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SENATE AMENDED
PRIOR PRINTER'S NO. 973
PRINTER'S NO. 2086
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
859
Session of
2019
INTRODUCED BY BARRAR, SAINATO, DeLUCA, FARRY, GILLEN, HILL-
EVANS, JAMES, MILLARD, NEILSON, PICKETT, QUINN, READSHAW,
RYAN, SAYLOR, WHEELAND, ZIMMERMAN, KORTZ AND DELLOSO,
MARCH 18, 2019
SENATOR REGAN, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, IN
SENATE, AS AMENDED, JUNE 11, 2019
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in 911 emergency communication
services, further providing for counties DEFINITIONS, FOR
TELECOMMUNICATIONS MANAGEMENT, FOR COUNTIES, FOR FUND, FOR
TELEPHONE RECORDS, for inventory and for termination OF
CHAPTER.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5304(c), 5314(a) and (c) and 5398 of
Title 35 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 5304. Counties.
* * *
SECTION 1. THE DEFINITIONS OF "911 SYSTEM" AND "PUBLIC
SAFETY ANSWERING POINT" OR "PSAP" IN SECTION 5302 OF TITLE 35 OF
THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
§ 5302. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
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SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"911 SYSTEM." A SYSTEM CAPABLE OF RECEIVING AND PROCESSING A
911 COMMUNICATION THROUGHOUT A DEFINED GEOGRAPHIC AREA. THE TERM
SHALL INCLUDE A [CITY,] COUNTY[,] OR COUNTY-BASED REGIONAL 911
SYSTEM OR A PSAP.
* * *
"PUBLIC SAFETY ANSWERING POINT" OR "PSAP." THE AGENCY-
APPROVED ENTITY THAT RECEIVES 911 COMMUNICATIONS FROM A DEFINED
GEOGRAPHIC AREA AND PROCESSES THOSE CALLS ACCORDING TO A
SPECIFIC OPERATIONAL POLICY. THE TERM SHALL REFER TO A COUNTY OR
COUNTY-BASED REGIONAL 911 SYSTEM.
* * *
SECTION 2. SECTION 5303(A)(15) AND (B)(1), (3) AND (4) OF
TITLE 35 ARE AMENDED TO READ:
§ 5303. TELECOMMUNICATIONS MANAGEMENT.
(A) POWERS AND DUTIES OF AGENCY.--THE AGENCY SHALL HAVE THE
FOLLOWING POWERS AND DUTIES:
* * *
(15) TO ADOPT, IN CONSULTATION WITH THE BOARD, MINIMUM
TRAINING [AND], CERTIFICATION AND QUALITY ASSURANCE STANDARDS
FOR EMERGENCY DISPATCHERS, CALL TAKERS AND SUPERVISORS.
* * *
(B) ESTABLISHMENT OF 911 BOARD.--THERE IS ESTABLISHED A
BOARD WITHIN THE AGENCY TO BE KNOWN AS THE 911 BOARD. THE BOARD
SHALL BE COMPRISED OF THE FOLLOWING:
(1) THE FOLLOWING STATE OFFICIALS, WHO SHALL SERVE AS
VOTING MEMBERS:
(I) THE DIRECTOR OF THE AGENCY, WHO SHALL ACT AS
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CHAIRPERSON.
(II) THE STATE 911 COORDINATOR.
(III) THE COMMISSIONER OF THE PENNSYLVANIA STATE
POLICE.
(IV) THE CHAIRMAN OF THE VETERANS AFFAIRS AND
EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE.
(V) THE MINORITY CHAIRMAN OF THE VETERANS AFFAIRS
AND EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE.
(VI) THE CHAIRMAN OF THE VETERANS AFFAIRS AND
EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES.
(VII) THE MINORITY CHAIRMAN OF THE VETERANS AFFAIRS
AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES.
(VIII) THE STATE FIRE COMMISSIONER.
(IX) THE CHAIRPERSON OF THE STATE GEOSPATIAL
COORDINATING BOARD.
* * *
(3) A REPRESENTATIVE FROM THE FOLLOWING STATE AGENCIES,
WHO SHALL SERVE AS NONVOTING MEMBERS, TO BE APPOINTED BY THE
CHIEF EXECUTIVE OR ADMINISTRATIVE OFFICER OF EACH AGENCY:
(I) THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.
[(II) THE OFFICE OF THE STATE FIRE COMMISSIONER.]
(III) THE GOVERNOR'S OFFICE OF ADMINISTRATION.
(4) A REPRESENTATIVE FROM THE FOLLOWING STATEWIDE
ASSOCIATIONS, WHO SHALL SERVE AS NONVOTING MEMBERS:
(I) THE PENNSYLVANIA CHIEFS OF POLICE ASSOCIATION.
(II) THE FRATERNAL ORDER OF POLICE.
(III) THE PENNSYLVANIA EMERGENCY HEALTH SERVICES
COUNCIL.
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(IV) THE PENNSYLVANIA FIRE AND EMERGENCY SERVICES
INSTITUTE.
(V) THE ASSOCIATION OF PUBLIC-SAFETY COMMUNICATIONS
OFFICIALS.
(VI) THE PENNSYLVANIA CHAPTER OF THE NATIONAL
EMERGENCY NUMBER ASSOCIATION.
(VII) THE KEYSTONE EMERGENCY MANAGEMENT ASSOCIATION.
(VIII) THE PENNSYLVANIA PROFESSIONAL FIRE FIGHTERS
ASSOCIATION.
(IX) THE FIREMEN'S ASSOCIATION OF THE STATE OF
PENNSYLVANIA.
(X) THE PENNSYLVANIA WIRELESS ASSOCIATION.
(XI) THE PENNSYLVANIA TELEPHONE ASSOCIATION.
(XII) THE BROADBAND CABLE ASSOCIATION OF
PENNSYLVANIA.
(XIII) THE PENNSYLVANIA MUNICIPAL LEAGUE.
(XIV) THE PENNSYLVANIA STATE ASSOCIATION OF
BOROUGHS.
(XV) THE PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP
SUPERVISORS.
(XVI) THE PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP
COMMISSIONERS.
(XVII) THE AMBULANCE ASSOCIATION OF PENNSYLVANIA.
(XVIII) THE PENNSYLVANIA ASSOCIATION OF COUNCILS OF
GOVERNMENTS.
* * *
SECTION 3. SECTION 5304(C) OF TITLE 35 IS AMENDED AND
SUBSECTION (A) IS AMENDED BY ADDING A PARAGRAPH TO READ:
§ 5304. COUNTIES.
(A) POWERS AND DUTIES.--EACH COUNTY SHALL HAVE THE FOLLOWING
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POWERS AND DUTIES IN RELATION TO A 911 SYSTEM:
* * *
(10) TO MAKE REASONABLE EFFORTS TO ENSURE REQUIRED
GEOGRAPHIC INFORMATION SYSTEM (GIS) INFORMATION IS AVAILABLE
AND MAINTAINED TO SUPPORT NEXT GENERATION 911 CALL DELIVERY.
THE FOLLOWING APPLY:
(I) COUNTIES MUST COOPERATE WITH EACH OTHER TO
DEVELOP THE PSAP BOUNDARY, EMERGENCY SERVICE BOUNDARY,
PROVISIONING BOUNDARY AND ROAD CENTERLINE DATA SETS.
(II) COUNTIES SHALL SHARE GIS DATA NEEDED TO SUPPORT
GEOSPATIAL CALL ROUTING.
[(c) Cities of second class, second class A and third
class.--A city of the second class, second class A or third
class that has established a 911 system prior to September 4,
1990, may exercise the powers and duties of counties under this
chapter or may join a county or regional PSAP.]
SECTION 4. SECTIONS 5306.1(D)(2), 5309(A), 5314(A) AND (C)
AND 5398 OF TITLE 35 ARE AMENDED TO READ:
§ 5306.1. FUND.
* * *
(D) DISTRIBUTION.--WITHIN 30 DAYS AFTER THE END OF EACH
QUARTER, THE AGENCY SHALL DETERMINE THE AMOUNT AVAILABLE FROM
THE FUND FOR DISTRIBUTION AND MAKE DISBURSEMENTS IN ACCORDANCE
WITH THE STATEWIDE 911 PLAN AND THIS CHAPTER AND IN ACCORDANCE
WITH THE FOLLOWING:
* * *
(2) UP TO 15% OF THE AMOUNT IN THE FUND SHALL BE USED BY
THE AGENCY TO ESTABLISH, ENHANCE, OPERATE OR MAINTAIN
STATEWIDE INTERCONNECTIVITY OF 911 SYSTEMS, INCLUDING, BUT
NOT LIMITED TO, THE USE OR OBLIGATIONS OF MONEY FOR DEBT
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SERVICE RELATED TO REGIONAL OR STATEWIDE INTERCONNECTIVITY.
MONEY UNDER THIS PARAGRAPH MAY ALSO BE USED TO PURCHASE A
STATEWIDE SYSTEM DESIGNED TO ALLOW INDIVIDUALS TO IDENTIFY
THEIR PHONE NUMBERS AS ASSOCIATED WITH A PERSON WITH A
PHYSICAL DISABILITY, SO THAT WHEN AN INDIVIDUAL MAKES A 911
CALL, THE PSAP HAS THIS INFORMATION.
* * *
§ 5309. TELEPHONE RECORDS.
(A) ACCESS.--A TELEPHONE SERVICE SUPPLIER SHALL PROVIDE
CUSTOMER TELEPHONE NUMBERS, NAMES AND SERVICE ADDRESSES TO PSAPS
WHEN REQUESTED BY THEM FOR USE IN RESPONDING TO 911 CALLS AND
FOR THE SYNCHRONIZATION OF REQUIRED GEOGRAPHIC INFORMATION
SYSTEM (GIS) DATABASE LAYERS FOR GEOSPATIAL CALL ROUTING WITH
THE MASTER STREET ADDRESS GUIDE, THE ALI DATA AND SITE AND
STRUCTURE LOCATIONS AND, WHEN REQUIRED, TO PROVIDERS OF
EMERGENCY NOTIFICATION SERVICES AND EMERGENCY SUPPORT SERVICES,
SOLELY FOR THE PURPOSES OF DELIVERING OR ASSISTING IN THE
DELIVERY OF EMERGENCY NOTIFICATION SERVICES AND EMERGENCY
SUPPORT SERVICES. A WIRELESS PROVIDER SHALL PROVIDE THE
TELEPHONE NUMBER AND GEOGRAPHICAL LOCATION OF THE WIRELESS
DEVICE, AS REQUIRED UNDER THE FCC E-911 ORDER, TO PSAPS WHEN
REQUESTED BY THEM FOR USE IN RESPONDING TO 911 CALLS. CUSTOMER
TELEPHONE NUMBERS, NAMES AND SERVICE ADDRESSES, AND TELEPHONE
NUMBERS AND GEOGRAPHICAL LOCATIONS OF WIRELESS DEVICES, SHALL
REMAIN THE PROPERTY OF THE DISCLOSING SERVICE SUPPLIER. THE
TOTAL COST OF THE 911 SYSTEM SHALL INCLUDE EXPENSES TO REIMBURSE
TELEPHONE SERVICE SUPPLIERS FOR PROVIDING AND MAINTAINING 911
INFORMATION. A TELEPHONE SERVICE SUPPLIER SHALL NOT BE
REIMBURSED DIRECTLY FROM THE FUND FOR PROVIDING AND MAINTAINING
911 INFORMATION. THIS INFORMATION SHALL BE USED ONLY IN
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PROVIDING EMERGENCY RESPONSE SERVICES TO A 911 CALL,
SYNCHRONIZING MASTER STREET ADDRESS GUIDE, ALI AND GIS DATA SETS
OR FOR PURPOSES OF DELIVERING OR ASSISTING IN THE DELIVERY OF
EMERGENCY NOTIFICATION SERVICES OR EMERGENCY SUPPORT SERVICES. A
PERSON WHO USES OR DISCLOSES ANI/ALI DATABASE INFORMATION FOR
PURPOSES OTHER THAN PROVIDING EMERGENCY RESPONSE SERVICES TO A
911 CALL, DELIVERING OR ASSISTING IN THE DELIVERY OF EMERGENCY
NOTIFICATION SERVICES COMMITS A MISDEMEANOR OF THE THIRD DEGREE.
* * *
§ 5314. Inventory.
(a) Comprehensive inventory required.--The agency, in
consultation with the board, shall [conduct] maintain and update
on a biennial basis a comprehensive inventory of each county
PSAP's facilities, hardware, software, communications
infrastructure, network capabilities and related equipment and
services procured to determine the status of each PSAP's 911
system's stage of advancement to NG911.
* * *
(c) Counties to cooperate.--Counties shall cooperate with
the agency by providing the information identified in this
section and other information deemed necessary by the agency to
complete an inventory as required under subsection (a). Counties
that do not provide the information requested by the agency
within 45 days of the request shall be suspended from any grant
or funding program or be required to forfeit fund disbursements.
[The agency, in consultation with the board and the Governor's
Interoperability Council, shall complete the inventory and issue
a report detailing its findings and recommendations to the
General Assembly by March 31, 2016. The agency shall be
responsible for maintaining and updating the inventory on a
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biannual basis.]
§ 5398. Termination.
This chapter shall expire [June 30, [2019] 2023 JANUARY 31,
2024.
Section 2 5. This act shall take effect immediately.
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