2003 Legislation
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HOUSE BILL NO. 299 – Emergency communication fee/use

HOUSE BILL NO. 299

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H0299........................................................by WAYS AND MEANS
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.
                                                                        
02/25    House intro - 1st rdg - to printing
02/26    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. 299
                                                                        
                                BY WAYS AND MEANS 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)  Utilization of cellular telephones to access emergency communications
                                                                        
                                           2
                                                                        
  1        systems has substantially increased citizen access to  emergency  services
  2        while at the same time increasing demands upon the emergency response sys-
  3        tem.
  4        (2)  Therefore,  it is hereby declared that the intent and purposes of the
  5    provisions of this act are to:
  6        (a)  Provide authority to counties to impose an  emergency  communications
  7        fee  on  the  use of both telephone lines and wireless communications sys-
  8        tems;
  9        (b)  Provide that the emergency communications fee  shall  be  exclusively
 10        utilized  by the counties electing to impose it to finance the initiation,
 11        maintenance, operation, enhancement and governance of  consolidated  emer-
 12        gency systems as well as enhanced consolidated emergency systems;
 13        (c)  Provide  for  the  agreed-to  reimbursement  to wireless carriers for
 14        their implementation of  enhanced  consolidated  emergency  communications
 15        systems  by  counties  or 911 service areas that have implemented enhanced
 16        consolidated emergency communications systems.
                                                                        
 17        SECTION 2.  That Section 31-4802, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        31-4802.  DEFINITIONS. As used in this chapter:
 20        (1)  "Access  line"  means  any telephone line, trunk line, network access
 21    register, dedicated radio signal, or equivalent that provides  switched  tele-
 22    communications  access  to a consolidated emergency communications system from
 23    either a service address or a place of primary use within this state.  In  the
 24    case  of  wireless technology, each active dedicated telephone number shall be
 25    considered a single access line.
 26        (2)  "Administrator" means the person, officer  or  agency  designated  to
 27    operate  a  consolidated emergency communications system, and to receive funds
 28    for such an operation.
 29        (3)  "Basic consolidated emergency system"  means  consolidated  emergency
 30    systems that are not enhanced.
 31        (24)  "Consolidated  emergency  communications  system"  means facilities,
 32    equipment and dispatching services directly related to establishing, maintain-
 33    ing, or enhancing a 911 emergency communications service.
 34        (5)  "Emergency communications fee" means the fee provided for in  section
 35    31-4803, Idaho Code.
 36        (6)  "Enhanced consolidated emergency system" means consolidated emergency
 37    systems  that  provide  enhanced wireless 911 service and include, but are not
 38    limited to, the technological capability to provide call  back  numbers,  cell
 39    site  locations,  and the location of calls by latitude and longitude and made
 40    through the systems of wireless carriers.
 41        (37)  "Governing board" means the joint powers board, if the  911  service
 42    area is a multicounty area, or the board of county commissioners of the county
 43    or  the  city  council if the 911 service area is a city, or both the board of
 44    county commissioners and the city council if the  911  service  area  includes
 45    both city and county residents but not the entire county.
 46        (48)  "911  service  area"  means  a regional, multicounty, county or area
 47    other than a whole county in which area the residents have voted to  establish
 48    a consolidated emergency communications system.
 49        (9)  "Place  of  primary  use" means the residential street address or the
 50    primary business street address in Idaho where the customer's use of the wire-
 51    less service primarily occurs.
 52        (10) "Telecommunications provider" means  any  person  providing  exchange
 53    telephone  service to a service address within this state or any wireless car-
                                                                        
                                           3
                                                                        
  1    rier providing telecommunications service to any customer having  a  place  of
  2    primary use within this state.
  3        (11) "Wireless  carrier"  means a cellular licensee, a personal communica-
  4    tions service licensee, and certain specialized mobile radio providers  desig-
  5    nated  as  covered carriers by the federal communications commission in 47 CFR
  6    20.18 and any successor to such rule.
                                                                        
  7        SECTION 3.  That Section 31-4803, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        31-4803.  AUTHORITY  TO  ESTABLISH AND FOR VOTERS TO APPROVE FUNDING FOR A
 10    CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEM. (1) The board  of  commissioners
 11    of  any county may establish a consolidated emergency communications system by
 12    virtue of authority granted by this chapter or by chapter 23, title 67,  Idaho
 13    Code.  The  service area may be regional, multicounty, county-wide countywide,
 14    or any part or parts of the county, and may include or exclude a city or  cit-
 15    ies.  If  the  board  of county commissioners has adopted a resolution stating
 16    that the county is unable to establish a county-wide  countywide  consolidated
 17    emergency  communications  system,  or  if  the  voters  reject  a county-wide
 18    countywide consolidated 911 system, then a 911 service area may be established
 19    by action of any city or cities within the county. The service area  shall  be
 20    described  in  the  ordinance of creation. The ordinance shall further provide
 21    for an election on the question as provided in subsection (2) of this section.
 22    The ordinance of creation shall define  the  governing  board,  designate  the
 23    administrator, and the agency to service the 911 calls. The costs of the elec-
 24    tion ordered by the county shall be a proper charge against the county current
 25    expense  fund.  The  costs  of  the election for a 911 service area shall be a
 26    proper charge against the city or cities initiating the election.
 27        (2)  The voters of any county or 911 service area may authorize funding to
 28    support implementation of a consolidated emergency communications system  pur-
 29    suant  to  the  provisions  of this chapter. The authorization to provide such
 30    funding must be made by the registered voters of the county or of the 911 ser-
 31    vice area at either a primary or general election. A notice for  any  election
 32    shall  be  published for twenty (20) days as required by section 60-109, Idaho
 33    Code. A sixty percent (60%) majority of the votes cast in favor of  the  ques-
 34    tion  shall be necessary to authorize the telephone line user emergency commu-
 35    nications fee.
 36        (3)  If a 911 system is to be financed in whole or in part by a  telephone
 37    line  user  an emergency communications  fee, the governing board shall submit
 38    the question to the electors of the county or 911  service  area  in  substan-
 39    tially the following form:
 40        "Shall the governing board of ............ be authorized to institute
 41        a telephone line user an emergency communications fee in an amount no
 42        greater than one dollar ($l.00) per month to be used to fund an emer-
 43        gency telephone system, commonly known as 911 service?"
 44        (4)  No  telephone  line  user emergency communications fee for a consoli-
 45    dated emergency communications system shall be charged without voter  approval
 46    as provided in subsection (2) of this section.
 47        (5)  Any net savings in operating expenditures realized by any taxing dis-
 48    trict  utilizing  a consolidated emergency communications system shall be used
 49    by that taxing district for a reduction in the ad valorem property tax charges
 50    of that taxing district.
 51        (6)  If the voters of any county  or  911  service  area  have  previously
 52    approved funding of a consolidated emergency communications system in the man-
 53    ner  provided  in  subsections (2) and (3) of this section, no further vote is
                                                                        
                                           4
                                                                        
  1    necessary to authorize the emergency communications fee set forth in this act.
                                                                        
  2        SECTION 4.  That Section 31-4804, Idaho Code, be, and the same  is  hereby
  3    amended to read as follows:
                                                                        
  4        31-4804.  TELEPHONE LINE USER EMERGENCY COMMUNICATIONS  FEE. (1) The tele-
  5    phone  line  user emergency communications fee provided pursuant to the provi-
  6    sions of this chapter shall be a uniform  amount  not  to  exceed  one  dollar
  7    ($1.00)  per month per exchange access line, trunk line, network access regis-
  8    ter, or equivalent, and such fee shall be used exclusively to finance the ini-
  9    tiation, maintenance, or operation, enhancement, and governance of a  consoli-
 10    dated  emergency communications system within the boundaries of one (1) county
 11    or 911 service area and provide for the reimbursement of wireless carriers for
 12    implementing enhanced consolidated emergency systems as provided for  in  sec-
 13    tion  31-4804A,  Idaho  Code.  All emergency communications fees collected and
 14    expended pursuant to this section shall be accounted for  by  an  independent,
 15    third  party  auditor ordinarily retained by the county for auditing purposes.
 16    The purpose of the audit as related to emergency communications systems is  to
 17    verify the accuracy and completeness of fees collected and costs expended.
 18        (2)  The  fee  shall be collected from customers on a monthly basis by all
 19    telecommunications  entities  which  provide  local  telephone  line   service
 20    providers  that  make  available access lines to persons within the county, or
 21    911 service area, and may be listed as a separate item on  customers'  monthly
 22    bills.
 23        (3)  The telephone companies telecommunications providers shall remit such
 24    fee  to the county treasurer's office or the administrator for the 911 service
 25    area based upon the county or multicounty area from which the fees  were  col-
 26    lected.  In  the  event the telecommunications provider remits such fees based
 27    upon the emergency communications fee billed  to  the  customer,  a  deduction
 28    shall  be allowed for uncollected amounts when such amounts are treated as bad
 29    debt for financial reporting purposes.
 30        (4)  From every remittance to the governing body made  on  or  before  the
 31    date  when the same becomes due, the telephone company telecommunications pro-
 32    vider required to remit the same shall be entitled to deduct and retain three-
 33    fourths of one percent (.751%) of the collected amount as the cost of adminis-
 34    tration for collecting the charge. Local exchange companies Telecommunications
 35    providers will be allowed to list the surcharge as  a  separate  item  on  the
 36    telephone  subscriber's  bill,  and shall have no obligation to take any legal
 37    action to enforce the collection of any charge, nor be held  liable  for  such
 38    uncollected amounts.
                                                                        
 39        SECTION  5.  That  Chapter  48,  Title 31, Idaho Code, be, and the same is
 40    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 41    ignated as Section 31-4804A, Idaho Code, and to read as follows:
                                                                        
 42        31-4804A.  ESTABLISHMENT OF ENHANCED CONSOLIDATED EMERGENCY COMMUNICATIONS
 43    SYSTEMS.  (1)  Any  county that has established a basic consolidated emergency
 44    system may establish an enhanced consolidated emergency system  by  action  of
 45    the governing board of the basic consolidated emergency system.
 46        (2)  The  governing  boards  establishing  enhanced consolidated emergency
 47    systems shall request that wireless carriers  serving  such  counties  collec-
 48    tively  implement  an  enhanced  consolidated  emergency communications system
 49    within a reasonable time. When so requested,  all  wireless  carriers  serving
 50    such  counties  shall implement enhanced consolidated emergency communications
 51    systems within a reasonable time. The governing boards and  wireless  carriers
                                                                        
                                           5
                                                                        
  1    shall enter into agreements that:
  2        (a)  Establish the scope and purpose of the proposed enhanced consolidated
  3        emergency communications system; and
  4        (b)  Provide for an agreed-to level of reimbursement of the costs of wire-
  5        less  carriers  resulting  from  their  implementation  and  operation  of
  6        enhanced  emergency  communications  systems that may include the acquisi-
  7        tion, construction, financing, installation and operation of all equipment
  8        and facilities necessary to implement such enhanced systems.
  9    Agreements shall provide for prompt reimbursement  on  invoices  submitted  by
 10    wireless carriers to the governing board.
                                                                        
 11        SECTION  6.  That  Section 31-4805, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        31-4805.  ESTABLISHMENT OF JOINT POWERS BOARD FOR OPERATION  OF  EMERGENCY
 14    COMMUNICATIONS  SERVICE.  Within one hundred eighty (180) days following voter
 15    approval of a telephone line user an emergency communications fee as  provided
 16    in  section  31-4803,  Idaho  Code,  a governing board or administrator may be
 17    established under a  joint  powers  agreement  pursuant  to  sections  67-2326
 18    through  67-2332,  Idaho Code.  Such joint powers board or administrator shall
 19    be responsible for establishing, maintaining, operating, enhancing and govern-
 20    ing a consolidated emergency communications  system.  Providing  an  emergency
 21    communications service shall be considered a governmental function.
                                                                        
 22        SECTION  7.  That  Section 31-4806, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        31-4806.  AUTHORIZATION FOR GOVERNING BOARD TO APPOINT OFFICIAL TO  SUPER-
 25    VISE  EMERGENCY  COMMUNICATIONS  SERVICE IN THE ABSENCE OF JOINT POWERS AGREE-
 26    MENT. Whenever the electors approve imposing the telephone line user emergency
 27    communications fee as provided in this chapter,  but  in  the  absence  of  an
 28    agreement  to  form  a joint powers board or administrator as provided in this
 29    chapter, the governing board is hereby authorized to appoint  an  official  or
 30    administrator  to  maintain,  operate, enhance and govern a consolidated emer-
 31    gency communications system.
                                                                        
 32        SECTION 8.  That Section 31-4812, Idaho Code, be, and the same  is  hereby
 33    amended to read as follows:
                                                                        
 34        31-4812.  IMMUNITY AND CONDITIONS OF LIABILITY IN PROVIDING EMERGENCY COM-
 35    MUNICATIONS  SERVICE. In order to further the purposes of this chapter, and to
 36    encourage the development of consolidated  emergency  communications  systems,
 37    the  legislature  finds  that telephone companies providing telecommunications
 38    providers making available consolidated emergency communications  systems  and
 39    related services shall not be subject to liability in conjunction with provid-
 40    ing such services except on the terms stated below.
 41        (1)  No  telephone  company or telecommunications provider shall be liable
 42    to any person for the good faith release to  emergency  communications  system
 43    personnel  of  information not in the public record including, but not limited
 44    to, nonpublished or nonlisted telephone numbers.
 45        (2)  A local exchange telephone company or other telecommunications entity
 46    providing provider making available emergency communications systems  or  ser-
 47    vices, and its employees and agents, shall not be liable in tort to any person
 48    for  damages alleged to have been caused by the design, development, installa-
 49    tion, maintenance or provision of consolidated emergency  communications  sys-
                                                                        
                                           6
                                                                        
  1    tems  or services, unless such entities or persons act with malice or criminal
  2    intent, or commit reckless, willful and wanton conduct.
  3        (3)  For the purposes of this section, "reckless, willful and wanton  con-
  4    duct" is defined as an intentional and knowing action, or failure to act, cre-
  5    ating  an  unreasonable  risk  of  harm  to another, and which involves a high
  6    degree of probability that such harm will result.
                                                                        
  7        SECTION 9.  That Chapter 48, Title 31, Idaho Code, be,  and  the  same  is
  8    hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
  9    nated as Sections 31-4813 and 31-4814, Idaho Code, and to read as follows:
                                                                        
 10        31-4813.  PREPAID CALLING CARDS.  The imposition of the emergency communi-
 11    cations  fee  shall  not  apply  to the prepaid calling cards for all forms of
 12    access fees.
                                                                        
 13        31-4814.  CONFIDENTIAL AND PROPRIETARY DATA. All data submitted to govern-
 14    ing boards by wireless carriers deemed by such carriers  as  confidential  and
 15    proprietary  shall  be deemed to be trade secrets pursuant to chapter 3, title
 16    9, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13090
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 between $3 million
and $4 million.






Contact:
Name: Michael J.  Kane, Idaho Sheriffs Association 
Phone: 208/342-4545


STATEMENT OF PURPOSE/FISCAL NOTE     H 29