View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1514......................................................by STATE AFFAIRS EMERGENCY COMMUNICATIONS - Adds to and amends existing law to bring "radio access lines" (cell phones, mobile phones and emerging communications technology) into the Emergency Communications Act; to provide that revenues from inclusion of radio access lines will be available for counties without 911 or E911 service to purchase necessary equipment; and to require that counties must develop a plan for a consolidated system and, in order to obtain funding, the citizens of the county must be willing to provide ongoing funding for equipment and maintenance costs. 02/24 Senate intro - 1st rdg - to printing 02/25 Rpt prt - to St Aff
S1514|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1514 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO EMERGENCY COMMUNICATIONS; AMENDING SECTION 31-4802, IDAHO CODE, TO 3 REVISE DEFINITIONS; AMENDING SECTION 31-4803, IDAHO CODE, TO PROVIDE REF- 4 ERENCE TO THE ADVISORY COMMITTEE AND TO MAKE TECHNICAL CORRECTIONS; AMEND- 5 ING CHAPTER 48, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 6 31-4807, IDAHO CODE, TO PROVIDE FOR ADVISORY COMMITTEES REGARDING CONSOLI- 7 DATED EMERGENCY COMMUNICATIONS SYSTEMS; AMENDING SECTIONS 31-4807 AND 8 31-4808, IDAHO CODE, TO REDESIGNATE THE SECTIONS AND TO MAKE TECHNICAL 9 CORRECTIONS; AMENDING SECTION 31-4809, IDAHO CODE, TO REDESIGNATE THE SEC- 10 TION AND TO PROVIDE FOR DEPOSIT OF FUNDS RECEIVED PURSUANT TO THE RADIO 11 ACCESS LINE USER FEE; AMENDING SECTIONS 31-4810 AND 31-4811, IDAHO CODE, 12 TO REDESIGNATE THE SECTIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 13 SECTION 31-4812, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE FOR 14 IMMUNITY FOR RADIO ACCESS LINE ENTITIES; AMENDING CHAPTER 48, TITLE 31, 15 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-4814, IDAHO CODE, TO PRO- 16 VIDE A RADIO ACCESS LINE USER FEE; AMENDING CHAPTER 48, TITLE 31, IDAHO 17 CODE, BY THE ADDITION OF A NEW SECTION 31-4815, IDAHO CODE, TO CREATE THE 18 STATE 911 FUND; AMENDING CHAPTER 48, TITLE 31, IDAHO CODE, BY THE ADDITION 19 OF A NEW SECTION 31-4816, IDAHO CODE, TO CREATE THE 911 FUNDING COMMITTEE 20 AND TO PROVIDE FOR MEMBERSHIP AND DUTIES; AMENDING CHAPTER 48, TITLE 31, 21 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-4817, IDAHO CODE, TO PRO- 22 VIDE FOR A STATE 911 COORDINATOR; AND AMENDING CHAPTER 48, TITLE 31, IDAHO 23 CODE, BY THE ADDITION OF A NEW SECTION 31-4818, IDAHO CODE, TO PROVIDE FOR 24 ALLOCATION OF FUNDS BY THE STATE 911 COMMITTEE. 25 Be It Enacted by the Legislature of the State of Idaho: 26 SECTION 1. That Section 31-4802, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 31-4802. DEFINITIONS. As used in this chapter: 29 (1) "Administrator" means the person, officer or agency designated to 30 operate a consolidated emergency communication system, and to receive funds 31 for such an operation. 32 (2) "Advisory committee" means a representative sample of the users 33 of a consolidated emergency communication system that reports to the governing 34 board. 35 (3) "Consolidated emergency communications system" means facili- 36 ties, equipment and dispatching services directly related to establishing, 37 maintaining, or enhancing a 911 emergency communications service , and 38 shall not include dispatcher salaries; nor shall it include facilities, vehi- 39 cles, personnel or equipment used for law enforcement and/or public safety 40 purposes which are not essential for the provision of emergency communica- 41 tions. 42 (4) "Emergency communication" means any dispatched call requiring the 43 response of sheriff, police, fire or emergency medical services to a location, 2 1 or any communication between the dispatcher and responder regarding status 2 . 3 (35 ) "Governing board" means the joint powers 4 board, if the 911 service area is a multicounty area, or the board of county 5 commissioners of the county or the city council if the 911 service area is a 6 city, or both the board of county commissioners and the city council if the 7 911 service area includes both city and county residents but not the entire 8 county. 9 (6) (a) "Radio access line" means the telephone number assigned to 10 or used by an end user for two-way local wireless voice services available 11 to the public for hire from a radio communications service company. 12 (b) "Radio access line" includes, but is not limited to: 13 (i) Any radio telephone communications line used in cellular tele- 14 phone service, enhanced mobile radio service, or personal communica- 15 tions services; and 16 (ii) Any network radio access line, or its functional and competi- 17 tive equivalent. 18 (c) "Radio access line" does not include: 19 (i) Any line that provides access to one-way signaling service, 20 such as paging service; 21 (ii) A communications channel suitable only for data transmission; 22 (iii) Nonlocal radio access line service, such as wireless roaming 23 service; 24 (iv) Any private telecommunications system; or 25 (v) Any service which cannot access a consolidated emergency commu- 26 nication system. 27 (7) "State 911 coordinator" means the director of the department of 28 administration. 29 (8) "Telephone line" means the exchange access line or any other access 30 line which allows connection to the telecommunications network, or its equiva- 31 lent, which could terminate in a consolidated emergency communications system 32 with the exception of those defined as a "radio access line." 33 (9) "911 funding committee" means the nine (9) members that are listed 34 in section 31-4816, Idaho Code. 35 (410 ) "911 service area" means a regional, mul- 36 ticounty, county or area other than a whole county in which area the residents 37 have voted to establish a consolidated emergency communications system. 38 SECTION 2. That Section 31-4803, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 31-4803. AUTHORITY TO ESTABLISH AND FOR VOTERS TO APPROVE FUNDING FOR A 41 CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEM. (1) The board of commissioners 42 of any county may establish a consolidated emergency communications system by 43 virtue of authority granted by this chapter or by chapter 23, title 67, Idaho 44 Code. The service area may be regional, multicounty,county-wide45 countywide , or any part or parts of the county, and may include 46 or exclude a city or cities. If the board of county commissioners has adopted 47 a resolution stating that the county is unable to establish acounty-48widecountywide consolidated emergency communications sys- 49 tem, or if the voters reject acounty-widecountywide 50 consolidated 911 system, then a 911 service area may be established by 51 action of any city or cities within the county. The service area shall be 52 described in the ordinance of creation. The ordinance shall further provide 53 for an election on the question as provided in subsection (2) of this section. 3 1 The ordinance of creation shall define the governing board and advisory 2 committee , designate the administrator, and the agency to service the 3 911 calls. The costs of the election ordered by the county shall be a proper 4 charge against the county current expense fund. The costs of the election for 5 a 911 service area shall be a proper charge against the city or cities initi- 6 ating the election. 7 (2) The voters of any county or 911 service area may authorize funding to 8 support implementation of a consolidated emergency communication system pursu- 9 ant to the provisions of this chapter. The authorization to provide such fund- 10 ing must be made by the registered voters of the county or of the 911 service 11 area at either a primary or general election. A notice for any election shall 12 be published for twenty (20) days as required by section 60-109, Idaho Code. A 13 sixty percent (60%) majority of the votes cast in favor of the question shall 14 be necessary to authorize the telephone line user fee. 15 (3) If a 911 system is to be financed in whole or in part by a telephone 16 line user fee, the governing board shall submit the question to the electors 17 of the county or 911 service area in substantially the following form: 18 "Shall the governing board of ............ be authorized to institute 19 a telephone line user fee in an amount no greater than one dollar 20 ($l.00) per month to be used to fund an emergency telephone system, 21 commonly known as 911 service?" 22 (4) No telephone line user fee for a consolidated emergency communication 23 system shall be charged without voter approval as provided in subsection (2) 24 of this section. 25 (5) Any net savings in operating expenditures realized by any taxing dis- 26 trict utilizing a consolidated emergency communication system shall be used by 27 that taxing district for a reduction in the ad valorem tax charges of that 28 taxing district. 29 SECTION 3. That Chapter 48, Title 31, Idaho Code, be, and the same is 30 hereby amended by the addition thereto of a NEW SECTION , to be 31 known and designated as Section 31-4807, Idaho Code, and to read as follows: 32 31-4807. ADVISORY COMMITTEES. (1) All consolidated emergency communica- 33 tions systems funded under the provisions of this chapter shall maintain an 34 advisory committee to render nonbinding recommendations to the governing board 35 with respect to emergency communication system enhancements, vendor selec- 36 tions, vendor dismissals, and vendor performance for all chapter 48, title 31, 37 Idaho Code, funding. Such recommendations shall also include short and long- 38 range planning, budgeting, and prioritization of system enhancements. Such 39 board shall also review proposals for all local and state ordinances and laws 40 which impact consolidated emergency communications. 41 (2) Members of the advisory committee shall be appointed by the governing 42 board and shall include a member of the public and a representative sample of 43 public safety agencies utilizing the consolidated emergency communications 44 system. 45 SECTION 4. That Section 31-4807, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 31-48078 . RIGHT TO FEE NOT AFFECTED BY 48 NONSERVICE. All governmental entities within the county that have an already 49 established emergency communications system using 911 call access, upon reso- 50 lution duly adopted and approved and presented to the joint powers board or in 51 their absence to the board of county commissioners, may ask that their exist- 4 1 ing emergency communication system area be excluded and such area shall be 2 excluded from thecounty-widecountywide emergency 3 communications service but such exclusion shall not affect the right of the 4 board of county commissioners to levy the fees as herein provided. No city or 5 other agency shall establish an individual emergency communication system once 6 acounty-widecountywide system as provided in this 7 chapter has been adopted by the board of county commissioners. Whenever an 8 area is excluded pursuant to this section, the board of county commissioners 9 shall remit to the excluded entity one hundred percent (100%) of the fees col- 10 lected in the excluded area as provided pursuant to this chapter. Any area 11 excluded pursuant to this section may be subsequently included upon resolution 12 duly adopted and approved and presented to the joint powers board or, in their 13 absence, to the board of county commissioners. 14 SECTION 5. That Section 31-4808, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 31-48089 . TERMINATION. (1) Any county or joint 17 powers board having adopted and established an emergency communications system 18 as provided in this chapter may terminate the same for good cause. 19 (2) If, after the formation of any 911 service area of less than20county-widecountywide extent, the voters of the county 21 approve 911 service for the entire county, the newly formedcounty-wide22countywide 911 service area shall assume all of the assets 23 and liabilities of all 911 service areas existing in that county at the time 24 of formation of thecounty-widecountywide system. 25 Existing 911 service areas shall have two (2) years from the date of the26county-widecountywide election to merge into the27county-widecountywide consolidated emergency communica- 28 tions system. 29 SECTION 6. That Section 31-4809, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 31-480910 . FUND AND APPROPRIATIONS. The county 32 treasurer of each county or the administrator for a 911 service area in which 33 an emergency communications system has been established pursuant to this chap- 34 ter shall establish a fund to be designated the emergency communications fund 35 in which all fees collected pursuant to this chapter shall be deposited , 36 including those funds received pursuant to the radio access line user fee, 37 and such fund shall be used exclusively for the purposes of this chap- 38 ter. The moneys collected and the interest earned in this fund shall be appro- 39 priated by the county commissioners, or governing board, for expenses incurred 40 by the emergency communications system as set forth in an annual budget pre- 41 pared by the joint powers board, or in their absence, the county commissioners 42 and incorporated into the annual county budget. 43 SECTION 7. That Section 31-4810, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 31-48101 . EXISTING JOINTCOUNTY-WIDE46COUNTYWIDE EMERGENCY DISPATCH SYSTEMS NOT AFFECTED. Joint 47county-widecountywide emergency dispatch systems 48 that are in existence prior to July 1, 1987, shall not be affected by the pro- 49 visions of this chapter. These emergency dispatch systems may continue to 5 1 function as they have and shall be eligible to receive revenues generated by 2 this chapter. 3 SECTION 8. That Section 31-4811, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 31-48112 . PAY PHONES TO BE CONVERTED TO ALLOW 6 EMERGENCY CALLS WITHOUT CHARGE. Every provider of telephone service or other 7 owner of a pay station telephone in an area served by an emergency telephone 8 system established pursuant to this chapter must convert every pay station 9 telephone to permit dialing 911 or the telephone company operator without 10 deposit of a coin or other charge to the caller. Conversion must be completed 11 by or before the time the emergency telephone system is operational. If modi- 12 fication of telephone service switching equipment is necessary to implement 13 the provisions of this section, such modification shall be considered a cost 14 of the emergency communications program and the provider of telephone service 15 shall be compensated from the user fees authorized for this chapter upon 16 application to the county, providing that such costs are approved by the pub- 17 lic utilities commission. 18 SECTION 9. That Section 31-4812, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 31-48123 . IMMUNITY AND CONDITIONS OF LIABILITY 21 IN PROVIDING EMERGENCY COMMUNICATIONS SERVICE. In order to further the pur- 22 poses of this chapter, and to encourage the development of consolidated emer- 23 gency communications systems, the legislature finds that telephone and 24 radio access line companies providing consolidated emergency communica- 25 tions systems and related services shall not be subject to liability in con- 26 junction with providing such services except on the terms stated below. 27 (1) No telephone company ,ortelecommunications 28 provider , or radio access line provider shall be liable to any 29 person for the good faith release to emergency communications system personnel 30 of information not in the public record including, but not limited to, 31 nonpublished or nonlisted telephone numbers. 32 (2) A local exchange telephone company ,or33 other telecommunications or radio access line entity providing 34 emergency communications systems or services, and its employees and agents, 35 shall not be liable in tort to any person for damages alleged to have been 36 caused by the design, development, installation, maintenance or provision of 37 consolidated emergency communications systems or services, unless such enti- 38 ties or persons act with malice or criminal intent, or commit reckless, will- 39 ful and wanton conduct. 40 (3) For the purposes of this section, "reckless, willful and wanton con- 41 duct" is defined as an intentional and knowing action, or failure to act, cre- 42 ating an unreasonable risk of harm to another, and which involves a high 43 degree of probability that such harm will result. 44 SECTION 10. That Chapter 48, Title 31, Idaho Code, be, and the same is 45 hereby amended by the addition thereto of a NEW SECTION , to be 46 known and designated as Section 31-4814, Idaho Code, and to read as follows: 47 31-4814. RADIO ACCESS LINE USER FEE. There is hereby imposed a radio 48 access line user fee at the rate which has been established for each basic 49 local exchange access line by the governing authority. If the governing 6 1 authority has not established a fee, the rate shall be one dollar ($1.00) per 2 month. The radio access line user fee shall be collected on a monthly basis at 3 the rate in effect at the end user's billing address by the radio or telecom- 4 munications service company providing the radio access line to the end users 5 within Idaho. The amount of the fee may be stated separately on the billing 6 statement which is sent to the user. From every remittance to the state 911 7 fund made on or before the date when the same becomes due, the radio or tele- 8 communications company required to remit the same shall be entitled to deduct 9 and retain three-fourths of one percent (.75%) of the collected amount as the 10 cost of administration for collecting the charge. Such company shall have no 11 obligation to take any legal action to enforce the collection of any charge, 12 nor be held liable for such uncollected amounts. 13 SECTION 11. That Chapter 48, Title 31, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION , to be 15 known and designated as Section 31-4815, Idaho Code, and to read as follows: 16 31-4815. STATE 911 FUND. (1) The state 911 fund is created in the state 17 treasury and shall be separate and distinct from the general fund. The 18 receipts from the radio access line user fee shall be deposited into the fund 19 no later than sixty (60) days after the close of the month. All earnings on 20 investment of moneys in the fund shall accrue to that fund. 21 (2) The Idaho state treasurer shall distribute fifty percent (50%) of the 22 money in the 911 fund on a quarterly basis. 23 (a) The money shall be disbursed on a per capita basis to those counties 24 or 911 service areas whose electors have approved a fee to support a con- 25 solidated emergency communication system. The money shall be disbursed to 26 the fund established in section 31-4810, Idaho Code. Such money shall be 27 expended only for the purposes of the consolidated emergency communica- 28 tions system as defined in section 31-4802(3), Idaho Code. 29 (b) Any county or multicounty system that has more than one (1) dispatch 30 center for the dispatching of sheriff, police, fire, and emergency medical 31 services (EMS) on October 1, 2003, will no longer receive fees from wire- 32 less communication. Emergency backup systems for the one (1) dispatch cen- 33 ter are excluded. 34 (3) Fifty percent (50%) of the funds in the state 911 fund shall be dis- 35 bursed by the 911 funding committee in order to finance consolidated emergency 36 communication systems according to the requirements outlined in section 37 31-4818, Idaho Code. 38 (4) As technology advances and all counties have access to an enhanced 39 911 system, the issue of the need for the continued funding of a state 911 40 fund will be revisited. 41 SECTION 12. That Chapter 48, Title 31, Idaho Code, be, and the same is 42 hereby amended by the addition thereto of a NEW SECTION , to be 43 known and designated as Section 31-4816, Idaho Code, and to read as follows: 44 31-4816. 911 FUNDING COMMITTEE. (1) The 911 funding committee is hereby 45 created and shall be composed of a representative from a telephone line com- 46 pany, a radio access line service company, a sheriff, an emergency medical 47 services provider or administrator, a county representative, a city represen- 48 tative, a representative of fire service, and a representative from the public 49 utilities commission. The director of the department of administration or his 50 designee shall also serve on the committee and shall act as the chairman of 51 the committee. 7 1 (a) The representative from the telephone line company, the county repre- 2 sentative, the city representative, and the emergency medical services 3 provider or administrator shall be appointed for one (1) year; the repre- 4 sentative from a radio access line service company, the sheriff, the rep- 5 resentative of fire service, and the representative from the public utili- 6 ties commission shall be appointed for two (2) years, dating from the 7 effective date of this act. Thereafter, all appointments of the members 8 shall be for terms of two (2) years. All members shall be appointed by the 9 governor. 10 (b) Every three (3) years the funding committee will provide a report to 11 the legislature concerning the advancements, expenditures and future plans 12 of the funding committee. 13 SECTION 13. That Chapter 48, Title 31, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION , to be 15 known and designated as Section 31-4817, Idaho Code, and to read as follows: 16 31-4817. STATE 911 COORDINATOR. (1) The state 911 coordinator shall be 17 the director of the department of administration or the director's designee. 18 (2) The state 911 coordinator shall distribute those fees used for the 19 initiation, maintenance and enhancement of consolidated emergency communica- 20 tion systems after the 911 funding committee has approved distribution. 21 (3) The state 911 coordinator shall be the liaison between the funding 22 committee and the counties or multicounty areas. 23 (4) The state 911 coordinator may contract with individuals or organiza- 24 tions to review the technical aspects of grant proposals for 911 as provided 25 in section 31-4818, Idaho Code. 26 SECTION 14. That Chapter 48, Title 31, Idaho Code, be, and the same is 27 hereby amended by the addition thereto of a NEW SECTION , to be 28 known and designated as Section 31-4818, Idaho Code, and to read as follows: 29 31-4818. ALLOCATION OF FUNDS. (1) Any county or multicounty area seeking 30 state funds for the purposes set forth in section 31-4804, Idaho Code, must 31 submit a plan to the state 911 funding committee. The plan shall detail how 32 the county or multicounty area will implement 911 in the most efficient and 33 effective manner and shall include a proposed implementation schedule and 34 estimate of required fund resources. The documents shall be submitted on forms 35 developed by the 911 funding committee. Funds shall not be allocated to coun- 36 ties or multicounty areas that will have more than one (1) dispatch center for 37 the dispatching of police, fire and EMS services. 38 (2) Prior to the allocation of funds to a county or multicounty area for 39 a consolidated emergency communication system, the voters of said county or 40 multicounty area must vote affirmatively according to the procedures in sec- 41 tion 31-4803, Idaho Code, and the governing body must impose the fee. 42 (3) Funds will be distributed based on the decisions of the state 911 43 funding committee. The state 911 funding committee will consider the following 44 factors in making a decision: 45 (a) The nature of existing and planned services in a county or multi- 46 county area; 47 (b) Funds for consolidated emergency communication systems will generally 48 be allocated first to a county or multicounty area without 911, then to a 49 county or multicounty area which has some 911 capabilities.
STATEMENT OF PURPOSE
RS 07851C1
In 1988, the legislature recognized that providing consolidated emergency communications systems
was vital to the welfare of Idaho's citizens and its emerging tourism industry. However, some rural counties,
without a sufficient population base, have been unable to provide such a service. Rural counties are in need
of such a service because of hazardous occupations and the long travel distances to assistance in rural
counties.
This legislation addresses providing enhanced emergency communications systems to all of Idaho's
citizens and its visitors by bringing "radio access lines" (cell phones, mobile phones and emerging
communication technology) into the emergency communications act.
The legislation provides that half of the revenue from inclusion of radio access lines will be available
for counties without 911 or E-911 to purchase necessary equipment. In order to obtain the funding,
counties must develop a reasonable plan for a consolidated system and the citizens of the county must be
willing to provide ongoing funding for equipment and maintenance costs.
In addition, the legislation provides for a 911 funding committee composed of local officials,
emergency service representatives, telecommunications representatives and the Director of the Department
of Administration who will provide statewide coordination and technical assistance in local emergency
communications.
FISCAL IMPACT
The PUC does not regulate radio access lines, thus does not know how many access lines are in use.
The telecommunications companies are reluctant to provide exact numbers (because of market share
considerations), but did provide a conservative estimate of 125,000 cell phones by the year 2000. Using
their estimate, the revenue generated by the year 2000 should be $1,320,000 a year.
Contact: Monte MacConnell, 377-6703
Frank Walker, 364-2333
STATEMENT OF PURPOSE/FISCAL IMPACT
S 1514