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H0695aaS...................................................by STATE AFFAIRS
EMERGENCY COMMUNICATIONS FEE - Amends existing law relating to the
emergency communications fee to provide that the fee may be used for the
management, maintenance and operation of hardware and software
applications; to reference dispatching for purposes of general funding
payments; and to provide for application.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to St Aff
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge,
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
Speaker
NAYS -- None
Absent and excused -- Black, Crow, Deal, Field(18)
Floor Sponsor - Wills
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to St Aff
03/07 Rpt out - to 14th Ord
03/16 Rpt out amen - to 1st rdg as amen
03/17 1st rdg - to 2nd rdg as amen
03/20 2nd rdg - to 3rd rdg as amen
03/21 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw,
Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon,
Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Burkett
Floor Sponsor - McKenzie
Title apvd - to House
03/22 House concurred in Senate amens - to engros
03/23 Rpt engros - 1st rdg - to 2nd rdg as amen
03/24 2nd rdg - to 3rd rdg as amen
03/27 3rd rdg as amen - PASSED - 63-0-7
AYES -- Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Jaquet, Kemp,
Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Anderson, Clark, Henbest, Henderson, Smith(24),
Smylie, Snodgrass
Floor Sponsor - Wills
Title apvd - to enrol
03/28 Rpt enrol - Sp signed
03/29 Pres signed - To Governor
03/30 Governor signed
Session Law Chapter 238
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 695
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE EMERGENCY COMMUNICATIONS FEE; AMENDING SECTION 31-4804, IDAHO
3 CODE, TO PROVIDE THAT THE FEE MAY BE USED FOR THE MANAGEMENT, MAINTENANCE
4 AND OPERATION OF HARDWARE AND SOFTWARE APPLICATIONS AND TO REFERENCE DIS-
5 PATCHING FOR PURPOSES OF GENERAL FUNDING PAYMENTS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 31-4804, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 31-4804. EMERGENCY COMMUNICATIONS FEE. (1) The emergency communications
10 fee provided pursuant to the provisions of this chapter shall be a uniform
11 amount not to exceed one dollar ($1.00) per month per access line, and such
12 fee shall be used exclusively to finance the initiation, maintenance, opera-
13 tion, enhancement and governance of a consolidated emergency communications
14 system and provide for the reimbursement of telecommunications providers for
15 implementing enhanced consolidated emergency systems as provided for in sec-
16 tion 31-4804A, Idaho Code. All emergency communications fees collected and
17 expended pursuant to this section shall be audited by an independent, third
18 party auditor ordinarily retained by the governing board for auditing pur-
19 poses. The purpose of the audit as related to emergency communications systems
20 is to verify the accuracy and completeness of fees collected and costs
21 expended.
22 (2) The fee shall be collected from customers on a monthly basis by all
23 telecommunications providers that make available access lines to persons
24 within the county, or 911 service area, and may be listed as a separate item
25 on customers' monthly bills.
26 (3) The telecommunications providers shall remit such fee to the county
27 treasurer's office or the administrator for the 911 service area based upon
28 the 911 service area from which the fees were collected. In the event the
29 telecommunications provider remits such fees based upon the emergency communi-
30 cations fee billed to the customer, a deduction shall be allowed for uncol-
31 lected amounts when such amounts are treated as bad debt for financial report-
32 ing purposes.
33 (4) From every remittance to the governing body made on or before the
34 date when the same becomes due, the telecommunications provider required to
35 remit the same shall be entitled to deduct and retain one percent (1%) of the
36 collected amount as the cost of administration for collecting the charge.
37 Telecommunications providers will be allowed to list the surcharge as a sepa-
38 rate item on the telephone subscriber's bill, and shall have no obligation to
39 take any legal action to enforce the collection of any charge, nor be held
40 liable for such uncollected amounts.
41 (5) Use of fees. The emergency communications fee provided hereunder
42 shall be used only to pay for the lease, purchase or maintenance of emergency
43 communications equipment for basic and enhanced consolidated emergency sys-
2
1 tems, including necessary computer hardware, software, database provisioning,
2 training, salaries directly related to such systems, costs of establishing
3 such systems, management, maintenance and operation of hardware and software
4 applications and agreed-to reimbursement costs of telecommunications providers
5 related to the operation of such systems. All other expenditures necessary to
6 operate such systems and other normal and necessary safety or law enforcement
7 functions including, but not limited to, those expenditures related to over-
8 head, staffing, dispatching, administrative and other day to day operational
9 expenditures, shall continue to be paid through the general funding of the
10 respective governing boards.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by McKenzie
Seconded by Stegner
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 695
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, in line 10, delete "boards" and insert:
3 "boards; provided however, that any governing body using the emergency commu-
4 nication fee to pay the salaries of dispatchers as of March 1, 2006, may con-
5 tinue to do so until the beginning of such governing body's 2007 fiscal year".
6 CORRECTIONS TO TITLE
7 On page 1, in line 4, delete "APPLICATIONS AND TO" and insert:
8 "APPLICATIONS, TO"; and in line 5, following "PAYMENTS" insert: "AND TO PRO-
9 VIDE FOR APPLICATION".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 695, As Amended in the Senate
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE EMERGENCY COMMUNICATIONS FEE; AMENDING SECTION 31-4804, IDAHO
3 CODE, TO PROVIDE THAT THE FEE MAY BE USED FOR THE MANAGEMENT, MAINTENANCE
4 AND OPERATION OF HARDWARE AND SOFTWARE APPLICATIONS, TO REFERENCE DIS-
5 PATCHING FOR PURPOSES OF GENERAL FUNDING PAYMENTS AND TO PROVIDE FOR
6 APPLICATION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 31-4804, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 31-4804. EMERGENCY COMMUNICATIONS FEE. (1) The emergency communications
11 fee provided pursuant to the provisions of this chapter shall be a uniform
12 amount not to exceed one dollar ($1.00) per month per access line, and such
13 fee shall be used exclusively to finance the initiation, maintenance, opera-
14 tion, enhancement and governance of a consolidated emergency communications
15 system and provide for the reimbursement of telecommunications providers for
16 implementing enhanced consolidated emergency systems as provided for in sec-
17 tion 31-4804A, Idaho Code. All emergency communications fees collected and
18 expended pursuant to this section shall be audited by an independent, third
19 party auditor ordinarily retained by the governing board for auditing pur-
20 poses. The purpose of the audit as related to emergency communications systems
21 is to verify the accuracy and completeness of fees collected and costs
22 expended.
23 (2) The fee shall be collected from customers on a monthly basis by all
24 telecommunications providers that make available access lines to persons
25 within the county, or 911 service area, and may be listed as a separate item
26 on customers' monthly bills.
27 (3) The telecommunications providers shall remit such fee to the county
28 treasurer's office or the administrator for the 911 service area based upon
29 the 911 service area from which the fees were collected. In the event the
30 telecommunications provider remits such fees based upon the emergency communi-
31 cations fee billed to the customer, a deduction shall be allowed for uncol-
32 lected amounts when such amounts are treated as bad debt for financial report-
33 ing purposes.
34 (4) From every remittance to the governing body made on or before the
35 date when the same becomes due, the telecommunications provider required to
36 remit the same shall be entitled to deduct and retain one percent (1%) of the
37 collected amount as the cost of administration for collecting the charge.
38 Telecommunications providers will be allowed to list the surcharge as a sepa-
39 rate item on the telephone subscriber's bill, and shall have no obligation to
40 take any legal action to enforce the collection of any charge, nor be held
41 liable for such uncollected amounts.
42 (5) Use of fees. The emergency communications fee provided hereunder
43 shall be used only to pay for the lease, purchase or maintenance of emergency
2
1 communications equipment for basic and enhanced consolidated emergency sys-
2 tems, including necessary computer hardware, software, database provisioning,
3 training, salaries directly related to such systems, costs of establishing
4 such systems, management, maintenance and operation of hardware and software
5 applications and agreed-to reimbursement costs of telecommunications providers
6 related to the operation of such systems. All other expenditures necessary to
7 operate such systems and other normal and necessary safety or law enforcement
8 functions including, but not limited to, those expenditures related to over-
9 head, staffing, dispatching, administrative and other day to day operational
10 expenditures, shall continue to be paid through the general funding of the
11 respective governing boards; provided however, that any governing body using
12 the emergency communication fee to pay the salaries of dispatchers as of March
13 1, 2006, may continue to do so until the beginning of such governing body's
14 2007 fiscal year.
STATEMENT OF PURPOSE
RS 15926
The purpose of this bill is to clarify that 911 fees are not to
be used to pay for dispatching, but may be used to pay for
salaries of persons charged with management duties pertaining to
hardware and software applications pertinent to 911 centers.
FISCAL NOTE
There will be no impact on the general fund of the state as a
result of this bill.
Contact
Name: Michael J. Kane, Idaho Sheriffs Association
Phone: (208) 342-4545
STATEMENT OF PURPOSE/FISCAL NOTE H 695