2003 Legislation
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HOUSE BILL NO. 258 – Emergency communication fee/use

HOUSE BILL NO. 258

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H0258.........................................................by STATE AFFAIRS
EMERGENCY COMMUNICATIONS FEE - Amends and adds to existing law to provide for
an emergency communications fee; to provide for establishment of enhanced
consolidated emergency communications systems; to provide for the appointment
of an official or administrator to maintain, enhance and govern a consolidated
emergency communications system; to provide for application to prepaid calling
cards; and to provide for confidential and proprietary data.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 258
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE EMERGENCY COMMUNICATIONS ACT; AMENDING SECTION 31-4801,  IDAHO
  3        CODE,  TO  PROVIDE  FURTHER LEGISLATIVE PURPOSE; AMENDING SECTION 31-4802,
  4        IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE  A  TECHNICAL  CORRECTION;
  5        AMENDING  SECTION  31-4803,  IDAHO  CODE,  TO PROVIDE FOR A VOTER APPROVED
  6        EMERGENCY COMMUNICATIONS FEE, TO PROVIDE WHEN NO FURTHER VOTE IS NECESSARY
  7        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 31-4804,  IDAHO  CODE,
  8        TO  PROVIDE  THE AMOUNT OF THE EMERGENCY COMMUNICATIONS FEE AND TO PROVIDE
  9        PROCEDURES; AMENDING CHAPTER 48, TITLE 31, IDAHO CODE, BY THE ADDITION  OF
 10        A  NEW  SECTION  31-4804A,  IDAHO  CODE,  TO  PROVIDE FOR ESTABLISHMENT OF
 11        ENHANCED CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEMS;  AMENDING  SECTION
 12        31-4805,  IDAHO  CODE,  TO  PROVIDE FOR A GOVERNING BOARD OR ADMINISTRATOR
 13        AFTER THE VOTER APPROVAL OF AN EMERGENCY COMMUNICATIONS FEE; AMENDING SEC-
 14        TION 31-4806, IDAHO CODE, TO PROVIDE FOR APPOINTMENT  OF  AN  OFFICIAL  OR
 15        ADMINISTRATOR  TO  MAINTAIN,  OPERATE,  ENHANCE  AND GOVERN A CONSOLIDATED
 16        EMERGENCY COMMUNICATIONS SYSTEM; AMENDING SECTION 31-4812, IDAHO CODE,  TO
 17        REVISE  IMMUNITY  AND CONDITIONS OF LIABILITY STANDARDS IN PROVIDING EMER-
 18        GENCY COMMUNICATIONS SERVICES; AMENDING CHAPTER 48, TITLE 31, IDAHO  CODE,
 19        BY  THE  ADDITION OF NEW SECTIONS 31-4813 AND 31-4814, IDAHO CODE, TO PRO-
 20        VIDE APPLICATION TO PREPAID CALLING CARDS, AND TO PROVIDE FOR CONFIDENTIAL
 21        AND PROPRIETARY DATA.
                                                                        
 22    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 23        SECTION 1.  That Section 31-4801, Idaho Code, be, and the same  is  hereby
 24    amended to read as follows:
                                                                        
 25        31-4801.  PURPOSE.  The legislature recognizes that providing consolidated
 26    emergency communications systems is vital  in  enhancing  the  public  health,
 27    safety,  and  welfare  of the residents of the state of Idaho. The legislature
 28    further finds that there is an obvious need for providing a means  to  finance
 29    the initiation, maintenance, and operation, enhancement and governance of con-
 30    solidated emergency communications systems.
 31        (1)  The legislature of the state of Idaho finds that:
 32        (a)  Since  the  original enactment of the emergency communications act in
 33        1988, many of Idaho's communities in rural areas have found that they  are
 34        lacking in the resources to fully fund emergency communications systems at
 35        the local level;
 36        (b)  Changes  in  technology  and the rapid growth of communications media
 37        have demonstrated that financing such systems solely by a line  charge  on
 38        subscribers  to  wire-line  services does not reflect utilization of emer-
 39        gency communications systems by subscribers to wireless and other forms of
 40        communications systems;
 41        (c)  There is a need to enhance funding for the initiation and enhancement
 42        of consolidated emergency communications systems throughout the state;
 43        (d)  That cellular telephone service is  widely  deployed  throughout  the
                                                                        
                                           2
                                                                        
  1        state, with wireless subscribers now nearly equaling traditional wire-line
  2        subscribers;
  3        (e)  Utilization of cellular telephones to access emergency communications
  4        systems  has  substantially increased citizen access to emergency services
  5        while at the same time increasing demands upon the emergency response sys-
  6        tem.
  7        (2)  Therefore, it is hereby declared that the intent and purposes of  the
  8    provisions of this act are to:
  9        (a)  Provide  authority  to counties to impose an emergency communications
 10        fee on the use of both telephone lines and  wireless  communications  sys-
 11        tems;
 12        (b)  Provide  that  the  emergency communications fee shall be exclusively
 13        utilized by the counties electing to impose it to finance the  initiation,
 14        maintenance,  operation,  enhancement and governance of consolidated emer-
 15        gency systems as well as enhanced consolidated emergency systems;
 16        (c)  Provide for the agreed-to  reimbursement  to  wireless  carriers  for
 17        their  implementation  of  enhanced  consolidated emergency communications
 18        systems by counties or 911 service areas that  have  implemented  enhanced
 19        consolidated emergency communications systems.
                                                                        
 20        SECTION  2.  That  Section 31-4802, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        31-4802.  DEFINITIONS. As used in this chapter:
 23        (1)  "Access line" means any telephone line, trunk  line,  network  access
 24    register,  dedicated  radio signal, or equivalent that provides switched tele-
 25    communications access to a consolidated emergency communications  system  from
 26    either  a service address or a place of primary use within this state.  In the
 27    case of wireless technology, each active dedicated telephone number  shall  be
 28    considered a single access line.
 29        (2)  "Administrator"  means  the  person,  officer or agency designated to
 30    operate a consolidated emergency communications system, and to  receive  funds
 31    for such an operation.
 32        (3)  "Basic  consolidated  emergency  system" means consolidated emergency
 33    systems that are not enhanced.
 34        (24)  "Consolidated emergency  communications  system"  means  facilities,
 35    equipment and dispatching services directly related to establishing, maintain-
 36    ing, or enhancing a 911 emergency communications service.
 37        (5)  "Emergency  communications fee" means the fee provided for in section
 38    31-4803, Idaho Code.
 39        (6)  "Enhanced consolidated emergency system" means consolidated emergency
 40    systems that provide enhanced wireless 911 service and  include,  but  not  be
 41    limited  to,  the  technological capability to provide call back numbers, cell
 42    site locations, and the location of calls by latitude and longitude  and  made
 43    through the systems of wireless carriers.
 44        (37)  "Governing  board"  means the joint powers board, if the 911 service
 45    area is a multicounty area, or the board of county commissioners of the county
 46    or the city council if the 911 service area is a city, or both  the  board  of
 47    county  commissioners  and  the  city council if the 911 service area includes
 48    both city and county residents but not the entire county.
 49        (48)  "911 service area" means a regional,  multicounty,  county  or  area
 50    other  than a whole county in which area the residents have voted to establish
 51    a consolidated emergency communications system.
 52        (9)  "Place of primary use" means the residential street  address  or  the
 53    primary business street address in Idaho where the customer's use of the wire-
                                                                        
                                           3
                                                                        
  1    less service primarily occurs.
  2        (10) "Telecommunications  provider"  means  any  person providing exchange
  3    telephone service to a service address within this state or any wireless  car-
  4    rier  providing  telecommunications  service to any customer having a place of
  5    primary use within this state.
  6        (11) "Wireless carrier" means a cellular licensee, a  personal  communica-
  7    tions  service licensee, and certain specialized mobile radio providers desig-
  8    nated as covered carriers by the federal communications commission in  47  CFR
  9    20.18 and any successor to such rule.
                                                                        
 10        SECTION  3.  That  Section 31-4803, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        31-4803.  AUTHORITY TO ESTABLISH AND FOR VOTERS TO APPROVE FUNDING  FOR  A
 13    CONSOLIDATED  EMERGENCY  COMMUNICATIONS SYSTEM. (1) The board of commissioners
 14    of any county may establish a consolidated emergency communications system  by
 15    virtue  of authority granted by this chapter or by chapter 23, title 67, Idaho
 16    Code. The service area may be regional, multicounty,  county-wide  countywide,
 17    or  any part or parts of the county, and may include or exclude a city or cit-
 18    ies. If the board of county commissioners has  adopted  a  resolution  stating
 19    that  the  county is unable to establish a county-wide countywide consolidated
 20    emergency communications  system,  or  if  the  voters  reject  a  county-wide
 21    countywide consolidated 911 system, then a 911 service area may be established
 22    by  action  of any city or cities within the county. The service area shall be
 23    described in the ordinance of creation. The ordinance  shall  further  provide
 24    for an election on the question as provided in subsection (2) of this section.
 25    The  ordinance  of  creation  shall  define the governing board, designate the
 26    administrator, and the agency to service the 911 calls. The costs of the elec-
 27    tion ordered by the county shall be a proper charge against the county current
 28    expense fund. The costs of the election for a 911  service  area  shall  be  a
 29    proper charge against the city or cities initiating the election.
 30        (2)  The voters of any county or 911 service area may authorize funding to
 31    support  implementation of a consolidated emergency communications system pur-
 32    suant to the provisions of this chapter. The  authorization  to  provide  such
 33    funding must be made by the registered voters of the county or of the 911 ser-
 34    vice  area  at either a primary or general election. A notice for any election
 35    shall be published for twenty (20) days as required by section  60-109,  Idaho
 36    Code.  A  sixty percent (60%) majority of the votes cast in favor of the ques-
 37    tion shall be necessary to authorize the telephone line user emergency  commu-
 38    nications fee.
 39        (3)  If  a 911 system is to be financed in whole or in part by a telephone
 40    line user an emergency communications  fee, the governing board  shall  submit
 41    the  question  to  the  electors of the county or 911 service area in substan-
 42    tially the following form:
 43        "Shall the governing board of ............ be authorized to institute
 44        a telephone line user an emergency communications fee in an amount no
 45        greater than one dollar ($l.00) per month to be used to fund an emer-
 46        gency telephone system, commonly known as 911 service?"
 47        (4)  No telephone line user emergency communications fee  for  a  consoli-
 48    dated  emergency communications system shall be charged without voter approval
 49    as provided in subsection (2) of this section.
 50        (5)  Any net savings in operating expenditures realized by any taxing dis-
 51    trict utilizing a consolidated emergency communications system shall  be  used
 52    by that taxing district for a reduction in the ad valorem property tax charges
 53    of that taxing district.
                                                                        
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  1        (6)  If  the  voters  of  any  county  or 911 service area have previously
  2    approved funding of a consolidated emergency communications system in the man-
  3    ner provided in subsections (2) and (3) of this section, no  further  vote  is
  4    necessary to authorize the emergency communications fee set forth in this act.
                                                                        
  5        SECTION  4.  That  Section 31-4804, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        31-4804.  TELEPHONE LINE USER EMERGENCY COMMUNICATIONS  FEE. (1) The tele-
  8    phone line user emergency communications fee provided pursuant to  the  provi-
  9    sions  of  this  chapter  shall  be  a uniform amount not to exceed one dollar
 10    ($1.00) per month per exchange access line, trunk line, network access  regis-
 11    ter, or equivalent, and such fee shall be used exclusively to finance the ini-
 12    tiation,  maintenance, or operation, enhancement, and governance of a consoli-
 13    dated emergency communications system within the boundaries of one (1)  county
 14    or 911 service area and provide for the reimbursement of wireless carriers for
 15    implementing  enhanced  consolidated emergency systems as provided for in sec-
 16    tion 31-4804A, Idaho Code. All emergency  communications  fees  collected  and
 17    expended  pursuant  to  this section shall be accounted for by an independent,
 18    third party auditor ordinarily retained by the county for  auditing  purposes.
 19    The  purpose of the audit as related to emergency communications systems is to
 20    verify the accuracy and completeness of fees collected and costs expended.
 21        (2)  The fee shall be collected from customers on a monthly basis  by  all
 22    telecommunications   entities  which  provide  local  telephone  line  service
 23    providers that make available access lines to persons within  the  county,  or
 24    911  service  area, and may be listed as a separate item on customers' monthly
 25    bills.
 26        (3)  The telephone companies telecommunications providers shall remit such
 27    fee to the county treasurer's office or the administrator for the 911  service
 28    area  based  upon the county or multicounty area from which the fees were col-
 29    lected. In the event the telecommunications provider remits  such  fees  based
 30    upon  the  emergency  communications  fee  billed to the customer, a deduction
 31    shall be allowed for uncollected amounts when such amounts are treated as  bad
 32    debt for financial reporting purposes.
 33        (4)  From  every  remittance  to  the governing body made on or before the
 34    date when the same becomes due, the telephone company telecommunications  pro-
 35    vider required to remit the same shall be entitled to deduct and retain three-
 36    fourths of one percent (.751%) of the collected amount as the cost of adminis-
 37    tration for collecting the charge. Local exchange companies Telecommunications
 38    providers  will  be  allowed  to  list the surcharge as a separate item on the
 39    telephone subscriber's bill, and shall have no obligation to  take  any  legal
 40    action  to  enforce  the collection of any charge, nor be held liable for such
 41    uncollected amounts.
                                                                        
 42        SECTION 5.  That Chapter 48, Title 31, Idaho Code, be,  and  the  same  is
 43    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 44    ignated as Section 31-4804A, Idaho Code, and to read as follows:
                                                                        
 45        31-4804A.  ESTABLISHMENT OF ENHANCED CONSOLIDATED EMERGENCY COMMUNICATIONS
 46    SYSTEMS. (1)  Any county that has established a basic  consolidated  emergency
 47    system  may  establish  an enhanced consolidated emergency system by action of
 48    the governing board of the basic consolidated emergency system.
 49        (2)  The governing boards  establishing  enhanced  consolidated  emergency
 50    systems  shall  request  that  wireless carriers serving such counties collec-
 51    tively implement an  enhanced  consolidated  emergency  communications  system
                                                                        
                                           5
                                                                        
  1    within  a  reasonable  time.  When so requested, all wireless carriers serving
  2    such counties shall implement enhanced consolidated  emergency  communications
  3    systems  within  a reasonable time. The governing boards and wireless carriers
  4    shall enter into agreements that:
  5        (a)  Establish the scope and purpose of the proposed enhanced consolidated
  6        emergency communications system; and
  7        (b)  Provide for an agreed-to level of reimbursement of the costs of wire-
  8        less  carriers  resulting  from  their  implementation  and  operation  of
  9        enhanced emergency communications systems that may  include  the  acquisi-
 10        tion, construction, financing, installation and operation of all equipment
 11        and facilities necessary to implement such enhanced systems.
 12    Agreements  shall  provide  for  prompt reimbursement on invoices submitted by
 13    wireless carriers to the governing board.
                                                                        
 14        SECTION 6.  That Section 31-4805, Idaho Code, be, and the same  is  hereby
 15    amended to read as follows:
                                                                        
 16        31-4805.  ESTABLISHMENT  OF  JOINT POWERS BOARD FOR OPERATION OF EMERGENCY
 17    COMMUNICATIONS SERVICE. Within one hundred eighty (180) days  following  voter
 18    approval  of a telephone line user an emergency communications fee as provided
 19    in section 31-4803, Idaho Code, a governing  board  or  administrator  may  be
 20    established  under  a  joint  powers  agreement  pursuant  to sections 67-2326
 21    through 67-2332, Idaho Code.  Such joint powers board or  administrator  shall
 22    be responsible for establishing, maintaining, operating, enhancing and govern-
 23    ing  a  consolidated  emergency  communications system. Providing an emergency
 24    communications service shall be considered a governmental function.
                                                                        
 25        SECTION 7.  That Section 31-4806, Idaho Code, be, and the same  is  hereby
 26    amended to read as follows:
                                                                        
 27        31-4806.  AUTHORIZATION  FOR GOVERNING BOARD TO APPOINT OFFICIAL TO SUPER-
 28    VISE EMERGENCY COMMUNICATIONS SERVICE IN THE ABSENCE OF  JOINT  POWERS  AGREE-
 29    MENT. Whenever the electors approve imposing the telephone line user emergency
 30    communications  fee  as  provided  in  this  chapter, but in the absence of an
 31    agreement to form a joint powers board or administrator as  provided  in  this
 32    chapter,  the  governing  board is hereby authorized to appoint an official or
 33    administrator to maintain, operate, enhance and govern  a  consolidated  emer-
 34    gency communications system.
                                                                        
 35        SECTION  8.  That  Section 31-4812, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        31-4812.  IMMUNITY AND CONDITIONS OF LIABILITY IN PROVIDING EMERGENCY COM-
 38    MUNICATIONS SERVICE. In order to further the purposes of this chapter, and  to
 39    encourage  the  development  of consolidated emergency communications systems,
 40    the legislature finds that telephone  companies  providing  telecommunications
 41    providers  making  available consolidated emergency communications systems and
 42    related services shall not be subject to liability in conjunction with provid-
 43    ing such services except on the terms stated below.
 44        (1)  No telephone company or telecommunications provider shall  be  liable
 45    to  any  person  for the good faith release to emergency communications system
 46    personnel of information not in the public record including, but  not  limited
 47    to, nonpublished or nonlisted telephone numbers.
 48        (2)  A local exchange telephone company or other telecommunications entity
 49    providing  provider  making available emergency communications systems or ser-
                                                                        
                                           6
                                                                        
  1    vices, and its employees and agents, shall not be liable in tort to any person
  2    for damages alleged to have been caused by the design, development,  installa-
  3    tion,  maintenance  or provision of consolidated emergency communications sys-
  4    tems or services, unless such entities or persons act with malice or  criminal
  5    intent, or commit reckless, willful and wanton conduct.
  6        (3)  For  the purposes of this section, "reckless, willful and wanton con-
  7    duct" is defined as an intentional and knowing action, or failure to act, cre-
  8    ating an unreasonable risk of harm to  another,  and  which  involves  a  high
  9    degree of probability that such harm will result.
                                                                        
 10        SECTION  9.  That  Chapter  48,  Title 31, Idaho Code, be, and the same is
 11    hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
 12    nated as Sections 31-4813 and 31-4814, Idaho Code, and to read as follows:
                                                                        
 13        31-4813.  PREPAID CALLING CARDS.  The imposition of the emergency communi-
 14    cations fee and the 911 statewide access fee shall not apply  to  the  prepaid
 15    calling cards for all forms of access fees.
                                                                        
 16        31-4814.  CONFIDENTIAL AND PROPRIETARY DATA. All data submitted to govern-
 17    ing boards and to the Idaho 911 commission by wireless carriers deemed by such
 18    carriers  as  confidential and proprietary shall be deemed to be trade secrets
 19    pursuant to chapter 3, title 9, Idaho Code.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                                            RS 12989
                                
                                
                                  The purpose of this bill is to impose the same requirements
  currently imposed by state law on land line telephone companies to
  wireless carriers pertaining to a local option fee of no more than
  $1.00 a month which is used by the county for 911 emergency
  communication services. The bill also eliminates and replaces
  obsolete language in the current law, exempts prepaid calling cards
  from the fee and ensures confidentiality to proprietary data.
  
  
  
  
  
                          FISCAL IMPACT
                                
                                  Because the state of Idaho is not subject to the imposition of
  fees such as the one currently in state law under the sections
  pertaining to 911 emergency communications, there is no fiscal impact
  to the general fund as a result of this bill. It is expected that
  revenues to the various counties and consolidated emergency 911
  systems that have imposed the fee upon a vote of the people within
  the county or system will be between $3 million and $4 million.
  
  
  
                        CONTACT: Michael J. Kane(Phone 342-4545) 
                      Idaho Sheriffs Association
                      
             STATEMENT OF PURPOSE/FISCAL NOTE              H 258