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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
|||| 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
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