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O'Rielly in Trenton

New Jersey Gov. Murphy Urged to End 911 Fee Diversion

TRENTON -- New Jersey Gov. Phil Murphy (D) should end state 911 fee diversion that keeps local 911 agencies from receiving any money, said FCC Commissioner Mike O’Rielly and New Jersey county and wireless officials at a Thursday news conference. With lawmakers in the thick of budget season, “they may not see the light yet,” O’Rielly said in an interview later. The FCC in February identified the state as the nation’s biggest diverter, saying it used about 89 percent ($108.1 million) of the revenue for other purposes in 2016.

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O’Rielly wants to give Murphy “a little time to settle into the job, but we’re likely to turn our attention to [Murphy] very quickly,” the commissioner told us. Murphy took office in January, and the fee shifting took place in previous administrations of both parties. Current budget talks may be an opportunity to end the practice, and there could be some interim steps, but it doesn’t look like the state will go all the way, O’Rielly said.

Murphy campaigned on technology improving New Jersey, and there’s no more important technology to upgrade than the state 911 system, said New Jersey Wireless Association President Rob Ivanoff. Murphy last year told an NJAC conference that he would end diversion but has yet to follow up, Ivanoff said. The governor didn't comment.

New Jersey doesn’t need to pass a constitutional amendment, a legislative procedure that some state legislators suggested would be required to end diversion (see 1804050042), said county and state wireless officials. But 911 advocates would support a constitutional amendment to restrict such funds, said New Jersey Association of Counties Executive Director John Donnadio. As a first step this year, lawmakers should edit pending legislation to apply 911 fees to prepaid services by dedicating that new revenue to 911, he said. The pending budget wouldn’t end the practice, he said.

The state must “change our conscience,” said Camden County Freeholder Johnathan Young. Counties aren’t asking for more money, just what they should already be receiving, and the funding is critical for upgrading to next-generation 911, he said. State lawmakers know there’s a problem, but no one is taking action, said Monmouth County Sheriff Shaun Golden. It’s a public safety, not political issue, he said.

Pending state legislation to apply the fee to prepaid services only will expand the pot from which New Jersey steals, O’Rielly said. New Jersey sometimes defends diversion by saying money still goes to public safety generally, but all the money should go solely to 911, he said. “Diversion is diversion by any means, even if some believe it goes to meritorious purposes.” Continuing the practice will disqualify New Jersey from accessing federal money for NG-911, he said.

Sadly, it looks like we’re looking at next year” to end Rhode Island diversion, O’Rielly told us. It's another big money mover but is renaming rather than restricting the fund (see 1806150032). O’Rielly tweeted last week he's disappointed in Gov. Gina Raimondo (D) calling O’Rielly’s efforts playing politics. “She took the letter as accusatory rather than an opportunity,” O’Rielly said Thursday. “I was pleading with her to involve herself in the process.” Ending 911 fee diversion has bipartisan support on the FCC because it’s about public safety, he said.

O’Rielly hinted at progress in New York, another large diverter: “You’re going to see some new developments in New York relatively quickly, or at least on the federal level, both at the FCC and in Congress.” O’Rielly said he had a good visit with U.S. Rep. Chris Collins (D) in Niagara County in April. O’Rielly, who sent another letter to Guam this week (see 1806200052), also plans to keep up pressure on U.S. territories diverting funds, he said.