§ 29-11-102. Imposition of Emergency Telephone Charge – Requirements for Governing Bodies – Rules

1. 1. In addition to any other powers for the protection of the public health, safety, and welfare, a governing body may incur any equipment, installation, and other directly related costs for the continued operation of an emergency telephone service as described in section 29-11-104, and may pay such costs by imposing an emergency telephone charge on service users with an address in the governing body’s jurisdiction in accordance with this section. A governing body may do such other acts as may be expedient for the protection and preservation of the public health, safety, and welfare, and as may be necessary for the acquisition of equipment, for the provision of initial services, and for the operation of the emergency telephone service.
   2. Two or more political subdivisions may enter into a contract under part 2 of article 1 of this title 29 to establish a separate legal entity that serves as a separate governing body to provide emergency telephone service, or to establish, collect, and disperse the emergency telephone charge.
2. 1. A governing body is hereby authorized, by ordinance or resolution as appropriate, to impose the charge authorized in subsection (1) of this section per month per 911 access connection in an amount established in accordance with this subsection (2) upon each service user whose address is in the governing body’s jurisdiction and to whom emergency telephone service is provided; except that:
      1. The charge shall not be imposed on a service user that is a state or local governmental entity; and
      2. The amount of the charge must be uniform throughout the governing body’s jurisdiction, regardless of the technology used to provide the 911 access connection.
   2. At least once each calendar year, a governing body that imposes an emergency telephone charge shall establish the amount of the charge per month per 911 access connection. Except as provided in subsection (2)(c) of this section, the amount of the charge must not exceed the threshold amount established by the commission in accordance with subsection (2)(f) of this section. Immediately upon determining the amount of the charge, the governing body shall publish in the meeting minutes the new amount and an effective date of either the following February 1 or the following June 1. If the amount of the charge was changed from the prior amount, the governing body shall notify every service supplier at least sixty days before such new amount becomes effective.
   3. If a governing body determines that an emergency telephone charge in excess of the threshold amount established by the commission pursuant to subsection (2)(f) of this section is necessary in order to provide continued and adequate emergency telephone service, the governing body shall obtain the commission’s approval of such higher charge before its imposition. If the commission approves the amount, the governing body shall notify every service supplier at least sixty days before the approved amount becomes effective. The prior amount remains in effect during the pendency of the commission’s determination and, if the commission rejects the amount, until the governing body establishes a new charge amount.
   4. The proceeds of the charge shall be used to pay for emergency telephone service as set forth in section 29-11-104 (2). Amounts collected in excess of such necessary expenditures within a given year shall be carried forward to subsequent years and shall be used in accordance with section 29-11-104 (2).
   5. This subsection (2) does not apply to prepaid wireless telecommunications services.
   6. 1. Repealed.
      2. Effective January 1, 2021, the threshold amount is in an amount to be established annually by the commission in accordance with this subsection (2)(f). On or before October 1, 2020, and on or before October 1 of each year thereafter, the commission shall establish the authorized threshold amount per month per 911 access connection of the emergency telephone charge. The amount authorized takes effect on the following January 1. In setting the amount of the charge, the commission shall take into account inflation and the needs of the governing bodies.
3. Each governing body shall keep on file with the commission an accurate and current description or GIS data set representing the boundaries of its governing body jurisdiction, or other GIS layers as requested.
4. Governing bodies shall comply with annual reporting requirements established by the commission by rule in order to assist the commission in meeting federal reporting requirements and data requests and to gather information for inclusion in the annual report to the legislature described in section 40-2-131.
5. The emergency telephone charge is the liability of the service user and not of the service supplier; except that the service supplier is liable to remit all emergency service charges that the service supplier collects from service users.
6. The commission may consider the data collected pursuant to subsection (4) of this section as part of its evaluation of applications made by a governing body pursuant to subsection (2)(c) of this section to increase the emergency telephone charge imposed by the governing body beyond the threshold amount authorized by the commission, including considerations related to efficiency of operations.

Source: L. 81: Entire article added, p. 1416, § 1, effective May 26. L. 85: (1) amended and (2.5) added, p. 1052, § 2, effective April 17. L. 90: (2) and (3) amended, p. 1451, § 8, effective July 1. L. 97: (1)(b), (2), (3), and (7) amended, p. 573, § 3, effective April 30. L. 2004: (1)(a) amended, p. 1879, § 2, effective July 1. L. 2008: (2)(a), (2)(c), (5), and (6) amended, p. 684, § 2, effective August 5. L. 2010: (2)(e) added, (SB 10-120), ch. 371, p. 1739, § 2, effective January 1, 2011. L. 2020: Entire section R&RE, (HB 20-1293), ch. 267, p. 1284, § 4, effective July 10.

Editor’s note: Subsection (2)(f)(I)(B) provided for the repeal of subsection (2)(f)(I), effective July 1, 2021. (See L. 2020, p. 1284 .)