CHAPTER 183

FORMERLY

SENATE BILL NO. 138

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ENHANCED 911 EMERGENCY NUMBER SERVICE AND REPORTING SYSTEM FUND.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 10002(10), Title 16 of the Delaware Code by inserting, after “provider”, but before “.”, the phrase “ any other provider that is required to or opts to provide 911 service, or any intermediate entity or pass through agent providing telecommunications services.”.

Section 2. Amend § 10002(18), Title 16 of the Delaware Code by deleting the “.” after the word “state” and adding the phrase “or commercial mobile radio service providers as defined by the Federal Communications Commission.”

Section 3. Amend § 10005, Title 16 of the Delaware Code by adding thereto a new subsection, designated as subsection (j), to read:

“(j) All providers as defined § 10002(10) shall officially designate a person to coordinate with, and provide information to, the Board as required by the Board.”

Section 5. Amend § 10103(a), Title 16 of the Delaware Code by adding thereto a new subsection (4) to read as follows:

“(4) Nontraditional communication services – The surcharge shall be imposed by each provider of non-traditional communications service on subscribers of such services where such provider is required to or opts to provide 911 service.”.

Section 6. Amend § 10104(b), Title 16 of the Delaware Code by deleting the word “may” as it appears in the last sentence of this subsection after the word “counties” but before the phrase “use these revenues”, and inserting in lieu thereof, the word “shall”.

Section 7. Amend § 10104(b), Title 16 of the Delaware Code by adding after the end of the last sentence of subsection (b) a new sentence to read, “Costs incurred shall be verified by an annual audit as directed by the Board.”

Section 8. Amend § 10104, Title 16 of the Delaware Code by adding a new subsection (h) to read as follows:

“(h) An annual audit of the Fund shall be completed by an independent auditor to be designated by the Board.”

Approved January 24, 2008