Idaho State Statutes - Idaho Attorney Directory

AUTHORITY TO ESTABLISH AND FOR VOTERS TO APPROVE FUNDING FOR A
CONSOLIDATED EMERGENCY COMMUNICATIONS SYSTEM. (1) The board of commissioners
of any county may establish a consolidated emergency communications system by
virtue of authority granted by this chapter or by chapter 23, title 67, Idaho
Code. The service area may be regional, multicounty, countywide, or any part
or parts of the county, and may include or exclude a city or cities. If the
board of county commissioners has adopted a resolution stating that the county
is unable to establish a countywide consolidated emergency communications
system, or if the voters reject a countywide consolidated 911 system, then a
911 service area may be established by action of any city or cities within the
county. The 911 service area shall be described in the ordinance of creation.
The ordinance shall further provide for an election on the question as
provided in subsection (2) of this section. The ordinance of creation shall
define the governing board, designate the administrator, and the agency to
service the 911 calls. The costs of the election ordered by the county shall
be a proper charge against the county current expense fund. The costs of the
election for a 911 service area shall be a proper charge against the city or
cities initiating the election.
(2) The voters of any county or 911 service area may authorize funding to
support implementation of a consolidated emergency communications system
pursuant to the provisions of this chapter. The authorization to provide such
funding must be made by the registered voters of the county or of the 911
service area at either a primary or general election. A notice for any
election shall be published for twenty (20) days as required by section
60-109, Idaho Code. A sixty percent (60%) majority of the votes cast in favor
of the question shall be necessary to authorize the emergency communications
fee.
(3) If a 911 system is to be financed in whole or in part by an emergency
communications fee, the governing board shall submit the question to the
electors of the county or 911 service area in substantially the following
form:
"Shall the governing board of ............ be authorized to institute
an emergency communications fee in an amount no greater than one
dollar ($l.00) per month to be used to fund an emergency telephone
system, commonly known as 911 service?".
(4) No emergency communications fee for a consolidated emergency
communications system shall be charged without voter approval as provided in
subsection (2) of this section.
(5) Any net savings in operating expenditures realized by any taxing
district utilizing a consolidated emergency communications system shall be
used by that taxing district for a reduction in the property tax charges of
that taxing district.
(6) If the voters of any county or 911 service area have previously
approved funding of a consolidated emergency communications system in the
manner provided in subsections (2) and (3) of this section, no further vote is
necessary to authorize the emergency communications fee set forth in this act.
(7) Effective October 1, 2004, and every year thereafter, the emergency
communications fee provided for in this act shall be reviewed and modified as
required by this subsection by the board of commissioners of a countywide
system or by the governing board of a 911 service area as follows:
(a) The level of the emergency communications fee shall be reviewed and,
as appropriate and necessary, readjusted by action of the board of
commissioners or the governing board on an annual basis. The board of
commissioners or governing board shall set the level of the fee based upon
the revenue requirements necessary to implement an annual budget prepared
under the direction of the board of commissioners or governing board for
the initiation, maintenance, operation, enhancement and governance of a
consolidated emergency communications system, including both basic and, if
applicable, enhanced consolidated emergency systems.
(b) The revenues from emergency communications fees shall be exclusively
expended pursuant to the budget established in paragraph (a) of this
subsection. Use of such revenues for any other purpose is expressly
prohibited.
(c) The process of reviewing and setting the level of emergency
communications fees shall be governed by the meeting and public notice
provisions of section 31-710(4), Idaho Code. For the purposes of this
section, the setting of a fee shall be deemed to be the promulgation of a
rule such that public participation provisions of section 67-5222, Idaho
Code, shall apply to the meetings of the board of commissioners or of a
governing board pursuant to this section.

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