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HOUSE BILL NO. 539
INTRODUCED BY D. ZOLNIKOV
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING 9-1-1 LAWS; REVISING THE DISTRIBUTION AND USE OF 9-1-1 FUNDS; REQUIRING FUNDS TO BE DISTRIBUTED TO WIRELESS PROVIDERS; ELIMINATING CERTAIN 9-1-1 GRANTS; REVISING NEXT-GENERATION 9-1-1 INFRASTRUCTURE GRANTS AND FUNDING; TRANSFERRING MONEY INTO THE BASELINE NEXT-GENERATION 9-1-1 ACCOUNT; TRANSFERRING MONEY INTO THE 9-1-1 GIS MAPPING ACCOUNT; EXTENDING DEADLINES FOR NEXT-GENERATION 9-1-1 PLANNING AND GRANT DISTRIBUTIONS; EXTENDING DEADLINES FOR STATEWIDE 9-1-1 PLANNING; EXTENDING DEADLINES FOR 9-1-1 GIS MAPPING; PROVIDING STATUTORY APPROPRIATIONS; PROVIDING RULEMAKING AUTHORITY; AMENDING SECTIONS 10-4-106, 10-4-107, 10-4-108, 10-4-201, 10-4-304, 10-4-308, 10-4-309, 10-4-314, 10-4-315, AND 17-7-502, MCA; AMENDING SECTION 32, CHAPTER 367, LAWS OF 2017; REPEALING SECTIONS 10-4-306 AND 10-4-307, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A TERMINATION DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 10-4-106, MCA, is amended to read:
"10-4-106. 9-1-1 advisory council duties -- consultation by department. The 9-1-1 advisory council shall:
(1) advise the department in its duty to allocate and distribute 9-1-1 fees in accordance with 10-4-305 and to update the allocation and distribution in accordance with rules adopted pursuant to 10-4-108(3);
(2) provide recommendations to the department in determining grants awarded in accordance with 10-4-306;
(3)(2) advise the department in the development, implementation, and maintenance of a statewide 9-1-1 plan; and
(4)(3) advise the department on significant matters concerning 9-1-1 systems development and 9-1-1 services in the state of Montana, including rulemaking."
Section 2. Section 10-4-107, MCA, is amended to read:
"10-4-107. Department duties and powers -- 9-1-1 planning. (1) There is a 9-1-1 program administered by the department.
(2) The department shall:
(a) allocate and distribute 9-1-1 fees;
(b) update the allocation and distribution of 9-1-1 fees in accordance with 10-4-305 and rules adopted pursuant to 10-4-108;
(c) provide grants in accordance with 10-4-306. In awarding the grants, the department shall review and approve requests for funding in accordance with 10-4-306.
(d) monitor the expenditure of program funds for:
(i) 9-1-1 purposes by local governments that host public safety answering points; and
(ii) allowable uses of grant funds by entities;
(e)(c) plan for, establish, and maintain a statewide 9-1-1 plan in accordance with subsection (3) and planning completed in accordance with 10-4-315;
(f)(d) staff and fund the administrative costs of the 9-1-1 advisory council established in 10-4-105; and
(g)(e) accept federal funds granted by congress or by executive order and gifts, grants, and donations for the purposes of administering this chapter.
(3) A statewide 9-1-1 plan must include:
(a) to the maximum extent feasible the use of existing commercial communications infrastructure; and
(b) 9-1-1 system standards and support efforts to migrate legacy technologies to next-generation 9-1-1 technologies when appropriate and to provide for the implementation of future 9-1-1 technologies. Any standards adopted by the department for legacy 9-1-1 technologies or principles adopted for baseline next-generation 9-1-1 technologies must be:
(i) flexible and graduated, while ensuring minimum service levels; and
(ii) based on industry standards.
(c) priorities for 9-1-1 systems in Montana and plans for next-generation 9-1-1 infrastructure deployment; and
(d) steps to promote collaboration among local governments and incentives for cooperation among local governments and public safety answering points to improve efficiency by developing interconnectivity of 9-1-1 systems through partnerships for enhancement, operation, and maintenance of the network.
(4) The department, in fulfilling its duties pursuant to subsection (2), may request necessary information from local governments. If a local government does not comply with the request, the department may withhold funding distributions as provided for in 10-4-109."
Section 3. Section 10-4-108, MCA, is amended to read:
"10-4-108. Rulemaking authority. (1) Before July 1, 2018, the The department shall adopt rules to implement the provisions of this chapter. The rules must include but are not limited to:
(a) distribution procedures for funding authorized in 10-4-305(1);
(b) distribution procedures for wireless providers authorized in 10-4-304(2)(b);
(b) procedures for grant funding authorized in 10-4-306. The rules for grant funding must include but are not limited to:
(i) eligibility requirements for entities applying for grants;
(ii) criteria for awarding grants; and
(iii) reporting procedures for grant recipients;
(c) postdisbursement activities by the department to monitor the use of funding by entities, including:
(i) reporting requirements; and
(ii) procedures for repayment of funds expended on activities determined not to meet eligibility requirements.
(2) Before January 1, 2019, the The department shall adopt rules including but not limited to:
(a) technology standards, based on industry standards and a statewide 9-1-1 plan pursuant to 10-4-315 established in accordance with 10-4-107(3), to ensure that public safety answering points meet minimum 9-1-1 services levels; and
(b) baseline next-generation 9-1-1 principles to facilitate the appropriate deployment of baseline next-generation 9-1-1.
(3) (a) Before January 1, 2022, the The department shall adopt rules for the allocation and distribution of funds:
(i) in the account provided for in 10-4-304(2)(a) in accordance with 10-4-305(2) and (3) to local government entities that host public safety answering points; and
(ii) in the account provided for in 10-4-304(2)(b) to wireless providers in accordance with 10-4-304(6).
(b) The rules adopted for allocation allocations under subsection (3)(a)(i) must be based on the official final decennial census figures and must ensure that each local government entity that hosts a public safety answering point receives funding. The allocation must account for:
(i) historic allocations provided to a local government entity that hosts a public safety answering point;
(ii) the population of counties, cities, or other government entities served by the public safety answering point;
(iii) population trends; and
(iv) other factors determined by the department, in consultation with the 9-1-1 advisory council provided for in 10-4-105, critical to the funding allocation.
(c) The department's allocation may not distribute funds in a manner that discourages public safety answering points from consolidating or combining.
(4) The department shall adopt rules in accordance with the Montana Administrative Procedure Act provided for in Title 2, chapter 4, to implement the provisions of this section."
Section 4. Section 10-4-201, MCA, is amended to read:
"10-4-201. Fees imposed for 9-1-1 services. (1) Except as provided in 10-4-202:
(a) for 9-1-1 services, a fee of 75 cents a month per access line on each subscriber in the state is imposed for the administration of 9-1-1 programs in accordance with 10-4-305; and
(b) a fee of 25 cents a month per access line on each subscriber in the state is imposed for the grants provided distribution in accordance with 10-4-306 10-4-304(2)(b).
(2) The subscriber paying for an access line is liable for the fees imposed by this section.
(3) The provider shall collect the fees. The amount of the fees collected by the provider is considered payment by the subscriber for that amount of fees.
(4) Any return made by the provider collecting the fees is prima facie evidence of payments by the subscribers of the amount of fees indicated on the return."
Section 5. Section 10-4-304, MCA, is amended to read:
"10-4-304. Establishment of 9-1-1 accounts. (1) Beginning July 1, 2018, there Except for transfers provided for in subsection (5), there is established in the state special revenue fund an account for fees collected for 9-1-1 services pursuant to 10-4-201.
(2) Funds in the account are statutorily appropriated to the department, as provided in 17-7-502. Except as provided in subsection (3), beginning July 1, 2018, funds Funds that are not used for the administration of this chapter by the department are allocated as follows:
(a) 75% of the account must be deposited in an account for distribution to local government entities that host public safety answering points in accordance with 10-4-305 and with rules adopted by the department in accordance with 10-4-108; and
(b) 25% of the account must be deposited in an account for distribution in the form of grants to private telecommunications providers, local government entities that host public safety answering points, or both in accordance with 10-4-306 transfer and distribution in accordance with subsections (5) through (7).
(3) Beginning July 1, 2018, all 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.
(4) The accounts established in subsections (1) and (2) retain interest earned from the investment of money in the accounts.
(5) Each fiscal year from [the effective date of this act] until June 30, 2024, $150,000 must be transferred from the account established in subsection (2)(b) to the 9-1-1 GIS mapping account established in 10-4-314.
(6) (a) Each fiscal year after a transfer is made in accordance with subsection (5), the department shall distribute funds allocated in accordance with subsection (2)(b) quarterly to wireless providers, upon request of a wireless provider, and in accordance with this subsection (6) and rules adopted by the department in accordance with 10-4-108.
(b) Distribution must be awarded quarterly to wireless providers requesting funds for:
(i) emergency telecommunications system plans;
(ii) project feasibility studies or project plans;
(iii) the implementation, operation, and maintenance of 9-1-1 systems, equipment, devices, and data;
(iv) the purchase of services that support 9-1-1 systems; or
(v) any combination of subsections (6)(b)(i) through (6)(b)(iv).
(7) Each fiscal year, at the end of the final quarter of the fiscal year after funds are transferred in accordance with subsection (5) and funds are distributed in accordance with subsection (6), if funds remain, those funds must be transferred to the account established in subsection (2)(a)."
Section 6. Section 10-4-308, MCA, is amended to read:
"10-4-308. (Temporary) Next-generation 9-1-1 infrastructure account created -- source of funding -- use of account. (1) There is an account in the state special revenue fund to be known as the next-generation 9-1-1 infrastructure account.
(2) There must be deposited in the account:
(a) money received from legislative allocations; and
(b) a transfer of money in accordance with 10-4-307(1)(a) for the purposes of 10-4-309; and
(c)(b) a gift, donation, grant, legacy, bequest, or devise made for the purposes of 10-4-309.
(3) Except as provided in subsection (4) (5), the account may be used only by the department to provide grants for next-generation 9-1-1 infrastructure as provided in 10-4-309 to:
(a) a private telecommunications provider; or
(b) a local government entity that hosts a public safety answering point and is working with a private telecommunications provider.
(4) Funds in the account are statutorily appropriated to the department as provided 17-7-502.
(4)(5) At the end of fiscal year 2019 2024, any unexpended balance in the account must be transferred to the account established by the department in accordance with 10-4-304(2)(b). (Terminates October 1, 2019--sec. 32, Ch. 367, L. 2017 September 30, 2024.)"
Section 7. Section 10-4-309, MCA, is amended to read:
"10-4-309. (Temporary) Next-generation 9-1-1 infrastructure grants -- criteria -- rulemaking. (1) Money deposited in the next-generation 9-1-1 infrastructure account established in 10-4-308 may be expended by the department through a grant to a private telecommunications provider or a local government that hosts a public safety answering point and is working with a private telecommunications provider for to deploy next-generation 9-1-1 infrastructure consistent with an implementation plan for migrating Montana's 9-1-1 network to next-generation 9-1-1 infrastructure as established in the statewide plan provided for in 10-4-315.
(2) For the purposes of 10-4-308 and this section, the following definitions apply:
(a) "ESInet" means an emergency services IP network. It includes the IP infrastructure on which independent application platforms and core functional processes are deployed.
(b) "IP" means internet protocol, or the method by which data are sent on the internet, or a communications protocol for computers connected to a network, especially the internet.
(c) "Next-generation 9-1-1 infrastructure" means:
(i) a statewide ESInet;, upgrades and replacement of existing selective routers with IP routers, and
(ii) next-generation core network architecture pursuant to national emergency number administration standards; and
(iii) upgrades to all non-IP-capable public safety answering points for IP capability.
(3) In making grant awards under this section, the department shall give preference award grants consistent with the statewide plan for migrating Montana's 9-1-1 infrastructure to a next-generation 9-1-1 infrastructure as established in the statewide plan provided for in 10-4-315 in the following order of priority:
(a) to a private telecommunications provider; and
(b) any remaining funds to local governments working with private telecommunications providers that the local government determines can most effectively implement next-generation 9-1-1 infrastructure improvements.
(4) The department shall consult with and consider recommendations by the 9-1-1 advisory council established in 10-4-105 for awards made under this section.
(5) The department may adopt rules to administer the provisions of 10-4-308 and this section. The rules must ensure that all local governments are treated equitably and must include but are not limited to provisions regarding:
(a) applications;
(b) timelines;
(c) eligibility, including proof of eligibility;
(d) the procedure for establishing the priority of grant awards;
(e) the appeal process for grant applications that are denied; and
(f) disbursement of grant money to providers.
(6) Before September 1, 2018, the department shall report to the energy and telecommunications interim committee provided for in 5-5-230 on efforts to distribute grants in accordance with 10-4-308 and this section.
(7)(6) Before If grants are awarded during a biennium, before September 1, 2019 October 1, 2024, the department shall produce a report summarizing the grants provided, how the grant money was spent, and the program data and information reported by grant recipients. The department shall provide the report to the energy and telecommunications interim committee, as provided in 5-11-210. (Terminates October 1, 2019--sec. 32, Ch. 367, L. 2017 September 30, 2024.)"
Section 8. Section 10-4-314, MCA, is amended to read:
"10-4-314. (Temporary) 9-1-1 GIS mapping account created -- source of funding -- use of account. (1) There is an account in the state special revenue fund to be known as the 9-1-1 GIS mapping fund.
(2) There must be deposited in the account:
(a) money received from legislative allocations and transfers made in accordance with 10-4-304(5); and
(b) a transfer of money by the department in accordance with 10-4-307(1)(b) for use in accordance with subsection (3) of this section; and
(c)(b) any gift, donation, grant, legacy, bequest, or devise made for the purposes of subsection (3).
(3) The account may be used only by the state library provided for in 22-1-102 in carrying out its land information and management duties to award a contract in accordance with 18-1-102 to assess the status of GIS adoption and operations in Montana as they pertain to support public safety answering points in the on-going assessment and improvement of next-generation 9-1-1 GIS data sets.
(4) Funds in the account are statutorily appropriated to the state library as provided in 17-7-502.
(4) Before September 1, 2018, the state library shall produce a report summarizing the status of GIS adoption and operations in Montana as they pertain to next-generation 9-1-1, including policy and funding recommendations necessary to use GIS to advance next-generation 9-1-1. The state library shall provide the report to the energy and telecommunications interim committee provided for in 5-5-230.
(5) At the end of fiscal year 2019 2024, any unexpended balance in the account must be transferred to the account established by the department in accordance with 10-4-304(2)(b). (Terminates October 1, 2019--sec. 32, Ch. 367, L. 2017 September 30, 2024.)"
Section 9. Section 10-4-315, MCA, is amended to read:
"10-4-315. (Temporary) Statewide 9-1-1 planning, implementation, and maintenance account created -- source of funding -- use of account. (1) There is an account in the state special revenue fund to be known as the statewide 9-1-1 planning account.
(2) There must be deposited in the account:
(a) money received from legislative allocations and transfers; and
(b) a transfer of money by the department in accordance with 10-4-307(1)(c) for use in accordance with subsections (3) through (5) of this section; and
(c)(b) any gift, donation, grant, legacy, bequest, or devise made for the purposes of subsections (3) through (5) (6).
(3) The account may be used only by the department to award a contract in accordance with 18-1-102 and after consulting with the 9-1-1 advisory council created in 10-4-105 to develop, implement, and maintain a statewide 9-1-1 plan.
(4) A statewide 9-1-1 plan must include proposed:
(a) priorities for 9-1-1 systems in Montana and plans for next-generation 9-1-1 technology deployment;
(b) potential formulas and methods to distribute 9-1-1 money;
(c) uniform standards relating to technology, next- generation 9-1-1 technology, and administration and operation of 9-1-1 systems in Montana;
(d) steps to promote collaboration among local governments and greater incentives for cooperation among local governments and public safety answering points to improve efficiency by developing interconnectivity of 9-1-1 systems through partnerships for enhancement, operation, and maintenance of the network;
(e) eligible uses for money received by local governments in accordance with this chapter;
(f) audits or other steps necessary to ensure program compliance from entities receiving disbursements in accordance with this chapter;
(g) necessary plans to include, to the maximum extent feasible, the use of existing commercial communications infrastructure; and
(h) additional changes needed to this chapter to migrate legacy 9-1-1 systems and to accommodate evolving, future 9-1-1 technologies.
(5) Funds in the account are statutorily appropriated to the state library as provided in 17-7-502.
(5)(6) Before September 1, 2018 October 1, 2024, the 9-1-1 advisory council shall review the proposals and make its recommendations to the department on implementing the recommendations.
(6)(7) At the end of fiscal year 2019 2024, any unexpended balance in the account must be transferred to the account established by the department in accordance with 10-4-304(2)(b).(Terminates October 1, 2019--sec. 32, Ch. 367, L. 2017 September 30, 2024.)"
Section 10. Section 17-7-502, MCA, is amended to read:
"17-7-502. Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.
(2) Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:
(a) The law containing the statutory authority must be listed in subsection (3).
(b) The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.
(3) The following laws are the only laws containing statutory appropriations: 2-17-105; 5-11-120; 5-11-407; 5-13-403; 7-4-2502; 10-1-108; 10-1-1202; 10-1-1303; 10-2-603; 10-2-807; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-3-1304; 10-4-304; 10-4-308; 10-4-314; 10-4-315; 15-1-121; 15-1-218; 15-35-108; 15-36-332; 15-37-117; 15-39-110; 15-65-121; 15-70-101; 15-70-130; 15-70-433; 16-11-119; 16-11-509; 17-3-106; 17-3-112; 17-3-212; 17-3-222; 17-3-241; 17-6-101; 17-7-215; 18-11-112; 19-3-319; 19-3-320; 19-6-404; 19-6-410; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-305; 19-19-506; 19-20-604; 19-20-607; 19-21-203; 20-8-107; 20-9-534; 20-9-622; 20-9-905; 20-26-617; 20-26-1503; 22-1-327; 22-3-116; 22-3-117; 22-3-1004; 23-4-105; 23-5-306; 23-5-409; 23-5-612; 23-7-301; 23-7-402; 30-10-1004; 37-43-204; 37-50-209; 37-51-501; 37-54-113; 39-71-503; 41-5-2011; 42-2-105; 44-4-1101; 44-12-213; 44-13-102; 50-1-115; 53-1-109; 53-6-148; 53-6-1304; 53-9-113; 53-24-108; 53-24-206; 60-11-115; 61-3-321; 61-3-415; 69-3-870; 69-4-527; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 75-26-308; 76-13-150; 76-13-416; 76-17-103; 76-22-109; 77-1-108; 77-2-362; 80-2-222; 80-4-416; 80-11-518; 80-11-1006; 81-1-112; 81-1-113; 81-7-106; 81-10-103; 82-11-161; 85-20-1504; 85-20-1505; [85-25-102]; 87-1-603; 90-1-115; 90-1-205; 90-1-504; 90-3-1003; 90-6-331; and 90-9-306.
(4) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments.(In subsection (3): pursuant to sec. 10, Ch. 360, L. 1999, the inclusion of 19-20-604 terminates contingently when the amortization period for the teachers' retirement system's unfunded liability is 10 years or less; pursuant to sec. 10, Ch. 10, Sp. L. May 2000, secs. 3 and 6, Ch. 481, L. 2003, and sec. 2, Ch. 459, L. 2009, the inclusion of 15-35-108 terminates June 30, 2019; pursuant to sec. 73, Ch. 44, L. 2007, the inclusion of 19-6-410 terminates contingently upon the death of the last recipient eligible under 19-6-709(2) for the supplemental benefit provided by 19-6-709; pursuant to sec. 6, Ch. 61, L. 2011, the inclusion of 76-13-416 terminates June 30, 2019; pursuant to sec. 11(2), Ch. 17, L. 2013, the inclusion of 17-3-112 terminates on occurrence of contingency; pursuant to sec. 27, Ch. 285, L. 2015, and sec. 1, Ch. 292, L. 2015, the inclusion of 53-9-113 terminates June 30, 2021; pursuant to sec. 6, Ch. 291, L. 2015, the inclusion of 50-1-115 terminates June 30, 2021; pursuant to sec. 28, Ch. 368, L. 2015, the inclusion of 53-6-1304 terminates June 30, 2019; pursuant to sec. 5, Ch. 383, L. 2015, the inclusion of 85-25-102 is effective on occurrence of contingency; pursuant to sec. 5, Ch. 422, L. 2015, the inclusion of 17-7-215 terminates June 30, 2021; pursuant to sec. 6, Ch. 423, L. 2015, the inclusion of 22-3-116 and 22-3-117 terminates June 30, 2025; pursuant to sec. 10, Ch. 427, L. 2015, the inclusion of 37-50-209 terminates September 30, 2019; pursuant to sec. 33, Ch. 457, L. 2015, the inclusion of 20-9-905 terminates December 31, 2023; pursuant to sec. 12, Ch. 55, L. 2017, the inclusion of 37-54-113 terminates June 30, 2023; pursuant to sec. 4, Ch. 122, L. 2017, the inclusion of 10-3-1304 terminates September 30, 2025; pursuant to sec. 55, Ch. 151, L. 2017, the inclusion of 30-10-1004 terminates June 30, 2021; pursuant to sec. 1, Ch. 213, L. 2017, the inclusion of 90-6-331 terminates June 30, 2027; pursuant to secs. 5, 8, Ch. 284, L. 2017, the inclusion of 81-1-112, 81-1-113, and 81-7-106 terminates June 30, 2023; pursuant to sec. 1, Ch. 340, L. 2017, the inclusion of 22-1-327 terminates July 1, 2023, and pursuant to sec. 2, Ch. 340, L. 2017, and sec. 32, Ch. 429, L. 2017, is void for fiscal years 2018 and 2019; and pursuant to sec. 10, Ch. 374, L. 2017, the inclusion of 76-17-103 terminates June 30, 2027.)"
Section 11. Section 32, Chapter 367, Laws of 2017, is amended to read:
"Section 32. Termination. [Sections 9 10 through 13] terminate October 1, 2019 September 30, 2024."
NEW SECTION. Section 12. Repealer. The following sections of the Montana Code Annotated are repealed:
10-4-306. 9-1-1 grants.
10-4-307. Baseline next-generation 9-1-1 account transfers.
NEW SECTION. Section 13. Transfer of funds. In fiscal year 2020, prior to making a transfer in accordance with 10-4-304(5) and prior to making distributions in accordance with 10-4-304(6), the department shall transfer $150,000 from the state special revenue account established in 10-4-304(2)(b) into the statewide 9-1-1 planning account established in accordance with 10-4-315.
NEW SECTION. Section 14. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell Chippewa tribe.
NEW SECTION. Section 15. Effective date. [This act] is effective on passage and approval.
NEW SECTION. Section 16. Termination. [Sections 6 through 10] terminate September 30, 2024.
- END -
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