3.0.0 3788 2022-02-03T05:53:54Z 2022-02-03T05:53:54Z House H HR 2012-01-18 112 From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. DAVIS of Illinois:H.R. 3788.Congress has the power to enact this legislation pursuantto the following:Section 5 of the 14th Amendment to the Constitution andCongress' plenary power under Article I, Section 8, Clause 3of the Constitution (commonly known as the ``commerceclause''), in order to ensure that States and politicalsubdivisions thereof do not discriminate against providersand consumers of mobile services by imposing new selectiveand excessive taxes and other burdens on such providers andconsumers.[Page H78]]]> hsju00 Judiciary Committee House Standing hsju03 Courts, Intellectual Property, and the Internet Subcommittee Referred to 2012-01-25T16:09:03Z Referred to 2012-01-18T15:01:50Z hsif00 Energy and Commerce Committee House Standing Referred to 2012-01-18T15:01:45Z 2012-01-25 hsju03 Courts, Intellectual Property, and the Internet Subcommittee 1 House committee actions Referred to the Subcommittee on Courts, Commercial and Administrative Law. Committee 2012-01-18 Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2012-01-18 Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2012-01-18 Introduced in House IntroReferral Intro-H 9 Library of Congress 2012-01-18 Introduced in House IntroReferral 1000 9 Library of Congress D000096 Rep. Davis, Danny K. [D-IL-7] DANNY DAVIS D IL K. 7 N Taxation Emergency communications systems Sales and excise taxes State and local taxation Telephone and wireless communication User charges and fees Taxation 00 2012-01-18 Introduced in House 2012-02-03T13:27:21Z E911 Surcharge Fairness Act of 2011 - Prohibits any state or local government from: (1) imposing a new unfair or inequitable E911 fee, tax, or surcharge with respect to any prepaid mobile service, provider, or customer; or (2) enforcing a new or existing E911 fee in an unfair or inequitable manner.

Defines "E911 fee" as any 911 or E911 fee, tax, or surcharge specifically imposed or designated by a state or local government for the support of 911 or E911 communications systems and related public safety purposes.

Defines as "unfair or inequitable" any E911 fee that: (1) cannot be collected from end-users who are the intended payors of the fees under the existing wireless business model of the prepaid mobile service provider, or (2) is enforced in a manner that imposes strict liability on a prepaid mobile service provider for its inability to collect such fee as so prescribed.

Defines an "unfair or inequitable manner" as: (1) the imposition against a prepaid mobile service provider or seller of any E911 fee that the provider cannot collect from its end-user customers who are the intended payors of the fees under its existing wireless business model, (2) the enforcement of an E911 fee against a prepaid mobile service provider in a manner that creates strict liability for the provider or seller for its inability to collect as so prescribed, or (3) the imposition of a E911 fee in a manner that results in the fee being subject to other state or local taxes when such taxes are not equally imposed on the E911 fees paid by postpaid mobile service customers.

]]> E911 Surcharge Fairness Act of 2011 Short Titles as Introduced E911 Surcharge Fairness Act of 2011 Display Title E911 Surcharge Fairness Act of 2011 Official Title as Introduced To ensure that State and local E911 fees, taxes, and surcharges are imposed in a fair and equitable manner with respect to prepaid mobile services. Introduced in House 2012-01-18T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr3788ih/xml/BILLS-112hr3788ih.xml 2012-01-25 Referred to the Subcommittee on Courts, Commercial and Administrative Law. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.