LB 362 — Transfer and eliminate provisions of the Emergency Telephone Communications Systems Act and the Enhanced Wireless 911 Services Act and change provisions of the 911 Service System Act

(a) The United States, the State of Nebraska, or any governmental subdivision thereof;

(b) The employees, both present and retired, of such common carrier;

(c) Any person when the object is to provide relief in case of any disaster;

(d) Any person who transports property for charitable purposes;

(e) Ministers and others giving their entire time to religious or charitable work;

(f) Any person who is legally blind or visually handicapped;

or (g) Any person who is sixty-five years of age or older.

Sec.

3.

Section 75-132.01, Reissue Revised Statutes of Nebraska, is amended to read:

75-132.01 (1) Notwithstanding the provisions of section 75-131, the commission shall have exclusive original jurisdiction over any action concerning a violation of any provision of (a) the Automatic Dialing-Announcing Devices Act, the Emergency Telephone Communications Systems Act, the Enhanced Wireless 911 Services Act, the Intrastate Pay-Per-Call Regulation Act, the Nebraska Telecommunications Regulation Act, the Nebraska Telecommunications Universal Service Fund Act, the Telecommunications Relay System Act, or the Telephone Consumer Slamming Prevention Act, or the 911 Service System Act by any person providing telecommunications service for a fee in Nebraska intrastate commerce pursuant to such acts or (b) sections 86-574 to 86-578 by an agency or political subdivision of the state.

(2) If the commission enters an order declining jurisdiction under subsection (1) of this section, any interested person may petition the district court of the county in which such alleged violation has occurred.

If it appears to the court, after a hearing, that a provision of such acts or sections has been violated, the court may issue an injunction or other proper process to restrain the telecommunications company and its directors, officers, employees, or agents or the agency or political subdivision of the state from continuing such violation and may order additional relief.

Any party to the case shall have the right to appeal the decision of the district court to the Court of Appeals under the rules provided by law for appeals in civil cases.

Sec.

4.

Section 75-156, Revised Statutes Cumulative Supplement, 2024, is amended to read:

75-156 (1) In addition to other penalties and relief provided by law, the Public Service Commission may, upon a finding that the violation is proven by clear and convincing evidence, assess a civil penalty of up to ten thousand dollars per day against any person, motor carrier, regulated motor carrier, common carrier, contract carrier, licensee, grain dealer, or grain warehouse operator for each violation of (a) any provision of the laws of this state within the jurisdiction of the commission as enumerated in section 75-109.01, (b) any term, condition, or limitation of any certificate, permit, license, or authority issued by the commission pursuant to the laws of this state within the jurisdiction of the commission as enumerated in section 75-109.01, or (c) any rule, regulation, or order of the commission issued under authority delegated to the commission pursuant to the laws of this state within the jurisdiction of the commission as enumerated in section 75-109.01.

(2) In addition to other penalties and relief provided by law, the Public Service Commission may, upon a finding that the violation is proven by clear and convincing evidence, assess a civil penalty not less than one hundred dollars and not more than one thousand dollars against any jurisdictional utility for each violation of (a) any provision of the State Natural Gas Regulation Act, (b) any rule, regulation, order, or lawful requirement issued by the commission pursuant to the act, (c) any final judgment or decree made by any court upon appeal from any order of the commission, or (d) any term, condition, or limitation of any certificate issued by the commission issued under authority delegated to the commission pursuant to the act.

The amount of the civil penalty assessed in each case shall be based on the severity of the violation charged.

The commission may compromise or mitigate any penalty prior to hearing if all parties agree.

In determining the amount of the penalty, the commission shall consider the appropriateness of the penalty in light of the gravity of the violation and the good faith of the violator in attempting to achieve compliance after notification of the violation is given.

(3) In addition to other penalties and relief provided by law, the Public -2- LB362 LB362 2025 Service Commission may, upon a finding that the violation is proven by clear and convincing evidence, assess a civil penalty of up to ten thousand dollars per day against any wireless carrier for each violation of the Enhanced Wireless 911 Service System Services Act or any rule, regulation, or order of the commission issued under authority delegated to the commission pursuant to the act.

(4) In addition to other penalties and relief provided by law, the Public Service Commission may, upon a finding that the violation is proven by clear and convincing evidence, assess a civil penalty of up to one thousand dollars against any person for each violation of the Nebraska Uniform Standards for Modular Housing Units Act or the Uniform Standard Code for Manufactured Homes and Recreational Vehicles or any rule, regulation, or order of the commission issued under the authority delegated to the commission pursuant to either act.

Each such violation shall constitute a separate violation with respect to each modular housing unit, manufactured home, or recreational vehicle, except that the maximum penalty shall not exceed one million dollars for any related series of violations occurring within one year from the date of the first violation.

(5) The civil penalty assessed under this section shall not exceed two million dollars per year for each violation except as provided in subsection (4) of this section.

The amount of the civil penalty assessed in each case shall be based on the severity of the violation charged.

The commission may compromise or mitigate any penalty prior to hearing if all parties agree.

In determining the amount of the penalty, the commission shall consider the appropriateness of the penalty in light of the gravity of the violation and the good faith of the violator in attempting to achieve compliance after notification of the violation is given.

(6) Upon notice and hearing in accordance with this section and section 75-157, the commission may enter an order assessing a civil penalty of up to one hundred dollars against any person, firm, partnership, limited liability company, corporation, cooperative, or association for failure to file an annual report or pay the fee as required by section 75-116 and as prescribed by commission rules and regulations or for failure to register as required by section 86-125 and as prescribed by commission rules and regulations.

Each day during which the violation continues after the commission has issued an order finding that a violation has occurred constitutes a separate offense.

Any party aggrieved by an order of the commission under this section may appeal.

The appeal shall be in accordance with section 75-136.

(7) When any person or party is accused of any violation listed in this section, the commission shall notify such person or party in writing (a) setting forth the date, facts, and nature of each act or omission upon which each charge of a violation is based, (b) specifically identifying the particular statute, certificate, permit, rule, regulation, or order purportedly violated, (c) that a hearing will be held and the time, date, and place of the hearing, (d) that in addition to the civil penalty, the commission may enforce additional penalties and relief as provided by law, and (e) that upon failure to pay any civil penalty determined by the commission, the penalty may be collected by civil action in the district court of Lancaster County.

Sec.

5.

Section 77-2703.04, Revised Statutes Cumulative Supplement, 2024, is amended to read:

77-2703.04 (1) Except for the telecommunications service defined in subsection (3) of this section, the sale of telecommunications service sold on a call-by-call basis shall be sourced to (a) each level of taxing jurisdiction where the call originates and terminates in that jurisdiction or (b) each level of taxing jurisdiction where the call either originates or terminates and in which the service address is also located.

(2) Except for the telecommunications service defined in subsection (3) of this section, a sale of telecommunications service sold on a basis other than a call-by-call basis and ancillary services are sourced to the customer's place of primary use.

(3)(a) For mobile telecommunications service and ancillary services provided and billed to a customer by a home service provider:

(i) Notwithstanding any other provision of law or any local ordinance or resolution, such mobile telecommunications service is deemed to be provided by the customer's home service provider;

(ii) All taxable charges for such mobile telecommunications service and ancillary services shall be subject to tax by the state or other taxing jurisdiction in this state whose territorial limits encompass the customer's place of primary use regardless of where the mobile telecommunications service originates, terminates, or passes through;

and (iii) No taxes, charges, or fees may be imposed on a customer with a place of primary use outside this state.

(b) In accordance with the federal Mobile Telecommunications Sourcing Act, as such act existed on July 20, 2002, the Tax Commissioner may, but is not required to:

(i) Provide or contract for a tax assignment database based upon standards identified in 4 U.S.C.

119, as such section existed on July 20, 2002, with the following conditions:

(A) If such database is provided, a home service provider shall be held harmless for any tax that otherwise would result from any errors or omissions attributable to reliance on such database;

or (B) If such database is not provided, a home service provider may rely on an enhanced zip code for identifying the proper taxing jurisdictions and shall be held harmless for any tax that otherwise would result from any errors or -3- LB362 LB362 2025 omissions attributable to reliance on such enhanced zip code if the home service provider identified the taxing jurisdiction through the exercise of due diligence and complied with any procedures that may be adopted by the Tax Commissioner.

Any such procedure shall be in accordance with 4 U.S.C.

120, as such section existed on July 20, 2002;

and (ii) Adopt procedures for correcting errors in the assignment of primary use that are consistent with 4 U.S.C.

121, as such section existed on July 20, 2002.

(c) If charges for mobile telecommunications service that are not subject to tax are aggregated with and not separately stated on the bill from charges that are subject to tax, the total charge to the customer shall be subject to tax unless the home service provider can reasonably separate charges not subject to tax using the records of the home service provider that are kept in the regular course of business.

(d) For purposes of this subsection:

(i) Customer means an individual, business, organization, or other person contracting to receive mobile telecommunications service from a home service provider.

Customer does not include a reseller of mobile telecommunications service or a serving carrier under an arrangement to serve the customer outside the home service provider's service area;

(ii) Home service provider means a telecommunications company as defined in section 86-322 that has contracted with a customer to provide mobile telecommunications service;

(iii) Mobile telecommunications service means a wireless communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes (A) both one- way and two-way wireless communication services, (B) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations, whether on an individual, cooperative, or multiple basis for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and (C) any personal communication service;

(iv) Place of primary use means the street address representative of where the customer's use of mobile telecommunications service primarily occurs.

The place of primary use shall be the residential street address or the primary business street address of the customer and shall be within the service area of the home service provider;

and (v) Tax means the sales taxes levied under sections 13-319, 77-2703, 77-27,142, and 77-6403, the surcharges levied under the Enhanced Wireless 911 Services Act, the Nebraska Telecommunications Universal Service Fund Act, and the Telecommunications Relay System Act, and the 911 Service System Act, and any other tax levied against the customer based on the amount charged to the customer.

Tax does not mean an income tax, property tax, franchise tax, or any other tax levied on the home service provider that is not based on the amount charged to the customer.

(4) A sale of post-paid calling service is sourced to the origination point of the telecommunications signal as first identified by either (a) the seller's telecommunications system, or (b) information received by the seller from its service provider, where the system used to transport such signals is not that of the seller.

(5) A sale of prepaid calling service or a sale of a prepaid wireless calling service is sourced in accordance with section 77-2703.01, except that in the case of a sale of a prepaid wireless calling service, the rule provided in section 77-2703.01 shall include as an option the location associated with the mobile telephone number.

(6) A sale of a private communication service is sourced as follows:

(a) Service for a separate charge related to a customer channel termination point is sourced to each level of jurisdiction in which such customer channel termination point is located;

(b) Service where all customer termination points are located entirely within one jurisdiction or levels of jurisdiction is sourced in such jurisdiction in which the customer channel termination points are located;

(c) Service for segments of a channel between two customer channel termination points located in different jurisdictions and which segments of channel are separately charged is sourced fifty percent in each level of jurisdiction in which the customer channel termination points are located;

and (d) Service for segments of a channel located in more than one jurisdiction or levels of jurisdiction and which segments are not separately billed is sourced in each jurisdiction based on the percentage determined by dividing the number of customer channel termination points in such jurisdiction by the total number of customer channel termination points.

(7) For purposes of this section:

(a) 800 service means a telecommunications service that allows a caller to dial a toll-free number without incurring a charge for the call.

The service is typically marketed under the name 800, 855, 866, 877, and 888 toll-free calling, and any subsequent numbers designated by the Federal Communications Commission;

(b) 900 service means an inbound toll telecommunications service purchased by a subscriber that allows the subscriber's customers to call in to the subscriber's prerecorded announcement or live service.

900 service does not include the charge for collection services provided by the seller of the telecommunications services to the subscriber or service or product sold by the subscriber to the subscriber's customer.

The service is typically marketed -4- LB362 LB362 2025 under the name 900 service, and any subsequent numbers designated by the Federal Communications Commission;

(c) Air-to-ground radiotelephone service means a radio telecommunication service, as that term is defined in 47 C.F.R.

22.99, as such regulation existed on January 1, 2007, in which common carriers are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft;

(d) Ancillary services means services that are associated with or incidental to the provision of telecommunications services, including, but not limited to, detailed telecommunications billings, directory assistance, vertical service, and voice mail services;

(e) Call-by-call basis means any method of charging for telecommunications service where the price is measured by individual calls;

(f) Coin-operated telephone service means a telecommunications service paid for by inserting money into a telephone accepting direct deposits of money to operate;

(g) Communications channel means a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points;

(h) Conference bridging service means an ancillary service that links two or more participants of an audio or video conference call and may include the provision of a telephone number.

Conference bridging service does not include the telecommunications services used to reach the conference bridge;

(i) Customer means the person or entity that contracts with the seller of telecommunications service.

If the end user of telecommunications service is not the contracting party, the end user of the telecommunications service is the customer of the telecommunications service, but this sentence only applies for the purpose of sourcing sales of telecommunications service under this section.

Customer does not include a reseller of telecommunications service or for mobile telecommunications service of a serving carrier under an agreement to serve the customer outside the home service provider's licensed service area;

(j) Customer channel termination point means the location where the customer either inputs or receives the communications;

(k) Detailed telecommunications billing service means an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement;

(l) Directory assistance means an ancillary service of providing telephone number information and address information;

(m) End user means the person who utilizes the telecommunications service.

In the case of an entity, end user means the individual who utilizes the service on behalf of the entity;

(n) Fixed wireless service means a telecommunications service that provides radio communication between fixed points;

(o) International means a telecommunications service that originates or terminates in the United States and terminates or originates outside the United States, respectively.

United States includes the District of Columbia or a United States territory or possession;

(p) Interstate means a telecommunications service that originates in one state of the United States, or a territory or possession of the United States, and terminates in a different state, territory, or possession of the United States;

(q) Intrastate means a telecommunications service that originates in one state of the United States, or a territory or possession of the United States, and terminates in the same state, territory, or possession of the United States;

(r) Mobile wireless service means a telecommunications service that is transmitted, conveyed, or routed regardless of the technology used, whereby the origination and termination points of the transmission, conveyance, or routing are not fixed, including, by way of example only, telecommunications services that are provided by a commercial mobile radio service provider;

(s) Paging service means a telecommunications service that provides transmission of coded radio signals for the purpose of activating specific pagers.

Such transmission may include messages and sounds;

(t) Pay telephone services means a telecommunications service provided through pay telephones;

(u) Post-paid calling service means the telecommunications service obtained by making a payment on a call-by-call basis either through the use of a credit card or payment mechanism, such as a bank card, travel card, credit card, or debit card, or by a charge made to a telephone number which is not associated with the origination or termination of the telecommunications service.

A post-paid calling service includes a telecommunications service, except a prepaid wireless calling service, that would be a prepaid calling service except it is not exclusively a telecommunications service;

(v) Prepaid calling service means the right to access exclusively telecommunications service, which is paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount;

(w) Prepaid wireless calling service means a telecommunications service that provides the right to utilize mobile wireless service as well as other nontelecommunications services, including the download of digital products delivered electronically, content, and ancillary services, which must be paid for in advance, that is sold in predetermined units of dollars or which the -5- LB362 LB362 2025 number declines with use in a known amount;

(x) Private communication service means a telecommunications service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which such channel or channels are connected, and includes switching capacity, extension lines, stations, and any other associated services that are provided in connection with the use of such channel or channels;

(y) Residential telecommunications service means a telecommunications service or ancillary services provided to an individual for personal use at a residential address, including an individual dwelling unit such as an apartment.

In the case of institutions where individuals reside, such as schools or nursing homes, telecommunications service is considered residential if it is provided to and paid for by an individual resident rather than the institution;

(z) Service address means the location of the telecommunications equipment to which a customer's call is charged and from which the call originates or terminates, regardless of where the call is billed or paid.

If this location is not known, service address means the origination point of the signal of the telecommunications service first identified either by the seller's telecommunications system, or in information received by the seller from its service provider, where the system used to transport such signals is not that of the seller.

If both locations are not known, the service address means the location of the customer's place of primary use;

(aa) Telecommunications service means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points.

Telecommunications service includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service is referred to as voice over Internet protocol services or is classified by the Federal Communications Commission as enhanced or value-added.

Telecommunications service does not include:

(i) Data processing and information services that allow data to be generated, acquired, stored, processed, or retrieved and delivered by an electronic transmission to a purchaser when such purchaser's primary purpose for the underlying transaction is the processed data or information;

(ii) Installation or maintenance of wiring or equipment on a customer's premises;

(iii) Tangible personal property;

(iv) Advertising, including, but not limited to, directory advertising;

(v) Billing and collection services provided to third parties;

(vi) Internet access service;

(vii) Radio and television audio and video programming services, regardless of the medium, including the furnishing of transmission, conveyance, and routing of such services by the programming service provider.

Radio and television audio and video programming services shall include, but not be limited to, cable service as defined in 47 U.S.C.

522, as such section existed on January 1, 2007, and audio and video programming services delivered by providers of commercial mobile radio service as defined in 47 C.F.R.

20.3, as such regulation existed on January 1, 2007;

(viii) Ancillary services;

or (ix) Digital products delivered electronically, including, but not limited to, software, music, video, reading materials, or ringtones;

(bb) Value-added, nonvoice data service means a service that otherwise meets the definition of telecommunications services in which computer processing applications are used to act on the form, content, code, or protocol of the information or data primarily for a purpose other than transmission, conveyance, or routing;

(cc) Vertical service means an ancillary service that is offered in connection with one or more telecommunications services, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services;

and (dd) Voice mail service means an ancillary service that enables the customer to store, send, or receive recorded messages.

Voice mail service does not include any vertical services that the customer may be required to have in order to utilize the voice mail service.

Sec.

6.

Section 86-124, Reissue Revised Statutes of Nebraska, is amended to read:

86-124 (1) The commission shall not regulate the following:

(a) One-way broadcast or cable television transmission of television or radio signals;

(b) Mobile radio services, radio paging services, and wireless telecommunications service;

(c) Interexchange services;

and (d) Internet-protocol-enabled service and voice over Internet protocol service, including rates, service or contract terms, conditions, or requirements for entry for such service.

(2) This section shall not affect or modify:

(a) The enforcement of criminal or civil laws, including, but not limited to, laws concerning consumer protection and unfair or deceptive trade practices which apply generally to the conduct of business;

(b)(i) Any entity's obligations or rights or commission authority under -6- LB362 LB362 2025 section 86-122 and under 47 U.S.C.

251 and 252, as such sections existed on January 1, 2019, and (ii) any carrier-to-carrier tariff rates, service quality standards, interconnection agreements, or other obligations for which the commission has jurisdiction under state or federal law;

(c) Any requirement to contribute to any fund administered by the commission authorized by the Enhanced Wireless 911 Service System Services Act or the Nebraska Telecommunications Universal Service Fund Act;

(d) Any commission jurisdiction over intrastate switched access rates, terms, and conditions, including the resolution of disputes arising from, and implementation of federal and state law with respect to, intercarrier compensation;

(e) The eligibility and requirements for the receipt of funds from the Nebraska Telecommunications Universal Service Fund and the rules, regulations, and orders under the Nebraska Telecommunications Universal Service Fund Act or the receipt of funds from the federal universal service fund, regardless of the unregulated status of the provider's service under this section;

(f) Any entity's rights and obligations with respect to (i) registration under section 86-125, (ii) the use of public streets, roads, highways, and rights-of-way, or (iii) a certificate of public convenience and necessity or a permit;

and (g) The commission's authority under section 50 of this act 86-1029.04.

Sec.

7.

Section 86-125, Reissue Revised Statutes of Nebraska, is amended to read:

86-125 Notwithstanding the provisions of section 86-124:

(1) Any communications provider providing service in Nebraska shall file a registration form with and pay a registration fee to the Public Service Commission.

Any communications provider shall register with the commission prior to providing service.

The commission shall prescribe the registration form to be filed pursuant to this section;

(2) A communications provider providing the services described in subdivision (7)(a) of this section shall provide the commission with the name, address, telephone number, and email address of a contact person concerning:

(a) The Nebraska Telecommunications Universal Service Fund Act and related surcharges, if applicable;

(b) The Telecommunications Relay System Act and related surcharges, if applicable;

(c) The Enhanced Wireless 911 Service System Services Act and related surcharges, if applicable;

and (d) Consumer complaints and inquiries;

(3) A communications provider providing the services described in subdivision (7)(b) of this section shall provide the commission with the name, address, telephone number, and email address of a person with managerial responsibility for Nebraska operations;

(4) A communications provider shall:

(a) Submit a registration fee at the time of submission of the registration form.

The commission shall set the fee in an amount sufficient to cover the costs of administering the registration process but not to exceed fifty dollars;

(b) Keep the information required by this section current and notify the commission of any changes to such information within sixty days after the change;

and (c) Certify to the commission by January 1 each year that such communications provider does not use or provide any communications equipment or service deemed to pose a threat to national security identified on the Covered List developed pursuant to 47 C.F.R.

1.50002, as such regulation existed on January 1, 2023, and published by the Public Safety and Homeland Security Bureau of the Federal Communications Commission pursuant to the federal Secure and Trusted Communications Networks Act of 2019, 47 U.S.C.

1601 et seq., as such act existed on January 1, 2023, and the rules adopted pursuant to such act by the Federal Communications Commission on November 11, 2022, in its Report and Order FCC 22-84;

(5) The commission may, pursuant to section 75-156, administratively fine any communications provider which violates this section;

(6) This section applies to all communications providers providing service in Nebraska except for those communications providers otherwise regulated under the Nebraska Telecommunications Regulation Act;

and (7) For purposes of this section, communications provider means any entity that:

(a) Uses telephone numbers or Internet protocol addresses or their functional equivalents or successors to provide information of a user's choosing by aid of wire, cable, wireless, satellite, or other like connection, whether part of a bundle of services or offered separately, (i) which provides or enables real-time or interactive voice communications and (ii) in which the voice component is the primary function;

or (b) Provides any service, whether part of a bundle of services or offered separately, used for transmission of information of a user's choosing regardless of the transmission medium or technology employed, that connects to a network that permits the end user to engage in electronic communications, including, but not limited to, service provided directly (i) to the public or (ii) to such classes of users as to be effectively available directly to the public.

Sec.

8.

Section 86-163, Reissue Revised Statutes of Nebraska, is amended to read:

-7- LB362 LB362 2025 86-163 The commission shall file with the Clerk of the Legislature an annual report on or before September 30 of each year on the status of the Nebraska telecommunications industry.

The report shall be submitted in electronic format.

The report shall:

(1) Describe the quality of telecommunications service being provided to the citizens of Nebraska;

(2) Describe the availability of diverse and affordable telecommunications service to all of the people of Nebraska;

(3) Describe the level of telecommunications service rates;

(4) Describe the use and continued need for the Nebraska Telecommunications Universal Service Fund;

(5) Describe the availability and location of 911 service and E-911 service as required by section 62 of this act 86-437;

(6) Describe the availability and location of next-generation wireless 911 service or enhanced wireless 911 service as required by section 55 of this act 86-460;

(7) Address the need for further legislation to achieve the purposes of the Nebraska Telecommunications Regulation Act;

and (8) Assess, based on information provided by public safety answering points, the level of next-generation 911 wireless E-911 location accuracy compliance for wireless carriers.

Sec.

9.

Section 86-313, Reissue Revised Statutes of Nebraska, is amended to read:

86-313 (1)(a) Each telephone company in Nebraska shall collect from each of the telephone subscribers a surcharge not to exceed twenty cents per month on each telephone number or functional equivalent in Nebraska, including wireless service as defined in section 41 of this act 86-456.01.

Except for wireless service, the surcharge shall only be collected on the first one hundred telephone numbers or functional equivalents per subscriber.

The companies shall add the surcharge to each subscriber's bill.

The surcharge shall not be collected with respect to prepaid wireless telecommunications service as defined in the Prepaid Wireless Surcharge Act.

(b) The telephone companies are not liable for any surcharge not paid by a subscriber.

(2) Before April 1 of each year, the commission shall hold a public hearing to determine the amount of surcharge necessary to carry out the Telecommunications Relay System Act.

After the hearing, the commission shall set the surcharge at the level necessary to fund the statewide telecommunications relay system and the specialized telecommunications equipment program for the following year plus a reasonable reserve.

The surcharge shall become effective on July 1 following the change.

(3) In an emergency the commission may adjust the amount of the surcharge to become effective before such date but only after a public hearing for such purpose.

(4) Each telephone company shall remit the proceeds from the surcharge to the commission.

The commission shall remit the funds to the State Treasurer for credit to the fund.

(5) The commission may require an audit of any company collecting the surcharge pursuant to the act.

(6) This section shall not apply to subscribers who have no access to relay service.

Sec.

10.

Section 86-472, Reissue Revised Statutes of Nebraska, is amended to read:

86-472 (1) The Legislature finds that:

(a) In 2020, Congress enacted the federal National Suicide Hotline Designation Act of 2020, Public Law 116-172.

This federal act designated 988 as the universal three-digit telephone number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating since 2005 through the National Suicide Prevention Lifeline;

(b) The three-digit 988 code became operational nationally in 2022, and is a more universal and easy-to-remember way to connect individuals experiencing mental health-related distress with mental health care professionals;

and (c) The 988 Suicide and Crisis Lifeline is a national effort, organized at the state level, and serves as an alternative to 911 in addressing the growing need for mental health-related crisis intervention in order to save lives.

(2) The Department of Health and Human Services shall:

(a) Oversee administration of the 988 Suicide and Crisis Lifeline in Nebraska, including contracting for services provided by trained counselors, call-center operators, and other service providers helping operate the 988 Suicide and Crisis Lifeline network in the state;

and (b) Coordinate and cooperate with the Public Service Commission to ensure that the 988 Suicide and Crisis Lifeline has the capability to connect individuals to the 911 service system and also receive communications from the service system as provided under subdivision (6) of section 42 of this act 86-1025.

Sec.

11.

Section 86-802, Reissue Revised Statutes of Nebraska, is amended to read:

86-802 For purposes of the Kelsey Smith Act:

(1) Call location information means the best available location information, including, but not limited to, information obtained using historical cellular site information or a mobile locator tool;

(2) Law enforcement agency means a police department, a town marshal, the office of sheriff, and the Nebraska State Patrol;

-8- LB362 LB362 2025 (3) Wireless carrier has the same meaning as in section 40 of this act 86-456;

and (4) Wireless communication device means any wireless electronic communication device that provides for voice or data communication between two or more parties, including a mobile or cellular telephone.

Sec.

12.

Section 86-903, Reissue Revised Statutes of Nebraska, is amended to read:

86-903 (1) The Department of Revenue shall determine the prepaid wireless surcharge annually, effective January 1, based on the charges described in subsection (2) of this section as in effect on the preceding July 1.

The department shall provide not less than ninety days' advance notice of any change in the prepaid wireless surcharge on the department's website.

(2) The rate of the prepaid wireless surcharge shall be the sum of the following three percentages, rounded up to the nearest tenth of one percent:

(a) The percentage obtained by dividing (i) the amount of the wireless E-911 surcharge authorized under subdivision (1)(b) of section 52 of this act 86-457 by (ii) fifty;

(b) The percentage obtained by dividing (i) the amount of the Nebraska Telecommunications Relay System Fund surcharge set by the Public Service Commission pursuant to the Telecommunications Relay System Act by (ii) fifty;

and (c) The percentage obtained by multiplying (i) the Nebraska Telecommunications Universal Service Fund surcharge percentage rate set by the Public Service Commission by (ii) one minus the Federal Communications Commission safe harbor percentage for determining the interstate portion of a fixed monthly wireless charge.

(3) The Department of Revenue shall provide the Public Service Commission with prepaid wireless surcharge calculation and collection data upon request by the commission.

(4) Beginning January 1, 2013, each seller shall collect the prepaid wireless surcharge from the consumer with respect to each retail transaction occurring in this state.

The seller shall disclose the amount of the prepaid wireless surcharge either separately on an invoice, receipt, or other similar document that is provided to the consumer by the seller or otherwise.

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, and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state for purposes of section 77-2703.

(5) The prepaid wireless surcharge is the liability of the consumer and not of the seller or of any provider, except that the seller shall be liable to remit all prepaid wireless surcharges that the seller collects from consumers as provided in section 86-904, including all such charges that the seller is deemed to collect when the amount of the charge has not been separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller.

(6) The amount of the prepaid wireless surcharge that is collected by a seller from a consumer, whether or not such amount is separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this state, any political subdivision of this state, or any intergovernmental agency.

(7) For purposes of subsection (4) of this section, when prepaid wireless telecommunications service is sold with one or more other products or services for a single, non-itemized price, the seller shall elect to treat the price of the prepaid wireless telecommunications service (a) as such entire non-itemized price, (b) if the amount of prepaid wireless telecommunications service is disclosed to the consumer as a dollar amount, as such dollar amount, or (c) if the retailer can identify the portion of the price that is attributable to the prepaid wireless telecommunications service by reasonable and verifiable standards from its books and records that are kept in the regular course of business for other purposes, including, but not limited to, nontax purposes, as such portion.

If the amount of prepaid wireless telecommunications service is denominated as ten minutes or less or as five dollars or less, the seller may elect not to collect any prepaid wireless surcharge with respect to the retail transaction.

Sec.

13.

Section 86-905, Reissue Revised Statutes of Nebraska, is amended to read:

86-905 The prepaid wireless surcharge shall be the only funding obligation imposed with respect to prepaid wireless telecommunications service for 911 E-911 service, telecommunications relay service, and universal service in this state, and no tax, fee, surcharge, or other charge shall be imposed by this state, any political subdivision of this state, or any intergovernmental agency, for purposes of funding 911 E-911 service, telecommunications relay service, or universal service, upon any provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service.

Sec.

14.

Section 86-1001, Reissue Revised Statutes of Nebraska, is amended to read:

86-1001 Sections 14 to 68 of this act 86-1001 to 86-1029.04 shall be known and may be cited as the 911 Service System Act.

Sec.

15.

Section 86-1002, Reissue Revised Statutes of Nebraska, is amended to read:

-9- LB362 LB362 2025 86-1002 The purpose of the 911 Service System Act is to establish the Public Service Commission as the statewide implementation and coordinating authority to plan, implement, coordinate, manage, maintain, and provide funding assistance for a 911 service system consistent and compatible with national public safety standards advanced by recognized standards and development organizations.

Sec.

16.

Section 86-1003, Reissue Revised Statutes of Nebraska, is amended to read:

86-1003 It is the intent of the Legislature that:

(1) The commission plan, implement, coordinate, manage, maintain, and provide funding assistance for a cost-efficient 911 service system;

(2) The commission provide for the coordination of 911 service on a statewide basis;

(3) Local governing bodies be responsible for the dispatch and provision of emergency services;

(4) As part of the coordination of statewide 911 service, the commission secure stakeholder support and provide public education, training, standards enforcement, dispute resolution, and program evaluation for public safety answering points;

(5) The jurisdictions of the state, regional, and local governing bodies be clearly defined and aligned to produce the most efficient provision of 911 service, including next-generation 911 service capability;

(6) The commission adopt statewide uniform standards for technical support, training efficiency, and quality assurance for public safety answering points;

(7) The express authority granted to the commission to implement the 911 Service System Act not be deemed to supersede or otherwise modify section 86-124 or to provide the commission with any additional authority not provided by law existing on April 19, 2016, including, but not limited to, regulatory authority over originating service providers except as provided under section of this act 86-1029.04;

and (8) Except as specifically provided in the 911 Service System Act, nothing in the 911 Service System Act be deemed to supersede or modify any commission authority provided by law or any commission order, rule, or regulation existing on April 19, 2016.

Sec.

17.

Section 86-1004, Reissue Revised Statutes of Nebraska, is amended to read:

86-1004 For purposes of the 911 Service System Act, the definitions found in sections 18 to 41 of this act 86-1005 to 86-1024.01 apply.

Sec.

18.

Section 86-1006, Reissue Revised Statutes of Nebraska, is amended to read:

86-1006 Commission means the Public Service Commission.

Sec.

19.

Section 86-1006.01, Reissue Revised Statutes of Nebraska, is amended to read:

86-1006.01 Committee means the 911 Service System Advisory Committee.

Sec.

20.

Section 86-1007, Reissue Revised Statutes of Nebraska, is amended to read:

86-1007 Emergency services means the provision through a public safety agency of firefighting, law enforcement, ambulance, emergency, medical, or other public emergency services, as determined by a local governing body, to respond to and manage emergency incidents.

Sec.

21.

Section 86-449.01, Reissue Revised Statutes of Nebraska, is amended to read:

86-449.01 Home service provider means a telecommunications company as defined in section 86-322 that has contracted with a customer to provide wireless service.

Sec.

22.

Section 86-1011, Reissue Revised Statutes of Nebraska, is amended to read:

86-1011 Internet protocol means the method by which data is sent from one computer to another on the Internet or other networks.

Sec.

23.

Section 86-1012, Reissue Revised Statutes of Nebraska, is amended to read:

86-1012 Internet protocol-enabled service means any service, capability, functionality, or application provided using Internet protocol, or any successor protocol, that enables a service user to send or receive a communication in Internet protocol format including, but not limited to, voice, data, or video.

Sec.

24.

Section 86-1013, Reissue Revised Statutes of Nebraska, is amended to read:

86-1013 Local governing body means a county board, city council of a city, board of trustees of a village, board of directors of any rural or suburban fire protection district, or any governing body of an entity created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act.

Sec.

25.

Section 86-1014, Reissue Revised Statutes of Nebraska, is amended to read:

86-1014 Network means (1) a legacy telecommunications network that supports basic 911 service and enhanced-911 service or (2) a managed Internet protocol network that is used for 911 calls, that can be shared by all public safety answering points, and that provides the Internet protocol transport infrastructure upon which independent application platforms and core functional processes can be deployed, including, but not limited to, those necessary for providing next-generation 911 service capability.

A network may be constructed from a mix of dedicated and shared facilities and may be interconnected at -10- LB362 LB362 2025 local, regional, state, national, and international levels.

Sec.

26.

Section 86-1015, Reissue Revised Statutes of Nebraska, is amended to read:

86-1015 Next-generation 911 means an Internet protocol-based system that:

(1) Ensures interoperability;

(2) Is secure;

(3) Employs commonly accepted standards;

(4) Enables emergency communications centers to receive, process, and analyze all types of 911 requests for emergency services;

(5) Acquires and integrates additional information useful to handling 911 requests for emergency services;

and (6) Supports sharing information related to 911 requests for emergency services among public safety answering points and emergency service providers.

(1) comprised of networks, functional elements, and databases that replicate basic 911 service and enhanced-911 service features and functions and provide additional capabilities and (2) designed to provide access to emergency services from all connected communications sources and to provide multimedia data capabilities for public safety answering points and other emergency services organizations.

Sec.

27.

Section 86-1017, Reissue Revised Statutes of Nebraska, is amended to read:

86-1017 911 call means any form of communication requesting any type of emergency services by contacting a public safety answering point, including voice or nonvoice communications as well as transmission of any analog or digital data.

911 call includes a voice call, video call, text message, or data-only call.

Sec.

28.

Section 86-1018, Reissue Revised Statutes of Nebraska, is amended to read:

86-1018 911 service means the service a public safety answering point uses to receive and process 911 calls over a 911 service system.

Sec.

29.

Section 86-429, Reissue Revised Statutes of Nebraska, is amended to read:

86-429 911 service area means (1) the portion of a local governing body's jurisdiction in which 911 service is provided and (2) an area being provided service by contract with a service supplier on or before January 1, 1990, notwithstanding the crossing of jurisdictional lines, until such time as the noncontracting local governing body notifies the contracting local governing body in writing of its intention to opt out of the 911 service area.

Sec.

30.

Section 86-1019, Reissue Revised Statutes of Nebraska, is amended to read:

86-1019 911 service system means a coordinated system of technologies, software applications, databases, customer-premise equipment components, and operations and management procedures used to provide 911 service through the operation of an efficient and effective network for accepting, processing, and delivering 911 calls to a public safety answering point, including, but not limited to, basic 911 service, enhanced-911 service, enhanced wireless 911 service, next-generation 911 service, and any emerging technologies, networks, and systems that allow access to 911 service.

Sec.

31.

Section 86-1020, Reissue Revised Statutes of Nebraska, is amended to read:

86-1020 Except as provided in section 50 of this act, originating Originating service provider means an entity that provides the capability for customers to originate 911 calls to public safety answering points.

Sec.

32.

Section 86-429.01, Reissue Revised Statutes of Nebraska, is amended to read:

86-429.01 Primary place of use means the residential or business street address that is representative of the primary location of the customer's use of a service that includes the provision of 911 service.

Sec.

33.

Section 86-1021, Reissue Revised Statutes of Nebraska, is amended to read:

86-1021 Public safety agency means an agency which provides emergency services.

Sec.

34.

Section 86-1022, Reissue Revised Statutes of Nebraska, is amended to read:

86-1022 Public safety answering point means a local governmental entity responsible for receiving 911 calls and processing those calls according to a specific operational policy.

Sec.

35.

Section 86-432, Reissue Revised Statutes of Nebraska, is amended to read:

86-432 Service supplier means any person providing 911 service in this state.

Sec.

36.

Section 86-433, Reissue Revised Statutes of Nebraska, is amended to read:

86-433 Service surcharge means a charge set by a local governing body and assessed on each telephone number or functional equivalent of service users whose primary place of use is within the local governing body's designated 911 service area, with the exception of those service users served by wireless carriers as defined in section 86-456 and those service users who have no access to 911 service.

Sec.

37.

Section 86-1023, Reissue Revised Statutes of Nebraska, is amended to read:

86-1023 Service user means any person who initiates a 911 call to receive emergency services.

-11- LB362 LB362 2025 Sec.

38.

Section 86-1024, Reissue Revised Statutes of Nebraska, is amended to read:

86-1024 Stakeholder means a public safety answering point, a public safety agency, and any person, organization, agency of government, originating service provider, or other organization that has a vital interest in the 911 service system.

Sec.

39.

Section 86-1024.01, Reissue Revised Statutes of Nebraska, is amended to read:

86-1024.01 Telecommunications relay services has the same meaning as in 47 C.F.R.

9.3, as such regulation existed on January 1, 2024.

Sec.

40.

Section 86-456, Reissue Revised Statutes of Nebraska, is amended to read:

86-456 Wireless carrier means (1) any carrier of mobile service as referenced in 47 U.S.C.

153(33) 153(27), as such section existed on January 1, 2007, (2) any carrier of commercial mobile service as referenced in 47 U.S.C.

332(d)(1), as such section existed on January 1, 2025 2007, (3) any carrier of commercial mobile radio service as referenced in 47 C.F.R.

20.3 20.9, as such regulation existed on January 1, 2025 2007, or (4) any cellular radiotelephone service as referenced in subpart H of 47 C.F.R.

22, as such regulation existed on January 1, 2025, (5) any licensees of a personal communications service as referenced in 47 C.F.R.

24, as such regulation existed on January 1, 2025, or (6) any and specialized mobile radio services as referenced in subpart S of 47 C.F.R.

90 20.9, as such regulation existed on January 1, 2025 2007.

Sec.

41.

Section 86-456.01, Reissue Revised Statutes of Nebraska, is amended to read:

86-456.01 Wireless service means:

(1) Any mobile service as defined in 47 U.S.C.

153 and 47 C.F.R.

27.4, as such section and regulation existed on January 1, 2025 2007;

(2) any commercial mobile service as defined in 47 U.S.C.

332(d), as such section existed on January 1, 2025 2007;

or (3) any commercial mobile radio service as referenced in 47 C.F.R.

20.3 20.9, as such regulation existed on January 1, 2025 2007.

Sec.

42.

Section 86-1025, Reissue Revised Statutes of Nebraska, is amended to read:

86-1025 The commission shall:

(1) Serve as the statewide coordinating authority for the implementation of the 911 service system;

(2) Be responsible for statewide planning, implementation, coordination, funding assistance, deployment, regulation, and management and maintenance of the 911 service system to ensure that coordinated 911 service is provided to all residents of the state at a consistent level of service in a cost-effective manner;

(3) Be responsible for establishing mandatory and uniform technical and training standards applicable to public safety answering points and adopting and promulgating rules and regulations applicable to public safety answering points for quality assurance standards;

(4) Appoint the members of the committee and act on the committee's recommendations as provided in section 43 of this act 86-1025.01;

(5)(a) Determine how to allocate the 911 Service System Fund in order to facilitate the planning, implementation, coordination, operation, management, and maintenance of the 911 service system;

(b) Create a mechanism for determining the level of funding available to or for the benefit of local governing bodies, public safety answering points, and third-party service or infrastructure providers for costs determined to be eligible by the commission under subdivision (5)(c) of this section;

and (c) Establish standards and criteria concerning disbursements from the 911 Service System Fund for the planning, implementation, coordination, operation, management, and maintenance of the 911 service system.

In establishing such standards and criteria, the following may be eligible for funding:

(i) Costs incurred by or on behalf of local governing bodies or public safety answering points to provide 911 service, including, but not limited to, (A) acquisition of new equipment and related maintenance costs and license fees, (B) upgrades and modifications, (C) delivering next-generation 911 core services, and (D) training personnel used to provide 911 services;

and (ii) Costs incurred by or on behalf of local governing bodies or public safety answering points for the acquisition, installation, maintenance, and operation of telecommunications equipment and telecommunications service required for the provision of 911 service;

and (6) Adopt statewide uniform standards for technical enhancement, support, training, and quality assurance that will allow the 911 service system to communicate, coordinate, and engage with the 988 Suicide and Crisis Lifeline.

Such standards shall provide that service users calling the 911 service system can be connected to the 988 Suicide and Crisis Lifeline, and individuals calling the 988 Suicide and Crisis Lifeline can be connected to the 911 service system, when deemed appropriate by the call-center operators.

The purpose of such dual capability is to facilitate the provision of appropriate emergency services, including instances requiring counseling services for an individual in psychological distress.

The standards shall be completed so that the dual capability to connect individuals between both the 988 Suicide and Crisis Lifeline and the 911 service system is operational no later than January 1, 2025.

Sec.

43.

Section 86-1025.01, Reissue Revised Statutes of Nebraska, is amended to read:

-12- LB362 LB362 2025 86-1025.01 (1) The 911 Service System Advisory Committee is created.

The committee shall advise the commission concerning the implementation, coordination, operation, management, maintenance, and funding of the 911 service system and provide input on technical training and quality assurance.

The state 911 director and the Chief Information Officer or his or her designee shall serve as ex officio members.

The committee shall include the following individuals appointed by the commission:

(a) Four representatives of public safety agencies within the state, including an emergency manager, a member of a law enforcement agency, a member of a fire department, and a member of an emergency medical service as defined in section 38-1207;

(b) Two county officials or employees;

(c) Two municipal officials or employees;

(d) Two representatives of the telecommunications industry;

(e) Two managers of public safety answering points, one of whom is employed by a county sheriff and one of whom is not employed by a county sheriff;

(f) One representative of the Nebraska Association of County Officials;

and (g) One representative of the League of Nebraska Municipalities.

(2) Of the fourteen appointed members of the committee described in subdivisions (1)(a) through (g) of this section, at least two four members shall be appointed from each of the three congressional districts.

Beginning in 2025, the terms of the current members shall expire in staggered three-year terms such that no more than one-third of the committee membership will expire at any one time as determined by the commission.

The appointed members of the committee shall serve for terms of three years.

A vacancy shall be filled for the remainder of the unexpired term.

The committee shall annually select a chairperson and vice-chairperson and meet as often as necessary to carry out its duties.

Members of the committee shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.

(3) The committee shall make any recommendations to the commission regarding the exercise of the commission's duties administering the 911 service system pursuant to section 42 of this act 86-1025, including recommending the adoption and promulgation of any rules and regulations necessary to carry out the purposes of the 911 Service System Act, and may advise on or the introduction of any legislation.

The commission may consider and implement any such recommendations.

Sec.

44.

Section 86-1026, Reissue Revised Statutes of Nebraska, is amended to read:

86-1026 The commission shall appoint a state 911 director to manage the department established within the commission for the 911 service system.

The commission shall ensure that the department has all necessary staffing and resources.

The commission may retain contracted experts or consultants who may be required for the administration of the 911 Service System Act.

Sec.

45.

Section 86-1028, Reissue Revised Statutes of Nebraska, is amended to read:

86-1028 (1) The 911 Service System Fund is created.

The fund shall consist of surcharges collected pursuant to section sections 86-457 and 86-904 and section 52 of this act, money transferred from the Enhanced Wireless 911 Fund, any federal funds received for implementation and development of 911 service, and any other money designated for credit to the 911 Service System Fund.

The fund shall be used for the costs of administering the fund , for the purposes specified in section 86-465 unless otherwise directed by federal law with respect to any federal funds, and for the purposes specified in the 911 Service System Act.

The costs of administering the 911 Service System Fund shall be kept to a minimum.

(2) The fund shall not be subject to any fiscal-year limitation or lapse provision of unexpended balance at the end of any fiscal year or biennium.

Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act , and for the period July 1, 2017, through June 30, 2019, any interest earned by the fund shall be credited to the General Fund.

(3) Money in the 911 Service System Fund may be used to pay for costs incurred by or on behalf of local governing bodies or public safety answering points to provide 911 service that are determined by the commission to be eligible for funding.

The commission is not required to provide funding from the 911 Service System Fund to more than one public safety answering point in any county.

Each entity that receives disbursements from the fund under this subsection shall make a full accounting of the money in a manner and form prescribed by the commission.

(4) The State Treasurer shall transfer any money in the Enhanced Wireless Fund on July 1, 2018, to the 911 Service System Fund.

Sec.

46.

Section 86-1029, Reissue Revised Statutes of Nebraska, is amended to read:

86-1029 The express authority granted to the commission to implement the Service System Act shall not be deemed to supersede or otherwise modify section 86-124 or to provide the commission with any additional authority not provided by law existing on April 19, 2016, including, but not limited to, regulatory authority over originating service providers except as provided under section 50 of this act 86-1029.04.

Sec.

47.

Section 86-1029.01, Reissue Revised Statutes of Nebraska, is -13- LB362 LB362 2025 amended to read:

86-1029.01 The commission may apply for any federal or other funds available for next-generation 911 service and may distribute such federal funds consistent with federal law and other funds consistent with the directives, purposes, or conditions of such other funds.

Except for intentional acts, the commission shall be immune from liability or the payment of damages in applying for any such federal funds.

The state 911 director shall be the designated single point of contact for any federal 911 grant program.

Sec.

48.

Section 86-1029.02, Reissue Revised Statutes of Nebraska, is amended to read:

86-1029.02 Any person involved in the provision of next-generation 911 service who:

(1) Receives, develops, collects, or processes information for any database;

(2) provides local exchange, interexchange, or transport service in connection with any next-generation 911 service;

(3) relays, transfers, operates, maintains, or provides next-generation 911 service or systems capabilities, including interoperable connections between the 911 service system and the 988 Suicide and Crisis Lifeline;