71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 4193
A-Engrossed
House Bill 3977
Ordered by the House June 11
Including House Amendments dated June 11
Sponsored by JOINT COMMITTEE ON WAYS AND MEANS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Extends time during which tax is imposed to fund emergency
reporting systems. Authorizes expenditure of moneys for emergency
communications equipment needed for operation of Central
Communications and Coordination Center.
Directs Division of Audits to conduct { - performance - }
{ + compliance + } audits on sample of cities and counties to
study use of emergency communications funds. { + Directs primary
public safety answering points in county with more than one
primary public safety answering point to jointly submit written
plan for consolidation to Office of Emergency Management. + }
Directs office
{ - of Emergency Management - } to develop consolidation plan
for public safety answering points { - and - } { + if primary
public safety answering points fail to submit plan. Requires
office to + } report to Legislative Assembly. { + Expands
purposes for which moneys in Enhanced 9-1-1 Subaccount of
Emergency Communications Account may be used. + } Establishes
Primary Public Safety Answering Points Consolidation Incentive
Fund. { + Requires Director of Office of Emergency Management to
establish minimum standards for primary public safety answering
point by rule. + }
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to emergency communications; creating new provisions;
amending sections 10, 17, 18 and 20, chapter 533, Oregon Laws
1981; appropriating money; limiting expenditures; prescribing
an effective date; and providing for revenue raising that
requires approval by a three-fifths majority.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) In the biennium beginning July 1, 2001, the
Division of Audits of the office of the Secretary of State shall
conduct compliance audits on a sample of cities and counties
constituting not less than 10 percent of cities and counties to
determine whether emergency communications funds allocated to
cities and counties from revenues collected under section 10,
chapter 533, Oregon Laws 1981, are being used as directed in
sections 17 and 18, chapter 533, Oregon Laws 1981.
(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. + }
SECTION 2. Section 10, chapter 533, Oregon Laws 1981, as
amended by section 1, chapter 793, Oregon Laws 1989, section 12,
chapter 743, Oregon Laws 1991, section 1, chapter 808, Oregon
Laws 1993, and section 2, chapter 276, Oregon Laws 1995, is
amended to read:
{ + Sec. 10. + } (1) There is imposed on each paying retail
subscriber who has telecommunication services with access to the
9-1-1 emergency reporting system a tax equal to 75 cents per
month. The tax shall be applied on a telecommunications circuit
designated for a particular subscriber. One subscriber line shall
be counted for each circuit that is capable of generating usage
on the line side of the switched network regardless of the
quantity or ownership of customer premise equipment connected to
each circuit. For providers of central office based services, the
tax shall be applied to each line that has unrestricted
connection to the switched network. Those central office based
service lines that have restricted connection to the switched
network shall be charged based on software design in the central
office that restricts the number of station calls to and from the
network. For cellular, wireless or other radio common carriers,
the tax shall apply on a per instrument basis { + and only if
the subscriber's place of primary use, as defined and determined
under 4 U.S.C. 116 to 126, is within this state + }.
(2) The subscriber shall be liable for the tax imposed by this
section.
(3) The amounts of tax collected by the provider shall be
considered as payment by the subscriber for that amount of tax.
(4) Any return made by the provider collecting the tax shall be
accepted by the Department of Revenue as evidence of payments by
the subscriber of amounts of tax so indicated upon the return.
(5) The tax shall continue until December 31, { - 2001 - }
{ + 2003 + }.
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.
SECTION 3. { + Notwithstanding the direction in sections 17
and 18, chapter 533, Oregon Laws 1981, in the biennium beginning
July 1, 2001, the Office of Emergency Management shall provide
$1,754,101 from the moneys in the Enhanced 9-1-1 Subaccount to be
used solely to assist in the purchase of communications
equipment, including computer, radio and dispatch equipment,
required for the operation by the Oregon State Police of the
Central Communications and Coordination Center. + }
SECTION 4. { + (1) Notwithstanding the direction in section
18, chapter 533, Oregon Laws 1981, to distribute the entire
amount of the moneys in the Emergency Communications Account, the
amount of $56 million is established for the biennium beginning
July 1, 2001, as the amount of funds to be distributed as
described in sections 17 and 18, chapter 533, Oregon Laws 1981.
(2) In addition to and not in lieu of any other law limiting
the expenditures of the Department of State Police, including the
limit on expenditures established by section 2 (5), chapter ___,
Oregon Laws 2001 (Enrolled Senate Bill 5538), the amount of $39.5
million is established for the biennium beginning July 1, 2001,
as the maximum limit for payment of expenses from fees, moneys or
other revenues, including Miscellaneous Receipts, but excluding
lottery funds and federal funds, collected or received by the
Office of Emergency Management for the amount of the credits and
payments described in sections 17 and 18, chapter 533, Oregon
Laws 1981. + }
SECTION 5. { + (1) The Primary Public Safety Answering Points
Consolidation Incentive Fund is established separate and distinct
from the General Fund. Moneys in the fund are continuously
appropriated to the Office of Emergency Management. Interest
earned by the fund shall be credited to the fund. Moneys credited
to the Primary Public Safety Answering Points Consolidation
Incentive Fund shall be available for the purpose of
consolidating emergency communications operations and improving
efficiency as directed by the Seventy-second Legislative
Assembly.
(2) Moneys remaining in the Emergency Communications Account
after the payments required under sections 3 and 4 of this 2001
Act shall be transferred to the Primary Public Safety Answering
Points Consolidation Incentive Fund established under subsection
(1) of this section. + }
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. + }
SECTION 8. { + Sections 1 and 5 to 7 of this 2001 Act are
added to and made a part of sections 10 to 20, chapter 533,
Oregon Laws 1981. + }
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. + }
SECTION 10. { + The amendments to sections 10, 17, 18 and 20,
chapter 533, Oregon Laws 1981, by sections 2 to 2c of this 2001
Act apply to subscriber bills issued on or after August 1,
2002. + }
SECTION 11. { + This 2001 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-first
Legislative Assembly adjourns sine die. + }
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