Bill Text: OR SB1559 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to 9-1-1 emergency communications; and prescribing an effective date.

Sponsorship: Unknown

Status: (Passed) 2012-03-20 - Effective date, June 4, 2012. [SB1559 Detail]

Download: Oregon-2012-SB1559-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

SA to SB 1559

LC 5/SB 1559-4

                      SENATE AMENDMENTS TO
                        SENATE BILL 1559

         By COMMITTEE ON VETERANS' AND MILITARY AFFAIRS

                           February 15

  On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and delete line 3 and insert '403.240; and
prescribing an effective date.'.
  Delete lines 5 through 30 and delete pages 2 through 4 and
insert:
  '  { +  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 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 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 the city or
county - } . However, each county must receive 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 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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