PRINTER'S NO. 890
No. 766 Session of 1983
INTRODUCED BY MELLOW, MAY 26, 1983
REFERRED TO STATE GOVERNMENT, MAY 26, 1983
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; and making a repeal. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Public Safety 9 Emergency Telephone Act. 10 Section 2. Legislative intent. 11 The General Assembly declares it to be in the public interest 12 to provide a toll free number "911" for any individual within 13 the Commonwealth to gain rapid, direct access to emergency aid. 14 The number shall be provided with the objective of reducing 15 response time to situations requiring law enforcement, fire, 16 medical, rescue or other emergency service. It is the further 17 intent of the General Assembly that authority and responsibility 18 for establishing, operating and maintaining adequate facilities
1 for answering emergency calls and dispatching a proper response 2 to the callers' needs shall be vested in the county government. 3 Each county is encouraged to implement the "911" system and to 4 consider maximum integration of telecommunications facilities 5 and capabilities within their planning, in order to economize 6 the costs, as well as to effect a more rapid response 7 capability. 8 Section 3. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Basic 911 system." A system which permits a person dialing 13 "911" by telephone to be connected to a public safety answering 14 point via normal telephone facilities for the reporting of 15 police, fire, medical or other emergency situations. 16 "County plan." A document submitted by the county to the 17 Telecommunications Unit, outlining its proposed "911" system. 18 "Emergency telephone contribution rate." A fee assessed 19 against a telephone subscriber for the recurring charges for the 20 basic "911" system which shall not exceed a 2% charge for 21 administrative expenses. 22 "Public agency." The Commonwealth, political subdivision, 23 public authority, municipal authority or any organization 24 located in whole or in part within the Commonwealth which 25 provides or has the authority to provide fire fighting, law 26 enforcement, ambulance, emergency medical or other emergency 27 services. 28 "Public safety answering point or 'PSAP'." The first point 29 where calls for emergency assistance from individuals are 30 answered. 19830S0766B0890 - 2 -
1 "Telephone subscriber." Any person who contracts with a 2 telephone company within the Commonwealth for telephone service, 3 either residential or commercial, in return for which he is 4 billed on a monthly basis. 5 "Unit." The Telecommunications Unit within the Department of 6 General Services. 7 Section 4. Telecommunications Unit. 8 (a) Establishment.--There is hereby established a 9 Telecommunications Unit within the Department of General 10 Services. The unit staff shall have technical members, who are 11 telecommunications professionals certified and employed through 12 the Civil Service Commission. 13 (b) Powers and duties.--The unit shall have the following 14 powers and duties: 15 (1) To be responsible for the central management of 16 telecommunications for the Commonwealth. 17 (2) To provide information regarding Federal or State 18 grants to implement the "911" system, for which counties may 19 be eligible. 20 (3) To provide technical assistance, as requested by the 21 counties, in developing their basic "911" system. Each "911" 22 plan shall be designed to meet the individual circumstances 23 of each community and the public agencies participating in 24 the "911" system. 25 (4) To establish and promulgate guidelines by which the 26 counties are to submit their respective plans and minimum 27 standards for all county plans. To receive, review and 28 approve or disapprove all basic "911" system county plans, 29 either on an initial application basis, expansion of an 30 approved plan or renewal of an existing plan. 19830S0766B0890 - 3 -
1 (5) To forward the approved county plan and a suggested 2 contribution rate to the Public Utility Commission. If the 3 plan is rejected, it shall be returned to the unit which 4 shall revise the plan to meet the Public Utility Commission 5 objections. 6 (6) To provide technical assistance to county 7 governments to publicize the implementation of "911" 8 throughout the area. 9 Section 5. Counties. 10 The governing body of the counties shall have the following 11 powers and duties in relation to the "911" system: 12 (1) To designate a member of county government as a 13 coordinator who shall serve as a point of contact with the 14 unit to develop a plan for the implementation, operation and 15 maintenance of a "911" system. The county plan shall be 16 adequate to provide service for the entire county at the time 17 it is submitted for approval to the unit. 18 (2) To make arrangements with each telephone company 19 operating within the county's jurisdiction to provide "911" 20 service. To send a copy of the proposed plan to the 21 appropriate telephone company upon submission of the plan to 22 the unit. 23 (3) To cooperate with the unit in preparation and 24 submission of the approved plan and contribution rate to the 25 Public Utility Commission for rate approval. 26 (4) To submit the question to the voters of the county 27 for approval of whether or not to establish the approved 28 "911" plan in the county. 29 (5) To execute all contracts, mutual aid agreements, 30 cross service agreements and all other necessary documents 19830S0766B0890 - 4 -
1 which may be required in the implementation of the county 2 plan. When an individual physically resides in an adjacent 3 county, but receives telephone service from a central office 4 in a county which provides 911 service, it shall be the 5 responsibility of the county with the 911 service to notify 6 the appropriate public agency of a request for emergency 7 service from such an individual. 8 Section 6. County plan; procedure; funding. 9 (a) Minimum standards.--Upon the agreement of the governing 10 authority to establish a "911" system, a plan shall be drafted 11 meeting those minimum standards outlined by the unit. The county 12 may obtain technical assistance from the unit in formulating its 13 plan. 14 (b) Completion.--Upon completion of the plan, it shall be 15 forwarded to the unit, with a copy of the plan being sent to 16 those telephone companies affected by the plan. 17 (c) Contribution rate.--The unit shall have 90 days to 18 review the plan and make suggested revisions of the plan. After 19 the 90-day period, the unit must accept or reject the plan and 20 formulate a rate of contribution to fund the ongoing monthly 21 charges for the system. The contribution rate shall be based on 22 the number of telephone subscribers serviced within the county. 23 (d) Public Utility Commission review.--The unit shall 24 forward the plan to the Public Utility Commission with the 25 estimated cost of the plan and a requested contribution rate. 26 The Public Utility Commission shall be able to review the plan 27 only in relation to the contribution rate, and may reject only 28 those contribution rates which it finds excessive to meet the 29 costs outlined in the plan. The rates shall be reviewed and 30 returned by the Public Utility Commission within 30 days of the 19830S0766B0890 - 5 -
1 date of submission. If the plan is rejected, it shall be 2 returned to the unit. 3 (e) Submission to voters.--Once the plan is approved by the 4 unit and reviewed by the Public Utility Commission pursuant to 5 this section, it shall be submitted to the voters pursuant to 6 section 7. 7 (f) Present systems.--Those counties which presently have 8 basic "911" systems and wish to receive funding shall be 9 required to file a plan with the unit describing the present 10 system and any immediate expansion or change anticipated with 11 respect to the "911" system for which funding is required. Such 12 plan shall be treated in the same manner as if it were a plan to 13 create a new system. If a county presently has a "911" system 14 and does not desire to obtain funding under the provisions of 15 this act, the county shall submit a report to the unit every 16 four years describing its system and stating its operational 17 aims. 18 (g) Regional systems.--Nothing in this act shall be 19 construed to prohibit the formation of multijurisdictional or 20 regional "911" systems and any system established pursuant to 21 this act may include the territory of more than one county or 22 may include a segment of the territory of a county. It shall not 23 be necessary for two counties who have received voter approval 24 to submit the question for a multijurisdictional system. 25 (h) Contribution rate fixed.--Once a plan has been approved 26 by the voters and established, the contribution rate shall 27 remain fixed for a period of four years. Substantial expansion 28 or change of the system shall require an amended plan to be 29 filed with the unit. Requests for contribution rate increases 30 shall be submitted on a four-year basis to the unit and the 19830S0766B0890 - 6 -
1 Public Utility Commission but shall not require voter approval. 2 (i) Assessment.--The moneys collected shall be utilized only 3 to pay for the operation of a basic "911" system and may be 4 assessed after the execution of a contract but no earlier than 5 90 days prior to the operation of "911" service. 6 Section 7. Submission to voters for approval. 7 Before any county may establish a "911" system and impose an 8 emergency telephone contribution under the provisions of this 9 act, it shall submit a proposal to county voters for their 10 approval. The ballot shall contain, but need not be limited to, 11 the following language: 12 Shall the County of (name) establish an emergency "911" 13 telephone service system and impose a contribution upon 14 individuals to finance such service? 15 If a majority of the votes cast on the proposal by the qualified 16 voters voting thereon are in favor of the proposal, the county 17 shall establish the service and impose the contribution allowed 18 by the provisions of this act. If a majority of the votes cast 19 on the proposal are opposed to the proposal, the county 20 submitting the proposal shall not be allowed to implement the 21 provisions of this act until it has again submitted such 22 proposal to its qualified voters and a majority of the votes 23 cast are in favor of the proposal. 24 Section 8. Collection of contribution. 25 (a) Subscriber's contribution.--The telephone company 26 operating within the county shall collect the contribution from 27 the subscriber and forward the collection quarterly to the 28 county treasurer or his designee. The amount of the subscriber's 29 contribution shall be stated separately in the subscriber's 30 telephone billing. The telephone company shall retain 1% of 19830S0766B0890 - 7 -
1 gross receipts collected as cost of administration. 2 (b) Restricted account.--The county treasurer or his 3 designee shall deposit the moneys received in a restricted 4 account used for the sole purpose of monthly recurring charges 5 billed for the basic "911" system. The governing body of the 6 political entity involved shall make an annual appropriation 7 from such account for the "911" system and shall retain 1% of 8 the gross receipts collected to cover their administrative 9 costs. 10 (c) Collection enforcement.--Nothing in this act shall 11 impose any obligation upon a telephone company to take legal 12 action to enforce collection of the contribution imposed by this 13 section. The telephone company shall provide the county with a 14 list of amounts uncollected along with the names and addresses 15 of the telephone subscribers who have not paid the contribution. 16 Section 9. Penalty. 17 Any person who intentionally calls the "911" emergency number 18 for other than emergency purposes commits a misdemeanor of the 19 third degree. 20 Section 10. Repeal. 21 Act of April 28, 1978 (P.L.90, No.42), known as the Emergency 22 Telephone Act, is repealed. 23 Section 11. Effective date. 24 This act shall take effect immediately. B1L35RZ/19830S0766B0890 - 8 -