H.B. 173 Enrolled

1

911 AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brad L. Dee
5 Senate Sponsor: Jon J. Greiner
6
7 LONG TITLE
8 General Description:
9 This bill modifies code provisions regarding 911 emergency communications and uses
10 of funding.
11 Highlighted Provisions:
12 This bill:
13 . provides a definition of a public safety answering point; and
14 . provides additional uses for the 911 surcharge funds.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 53-10-602, as last amended by Laws of Utah 2009, Chapter 64
22 53-10-603, as last amended by Laws of Utah 2007, Chapter 241
23 69-2-2, as last amended by Laws of Utah 2002, Chapter 320
24 69-2-5, as last amended by Laws of Utah 2009, Chapter 203
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53-10-602 is amended to read:
28 53-10-602. Committee's duties and powers.
29 (1) The committee shall:

30 (a) review and make recommendations to the division, the Bureau of
31 Communications, public safety answering points, and the Legislature on:
32 (i) technical, administrative, fiscal, and operational issues for the implementation of a
33 unified statewide wireless and land-based E-911 emergency system;
34 (ii) specific technology and standards for the implementation of a unified statewide
35 wireless and land-based E-911 emergency system;
36 (iii) emerging technological upgrades;
37 (iv) expenditures by local public service answering points to assure implementation of
38 a unified statewide wireless and land-based E-911 emergency system and standards of
39 operation; and
40 (v) mapping systems and technology necessary to implement the unified statewide
41 wireless and land-based E-911 emergency system;
42 (b) administer the fund as provided in this part;
43 (c) assist as many local entities as possible, at their request, to implement the
44 recommendations of the committee; and
45 (d) fulfill all other duties imposed on the committee by the Legislature by this part.
46 (2) The committee may sell, lease, or otherwise dispose of equipment or personal
47 property belonging to the committee, the proceeds from which shall return to the fund.
48 (3) (a) The committee shall review information regarding:
49 (i) in aggregate, the number of telecommunication service subscribers by
50 telecommunication service type in a political subdivision;
51 (ii) 911 call delivery network costs;
52 (iii) public safety answering point costs; and
53 (iv) system engineering information.
54 (b) In accordance with Subsection (3)(a) the committee may request:
55 (i) information as described in Subsection (3)(a)(i) from the Utah State Tax
56 Commission; and
57 (ii) information from public safety answering points connected to the 911 call delivery

58 system.
59 (c) The information requested by and provided to the committee under Subsection (3)
60 is a protected record in accordance with Section 63G-2-305 .
61 (4) The committee shall issue the reimbursement allowed under Subsection
62 53-10-605 (1)(b) provided that:
63 (a) the reimbursement is based on aggregated cost studies submitted to the committee
64 by the wireless carriers seeking reimbursement; and
65 (b) the reimbursement to any one carrier does not exceed 125% of the wireless
66 carrier's contribution to the fund.
67 (5) The committee shall adopt rules in accordance with Title 63G, Chapter 3, Utah
68 Administrative Rulemaking Act, to administer the fund created in Section 53-10-603
69 including rules that establish the criteria, standards, technology, and equipment that a local
70 entity or state agency must adopt in order to qualify for grants from the fund.
71 (6) The committee may employ an outside consultant to study and advise on the issue
72 of public safety answering points.
73 [(6)] (7) This section does not expand the authority of the Utah State Tax Commission
74 to request additional information from a telecommunication service provider.
75 Section 2. Section 53-10-603 is amended to read:
76 53-10-603. Statewide Unified E-911 Emergency Service Fund -- Fund uses.
77 (1) There is created a restricted account in the General Fund entitled the "Statewide
78 Unified E-911 Emergency Service Fund," or "fund" consisting of:
79 (a) proceeds from the fee imposed in Section 69-2-5.6 ;
80 (b) money appropriated or otherwise made available by the Legislature; and
81 (c) contributions of money, property, or equipment from federal agencies, political
82 subdivisions of the state, persons, or corporations.
83 (2) The monies in this fund shall be used exclusively for the following statewide
84 public purposes:
85 (a) enhancing public safety as provided in this chapter;

86 (b) providing a statewide, unified, wireless E-911 service available to public [service]
87 safety answering points; [and]
88 (c) providing reimbursement to providers for certain costs associated with Phase II
89 wireless E-911 service[.]; and
90 (d) paying for an outside consultant hired by the Utah 911 Committee to study and
91 advise the committee regarding public safety answering points.
92 Section 3. Section 69-2-2 is amended to read:
93 69-2-2. Definitions.
94 As used in this chapter:
95 (1) "911 emergency telephone service" means a communication system which
96 provides citizens with rapid direct access to public emergency operation centers by dialing the
97 telephone number "911" with the objective of reducing the response time to situations
98 requiring law enforcement, fire, medical, rescue, and other emergency services.
99 (2) "Local exchange service" means the provision of public telecommunications
100 services by a wireline common carrier to customers within a geographic area encompassing
101 one or more local communities as described in the carrier's service territory maps, tariffs, price
102 lists, or rate schedules filed with and approved by the Public Service Commission.
103 (3) "Local exchange service switched access line" means the transmission facility and
104 local switching equipment used by a wireline common carrier to connect a customer location
105 to a carrier's local exchange switching network for providing two-way interactive voice, or
106 voice capable, services.
107 (4) "Mobile telecommunications service" is as defined in Section 54-8b-2 .
108 (5) "Public agency" means any county, city, town, special service district, or public
109 authority located within the state which provides or has authority to provide fire fighting, law
110 enforcement, ambulance, medical, or other emergency services.
111 (6) "Public safety agency" means a functional division of a public agency which
112 provides fire fighting, law enforcement, medical, or other emergency services.
113 (7) "Public safety answering point" means a facility that:

114 (a) is equipped and staffed under the authority of a political subdivision; and
115 (b) receives 911 calls, other calls for emergency services, and asynchronous event
116 notifications for a defined geographic area.
117 [(7)] (8) "Radio communications access line" means the radio equipment and assigned
118 customer identification number used to connect a mobile or fixed radio customer in Utah to a
119 radio communication service provider's network for two-way interactive voice, or voice
120 capable, services.
121 [(8)] (9) "Radio communications service" means a public telecommunications service
122 providing the capability of two-way interactive telecommunications between mobile and fixed
123 radio customers, and between mobile or fixed radio customers and the local exchange service
124 network customers of a wireline common carrier. Radio communications service providers
125 include corporations, persons or entities offering cellular telephone service, enhanced
126 specialized mobile radio service, rural radio service, radio common carrier services, personal
127 communications services, and any equivalent wireless public telecommunications service, as
128 defined in 47 CFR, parts 20, 21, 22, 24, and 90.
129 [(9)] (10) "Wireline common carrier" means a public telecommunications service
130 provider that primarily uses metallic or nonmetallic cables and wires for connecting customers
131 to its local exchange service networks.
132 Section 4. Section 69-2-5 is amended to read:
133 69-2-5. Funding for 911 emergency telecommunications service.
134 (1) In providing funding of 911 emergency telecommunications service, any public
135 agency establishing a 911 emergency telecommunications service may:
136 (a) seek assistance from the federal or state government, to the extent constitutionally
137 permissible, in the form of loans, advances, grants, subsidies, and otherwise, directly or
138 indirectly;
139 (b) seek funds appropriated by local governmental taxing authorities for the funding of
140 public safety agencies; and
141 (c) seek gifts, donations, or grants from individuals, corporations, or other private

142 entities.
143 (2) For purposes of providing funding of 911 emergency telecommunications service,
144 special service districts may raise funds as provided in Section 17D-1-105 and may borrow
145 money and incur indebtedness as provided in Section 17D-1-103 .
146 (3) (a) Except as provided in Subsection (3)(b) and subject to the other provisions of
147 this Subsection (3) a county, city, or town within which 911 emergency telecommunications
148 service is provided may levy monthly an emergency services telecommunications charge on:
149 (i) each local exchange service switched access line within the boundaries of the
150 county, city, or town;
151 (ii) each revenue producing radio communications access line with a billing address
152 within the boundaries of the county, city, or town; and
153 (iii) any other service, including voice over Internet protocol, provided to a user within
154 the boundaries of the county, city, or town that allows the user to make calls to and receive
155 calls from the public switched telecommunications network, including commercial mobile
156 radio service networks.
157 (b) Notwithstanding Subsection (3)(a), an access line provided for public coin
158 telecommunications service is exempt from emergency telecommunications charges.
159 (c) The amount of the charge levied under this section may not exceed:
160 (i) 61 cents per month for each local exchange service switched access line;
161 (ii) 61 cents per month for each radio communications access line; and
162 (iii) 61 cents per month for each service under Subsection (3)(a)(iii).
163 (d) (i) For purposes of this Subsection (3)(d) the following terms shall be defined as
164 provided in Section 59-12-102 or 59-12-215 :
165 (A) "mobile telecommunications service";
166 (B) " place of primary use";
167 (C) "service address"; and
168 (D) "telecommunications service."
169 (ii) An access line described in Subsection (3)(a) is considered to be within the

170 boundaries of a county, city, or town if the telecommunications services provided over the
171 access line are located within the county, city, or town:
172 (A) for purposes of sales and use taxes under Title 59, Chapter 12, Sales and Use Tax
173 Act; and
174 (B) determined in accordance with Section 59-12-215 .
175 (iii) The rate imposed on an access line under this section shall be determined in
176 accordance with Subsection (3)(d)(iv) if the location of an access line described in Subsection
177 (3)(a) is determined under Subsection (3)(d)(ii) to be a county, city, or town other than county,
178 city, or town in which is located:
179 (A) for a telecommunications service, the purchaser's service address; or
180 (B) for mobile telecommunications service, the purchaser's place of primary use.
181 (iv) The rate imposed on an access line under this section shall be the lower of:
182 (A) the rate imposed by the county, city, or town in which the access line is located
183 under Subsection (3)(d)(ii); or
184 (B) the rate imposed by the county, city, or town in which it is located:
185 (I) for telecommunications service, the purchaser's service address; or
186 (II) for mobile telecommunications service, the purchaser's place of primary use.
187 (e) (i) A county, city, or town shall notify the Public Service Commission of the intent
188 to levy the charge under this Subsection (3) at least 30 days before the effective date of the
189 charge being levied.
190 (ii) For purposes of this Subsection (3)(e):
191 (A) "Annexation" means an annexation to:
192 (I) a city or town under Title 10, Chapter 2, Part 4, Annexation; or
193 (II) a county under Title 17, Chapter 2, [Annexation to County] County
194 Consolidations and Annexations.
195 (B) "Annexing area" means an area that is annexed into a county, city, or town.
196 (iii) (A) Except as provided in Subsection (3)(e)(iii)(C) or (D), if on or after July 1,
197 2003, a county, city, or town enacts or repeals a charge or changes the amount of the charge

198 under this section, the enactment, repeal, or change shall take effect:
199 (I) on the first day of a calendar quarter; and
200 (II) after a 90-day period beginning on the date the State Tax Commission receives
201 notice meeting the requirements of Subsection (3)(e)(iii)(B) from the county, city, or town.
202 (B) The notice described in Subsection (3)(e)(iii)(A) shall state:
203 (I) that the county, city, or town will enact or repeal a charge or change the amount of
204 the charge under this section;
205 (II) the statutory authority for the charge described in Subsection (3)(e)(iii)(B)(I);
206 (III) the effective date of the charge described in Subsection (3)(e)(iii)(B)(I); and
207 (IV) if the county, city, or town enacts the charge or changes the amount of the charge
208 described in Subsection (3)(e)(iii)(B)(I), the amount of the charge.
209 (C) Notwithstanding Subsection (3)(e)(iii)(A), the enactment of a charge or a charge
210 increase under this section shall take effect on the first day of the first billing period:
211 (I) that begins after the effective date of the enactment of the charge or the charge
212 increase; and
213 (II) if the billing period for the charge begins before the effective date of the enactment
214 of the charge or the charge increase imposed under this section.
215 (D) Notwithstanding Subsection (3)(e)(iii)(A), the repeal of a charge or a charge
216 decrease under this section shall take effect on the first day of the last billing period:
217 (I) that began before the effective date of the repeal of the charge or the charge
218 decrease; and
219 (II) if the billing period for the charge begins before the effective date of the repeal of
220 the charge or the charge decrease imposed under this section.
221 (iv) (A) Except as provided in Subsection (3)(e)(iv)(C) or (D), if for an annexation
222 that occurs on or after July 1, 2003, the annexation will result in the enactment, repeal, or a
223 change in the amount of a charge imposed under this section for an annexing area, the
224 enactment, repeal, or change shall take effect:
225 (I) on the first day of a calendar quarter; and

226 (II) after a 90-day period beginning on the date the State Tax Commission receives
227 notice meeting the requirements of Subsection (3)(e)(iv)(B) from the county, city, or town that
228 annexes the annexing area.
229 (B) The notice described in Subsection (3)(e)(iv)(A) shall state:
230 (I) that the annexation described in Subsection (3)(e)(iv)(A) will result in an
231 enactment, repeal, or a change in the charge being imposed under this section for the annexing
232 area;
233 (II) the statutory authority for the charge described in Subsection (3)(e)(iv)(B)(I);
234 (III) the effective date of the charge described in Subsection (3)(e)(iv)(B)(I); and
235 (IV) if the county, city, or town enacts the charge or changes the amount of the charge
236 described in Subsection (3)(e)(iv)(B)(I), the amount of the charge.
237 (C) Notwithstanding Subsection (3)(e)(iv)(A), the enactment of a charge or a charge
238 increase under this section shall take effect on the first day of the first billing period:
239 (I) that begins after the effective date of the enactment of the charge or the charge
240 increase; and
241 (II) if the billing period for the charge begins before the effective date of the enactment
242 of the charge or the charge increase imposed under this section.
243 (D) Notwithstanding Subsection (3)(e)(iv)(A), the repeal of a charge or a charge
244 decrease under this section shall take effect on the first day of the last billing period:
245 (I) that began before the effective date of the repeal of the charge or the charge
246 decrease; and
247 (II) if the billing period for the charge begins before the effective date of the repeal of
248 the charge or the charge decrease imposed under this section.
249 (f) Subject to Subsection (3)(g), an emergency services telecommunications charge
250 levied under this section shall:
251 (i) be billed and collected by the person that provides the:
252 (A) local exchange service switched access line services; or
253 (B) radio communications access line services; and

254 (ii) except for costs retained under Subsection (3)(h), remitted to the State Tax
255 Commission.
256 (g) An emergency services telecommunications charge on a mobile
257 telecommunications service may be levied, billed, and collected only to the extent permitted
258 by the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
259 (h) The person that bills and collects the charges levied under Subsection (3)(f) may:
260 (i) bill the charge imposed by this section in combination with the charge levied under
261 Section 69-2-5.6 as one line item charge; and
262 (ii) retain an amount not to exceed 1.5% of the levy collected under this section as
263 reimbursement for the cost of billing, collecting, and remitting the levy.
264 (i) The State Tax Commission shall:
265 (i) collect, enforce, and administer the charge imposed under this Subsection (3) using
266 the same procedures used in the administration, collection, and enforcement of the state sales
267 and use taxes under:
268 (A) Title 59, Chapter 1, General Taxation Policies; and
269 (B) Title 59, Chapter 12, Part 1, Tax Collection, except for:
270 (I) Section 59-12-104 ;
271 (II) Section 59-12-104.1 ;
272 (III) Section 59-12-104.2 ;
273 (IV) Section 59-12-107.1 ; and
274 (V) Section 59-12-123 ;
275 (ii) transmit monies collected under this Subsection (3):
276 (A) monthly; and
277 (B) by electronic funds transfer by the commission to the county, city, or town that
278 imposes the charge; and
279 (iii) charge the county, city, or town for the State Tax Commission's services under
280 this Subsection (3) in an amount:
281 (A) sufficient to reimburse the State Tax Commission for the cost to the State Tax

282 Commission in rendering the services; and
283 (B) that may not exceed an amount equal to 1.5% of the charges imposed under this
284 Subsection (3).
285 (4) (a) Any money received by a public agency for the provision of 911 emergency
286 telecommunications service shall be deposited in a special emergency telecommunications
287 service fund.
288 (b) (i) Except as provided in Subsection (5)(b), the money in the emergency
289 telecommunications service fund shall be expended by the public agency to pay the costs of:
290 (A) establishing, installing, maintaining, and operating a 911 emergency
291 telecommunications system [or];
292 (B) receiving and processing emergency calls from the 911 system or other calls or
293 requests for emergency services;
294 (C) integrating a 911 system into an established public safety dispatch center,
295 including contracting with the providers of local exchange service, radio communications
296 service, and vendors of appropriate terminal equipment as necessary to implement the 911
297 emergency telecommunications service; or
298 (D) indirect costs associated with the maintaining and operating of a 911 emergency
299 telecommunications system.
300 (ii) Revenues derived for the funding of 911 emergency telecommunications service
301 may [only] be used [for that portion of costs related to the operation of the 911 emergency
302 telecommunications system] by the public agency for personnel costs associated with
303 receiving and processing calls and deploying emergency response resources when [such a] the
304 system is integrated with any public safety dispatch system.
305 (c) Any unexpended money in the emergency telecommunications service fund at the
306 end of a fiscal year does not lapse, and must be carried forward to be used for the purposes
307 described in this section.
308 (5) (a) Revenue received by a local entity from an increase in the levy imposed under
309 Subsection (3) after the 2004 Annual General Session[, or from grants from the Utah 911

310 Committee pursuant to Section 53-10-605 ]:
311 (i) may be used by the public agency for the purposes under Subsection (4)(b); and
312 [(i)] (ii) shall be deposited into the special emergency telecommunications service
313 fund described in Subsection (4)(a)[; and].
314 (b) Revenue received by a local entity from grants from the Utah 911 Committee
315 under Section 53-10-605 :
316 (i) shall be deposited into the special emergency telecommunications service fund
317 under Subsection (4)(a); and
318 (ii) shall only be used for that portion of the costs related to the development and
319 operation of wireless and land-based enhanced 911 emergency telecommunications service
320 and the implementation of wireless E-911 Phase I and Phase II services as provided in
321 Subsection (5)[(b)](c).
322 [(b)] (c) The costs allowed under Subsection (5)[(a)](b)(ii) [shall] include the public
323 [service] safety answering point's or local entity's costs for:
324 (i) acquisition, upgrade, modification, maintenance, and operation of public service
325 answering point equipment capable of receiving E-911 information;
326 (ii) database development, operation, and maintenance; and
327 (iii) personnel costs associated with establishing, installing, maintaining, and
328 operating wireless E-911 Phase I and Phase II services, including training emergency service
329 personnel regarding receipt and use of E-911 wireless service information and educating
330 consumers regarding the appropriate and responsible use of E-911 wireless service.
331 (6) A local entity that increases the levy it imposes under Subsection (3)(c) after the
332 2004 Annual General Session shall increase the levy to the maximum amount permitted by
333 Subsection (3)(c).