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Rhode Island Governor Backs Bill to End 911 Fee Diversion, After O'Rielly Visit

Rhode Island Gov. Gina Raimondo (D) welcomed legislation to end state 911 fee diversion -- after condemnations of the practice by FCC Commissioner Mike O’Rielly as well as a state representative and a mayor challenging Raimondo in this November’s election. The Republicans spoke Monday against the practice at a 911 summit (video) hosted by state Rep. Robert Lancia (R) in Cranston. Raimondo staff met with O’Rielly during a visit to a Providence call center.

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Stopping 911 fee diversion “requires a lot of effort and a lot of work, but I think well-meaning people can find a solution,” O’Rielly said in a Tuesday interview. “It does require an examination of budget priorities, but it should be higher on the priority list for states, and hopefully, we’re going to get there.” The FCC should define what may be funded by state 911 funds and use its truth-in-billing oversight to restrict providers from collecting from consumers and remitting to the state any money beyond what’s needed for the local public safety answering point to operate, he said. “That way, you’re not impacting … those in emergency need, but you’re getting to the overages issue.” It would reduce burden to carriers in the middle, he said.

Awareness of Rhode Island 911 fee diversion “blew up in the last two weeks” after our report (see 1802230012) spurred O’Rielly to attend the summit, said Lancia in an interview: National attention “changed everything.” Lancia said to expect a House Finance Committee hearing soon on his HB-7289 to end the diversion. Rhode Island diverted 60 percent ($8.4 million) of 911 fee revenue to its general fund in 2016, an FCC report said in February.

O’Rielly and aide Brooke Ericson met Monday with staff for Raimondo, state police and the state E-911 program, the governor’s office said. “If the Rhode Island General Assembly were to consider reforms, including action to reinstate a restricted account for E911 and proposals to allow for E911 funds to be shared with local communities, such reforms would be welcome.” Raimondo staff also “provided historical context about E911's funding practices, including information about legislative action taken in 2000 to eliminate a dedicated funding account for E911,” the governor’s office said. “That legislative action established a practice of allocating 911 telecommunications fees to the Rhode Island General Fund and to the state information technology fund.”

O’Rielly described a “very positive visit." The meeting with Raimondo staff took 10-15 minutes, with the governor’s representatives indicating Raimondo “is very receptive to changing the practices and coming off the diverter list,” he said. “That’s good news … and we’re going to be following up with them pretty soon.” The commissioner wants more details from the governor, but “it’s the right direction.”

Six states and territories that didn’t report how they spent state 911 fee revenue in 2016 still haven’t replied to O’Rielly’s letter last month asking why, the commissioner said. Oklahoma is the only state to reply (see 1803160048) and O’Rielly plans to follow up with the others, he said. He’s contacting states identified as diverters in the FCC report. O’Rielly spoke by phone Friday with West Virginia officials, he said.

‘Appalling Practice’

About 100 people “packed” the 911 summit at Cranston Central Library, said Lancia. Besides O’Rielly, attendees included Cranston Mayor Allan Fung (R), multiple state representatives and senators, members of the Rhode Island Medical Society and police and fire associations, first responders and the public, Lancia said. One state legislator there, Rep. Ken Marshall (D), is a “trusted” colleague of House Speaker Nicholas Mattiello (D) and vice-chairman of the Finance Committee where the 911 bill is pending, the Lancia said.

It is unfortunate that we must be here in the first place to discuss the appalling practice by certain states to divert critical 911 fees for tangential or totally unrelated purposes,” O’Rielly said in prepared remarks. “With a state budget of $9.3 billion, why is it necessary to divert a rather small amount -- between $8 to $10 million -- dedicated for public safety call centers and the 911 system to other spending priorities?” O’Rielly said he rejected arguments from Rhode Island officials that diversion is OK if “enough funds” still go to 911 calling centers and the network. “Beyond the enormous deception being perpetrated, it’s highly likely that the public safety systems are not receiving the funding that they need to operate or migrate to next-generation, or NG911, systems.”

Misuse of 911 fees could become a campaign issue for Fung, who’s running against Raimondo in November, said Lancia. “This is really about financial management and executive management.” Fung slammed Raimondo at Monday’s event as he condemned 911 fee diversion: “What has been happening with our hard-earned dollars is just plain wrong.”

Lancia was dismayed to find the Providence 911 center short by 10 employees, he said. It has state approval to fill those vacancies, but even then, it will take four to six months to train new staffers, Lancia said. Call takers face pay and morale issues, and training standards should be improved, he said.

Raimondo earlier directed all state E911 telecom vacancies to be filled, with five people hired so far, and the governor’s FY 2019 budget proposed the legislature add two more positions, her office said. Rhode Island E-911 response is faster than national standards set by the National Emergency Number Association, the office said. The state plans to launch NG-911 later this year, it said.