PRIOR PRINTER'S NOS. 2765, 3129               PRINTER'S NO. 3638

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2176 Session of 1980


        INTRODUCED BY MRS. HONAMAN, MESSRS. FRYER, PICCOLA, DUFFY,
           ALDEN, GLADECK, GALLEN, BROWN, KOLTER, DININNI, MANMILLER,
           MOEHLMANN, WENGER, A. C. FOSTER, JR. AND MILLER, JANUARY
           23, 1980

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 23, 1980

                                     AN ACT

     1  Providing for a Statewide emergency telephone number "911"
     2     system, establishing the Office of Telecommunication in the
     3     Department of General Services and providing for its powers
     4     and duties, and making a repeal.

     5     The General Assembly finds and declares that it is in the
     6  public interest to shorten the time required for a citizen to
     7  request and receive emergency aid Providing BY PROVIDING a        <--
     8  single, primary, three-digit, toll free emergency number, "911"
     9  as the telephone number by which any citizen within the borders
    10  of the Commonwealth may gain rapid, direct access to a public
    11  safety answering point, with the objective of reducing response
    12  time to situations requiring law enforcement, fire, medical,
    13  rescue or any other emergency service. IT IS THE INTENT OF THE    <--
    14  GENERAL ASSEMBLY THAT THE COMMONWEALTH ASSUME FULL
    15  RESPONSIBILITY FOR COSTS, AS DEFINED IN SECTION 4 OF THIS ACT,
    16  ASSOCIATED WITH STATEWIDE IMPLEMENTATION AND OPERATION OF THIS
    17  PROGRAM. It is the further intent of the General Assembly that


     1  authority and responsibility for establishing, operating and
     2  maintaining adequate facilities for answering emergency calls
     3  for public safety assistance and dispatching proper responses to
     4  satisfy the caller's requirements shall be vested in the county
     5  level of local government. The General Assembly has determined
     6  that the most logical and cost effective level of government is
     7  at county level. Each county is encouraged TO IMPLEMENT THE       <--
     8  "911" SYSTEM AND to consider maximum integration of
     9  telecommunication facilities and capabilities within their
    10  planning, in order to economize the monetary costs, as well as
    11  to effect a more rapid response capability, WITHIN THE TIME       <--
    12  PERIOD PROVIDED IN THE ACT.
    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15  Section 1.  Short title.
    16     This act shall be known and may be cited as the "Public
    17  Safety Emergency Telephone Act."
    18  Section 2.  Definitions.
    19     The following words and phrases when used in this act shall
    20  have, unless the context clearly indicates otherwise, the
    21  meanings given to them in this section:
    22     "ANNUAL PLAN."  THE DOCUMENT SUBMITTED BY THE COUNTY TO THE    <--
    23  OFFICE OF TELECOMMUNICATION, AS A REQUEST FOR FUNDING OF
    24  IMPLEMENTATION AND OPERATIONAL COSTS AS AUTHORIZED IN SECTION 4.
    25  THIS ANNUAL PLAN SHALL BE USED BY THE OFFICE OF
    26  TELECOMMUNICATION IN COMPILING INFORMATION FOR THE ANNUAL REPORT
    27  TO THE GENERAL ASSEMBLY.
    28     "Basic 911 system."  A system which permits a person dialing
    29  911 by telephone to be connected to a Public Safety Answering
    30  Point (PSAP) via normal telephone facilities.
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     1     "Central office."  A place where the switching of telephone
     2  calls occur, whether automatically or manually.
     3     "Local government."  A city, county, borough, incorporated     <--
     4  town or township, or any combination thereof.
     5     "Public agency."  The Commonwealth and any municipality,
     6  political subdivision, municipal authority or chartered
     7  organization located in whole or in part within the Commonwealth
     8  which provides or has the authority to provide law enforcement,
     9  fire protection, rescue, ambulance, medical or other emergency
    10  services.
    11     "Public safety agency."  That part or unit of a public agency
    12  which provides law enforcement, fire protection, rescue,
    13  ambulance, medical or other emergency services.
    14     "Public safety answering point" or "PSAP."  The first point
    15  where calls for assistance from citizens for public safety
    16  agencies are answered.
    17  Section 3.  Office of Telecommunication.
    18     (a)  Establishment.--There is hereby established the Office
    19  of Telecommunication within the Department of General Services.
    20  The office shall have a director and technical staff, who are
    21  telecommunications professionals certified and employed through
    22  the Civil Service Commission.
    23     (b)  Powers and duties.--The office shall have the following
    24  powers and duties:
    25         (1)  To be responsible for the central management of the   <--
    26     telecommunications system for the Commonwealth and its
    27     agencies as well as the Statewide implementation of the "911
    28     program."
    29         (1)  TO BE RESPONSIBLE FOR THE CENTRAL MANAGEMENT OF       <--
    30     TELECOMMUNICATION FOR THE COMMONWEALTH.
    19800H2176B3638                  - 3 -

     1         (2)  TO PROVIDE INFORMATION REGARDING FEDERAL OR STATE
     2     GRANTS, FOR WHICH THE APPLICANT COUNTIES MAY BE ELIGIBLE.
     3         (2) (3)  To provide technical assistance as requested by   <--
     4     the counties in developing their "911" implementation plans.
     5         (3) (4)  To receive, review and act on the plans           <--
     6     submitted by the counties to implement "911" service.
     7         (4) (5)  To review and act on filed requests for           <--
     8     extension of time to implement the "911" system AND MAINTAIN   <--
     9     THE "911" SYSTEM ELIGIBLE FOR FUNDING UNDER THE ACT.
    10         (5) (6)  To develop and promulgate a Statewide publicity   <--
    11     program which will have as its goal educating citizens of
    12     Pennsylvania with the implementation of "911" service and to
    13     provide TECHNICAL assistance to county governments to          <--
    14     publicize the implementation of "911" throughout the area.
    15         (6) (7)  To submit an annual report of activities to the   <--
    16     General Assembly on or before January 1 of each year. This
    17     report shall include a proposed budget for the next fiscal
    18     year together with approved requests for funding from
    19     counties for the next fiscal year.
    20  Section 4.  Funding.
    21     (a)  Approval by office.--The office shall be authorized to
    22  accept requests for funding of "911" system and to establish and
    23  promulgate guidelines by which the counties are to submit their
    24  respective requests for funding and the guidelines for
    25  administering those funds. The office shall approve all           <--
    26  applications for funding prior to the granting of such funds.
    27     (b)  Funded elements.--The following elements of "911"
    28  emergency telephone system shall be funded for each county: THE   <--
    29  OFFICE SHALL HAVE THE AUTHORITY TO ESTABLISH THE PARAMETERS OF
    30  COUNTY "911" PLANS THAT WOULD BE ACCEPTABLE FOR FUNDING AND
    19800H2176B3638                  - 4 -

     1  SHALL SUBMIT APPROVED ANNUAL PLANS TO THE GENERAL ASSEMBLY FOR
     2  FUNDING ACTION.
     3     (B)  FUNDED ELEMENTS.--THE ONGOING SERVICE COSTS FOR THE
     4  FOLLOWING ELEMENTS OF THE "911" EMERGENCY TELEPHONE SYSTEM,
     5  INCURRED AFTER THE ENACTMENT OF THIS ACT, SHALL BE FULLY FUNDED
     6  FOR EACH COUNTY WHICH SO REQUESTS:
     7         (1)  The cost of trunk line service from a telephone
     8     central office exchange to the public safety answering point.
     9         (2)  The cost of the telephone terminal equipment
    10     installed in the public safety answering point, dedicated to
    11     "911" service.
    12         (3)  The cost of dedicated trunk line service between
    13     public safety answering points. in adjacent counties.          <--
    14         (4)  The one-time installation cost attendant to (1), (2)
    15     and (3), are authorized for funding for systems implemented
    16     after the enactment of this act.
    17         (5)  The cost involved in the hiring of extra persons
    18     because of implementing a "911" system, to a maximum of five
    19     employees.
    20         (4)  ADDITIONAL ELEMENTS OF "911" EMERGENCY TELEPHONE      <--
    21     SERVICE WHERE JUSTIFIED AS COST EFFECTIVE.
    22         (5)  FUNDING FOR ONE-TIME INSTALLATION CHARGES ATTENDANT
    23     TO (1), (2), (3) AND (4), INCURRED SUBSEQUENT TO ENACTMENT OF
    24     THIS ACT, SHALL BE AVAILABLE UNTIL JANUARY 1 OF THE SIXTH
    25     YEAR AFTER THE EFFECTIVE DATE OF THIS ACT.
    26         (6)  THE WAGES AND BENEFITS INVOLVES IN HIRING OF EXTRA
    27     PERSONS BECAUSE OF IMPLEMENTING A "911" SYSTEM, TO A MAXIMUM
    28     OF FIVE EMPLOYEES.
    29     (C)  EXISTING SYSTEMS.--ALL LOCAL GOVERNMENTS WHICH HAVE AN
    30  EXISTING "911" SYSTEM ON THE EFFECTIVE DATE OF THIS ACT SHALL BE
    19800H2176B3638                  - 5 -

     1  ELIGIBLE FOR FUNDING OR FOR REIMBURSEMENT IN THE SAME MANNER AS
     2  PROVIDED IN THIS SECTION.
     3     (c) (D)  Source.--Moneys for the above purposes shall be       <--
     4  provided from the General Fund. IF, IN ANY FISCAL YEAR,           <--
     5  APPROPRIATIONS ARE INSUFFICIENT TO COVER THE COSTS OF GRANTS AND
     6  REIMBURSEMENT TO THOSE COUNTIES WHICH MAKE TIMELY REQUESTS IN
     7  THAT FISCAL YEAR, THE DEPARTMENT OF GENERAL SERVICES SHALL
     8  REPORT SUCH FACT TO THE GENERAL ASSEMBLY AND SHALL REQUEST
     9  APPROPRIATION OF FUNDS NECESSARY TO PROVIDE THE GRANTS
    10  AUTHORIZED IN THIS SECTION. IF SUCH A DEFICIENCY APPROPRIATION
    11  IS NOT ENACTED ANY COUNTY WHICH HAS NOT RECEIVED THE FULL AMOUNT
    12  OF THE GRANT FOR WHICH IT IS ELIGIBLE UNDER THIS SECTION SHALL
    13  BE AS A FIRST PRIORITY REIMBURSED FROM APPROPRIATIONS MADE IN
    14  THE NEXT SUCCESSIVE FISCAL YEAR.
    15  Section 5.  Counties.
    16     Counties (A)  COUNTIES, WHICH ELECT TO PROVIDE THE "911"       <--
    17  SERVICE, IN THEIR COUNTY shall have the following powers and
    18  duties in relation to the "911" system:
    19         (1)  To install, operate and maintain a "911" emergency
    20     telephone system within the county.
    21         (2)  To make arrangements with telephone companies to
    22     serve the entire central office, district or districts of the
    23     company.
    24         (3)  To plan and implement a "911" emergency telephone
    25     system adequate to provide service for the entire county not
    26     later than January 1 of the sixth year after enactment of
    27     this act.
    28         (4)  To execute all contracts, mutual aid agreements,
    29     cross service agreements and all other necessary documents
    30     which may be required in the implementation of the "911"
    19800H2176B3638                  - 6 -

     1     system.
     2         (5)  To file requests for extension of the implementation
     3     date, when local circumstances preclude attaining the
     4     established date.
     5     (B)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE     <--
     6  COMPLIANCE WITH THE ACT BY THE COUNTY. ANY COUNTY NOT ELECTING
     7  TO COMPLY WITH THE ACT SHALL NOT BE SUBJECT TO ANY CRIMINAL OR
     8  CIVIL PENALTIES UNDER LAW.
     9  Section 6.  Telephone companies.
    10     (a)  Basic "911" service.--Those telephone companies which
    11  provide general telephone service to subscribers in the
    12  Commonwealth shall provide basic "911" service in their
    13  exchanges by January 1 of the fifth year after enactment of this
    14  act.
    15     (b)  Time extension.--A telephone company may request an
    16  extension of time to comply with this act, where an extension is
    17  reasonably necessary due to unusual technical or financial
    18  impediments. This request shall be made to the Office of
    19  Telecommunications.
    20  Section 7.  Regional systems.
    21     Nothing in this act shall be construed to prohibit the
    22  formation of multijurisdictional or regional systems, and any
    23  system established pursuant to this act may include the
    24  territory of more than one public agency or may include a
    25  segment of the territory of a public agency.
    26  SECTION 8.  PENALTY.                                              <--
    27     ANY PERSON WHO INTENTIONALLY CALLS THE "911" EMERGENCY NUMBER
    28  FOR OTHER THAN EMERGENCY PURPOSES SHALL BE GUILTY OF A
    29  MISDEMEANOR OF THE THIRD DEGREE.
    30  Section 8 9.  Repeal.                                             <--
    19800H2176B3638                  - 7 -

     1     The act of April 28, 1978 (P.L.90, No.42), entitled "An act
     2  providing for the development of a Statewide emergency telephone
     3  number "911" system plan and establishing the Bureau of
     4  Telecommunications with the duties and responsibilities for all
     5  telecommunications with State Government," is repealed.
     6  Section 9 10.  Effective date.                                    <--
     7     This act shall take effect immediately.
















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