States Enact New Rules for 911 Surcharges

Jul 20th, 2012

Several states recently enacted legislation that affects their existing 911 surcharges.

Indiana: Indiana recently enacted 2012 Ind. Acts No. 132. Under that act, which took effect July 1, 2012, the Indiana local 911 charge and the Indiana 911 wireless surcharge was repealed and replaced with a state-wide 911 surcharge imposed on landline, wireless, and VoIP services. The new state 911 surcharge will be 90 cents per access line.

Oklahoma: In Oklahoma, prepaid wireless telecommunications services are subject to a 50 cent per transaction 911 fee. As of June 25, 2012, the definition of "prepaid wireless telecommunications service" no longer includes traditional calling cards. "Traditional calling card" is now defined as a calling card that (1) provides access only to long-distance telephone service by enabling the user to make a call using an access number or authorization code, and (2) is not intended for use exclusively on a cellular phone. See revised Okla. Admin. Code sec. 710:95-17-3 for further details.

South Dakota: Beginning July 1, 2012, a new state-wide prepaid wireless 911 surcharge of 2% will be imposed on the retail sale of prepaid wireless services, including prepaid wireless airtime cards and prepaid wireless plans and minutes (S.D. Senate Bill No. 174 (2012)). Also beginning July 1, 2012, the local 911 surcharge will be replaced by a state 911 surcharge and will increase to $1.25. The state 911 surcharge will not apply to prepaid wireless service. Both 911 surcharges will be reported to the South Dakota Department of Revenue. More details regarding the changes can be found here.

Georgia and Florida have also enacted laws that amend or clarify definitions and administrative statutes relating to their 911 programs effective July 1, 2012. Georgia's changes can be found here.