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N O R T H C A R D L I N A ASSOCIATION OF COUNTY COMMISSIONERS LEGISLATIVE BRIEF: E-911 FUNDS 2009-10 legislative coals • E-911 Funds -Support legislation to preserve county revenue from E-911 charges and allow counties greater flexibility in the use of the funds; and restructure the 911 Board created by G.S. 62A-41 to add additional local government representation. Background North Carolina's counties have asked the Legislature, over a number of years, for greater flexibility in allowed uses of E-911 fees. Expanding the use of these funds has been the top Justice and Public Safety goal of the North Carolina Association of County Commissioners since 1995. These funds can only be used for equipment to answer the call, not to process the call or to ensure emergency aid is received. Citizens pay the 70 cent monthly E-911 fee, but restrictions on fee use limit the benefit they should derive from their investment. While the current statewide fee of 70 cents per calling device could support more comprehensive technology to improve emergency response, the increasingly limited use of fee revenues is leading to an aging and outdated emergency communications system. Prior to 2007, cities and counties were allowed to set their own 911 service charges for landline phones, while there was a statewide charge of 80 cents per month for wireless phones. The charges for the land lines varied greatly across the state, from 25 cents per month (Wake County) to $3 (Washington County). In 2007, the General Assembly voted to do away with local 911 service charges and to combine the wireless and land line charges, and instituted a statewide fee of 70 cents per month. The General Assembly eliminated the Wireless 911 Board and expanded the 911 Board. The 911 Board is charged to oversee the distribution of the fees back to the Public Safety Answering Points (PSAPs) in accordance with existing law. The 911 Board also has the authority to lower the fee, but not to raise it. Outlook for 2010 Two committees are reviewing this issue and are expected to make recommendations for the 2010 short session. The House Select Committee on the Use of 911 Funds met for the first time Jan. 26. The committee is chaired by Rep. Lucy Allen (Franklin), who introduced a bill in 2009 that would have expanded the allowable uses of E-911 funds. Legislative staff and 911 Board staff spent the majority of the Jan. 26 meeting reviewing the history of 911 in North Carolina. The 911 Board also created a subgroup to study and make recommendations to the 911 Board, which in turn is reporting its findings to the General Assembly. Pasquotank County Manager Randy Keaton, Franklin County 911 Director Christy Shearin, Catawba County Assistant Manager Lee Worsley and NCACC First Vice President Brian McMahan (Jackson County) served on that committee. This subgroup submitted a series of recommendations to the 911 Board. One recommendation called for increased flexibility in the use of the E-911 funds, but only if a PSAP had met certain standards regarding the type of equipment used in the facility. There has been significant resistance from both the 911 Board and the telecommunications industry to allowing the expanded uses of the E-911 fees. The 911 Board rejected the sub group's recommendation combining standards and the expanded use of the fees. However, NCACC has been assured that the recommendations of the subgroup will be considered by the legislative committee, which is scheduled to meet again Feb. 24. February 5, 2010 Attachment number 2 G-4 Page 126