71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 3977
LC 4193/HB 3977-13
HOUSE AMENDMENTS TO
HOUSE BILL 3977
By JOINT COMMITTEE ON WAYS AND MEANS
June 11
On page 1 of the printed bill, line 2, delete 'section 10 ' and
insert 'sections 10, 17, 18 and 20'.
In line 7, delete 'performance' and insert 'compliance'.
In line 8, delete the blank and insert '10'.
Delete lines 12 through 17 and insert:
' (2)(a) By September 1, 2002, in a county with more than one
primary public safety answering point, the primary public safety
answering points shall jointly submit to the Office of Emergency
Management a written plan for the consolidation of the primary
public safety answering points including, but not limited to,
requirements for the consolidation of facilities, equipment and
personnel.
' (b) The Office of Emergency Management shall submit the
written plans of counties with more than one primary public
safety answering point to the Seventy-second Legislative Assembly
to assist in the determination of how funds in the Primary Public
Safety Answering Points Consolidation Incentive Fund will be
allocated.
' (c) If the primary public safety answering points, in a
county with more than one primary public safety answering point,
fail to submit a written plan for consolidation under this
subsection, the Office of Emergency Management shall prepare and
submit a written plan to the Seventy-second Legislative Assembly
on behalf of the county.'.
On page 2, after line 10, insert:
' { + SECTION 2a. + } Section 17, chapter 533, Oregon Laws
1981, as amended by section 18, chapter 743, Oregon Laws 1991,
section 4, chapter 808, Oregon Laws 1993, and section 9, chapter
276, Oregon Laws 1995, is amended to read:
' { + Sec. 17. + } (1) The Emergency Communications Account
is established separate and distinct from the General Fund in the
State Treasury. All moneys received by the Department of Revenue
pursuant to sections 10 to 16, chapter 533, Oregon Laws 1981, and
interest thereon shall be paid to the State Treasurer to be held
in a suspense account established under ORS 293.445. After
payment of refunds, the balance of the moneys received shall be
paid into the State Treasury and credited to the Emergency
Communications Account. All earnings on investment of moneys in
the Emergency Communications Account shall accrue to that
account. All moneys in the account are appropriated continuously
to the Office of Emergency Management and shall be used for the
purposes described in section 18, chapter 533, Oregon Laws 1981.
' (2) The Enhanced 9-1-1 Subaccount is established as a
subaccount of the Emergency Communications Account. Thirty-five
percent of the amount in the Emergency Communications Account on
the date of distribution shall be credited to the Enhanced 9-1-1
Subaccount. All moneys in the account are continuously
appropriated to the Office of Emergency Management and shall be
used for the purposes described in section 18 (3) { + , + }
{ - and - } (4) { + and (5) + }, chapter 533, Oregon Laws
1981.
' (3) The Enhanced 9-1-1 Equipment Replacement Subaccount is
established as a subaccount of the Emergency Communications
Account. Two and one-half percent of the amount in the Emergency
Communications Account shall be credited to the Enhanced 9-1-1
Equipment Replacement Subaccount. All moneys in the account are
continuously appropriated to the Office of Emergency Management
and shall be used for the purposes described in section 18
{ - (6) - } { + (7) + }, chapter 533, Oregon Laws 1981.
' { + SECTION 2b. + } Section 18, chapter 533, Oregon Laws
1981, as amended by section 1, chapter 218, Oregon Laws 1987,
section 14, chapter 793, Oregon Laws 1989, section 19, chapter
743, Oregon Laws 1991, section 11, chapter 707, Oregon Laws 1993,
and section 10, chapter 276, Oregon Laws 1995, is amended to
read:
' { + Sec. 18. + } The Office of Emergency Management shall
distribute quarterly the entire amount of the moneys in the
Emergency Communications Account beginning in June 1982. The
office shall pay the following amounts from the account:
' (1) Administrative costs incurred during the preceding
calendar quarter by the Department of Revenue in carrying out
sections 10 to 16, chapter 533, Oregon Laws 1981. The amount paid
to the department shall not exceed one-half of one percent of the
amount in the account on the date of distribution, or actual
expenses incurred by the department, whichever is less.
' (2) Administrative costs incurred during the preceding
calendar quarter by the Office of Emergency Management in
carrying out its duties under chapter 533, Oregon Laws 1981. The
amount paid to the office shall not exceed four percent of the
amount in the account on the date of distribution, or actual
expenses incurred by the office, whichever is less. The office
may provide funding under this subsection for the Oregon
Emergency Response System in an amount not to exceed 15 percent
of the legislatively approved budget for the Oregon Emergency
Response System. Funding provided to the Oregon Emergency
Response System under this subsection shall be in the manner
prescribed by the office and shall be subject to the availability
of funds for such funding.
' (3) Funds in the Enhanced 9-1-1 Subaccount shall be used to
pay for costs incurred during the preceding calendar quarter for
enhanced 9-1-1 telephone service established pursuant to ORS
401.720. Enhanced 9-1-1 subaccount funds shall not be disbursed
to a 9-1-1 jurisdiction which does not have an approved final
plan as required in section 7, chapter 743, Oregon Laws 1991.
Payments shall be made only after a reimbursement request has
been submitted to the Office of Emergency Management in the
manner prescribed by the office. Reimbursement requests for
recurring and nonrecurring charges necessary to enable the 9-1-1
jurisdiction to comply with ORS 401.720 shall be submitted
directly to the Office of Emergency Management. The costs payable
under this section are only those incurred for:
' (a) Modification of central office switching and trunking
equipment;
' (b) Network development, operation and maintenance;
' (c) Database development, operation and maintenance;
' (d) On-premise equipment procurement, maintenance and
replacement;
' (e) Conversion of pay station telephones required by ORS
401.770;
' (f) Collection of the tax imposed by sections 10 to 16,
chapter 533, Oregon Laws 1981; and
' (g) Addressing if the reimbursement request is consistent
with rules adopted by the office.
' (4) 9-1-1 jurisdictions who have enhanced 9-1-1 telephone
service operational prior to December 31, 1991, shall receive
funding based on cost information provided in their final plan
required in section 7, chapter 743, Oregon Laws 1991. Plans
submitted which meet the minimum requirements set forth in ORS
401.720 (2) and (4) shall be approved. Funding for costs incurred
prior to the preceding calendar quarter shall be limited to
charges associated with database development, network and
on-premise equipment which satisfy the requirements of ORS
401.720 (2) and (4). Funding under this section shall be in the
manner prescribed by the office and subject to the availability
of funds therefor.
' { + (5) 9-1-1 jurisdictions may use funds distributed to
the jurisdiction from any account described in section 17,
chapter 533, Oregon Laws 1981, to repay loans from the Special
Public Works Fund if the loans were used for purposes that are
allowable under ORS 401.710 to 401.790. + }
' { - (5) - } { + (6) + } Any amounts remaining in the
Enhanced 9-1-1 Subaccount shall be retained by the Office of
Emergency Management and may be distributed in any subsequent
quarter for those purposes set forth in subsections (3) { + , + }
{ - and - } (4) { + and (5) + } of this section.
' { - (6) - } { + (7) + } The Enhanced 9-1-1 Equipment
Replacement Subaccount shall be used by the Office of Emergency
Management to provide funds to replace and upgrade equipment to
carry out the provisions of ORS 401.710 to 401.790 and sections
10 to 20, chapter 533, Oregon Laws 1981. If at any time
unexpended and unobligated balances in the subaccount exceed
$500,000, such excess amount shall be transferred and credited to
the Emergency Communications Account and shall be used for the
purposes otherwise provided by law.
' { - (7) - } { + (8) + } The office shall review
reimbursement requests for modification of central office
switching and trunking equipment, conversion of pay station
telephones, and network development, operation and maintenance
costs necessary to comply with ORS 401.720 for the
appropriateness of the costs claimed. The office shall approve or
disapprove the reimbursement requests.
' { - (8) - } { + (9) + } The office shall review
reimbursement requests for database development, operation and
maintenance, and on-premise equipment procurement, maintenance
and replacement costs necessary to comply with ORS 401.720 for
the appropriateness of the costs claimed.
' { - (9) - } { + (10) + } After all amounts under
subsections (1) and (2) of this section and section 17 (2) and
(3), chapter 533, Oregon Laws 1981, have been paid, the balance
of the Emergency Communications Account shall be distributed to
cities on a per capita basis and to counties on a per capita
basis of each county's unincorporated area, for distribution to
9-1-1 jurisdictions within the city or county, but each county
shall receive a minimum of one percent of the balance of the
account after the amounts under subsections (1) and (2) of this
section and section 17 (2) and (3), chapter 533, Oregon Laws
1981, have been paid. A 9-1-1 jurisdiction whose 9-1-1 service
area includes more than one city or county shall receive funds
from each city or county involved.
' { - (10) - } { + (11) + } Notwithstanding subsection
{ - (9) - } { + (10) + } of this section, a city or county may
have its quarterly distribution made payable and sent to the
9-1-1 jurisdiction responsible for providing the services
required in ORS 401.720.
' { - (11) - } { + (12) + } 9-1-1 jurisdictions shall submit
an accounting report to the office annually. The report shall be
provided in the manner prescribed by the office, and shall
include but not be limited to:
' (a) Funds received and expended under subsection { - (9)
or - } (10) { + or (11) + } of this section for the purposes of
fulfilling the requirements of ORS 401.720;
' (b) Local funds received and expended for the purposes of
fulfilling the requirements of ORS 401.720; and
' (c) Local funds received and expended for the purposes of
providing emergency communications services.
' { + SECTION 2c. + } Section 20, chapter 533, Oregon Laws
1981, as amended by section 16, chapter 793, Oregon Laws 1989,
and section 21, chapter 743, Oregon Laws 1991, is amended to
read:
' { + Sec. 20. + } (1) Except as provided in subsection (2)
of this section and rules adopted under ORS 401.730 (1)(a),
moneys received under section 18 { - (9) - } { + (10) + },
chapter 533, Oregon Laws 1981, may be used only to pay for
planning, installation, maintenance, operation and improvement of
a 9-1-1 emergency reporting system as it relates to getting the
call from the citizen to the primary public safety answering
point and in transmitting the information from the primary public
safety answering point to the secondary public safety answering
point or responding police, fire, medical or other emergency unit
by telephone, radio or computerized means.
' (2) Moneys not then being used may be invested by a city or
county. The income from the investments shall be used for the
purposes described in subsection (1) of this section.'.
In line 35, after 'efficiency' delete the rest of the line and
line 36 and insert 'as directed by the Seventy-second Legislative
Assembly.'.
After line 40, insert:
' { + SECTION 6. + } { + (1) The Director of the Office of
Emergency Management shall establish by administrative rule the
minimum standards for a primary public safety answering point.
' (2) If a primary public safety answering point does not meet
the minimum standards established under subsection (1) of this
section within 45 days after receipt of written notice from the
Office of Emergency Management, the office shall designate an
alternate primary public safety answering point that meets the
minimum standards and cause calls to be rerouted to the
designated primary public safety answering point. + }
' { + SECTION 7. + } { + It is the intent of the
Seventy-first Legislative Assembly that, in biennia beyond the
2001-2003 biennium, revenues generated by the tax imposed under
section 10, chapter 533, Oregon Laws 1981, shall be used to
support only one primary public safety answering point in each
county. + } ' .
In line 41, delete '6' and insert '8' and after '5 ' insert 'to
7'.
After line 42, insert:
' { + SECTION 9. + } { + The Office of Emergency Management
may not expend moneys from the Primary Public Safety Answering
Points Consolidation Incentive Fund without authorization from
the Seventy-second Legislative Assembly. + } ' .
In line 43, delete '7' and insert '10' and after ' amendments'
delete the rest of the line and insert 'to sections 10, 17, 18
and 20, chapter 533, Oregon Laws 1981, by sections 2 to 2c'.
In line 45, delete '8' and insert '11'.
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