2007 Legislation
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HOUSE BILL NO. 123 – Emergency Communication System

HOUSE BILL NO. 123

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Bill Status



H0123aaS...................................................by STATE AFFAIRS
EMERGENCY COMMUNICATIONS - Amends existing law relating to emergency
communications to provide additional legislative findings and intent; to
define terms; to provide for a fee; to provide for the imposition of the
fee; and to provide that prepaid wireline, wireless and VoIP phones with a
service address or place of primary use within Idaho are not considered
prepaid calling cards.

02/07    House intro - 1st rdg - to printing
02/08    Rpt prt - to St Aff
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Bilbao, Schaefer
    Floor Sponsor - Wills
    Title apvd - to Senate
02/27    Senate intro - 1st rdg - to St Aff
03/15    Rpt out - to 14th Ord
03/16    Rpt out amen - to 1st rdg as amen
03/19    1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
      Siddoway, Stegner, Werk
      NAYS -- None
      Absent and excused -- Gannon, Malepeai, Stennett
    Floor Sponsor - Darrington
    Title apvd - to House
03/20    House concurred in Senate amens - to engros
03/21    Rpt engros - 1st rdg - to 2nd rdg as amen
03/22    2nd rdg - to 3rd rdg as amen
03/26    3rd rdg as amen - PASSED - 68-0-2
      AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Anderson, Henderson
    Floor Sponsor - Wills
    Title apvd - to enrol
03/27    Rpt enrol - Sp signed
03/28    Pres signed - To Governor
04/02    Governor signed
         Session Law Chapter 340
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 123
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO EMERGENCY COMMUNICATIONS; AMENDING SECTION 31-4801, IDAHO CODE, TO
  3        PROVIDE A LEGISLATIVE FINDING AND A LEGISLATIVE INTENT AND TO MAKE A TECH-
  4        NICAL CORRECTION; AMENDING SECTION 31-4802, IDAHO CODE, TO REVISE  DEFINI-
  5        TIONS;  AMENDING  SECTION 31-4804, IDAHO CODE, TO PROVIDE FOR A FEE AND TO
  6        PROVIDE FOR THE IMPOSITION OF THE FEE; AND AMENDING SECTION 31-4813, IDAHO
  7        CODE, TO PROVIDE THAT PREPAID WIRELINE, WIRELESS AND VoIP PHONES  ARE  NOT
  8        CONSIDERED PREPAID CALLING CARDS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 31-4801, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        31-4801.  PURPOSE. The legislature recognizes that providing  consolidated
 13    emergency  communications  systems  is  vital  in enhancing the public health,
 14    safety, and welfare of the residents of the state of  Idaho.  The  legislature
 15    further  finds  that there is an obvious need for providing a means to finance
 16    the initiation, maintenance, operation, enhancement and governance of consoli-
 17    dated emergency communications systems.
 18        (1)  The legislature of the state of Idaho finds that:
 19        (a)  Since the original enactment of the emergency communications  act  in
 20        1988,  many of Idaho's communities have found that they are lacking in the
 21        resources to fully fund emergency  communications  systems  at  the  local
 22        level;
 23        (b)  Changes  in  technology  and the rapid growth of communications media
 24        have demonstrated that financing such systems solely by a line  charge  on
 25        subscribers to wire-line wireline services does not reflect utilization of
 26        emergency  communications  systems  by  subscribers  to wireless and other
 27        forms of communications systems;
 28        (c)  There is a need to enhance funding for the initiation and enhancement
 29        of consolidated emergency communications systems throughout the state;
 30        (d)  Utilization of cellular telephones and voice over  internet  protocol
 31        (VoIP)  communications to access emergency communications systems has sub-
 32        stantially increased citizen access to emergency  services  while  at  the
 33        same time increasing demands upon the emergency response system;
 34        (e)  In  order to protect and promote the public health and safety, and to
 35        keep pace with advances in telecommunications technology and  the  various
 36        choices of telecommunications technology available to the public, there is
 37        a  need  to plan and develop a statewide coordinated policy and program to
 38        ensure that enhanced 911 services are available to  all  citizens  of  the
 39        state and in all areas of the state.
 40        (2)  Therefore,  it  is hereby declared that the intent and purpose of the
 41    provisions of this act are to:
 42        (a)  Provide authority to counties and 911  service  areas  to  impose  an
 43        emergency communications fee on the use of both telephone lines, and wire-
                                                                        
                                       2
                                                                        
  1        less,VoIP  or  other communications systems services that connect an indi-
  2        vidual dialing 911 to an established public safety answering point;
  3        (b)  Provide that the emergency communications fee  shall  be  exclusively
  4        utilized  by  the  counties  or 911 service areas electing to impose it to
  5        finance the initiation, maintenance, operation, enhancement and governance
  6        of consolidated emergency systems as well as enhanced  consolidated  emer-
  7        gency systems;
  8        (c)  Provide   for   the  agreed-to  reimbursement  to  telecommunications
  9        providers for their implementation of enhanced consolidated emergency com-
 10        munications systems by counties or 911 service areas that have implemented
 11        enhanced consolidated emergency communications systems.
                                                                        
 12        SECTION 2.  That Section 31-4802, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        31-4802.  DEFINITIONS. As used in this chapter:
 15        (1)  "Access  line"  means  any telephone line, trunk line, network access
 16    register, dedicated radio signal, or equivalent that provides  switched  tele-
 17    communications  access  to a consolidated emergency communications system from
 18    either a service address or a place of primary use within this state.  In  the
 19    case  of  wireless technology, each active dedicated telephone number shall be
 20    considered a single access line.
 21        (2)  "Administrator" means the person, officer  or  agency  designated  to
 22    operate  a  consolidated emergency communications system, and to receive funds
 23    for such an operation.
 24        (3)  "Basic consolidated emergency system"  means  consolidated  emergency
 25    systems that are not enhanced.
 26        (4)  "Consolidated  emergency  communications  system"  means  facilities,
 27    equipment and dispatching services directly related to establishing, maintain-
 28    ing, or enhancing a 911 emergency communications service.
 29        (5)  "Emergency  communications fee" means the fee provided for in section
 30    31-4803, Idaho Code.
 31        (6)  "Enhanced consolidated emergency system" means consolidated emergency
 32    systems that provide enhanced wireless 911 service and include,  but  are  not
 33    limited  to,  the  technological capability to provide call back numbers, cell
 34    site locations, and the location of calls by latitude and longitude  and  made
 35    through the systems of wireless carriers.
 36        (7)  "Governing  board"  means  the joint powers board, if the 911 service
 37    area is a multicounty area, or the board of county commissioners of the county
 38    or the city council if the 911 service area is a city, or both  the  board  of
 39    county  commissioners  and  the  city council if the 911 service area includes
 40    both city and county residents but not the entire county.
 41        (8)  "Interconnected" means the ability of the user to receive calls  from
 42    and terminate calls to the public switched telephone network (PSTN), including
 43    commercial mobile radio service (CMRS) networks.
 44        (9)  "Interconnected  VoIP  service" means a service bearing the following
 45    characteristics:
 46        (a)  The service enables real-time, two-way voice communications;
 47        (b)  The service requires a broadband connection from the user's location;
 48        (c)  The service requires IP-compatible customer premises equipment; and
 49        (d)  The service permits users to receive calls that originate on the pub-
 50        lic switched telephone network (PSTN) and to terminate calls on the PSTN.
 51        (10) "Interconnected VoIP service line" means an interconnected VoIP  ser-
 52    vice  that  offers  an  active telephone number, or successor dialing protocol
 53    assigned by a VoIP provider to a VoIP service  customer  number  that  has  an
                                                                        
                                       3
                                                                        
  1    outbound  calling  capability  of directly accessing a public safety answering
  2    point.
  3        (11) "911 service area" means a  regional,  multicounty,  county  or  area
  4    other  than a whole county in which area the residents have voted to establish
  5    a consolidated emergency communications system.
  6        (912) "Place of primary use" means the residential street address  or  the
  7    primary business street address in Idaho where the customer's use of the wire-
  8    less  or  VoIP  service primarily occurs. For the purposes of 911 fees imposed
  9    upon interconnected VoIP service lines, the place of primary use shall be  the
 10    customer's registered location on the date the customer is billed.
 11        (103) "Telecommunications provider" means any person providing:
 12        (a)  Eexchange  telephone  service to a service address within this state;
 13        or
 14        (b)  Aany wireless carrier providing  telecommunications  service  to  any
 15        customer having a place of primary use within this state; or
 16        (c)  Interconnected VoIP service to any customer having a place of primary
 17        use within this state; or
 18        (d)  A provider of any other communications service that connects an indi-
 19        vidual  having  either  a service address or a place of primary use within
 20        this state to an established public safety answering point by dialing 911.
 21        (14) "VoIP service provider" means  any  person  providing  interconnected
 22    voice over internet protocol (VoIP) service.
 23        (115) "Wireless  carrier" means a cellular licensee, a personal communica-
 24    tions service licensee, and certain specialized mobile radio providers  desig-
 25    nated  as  covered carriers by the federal communications commission in 47 CFR
 26    20.18 and any successor to such rule.
                                                                        
 27        SECTION 3.  That Section 31-4804, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        31-4804.  EMERGENCY  COMMUNICATIONS  FEE. (1) The emergency communications
 30    fee provided pursuant to the provisions of this chapter  shall  be  a  uniform
 31    amount not to exceed one dollar ($1.00) per month per access or interconnected
 32    VoIP  service line, and such fee shall be used exclusively to finance the ini-
 33    tiation, maintenance, operation, enhancement and governance of a  consolidated
 34    emergency  communications system and provide for the reimbursement of telecom-
 35    munications providers for implementing enhanced consolidated emergency systems
 36    as provided for in section 31-4804A, Idaho Code. All emergency  communications
 37    fees  collected  and  expended pursuant to this section shall be audited by an
 38    independent, third party auditor ordinarily retained by  the  governing  board
 39    for auditing purposes. The purpose of the audit as related to emergency commu-
 40    nications systems is to verify the accuracy and completeness of fees collected
 41    and costs expended.
 42        (2)  The fee shall be imposed upon and collected from customers purchasers
 43    of access lines or interconnected VoIP service lines with a service address or
 44    place  of primary use within the county or 911 service area on a monthly basis
 45    by all telecommunications providers that make available access lines  to  per-
 46    sons within the county, or 911 service area, and of such services. The fee may
 47    be listed as a separate item on customers' monthly bills.
 48        (3)  The  telecommunications  providers shall remit such fee to the county
 49    treasurer's office or the administrator for the 911 service  area  based  upon
 50    the  911  service  area  from  which the fees were collected. In the event the
 51    telecommunications provider remits such fees  based upon the emergency  commu-
 52    nications  fee billed to the customer, a deduction shall be allowed for uncol-
 53    lected amounts when such amounts are treated as bad debt for financial report-
                                                                        
                                       4
                                                                        
  1    ing purposes.
  2        (4)  From every remittance to the governing body made  on  or  before  the
  3    date  when  the  same becomes due, the telecommunications provider required to
  4    remit the same shall be entitled to deduct and retain one percent (1%) of  the
  5    collected  amount  as  the  cost  of administration for collecting the charge.
  6    Telecommunications providers will be allowed to list the surcharge as a  sepa-
  7    rate  item on the telephone subscriber's bill, and shall have no obligation to
  8    take any legal action to enforce the collection of any  charge,  nor  be  held
  9    liable for such uncollected amounts.
 10        (5)  Use  of  fees.  The  emergency  communications fee provided hereunder
 11    shall be used only to pay for the lease, purchase or maintenance of  emergency
 12    communications  equipment  for  basic and enhanced consolidated emergency sys-
 13    tems, including necessary computer hardware, software, database  provisioning,
 14    training,  salaries  directly  related  to such systems, costs of establishing
 15    such systems, management, maintenance and operation of hardware  and  software
 16    applications and agreed-to reimbursement costs of telecommunications providers
 17    related  to the operation of such systems. All other expenditures necessary to
 18    operate such systems and other normal and necessary safety or law  enforcement
 19    functions  including,  but not limited to, those expenditures related to over-
 20    head, staffing, dispatching, administrative and other day to  day  operational
 21    expenditures,  shall  continue  to  be paid through the general funding of the
 22    respective governing boards; provided however, that any governing  body  using
 23    the emergency communication fee to pay the salaries of dispatchers as of March
 24    1,  2006,  may  continue to do so until the beginning of such governing body's
 25    2007 fiscal year.
                                                                        
 26        SECTION 4.  That Section 31-4813, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        31-4813.  PREPAID CALLING CARDS.  The imposition of the emergency communi-
 29    cations  fee  shall  not  apply  to the prepaid calling cards for all forms of
 30    access fees. Prepaid wireline, wireless and VoIP  phones  are  not  considered
 31    prepaid calling cards.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved by    Darrington          
                                                                        
                                                     Seconded by McKenzie            
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 123
                                                                        
  1                                AMENDMENT TO SECTION 4
  2        On page 4 of the printed bill, in  line  30,  following  "phones"  insert:
  3    "with a service address or place of primary use within Idaho".
                                                                        
  4                                 CORRECTION TO TITLE
  5        On  page  1, in line 7, following "PHONES" insert: "WITH A SERVICE ADDRESS
  6    OR PLACE OF PRIMARY USE WITHIN IDAHO".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 123, As Amended in the Senate
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO EMERGENCY COMMUNICATIONS; AMENDING SECTION 31-4801, IDAHO CODE, TO
  3        PROVIDE A LEGISLATIVE FINDING AND A LEGISLATIVE INTENT AND TO MAKE A TECH-
  4        NICAL CORRECTION; AMENDING SECTION 31-4802, IDAHO CODE, TO REVISE  DEFINI-
  5        TIONS;  AMENDING  SECTION 31-4804, IDAHO CODE, TO PROVIDE FOR A FEE AND TO
  6        PROVIDE FOR THE IMPOSITION OF THE FEE; AND AMENDING SECTION 31-4813, IDAHO
  7        CODE, TO PROVIDE THAT PREPAID WIRELINE, WIRELESS AND VoIP  PHONES  WITH  A
  8        SERVICE  ADDRESS  OR  PLACE OF PRIMARY USE WITHIN IDAHO ARE NOT CONSIDERED
  9        PREPAID CALLING CARDS.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 31-4801, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        31-4801.  PURPOSE.  The legislature recognizes that providing consolidated
 14    emergency communications systems is vital  in  enhancing  the  public  health,
 15    safety,  and  welfare  of the residents of the state of Idaho. The legislature
 16    further finds that there is an obvious need for providing a means  to  finance
 17    the initiation, maintenance, operation, enhancement and governance of consoli-
 18    dated emergency communications systems.
 19        (1)  The legislature of the state of Idaho finds that:
 20        (a)  Since  the  original enactment of the emergency communications act in
 21        1988, many of Idaho's communities have found that they are lacking in  the
 22        resources  to  fully  fund  emergency  communications systems at the local
 23        level;
 24        (b)  Changes in technology and the rapid growth  of  communications  media
 25        have  demonstrated  that financing such systems solely by a line charge on
 26        subscribers to wire-line wireline services does not reflect utilization of
 27        emergency communications systems by  subscribers  to  wireless  and  other
 28        forms of communications systems;
 29        (c)  There is a need to enhance funding for the initiation and enhancement
 30        of consolidated emergency communications systems throughout the state;
 31        (d)  Utilization  of  cellular telephones and voice over internet protocol
 32        (VoIP) communications to access emergency communications systems has  sub-
 33        stantially  increased  citizen  access  to emergency services while at the
 34        same time increasing demands upon the emergency response system;
 35        (e)  In order to protect and promote the public health and safety, and  to
 36        keep  pace  with advances in telecommunications technology and the various
 37        choices of telecommunications technology available to the public, there is
 38        a need to plan and develop a statewide coordinated policy and  program  to
 39        ensure  that  enhanced  911  services are available to all citizens of the
 40        state and in all areas of the state.
 41        (2)  Therefore, it is hereby declared that the intent and purpose  of  the
 42    provisions of this act are to:
 43        (a)  Provide  authority  to  counties  and  911 service areas to impose an
                                                                        
                                       2
                                                                        
  1        emergency communications fee on the use of both telephone lines, and wire-
  2        less,VoIP or other communications systems services that connect  an  indi-
  3        vidual dialing 911 to an established public safety answering point;
  4        (b)  Provide  that  the  emergency communications fee shall be exclusively
  5        utilized by the counties or 911 service areas electing  to  impose  it  to
  6        finance the initiation, maintenance, operation, enhancement and governance
  7        of  consolidated  emergency systems as well as enhanced consolidated emer-
  8        gency systems;
  9        (c)  Provide  for  the  agreed-to  reimbursement   to   telecommunications
 10        providers for their implementation of enhanced consolidated emergency com-
 11        munications systems by counties or 911 service areas that have implemented
 12        enhanced consolidated emergency communications systems.
                                                                        
 13        SECTION  2.  That  Section 31-4802, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        31-4802.  DEFINITIONS. As used in this chapter:
 16        (1)  "Access line" means any telephone line, trunk  line,  network  access
 17    register,  dedicated  radio signal, or equivalent that provides switched tele-
 18    communications access to a consolidated emergency communications  system  from
 19    either  a  service address or a place of primary use within this state. In the
 20    case of wireless technology, each active dedicated telephone number  shall  be
 21    considered a single access line.
 22        (2)  "Administrator"  means  the  person,  officer or agency designated to
 23    operate a consolidated emergency communications system, and to  receive  funds
 24    for such an operation.
 25        (3)  "Basic  consolidated  emergency  system" means consolidated emergency
 26    systems that are not enhanced.
 27        (4)  "Consolidated  emergency  communications  system"  means  facilities,
 28    equipment and dispatching services directly related to establishing, maintain-
 29    ing, or enhancing a 911 emergency communications service.
 30        (5)  "Emergency communications fee" means the fee provided for in  section
 31    31-4803, Idaho Code.
 32        (6)  "Enhanced consolidated emergency system" means consolidated emergency
 33    systems  that  provide  enhanced wireless 911 service and include, but are not
 34    limited to, the technological capability to provide call  back  numbers,  cell
 35    site  locations,  and the location of calls by latitude and longitude and made
 36    through the systems of wireless carriers.
 37        (7)  "Governing board" means the joint powers board, if  the  911  service
 38    area is a multicounty area, or the board of county commissioners of the county
 39    or  the  city  council if the 911 service area is a city, or both the board of
 40    county commissioners and the city council if the  911  service  area  includes
 41    both city and county residents but not the entire county.
 42        (8)  "Interconnected"  means the ability of the user to receive calls from
 43    and terminate calls to the public switched telephone network (PSTN), including
 44    commercial mobile radio service (CMRS) networks.
 45        (9)  "Interconnected VoIP service" means a service bearing  the  following
 46    characteristics:
 47        (a)  The service enables real-time, two-way voice communications;
 48        (b)  The service requires a broadband connection from the user's location;
 49        (c)  The service requires IP-compatible customer premises equipment; and
 50        (d)  The service permits users to receive calls that originate on the pub-
 51        lic switched telephone network (PSTN) and to terminate calls on the PSTN.
 52        (10) "Interconnected  VoIP service line" means an interconnected VoIP ser-
 53    vice that offers an active telephone number,  or  successor  dialing  protocol
                                                                        
                                       3
                                                                        
  1    assigned  by  a  VoIP  provider  to a VoIP service customer number that has an
  2    outbound calling capability of directly accessing a  public  safety  answering
  3    point.
  4        (11) "911  service  area"  means  a  regional, multicounty, county or area
  5    other than a whole county in which area the residents have voted to  establish
  6    a consolidated emergency communications system.
  7        (912) "Place  of  primary use" means the residential street address or the
  8    primary business street address in Idaho where the customer's use of the wire-
  9    less or VoIP service primarily occurs. For the purposes of  911  fees  imposed
 10    upon  interconnected VoIP service lines, the place of primary use shall be the
 11    customer's registered location on the date the customer is billed.
 12        (103) "Telecommunications provider" means any person providing:
 13        (a)  Eexchange telephone service to a service address within  this  state;
 14        or
 15        (b)  Aany  wireless  carrier  providing  telecommunications service to any
 16        customer having a place of primary use within this state; or
 17        (c)  Interconnected VoIP service to any customer having a place of primary
 18        use within this state; or
 19        (d)  A provider of any other communications service that connects an indi-
 20        vidual having either a service address or a place of  primary  use  within
 21        this state to an established public safety answering point by dialing 911.
 22        (14) "VoIP  service  provider"  means  any person providing interconnected
 23    voice over internet protocol (VoIP) service.
 24        (115) "Wireless carrier" means a cellular licensee, a personal  communica-
 25    tions  service licensee, and certain specialized mobile radio providers desig-
 26    nated as covered carriers by the federal communications commission in  47  CFR
 27    20.18 and any successor to such rule.
                                                                        
 28        SECTION  3.  That  Section 31-4804, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        31-4804.  EMERGENCY COMMUNICATIONS FEE. (1) The  emergency  communications
 31    fee  provided  pursuant  to  the provisions of this chapter shall be a uniform
 32    amount not to exceed one dollar ($1.00) per month per access or interconnected
 33    VoIP service line, and such fee shall be used exclusively to finance the  ini-
 34    tiation,  maintenance, operation, enhancement and governance of a consolidated
 35    emergency communications system and provide for the reimbursement of  telecom-
 36    munications providers for implementing enhanced consolidated emergency systems
 37    as  provided for in section 31-4804A, Idaho Code. All emergency communications
 38    fees collected and expended pursuant to this section shall be  audited  by  an
 39    independent,  third  party  auditor ordinarily retained by the governing board
 40    for auditing purposes. The purpose of the audit as related to emergency commu-
 41    nications systems is to verify the accuracy and completeness of fees collected
 42    and costs expended.
 43        (2)  The fee shall be imposed upon and collected from customers purchasers
 44    of access lines or interconnected VoIP service lines with a service address or
 45    place of primary use within the county or 911 service area on a monthly  basis
 46    by  all  telecommunications providers that make available access lines to per-
 47    sons within the county, or 911 service area, and of such services. The fee may
 48    be listed as a separate item on customers' monthly bills.
 49        (3)  The telecommunications providers shall remit such fee to  the  county
 50    treasurer's  office  or  the administrator for the 911 service area based upon
 51    the 911 service area from which the fees were  collected.  In  the  event  the
 52    telecommunications  provider remits such fees  based upon the emergency commu-
 53    nications fee billed to the customer, a deduction shall be allowed for  uncol-
                                                                        
                                       4
                                                                        
  1    lected amounts when such amounts are treated as bad debt for financial report-
  2    ing purposes.
  3        (4)  From  every  remittance  to  the governing body made on or before the
  4    date when the same becomes due, the telecommunications  provider  required  to
  5    remit  the same shall be entitled to deduct and retain one percent (1%) of the
  6    collected amount as the cost of  administration  for  collecting  the  charge.
  7    Telecommunications  providers will be allowed to list the surcharge as a sepa-
  8    rate item on the telephone subscriber's bill, and shall have no obligation  to
  9    take  any  legal  action  to enforce the collection of any charge, nor be held
 10    liable for such uncollected amounts.
 11        (5)  Use of fees. The  emergency  communications  fee  provided  hereunder
 12    shall  be used only to pay for the lease, purchase or maintenance of emergency
 13    communications equipment for basic and enhanced  consolidated  emergency  sys-
 14    tems,  including necessary computer hardware, software, database provisioning,
 15    training, salaries directly related to such  systems,  costs  of  establishing
 16    such  systems,  management, maintenance and operation of hardware and software
 17    applications and agreed-to reimbursement costs of telecommunications providers
 18    related to the operation of such systems. All other expenditures necessary  to
 19    operate  such systems and other normal and necessary safety or law enforcement
 20    functions including, but not limited to, those expenditures related  to  over-
 21    head,  staffing,  dispatching, administrative and other day to day operational
 22    expenditures, shall continue to be paid through the  general  funding  of  the
 23    respective  governing  boards; provided however, that any governing body using
 24    the emergency communication fee to pay the salaries of dispatchers as of March
 25    1, 2006, may continue to do so until the beginning of  such  governing  body's
 26    2007 fiscal year.
                                                                        
 27        SECTION  4.  That  Section 31-4813, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        31-4813.  PREPAID CALLING CARDS.  The imposition of the emergency communi-
 30    cations fee shall not apply to the prepaid calling  cards  for  all  forms  of
 31    access fees. Prepaid wireline, wireless and VoIP phones with a service address
 32    or place of primary use within Idaho are not considered prepaid calling cards.

Statement of Purpose / Fiscal Impact



                      STATEMENT OF PURPOSE

                            RS 16895


This legislation is intended to provide for a fee and
imposition of a fee for voice over internet protocol
(VOIP)communication.  It also gives definitions of VOIP systems. 
It allows the same fees for this type of communication as other
911 fees in the state.

The rapid technological changes for wire-line service or any
other utilization of emergency communication systems are already
in place.  This simply provides for that same fee to be imposed
for this type of 911 service.  This fee is used for the 911
systems throughout the state.

It allows for a fee not to exceed $1.00 per month per access
line and such fee is used exclusively for initiation,
enhancement, and governance of a consolidated emergency
communication system.


                           FISCAL NOTE

None.




Contact
Name:  Rep. Rich Wills 
Phone: 208-332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                         H 123