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