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.
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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
19970H1152B1308 - 6 -
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
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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
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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.
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