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S1507......................................................by STATE AFFAIRS EMERGENCY COMMUNICATIONS - Amends and adds to the Emergency Communications Act to allow cities to operate their own emergency or nonemergency communications system originally or by separation from an existing consolidated county emergency communication system and to provide for an election on separation and fees to the provider of the service. 02/19 Senate intro - 1st rdg - to printing 02/20 Rpt prt - to St Aff
S1507|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1507 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEMS; AMENDING SECTION 3 31-4801, IDAHO CODE, TO PROVIDE A STATEMENT OF PURPOSE AND FINDINGS OF THE 4 LEGISLATURE; AMENDING SECTION 31-4802, IDAHO CODE, TO PROVIDE DEFINITIONS; 5 AMENDING SECTION 31-4803, IDAHO CODE, TO PROVIDE THAT CITIES WITHIN EXIST- 6 ING CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEM AREAS MAY SEPARATE FROM 7 THE CONSOLIDATED SERVICE AREA AND OPERATE THEIR OWN 911 AND/OR 8 NONEMERGENCY COMMUNICATIONS SYSTEM AND TO MAKE TECHNICAL CORRECTIONS; 9 AMENDING CHAPTER 48, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 10 TION 31-4803A, IDAHO CODE, TO PROVIDE THAT INCORPORATED CITIES MAY SEPA- 11 RATE FROM EXISTING CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEMS AND OPER- 12 ATE THEIR OWN CITYWIDE 911 AND/OR NONEMERGENCY COMMUNICATIONS SYSTEM, TO 13 PROVIDE FOR AUTHORIZATION UPON VOTE OF THE CITY COUNCIL, TO PROVIDE FOR AN 14 ELECTION ON THE QUESTION, TO PROVIDE FOR AN ELECTION REGARDING FEES, TO 15 REQUIRE COORDINATION WITH EXISTING CONSOLIDATED COMMUNICATIONS SYSTEMS AND 16 TO PROVIDE FOR ARBITRATION; AMENDING SECTION 31-4804, IDAHO CODE, TO PRO- 17 VIDE FOR PAYMENT OF FEES COLLECTED WITHIN A SEPARATED CITYWIDE 911 SERVICE 18 AREA TO THE CITY; AMENDING SECTION 31-4805, IDAHO CODE, TO PROVIDE FOR 19 OPERATION OF A JOINT POWERS BOARD; AMENDING SECTION 31-4806, IDAHO CODE, 20 TO PROVIDE AUTHORIZATION FOR APPOINTMENT OF AN OFFICIAL TO SUPERVISE COM- 21 MUNICATIONS IN ABSENCE OF A JOINT POWERS AGREEMENT; AMENDING SECTION 22 31-4807, IDAHO CODE, TO DELETE A PROHIBITION AGAINST CITIES ESTABLISHING 23 AN INDIVIDUAL EMERGENCY COMMUNICATION SYSTEM ONCE A COUNTYWIDE SYSTEM IS 24 ADOPTED AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 31-4808, 25 IDAHO CODE, TO PROVIDE FOR TERMINATION OR SEPARATION BY A CITY AND TO MAKE 26 TECHNICAL CORRECTIONS; AMENDING SECTION 31-4811, IDAHO CODE, TO PROVIDE 27 FOR CONVERSION OF PAY PHONES; AMENDING SECTION 31-4812, IDAHO CODE, TO 28 PROVIDE IMMUNITY AND CONDITIONS OF LIABILITY IN PROVIDING EMERGENCY AND 29 NONEMERGENCY COMMUNICATIONS SERVICE; AND DECLARING AN EMERGENCY. 30 Be It Enacted by the Legislature of the State of Idaho: 31 SECTION 1. That Section 31-4801, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 31-4801. PURPOSE -- LEGISLATIVE FINDINGS . The legislature 34 recognizes that providing consolidated emergency communications systems is 35 vital in enhancing the public health, safety, and welfare of the residents of 36 the state of Idaho. The legislaturefurtherfinds that there is 37 an obvious need for providing a means to finance the initiation, maintenance, 38 and enhancement of consolidated emergency communications systems. Fur- 39 ther, the legislature finds that population increases and other demands may 40 create the need to allow incorporated cities that are part of an existing con- 41 solidated emergency communications system to separate their emergency or 42 nonemergency communications systems from the consolidated services to best 43 serve their citizens. This act is intended to provide a mechanism for both 2 1 consolidation of emergency communications systems and separation of previously 2 consolidated emergency communications systems. 3 SECTION 2. That Section 31-4802, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 31-4802. DEFINITIONS. As used in this chapter: 6 (1) "Administrator" means the person, officer or agency designated to 7 operate a consolidated emergency communication system, and to receive funds 8 for such an operation. 9 (2) "Consolidated emergency communications system" means facilities, 10 equipment and dispatching services directly related to establishing, maintain- 11 ing, or enhancing a 911 emergency communications service. 12 (3) "Governing board" means the joint powers board, if the 911 service 13 area is a multicounty area, or the board of county commissioners of the county 14 or the city council if the 911 service area is a city, or both the board of 15 county commissioners and the city council if the 911 service area includes 16 both city and county residents but not the entire county , or the city 17 council if the 911 or nonemergency service area is citywide . 18 (4) "Nonemergency communications system" means facilities, equip- 19 ment and dispatching services directly related to establishing, maintaining, 20 or enhancing a communications service with police, fire, rescue and public 21 safety agencies of a city, county or the state of Idaho, separate from, but 22 coordinated with, a 911 emergency communications system. 23 (45 ) "911 service area" means a regional, mul- 24 ticounty, county or area other than a whole county in which area the residents 25 have voted to establish a consolidated emergency communications system. 26 SECTION 3. That Section 31-4803, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 31-4803. AUTHORITY TO ESTABLISH AND FOR VOTERS TO APPROVE FUNDING FOR A 29 CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEM. (1) The board of commissioners 30 of any county may establish a consolidated emergency communications system by 31 virtue of authority granted by this chapter or by chapter 23, title 67, Idaho 32 Code. The service area may be regional, multicounty,county-wide33 countywide , or any part or parts of the county, and may include 34 or exclude a city or cities. If the board of county commissioners has adopted 35 a resolution stating that the county is unable to establish acounty-36widecountywide consolidated emergency communications sys- 37 tem, or if the voters reject acounty-widecountywide 38 consolidated 911 system, then a 911 service area may be established by 39 action of any city or cities within the county. Cities within an exist- 40 ing consolidated emergency communication system area may separate and provide 41 their own citywide emergency and/or citywide nonemergency communication system 42 pursuant to this chapter. The service area shall be described in the 43 ordinance of creation. The ordinance shall further provide for an election on 44 the question as provided in subsection (2) of this section. The ordinance of 45 creation shall define the governing board, designate the administrator, and 46 the agency to service the 911 calls. The costs of the election ordered by the 47 county shall be a proper charge against the county current expense fund. The 48 costs of the election for a 911 service area shall be a proper charge against 49 the city or cities initiating the election. 50 (2) The voters of any county or 911 service area may authorize funding to 51 support implementation of a consolidated emergency communication system pursu- 3 1 ant to the provisions of this chapter. The authorization to provide such fund- 2 ing must be made by the registered voters of the county or of the 911 service 3 area at either a primary or general election. A notice for any election shall 4 be published for twenty (20) days as required by section 60-109, Idaho Code. A 5 sixty percent (60%) majority of the votes cast in favor of the question shall 6 be necessary to authorize the telephone line user fee. 7 (3) If a 911 system is to be financed in whole or in part by a telephone 8 line user fee, the governing board shall submit the question to the electors 9 of the county or 911 service area in substantially the following form: 10 "Shall the governing board of ............ be authorized to institute 11 a telephone line user fee in an amount no greater than one dollar 12 ($l.00) per month to be used to fund an emergency telephone system, 13 commonly known as 911 service?" 14 (4) No telephone line user fee for a consolidated emergency communication 15 system shall be charged without voter approval as provided in subsection (2) 16 of this section. 17 (5) Any net savings in operating expenditures realized by any taxing dis- 18 trict utilizing a consolidated emergency communication system shall be used by 19 that taxing district for a reduction in the ad valorem tax charges of that 20 taxing district. 21 SECTION 4. That Chapter 48, Title 31, Idaho Code, be, and the same is 22 hereby amended by the addition thereto of a NEW SECTION , to be 23 known and designated as Section 31-4803A, Idaho Code, and to read as follows: 24 31-4803A. POSTCONSOLIDATION SEPARATION OF CITYWIDE 911 OR CITYWIDE 25 NONEMERGENCY COMMUNICATION SERVICES. (1) The city council of any incorporated 26 city may, upon majority vote of the council, elect to withdraw from a consoli- 27 dated emergency communications system and, by virtue of authority granted by 28 this chapter or by chapter 23, title 67, Idaho Code, operate its own citywide 29 911 and/or citywide nonemergency communication service. The service area shall 30 be described in the city ordinance of creation. 31 (2) The ordinance of creation shall define the governing board, designate 32 the administrator, and the agency to service the 911 or nonemergency calls. 33 The ordinance shall further provide for an election on the question. A notice 34 for any election shall be published for twenty (20) days as required by sec- 35 tion 60-109, Idaho Code. A sixty percent (60%) majority of the votes cast in 36 favor of the question shall be necessary to authorize the separation. 37 (3) An election held to determine the separation of a citywide 911 ser- 38 vice area shall also present the question, when appropriate, of whether the 39 telephone user fee then being paid to the existing consolidated emergency com- 40 munication system by the voters to be served by the proposed separated 41 citywide 911 service area, shall be paid to the citywide 911 service area. A 42 sixty percent (60%) majority of the votes cast in favor of the question shall 43 be necessary to authorize the payment of fees to the citywide 911 service. 44 (4) If the city elects to provide nonemergency communications services 45 only, the county providing 911 services as part of an existing consolidated 46 emergency communications system shall continue to provide those services. Pro- 47 vided however, that the county and city shall coordinate 911 and nonemergency 48 communications. If the county and city are unable to successfully negotiate 49 coordination of communications, the county and city shall submit to arbitra- 50 tion of the issue. 51 SECTION 5. That Section 31-4804, Idaho Code, be, and the same is hereby 4 1 amended to read as follows: 2 31-4804. TELEPHONE LINE USER FEE. (1) The telephone line 3 user fee provided pursuant to the provisions of this chapter shall be a uni- 4 form amount not to exceed one dollar ($1.00) per month per exchange access 5 line, trunk line, network access register, or equivalent, and such fee shall 6 be used exclusively to finance the initiation, maintenance, or enhancement of 7 a consolidated emergency communications system within the boundaries of one 8 (1) county or 911 service area including a citywide 911 communications 9 system or service area . The fee shall be collected from customers on a 10 monthly basis by all telecommunications entities which provide local telephone 11 line service within the county, or 911 service area, and may be listed as a 12 separate item on customers' monthly bills. The telephone companies shall remit 13 such fee to the county or city treasurer's office or the adminis- 14 trator for the 911 service area , whichever is appropriate for that area 15 . From every remittance to the governing body made on or before the date 16 when the same becomes due, the telephone company required to remit the same 17 shall be entitled to deduct and retain three-fourths of one percent (.75%) of 18 the collected amount as the cost of administration for collecting the charge. 19 Local exchange companies will be allowed to list the surcharge as a separate 20 item on the telephone subscriber's bill, and shall have no obligation to take 21 any legal action to enforce the collection of any charge, nor be held liable 22 for such uncollected amounts. 23 (2) In counties where a city has approved by an election to sepa- 24 rate its citywide 911 communications services from an existing consolidated 25 emergency communications service, and to have telephone line user fees paid to 26 the citywide 911 service area, the telephone companies shall remit the tele- 27 phone line user fee collected within the citywide 911 service area to the 28 city. 29 SECTION 6. That Section 31-4805, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 31-4805. ESTABLISHMENT OF JOINT POWERS BOARD FOR OPERATION OFEMER-32GENCYCOMMUNICATIONS SERVICE. Within one hundred eighty (180) days fol- 33 lowing voter approval of a telephone line user fee as provided in section 34 31-4803 or 31-4803A , Idaho Code, a governing board or administra- 35 tor may be established under a joint powers agreement pursuant to sections 36 67-2326 through 67-2332, Idaho Code. Such joint powers board or administrator 37 shall be responsible for establishing, maintaining and governing a consoli- 38 dated emergency communications system. Providing an emergency and 39 nonemergency communications service shall be considered a governmental 40 function. 41 SECTION 7. That Section 31-4806, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 31-4806. AUTHORIZATION FOR GOVERNING BOARD TO APPOINT OFFICIAL TO SUPER- 44 VISEEMERGENCYCOMMUNICATIONS SERVICE IN THE ABSENCE OF JOINT 45 POWERS AGREEMENT. Whenever the electors approve imposing the telephone line 46 user fee as provided in this chapter, but in the absence of an agreement to 47 form a joint powers board or administrator as provided in this chapter, the 48 governing board is hereby authorized to appoint an official or administrator 49 to maintain and govern a consolidated emergency communications system or 50 separate citywide 911 and/or citywide nonemergency communications system 5 1 . 2 SECTION 8. That Section 31-4807, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 31-4807. RIGHT TO FEE NOT AFFECTED BY NONSERVICE. All governmental enti- 5 ties within the county that have an already established emergency communica- 6 tions system using 911 call access, upon resolution duly adopted and approved 7 and presented to the joint powers board or in their absence to the board of 8 county commissioners, may ask that their existing or newly separated 9 emergency communication system area be excluded and such area shall be 10 excluded from thecounty-widecountywide emergency 11 communications service but such exclusion shall not affect the right of the 12 board of county commissioners to levy the fees as herein provided.No13city or other agency shall establish an individual emergency communication14system once a county-wide system as provided in this chapter has been adopted15by the board of county commissioners.Whenever an area is excluded pur- 16 suant to this section, the board of county commissioners shall remit to the 17 excluded entity one hundred percent (100%) of the fees collected in the 18 excluded area as provided pursuant to this chapter. Any separate 19 citywide 911 system shall be funded in the same manner. Any area 20 excluded pursuant to this section may be subsequently included upon resolution 21 duly adopted and approved and presented to the joint powers board or, in their 22 absence, to the board of county commissioners. 23 SECTION 9. That Section 31-4808, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 31-4808. TERMINATION OR SEPARATION . (1) Any county or joint 26 powers board having adopted and established an emergency communications system 27 as provided in this chapter may terminate the same for good cause or may 28 allow an incorporated city to separate from the consolidated communications 29 system provided the incorporated city will provide its own communications sys- 30 tem . 31 (2) If, after the formation of any 911 service area of less than32county-widecountywide extent, the voters of the county 33 approve 911 service for the entire county, the newly formedcounty-wide34countywide 911 service area shall assume all of the assets 35 and liabilities of all 911 service areas existing in that county at the time 36 of formation of thecounty-widecountywide system. 37 Existing 911 service areas shall have two (2) years from the date of the38county-widecountywide election to merge into the39county-widecountywide consolidated emergency communica- 40 tions system. Citywide 911 systems that have separated from a consoli- 41 dated communications system are exempt from the provisions of this subsection, 42 and once separated after consolidation their assets and liabilities may not 43 again be assumed. 44 SECTION 10. That Section 31-4811, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 31-4811. PAY PHONES TO BE CONVERTED TO ALLOW EMERGENCY CALLS WITHOUT 47 CHARGE. Every provider of telephone service or other owner of a pay station 48 telephone in an area served by an emergency telephone system established pur- 49 suant to this chapter must convert every pay station telephone to permit dial- 6 1 ing 911 or the telephone company operator without deposit of a coin or other 2 charge to the caller. Conversion must be completed by or before the time the 3 emergency telephone system is operational. If modification of telephone ser- 4 vice switching equipment is necessary to implement the provisions of this sec- 5 tion, such modification shall be considered a cost of the emergency communica- 6 tions program and the provider of telephone service shall be compensated from 7 the user fees authorized for this chapter upon application to the county 8 or city in appropriate cases , providing that such costs are approved by 9 the public utilities commission. 10 SECTION 11. That Section 31-4812, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 31-4812. IMMUNITY AND CONDITIONS OF LIABILITY IN PROVIDINGEMER-13GENCYCOMMUNICATIONS SERVICE. In order to further the purposes of this 14 chapter, and to encourage the development of consolidated and 15 nonconsolidated emergency and nonemergency communications 16 systems, the legislature finds that telephone companies providing consolidated 17 and nonconsolidated emergency and nonemergency com- 18 munications systems and related services shall not be subject to liability in 19 conjunction with providing such services except on the terms stated below. 20 (1) No telephone company or telecommunications provider shall be liable 21 to any person for the good faith release to emergency or nonemergency 22 communications system personnel of information not in the public record 23 including, but not limited to, nonpublished or nonlisted telephone numbers. 24 (2) A local exchange telephone company or other telecommunications entity 25 providing emergency or nonemergency communications systems or 26 services, and its employees and agents, shall not be liable in tort to any 27 person for damages alleged to have been caused by the design, development, 28 installation, maintenance or provision of consolidated or 29 nonconsolidated emergency or nonemergency communications 30 systems or services, unless such entities or persons act with malice or crimi- 31 nal intent, or commit reckless, willful and wanton conduct. 32 (3) For the purposes of this section, "reckless, willful and wanton con- 33 duct" is defined as an intentional and knowing action, or failure to act, cre- 34 ating an unreasonable risk of harm to another, and which involves a high 35 degree of probability that such harm will result. 36 SECTION 12. An emergency existing therefor, which emergency is hereby 37 declared to exist, this act shall be in full force and effect on and after its 38 passage and approval.
STATEMENT OF PURPOSE
RS 07623C2
Section 31-4807, Idaho Code, provides that no city or
other agency shall establish an individual emergency
communication system once a county wide system as provided in
this chapter has been adopted by the board of county
commissioners.
This legislation deletes a prohibition against cities
establishing an individual emergency communication system once
a county wide system is adopted. It provides that cities within
existing consolidated emergency communications system areas may
separate from the consolidated area and operate their own 911
and/or non-emergency communications system upon the majority
vote of their city council. It further provides for an election
of a 60/40 majority by the registered voters of a separated
city to provide the authorization for funding to operate a 911
system.
FISCAL NOTE
NO FISCAL IMPACT ON THE GENERAL FUND
May impact a county wide emergency communication system
if an election for 911 funding is deemed necessary.
Contact: Cherie McCandless
Ada County Farm Bureau
890-7019
STATEMENT OF PURPOSE/FISCAL NOTE
S 1507