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SENATE AMENDED
A02041
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
911
Session of
2015
INTRODUCED BY BARRAR, SAINATO, BOBACK, CAUSER, COHEN, DELOZIER,
EVERETT, GREINER, HACKETT, HARKINS, A. HARRIS, JAMES,
JOZWIAK, MALONEY, MARSHALL, McGINNIS, MENTZER, MILLARD, RAPP,
ROZZI, SACCONE, TALLMAN, PETRI, TOOHIL, FARRY, PASHINSKI,
RADER, DAVIDSON, MAHONEY, WARNER AND REGAN, APRIL 13, 2015
SENATOR BROWNE, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 9, 2015
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statues STATUTES, further providing for
emergency telephone service; AND ESTABLISHING THE 911 FUND.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Chapter 53 of Title 35 of the
Pennsylvania Consolidated Statutes is amended to read:
CHAPTER 53
[EMERGENCY TELEPHONE SERVICE] 911 EMERGENCY COMMUNICATION
SERVICES
Section 2. Sections 5302, 5303, 5304, 5304.1, 5305 and 5306
AND 5304.1 of Title 35 are amended to read:
§ 5302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"911 communication." Transmission of information to a PSAP
for the initial reporting of police, fire, medical or other
emergency situation.
"911 communications service." As follows:
(1) A service that allows the two-way transmission,
conveyance or routing of voice, data, audio, video or any
information of signals, including cable and internet protocol
services, to a point or between or among points by or through
any electronic, radio, satellite, cable, optical, microwave
or other medium or method in existence on or after the
effective date of this definition, regardless of protocol
used for the transmission or conveyance, only if that service
is capable of contacting a PSAP by entering or dialing the
digits 911 and is subject to applicable Federal or State
requirements to provide the 911 dialing capability.
(2) The term does not include wireless and Internet-
protocol-enabled services that are exempt from Federal
Communications Commission regulations for 911 communications
service, 911 service and next generation 911 service.
"911 service provider." An entity that provides all or parts
of the network, software applications, databases, CPE
components and operations and management procedures required to
support a 911 system.
"911 system." [A system, including enhanced 911 service, but
excluding a wireless E-911 system, which permits a person
dialing 911 by telephone to be connected to a public safety
answering point, via normal telephone facilities, for the
reporting of police, fire, medical or other emergency
situations.] A system capable of receiving and processing a 911
communication throughout a defined geographic area. The term
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shall include a city, county , regional 911 system or a PSAP.
["Advisory committee." The E-911 Emergency Services Advisory
Committee.]
"Agency." The Pennsylvania Emergency Management Agency.
"ALI." Automatic location information.
"ANI." Automatic number identification.
["Associated with Pennsylvania." The term shall mean:
(1) In the case of the mobile telephone number (MTN),
the geographical location associated with the first six
digits or NPA-NXX of the MTN.
(2) In the case of a customer service address, the
physical location of the address.]
"Automatic location information." [The delivery or receipt
of the street address of the telephone or the geographic
location of the wireless device, as specified in the FCC E-911
Order, being used to place a call to a 911 system or to a
wireless E-911 system.] The delivery or receipt of location
information, including, but not limited to, the street address
or geographic location of a telecommunication device, as
specified in the FCC 911 Order, being used to communicate with a
911 system.
"Automatic number identification." [The delivery or receipt
of the telephone number assigned to the telephone or wireless
device being used to place a call to a 911 system or to a
wireless E-911 system.] The delivery or receipt of a telephone
number assigned to a telecommunication device being used to
communicate with a 911 system.
"Board." The 911 board established under section 5303(b)
(relating to telecommunications management).
"Call." A two-way communication established using a 911
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communications service.
"Call back number." A number used by a public safety
answering point to recontact the location from which a 911 call
was placed. This number may or may not be the number of the
telephone station used to originate the 911 call.
["Commission." The Pennsylvania Public Utility Commission.]
"Communication provider." Any person that offers or provides
communication service to subscribers or consumers for a fee
within this Commonwealth.
"Communication service." Any service that provides to a
subscriber or consumer the capability to initiate, route,
transmit or complete a 911 communication from or through any
telecommunication device that utilizes telephone numbers,
Internet protocol addresses or functional equivalents or
technological successors.
["Competitive local exchange carrier." A local exchange
carrier that has been certificated as a competitive local
exchange carrier by the Pennsylvania Public Utility Commission.]
"Consumer." A person who purchases prepaid wireless
telecommunications service or a prepaid wireless device in a
retail transaction.
["Contribution rate." A fee assessed against a telephone
subscriber for the nonrecurring costs, maintenance and operating
costs of a 911 system.
"Council." The Pennsylvania Emergency Management Council.
"County." The term shall include a city of the first class
coterminous with a county.
"County plan." A document submitted by the county on a
triennial basis to the Pennsylvania Emergency Management Agency
outlining its proposed and existing wireline and wireless 911
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and E-911 systems and procedures, including a contribution rate,
for the forthcoming three years.]
"Department." The Department of Revenue of the Commonwealth.
"Emergency location identification number" or "ELIN." A
valid North American Numbering Plan format telephone number
assigned to a multiline telephone system operator by the
appropriate authority which is used to route the call to a
public safety answering point and is used to retrieve the
automatic location information for the public safety answering
point. The ELIN may be the same number as the automatic number
identification. The North American Numbering Plan number may in
some cases not be a dialable number.
"Emergency notification services." Services provided by
authorized agencies of Federal, State, county or local
governments, or by persons authorized by these governments, that
notify the public[, using] and may use ANI/ALI database
information, of emergencies declared by these governments.
"Emergency response location." A location to which a 911
emergency response team may be dispatched and which is specific
enough to provide a reasonable opportunity for the emergency
response team to quickly locate a caller anywhere within the
location.
"Emergency support services." Information or database
management services provided by authorized agencies of Federal,
State, county or local governments, or by persons authorized by
these governments, that are used in support of PSAPs or
emergency notification services.
"Enhanced 911 service" or ["E-911."] "911." [Emergency
telephone service providing for automatic identification of
caller location and calling number.] Emergency communication
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service providing for automatic identification of caller
location and calling number, which includes network switching,
database and PSAP premise elements capable of providing
automatic location identification data and a call back number.
"FCC [E-911] 911 Order." All of the following:
(1) All orders OR FINAL RULES issued by the Federal
Communications Commission pursuant to the proceeding entitled
"Revision of the Commission's Rules to Ensure Compatibility
with Enhanced 911 Emergency Calling Systems" (CC Docket No.
94-102) codified at 47 CFR § 20.18 (relating to 911 service),
"WIRELESS E-911 LOCATION ACCURACY REQUIREMENTS" CODIFIED AT
47 CFR PT. 20 (RELATING TO COMMERCIAL MOBILE SERVICES) and
any successor proceeding.
(2) Any Federal Communications Commission order that
affects the provision of wireless [E-911] 911 service to
wireless service customers.
"Fund." The [Wireless E-911 Emergency Services Fund.] 911
Fund established under section 5306.1 (relating to fund).
"Hybrid system." A system providing both manual and pooled
access for outgoing calls. During installation, either pooled or
manual access is selected.
"Industry standards." Publicly available technical
requirements or standards adopted by an emergency communications
industry association or standard-setting organization,
including, but not limited to, the National Emergency Number
Association and the Association of Public Safety Communications
Officials International.
"Interconnected Voice over Internet Protocol provider." A
person engaged in the business of providing interconnected VoIP
service to end-use [customers] subscribers in this Commonwealth,
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including resellers.
"Interconnected Voice over Internet Protocol service."
Service as defined by any of the following:
(1) All orders issued by the Federal Communications
Commission pursuant to the proceeding entitled "IP-Enabled
Services" (WC Docket No. 04-36; FCC 05-116), codified at 47
CFR Part 9 (relating to interconnected Voice over Internet
Protocol services), and any successor proceeding.
(2) Any Federal Communications Commission order that
affects the provision of 911 service [or E-911 service] to
VoIP service [customers] subscribers or further defines
interconnected Voice over Internet Protocol service.
"Interconnected Voice over Internet Protocol service
[customer] subscriber." A person who is billed by an
interconnected Voice over Internet Protocol provider, who is the
end user of VoIP service and [who] has designated a [primary]
place of primary use within this Commonwealth.
["Interexchange carrier." A person that is authorized by the
Pennsylvania Public Utility Commission to provide long-distance
telecommunications service.]
"Key telephone system." A type of multiline telephone system
which provides shared access to several outside lines through
buttons or keys, and which has identified access lines with
direct line appearances or terminations on each telephone
station.
"Local exchange carrier." A person[, including a competitive
local exchange carrier, that is authorized by the Pennsylvania
Public Utility Commission to provide local exchange
telecommunications service or exchange access] that provides
local exchange telecommunications service within this
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Commonwealth.
["Local exchange telephone service." The provision of
telephonic message transmission within an exchange, as defined
and described in tariffs filed with and approved by the
Pennsylvania Public Utility Commission.
"Mobile telephone number" or "MTN." The telephone number
assigned to a wireless telephone at the time of initial
activation.
"NPA-NXX." The first six digits of a ten-digit telephone
number, including a mobile telephone number, representing the
area code and exchange of the telephone number.]
"Local exchange telecommunications service." The
transmission of voice messages that originate and terminate
within a prescribed local calling area, INCLUDING SERVICES
subject to REGULATION BY the Pennsylvania Public Utility
Commission.
"Local notification." A system capability where THAT DIRECTS
a call to 911 from a multiline telephone system extension is
directed through the 911 network to a public safety answering
point and simultaneously notifies an attendant or other designee
A DESIGNATED INDIVIDUAL to identify the location of the
telephone that has dialed 911.
"Master street address guide." A database of street names
and house number ranges within the associated communities
defining emergency services zones and their associated emergency
services numbers to enable proper routing of 911 calls.
"Multiline telephone system" or "MLTS." A system comprised
of common control units, telephone sets, control hardware and
software and adjunct systems used to support capabilities,
including, but not limited to, network and premises-based
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systems such as Centrex, VoIP, Hybrid, and Key Telephone Systems
and PBX as classified under 47 CFR § 68.162 (relating to
requirements for telecommunication certification bodies),
whether owned or leased by private individuals and businesses or
by government agencies and nonprofit entities.
"Multiline telephone system (MLTS) manager." The person
authorized to implement a multiline telephone system, either
through purchase or lease of an MLTS or the purchasing of MLTS
services, as the means by which to make 911 calls.
"Multiline telephone system (MLTS) operator." The person
responsible for ensuring that a 911 call placed from a multiline
telephone system is transmitted and received in accordance with
this chapter regardless of the MLTS technology used to generate
the call. The MLTS operator may be the MLTS manager or a third
party acting on behalf of the MLTS manager.
"Next Generation 911" or "NG911." An Internet Protocol (IP)-
based system that allows digital information, including voice,
photos, videos and text messages, to flow seamlessly from the
public, through the 911 network and on to emergency responders.
"Next generation 911 service." 911 service using, in whole
or in part, next generation 911 technology.
"Next generation 911 technology." Equipment, products or
services that enable a PSAP to receive calls for emergency
assistance by voice, text, video, Internet protocol or other
technology authorized by Federal law, regulation or industry
standard. The term includes any new technology with the same or
similar functionality.
"Other emergency communications service." Services covered
by the term as defined in 47 U.S.C. § 615b(8) (relating to
definitions).
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"Other emergency communications service provider." Entities
covered by that term as defined in 47 U.S.C. § 615b(9).
"Pa StarNet." The Commonwealth's Statewide wireless voice
and data network for public safety and 911 communications as
used by Commonwealth agencies, the General Assembly, certain
county and municipal agencies and businesses.
"Person." The term includes a corporation, LLC, a
partnership, an association, the Federal Government, the State
government, a political subdivision, a municipal or other local
authority and a natural person.
"Place of primary use." The street address representative of
where the subscriber's use of the wireless or VoIP service
primarily occurs. For the purpose of the surcharge assessed on a
VoIP service subscriber, place of primary use is the VoIP
service subscriber's registered location on the date the VoIP
service subscriber is billed.
"Prepaid wireless device." [A wireless telephone that is
purchased strictly for the purpose of initiating a prepaid
calling service. The term does not include traditional wireless
devices used for monthly calling plans.] A device that is
purchased with a prepaid wireless telecommunications service and
is strictly used for that purpose.
["Prepaid wireless E-911 surcharge." The charge that is
required to be collected by a seller from a consumer in the
amount established under section 5311.4(b.1) (relating to
Wireless E-911 Emergency Services Fund).]
"Prepaid wireless provider." A person that provides prepaid
wireless telecommunications service [pursuant to a license
issued by the Federal Communications Commission].
"Prepaid wireless telecommunications service." A wireless
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telecommunications service that meets all of the following:
(1) Allows a caller to [dial] transmit the digits 911 to
access [the] a 911 system.
(2) [Is] Must be paid for in advance and sold in
predetermined units or dollars of which the number may or may
not decline with use in a known amount.
["Primary place of use." The street address representative
of where the customer's use of the VoIP service primarily
occurs. For the purpose of VoIP 911 fees, primary place of use
is the customer's registered location on the date the customer
is billed.]
"Private 911 emergency answering point." An answering point
operated by a nonpublic safety entity which provides functional
WHICH :
(1) PROVIDES FUNCTIONAL alternative and adequate means
of signaling and directing responses to emergencies as an
adjunct to public safety responses, trains RESPONSES.
(2) TRAINS individuals intercepting calls for assistance
in accordance with applicable local emergency
telecommunications requirements and provides REQUIREMENTS.
(3) PROVIDES incident reporting to the public safety
emergency response centers in accordance with State and local
requirements.
"Private branch exchange" or "PBX." A private telephone
network switch that is connected to a publicly switched
telephone network.
"Provider." A person that provides service to the public for
a fee that includes 911 communications service, including, but
not limited to, a local exchange carrier, a wireless provider, a
prepaid wireless provider, a VoIP provider or a provider of next
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generation 911 or successor services.
["PSAP." A public safety answering point.]
"Public agency." Any of the following:
(1) The Commonwealth.
(2) A political subdivision, public authority or
municipal authority.
(3) An organization located in whole or in part within
this Commonwealth which provides or has the authority to
provide firefighting, law enforcement, ambulance, emergency
medical or other emergency services.
"Public safety answering [point."] point" or "PSAP." The
agency-approved [first point at which calls for emergency
assistance from individuals are answered and which is operated
24 hours a day.] entity that receives 911 communications from a
defined geographic area and processes those calls according to a
specific operational policy.
"Public switched telephone network." The network of
equipment, lines and controls assembled to establish
communication paths between calling and called parties in North
America.
"Regional." A geographic area that includes more than one
county.
"Regional ESiNET." An Internet Protocol-based system which
consists of managed networks, shared applications and the
ability to replicate emergency 911 features and functions.
"Regionalization of technology." The adoption of technology
that increases the efficiency of a 911 system by allowing
multiple PSAPs to use the same equipment or service.
"Retail transaction." The purchase of prepaid wireless
telecommunications service or a prepaid wireless device bundled
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with prepaid wireless telecommunications service from a seller
for any purpose other than resale.
"Seller." A person who sells prepaid wireless
telecommunications service or a prepaid wireless device bundled
with prepaid wireless telecommunications service to another
person.
"Shared residential MLTS service." The use of a multiline
telephone system to provide service to residential facilities
even if the service is not delineated for purposes of billing.
For purposes of this definition, residential facilities shall be
liberally construed to mean single family and multifamily
facilities.
"Shared telecommunications services." The provision of
telecommunications and information management services and
equipment within a user group located in discrete private
premises in building complexes, campuses or high-rise buildings
by a commercial shared services provider or by a user
association through privately owned subscriber premises
equipment and associated data processing and information
management services, including the provision of connections to
the facilities of a local exchange carrier and to interexchange
carriers.
"Subscriber." A person who contracts with and is billed by a
provider within this Commonwealth for a 911 communications
service. In the case of wireless service, the term shall mean a
person who contracts with a provider if the person's place of
primary use is within this Commonwealth.
"Successor service." A successor technology to next
generation 911 technology that provides the same or similar
functionality.
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"Telecommunications." The term shall have the meaning given
to it in 47 U.S.C. § 153(50) (relating to definitions).
"Telecommunications carrier." Any provider of
telecommunications services as defined by the Telecommunications
Act of 1996 (Public Law 104-104, 110 Stat. 56).
"Telecommunication device" or "device." Any equipment or
item made or adapted for use by a subscriber or consumer to
initiate, route or transmit 911 communications using a 911
communications service.
["Telephone subscriber." A person who contracts with a local
exchange carrier within this Commonwealth for residential or
commercial local exchange telephone service. If the same person
has several telephone dial tone access lines, each dial tone
access line shall constitute a separate subscription. For
purposes of the contribution rate, the term shall not include
pay stations owned or operated by a regulated public utility, or
nonpublic utilities as the term is used in 66 Pa.C.S. § 2913(b)
(relating to minimum service requirement).]
"Temporary residence." A facility such as a dormitory,
hotel, motel or health care or nursing home FACILITY." A
DORMITORY, HOTEL, MOTEL, HEALTH CARE FACILITY, LONG-TERM CARE
FACILITY, NURSING HOME OR OTHER FACILITY AS DETERMINED BY THE
AGENCY that provides temporary occupancy for transient TO
TEMPORARY residents and that is served by a multiline telephone
system.
"Uniform 911 surcharge" or "surcharge." The fee assessed to
a subscriber or consumer as provided for under this chapter.
"Vendor." A person [other than a local exchange carrier or a
wireless provider] who supplies 911 [or wireless E-911] system
services or equipment to enable the transmission of a 911
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communication to a PSAP or to support a 911 system or a
consultant representing the person, county or PSAP.
"VoIP provider." Interconnected Voice over Internet Protocol
provider.
"VoIP service." Interconnected Voice over Internet Protocol
service.["]
"VoIP service [customer] subscriber." An Interconnected
Voice over Internet Protocol service [customer] subscriber.
"Wireless [E-911] 911 service." [Service] 911 communications
service provided by a wireless provider, pursuant to the FCC [E-
911] 911 Order, including text-to-911 or any successor
requirements.
["Wireless E-911 State plan." A document to be prepared,
maintained and kept current by the Pennsylvania Emergency
Management Agency providing for all aspects of the development,
implementation, operation and maintenance of a Statewide
integrated wireless E-911 system, including the exclusive
authority to formulate technical standards and determine
permitted uses of and amounts disbursed from the Wireless E-911
Emergency Services Fund.
"Wireless E-911 surcharge." A monthly fee assessed upon each
wireless service customer, other than a prepaid wireless seller,
provider or consumer, subject to the prepaid wireless E-911
surcharge under section 5311.4(b.1) (relating to Wireless E-911
Emergency Services Fund), for each wireless two-way
communication device for which that customer is charged by a
wireless provider for wireless service.
"Wireless E-911 system." An E-911 system which permits
wireless service customers dialing 911 to be connected to a
public safety answering point for the reporting of police, fire,
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medical or other emergency situations.]
"Wireless provider." A person engaged in the business of
providing wireless service to end-use [customers] subscribers in
this Commonwealth, including resellers.
"Wireless service." Commercial mobile radio service as
defined under section 332(d) of the Communications Act of 1934
(48 Stat. 1604, 47 U.S.C. § 332(d)) which provides real-time,
two-way voice service that is interconnected with the public
switched telephone network. The term does not include prepaid
wireless telecommunications service.
"Wireless service customer." A person who is billed for
wireless service by a wireless provider or who [receives]
purchases prepaid wireless [telephone] telecommunications
service [from a wireless provider for wireless service] within
this Commonwealth.
"Workspace." The physical building area where work is
normally performed. This is a net square footage measurement
which includes hallways, conference rooms, restrooms and break
rooms, but does not include wall thickness, shafts, heating
equipment spaces, ventilating equipment spaces, air conditioning
equipment spaces, mechanical spaces, electrical spaces or
similar areas where employees do not normally have access.
§ 5303. Telecommunications management.
(a) Powers and duties of agency.--The agency shall have the
following powers and duties:
(1) To adopt rules and regulations [pursuant to] as
necessary to enforce this chapter [and promulgate, adopt,
publish and use guidelines for the implementation of this
chapter. Rules, regulations and guidelines]. Rules and
regulations proposed under the authority of this section
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shall be subject to review by the General Counsel and the
Attorney General in the manner provided for the review of
proposed rules and regulations pursuant to the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act, and the act of June 25, 1982 (P.L.633,
No.181), known as the Regulatory Review Act.
(2) To [establish] publish guidelines and application
procedures for the [establishment of contribution rates]
collection and distribution of fees collected under this
chapter.
(3) To receive, review and approve or disapprove all 911
system [county] plans in accordance with standards developed
in consultation with the board.
[(4) To forward a copy of each county plan application
to the council and the commission for their review as
required under this chapter.
(5) To submit an annual report not later than March 1 of
each year to the Governor and the General Assembly, which
plan includes at least the following:
(i) The extent to which 911 systems currently exist
in this Commonwealth.
(ii) Those counties which have completed
installation, and the costs and expenses for
installation.
(iii) An anticipated schedule for installing a 911
system on a county basis for that year.
(6) To establish minimum training and certification
standards for emergency dispatchers, call takers and
supervisors.
(7) To establish technical standards for the county
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plans.
(8) To establish standards for performance review and
quality assurance programs for 911 systems to ensure public
safety and improve the performance of 911 systems.
(9) To establish standards for accuracy of 911 database
systems.
(10) To establish a program of communication between the
agency and county 911 coordinators for the purpose of sharing
information among counties and to develop recommendations to
improve 911 systems throughout this Commonwealth.
(11) To prescribe, in cooperation with the council and
the commission, the applications and forms necessary to carry
out the provisions of this chapter.
(12) To take the actions necessary to implement,
administer and enforce the provisions of this chapter.]
(4) To establish, in consultation with the board, a
S tatewide 911 plan that sets forth priorities for 911 systems
in this Commonwealth and plans for next generation 911
technology.
(5) To designate a S tate 911 coordinator who shall be an
employee of the agency.
(6) To provide administrative and support staff to the
board as necessary.
(7) To establish formulas and methods to distribute
money in accordance with section 5306.1 (relating to fund) in
consultation with the board .
(8) To establish and publish annually uniform standards
relating to technology, next generation 911 technology,
administration and operation of 911 systems in consultation
with the board.
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(9) To cooperate with county and regional 911 systems to
develop interconnectivity of 911 systems through the
establishment, enhancement, operation and maintenance of an
Internet protocol network.
(10) To establish and publish annually, in consultation
with the board, eligible uses for money received under this
chapter, including next generation 911 technology.
(11) To request information and require audits or
reports relating to program compliance from any entity
remitting the surcharge to or receiving disbursements from
the fund.
(11.1) To subpoena witnesses, administer oaths, examine
witnesses, take such testimony and compel the production of
such books, records, papers and documents as it may deem
necessary or proper in and pertinent to any proceeding,
investigation or hearing.
(12) To require a biennial performance audit of each 911
system's use of money from the f und, including allocations to
capital or operating reserves.
(13) To prescribe the applications and forms necessary
to enforce this chapter.
(14) To report to the General Assembly annually on the
revenue and distributions from the fund for the previous
fiscal year and the compliance with the Commonwealth's 911
priorities.
(15) To adopt, in consultation with the board, minimum
training and certification standards for emergency
dispatchers, call takers and supervisors.
(16) TO DEVELOP, IN CONSULTATION WITH THE BOARD, A
COMPREHENSIVE PLAN FOR THE IMPLEMENTATION OF A STATEWIDE
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INTEROPERABLE INTERNET PROTOCOL NETWORK USING NEXT GENERATION
911 TECHNOLOGY THAT COORDINATES THE DELIVERY OF FEDERAL,
STATE, REGIONAL AND LOCAL EMERGENCY SERVICES.
(16) (17) To enforce this chapter through injunction,
mandamus or other appropriate proceeding.
(17) (18) To take other actions necessary to implement
and enforce this chapter.
(b) [Powers and duties of council.--The council shall have
the following powers and duties:
(1) To review all county plans, including the initial
application forwarded by the agency for conformity to the
minimum standards.
(2) To review county plans to determine if equipment
conforms to the technical standards.
(3) To recommend approval of plans or indicate
deficiencies in plans to the agency.
(c) Powers and duties of commission.--The commission shall
have the following powers and duties:
(1) Review the contribution rate requested by the county
based on the costs of the plan.
(2) Approve or modify the contribution rate requested by
the county and forward its decision to the agency.]
Establishment of 911 board.--There is established a board
within the agency to be known as the 911 board. The following
shall apply:
(1) The board shall be comprised of the following
persons:
(i) The chairman and minority chairman of the
Veterans Affairs and Emergency Preparedness Committee of
the Senate and the chairman and minority chairman of the
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Veterans Affairs and Emergency Preparedness Committee of
the House of Representatives or their designees.
(ii) The director of the agency, who shall act as
chairperson.
(iii) The State 911 coordinator.
(iv) Four county commissioners or home rule
equivalent.
(v) Four county or regional 911 coordinators.
(vi) Four representatives of communication service
providers, including one local exchange carrier, one VoIP
provider and two wireless providers.
(vii) One representative of the Pennsylvania State
Police, who shall serve as a nonvoting member.
(2) The Governor shall appoint the board members under
paragraph (1)(iv), (v), (vi) and (vii) upon the
recommendation of Statewide organizations and industry
segments. Recommendations for appointments under paragraph
(1)(iv) shall be requested by the Governor from the County
Commissioners Association of Pennsylvania and recommendations
for appointments under paragraph (1)(v) shall be requested by
the Governor from the State chapters of the National
Emergency Number Association and the Association of Public
Communications Officials. The following shall apply:
(i) Members under paragraph (1)(iv), (v) and (vi)
are appointed to terms of two years and may serve no more
than three consecutive terms.
(ii) The Statewide organizations shall ensure that
nominees are sufficiently proficient in 911 policies,
operations and technologies and that the nominees provide
a diverse representation from the western, central and
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eastern regions of this Commonwealth.
(iii) The Governor shall make the initial
appointments of members under paragraph (1)(iv), (v),
(vi) and (vii) within 90 days of the effective date of
this subparagraph. Initial terms for members appointed
under paragraph (1)(iv), (v) and (vi) shall be divided
between one year and two year terms.
(iv) The Governor may remove an appointed member of
the board for cause upon written notice to the board.
(v) A member's nonparticipation in three consecutive
board meetings may be considered cause for removal.
(3) Twelve members of the board shall constitute a
quorum. When a quorum is present, three-fourths consent of
members present and voting is required for any action of the
board.
(4) The board shall meet at least once quarterly and at
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
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
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REPRESENTATIVES.
(VII) THE MINORITY CHAIRMAN OF THE VETERANS AFFAIRS
AND EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES.
(2) THE FOLLOWING LOCAL OFFICIALS, WHO SHALL SERVE AS
VOTING MEMBERS:
(I) THE MAYOR OF A CITY OF THE FIRST CLASS.
(II) A COUNTY COMMISSIONER EXECUTIVE OF A COUNTY OF
THE SECOND CLASS , OR A HOME RULE EQUIVALENT .
(III) A COUNTY COMMISSIONER OF A COUNTY OF THE
SECOND CLASS A, OR A HOME RULE EQUIVALENT.
(IV) A COUNTY COMMISSIONER OF A COUNTY OF THE THIRD
OR FOURTH CLASS, OR ITS HOME RULE EQUIVALENT.
(V) TWO COUNTY COMMISSIONERS OF A COUNTY OF THE
FIFTH, SIXTH, SEVENTH OR EIGHTH CLASS, OR A HOME RULE
EQUIVALENT.
(VI) THE 911 COORDINATOR OF A CITY OF THE FIRST
CLASS.
(VII) THE 911 COORDINATOR OF A COUNTY OF THE SECOND
CLASS.
(VIII) THE 911 COORDINATOR OF A COUNTY OF THE SECOND
CLASS A.
(IX) THE 911 COORDINATOR OF A COUNTY OF THE THIRD OR
FOURTH CLASS.
(X) TWO 911 COORDINATORS OF A COUNTY OF THE FIFTH,
SIXTH, SEVENTH OR EIGHTH CLASS.
(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.
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(II) THE OFFICE OF THE STATE FIRE COMMISSIONER.
(III) THE TREASURY DEPARTMENT.
(IV) THE PENNSYLVANIA GAME COMMISSION.
(V) THE PENNSYLVANIA FISH AND BOAT COMMISSION.
(VI) (III) THE GOVERNOR'S OFFICE OF ADMINISTRATION.
(VII) THE DEPARTMENT OF CORRECTIONS.
(VIII) THE DEPARTMENT OF HUMAN SERVICES.
(IX) THE OFFICE OF ATTORNEY GENERAL.
(X) THE PENNSYLVANIA COMMISSION ON CRIME AND
DELINQUENCY.
(XI) THE DEPARTMENT OF HEALTH.
(XII) THE DEPARTMENT OF MILITARY AND VETERANS
AFFAIRS.
(XIII) THE OFFICE OF CONSUMER ADVOCATE.
(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.
(IV) THE PENNSYLVANIA PUBLIC TRANSPORTATION
ASSOCIATION 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
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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.
(5) A MEMBER OF THE GENERAL PUBLIC, WHO SHALL SERVE AS A
NONVOTING MEMBER.
(B.1) DESIGNEE.--A VOTING MEMBER OF THE BOARD MAY APPOINT A
DESIGNEE WHO MUST BE AN EMPLOYEE OF THE SAME AGENCY OR
ORGANIZATION AS THE VOTING MEMBER TO ATTEND MEETINGS.
(B.2) GUBERNATORIAL APPOINTEES.--THE GOVERNOR SHALL APPOINT
THE BOARD MEMBERS UNDER SUBSECTION (B)(2) (B)(2)(III), (IV),
(V), (VIII), (IX) AND (X) , (4) AND (5) UPON THE RECOMMENDATION
OF STATEWIDE ORGANIZATIONS AND INDUSTRY SEGMENTS.
RECOMMENDATIONS FOR APPOINTMENTS OF COUNTY OFFICIALS UNDER
SUBSECTION (B)(2) SHALL BE REQUESTED BY THE GOVERNOR FROM THE
COUNTY COMMISSIONERS ASSOCIATION OF PENNSYLVANIA AND
RECOMMENDATIONS FOR APPOINTMENTS OF 911 COORDINATORS UNDER
SUBSECTION (B)(2) SHALL BE REQUESTED BY THE GOVERNOR FROM THE
STATE CHAPTERS OF THE NATIONAL EMERGENCY NUMBER ASSOCIATION AND
THE ASSOCIATION OF PUBLIC COMMUNICATIONS OFFICIALS. THE
FOLLOWING SHALL APPLY:
(1) MEMBERS APPOINTED BY THE GOVERNOR ARE APPOINTED TO
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TERMS OF TWO YEARS AND MAY SERVE NO MORE THAN THREE
CONSECUTIVE TERMS.
(2) THE STATEWIDE ORGANIZATIONS SHALL ENSURE THAT
NOMINEES ARE SUFFICIENTLY PROFICIENT IN 911 POLICIES,
OPERATIONS AND TECHNOLOGIES AND THAT THE NOMINEES PROVIDE A
DIVERSE REPRESENTATION FROM THE WESTERN, CENTRAL AND EASTERN
REGIONS OF THIS COMMONWEALTH.
(3) THE GOVERNOR SHALL MAKE THE INITIAL APPOINTMENTS OF
MEMBERS UNDER SUBSECTION (B)(2), (4) AND (5) WITHIN 90 DAYS
OF THE EFFECTIVE DATE OF THIS PARAGRAPH. INITIAL TERMS FOR
MEMBERS APPOINTED BY THE GOVERNOR SHALL BE DIVIDED BETWEEN
ONE-YEAR AND TWO-YEAR TERMS.
(4) THE EXCEPT A MEMBER APPOINTED UNDER (B)(2)(I), (II),
(VI) OR (VII), THE GOVERNOR MAY REMOVE AN APPOINTED MEMBER OF
THE BOARD FOR CAUSE UPON WRITTEN NOTICE TO THE BOARD.
(5) A MEMBER'S NONPARTICIPATION IN THREE CONSECUTIVE
BOARD MEETINGS MAY BE CONSIDERED CAUSE FOR REMOVAL.
(B.3) QUORUM.--THIRTEEN MEMBERS OF THE BOARD SHALL
CONSTITUTE A QUORUM. WHEN A QUORUM IS PRESENT, THREE-FOURTHS
CONSENT OF MEMBERS PRESENT AND VOTING IS REQUIRED FOR ANY ACTION
OF THE BOARD.
(B.4) MEETINGS.--THE BOARD SHALL MEET AT LEAST ONCE
QUARTERLY AND AT any special session called by the chairperson.
All meetings of the board shall be conducted in accordance with
65 Pa.C.S. Ch. 7 (relating to open meetings).
(5) The members of the board shall serve without
(B.5) COMPENSATION.--THE MEMBERS OF THE BOARD SHALL SERVE
WITHOUT compensation but shall be reimbursed for their actual
and necessary travel and other expenses in connection with
attendance at meetings called by the chairperson.
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(c) Powers and duties of board.--The board shall have the
following powers and duties:
(1) To advise the agency on regulations and guidelines
relating to the administration and operation of 911 systems
in this Commonwealth relating to the following:
(i) Standards for performance reviews and quality
assurance programs to ensure public safety and maintain
and improve the performance of 911 systems.
(ii) Measures to ensure the compliance of 911
systems with current industry standards and applicable
Federal regulations.
(iii) Cost-saving measures to include joint
purchasing opportunities.
(iv) Measures to promote regionalization of PSAPs.
(v) Measures to promote next generation 911
technology.
(vi) 911 planning guidelines.
(vii) Training standards for emergency dispatchers,
call takers and supervisors.
(2) To provide advice and recommendations to the agency
to develop and adopt formulas and methods to distribute money
from the f und under section 5306.1 (relating to fund).
(3) To establish a program of communication PROMOTE
EFFECTIVE COMMUNICATION AND INFORMATION SHARING between the
agency and county 911 coordinators to share information and
develop recommendations to improve 911 systems in this
Commonwealth.
(4) To promote the deployment of ADVISE THE AGENCY ON
PLANS TO DEPLOY next generation 911 technology in 911 systems
in this Commonwealth.
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(5) To promote the regional use of technology.
(6) To promote sharing of information among the agency,
911 systems and other State and local agencies relating to
the operation and improvement of 911 systems.
(d) Exemption.--The Pennsylvania State Police
telecommunications facilities are exempt from the
telecommunications management of the agency[, council and the
commission] and the board.
§ 5304. Counties.
(a) Powers and duties.--[The board of county commissioners,
or, in a home rule county, the appropriate body according to the
home rule charter,] Each county shall have the following powers
and duties in relation to a 911 system: [and wireless E-911
system:
(1) To designate a member of county government as the
county 911 coordinator. The county coordinator shall serve as
a point of contact with the agency and shall develop a county
plan for the implementation, operation and maintenance of a
911 system. Where technologically feasible, the county plan
shall be adequate to provide service for the entire county.
(2) To make arrangements with each telephone company
providing local exchange telephone service within the
county's jurisdiction to provide 911 service.
(3) To send a copy of the proposed county plan to the
appropriate telephone company upon submission of the plan to
the agency.
(4) To cooperate with the agency, the council and the
commission in the preparation and submission of the county
plan and contribution rate.]
(1) To ensure the provision of a 911 system in the
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county's respective jurisdiction. A county may provide a 911
system to the county's jurisdiction through participation in
a regional 911 system.
(2) To develop, maintain or adopt a 911 plan for the
county and submit the plan to the agency for review.
(i) The plan shall be reviewed and updated at a
frequency prescribed by the board.
(ii) A county may adopt the 911 plan of a regional
911 system if the county is a participating member of
that regional 911 system.
(3) To cooperate with the agency, the board and the
Pennsylvania State Police.
(4) To comply with the guidelines, standards and
reporting requirements established by the agency.
(5) To execute all contracts, agreements, mutual aid
agreements, cross-service agreements and all other [necessary
documents which may be required in the implementation of the
county plan.] documents necessary to implement its 911 plan.
[(6) To obtain annually from each telephone service
provider a list of the provider's local telephone exchanges
within the county and the addresses of that provider's
central offices serving those exchanges. Without exception,
the service provider shall provide the list to the board.
(7) To notify the agency and all adjacent counties of
the local telephone exchanges which provide telephone service
to residents within the county, specifically noting exchanges
known to provide telephone service to residents of more than
one county. Notice shall be provided at the time the county
plan is submitted to the agency and when local telephone
service is newly initiated for local telephone exchange
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within the county.]
(6) To designate a 911 coordinator for the county . The
911 coordinator shall serve as a point of contact with the
agency and board and shall develop WHO SHALL DEVELOP AND
SUBMIT a plan for the implementation, operation and
maintenance of a 911 system.
(7) To cooperate with the board in the preparation and
submission of the 911 system plan.
(8) To cooperate with the Pennsylvania State Police.
Subject to subparagraphs (i) through (iii), a county that
utilizes ANI/ALI database services shall, upon request of the
Commissioner of the Pennsylvania State Police or the designee
of the commissioner, provide authority to access all ANI/ALI
database information relating to 911 calls for emergency
services, whether the database is held by the county or by a
commercial entity[.], following the established procedures of
the database owner. The following shall apply:
(i) In order to ensure that no county or PSAP
experiences degradation of service or additional costs as
a result of complying with this subsection:
(A) the Pennsylvania State Police shall provide,
at its cost, any equipment, computer software or
telecommunications equipment or services, exclusive
of recurring personnel costs for county personnel,
that are necessary to enable its access to any
ANI/ALI database information; and
(B) all means of access must be approved by the
county, PSAP and the Pennsylvania State Police before
the county is required to authorize or provide the
access. In the event of a dispute between the
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Pennsylvania State Police and a county or PSAP
regarding approval by the county and PSAP, the
dispute shall be mediated by the Office of
Information Technology of the Commonwealth's Office
of Administration. The Office of Information
Technology may bring in a Commonwealth mediator from
the Office of General Counsel to provide assistance
in resolving the dispute.
(ii) The ANI/ALI database information to which
access is authorized or enabled under this paragraph or
section 5304.1(a)(3) (relating to Pennsylvania State
Police) shall be used only in providing emergency
response services to a 911 call. A person who uses or
discloses the ANI/ALI database information under this
subparagraph for any other purpose commits a misdemeanor
of the third degree.
(iii) Nothing contained in this paragraph shall be
construed to impose on [wireless] providers any
obligations beyond those created by applicable Federal
Communications Commission orders and regulations. Public
agencies, counties, PSAPs and wireless providers shall
not be liable to any person for errors in any of the
ANI/ALI database information which may be accessed by or
provided to the Pennsylvania State Police under this
paragraph.
[(9) To comply with reporting requirements established
by the agency.
[(b) Persons outside county.--When an individual physically
resides in an adjacent county but receives local exchange
telephone service from a central office in a county which
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provides 911 service, it shall be the responsibility of the
county with the 911 service to notify the appropriate public
agency of a request for emergency service from the individual.]
(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 . [A city of the
second class, second class A or third class that has not
established a 911 system prior to September 4, 1990, may
exercise the powers and duties of counties under this chapter
only when the county has chosen not to exercise those powers and
duties. The powers and duties granted to cities under this
section shall be applicable and may be exercised only within the
boundaries of the city. No action by a city under this section
shall preempt the powers and duties of a county to establish a
911 system outside the boundaries of the city at any time. The
agency may establish regulations governing the exercise of
powers and duties granted to cities of the second class, second
class A and third class by this section.]
(D) CERTAIN CITIES OF THE THIRD CLASS.--
(1) BEGINNING ON THE EFFECTIVE DATE OF THIS SUBSECTION
AND FOR FOUR YEARS THEREAFTER, A PRO RATA SHARE OF FUNDS
PROVIDED TO A COUNTY WITH A CITY OF THE THIRD CLASS WITH A
POPULATION OF MORE THAN 60,000 BUT LESS THAN 80,000 LOCATED
WITHIN ITS BOUNDARIES SHALL BE DISTRIBUTED BY THE COUNTY TO
THE CITY OF THE THIRD CLASS. DISTRIBUTION SHALL BE BASED ON
THE ENTIRE POPULATION OF THE CITY, WHETHER OR NOT PORTIONS OF
THE CITY ARE LOCATED IN ANOTHER COUNTY.
(2) BEGINNING ON THE EFFECTIVE DATE OF THIS SUBSECTION
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AND FOR FOUR YEARS THEREAFTER, A PRO RATA SHARE OF FUNDS
PROVIDED TO A COUNTY WITH A CITY OF THE THIRD CLASS WITH A
POPULATION OF MORE THAN 105,000 BUT LESS THAN 110,000 LOCATED
WITHIN ITS BOUNDARIES SHALL BE DISTRIBUTED BY THE COUNTY TO
THE CITY OF THE THIRD CLASS.
§ 5304.1. Pennsylvania State Police.
(a) Powers and duties.--The Commissioner of the Pennsylvania
State Police, or the designee of the commissioner, shall have
the following powers and duties in relation to a Pennsylvania
State Police telecommunications facility:
(1) To designate, with specificity, which Pennsylvania
State Police facilities shall be considered Pennsylvania
State Police telecommunications facilities under this
chapter.
(2) To designate a commander of a Pennsylvania State
Police telecommunications facility, who shall serve as the
point of contact with the agency and the counties and shall
oversee the implementation, operation and maintenance of a
Pennsylvania State Police telecommunications facility. A
Pennsylvania State Police facility shall, where
technologically feasible, be adequate to provide service to
the designated area of coverage.
(3) To request authority to access ANI/ALI database
information relating to 911 calls for emergency services from
the counties and PSAPs within the designated area of coverage
of a Pennsylvania State Police telecommunications facility.
No county or PSAP shall be required to comply with such a
request unless it is made by the Commissioner of the
Pennsylvania State Police or the designee of the commissioner
under section 5304(a)(8) (relating to counties).
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(4) To provide training and certification for all call
takers/dispatchers and call taker/dispatcher supervisors that
meet or exceed the training and certification standards that
are provided for in 4 Pa. Code Ch. 120c (relating to training
and certification standards for 911 emergency communications
personnel) or any successor standard.
(b) Ineligible reimbursement.--The Pennsylvania State Police
is not eligible to receive reimbursement from the [money
collected from the contribution rate or wireless E-911
surcharge] fund, nor may the Pennsylvania State Police impose a
[monthly contribution rate] tax, fee or surcharge upon [the
telephone] subscribers [on the local exchange access line or any
wireless E-911-related surcharge upon wireless service
customers] or customers of any provider .
SECTION 2.1. TITLE 35 IS AMENDED BY ADDING A SECTION TO
READ:
§ 5304.2. OPTIONAL 911 USER FEE.
(A) AUTHORITY.--IF A COUNTY OR A CITY OF THE FIRST CLASS
CITY OF THE FIRST CLASS OR A COUNTY HAS AN INDEPENDENTLY
OPERATED PSAP OR IS A MEMBER OF A REGIONAL PUBLIC SAFETY
CONSORTIUM, THE COUNTY OR CITY MAY IMPOSE AN OPTIONAL ANNUAL 911
USER FEE IN ACCORDANCE WITH PARAGRAPH (1) OR (2). THE FOLLOWING
SHALL APPLY TO THE 911 USER FEE: this section . The fee shall
consist of:
(1) A FEE an amount NOT TO EXCEED $52 MAY BE IMPOSED ON
EACH RESIDENTIAL ADDRESS . ; and
(2) A an amount imposed on each BUSINESS FEE MAY BE
CHARGED FOR EACH EMPLOYEE IN A CALENDAR YEAR AS FOLLOWS:
(I) FOR A BUSINESS WITH NOT MORE THAN 50 EMPLOYEES,
$12.
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(II) FOR A BUSINESS WITH AT LEAST 51 EMPLOYEES AND
NOT MORE THAN 100 EMPLOYEES, $9.75.
(III) FOR A BUSINESS WITH AT LEAST 101 EMPLOYEES AND
NOT MORE THAN 500 EMPLOYEES, $6.
(IV) FOR A BUSINESS WITH AT LEAST 501 EMPLOYEES, $3.
(3) IF THE OWNER OF THE REAL PROPERTY IS 65 YEARS OF AGE
OR OLDER, THE COUNTY OR CITY MAY DISCOUNT THE FEE IMPOSED
UNDER PARAGRAPH (1) BY 10%.
(B) LIMITATION.--THE 911 USER FEE UNDER SUBSECTION (A)(2)
SHALL BE ASSESSED ON THE NUMBER OF EMPLOYEES ONLY ONCE ANNUALLY,
NOTWITHSTANDING THE NUMBER OF POLITICAL SUBDIVISIONS WITHIN
WHICH THE INDIVIDUAL MAY BE EMPLOYED.
(C) PAYMENT.--THE AMOUNTS UNDER SUBSECTION (A)(2) MUST BE
PAID BY THE BUSINESS AND MAY NOT BE PAID BY AN EMPLOYEE.
(D) PROCESS.--THE 911 USER FEE MUST BE IMPOSED BY AN
ORDINANCE ADOPTED BY THE GOVERNING BODY OF THE COUNTY OR CITY
COUNCIL IN THE CASE OF A CITY OF THE FIRST CLASS.
(E) COLLECTION.--A 911 USER FEE SHALL BE COLLECTED BY THE
COUNTY TREASURER OR, IN THE CASE OF A CITY OF THE FIRST CLASS,
THE CITY TREASURER.
(F) FUND.--THE COUNTY OR CITY MUST ESTABLISH A NONLAPSING
RESTRICTED INTEREST-BEARING SPECIAL FUND FOR THE DEPOSIT OF THE
911 USER FEE COLLECTED UNDER THIS SECTION.
(G) USE OF FUND.--THE FOLLOWING SHALL APPLY TO A FUND
ESTABLISHED UNDER SUBSECTION (D):
(1) AT LEAST UP TO 2% OF THE MONEY IN THE FUND MAY BE
USED BY THE COUNTY OR CITY FOR ACTUAL COSTS RELATED TO
COLLECTION OF THE 911 USER FEE.
(2) EXCEPT AS PROVIDED UNDER PARAGRAPH (1), MONEY IN A
FUND MUST BE USED BY THE COUNTY OR CITY FOR PERSONNEL, THE
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MAINTENANCE AND PURCHASE OF EQUIPMENT AND OTHER PRODUCTS AND
SERVICES RELATING TO THE MAINTENANCE AND OPERATION OF A PSAP
UNDER THIS CHAPTER.
(3) A COUNTY OR CITY TRANSITIONING TO OR ENHANCING 911
SERVICES MAY UTILIZE A the FEE TO INCUR PAY FOR INDEBTEDNESS
FOR CAPITAL IMPROVEMENTS OR MAJOR REPAIRS PURSUANT TO A
RESOLUTION ADOPTED BY THE GOVERNING BODY OF THE COUNTY OR
CITY COUNCIL IN THE CASE OF A CITY OF THE FIRST CLASS.
(H) COLLECTION INFORMATION.-- THE GOVERNING BODY OF THE
COUNTY, OR CITY COUNCIL IN THE CASE OF A CITY OF THE FIRST
CLASS, SHALL, PRIOR TO THE EFFECTIVE DATE OF AN ORDINANCE
ENACTED IN ACCORDANCE WITH SUBSECTION (D), ESTABLISH THE
FOLLOWING DATA:
(1) AN INVENTORY OF ALL OCCUPIED RESIDENTIAL PROPERTIES
SUBJECT TO THE COUNTY PROPERTY TAX ASSESSMENT OR, IN THE CASE
OF A CITY OF THE FIRST CLASS, THE CITY PROPERTY TAX
ASSESSMENT .
(2) A LIST OF THE NUMBER OF PERSONS EMPLOYED, IF ANY, AT
EACH COMMERCIAL PROPERTY SUBJECT TO THE COUNTY PROPERTY TAX
ASSESSMENT OR, IN THE CASE OF A CITY OF THE FIRST CLASS, THE
CITY PROPERTY TAX ASSESSMENT . THE LIST SHALL BE BASED ON
INFORMATION AS OF OCTOBER 1 OF THE YEAR PRECEDING THE
IMPOSITION OF THE FEE.
(I) CONSTRUCTION.-- ANY The FEE IMPOSED UNDER THIS SECTION
SHALL BE IN ADDITION TO THE SURCHARGE IMPOSED UNDER SECTION
5306.2 (RELATING TO UNIFORM 911 SURCHARGE).
(J) DEFINITION.-- AS USED IN THIS SECTION, THE TERM
"BUSINESS" INCLUDES ANY FOR-PROFIT ENTERPRISE OR NONPROFIT
ENTERPRISE THAT EMPLOYS ONE OR MORE INDIVIDUALS.
SECTION 2.2. SECTIONS 5305 AND 5306 OF TITLE 35 ARE AMENDED
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TO READ:
§ 5305. [County] 911 system plan.
(a) Minimum standards.--Upon the agreement of [the governing
body of] a county to establish a 911 system as a regional or
single county PSAP, a plan shall be [drafted meeting] ADOPTED
THAT MEETS at least the standards promulgated by the agency. The
county may obtain technical assistance from the agency in
formulating its plan. Each 911 system plan shall be designed to
meet the individual circumstances of each community and [the
public agencies] PUBLIC AGENCY participating in the 911
system[.] and THE PLAN shall consider efficiencies to be
achieved by FROM regionalization of technology and voluntary
PSAP consolidation. The 911 system plan AND CONSOLIDATION, AND
may include consideration of and plan for next generation 911
technology.
[(b) Completion.--Upon completion of the plan, the county
shall forward it to the agency, with a copy of the plan being
sent to those telephone companies affected by the plan. When the
plan is submitted to the agency, the county shall also provide
each adjacent county with a list of local telephone exchanges
included in the plan, specifically noting exchanges known to
provide telephone service to residents of more than one county.
(c) Agency review.--
(1) The agency shall review each county plan for
completeness and shall forward a copy of the county plan and
the proposed contribution rate to the council and the
commission for review as required by this section.