This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 20, 2020 at 12:26 PM by lpoole.
Senator Wayne A. Harper proposes the following substitute bill:


1     
911 COMMUNICATIONS AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Stephen G. Handy

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to emergency communications systems.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the powers of the Utah Communications Authority;
13          ▸     modifies provisions relating to the Utah Communications Authority sales, leases, or
14     trades of public safety communications network capacity;
15          ▸     requires the PSAP advisory committee to recommend, the Utah Communications
16     Authority Board to adopt, and public safety answering points to adopt a statewide
17     CAD-to-CAD call handling and 911 call transfer protocol;
18          ▸     modifies provisions relating to the Utah Communications Authority's strategic plan;
19          ▸     requires the Utah Communications Authority to report to legislative committees on
20     the authority's plan for and progress in implementing audit recommendations;
21          ▸     modifies provisions relating to Utah Communications Authority divisions and
22     advisory committees;
23          ▸     provides for distributions from the Unified Statewide 911 Emergency Service
24     Account to PSAPs who meet certain criteria;
25          ▸     eliminates language relating to required meetings involving the authority's executive
26     director, the Radio Network Division, and stakeholders, and relating to a required
27     comprehensive plan;
28          ▸     modifies the Utah Communications Authority's authority to charge fees;
29          ▸     requires the Department of Public Safety to enter into an agreement with a single
30     public safety answering point serving within a county;
31          ▸     modifies provisions relating to a required audit for certain counties;
32          ▸     requires public safety answering points to comply with specified 911 call transfer
33     rates; and
34          ▸     makes technical changes.
35     Money Appropriated in this Bill:
36          None
37     Other Special Clauses:
38          None
39     Utah Code Sections Affected:
40     AMENDS:
41          63H-7a-103, as last amended by Laws of Utah 2019, Chapter 509
42          63H-7a-202, as last amended by Laws of Utah 2019, Chapter 509
43          63H-7a-204, as last amended by Laws of Utah 2019, Chapter 509
44          63H-7a-206, as last amended by Laws of Utah 2019, Chapter 509
45          63H-7a-207, as repealed and reenacted by Laws of Utah 2019, Chapter 509
46          63H-7a-208, as repealed and reenacted by Laws of Utah 2019, Chapter 509
47          63H-7a-302, as last amended by Laws of Utah 2017, Chapter 430
48          63H-7a-303, as last amended by Laws of Utah 2019, Chapter 509
49          63H-7a-304, as last amended by Laws of Utah 2019, Chapter 509
50          63H-7a-404, as last amended by Laws of Utah 2017, Chapter 430
51          63H-7a-502, as last amended by Laws of Utah 2017, Chapter 430
52          63I-2-263, as last amended by Laws of Utah 2019, Chapters 182, 240, 246, 325, 370,
53     and 483
54          69-2-201, as last amended by Laws of Utah 2019, Chapter 509
55          69-2-202, as enacted by Laws of Utah 2017, Chapter 430
56          69-2-203, as last amended by Laws of Utah 2019, Chapter 509
57     ENACTS:
58          63H-7a-206.5, Utah Code Annotated 1953
59          63H-7a-304.5, Utah Code Annotated 1953
60          69-2-204, Utah Code Annotated 1953
61     

62     Be it enacted by the Legislature of the state of Utah:
63          Section 1. Section 63H-7a-103 is amended to read:
64          63H-7a-103. Definitions.
65          As used in this chapter:
66          (1) "911 account" means the Unified Statewide 911 Emergency Service Account,
67     created in Subsection 63H-7a-304(1).
68          (2) "911 call transfer" means the redirection of a 911 call from the person who initially
69     receives the call to another person within the state.
70          [(1)] (3) "Association of governments" means an association of political subdivisions
71     of the state, established pursuant to an interlocal agreement under Title 11, Chapter 13,
72     Interlocal Cooperation Act.
73          [(2)] (4) "Authority" means the Utah Communications Authority created in Section
74     63H-7a-201.
75          (5) "Backhaul network" means the portion of a public safety communications network
76     that consists primarily of microwave paths, fiber lines, or ethernet circuits.
77          [(3)] (6) "Board" means the Utah Communications Authority Board created in Section
78     63H-7a-203.
79          (7) "CAD" means a computer-based system that aids PSAP dispatchers by automating
80     selected dispatching and record-keeping activities.
81          (8) "CAD-to-CAD" means standardized connectivity between PSAPs or between a
82     PSAP and a dispatch center for the transmission of data between CADs.
83          [(4)] (9) "Dispatch center" means an entity that receives and responds to an emergency
84     or nonemergency communication transferred to the entity from a public safety answering point.
85          [(5)] (10) "FirstNet" means the federal First Responder Network Authority established
86     in 47 U.S.C. Sec. 1424.
87          [(6)] (11) "Lease" means any lease, lease purchase, sublease, operating, management,
88     or similar agreement.
89          [(7)] (12) "Public agency" means any political subdivision of the state dispatched by a
90     public safety answering point.
91          [(8)] (13) "Public safety agency" means the same as that term defined in Section
92     69-2-102.
93          [(9)] (14) "Public safety answering point" or "PSAP" means an entity in this state that:
94          (a) receives, as a first point of contact, direct 911 emergency communications from the
95     911 emergency service network requesting a public safety service;
96          (b) has a facility with the equipment and staff necessary to receive the communication;
97          (c) assesses, classifies, and prioritizes the communication; and
98          (d) dispatches the communication to the proper responding agency.
99          [(10)] (15) "Public safety communications network" means:
100          (a) a regional or statewide public safety governmental communications network and
101     related facilities, including real property, improvements, and equipment necessary for the
102     acquisition, construction, and operation of the services and facilities; and
103          (b) 911 emergency services, including radio communications, connectivity, and 911
104     call processing equipment.
105          Section 2. Section 63H-7a-202 is amended to read:
106          63H-7a-202. Powers and duties of the authority.
107          (1) The authority has the power to:
108          (a) sue and be sued in the authority's own name;
109          (b) have an official seal and power to alter that seal at will;
110          (c) make and execute contracts and all other instruments necessary or convenient for
111     the performance of the authority's duties and the exercise of the authority's powers and
112     functions under this chapter, including contracts with public and private providers;
113          (d) own, acquire, design, construct, operate, maintain, repair, and dispose of any
114     portion of a public safety communications network utilizing technology that is fiscally prudent,
115     upgradable, technologically advanced, redundant, and secure;
116          (e) borrow money and incur indebtedness;
117          (f) enter into agreements with public agencies, private [entities] persons, the state, and
118     federal government to provide public safety communications network services on terms and
119     conditions the authority considers to be in the best interest of the authority;
120          (g) acquire, by gift, grant, purchase, or by exercise of eminent domain, any real
121     property or personal property in connection with the acquisition and construction of a public
122     safety communications network and all related facilities and rights-of-way that the authority
123     owns, operates, and maintains;
124          [(h) except as provided in Subsection (3), sell public safety communications network
125     capacity to a state agency, a political subdivision of the state, an agency of the federal
126     government, or a private entity engaged in a public safety purpose, if the sale is:]
127          [(i) for a public safety purpose;]
128          [(ii) consistent with the authority's duties under this chapter; or]
129          [(iii) pursuant to:]
130          [(A) an agreement entered into by the authority before January 1, 2017; or]
131          [(B) a renewal of an agreement described in Subsection (1)(h)(iii)(A);]
132          (h) sell, lease, or trade public safety communications network capacity, except
133     backhaul network capacity, to a state agency, a political subdivision of the state, or an agency
134     of the federal government;
135          (i) sell, lease, or trade backhaul network capacity to a state agency, a political
136     subdivision of the state, or an agency of the federal government for a public safety purpose;
137          (j) sell, lease, or trade backhaul network capacity to a state agency, a political
138     subdivision of the state, or an agency of the federal government for a purpose other than a
139     public safety purpose, subject to a maximum of 50 megabytes per second in the aggregate at
140     any one location;
141          (k) subject to Subsection (2):
142          (A) sell, lease, or trade backhaul network capacity to a private person for a public
143     safety purpose, subject to a maximum of 50 megabytes per second in the aggregate at any one
144     location; or
145          (B) sell, lease, or trade public safety communications network capacity, except
146     backhaul network capacity, to a private person for any purpose;
147          (l) sell, lease, or trade public safety communications network capacity, if the sale,
148     lease, or trade is under an agreement the authority entered into before June 30, 2020 Ŝ→ , or under
148a     an extension of an agreement that the authority entered into before June 30, 2020 ←Ŝ ;
149          [(i)] (m) review, approve, disapprove, or revise recommendations regarding the
150     expenditure of funds disbursed by the authority under this chapter; and
151          [(j)] (n) perform all other duties authorized by this chapter.
152          [(2) The authority may not intentionally overbuild the public safety communications
153     network for the purpose of competing with a public or private provider of a
154     telecommunications service.]
155          [(3) Notwithstanding Subsection (1)(h), the authority may not sell public safety
156     communications network capacity to any telecommunication carrier.]
157          (2) (a) For a sale, lease, or trade to a private person under Subsection (1)(k), the
158     authority shall require compensation from the private person that is:
159          (i) fair and reasonable;
160          (ii) competitively neutral;
161          (iii) nondiscriminatory;
162          (iv) open to public inspection;
163          (v) established to promote access by multiple telecommunication facility providers;
164     and
165          (vi) set after the authority conducts a market analysis to determine the fair and
166     reasonable value of public safety communications network capacity.
167          (b) The authority shall conduct the market analysis required under Subsection
168     (2)(a)(vi):
169          (i) before a sale, lease, or trade to a private person under Subsection (1)(k); and
170          (ii) thereafter no less frequently than every five years.
171          (c) (i) Compensation charged under Subsection (2)(a) may be cash, in-kind, or a
172     combination of cash and in-kind.
173          (ii) In-kind compensation may not be charged without the agreement of the authority
174     and the private person who will pay the in-kind compensation.
175          (iii) The authority shall determine the present value of any in-kind compensation based
176     on the incremental cost to the private person.
177          (iv) The authority shall require the value of any in-kind compensation or combination
178     of cash and in-kind compensation to be at least the amount of cash that would be paid if
179     compensation were cash only.
180          (3) The authority shall work with PSAPs to identify and address deficiencies relating to
181     PSAP staffing and training.
182          Section 3. Section 63H-7a-204 is amended to read:
183          63H-7a-204. Board -- Powers and duties.
184          The board shall:
185          (1) manage the affairs and business of the authority consistent with this chapter;
186          (2) adopt bylaws;
187          (3) appoint an executive director to administer the authority;
188          (4) receive and act upon reports covering the operations of the public safety
189     communications network and funds administered by the authority;
190          (5) receive and act upon reports from the Radio Network Division prepared pursuant to
191     Subsection 63H-7a-402(1)(b) that identify the benefits, costs, and economic feasibility of using
192     existing public or private facilities, equipment, or services consistent with Subsections
193     63H-7a-402(1)(a)[,] and 63H-7a-404(2)(c), [and 63H-7a-404(3)] prior to issuing or approving
194     a request for proposal;
195          (6) ensure that the public safety communications network and funds are administered
196     according to law;
197          (7) examine and approve an annual operating budget for the authority;
198          (8) receive and act upon recommendations of the director;
199          (9) recommend to the governor and Legislature legislation involving the public safety
200     communications network;
201          (10) develop policies for the long-term operation of the authority and the performance
202     of the authority's functions;
203          (11) authorize the executive director to enter into agreements on behalf of the
204     authority;
205          (12) provide for the management and administration of the public safety
206     communications network by rule made in accordance with Title 63G, Chapter 3, Utah
207     Administrative Rulemaking Act;
208          (13) exercise the powers and perform the duties conferred on the board by this chapter;
209          (14) consider issues and information received from the public safety advisory
210     committee and the PSAP advisory committee;
211          (15) provide for audits of the authority; [and]
212          (16) establish the following divisions within the authority:
213          (a) 911 Division;
214          (b) Radio Network Division;
215          (c) Interoperability Division; and
216          (d) Administrative Services Division[.]; and
217          (17) on or before November 30, 2020, adopt a statewide CAD-to-CAD call handling
218     and 911 call transfer protocol, after receiving the PSAP advisory committee's proposal under
219     Subsection 63H-7a-208(9).
220          Section 4. Section 63H-7a-206 is amended to read:
221          63H-7a-206. Strategic plan -- Report.
222          (1) The authority shall create, maintain, and review annually a statewide,
223     comprehensive multiyear strategic plan, in consultation with state and local stakeholders [and],
224     the PSAP advisory committee [created in Section 63H-7a-208], and the public safety advisory
225     committee, that:
226          (a) coordinates the authority's activities and duties in the:
227          (i) 911 Division;
228          (ii) Radio Network Division;
229          (iii) Interoperability Division; and
230          (iv) Administrative Services Division; and
231          (b) includes [a plan for]:
232          (i) a plan for maintaining, upgrading, and expanding the public safety communications
233     network[; (ii) developing new systems; (iii) expanding existing systems], including
234     microwave and fiber optics based systems;
235          [(iv)] (ii) a plan for statewide interoperability;
236          [(v)] (iii) a plan for statewide coordination; [and]
237          (iv) radio network coverage maps; and
238          [(vi)] (v) FirstNet standards.
239          (2) The executive director shall update the strategic plan described in Subsection (1)
240     before July 1 of each year.
241          (3) The executive director shall, before December 1 of each year, report on the strategic
242     plan described in Subsection (1) to:
243          (a) the board;
244          (b) the Executive Offices and Criminal Justice Appropriations Subcommittee; and
245          (c) the Legislative Management Committee.
246          (4) The authority shall consider the strategic plan described in Subsection (1) before
247     spending funds in the restricted accounts created by this chapter.
248          Section 5. Section 63H-7a-206.5 is enacted to read:
249          63H-7a-206.5. Report on implementing audit recommendations.
250          By October 1, 2020, and again the following year by October 1, 2021, the authority
251     shall report to the Public Utilities, Energy, and Technology Interim Committee and Retirement
252     and Independent Entities Interim Committee of the Legislature on the authority's plan for and
253     progress in implementing the recommendations of the December 2019 performance audit by
254     the Office of the Legislative Auditor General, audit number 2019-15.
255          Section 6. Section 63H-7a-207 is amended to read:
256          63H-7a-207. Public safety advisory committee.
257          (1) There is established the public safety advisory committee composed of 15 members
258     as described in Subsections (2) and (3).
259          (2) The board shall appoint members to the public safety advisory committee as
260     follows:
261          (a) one representative from an association that represents fire chiefs in the state;
262          (b) one representative from an association that represents police chiefs in the state;
263          (c) one representative from an association that represents sheriffs in the state;
264          (d) one representative from an association that represents emergency medical service
265     personnel in the state;
266          (e) one member of law enforcement from a county of the first or second class;
267          (f) one member of law enforcement from a county of the third or fourth class;
268          (g) one member of law enforcement from a county of the fifth or sixth class;
269          (h) one individual from a fire department within a county of the first or second class;
270          (i) one individual from a fire department within a county of the third or fourth class;
271          (j) one individual from a fire department within a county of the fifth or sixth class; and
272          (k) one individual from the public safety communications industry.
273          (3) The following shall serve on the public safety advisory committee:
274          (a) the commissioner of public safety or the commissioner's designee;
275          (b) the executive director of the Department of Transportation or the executive
276     director's designee;
277          (c) the chair of the public safety answering point advisory committee created in Section
278     63H-7a-208; and
279          (d) an individual nominated by the representatives of tribal governments elected under
280     Section 9-9-104.5.
281          (4) (a) Subject to Subsection (4)(b), each member appointed pursuant to Subsection (2)
282     shall be appointed to a four-year term beginning July 1, 2019.
283          (b) Notwithstanding Subsection (2)(a), the board shall:
284          (i) at the time of appointment or reappointment of individuals described in Subsection
285     (2), adjust the length of terms to ensure that the terms of committee members are staggered so
286     that approximately half of the those appointed pursuant to Subsection (2) are appointed every
287     two years; and
288          (ii) not reappoint a member for more than two consecutive terms.
289          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
290     appointed as described in Subsection (2) or (3), as applicable, for the unexpired term.
291          (6) (a) Each January, the committee shall organize and select one of the committee's
292     members as chair and one member as vice chair.
293          (b) The committee may organize standing or ad hoc subcommittees, which shall
294     operate in accordance with guidelines established by the committee.
295          (7) (a) The chair shall convene a minimum of four meetings per year.
296          (b) The chair may call special meetings.
297          (c) The chair shall call a meeting upon request of eight or more members of the
298     committee.
299          (8) Eight members of the committee constitute a quorum for the transaction of
300     business, and the action of a majority of the members present is the action of the committee.
301          (9) A member may not receive compensation or benefits for the member's service.
302          (10) The public safety advisory committee shall, on behalf of stakeholders, make
303     recommendations to the director and the board regarding:
304          (a) the authority operations and policies;
305          (b) the radio network division and interoperability division strategic plans;
306          (c) the operation, maintenance, and capital development of and access to the public
307     safety communications network; [and]
308          (d) the authority's administrative rules relative to the radio network division and
309     interoperability division[.]; and
310          (e) how to solve stakeholder interoperability problems.
311          (11) The chair of the public safety advisory committee is a nonvoting member of the
312     board.
313          (12) (a) The committee is not subject to Title 52, Chapter 4, Open and Public Meetings
314     Act.
315          (b) The committee shall:
316          (i) at least 24 hours before a committee meeting, post a notice of the meeting, with a
317     meeting agenda, on the authority's website;
318          (ii) within 10 days after a committee meeting, post to the authority's website the audio
319     and draft minutes of the meeting; and
320          (iii) within three days after the committee approves minutes of a committee meeting,
321     post the approved minutes to the authority's website.
322          (c) The committee's vice chair is responsible for preparing minutes of committee
323     meetings.
324          Section 7. Section 63H-7a-208 is amended to read:
325          63H-7a-208. PSAP advisory committee.
326          (1) There is established a PSAP advisory committee composed of nine members
327     appointed by the board as follows:
328          (a) one representative from a PSAP managed by a city;
329          (b) one representative from a PSAP managed by a county;
330          (c) one representative from a PSAP managed by a special service district;
331          (d) one representative from a PSAP managed by the Department of Public Safety;
332          (e) one representative from a PSAP from a county of the first class;
333          (f) one representative from a PSAP from a county of the second class;
334          (g) one representative from a PSAP from a county of the third or fourth class;
335          (h) one representative from a PSAP from a county of the fifth or sixth class; and
336          (i) one member from the telecommunications industry.
337          (2) (a) Except as provided in Subsection (2)(b), each member shall be appointed to a
338     four-year term beginning July 1, 2019.
339          (b) Notwithstanding Subsection (2)(a), the board shall:
340          (i) at the time of appointment or reappointment, adjust the length of terms to ensure
341     that the terms of committee members are staggered so that the terms of approximately half of
342     the committee end every two years; and
343          (ii) not reappoint a member for more than two consecutive terms.
344          (3) If a vacancy occurs in the membership for any reason, the replacement shall be
345     appointed by the board for the unexpired term.
346          (4) (a) Each January, the committee shall organize and select one of its members as
347     chair and one member as vice chair.
348          (b) The committee may organize standing or ad hoc subcommittees, which shall
349     operate in accordance with guidelines established by the committee.
350          (5) (a) The chair shall convene a minimum of four meetings per year.
351          (b) The chair may call special meetings.
352          (c) The chair shall call a meeting upon request of five or more members of the
353     committee.
354          (6) Five members of the committee constitute a quorum for the transaction of business,
355     and the action of a majority of the members present is the action of the committee.
356          (7) A member may not receive compensation or benefits for the member's service.
357          (8) The PSAP advisory committee shall, on behalf of stakeholders, make
358     recommendations to the director and the board regarding:
359          (a) the authority operations and policies;
360          (b) the 911 division and interoperability division strategic plans;
361          (c) the operation, maintenance, and capital development of the public safety
362     communications network;
363          (d) the authority's administrative rules relative to the 911 division and the
364     interoperability division; and
365          (e) the development of minimum standards and best practices as described in
366     Subsection 63H-7a-302(1)(a).
367          (9) No later than September 30, 2020, the PSAP advisory committee shall propose to
368     the board a statewide CAD-to-CAD call handling and 911 call transfer protocol.
369          [(9)] (10) The chair of the PSAP advisory committee is a nonvoting member of the
370     board.
371          [(10)] (11) (a) The committee is not subject to Title 52, Chapter 4, Open and Public
372     Meetings Act.
373          (b) The committee shall:
374          (i) at least 24 hours before a committee meeting, post a notice of the meeting, with a
375     meeting agenda, on the authority's website;
376          (ii) within 10 days after a committee meeting, post to the authority's website the audio
377     and draft minutes of the meeting; and
378          (iii) within three days after the committee approves minutes of a committee meeting,
379     post the approved minutes to the authority's website.
380          (c) The committee's vice chair is responsible for preparing minutes of committee
381     meetings.
382          Section 8. Section 63H-7a-302 is amended to read:
383          63H-7a-302. 911 Division duties and powers.
384          (1) The 911 Division shall:
385          (a) in conjunction with the PSAP advisory committee:
386          (i) develop and report to the director minimum standards and best practices:
387          (A) for public safety answering points in the state, including minimum technical,
388     administrative, fiscal, network, and operational standards for public safety answering points
389     and dispatch centers [in the state]; and
390          (B) that will result in rapid, efficient, and interoperable 911 services throughout the
391     state;
392          (b) annually prepare and publish a report of how well PSAPs statewide are complying
393     with the standards and best practices developed under Subsection (1)(a);
394          [(b)] (c) investigate and report to the director on emerging technology;
395          [(c)] (d) monitor and coordinate the implementation of the unified statewide 911
396     emergency services network;
397          [(d)] (e) investigate and recommend to the director mapping systems and technology
398     necessary to implement the unified statewide 911 emergency services network;
399          [(e)] (f) prepare and submit to the executive director for approval by the board:
400          (i) an annual budget for the 911 Division;
401          (ii) an annual plan for the projects funded by the Computer Aided Dispatch Restricted
402     Account created in Section 63H-7a-303 and the [Unified Statewide 911 Emergency Service
403     Account created in Section 63H-7a-304] 911 account; and
404          (iii) information required by the director to contribute to the strategic plan described in
405     Section 63H-7a-206;
406          [(f)] (g) assist public safety answering points implementing and coordinating the
407     unified statewide 911 emergency services network; and
408          [(g)] (h) coordinate the development of an interoperable computer aided dispatch
409     platform:
410          (i) for public safety answering points; and
411          (ii) where needed, to assist public safety answering points with the creation or
412     integration of the interoperable computer aided dispatch system.
413          (2) The 911 Division may recommend to the executive director to sell, lease, or
414     otherwise dispose of equipment or personal property purchased, leased, or belonging to the
415     authority that is related to funds expended from the Computer Aided Dispatch Restricted
416     Account created in Section 63H-7a-303 or the [Unified Statewide 911 Emergency Service
417     Account created in Section 63H-7a-304] 911 account, the proceeds from which shall return to
418     the respective restricted accounts.
419          (3) The 911 Division may make recommendations to the executive director for the use
420     of the funds expended from the Computer Aided Dispatch Restricted Account created in
421     Section 63H-7a-303.
422          (4) (a) The 911 Division shall review information regarding:
423          (i) in aggregate, the number of service subscribers by service type in a political
424     subdivision;
425          (ii) network costs;
426          (iii) public safety answering point costs;
427          (iv) system engineering information; and
428          (v) connectivity between public safety answering point computer aided dispatch
429     systems.
430          (b) In accordance with Subsection (4)(a) the 911 Division may request:
431          (i) information as described in Subsection (4)(a)(i) from the State Tax Commission;
432     and
433          (ii) information from public safety answering points related to the computer aided
434     dispatch system.
435          (c) The information requested by and provided to the 911 Division under Subsection
436     (4) is a protected record in accordance with Section 63G-2-305.
437          (5) The 911 Division shall recommend to the executive director, for approval by the
438     board, rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
439     to[: (a) administer the program funded by the Unified Statewide 911 Emergency Service
440     restricted account created in Section 63H-7a-304, including rules that establish the criteria,
441     standards, technology, and equipment that a public safety answering point is required to adopt
442     in order to qualify for goods or services that are funded from the restricted account; and (b)]
443     administer the Computer Aided Dispatch Restricted Account created in Section 63H-7a-303,
444     including rules that establish the criteria, standards, technology, and equipment that a public
445     safety answering point is required to adopt in order to qualify as a recipient of goods or services
446     that are funded from the restricted account.
447          (6) The board may authorize the 911 Division to employ an outside consultant to study
448     and advise the division on matters related to the 911 Division duties regarding the public safety
449     communications network.
450          (7) The 911 Division shall administer the program funded by the 911 account in
451     accordance with Sections 63H-7a-304 and 63H-7a-304.5.
452          [(7)] (8) This section does not expand the authority of the State Tax Commission to
453     request additional information from a telecommunication service provider.
454          Section 9. Section 63H-7a-303 is amended to read:
455          63H-7a-303. Computer Aided Dispatch Restricted Account -- Creation --
456     Administration -- Permitted uses.
457          (1) There is created a restricted account within the General Fund known as the
458     "Computer Aided Dispatch Restricted Account," consisting of money appropriated or
459     otherwise made available by the Legislature.
460          (2) Subject to this Subsection (2) and appropriations by the Legislature, the authority
461     may expend funds in the Computer Aided Dispatch Restricted Account for the following
462     purposes:
463          (a) enhancing public safety as provided in this chapter; and
464          (b) creating a shared computer aided dispatch system including:
465          (i) an interoperable computer aided dispatch platform that will be selected, shared, or
466     hosted on a statewide or regional basis;
467          (ii) an interoperable computer aided dispatch platform selected by a county of the first
468     class, when:
469          (A) authorized through an interlocal agreement between the county's two primary
470     public safety answering points; and
471          (B) the county's computer aided dispatch platform is capable of interfacing with the
472     platform described in Subsection (2)(b)(i); and
473          (iii) a statewide computer aided dispatch system data sharing platform to provide
474     interoperability of systems.
475          (3) Subject to an appropriation by the Legislature and approval by the board, the
476     Administrative Services Division may expend funds from the Computer Aided Dispatch
477     Restricted Account to cover the Administrative Services Division's administrative costs related
478     to the Computer Aided Dispatch Restricted Account.
479          (4) On July 1, [2022] 2024, all funds in the Computer Aided Dispatch Restricted
480     Account shall automatically transfer to the [Unified Statewide 911 Emergency Service Account
481     created in Section 63H-7a-304] 911 account.
482          Section 10. Section 63H-7a-304 is amended to read:
483          63H-7a-304. Unified Statewide 911 Emergency Service Account -- Creation --
484     Administration -- Permitted uses.
485          (1) There is created a restricted account within the General Fund known as the "Unified
486     Statewide 911 Emergency Service Account," consisting of:
487          (a) proceeds from the fee imposed in Section 69-2-403;
488          (b) money appropriated or otherwise made available by the Legislature; and
489          (c) contributions of money, property, or equipment from federal agencies, political
490     subdivisions of the state, persons, or corporations.
491          (2) (a) Except as provided in Subsection (4) and subject to Subsection (3) and
492     appropriations by the Legislature, the authority shall disburse funds in the [Unified Statewide
493     911 Emergency Service Account] 911 account for the purpose of enhancing and maintaining
494     the statewide public safety communications network and 911 call processing equipment in
495     order to rapidly [and], efficiently, effectively, and with greater interoperability deliver 911
496     services in the state.
497          (b) In expending funds in the [Unified Statewide 911 Emergency Service Account] 911
498     account, the authority shall give a higher priority to an expenditure that:
499          (i) best promotes statewide public safety;
500          (ii) best promotes interoperability;
501          (iii) impacts the largest service territory;
502          (iv) impacts a densely populated area; or
503          (v) impacts an underserved area.
504          (c) The authority shall expend funds in the [Unified Statewide 911 Emergency Service
505     Account] 911 account in accordance with the authority strategic plan described in Section
506     63H-7a-206.
507          (d) The authority may not expend funds from the [Unified Statewide 911 Emergency
508     Service Account] 911 account collected through the 911 emergency service charge imposed in
509     Section 69-2-403 on behalf of a PSAP that chooses not to participate in the:
510          (i) public safety communications network; and
511          (ii) the 911 emergency service defined in Section 69-2-102.
512          (e) The authority may not expend funds from the [Unified Statewide 911 Emergency
513     Service Account] 911 account collected through the prepaid wireless 911 service charge
514     revenue distributed in Subsection 69-2-405(9)(b)(ii) on behalf of a PSAP that chooses not to
515     participate in the:
516          (i) public safety communications network; and
517          (ii) 911 emergency service defined in Section 69-2-102.
518          (f) The executive director shall recommend to the board expenditures for the authority
519     to make from the [Unified Statewide 911 Emergency Service Account] 911 account in
520     accordance with this Subsection (2).
521          (3) Subject to an appropriation by the Legislature and approval by the board , the
522     Administrative Services Division may use funds in the [ Unified Statewide 911 Emergency
523     Service Account] 911 account to cover the Administrative Services Division's administrative
524     costs related to the [Unified Statewide 911 Emergency Service Account] 911 account.
525          (4) (a) The authority shall reimburse from the [Unified Statewide 911 Emergency
526     Service Account] 911 account to the Automated Geographic Reference Center created in
527     Section 63F-1-506 an amount equal to up to 1 cent of each unified statewide 911 emergency
528     service charge deposited into the [Unified Statewide 911 Emergency Service Account] 911
529     account under Section 69-2-403.
530          (b) The Automated Geographic Reference Center shall use the funds reimbursed to the
531     Automated Geographic Reference Center under Subsection (4)(a) to:
532          (i) enhance and upgrade digital mapping standards; and
533          (ii) maintain a statewide geospatial database for unified statewide 911 emergency
534     service.
535          [(c) Subject to an appropriation by the Legislature, the authority may expend funds
536     from the United Statewide 911 Emergency Service Account to reimburse a county for the costs,
537     up to $60,000, of each audit described in Section 69-2-203.]
538          Section 11. Section 63H-7a-304.5 is enacted to read:
539          63H-7a-304.5. Distributions from 911 account to qualifying PSAPs.
540          (1) As used in this section:
541          (a) "Certified statement" means a statement signed by a PSAP's director or other
542     authorized administrator certifying the PSAP's compliance with the requirements of Subsection
543     (2)(a).
544          (b) "Fiscal year" means the period from July 1 of one year to June 30 of the following
545     year.
546          (c) "Proportionate share" means a percentage derived by dividing a PSAP's average
547     911 call volume, as reported to the State Tax Commission under Section 69-2-302, for the
548     preceding three years by the total of the average 911 call volume for the same three-year period
549     for all PSAPs that have submitted a certified statement seeking a distribution of the applicable
550     remaining funds.
551          (d) "Qualifying PSAP" means a PSAP that:
552          (i) meets the requirements of Subsection (2)(a) for the period for which remaining
553     funds are sought; and
554          (ii) submits a timely certified statement to the authority.
555          (e) "Remaining funds" means the money remaining in the 911 account after deducting:
556          (i) disbursements under Subsections 63H-7a-304(2)(a), (3), and (4);
557          (ii) authority expenditures or disbursements in accordance with the authority's strategic
558     plan, including expenditures or disbursements to pay for:
559          (A) implementing, maintaining, or upgrading the public safety communications
560     network or statewide 911 phone system; and
561          (B) authority overhead for managing the 911 portion of the public safety
562     communications network; and
563          (iii) money that the board determines should remain in the 911 account for future use.
564          (f) "Required transfer rate" means:
565          (i) a transfer rate of no more than 2%; or
566          (ii) for a PSAP with a transfer rate for the fiscal year ending June 30, 2020 that is
567     greater than 2%, and until June 30, 2023, the transfer rate that meets the requirement for the
568     applicable period under Subsection 69-2-204(3)(a), (b), or (c).
569          (g) "Transfer rate" means the same as that term is defined in Section 69-2-204.
570          (2) (a) To qualify for a proportionate share of remaining funds, a PSAP shall, for the
571     period for which remaining funds are sought:
572          (i) have answered:
573          (A) 90% of all 911 calls arriving at the PSAP within 15 seconds; and
574          (B) 95% of all 911 calls arriving at the PSAP within 20 seconds;
575          (ii) have adopted and be using the statewide CAD-to-CAD call handling and 911 call
576     transfer protocol adopted by the board under Subsection 63H-7a-204(17);
577          (iii) have participated in the authority's annual interoperability exercise; and
578          (iv) have complied with the required transfer rate.
579          (b) A PSAP that seeks a proportionate share of remaining funds shall submit a certified
580     statement to the authority no later than July 31 following the end of the fiscal year for which
581     remaining funds are sought.
582          (c) Notwithstanding Subsection (2)(a):
583          (i) a qualifying PSAP in a county with multiple PSAPs does not qualify for a
584     proportionate share of remaining funds for a period beginning after June 30, 2023 unless every
585     PSAP in that county is a qualifying PSAP; and
586          (ii) a PSAP described in Subsection 69-2-203(5) does not qualify for remaining funds.
587          (3) (a) Subject to Subsection (3)(b) and beginning after July 2021 for PSAPs that have
588     become qualifying PSAPs for the previous fiscal year the authority shall distribute to each
589     qualifying PSAP that PSAP's proportionate share of the remaining funds.
590          (b) The authority may not distribute more than 15% of remaining funds to any single
591     PSAP.
592          (4) All money that a PSAP receives under this section is subject to Section 69-2-301.
593          Section 12. Section 63H-7a-404 is amended to read:
594          63H-7a-404. Public safety communications network -- Maintenance -- Upgrade --
595     Fees.
596          (1) The Radio Network Division shall administer the development, installation,
597     implementation, and maintenance of the public safety communications network for the
598     authority, for the benefit of state government entities and political subdivisions of the state that
599     use the public safety communications network.
600          (2) In developing and maintaining the public safety communications network as
601     described in Subsection (1), the Radio Network Division shall:
602          (a) maintain and upgrade existing VHF and 800 MHZ radio networks;
603          (b) coordinate with state government entities, political subdivisions of the state, and
604     public and private providers; and
605          (c) contract for facilities, equipment, and services for the public safety communications
606     network in a manner that:
607          (i) complies with Title 63G, Chapter 6a, Utah Procurement Code;
608          (ii) promotes high-quality, cost-effective services for public safety communications
609     network users;
610          (iii) evaluates the costs and benefits of using existing public or private facilities,
611     equipment, or services or developing or establishing new facilities, equipment, or services; and
612          (iv) where economically beneficial without compromising quality or reliability of
613     service, avoids duplicating existing private or public facilities, equipment, or services[; and].
614          [(v) considers the plan developed under Subsection (3).]
615          [(3) The Radio Network Division and the executive director shall, before January 15,
616     2018, meet with all public safety communications network stakeholders, including public and
617     private providers in the state, to:]
618          [(a) identify the locations and functional capabilities of existing public and private
619     communications facilities in the state; and]
620          [(b) develop a detailed, comprehensive plan for:]
621          [(i) repairing and maintaining the existing public safety communications network; and]
622          [(ii) upgrading the public safety communications network.]
623          [(4) The plan described in Subsection (3) shall include:]
624          [(a) a statewide system design;]
625          [(b) anticipated coverage maps;]
626          [(c) any public and private communications facilities that can be integrated with the
627     public safety communications network; and]
628          [(d) a detailed cost estimate for maintaining or upgrading the public safety
629     communications network.]
630          [(5) In addition to meeting with stakeholders under Subsection (3), the authority shall
631     issue a request for information for maintaining or upgrading the public safety communications
632     network such that the authority receives all request for information responses before January
633     15, 2018.]
634          [(6) Any radio user fee that the authority assessed on a user of the public safety
635     communications network before July 1, 2017, is repealed.]
636          (3) (a) The authority may not charge a state government entity or political subdivision
637     of the state a radio user fee.
638          (b) Subsection (3)(a) may not be construed to prevent the authority from charging a
639     state government entity or political subdivision of the state for other services associated with
640     the public safety communications network.
641          (c) The authority may charge a person other than a PSAP a fee for connecting a radio
642     console to the public safety communications network.
643          Section 13. Section 63H-7a-502 is amended to read:
644          63H-7a-502. Interoperability Division duties.
645          (1) The Interoperability Division shall:
646          (a) review and make recommendations to the executive director, for approval by the
647     board, regarding:
648          (i) statewide interoperability coordination and FirstNet standards;
649          (ii) technical, administrative, fiscal, technological, network, and operational issues for
650     the implementation of statewide interoperability, coordination, and FirstNet;
651          (iii) assisting public agencies with the implementation and coordination of the
652     Interoperability Division responsibilities; and
653          (iv) training for the public safety communications network and unified statewide 911
654     emergency services;
655          (b) review information and records regarding:
656          (i) aggregate information of the number of service subscribers by service type in a
657     political subdivision;
658          (ii) matters related to statewide interoperability coordination;
659          (iii) matters related to FirstNet including advising the governor regarding FirstNet; and
660          (iv) training needs;
661          (c) prepare and submit to the executive director for approval by the board:
662          (i) an annual plan for the Interoperability Division; and
663          (ii) information required by the director to contribute to the comprehensive strategic
664     plan described in Section 63H-7a-206; [and]
665          (d) prepare and conduct annual training exercises:
666          (i) for public safety agencies; and
667          (ii) designed to enhance interoperability and the effectiveness and efficiency of public
668     safety agencies; and
669          [(d)] (e) fulfill all other duties imposed on the Interoperability Division by this chapter.
670          (2) The Interoperability Division may:
671          (a) recommend to the executive director to own, operate, or enter into contracts related
672     to statewide interoperability, FirstNet, and training;
673          (b) request information needed under Subsection (1)(b)(i) from:
674          (i) the State Tax Commission; and
675          (ii) public safety agencies; and
676          (c) employ an outside consultant to study and advise the Interoperability Division on:
677          (i) issues of statewide interoperability;
678          (ii) FirstNet; and
679          (iii) training.
680          (3) The information requested by and provided to the Interoperability Division under
681     Subsection (1)(b)(i) is a protected record in accordance with Section 63G-2-305.
682          (4) This section does not expand the authority of the State Tax Commission to request
683     additional information from a telecommunication service provider.
684          Section 14. Section 63I-2-263 is amended to read:
685          63I-2-263. Repeal dates, Title 63A to Title 63N.
686          (1) On July 1, 2020:
687          (a) Subsection 63A-1-203(5)(a)(i) is repealed; and
688          (b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
689     May 8, 2018," is repealed.
690          (2) Sections 63C-4a-307 and 63C-4a-309 are repealed January 1, 2020.
691          (3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
692     repealed July 1, 2020.
693          (4) The following sections regarding the World War II Memorial Commission are
694     repealed on July 1, 2020:
695          (a) Section 63G-1-801;
696          (b) Section 63G-1-802;
697          (c) Section 63G-1-803; and
698          (d) Section 63G-1-804.
699          (5) In relation to the State Fair Park Committee, on January 1, 2021:
700          (a) Section 63H-6-104.5 is repealed; and
701          (b) Subsections 63H-6-104(8) and (9) are repealed.
702          (6) Section 63H-7a-303 is repealed on July 1, [2022] 2024.
703          (7) In relation to the Employability to Careers Program Board, on July 1, 2022:
704          (a) Subsection 63J-1-602.1(52) is repealed;
705          (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
706     and
707          (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
708          (8) Section 63J-4-708 is repealed January 1, 2023.
709          Section 15. Section 69-2-201 is amended to read:
710          69-2-201. Public safety answering point -- Establishment -- Administration --
711     Consolidation.
712          (1) (a) A public agency may:
713          (i) operate a public safety answering point to provide 911 emergency service to any
714     part of the geographic area within the public agency's jurisdiction;
715          (ii) subject to Subsection (1)(b), operate a public safety answering point with any other
716     contiguous public agency to provide 911 emergency service to any part of the geographic area
717     within the public agencies' jurisdictions; or
718          (iii) operate a public safety answering point under an agreement with another public
719     agency that existed before January 1, 2017, to provide 911 emergency service to any part of the
720     geographic area within the public agencies' jurisdictions.
721          (b) A public agency that operates a public safety answering point in connection with a
722     contiguous public agency shall:
723          (i) provide for the operation of the public safety answering point by interlocal
724     agreement between the public agencies; and
725          (ii) submit a copy of the interlocal agreement to the director of the Utah
726     Communications Authority.
727          (2) Except as provided in Subsection (3), a public agency may not establish a dispatch
728     center or a public safety answering point after January 1, 2017.
729          (3) (a) A public agency that operates a public safety answering point established before
730     January 1, 2017, may:
731          (i) continue to operate the public safety answering point; or
732          (ii) physically consolidate the public safety answering point with another public safety
733     answering point operated by another contiguous public agency.
734          (b) A county may establish a public safety answering point on or after January 1, 2017,
735     if no public safety answering point exists in the county.
736          (4) A public agency may, in order to provide funding for operating a public safety
737     answering point:
738          (a) seek funds from the federal or state government;
739          (b) seek funds appropriated by local governmental taxing authorities to fund a public
740     safety agency; or
741          (c) seek gifts, donations, or grants from a private [entity] person.
742          (5) Each dispatch center in the state shall enter into an interlocal agreement with the
743     governing authority of a public safety answering point that serves the county where the
744     dispatch center is located that provides for:
745          (a) functional consolidation of the dispatch center with the public safety answering
746     point; and
747          (b) a plan for the public safety answering point to provide 911 emergency service to the
748     geographic area served by the dispatch center.
749          (6) (a) No public entity may cause or allow a 911 or emergency call box
750     communication to be redirected to any network other than to the 911 emergency service
751     network.
752          (b) Each public entity shall comply with Subsection (6)(a) on or before July 1, 2019,
753     and thereafter.
754          (7) A special service district that operates a public safety answering point or a dispatch
755     center:
756          (a) shall administer the public safety answering point or dispatch center in accordance
757     with Title 17D, Chapter 1, Special Service District Act; and
758          (b) may raise funds, borrow money, or incur indebtedness for the purpose of
759     maintaining the public safety answering point or the dispatch center in accordance with:
760          (i) Section 17D-1-105; and
761          (ii) Section 17D-1-103.
762          (8) No later than January 1, 2021, a public safety answering point shall adopt the
763     statewide CAD-to-CAD call handling and 911 call transfer protocol adopted by the Utah
764     Communications Authority board under Subsection 63H-7a-204(17).
765          Section 16. Section 69-2-202 is amended to read:
766          69-2-202. Dispatch services -- Public safety answering point -- Department of
767     Public Safety.
768          (1) A public safety answering point shall, before providing dispatch services to the
769     Department of Public Safety:
770          (a) enter into a written agreement with the Department of Public Safety for providing
771     dispatch services that specifies:
772          (i) the scope of the services that the public safety answering point will provide; and
773          (ii) the rate that the public safety answering point will charge the Department of Public
774     Safety for dispatch services; and
775          (b) submit a copy of the agreement to:
776          (i) the director of the Utah Communications Authority; and
777          (ii) the commissioner of the Department of Public Safety.
778          (2) The Department of Public Safety shall, before providing dispatch services to a
779     public agency as a public safety answering point:
780          (a) enter into a written agreement with the public agency for providing dispatch
781     services that specifies:
782          (i) the scope of the services that the Department of Public Safety will provide; and
783          (ii) the rate that the Department of Public Safety will charge the public agency for
784     dispatch services; and
785          (b) submit a copy of the agreement to:
786          (i) the director of the Utah Communications Authority; and
787          (ii) the commissioner of the Department of Public Safety.
788          (3) (a) As used in this Subsection (3), "single answering point" means a public safety
789     answering point that is the single public safety answering point serving within a county.
790          (b) No later than December 31, 2020, the Department of Public Safety and a single
791     answering point shall enter into an agreement:
792          (i) to reduce or eliminate 911 call transfers, reduce 911 call response time, implement a
793     successful CAD-to-CAD call handling system, and increase the efficiency of the dispatch
794     services, within the geographical area served by the single answering point; or
795          (ii) providing for the single answering point to provide dispatch services to the
796     Department of Public Safety within the geographical area served by the single answering point.
797          Section 17. Section 69-2-203 is amended to read:
798          69-2-203. Audit to assess emergency services -- County.
799          (1) [Before July 1, 2021, and before July 1 of every fourth year beginning in 2025, each
800     county that is not served by a single, physically consolidated public safety answering point
801     shall] A county that by June 30, 2024 has not achieved a transfer rate, as defined in Section
802     69-2-204, of 2% or less shall:
803          (a) utilize a qualified third party to conduct an audit of each public safety answering
804     point within the county[.]; and
805          (b) require the audit to be completed no later than January 1, 2025.
806          (2) [(a)] The audit described in Subsection (1) shall evaluate:
807          [(i)] (a) how best to provide the emergency services within the county; [and]
808          (b) what needs to happen for the PSAPs within the county to achieve a transfer rate, as
809     defined in Section 69-2-204, of 2% or less; and
810          [(ii)] (c) whether the county could provide more cost efficient emergency service or
811     improve public safety by establishing a single public safety answering point for the county.
812          [(b) The county may request and the Utah Communications Authority Board created in
813     Section 63H-7a-203 may grant reimbursement for the costs of each audit described in
814     Subsection (1), up to $60,000, distributed from the Unified Statewide 911 Emergency Services
815     Account described in Section 63H-7a-304.]
816          (3) (a) Each public safety answering point shall participate and cooperate in the audit
817     described in Subsection (1).
818          (b) A public safety answering point that fails to participate and cooperate in the audit
819     as described in Subsection (1) is ineligible for funding or services provided by the Unified
820     Statewide 911 Emergency Services Account described in Section 63H-7a-304.
821          (4) No later than February 28, 2025, a county required to have an audit conducted
822     under Subsection (1) shall submit to the Utah Communications Authority:
823          (a) a copy of the audit report; and
824          (b) a written plan of how and when the county will implement the audit
825     recommendations.
826          (5) A PSAP in a county that fails to comply with the requirements of this section does
827     not qualify for a distribution of funds under Section 63H-7a-304.5.
828          Section 18. Section 69-2-204 is enacted to read:
829          69-2-204. Public safety answering point 911 call transfer rate.
830          (1) As used in this section:
831          (a) "Fiscal year" means the period from July 1 of one year to June 30 of the following
832     year.
833          (b) "Transfer rate" means the percentage of 911 calls that are:
834          (i) received by a public safety answering point during a fiscal year; and
835          (ii) transferred to another location in the state.
836          (2) Subject to Subsection (3), a public safety answering point shall maintain a transfer
837     rate that is no more than 2%.
838          (3) A public safety answering point with a transfer rate for the fiscal year ending June
839     30, 2020 that is greater than 2% shall:
840          (a) for the fiscal year ending June 30, 2021, reduce the public safety answering point's
841     transfer rate to at least 5% less than the transfer rate for the fiscal year ending June 30, 2020;
842          (b) for the fiscal year ending June 30, 2022, reduce the public safety answering point's
843     transfer rate:
844          (i) to at least 15% less than the transfer rate for the fiscal year ending June 30, 2020; or
845          (ii) to at least 10% less than the transfer rate for the fiscal year ending June 30, 2021;
846     and
847          (c) for the fiscal year ending June 30, 2023, reduce the public safety answering point's
848     transfer rate to no more than 5%.