2004 Legislation
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HOUSE BILL NO. 692 – Emergency Communications Comm

HOUSE BILL NO. 692

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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