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

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