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H0240................................by JUDICIARY, RULES AND ADMINISTRATION
CORRECTIONAL FACILITIES - Adds to existing law relating to correctional
facilities to limit the amount of fees or commissions that certain
correctional facilities may collect from nongovernmental entities providing
telecommunication services; to provide requirements; to provide for
franchise fee arrangements; and to limit the application of the section to
certain contracts.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 240
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO CORRECTIONAL FACILITIES; AMENDING CHAPTER 2, TITLE 20, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 20-209F, IDAHO CODE, TO LIMIT THE AMOUNT
4 OF FEES OR COMMISSIONS THAT CERTAIN CORRECTIONAL FACILITIES MAY COLLECT
5 FROM NONGOVERNMENTAL ENTITIES PROVIDING TELECOMMUNICATIONS SERVICES, TO
6 PROVIDE REQUIREMENTS, TO PROVIDE FOR FRANCHISE FEE ARRANGEMENTS AND TO
7 LIMIT APPLICATION OF THIS SECTION TO CERTAIN CONTRACTS; AND DECLARING AN
8 EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Chapter 2, Title 20, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
12 ignated as Section 20-209F, Idaho Code, and to read as follows:
13 20-209F. TELECOMMUNICATIONS -- RESTRICTIONS ON COMMISSIONS COLLECTED --
14 REQUIREMENTS -- APPLICATION. (1) When a nongovernmental entity provides tele-
15 communications services to persons confined in a state or privately run cor-
16 rectional facility, but not including county jails, any fees or commissions
17 collected by the correctional facility from the telecommunications provider
18 shall not exceed twenty percent (20%) of the total revenue generated from
19 telecommunications services.
20 (2) Agreements for telecommunications services provided to a correc-
21 tional facility, but not including county jails, by a nongovernmental entity
22 shall:
23 (a) Afford proper security in correctional operations;
24 (b) Provide for an in-state rate, including the rate for connection fees
25 and operator assistance;
26 (c) Provide for an out-of-state rate, including the rate for connection
27 fees and operator assistance;
28 (d) Provide for proper maintenance of the system to minimize connectivity
29 problems.
30 (3) The correctional facility shall:
31 (a) Provide inmates notification of rates prior to their use of the ser-
32 vice;
33 (b) Provide a system for the receipt and handling of complaints regarding
34 the service.
35 (4) This section does not preclude a correctional facility from negotiat-
36 ing franchise fee arrangements, or any other type of arrangement for telecom-
37 munications services, provided the arrangement meets with the stated require-
38 ments.
39 (5) The provisions of this section do not affect contracts entered into
40 prior to the effective date of this section.
41 SECTION 2. An emergency existing therefor, which emergency is hereby
42 declared to exist, this act shall be in full force and effect on and after its
2
1 passage and approval.
STATEMENT OF PURPOSE
RS 10815C1
This legislation would limit the amount of revenue to the
Department of Corrections or to a privately owned prison derived
from a telecommunications agreement to 20% of the total revenue
generated from the telecommunications services. It would also
require that any agreements for telecommunication services would
include proper security arrangements, an in-state rate (including
connection and operator assistance fees), an out-of-state rate
(including connection and operator assistance fees), proper
maintenance of the system to minimize connection problems,
notification of rates to inmates prior to use, and a system to
handle complaints. County jails are specifically exempted from
this legislation. This legislation would allow for other
negotiated telecommunication agreements such as franchise fee or
other arrangements. Current contracts are exempted from this
legislation.
FISCAL IMPACT
There is no impact on the current or next fiscal year since current
contracts are excluded from this legislation. In future contracts,
depending upon the specifics of the new contracts, a current
revenue of approximately 1.1 million dollars (FY 2000) based on a
41% return of total billed revenue could be reduced by $555
thousand dollars if based on a 20% return of revenues. A franchise
fee would result in a set negotiated income which would eliminate
the need to estimate revenue based on the previous year's total.
Contact
Name: Rep. Steve Smylie
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 24