Bill Text: OR SB1559 | 2012 | Regular Session | Enrolled
Bill Title: Relating to 9-1-1 emergency communications; and prescribing an effective date.
Spectrum: Unknown
Status: (Passed) 2012-03-20 - Effective date, June 4, 2012. [SB1559 Detail]
Download: Oregon-2012-SB1559-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
Senate Bill 1559
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Veterans' and Military Affairs for Senator Alan Olsen)
CHAPTER ................
AN ACT
Relating to 9-1-1 emergency communications; creating new
provisions; amending ORS 403.240; and prescribing an effective
date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 403.240 is amended to read:
403.240. (1) The Office of Emergency Management shall
distribute quarterly the entire amount of the moneys in the
Emergency Communications Account. The office shall pay the
following amounts from the account:
(a) Administrative costs incurred during the preceding calendar
quarter by the Department of Revenue in carrying out ORS 403.200
to 403.230 in an amount that does 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.
(b) Administrative costs to be incurred during the calendar
quarter by the Office of Emergency Management in carrying out its
duties under ORS 305.823 and 403.105 to 403.250. The amount to be
paid under this paragraph may not exceed four percent of the
amount in the account on the date of distribution, and, on or
before the next date of distribution, the office shall repay to
the account any amount received under this paragraph that exceeds
the actual expenses incurred by the office in the quarter.
(2) The office may:
(a) Provide funding for the Oregon Emergency Response System in
an amount that does not exceed 15 percent of the legislatively
approved budget for the Oregon Emergency Response System subject
to availability of funds within the limit for administrative
costs in subsection (1)(b) of this section.
(b) Prescribe the manner in which funding is provided to the
Oregon Emergency Response System under this subsection.
(3) The office shall use funds in the Enhanced 9-1-1 Subaccount
to pay for costs incurred during the preceding calendar quarter
for enhanced 9-1-1 telephone service established pursuant to ORS
403.115. The office may not disburse funds in the Enhanced 9-1-1
Subaccount to a 9-1-1 jurisdiction that does not have an approved
final plan as required in section 7, chapter 743, Oregon Laws
1991. The office shall make payments for reimbursement only after
a reimbursement request has been submitted to the office in the
Enrolled Senate Bill 1559 (SB 1559-B) Page 1
manner prescribed by the office. Reimbursement requests for
recurring and nonrecurring charges necessary to enable the 9-1-1
jurisdiction to comply with ORS 403.115 must be submitted
directly to the office. The costs reimbursable under this
subsection 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-premises equipment procurement, maintenance and
replacement;
(e) Conversion of pay station telephones required by ORS
403.140;
(f) Collection of the tax imposed by ORS 403.200 to 403.230;
and
(g) Addressing if the reimbursement request is consistent with
rules adopted by the office.
(4) Subject to availability of funds, the office shall provide
funding to 9-1-1 jurisdictions that have enhanced 9-1-1 telephone
service operational prior to December 31, 1991, based on cost
information provided in their final plan required in section 7,
chapter 743, Oregon Laws 1991. The office shall approve final
plans submitted that meet the minimum requirements set forth in
ORS 403.115 (2) and (4). The office shall limit funding for costs
incurred prior to the preceding calendar quarter to charges
associated with database development, network and on-premises
equipment that satisfies the requirements of ORS 403.115 (2) and
(4). The office shall prescribe the manner in which funding is
provided under this subsection.
(5) 9-1-1 jurisdictions may use funds distributed to the
jurisdiction from any account described in ORS 403.235 to repay
loans from the Special Public Works Fund if the loans were used
for purposes that are allowable under ORS 403.105 to 403.250.
(6) The office shall retain amounts remaining in the Enhanced
9-1-1 Subaccount and may distribute the amounts in a subsequent
quarter for those purposes set forth in subsections (3), (4) and
(5) of this section.
(7) 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
403.115 for the appropriateness of the costs claimed. The office
shall approve or disapprove the reimbursement requests.
(8) The office shall review reimbursement requests for database
development, operation and maintenance, and on-premises equipment
procurement, maintenance and replacement costs necessary to
comply with ORS 403.115 for the appropriateness of the costs
claimed.
(9) After all amounts under subsections (1) and (2) of this
section and ORS 403.235 (2) have been paid, the office shall
{ - distribute - } { + allocate + } the balance of the
Emergency Communications Account to cities on a per capita basis
and to counties on a per capita basis of each county's
unincorporated area for distribution { + directly + } to 9-1-1
jurisdictions { - within - } { + as directed by + } the city
or county. However, each county must { - receive - } { + be
credited + } a minimum of one percent of the balance of the
account after the amounts under subsections (1) and (2) of this
section and ORS 403.235 (2) have been paid. { - A city or
Enrolled Senate Bill 1559 (SB 1559-B) Page 2
county shall pay each 9-1-1 jurisdiction whose 9-1-1 service area
includes all or part of the city or county. - }
{ - (10) Notwithstanding subsection (9) 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 403.115. - }
{ - (11) - } { + (10) + } 9-1-1 jurisdictions shall submit
an accounting report to the office annually. The report must be
provided in the manner prescribed by the office and must include
but not be limited to:
(a) Funds received and expended under subsection (9) { - or
(10) - } of this section for the purposes of fulfilling the
requirements of ORS 403.115;
(b) Local funds received and expended for the purposes of
fulfilling the requirements of ORS 403.115; and
(c) Local funds received and expended for the purposes of
providing emergency communications services.
SECTION 2. { + The amendments to ORS 403.240 by section 1 of
this 2012 Act apply to distributions from the Emergency
Communications Account on or after January 1, 2013. + }
SECTION 3. { + This 2012 Act takes effect on the 91st day
after the date on which the 2012 regular session of the
Seventy-sixth Legislative Assembly adjourns sine die. + }
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Passed by Senate February 24, 2012
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House February 28, 2012
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 1559 (SB 1559-B) Page 3
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 1559 (SB 1559-B) Page 4
