1Amending Title 35 (Health and Safety) of the Pennsylvania
2Consolidated Statutes, further providing for Wireless E-911
3Emergency Services Fund.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 5311.4(b) and (h) of Title 35 of the
7Pennsylvania Consolidated Statutes are amended to read:

8§ 5311.4. Wireless E-911 Emergency Services Fund.

9* * *

10(b) Wireless E-911 surcharge.--[Each wireless service 
11customer shall pay a fee, to be known as a] A wireless E-911 
12surcharge, in an amount of [$1] $2 per month for each device 
13that provides wireless service for which [that] a customer is 
14billed by a wireless provider for wireless service shall be paid 
15one dollar from the wireless service customer and one dollar 
16from the wireless provider. The fee shall be collected apart 
17from and in addition to a fee levied by the wireless provider in 
18whole or in part for the provision of 911 services.

1(1) Wireless providers shall collect the fee on behalf
2of the agency as part of their billing process and shall
3remit the collected fee plus their portion of the fee to the 
4agency. The provider shall have no obligation to take any
5legal action to enforce the collection of the surcharge.
6Action may be brought by or on behalf of the agency. Upon
7written request of the agency, each wireless provider shall
8annually provide a list of the names and addresses of those
9wireless service customers carrying a balance that have
10failed to pay the wireless E-911 surcharge. The wireless
11provider shall not be liable for the unpaid amounts.

12(2) If a wireless provider receives a partial payment
13for a monthly bill from a wireless service customer, the
14wireless provider shall apply the payment against the amount
15the wireless service customer owes the wireless provider
16first and shall remit to the State Treasurer the lesser
17amount, if any, resulting from the application.

18(3) The fees collected under this subsection from the 
19wireless service customers shall not be subject to taxes or
20charges levied by the Commonwealth or a political subdivision
21of this Commonwealth, nor shall the fees be considered
22revenue of the wireless provider for any purpose.

23(4) The provisions of this subsection shall not apply to
24sellers, providers or consumers of prepaid wireless
25telecommunications service.

26* * *

27(h) Surcharge sunset.--The wireless E-911 surcharge fee
28established in subsections (b) and (b.1) shall terminate on June
2930, [2014] 2016, unless extended by an act of the General
30Assembly.

1Section 2. This act shall take effect immediately.