CHAPTER 137

FORMERLY

HOUSE BILL NO. 143

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 16 AND 30 OF THE DELAWARE CODE RELATING TO THE EMERGENCY REPORTING SYSTEM FUND AND PROCEDURES RELATING THERETO.

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

Section 1. Amend § 10005(f)(1), Title 16 of the Delaware Code by striking “November 1, 2001” and substituting in lieu thereof “February 1, 2004”.

Section 2. Amend § 10103(f), Title 16 of the Delaware Code by deleting said Subsection in its entirety and substituting in lieu thereof a new “Subsection (f)” to read as follows:

“(f) All surcharges imposed by Subsection (a) of this Section shall be collected by providers from subscribers to telecommunications service with each invoice for service and shall be paid by providers on a monthly basis to the Department of Finance no later than the 15th day of the month following its collection and shall be deposited into the fund on a monthly basis.”.

Section 3. Amend § 10104(b), Title 16 of the Delaware Code by striking the phrase "wireline residential customer" as it appears in the first sentence of said Subsection and substituting in lieu thereof the phrase "residence exchange access line or residential Basic Rate Interface (‘BRI’) ISDN arrangement".

Section 4. Amend § 10105, Title 16 of the Delaware Code by striking the phrase “Secretary is” as it appears in said Section and substituting in lieu thereof the phrase “Secretary and, to the extent the collection of surcharges under this Chapter is delegated to or performed by the Director of Revenue, each is”.

Section 5. Amend § 501, Title 30 of the Delaware Code by deleting said Section in its entirety and enacting a new § 501 to read as follows:

Ҥ 501. Application of this Chapter.

Except where in conflict with a specific provision within another Chapter of this Title or, where applicable, a specific provision of Title 4 or Title 16 or a rule of the Delaware Alcoholic Beverage Control Commission, this Chapter shall govern the administration, procedures and enforcement of the State revenue laws provided for under Chapters 11, 13, 15, 19, 20, 21, 23, 25, 27, 29, 30, 33, 41, 43, 53, 54, 55, 61 and 63 of this Title; § § 3004 and 3005 of this Title; Subchapter VII of Chapter 5 of Title 4; and Chapter 101 of Title 16 of the Delaware Code.”.

Section 6. Severability Clause. If any clause, sentence, Section, provision or part of this Act shall be adjudged to be unconstitutional or invalid for any reason by any Court of competent jurisdiction, such judgment shall not impair, invalidate or affect the remainder of this Act, which shall remain in full force and effect.

Section 7. This Act shall be effective as of upon enactment.

Section 7. Amend § 10009 of Title 16 of the Delaware Code by deleting such Section in its entirety and enacting a new § 10009 to read as follows:

"§ 10009. Provider Records.

Pursuant to a non-disclosure agreement with the Board and only to the extent required to develop and implement the wireline or wireless E-911 State plans or to accomplish any other lawful purpose directly related to the 911-Enhanced Emergency Reporting System, each provider shall provide relevant information as requested in writing by the Board relating to subscribers, provider specific revenues and expenses, and automatic location information. Such information shall remain the exclusive property of the provider notwithstanding any other provision of law and, shall not be disclosed by the Board except pursuant to the terms of the non-disclosure agreement with the provider.".

Section 8. Amend § 10010 of Title 16 of the Delaware Code by adding a new sentence at the end of subsection (a) as follows:

"The information made available to the State, its representatives or providers of emergency services shall be used solely for purposes of delivering or assisting in the delivery of E-911 emergency services or services that notify the public of an emergency.".

Section 9. Amend § 10010(b) of Title 16 of the Delaware Code by adding the phrase ", including private listing information," after the word "information" and before the word "for"’ and deleting the word "or" and inserting a comma after the word "chapter" and inserting the phrase "or as otherwise required by law" after the word "title" and before the period (‘.’).”

Approved July 11, 2003