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H0692......................................................by STATE AFFAIRS
EMERGENCY COMMUNICATIONS COMMISSION - Amends and adds to existing law to
create the Idaho Emergency Communications Commission; to provide membership
and terms of office; and to provide purposes and responsibilities of the
commission.
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to St Aff
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 60-10-0
AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,
Deal, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Lake, Langford, Langhorst, Martinez, Meyer, Miller, Mitchell,
Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,
Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
Speaker
NAYS -- Barrett, Crow, Denney, Kulczyk, McGeachin, McKague, Moyle,
Roberts, Sali, Smith(24)
Absent and excused -- None
Floor Sponsors - Campbell, Wills & Langhorst
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to St Aff
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 28-1-6
AYES -- Bailey, Brandt, Bunderson, Burkett(Maxand), Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
Marley, McKenzie, Pearce, Richardson, Sorensen, Stegner, Werk,
Williams
NAYS -- Sweet
Absent and excused -- Andreason, McWilliams, Noble, Noh, Schroeder,
Stennett
Floor Sponsor - Gannon
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed - Pres signed
03/22 To Governor
03/24 Governor signed
Session Law Chapter 325
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 692
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO EMERGENCY COMMUNICATIONS SYSTEMS; AMENDING SECTION 31-4801, IDAHO
3 CODE, TO REVISE LEGISLATIVE PURPOSE AND TO MAKE A TECHNICAL CORRECTION;
4 AMENDING CHAPTER 48, TITLE 31, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS
5 31-4815, 31-4816, 31-4817 AND 31-4818, IDAHO CODE, TO CREATE THE IDAHO
6 EMERGENCY COMMUNICATIONS COMMISSION, TO PROVIDE MEMBERSHIP AND TERMS OF
7 OFFICE, TO PROVIDE PURPOSES AND RESPONSIBILITIES OF THE IDAHO EMERGENCY
8 COMMUNICATIONS COMMISSION, TO PROVIDE MEDIATION BY THE IDAHO EMERGENCY
9 COMMUNICATIONS COMMISSION AND TO CREATE THE IDAHO EMERGENCY COMMUNICATIONS
10 FUND.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 31-4801, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 31-4801. PURPOSE. The legislature recognizes that providing consolidated
15 emergency communications systems is vital in enhancing the public health,
16 safety, and welfare of the residents of the state of Idaho. The legislature
17 further finds that there is an obvious need for providing a means to finance
18 the initiation, maintenance, operation, enhancement and governance of consoli-
19 dated emergency communications systems.
20 (1) The legislature of the state of Idaho finds that:
21 (a) Since the original enactment of the emergency communications act in
22 1988, many of Idaho's communities have found that they are lacking in the
23 resources to fully fund emergency communications systems at the local
24 level;
25 (b) Changes in technology and the rapid growth of communications media
26 have demonstrated that financing such systems solely by a line charge on
27 subscribers to wire-line services does not reflect utilization of emer-
28 gency communications systems by subscribers to wireless and other forms of
29 communications systems;
30 (c) There is a need to enhance funding for the initiation and enhancement
31 of consolidated emergency communications systems throughout the state;
32 (d) Utilization of cellular telephones to access emergency communications
33 systems has substantially increased citizen access to emergency services
34 while at the same time increasing demands upon the emergency response sys-
35 tem.;
36 (e) In order to protect and promote the public health and safety, and to
37 keep pace with advances in telecommunications technology and the various
38 choices of telecommunications technology available to the public, there is
39 a need to plan and develop a statewide coordinated policy and program to
40 ensure that enhanced 911 services are available to all citizens of the
41 state and in all areas of the state. Accordingly, it is the intent of the
42 legislature that the association of Idaho cities and the Idaho association
43 of counties establish a task force composed of county commissioners, sher-
2
1 iffs, city councilmen, police chiefs, fire chiefs, emergency medical ser-
2 vice providers and telecommunications providers. The purpose of the task
3 force is to review and, if appropriate, recommend legislation to the sec-
4 ond regular session of the fifty-seventh Idaho legislature concerning the:
5 (i) governance of 911 emergency communications systems and (ii) the estab-
6 lishment of emergency communications systems for those counties of the
7 state that do not have such systems.
8 (2) Therefore, it is hereby declared that the intent and purpose of the
9 provisions of this act are to:
10 (a) Provide authority to counties and 911 service areas to impose an
11 emergency communications fee on the use of both telephone lines and wire-
12 less communications systems;
13 (b) Provide that the emergency communications fee shall be exclusively
14 utilized by the counties or 911 service areas electing to impose it to
15 finance the initiation, maintenance, operation, enhancement and governance
16 of consolidated emergency systems as well as enhanced consolidated emer-
17 gency systems;
18 (c) Provide for the agreed-to reimbursement to wireless carriers telecom-
19 munications providers for their implementation of enhanced consolidated
20 emergency communications systems by counties or 911 service areas that
21 have implemented enhanced consolidated emergency communications systems.
22 SECTION 2. That Chapter 48, Title 31, Idaho Code, be, and the same is
23 hereby amended by the addition thereto of NEW SECTIONS, to be known and des-
24 ignated as Sections 31-4815, 31-4816, 31-4817 and 31-4818, Idaho Code, and to
25 read as follows:
26 31-4815. CREATION OF IDAHO EMERGENCY COMMUNICATIONS COMMISSION -- TERMS.
27 (1) There is hereby created in the department of administration an Idaho emer-
28 gency communications commission (hereinafter referred to as "the commission")
29 for the purpose of assisting cities, counties, ambulance districts and fire
30 districts in the establishment, management, operations and accountability of
31 consolidated emergency communications systems. Notwithstanding any other pro-
32 vision of law to the contrary, the commission shall, upon being constituted,
33 exercise its powers and duties in accordance with the provisions of this sec-
34 tion relative to consolidated emergency communications in this state estab-
35 lished by enactment of the legislature or by private act.
36 (2) The commission shall be composed of thirteen (13) voting members,
37 with eleven (11) appointed by the governor as follows: one (1) member repre-
38 senting the association of Idaho cities, one (1) member representing the Idaho
39 association of counties, one (1) member representing the Idaho sheriffs' asso-
40 ciation, one (1) member representing the Idaho chiefs of police association,
41 one (1) member representing the Idaho fire chiefs association, one (1) member
42 representing the Idaho prosecuting attorneys association, one (1) member rep-
43 resenting the Idaho state emergency medical services communications center,
44 one (1) member representing the Idaho emergency medical services association,
45 one (1) member representing the public at large and two (2) members represent-
46 ing private industry service providers, one (1) from the wireless industry and
47 one (1) from the traditional phone service industry. The commission shall also
48 include the director of the Idaho state police or a designated representative
49 and the adjutant general or a designated representative. One (1) representa-
50 tive of the attorney general shall serve as a nonvoting ex officio member.
51 (3) Except as provided in this subsection, members of the commission
52 shall be appointed for a term of four (4) years. The following five (5) mem-
53 bers shall be appointed to an initial term of two (2) years: the member repre-
3
1 senting the Idaho fire chiefs association, the member representing the Idaho
2 state emergency medical services communications center, the member represent-
3 ing the Idaho emergency medical services association, the member representing
4 the wireless industry, and one (1) member representing the public. The remain-
5 ing six (6) members appointed by the governor shall be appointed for an ini-
6 tial term of four (4) years. Thereafter, all terms shall be for a period of
7 four (4) years.
8 (4) The commission shall elect a chair and such officers as it may deem
9 necessary and appropriate. The commission shall meet at least annually and at
10 the call of the chair. Members of the commission shall be compensated as pro-
11 vided in section 59-509(b), Idaho Code. Compensation shall be paid from the
12 emergency communications fund created in section 31-4818, Idaho Code.
13 31-4816. IDAHO EMERGENCY COMMUNICATIONS COMMISSION -- PURPOSES AND
14 RESPONSIBILITIES. The purposes and responsibilities of the commission are to:
15 (1) Determine the status and operability of consolidated emergency commu-
16 nications systems statewide;
17 (2) Determine the needs for the upgrade of consolidated emergency commu-
18 nications systems;
19 (3) Determine the costs for the upgrades;
20 (4) Recommend guidelines and standards for operation of consolidated
21 emergency communications systems;
22 (5) Recommend funding mechanisms for future implementation of upgrades;
23 (6) Serve as a conduit for the future allocation of federal grant funds
24 to support the delivery of consolidated emergency communications systems;
25 (7) Report annually to the legislature of the state of Idaho on the
26 planned expenditures for the next fiscal year, the collected revenues and
27 moneys disbursed from the fund and programs or projects in progress, completed
28 or anticipated;
29 (8) Enter into contracts with experts, agents, employees or consultants
30 as may be necessary to carry out the purposes of this chapter; and
31 (9) Promulgate rules pursuant to the provisions of chapter 52, title 67,
32 Idaho Code, to carry out the purposes of the commission's duties.
33 31-4817. IDAHO EMERGENCY COMMUNICATIONS COMMISSION -- MEDIATION. In the
34 event that a dispute arises between local government entities over the gover-
35 nance of operations of consolidated emergency communications systems, those
36 local governments shall be required, prior to initiating any legal action, to
37 submit the contested issue or issues to the commission for purposes of media-
38 tion. The commission shall have sixty (60) days from the date of submission of
39 any issues to mediate and recommend a course of action to the local govern-
40 ments involved in the dispute. Any recommendation of the commission shall be
41 advisory only and shall not be binding on the parties involved. After receipt
42 of any recommendation by the commission, the local governments may accept in
43 whole or in part the recommendations or may initiate legal action as provided
44 by contract or law.
45 31-4818. IDAHO EMERGENCY COMMUNICATIONS FUND -- ESTABLISHMENT AND ADMIN-
46 ISTRATION. (1) There is hereby created within the treasury of the state of
47 Idaho a separate fund known as the Idaho emergency communications fund, which
48 shall consist of moneys received from counties, cities, consolidated emergency
49 communications operations, grants, donations, gifts and revenues from any
50 other source to support the delivery of consolidated emergency communications
51 systems.
52 (2) Moneys in the fund are hereby continuously appropriated and shall be
4
1 utilized exclusively for the purposes set forth in this chapter as determined
2 by the commission.
3 (3) Annually, at the direction of the commission, not more than one per-
4 cent (1%) of the total emergency communications fees collected in the state of
5 Idaho is hereby dedicated for and shall be placed in the fund on a quarterly
6 basis by county, city or consolidated emergency communications systems. The
7 commission, on an annual basis, shall prepare a budget indicating that portion
8 of the fee necessary for the continuous operation of the commission to achieve
9 the purposes of this chapter.
10 (4) The commission shall authorize disbursement of moneys in the fund to
11 eligible entities.
STATEMENT OF PURPOSE
RS 14054
The purpose of this legislation is to implement the
recommendations of the task force on emergency 911 communications
created pursuant to the provisions of section 31-4801, Idaho
Code, as amended by the 1st regular session of the 57th Idaho
Legislature in House Bill 363. This bill contains four new
sections to the emergency communications act that provide for the
creation of an Idaho emergency communications commission; define
the purposes and responsibilities of the commission including a
review of the existing structure, need for upgrades,
recommendation for funding and management of grant funds for 911
purposes; establish a mediation role for the commission when
conflicts occur between local government entities over
governance and other issues related to 911 service; and create an
emergency communications fund that allows the collection of
grants and funds from all sources (including up to 1% of the 911
fees collected by local governments for commission operations)
for the purpose of providing a conduit for funding for 911
communications.
FISCAL IMPACT
There is no fiscal impact to the state's general fund. The
commission will be funded through grant and fee revenues from
local governments and will provide funding to local governments
through grants and sources other than the general fund. Cities
and counties may be required to contribute up to 1% of the 911
fees collected within those jurisdictions to fund commission
operations but not as a contribution for upgrades of systems
throughout the state.
Contact:
Name: Reps. John Campbell, Rich Wills, David Langhorst, Sen. Tom
Gannon
Phone: 208/332-1000
Name: Mike Kane, Idaho Sheriff's Assn 208/342-4545
Daniel G. Chadwick, Idaho Assn of Counties 208/345-9126
Ken Harward, Assn. of Idaho Cities 208/344-8594
STATEMENT OF PURPOSE/FISCAL NOTE H 692