Print Friendly SENATE BILL NO. 1514 – Emergency communicatn/radio access
SENATE BILL NO. 1514
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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN 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
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-
42 (4) "Emergency communication" means any dispatched call requiring the
43 response of sheriff, police, fire or emergency medical services to a location,
1 or any communication between the dispatcher and responder regarding status
3 ( 3 5 ) "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
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
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
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 ( 4 10 ) "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-wide
45 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 a county-
48 wide countywide consolidated emergency communications sys-
49 tem, or if the voters reject a county-wide countywide
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.
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
45 SECTION 4. That Section 31-4807, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 31-480 7 8 . 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-
1 ing emergency communication system area be excluded and such area shall be
2 excluded from the county-wide countywide 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 a county-wide countywide 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 31-480 8 9 . 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 than
20 county-wide countywide extent, the voters of the county
21 approve 911 service for the entire county, the newly formed county-wide
22 countywide 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 the county-wide countywide system.
25 Existing 911 service areas shall have two (2) years from the date of the
26 county-wide countywide election to merge into the
27 county-wide countywide 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 31-48 09 10 . 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 31-481 0 1 . EXISTING JOINT COUNTY-WIDE
46 COUNTYWIDE EMERGENCY DISPATCH SYSTEMS NOT AFFECTED. Joint
47 county-wide countywide 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
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 31-481 1 2 . 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 31-481 2 3 . 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 , or telecommunications
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 , or
33 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
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.
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
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
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
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
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