PRIOR PRINTER'S NOS. 1488, 2654 PRINTER'S NO. 2971
No. 1246 Session of 1985
INTRODUCED BY McHALE, HONAMAN, STEWART, BLAUM, BURNS, DURHAM,
ACOSTA, FREEMAN, STEIGHNER, FLICK, LAUGHLIN, FOX, RYBAK,
BATTISTO, BRANDT, COY, SEMMEL, HASAY, D. W. SNYDER, GRUPPO,
McVERRY, WAMBACH, ARGALL, BELFANTI, PUNT, PRESSMANN, LINTON,
WOZNIAK, GREENWOOD, LUCYK, EVANS, HERSHEY, AFFLERBACH,
CLYMER, HAYES, YANDRISEVITS, COLE, DeWEESE, DEAL, McCALL,
KUKOVICH, BLACK, GALLAGHER, STABACK, BORTNER, VAN HORNE,
SWEET, RUDY, HAGARTY, JOSEPHS, GLADECK, MURPHY, SHOWERS,
BALDWIN, MILLER, A. C. FOSTER, JR., FATTAH, WIGGINS, BOWLEY,
D. R. WRIGHT, TRELLO, STEIGHNER, BUNT AND NAHILL,
MAY 28, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 19, 1986
AN ACT
1 Providing for a Statewide emergency telephone number "911"
2 system; establishing a telecommunications unit within the
3 Department of General Services; providing for funding of the
4 system, for a referendum and for contributions from telephone
5 subscribers; providing a penalty; making appropriations; and
6 making a repeal.
7 The General Assembly declares it to be in the public interest
8 to provide a toll-free number "911" for any individual within
9 this Commonwealth to gain rapid, direct access to emergency aid.
10 The number shall be provided with the objective of reducing
11 response time to situations requiring law enforcement, fire,
12 medical, rescue or other emergency service. It is the further
13 intent of the General Assembly that authority and responsibility
14 for establishing, operating and maintaining adequate facilities
15 for answering emergency calls and dispatching a proper response
1 to the callers' needs shall be vested in the county government.
2 Each county is encouraged to implement a 911 emergency
3 communication system and to consider maximum integration of
4 telecommunications facilities and capabilities within their
5 planning, in order to economize the costs, as well as to effect
6 a more rapid response capability.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Public Safety
11 Emergency Telephone Act.
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "911 emergency communication system" or "911 system." A
17 system which permits a person dialing "911" by telephone to be
18 connected to a public safety answering point, via normal
19 telephone facilities, for the reporting of police, fire, medical
20 or other emergency situations.
21 "Commission." The Pennsylvania Public Utility Commission.
22 "County plan." A document submitted by the county to the
23 telecommunications unit, outlining its proposed 911 system.
24 "Department." The Department of General Services of the
25 Commonwealth.
26 "Emergency telephone contribution rate." A fee assessed
27 against a telephone subscriber for the recurring charges for a
28 911 system.
29 "Installation grants." Grants provided to counties from
30 general revenues to reimburse the initial expenses of
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1 implementing a 911 system. Expenses eligible for reimbursement
2 shall include telephone terminal equipment, trunk line service
3 installation and any other nonrecurring costs to establish a 911
4 system.
5 "LOCAL EXCHANGE TELEPHONE SERVICE." THE PROVISION OF <--
6 TELEPHONIC MESSAGE TRANSMISSION WITHIN AN EXCHANGE, AS SUCH IS
7 DEFINED AND DESCRIBED IN TARIFFS FILED WITH AND APPROVED BY THE
8 COMMISSION.
9 "Public agency." The Commonwealth or a political
10 subdivision, public authority, municipal authority or any
11 organization located in whole or in part within this
12 Commonwealth which provides or has the authority to provide
13 firefighting, law enforcement, ambulance, emergency medical or
14 other emergency services.
15 "Public safety answering point" or "PSAP." The first point
16 at which calls for emergency assistance from individuals are
17 answered.
18 "Telephone subscriber." A person who contracts with a
19 telephone company within this Commonwealth for LOCAL EXCHANGE <--
20 telephone service, either residential or commercial, in return
21 for which the person is billed on a monthly basis. When the same
22 person, business or organization has several telephone numbers,
23 each listing NUMBER shall constitute a separate subscription. <--
24 The term shall include a telephone for which a direct user fee <--
25 is collected at the time of a call, commonly referred to as a
26 pay telephone. FOR PURPOSES OF THE CONTRIBUTION RATE, THE TERM <--
27 SHALL NOT INCLUDE PAY STATIONS OWNED OR OPERATED BY A REGULATED
28 PUBLIC UTILITY.
29 "Unit." The telecommunications unit within the department.
30 Section 3. Telecommunications unit.
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1 (a) Establishment.--There is hereby established a <--
2 telecommunications unit within the department. THE DEPARTMENT <--
3 SHALL ESTABLISH AN OPERATIONAL TELECOMMUNICATIONS UNIT WITHIN
4 120 DAYS OF THE EFFECTIVE DATE OF THIS ACT. The unit shall
5 employ telecommunications professionals hired under the act of
6 August 5, 1941 (P.L.752, No.286), known as the Civil Service
7 Act.
8 (b) Powers and duties.--The unit shall have the following
9 powers and duties:
10 (1) To be responsible for the central management of
11 telecommunications for this Commonwealth.
12 (2) To provide information regarding State installation
13 grants for implementing 911 systems for eligible counties.
14 (3) To establish guidelines and application procedures
15 for the dissemination of installation grants.
16 (4) To provide technical assistance, as requested by the
17 counties, in developing a 911 system. Each 911 plan shall be
18 designed to meet the individual circumstances of each
19 community and the public agencies participating in the 911
20 system.
21 (5) To promulgate rules and regulations containing
22 minimum standards for all county plans and procedures for
23 submission thereof.
24 (6) To receive, review and approve or disapprove all 911
25 system county plans, either on an initial application basis,
26 expansion of an approved plan or renewal of an existing plan.
27 (7) To forward the approved county plan and suggested
28 contribution rate to the commission. If the plan is rejected,
29 it shall be returned to the unit, which shall revise the plan
30 to meet the commission objections.
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1 (8) To provide technical assistance to county
2 governments to publicize the implementation of a 911 system
3 throughout the area.
4 (9) TO AUDIT ANNUALLY COUNTY EXPENDITURES FOR THE <--
5 OPERATION AND MAINTENANCE OF 911 SYSTEMS.
6 (10) TO SUBMIT AN ANNUAL REPORT, NOT LATER THAN JANUARY
7 1 OF EACH YEAR, TO THE GOVERNOR, THE SECRETARY OF THE
8 DEPARTMENT AND THE GENERAL ASSEMBLY AND INCLUDE AT LEAST THE
9 FOLLOWING:
10 (I) THE EXTENT TO WHICH 911 SYSTEMS CURRENTLY EXIST
11 IN PENNSYLVANIA.
12 (II) THOSE COUNTIES WHICH COMPLETED INSTALLATION,
13 AND COSTS AND EXPENSES FOR INSTALLATION.
14 (III) AN ANTICIPATED SCHEDULE FOR INSTALLING A 911
15 SYSTEM ON A COUNTY BASIS FOR THAT YEAR.
16 (IV) THE ESTIMATED COST OF INSTALLING THE 911
17 SYSTEM.
18 (V) ANY SUGGESTED CHANGES TO THIS ACT.
19 Section 4. Counties.
20 (a) Powers and duties.--The governing body of a county shall
21 have the following powers and duties in relation to a 911
22 system:
23 (1) To designate a member of county government as a
24 coordinator who shall serve as a point of contact with the
25 unit to develop a plan for the implementation, operation and
26 maintenance of a 911 system. The WHERE TECHNOLOGICALLY <--
27 FEASIBLE, THE county plan shall be adequate to provide
28 service for the entire county at the time it is submitted for
29 approval to the unit.
30 (2) To make arrangements with each telephone company
19850H1246B2971 - 5 -
1 operating PROVIDING LOCAL EXCHANGE TELEPHONE SERVICE within <--
2 the county's jurisdiction to provide 911 service.
3 (3) To send a copy of the proposed plan to the
4 appropriate telephone company upon submission of the plan to
5 the unit.
6 (4) To cooperate with the unit in preparation and
7 submission of an installation grant.
8 (5) To cooperate with the unit in preparation and
9 submission of the approved plan and contribution rate to the
10 commission for rate approval.
11 (6) To submit the question to the voters of the county
12 for approval of whether or not to establish the approved 911
13 plan in the county.
14 (7) To execute all contracts, mutual aid agreements,
15 cross-service agreements and all other necessary documents
16 which may be required in the implementation of the county
17 plan.
18 (b) Persons outside county.--When an individual physically
19 resides in an adjacent county, but receives LOCAL EXCHANGE <--
20 telephone service from a central office in a county which
21 provides 911 service, it shall be the responsibility of the
22 county with the 911 service to notify the appropriate public
23 agency of a request for emergency service from such an
24 individual.
25 Section 5. County plan.
26 (a) Minimum standards.--Upon the agreement of the governing
27 authority to establish a 911 system, a plan shall be drafted
28 meeting AT LEAST the minimum standards promulgated by the unit. <--
29 The county may obtain technical assistance from the unit in
30 formulating its plan.
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1 (b) Completion.--Upon completion of the plan, it shall be
2 forwarded to the unit, with a copy of the plan being sent to
3 those telephone companies affected by the plan.
4 (c) Unit review.--The unit shall have 90 days to review the
5 plan and make suggested revisions of the plan. After the 90-day
6 period, the unit must accept or reject the plan and formulate a
7 rate of contribution to fund the ongoing monthly charges for the
8 system. The contribution rate shall be based on the number of
9 telephone subscribers serviced within the county PROPOSED 911 <--
10 SYSTEM.
11 (d) Commission review.--The unit shall forward the plan to
12 the commission with the estimated cost of the plan and a
13 requested contribution rate. The commission shall review the
14 plan only in relation to the contribution rate and may reject
15 only those contribution rates which it finds excessive to meet
16 the costs stated in the plan. The rates shall be reviewed and
17 returned by the commission within 30 60 days of the date of <--
18 submission. If the plan is rejected, it shall be returned to the
19 unit.
20 (e) Submission to voters.--Once the plan is approved by the
21 unit and reviewed by the commission pursuant to this section, it
22 shall be submitted to the voters pursuant to section 6.
23 (f) Present systems.--Those counties that presently have
24 911 systems shall be eligible for installation grants for
25 purposes of updating and expanding present systems. Any county
26 that wishes to convert to a telephone contribution rate to cover
27 recurring expenses will be subject to the same approval
28 mechanism as new systems.
29 (g) Regional systems.--Nothing in this act shall be
30 construed to prohibit the formation of multijurisdictional or
19850H1246B2971 - 7 -
1 regional 911 systems, and any system established under this act
2 may include the territory of a county. It shall not be necessary
3 for two counties who have received voter approval to submit the
4 question for a multijurisdictional system.
5 (h) Contribution rate fixed.--Once a plan has AND <--
6 CONTRIBUTION RATE HAVE been approved by the voters and
7 established, the contribution rate shall remain fixed for a
8 period of four years. Substantial expansion or change of the <--
9 UPDATING AND EXPANDING THE PRESENT system shall require an <--
10 amended plan to be filed with the unit. Requests for
11 contribution rate increases shall be submitted on a four-year
12 basis to the unit and the commission but shall not require voter
13 approval.
14 (i) Assessment.--The moneys collected from the telephone
15 contribution rate shall be utilized only to pay for the
16 operation of a 911 system and may be assessed after the
17 execution of a contract but no earlier than 90 days prior to the
18 operation of 911 service.
19 Section 6. Referendum.
20 (a) Question.--Before any county may establish a 911 system
21 and impose an emergency telephone contribution under this act,
22 it shall submit the proposal to the electors of the county for
23 their approval at the next municipal or general election for
24 which the advertising requirements of the act of June 3, 1937
25 (P.L.1333, No.320), known as the Pennsylvania Election Code, can
26 be met. The question shall be:
27 Shall the county of ............. establish a 911
28 emergency communication system and impose a contribution <--
29 upon individuals CURRENT CONTRIBUTION RATE OF .... EACH <--
30 MONTH UPON ALL TELEPHONE SUBSCRIBERS to finance such
19850H1246B2971 - 8 -
1 service?
2 (b) Acceptance or rejection.--If a majority of the votes
3 cast on the proposal by the qualified electors voting thereon
4 are in favor of the proposal, the county shall establish the
5 service and impose the contribution allowed by this act. If a
6 majority of the votes cast on the proposal are opposed to the
7 proposal, the county submitting the proposal shall not implement
8 this act. The question may be put before the electors at any
9 subsequent election, pursuant to this section.
10 (c) Conduct of referendum.--The referendum under this
11 section shall be held in accordance with the Pennsylvania
12 Election Code.
13 Section 7. Collection AND DISBURSEMENT of contribution. <--
14 (a) Subscribers' contribution.--The telephone company <--
15 operating SERVICE SUPPLIER PROVIDING LOCAL EXCHANGE TELEPHONE <--
16 SERVICE within the county shall collect the contribution from
17 each subscriber and forward the collection quarterly to the
18 county treasurer. The amount of the subscribers' contribution
19 shall be stated separately in the telephone subscribers'
20 billing. The telephone company SERVICE SUPPLIER shall retain 1% <--
21 1.5% of the gross receipts collected to cover administrative
22 costs.
23 (b) Restricted account.--The county treasurer shall deposit
24 the moneys received in a restricted account used for the sole <--
25 purpose of monthly recurring charges billed for the 911 system
26 AND FOR THE PURPOSE OF MAKING PAYMENTS UNDER SUBSECTION (C). The <--
27 governing body of the county shall make an annual appropriation
28 from such account for the 911 system, SUBJECT TO THE PROVISIONS <--
29 OF SUBSECTION (C), and shall retain 1% of the gross receipts
30 collected to cover administrative costs.
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1 (C) DISBURSEMENT TO MUNICIPALITIES.--THE COUNTY TREASURER <--
2 SHALL, ON A QUARTERLY BASIS, PAY FROM FUNDS OF THE RESTRICTED
3 ACCOUNT TO A MUNICIPALITY WHICH OPERATES A 911 SYSTEM
4 ESTABLISHED PRIOR TO THE EFFECTIVE DATE OF THIS ACT, A SUM OF
5 MONEY NOT LESS THAN THAT CONTRIBUTED BY THE TELEPHONE
6 SUBSCRIBERS OF THAT MUNICIPALITY TO THE COUNTY 911 SYSTEM
7 THROUGH THE TELEPHONE CONTRIBUTION RATE.
8 (c) (D) Collection enforcement.--Nothing in this act shall <--
9 impose any obligation upon a telephone company to take legal
10 action to enforce collection of the contribution imposed by this
11 section. The UPON REQUEST BY THE COUNTY, THE telephone company <--
12 shall provide the county with a list of amounts uncollected
13 along with the names and addresses of the telephone subscribers
14 who have not paid the 911 contribution.
15 Section 8. Source of funds.
16 (A) GENERAL RULE.--Funds for installation grants shall be <--
17 provided from the General Fund. If, in any fiscal year, <--
18 appropriations are
19 (B) DEFICIENCY APPROPRIATION.--IF, IN ANY FISCAL YEAR, <--
20 APPROPRIATIONS ARE insufficient to cover the costs of grants to
21 those counties which make timely requests, the department shall
22 report the fact to the General Assembly and request a deficiency
23 appropriation of funds to provide these grants. If a deficiency
24 appropriation is not enacted, any county not receiving a grant
25 shall receive first priority for any appropriation made for the
26 next fiscal year.
27 (C) LIMIT ON FUNDING.--NO COUNTY SHALL, IN ANY YEAR, BE <--
28 GRANTED MORE THAN 20% OF THE TOTAL ANNUAL APPROPRIATION MADE FOR
29 INSTALLATION GRANTS, UNLESS THERE ARE INSUFFICIENT APPLICANTS TO
30 CONSUME THE ENTIRE AMOUNT OF THE APPROPRIATION.
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1 SECTION 9. EXPENDITURES FOR MAINTENANCE AND OPERATION OF 911 <--
2 SYSTEMS.
3 (A) EXPENDITURES AUTHORIZED.--DURING EACH COUNTY'S FISCAL
4 YEAR, THE COUNTY MAY EXPEND THE AMOUNTS DISTRIBUTED TO IT FROM
5 THE 911 TELEPHONE CONTRIBUTION RATE FOR THE MAINTENANCE AND
6 OPERATION OF A COUNTY 911 SYSTEM.
7 (B) ITEMS INCLUDED IN MAINTENANCE AND OPERATION COSTS.--
8 MAINTENANCE AND OPERATION COSTS MAY INCLUDE TELEPHONE COMPANY
9 CHARGES, EQUIPMENT COSTS OR EQUIPMENT LEASE CHARGES, REPAIRS,
10 UTILITIES, PERSONNEL COSTS AND APPROPRIATE CARRYOVER COSTS FROM
11 PREVIOUS YEARS.
12 (C) LIMITATIONS ON EXPENDITURES.--THE UNIT SHALL ADOPT
13 PROCEDURES TO ASSURE THAT THE TOTAL AMOUNT COLLECTED FROM THE
14 911 CONTRIBUTION SHALL BE EXPENDED ONLY FOR THE MAINTENANCE AND
15 OPERATION OF A COUNTY 911 SYSTEM.
16 (D) ANNUAL AUDIT.--THE UNIT SHALL PROVIDE FOR AN AUDIT OF
17 EACH COUNTY'S EXPENDITURES FOR THE MAINTENANCE AND OPERATION OF
18 911 SYSTEMS.
19 Section 9 10. Pay telephone access. <--
20 The commission shall promulgate regulations requiring free
21 access to 911 service from pay telephones.
22 SECTION 11. TELEPHONE RECORDS. <--
23 (A) ACCESS.--EACH TELEPHONE SERVICE SUPPLIER SHALL PROVIDE
24 CUSTOMER TELEPHONE NUMBERS, NAMES AND SERVICE ADDRESSES TO 911
25 SYSTEMS WHEN REQUIRED. THE TOTAL COST OF THE SYSTEM SHALL
26 INCLUDE EXPENSES TO PROVIDE SUCH INFORMATION.
27 (B) PRIVACY WAIVED.--PRIVATE LISTING SERVICE CUSTOMERS IN A
28 911 SERVICE DISTRICT SHALL WAIVE THE PRIVACY AFFORDED BY
29 NONLISTED AND NONPUBLISHED NUMBERS ONLY TO THE EXTENT NECESSARY
30 TO PROVIDE 911 EMERGENCY SERVICE.
19850H1246B2971 - 11 -
1 Section 10 12. Penalty. <--
2 Any person who intentionally calls the "911" emergency number
3 for other than emergency purposes commits a misdemeanor of the
4 third degree.
5 Section 11 13. Appropriations. <--
6 (a) Installation grants.--The sum of $1,250,000, or as much
7 thereof as may be necessary, is hereby appropriated to the
8 Department of General Services for the fiscal year July 1, 1986,
9 to June 30, 1987, for installation grants.
10 (b) Administration.--The sum of $250,000, or as much thereof
11 as may be necessary, is hereby appropriated to the Department of
12 General Services for the fiscal year July 1, 1986, to June 30,
13 1987, for operation of the telecommunications unit.
14 Section 12 14. Repeals. <--
15 The act of April 28, 1978 (P.L.90, No.42), known as the
16 Emergency Telephone Act, is repealed.
17 Section 13 15. Effective date. <--
18 This act shall take effect July 1, 1985 1986, or immediately, <--
19 whichever is later.
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