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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