HomeMy WebLinkAboutAgenda - 10-02-2012 - 5h 1
ORD-2012-042
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 2, 2012
Action Agenda
Item No. 5-h
SUBJECT: Return of Funds to the County's Emergency Telephone Fund (911) for Funds
Transferred to Establish an Emergency Services Capital Reserve within the
General Fund and Approval of Budget Amendment# 2-A
DEPARTMENT: Manager's Office and Financial PUBLIC HEARING: (Y/N) No
and Administrative Services
ATTACHMENT(S): INFORMATION CONTACT:
January 21, 2010 Board Meeting Frank Clifton, 919-245-2300
Abstract Clarence Grier, 919-245-2453
Session Law 2007-383/NC House Bill
1755
PURPOSE: To 1) receive information on a request from the NC 911 Board for Orange County
to return funds to the County's Emergency Telephone Fund (911) for funds transferred to
establish an Emergency Services Capital Reserve within the General Fund; 2) authorize staff to
make the appropriate transfer to the 911 Fund to resolve the matter with the NC 911 Board; and
3) approve Budget Amendment #2-A to the fiscal year 2012 — 2013 budget.
BACKGROUND: In November 2009, the Board of County Commissioners approved setting
aside $1.2 million of 911 funds to establish an Emergency Services Reserve Capital Project to
purchase equipment, vehicles and capital maintenance for Emergency Services. In FY 2010,
$1.2 million was transferred from the 911 Fund to the General Fund. The funds from the
transfer were used to purchase three ambulances. Based on information provided by the NC
911 Board, County staff incorrectly interpreted the transfer of all funds as an eligible
expenditures based on NC House Bill 1755. NC House Bill 1755 stipulated that only landline
fees could be transferred to the General Fund and used for any purpose. The total balance of
landline fees available for transfer was $295,633.
In a recent meeting with the NC 911 Board, County staff was informed that a majority of the
funds transferred from the 911 Fund were ineligible, and only $295,633 of 911 funds were
eligible for use for the establishment of the Reserve. The 911 Board has requested that Orange
County return the funds to the County's 911 Fund. The original amount transferred from the 911
Fund was $1,200,000. The total amount agreed upon by the NC 911 Board and County staff to
return to the fund is $904,367. These funds will be transferred back to the 911 Fund from the
General Fund's fund balance. Funds are available for this purpose.
2
FINANCIAL IMPACT: The financial impact of returning the funds to the 911 Fund would
decrease the unassigned (available) balance of the General Fund by $904,367, and increase
the fund balance of the 911 Fund that same amount.
RECOMMENDATION(S): The Manager recommends that the Board authorize staff to make
the appropriate transfer from the General Fund to the 911 Fund to resolve the matter with the
NC 911 Board, and approve Budget Amendment#2-A.
3
111'1111 1111111, 11
111111111111 111, 'I 1:01
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGEND -
Meeting Date: January 21, 2Q10
Action Agenda
Item No; L41
SUBJECT; Bid Award;Ambulances for Emerm en Services
DEPARTMENT; Asset Management and PUBLIC,HEARING: (YIN) No
Purchasing Services (AMPS)
& Emergency San/ices
ATTACHMENT(S): INFORMATION CONTACT:
Pam Jones, AMPS, 919-245-2652
Emergency Services Reserve C;pital David Cannell, AMPS, 919-245-2651
Project Ordinance Frank Mlontes de Oca, Emergency
Services, 919-245 -6100
Clint Osborn, Emergency Services, 919-
245-6100
Clarence Grier, Financial Senrices, 919-
245-2453
PURPOSE: To consider awarding a bid for the purchase of three ambulances to Excellence
Incorporated of Madison, Alabama and to purchase additional safety and patient care
equipment.
ACKGROUND: Between 2004 and 2006, Emergency Services upgraded the anti L.
ambulance fleet with eight F-450 Ford Ambulances, Ore a laulance has been permanently
removed from the fleet due to a collision. Five of the remaining seven have reached the end of
their expected useful life as frontline response units.
While certain changes, such as the move to a larger chassis arid the addition of the dual power
climate control systems have been very beneficial, none of these vehicles were able to utilize
the bic-diesel fuel mixture as expected in 2004 due to critical fuel system issues that caused
ongoing problems. In addition, the SOL Ford engines have been plagued with mechanical'
issues increasing repair cost and time out of service, The Ford 6.01_ engine problems ar-
affecting EMS systems nationwide with Orange County currently participating in a class action
lawsuit against the manufacturer.
In 2008 after a series of occasions whereby the ambulance fleet could not sustain the workload,
Emergency Services staff approached Public Works FI:st Management to irevelop a long term
solution, Following a series of meetings Emergency Services and Public Works agreed that a
medium duty chassis and drive train (engine and transmission) is critical to compensate for
increasing call volume„ mileage, -nd corresponding on-scene idling during calls,
At the same time, the County Manager directed Emergency Services to initiate a regular
replacement cycle starting With three new ambulances in the first year (FY 20109-2010) followed
4
by an annual purchase of two ambulances every year. The goal is to maintain a frontline and
backup fleet consisting of nine ambulances allowing for an effective rotating replacement cycle.
Working together, Emergency Services and Public Works identified the following key decision
points:
• All ambulance purchases would conform to 2010 emissions standards leading to decreased
green house gas emissions; and
• Ambulances will be purchased with medium duty chassis and drivetrain to increase in
service uptime. Medium Duty drivetrains are more capable of handling on-scene idling,
have stronger braking, cooling and suspension components, and are critical for a system
such as Orange County with_increasing call volume; and
• Purchases will demonstrate a continued focus on crew and patient safety; and
• The new ambulances would be capable of operating on a diesel fuel blend of up to twenty-
percent biodiesel (B-20).
EMS systems require one front-line ambulance for every crew and 1 back-up (reserve)
ambulance for every 3 front-line units to maintain a reliable system. In addition, Orange County
Emergency Services routinely provides, special events coverage requiring the use of additional
ambulances. This results in a need for nine ambulances in the fleet. Further efficiencies
related to fleet management are related to future system response using AVL (Automatic
Vehicle Locators), which allows E911 telecommunicators to dispatch the closest unit resulting in
decreased response times, reduced fuel consumption and.improved service delivery.
Staff has identified a vendor that has a demonstrated history of successfully remounting its
patient care module onto a new chassis. In the future this allows the option to recycle the
module at the end of the chassis' useful life, which is intended to reduce fleet costs.
Emergency Services staff began research by contacting and interviewing eleven EMS fleet
managers from various systems along the east coast including seven from North Carolina.
Staff identified two preferred chassis styles all featuring medium duty drive trains. Based on
those findings, Public Works determined the optimal drive train from an emissions and
serviceability perspective. Staff undertook a process to identify a vendor who could provide the
drive train combination package. Emergency Services staff identified the vendor who best met
these criteria and who also had a strong reputation for providing successful remounts to its
ambulances.
North Carolina General Statute 143-129 allows local governments to make purchases without.a
separate bidding procedure. This type of acquisition can be made from any contractor that has,
within the past 12 months, contracted to furnish the item to: (1) the federal government or any
federal agency; (2) the State of North Carolina or any agency or political subdivision of the
state; or (3) any other state or agency or political subdivision of.that state, if the contractor is
willing to extend the same or more favorable price and other terms to the local government.
This process is called "piggy-backing" a bid.
Staff proposes to "piggy back" on the Florida Sheriffs Association bid that was awarded to
Excellance, Inc. of Madison, Alabama on December 10, 2009 for Type I ambulances mounted
5
on Freightliner M2 cab & chassis at a cost of $214,090.68 each. The statute that authorizes
"piggy-back"bids requires that the entity advertise its intentions ten (10) days prior to a meeting
in which the matter is to be considered. Orange County has fulfilled that requirement. Some of
the jurisdictions currently utilizing Excellance ambulances include:
• Mecklenburg County, North Carolina
• Parkwood Fire Department, North Carolina
• Brunswick County, North Carolina
• Mint Hill, North Carolina
• Lexington Fire, Kentucky
• Osceola County Fire, Florida.
• Little Rock, Arkansas
• Greenwood County, South Carolina
The goal of this purchase is to create a turn-key solution so that the ambulance arrives ready to
go into service. These purchases include key pieces of equipment in addition to the
ambulance. The radio systems are purchased, programmed, and drop-shipped to the
ambulance manufacturer. Stretchers and stair-chairs are both critical equipment for lifting and
moving patients over varied terrain and in different types of structures. This type of equipment
is critical to the proper movement of patients to prevent injury to both patient and crew and
reduces injury time and cost.
While some of the equipment included in this purchase is already available on the existing
ambulances, some of the safety equipment and patient care equipment is new to the fleet —
most notably the medical freezers, fluid warmers and equipment mounting. An additional
package of equipment must be purchased to bring the existing seven ambulances up to the
new configuration.
FINANCIAL IMPACT: Funds for the purchase of the first three ambulances will come from the
$1.2 million 911 funds that the Board approved setting aside in an Emergency Services
Reserve Capital Project for equipment, vehicles, and capital maintenance. At its November 17,
2009 meeting, the Board approved $50,000 from this reserve to refurbish the Revere Road
facility as an EMS station, so $1,150,000 is currently available. Initial cost of this action, if
approved by the Board, is approximately $670,000 to purchase the first three ambulances
(including radios) plus $50,000 to purchase the patient care and safety equipment for the
existing ambulances.
RECOMMENDATION(S): The Manager recommends that the Board:
1. Approve the ongoing plan as proposed by Emergency Services and Fleet Management
to strategically replace ambulances; and
2. Award the bid to Excellance, Inc. and authorize Emergency Services and Asset
Management and Purchasing Services to proceed with the immediate plan to purchase
the three ambulances from Excellance, Inc.; and
3. Approve funds up to $750,000 from the Emergency Services Reserve Capital Project,
allocate this amount to the Emergency Services Department's capital budget section
within the General Fund for the purchase, and approve the attached Capital Project
Ordinance.
•
6
ORO- 010- DQa
Emergency Services Reserve
Capital Project Ordinance
Be it ordained by the Orange County Board of County Commissioners that pursuant to
• Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following
capital project is hereby adopted.
Section 1. The project authorized reserves monies for Emergency Services related
equipment, vehicles and capital maintenance. Proceeds from the use of
Emergency Telephone funds as authorized by the General Assembly in
FY 2008-09 finance this project.
Section 2. The officers of the County are hereby directed to proceed with the project
within the budget contained herein.
Section 3. The following revenue is anticipated to complete this project:
Through FY Through FY
2008-09 FY 2009-10 2009-10
Sales Tax $0 $0 $0
2001 Bonds $0 $0 $0
2004 Two-Thirds Net Debt $0 $0 $0
From E911 funds $0 $1,200,000 $1,200,000
Other $0 $0 $0
Total Funding $0 • $1,200,000 $1,200,000
Section 4. The following amount is appropriated for this project:
Through FY Through FY
2008-09 FY 2009-10 2009-10
Land/Building $0 $0
•
$0
Planning/Architect/Engineering $0 $0 $0
. Reserve $0 $400,000 $400,000
Transfer to General Fund(Vehicle
Purchases-FY 2009-10) $0 $750,000 $750,000
Transfer to General Fund(Revere
Road EMS Station-FY 2009-10) $0 $50,000 $50,000
Total Costs $0 $1,200,000 $1,200,000
Section 5. This ordinance shall remain in effect until the Board of County
Commissioners takes action to amend the ordinance or dose the project
ordinance upon completion of the project.
Adopted this 21st day of January 2010.
7
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-383
HOUSE BILL 1755
AN ACT TO MODERNIZE AND IMPROVE THE ADMINISTRATION OF THE
STATE'S 911 SYSTEM THROUGH A STATEWIDE 911 BOARD, BY
ENSURING THAT ALL VOICE SERVICES CONTRIBUTE TO THE 911
SYSTEM AND BY PROVIDING PARITY IN THE QUALITY OF SERVICE
AND THE LEVEL OF 911 CHARGES ACROSS VOICE COMMUNICATIONS
SERVICE PROVIDERS.
Whereas, maintaining an efficient Enhanced 911 system across the State
benefits all citizens and not just certain localities; and
Whereas, the Wireless 911 Board has successfully administered the statewide
wireless Enhanced 911 system for many years; and
Whereas, local governments have administered a similar wireline Enhanced
911 system for their local jurisdictions; and
Whereas, the average monthly 911 service charges paid to local governments
by local exchange company customers exceeds the average monthly 911 service charges
paid to the Wireless 911 Board by wireless company customers, thereby creating an
unfair competitive advantage for wireless companies; and
Whereas, some VoIP-enabled providers do not currently support the
Enhanced 911 system by collecting 911 service charges; and
Whereas, the consolidation of the State's Enhanced 911 system under a single
board with a uniform 911 service charge will improve the integration of the State's 911
system, enhance efficiency and accountability, and create a level competitive playing
field among voice communications technologies; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.(a) Chapter 62A of the General Statutes is amended by adding
a new Article to read:
"Article 3.
"Emergency Telephone Service.
"§ 62A-40. Definitions.
The following definitions apply in this Article.
E1 i 911 Board. —The 911 Board established in G.S. 62A-41.
911 Fund. —The North Carolina 911 Fund established in G.S. 62A-43.
911 State Plan. — A document prepared, maintained, and updated by
the 911 Board that provides a com 3rehensive plan for communicating
911 call information across networes and among PSAPs, addresses all
aspects of the State's 911 system, and describes the allowable uses of
revenue in the 911 Fund.
(4) 911 system. — An emergency telephone system that does all of the
following:
a. Enables the user of a voice communications service connection
to reach a PSAP by dialing the digits 911.
b. Provides enhanced 911 service.
(5) Call taking. — The act of processing a call for emergency assistance up
to the point that the call is ready for dispatch, including the use of
8
equipment, call classification, location of a caller, and determination of
the appropriate response level for emergency responders.
(6) Commercial Mobile Radio Service (CMRS). — Defined in 47 C.F.R. §
20.3.
(7) CMRS connection. — Each mobile handset telephone number assigned
to a CMRS subscriber with a place of primary use in North Carolina.
(8) CMRS provider. — An entity, whether facilities-based or
nonfacilities-based, that is licensed by the Federal Communications
Commission to provide CMRS or that resells CMRS within North
Carolina.
(9) Enhanced 911 service. — Directing a 911 call to an appropriate PSAP
by selective routing based on the geographical location from which the
call originated and providing information defining the approximate
geographic location and the telephone number of a 911 caller, in
accordance with the FCC Order.
f10) Exchange access facility. — The access from a subscriber's premises to
the telephone system of a service supplier. The term includes service
supplier provided access lines, private branch exchange trunks, and
centrex network access registers, as defined by applicable tariffs
approved by the North Carolina Utilities Commission. The term does
not include service supplier owned and operated telephone pay station
lines, Wide Area Telecommunications Service (WATS), Foreign
Exchange (FX), or incoming only lines.
f11) FCC Order. — The Order of the Federal Communications Commission,
FCC Docket No. 94-102, adopted on December 1, 1997, and any
consent decrees, rules, and regulations adopted by the Federal
Communications Commission pursuant to the Order.
f12) GIS mapping. - Computerized geographical information that can
used to assist locating a perso who calls em e ge cy assistance,
including street centerlines, ortho photography, and oblique imaging.
13 Interconnected VoIP service. —Defined in 47 C.F.R. § 9.3.
Local exchange carrier. — An entity that is authorized to provide
telephone exchange service or exchange access in North Carolina.
f15) Prepaid wireless telephone service. — A right that meets all of the
following requirements:
a. Authorizes the purchase of CMRS, either exclusively or in
conjunction with other services.
b. Must be paid for in advance.
c. Is sold in units or dollars whose number or dollar value declines
with use and is known on a continuous basis.
f16) Primary PSAP. — The first point of reception of a 911 call by a public
safety answering point.
f17) Proprietary information. — Subscriber lists, technology descriptions,
technical information, or trade secrets that are developed, produced, or
received internally by a voice communications service provider or by a
voice communications service provider's employees, directors,
officers, or agents.
f18) Public safety answering point (PSAP). — The public safety agency that
receives an incoming 911 call and dispatches appropriate public safety
agencies to respond to the call.
f19) Service supplier. — An entity that provides exchange telephone service
to a telephone subscriber.
f20) Subscriber. —A person who purchases a voice communications service
and is able to receive it or use it periodically over time.
Page 2 Session Law 2007-383 SL2007-0383
9
f21) Voice communications service connection. — Each telephone number
assigned to a residential or commercial subscriber by a voice
communications service provider, without regard to technology
deployed.
f22) Voice communications service. —Any of the following:
a. The transmission, conveyance, or routing of real-time, two-way
voice communications to a point or between or among points by
or through any electronic, radio, satellite, cable, optical,
microwave, wireline, wireless, or other medium or method,
regardless of the protocol used.
b. The ability to receive and terminate voice calls to and from the
public switched telephone network.
c. Interconnected VoIP service.
f23) Voice communications service provider. — An entity that provides
voice communications service to a subscriber.
f24) VoIP provider. —An entity that provides interconnected VoIP service.
"§ 62A-41. 911 Board.
Membership. — The 911 Board is established in the Office of Information
Technology Services. The 911 Board consists of 17 members as follows:
(1) Four members appointed by the Governor as follows:
a. An individual who represents municipalities appointed upon the
recommendation of the North Carolina League of
Munichalities.
b. An individual who represents counties appointed upon the
recommendation of the North Carolina Association of County
Commissioners.
c. An individual who represents a VoIP provider.
d. An individual who represents the North Carolina chapter of the
National Emergency Number Association (NENA).
(2) Six members appointed by the General Assembly upon the
recommendation of the Speaker of the House of Representatives as
follows:
a. An individual who is a sheriff.
b. Two individuals who represent CMRS providers operating in
North Carolina.
c. An individual who represents the North Carolina chapter of the
Association of Public Safety Communications Officials
IAPCO).
d. Two individuals who represent local exchange carriers
operating in North Carolina, one of whom represents a local
exchange carrier with less than 50,000 access lines.
(3) Six members appointed by the General Assembly upon the
recommendation of the President Pro Tempore of the Senate as
follows:
a. An individual who is a chief of police.
b. Two individuals who represent CMRS providers operating in
North Carolina.
c. An individual who represents the North Carolina chapter of the
National Emergency Number Association (NENA).
d. Two individuals who represent local exchange carriers
operating in North Carolina, one of whom represents a local
exchange carrier with less than 200,000 access lines.
(4) The State Chief Information Officer or the State Chief Information
Officer's designee, who serves as the chair.
SL2007-0383 Session Law 2007-383 Page 3
10
(b) Term. — A member's term is four years. Members remain in office until their
successors are appointed and qualified. Vacancies are filled in the same manner as the
original appointment. The Governor may remove any member for misfeasance,
malfeasance, or nonfeasance in accordance with G.S. 143B-13(d).
(c) Meetings. — Members of the 911 Board serve without compensation.
Members receive per diem, subsistence, and travel allowances at the rate established in
G.S. 138-5. A quorum of the 911 Board is nine members. The 911 Board meets upon
the call of the chair.
(d) Public Servants. — The members of the 911 Board are public servants under
G.S. 138A-3 and are subject to the provisions of Chapter 138A of the General Statutes.
"& 62A-42. Powers and duties of the 911 Board.
(a) Duties. —The 911 Board has the following powers and duties:
(1) To develop the 911 State Plan. In developing and updating the plan,
the 911 Board must monitor trends in voice communications service
technology and in enhanced 911 service technology, investigate and
incorporate GIS mapping and other resources into the plan, and
formulate strategies for the efficient and effective delivery of enhanced
911 service.
(2) To administer the 911 Fund and the monthly 911 service charge
authorized by G.S. 62A-43.
(3) To distribute revenue in the 911 Fund to CMRS providers and PSAPs
in accordance with this Article and advise CMRS providers and
PSAPs of the requirements for receiving a distribution from the 911
Fund.
(4) To establish policies and procedures to fund advisory services and
training for PSAPs and to provide funds in accordance with these
policies and procedures.
(5) To investigate the revenues and expenditures associated with the
operation of a PSAP to ensure compliance with restrictions on the use
of amounts distributed from the 911 Fund.
(6) To make and enter into contracts and agreements necessary or
incidental to the performance of its powers and duties under this
Article and to use revenue available to the 911 Board under
G.S. 62A-44 for administrative expenses to pay its obligations under
the contracts and agreements.
(7) To accept gifts, grants, or other money for the 911 Fund.
(8) To undertake its duties in a manner that is competitively and
technologically neutral as to all voice communications service
providers.
(9) To adopt rules to implement this Article. This authority does not
include the regulation of any enhanced 911 service, such as the
establishment of technical standards.
f10) To take other necessary and proper action to implement the provisions
of this Article.
(b) Prohibition. —In no event shall the 911 Board or any other State agency lease,
construct, operate, or own a communications network for the purpose of providing 911
service.
"& 62A-43. Service charge for 911 service.
Charge Imposed. — A monthly 911 service charge is imposed on each active
voice communications service connection that is capable of accessing the 911 system.
The service charge is seventy cents (70¢) or a lower amount set by the 911 Board under
subsection (d) of this section. The service charge is -payable by the subscriber to the
voice communications service provider. The provic.er may list the service charge
separately from other charges on the bill. Partial payments made by a subscriber are
Page 4 Session Law 2007-383 SL2007-0383
11
applied first to the amount the subscriber owes the provider for the voice
communications service.
(b) Prepaid Wireless. — A voice communications service provider of prepaid
wireless telephone service must collect and remit to the 911 Board the monthly service
charge imposed upon prepaid wireless telephone subscribers in the State under one of
the following methods:
(1) Collecting the service charge from each active prepaid wireless
telephone service subscriber whose account balance is equal to or
greater than the amount of the service charge.
(2) Dividing the provider's total earned prepaid wireless telephone service
revenue received for the month from each active prepaid wireless
telephone service subscriber by fifty dollars ($50.00) and multiplying
the quotient by the amount of the service charge.
(c) Remittance to 911 Board. — A voice communications service provider must
remit the service charges collected by it under this section to the 911 Board. The
provider must remit the collected service charges by the end of the calendar month
following the month the provider received the charges from its subscribers. A provider
may deduct and retain from the service charges it receives from its subscribers and
remits to the 911 Board an administrative allowance equal to the greater of one percent
f1% of the amount of service charges remitted or fifty dollars ($50.00) a month.
(d) Adjustment of Charge. —The 911 Board must monitor the revenues generated
by the service charge. If the 911 Board determines that the rate produces revenue in
excess of the amount needed, the 911 Board must reduce the rate. The reduced rate must
ensure full cost recovery for voice communications service providers and for primary
PSAPs over a reasonable period of time. A change in the amount of the rate becomes
effective only on July 1 of an even-numberec. year. The 911 Board must notify
providers of a change in the rate at least 90 days before the change becomes effective.
Collection. — A voice communications service provider has no obligation to
take any legal action to enforce the collection of the service charge billed to a
subscriber. The 911 Board may initiate a collection action, and reasonable costs and
attorneys' fees associated with that collection action may be assessed against the
subscriber. At the request of the 911 Board, but no more than annually, a voice
communications service provider must report to the 911 Board the amount of the
provider's uncollected service charges. The 911 Board may request, to the extent
permitted by federal privacy laws, the name, address, and telephone number of a
subscriber who refuses to pay the 911 service charge.
ff Restriction. — A local government may not impose a service charge or other
fee on a subscriber to support the 911 system.
"§ 62A-44. 911 Fund.
Fund. — The 911 Fund is created as an interest-bearing special revenue fund
within the State treasury. The 911 Board administers the Fund. The 911 Board must
credit to the 911 Fund all revenues remitted to it from the service charge imposed by
G.S. 62A-43 on voice communications service connections in the State. Revenue in the
Fund may only be used as provided in this Article.
(b) Allocation of Revenues. — The 911 Board may deduct and retain for its
administrative expenses up to one percent (1%) of the total service charges remitted to it
under G.S. 62A-43 for deposit in the 911 Fund. The remaining revenues remitted to the
911 Board for deposit in tie 911 Fund are allocated as follows:
(1) Fifty-three percent (53%) of the funds remitted by CMRS providers to
the 911 Fund are allocated for reimbursements to CMRS providers
pursuant to G.S. 62A-45.
(2) Forty-seven 3ercent (47%) of the funds remitted by CMRS providers
and all funcs remitted by all other voice communications service
providers are allocated for monthly distributions to primary PSAPs
SL2007-0383 Session Law 2007-383 Page 5
12
pursuant to G.S. 62A-46 and grants to PSAPs pursuant to
G.S. 62A-47.
(c) Report. —In February of each odd-numbered year, the 911 Board must report
to the Joint Legislative Commission on Governmental Operations, the Revenue Laws
Study Committee, and the Joint Legislative Utility Review Committee. The report must
contain complete information regarding receipts and expenditures of all funds received
by the 911 Board during the period covered by the report, the status of the 911 system in
North Carolina at the time of the report, and the results of any investigations by the
Board of PSAPs that have been completed during the period covered by the report.
(d) Nature of Revenue. — The General Assembly finds that distributions of
revenue from the 911 Fund are not State expenditures for the purpose of Section 5(3) of
Article III of the North Carolina Constitution. Therefore, the Governor may not reduce
or withhold revenue in the 911 Fund.
"§ 62A-45. Fund distribution to CMRS providers.
(a) Distribution. — CMRS providers are eligible for reimbursement from the 911
Fund for the actual costs incurred by the CMRS providers in complying with the
requirements of enhanced 911 service. Costs of complying include costs incurred for
designing, upgrading, purchasing, leasing, programming, installing, testing, or
maintaining all necessary data, hardware, and software required to provide service as
well as the recurring and nonrecurring costs of providing the service. To obtain
reimbursement, a CMRS provider must comply with all of the following:
L1 i Invoices must be sworn.
All costs and expenses must be commercially reasonable.
All invoices for reimbursement must be related to compliance with the
requirements of enhanced 911 service.
(4) Prior approval must be obtained from the 911 Board for all invoices
for payment of costs that exceed the lesser of:
a. One hundred percent (100%) of the eligible costs allowed under
this section.
b. One hundred twenty-five percent (125%) of the service charges
remitted to the 911 Board by the CMRS provider.
(b) Payment Carryforward. —If the total amount of invoices submitted to the 911
Board and approved for payment in a month exceeds the amount available from the 911
Fund for reimbursements to CMRS providers, the amount payable to each CMRS
provider is reduced proportionately so that the amount paid does not exceed the amount
available for payment. The balance of the payment is deferred to the following month.
A deferred payment accrues interest at a rate equal to the rate earned by the 911 Fund
until it is paid.
Grant Reallocation. — If the amount of reimbursements to CMRS providers
approved by the 911 Board for a fiscal year is less than the amount of funds allocated
for reimbursements to CMRS providers for that fiscal year, the 911 Board may
reallocate part or all of the excess amount to the PSAP Grant Account established under
G.S. 62A-47. The 911 Board may reallocate funds under this subsection only once each
calendar year and may do so only within the three-month period that follows the end of
the fiscal year. If the 911 Board reallocates more than three million dollars ($3,000,000)
to the PSAP Grant Account in a calendar year, it must consider reducing the amount of
the service charge in G.S. 62A-44 to reflect more accurately the underlying costs of
providing 911 system services.
The 911 Board must make the following findings before it reallocates funds to the
PSAP Grant Account:
(1) There is a critical need for additional funding for PSAPs in rural or
high-cost areas to ensure that enhanced 911 service is deployed
throughout the State.
(2) The reallocation will not impair cost recovery by CMRS providers.
The reallocation will not result in the insolvency of the 911 Fund.
Page 6 Session Law 2007-383 SL2007-0383
13
' 62A-46. Fund distribution to PSAPs.
(a) Monthly Distribution. — The 911 Board must make monthly distributions to
primary PSAPs from the amount allocated to the 911 Fund for PSAPs. The amount to
be distributed to each primary PSAP is the sum of the following:
(1) The PSAP's base amount. — The PSAP's base amount is the amount
the PSAP received in the fiscal year ending June 30, 2007, and
deposited in the Emergency Telephone System Fund of its local
governing entity, as reported to the State Treasurer's Office, Local
Government Division.
(2) The PSAP's per capita amount. — The PSAP's per capita amount is the
PSAP's per capita share of the amount designated by the Board under
subsection (b) of this section for the per capita distribution. The 911
Board must use the most recent population estimates certified by the
State Budget Officer in making the per capita distribution under this
subdivision. A PSAP is not eligible for a distribution under this
subdivision unless it provides enhanced 911 service.
(b) Percentage Designations. — The 911 Board must determine how revenue that
is allocated to the 911 Fund for distribution to primary PSAPs and is not needed to
make the base amount distribution required by subdivision (a)(1) of this section is to be
used. The 911 Board must designate a percentage of the remaining funds to be
distributed to primary PSAPs on a per capita basis and a percentage to be allocated to
the PSAP Grant Account established in G.S. 62A-47. If the 911 Board does not
designate an amount to be allocated to the PSAP Grant Account, the 911 Board must
distribute all of the remaining funds on a per capita basis. The 911 Board may not
change the percentage designation more than once each calendar year.
Use of Funds. — A PSAP that receives a distribution from the 911 Fund may
not use the amount received to pay for the lease or purchase of real estate, cosmetic
remodeling of emergency dispatch centers, hiring or compensating telecommunicators,
or the purchase of mobile communications vehicles, ambulances, fire engines, or other
emergency vehicles. Distributions received by a PSAP may be used only to pay for the
following:
(1) The lease, purchase, or maintenance of emergency telephone
equipment, including necessary computer hardware, software, and
database provisioning, addressing, and nonrecurring costs of
establishing a 911 system.
(2) Expenditures for in-State training of 911 personnel regarding the
maintenance and operation of the 911 system. Allowable training
expenses include the cost of transportation, lodging, instructors,
certifications im.rovement sro.rams .ualit assurance trainin. and
training associated with call taking, ans emergency medical, ire, or
law enforcement procedures. Training outside the State is not an
eligible expenditure unless the training is unavailable in the State or
the PSAP documents that the training costs are less if received
out-of-state. Training specific to the receipt of 911 calls is allowed
only for intake and related call taking quality assurance and
improvement. Instructor certification costs and course required
prerequisites, including physicals, psychological exams, and drug
testing, are not allowable expenditures.
(3) Charges associated with the service supplier's 911 service and other
service supplier recurring charges. The PSAP providing 911 service is
responsible to the voice communications service provider for all 911
installation, service, equipment, operation, and maintenance charges
owed to the voice communications service provider. A PSAP may
contract with a voice communications service provider on terms
agreed to by the PSAP and the provider.
SL2007-0383 Session Law 2007-383 Page 7
14
(d) Local Fund. — The fiscal officer of a PSAP to whom a distribution is made
under this section must deposit the funds in a special revenue fund, as defined in
G.S. 159-26(b)(2), designated as the Emergency Telephone System Fund. The fiscal
officer may invest money in the Fund in the same manner that other money of the local
government may be invested. Income earned from the invested money in the
Emergency Telephone System Fund must be credited to the Fund. Revenue deposited
into the Fund must be used only as permitted in this section.
(e) Compliance. —A PSAP, or the governing entity of a PSAP, must comply with
all of the following in order to receive a distribution under this section:
(1) A county or municipality that has one or more PSAPs must submit in
writing to the 911 Board information that identifies the PSAPs in the
manner required by the FCC Order.
(2) A participating PSAP must annually submit to the 911 Board a copy of
its governing agency's proposed or approved budget detailing the
revenues anc. expenditures associated with the operation of the PSAP.
The PSAP budget must identify revenues and expenditures for eligible
expense reimbursements as provided in this Article and rules adopted
by the 911 Board.
(3) A PSAP must be included in its governing entity's annual audit
required under the Local Government Budget and Fiscal Control Act.
The Local Government Commission must provide a copy of each audit
of a local government entity with a participating PSAP to the 911
Board.
(4) A PSAP must comply with all requests by the 911 Board for financial
information related to the operation of the PSAP.
"§ 62A-47. PSAP Grant Account.
Account Established. — A PSAP Grant Account is established within the 911
Fund for the purpose of making grants to PSAPs in rural and other high-cost areas. The
Account consists of revenue allocated by the 911 Board under G.S. 62A-45(c) and
G.S. 62A-46.
Application. — A PSAP may apply to the 911 Board for a grant from the
PSAP Grant Account. An application must be submitted in the manner prescribed by the
911 Board. The 911 Board may approve a grant application and enter into a grant
agreement with a PSAP if it determines all of the following:
(1) The costs estimated in the application are reasonable and have been or
will be incurred for the purpose of promoting a cost-effective and
efficient 911 system.
(2) The expenses to be incurred by the applicant are consistent with the
911 State Plan.
(3) There are sufficient funds available in the fiscal year in which the
grant funds will be distributed.
(4) The costs are authorized PSAP costs under G.S. 62A-46(c).
Agreement. — A grant agreement between the 911 Board and a PSAP must
include the purpose of the grant, the time frame for implementing the project or
program funded by the grant, the amount of the grant, and a 3rovision for repaying grant
funds if the PSAP fails to comply with any of the terms of tie grant. The amount of the
grant may vary among grantees. If the grant is intended to promote the deployment of
enhanced 911 service in a rural area of the State, the grant agreement must specify how
the funds will assist with this goal. The 911 Board must publish one or more notices
each fiscal year advertising the availability of grants from the PSAP Grant Account and
detailing the application process, including the deadline for submitting applications, any
required documents specifying costs, either incurred or anticipated, and evidence
demonstrating the need for the grant. Any grant funds awarded to PSAPs under this
section are in addition to any funds reimbursed under G.S. 62A-46.
"& 62A-48. Recovery of unauthorized use of funds.
Page 8 Session Law 2007-383 SL2007-0383
15
The 911 Board must give written notice of violation to any voice communications
service provider or PSAP found by the 911 Board to be using monies from the 911 Fund
for purposes not authorized by this Article. Upon receipt of notice, the voice
communications service provider or PSAP must cease making any unauthorized
expenditures. The voice communications service provider or PSAP may petition the 911
Board for a hearing on the question of whether the expenditures were unauthorized, and
the 911 Board must grant the request within a reasonable period of time. If, after the
hearing, the 911 Board concludes the expenditures were in fact unauthorized, the 911
Board may require the voice communications service provider or PSAP to refund the
monies improperly spent within 90 days. Money received under this section must be
credited to the 911 Fund. If a voice communications service provider or PSAP does not
cease making unauthorized expenditures or refuses to refund improperly spent money,
the 911 Board must suspend funding to the provider or PSAP until corrective action is
taken.
"§ 62A-49. Conditions for providin enhanced 911 service.
In accordance with the FCC Order, no CMRS provider is required to provide
enhanced 911 service until all of the following conditions are met:
(1) The provider receives a request for the service from the administrator
of a PSAP that is capable of receiving and utilizing the data elements
associated with the service.
(2) Funds for reimbursement of the CMRS provider's costs are available
pursuant to G.S. 62A-45.
(3) The local exchange carrier is able to support the requirements of
enhanced 911 service.
"§ 62A-50. Audit.
The State Auditor may perform audits of the 911 Board pursuant to Article 5A of
Chapter 147 of the General Statutes to ensure that funds in the 911 Fund are being
managed in accordance with the provisions of this Article. The State Auditor must
perform an audit of the 911 Board at least every two years. The 911 Board must
reimburse the State Auditor for the cost of an audit of the 911 Board.
"§ 62A-51. Subscriber records.
Each CMRS provider must provide its 10,000 number groups to a PSAP upon
request. This information remains the property of the disclosing CMRS provider and
must be used only in providing emergency response services to 911 calls. CMRS voice
communications service provider connection information obtained by PSAP personnel
for public safety purposes is not public information under Chapter 132 of the General
Statutes. No person may disclose or use, for any purpose other than the 911 system,
information contained in the database of the telephone network portion of a 911 system.
"§ 62A-52. Proprietary information.
All proprietary information submitted to the 911 Board or the State Auditor is
confidential. Proprietary information submitted pursuant to this Article is not subject to
disclosure under Chapter 132 of the General Statutes, and it may not be released to any
person other than to the submitting CMRS voice communications service provider, the
911 Board, and the State Auditor without the express permission of the submitting
CMRS voice communications service provider. Proprietary information is considered a
trade secret under the Trade Secrets Protection Act, Article 24 of Chapter 66 of the
General Statutes. General information collected by the 911 Board or the State Auditor
may be released or published only in aggregate amounts that do not identify or allow
identification of numbers of subscribers or revenues attributable to an individual CMRS
voice communications service provider.
"& 62A-53. Limitation of liability.
Except in cases of wanton or willful misconduct, a voice communications service
provider and its employees, directors, officers, and agents are not liable for any damages
in a civil action resulting from death or injury to any person or from damage to property
incurred by any person in connection with developing, adopting, implementing,
SL2007-0383 Session Law 2007-383 Page 9
16
maintaining, or operating the 911 system or in complying with emergency-related
information requests from State or local government officials. This section does not
apply to actions arising out of the operation or ownership of a motor vehicle.
SECTION 1.(b) Article 19 of Chapter 14 of the General Statutes is amended
by adding a new section to read:
"§ 14-111.4. Misuse of 911 system.
It is unlawful for an individual who is not seeking public safety assistance, is not
providing 911 service, or is not responding to a 911 call to access or attempt to access
the 911 system for a purpose other than an emergency communication. A person who
knowingly violates this section commits a Class 3 misdemeanor. If a person knowingly
accesses or attempts to access the 911 system for the purpose of avoiding a charge for
voice communications service, as defined in G.S. 62A-40, and the value of the charge
exceeds one hundred dollars ($100.00), the person commits a Class 1 misdemeanor."
SECTION 2.(a) Article 1 of Chapter 62A of the General Statutes is
repealed.
SECTION 2.(b) Any funds remaining in the Emergency Telephone System
Fund or rec uired to be remitted by a service supplier to the local fiscal officer for
deposit to tae fund, collected pursuant to Article 1 of Chapter 62A of the General
Statutes prior to the effective date of this act, are transferred to the General Fund of the
local governing entity to be used for any lawful purpose. Any local governing entity is
not relieved of any prior obligation incurred for uses authorized by G.S. 62A-8.
SECTION 3.(a) Article 2 of Chapter 62A of the General Statutes is
repealed.
SECTION 3.(b) The records, personnel, property, and unexpended balances
of appropriations, allocations, and other funds, including the functions of budgeting and
purchasing, of the Wireless 911 Board created under Article 2 of Chapter 62A of the
General Statutes and repealed by subsection (a) of this section, are transferred to the 911
Board created under Article 3 of Chapter 62A of the General Statutes, as enacted by
Section 1 of this act. All rules, decisions, and actions adopted, made, or taken by the
Wireless 911 Board created under Article 2 of Chapter 62A of the General Statutes that
have not been repealed or rescinded continue in effect until repealed or rescinded by the
911 Board created under Article 3 of Chapter 62A of the General Statutes, as enacted by
Section 1 of this act.
SECTION 3.(c) The members of the Wireless 911 Board created under
Article 2 of Chapter 62A of the General Statutes, other than a member appointed by the
General Assembly upon the recommendation of the Speaker of the House of
Representatives to represent CMRS providers, serve as 11 of the initial members of the
911 Board created under Article 3 of Chapter 62A of the General Statutes, as enacted by
Section 1 of this act, without reappointment by the Governor or the General Assembly.
The State Chief Information Officer must designate which of the initial members who
transfer to the 911 Board from the Wireless 911 Board serve four-year terms and which
serve six-year terms so that the terms of half the members of the 911 Board, other than
the State Chief Information Officer, will expire every two years.
The following membership positions for the 911 Board have no counterparts
on the Wireless 911 Board and must be appointed in accordance with Article 3 of
Chapter 62A of the General Statutes:
(1) Of the appointments by the Governor, an individual representing a
VoIP provider and an individual representing the North Carolina
chapter of the National Emergency Number Association (NENA).
(2) Of the appointments by the General Assembly upon the
recommendation of the Speaker of the House of Representatives, two
individuals who represent local exchange carriers operating in North
Carolina, one of whom represents a local exchange carrier with less
than 50,000 access lines.
Page 10 Session Law 2007-383 SL2007-0383
17
(3) Of the appointments by the General Assembly upon the
recommendation of the President Pro Tempore of the Senate, an
individual who represents a local exchange carrier with less than
200,000 access lines.
SECTION 4. G.S. 62-157 reads as rewritten:
"§ 62-157. Telecommunications relay service.
(a) Finding. — The General Assembly finds and declares that it is in the public
interest to provide access to public telecommunications services for hearing impaired or
speech impaired persons, including those who also have vision impairment, and that a
statewide telecommunications relay service for telephone service should be established.
(al) Definitions. —For purposes of this section:
1 "CMRS" is as defined in G.S. 62A 21.62A-40.
2 "CMRS connection" is as defined in G.S. 62A 21.62A-40.
3 "CMRS provider" is as defined in G.S. 62A 21.62A-40.
4 "Exchange access facility" means the access from a particular
telephone subscriber's premises to the telephone system of a local
exchange telephone company, and includes local exchange
company-provided access lines, private branch exchange trunks, and
centrex network access registers, all as defined by tariffs of telephone
companies as approved by the Commission.
(5) "Local service provider" means a local exchange company, competing
local provider, or telephone membership corporation.
(b) Authority to Require Surcharge. —The Commission shall require local service
providers to impose a monthly surcharge on all residential and business local exchange
access facilities to fund a statewide telecommunications relay service by which hearing
impaired or speech impaired persons, including those who also have vision impairment,
may communicate with others by telephone. This surcharge, however, may not be
imposed on participants in the Subscriber Line Charge Waiver Program or the Link-up
Carolina Program established by the Commission. This surcharge, and long distance
revenues collected under subsection (f) of this section, are not includable in gross
receipts subject to the franchise tax levied under G.S. 105-120 or the sales tax levied
under G.S. 105-164.4.
(c) Specification of Surcharge. — The Department of Health and Human Services
shall initiate a telecommunications relay service by filing a petition with the
Commission requesting the service and detailing initial projected recuired funding. The
Commission shall, after giving notice and an opportunity to be heart: to other interested
parties, set the initial monthly surcharge based upon the amount of funding necessary to
implement and operate the service, including a reasonable margin for a reserve. The
surcharge shall be identified on customer bills as a special surcharge for provision of a
telecommunications relay service for hearing impaired and speech impaired persons.
The Commission may, upon petition of any interested party, and after giving notice and
an opportunity to be heard to other interested parties, revise the surcharge from time to
time if the funding requirements change. In no event shall the surcharge exceed
twenty-five cents (250)per month for each exchange access facility.
(d) Funds to Be Deposited in Special Account. —The local service providers shall
collect the surcharge from their customers and deposit the moneys collected with the
State Treasurer, who shall maintain the funds in an interest-bearing, nonreverting
account. After consulting with the State Treasurer, the Commission shall direct how and
when the local service providers shall deposit these moneys. Revenues from this fund
shall be available only to the Department of Health and Human Services to administer
the statewide telecommunications relay service program, including its establishment,
operation, and promotion. The Commission may allow the Department of Health and
Human Services to use up to four cents (40) per access line per month of the surcharge
for the purpose of providing telecommunications devices for hearing impaired or speech
impaired persons, including those who also have vision impairment, through a
SL2007-0383 Session Law 2007-383 Page 11
18
distribution program. The Commission shall prepare such guidelines for the distribution
program as it deems awropriate and in the public interest. Both the Commission and the
Public Staff may auelt all aspects of the telecommunications relay service program,
including the distribution programs, as they do with any public utility subject to the
provisions of this Chapter. Equipment paid for with surcharge revenues, as allowed by
the Commission, may be distributed only by the Department of Health and Human
S ervices.
(e) Administration of Service. — The Department of Health and Human Services
shall administer the statewide telecommunications relay service program, including its
establishment, operation, and promotion. The Department may contract out the
provision of this service for four-year periods to one or more service providers, using
the provisions of G.S. 143-129.
((1) Charge to Users. — The users of the telecommunications relay service shall be
charged their approved long distance and local rates for telephone services (including
the surcharge required by this section), but no additional charges may be imposed for
the use of the relay service. The local service providers shall collect revenues from the
users of the relay service for long distance services provided through the relay service.
These revenues shall be deposited in the special fund established in subsection (d) of
this section in a manner determined by the Commission after consulting with the State
Treasurer. Local service providers shall be compensated for collection, inquiry, and
other administrative services provided by said companies, subject to the approval of the
Commission.
(g) Reporting Requirement. — The Commission shall, after consulting with the
Department of Health and Human Services, develo-3 a format and filing schedule for a
comprehensive financial and operational report on tse telecommunications relay service
program. The Department of Health and Human Services shall thereafter prepare and
file these reports as required by the Commission with the Commission and the Public
Staff. The Department shall also be required to report to the Revenue Laws Study
Committee.
(h) Power to Regulate. — The Commission shall have the same power to regulate
the operation of the telecommunications relay service program as it has to regulate any
public utility subject to the provisions of this Chapter.
(i) Wireless Surcharge. — A CMRS provider, as part of its monthly billing
process, must collect the same surcharge imposed on each exchange access facility
under this section for each CMRS connection. A CMRS provider may deduct a one
percent (1%) administrative fee from the total amount of surcharge collected. A CMRS
provider shall remit the surcharge collected, less the administrative fee, to the Wireless
911 Board in the same manner and with the same frequency as the local service
providers remit the surcharge to the State Treasurer. The Wireless 911 Board shall remit
the funds collected from the surcharge to the special account created under subsection
(d) of this section."
SECTION 5. G.S. 105-130.5(b)(17) reads as rewritten:
"(17) To the extent included in federal taxable income, 911 charges imposed
under G.S. 62A-43 and remitted to the 911 Fund under that section.the
following:
The amount of 911 charges collected under G.S. 62A 5 and
remitted to a local government under G.S. 62A 6.
The amount of wireless Enhanced 911 service charges collected
under G.S. 62A 23 and remitted to the Wireless Fund under
G.S. 62A 24."
SECTION 6. G.S. 105-164.13(54)c. reads as rewritten:
"c. 911 charges imposed under G.S. 62A 4 or G.S. 62A 23
G.S. 62A-43 and remitted to the Emergency Telephone System
911 Fund under G.S. 62A 7 or the Wireless Fund under
G.S. 62A 24.that section."
Page 12 Session Law 2007-383 SL2007-0383
19
SECTION 7.(a) The Joint Legislative Utility Review Committee is directed
to determine the best method for collecting the service charge imposed by G.S. 62A-43
from prepaid telephone wireless subscribers. The Committee is further directed to
submit a final report of its findings and recommendations to the 2007 General
Assembly, Regular Session 2008.
SECTION 7.(b) Notwithstanding G.S. 62A-23, the charge imposed by that
section does not apply to prepaid wireless telephone service effective August 1, 2007.
SECTION 7.(c) Notwithstanding G.S. 62A-43, the charge imposed by that
section does not apply to prepaid wireless telephone service for the 2008 calendar year.
SECTION 8. Sections 1 through 6 of this act become effective January 1,
2008. Section 1(b) of this act applies to offenses committed on or after January 1, 2008.
The remaining sections of this act are effective when they become law.
In the General Assembly read three times and ratified this the 27th day of
July, 2007.
s/ Beverly E. Perdue
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 7:02 p.m. this 19th day of August, 2007
SL2007-0383 Session Law 2007-383 Page 13