2006 Legislation
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HOUSE BILL NO. 695 – Emergency communication fee, use

HOUSE BILL NO. 695

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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