MISSING PERSON REPORTS (Sec. 43.401)

The act adds that the information of a guardian of a missing person shall be included in a missing persons complaint.

This provision is identical to a provision of SB 233 (2017).

CLAY COUNTY (Sec. 190.325)

The act grants Clay County the ability to use all or a part of the moneys accrued from an emergency telephone tax for central

dispatching of emergency services.

This provision is identical to HB a provision of 1136 (2017) and a provision of HCS/SCS/SB 405 (2017).

COUNTY COMMISSION OVERSIGHT OF EMERGENCY SERVICES (Sec. 190.327)

Currently, members of emergency service boards are appointed by the county commission upon an affirmative vote of a telephone tax. This act allows county commissions to also appoint board members at the request of municipalities and other political subdivisions which have contracted for emergency services.

This provision is identical to a provision of HB 1136 (2017) and similar to a provision of HCS/SCS/SB 405 (2017).

DEFINITIONS (Sec. 190.400)

These provisions define new terms relating to telecommunications and emergency services, and modify existing definitions.

These provisions are identical to provisions of SB 233 (2017).

MONTHLY FEE FOR COMMUNICATIONS SERVICES ENABLED TO CONTACT 911 (Sec. 190.420 and 190.450)

The act changes the name of the Wireless Service Provider Enhanced 911 Service Fund to the Missouri 911 Service Trust Fund and authorizes counties, the City of St. Louis, and the city of Sikeston to impose by order or ordinance a monthly fee, not to exceed $1.50 per device, on subscribers to any communications service or owners of any device enabled to contact 911 solely for the purpose of funding 911 service in the county or city, upon approval by the voters. Revenue from this fee, except for certain administrative and collection costs of the providers and the Department of Revenue, will be deposited into the Missouri 911 Service Trust Fund to be remitted monthly by the Director of the Department of Revenue to the governing body of the county or city.

The act allows the use of money in the Missouri 911 Service Trust Fund to fund a required study relating to emergency communication services.

This fee will be in lieu of other emergency telephone taxes for funding the central dispatch of emergency services, and will not be imposed upon prepaid wireless telecommunications service customers. The act prohibits a county or city from submitting a proposal to its voters for a fee of more than $1 until approved by the Missouri 911 Service Board. Any subsequent proposed fee increase also must receive prior approval from the board and voters. Any city or county which proposes a fee increase must provide certain information to the board specified in the act. Additionally, if a vote to adopt a certain telephone subscription tax does not pass, a period of 359 days is required before the question may be posed again to the voters.

Communications service providers which develop, install, operate, or maintain will not be civilly or criminally liable for their conduct associated with providing such services unless that conduct constitutes gross negligence, recklessness, or intentional misconduct.

The act also prohibits a county from submitting a proposal to the voters of the county until all providers of emergency telephone service and public safety answering point operations within the county are consolidated into one public agency and develops a plan for consolidation of emergency telephone service. These provisions do not apply to a county with a charter form of government where all public safety answering points within the county utilize a common 911 communication service implemented by the appropriate local and county agencies prior to August 28, 2017.

The act allows a county operating joint or shared emergency telephone service to submit to the voters a proposal to impose the fee to support joint operations and further consolidation. These provisions cannot apply to a county with a charter form of government where all public safety answer points within the county utilize a common 911 communication service implemented by the appropriate agencies prior to August 28, 2017.

The act requires counties including a portion of Kansas City to enter into an agreement with Kansas City regarding the equitable sharing of revenue before submitting a proposal to impose the authorized 911 service fee to the voters, and requires all 911 fees to be imposed as provided under federal law. Currently, the only cities for which this fee is authorized are the City of St. Louis and the City of Sikeston.

The act requires the Missouri 911 Service Board to review any county emergency communication services plan for consistency with the state consolidation plan. The act also requires the Department of Public Safety to complete a study relating to the most efficient and economical manner for implementing emergency communication services.

If, after one year following the enactment of the fee a county has not complied with the plan, then the authority to impose the fee shall be null and void unless a one-time six-month extension is granted by the Missouri 911 Service Board.

These provisions are similar to provisions of SB 233 (2017).

STATEWIDE PREPAID WIRELESS EMERGENCY TELEPHONE SERVICE CHARGE (Sec. 190.451)

Beginning January 1, 2018, the act imposes a statewide prepaid wireless emergency telephone service charge of 3% on each retail purchase of a prepaid wireless telecommunications service. The amount of the charge must be separately stated to the consumer on an invoice, receipt, or other similar document or otherwise disclosed.

The amount of the service charge shall not be included in the base for measuring any tax, fee, surcharge, or other charge imposed by the state, any political subdivision of the state, or any intergovernmental agency.

Beginning January 1, 2018, and ending on January 31, 2018, the seller shall be allowed to retain 100% of the prepaid wireless emergency telephone service charges collected by the seller. Beginning on February 1, 2018, a seller shall be allowed to deduct and retain 3% of the prepaid service charges. The first $800,150 in service charges collected after February 1, 2018, will be collected into general revenue for the purpose of reimbursing the Department of Revenue's expenses in administering the 911 service trust fund.

The Missouri 911 Service Board shall set aside between 25% and 75% of the charges deposited into the fund to be remitted to non-charter counties in direct proportion to the amount of charges collected in each county. The board shall set aside between 65% and 75% of the charges to be remitted to charter counties and any city not within a county in direct proportion to the amount of charges collected in each county or city. The initial percentage rate set by the board may be adjusted after three years and every two years thereafter. However, at no point can the board set rates that fall below 25% for counties without a charter form of government and 65% for counties with a charter form of government and any city not within a county.

The prepaid wireless emergency telephone service charge must be in addition to any other tax, fee, surcharge, or other charge imposed by this state, any political subdivision of this state, or any intergovernmental agency for 911 funding purposes. A service charge relating to emergency services and prepaid telephones shall be charged in lieu of, and not in addition to, certain taxes also related to emergency services.

The act adds an expiration date of December 31, 2024, to certain provisions relating to taxes on pre-paid wireless services.

These provisions are similar to provisions of SB 233 (2017).

CONSOLIDATION, COOPERATION, AND CONTRACTING BETWEEN BOARDS (Sec. 190.455 & 190.460)

The act authorizes any county, city, or 911 emergency services board to contract or cooperate with any other governing board. Any contracting county or board may seek assistance and advice from the Missouri 911 Service Board regarding terms of the joint contract and the administration and operation of the contracting counties, cities, and boards. After August 28, 2017, no public safety answering point operation may be established as a result of its separation from an existing public safety answering point operation without a study by and the approval of the Missouri 911 Service Board.

The act also specifies a procedure by which two or more publicly funded 911 central dispatch centers, upon voter approval, can consolidate into one 911 central dispatch center.

If a county is considered consolidated as defined in the act, it shall provide a plan for consolidation of emergency telephone service for all police, fire, and EMS within the consolidated area.

The Director of the Department of Revenue shall maintain a centralized database that shall be made available to the Missouri

911 Service Board specifying the current monthly fee or tax imposed by each county or city which shall be updated no less than 60 days prior to the effective date of the establishment or modification of any monthly fee or tax.

This act requires entities located in multiple counties that are entering into a service agreement to provide written notice to the Missouri 911 Service Board if they choose to locate a 911 dispatch center in a county other than a county with the lowest average wage from the set of counties that the contracting entities are located within.

If a county has a single board overseeing the dispatching of emergency services, and consolidation of 911 central dispatch centers within the county is desired then the existing board shall vote as to whether the existing board should continue to exist and administer 911 central dispatch services in the county.

The act prohibits counties from submitting a proposal for an emergency communication service tax until the Department of Public Safety has issued a state consolidation plan to the Missouri 911 Service Board. The act also prohibits the Department of Revenue from issuing certain funds relating to emergency communication services until it receives a state consolidation plan.

These provisions are substantially similar to provisions of SB 233 (2017).

MISSOURI 911 SERVICE BOARD (Sec. 650.325, 650. 330, & Sec. 650.335)

The act changes the name of the Advisory Committee for 911 Service Oversight to the Missouri 911 Service Board and repeals the provisions creating the Wireless Service Provider Enhanced 911 Advisory Board.

The number of board members is reduced from 16 to 15, and the composition of the board is changed. Additional new powers and responsibilities of the board are specified:

1. Administering and authorizing grants and loans to counties and the city of Sikeston that can demonstrate a financial commitment to improving 911 services by providing at least a 50% match and demonstrate the ability to operate and maintain ongoing 911 services;

2. Developing an application process including reporting and accountability requirements, withholding a portion of the grant until completion of a project, and other measures to assure funds are used in accordance with the law and purpose of the grant, and conducting audits as deemed necessary;

3. Preparing and presenting a report to the Governor and General Assembly on the status of 911 services statewide every three years, including specific efforts to improve efficiency, cost effectiveness, and levels of service;

4. Conducting and reviewing an annual survey of public safety answering points in Missouri to evaluate potential for improved services, coordination, and feasibility of consolidation;

5. Setting the percentage rate of the prepaid wireless emergency telephone service charges to be remitted to a county or city as specified in the act;

6. Making and executing contracts or any other instruments and agreements necessary or convenient for the exercise of its powers and functions; approving a proposal to impose a fee of more than $1;

7. Retaining in its records proposed county plans developed under a specified provision of the act and notifying the Department of Revenue that the county has filed a plan that is ready for implementation;

8. Notifying certain communications service providers when the centralized database has been updated or a county or city has established or modified a tax or monthly fee at least 90 days prior to the effective date of the change; and

9. Develop a plan and time line with target dates for the testing, implementation, and administration of a next generation 911 system throughout the state enabling text, images, video, data, and other electronic media to interact with statewide 911 service.

The act allows any county or the city of Sikeston to submit an application for loan funds or other financial assistance to the board for the purpose of financing all or a portion of the costs incurred in implementing a 911 communications service project as specified in the act.

These provisions are similar to provisions of SB 233 (2017).

STATE AUDITOR'S AUTHORITY TO CONDUCT PERFORMANCE AND FISCAL AUDITS (Section 1)

The act authorizes the State Auditor to conduct performance and fiscal audits of any board, dispatch center, joint emergency communications entity, or trust fund involving emergency 911 service.

This provision is identical to a provision of SB 233 (2017).

WIRELESS SERVICE PROVIDER ENHANCED 911 FEE (Section 190.430)

The act repeals the provision authorizing the Office of Administration to impose, upon statewide voter approval, a wireless service provider enhanced 911 fee not to exceed 50 cents per wireless telephone number per month and specifying the ballot language for the statewide fee.

This provision is identical to a provision of SB 233 (2017).

JOHN GRANA