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7 LONG TITLE
8 Committee Note:
9 The Retirement and Independent Entities Interim Committee recommended this bill.
10 Legislative Vote: 8 voting for 0 voting against 7 absent
11 General Description:
12 This bill amends provisions related to the Utah Communications Authority.
13 Highlighted Provisions:
14 This bill:
15 ▸ combines into a single section various provisions concerning which statutes the
16 Utah Communications Authority (authority) is subject to and exempt from;
17 ▸ removes the advice and consent requirement for appointment of a member of the
18 authority's board as chair of the board;
19 ▸ combines reporting requirements related to the authority into a single section and
20 consolidates certain reporting requirements;
21 ▸ requires the authority to provide annual reports to the Retirement and Independent
22 Entities Interim Committee;
23 ▸ repeals outdated and obsolete provisions; and
24 ▸ makes technical and conforming changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 63H-7a-103, as last amended by Laws of Utah 2020, Chapter 368
32 63H-7a-104, as last amended by Laws of Utah 2022, Chapter 435
33 63H-7a-201, as last amended by Laws of Utah 2017, Chapter 430
34 63H-7a-203, as last amended by Laws of Utah 2019, Chapters 246, 509
35 63H-7a-205, as last amended by Laws of Utah 2020, Chapter 294
36 63H-7a-206, as last amended by Laws of Utah 2020, Chapter 368
37 63H-7a-301, as renumbered and amended by Laws of Utah 2015, Chapter 411
38 63H-7a-303, as last amended by Laws of Utah 2020, Chapter 368
39 63H-7a-304.5, as last amended by Laws of Utah 2023, Chapter 507
40 63H-7a-401, as renumbered and amended by Laws of Utah 2015, Chapter 411
41 63H-7a-501, as renumbered and amended by Laws of Utah 2015, Chapter 411
42 63H-7a-601, as last amended by Laws of Utah 2017, Chapter 430
43 63H-7a-804, as renumbered and amended by Laws of Utah 2015, Chapter 411
44 63I-2-263, as last amended by Laws of Utah 2023, Chapters 33, 139, 212, 354, and 530
45 69-2-204, as last amended by Laws of Utah 2023, Chapter 507
46 REPEALS:
47 63H-7a-101, as renumbered and amended by Laws of Utah 2015, Chapter 411
48 63H-7a-206.5, as enacted by Laws of Utah 2020, Chapter 368
49 63H-7a-800, as enacted by Laws of Utah 2015, Chapter 411
50 63H-7a-803, as last amended by Laws of Utah 2022, Chapter 435
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 63H-7a-103 is amended to read:
54 63H-7a-103. Definitions.
55 As used in this chapter:
56 (1) "911 account" means the Unified Statewide 911 Emergency Service Account,
57 created in Subsection 63H-7a-304(1).
58 (2) "911 call transfer" means the redirection of a 911 call from the person who initially
59 receives the call to another person within the state.
60 [
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64 63H-7a-201.
65 [
66 network that consists primarily of microwave paths, fiber lines, or ethernet circuits.
67 [
68 63H-7a-203.
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70 automating selected dispatching and record-keeping activities.
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72 a PSAP and a dispatch center for the transmission of data between CADs.
73 [
74 or nonemergency communication transferred to the entity from a public safety answering point.
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76 in 47 U.S.C. Sec. 1424.
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78 or similar agreement.
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80 public safety answering point.
81 [
82 69-2-102.
83 [
84 (a) receives, as a first point of contact, direct 911 emergency communications from the
85 911 emergency service network requesting a public safety service;
86 (b) has a facility with the equipment and staff necessary to receive the communication;
87 (c) assesses, classifies, and prioritizes the communication; and
88 (d) dispatches the communication to the proper responding agency.
89 [
90 (a) a regional or statewide public safety governmental communications network and
91 related facilities, including real property, improvements, and equipment necessary for the
92 acquisition, construction, and operation of the services and facilities; and
93 (b) 911 emergency services, including radio communications, connectivity, and 911
94 call processing equipment.
95 Section 2. Section 63H-7a-104 is amended to read:
96 63H-7a-104. Relation to certain acts.
97 (1) The authority is exempt from:
98 (a) Title 51, Chapter 5, Funds Consolidation Act;
99 (b) except as provided in Subsection (5), Title 63A, Utah Government Operations
100 Code; and
101 [
102 (c) Title 63G, Chapter 4, Administrative Procedures Act.
103 (2) The authority is subject to:
104 (a) Title 52, Chapter 4, Open and Public Meetings Act;
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109 (d) Title 63J, Chapter 1, Budgetary Procedures Act; and
110 (e) Section 67-3-12.
111 (3) The authority, the board, and the committee members are subject to Title 67,
112 Chapter 16, Utah Public Officers' and Employees' Ethics Act.
113 (4) The board shall adopt procedures, accounting, and personnel and human resource
114 policies substantially similar to those from which the authority is exempted under Subsection
115 (1).
116 (5) Subject to the requirements of Subsection 63E-1-304(2), the authority may
117 participate in coverage under the Risk Management Fund created in Section 63A-4-201.
118 Section 3. Section 63H-7a-201 is amended to read:
119 63H-7a-201. Utah Communications Authority established.
120 [
121 (1) As used in this section, "independent state agency" means the same as that term is
122 defined in Section 63E-1-102.
123 (2) There is established the Utah Communications Authority as an independent state
124 agency and not a division within any other department of the state.
125 [
126 [
127
128 Section 4. Section 63H-7a-203 is amended to read:
129 63H-7a-203. Board established -- Terms -- Vacancies.
130 (1) There is created the Utah Communications Authority Board.
131 (2) The board shall consist of nine voting board members and two nonvoting board
132 members as follows:
133 (a) as voting members:
134 (i) three individuals appointed by the governor with the advice and consent of the
135 Senate;
136 (ii) one individual who is not a legislator appointed by the speaker of the House of
137 Representatives;
138 (iii) one individual who is not a legislator appointed by the president of the Senate;
139 (iv) two individuals nominated by an association that represents cities and towns in the
140 state and appointed by the governor with the advice and consent of the Senate; and
141 (v) two individuals nominated by an association that represents counties in the state
142 and appointed by the governor with the advice and consent of the Senate; and
143 (b) as nonvoting members, the chairs of the public safety advisory committee created
144 in Section 63H-7a-207 and the PSAP advisory committee created in Section 63H-7a-208.
145 (3) Subject to this section, an individual is eligible for appointment under Subsection
146 (2) if the individual has knowledge of at least one of the following:
147 (a) law enforcement;
148 (b) public safety;
149 (c) fire service;
150 (d) telecommunications;
151 (e) finance;
152 (f) management; and
153 (g) government.
154 (4) An individual may not serve as a voting board member if the individual is a current
155 public safety communications network:
156 (a) user; or
157 (b) vendor.
158 (5) (a) (i) Five of the board members appointed under Subsection (2)(a) shall serve an
159 initial term of two years and four of the board members appointed under Subsection (2)(a) shall
160 serve an initial term of four years.
161 (ii) Successor board members shall each serve a term of four years.
162 (b) (i) The governor may remove a board member with cause.
163 (ii) If the governor removes a board member the entity that appointed the board
164 member under Subsection (2)(a) shall appoint a replacement board member in the same manner
165 as described in Subsection (2)(a).
166 (6) (a) The governor shall, after consultation with the board, appoint a voting board
167 member as chair of the board [
168 (b) The chair shall serve a two-year term.
169 (7) The board shall meet on an as-needed basis and as provided in the bylaws.
170 (8) (a) The board shall elect one of the board members to serve as vice chair.
171 (b) (i) The board may elect a secretary and treasurer who are not members of the board.
172 (ii) If the board elects a secretary or treasurer who is not a member of the board, the
173 secretary or treasurer does not have voting power.
174 (c) A separate individual shall hold the offices of chair, vice chair, secretary, and
175 treasurer.
176 (9) Except for the nonvoting members described in Subsection (2)(b), each board
177 member, including the chair, has one vote.
178 (10) A vote of a majority of the board members is necessary to take action on behalf of
179 the board.
180 (11) A board member may not receive compensation for the member's service on the
181 board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
182 Chapter 3, Utah Administrative Rulemaking Act, receive:
183 (a) a per diem at the rate established under Section 63A-3-106; and
184 (b) travel expenses at the rate established under Section 63A-3-107.
185 Section 5. Section 63H-7a-205 is amended to read:
186 63H-7a-205. Executive director -- Appointment -- Powers and duties.
187 The executive director shall:
188 (1) (a) serve at the pleasure of the board; and
189 (b) act as the executive officer of the authority;
190 (2) administer the duties, programs, and functions assigned to the authority;
191 (3) recommend administrative rules and policies to the board;
192 (4) execute contracts on behalf of the authority;
193 (5) recommend to the board any changes in statutes affecting the authority;
194 (6) recommend to the board an annual administrative budget covering administration,
195 management, and operations of the authority;
196 (7) with board approval, direct and control authority expenditures; and
197 (8) within the limitations of the budget, employ personnel, consultants, a financial
198 officer, and legal counsel to provide professional services and advice regarding the
199 administration of the authority[
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220 Section 6. Section 63H-7a-206 is amended to read:
221 63H-7a-206. Required annual reporting and strategic plan.
222 (1) The authority shall create, maintain, and review annually a statewide,
223 comprehensive multiyear strategic plan, in consultation with state and local stakeholders, the
224 PSAP advisory committee, and the public safety advisory committee, that:
225 (a) coordinates the authority's activities and duties in the:
226 (i) 911 Division;
227 (ii) Radio Network Division;
228 (iii) Interoperability Division; and
229 (iv) Administrative Services Division; and
230 (b) includes:
231 (i) a plan for maintaining, upgrading, and expanding the public safety communications
232 network, including microwave and fiber optics based systems;
233 (ii) a plan for statewide interoperability;
234 (iii) a plan for statewide coordination;
235 (iv) radio network coverage maps; and
236 (v) FirstNet standards.
237 (2) The executive director shall update the strategic plan described in Subsection (1)
238 before July 1 of each year.
239 (3) The executive director shall, before December 1 of each year, report on the strategic
240 plan described in Subsection (1) to:
241 (a) the board;
242 (b) the Executive Offices and Criminal Justice Appropriations Subcommittee; [
243 (c) the Legislative Management Committee[
244 (d) the Retirement and Independent Entities Interim Committee.
245 (4) Each report described in Subsection (3) shall include a description of the authority's
246 goals for implementation of the strategic plan and a progress report of accomplishments and
247 updates to the strategic plan.
248 [
249 before spending funds in the restricted accounts created by this chapter.
250 (6) (a) Following the close of each fiscal year, the executive director shall submit and
251 make available to the public an annual report of the authority's activities for the preceding year
252 to the governor, the board, the Executive Offices and Criminal Justice Appropriations
253 Subcommittee, the Legislative Management Committee, and the Retirement and Independent
254 Entities Interim Committee.
255 (b) Each report described in Subsection (6)(a) shall include:
256 (i) the agency's complete operating and financial statement for the preceding fiscal
257 year;
258 (ii) the total aggregate surcharge collected by the state in the last fiscal year under Title
259 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service Charges;
260 (iii) the amount of each disbursement from the restricted accounts described in:
261 (A) Section 63H-7a-303;
262 (B) Section 63H-7a-304; and
263 (C) Section 63H-7a-403;
264 (iv) the recipient of each disbursement, the goods and services received, and a
265 description of the project funded by the disbursement;
266 (v) any conditions the authority placed on the disbursements from a restricted account;
267 (vi) the anticipated expenditures from the restricted accounts described in this chapter
268 for the next fiscal year;
269 (vii) the amount of any unexpended funds carried forward; and
270 (viii) other relevant justification for ongoing support from the restricted accounts
271 created by:
272 (A) Section 63H-7a-303;
273 (B) Section 63H-7a-304; and
274 (C) Section 63H-7a-403.
275 Section 7. Section 63H-7a-301 is amended to read:
276 63H-7a-301. 911 Division.
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280 chapter.
281 Section 8. Section 63H-7a-303 is amended to read:
282 63H-7a-303. Computer Aided Dispatch Restricted Account -- Creation --
283 Administration -- Permitted uses.
284 (1) There is created a restricted account within the General Fund known as the
285 "Computer Aided Dispatch Restricted Account," consisting of money appropriated or
286 otherwise made available by the Legislature.
287 (2) Subject to this Subsection (2) and appropriations by the Legislature, the authority
288 may expend funds in the Computer Aided Dispatch Restricted Account for the following
289 purposes:
290 (a) enhancing public safety as provided in this chapter; and
291 (b) creating a shared computer aided dispatch system including:
292 (i) an interoperable computer aided dispatch platform that will be selected, shared, or
293 hosted on a statewide or regional basis;
294 (ii) an interoperable computer aided dispatch platform selected by a county of the first
295 class, when:
296 (A) authorized through an interlocal agreement between the county's two primary
297 public safety answering points; and
298 (B) the county's computer aided dispatch platform is capable of interfacing with the
299 platform described in Subsection (2)(b)(i); and
300 (iii) a statewide computer aided dispatch system data sharing platform to provide
301 interoperability of systems.
302 (3) Subject to an appropriation by the Legislature and approval by the board, the
303 Administrative Services Division may expend funds from the Computer Aided Dispatch
304 Restricted Account to cover the Administrative Services Division's administrative costs related
305 to the Computer Aided Dispatch Restricted Account.
306 (4) [
307 transfer all funds in the Computer Aided Dispatch Restricted Account [
308
309 Section 9. Section 63H-7a-304.5 is amended to read:
310 63H-7a-304.5. Distributions from 911 account to qualifying PSAPs.
311 (1) As used in this section:
312 (a) "Certified statement" means a statement signed by a PSAP's director or other
313 authorized administrator certifying the PSAP's compliance with the requirements of Subsection
314 (2)(a).
315 (b) "Fiscal year" means the period from July 1 of one year to June 30 of the following
316 year.
317 (c) "Proportionate share" means a percentage derived by dividing a PSAP's average
318 911 call volume, as reported to the State Tax Commission under Section 69-2-302, for the
319 preceding three years by the total of the average 911 call volume for the same three-year period
320 for all PSAPs that have submitted a certified statement seeking a distribution of the applicable
321 remaining funds.
322 (d) "Qualifying PSAP" means a PSAP that:
323 (i) meets the requirements of Subsection (2)(a) for the period for which remaining
324 funds are sought; and
325 (ii) submits a timely certified statement to the authority.
326 (e) "Remaining funds" means the money remaining in the 911 account after deducting:
327 (i) disbursements under Subsections 63H-7a-304(2)(a), (3), and (4);
328 (ii) authority expenditures or disbursements in accordance with the authority's strategic
329 plan, including expenditures or disbursements to pay for:
330 (A) implementing, maintaining, or upgrading the public safety communications
331 network or statewide 911 phone system; and
332 (B) authority overhead for managing the 911 portion of the public safety
333 communications network; and
334 (iii) money that the board determines should remain in the 911 account for future use.
335 (f) "Required transfer rate" means[
336 [
337 [
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340 (g) "Transfer rate" means the same as that term is defined in Section 69-2-204.
341 (2) (a) To qualify for a proportionate share of remaining funds, a PSAP shall, for the
342 period for which remaining funds are sought:
343 (i) have answered:
344 (A) 90% of all 911 calls arriving at the PSAP within 15 seconds; and
345 (B) 95% of all 911 calls arriving at the PSAP within 20 seconds;
346 (ii) have adopted and be using the statewide CAD-to-CAD call handling and 911 call
347 transfer protocol adopted by the board under Subsection 63H-7a-204(17);
348 (iii) have participated in the authority's annual interoperability exercise;
349 (iv) have complied with the required transfer rate; and
350 (v) be designated as an emergency medical service dispatch center according to Section
351 26B-4-117.
352 (b) A PSAP that seeks a proportionate share of remaining funds shall submit a certified
353 statement to the authority no later than July 31 following the end of the fiscal year for which
354 remaining funds are sought.
355 (c) Notwithstanding Subsection (2)(a):
356 (i) a qualifying PSAP in a county with multiple PSAPs does not qualify for a
357 proportionate share of remaining funds for a period beginning after June 30, 2023, unless every
358 PSAP in that county is a qualifying PSAP; and
359 (ii) a PSAP described in Subsection 69-2-203(5) does not qualify for remaining funds.
360 (3) (a) Subject to Subsection (3)(b), for PSAPs that have become qualifying PSAPs for
361 the previous fiscal year the authority shall distribute to each qualifying PSAP that PSAP's
362 proportionate share of the remaining funds.
363 (b) The authority may not distribute more than 20% of remaining funds to any single
364 PSAP.
365 (4) All money that a PSAP receives under this section is subject to Section 69-2-301.
366 Section 10. Section 63H-7a-401 is amended to read:
367 63H-7a-401. Radio Network Division.
368 [
369 the authority the Radio Network Division.
370 Section 11. Section 63H-7a-501 is amended to read:
371 63H-7a-501. Interoperability Division.
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376 with the approval of the board.
377 (3) The statewide interoperability coordinator shall be funded by the Department of
378 Public Safety within appropriations to the Department of Public Safety for this purpose.
379 Section 12. Section 63H-7a-601 is amended to read:
380 63H-7a-601. Administrative Services Division -- Creation -- Legal services.
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384 resources assistance to the authority under the direction of the board and the executive director.
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386 Services Division may establish or contract for legal services for the authority.
387 Section 13. Section 63H-7a-804 is amended to read:
388 63H-7a-804. Audit by state auditor -- Reimbursement for costs.
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394 of the authority or shall contract with an independent certified public accountant for this audit.
395 (2) The audit described in Subsection (1) shall include a review of the procedures
396 adopted under the requirements of Subsection [
397 determination as to whether the board has complied with the requirements of [
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399 (3) The authority shall reimburse the state auditor from available money of the
400 authority for the actual and necessary costs of [
401 Section 14. Section 63I-2-263 is amended to read:
402 63I-2-263. Repeal dates: Title 63A to Title 63N.
403 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
404 Procurement Advisory Council is repealed July 1, 2025.
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410 (4) The following provisions related to the Computer Aided Dispatch Restricted
411 Account are repealed July 1, 2024:
412 (a) Subsection 63H-7a-206(6)(b)(iii)(A);
413 (b) Subsection 63H-7a-206(6)(b)(viii)(A);
414 (c) Subsection 63H-7a-302(1)(f)(ii);
415 (d) Subsection 63H-7a-302(1)(h);
416 (e) in Subsection 63H-7a-302(2), the language that states, "the Computer Aided
417 Dispatch Restricted Account created in Section 63H-7a-303 or";
418 (f) Subsection 63H-7a-302(3);
419 (g) Subsection 63H-7a-302(5);
420 (h) Subsection 63H-7a-602(1); and
421 (i) Subsection 63J-1-602.1(51).
422 (5) In relation to the Computer Aided Dispatch Restricted Account, on July 1, 2024,
423 Subsection 63H-7a-302(2) is amended to read: "The 911 Division may recommend to the
424 executive director to sell, lease, or otherwise dispose of equipment or personal property
425 purchased, leased, or belonging to the authority that is related to funds expended from the 911
426 account, the proceeds of which shall return to the 911 account."
427 (6) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public safety
428 communications network, is repealed July 1, 2033.
429 (7) Subsection 63J-1-602.2(45), which lists appropriations to the State Tax
430 Commission for property tax deferral reimbursements, is repealed July 1, 2027.
431 (8) Subsection 63N-2-213(12)(a), relating to claiming a tax credit in the same taxable
432 year as the targeted business income tax credit, is repealed December 31, 2024.
433 (9) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an Enterprise
434 Zone, is repealed December 31, 2024.
435 Section 15. Section 69-2-204 is amended to read:
436 69-2-204. Public safety answering point 911 call transfer rate requirements.
437 (1) As used in this section:
438 [
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444 to 988 services or poison control.
445 (2) [
446 transfer rate that is no more than 2%.
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459 Section 16. Repealer.
460 This bill repeals:
461 Section 63H-7a-101, Title.
462 Section 63H-7a-206.5, Report on implementing audit recommendations.
463 Section 63H-7a-800, Title.
464 Section 63H-7a-803, Relation to certain acts -- Participation in Risk Management
465 Fund.
466 Section 17. Effective date.
467 This bill takes effect on May 1, 2024.