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F I S C A L I M P A C T R E P O R T

SPONSOR Rodriguez

DATE TYPED 2/21/05

HB

SHORT TITLE Law Enforcement Telecommunication Services

SB 874

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Energy, Minerals and Natural Resources Department (EMNRD)

Department of Public Safety (DPS)

Public Regulation Commission (PRC)

No Responses

Municipal League

Association of Counties

SUMMARY

Synopsis of Bill

Senate Bill 874 creates a new section to the Cramming and Slamming Act that prohibits tele-

communication providers from charging connection fees directly to the Department of Public

Safety and the General Services Department for accessing the national crime information center

or other similar statewide, regional or national crime or criminal information systems. The pro-

posed legislation would require that telecommunication providers assess connection charges di-

rectly to the appropriated law enforcement agencies.

PERFORMANCE IMPLICATIONS

EMNRD states visitor safety is a key performance measure for the State Parks Division. Visitor

safety can depend on the State Parks Division having quick and reliable access to the National

Crime Information Center and other criminal information systems. This is so the State Parks Di-

vision law enforcement officers know with whom they are dealing or confronting. State Parks

employees 90 law enforcement officers stationed throughout the state and all personnel as poten-

tial users at any time.

Senate Bill 874 -- Page 2

FISCAL IMPLICATIONS

DPS reports they are not funded for remote end circuits to law enforcement agencies. DPS states

they also are not funded for any upgrades that the law enforcement agencies choose to imple-

ment. If an agency wants to upgrade a circuit, the cost to DPS increases from $.79 per month up

to $52.40 per month. If all the law enforcement agencies upgraded to the highest circuit type,

DPS’s core end cost could exceed $90,000 a year.

EMNRD reports there could be a potential negative impact on the State Parks Division. The

State Parks Division currently utilizes telecommunication services from local providers that per-

mit Division to access the National Crime Information Center and other criminal information

systems. EMRD reports it is not known what the costs for these services would be. EMNRD

states they would not be billed directly for connections if this legislation passed. EMNRD re-

ports any negative fiscal impact to the State Parks Division would be realized if local dispatch

service providers would pass on the cost of connection services.

ADMINISTRATIVE IMPLICATIONS

DPS states they are not able to charge back costs incurred on behalf of the law enforcement

agencies. The reconciliation of bills and accounts was an 18 month process for several agency

employees. DPS reports they continue to receive requests for connectivity from the various law

enforcement agencies, and although the law enforcement agencies may have already fiscally in-

vested in enhancements to their circuits we cannot proceed without sufficient budget.

OTHER SUBSTANTIVE ISSUES

DPS states the proposed legislation is designed to correct a telecommunication billing issue that

has impacted the Department’s operational budget for the last four years. In 2001, the Legisla-

ture prohibited DPS from paying for the circuits of local law enforcement agencies to connect to

DPS for the purpose of conducting National Crime Information Center background checks. The

legislature intended that the local law enforcement agencies and other qualified entities should

pay for their connections directly to the telecommunication companies. QWEST maintains they

cannot break out costs to the local law enforcement agencies and other entities.

ALTERNATIVES

DPS suggests the following possible alternatives: legislation allowing DPS to bill and be reim-

bursed for expenses incurred by providing a circuit; fund DPS or the law enforcement agencies

to provide funding to cover the circuits to all law enforcement agencies; or work with General

Services Department to bill the law enforcement agencies for the costs associated with connec-

tivity to DPS.

RLP/lg