SC Code § 23-47-65 (2021)
2021 South Carolina Code of Laws|Title 23 - Law Enforcement and Public Safety|Chapter 47 - Public Safety Communications Center|Section 23-47-65. CMRS Emergency Telephone Advisory Committee created; responsibilities of committee and Revenue and Fiscal Affairs Office.

 (A)(1) The South Carolina 911 Advisory Committee is created to assist the Revenue and Fiscal Affairs Office in carrying out its responsibilities in implementing, maintaining, and updating an efficient wireless 911 system. The committee must be comprised of twelve members and appointed as follows: eight members appointed by the Governor of which two must be employees of a local 911 system recommended by the South Carolina Association of Public Safety Communication Officials, two must be employees of a local 911 system recommended by the South Carolina National Emergency Number Association, two must be employees of CMRS providers licensed to do business in the State, one must be an employee of a telephone (local exchange access facility) service supplier licensed to do business in the State, and one consumer; and four members appointed by the Executive Director of the Revenue and Fiscal Affairs Office of which one must be its executive director or his designee, one must be an individual with GIS expertise, one must be an individual with knowledge of communication operations or technology, and one county administrator recommended by the South Carolina Association of Counties. There is no expense reimbursement or per diem payment made to members of the committee for attendance in committee or subcommittee meetings. However, upon prior approval by the Executive Director of the Revenue and Fiscal Affairs Office, members of the committee may be reimbursed by the Revenue and Fiscal Affairs Office, pursuant to state travel guidelines, for travel associated with their service on the committee.  (2) All committee members, except the executive director or his designee, must be appointed for a three-year term. These eleven committee members may be appointed to one consecutive term. A member may not be reappointed in a different capacity in order to circumvent the two consecutive term limitation. A member who has served the maximum consecutive terms is eligible for reappointment to a subsequent term after three years absence from the committee.  (3) In the event a vacancy arises, it must be filled for the remainder of the term in the manner of the original appointment. A partial term does not count toward the term limits; however, service for three-fourths or more of a term constitutes service for a term.  (4) Any committee member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the committee; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds.  (5) The committee shall establish its own procedures with respect to the selection of officers, quorum, place, and conduct of meetings. The committee may create special committees or subcommittees as it deems necessary and may invite other knowledgeable individuals to participate on these special committees or subcommittees. However, the committee may not delegate any statutory duty to such other committees.  (B) The responsibilities of the committee with respect to CMRS emergency telephone services are to:  (1) advise the Revenue and Fiscal Affairs Office on technical, operational, and training issues regarding the development, implementation, and continuing evolution of a comprehensive wireless 911 system, especially matters concerning appropriate systems and equipment to be acquired by CMRS providers and PSAPs to assure the compatibility of the systems and equipment and the ability of the systems and equipment to comply with the strategic plan and operating model approved by the board;  (2) recommend systems and equipment for which reimbursement may be allowed to CMRS providers and PSAPs under the provisions of this chapter, which are compatible with each other as needed for the public's safety, and will not result in wasteful spending on inappropriate or redundant technology; and  (3) review and approve continuing education training courses for which reimbursement may be allowed to CMRS providers and PSAPs under the provisions of this chapter.  (C) The responsibilities of the Revenue and Fiscal Affairs Office with respect to CMRS emergency telephone services are to:  (1) develop and oversee a strategic plan and manage or contract up to ten years for a 911 operating system in accordance with the provisions of the strategic plan as outlined in this chapter and as approved by the board. In order to effectively manage the plan and system, the office in accordance with state procurement guidelines is authorized to:  (a) hire employees or contract for services and equipment to achieve all or parts of the model; and  (b) provide for statewide contracts for equipment and services identified in the plan for PSAPs to utilize;  (2) manage and disburse funds in and from an interest-bearing account in the following manner:  (a) hold and distribute not more than thirty-nine and eight-tenths percent of the total monthly revenues in the interest-bearing account to PSAP administrators based on CMRS 911 wireless call volume for expenses incurred for the answering, routing, and proper disposition of CMRS 911 calls;  (b) hold and distribute not more than fifty-eight and two-tenths percent of the total monthly revenues in the interest-bearing account solely for the purposes of complying with the provisions of this chapter and the strategic plan. These funds may be utilized by the office, the PSAPs, and the CMRS providers licensed to do business in this State for the following purposes in connection with compliance with this chapter and the strategic plan including, but not limited to: acquiring, upgrading, maintaining, programming, and installing necessary data, networks, services, hardware, and software. Invoices detailing specific expenses for these purposes must be presented for approval to the Revenue and Fiscal Affairs Office in connection with any request for reimbursement, and the request must be approved by the Revenue and Fiscal Affairs Office, upon recommendation of the committee. Any invoices presented to the Revenue and Fiscal Affairs Office for reimbursements of costs not described by this section may be considered by the board, but only upon unanimous approval of the committee, but in no event shall reimbursement be made for costs inconsistent with the strategic plan; and  (c) hold and distribute not more than two percent of the total monthly revenues in the interest-bearing account to compensate the independent auditor provided for herein and for expenses which the Revenue and Fiscal Affairs Office is authorized to incur by contract, or otherwise, for provision of any administrative, legal, support, or other services to assist the Revenue and Fiscal Affairs Office in fulfilling its responsibilities under this act;  (3) prepare annual reports outlining fees collected and monies disbursed to PSAP and CMRS providers, and monies disbursed for operations of the Revenue and Fiscal Affairs Office, and submit annual reports to the South Carolina 911 Advisory Committee and the State Treasurer's Office;  (4) retain an independent, private auditor, as necessary in carrying out its responsibilities and as provided in the Consolidated Procurement Code, such as for the purposes of receiving, maintaining, and verifying the accuracy of proprietary information submitted to the Revenue and Fiscal Affairs Office by CMRS providers or PSAPs, and assisting the committee in its duties including its annual calculation of the average 911 charges pursuant to Section 23-47-50(F) and in cost studies it may conduct. Due to the confidential and proprietary nature of the information submitted by CMRS providers, the information may not be released to a party other than the independent private auditor and is expressly exempt from disclosure pursuant to Chapter 4, Title 30. The information collected by the auditor may be released only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual CMRS provider;  (5) conduct a cost study to be submitted to the House Ways and Means Committee and Senate Finance Committee one year from the effective date of this section and thereafter at the Revenue and Fiscal Affairs Office's discretion. The Revenue and Fiscal Affairs Office may include any information it considers appropriate to assist the General Assembly in determining whether future legislation is necessary or appropriate, but the report must include information to assist in determining whether to adjust the CMRS 911 charge to reflect actual costs incurred by PSAPs or CMRS providers for compliance with applicable requirements of the strategic plan;  (6) convene the committee and consult with it concerning the performance of the responsibilities assigned to the Revenue and Fiscal Affairs Office and to the committee in this chapter, and the development and maintenance of the state's CMRS emergency telephone services and system;  (7) report as required or suggested by this chapter, promulgate any regulations, and take further actions as are appropriate in implementing it;  (8) work with the Department of Revenue to ensure all reporting requirements are being met; and  (9) act as the State 911 Coordinator for the purposes of any relevant state or federal law or program requirements.  (D) The Revenue and Fiscal Affairs Office and committee must:  (1) annually calculate the average 911 charge as provided in Section 23-47-50(F); and  (2) take appropriate measures to maintain the confidentiality of the proprietary information described in this section. This information may be disclosed to Revenue and Fiscal Affairs Office and committee members only in the event a dispute arises with respect to the Revenue and Fiscal Affairs Office's and committee's discharge of their responsibilities under Section 23-47-65(B)(2) which necessitates such disclosure. The information also shall be exempt from disclosure pursuant to Chapter 4, Title 30. Members of the Revenue and Fiscal Affairs Office may not disclose the information to any third parties, including their employers.  (E) CMRS providers are entitled to retain two percent of the fees collected as reimbursement for collection and handling of the CMRS 911 charge.  HISTORY: 1998 Act No. 399, Section 4; 2000 Act No. 233, Section 2; 2005 Act No. 164, Section 18; 2010 Act No. 135, Section 5, eff July 1, 2011; 2018 Act No. 246 (H.3895), Section 6, eff July 1, 2018; 2019 Act No. 60 (H.3586), Section 6, eff May 16, 2019.  Code Commissioner's Note  The reference to "FCC Docket Number 94-102" in subsection (C)(4) of this section originally read "FCC Docket Number 94-10." At the direction of the Code Commissioner in 2012, the reference was changed to "FCC Docket Number 94-102" to correct a scrivener's error in the original Act.  At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1).  Effect of Amendment  The 2010 amendment in subsection (A)(1), substituted "South Carolina 911" for "CMRS Emergency Telephone Services" in the first sentence, and in the second sentence, substituted "a director of a division of the State" for "the Director of the State Chief Information Officer Division," and inserted "the Director of the Office of Research and Statistics;"; in first sentence of subsection (D)(2), substituted "this section" for "section 23-47-65(C)(1)(e)", and in the second sentence, substituted a comma for "of" preceding "Title 30"; in subsection (D)(3), added "prepaid wireless sellers comply with the requirements of Section 23-47-68(F) and that all other"; and deleted subsection (F) relating to committee termination.  2018 Act No. 246, Section 6, rewrote (A)(1), allowing the Executive Director of the Revenue and Fiscal Affairs Office to appoint a member to the committee.  2019 Act No. 60, Section 6, rewrote the section, increasing the responsibilities of the South Carolina 911 Advisory Committee, increasing the size of its membership, revising the process of appointing members, providing its members compensation for certain expenses, and increasing and revising the responsibilities of the Revenue and Fiscal Affairs Office.