address and telephone number; and [2001, c. 439, Pt. EEEE, §7 (new).]    
F. The preparer's name and telephone number. [2001, c. 439, Pt. EEEE, §7 (new).] [2001, c. 439, Pt. EEEE, §7 (amd).]
      3. Expenditure of funds. The bureau may use the revenues in the E-9-1-1 fund to fund staff and to defray costs associated with the implementation, operation and management of E-9-1-1 and transfer funds to the Other Special Revenue Funds, Emergency Medical Services account within the Department of Public Safety to defray the costs, including necessary staffing costs, of the Emergency Medical Services' Board in implementing the requirements of Title 32, section 85-A. The bureau, to the extent it determines sufficient funds are available in the E-9-1-1 fund, shall use revenues in the E-9-1-1 fund to reimburse local exchange carriers and cellular and wireless telecommunications service providers for eligible expenses incurred by the carriers and service providers. For purposes of this subsection, the term "eligible expenses" means expenses:
   
A. Incurred in preparing, correcting, verifying or updating subscriber information for use in databases necessary to implement the E-9-1-1 system; [2003, c. 194, §1 (amd).]    
B. Determined by the Public Utilities Commission to meet the requirements of paragraph A and to be reasonable expenses for the services provided; and [2003, c. 194, §1 (amd).]    
C. When incurred by a cellular or wireless telecommunications service provider:   
(1) That are approved by the bureau to be properly incurred for the implementation of E-9-1-1 technologies and procedures;  
(2) That are not separately billed to customers; and  
(3) For which the provider is not reimbursed from any other source. [2003, c. 194, §1 (new).]

The Public Utilities Commission, in consultation with the bureau, shall establish procedures for reviewing and approving expenses pursuant to paragraph B.
[2005, c. 303, §1 (amd).]
      3-A. Payment of emergency medical dispatch training costs. To assist public safety answering points in meeting the requirements of Title 32, section 85-A, the bureau shall provide free training courses for emergency medical dispatchers, as defined in Title 32, section 85-A, subsection 1, paragraph D, or reimburse public safety answering points for reasonable costs, as determined by the bureau, incurred for training courses approved by the bureau and attended by employees of the public safety answering point upon submission by the public safety answering point of adequate documentation of completion of the courses by the employees. The bureau shall provide each public safety answering point a sufficient number of approved Emergency Medical Dispatch Priority Reference System documents in printed or electronic format, as determined by the bureau pursuant to Title 32, section 85-A. All costs incurred by the bureau under this subsection must be paid from the E-9-1-1 fund.[2005, c. 303, §2 (new).]
      4. Unexpended funds; interest. Any amount of the E-9-1-1 fund not expended at the end of the fiscal year may not lapse but must be carried forward to be expended for the purposes specified in this chapter in succeeding fiscal years. The Treasurer of State shall credit all interest on fund balances to the fund.[1993, c. 566, §9 (new).]
      5. Legislative annual report. The bureau shall report annually, before February 1st, to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters on:
   
A. The bureau's planned expenditures for the year and use of funds for the previous year; [1997, c. 409, §1 (amd).]    
B. The statewide E-9-1-1 surcharge collected under this section; [1997, c. 409, §1 (amd).]    
C. The bureau's recommended statewide E-9-1-1 surcharge for the coming year; and [1997, c. 409, §1 (new).]    
D. The bureau's recommendations for amending existing and enacting new law to improve the E-9-1-1 system. [1997, c. 409, §1 (new).] [1997, c. 409, §1 (amd).]
      5-A. Committee recommendations; budget. The joint standing committee of the Legislature having jurisdiction over utilities and energy matters shall make recommendations to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs regarding all expenditures from the E-9-1-1 fund.[1999, c. 790, Pt. A, §31 (amd).]
      6. Violations. A telephone utility or a cellular or wireless telecommunications service provider subject to this section that intentionally and knowingly fails to remit the statewide E-9-1-1 surcharge revenues collected under this section commits a civil violation for which a forfeiture of not more than $500 may be adjudged for each day that payment is not made after the due date.[1997, c. 409, §1 (amd).]
      7. Repeal.[1997, c. 409, §1 (rp).]
      7-A. Repeal. Subsections 1-A and 2-A are repealed 90 days after the adjournment of the First Regular Session of the 119th Legislature.[1997, c. 409, §1 (amd).]

Section History:
MRSA ,     §T.25 SEC. 2927/7,7A (AMD).
PL 1993,  Ch. 566,   §9 (NEW).
PL 1995,  Ch. 672,   §1-4 (AMD).
PL 1997,  Ch. 409,   §1 (AMD).
PL 1999,  Ch. 651,   §1,2 (AMD).
PL 1999,  Ch. 651,   §4 (AFF).
PL 1999,  Ch. 790,   §A31 (AMD).
PL 2001,  Ch. 439,   §EEEE6,7 (AMD).
PL 2001,  Ch. 584,   §1 (AMD).
PL 2001,  Ch. 584,   §10 (AFF).
PL 2003,  Ch. 194,   §1 (AMD).
PL 2003,  Ch. 359,   §4 (AMD).
PL 2003,  Ch. 673,   §V29 (AFF).
PL 2003,  Ch. 673,   §V4 (AMD).
PL 2005,  Ch. 303,   §1,2 (AMD).