HOUSE BILL NO. 363

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H0363......................................................by STATE AFFAIRS
EMERGENCY COMMUNICATIONS FEE - Amends and adds to existing law to provide
for an emergency communications fee; to provide for establishment of
enhanced consolidated emergency communications systems; to provide for the
appointment of an official or administrator to maintain, enhance and govern
a consolidated emergency communications system; to provide for application
to prepaid calling cards; and to provide for confidential and proprietary
data.
                                                                        
03/11    House intro - 1st rdg - to printing
03/12    Rpt prt - to St Aff
03/19    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/25    3rd rdg - PASSED - 46-22-2
      AYES -- Andersen, Bell, Bieter(Bieter), Black, Block, Boe, Campbell,
      Cannon, Cuddy, Deal, Douglas, Edmunson, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest(Bray), Jaquet, Jones,
      Kellogg, Lake, Langford, Langhorst, Martinez, Meyer, Miller,
      Mitchell, Naccarato, Nielsen, Ring, Ringo, Robison, Rydalch, Sayler,
      Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
      Stevenson, Tilman, Wills, Mr. Speaker
      NAYS -- Barraclough, Barrett, Bauer, Bedke, Bolz, Bradford, Clark,
      Collins, Crow, Denney, Eberle, Ellsworth, Harwood, Kulczyk,
      McGeachin, McKague, Moyle, Raybould, Ridinger, Roberts, Sali,
      Schaefer
      Absent and excused -- Trail, Wood
    Floor Sponsor - Black
    Title apvd - to Senate
03/26    Senate intro - 1st rdg - to St Aff
03/31    Rpt out - rec d/p - to 2nd rdg
04/01    2nd rdg - to 3rd rdg
04/02    3rd rdg - PASSED - 29-0-6
      AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Gannon, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noh, Pearce, Richardson, Schroeder, Sorensen, Stennett,
      Sweet, Werk
      NAYS -- None
      Absent and excused -- Brandt, Davis, Geddes, Noble, Stegner, Williams
    Floor Sponsor - Sorensen
    Title apvd - to House
04/03    To enrol
04/04    Rpt enrol - Sp signed
04/07    Pres signed
04/08    To Governor
04/14    Governor signed
         Session Law Chapter 290
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 363
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE EMERGENCY COMMUNICATIONS ACT; AMENDING SECTION 31-4801,  IDAHO
  3        CODE,  TO  PROVIDE  FURTHER LEGISLATIVE PURPOSE; AMENDING SECTION 31-4802,
  4        IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE  A  TECHNICAL  CORRECTION;
  5        AMENDING  SECTION  31-4803,  IDAHO  CODE,  TO PROVIDE FOR A VOTER APPROVED
  6        EMERGENCY COMMUNICATIONS FEE, TO PROVIDE WHEN NO FURTHER  VOTE  IS  NECES-
  7        SARY,  TO PROVIDE FOR REVIEW OF THE FEE AND TO MAKE TECHNICAL CORRECTIONS;
  8        AMENDING SECTION 31-4804, IDAHO CODE, TO PROVIDE THE AMOUNT OF  THE  EMER-
  9        GENCY  COMMUNICATIONS FEE, TO PROVIDE PROCEDURES AND TO PROVIDE FOR USE OF
 10        FEES; AMENDING CHAPTER 48, TITLE 31, IDAHO CODE, BY THE ADDITION OF A  NEW
 11        SECTION  31-4804A,  IDAHO  CODE,  TO PROVIDE FOR ESTABLISHMENT OF ENHANCED
 12        CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEMS; AMENDING  SECTION  31-4805,
 13        IDAHO  CODE,  TO  PROVIDE FOR A GOVERNING BOARD OR ADMINISTRATOR AFTER THE
 14        VOTER APPROVAL  OF  AN  EMERGENCY  COMMUNICATIONS  FEE;  AMENDING  SECTION
 15        31-4806, IDAHO CODE, TO PROVIDE FOR APPOINTMENT OF AN OFFICIAL OR ADMINIS-
 16        TRATOR  TO  MAINTAIN, OPERATE, ENHANCE AND GOVERN A CONSOLIDATED EMERGENCY
 17        COMMUNICATIONS SYSTEM; AMENDING SECTION 31-4812,  IDAHO  CODE,  TO  REVISE
 18        IMMUNITY AND CONDITIONS OF LIABILITY STANDARDS IN PROVIDING EMERGENCY COM-
 19        MUNICATIONS  SERVICES;  AMENDING  CHAPTER 48, TITLE 31, IDAHO CODE, BY THE
 20        ADDITION OF NEW SECTIONS 31-4813  AND  31-4814,  IDAHO  CODE,  TO  PROVIDE
 21        APPLICATION  TO PREPAID CALLING CARDS, AND TO PROVIDE FOR CONFIDENTIAL AND
 22        PROPRIETARY DATA.
                                                                        
 23    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 24        SECTION 1.  That Section 31-4801, Idaho Code, be, and the same  is  hereby
 25    amended to read as follows:
                                                                        
 26        31-4801.  PURPOSE.  The legislature recognizes that providing consolidated
 27    emergency communications systems is vital  in  enhancing  the  public  health,
 28    safety,  and  welfare  of the residents of the state of Idaho. The legislature
 29    further finds that there is an obvious need for providing a means  to  finance
 30    the initiation, maintenance, and operation, enhancement and governance of con-
 31    solidated emergency communications systems.
 32        (1)  The legislature of the state of Idaho finds that:
 33        (a)  Since  the  original enactment of the emergency communications act in
 34        1988, many of Idaho's communities have found that they are lacking in  the
 35        resources  to  fully  fund  emergency  communications systems at the local
 36        level;
 37        (b)  Changes in technology and the rapid growth  of  communications  media
 38        have  demonstrated  that financing such systems solely by a line charge on
 39        subscribers to wire-line services does not reflect  utilization  of  emer-
 40        gency communications systems by subscribers to wireless and other forms of
 41        communications systems;
 42        (c)  There is a need to enhance funding for the initiation and enhancement
 43        of consolidated emergency communications systems throughout the state;
                                                                        
                                           2
                                                                        
  1        (d)  Utilization of cellular telephones to access emergency communications
  2        systems  has  substantially increased citizen access to emergency services
  3        while at the same time increasing demands upon the emergency response sys-
  4        tem.
  5        (e)  In order to protect and promote the public health and safety, and  to
  6        keep  pace  with advances in telecommunications technology and the various
  7        choices of telecommunications technology available to the public, there is
  8        a need to plan and develop a statewide coordinated policy and  program  to
  9        ensure  that  enhanced  911  services are available to all citizens of the
 10        state and in all areas of the state. Accordingly, it is the intent of  the
 11        legislature that the association of Idaho cities and the Idaho association
 12        of counties establish a task force composed of county commissioners, sher-
 13        iffs,  city councilmen, police chiefs, fire chiefs, emergency medical ser-
 14        vice providers and telecommunications providers. The purpose of  the  task
 15        force  is to review and, if appropriate, recommend legislation to the sec-
 16        ond regular session of the fifty-seventh Idaho legislature concerning the:
 17        (i) governance of 911 emergency communications systems and (ii) the estab-
 18        lishment of emergency communications systems for  those  counties  of  the
 19        state that do not have such systems.
 20        (2)  Therefore,  it  is hereby declared that the intent and purpose of the
 21    provisions of this act are to:
 22        (a)  Provide authority to counties and 911  service  areas  to  impose  an
 23        emergency  communications fee on the use of both telephone lines and wire-
 24        less communications systems;
 25        (b)  Provide that the emergency communications fee  shall  be  exclusively
 26        utilized  by the counties electing to impose it to finance the initiation,
 27        maintenance, operation, enhancement and governance of  consolidated  emer-
 28        gency systems as well as enhanced consolidated emergency systems;
 29        (c)  Provide  for  the  agreed-to  reimbursement  to wireless carriers for
 30        their implementation of  enhanced  consolidated  emergency  communications
 31        systems  by  counties  or 911 service areas that have implemented enhanced
 32        consolidated emergency communications systems.
                                                                        
 33        SECTION 2.  That Section 31-4802, Idaho Code, be, and the same  is  hereby
 34    amended to read as follows:
                                                                        
 35        31-4802.  DEFINITIONS. As used in this chapter:
 36        (1)  "Access  line"  means  any telephone line, trunk line, network access
 37    register, dedicated radio signal, or equivalent that provides  switched  tele-
 38    communications  access  to a consolidated emergency communications system from
 39    either a service address or a place of primary use within this state.  In  the
 40    case  of  wireless technology, each active dedicated telephone number shall be
 41    considered a single access line.
 42        (2)  "Administrator" means the person, officer  or  agency  designated  to
 43    operate  a  consolidated emergency communications system, and to receive funds
 44    for such an operation.
 45        (3)  "Basic consolidated emergency system"  means  consolidated  emergency
 46    systems that are not enhanced.
 47        (24)  "Consolidated  emergency  communications  system"  means facilities,
 48    equipment and dispatching services directly related to establishing, maintain-
 49    ing, or enhancing a 911 emergency communications service.
 50        (5)  "Emergency communications fee" means the fee provided for in  section
 51    31-4803, Idaho Code.
 52        (6)  "Enhanced consolidated emergency system" means consolidated emergency
 53    systems  that  provide  enhanced wireless 911 service and include, but are not
                                                                        
                                           3
                                                                        
  1    limited to, the technological capability to provide call  back  numbers,  cell
  2    site  locations,  and the location of calls by latitude and longitude and made
  3    through the systems of wireless carriers.
  4        (37)  "Governing board" means the joint powers board, if the  911  service
  5    area is a multicounty area, or the board of county commissioners of the county
  6    or  the  city  council if the 911 service area is a city, or both the board of
  7    county commissioners and the city council if the  911  service  area  includes
  8    both city and county residents but not the entire county.
  9        (48)  "911  service  area"  means  a regional, multicounty, county or area
 10    other than a whole county in which area the residents have voted to  establish
 11    a consolidated emergency communications system.
 12        (9)  "Place  of  primary  use" means the residential street address or the
 13    primary business street address in Idaho where the customer's use of the wire-
 14    less service primarily occurs.
 15        (10) "Telecommunications provider" means  any  person  providing  exchange
 16    telephone  service to a service address within this state or any wireless car-
 17    rier providing telecommunications service to any customer having  a  place  of
 18    primary use within this state.
 19        (11) "Wireless  carrier"  means a cellular licensee, a personal communica-
 20    tions service licensee, and certain specialized mobile radio providers  desig-
 21    nated  as  covered carriers by the federal communications commission in 47 CFR
 22    20.18 and any successor to such rule.
                                                                        
 23        SECTION 3.  That Section 31-4803, Idaho Code, be, and the same  is  hereby
 24    amended to read as follows:
                                                                        
 25        31-4803.  AUTHORITY  TO  ESTABLISH AND FOR VOTERS TO APPROVE FUNDING FOR A
 26    CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEM. (1) The board  of  commissioners
 27    of  any county may establish a consolidated emergency communications system by
 28    virtue of authority granted by this chapter or by chapter 23, title 67,  Idaho
 29    Code.  The  service area may be regional, multicounty, county-wide countywide,
 30    or any part or parts of the county, and may include or exclude a city or  cit-
 31    ies.  If  the  board  of county commissioners has adopted a resolution stating
 32    that the county is unable to establish a county-wide  countywide  consolidated
 33    emergency  communications  system,  or  if  the  voters  reject  a county-wide
 34    countywide consolidated 911 system, then a 911 service area may be established
 35    by action of any city or cities within the county. The 911 service area  shall
 36    be described in the ordinance of creation. The ordinance shall further provide
 37    for an election on the question as provided in subsection (2) of this section.
 38    The  ordinance  of  creation  shall  define the governing board, designate the
 39    administrator, and the agency to service the 911 calls. The costs of the elec-
 40    tion ordered by the county shall be a proper charge against the county current
 41    expense fund. The costs of the election for a 911  service  area  shall  be  a
 42    proper charge against the city or cities initiating the election.
 43        (2)  The voters of any county or 911 service area may authorize funding to
 44    support  implementation of a consolidated emergency communications system pur-
 45    suant to the provisions of this chapter. The  authorization  to  provide  such
 46    funding must be made by the registered voters of the county or of the 911 ser-
 47    vice  area  at either a primary or general election. A notice for any election
 48    shall be published for twenty (20) days as required by section  60-109,  Idaho
 49    Code.  A  sixty percent (60%) majority of the votes cast in favor of the ques-
 50    tion shall be necessary to authorize the telephone line user emergency  commu-
 51    nications fee.
 52        (3)  If  a 911 system is to be financed in whole or in part by a telephone
 53    line user an emergency communications  fee, the governing board  shall  submit
                                                                        
                                           4
                                                                        
  1    the  question  to  the  electors of the county or 911 service area in substan-
  2    tially the following form:
  3        "Shall the governing board of ............ be authorized to institute
  4        a telephone line user an emergency communications fee in an amount no
  5        greater than one dollar ($l.00) per month to be used to fund an emer-
  6        gency telephone system, commonly known as 911 service?".
  7        (4)  No telephone line user emergency communications fee  for  a  consoli-
  8    dated  emergency communications system shall be charged without voter approval
  9    as provided in subsection (2) of this section.
 10        (5)  Any net savings in operating expenditures realized by any taxing dis-
 11    trict utilizing a consolidated emergency communications system shall  be  used
 12    by that taxing district for a reduction in the ad valorem property tax charges
 13    of that taxing district.
 14        (6)  If  the  voters  of  any  county  or 911 service area have previously
 15    approved funding of a consolidated emergency communications system in the man-
 16    ner provided in subsections (2) and (3) of this section, no  further  vote  is
 17    necessary to authorize the emergency communications fee set forth in this act.
 18        (7)  Effective  October  1, 2004, and every year thereafter, the emergency
 19    communications fee provided for in this act shall be reviewed and modified  as
 20    required by this subsection by the board of commissioners of a countywide sys-
 21    tem or by the governing board of a 911 service area as follows:
 22        (a)  The  level of the emergency communications fee shall be reviewed and,
 23        as appropriate and necessary, readjusted by action of the board of commis-
 24        sioners or the governing board on an annual basis. The  board  of  commis-
 25        sioners  or  governing board shall set the level of the fee based upon the
 26        revenue requirements necessary to  implement  an  annual  budget  prepared
 27        under  the  direction of the board of commissioners or governing board for
 28        the initiation, maintenance, operation, enhancement and  governance  of  a
 29        consolidated emergency communications system, including both basic and, if
 30        applicable, enhanced consolidated emergency systems.
 31        (b)  The  revenues from emergency communications fees shall be exclusively
 32        expended pursuant to the budget established in paragraph (a) of this  sub-
 33        section.  Use  of such revenues for any other purpose is expressly prohib-
 34        ited.
 35        (c)  The process of reviewing and setting the level of emergency  communi-
 36        cations fees shall be governed by the meeting and public notice provisions
 37        of  section  31-710(4),  Idaho Code. For the purposes of this section, the
 38        setting of a fee shall be deemed to be the promulgation  of  a  rule  such
 39        that public participation provisions of section 67-5222, Idaho Code, shall
 40        apply  to  the  meetings  of  the board of commissioners or of a governing
 41        board pursuant to this section.
                                                                        
 42        SECTION 4.  That Section 31-4804, Idaho Code, be, and the same  is  hereby
 43    amended to read as follows:
                                                                        
 44        31-4804.  TELEPHONE LINE USER EMERGENCY COMMUNICATIONS  FEE. (1) The tele-
 45    phone  line  user emergency communications fee provided pursuant to the provi-
 46    sions of this chapter shall be a uniform  amount  not  to  exceed  one  dollar
 47    ($1.00)  per month per exchange access line, trunk line, network access regis-
 48    ter, or equivalent, and such fee shall be used exclusively to finance the ini-
 49    tiation, maintenance, or operation, enhancement and governance of  a  consoli-
 50    dated  emergency communications system within the boundaries of one (1) county
 51    or 911 service area and provide for the reimbursement of wireless carriers for
 52    implementing enhanced consolidated emergency systems as provided for  in  sec-
 53    tion  31-4804A,  Idaho  Code.  All emergency communications fees collected and
                                                                        
                                           5
                                                                        
  1    expended pursuant to this section shall be audited by  an  independent,  third
  2    party  auditor  ordinarily  retained  by the governing board for auditing pur-
  3    poses. The purpose of the audit as related to emergency communications systems
  4    is to verify the  accuracy  and  completeness  of  fees  collected  and  costs
  5    expended.
  6        (2)  The  fee  shall be collected from customers on a monthly basis by all
  7    telecommunications  entities  which  provide  local  telephone  line   service
  8    providers  that  make  available access lines to persons within the county, or
  9    911 service area, and may be listed as a separate item on  customers'  monthly
 10    bills.
 11        (3)  The telephone companies telecommunications providers shall remit such
 12    fee  to the county treasurer's office or the administrator for the 911 service
 13    area based upon the 911 service area from which the fees  were  collected.  In
 14    the  event  the  telecommunications  provider  remits such fees based upon the
 15    emergency communications fee billed to the  customer,  a  deduction  shall  be
 16    allowed  for uncollected amounts when such amounts are treated as bad debt for
 17    financial reporting purposes.
 18        (4)  From every remittance to the governing body made  on  or  before  the
 19    date  when the same becomes due, the telephone company telecommunications pro-
 20    vider required to remit the same shall be entitled to deduct and retain three-
 21    fourths of one percent (.751%) of the collected amount as the cost of adminis-
 22    tration for collecting the charge. Local exchange companies Telecommunications
 23    providers will be allowed to list the surcharge as  a  separate  item  on  the
 24    telephone  subscriber's  bill,  and shall have no obligation to take any legal
 25    action to enforce the collection of any charge, nor be held  liable  for  such
 26    uncollected amounts.
 27        (5)  Use  of  fees.  The  emergency  communications fee provided hereunder
 28    shall be used only to pay for the lease, purchase or maintenance of  emergency
 29    communications  equipment  for  basic and enhanced consolidated emergency sys-
 30    tems, including necessary computer hardware, software, database  provisioning,
 31    training,  salaries  directly  related  to such systems, costs of establishing
 32    such  systems,  and  agreed-to  reimbursement  costs   of   telecommunications
 33    providers  related  to  the  operation of such systems. All other expenditures
 34    necessary to operate such systems and other normal and necessary safety or law
 35    enforcement functions  including,  but  not  limited  to,  those  expenditures
 36    related to overhead, staffing, administrative and other day to day operational
 37    expenditures,  shall  continue  to  be paid through the general funding of the
 38    respective governing boards.
                                                                        
 39        SECTION 5.  That Chapter 48, Title 31, Idaho Code, be,  and  the  same  is
 40    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 41    ignated as Section 31-4804A, Idaho Code, and to read as follows:
                                                                        
 42        31-4804A.  ESTABLISHMENT OF ENHANCED CONSOLIDATED EMERGENCY COMMUNICATIONS
 43    SYSTEMS. (1)  Any county or 911 service area that has established a basic con-
 44    solidated emergency system may establish an  enhanced  consolidated  emergency
 45    system  by  action  of the governing board of the basic consolidated emergency
 46    system.
 47        (2)  The governing boards  establishing  enhanced  consolidated  emergency
 48    systems shall request that wireless carriers serving such counties or 911 ser-
 49    vice  areas collectively implement an enhanced consolidated emergency communi-
 50    cations system within a reasonable time. When so requested, all wireless  car-
 51    riers  serving  such  counties  or 911 service areas  shall implement enhanced
 52    consolidated emergency communications systems within a  reasonable  time.  The
 53    governing boards and wireless carriers shall enter into agreements that:
                                                                        
                                           6
                                                                        
  1        (a)  Establish the scope and purpose of the proposed enhanced consolidated
  2        emergency communications system.
  3        (b)  Provide  for  an  agreed-to level of reimbursement for telecommunica-
  4        tions providers for the costs of wireless carriers  resulting  from  their
  5        implementation  and operation of enhanced emergency communications systems
  6        that may include the acquisition,  construction,  financing,  installation
  7        and  operation of all equipment and facilities necessary to implement such
  8        enhanced systems.
  9        (c)  Provide that the agreed-to level of reimbursement for  telecommunica-
 10        tions  providers  for  enhanced  911  service  may  include  the costs and
 11        expenses incurred for designing, upgrading, purchasing, leasing,  program-
 12        ming, installing, testing, or maintaining all necessary data, hardware and
 13        software  required  in order to provide such service as well as the recur-
 14        ring and nonrecurring costs of  operating  such  service.  All  costs  and
 15        expenses must be commercially reasonable.
 16        (d)  Provide  that reimbursement to a telecommunications provider shall be
 17        nondiscriminatory and be made available to  all  other  telecommunications
 18        providers.
 19    Agreements  shall  provide  for  prompt reimbursement on invoices submitted by
 20    wireless carriers to the governing board.
                                                                        
 21        SECTION 6.  That Section 31-4805, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        31-4805.  ESTABLISHMENT  OF  JOINT POWERS BOARD FOR OPERATION OF EMERGENCY
 24    COMMUNICATIONS SERVICE. Within one hundred eighty (180) days  following  voter
 25    approval  of a telephone line user an emergency communications fee as provided
 26    in section 31-4803, Idaho Code, a governing  board  or  administrator  may  be
 27    established  under  a  joint  powers  agreement  pursuant  to sections 67-2326
 28    through 67-2332, Idaho Code.  Such joint powers board or  administrator  shall
 29    be responsible for establishing, maintaining, operating, enhancing and govern-
 30    ing  a  consolidated  emergency  communications system. Providing an emergency
 31    communications service shall be considered a governmental function.
                                                                        
 32        SECTION 7.  That Section 31-4806, Idaho Code, be, and the same  is  hereby
 33    amended to read as follows:
                                                                        
 34        31-4806.  AUTHORIZATION  FOR GOVERNING BOARD TO APPOINT OFFICIAL TO SUPER-
 35    VISE EMERGENCY COMMUNICATIONS SERVICE IN THE ABSENCE OF  JOINT  POWERS  AGREE-
 36    MENT. Whenever the electors approve imposing the telephone line user emergency
 37    communications  fee  as  provided  in  this  chapter, but in the absence of an
 38    agreement to form a joint powers board or administrator as  provided  in  this
 39    chapter,  the  governing  board is hereby authorized to appoint an official or
 40    administrator to maintain, operate, enhance and govern  a  consolidated  emer-
 41    gency communications system.
                                                                        
 42        SECTION  8.  That  Section 31-4812, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        31-4812.  IMMUNITY AND CONDITIONS OF LIABILITY IN PROVIDING EMERGENCY COM-
 45    MUNICATIONS SERVICE. In order to further the purposes of this chapter, and  to
 46    encourage  the  development  of consolidated emergency communications systems,
 47    the legislature finds that telephone  companies  providing  telecommunications
 48    providers  making  available consolidated emergency communications systems and
 49    related services shall not be subject to liability in conjunction with provid-
                                                                        
                                           7
                                                                        
  1    ing such services except on the terms stated below.
  2        (1)  No telephone company or telecommunications provider shall  be  liable
  3    to  any  person  for the good faith release to emergency communications system
  4    personnel of information not in the public record including, but  not  limited
  5    to, nonpublished or nonlisted telephone numbers.
  6        (2)  A local exchange telephone company or other telecommunications entity
  7    providing  provider  making available emergency communications systems or ser-
  8    vices, and its employees and agents, shall not be liable in tort to any person
  9    for damages alleged to have been caused by the design, development,  installa-
 10    tion,  maintenance  or provision of consolidated emergency communications sys-
 11    tems or services, unless such entities or persons act with malice or  criminal
 12    intent, or commit reckless, willful and wanton conduct.
 13        (3)  For  the purposes of this section, "reckless, willful and wanton con-
 14    duct" is defined as an intentional and knowing action, or failure to act, cre-
 15    ating an unreasonable risk of harm to  another,  and  which  involves  a  high
 16    degree of probability that such harm will result.
                                                                        
 17        SECTION  9.  That  Chapter  48,  Title 31, Idaho Code, be, and the same is
 18    hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
 19    nated as Sections 31-4813 and 31-4814, Idaho Code, and to read as follows:
                                                                        
 20        31-4813.  PREPAID CALLING CARDS.  The imposition of the emergency communi-
 21    cations fee shall not apply to the prepaid calling  cards  for  all  forms  of
 22    access fees.
                                                                        
 23        31-4814.  CONFIDENTIAL AND PROPRIETARY DATA. All data submitted to govern-
 24    ing  boards  by  wireless carriers deemed by such carriers as confidential and
 25    proprietary shall be deemed to be trade secrets pursuant to chapter  3,  title
 26    9, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13151C1

The purpose of this bill is to impose the same requirements
currently imposed by state law on land line telephone companies
to wireless carriers pertaining to a local option fee of no more
than $1.00 a month which is used by the county for 911 emergency
communication services.  The bill also requires auditing and
reporting by 911 governing boards beyond that in current law. 
The bill further requires that a joint task force made up of
public safety providers, governments and telecommunications
carriers study the Emergency Communications Act regarding
governance and statewide application and report to the
legislature in 2004.  The bill also eliminates and replaces
obsolete language in the current law, exempts prepaid calling
cards from the fee and ensures confidentiality to proprietary
data.
                          FISCAL IMPACT

Because the state of Idaho is not subject to the imposition of
fees such as the one currently in state law under the sections
pertaining to 911 emergency communications, there is no fiscal
impact to the general fund as a result of this bill.  It is
expected that revenues to the various counties and consolidated
emergency 911 systems that have imposed the fee upon a vote of
the people within the county or system will be between $5 million
and $6 million.












Contact
Name: Michael J. Kane
      Idaho Sheriffs Association 
Phone: 208/342-4545




STATEMENT OF PURPOSE/FISCAL NOTE                 H 363