Representative Brad L. Dee proposes the following substitute bill:


1     
PUBLIC SAFETY AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Brad L. Dee

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Utah Communications Authority Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     authorizes the Utah Communications Authority Board to commission a performance
14     audit and study of the state's 911 emergency response system within the public
15     safety communications network, which study shall include:
16               •     determining potential cost savings that may be achieved by the functional
17     consolidation of public safety answering points; and
18               •     creating a strategic plan for the state's 911 emergency response system;
19          ▸     limits the use of expenditures from the Unified Statewide 911 Emergency Service
20     Account during the study; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a coordination clause.

26     Utah Code Sections Affected:
27     AMENDS:
28          63H-7-103, as renumbered and amended by Laws of Utah 2014, Chapter 320
29     ENACTS:
30          63H-7-206, Utah Code Annotated 1953
31     Utah Code Sections Affected by Coordination Clause:
32          63H-7-206, Utah Code Annotated 1953
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 63H-7-103 is amended to read:
36          63H-7-103. Definitions.
37          As used in this chapter:
38          (1) "Authority" means the Utah Communications Authority, an independent state
39     agency created in Section 67H-7-201.
40          (2) "Board" means the Utah Communications Authority Board created in Section
41     67H-7-203.
42          (3) "Bonds" means bonds, notes, certificates, debentures, contracts, lease purchase
43     agreements, or other evidences of indebtedness or borrowing issued or incurred by the
44     authority pursuant to this chapter.
45          [(5)] (4) "FirstNet" means the First Responder Network Authority created by Congress
46     in the Middle Class Tax Relief and Job Creation Act of 2012.
47          [(6)] (5) "Lease" means any lease, lease purchase, sublease, operating, management, or
48     similar agreement.
49          [(7)] (6) "Local entity" means a county, city, town, local district, special service
50     district, or interlocal entity created under Title 11, Chapter 13, Interlocal Cooperation Act.
51          [(8)] (7) "Member" means a public agency which:
52          (a) adopts a membership resolution to be included within the authority; and
53          (b) submits an originally executed copy of an authorizing resolution to the authority's
54     office.
55          [(9)] (8) "Member representative" means a person or that person's designee appointed
56     by the governing body of each member.

57          [(10)] (9) "Public agency" means any political subdivision of the state, including cities,
58     towns, counties, school districts, local districts, and special service districts, dispatched by a
59     public safety answering point.
60          [(11)] (10) "Public safety answering point" or "PSAP" means an organization, entity, or
61     combination of entities [which] that have joined together to form a central answering point for
62     the receipt, management, and dissemination to the proper responding agency, of emergency and
63     nonemergency communications, including 911 communications, police, fire, emergency
64     medical, transportation, parks, wildlife, corrections, and any other governmental
65     communications.
66          [(4)] (11) "Public safety communications network" means:
67          (a) a regional or statewide public safety governmental communications network and
68     related facilities, including real property, improvements, and equipment necessary for the
69     acquisition, construction, and operation of the services and facilities; and
70          (b) 911 emergency services, including radio communications, microwave connectivity,
71     FirstNet coordination, and computer aided dispatch system.
72          (12) "State" means the state of Utah.
73          (13) "State representative" means the six appointees of the governor or their designees
74     and the Utah state treasurer or his designee.
75          Section 2. Section 63H-7-206 is enacted to read:
76          63H-7-206. Functional consolidation of PSAPs study.
77          (1) As used in this section:
78          (a) "Functional consolidation" means the process of ensuring that disparate public
79     safety answering points and public safety dispatching centers work together in an efficient and
80     effective way.
81          (b) "PSAP operator":
82          (i) means a public agency that operates a PSAP; and
83          (ii) does not include an institution of higher education, a school district, or an airport
84     authority that operates a PSAP.
85          (2) Beginning on or after July 1, 2015, the board shall commission and oversee a
86     performance audit and study of the state's 911 emergency response system and related elements
87     of the public safety communications network, which shall include:

88          (a) a review of statutory provisions and efforts of the Utah 911 Committee, the 911
89     program manager, and the Office of the Statewide Interoperability Coordinator regarding the
90     assessment, planning, rules, technology review, and standardization of the state's 911
91     emergency response system and related elements of the public safety communications network;
92          (b) working with state and local stakeholders to determine potential cost savings and
93     increases in quality and efficiency that may be achieved by the functional consolidation of
94     PSAPs and dispatch centers throughout the state, including recommendations regarding:
95          (i) an efficient and effective public safety communications management structure to
96     ensure that high quality 911 emergency services are available to the state's citizens;
97          (ii) common standard operating procedures that ensure the least amount of call
98     processing time;
99          (iii) efficient methods to transfer calls between PSAPs and from a PSAP to a first
100     responder, regardless of jurisdiction;
101          (iv) uniformity of equipment and software protocols to accomplish seamless
102     functionality between computer aided dispatch systems;
103          (v) interoperable telephonic and radio systems to ensure coordination between
104     jurisdictions; and
105          (vi) how unnecessary duplication of services may be reduced or eliminated;
106          (c) making recommendations for inclusion in the strategic plan for the state's 911
107     emergency response system and related elements of the public safety communications network,
108     which recommendations may include:
109          (i) how PSAPs may benefit from functional consolidation;
110          (ii) how PSAPs within designated regions may accept calls and provide emergency
111     communication services for first responders using interoperable equipment, software,
112     protocols, and standard operating procedures; and
113          (iii) how PSAPs, regardless of physical location, may operate on interoperable, shared,
114     or hosted technology platforms and with common policies to reduce the need to transfer calls
115     between PSAPs;
116          (d) describing and recommending potential solutions to the biggest impediments to
117     functional consolidation of PSAPs; and
118          (e) making recommendations regarding necessary personnel and associated job duties

119     within the Utah Communications Authority.
120          (3) On or before July 1, 2016, the performance audit and study described in Subsection
121     (2) shall be completed and submitted by the board in writing to the Law Enforcement and
122     Criminal Justice Interim Committee and the Retirement and Independent Entities Interim
123     Committee.
124          (4) (a) Money from the Unified Statewide 911 Emergency Service Account created in
125     Section 63H-7-304 may not be used to fund a new local PSAP, call taking, or dispatching
126     project before the completion of the performance audit and study described in Subsection (2),
127     unless the board determines that an exigent circumstance requires the allocation of funds.
128          (b) Money from the Unified Statewide 911 Emergency Service Account may be used to
129     fund ongoing maintenance of existing equipment and projects approved before July 1, 2015.
130          (5) After July 1, 2016, money spent from the Unified Statewide 911 Emergency
131     Service Account created in Section 63H-7-304 for projects, including state and local PSAP and
132     dispatching projects, shall be made after consideration of the:
133          (a) recommendations of the performance audit and study described in Subsection (2);
134     and
135          (b) strategic plan for the state's network 911 emergency response system and related
136     elements of the public safety communications network described in Subsection (2)(c).
137          Section 3. Coordinating S.B. 237 with H.B. 343 -- Substantive and technical
138     amendments.
139          If this S.B. 237 and H.B. 343, Utah Communication Authority Emergency Radio and
140     911 Amendments, both pass and become law, it is the intent of the Legislature that the Office
141     of Legislative Research and General Counsel, in preparing the Utah Code database for
142     publication:
143          (1) renumber Section 63H-7-206 created in this S.B. 237 to 63H-7a-206;
144          (2) provide that this S.B. 237 takes effect on July 1, 2015; and
145          (3) that Section 63H-7-206 in this S.B. 237 be replaced with the following:
146          "63H-7a-206. Functional consolidation of PSAPs study.
147          (1) As used in this section:
148          (a) "Functional consolidation" means the process of ensuring that disparate public
149     safety answering points and public safety dispatching centers work together in an efficient and

150     effective way.
151          (b) "PSAP operator":
152          (i) means a public agency that operates a PSAP; and
153          (ii) does not include an institution of higher education, a school district, or an airport
154     authority that operates a PSAP.
155          (2) Beginning on or after July 1, 2015, the board shall commission and oversee a
156     performance audit and study of the state's 911 emergency response system and related elements
157     of the public safety communications network, which shall include:
158          (a) a review of statutory provisions and efforts of the authority, executive director,
159     Utah 911 Division, and Interoperability Division regarding the assessment, planning, rules,
160     technology review, and standardization of the state's 911 emergency response system and
161     related elements of the public safety communications network;
162          (b) working with state and local stakeholders to determine potential cost savings and
163     increases in quality and efficiency that may be achieved by the functional consolidation of
164     PSAPs and dispatch centers throughout the state, including recommendations regarding:
165          (i) an efficient and effective public safety communications management structure to
166     ensure that high quality 911 emergency services are available to the state's citizens;
167          (ii) common standard operating procedures that ensure the least amount of call
168     processing time;
169          (iii) efficient methods to transfer calls between PSAPs and from a PSAP to a first
170     responder, regardless of jurisdiction;
171          (iv) uniformity of equipment and software protocols to accomplish seamless
172     functionality between computer aided dispatch systems;
173          (v) interoperable telephonic and radio systems to ensure coordination between
174     jurisdictions; and
175          (vi) how unnecessary duplication of services may be reduced or eliminated;
176          (c) making recommendations for inclusion in the strategic plan for the state's 911
177     emergency response system and related elements of the public safety communications network,
178     which recommendations may include:
179          (i) how PSAPs may benefit from functional consolidation;
180          (ii) how PSAPs within designated regions may accept calls and provide emergency

181     communication services for first responders using interoperable equipment, software,
182     protocols, and standard operating procedures; and
183          (iii) how PSAPs, regardless of physical location, may operate on interoperable, shared,
184     or hosted technology platforms and with common policies to reduce the need to transfer calls
185     between PSAPs;
186          (d) describing and recommending potential solutions to the biggest impediments to
187     functional consolidation of PSAPs; and
188          (e) making recommendations regarding necessary personnel and associated job duties
189     within the authority.
190          (3) On or before July 1, 2016, the performance audit and study described in Subsection
191     (2) shall be completed and submitted by the board in writing to the Law Enforcement and
192     Criminal Justice Interim Committee and the Retirement and Independent Entities Interim
193     Committee.
194          (4) (a) Money from the Unified Statewide 911 Emergency Service Account created in
195     Section 63H-7a-304 may not be used to fund a new local PSAP, call taking, or dispatching
196     project before the completion of the performance audit and study described in Subsection (2),
197     unless the board determines that an exigent circumstance requires the allocation of funds.
198          (b) Money from the Unified Statewide 911 Emergency Service Account may be used to
199     fund ongoing maintenance of existing equipment and projects approved before July 1, 2015.
200          (5) After July 1, 2016, money spent from the Unified Statewide 911 Emergency
201     Service Account created in Section 63H-7a-304 for projects, including state and local PSAP
202     and dispatching projects, shall be made after consideration of the:
203          (a) recommendations of the performance audit and study described in Subsection (2);
204     and
205          (b) strategic plan for the state's network 911 emergency response system and related
206     elements of the public safety communications network described in Subsection (2)(c)."