This document includes House Floor Amendments incorporated into the bill on Thu, Mar 14, 2019 at 12:20 PM by pflowers.
Senator Wayne A. Harper proposes the following substitute bill:


1     
UTAH COMMUNICATIONS AUTHORITY AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Bradley G. Last

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the Utah Communications Authority.
10     Highlighted Provisions:
11          This bill:
12          ▸     clarifies purposes of the Utah Communications Authority and the authority's Radio
13     Network Division;
14          ▸     clarifies the definition of a public safety answering point in the state of Utah;
15          ▸     amends provisions related to the authority's ability to sell network capacity;
16          ▸     amends provisions related to the Utah Communications Authority board;
17          ▸     amends provisions related to the duties of the Utah Communications Authority
18     Board and the Radio Network Division;
19          ▸     repeals the operations advisory committee and creates the public safety advisory
20     committee;
21          ▸     repeals regional advisory committees and creates the PSAP advisory committee;
22          ▸     provides duties of the advisory committees in relation to the Utah Communications
23     Authority board, including nonvoting board membership of the chair of each
24     committee;
25          ▸     modifies provisions in the determination of asset distribution in the event of the
26     Utah Communications Authority's dissolution;
27          ▸     prohibits any public entity from causing or allowing a 911 or emergency call box
28     communication to be redirected to anywhere other than the 911 emergency service
29     network;
30          ▸     updates provisions related to the Computer Aided Dispatch Restricted Account;
31          ▸     authorizes the Utah Communications Authority to not expend funds from the
32     Unified Statewide 911 Emergency Service Account and the Utah Statewide Radio
33     System Restricted Account in certain circumstances;
34          ▸     exempts the Utah Communications Authority from certain provisions of Title 63J,
35     Chapter 1, Budgetary Procedures Act, in certain circumstances;
36          ▸     clarifies audit reporting requirements for counties not serviced by a single,
37     physically consolidated public safety answering point to the Utah Communications
38     Authority;
39          ▸     extends to July 1, 2028, the sunset of the emergency services telecommunication
40     charge to fund unified statewide 911 emergency service;
41          ▸     raises the Unified Statewide 911 emergency service charge for each access line in
42     the state;
43          ▸     changes percentage rates distributed from the prepaid wireless 911 service charge
44     revenue to a public safety answering point, the Unified Statewide 911 Emergency
45     Service Account, and the Utah Statewide Radio System Restricted Account; and
46          ▸     makes technical changes.
47     Money Appropriated in this Bill:
48          None
49     Other Special Clauses:
50          This bill provides a special effective date.
51     Utah Code Sections Affected:
52     AMENDS:
53          63H-7a-102, as last amended by Laws of Utah 2017, Chapter 430
54          63H-7a-103, as last amended by Laws of Utah 2017, Chapter 430
55          63H-7a-202, as last amended by Laws of Utah 2017, Chapter 430
56          63H-7a-203, as last amended by Laws of Utah 2017, Chapter 430
57          63H-7a-204, as last amended by Laws of Utah 2017, Chapter 430
58          63H-7a-206, as repealed and reenacted by Laws of Utah 2017, Chapter 430
59          63H-7a-303, as last amended by Laws of Utah 2017, Chapter 430
60          63H-7a-304, as last amended by Laws of Utah 2017, Chapter 430
61          63H-7a-402, as last amended by Laws of Utah 2016, Chapters 123 and 179
62          63H-7a-403, as last amended by Laws of Utah 2017, Chapter 430
63          63H-7a-802, as renumbered and amended by Laws of Utah 2015, Chapter 411
64          63H-7a-803, as last amended by Laws of Utah 2017, Chapters 221 and 430
65          63I-1-269, as last amended by Laws of Utah 2017, Chapter 430
66          69-2-201, as renumbered and amended by Laws of Utah 2017, Chapter 430
67          69-2-203, as enacted by Laws of Utah 2017, Chapter 430
68          69-2-403, as renumbered and amended by Laws of Utah 2017, Chapter 430
69          69-2-405, as renumbered and amended by Laws of Utah 2017, Chapter 430
70     REPEALS AND REENACTS:
71          63H-7a-207, as enacted by Laws of Utah 2017, Chapter 430
72          63H-7a-208, as enacted by Laws of Utah 2017, Chapter 430
73     

74     Be it enacted by the Legislature of the state of Utah:
75          Section 1. Section 63H-7a-102 is amended to read:
76          63H-7a-102. Utah Communications Authority -- Purpose.
77          (1) This chapter establishes the Utah Communications Authority as an independent
78     state agency.
79          (2) The Utah Communications Authority shall:
80          (a) provide administrative and financial support for statewide 911 emergency services;
81     and
82          (b) establish and maintain a statewide public safety communications network for state
83     agencies, public safety agencies, and public safety answering points.
84          Section 2. Section 63H-7a-103 is amended to read:
85          63H-7a-103. Definitions.
86          As used in this chapter:
87          (1) "Association of governments" means an association of political subdivisions of the
88     state, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal
89     Cooperation Act.
90          (2) "Authority" means the Utah Communications Authority created in Section
91     63H-7a-201.
92          (3) "Board" means the Utah Communications Authority Board created in Section
93     63H-7a-203.
94          (4) "Dispatch center" means an entity that receives and responds to an emergency or
95     nonemergency communication transferred to the entity from a public safety answering point.
96          (5) "FirstNet" means the federal First Responder Network Authority established in 47
97     U.S.C. Sec. 1424.
98          (6) "Lease" means any lease, lease purchase, sublease, operating, management, or
99     similar agreement.
100          (7) "Public agency" means any political subdivision of the state dispatched by a public
101     safety answering point.
102          (8) "Public safety agency" means the same as that term defined in Section 69-2-102.
103          [(8)] (9) "Public safety answering point" or "PSAP" means an entity in this state that:
104          (a) receives, as a first point of contact, direct 911 emergency [and nonemergency
105     communications requesting a public safety service] communications from the 911 emergency
106     service network requesting a public safety service;
107          (b) has a facility with the equipment and staff necessary to receive the communication;
108          (c) assesses, classifies, and prioritizes the communication; and
109          (d) dispatches the communication to the proper responding agency.
110          [(9)] (10) "Public safety communications network" means:
111          (a) a regional or statewide public safety governmental communications network and
112     related facilities, including real property, improvements, and equipment necessary for the
113     acquisition, construction, and operation of the services and facilities; and
114          (b) 911 emergency services, including radio communications, connectivity, and
115     [computer aided dispatch systems] 911 call processing equipment.
116          Section 3. Section 63H-7a-202 is amended to read:
117          63H-7a-202. Powers of the authority.
118          (1) The authority has the power to:
119          (a) sue and be sued in the authority's own name;
120          (b) have an official seal and power to alter that seal at will;
121          (c) make and execute contracts and all other instruments necessary or convenient for
122     the performance of the authority's duties and the exercise of the authority's powers and
123     functions under this chapter, including contracts with public and private providers;
124          (d) own, acquire, design, construct, operate, maintain, repair, and dispose of any
125     portion of a public safety communications network utilizing technology that is fiscally prudent,
126     upgradable, technologically advanced, redundant, and secure;
127          (e) borrow money and incur indebtedness;
128          (f) enter into agreements with public agencies, private entities, the state, and federal
129     government to provide public safety communications network services on terms and conditions
130     the authority considers to be in the best interest of the authority;
131          (g) acquire, by gift, grant, purchase, or by exercise of eminent domain, any real
132     property or personal property in connection with the acquisition and construction of a public
133     safety communications network and all related facilities and rights-of-way that the authority
134     owns, operates, and maintains;
135          (h) except as provided in Subsection (3), sell public safety communications network
136     capacity to a state agency [or], a political subdivision of the state, an agency of the federal
137     government, or a private entity engaged in a public safety purpose, if the sale is:
138          (i) for a public safety purpose;
139          (ii) consistent with the authority's duties under this chapter; or
140          (iii) pursuant to:
141          (A) an agreement entered into by the authority before January 1, 2017; or
142          (B) a renewal of an agreement described in Subsection (1)(h)(iii)(A);
143          (i) review, approve, disapprove, or revise recommendations regarding the expenditure
144     of funds disbursed by the authority under this chapter; and
145          (j) perform all other duties authorized by this chapter.
146          (2) The authority may not intentionally overbuild the public safety communications
147     network for the purpose of competing with a public or private provider of a
148     telecommunications service.
149          (3) Notwithstanding Subsection (1)(h), the authority may not sell public safety
150     communications network capacity to any telecommunication carrier.
151          Section 4. Section 63H-7a-203 is amended to read:
152          63H-7a-203. Board established -- Terms -- Vacancies.
153          (1) There is created the Utah Communications Authority Board.
154          (2) The board shall consist of nine voting board members and two nonvoting board
155     members as follows:
156          (a) as voting members:
157          (i) three individuals appointed by the governor with the advice and consent of the
158     Senate;
159          [(b)] (ii) one individual appointed by the speaker of the House of Representatives;
160          [(c)] (iii) one individual appointed by the president of the Senate;
161          [(d)] (iv) two individuals nominated by an association that represents cities and towns
162     in the state and appointed by the governor with the advice and consent of the Senate; and
163          [(e)] (v) two individuals nominated by an association that represents counties in the
164     state and appointed by the governor with the advice and consent of the Senate[.]; and
165          (b) as nonvoting members, the chairs of the public safety advisory committee created
166     in Section 63H-7a-207 and the PSAP advisory committee created in Section 63H-7a-208.
167          (3) Subject to this section, an individual is eligible for appointment under Subsection
168     (2) if the individual has knowledge of at least one of the following:
169          (a) law enforcement;
170          (b) public safety;
171          (c) fire service;
172          (d) telecommunications;
173          (e) finance;
174          (f) management; and
175          (g) government.
176          (4) An individual may not serve as a voting board member if the individual is a current
177     public safety communications network:
178          (a) user; or
179          (b) vendor.
180          (5) (a) (i) Five of the board members appointed under Subsection (2)(a) shall serve an
181     initial term of two years and four of the board members appointed under Subsection (2)(a) shall
182     serve an initial term of four years.
183          (ii) Successor board members shall each serve a term of four years.
184          (b) (i) The governor may remove a board member with cause.
185          (ii) If the governor removes a board member the entity that appointed the board
186     member under Subsection (2)(a) shall appoint a replacement board member in the same manner
187     as described in Subsection (2)(a).
188          (6) (a) The governor shall, after consultation with the board, appoint a voting board
189     member as chair of the board with the advice and consent of the Senate.
190          (b) The chair shall serve a two-year term.
191          (7) The board shall meet on an as-needed basis and as provided in the bylaws.
192          (8) (a) The board shall elect one of the board members to serve as vice chair.
193          (b) (i) The board may elect a secretary and treasurer who are not members of the board.
194          (ii) If the board elects a secretary or treasurer who is not a member of the board, the
195     secretary or treasurer does not have voting power.
196          (c) A separate individual shall hold the offices of chair, vice chair, secretary, and
197     treasurer.
198          (9) [Each] Except for the nonvoting members described in Subsection (2)(b), each
199     board member, including the chair, has one vote.
200          (10) A vote of a majority of the board members is necessary to take action on behalf of
201     the board.
202          (11) A board member may not receive compensation for the member's service on the
203     board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
204     Chapter 3, Utah Administrative Rulemaking Act, receive:
205          (a) a per diem at the rate established under Section 63A-3-106; and
206          (b) travel expenses at the rate established under Section 63A-3-107.
207          Section 5. Section 63H-7a-204 is amended to read:
208          63H-7a-204. Board -- Powers and duties.
209          The board shall:
210          (1) manage the affairs and business of the authority consistent with this chapter;
211          (2) adopt bylaws;
212          (3) appoint an executive director to administer the authority;
213          (4) receive and act upon reports covering the operations of the public safety
214     communications network and funds administered by the authority;
215          (5) receive and act upon reports from the Radio Network Division prepared pursuant to
216     Subsection 63H-7a-402(1)(b) that identify the benefits, costs, and economic feasibility of using
217     existing public or private facilities, equipment, or services consistent with Subsections
218     63H-7a-402(1)(a), 63H-7a-404(2)(c), and 63H-7a-404(3) prior to issuing or approving a
219     request for proposal;
220          [(5)] (6) ensure that the public safety communications network and funds are
221     administered according to law;
222          [(6)] (7) examine and approve an annual operating budget for the authority;
223          [(7)] (8) receive and act upon recommendations of the director;
224          [(8)] (9) recommend to the governor and Legislature legislation involving the public
225     safety communications network;
226          [(9)] (10) develop policies for the long-term operation of the authority and the
227     performance of the authority's functions;
228          [(10)] (11) authorize the executive director to enter into agreements on behalf of the
229     authority;
230          [(11)] (12) provide for the management and administration of the public safety
231     communications network by rule made in accordance with Title 63G, Chapter 3, Utah
232     Administrative Rulemaking Act;
233          [(12)] (13) exercise the powers and perform the duties conferred on the board by this
234     chapter;
235          (14) consider issues and information received from the public safety advisory
236     committee and the PSAP advisory committee;
237          [(13)] (15) provide for audits of the authority; and
238          [(14)] (16) establish the following divisions within the authority:
239          (a) 911 Division;
240          (b) Radio Network Division;
241          (c) Interoperability Division; and
242          (d) Administrative Services Division.
243          Section 6. Section 63H-7a-206 is amended to read:
244          63H-7a-206. Strategic plan -- Report.
245          (1) The authority shall create, maintain and review annually a statewide,
246     comprehensive multiyear strategic plan in consultation with state and local stakeholders and
247     the [regional advisory committees] PSAP advisory committee created in Section 63H-7a-208
248     that:
249          (a) coordinates the authority's activities and duties in the:
250          (i) 911 Division;
251          (ii) Radio Network Division;
252          (iii) Interoperability Division; and
253          (iv) Administrative Services Division; and
254          (b) includes a plan for:
255          (i) the public safety communications network;
256          (ii) developing new systems;
257          (iii) expanding existing systems, including microwave and fiber optics based systems;
258          (iv) statewide interoperability;
259          (v) statewide coordination; and
260          (vi) FirstNet standards.
261          (2) The executive director shall update the strategic plan described in Subsection (1)
262     before July 1 of each year.
263          (3) The executive director shall, before December 1 of each year, report on the strategic
264     plan described in Subsection (1) to:
265          (a) the board;
266          (b) the Executive Offices and Criminal Justice Appropriations Subcommittee; and
267          (c) the Legislative Management Committee.
268          (4) The authority shall consider the strategic plan described in Subsection (1) before
269     spending funds in the restricted accounts created by this chapter.
270          Section 7. Section 63H-7a-207 is repealed and reenacted to read:
271          63H-7a-207. Public safety advisory committee.
272          (1) There is established the public safety advisory committee composed of 15 members
273     as described in Subsections (2) and (3).
274          (2) The board shall appoint members to the public safety advisory committee as
275     follows:
276          (a) one representative from an association that represents fire chiefs in the state;
277          (b) one representative from an association that represents police chiefs in the state;
278          (c) one representative from an association that represents sheriffs in the state;
279          (d) one representative from an association that represents emergency medical service
280     personnel in the state;
281          (e) one member of law enforcement from a county of the first or second class;
282          (f) one member of law enforcement from a county of the third or fourth class;
283          (g) one member of law enforcement from a county of the fifth or sixth class;
284          (h) one individual from a fire department within a county of the first or second class;
285          (i) one individual from a fire department within a county of the third or fourth class;
286          (j) one individual from a fire department within a county of the fifth or sixth class; and
287          (k) one individual from the public safety communications industry.
288          (3) The following shall serve on the public safety advisory committee:
289          (a) the commissioner of public safety or the commissioner's designee;
290          (b) the executive director of the Department of Transportation or the executive
291     director's designee;
292          (c) the chair of the public safety answering point advisory committee created in Section
293     63H-7a-208; and
294          (d) an individual nominated by the representatives of tribal governments elected under
295     Section 9-9-104.5.
296          (4) (a) Subject to Subsection (4)(b), each member appointed pursuant to Subsection (2)
297     shall be appointed to a four-year term beginning July 1, 2019.
298          (b) Notwithstanding Subsection (2)(a), the board shall:
299          (i) at the time of appointment or reappointment of individuals described in Subsection
300     (2), adjust the length of terms to ensure that the terms of committee members are staggered so
301     that approximately half of the those appointed pursuant to Subsection (2) are appointed every
302     two years; and
303          (ii) not reappoint a member for more than two consecutive terms.
304          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
305     appointed as described in Subsection (2) or (3), as applicable, for the unexpired term.
306          (6) (a) Each January, the committee shall organize and select one of the committee's
307     members as chair and one member as vice chair.
308          (b) The committee may organize standing or ad hoc subcommittees, which shall
309     operate in accordance with guidelines established by the committee.
310          (7) (a) The chair shall convene a minimum of four meetings per year.
311          (b) The chair may call special meetings.
312          (c) The chair shall call a meeting upon request of eight or more members of the
313     committee.
314          (8) Eight members of the committee constitute a quorum for the transaction of
315     business, and the action of a majority of the members present is the action of the committee.
316          (9) A member may not receive compensation or benefits for the member's service.
317          (10) The public safety advisory committee shall make recommendations to the director
318     regarding:
319          (a) the authority operations and policies;
320          (b) the radio network division and interoperability division strategic plans;
321          (c) the operation, maintenance, and capital development of the public safety
322     communications network; and
323          (d) the authority's administrative rules relative to the radio network division and
324     interoperability division.
325          (11) The chair of the public safety advisory committee is a nonvoting member of the
326     board.
327          (12) The committee is subject to Title 52, Chapter 4, Open and Public Meetings Act.
328          Section 8. Section 63H-7a-208 is repealed and reenacted to read:
329          63H-7a-208. PSAP advisory committee.
330          (1) There is established a PSAP advisory committee composed of nine members
331     appointed by the board as follows:
332          (a) one representative from a PSAP managed by a city;
333          (b) one representative from a PSAP managed by a county;
334          (c) one representative from a PSAP managed by a special service district;
335          (d) one representative from a PSAP managed by the Department of Public Safety;
336          (e) one representative from a PSAP from a county of the first class;
337          (f) one representative from a PSAP from a county of the second class;
338          (g) one representative from a PSAP from a county of the third or fourth class;
339          (h) one representative from a PSAP from a county of the fifth or sixth class; and
340          (i) one member from the telecommunications industry.
341          (2) (a) Except as provided in Subsection (2)(b), each member shall be appointed to a
342     four-year term beginning July 1, 2019.
343          (b) Notwithstanding Subsection (2)(a), the board shall:
344          (i) at the time of appointment or reappointment, adjust the length of terms to ensure
345     that the terms of committee members are staggered so that the terms of approximately half of
346     the committee end every two years; and
347          (ii) not reappoint a member for more than two consecutive terms.
348          (3) If a vacancy occurs in the membership for any reason, the replacement shall be
349     appointed by the board for the unexpired term.
350          (4) (a) Each January, the committee shall organize and select one of its members as
351     chair and one member as vice chair.
352          (b) The committee may organize standing or ad hoc subcommittees, which shall
353     operate in accordance with guidelines established by the committee.
354          (5) (a) The chair shall convene a minimum of four meetings per year.
355          (b) The chair may call special meetings.
356          (c) The chair shall call a meeting upon request of five or more members of the
357     committee.
358          (6) Five members of the committee constitute a quorum for the transaction of business,
359     and the action of a majority of the members present is the action of the committee.
360          (7) A member may not receive compensation or benefits for the member's service.
361          (8) The PSAP advisory committee shall make recommendations to the director and the
362     board regarding:
363          (a) the authority operations and policies;
364          (b) the 911 division and interoperability division strategic plans;
365          (c) the operation, maintenance, and capital development of the public safety
366     communications network;
367          (d) the authority's administrative rules relative to the 911 division and the
368     interoperability division; and
369          (e) the development of minimum standards and best practices as described in
370     Subsection 63H-7a-302(1)(a).
371          (9) The chair of the PSAP advisory committee is a nonvoting member of the board.
372          (10) The committee is subject to Title 52, Chapter 4, Open and Public Meetings Act.
373          Section 9. Section 63H-7a-303 is amended to read:
374          63H-7a-303. Computer Aided Dispatch Restricted Account -- Creation --
375     Administration -- Permitted uses.
376          (1) There is created a restricted account within the General Fund known as the
377     "Computer Aided Dispatch Restricted Account," consisting of[: (a)] money appropriated or
378     otherwise made available by the Legislature[; and].
379          [(b) contributions of money from federal agencies, political subdivisions of the state,
380     persons, or corporations.]
381          (2) Subject to this Subsection (2) and appropriations by the Legislature, the authority
382     may expend funds in the Computer Aided Dispatch Restricted Account for the following
383     purposes:
384          (a) enhancing public safety as provided in this chapter; and
385          (b) creating a shared computer aided dispatch system including:
386          (i) an interoperable computer aided dispatch platform that will be selected, shared, or
387     hosted on a statewide or regional basis;
388          (ii) an interoperable computer aided dispatch platform selected by a county of the first
389     class, when:
390          (A) authorized through an interlocal agreement between the county's two primary
391     public safety answering points; and
392          (B) the county's computer aided dispatch platform is capable of interfacing with the
393     platform described in Subsection (2)(b)(i); and
394          (iii) a statewide computer aided dispatch system data sharing platform to provide
395     interoperability of systems.
396          (3) Subject to an appropriation by the Legislature and approval by the board, the
397     Administrative Services Division may expend funds from the Computer Aided Dispatch
398     Restricted Account to cover the Administrative Services Division's administrative costs related
399     to the Computer Aided Dispatch Restricted Account.
400          (4) On July 1, 2022, all funds in the Computer Aided Dispatch Restricted Account
401     shall automatically transfer to the Unified Statewide 911 Emergency Service Account created
402     in Section 63H-7a-304.
403          Section 10. Section 63H-7a-304 is amended to read:
404          63H-7a-304. Unified Statewide 911 Emergency Service Account -- Creation --
405     Administration -- Permitted uses.
406          (1) There is created a restricted account within the General Fund known as the "Unified
407     Statewide 911 Emergency Service Account," consisting of:
408          (a) proceeds from the fee imposed in Section 69-2-403;
409          (b) money appropriated or otherwise made available by the Legislature; and
410          (c) contributions of money, property, or equipment from federal agencies, political
411     subdivisions of the state, persons, or corporations.
412          (2) (a) Except as provided in Subsection (4) and subject to Subsection (3) and
413     appropriations by the Legislature, the authority [may] shall disburse funds in the Unified
414     Statewide 911 Emergency Service Account for the purpose of enhancing and maintaining the
415     statewide public safety communications network and 911 call processing equipment in order to
416     rapidly and efficiently deliver 911 services in the state.
417          (b) In expending funds in the Unified Statewide 911 Emergency Service Account, the
418     authority shall give a higher priority to an expenditure that:
419          (i) best promotes statewide public safety;
420          (ii) best promotes interoperability;
421          (iii) impacts the largest service territory;
422          (iv) impacts a densely populated area; or
423          (v) impacts an underserved area.
424          (c) The authority shall expend funds in the Unified Statewide 911 Emergency Service
425     Account in accordance with the authority strategic plan described in Section 63H-7a-206.
426          (d) The authority may not expend funds from the Unified Statewide 911 Emergency
427     Service Account collected through the 911 emergency service charge imposed in Section
428     69-2-403 on behalf of a PSAP that chooses not to participate in the:
429          (i) public safety communications network; and
430          (ii) the 911 emergency service defined in Section 69-2-102.
431          (e) The authority may not expend funds from the Unified Statewide 911 Emergency
432     Service Account collected through the prepaid wireless 911 service charge revenue distributed
433     in Subsection 69-2-405(9)(b)(ii) on behalf of a PSAP that chooses not to participate in the:
434          (i) public safety communications network; and
435          (ii) 911 emergency service defined in Section 69-2-102.
436          [(d)] (f) The executive director shall recommend to the board expenditures for the
437     authority to make from the Unified Statewide 911 Emergency Service Account in accordance
438     with this Subsection (2).
439          (3) Subject to an appropriation by the Legislature and approval by the board , the
440     Administrative Services Division may use funds in the Unified Statewide 911 Emergency
441     Service Account to cover the Administrative Services Division's administrative costs related to
442     the Unified Statewide 911 Emergency Service Account.
443          (4) (a) The authority shall reimburse from the Unified Statewide 911 Emergency
444     Service Account to the Automated Geographic Reference Center created in Section 63F-1-506
445     an amount equal to up to 1 cent of each unified statewide 911 emergency service charge
446     deposited into the Unified Statewide 911 Emergency Service Account under Section 69-2-403.
447          (b) The Automated Geographic Reference Center shall use the funds reimbursed to the
448     Automated Geographic Reference Center under Subsection (4)(a) to:
449          (i) enhance and upgrade digital mapping standards; and
450          (ii) maintain a statewide geospatial database for unified statewide 911 emergency
451     service.
452          (c) Subject to an appropriation by the Legislature, the authority may expend funds from
453     the United Statewide 911 Emergency Service Account to reimburse a county for the costs, up
454     to $60,000, of each audit described in Section 69-2-203.
455          Section 11. Section 63H-7a-402 is amended to read:
456          63H-7a-402. Radio Network Division duties.
457          (1) The Radio Network Division shall:
458          (a) provide and maintain the public safety communications network for state agencies
459     and local government public safety agencies within the authority network, including the
460     existing VHF and 800 MHz networks, in a manner that:
461          (i) promotes high quality, cost effective service;
462          (ii) evaluates the benefits, cost, existing facilities, equipment, and services of public
463     and private providers; and
464          (iii) where economically feasible, utilizes existing infrastructure to avoid duplication of
465     facilities, equipment, and services of providers of communication services;
466          (b) prior to issuing one or more requests for proposal:
467          (i) prepare a report demonstrating the Radio Network Division has:
468          (A) identified the locations and functional capabilities of existing public and private
469     communications facilities in the state;
470          (B) specifically evaluated the benefits, costs, and economic feasibility of utilizing
471     existing facilities, equipment, and services of public and private providers; and
472          (C) identified the public and private communications facilities that may be integrated
473     with the public safety communications network; and
474          (ii) present the report to the board at an open and public board meeting;
475          [(b)] (c) prepare and submit to the executive director for approval by the board:
476          (i) an annual budget for the Radio Network Division;
477          (ii) an annual plan for the program funded by the Utah Statewide Radio System
478     Restricted Account created in Section 63H-7a-403; and
479          (iii) information required by the director to contribute to the comprehensive strategic
480     plan described in [Subsection 63H-7a-204(18)] Section 63H-7a-206;
481          [(c)] (d) recommend to the executive director administrative rules for approval by the
482     board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
483     administer the program funded by the restricted account created in Section 63H-7a-403,
484     including rules that establish the criteria, standards, technology, equipment, and services that
485     will qualify for goods or services that are funded from the restricted accounts; and
486          [(d)] (e) fulfill other duties assigned to the Radio Network Division under this chapter.
487          (2) The Radio Network Division may:
488          (a) recommend to the executive director to sell, lease, or otherwise dispose of
489     equipment or personal property purchased, leased, or belonging to the authority that is related
490     to the public safety communications network;
491          (b) recommend to the executive director to own, operate, or enter into contracts for the
492     public safety communications network;
493          (c) review information regarding:
494          (i) in aggregate, the number of radio service subscribers by service type in a political
495     subdivision; and
496          (ii) matters related to the public safety communications network;
497          (d) in accordance with Subsection (2)(c), request information from:
498          (i) local and state entities; and
499          (ii) public safety agencies; and
500          (e) employ outside consultants to study and advise the division on issues related to:
501          (i) the public safety communications network;
502          (ii) radio technologies and services;
503          (iii) microwave connectivity;
504          (iv) fiber connectivity; and
505          (v) public safety communication network connectivity and usage.
506          (3) The information requested by and provided to the Radio Network Division under
507     Subsections (2)(c) and (d) is a protected record in accordance with Section 63G-2-305.
508          (4) This section does not expand the authority of the State Tax Commission to request
509     additional information from a telecommunication service provider.
510          Section 12. Section 63H-7a-403 is amended to read:
511          63H-7a-403. Utah Statewide Radio System Restricted Account -- Creation --
512     Administration.
513          (1) There is created a restricted account within the General Fund known as the "Utah
514     Statewide Radio System Restricted Account," consisting of:
515          (a) money appropriated or otherwise made available by the Legislature; and
516          (b) contributions of money from federal agencies, political subdivisions of the state,
517     persons, or corporations.
518          (2) (a) Subject to appropriations by the Legislature and subject to this Subsection (2),
519     the authority may expend funds in the Utah Statewide Radio System Restricted Account for the
520     purpose of acquiring, constructing, operating, maintaining, and repairing a statewide radio
521     system public safety communications network as authorized in Section 63H-7a-202, including:
522          (i) public safety communications network and related facilities, real property,
523     improvements, and equipment necessary for the acquisition, construction, and operation of
524     services and facilities;
525          (ii) installation, implementation, and maintenance of the public safety communications
526     network;
527          (iii) maintaining and upgrading VHF and 800 MHz radio networks; and
528          (iv) an operating budget to include personnel costs not otherwise covered by funds
529     from another account.
530          (b) For each radio network charge that is deposited into the Utah Statewide Radio
531     System Restricted Account under Section 69-2-404, the authority shall spend, subject to an
532     appropriation by the Legislature and this Subsection (2):
533          (i) on and after July 1, 2017, 18 cents of each total radio network charge to maintain
534     the public safety communications network, including:
535          (A) the 800 MHz and VHF radio networks;
536          (B) radio console network connectivity;
537          (C) funding a statewide interoperability coordinator; and
538          (D) supplementing costs formerly offset by public safety communications network user
539     fees assessed by the authority before July 1, 2017; and
540          (ii) on and after January 1, 2018, 34 cents of each total radio network charge to acquire,
541     construct, equip, and install property for, and to make improvements to, the 800 MHz radio
542     system, including debt service costs.
543          (c) In expending funds in the Utah Statewide Radio System Restricted Account, the
544     authority shall give a higher priority to an expenditure that:
545          (i) best promotes statewide public safety;
546          (ii) best promotes interoperability;
547          (iii) impacts the largest service territory;
548          (iv) impacts a densely populated area; or
549          (v) impacts an underserved area.
550          (d) The authority shall expend funds in the Utah Statewide Radio System Restricted
551     Account in accordance with the authority strategic plan described in Section 63H-7a-206.
552          (e) The authority may not expend funds from the Utah Statewide Radio System
553     Restricted Account collected through the radio network charge imposed in Section 69-2-404 on
554     behalf of a public agency or PSAP if the public agency or PSAP chooses not to participate in
555     the:
556          (i) public safety communications network; and
557          (ii) radio communications service defined in Section 69-2-102.
558          (f) The authority may not expend funds from the Utah Statewide Radio System
559     Restricted Account collected through the prepaid wireless 911 service charge revenue
560     distributed in Subsection 69-2-405(9)(b)(iii) on behalf of a public agency or PSAP if the public
561     agency or PSAP chooses not to participate in the:
562          (i) public safety communications network; and
563          (ii) radio communications service defined in Section 69-2-102.
564          [(e)] (g) The executive director shall recommend to the board expenditures for the
565     authority to make from the Utah Statewide Radio System Restricted Account in accordance
566     with this Subsection (2).
567          (3) Subject to appropriations by the Legislature , the Administrative Services Division
568      may expend funds in the Utah Statewide Radio System Restricted Account for administrative
569     costs that the Administrative Services Division incurs related to the Utah Statewide Radio
570     System Restricted Account .
571          Section 13. Section 63H-7a-802 is amended to read:
572          63H-7a-802. Term of the authority -- Dissolution -- Withdrawal.
573          (1) [(a)] The authority may be dissolved by an act of the Legislature.
574          [(b)] (2) Title to all assets of the authority upon its dissolution shall revert to the
575     [members and the state pro rata, based upon the total amount of money paid to the authority by
576     each member or the] state for services provided [to each] by the public safety communications
577     network.
578          [(c)] (3) The board is authorized to:
579          [(i)] (a) take any necessary action to dissolve the authority; and
580          [(ii)] (b) dispose of the property of the authority upon its dissolution as provided in
581     Subsection [(1)(b)] (2).
582          [(2) (a) Each member may, at any time, withdraw as a member of the authority by
583     delivering to the board a written notice of withdrawal which has been approved by the
584     governing body of the member, except that a member may not withdraw from the authority at
585     any time during which it has an outstanding payment obligation to the authority as a result of
586     having entered into a service contract, lease, or other financial obligation.]
587          [(b) Except as provided in Subsection (2)(a), the board shall delete the petitioning
588     member from the membership of the authority as of the date of the board's receipt of the
589     member's notice of withdrawal. The board may not include a member who has given notice of
590     withdrawal in any future obligation of the authority.]
591          Section 14. Section 63H-7a-803 is amended to read:
592          63H-7a-803. Relation to certain acts -- Participation in Risk Management Fund.
593          (1) The Utah Communications Authority is exempt from:
594          (a) except as provided in Subsection (3), Title 63A, Utah Administrative Services
595     Code;
596          (b) Title 63G, Chapter 4, Administrative Procedures Act; and
597          (c) Title 67, Chapter 19, Utah State Personnel Management Act.
598          (2) (a) The board shall adopt budgetary procedures, accounting, and personnel and
599     human resource policies substantially similar to those from which they have been exempted in
600     Subsection (1).
601          (b) The authority, the board, and the committee members are subject to Title 67,
602     Chapter 16, Utah Public Officers' and Employees' Ethics Act.
603          (c) The authority is subject to Title 52, Chapter 4, Open and Public Meetings Act.
604          (d) The authority is subject to Title 63G, Chapter 6a, Utah Procurement Code.
605          (e) The authority is subject to Title 63J, Chapter 1, Budgetary Procedures Act, only
606     with respect to money appropriated to the authority by the Legislature.
607          (3) (a) Subject to the requirements of Subsection 63E-1-304(2), the administration may
608     participate in coverage under the Risk Management Fund created by Section 63A-4-201.
609          (b) The authority is subject to Title 63A, Chapter 3, Part 4, Utah Public Finance
610     Website.
611          Section 15. Section 63I-1-269 is amended to read:
612          63I-1-269. Repeal dates, Title 69.
613          Section 69-2-403, emergency services telecommunications charge to fund unified
614     statewide 911 emergency service, is repealed July 1, [2021] Ĥ→ [2028] 2025 ←Ĥ .
615          Section 16. Section 69-2-201 is amended to read:
616          69-2-201. Public safety answering point -- Establishment -- Administration --
617     Consolidation.
618          (1) (a) A public agency may:
619          (i) operate a public safety answering point to provide 911 emergency service to any
620     part of the geographic area within the public agency's jurisdiction;
621          (ii) subject to Subsection (1)(b), operate a public safety answering point with any other
622     contiguous public agency to provide 911 emergency service to any part of the geographic area
623     within the public agencies' jurisdictions; or
624          (iii) operate a public safety answering point under an agreement with another public
625     agency that existed before January 1, 2017, to provide 911 emergency service to any part of the
626     geographic area within the public agencies' jurisdictions.
627          (b) A public agency that operates a public safety answering point in connection with a
628     contiguous public agency shall:
629          (i) provide for the operation of the public safety answering point by interlocal
630     agreement between the public agencies; and
631          (ii) submit a copy of the interlocal agreement to the director of the Utah
632     Communications Authority.
633          (2) Except as provided in Subsection (3), a public agency may not establish a dispatch
634     center or a public safety answering point after January 1, 2017.
635          (3) (a) A public agency that operates a public safety answering point established before
636     January 1, 2017, may:
637          (i) continue to operate the public safety answering point; or
638          (ii) physically consolidate the public safety answering point with another public safety
639     answering point operated by another contiguous public agency.
640          (b) A county may establish a public safety answering point on or after January 1, 2017,
641     if no public safety answering point exists in the county.
642          (4) A public agency may, in order to provide funding for operating a public safety
643     answering point:
644          (a) seek funds from the federal or state government;
645          (b) seek funds appropriated by local governmental taxing authorities to fund a public
646     safety agency; or
647          (c) seek gifts, donations, or grants from a private entity.
648          (5) [Before July 1, 2017, each] Each dispatch center in the state shall enter into an
649     interlocal agreement with the governing authority of a public safety answering point that serves
650     the county where the dispatch center is located that provides for:
651          (a) functional consolidation of the dispatch center with the public safety answering
652     point; and
653          (b) a plan for the public safety answering point to provide 911 emergency service to the
654     geographic area served by the dispatch center.
655          (6) (a) No public entity may cause or allow a 911 or emergency call box
656     communication to be redirected to any network other than to the 911 emergency service
657     network.
658          (b) Each public entity shall comply with Subsection (6)(a) on or before July 1, 2019,
659     and thereafter.
660          [(6)] (7) A special service district that operates a public safety answering point or a
661     dispatch center:
662          (a) shall administer the public safety answering point or dispatch center in accordance
663     with Title 17D, Chapter 1, Special Service District Act; and
664          (b) may raise funds, borrow money, or incur indebtedness for the purpose of
665     maintaining the public safety answering point or the dispatch center in accordance with:
666          (i) Section 17D-1-105; and
667          (ii) Section 17D-1-103.
668          Section 17. Section 69-2-203 is amended to read:
669          69-2-203. Audit to assess emergency services -- County.
670          [Before January 1, 2018, each county in the state that is not served by a single,
671     consolidated public safety answering point shall conduct an audit to determine:]
672          [(1) how best to provide emergency services within the county; and]
673          [(2) whether the county could provide more cost efficient emergency service or
674     improve public safety by establishing a single public safety answering point for the county.]
675          (1) Before July 1, 2021, and before July 1 of every fourth year beginning in 2025, each
676     county that is not served by a single, physically consolidated public safety answering point
677     shall utilize a qualified third party to conduct an audit of each public safety answering point
678     within the county.
679          (2) (a) The audit described in Subsection (1) shall evaluate:
680          (i) how best to provide the emergency services within the county; and
681          (ii) whether the county could provide more cost efficient emergency service or improve
682     public safety by establishing a single public safety answering point for the county.
683          (b) The county may request and the Utah Communications Authority Board created in
684     Section 63H-7a-203 may grant reimbursement for the costs of each audit described in
685     Subsection (1), up to $60,000, distributed from the Unified Statewide 911 Emergency Services
686     Account described in Section 63H-7a-304.
687          (3) (a) Each public safety answering point shall participate and cooperate in the audit
688     described in Subsection (1).
689          (b) A public safety answering point that fails to participate and cooperate in the audit
690     as described in Subsection (1) is ineligible for funding or services provided by the Unified
691     Statewide 911 Emergency Services Account described in Section 63H-7a-304.
692          Section 18. Section 69-2-403 is amended to read:
693          69-2-403. Unified statewide 911 emergency service charge to fund Unified
694     Statewide 911 Emergency Service Account.
695          (1) As used in this section, "unified statewide 911 emergency service charge" means
696     the unified statewide 911 emergency service charge imposed under Subsection (2).
697          (2) (a) Subject to Subsection (6), there is imposed on each access line in the state a
698     unified statewide 911 emergency service charge of [9 cents per month.]:
699          (i) until June 30, 2019, 9 cents per month; and
700          (ii) beginning July 1, 2019, 25 cents per month.
701          (b) An access line is within the state for the purposes of Subsection (2)(a) if the
702     telecommunications services provided over the access line are located within the state:
703          (i) for the purposes of sales and use taxes under Title 59, Chapter 12, Sales and Use
704     Tax Act; and
705          (ii) as determined in accordance with Section 59-12-215.
706          (3) (a) The person that provides service to an access line shall bill and collect the
707     unified statewide 911 emergency service charge.
708          (b) A person that bills and collects the unified statewide 911 emergency service charge
709     shall pay the unified statewide 911 emergency service charge to the commission:
710          (i) monthly on or before the last day of the month immediately following the last day of
711     the previous month if:
712          (A) the person is required to file a sales and use tax return with the commission
713     monthly under Section 59-12-108; or
714          (B) the person is not required to file a sales and use tax return under Title 59, Chapter
715     12, Sales and Use Tax Act; or
716          (ii) quarterly on or before the last day of the month immediately following the last day
717     of the previous quarter if the person is required to file a sales and use tax return with the
718     commission quarterly under Section 59-12-107.
719          (c) If an access line user is not required to pay for the access line, the access line
720     provider shall collect the unified statewide 911 emergency service charge from the person that
721     is required to pay for the access line.
722          (d) The person that bills and collects the unified statewide 911 emergency service
723     charge:
724          (i) shall remit the unified statewide 911 emergency service charge along with a form
725     prescribed by the commission;
726          (ii) may bill the unified statewide 911 emergency service charge in combination with
727     the charges levied under Sections 69-2-402 and 69-2-404 as one line item charge for 911
728     emergency service; and
729          (iii) may retain an amount not to exceed 1.5% of the unified statewide 911 emergency
730     service charge collected under this section as reimbursement for the cost of billing, collecting,
731     and remitting the unified statewide 911 emergency service charge.
732          (4) The commission shall deposit any unified 911 emergency service charge remitted to
733     the commission into the Unified Statewide 911 Emergency Service Account created in Section
734     63H-7a-304.
735          (5) An access line provider that fails to comply with this section is subject to penalties
736     and interest as provided in Sections 59-1-401 and 59-1-402.
737          (6) The state may impose, bill, and collect an emergency services telecommunications
738     charge under this section on a mobile telecommunications service only to the extent permitted
739     by the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
740          (7) This section sunsets in accordance with Section 63I-1-269.
741          Section 19. Section 69-2-405 is amended to read:
742          69-2-405. Prepaid wireless 911 service charge to fund 911 emergency service.
743          (1) As used in this section:
744          (a) "Consumer" means a person who purchases prepaid wireless telecommunications
745     service in a transaction.
746          (b) "Prepaid wireless 911 service charge" means the charge that is required to be
747     collected by a seller from a consumer in the amount established under Subsection (2).
748          (c) (i) "Prepaid wireless telecommunications service" means a wireless
749     telecommunications service that:
750          (A) is paid for in advance;
751          (B) is sold in predetermined units of time or dollars that decline with use in a known
752     amount or provides unlimited use of the service for a fixed amount or time; and
753          (C) allows a caller to access 911 emergency service.
754          (ii) "Prepaid wireless telecommunications service" does not include a wireless
755     telecommunications service that is billed:
756          (A) to a customer on a recurring basis; and
757          (B) in a manner that includes the charges levied under Sections 69-2-402, 69-2-403,
758     and 69-2-404, for each radio communication access line assigned to the customer.
759          (d) "Seller" means a person that sells prepaid wireless telecommunications service to a
760     consumer.
761          (e) "Transaction" means each purchase of prepaid wireless telecommunications service
762     from a seller.
763          (f) "Wireless telecommunications service" means commercial mobile radio service as
764     defined by 47 C.F.R. Sec. 20.3, as amended.
765          (2) There is imposed a prepaid wireless 911 service charge of:
766          (a) before January 1, 2018, 2.45% of the sales price per transaction; [and]
767          (b) on [and after] January 1, 2018, and until June 30, 2019, 3.30% of the sales price per
768     transaction[.]; and
769          (c) beginning July 1, 2019, 3.7% of the sales price per transaction.
770          (3) (a) The prepaid wireless 911 service charge shall be collected by the seller from the
771     consumer for each transaction occurring in this state.
772          (b) (i) Except as provided in Subsections (3)(b)(ii) and (iii), if a user of a service
773     subject to a charge described in Subsection (2) is not the consumer, the seller shall collect the
774     charge from the consumer for the service.
775          (ii) The charge described in Subsection (2) is not imposed on a seller or a consumer of
776     federal wireless lifeline service if the consumer does not pay the seller for the service.
777          (iii) A consumer of federal wireless lifeline service shall pay, and the seller of the
778     service shall collect and remit, the charge described in Subsection (2) when the consumer
779     purchases from the seller optional services in addition to the federally funded lifeline benefit.
780          (4) The prepaid wireless 911 service charge shall be separately stated on an invoice,
781     receipt, or similar document that is provided by the seller to the consumer.
782          (5) For purposes of Subsection (3), the location of a transaction is determined in
783     accordance with Sections 59-12-211 through 59-12-215.
784          (6) When prepaid wireless telecommunications service is sold with one or more other
785     products or services for a single non-itemized price, then the percentage specified in [Section]
786     Subsection (2) shall apply to the entire non-itemized price.
787          (7) A seller may retain 3% of prepaid wireless 911 service charges that are collected by
788     the seller from consumers as reimbursement for the cost of billing, collecting, and remitting the
789     charge.
790          (8) A person that collects a prepaid wireless 911 service charge, except as retained
791     under Subsection (7), shall remit the prepaid wireless 911 service charge to the commission at
792     the same time that the seller remits to the commission money collected by the person under
793     Title 59, Chapter 12, Sales and Use Tax Act.
794          (9) The commission shall distribute:
795          [(a) on and after July 1, 2017, and before January 1, 2018:]
796          [(i) 72.4% of the prepaid wireless 911 service charge revenue to a public safety
797     answering point in accordance with Section 69-2-302;]
798          [(ii) 9.2% of the prepaid wireless 911 service charge revenue to the Unified Statewide
799     911 Emergency Service Account created in Section 63H-7a-304; and]
800          [(iii) 18.4% of the revenue to the Utah Statewide Radio System Restricted Account;
801     and]
802          [(b) on and after January 1, 2018:]
803          (a) for revenues collected under this section for a filing period ending on or before June
804     30, 2019:
805          (i) 53.8% of the prepaid wireless 911 service charge revenue to a public safety
806     answering point in accordance with Section 69-2-302;
807          (ii) 6.8% of the prepaid wireless 911 service charge revenue to the Unified Statewide
808     911 Emergency Service Account created in Section 63H-7a-304; and
809          (iii) 39.4% of the prepaid wireless 911 service charge revenue to the Utah Statewide
810     Radio System Restricted Account[.] created in Section 63H-7a-403; and
811          (b) for revenues collected under this section for a filing period beginning July 1, 2019:
812          (i) 47.97% of the prepaid wireless 911 service charge revenue to a public safety
813     answering point in accordance with Section 69-2-302;
814          (ii) 16.89% of the prepaid wireless 911 service charge revenue to the Unified Statewide
815     911 Emergency Service Account created in Section 63H-7a-304; and
816          (iii) 35.14% of the prepaid wireless 911 service charge revenue to the Utah Statewide
817     Radio System Restricted Account created in Section 63H-7a-403.
818          Section 20. Effective date.
819          This bill takes effect on July 1, 2019.