77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2157

                         Senate Bill 134

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Veterans' and Military Affairs)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies organizational structure and process for 9-1-1
emergency reporting system. Establishes nine regional 9-1-1
centers for 9-1-1 call-taking.
  Becomes operative on July 1, 2015.

                        A BILL FOR AN ACT
Relating to 9-1-1 emergency communications; creating new
  provisions; amending ORS 305.823, 403.105, 403.200, 403.205,
  403.220, 403.225, 403.230, 403.235, 403.240, 403.245, 403.300,
  403.305, 403.310, 403.315, 403.320, 403.325, 403.330, 403.335,
  403.340, 403.345, 403.350, 403.355, 403.360, 403.370, 403.375,
  403.380, 404.325 and 451.010; and repealing ORS 403.110,
  403.115, 403.120, 403.130, 403.135, 403.140, 403.145, 403.150,
  403.155, 403.156, 403.160, 403.165, 403.210, 403.215, 403.250,
  451.605 and 451.610.
Be It Enacted by the People of the State of Oregon:

                               { +
NEXT GENERATION 9-1-1 SERVICE + }

  SECTION 1. ORS 403.105 is amended to read:
  403.105. As used in ORS 305.823 and 403.105 to 403.250, unless
the context requires otherwise:
    { - (1) 'Account' means the Emergency Communications
Account. - }
    { - (2) 'Central office' means a utility that houses the
switching and trunking equipment serving telephones in a defined
area. - }
    { - (3) 'Department' means the Department of Revenue. - }
    { - (4) 'Emergency call' means a telephone request that
results from a situation in which prompt service is essential to
preserve human life or property. - }
    { - (5) 'Enhanced 9-1-1 telephone service' means 9-1-1
telephone service consisting of a network, database and
on-premises equipment that provides automatic display of the
incoming telephone number and address in the designated public

safety answering point at the time of receiving an incoming 9-1-1
call. - }
    { - (6) 'Exchange access services' means: - }
    { - (a) Telephone exchange access lines or channels that
provide local access by a subscriber in this state to the local
telecommunications network to effect the transfer of information;
and - }
    { - (b) Unless a separate tariff rate is charged therefor,
any facility or service provided in connection with the services
described in paragraph (a) of this subsection. - }
    { - (7) 'Governing body' means the board of county
commissioners of a county, city council of a city, other
governing body of a city or county, board of directors of a
special district or a 9-1-1 jurisdiction. - }
    { - (8) 'Local government' has the meaning given that term in
ORS 190.710. - }
    { - (9) 'Provider' means a utility or other vendor or
supplier of telecommunications service or equipment that provides
telecommunications with access to the 9-1-1 emergency reporting
system through local exchange service, cellular service or other
wired or wireless means. - }
    { - (10) 'Public or private safety agency' means any unit of
state or local government, a special-purpose district or a
private firm that provides or has authority to provide
fire-fighting, police, ambulance or emergency medical
services. - }
    { - (11) 'Public safety answering point' means a 24-hour
communications facility established as an answering location for
9-1-1 calls originating within a given service area. A 'primary
public safety answering point' receives all calls directly from
the public. A 'secondary public safety answering point' only
receives calls from a primary public safety answering point on a
transfer or relay basis. - }
    { - (12) 'Subscriber' means a person who has
telecommunication access to the 9-1-1 emergency reporting system
through local exchange service, cellular service or other wired
or wireless means. - }
    { - (13) 'TTY' means a telephone-typewriter used by an
individual with a hearing or speech impairment to communicate
with another device or individual. - }
    { - (14) 'Utility' means a utility, as defined in ORS
759.005, a telecommunications carrier, as defined in ORS 133.721,
a municipality or any provider of exchange access services. - }
    { - (15) 'Vendor' means a person providing telephone customer
premises equipment or equipment specific to the operation of
enhanced 9-1-1 telephone service. - }
    { - (16) '9-1-1 emergency reporting system' means a telephone
service that provides the users of a public telephone system the
ability to reach a primary public safety answering point by
calling 9-1-1. - }
    { - (17) '9-1-1 jurisdiction' means: - }
    { - (a) An entity created under ORS chapter 190; - }
    { - (b) A county service district established under ORS
chapter 451 to provide an emergency communications system; - }
    { - (c) An emergency communications district created under
ORS 403.300 to 403.380; or - }
    { - (d) A group of public or private safety agencies who have
agreed in writing to jointly plan the installation, maintenance,
operation or improvement of a 9-1-1 emergency reporting
system. - }
    { - (18) '9-1-1 service area' means the geographical area
that contains the entire central office serving area from which
the primary public safety answering point will have the
capability to answer calls placed to 9-1-1. - }
   { +  (1) '9-1-1 emergency call' means a request for emergency
assistance made from a device capable of accessing the 9-1-1
emergency reporting system that results from a situation in which
prompt service is essential to preserve human life or property.
  (2) '9-1-1 emergency reporting system' means a 9-1-1 emergency
reporting system that replicates the functions of enhanced 9-1-1
service and provides for additional functions associated with
next generation 9-1-1 service.
  (3) '9-1-1 service area' means the geographic area assigned to
a regional 9-1-1 authority.
  (4) 'Call-taker workstation' means a workstation in a regional
9-1-1 center that is equipped and utilized to receive 9-1-1
emergency calls.
  (5) 'Dispatch workstation' means a workstation in a regional
9-1-1 center that is equipped and utilized to dispatch emergency
units from a public or private safety agency.
  (6) 'Emergency dispatch communication' means information
transmission between a regional 9-1-1 center and a public or
private safety agency for the purpose of responding to a 9-1-1
emergency call.
  (7) 'Emergency services IP network' means an internet protocol
enabled broadband network that connects all regional 9-1-1
centers.
  (8) 'Enhanced 9-1-1 service' means 9-1-1 service consisting of
a network, database and on-premises equipment that provides
automatic display of the incoming telephone number and address at
the time of receiving an incoming 9-1-1 emergency call.
  (9) 'Exchange access service' means:
  (a) A telephone exchange access line or channel that provides
local access by a subscriber in this state to the local
telecommunications network to effect the transfer of information;
and
  (b) Unless a separate tariff rate is charged for the facility
or service, any facility or service provided in connection with
the service described in paragraph (a) of this subsection.
  (10) 'Internet protocol' or 'IP' means the principal
communications protocol in the internet protocol suite used to
encapsulate, address and route data from a sending computer to a
receiving computer by way of interconnected computers that all
utilize the internet protocol suite.
  (11) 'Local government' has the meaning given that term in ORS
190.710.
  (12) 'Next generation 9-1-1 service' means 9-1-1 service
consisting of a network, database and on-premises equipment that
provides automatic display in a regional 9-1-1 center of the
telephone number and address associated with a device that
initiates a 9-1-1 emergency call and the X-Y coordinates of the
location of the device when the 9-1-1 emergency call is
initiated.
  (13) 'Provider' means a utility or other vendor or supplier of
telecommunications service or equipment that provides
telecommunications with access to the 9-1-1 emergency reporting
system through local exchange access service, cellular service or
other wired or wireless means.
  (14) 'Public or private safety agency' means a unit of state or
local government, a special-purpose district or a private firm
that provides fire-fighting, police, ambulance or emergency
medical services.
  (15) 'Regional 9-1-1 authority' means one of the following
types of entities created solely for the purpose of managing the
operation of a regional 9-1-1 center:
  (a) An entity created by an intergovernmental agreement entered
into under ORS chapter 190; or
  (b) A 9-1-1 communications district created under ORS 403.300
to 403.380.
  (16) 'Regional 9-1-1 center' means a 24-hour communications
facility established to answer a 9-1-1 emergency call that

originates within a 9-1-1 service area and to provide dispatch
communications, including emergency dispatch communications.
  (17) 'Subscriber' means a person who has telecommunication
access to the 9-1-1 emergency reporting system through local
exchange access service, cellular service or other wired or
wireless means.
  (18) 'TTY' means a telephone-typewriter used by an individual
with a hearing or speech impairment to communicate with another
device or individual.
  (19) 'Utility' means a telecommunications utility as defined in
ORS 759.005, a telecommunications carrier as defined in ORS
133.721, a municipality or any provider of exchange access
service.
  (20) 'Vendor' means a person providing telephone customer
premises equipment or equipment specific to the operation of next
generation 9-1-1 service.
  (21) 'X-Y coordinates' means the latitudinal and longitudinal
coordinates used to identify a geographic location. + }
  SECTION 2.  { + Sections 3 to 13 of this 2013 Act are added to
and made a part of ORS 403.105 to 403.250. + }
  SECTION 3.  { + (1) The primary emergency telephone number
within this state is 9-1-1.
  (2) The 9-1-1 emergency reporting system is established and
must be available throughout this state for the purpose of
receiving 9-1-1 emergency calls.
  (3) The 9-1-1 emergency reporting system must include:
  (a) Nine regional 9-1-1 centers, each of which is automatically
accessible throughout the appropriate 9-1-1 service area by
contacting 9-1-1;
  (b) Automatic display in a regional 9-1-1 center of the
telephone number and address associated with the device and the
X-Y coordinates of the location of the device when the 9-1-1
emergency call is initiated;
  (c) Capability to receive 9-1-1 emergency calls from
individuals with hearing or speech impairments through a TTY; and
  (d) An emergency services IP network that connects all regional
9-1-1 centers and is designed to ensure that one or fewer 9-1-1
emergency calls in 100 attempts receive a busy signal on the
first attempt during the average busiest hour.
  (4) In addition to the requirements set forth in subsection (3)
of this section, next generation 9-1-1 service must provide the
number of call-taker workstations described in this section for
each regional 9-1-1 center and staffing at all times for at least
50 percent of the call-taker workstations.
  (5) Nine 9-1-1 service areas are established in this state. The
9-1-1 service areas and the 9-1-1 call-taker capacity for each
region are:
  (a) The central region 9-1-1 service area consists of
Deschutes, Klamath and Lake Counties and shall provide seven
call-taker workstations for the region.
  (b) The eastern region 9-1-1 service area consists of Baker,
Grant, Harney, Malheur, Umatilla, Union and Wallowa Counties and
shall provide five call-taker workstations for the region.
  (c) The Eugene metro 9-1-1 service area consists of Benton,
Lane and Linn Counties and shall provide nine call-taker
workstations for the region.
  (d) The Columbia Gorge 9-1-1 service area consists of Crook,
Gilliam, Hood River, Jefferson, Morrow, Sherman, Wasco and
Wheeler Counties and shall provide five call-taker workstations
for the region.
  (e) The Multnomah 9-1-1 service area consists of Multnomah
County and shall provide 12 call-taker workstations for the
region.
  (f) The North Coast 9-1-1 service area consists of Clatsop,
Columbia, Lincoln and Tillamook Counties and shall provide five
call-taker workstations for the region.
  (g) The Portland metro 9-1-1 service area consists of Clackamas
and Washington Counties and shall provide nine call-taker
workstations for the region.
  (h) The Salem metro 9-1-1 service area consists of Marion, Polk
and Yamhill Counties and shall provide nine call-taker
workstations for the region.
  (i) The South Coast 9-1-1 service area consists of Coos, Curry,
Douglas, Jackson and Josephine Counties and shall provide nine
call-taker workstations for the region.
  (6) A regional 9-1-1 center must be operated under the
direction of a regional 9-1-1 authority.
  (7) A regional 9-1-1 authority shall have a disaster recovery
plan for its regional 9-1-1 center. At a minimum, the disaster
recovery plan must include:
  (a) Recovery procedures for loss of connection to the emergency
services IP network, including but not limited to a plan on file
with the provider of the emergency services IP network that
designates alternative routes or directs the provider temporarily
to route 9-1-1 emergency calls through another regional 9-1-1
center.
  (b) A plan temporarily to transfer regional 9-1-1 center
operations to another location, including another regional 9-1-1
center, if the regional 9-1-1 center becomes inoperable or
inaccessible.
  (c) 24-hour emergency numbers for the providers of the
emergency services IP network that serves the regional 9-1-1
center. + }
  SECTION 4.  { + (1) The Office of Emergency Management shall:
  (a) Approve a plan for the establishment and operation of a
regional 9-1-1 center in each 9-1-1 service area and to create a
regional 9-1-1 authority to operate each center.
  (b) Oversee implementation of the plan.
  (2) A regional 9-1-1 authority shall operate a regional 9-1-1
center pursuant to the plan approved by the office.
  (3) At a minimum, the plan must include:
  (a) The address of the regional 9-1-1 center;
  (b) Telephone numbers used to satisfy requirements set forth in
sections 3 and 8 of this 2013 Act;
  (c) The name and contact information for members of the
governing body or, if applicable, the director of the regional
9-1-1 authority; and
  (d) The name and contact information for public or private
safety agencies dispatched through the regional 9-1-1 center.
  (4) A regional 9-1-1 authority shall submit to the office new
or additional information to update the plan within 30 days after
any change that materially alters the operation of the regional
9-1-1 center as described in the approved plan on file with the
office.
  (5)(a) If a regional 9-1-1 authority proposes to move the
location of a regional 9-1-1 center or if a proposal to
reorganize a regional 9-1-1 authority is considered, either under
a different principal act or under the same principal act with
materially altered governance structure or authority, the
regional 9-1-1 authority shall submit proposed changes to the
approved plan to:
  (A) The office;
  (B) Public or private safety agencies that operate in the 9-1-1
service area;
  (C) Utilities that provide telephone service in the 9-1-1
service area; and
  (D) The provider of the emergency services IP network.
  (b) For purposes of this subsection, a proposal to reorganize a
regional 9-1-1 authority is considered:
  (A) In the case of a regional 9-1-1 authority created pursuant
to an intergovernmental agreement entered into under ORS 190.003
to 190.130, when the units of local government that are parties
to the intergovernmental agreement reach agreement to end the
intergovernmental agreement or to reorganize the entity pursuant
to a new intergovernmental agreement.
  (B) In the case of a 9-1-1 communications district created
under ORS 403.300 to 403.380, when dissolution procedures are
initiated as described in ORS 198.920.
  (6) If the office determines that the changes to the plan are
in compliance with ORS 403.105 to 403.250 and that all public or
private safety agencies have approved the changes in writing, the
office shall approve the changes to the plan. + }
  SECTION 5.  { + (1) The Office of Emergency Management shall
establish a process for the creation of a regional 9-1-1
authority of each 9-1-1 service area established by section 3 of
this 2013 Act.
  (2) To satisfy the requirements of subsection (1) of this
section, the office may:
  (a) Convene one or more meetings with representatives of local
governments in a 9-1-1 service area and provide one or more
opportunities for public input, for the purpose of reaching a
consensus solution for the creation of the regional 9-1-1
authority;
  (b) Approve a proposal, after accepting and reviewing proposals
from local governments in a 9-1-1 service area and providing one
or more opportunities for public input, for the creation of the
regional 9-1-1 authority for the 9-1-1 service area; or
  (c) Utilize a combination of the processes described in
paragraphs (a) and (b) of this subsection.
  (3) The office shall endeavor to implement a solution that best
serves the needs of each 9-1-1 service area, and the office is
not required to utilize the same process in each 9-1-1 service
area.
  (4) The office shall purchase and maintain the emergency
services IP network, equipment and services required for
operation of the 9-1-1 emergency reporting system;
  (5) After creation of a regional 9-1-1 authority and before the
operative date of section 3 of this 2013 Act, the regional 9-1-1
authority shall submit to the office for approval a plan for
operating the regional 9-1-1 center that meets the requirements
of section 4 of this 2013 Act.
  (6) At the request of a regional 9-1-1 authority, the office
shall assist in planning for a regional 9-1-1 center. + }
  SECTION 6.  { + (1) The Office of Emergency Management shall
adopt rules in accordance with ORS chapter 183 for planning,
funding and operating the 9-1-1 emergency reporting system,
including minimum standards for a regional 9-1-1 center.
  (2) A regional 9-1-1 center must meet the minimum standards
within 45 days after receipt of written notice from the office of
changes in the minimum standards.
  (3) If a regional 9-1-1 center does not meet the minimum
standards established under this section within 45 days after
receipt of written notice from the office, the office shall cause
9-1-1 emergency calls and emergency dispatch communications to be
routed through a different regional 9-1-1 center that does meet
the minimum standards. + }
  SECTION 7.  { + (1) A public or private safety agency shall
participate in the 9-1-1 emergency reporting system.
  (2) A public or private safety agency may enter into an
agreement requiring that an emergency unit dispatched by a
regional 9-1-1 center must render emergency services without
regard to jurisdictional boundaries of the public or private
safety agency from which the emergency unit was dispatched.
  (3) A regional 9-1-1 authority may not enforce contractual
provisions that have the effect of punishing or penalizing a
public or private safety agency for failure to meet mandatory
response times during a declared state of emergency in which the
public or private safety agency has allowed agency resources to
respond and provide emergency services outside the normal service
area of the agency. + }
  SECTION 8.  { + (1) Notwithstanding section 3 (1) of this 2013
Act, a public or private safety agency shall maintain a secondary
10-digit emergency number for use by the telephone company
operator and a separate 10-digit nonemergency number.
  (2) A publisher of a telephone book:
  (a) May not publish an emergency telephone number other than
9-1-1 on the top three-quarters of the emergency listing page of
the telephone book.
  (b) May publish an alternative nonemergency telephone number
for a regional 9-1-1 authority on the top three-quarters of the
emergency listing page of the telephone book.
  (c) May use the remainder of the page to list the Oregon Poison
Center, the Federal Bureau of Investigation, a designated mental
health crises service and the United States Coast Guard, where
appropriate. If there is more than one mental health crises
service in a 9-1-1 service area, the county health department
shall decide which mental health crises service the publisher may
list by using the criteria of a 24-hour staffed service,
nonprofit organization and non-9-1-1 participating agency.
  (3) For the numbers of community services not listed on the
emergency listing page, the publisher shall refer users to the
community services section of the telephone directory. + }
  SECTION 9.  { + (1) A utility that provides exchange access
service or radio communications service and that provides
automatic telephone number identification to a regional 9-1-1
center may not block the number of the calling party from being
displayed in a regional 9-1-1 center during a 9-1-1 emergency
call.
  (2) A utility is not subject to an action for civil damages for
providing in good faith confidential or nonpublic information,
including nonpublished and nonlisted subscriber information, to
emergency services providers who are responding to a 9-1-1
emergency call or notifying the public of an emergency. This
subsection does not compel a utility to provide, without process
of law, nonpublished and nonlisted subscriber information
directly to emergency services providers or law enforcement
agencies before initiation of a 9-1-1 emergency call.
  (3) A telephone number received by a regional 9-1-1 center
through automatic telephone number identification is confidential
and is not subject to public disclosure by the regional 9-1-1
center unless a public or private safety agency has included the
telephone number in an official report because the public or
private safety agency did not withhold the telephone number under
ORS 192.410 to 192.505 or other state and federal laws.
  (4) A nonpublished or nonlisted telephone number is not subject
to public disclosure without the permission of the subscriber.
  (5) A nonpublished or nonlisted telephone number may not be
included in:
  (a) The official report of a regional 9-1-1 center; or
  (b) The official report of a public or private safety agency.
  (6) Subscriber information acquired by a regional 9-1-1 center
for the purpose of enhancing the 9-1-1 emergency reporting system
is not subject to public disclosure and may not be used by other
public agencies except:
  (a) To respond to a 9-1-1 emergency call; or
  (b) To notify the public of an emergency by utilizing an
automated telephone notification system if a utility has provided
subscriber information to the regional 9-1-1 center or emergency
services provider. + }
  SECTION 10.  { + A person that provides telephone service
through a coin-operated or card-operated pay telephone in this
state shall convert the pay telephone to allow 9-1-1 emergency
calls and operator-assisted calls to be made without depositing
money or charging for the call. + }
  SECTION 11.  { + (1) A dispute about the 9-1-1 emergency
reporting system between a regional 9-1-1 center and either a
public or private safety agency or a unit of local government
that was party to the intergovernmental agreement by which the
regional 9-1-1 authority was created must be submitted to
alternative dispute resolution as provided in this section if the
dispute cannot be resolved in accordance with a written
agreement.
  (2) When a regional 9-1-1 authority becomes aware that a
dispute described in subsection (1) of this section exists and
cannot be resolved by the entities, the regional 9-1-1 authority
shall notify the Office of Emergency Management of the dispute in
writing. Within 30 days after actual receipt by the office of the
notification, the disputing entities shall mutually select a
mediator and notify the office in writing of the selection. If a
mediator is not mutually selected by the entities within the
30-day period, the Director of the Office of Emergency Management
shall select a mediator from the roster of mediators established
under subsection (7) of this section. Once selected, the mediator
shall establish a schedule for the mediation process. The
disputing entities shall resolve the dispute within 60 days after
the date the mediator is agreed upon or selected unless the
entities mutually agree in writing to an extension of the
deadline. A copy of all extensions must be submitted to the
office.
  (3) When the mediation process ends, the mediator shall notify
the office in writing of the outcome of the mediation.
  (4) If the entities are not able to resolve their dispute
through mediation, the entities shall submit the dispute to
arbitration. The entities shall select an arbitrator within 30
days after the end of the mediation. If the disputing entities
are unable to mutually select an arbitrator within the 30-day
period, the director shall request the presiding judge for the
judicial district in which the regional 9-1-1 center is located
to select an arbitrator. Once selected, the arbitrator shall hear
and decide the dispute within 30 days after selection unless the
agencies mutually agree in writing to an extension of the
deadline. A copy of all extensions must be submitted to the
office.
  (5) When the arbitration process ends, the arbitrator shall
notify the office in writing of the outcome of the arbitration.
  (6) A party to an arbitration under this section may seek
confirmation, vacation, modification or correction of the
arbitrator's decision as provided in ORS 36.700, 36.705 and
36.710. A court may vacate a decision only if there is a basis to
vacate the decision as described in ORS 36.705 (1)(a) to (d). The
court may modify or correct a decision only for the grounds given
in ORS 36.710.
  (7) The office shall establish a roster of mediators qualified
to mediate disputes under this section. The roster may be used by
the disputing entities when selecting a mediator.
  (8) Unless otherwise agreed upon, the costs of the mediation or
arbitration, including the mediator's or arbitrator's fees, must
be divided equally among the disputing entities. + }
  SECTION 12.  { + (1) The Office of Emergency Management may
institute legal proceedings against a public or private safety
agency, a regional 9-1-1 authority or another person to compel
compliance with or to restrain further violation of ORS 403.105
to 403.250 or rules adopted pursuant to section 6 of this 2013
Act.  Proceedings authorized by this section:
  (a) May be instituted without official notice, hearing or order
provided in ORS chapter 183.
  (b) If brought against a utility, must be brought before the
Public Utility Commission as provided by ORS chapter 756.
  (2) The office may withhold funding from a regional 9-1-1
authority when the regional 9-1-1 authority is out of compliance
with a requirement imposed under ORS 403.105 to 403.250 or rules
adopted by the office. + }
  SECTION 13.  { + (1) The Office of Emergency Management shall
report biennially to the Legislative Assembly the progress made
in implementing ORS 403.105 to 403.250, including in the report:
  (a) Financial information concerning the moneys collected,
distributed and expended by state agencies and regional 9-1-1
authorities for the purposes of planning, funding and operating
the 9-1-1 emergency reporting system; and
  (b) Account and subaccount balances.
  (2) The office may establish advisory committees and study
groups to study and advise on:
  (a) The planning, funding and operation of the 9-1-1 emergency
reporting system; and
  (b) Issues impacting the 9-1-1 emergency reporting system. + }

                               { +
TAX FOR EMERGENCY COMMUNICATIONS + }

  SECTION 14. ORS 403.200 is amended to read:
  403.200. (1) There is imposed on each paying retail subscriber
who has telecommunication services with access to the 9-1-1
emergency reporting system a tax equal to 75 cents per month. The
tax must be applied on a telecommunications circuit designated
for a particular subscriber. One subscriber line must be counted
for each circuit that is capable of generating usage on the line
side of the switched network regardless of the quantity or
ownership of customer premises equipment connected to each
circuit. For providers of central office based services, the tax
must be applied to each line that has unrestricted connection to
the switched network. Those central office based service lines
that have restricted connection to the switched network must be
charged based on software design in the central office that
restricts the number of station calls to and from the network.
 { +
  (2) + } For cellular, wireless or other radio common carriers,
the tax applies on a per instrument basis   { - and only if - }
 { + when + } the subscriber's place of primary use, as defined
 { - and determined under 4 U.S.C. 116 to 126 - }  { +  under 4
U.S.C. 124 + }, is within this state.
   { +  (3) A cellular, wireless or other radio common carrier
that meets the definition of a home service provider under 4
U.S.C. 124 shall determine, in the manner provided under 4 U.S.C.
116 to 126, the place of primary use of a subscriber. A failure
to determine the place of primary use under this subsection, in
the manner provided under 4 U.S.C. 116 to 126 or otherwise, does
not void the obligation of the subscriber to pay the tax or the
obligation of the cellular, wireless or other radio common
carrier to collect and remit the tax. + }
    { - (2) - }   { + (4) + } The subscriber is liable for the
tax imposed by this section.
    { - (3) - }   { + (5) + } The amounts of tax collected by the
provider  { + under this section + } are considered as payment by
the subscriber for that amount of tax.
    { - (4) - }   { + (6) + } Any return made by the provider
collecting the tax  { +  under this section + } must be accepted
by the Department of Revenue as evidence of payments by the
subscriber of amounts of tax so indicated upon the return.
  SECTION 15.  { + Section 16 of this 2013 Act is added to and
made a part of ORS 403.200 to 403.230. + }
  SECTION 16.  { + (1) A provider required to collect the tax
imposed by ORS 403.200 shall:
  (a) Collect the tax and file a return with the Department of
Revenue on or before the last day of the month following the end
of each calendar quarter, reporting the amount of tax due for

access to the 9-1-1 emergency reporting system during the
quarter.
  (b) Keep records, render statements, make returns and comply
with rules adopted by the department with respect to the tax.
  (2) When a return of the tax is required under this section,
the provider described in subsection (1) of this section that is
required to make the return:
  (a) Shall make the return subject to penalties for false
swearing.
  (b) Shall remit the tax due to the department at the time fixed
for filing the return.
  (c) May elect to pay the tax based on:
  (A) The amount of tax actually collected during the quarter; or
  (B) The net amount of tax billed during the quarter. The net
amount billed equals the gross amount of tax billed less
adjustments for uncollectible accounts, refunds, incorrect
billings and other appropriate adjustments.
  (3) When a provider has made an election under subsection (2)
of this section, the provider may not change the method of
payment and reporting unless the provider obtains permission from
the department.
  (4) The department shall prescribe by rule the form of the
return required by this section and the penalties for false
swearing. + }
  SECTION 17. ORS 403.205 is amended to read:
  403.205. The tax imposed by ORS 403.200 does not apply to:
  (1) Services that the state is prohibited from taxing under the
Constitution or laws of the United States or the Constitution or
laws of the State of Oregon.
  (2) Interconnection between   { - telecommunications - }
utilities and competitive   { - access - }  { +
telecommunications + } providers certified pursuant to ORS
759.020, radio common carriers and interexchange carriers.
  SECTION 18. ORS 403.220 is amended to read:
  403.220. (1) If the amount paid by   { - the provider - }
 { + a provider required to collect the tax imposed by ORS
403.200 + } to the Department of Revenue under   { - ORS
403.215 - }   { + section 16 of this 2013 Act + } exceeds the
amount of tax payable, the department shall refund the amount of
the excess with interest thereon at the rate established under
ORS 305.220 for each month or fraction of a month from the date
of payment of the excess until the date of the refund.  { +
  (2) + } The department may not make a refund to a provider who
fails to claim the refund within two years after the due date for
filing of the return with respect to which the claim for refund
relates.
    { - (2) - }   { + (3) + } A subscriber's exclusive remedy in
a dispute involving tax liability is to file a claim with the
department.
  SECTION 19. ORS 403.225 is amended to read:
  403.225. (1)   { - Every - }   { + A + } provider required to
collect the tax imposed by ORS 403.200   { - to 403.230 - }  is
deemed to hold the   { - same - }  { + tax revenue + } in trust
for the State of Oregon and for the payment thereof to the
Department of Revenue in the manner and at the time provided by
 { - ORS 403.215 - }  { +  section 16 of this 2013 Act + }.
  (2) If the provider   { - required to collect the tax - }
fails to remit any amount deemed to be held in trust for the
State of Oregon or if the subscriber fails to pay the tax, the
department may enforce collection by the issuance of a distraint
warrant for the collection of the delinquent amount and all
penalties, interest and collection charges accrued thereon.
   { +  (3) + } The warrant is issued and proceeded upon in the
same manner and has the same force and effect as is prescribed
with respect to warrants for the collection of delinquent income
taxes.
  SECTION 20. ORS 403.230 is amended to read:
  403.230. (1) Unless the context requires otherwise, the
provisions of ORS chapters 305, 314 and 316 as to the audit and
examination of reports and returns, determination of
deficiencies, assessments, claims for refunds, penalties,
interest, jeopardy assessments, warrants, conferences and appeals
to the Oregon Tax Court, and procedures relating thereto, apply
to ORS 403.200 to 403.230 the same as if the tax were a tax
imposed upon or measured by net income. The provisions apply to
the subscriber liable for the tax and to the provider required to
collect the tax. As to any amount collected and required to be
remitted to the Department of Revenue, the tax is considered a
tax upon the provider required to collect the tax and that
provider is considered a taxpayer.
  (2) Notwithstanding ORS 314.835 and 314.840, the Department of
Revenue may disclose information received under ORS 403.200 to
403.230 to the Public Utility Commission to carry out the
provisions of chapter 290, Oregon Laws 1987.
  (3) The Public Utility Commission may disclose information
obtained pursuant to chapter 290, Oregon Laws 1987, to the
Department of Revenue to administer the tax imposed under ORS
403.200   { - to 403.230 - } .
  SECTION 21. ORS 403.235 is amended to read:
  403.235. (1) The Emergency Communications Account is
established separate and distinct from the General Fund in the
State Treasury. All moneys received by the Department of Revenue
pursuant to ORS 403.200 to 403.230 and interest thereon must be
paid to the State Treasurer to be held in a suspense account
established under ORS 293.445. After payment of refunds, the
balance of the moneys received must be paid into the State
Treasury and credited to the Emergency Communications Account.
All moneys in the account are continuously appropriated to the
Office of Emergency Management and must be used for the purposes
described in ORS 403.240.
  (2) The   { - Enhanced - }   { + Next Generation + } 9-1-1
Subaccount is established as a subaccount of the Emergency
Communications Account. Thirty-five percent of the amount in the
Emergency Communications Account on the date of distribution must
be credited to the   { - Enhanced - }   { + Next Generation + }
9-1-1 Subaccount. All moneys in the   { - account - }
 { + subaccount + } are continuously appropriated to the Office
of Emergency Management and must be used for the purposes
described in ORS 403.240 (3)  { - , (4) and (5) - }  { +  or
(4) + }.
  SECTION 22. ORS 403.240, as amended by section 1, chapter 60,
Oregon Laws 2012, 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 - }
 { + Next Generation + } 9-1-1 Subaccount to pay for costs
incurred  { + by a regional 9-1-1 authority + } during the
preceding calendar quarter
  { - for enhanced 9-1-1 telephone service established pursuant
to ORS 403.115 - }  { +  to comply with ORS 403.105 to
403.250 + }. 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 - }  { +  Next Generation 9-1-1 Subaccount
to a regional 9-1-1 center that does not have an approved plan
for next generation 9-1-1 service under sections 3 and 4 of this
2013 Act + }. 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 - }   { + regional 9-1-1 authority to comply with ORS
403.105 to 403.250 + } 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) - }   { + (a) + } Network development, operation and
maintenance;
    { - (c) - }   { + (b) + } Database development, operation and
maintenance;
    { - (d) - }   { + (c) + } On-premises equipment procurement,
maintenance and replacement;
    { - (e) - }   { + (d) + } Conversion of pay   { - station - }
telephones required by
  { - ORS 403.140 - }  { +  section 10 of this 2013 Act + };
    { - (f) - }   { + (e) + } Collection of the tax imposed by
ORS 403.200   { - to 403.230 - } ; and
    { - (g) - }   { + (f) + } 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) - }   { + (4) + }   { - 9-1-1 jurisdictions - }
 { + A regional 9-1-1 authority + } may use funds distributed
 { - to the jurisdiction from any account - }  { + from an
account or subaccount + } 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) - }   { + (5) + } The office shall retain amounts
remaining in the
  { - Enhanced - }   { + Next Generation + } 9-1-1 Subaccount and
may distribute the amounts in a subsequent quarter for those
purposes set forth in
  { - subsections (3), (4) and (5) - }   { + subsection (3) or
(4) + } 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) - }   { + (6) + } 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 - }   { + ORS 403.105 to 403.250  + }for the
appropriateness of the costs claimed.
    { - (9) - }   { + (7) + } After all amounts under subsections
(1) and (2) of this section and ORS 403.235 (2) have been paid,
the office shall allocate 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 as directed
by the city or county. However, each county must be credited 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. - }  { +  in an equal amount to each
call-taker workstation and distribute the balance to the regional
9-1-1 authorities based on the number of call-taker workstations
in each regional 9-1-1 center. + }
    { - (10) - }   { + (8) + }   { - 9-1-1 jurisdictions - }
 { + A regional 9-1-1 authority + } 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
 { + need + } not be limited to:
  (a) Funds received and expended under subsection   { - (9) - }
 { + (7) + } of this section   { - for the purposes of fulfilling
the requirements of ORS 403.115 - }  { +  to comply with ORS
403.105 to 403.250 + };
  (b) Local funds received and expended   { - for the purposes of
fulfilling the requirements of ORS 403.115 - }  { +  to comply
with ORS 403.105 to 403.250 + }; and
  (c) Local funds received and expended for the purposes of
providing emergency communications services { +  other than the
9-1-1 emergency reporting system + }.
  SECTION 23. ORS 403.245 is amended to read:
  403.245. (1) Except as provided in subsection (2) of this
section and rules adopted under   { - ORS 403.120 (1)(a), - }
 { +  section 6 of this 2013 Act, a regional 9-1-1 authority may
use + } moneys received under   { - ORS 403.240 (9) may be used
only to pay for planning, installation, maintenance, operation
and improvement of a 9-1-1 emergency reporting system as it
relates to getting the call from the member of the public to the
primary public safety answering point and in transmitting the
information from the primary public safety answering point to the
secondary public safety answering point or responding police,
fire, medical or other emergency unit by telephone, radio or
computerized means. - }   { + ORS 403.240 (7) only to pay costs
associated with the 9-1-1 emergency reporting system. + }
  (2)  { + The regional 9-1-1 authority may invest + } moneys not
then being used   { - may be invested by a city or county. The
income from the investments must be used - }   { + and may use
income from the investments + } for the purposes described in
subsection (1) of this section.

                               { +
9-1-1 COMMUNICATIONS DISTRICTS + }

  SECTION 24. ORS 403.300 is amended to read:
  403.300. As used in ORS 403.300 to 403.380, unless the context
requires otherwise { + , '9-1-1 service area,' 'public or private
safety agency,' 'regional 9-1-1 authority' and ' regional 9-1-1
center' have the meanings given those terms in ORS 403.105. + }
 { - : - }
    { - (1) 'District' means a 9-1-1 communications district
formed under ORS 403.300 to 403.380. - }
    { - (2) 'District board' or 'board' means the governing body
of a district. - }
    { - (3) '9-1-1 emergency reporting system' means a system
established under ORS 403.115. - }
    { - (4) '9-1-1 jurisdiction' has the meaning given that term
by ORS 403.105. - }
    { - (5) 'Public or private safety agency' has the meaning
given that term by ORS 403.105. - }
  SECTION 25. ORS 403.305 is amended to read:
  403.305. (1) A 9-1-1 communications district may be created as
provided in ORS 198.705 to 198.955 and 403.300 to 403.380 { +  to
serve as a regional 9-1-1 authority under ORS 403.105 to
403.250 + }.
    { - (2) A 9-1-1 communications district consists of the
telephone exchange service areas located wholly or partly within
a designated 9-1-1 jurisdiction's service area that is served by
a public safety answering point. A district may include more than
one city and county. - }
    { - (3) Before a petition for formation of a district is
filed with the county board of the principal county under ORS
198.800, the petition must be approved by indorsement thereon by
two-thirds of the governing bodies of all public or private
safety agencies representing two-thirds of the population
included within the proposed district. A county governing body
may not adopt an order under ORS 198.835 for the formation of a
district unless the governing body first obtains written approval
for the formation of the district from two-thirds of the
governing bodies of all public or private safety agencies
representing two-thirds of the population included within the
proposed district. - }
    { - (4) - }   { + (2) + } In addition to other required
matters,   { - the - }   { + a + } petition for formation must
state the number of   { - district - }  board members for the
proposed  { + 9-1-1 communications + } district and the method of
election of the board of the proposed district from among the
methods described in ORS 403.340.
   { +  (3) The governing body of a county may not consider a
petition filed under ORS 198.800 unless the Office of Emergency
Management provides written certification to the governing body
of the county that formation of the 9-1-1 communications district
is consistent with a plan approved under sections 3 and 4 of this
2013 Act for operation of a regional 9-1-1 center. + }
  SECTION 26. ORS 403.310 is amended to read:
  403.310. (1)   { - The officers of the district shall be - }  A
board of five or seven members elected by the electors of
 { - the - }   { + a 9-1-1 communications + } district { +  shall
serve as officers of the district + }.
  (2) Any elector residing within the district is qualified to
serve as a   { - district - }  board member.
  SECTION 27. ORS 403.315 is amended to read:
  403.315. (1) ORS chapter 255 governs the following:
  (a) The nomination and election of   { - district - }  board
members  { +  of a 9-1-1 communications district + }.
  (b) The conduct of district elections.
  (2) The electors of a district may exercise the powers of the
initiative and referendum regarding a district measure, in
accordance with ORS 255.135 to 255.205.
  SECTION 28. ORS 403.320 is amended to read:

  403.320. (1) The   { - district - }  board  { + of a 9-1-1
communications district + } is the governing body of the district
and shall exercise all powers thereof.
  (2) At its first meeting or as soon thereafter as may be
practicable, the board shall choose one of its members as
president.
  SECTION 29. ORS 403.325 is amended to read:
  403.325. (1) Five or seven   { - district - }  board
members { +  of a 9-1-1 communications district + }, determined
by the number of board members set forth in the petition for
formation { +  of the district + }, must be elected at the
election for district formation. Nominating petitions must be
filed with the county governing body.
  (2) When the petition for formation provides for a five-member
 { - district - }  board, if the effective date of the formation
of the district occurs in an odd-numbered year, two
  { - district - }  board members must be elected for four-year
terms and the other three   { - district - }  board members must
be elected for two-year terms. If the effective date of the
formation occurs in an even-numbered year, two   { - district - }
board members must be elected for three-year terms and the other
three   { - district - }  board members must be elected for
one-year terms.
  (3) When the petition for formation provides for a seven-member
 { - district - }  board, if the effective date of the formation
of the district occurs in an odd-numbered year, three
  { - district - }  board members must be elected for four-year
terms and the other four   { - district - }  board members must
be elected for two-year terms. If the effective date of the
formation occurs in an even-numbered year, three
 { - district - }  board members must be elected for three-year
terms and the other four   { - district - }  board members must
be elected for one-year terms.
  (4) Each   { - district - }  board member shall hold office
until election and qualification of a successor.
  (5) Each   { - district - }  board member elected shall take an
oath of office and shall hold office from July 1, next following
election.
  (6) The   { - district - }  board shall fill any vacancy on the
board as provided in ORS 198.320.
  (7) Except as otherwise provided in this section or in ORS
403.330, the term of a   { - district - }  board member is four
years.
  (8) The terms of the members first elected to a
 { - district - } board must be determined by lot.
  SECTION 30. ORS 403.330 is amended to read:
  403.330. (1) The question of increasing or decreasing the
membership of the   { - district - }  board  { + of a 9-1-1
communications district + } must be determined at a regular
district election. The
  { - district - }  board, by resolution, may order the question
to be submitted to the electors of the district. If a petition is
filed with the secretary of the board requesting that the
electors of the district be permitted to vote on the question,
the   { - district - } board shall order the question to be
submitted to the electors.  The requirements for preparing,
circulating and filing the petition are as provided for an
initiative petition in ORS 255.135 to 255.205. The board is
increased to seven members or decreased to five members if a
majority of the votes cast on the question favors the increase or
decrease. At an election to increase the membership, electors
shall vote for candidates to fill the additional positions.
  (2) When a district is situated entirely within one county, if
the electors approve the increase or decrease in board
membership, not later than the 30th day after the election, the

  { - district - }  board shall adjust and stagger the terms of
the board members as necessary in order to continue biennial
elections of board members in accordance with ORS 403.335. The
 { - district - }  board shall take into consideration and, as
much as possible, provide for the continued method of
representation adopted by the district under ORS 403.340.
  (3) When a district includes territory in more than one county,
not later than the 40th day before the regular district election
at which a question under this section will be submitted, the
district elections authority shall notify the Secretary of State.
If the electors favor the increase or decrease in board
membership, not later than the 30th day after the election, the
Secretary of State by rule shall adjust and stagger the terms of
the board members as necessary in order to continue biennial
elections of board members in accordance with ORS 403.335. The
Secretary of State shall take into consideration and, as much as
possible, provide for the continued method of representation
adopted by the district under ORS 403.340.
  SECTION 31. ORS 403.335 is amended to read:
  403.335. When a  { + 9-1-1 communications + } district expands
the membership of its   { - district - }  board from five to
seven members or reduces the membership of its board from seven
to five members:
  (1) If the board is reduced to five members, at least two
members must be elected at each regular district election.
  (2) If the board is expanded to seven members, at least three
members must be elected at each regular district election.
  SECTION 32. ORS 403.340 is amended to read:
  403.340. (1) The   { - district - }  board members  { + of a
9-1-1 communications district + } may be elected in one of the
following methods:
  (a) Elected by the electors of the district from zones as
nearly equal in population as possible according to the latest
federal census. Each elector of the district is entitled to vote
for candidates for election from all the zones in the district.
  (b) Elected by the electors of the district from zones as
nearly equal in population as possible according to the latest
federal census. Each elector of the district is entitled to vote
only for candidates for election from the zone in which the
elector resides.
  (c) Except for one   { - district - }  board member-at-large,
elected by the electors of the district from zones as nearly
equal in population as possible according to the latest federal
census. The
  { - district - }  board member-at-large must be elected from
the entire district. Each elector of the district is entitled to
vote for the
  { - district - }  board member-at-large and for candidates for
election from the zone in which the elector resides.
  (d) Elected at large by position number by the electors of the
district.
  (2) Candidates for election from zones must be nominated by
electors of the zones. Candidates for election at large must be
nominated by electors of the district.
  (3) Each candidate for election from a zone must be a resident
of that zone.
  SECTION 33. ORS 403.345 is amended to read:
  403.345. At   { - the regular district election - }  { +  a
regular election of a 9-1-1 communications district + },
successors to the board members whose terms expire must be
elected as follows:
  (1) In an unzoned district, if two board members are to be
elected, the candidates receiving the first and second highest
vote are elected. If three or four board members are to be
elected, the candidates receiving the first, second or third or
first, second, third and fourth highest vote are elected.
  (2) In a district that is zoned under ORS 403.340:
  (a) If a board member is to be elected by the electors of a
zone, the candidate who receives the highest vote from the zone
is elected.
  (b) If a board member is to be elected by the electors of the
entire district, the candidate receiving the highest vote among
the candidates nominated from the same zone is elected.
  SECTION 34. ORS 403.350 is amended to read:
  403.350. (1) The question of whether to change the method
adopted by   { - the - }   { + a 9-1-1 communications + }
district for nominating and electing board members must be
decided by election. The
  { - district - }  board:
  (a) May order the election on its own resolution; or
  (b) Shall order the election if a petition is filed as provided
in this section.
  (2) Except as otherwise provided in this section, the
requirements for preparing, circulating and filing a petition
under this section are as provided for an initiative petition in
ORS 255.135 to 255.205.
  (3) If the question proposes creation of zones or a change in
the boundaries of existing zones, the following requirements
apply:
  (a) The petition must contain a map indicating the proposed
zone boundaries. The map must be attached to the cover sheet of
the petition and may not exceed 14 inches by 17 inches in size.
  (b) Notwithstanding ORS 250.035, the statement summarizing the
measure and its major effect in the ballot title may not exceed
150 words. The statement:
  (A) Must specify the method of nomination and election of board
members from among the methods described in ORS 403.340.
  (B) Must include a general description of the proposed
boundaries of the zones, using streets and other generally
recognized features.
  (c)   { - The - }   { + An + } order calling the election must
contain a map of the proposed zone boundaries and a metes and
bounds or legal description of the proposed zone boundaries. The
map and description must be prepared by the county surveyor or
county assessor and must reflect any adjustments made in the
boundaries under subsection (6) of this section.
  (4) The map to be contained in the petition under subsection
(3) of this section must be prepared by the county surveyor or
county assessor. The chief petitioners shall pay the county for
the cost of preparing the map, as determined by the county
surveyor or county assessor. The county clerk may not accept the
prospective petition for filing until the chief petitioners have
paid the amount due.
  (5) Subsection (3) of this section does not apply if the
question proposes abolition of all zones.
  (6) Before submitting to election a question to which
subsection (3) of this section applies, the   { - district - }
board shall adjust the proposed boundaries of the zones to make
them as nearly equal in population as feasible according to the
latest federal census. The   { - district - }  board shall amend
the ballot title as necessary to reflect its adjustment of the
boundaries.
  (7) If the electors of the district approve the establishment
of zones or a change in the boundaries of existing zones, board
members shall continue to serve until their terms of office
expire. As vacancies occur, positions to be filled by nomination
or election by zone must be filled by persons who reside within
zones which are not represented on the board. If more than one
zone is not represented on the board when a vacancy occurs, the
zone entitled to elect a board member must be decided by lot.
  SECTION 35. ORS 403.355 is amended to read:

  403.355. A question of changing the method of nominating and
electing   { - district - }  board members  { + of a 9-1-1
communications district + } under ORS 403.350 and a question of
increasing or decreasing the number of   { - district - }  board
members under ORS 403.330 may be submitted to the electors of
 { - a - }   { + the + } district at the same regular district
election. However, the questions must be submitted to the
electors as separate questions.
  SECTION 36. ORS 403.360 is amended to read:
  403.360. A 9-1-1 communications district has the power:
  (1) To have and use a common seal.
  (2) To sue and be sued in its name.
  (3) To make and accept any and all contracts, deeds, leases,
releases and documents of any kind which, in the judgment of the
board, are necessary or proper to the exercise of any power of
the district, and to direct the payment of all lawful claims or
demands.
  (4) To assess, levy and collect taxes to pay:
  (a) The cost of acquiring sites for and constructing,
reconstructing, altering, operating and maintaining a   { - 9-1-1
emergency reporting system - }  { +  regional 9-1-1 center + };
  (b) A lawful claim against the district; and
  (c) The operating expenses of the district.
  (5) To employ all necessary agents and assistants.
  (6) To call elections after the formation of the district.
  (7) To enlarge the boundaries of the district { + , + } as
provided by ORS 198.705 to 198.955 { + , consistent with a plan
approved under section 4 of this 2013 Act for expansion of the
9-1-1 service area operated by the district + }.
  (8) To do and perform any and all acts necessary and proper to
the complete exercise and effect of any of its powers or the
purposes for which it was formed.
  SECTION 37. ORS 403.370 is amended to read:
  403.370. (1) Each year the   { - district - }  board  { + of a
9-1-1 communications district + } shall determine and fix the
amount of money to be levied and raised by taxation, for the
purposes of the district. The total amount of taxes levied in
each year under this section may not exceed one-tenth of one
percent (0.001) of the real market value of all taxable property
within the district computed in accordance with ORS 308.207.
  (2) Each year a district shall also assess, levy and collect a
special tax upon all property, real and personal, in an amount
sufficient to pay the yearly interest and principal due on any
outstanding general obligation bonds for the year.
  SECTION 38. ORS 403.375 is amended to read:
  403.375. (1) The board  { + of a 9-1-1 communications
district + } shall adjust zones established within   { - a - }
 { + the + } district as necessary to make them as nearly equal
in population as is feasible according to the latest federal
census. The board also shall adjust boundaries of zones as
necessary to reflect boundary changes of the district.
  (2) For purposes of ad valorem taxation, a boundary change must
be filed in final approved form with the county assessor and the
Department of Revenue as provided in ORS 308.225.
  SECTION 39. ORS 403.380 is amended to read:
  403.380. (1) A   { - district - }  board  { + of a 9-1-1
communications district + } shall appoint an advisory committee
to advise and assist the board in carrying out the purposes of
ORS 403.300 to 403.380.  An advisory committee consists of one
representative from each public or private safety agency included
within the district.  Members of the advisory committee must
reside within the district.
  (2) A member of an advisory committee shall serve for a term of
two years. Of the members first appointed, however, one-half of
the members shall serve for a term of one year. The respective

terms of the members must be determined by lot at the first
meeting of the advisory committee.
  (3) The advisory committee shall meet not less than four times
a year to review the policies and practices of the
  { - district - }  board. The advisory committee shall also meet
on the call of the   { - district - }  board. The advisory
committee may adopt rules for the conduct of its proceedings.
  (4) The advisory committee may propose changes to any of the
board's rules, policies or practices as it deems necessary or
desirable. In addition to its other functions and duties, the
advisory committee shall review the annual budget of the
district.  The advisory committee shall meet with the
 { - district - }  board and may make recommendations relating to
the budget that the committee considers necessary or prudent.

                               { +
CONFORMING AMENDMENTS + }

  SECTION 40. ORS 305.823 is amended to read:
  305.823. A county, city, district or other political
subdivision in this state may not levy or impose a tax on amounts
paid for exchange access  { + service + } or other telephone
services.
  SECTION 41. ORS 404.325 is amended to read:
  404.325. (1) As used in this section:
   { +  (a) '9-1-1 service area' has the meaning given that term
in ORS 403.105. + }
    { - (a) - }   { + (b) + } 'Electronic signaling device'
includes, but is not limited to:
  (A) Electronic signaling devices, as defined in ORS 404.300;
  (B) Emergency locator transmitters;
  (C) Emergency Position Indicator Radio Beacon devices; and
  (D) Wilderness personal locator beacons.
    { - (b)(A) - }  { +  (c)(A) + } 'Facility' includes:
  (i) Commercial and industrial facilities;
  (ii) Aircraft hangars, whether used for private, commercial or
industrial purposes; and
  (iii) Other facilities in which electronic signaling devices or
equipment containing electronic signaling devices are sold,
rented, serviced or repaired.
  (B) 'Facility' does not include a dwelling used only as a
private residence.
    { - (c) 'Public safety answering point' has the meaning given
that term in ORS 403.105. - }
    { - (d) '9-1-1 service area' has the meaning given that term
in ORS 403.105. - }
   { +  (d) 'Regional 9-1-1 authority' has the meaning given that
term in ORS 403.105. + }
  (2) The owner or operator of a facility in which an electronic
signaling device is located shall conspicuously post an emergency
contact telephone number of an individual who is able to assist
emergency response personnel with locating and silencing the
device.
  (3) Subsection (2) of this section does not apply to the owner
or operator of a facility for which the owner or operator has
provided a contact number to the   { - public safety answering
point - }   { + regional 9-1-1 authority + } that is responsible
for the 9-1-1 service area in which the facility is located.
  SECTION 42. ORS 451.010 is amended to read:
  451.010. (1) Master plans and service districts may be
established as provided by this chapter regarding:
  (a) Sewage works, including all facilities necessary for
collecting, pumping, treating and disposing of sanitary or storm
sewage.
  (b) Drainage works, including all facilities necessary for
collecting, pumping and disposing of storm and surface water.
  (c) Street lighting works, including all facilities necessary
for the lighting of streets and highways.
  (d) Public parks and recreation facilities, including land,
structures, equipment, supplies and personnel necessary to
acquire, develop and maintain such public park and recreation
facilities and to administer a program of supervised recreation
services.
  (e) Diking and flood control works, including all facilities
necessary for diking and control of watercourses.
  (f) Water supply works and service, including all facilities
necessary for tapping natural sources of domestic and industrial
water, treating and protecting the quality of the water and
transmitting it to the point of sale to any person, city,
domestic water supply corporation or other public or private
agency for domestic, municipal and industrial water supply
service.
  (g) Solid waste disposal. This paragraph does not apply in
Clackamas, Multnomah and Washington Counties.
  (h) Public transportation, including public depots, public
parking and the motor vehicles and other equipment necessary for
the transportation of persons together with their personal
property.
  (i) Agricultural educational extension services.
  (j) Emergency medical services, including ambulance services.
  (k) Library services.
  (L) Roads.
    { - (m) Emergency communications services, including a 9-1-1
emergency reporting system established under ORS 403.115. - }
    { - (n) - }   { + (m) + } Law enforcement services.
    { - (o) - }   { + (n) + } Human services.
    { - (p) - }   { + (o) + } Cemetery maintenance.
    { - (q) - }   { + (p) + } Animal control.
  (2) Within the geographical jurisdiction of any local
government boundary commission established by or pursuant to ORS
199.410 to 199.519, in addition to the purposes described in
subsection (1) of this section, master plans and service
districts may be established as provided by this chapter
regarding:
  (a) Fire prevention and protection.
  (b) Hospital and ambulance services.
  (c) Vector control.
  (d) Weather modification.
  (3) Within the boundaries of any subdivision, service districts
may be established as provided by this chapter regarding:
  (a) Fire prevention and protection.
  (b) Security services provided by contract with an association
of homeowners whose property is located entirely within the
boundaries of the service district, which services may include
the enforcement of the rules or regulations of the association
dealing with public access to or the use of the property of the
association, routine patrolling and inspection of private areas
located within the jurisdiction of the association and matters of
traffic and safety within such areas.
  (c) Law enforcement services.
  (d) Hospital and ambulance services.
  (e) Vector control.
  (f) Activities set forth in subsection (1)(a), (f), (g)
 { - , - }  { +  and + } (j)   { - and (m) - }  of this section.
  (4) As used in subsection (3) of this section, ' subdivision'
means a subdivision as defined by ORS 92.010 or any contiguous
group of such subdivisions that:
  (a) Is a planned community within the meaning of ORS 94.550
without regard to whether such subdivision or group of
subdivisions is subject to ORS 94.550 to 94.783;
  (b) Is located entirely within an unincorporated area and is
everywhere separated by a distance of five miles or more from an
urban growth boundary described in an acknowledged comprehensive
plan of a city or the urban growth boundary adopted by a
metropolitan service district under ORS 268.390 (3); and
  (c) Prior to the establishment of a service district under
subsection (3) of this section, is designated a subdivision for
purposes of this subsection by the governing body of the county
in which the subdivision or group of subdivisions is located.
  (5) Within the boundaries of Washington County, master plans
and service districts may be established as provided by this
chapter regarding water resource management services that affect
the quality and quantity of water within a single watershed,
basin or planning area. As used in this subsection, 'water
resource management services' means:
  (a) Planning for and provision of two or more services or
facilities such as sewage works, drainage works, surface water
management, endangered species recovery management, water quality
management, diking and flood control works, river flow
management, water supply works, wastewater reuse and irrigation
facilities.
  (b) Activities ancillary to the services and facilities listed
in paragraph (a) of this subsection, including facilities for the
production, sale or purchase of energy when such facilities are
integrated in a master plan adopted under ORS 451.120.

                               { +
ABOLISH AND TRANSFER + }

  SECTION 43.  { + On the operative date of section 3 of this
2013 Act:
  (1) The authority of an entity to serve as a 9-1-1 jurisdiction
pursuant to ORS 403.105 to 403.250 is terminated.
  (2) The duties, functions and powers of a 9-1-1 jurisdiction
described in subsection (1) of this section that relate to the
9-1-1 emergency reporting system, as defined in ORS 403.105
before the operative date of section 3 of this 2013 Act, are
imposed upon, transferred to and vested in regional 9-1-1
authorities in a manner that is consistent, as determined by the
Office of Emergency Management, with the plan approved by the
office under section 5 of this 2013 Act. + }

                               { +
RECORDS, PROPERTY, EMPLOYEES + }

  SECTION 44.  { + (1) On a schedule adopted by the Office of
Emergency Management, the governing body or director of a 9-1-1
jurisdiction subject to section 43 of this 2013 Act shall:
  (a) Deliver to the office or, under the direction of the
office, deliver to a regional 9-1-1 authority all records and
property within the jurisdiction of the 9-1-1 jurisdiction that
relate to the duties, functions and powers transferred by section
43 of this 2013 Act; and
  (b) Transfer, under the direction of the office, to a regional
9-1-1 authority at the direction of the office, those employees
engaged primarily in the exercise of the duties, functions and
powers transferred by section 43 of this 2013 Act.
  (2) On a schedule adopted by the office, the office or, under
the direction of the office, a regional 9-1-1 authority shall:
  (a) Take possession of the records and property; and
  (b) Take charge of the employees and employ them in the
exercise of the duties, functions and powers transferred by
section 43 of this 2013 Act, without reduction of compensation
but subject to change or termination of employment or
compensation as provided by law.
  (3) The office shall ensure that records or property delivered
to the office under this section are used to further duties and
functions related to the 9-1-1 emergency reporting system.
  (4) The Governor shall resolve any dispute between the office
and a 9-1-1 jurisdiction or a regional 9-1-1 authority relating
to transfers of records, property and employees under this
section, and the Governor's decision is final. + }

                               { +
UNEXPENDED REVENUES + }

  SECTION 45.  { + The unexpended balances of amounts received by
a city, county or other 9-1-1 jurisdiction from the Emergency
Communications Account established in ORS 403.235, for the
biennium beginning July 1, 2013, for the purpose of administering
and enforcing the duties, functions and powers transferred by
section 43 of this 2013 Act are to be returned to the Office of
Emergency Management for deposit in the account. + }

                               { +
ACTION, PROCEEDING, PROSECUTION + }

  SECTION 46.  { + The transfer of duties, functions and powers
related to the 9-1-1 emergency reporting system by section 43 of
this 2013 Act does not affect any action, proceeding or
prosecution involving or with respect to the duties, functions
and powers begun before and pending at the time of the transfer,
except that the appropriate regional 9-1-1 authority, as
determined by the Office of Emergency Management consistent with
the plan approved under section 5 of this 2013 Act, is
substituted for the 9-1-1 jurisdiction in the action, proceeding
or prosecution. + }

                               { +
LIABILITY, DUTY, OBLIGATION + }

  SECTION 47.  { + (1) Sections 2 to 13, 15 and 16 of this 2013
Act, the amendments to ORS 305.823, 403.105, 403.200, 403.205,
403.220, 403.225, 403.230, 403.235, 403.240, 403.245, 403.300,
403.305, 403.310, 403.315, 403.320, 403.325, 403.330, 403.335,
403.340, 403.345, 403.350, 403.355, 403.360, 403.370, 403.375,
403.380, 404.325 and 451.010 by sections 1, 14 and 17 to 42 of
this 2013 Act and the repeal of ORS 403.110, 403.115, 403.120,
403.130, 403.135, 403.140, 403.145, 403.150, 403.155, 403.156,
403.160, 403.165, 403.210, 403.215, 403.250, 451.605 and 451.610
by section 52 of this 2013 Act do not relieve a person of a
liability, duty or obligation accruing under or with respect to
the duties, functions and powers transferred by section 43 of
this 2013 Act.
  (2) On or after the operative date of section 3 of this 2013
Act, the Office of Emergency Management may undertake the
collection or enforcement of the liability, duty or obligation
for the benefit of the 9-1-1 emergency reporting system or may
cause the appropriate regional 9-1-1 authority to undertake the
collection or enforcement of the liability, duty or obligation.
  (3) The rights and obligations of the 9-1-1 jurisdictions
related to the 9-1-1 emergency reporting system legally incurred
under contracts, leases and business transactions executed,
entered into or begun before the operative date of section 3 of
this 2013 Act are transferred to the appropriate regional 9-1-1
authority as determined by the office consistent with the plan
approved under section 5 of this 2013 Act. For the purpose of
succession to these rights and obligations, the appropriate
regional 9-1-1 authority is a continuation of the 9-1-1
jurisdiction and not a new authority. + }

                               { +
REGIONAL IMPLEMENTATION + }

  SECTION 48.  { + (1) The Office of Emergency Management shall
take action under sections 43 to 47 of this 2013 Act that is
necessary or appropriate to establish and implement the 9-1-1
emergency reporting system by the operative date of section 3 of
this 2013 Act.
  (2) The governing body or director of a regional 9-1-1
authority established pursuant to a plan approved under section 5
of this 2013 Act may be elected, appointed or selected, as
appropriate, before the operative date of section 3 of this 2013
Act and may take any action before that date that is necessary to
enable the regional 9-1-1 authority to exercise, on and after the
operative date of section 3 of this 2013 Act, the duties,
functions and powers of the regional 9-1-1 authority transferred
by section 43 of this 2013 Act. + }

                               { +
AGENCY NAME CHANGE + }

  SECTION 49.  { + For the purpose of harmonizing and clarifying
statutory law, the Legislative Counsel may substitute for words
designating a 9-1-1 jurisdiction or its officers, wherever they
occur in statutory law, words designating a regional 9-1-1
authority or its officers. + }

                               { +
OPERATIVE DATE + }

  SECTION 50.  { + Except as otherwise specifically provided in
section 48 of this 2013 Act, sections 2 to 4, 7 to 13, 15 and 16
of this 2013 Act, the amendments to ORS 305.823, 403.105,
403.200, 403.205, 403.220, 403.225, 403.230, 403.235, 403.240,
403.245, 403.300, 403.305, 403.310, 403.315, 403.320, 403.325,
403.330, 403.335, 403.340, 403.345, 403.350, 403.355, 403.360,
403.370, 403.375, 403.380, 404.325 and 451.010 by sections 1, 14
and 17 to 42 of this 2013 Act and the repeal of ORS 403.110,
403.115, 403.120, 403.130, 403.135, 403.140, 403.145, 403.150,
403.155, 403.156, 403.160, 403.165, 403.210, 403.215, 403.250,
451.605 and 451.610 by section 52 of this 2013 Act become
operative July 1, 2015. + }

                               { +
UNIT CAPTIONS + }

  SECTION 51.  { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }

                               { +
REPEALS + }

  SECTION 52.  { + ORS 403.110, 403.115, 403.120, 403.130,
403.135, 403.140, 403.145, 403.150, 403.155, 403.156, 403.160,
403.165, 403.210, 403.215, 403.250, 451.605 and 451.610 are
repealed. + }
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