House Bill No. 210

Introduced By _______________________________________________________________________________



A Bill for an Act entitled: "An Act enabling 9-1-1 emergency telephone systems to provide enhanced 9-1-1 services; distinguishing basic 9-1-1 systems from enhanced 9-1-1 systems; establishing requirements for basic 9-1-1 and enhanced 9-1-1 systems; establishing fees for basic 9-1-1 and enhanced 9-1-1 systems; clarifying the services to which 9-1-1 fees apply; providing for accounting for basic 9-1-1 and enhanced 9-1-1 fees; clarifying the statutory appropriation of enhanced 9-1-1 fees; providing limits on and requirements for the distribution of and the expenditure of basic 9-1-1 and enhanced 9-1-1 fees; amending sections 10-4-101, 10-4-102, 10-4-103, 10-4-111, 10-4-112, 10-4-113, 10-4-201, 10-4-202, 10-4-301, 10-4-302, and 10-4-303, MCA; and providing effective dates and applicability dates."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 10-4-101, MCA, is amended to read:

"10-4-101.   Definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1)  "Account "Basic 9-1-1 account" means the 9-1-1 emergency telecommunications account established in 10-4-301 10-4-301(1)(a).

(2) (a) "Basic 9-1-1 service" means a telephone service meeting the standards established in 10-4-102 that automatically connects a person dialing the digits 9-1-1 to an established public safety answering point.

(b) "Basic 9-1-1 services" includes equipment for connecting and outswitching 9-1-1 calls within a telephone central office, trunking facilities from the central office to a public safety answering point, and equipment, as appropriate, for transferring the call to another point, when appropriate.

(2)(3)  "Department" means the department of administration provided for in Title 2, chapter 15, part 10.

(3)(4)  "Direct dispatch method" means a 9-1-1 service in which a public safety answering point, upon receipt of a telephone request for emergency services, provides for a decision as to the proper action to be taken and for dispatch of appropriate emergency service units.

(4)(5)  "Emergency" means any event that requires dispatch of a public or private safety agency.

(5)(6)  "Emergency services" means services provided by any public or private safety agency, including law enforcement, firefighting, ambulance or medical services, and civil defense services.

(7) "Enhanced 9-1-1 account" means the 9-1-1 emergency telecommunications account established in 10-4-301(1)(b).

(8) "Enhanced 9-1-1 system" means a system:

(a) consisting of selective routing with the capability of automatic number identification and automatic location identification at a public safety answering point enabling users of the public telecommunications system to request emergency services by dialing the digits 9-1-1; and

(b) that includes customer premises equipment directly related to the operation of an enhanced 9-1-1 system, including but not limited to automatic number identification or automatic location identification controllers and display units, printers, and software associated with call detail recording.

(6)(9)  "Exchange access services" means:

(a)  telephone exchange access lines or channels that provide local access from the premises of a subscriber in this state to the local telecommunications network to effect the transfer of information; and

(b)  unless a separate tariff rate is charged therefor for the exchange access lines or channels, any facility or service provided in connection with the services described in subsection (6) (9)(a).

(7)(10)  "Local government" means any city, county, or political subdivision of the state and its agencies.

(8)  "Minimum 9-1-1 service" means a telephone service meeting the standards established in 10-4-102 that automatically connects a person dialing the digits 9-1-1 to an established public safety answering point. "Minimum 9-1-1 services" includes equipment for connecting and outswitching 9-1-1 calls within a telephone central office, trunking facilities from the central office to a public safety answering point, and equipment, as appropriate, for transferring the call to another point, when appropriate.

(9)(11)  A "9-1-1 jurisdiction" means a group of public or private safety agencies who operate within or are affected by one or more common central office boundaries and who have agreed in writing to jointly plan a 9-1-1 emergency telephone system.

(10)(12) "Private safety agency" means any entity, except a public safety agency, providing emergency fire, ambulance, or medical services.

(11)(13) "Provider" means a public utility, cooperative telephone company, or any other entity that provides telephone exchange access services.

(12)(14) "Public safety agency" means the state and any city, county, city-county consolidated government, municipal corporation, chartered organization, public district, or public authority located in whole or in part within this state that provides or has authority to provide emergency services.

(13)(15) "Public safety answering point" means a communications facility operated on a 24-hour basis that first receives 9-1-1 calls from persons in a 9-1-1 service area and which that may, as appropriate, directly dispatch public or private safety services or transfer or relay 9-1-1 calls to appropriate public safety agencies.

(14)(16) "Relay method" means a 9-1-1 service in which a public safety answering point, upon receipt of a telephone request for emergency services, notes the pertinent information from the caller and relays such the information to the appropriate public safety agency, other agencies, or other providers of emergency services for dispatch of an emergency unit.

(15)(17) "Subscriber" means an end user who receives telephone exchange access services.

(16)(18) "Transfer method" means a 9-1-1 service in which a public safety answering point, upon receipt of a telephone request for emergency services, directly transfers such a the request to an appropriate public safety answering agency or other provider of emergency services."



Section 2.  Section 10-4-102, MCA, is amended to read:

"10-4-102.   Department of administration duties and powers. (1) The department shall assist in the development of basic and enhanced 9-1-1 systems in the state. The department shall:

(a)  establish procedures for determining and evaluating requests for variations from minimum basic or enhanced 9-1-1 service;

(b)  upon request of a 9-1-1 jurisdiction, assist in planning an emergency a basic or enhanced 9-1-1 telephone system;

(c)  establish criteria for evaluating basic and enhanced 9-1-1 system plans;

(d)  monitor implementation of approved basic and enhanced 9-1-1 system plans for compliance with the plan and use of funding; and

(e)  as it finds necessary, report to the legislature the progress made in implementing a statewide emergency telephone system basic and enhanced 9-1-1 systems.

(2)  The department shall obtain input from all 9-1-1 jurisdictions by creating an advisory council to participate in development and implementation of the 9-1-1 program in the state. The council must be established pursuant to 2-15-122. The highway patrol, emergency medical services organizations, telephone companies, the associated public safety communicators, the department of emergency services, police departments, sheriff's departments, local citizens, organizations, and other public safety organizations may submit recommendations for membership on the advisory council."



Section 3.  Section 10-4-103, MCA, is amended to read:

"10-4-103.   Emergency telephone system requirements. (1) Every public and private safety agency in this state may establish or participate in an a basic or enhanced 9-1-1 emergency telephone system.

(2)  An A basic 9-1-1 emergency telephone system must include:

(a)  a 24-hour communications facility automatically accessible anywhere in the 9-1-1 jurisdiction's service area by dialing 9-1-1;

(b)  direct dispatch of public and private safety services in the 9-1-1 jurisdiction or relay or transfer of 9-1-1 calls to an appropriate public or private safety agency; and

(c)  a 24-hour communications facility equipped with at least two trunk-hunting local access circuits provided by the local telephone company's central office.

(3) An enhanced 9-1-1 system must include, in addition to the requirements for a basic 9-1-1 system:

(a) automatic number identification that automatically identifies and displays the calling telephone number at the public safety answering point; and

(b) automatic location identification that automatically identifies and displays the address of the calling telephone at the public safety answering point.

(4) The primary emergency telephone number within the state is 9-1-1, but a public safety answering point shall maintain both a separate seven-digit secondary emergency number for use by the telephone company operator and a separate seven-digit nonemergency number."



Section 4.  Section 10-4-111, MCA, is amended to read:

"10-4-111.   Submission of preliminary plans for 9-1-1 jurisdictions -- review -- cost estimates. (1) A 9-1-1 jurisdiction may submit a preliminary plan for establishing an a basic or enhanced 9-1-1 emergency telephone system in accordance with 10-4-103 to:

(a)  public and private safety agencies in the 9-1-1 jurisdiction;

(b)  the department; and

(c)  providers of telephone service in the 9-1-1 jurisdiction's service area.

(2)  The department shall review the preliminary plan for compliance with 10-4-103 and rules adopted pursuant to 10-4-102 and report its approval or disapproval to the 9-1-1 jurisdiction within 90 days of receipt of the plan.

(3)  A provider of telephone service in the 9-1-1 jurisdiction's service area shall, within 90 days of receipt of the plan, provide the 9-1-1 jurisdiction with a good faith estimate of the cost to the 9-1-1 jurisdiction for implementing the plan."



Section 5.  Section 10-4-112, MCA, is amended to read:

"10-4-112.   Submission and approval of final plans -- exception. (1) A 9-1-1 jurisdiction shall submit a proposed final plan for establishing an a basic or enhanced 9-1-1 emergency telephone system pursuant to 10-4-103 within 1 year from receipt of the department's approval of its preliminary plan to:

(a)  public and private safety agencies in the 9-1-1 jurisdiction;

(b)  the department; and

(c)  providers of telephone service in the 9-1-1 jurisdiction's service area.

(2)  In addition to other matters required by 10-4-103, the final plan must include a description of all capital and recurring costs for the proposed emergency 9-1-1 telephone system.

(3)  The department shall determine whether the final plan complies with 10-4-103 and rules adopted pursuant to 10-4-102. Subject to 10-4-113, if the department determines that the plan complies, it shall approve the plan, or if the department determines that the plan does not comply, it shall disapprove the plan. The department shall inform the 9-1-1 jurisdiction of its decision within 180 days of receipt of the plan. In any statement approving a final plan, the department shall indicate a timetable in which the provider shall undertake necessary telephone system conversions. The timetable must be such that conversions may not be required unless sufficient funds to compensate the provider for its conversion costs are available within 1 year of the initial installation of the 9-1-1 system."



Section 6.  Section 10-4-113, MCA, is amended to read:

"10-4-113.   Requirement for approval of final plan -- department to insure compliance. The department may not approve the preliminary or final plan of for basic or enhanced 9-1-1 service within a 9-1-1 jurisdiction unless the plan is accompanied by a written approval from the governing bodies of all participating public and private safety agencies included in the 9-1-1 jurisdiction."



NEW SECTION. Section 7.  Submission of revised plan for conversion from basic 9-1-1 to enhanced 9-1-1. (1) A jurisdiction intending to implement an enhanced 9-1-1 system shall submit an amended plan for establishing an enhanced 9-1-1 system to:

(a) every public and private safety agency in the 9-1-1 jurisdiction;

(b) the department; and

(c) all providers of telephone service in the 9-1-1 jurisdiction's service area.

(2) The amended plan must include:

(a) a description of all capital and recurring costs for the proposed enhanced 9-1-1 system;

(b) the proposed schedule for implementation of the enhanced 9-1-1 system;

(c) the proposed expenditures for equipment and software upgrades;

(d) a plan for maintaining all automatic number identification and all automatic location identification data bases; and

(e) a plan for 9-1-1 dispatcher training that must include, at a minimum:

(i) basic telecommunicator certification awarded upon successful completion of the basic telecommunicator class offered through the Montana law enforcement academy;

(ii) emergency medical dispatch certification awarded upon successful completion of one of the emergency medical dispatch programs that provide dispatch-specific medical training and training and practice in the use of written or automated medical dispatch protocols; or

(iii) training that includes handling 9-1-1 emergency telephone calls and relaying information to the appropriate responder or dispatch agency.

(3) (a) The department shall determine whether the enhanced 9-1-1 plan complies with the provisions of this part, including rules adopted pursuant to 10-4-102, and shall inform the 9-1-1 jurisdiction of its determination within 180 days of receipt of the plan.

(b) If the department approves an enhanced 9-1-1 plan, the department shall indicate a timetable within which the provider shall undertake necessary conversions to dedicated 9-1-1 circuits. The timetable must be such that conversions may not be required unless sufficient funds to compensate the provider for its conversion costs are available within 1 year of the initial installation of the 9-1-1 system.

(4) If enhanced 9-1-1 has been included as part of an approved final plan for basic 9-1-1, the jurisdiction is not required to submit an amended plan for enhanced 9-1-1.



NEW SECTION. Section 8.  Dedicated 9-1-1 telephone facilities to be provided -- capabilities. Every provider of telephone service in an area served by an emergency telephone system established pursuant to 10-4-103 shall provide dedicated 9-1-1 telephone facilities capable of providing automatic number identification to the public safety answering point. The provision of facilities and services required under this section must be accomplished according to a plan, including a timetable, approved pursuant to 10-4-111.



Section 9.  Section 10-4-201, MCA, is amended to read:

"10-4-201.   Fee Fees imposed for telephone exchange access services. (1) Except as provided in 10-4-202,:

(a) for basic 9-1-1 services, a fee of 25 cents a month per access line on each service subscriber in the state is imposed on the amount charged for telephone exchange access services, wireless telephone service, or other 9-1-1 accessible services; and

(b) for enhanced 9-1-1 services, a fee of 30 cents a month per access line on each service subscriber in the state is imposed on the amount charged for telephone exchange access services, wireless telephone service, or other 9-1-1 accessible services.

(2)  The subscriber paying for exchange access line services is liable for the fee fees imposed by this section.

(3)  The provider shall collect the fee fees. The amount of the fee fees collected by the provider is considered payment by the subscriber for that amount of fee fees.

(4)  Any return made by the provider collecting the fee fees is prima facie evidence of payments by the subscribers of the amount of fees indicated on the return."



Section 10.  Section 10-4-202, MCA, is amended to read:

"10-4-202.   Exemptions from fee fees imposed. The fee fees imposed by 10-4-201 does do not apply to:

(1)  services that the state is prohibited from taxing under the constitution or laws of the United States or the constitution or laws of the state of Montana; or

(2)  amounts paid by depositing coins in a public telephone."



Section 11.  Section 10-4-301, MCA, is amended to read:

"10-4-301.   Establishment of emergency telecommunications account accounts. A 9-1-1 emergency telecommunications account is

(1) There are established in the state special revenue fund in the state treasury:

(a) an account for all fees collected for basic 9-1-1 services pursuant to 10-4-201(1)(a); and

(b) an account for all fees collected for enhanced 9-1-1 services pursuant to 10-4-201(1)(b).

(2) All money received by the department of revenue pursuant to 10-4-201 must be paid to the state treasurer for deposit in the appropriate account.

(3) After payment of refunds pursuant to 10-4-205, the balance of the account respective accounts must be used for the purposes described in part 1 of this chapter.

(4) The distribution of funds in the 9-1-1 emergency telecommunications account accounts described in subsection (1), according to the requirements of 10-4-302 and [section 14], is statutorily appropriated.

(5) Expenditures for actual and necessary expenses required for the efficient administration of the plan must be made from temporary appropriations, as described in 17-7-501(1) or (2), made for that purpose."



Section 12.  Section 10-4-302, MCA, is amended to read:

"10-4-302.   Distribution of basic 9-1-1 account by department. (1) The department shall make quarterly distributions of the entire basic 9-1-1 account beginning on April 1, 1987. The distributions must be made for the following:

(a)  administrative costs incurred during the preceding calendar quarter by the department of revenue in carrying out this chapter. The amount paid may not exceed 1% 0.5% of the account on the date of distribution or actual expenses incurred, whichever is less.

(b)  administrative costs incurred during the preceding calendar quarter by the department in carrying out its duties under this chapter. The department's annual recovery of costs may not exceed 7% 3.5% of the amount collected by the account during the fiscal year or actual expenses incurred, whichever is less.

(c)  costs incurred during the preceding calendar quarter by each provider of telephone service in the state for:

(i)  collection of the fee fees imposed by 10-4-201;

(ii) modification of central office switching and trunking equipment for emergency telephone service only; and

(iii) conversion of pay station telephones required by 10-4-121.

(2)  Payments under subsection (1)(c) may be made only after application by the provider to the department for costs incurred in subsection (1)(c). The department shall review all applications relevant to subsection (1)(c) for appropriateness of costs claimed by the provider. If the provider contests the review, payment may not be made until the amount owed the provider is made certain.

(3)  After all amounts under subsections (1) and (2) have been paid, the balance of the account must be allocated to cities and counties on a per capita basis. However, each county must be allocated a minimum of 1% of the balance of the counties' share of the account. A 9-1-1 jurisdiction whose 9-1-1 service area includes more than one city or county is eligible to receive operating funds from the allocation for each city or county involved. The department shall distribute to the accounting entity designated by a 9-1-1 jurisdiction with an approved final plan the proportional amount for each city or county served by the 9-1-1 jurisdiction. The department shall provide a report indicating the proportional share derived from the individual city's or county's allocation with each distribution to a 9-1-1 jurisdiction.

(4)  If the department through its monitoring process determines that a 9-1-1 jurisdiction is not adhering to an approved plan or is not using funds in the manner prescribed in 10-4-303, the department may, after notice and hearing, suspend payment to the 9-1-1 jurisdiction. The jurisdiction is not eligible to receive funds until such time as the department determines that the jurisdiction is complying with the approved plan and fund usage limitations."



Section 13.  Section 10-4-303, MCA, is amended to read:

"10-4-303.   Limitation on use of basic 9-1-1 funds. Money received under subsection (3) of 10-4-302 may be used only to pay for installing, operating, and improving an a basic 9-1-1 emergency telephone system using 9-1-1. Money not necessary for immediate use may be invested by the city or county. The income from the investments shall may be used only for the purposes described in this section."



NEW SECTION. Section 14.  Distribution of enhanced 9-1-1 account by department. (1) The department shall make quarterly distributions of the entire enhanced 9-1-1 account as follows:

(a) administrative costs incurred during the preceding calendar quarter by the department of revenue in carrying out this chapter. The amount paid may not exceed 0.5% of the account on the date of distribution or actual expenses incurred, whichever is less.

(b) administrative costs incurred during the preceding calendar quarter by the department in carrying out its duties under this chapter. The department's annual recovery of costs may not exceed 3.5% of the amount deposited in the account during the fiscal year or actual expenses incurred, whichever is less.

(c) costs incurred during the preceding calendar quarter by each provider of telephone service in the state for:

(i) collection of the fee imposed by 10-4-201(1)(b); and

(ii) modification of central office switching and trunking equipment necessary to provide service for an enhanced 9-1-1 system only.

(2) Payments under subsection (1)(c) may be made only after application by the provider to the department for costs described in subsection (1)(c). The department shall review all applications relevant to subsection (1)(c) for appropriateness of costs claimed by the provider. If the provider contests the review, payment may not be made until the amount owed the provider is made certain.

(3) After all amounts under subsections (1) and (2) have been paid:

(a) 84% of the balance of the account must be allocated to cities and counties on a per capita basis. However, each county must be allocated a minimum of 1% of the balance of the counties' share of the account.

(b) the remaining 16% of the balance of the account must be distributed evenly to the counties with 1% or less than 1% of the total population.

(4) An enhanced 9-1-1 jurisdiction whose enhanced 9-1-1 service area includes more than one city or county is eligible to receive operating funds from the allocation for each city or county involved. The department shall distribute to the accounting entity designated by an enhanced 9-1-1 jurisdiction with an approved final plan for enhanced 9-1-1 service the proportional amount for each city or county served by the enhanced 9-1-1 jurisdiction. The department shall, upon request, provide a report indicating the proportional share derived from the individual city's or county's allocation with each distribution to a 9-1-1 jurisdiction.

(5) If the department determines that an enhanced service 9-1-1 jurisdiction is not adhering to an approved plan for enhanced 9-1-1 service or is not using funds in the manner prescribed in [section 15], the department may, after giving notice to the jurisdiction and providing an opportunity for a representative of the jurisdiction to comment on the department's determination, suspend payment from the enhanced 9-1-1 account to the 9-1-1 jurisdiction. The jurisdiction is not eligible to receive funds from the enhanced 9-1-1 account until the department determines that the jurisdiction is complying with the approved plan for enhanced 9-1-1 and fund usage limitations.



NEW SECTION. Section 15.  Limitation on use of enhanced 9-1-1 funds. Money received under [section 14(3) or (4)] may be used only to pay for installing enhanced 9-1-1 features, or for operating and improving an emergency telephone system using 9-1-1 once the plan for converting to enhanced 9-1-1 has been approved. Money not necessary for immediate use may be invested by the city or county. The income from the investments may be used only for the purposes described in this section.



NEW SECTION. Section 16.  Codification instruction. (1) [Sections 7 and 8] are intended to be codified as an integral part of Title 10, chapter 4, part 1, and the provisions of Title 10, chapter 4, apply to [sections 7 and 8].

(2) [Sections 14 and 15] are intended to be codified as an integral part of Title 10, chapter 4, part 3, and the provisions of Title 10, chapter 4, apply to [sections 14 and 15].



NEW SECTION. Section 17.  Applicability. (1) Except as provided in subsections (2) and (3), [this act] applies on July 1, 1997.

(2) [Sections 7, 18, and this section] apply on passage and approval.

(3) [Section 14] applies to calendar quarters beginning on or after October 1, 1997.



NEW SECTION. Section 18.  Effective dates. (1) Except as provided in subsection (2), [this act] is effective July 1, 1997.

(2) [Section 7 and this section] are effective on passage and approval.

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