2003 Legislation
Print Friendly

SENATE BILL NO. 1178 – Emergncy communication/service area

SENATE BILL NO. 1178

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



S1178......................................................by STATE AFFAIRS
EMERGENCY COMMUNICATIONS FEE - Amends existing law as a trailer bill to
House Bill 363 of the 2003 Legislative Session to provide for utilization
of the emergency communications fee by a 911 service area; and to provide
for reimbursement of telecommunications providers.
                                                                        
03/31    Senate intro - 1st rdg - to printing
04/01    Rpt prt - to St Aff
    Rpt out - rec d/p - to 2nd rdg
04/02    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Goedde, McWilliams
    Floor Sponsor - Sorensen
    Title apvd - to House
04/04    House intro - 1st rdg - to St Aff
04/08    Rpt out - rec d/p - to 2nd rdg
04/09    2nd rdg - to 3rd rdg
04/14    3rd rdg - PASSED - 57-7-6
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Deal, Denney,
      Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,
      Garrett, Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,
      Martinez, Meyer, Miller, Mitchell, Naccarato, Nielsen, Raybould,
      Ring(Roberge), Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Tilman, Trail(Young), Wills
      NAYS -- Barrett, Harwood, Kulczyk, McGeachin, McKague, Moyle, Wood
      Absent and excused -- Bradford(Larsen), Crow, Cuddy, Eberle,
      Ridinger, Mr. Speaker
    Floor Sponsor - Black
    Title apvd - to Senate
04/15    To enrol
04/16    Rpt enrol - Pres signed
04/17    Sp signed
04/18    To Governor
04/23    Governor signed
         Session Law Chapter 311
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1178
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE EMERGENCY COMMUNICATIONS ACT; AMENDING SECTION 31-4801,  IDAHO
  3        CODE,  AS  AMENDED BY HOUSE BILL 363, AS ENACTED BY THE FIRST REGULAR SES-
  4        SION OF THE FIFTY-SEVENTH IDAHO LEGISLATURE, TO PROVIDE FOR UTILIZATION OF
  5        THE EMERGENCY COMMUNICATIONS FEE BY A 911 SERVICE AREA; AND AMENDING  SEC-
  6        TION  31-4804, IDAHO CODE, AS AMENDED BY HOUSE BILL 363, AS ENACTED BY THE
  7        FIRST REGULAR SESSION OF THE FIFTY-SEVENTH IDAHO LEGISLATURE,  TO  PROVIDE
  8        FOR REIMBURSEMENT OF TELECOMMUNICATIONS PROVIDERS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  31-4801,  Idaho Code, as amended by House Bill
 11    363, as enacted by the First Regular Session of the Fifty-seventh Idaho Legis-
 12    lature, be, and the same is amended to read as follows:
                                                                        
 13        31-4801.  PURPOSE. The legislature recognizes that providing  consolidated
 14    emergency  communications  systems  is  vital  in enhancing the public health,
 15    safety, and welfare of the residents of the state of  Idaho.  The  legislature
 16    further  finds  that there is an obvious need for providing a means to finance
 17    the initiation, maintenance, operation, enhancement and governance of consoli-
 18    dated emergency communications systems.
 19        (1)  The legislature of the state of Idaho finds that:
 20        (a)  Since the original enactment of the emergency communications  act  in
 21        1988,  many of Idaho's communities have found that they are lacking in the
 22        resources to fully fund emergency  communications  systems  at  the  local
 23        level;
 24        (b)  Changes  in  technology  and the rapid growth of communications media
 25        have demonstrated that financing such systems solely by a line  charge  on
 26        subscribers  to  wire-line  services does not reflect utilization of emer-
 27        gency communications systems by subscribers to wireless and other forms of
 28        communications systems;
 29        (c)  There is a need to enhance funding for the initiation and enhancement
 30        of consolidated emergency communications systems throughout the state;
 31        (d)  Utilization of cellular telephones to access emergency communications
 32        systems has substantially increased citizen access to  emergency  services
 33        while at the same time increasing demands upon the emergency response sys-
 34        tem.
 35        (e)  In  order to protect and promote the public health and safety, and to
 36        keep pace with advances in telecommunications technology and  the  various
 37        choices of telecommunications technology available to the public, there is
 38        a  need  to plan and develop a statewide coordinated policy and program to
 39        ensure that enhanced 911 services are available to  all  citizens  of  the
 40        state  and in all areas of the state. Accordingly, it is the intent of the
 41        legislature that the association of Idaho cities and the Idaho association
 42        of counties establish a task force composed of county commissioners, sher-
 43        iffs, city councilmen, police chiefs, fire chiefs, emergency medical  ser-
                                                                        
                                           2
                                                                        
  1        vice  providers  and telecommunications providers. The purpose of the task
  2        force is to review and, if appropriate, recommend legislation to the  sec-
  3        ond regular session of the fifty-seventh Idaho legislature concerning the:
  4        (i) governance of 911 emergency communications systems and (ii) the estab-
  5        lishment  of  emergency  communications systems for  those counties of the
  6        state that do not have such systems.
  7        (2)  Therefore, it is hereby declared that the intent and purpose  of  the
  8    provisions of this act are to:
  9        (a)  Provide  authority  to  counties  and  911 service areas to impose an
 10        emergency communications fee on the use of both telephone lines and  wire-
 11        less communications systems;
 12        (b)  Provide  that  the  emergency communications fee shall be exclusively
 13        utilized by the counties or 911 service areas electing  to  impose  it  to
 14        finance the initiation, maintenance, operation, enhancement and governance
 15        of  consolidated  emergency systems as well as enhanced consolidated emer-
 16        gency systems;
 17        (c)  Provide for the agreed-to  reimbursement  to  wireless  carriers  for
 18        their  implementation  of  enhanced  consolidated emergency communications
 19        systems by counties or 911 service areas that  have  implemented  enhanced
 20        consolidated emergency communications systems.
                                                                        
 21        SECTION  2.  That  Section  31-4804,  Idaho Code, as amended by House Bill
 22    363, as enacted by the First Regular Session of the Fifty-seventh Idaho Legis-
 23    lature, be, and the same is amended to read as follows:
                                                                        
 24        31-4804.  EMERGENCY COMMUNICATIONS FEE. (1) The  emergency  communications
 25    fee  provided  pursuant  to  the provisions of this chapter shall be a uniform
 26    amount not to exceed one dollar ($1.00) per month per access  line,  and  such
 27    fee  shall  be used exclusively to finance the initiation, maintenance, opera-
 28    tion, enhancement and governance of a  consolidated  emergency  communications
 29    system  and  provide for the reimbursement of wireless carriers telecommunica-
 30    tions providers for implementing enhanced consolidated  emergency  systems  as
 31    provided  for  in  section  31-4804A, Idaho Code. All emergency communications
 32    fees collected and expended pursuant to this section shall be  audited  by  an
 33    independent,  third  party  auditor ordinarily retained by the governing board
 34    for auditing purposes. The purpose of the audit as related to emergency commu-
 35    nications systems is to verify the accuracy and completeness of fees collected
 36    and costs expended.
 37        (2)  The fee shall be collected from customers on a monthly basis  by  all
 38    telecommunications  providers  that  make  available  access  lines to persons
 39    within the county, or 911 service area, and may be listed as a  separate  item
 40    on customers' monthly bills.
 41        (3)  The  telecommunications  providers shall remit such fee to the county
 42    treasurer's office or the administrator for the 911 service  area  based  upon
 43    the  911  service  area  from  which the fees were collected. In the event the
 44    telecommunications provider remits such fees based upon the emergency communi-
 45    cations fee billed to the customer, a deduction shall be  allowed  for  uncol-
 46    lected amounts when such amounts are treated as bad debt for financial report-
 47    ing purposes.
 48        (4)  From  every  remittance  to  the governing body made on or before the
 49    date when the same becomes due, the telecommunications  provider  required  to
 50    remit  the same shall be entitled to deduct and retain one percent (1%) of the
 51    collected amount as the cost of  administration  for  collecting  the  charge.
 52    Telecommunications  providers will be allowed to list the surcharge as a sepa-
 53    rate item on the telephone subscriber's bill, and shall have no obligation  to
                                                                        
                                           3
                                                                        
  1    take  any  legal  action  to enforce the collection of any charge, nor be held
  2    liable for such uncollected amounts.
  3        (5)  Use of fees. The  emergency  communications  fee  provided  hereunder
  4    shall  be used only to pay for the lease, purchase or maintenance of emergency
  5    communications equipment for basic and enhanced  consolidated  emergency  sys-
  6    tems,  including necessary computer hardware, software, database provisioning,
  7    training, salaries directly related to such  systems,  costs  of  establishing
  8    such   systems,   and  agreed-to  reimbursement  costs  of  telecommunications
  9    providers related to the operation of such  systems.  All  other  expenditures
 10    necessary to operate such systems and other normal and necessary safety or law
 11    enforcement  functions  including,  but  not  limited  to,  those expenditures
 12    related to overhead, staffing, administrative and other day to day operational
 13    expenditures, shall continue to be paid through the  general  funding  of  the
 14    respective governing boards.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13250
     The purpose of this legislation is to make two technical
corrections to House Bill 363.
     The first correction is to add language that was
inadvertently dropped on page 2, line 26 of House Bill 363, and
merely requires the insertion of the words "or 911 service area"
after the word "counties."
     The second correction provides the replacement of the words
"wireless carriers" on page 4, line 51 of House Bill 363, with
the words "telecommunications providers," which are the correct
terms used consistently throughout House Bill 363.  
     These terms were agreed to by the sponsors and were intended
to be correctly stated in House Bill 363.
                          FISCAL IMPACT
     This bill will have no impact on the General Fund or any
local governmental entity.


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




STATEMENT OF PURPOSE/FISCAL NOTE                      S 1178