PRINTER'S NO. 4134
No. 2944 Session of 1996
INTRODUCED BY VAN HORNE, PESCI, PETRARCA, MERRY, CAPPABIANCA,
MARKOSEK, BELFANTI, BELARDI, TRAVAGLIO, E. Z. TAYLOR,
CORRIGAN, COLAFELLA, WALKO, TRELLO, ITKIN, YOUNGBLOOD AND
MELIO, OCTOBER 8, 1996
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, OCTOBER 8, 1996
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 "ALI." Automatic Location Identification.
5 * * *
6 "Contribution rate." A fee assessed against a telephone
7 subscriber for the nonrecurring costs, maintenance and operating
8 costs of a 911 system. Counties of the first through second
9 class A may impose a monthly contribution rate in an amount not
10 to exceed $1 per line on each local exchange access line.
11 Counties of the third through fifth class may impose monthly
12 contribution rates in an amount not to exceed $1.25 per line on
13 each local exchange access line. Counties of the sixth through
14 eighth class may impose a monthly contribution rate in an amount
15 not to exceed $1.50 per line on each local exchange access line.
16 The contribution rate may be used by counties for the expenses
17 of implementing, expanding or upgrading a 911 system. Expenses
18 eligible for reimbursement through the contribution rate shall
19 include telephone terminal equipment, trunk line service
20 installation, network changes, building of initial data base and
21 any other nonrecurring costs to establish a 911 system. The
22 contribution rate may also be used to fund recurring costs
23 pursuant to section 8(b). Expenses not eligible for
24 reimbursement through the contribution rate shall include
25 purchase of real estate, cosmetic remodeling, central office
26 upgrades, hiring [and training] of dispatchers, mobile
27 communications equipment, ambulances, fire engines or other
28 emergency vehicles, utilities, taxes and other expenses as
29 determined by the [Department of Community Affairs] agency.
30 * * *
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1 "County plan." A document submitted by the county to the
2 [department] agency, outlining its proposed 911 system,
3 including a contribution rate.
4 ["Department." The Department of Community Affairs of the
5 Commonwealth.]
6 * * *
7 "Municipality." A city, borough, town or township.
8 * * *
9 "Response agency." Any emergency services agency, including,
10 but not limited to, police, fire, ambulance or emergency medical
11 services.
12 * * *
13 Section 2. Sections 3, 4, 5, 7(a) and 8 of the act are
14 amended to read:
15 Section 3. Telecommunications management.
16 (a) Powers and duties of [department] agency.--The
17 [department] agency shall have the following powers and duties:
18 (1) To adopt rules and regulations pursuant to this act:
19 Provided, That the [department] agency shall have the power
20 and authority to promulgate, adopt, publish and use
21 guidelines for the implementation of this act for a period of
22 one year immediately following the effective date of this
23 section pending adoption of final rules and regulations.
24 Guidelines proposed under the authority of this section shall
25 be subject to review by the General Counsel and the Attorney
26 General in the manner provided for the review of proposed
27 rules and regulations pursuant to the act of October 15, 1980
28 (P.L.950, No.164), known as the Commonwealth Attorneys Act,
29 but shall not be subject to review pursuant to the act of
30 June 25, 1982 (P.L.633, No.181), known as the Regulatory
19960H2944B4134 - 3 -
1 Review Act.
2 (2) To establish guidelines and application procedures
3 for the establishment of contribution rates.
4 (3) To receive, review and approve or disapprove all 911
5 system county plans.
6 (4) To forward a copy of each county plan application to
7 the council and the commission for their review as required
8 by this act.
9 (5) To submit an annual report, not later than January 1
10 of each year, to the Governor and the General Assembly and
11 include at least the following:
12 (i) The extent to which 911 systems currently exist
13 in Pennsylvania.
14 (ii) Those counties which completed installation,
15 and costs and expenses for installation.
16 (iii) An anticipated schedule for installing a 911
17 system on a county basis for that year.
18 (6) To create the position of 911 Director within the
19 agency. The 911 Director shall only be responsible for
20 assisting counties in carrying out the provisions of this
21 act.
22 (b) Powers and duties of the council.--The council shall
23 have the following powers and duties:
24 (1) To establish technical standards for all county
25 plans.
26 (2) To review all county plans, including the initial
27 application forwarded by the [department] agency for
28 conformity to the technical standards.
29 (3) To review county plans to determine if equipment
30 conforms to the technical standards.
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1 (4) To recommend approval of plans or indicate
2 deficiencies in plans to the [department] agency.
3 (c) Powers and duties of the commission.--The commission
4 shall have the following powers and duties:
5 (1) Review the contribution rate requested by the county
6 based on the costs of the plan.
7 (2) Approve or modify the contribution rate requested by
8 the county and forward its decision to the [department]
9 agency.
10 Section 4. Counties.
11 (a) Powers and duties.--The board of county commissioners,
12 or, in a home rule county, the appropriate body according to the
13 home rule charter, shall have the following powers and duties in
14 relation to a 911 system:
15 (1) To designate a member of county government as a
16 coordinator who shall serve as a point of contact with the
17 [department] agency and shall develop a county plan for the
18 implementation, operation and maintenance of a 911 system.
19 Where technologically feasible, the county plan shall be
20 adequate to provide service for the entire county.
21 (2) To make arrangements with each telephone company
22 providing local exchange telephone service within the
23 county's jurisdiction to provide 911 service.
24 (3) To send a copy of the proposed county plan to the
25 appropriate telephone company upon submission of the plan to
26 the [department] agency.
27 (4) To cooperate with the [department] agency, the
28 council and the commission in preparation and submission of
29 the county plan and contribution rate.
30 (5) To execute all contracts, mutual aid agreements,
19960H2944B4134 - 5 -
1 cross-service agreements and all other necessary documents
2 which may be required in the implementation of the county
3 plan.
4 (b) Persons outside the county.--When an individual
5 physically resides in an adjacent county, but receives local
6 exchange telephone service from a central office in a county
7 which provides 911 service, it shall be the responsibility of
8 the county with the 911 service to notify the appropriate public
9 agency of a request for emergency service from such an
10 individual.
11 (c) Cities of the second class, second class A and third
12 class.--Any city of the second class, second class A or third
13 class that has established a 911 system prior to the effective
14 date of this act may exercise the powers and duties of counties
15 under this act. Any city of the second class, second class A or
16 third class that has not established a 911 system prior to the
17 effective date of this act may exercise the powers and duties of
18 counties under this act only when the county has chosen not to
19 exercise those powers and duties. The powers and duties granted
20 to cities under this section shall be applicable and may be
21 exercised only within the boundaries of the city. No action by a
22 city pursuant to this section shall preempt the powers and
23 duties of a county to establish a 911 system outside the
24 boundaries of the city at any time. The [department] agency may
25 establish regulations governing the exercise of powers and
26 duties granted to cities of the second class, second class A and
27 third class by this section.
28 Section 5. County plan.
29 (a) Minimum standards.--Upon the agreement of the governing
30 authority of a county to establish a 911 system, a plan shall be
19960H2944B4134 - 6 -
1 drafted meeting at least the minimum technical standards
2 promulgated by the council. The county may obtain technical
3 assistance from the council in formulating its plan. Each 911
4 plan shall be designed to meet the individual circumstances of
5 each community and the public agencies participating in the 911
6 system.
7 (b) Completion.--Upon completion of the plan, it shall be
8 forwarded to the [department] agency, with a copy of the plan
9 being sent to those telephone companies affected by the plan.
10 (c) [Department] Agency review.--The [department] agency
11 shall initially review the county plan for completeness. The
12 [department] agency shall forward a copy of the county plan and
13 the proposed contribution rate to the council and the commission
14 for review as required by this section. After the county plan
15 has been reviewed by the council and the commission, the
16 [department] agency shall approve or reject a county plan based
17 on the recommendations of the council and the commission. If the
18 county plan is rejected, the [department] agency shall return
19 the county plan and explain the deficiencies that caused the
20 rejection.
21 (d) Council review.--The council shall have 60 days to
22 review the plan and make suggested revisions of the plan. The
23 council shall submit its findings in writing to the [department]
24 agency. The [Pennsylvania Emergency Management Agency] agency
25 may act as agent for the council in the administration of the
26 plan approval process.
27 (e) Commission review.-- The commission shall review the
28 county plan only in relation to the contribution rate and may
29 modify only those contribution rates which it finds excessive to
30 meet the costs stated in the plan. The rates shall be reviewed
19960H2944B4134 - 7 -
1 and a decision forwarded to the [department] agency within 60
2 days of the date of submission. If the commission fails to
3 review the contribution rate within 60 days, the contribution
4 rate will be deemed approved by the commission.
5 (f) Present systems.--Those counties that presently have 911
6 systems may establish a contribution rate to cover nonrecurring
7 and operating costs of an existing 911 system by using the same
8 contribution rate approval mechanism as a new 911 system for the
9 purposes of this act. A county which does not have a 911 system
10 in operation on the effective date of this act but which awarded
11 a contract for such a system prior to the effective date of this
12 act shall be considered to have a present system.
13 (g) Regional systems.--Nothing in this act shall be
14 construed to prohibit the formation of multijurisdictional or
15 regional 911 systems, and any system established under this act
16 may include the territory of a county.
17 (h) Contribution rate changes.--Once a plan and contribution
18 rate has been established, the contribution rate shall remain
19 fixed for a period of at least three years. Updating and
20 expanding the present system shall require an amended plan to be
21 filed with the [department] agency. The contribution rate shall
22 remain fixed for three years even if the present system is
23 updated and expanded. Requests for contribution rate changes
24 shall be submitted to the [department] agency to be forwarded to
25 the commission for approval as provided by subsection (e).
26 Contribution rate increases shall not be permitted more often
27 than every three years and shall not take effect unless approved
28 by the commission.
29 (i) Assessment.--The moneys collected from the telephone
30 contribution rate shall be utilized for payments of nonrecurring
19960H2944B4134 - 8 -
1 and recurring costs of a 911 system. The contribution rate may
2 be imposed at any time subsequent to the execution of a contract
3 with the provider of a 911 service at the discretion of the
4 governing body and pursuant to approval of the county plan and
5 contribution rate under the provisions of this section. The
6 money collected from the contribution rate is a county fee
7 collected by the telephone company; the money is not subject to
8 taxes or charges levied on or by the telephone company. The
9 money collected from the contribution rate shall not be
10 considered revenue of the telephone company for any purpose.
11 Section 7. Collection and disbursement of contribution.
12 (a) Subscribers' contribution.--Each service supplier
13 providing local exchange telephone service within the county
14 shall collect the contribution from each subscriber and forward
15 the collection quarterly less the actual uncollectibles
16 experienced by the local exchange telephone companies to the
17 county treasurer or, in a home rule county, the county official
18 responsible for the collection and disbursement of funds. The
19 amount of the subscribers' contribution shall be stated
20 separately in the telephone subscribers' billing. Each service
21 supplier shall retain the fair and reasonable cost to establish
22 the 911 contribution rate billing system and an amount not to
23 exceed [2%] 1% of the [gross] net receipts collected to cover
24 actual administrative costs.
25 * * *
26 Section 8. Expenditures for nonrecurring costs, maintenance and
27 operation of 911 systems.
28 (a) Expenditures authorized.--During each county's fiscal
29 year, the county may expend the amounts distributed to it from
30 the contribution rate for the nonrecurring costs, maintenance
19960H2944B4134 - 9 -
1 and operation of a county 911 system.
2 (b) Items included in nonrecurring costs, maintenance and
3 operation costs.--Maintenance and operation costs may include
4 telephone company charges, equipment costs or equipment lease
5 charges, repairs, utilities, data base maintenance costs,
6 personnel salary and benefit costs which are directly related to
7 the provision of 911 services, audit costs and appropriate
8 carryover costs from previous years, training costs and costs
9 associated with developing a Master Street Address Guide.
10 Maintenance and operation costs shall not include any cost
11 necessary to house the 911 system. [No more than 60% of the
12 contribution rate collected during each county's fiscal year may
13 be utilized to fund personnel salary and benefit costs.]
14 (c) Limitations on expenditures.--The [department] agency
15 shall adopt procedures to assure that the total amount collected
16 from the 911 contribution rate shall be expended only for the
17 nonrecurring costs, maintenance and operation of a county 911
18 system. Nonrecurring costs shall be amortized over a minimum of
19 three years.
20 (d) Triennial audit.--The [department] agency shall require
21 a triennial audit of each county's expenditures for the
22 nonrecurring costs, maintenance and operation of 911 systems.
23 The triennial audit cost shall be paid by the respective county
24 from contribution rate revenues.
25 (e) Public education.--Each county may use moneys received
26 from the imposition of the contribution rate to educate the
27 public on the 911 system. Education may include, but is not
28 limited to, confirming with all residents of the county their
29 actual street address.
30 Section 3. The act is amended by adding sections to read:
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1 Section 10.1. Minimum training standards.
2 The agency shall in cooperation with the National Emergency
3 Number Association (NENA) develop minimum training standards for
4 all emergency dispatchers within this Commonwealth. These
5 training standards shall be implemented within one year of the
6 enactment of this section. Emergency dispatchers shall have 18
7 months to meet the developed training standards. Any person
8 hired as an emergency dispatcher after the training standards
9 have been developed must meet the requirements.
10 Section 10.2. Privacy of 911 calls.
11 All related records and tape recordings of 911 calls that are
12 kept by a 911 system are deemed confidential and shall be exempt
13 from the act of June 21, 1957 (P.L.390, No.212), referred to as
14 the Right-to-Know Law, and any other open records law.
15 Section 10.3. Standards for 911 databases.
16 The agency shall in cooperation with the National Emergency
17 Number Association (NENA) develop ALI database maintenance
18 standards. The agency shall publish these standards in the
19 Pennsylvania Bulletin within one year of enactment of this
20 section. All local exchange telephone service companies and
21 counties shall follow the standards developed for ALI database
22 maintenance.
23 Section 10.4. Good samaritan civil immunity.
24 A person who contacts an emergency dispatcher, via a 911
25 emergency communications system and renders emergency care,
26 first aid or rescue or moves the person receiving the care,
27 first aid or rescue, while acting upon the direction of an
28 emergency dispatcher, shall not be liable to such person for any
29 civil damages as a result of any acts or omissions in rendering
30 the directed emergency care, first aid or rescue, or moving the
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1 person receiving the same, except any acts or omissions
2 intentionally designed to harm or any grossly negligent acts or
3 omissions which result in harm to the person receiving the
4 emergency care, first aid or rescue or being moved.
5 Section 10.5. Advisory Council on 911.
6 (a) Establishment.--There is hereby established an advisory
7 council to be known as the Advisory Council on 911.
8 (b) Membership.--The advisory council shall consist of 11
9 members as follows:
10 (1) The 911 Director under the Pennsylvania Emergency
11 Management Agency.
12 (2) One Pennsylvania Public Utility Commissioner or a
13 designee, appointed by the Governor.
14 (3) Three county coordinators as designated in section
15 4(a)(1), appointed by the Governor.
16 (4) One representative of a telephone trade association,
17 appointed by the Governor.
18 (5) One representative of a wireless communications
19 trade association, appointed by the Governor.
20 (6) One member of the Senate appointed by the Majority
21 Leader of the Senate.
22 (7) One member of the Senate appointed by the Minority
23 Leader of the Senate.
24 (8) One member of the House of Representatives appointed
25 by the Majority Leader of the House of Representatives.
26 (9) One member of the House of Representatives appointed
27 by the Minority Leader of the House of Representatives.
28 (c) Organization.--The advisory council shall provide for
29 its organization and procedure, including the annual election of
30 a chairman and other officers as deemed necessary.
19960H2944B4134 - 12 -
1 (d) Compensation.--The members of the advisory council shall
2 receive no compensation for their services on the advisory
3 council but shall be reimbursed for any reasonable and necessary
4 expenses incurred in the performance of their duties by the
5 agency.
6 (e) Meetings.--The advisory council shall meet at least one
7 time a year and upon the request of the chairman or four members
8 of the advisory council.
9 (f) Powers and duties.--The advisory council shall have the
10 following powers and duties:
11 (1) To meet and discuss issues surrounding the 911 and
12 enhanced 911 systems in this Commonwealth.
13 (2) To determine whether changes in legislation,
14 regulations, policy or programs dealing with 911 are needed.
15 (3) To advise the General Assembly and the agency of the
16 possible effects of legislation or regulations pertaining to
17 911.
18 (g) Reports.--The advisory council shall report the results
19 of their meetings to the agency and any other government entity
20 the advisory council deems necessary.
21 (h) Support services.--The agency shall provide the advisory
22 council with necessary administrative and clerical support
23 services.
24 Section 10.6. County evaluation program.
25 Every 911 system shall conduct a quality assurance program.
26 Each program shall consist of the county coordinator reviewing a
27 minimum of 10% of calls taken in a calendar year. The
28 coordinator shall use the results of the review to improve the
29 procedures used by the 911 operators.
30 Section 10.7. Municipal designation of response agencies.
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1 At the beginning of each calendar year, every municipality in
2 this Commonwealth shall provide a list of preferred response
3 agencies that are located within the municipality or a nearby
4 municipality to the 911 coordinator in the county the
5 municipality is located. The list shall include a primary choice
6 and any secondary choices the municipality wishes to include. A
7 municipality shall not be held liable in any way for its
8 designation of response agencies. The 911 systems shall use the
9 appropriate primary response agency listed by the municipality.
10 If the primary response agency is not available then the 911
11 system shall use the next listed response agency and so on until
12 the list is exhausted. If the list of response agencies is
13 exhausted prior to any response, the 911 system shall contact
14 any other response agency.
15 Section 4. Section 11 of the act is amended to read:
16 Section 11. Rules and regulations.
17 The [department] agency, in cooperation with the council and
18 the commission, may prescribe such application forms and
19 promulgate such guidelines, rules and regulations as may be
20 necessary to carry out the provisions of this act.
21 Section 5. This act shall take effect in 60 days.
I26L35BIL/19960H2944B4134 - 14 -