2018 Oklahoma Statutes
Title 63. Public Health and Safety
§63-2865. Fees - Transactions.

Universal Citation: 63 OK Stat § 63-2865 (2018)

A. Beginning January 1, 2017, there shall be imposed a 9-1-1 telephone fee as follows:

1. Seventy-five cents ($0.75) monthly on each wireless telephone connection and other communication device or service connection with the ability to dial 9-1-1 for emergency calls;

2. Seventy-five cents ($0.75) monthly on each service that is enabled by Voice over Internet Protocol (VoIP) or Internet Protocol (IP) with the ability to dial 9-1-1 for emergency calls; and

3. Seventy-five cents ($0.75) on each prepaid wireless retail transaction occurring in this state.

B. 1. For purposes of paragraph 3 of subsection A of this section, a retail transaction that is effected in person by a consumer at a business location of the seller shall be treated as occurring in this state if that business location is in this state. Any other retail transaction shall be sourced as provided in paragraphs 2 through 5 of this subsection as applicable.

2. When the retail transaction does not occur at a business location of the seller, the retail transaction shall be sourced to the location where receipt by the consumer, or the consumer's donee, designated as such by the consumer, occurs, including the location indicated by instructions for delivery to the consumer or donee, known to the seller.

3. When the provisions of paragraph 2 of this subsection do not apply, the sale shall be sourced to the location indicated by an address for the consumer that is available from the business records of the seller that are maintained in the ordinary course of the seller's business when use of this address does not constitute bad faith.

4. When the provisions of paragraphs 2 and 3 of this subsection do not apply, the sale shall be sourced to the location indicated by an address for the consumer obtained during the consummation of the sale, including the address of a consumer's payment instrument, if no other address is available, when use of this address does not constitute bad faith.

5. When none of the previous rules of paragraphs 1, 2, 3 and 4 of this subsection apply, including the circumstance in which the seller is without sufficient information to apply the previous rules, then the location shall be determined by the address from which the service was provided, disregarding for these purposes any location that merely provided the digital transfer of the product sold. If the seller knows the mobile telephone number, the location will be that which is associated with the mobile telephone number.

C. The fees authorized by subsection A of this section shall not be assessed on landline phone customers.

D. The fees imposed in subsection A of this section shall replace any 9-1-1 wireless telephone fees previously adopted by any county pursuant to Section 2843.1 of Title 63 of the Oklahoma Statutes, or 9-1-1 VoIP emergency service fees adopted by a governing body pursuant to Section 2853 of Title 63 of the Oklahoma Statutes, or fees on prepaid wireless retail transactions pursuant to Section 2843.2 of Title 63 of the Oklahoma Statutes. Fees collected and transferred pursuant to those sections shall remain in effect through December 31, 2016.

E. From each seventy-five-cent fee assessed and collected pursuant to subsection A of this section, five cents ($0.05) shall be deposited into the Oklahoma 9-1-1 Management Authority Revolving Fund created pursuant to Section 9 of this act. Funds accumulating in this revolving fund shall be used to fund the salary of the Oklahoma 9-1-1 Coordinator and any administrative staff, operations of the Authority and any costs associated with the administration of the Oklahoma 9-1-1 Management Authority Act within the Oklahoma Department of Emergency Management, and for grants approved by the Authority for purposes as authorized in this act.

Added by Laws 2016, c. 324, § 5, eff. Nov. 1, 2016.

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