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H0447aa,aaS................................................by STATE AFFAIRS
EMERGENCY COMMUNICATIONS - Amends existing law relating to the Idaho
Communications Act to provide for investment of fund moneys; and to provide
for an enhanced emergency communications grant fee.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to Rev/Tax
02/08 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/14 To Gen Ord
02/20 Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/25 3rd rdg as amen - PASSED - 63-3-4
AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake,
LeFavour, Loertscher, Luker, Mathews, Mortimer, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rusche,
Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively,
Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson, Thayn, Thomas,
Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Marriott, McGeachin, Patrick
Absent and excused -- Anderson, Kren, Ruchti, Trail
Floor Sponsor - Wills
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to St Aff
03/04 Rpt out - to 14th Ord
03/26 Rpt out amen - to 1st rdg as amen
03/27 1st rdg - to 2nd rdg as amen
03/28 2nd rdg - to 3rd rdg as amen
03/31 3rd rdg as amen - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon(Gannon),
Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough,
Little, Lodge, Malepeai(Sagness), McGee, McKague, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Langhorst, McKenzie, Pearce
Floor Sponsor - Darrington
Title apvd - to House
04/01 House concurred in Senate amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 64-0-6
AYES -- Andrus, Barrett, Bayer, Bell, Bilbao, Block, Bock, Boe, Bolz,
Bowers, Brackett, Bradford, Chavez, Chew, Clark, Collins, Crane,
Durst, Eskridge, Hagedorn, Hart, Harwood, Henderson, Jaquet, Killen,
King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott,
Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart,
Patrick, Pence, Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Anderson, Bedke, Black, Chadderdon, Henbest,
Schaefer
Floor Sponsor - Wills
Title apvd - to enrol - Rpt enrol - Sp signed
04/02 Pres signed - To Governor
04/09 Governor signed
Session Law Chapter 379
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 447 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO EMERGENCY COMMUNICATIONS ACT; AMENDING SECTION 31-4803, 3 IDAHO CODE, TO REVISE AN EFFECTIVE DATE; AMENDING SECTION 31-4804, IDAHO 4 CODE, TO PROVIDE FOR AN ADDITIONAL FEE AND TO MAKE TECHNICAL CORRECTIONS; 5 AND AMENDING SECTION 31-4818, IDAHO CODE, TO PROVIDE FOR DEDICATION AND 6 AUTHORIZATION FOR DISBURSEMENT OF CERTAIN MONEYS TO CERTAIN ENTITIES FOR 7 CERTAIN PURPOSES, TO PROVIDE FOR INVESTMENT OF FUND MONEYS AND TO MAKE A 8 TECHNICAL CORRECTION. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 31-4803, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 31-4803. AUTHORITY TO ESTABLISH AND FOR VOTERS TO APPROVE FUNDING FOR A 13 CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEM. (1) The board of commissioners 14 of any county may establish a consolidated emergency communications system by 15 virtue of authority granted by this chapter or by chapter 23, title 67, Idaho 16 Code. The service area may be regional, multicounty, countywide, or any part 17 or parts of the county, and may include or exclude a city or cities. If the 18 board of county commissioners has adopted a resolution stating that the county 19 is unable to establish a countywide consolidated emergency communications sys- 20 tem, or if the voters reject a countywide consolidated 911 system, then a 911 21 service area may be established by action of any city or cities within the 22 county. The 911 service area shall be described in the ordinance of creation. 23 The ordinance shall further provide for an election on the question as pro- 24 vided in subsection (2) of this section. The ordinance of creation shall 25 define the governing board, designate the administrator, and the agency to 26 service the 911 calls. The costs of the election ordered by the county shall 27 be a proper charge against the county current expense fund. The costs of the 28 election for a 911 service area shall be a proper charge against the city or 29 cities initiating the election. 30 (2) The voters of any county or 911 service area may authorize funding to 31 support implementation of a consolidated emergency communications system pur- 32 suant to the provisions of this chapter. The authorization to provide such 33 funding must be made by the registered voters of the county or of the 911 ser- 34 vice area at either a primary or general election. A notice for any election 35 shall be published for twenty (20) days as required by section 60-109, Idaho 36 Code. A sixty percent (60%) majority of the votes cast in favor of the ques- 37 tion shall be necessary to authorize the emergency communications fee. 38 (3) If a 911 system is to be financed in whole or in part by an emergency 39 communications fee, the governing board shall submit the question to the 40 electors of the county or 911 service area in substantially the following 41 form: 42 "Shall the governing board of ............ be authorized to institute 43 an emergency communications fee in an amount no greater than one dol- 2 1 lar ($l.00) per month to be used to fund an emergency telephone sys- 2 tem, commonly known as 911 service?". 3 (4) No emergency communications fee for a consolidated emergency communi- 4 cations system shall be charged without voter approval as provided in subsec- 5 tion (2) of this section. 6 (5) Any net savings in operating expenditures realized by any taxing dis- 7 trict utilizing a consolidated emergency communications system shall be used 8 by that taxing district for a reduction in the property tax charges of that 9 taxing district. 10 (6) If the voters of any county or 911 service area have previously 11 approved funding of a consolidated emergency communications system in the man- 12 ner provided in subsections (2) and (3) of this section, no further vote is 13 necessary to authorize the emergency communications fee set forth in this act. 14 (7) EffectiveOctober 1, 2004July 1, 2008, and every year thereafter, 15 the emergency communications fee provided for in this act shall be reviewed 16 and modified as required by this subsection by the board of commissioners of a 17 countywide system or by the governing board of a 911 service area as follows: 18 (a) The level of the emergency communications fee shall be reviewed and, 19 as appropriate and necessary, readjusted by action of the board of commis- 20 sioners or the governing board on an annual basis. The board of commis- 21 sioners or governing board shall set the level of the fee based upon the 22 revenue requirements necessary to implement an annual budget prepared 23 under the direction of the board of commissioners or governing board for 24 the initiation, maintenance, operation, enhancement and governance of a 25 consolidated emergency communications system, including both basic and, if 26 applicable, enhanced consolidated emergency systems. 27 (b) The revenues from emergency communications fees shall be exclusively 28 expended pursuant to the budget established in paragraph (a) of this sub- 29 section. Use of such revenues for any other purpose is expressly prohib- 30 ited. 31 (c) The process of reviewing and setting the level of emergency communi- 32 cations fees shall be governed by the meeting and public notice provisions 33 of section 31-710(4), Idaho Code. For the purposes of this section, the 34 setting of a fee shall be deemed to be the promulgation of a rule such 35 that public participation provisions of section 67-5222, Idaho Code, shall 36 apply to the meetings of the board of commissioners or of a governing 37 board pursuant to this section. 38 SECTION 2. That Section 31-4804, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 31-4804. EMERGENCY COMMUNICATIONS FEES. (1) The emergency communications 41 fee provided pursuant to the provisions of this chapter shall be a uniform 42 amount not to exceed one dollar ($1.00) per month per access or interconnected 43 VoIP service line, and such fee shall be used exclusively to finance the ini- 44 tiation, maintenance, operation, enhancement and governance of a consolidated 45 emergency communications system and provide for the reimbursement of telecom- 46 munications providers for implementing enhanced consolidated emergency systems 47 as provided for in section 31-4804A, Idaho Code. In addition to the fee which 48 shall not exceed one dollar ($1.00), an additional twenty-five cent (25¢) fee 49 shall be collected per month per access or interconnected VoIP service line. 50 The county treasurer's office or the administrator for the 911 service area 51 from which the fees were collected shall retain the full amount of the fee 52 that was set by the board of commissioners or governing board pursuant to sec- 53 tion 31-4803(7), Idaho Code. The remaining funds from the fees collected shall 3 1 then be remitted to the Idaho emergency communications commission pursuant to 2 section 31-4818, Idaho Code. All emergency communications fees collected and 3 expended pursuant to this section shall be audited by an independent, third 4 party auditor ordinarily retained by the governing board for auditing pur- 5 poses. The purpose of the audit as related to emergency communications systems 6 is to verify the accuracy and completeness of fees collected and costs 7 expended. 8 (2) The fees shall be imposed upon and collected from purchasers of 9 access lines or interconnected VoIP service lines with a service address or 10 place of primary use within the county or 911 service area on a monthly basis 11 by all telecommunications providers of such services. The fees may be listed 12 as a separate item on customers' monthly bills. 13 (3) The telecommunications providers shall remit such fees to the county 14 treasurer's office or the administrator for the 911 service area based upon 15 the 911 service area from which the fees were collected. In the event the 16 telecommunications provider remits such fees based upon the emergency communi- 17 cations fees billed to the customer, a deduction shall be allowed for uncol- 18 lected amounts when such amounts are treated as bad debt for financial report- 19 ing purposes. 20 (4) From every remittance to the governing body made on or before the 21 date when the same becomes due, the telecommunications provider required to 22 remit the same shall be entitled to deduct and retain one percent (1%) of the 23 collected amount as the cost of administration for collecting the charge. 24 Telecommunications providers will be allowed to list the surcharge as a sepa- 25 rate item on the telephone subscriber's bill, and shall have no obligation to 26 take any legal action to enforce the collection of any charge, nor be held 27 liable for such uncollected amounts. 28 (5) Use of fees. The emergency communications fees provided hereunder 29 shall be used only to pay for the lease, purchase or maintenance of emergency 30 communications equipment for basic and enhanced consolidated emergency sys- 31 tems, including necessary computer hardware, software, database provisioning, 32 training, salaries directly related to such systems, costs of establishing 33 such systems, management, maintenance and operation of hardware and software 34 applications and agreed-to reimbursement costs of telecommunications providers 35 related to the operation of such systems. All other expenditures necessary to 36 operate such systems and other normal and necessary safety or law enforcement 37 functions including, but not limited to, those expenditures related to over- 38 head, staffing, dispatching, administrative and other day to day operational 39 expenditures, shall continue to be paid through the general funding of the 40 respective governing boards; provided however, that any governing body using 41 the emergency communications fees to pay the salaries of dispatchers as of 42 March 1, 2006, may continue to do so until the beginning of such governing 43 body's 2007 fiscal year. 44 SECTION 3. That Section 31-4818, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 31-4818. IDAHO EMERGENCY COMMUNICATIONS FUND -- ESTABLISHMENT AND ADMIN- 47 ISTRATION. (1) There is hereby created within the treasury of the state of 48 Idaho a separate fund known as the Idaho emergency communications fund, which 49 shall consist of moneys received from counties, cities, consolidated emergency 50 communications operations, grants, donations, gifts and revenues from any 51 other source to support the delivery of consolidated emergency communications 52 systems. 53 (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 fees necessary for the continuous operation of the commission to 9 achieve the purposes of this chapter. 10 (4) Annually, at the direction of tThe commission,shall authorize dis-11bursement ofthe moneysin the fund to eligible entitiesremaining from the 12 collection of the emergency communications fees pursuant to section 31-4804, 13 Idaho Code, are hereby dedicated for and shall be authorized for disbursement 14 to eligible entities that are operating consolidated emergency communications 15 systems for use to achieve the purposes of this chapter and in accordance with 16 the administrative rules of the commission. 17 (5) The state treasurer shall invest idle moneys in the fund and interest 18 earned from such investments shall be returned to the fund.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by McKenzie Seconded by Davis IN THE SENATE SENATE AMENDMENT TO H.B. NO. 447, As Amended 1 AMENDMENT TO SECTION 3 2 On page 4 of the engrossed bill, delete lines 4 through 17 and insert: 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.". 12 AMENDMENTS TO THE BILL 13 On page 1, delete lines 11 through 43; on page 2, delete lines 1 through 14 53; on page 3, delete lines 1 through 44; and in line 45, delete "SECTION 3" 15 and insert: "SECTION 1"; and on page 4, following line 19, insert: 16 "SECTION 2. That Chapter 48, Title 31, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 18 ignated as Section 31-4819, Idaho Code, and to read as follows: 19 31-4819. ENHANCED EMERGENCY COMMUNICATIONS GRANT FEE. (1) Effective from 20 July 1, 2008, through June 30, 2014, there shall be an enhanced emergency com- 21 munications grant fee established by virtue of authority granted by this chap- 22 ter. The fee shall be twenty-five cents (25¢) per month per access of inter- 23 connected VoIP service line. 24 (a) Such fee shall be authorized by resolution of a majority vote of the 25 board of commissioners of a countywide system or by the governing board of 26 a 911 service area. 27 (b) Such fee shall be remitted to the Idaho emergency communications fund 28 provided in section 31-4818(1), Idaho Code, on a quarterly basis by 29 county, city or consolidated emergency communications systems. Such fee 30 shall be dedicated for and shall be authorized for disbursement as grants 31 to eligible entities that are operating consolidated emergency communica- 32 tions systems for use to achieve the purposes of this chapter. 33 (c) The commission, on an annual basis, shall prepare a budget allocating 34 the grant funds available to eligible entities and the portion of the 35 funds necessary for the continuous operation of the commission to achieve 36 the purposes of this chapter. 37 (d) To be eligible for grant funds under this chapter, a county or 911 38 service area must be collecting the emergency communications fee in accor- 39 dance with section 31-4804, Idaho Code, in the full amount authorized and 40 must also be collecting the enhanced emergency communications grant fee in 2 1 the full amount authorized in this subsection. 2 (e) If a county or 911 service area has authorized the collection of the 3 enhanced emergency communications grant fee pursuant to this chapter, such 4 county or 911 service area shall retain the full amount of the emergency 5 communications fee that was set by the board of commissioners or governing 6 board pursuant to section 31-4803, Idaho Code. The county or 911 service 7 area is then also exempt from remitting to the Idaho emergency communica- 8 tions commission one percent (1%) of the total emergency communications 9 fee received by the county or 911 service area as required in section 10 31-4818(3), Idaho Code. The remaining funds from the enhanced emergency 11 communications grant fee collected shall then be remitted by the county or 12 911 service area to the Idaho emergency communications commission. 13 (2) On and after July 1, 2014, the collection of the emergency communica- 14 tions fee shall revert to the provisions of sections 31-4801 through 31-4818, 15 Idaho Code.". 16 CORRECTIONS TO TITLE 17 On page 1, in line 2, delete "AMENDING SECTION 31-4803,"; and delete lines 18 3 through 9 and insert: "AMENDING SECTION 31-4818, IDAHO CODE, TO PROVIDE FOR 19 INVESTMENT OF FUND MONEYS; AND AMENDING CHAPTER 48, TITLE 31, IDAHO CODE, BY 20 THE ADDITION OF A NEW SECTION 31-4819, IDAHO CODE, TO PROVIDE FOR AN ENHANCED 21 EMERGENCY COMMUNICATIONS GRANT FEE.". 3 Moved by Wills Seconded by Bedke IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 447 1 AMENDMENTS TO SECTION 2 2 On page 2 of the printed bill, in line 48, following "($1.00)," insert: 3 "from July 1, 2008, through June 30, 2014,". 4 AMENDMENTS TO SECTION 3 5 On page 4, delete lines 3 through 6, and insert: 6 "(3)Annually, at the direction of the commission, not more than one per-7cent (1%) of the total emergency communications fees collected in the state of8Idaho is hereby dedicated for and shall be placed in the fund on a quarterly9basis by county, city or consolidated emergency communications systems.The". 10 CORRECTIONS TO TITLE 11 On page 1, in line 4, following "FEE" insert: "FOR A TIME CERTAIN"; and in 12 line 5, following "CODE," insert: "TO REMOVE THE DEDICATION OF A CERTAIN POR- 13 TION OF THE FEE,".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 447, As Amended, As Amended in the Senate BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO EMERGENCY COMMUNICATIONS ACT; AMENDING SECTION 31-4818, 3 IDAHO CODE, TO PROVIDE FOR INVESTMENT OF FUND MONEYS; AND AMENDING CHAPTER 4 48, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-4819, IDAHO 5 CODE, TO PROVIDE FOR AN ENHANCED EMERGENCY COMMUNICATIONS GRANT FEE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 31-4818, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 31-4818. IDAHO EMERGENCY COMMUNICATIONS FUND -- ESTABLISHMENT AND ADMIN- 10 ISTRATION. (1) There is hereby created within the treasury of the state of 11 Idaho a separate fund known as the Idaho emergency communications fund, which 12 shall consist of moneys received from counties, cities, consolidated emergency 13 communications operations, grants, donations, gifts and revenues from any 14 other source to support the delivery of consolidated emergency communications 15 systems. 16 (2) Moneys in the fund are hereby continuously appropriated and shall be 17 utilized exclusively for the purposes set forth in this chapter as determined 18 by the commission. 19 (3) Annually, at the direction of the commission, not more than one per- 20 cent (1%) of the total emergency communications fees collected in the state of 21 Idaho is hereby dedicated for and shall be placed in the fund on a quarterly 22 basis by county, city or consolidated emergency communications systems. The 23 commission, on an annual basis, shall prepare a budget indicating that portion 24 of the fee necessary for the continuous operation of the commission to achieve 25 the purposes of this chapter. 26 (4) The commission shall authorize disbursement of moneys in the fund to 27 eligible entities. 28 (5) The state treasurer shall invest idle moneys in the fund and interest 29 earned from such investments shall be returned to the fund. 30 SECTION 2. That Chapter 48, Title 31, Idaho Code, be, and the same is 31 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 32 ignated as Section 31-4819, Idaho Code, and to read as follows: 33 31-4819. ENHANCED EMERGENCY COMMUNICATIONS GRANT FEE. (1) Effective from 34 July 1, 2008, through June 30, 2014, there shall be an enhanced emergency com- 35 munications grant fee established by virtue of authority granted by this chap- 36 ter. The fee shall be twenty-five cents (25¢) per month per access of inter- 37 connected VoIP service line. 38 (a) Such fee shall be authorized by resolution of a majority vote of the 39 board of commissioners of a countywide system or by the governing board of 40 a 911 service area. 41 (b) Such fee shall be remitted to the Idaho emergency communications fund 2 1 provided in section 31-4818(1), Idaho Code, on a quarterly basis by 2 county, city or consolidated emergency communications systems. Such fee 3 shall be dedicated for and shall be authorized for disbursement as grants 4 to eligible entities that are operating consolidated emergency communica- 5 tions systems for use to achieve the purposes of this chapter. 6 (c) The commission, on an annual basis, shall prepare a budget allocating 7 the grant funds available to eligible entities and the portion of the 8 funds necessary for the continuous operation of the commission to achieve 9 the purposes of this chapter. 10 (d) To be eligible for grant funds under this chapter, a county or 911 11 service area must be collecting the emergency communications fee in accor- 12 dance with section 31-4804, Idaho Code, in the full amount authorized and 13 must also be collecting the enhanced emergency communications grant fee in 14 the full amount authorized in this subsection. 15 (e) If a county or 911 service area has authorized the collection of the 16 enhanced emergency communications grant fee pursuant to this chapter, such 17 county or 911 service area shall retain the full amount of the emergency 18 communications fee that was set by the board of commissioners or governing 19 board pursuant to section 31-4803, Idaho Code. The county or 911 service 20 area is then also exempt from remitting to the Idaho emergency communica- 21 tions commission one percent (1%) of the total emergency communications 22 fee received by the county or 911 service area as required in section 23 31-4818(3), Idaho Code. The remaining funds from the enhanced emergency 24 communications grant fee collected shall then be remitted by the county or 25 911 service area to the Idaho emergency communications commission. 26 (2) On and after July 1, 2014, the collection of the emergency communica- 27 tions fee shall revert to the provisions of sections 31-4801 through 31-4818, 28 Idaho Code. 3 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 447, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO EMERGENCY COMMUNICATIONS ACT; AMENDING SECTION 31-4803, 3 IDAHO CODE, TO REVISE AN EFFECTIVE DATE; AMENDING SECTION 31-4804, IDAHO 4 CODE, TO PROVIDE FOR AN ADDITIONAL FEE FOR A TIME CERTAIN AND TO MAKE 5 TECHNICAL CORRECTIONS; AND AMENDING SECTION 31-4818, IDAHO CODE, TO REMOVE 6 THE DEDICATION OF A CERTAIN PORTION OF THE FEE, TO PROVIDE FOR DEDICATION 7 AND AUTHORIZATION FOR DISBURSEMENT OF CERTAIN MONEYS TO CERTAIN ENTITIES 8 FOR CERTAIN PURPOSES, TO PROVIDE FOR INVESTMENT OF FUND MONEYS AND TO MAKE 9 A TECHNICAL CORRECTION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 3. That Section 31-4803, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 31-4803. AUTHORITY TO ESTABLISH AND FOR VOTERS TO APPROVE FUNDING FOR A 14 CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEM. (1) The board of commissioners 15 of any county may establish a consolidated emergency communications system by 16 virtue of authority granted by this chapter or by chapter 23, title 67, Idaho 17 Code. The service area may be regional, multicounty, countywide, or any part 18 or parts of the county, and may include or exclude a city or cities. If the 19 board of county commissioners has adopted a resolution stating that the county 20 is unable to establish a countywide consolidated emergency communications sys- 21 tem, or if the voters reject a countywide consolidated 911 system, then a 911 22 service area may be established by action of any city or cities within the 23 county. The 911 service area shall be described in the ordinance of creation. 24 The ordinance shall further provide for an election on the question as pro- 25 vided in subsection (2) of this section. The ordinance of creation shall 26 define the governing board, designate the administrator, and the agency to 27 service the 911 calls. The costs of the election ordered by the county shall 28 be a proper charge against the county current expense fund. The costs of the 29 election for a 911 service area shall be a proper charge against the city or 30 cities initiating the election. 31 (2) The voters of any county or 911 service area may authorize funding to 32 support implementation of a consolidated emergency communications system pur- 33 suant to the provisions of this chapter. The authorization to provide such 34 funding must be made by the registered voters of the county or of the 911 ser- 35 vice area at either a primary or general election. A notice for any election 36 shall be published for twenty (20) days as required by section 60-109, Idaho 37 Code. A sixty percent (60%) majority of the votes cast in favor of the ques- 38 tion shall be necessary to authorize the emergency communications fee. 39 (3) If a 911 system is to be financed in whole or in part by an emergency 40 communications fee, the governing board shall submit the question to the 41 electors of the county or 911 service area in substantially the following 42 form: 43 "Shall the governing board of ............ be authorized to institute 44 an emergency communications fee in an amount no greater than one dol- 45 lar ($l.00) per month to be used to fund an emergency telephone sys- 46 tem, commonly known as 911 service?". 4 1 (4) No emergency communications fee for a consolidated emergency communi- 2 cations system shall be charged without voter approval as provided in subsec- 3 tion (2) of this section. 4 (5) Any net savings in operating expenditures realized by any taxing dis- 5 trict utilizing a consolidated emergency communications system shall be used 6 by that taxing district for a reduction in the property tax charges of that 7 taxing district. 8 (6) If the voters of any county or 911 service area have previously 9 approved funding of a consolidated emergency communications system in the man- 10 ner provided in subsections (2) and (3) of this section, no further vote is 11 necessary to authorize the emergency communications fee set forth in this act. 12 (7) EffectiveOctober 1, 2004July 1, 2008, and every year thereafter, 13 the emergency communications fee provided for in this act shall be reviewed 14 and modified as required by this subsection by the board of commissioners of a 15 countywide system or by the governing board of a 911 service area as follows: 16 (a) The level of the emergency communications fee shall be reviewed and, 17 as appropriate and necessary, readjusted by action of the board of commis- 18 sioners or the governing board on an annual basis. The board of commis- 19 sioners or governing board shall set the level of the fee based upon the 20 revenue requirements necessary to implement an annual budget prepared 21 under the direction of the board of commissioners or governing board for 22 the initiation, maintenance, operation, enhancement and governance of a 23 consolidated emergency communications system, including both basic and, if 24 applicable, enhanced consolidated emergency systems. 25 (b) The revenues from emergency communications fees shall be exclusively 26 expended pursuant to the budget established in paragraph (a) of this sub- 27 section. Use of such revenues for any other purpose is expressly prohib- 28 ited. 29 (c) The process of reviewing and setting the level of emergency communi- 30 cations fees shall be governed by the meeting and public notice provisions 31 of section 31-710(4), Idaho Code. For the purposes of this section, the 32 setting of a fee shall be deemed to be the promulgation of a rule such 33 that public participation provisions of section 67-5222, Idaho Code, shall 34 apply to the meetings of the board of commissioners or of a governing 35 board pursuant to this section. 36 SECTION 4. That Section 31-4804, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 31-4804. EMERGENCY COMMUNICATIONS FEES. (1) The emergency communications 39 fee provided pursuant to the provisions of this chapter shall be a uniform 40 amount not to exceed one dollar ($1.00) per month per access or interconnected 41 VoIP service line, and such fee shall be used exclusively to finance the ini- 42 tiation, maintenance, operation, enhancement and governance of a consolidated 43 emergency communications system and provide for the reimbursement of telecom- 44 munications providers for implementing enhanced consolidated emergency systems 45 as provided for in section 31-4804A, Idaho Code. In addition to the fee which 46 shall not exceed one dollar ($1.00), from July 1, 2008, through June 30, 2014, 47 an additional twenty-five cent (25¢) fee shall be collected per month per 48 access or interconnected VoIP service line. The county treasurer's office or 49 the administrator for the 911 service area from which the fees were collected 50 shall retain the full amount of the fee that was set by the board of commis- 51 sioners or governing board pursuant to section 31-4803(7), Idaho Code. The 52 remaining funds from the fees collected shall then be remitted to the Idaho 53 emergency communications commission pursuant to section 31-4818, Idaho Code. 5 1 All emergency communications fees collected and expended pursuant to this sec- 2 tion shall be audited by an independent, third party auditor ordinarily 3 retained by the governing board for auditing purposes. The purpose of the 4 audit as related to emergency communications systems is to verify the accuracy 5 and completeness of fees collected and costs expended. 6 (2) The fees shall be imposed upon and collected from purchasers of 7 access lines or interconnected VoIP service lines with a service address or 8 place of primary use within the county or 911 service area on a monthly basis 9 by all telecommunications providers of such services. The fees may be listed 10 as a separate item on customers' monthly bills. 11 (3) The telecommunications providers shall remit such fees to the county 12 treasurer's office or the administrator for the 911 service area based upon 13 the 911 service area from which the fees were collected. In the event the 14 telecommunications provider remits such fees based upon the emergency communi- 15 cations fees billed to the customer, a deduction shall be allowed for uncol- 16 lected amounts when such amounts are treated as bad debt for financial report- 17 ing purposes. 18 (4) From every remittance to the governing body made on or before the 19 date when the same becomes due, the telecommunications provider required to 20 remit the same shall be entitled to deduct and retain one percent (1%) of the 21 collected amount as the cost of administration for collecting the charge. 22 Telecommunications providers will be allowed to list the surcharge as a sepa- 23 rate item on the telephone subscriber's bill, and shall have no obligation to 24 take any legal action to enforce the collection of any charge, nor be held 25 liable for such uncollected amounts. 26 (5) Use of fees. The emergency communications fees provided hereunder 27 shall be used only to pay for the lease, purchase or maintenance of emergency 28 communications equipment for basic and enhanced consolidated emergency sys- 29 tems, including necessary computer hardware, software, database provisioning, 30 training, salaries directly related to such systems, costs of establishing 31 such systems, management, maintenance and operation of hardware and software 32 applications and agreed-to reimbursement costs of telecommunications providers 33 related to the operation of such systems. All other expenditures necessary to 34 operate such systems and other normal and necessary safety or law enforcement 35 functions including, but not limited to, those expenditures related to over- 36 head, staffing, dispatching, administrative and other day to day operational 37 expenditures, shall continue to be paid through the general funding of the 38 respective governing boards; provided however, that any governing body using 39 the emergency communications fees to pay the salaries of dispatchers as of 40 March 1, 2006, may continue to do so until the beginning of such governing 41 body's 2007 fiscal year. 42 SECTION 5. That Section 31-4818, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 31-4818. IDAHO EMERGENCY COMMUNICATIONS FUND -- ESTABLISHMENT AND ADMIN- 45 ISTRATION. (1) There is hereby created within the treasury of the state of 46 Idaho a separate fund known as the Idaho emergency communications fund, which 47 shall consist of moneys received from counties, cities, consolidated emergency 48 communications operations, grants, donations, gifts and revenues from any 49 other source to support the delivery of consolidated emergency communications 50 systems. 51 (2) Moneys in the fund are hereby continuously appropriated and shall be 52 utilized exclusively for the purposes set forth in this chapter as determined 53 by the commission. 6 1 (3)Annually, at the direction of the commission, not more than one per-2cent (1%) of the total emergency communications fees collected in the state of3Idaho is hereby dedicated for and shall be placed in the fund on a quarterly4basis by county, city or consolidated emergency communications systems.The 5 commission, on an annual basis, shall prepare a budget indicating that portion 6 of the fees necessary for the continuous operation of the commission to 7 achieve the purposes of this chapter. 8 (4) Annually, at the direction of tThe commission,shall authorize dis-9bursement ofthe moneysin the fund to eligible entitiesremaining from the 10 collection of the emergency communications fees pursuant to section 31-4804, 11 Idaho Code, are hereby dedicated for and shall be authorized for disbursement 12 to eligible entities that are operating consolidated emergency communications 13 systems for use to achieve the purposes of this chapter and in accordance with 14 the administrative rules of the commission. 15 (5) The state treasurer shall invest idle moneys in the fund and interest 16 earned from such investments shall be returned to the fund.
STATEMENT OF PURPOSE
RS 17633
This bill increases the emergency communications fee collected
by counties or 911 service areas by .25 cents to a maximum of
$1.25 per line per month. The additional .25 cents will be
remitted to the Idaho Emergency Communications Commission to be
distributed via a grant process to help those consolidated
emergency communications centers with the greatest need and in
less populated areas make the critical improvements required to
provide Enhanced 9-1-1 service and to pay for ongoing
maintenance costs of those systems. Based on current figures
the amount deposited annually in the grant fund would be
approximately
$4,000,000.
This bill also eliminates the mandate that 1% of the current
emergency communications fee collected by counties or 911
service areas be remitted to the Idaho Emergency Communications
Commission. The fee increase will support the operations of the
Commission and for the administrative costs for collecting the
fee incurred by the providers, thus allowing counties or 911
service areas to retain those funds to support their centers.
FISCAL NOTE
This bill would have no impact on the general fund and would
increase the funds available to counties or 911 service areas
by approximately 2% in addition to available grant funding
provided under this bill.
Contact Person:
Representative Rich Wills
Commissioner, Idaho Emergency Communications Commission
Phone: 332-1181
Clint Berry
Commissioner, Idaho Emergency Communications Commission
Phone: 364-3977
Teresa Baker
Commissioner, Idaho Emergency Communications Commission
Phone: 287-7700
H 447