PRINTER'S NO. 1308
No. 1152 Session of 1997
INTRODUCED BY VAN HORNE, PESCI, PETRARCA, MELIO, GEIST, MARKOSEK, ITKIN, BELARDI, TRAVAGLIO, E. Z. TAYLOR, HALUSKA, TANGRETTI, WALKO, SHANER, YOUNGBLOOD, STEELMAN AND BELFANTI, APRIL 3, 1997
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, APRIL 3, 1997
AN ACT 1 Amending the act of July 9, 1990 (P.L.340, No.78), entitled "An 2 act providing for a Statewide emergency telephone number 911 3 system; providing for contributions from telephone 4 subscribers; providing a penalty; and making a repeal," 5 further providing for a 911 emergency communication system, 6 for use of contribution fees and for training of dispatchers; 7 establishing the Advisory Council on 911 and providing for 8 its powers and duties; and making editorial changes. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. The definitions of "contribution rate," "county 12 plan" and "department" in section 2 of the act of July 9, 1990 13 (P.L.340, No.78), known as the Public Safety Emergency Telephone 14 Act, are amended and the section is amended by adding 15 definitions to read: 16 Section 2. Definitions. 17 The following words and phrases when used in this act shall 18 have the meanings given to them in this section unless the 19 context clearly indicates otherwise:
1 * * * 2 "Advisory council." The Advisory Council on 911 established 3 under section 10.5. 4 * * * 5 "ALI." Automatic Location Identification. 6 * * * 7 "Contribution rate." A fee assessed against a telephone 8 subscriber for the nonrecurring costs, maintenance and operating 9 costs of a 911 system. Counties of the first through second 10 class A may impose a monthly contribution rate in an amount not 11 to exceed $1 per line on each local exchange access line. 12 Counties of the third through fifth class may impose monthly 13 contribution rates in an amount not to exceed $1.25 per line on 14 each local exchange access line. Counties of the sixth through 15 eighth class may impose a monthly contribution rate in an amount 16 not to exceed $1.50 per line on each local exchange access line. 17 The contribution rate may be used by counties for the expenses 18 of implementing, expanding or upgrading a 911 system. Expenses 19 eligible for reimbursement through the contribution rate shall 20 include telephone terminal equipment, trunk line service 21 installation, network changes, building of initial data base and 22 any other nonrecurring costs to establish a 911 system. The 23 contribution rate may also be used to fund recurring costs 24 pursuant to section 8(b). Expenses not eligible for 25 reimbursement through the contribution rate shall include 26 purchase of real estate, cosmetic remodeling, central office 27 upgrades, hiring [and training] of dispatchers, mobile 28 communications equipment, ambulances, fire engines or other 29 emergency vehicles, utilities, taxes and other expenses as 30 determined by the [Department of Community Affairs] agency. 19970H1152B1308 - 2 -
1 * * * 2 "County plan." A document submitted by the county to the 3 [department] agency, outlining its proposed 911 system, 4 including a contribution rate. 5 ["Department." The Department of Community Affairs of the 6 Commonwealth.] 7 * * * 8 "Municipality." A city, borough, town or township. 9 * * * 10 "Response agency." Any emergency services agency, including, 11 but not limited to, police, fire, ambulance or emergency medical 12 services. 13 * * * 14 Section 2. Sections 3, 4, 5, 7(a) and 8 of the act are 15 amended to read: 16 Section 3. Telecommunications management. 17 (a) Powers and duties of [department] agency.--The 18 [department] agency shall have the following powers and duties: 19 (1) To adopt rules and regulations pursuant to this act: 20 Provided, That the [department] agency shall have the power 21 and authority to promulgate, adopt, publish and use 22 guidelines for the implementation of this act for a period of 23 one year immediately following the effective date of this 24 section pending adoption of final rules and regulations. 25 Guidelines proposed under the authority of this section shall 26 be subject to review by the General Counsel and the Attorney 27 General in the manner provided for the review of proposed 28 rules and regulations pursuant to the act of October 15, 1980 29 (P.L.950, No.164), known as the Commonwealth Attorneys Act, 30 but shall not be subject to review pursuant to the act of 19970H1152B1308 - 3 -
1 June 25, 1982 (P.L.633, No.181), known as the Regulatory 2 Review Act. 3 (2) To establish guidelines and application procedures 4 for the establishment of contribution rates. 5 (3) To receive, review and approve or disapprove all 911 6 system county plans. 7 (4) To forward a copy of each county plan application to 8 the council and the commission for their review as required 9 by this act. 10 (5) To submit an annual report, not later than January 1 11 of each year, to the Governor and the General Assembly and 12 include at least the following: 13 (i) The extent to which 911 systems currently exist 14 in Pennsylvania. 15 (ii) Those counties which completed installation, 16 and costs and expenses for installation. 17 (iii) An anticipated schedule for installing a 911 18 system on a county basis for that year. 19 (6) To create the position of 911 Director within the 20 agency. The 911 Director shall only be responsible for 21 assisting counties in carrying out the provisions of this 22 act. 23 (b) Powers and duties of the council.--The council shall 24 have the following powers and duties: 25 (1) To establish technical standards for all county 26 plans. 27 (2) To review all county plans, including the initial 28 application forwarded by the [department] agency for 29 conformity to the technical standards. 30 (3) To review county plans to determine if equipment 19970H1152B1308 - 4 -
1 conforms to the technical standards. 2 (4) To recommend approval of plans or indicate 3 deficiencies in plans to the [department] agency. 4 (c) Powers and duties of the commission.--The commission 5 shall have the following powers and duties: 6 (1) Review the contribution rate requested by the county 7 based on the costs of the plan. 8 (2) Approve or modify the contribution rate requested by 9 the county and forward its decision to the [department] 10 agency. 11 Section 4. Counties. 12 (a) Powers and duties.--The board of county commissioners, 13 or, in a home rule county, the appropriate body according to the 14 home rule charter, shall have the following powers and duties in 15 relation to a 911 system: 16 (1) To designate a member of county government as a 17 coordinator who shall serve as a point of contact with the 18 [department] agency and shall develop a county plan for the 19 implementation, operation and maintenance of a 911 system. 20 Where technologically feasible, the county plan shall be 21 adequate to provide service for the entire county. 22 (2) To make arrangements with each telephone company 23 providing local exchange telephone service within the 24 county's jurisdiction to provide 911 service. 25 (3) To send a copy of the proposed county plan to the 26 appropriate telephone company upon submission of the plan to 27 the [department] agency. 28 (4) To cooperate with the [department] agency, the 29 council and the commission in preparation and submission of 30 the county plan and contribution rate. 19970H1152B1308 - 5 -
1 (5) To execute all contracts, mutual aid agreements,
2 cross-service agreements and all other necessary documents
3 which may be required in the implementation of the county
4 plan.
5 (b) Persons outside the county.--When an individual
6 physically resides in an adjacent county, but receives local
7 exchange telephone service from a central office in a county
8 which provides 911 service, it shall be the responsibility of
9 the county with the 911 service to notify the appropriate public
10 agency of a request for emergency service from such an
11 individual.
12 (c) Cities of the second class, second class A and third
13 class.--Any city of the second class, second class A or third
14 class that has established a 911 system prior to the effective
15 date of this act may exercise the powers and duties of counties
16 under this act. Any city of the second class, second class A or
17 third class that has not established a 911 system prior to the
18 effective date of this act may exercise the powers and duties of
19 counties under this act only when the county has chosen not to
20 exercise those powers and duties. The powers and duties granted
21 to cities under this section shall be applicable and may be
22 exercised only within the boundaries of the city. No action by a
23 city pursuant to this section shall preempt the powers and
24 duties of a county to establish a 911 system outside the
25 boundaries of the city at any time. The [department] agency may
26 establish regulations governing the exercise of powers and
27 duties granted to cities of the second class, second class A and
28 third class by this section.
29 Section 5. County plan.
30 (a) Minimum standards.--Upon the agreement of the governing
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1 authority of a county to establish a 911 system, a plan shall be 2 drafted meeting at least the minimum technical standards 3 promulgated by the council. The county may obtain technical 4 assistance from the council in formulating its plan. Each 911 5 plan shall be designed to meet the individual circumstances of 6 each community and the public agencies participating in the 911 7 system. 8 (b) Completion.--Upon completion of the plan, it shall be 9 forwarded to the [department] agency, with a copy of the plan 10 being sent to those telephone companies affected by the plan. 11 (c) [Department] Agency review.--The [department] agency 12 shall initially review the county plan for completeness. The 13 [department] agency shall forward a copy of the county plan and 14 the proposed contribution rate to the council and the commission 15 for review as required by this section. After the county plan 16 has been reviewed by the council and the commission, the 17 [department] agency shall approve or reject a county plan based 18 on the recommendations of the council and the commission. If the 19 county plan is rejected, the [department] agency shall return 20 the county plan and explain the deficiencies that caused the 21 rejection. 22 (d) Council review.--The council shall have 60 days to 23 review the plan and make suggested revisions of the plan. The 24 council shall submit its findings in writing to the [department] 25 agency. The [Pennsylvania Emergency Management Agency] agency 26 may act as agent for the council in the administration of the 27 plan approval process. 28 (e) Commission review.-- The commission shall review the 29 county plan only in relation to the contribution rate and may 30 modify only those contribution rates which it finds excessive to 19970H1152B1308 - 7 -
1 meet the costs stated in the plan. The rates shall be reviewed 2 and a decision forwarded to the [department] agency within 60 3 days of the date of submission. If the commission fails to 4 review the contribution rate within 60 days, the contribution 5 rate will be deemed approved by the commission. 6 (f) Present systems.--Those counties that presently have 911 7 systems may establish a contribution rate to cover nonrecurring 8 and operating costs of an existing 911 system by using the same 9 contribution rate approval mechanism as a new 911 system for the 10 purposes of this act. A county which does not have a 911 system 11 in operation on the effective date of this act but which awarded 12 a contract for such a system prior to the effective date of this 13 act shall be considered to have a present system. 14 (g) Regional systems.--Nothing in this act shall be 15 construed to prohibit the formation of multijurisdictional or 16 regional 911 systems, and any system established under this act 17 may include the territory of a county. 18 (h) Contribution rate changes.--Once a plan and contribution 19 rate has been established, the contribution rate shall remain 20 fixed for a period of at least three years. Updating and 21 expanding the present system shall require an amended plan to be 22 filed with the [department] agency. The contribution rate shall 23 remain fixed for three years even if the present system is 24 updated and expanded. Requests for contribution rate changes 25 shall be submitted to the [department] agency to be forwarded to 26 the commission for approval as provided by subsection (e). 27 Contribution rate increases shall not be permitted more often 28 than every three years and shall not take effect unless approved 29 by the commission. 30 (i) Assessment.--The moneys collected from the telephone 19970H1152B1308 - 8 -
1 contribution rate shall be utilized for payments of nonrecurring 2 and recurring costs of a 911 system. The contribution rate may 3 be imposed at any time subsequent to the execution of a contract 4 with the provider of a 911 service at the discretion of the 5 governing body and pursuant to approval of the county plan and 6 contribution rate under the provisions of this section. The 7 money collected from the contribution rate is a county fee 8 collected by the telephone company; the money is not subject to 9 taxes or charges levied on or by the telephone company. The 10 money collected from the contribution rate shall not be 11 considered revenue of the telephone company for any purpose. 12 Section 7. Collection and disbursement of contribution. 13 (a) Subscribers' contribution.--Each service supplier 14 providing local exchange telephone service within the county 15 shall collect the contribution from each subscriber and forward 16 the collection quarterly less the actual uncollectibles 17 experienced by the local exchange telephone companies to the 18 county treasurer or, in a home rule county, the county official 19 responsible for the collection and disbursement of funds. The 20 amount of the subscribers' contribution shall be stated 21 separately in the telephone subscribers' billing. Each service 22 supplier shall retain the fair and reasonable cost to establish 23 the 911 contribution rate billing system and an amount not to 24 exceed [2%] 1% of the [gross] net receipts collected to cover 25 actual administrative costs. 26 * * * 27 Section 8. Expenditures for nonrecurring costs, maintenance and 28 operation of 911 systems. 29 (a) Expenditures authorized.--During each county's fiscal 30 year, the county may expend the amounts distributed to it from 19970H1152B1308 - 9 -
1 the contribution rate for the nonrecurring costs, maintenance 2 and operation of a county 911 system. 3 (b) Items included in nonrecurring costs, maintenance and 4 operation costs.--Maintenance and operation costs may include 5 telephone company charges, equipment costs or equipment lease 6 charges, repairs, utilities, data base maintenance costs, 7 personnel salary and benefit costs which are directly related to 8 the provision of 911 services, audit costs and appropriate 9 carryover costs from previous years, training costs and costs 10 associated with developing a Master Street Address Guide. 11 Maintenance and operation costs shall not include any cost 12 necessary to house the 911 system. [No more than 60% of the 13 contribution rate collected during each county's fiscal year may 14 be utilized to fund personnel salary and benefit costs.] 15 (c) Limitations on expenditures.--The [department] agency 16 shall adopt procedures to assure that the total amount collected 17 from the 911 contribution rate shall be expended only for the 18 nonrecurring costs, maintenance and operation of a county 911 19 system. Nonrecurring costs shall be amortized over a minimum of 20 three years. 21 (d) Triennial audit.--The [department] agency shall require 22 a triennial audit of each county's expenditures for the 23 nonrecurring costs, maintenance and operation of 911 systems. 24 The triennial audit cost shall be paid by the respective county 25 from contribution rate revenues. 26 (e) Public education.--Each county may use moneys received 27 from the imposition of the contribution rate to educate the 28 public on the 911 system. Education may include, but is not 29 limited to, confirming with all residents of the county their 30 actual street address. 19970H1152B1308 - 10 -
1 Section 3. The act is amended by adding sections to read: 2 Section 10.1. Minimum training standards. 3 The agency shall in cooperation with the National Emergency 4 Number Association (NENA) develop minimum training standards for 5 all emergency dispatchers within this Commonwealth. These 6 training standards shall be implemented within one year of the 7 enactment of this section. Emergency dispatchers shall have 18 8 months to meet the developed training standards. Any person 9 hired as an emergency dispatcher after the training standards 10 have been developed must meet the requirements. 11 Section 10.2. Privacy of 911 calls. 12 All related records and tape recordings of 911 calls that are 13 kept by a 911 system are deemed confidential and shall be exempt 14 from the act of June 21, 1957 (P.L.390, No.212), referred to as 15 the Right-to-Know Law, and any other open records law. 16 Section 10.3. Standards for 911 databases. 17 The agency shall in cooperation with the National Emergency 18 Number Association (NENA) develop ALI database maintenance 19 standards. The agency shall publish these standards in the 20 Pennsylvania Bulletin within one year of enactment of this 21 section. All local exchange telephone service companies and 22 counties shall follow the standards developed for ALI database 23 maintenance. 24 Section 10.4. Good Samaritan civil immunity. 25 A person who contacts an emergency dispatcher, via a 911 26 emergency communications system and renders emergency care, 27 first aid or rescue or moves the person receiving the care, 28 first aid or rescue, while acting upon the direction of an 29 emergency dispatcher, shall not be liable to such person for any 30 civil damages as a result of any acts or omissions in rendering 19970H1152B1308 - 11 -
1 the directed emergency care, first aid or rescue, or moving the 2 person receiving the same, except any acts or omissions 3 intentionally designed to harm or any grossly negligent acts or 4 omissions which result in harm to the person receiving the 5 emergency care, first aid or rescue or being moved. 6 Section 10.5. Advisory Council on 911. 7 (a) Establishment.--There is hereby established an advisory 8 council to be known as the Advisory Council on 911. 9 (b) Membership.--The advisory council shall consist of 11 10 members as follows: 11 (1) The 911 Director under the Pennsylvania Emergency 12 Management Agency. 13 (2) One Pennsylvania Public Utility Commissioner or a 14 designee, appointed by the Governor. 15 (3) Three county coordinators as designated in section 16 4(a)(1), appointed by the Governor. 17 (4) One representative of a telephone trade association, 18 appointed by the Governor. 19 (5) One representative of a wireless communications 20 trade association, appointed by the Governor. 21 (6) One member of the Senate appointed by the Majority 22 Leader of the Senate. 23 (7) One member of the Senate appointed by the Minority 24 Leader of the Senate. 25 (8) One member of the House of Representatives appointed 26 by the Majority Leader of the House of Representatives. 27 (9) One member of the House of Representatives appointed 28 by the Minority Leader of the House of Representatives. 29 (c) Organization.--The advisory council shall provide for 30 its organization and procedure, including the annual election of 19970H1152B1308 - 12 -
1 a chairman and other officers as deemed necessary. 2 (d) Compensation.--The members of the advisory council shall 3 receive no compensation for their services on the advisory 4 council but shall be reimbursed for any reasonable and necessary 5 expenses incurred in the performance of their duties by the 6 agency. 7 (e) Meetings.--The advisory council shall meet at least one 8 time a year and upon the request of the chairman or four members 9 of the advisory council. 10 (f) Powers and duties.--The advisory council shall have the 11 following powers and duties: 12 (1) To meet and discuss issues surrounding the 911 and 13 enhanced 911 systems in this Commonwealth. 14 (2) To determine whether changes in legislation, 15 regulations, policy or programs dealing with 911 are needed. 16 (3) To advise the General Assembly and the agency of the 17 possible effects of legislation or regulations pertaining to 18 911. 19 (g) Reports.--The advisory council shall report the results 20 of their meetings to the agency and any other government entity 21 the advisory council deems necessary. 22 (h) Support services.--The agency shall provide the advisory 23 council with necessary administrative and clerical support 24 services. 25 Section 10.6. County evaluation program. 26 Every 911 system shall conduct a quality assurance program. 27 Each program shall consist of the county coordinator reviewing a 28 minimum of 10% of calls taken in a calendar year. The 29 coordinator shall use the results of the review to improve the 30 procedures used by the 911 operators. 19970H1152B1308 - 13 -
1 Section 10.7. Municipal designation of response agencies. 2 At the beginning of each calendar year, every municipality in 3 this Commonwealth shall provide a list of preferred response 4 agencies that are located within the municipality or a nearby 5 municipality to the 911 coordinator in the county the 6 municipality is located. The list shall include a primary choice 7 and any secondary choices the municipality wishes to include. A 8 municipality shall not be held liable in any way for its 9 designation of response agencies. The 911 systems shall use the 10 appropriate primary response agency listed by the municipality. 11 If the primary response agency is not available then the 911 12 system shall use the next listed response agency and so on until 13 the list is exhausted. If the list of response agencies is 14 exhausted prior to any response, the 911 system shall contact 15 any other response agency. 16 Section 4. Section 11 of the act is amended to read: 17 Section 11. Rules and regulations. 18 The [department] agency, in cooperation with the council and 19 the commission, may prescribe such application forms and 20 promulgate such guidelines, rules and regulations as may be 21 necessary to carry out the provisions of this act. 22 Section 5. This act shall take effect in 60 days. L20L35JS/19970H1152B1308 - 14 -