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<br />Commission Minutes-September 2, 2008 3415 <br /> <br />WHEREAS, the North Dakota Legislature has authorized local governments to levy 911 <br />fees on land and wireless phone lines in North Dakota and; <br /> <br />WHEREAS, the citizens of Cass County have voted to authorize the collection of the 911 <br />fee on phone lines in Cass County and; <br /> <br />WHEREAS, the governing boards of the Cities of Fargo and West Fargo have adopted <br />ordinances that establish a 911 fee on phone lines within those cities and; <br /> <br />WHEREAS, North Dakota Century Code 57-40.6-05 restricts the fees generated by 911 <br />".. .solely for implementing, maintaining, or operating the emergency services <br />communication system..." and; <br /> <br />WHEREAS, North Dakota Century Code 57-40.6-01 defines an emergency services <br />communication system as "Emergency services communication system" which <br />means a statewide, countywide, or citywide radio system, land lines <br />communication network, wireless service network, or enhanced 911 (E911) <br />telephone system, which provides rapid public access for coordinated <br />dispatching of services, personnel, equipment, and facilities for law <br />enforcement, fire, medical, or other emergency services." and; <br /> <br />WHEREAS, the Sixtieth Legislative Assembly of North Dakota amended North Dakota <br />Century Code 57-40.6-10 to "ensure that fee proceeds collected under this <br />chapter are expended in accordance with guidelines develop pursuant to <br />section 57-40.6-12 and implement an accounting system sufficient to meet the <br />requirements of section 57-40.6-05." and; <br /> <br />WHEREAS, the Sixtieth Legislative Assembly of North Dakota amended North Dakota <br />Century Code 57-40.6-12 to create, define membership, and establish duties <br />of the Emergency Services Communications Coordinating (ESCC) Committee <br />and; <br /> <br />WHEREAS, the ESCC Committee was charged with the duty under NDCC 57-40.6-12 to <br />"Develop guidelines regarding the allowable uses of the fee revenue collected <br />under this chapter;" and; <br /> <br />WHEREAS, the ESCC Committee recognized that "Every Public Safety Answering Point <br />(PSAP) has call-takers available for emergencies 24 hours per day 365 days <br />per year, regardless of how many calls are received or what portion of their <br />duties involve communications initiated by a 911 call. For these reasons, the <br />guidelines encompass a fairly broad understanding of emergency <br />communications." and; <br /> <br />WHEREAS, the ESCC Committee did recognize that in some locations additional duties <br />not related to emergency communications are done by the dispatch personnel <br />and that the appropriate percentage of time that is spent on non-emergency <br />communications duties be paid from funds other than 911 generated funds <br />and; <br />