2012 9-1-1 Enacted Legislation

Graphic: Dialing 9-1-1

State legislatures passed a variety of measures in 2012 to support and improve the operations of public emergency communication services for today's digital mobile society. The legislation listed below includes key 2012 enactments, excluding appropriations. See the National Conference of State Legislatures 9-1-1 Legislation Database for a more complete list of 2012 introduced and enacted 9-1-1 legislation. 


 

January 2013

Alabama
AL H 89
Creates a single, statewide emergency service charge applicable to all voice services provided within the state, creates a statewide 911 Board, which shall replace and supersede the existing Commercial Mobile Radio Service Board and which would be responsible for establishing and collecting an emergency telephone service charge, establishes a oversight commission, provides for audits and other services.
 
Arizona
AZ H 2094
Includes a commercial mobile service, provides that the seller may retain a percentage of the tax if the service occurs in this state, provides for immunity from liability for damages resulting from any lawful investigation by law enforcement or a political subdivision.
 
Colorado
CO S 20
Provides immunity from certain criminal offenses when a person reports in good faith an emergency drug or alcohol overdose event to a law enforcement officer, the 911 system, or to a medical provider.

Connecticut
CT H 5378
Concerns the maximum surcharge for enhanced 9-1-1 service; determines the appropriate maximum monthly fee that the Public Utilities Regulatory Authority may require providers of local telephone service, commercial mobile radio service, voice over Internet protocol service and prepaid wireless telephone service to assess their subscribers to fund the development and administration of the enhanced emergency 9-1-1 program.
 
CT H 5548
Section 26: The Office of State-Wide Emergency Telecommunications shall conduct a study to determine the cost, feasibility and public safety considerations of redesigning the state-wide emergency 9-1-1 telephone system in a manner that allows individuals to send a text message with or from a mobile telephone or mobile electronic device to the state-wide emergency 9-1-1 telephone system and receive a text message response through such system. In conducting such study, the office shall seek the advice of the E 9-1-1 Commission established pursuant to section 28-29a of the general statutes.
 
CT S 534
Imposes a fifty cent fee on each purchase of prepaid wireless telecommunications services from a retailer to pay for the enhanced emergency 9-1-1 program.
 
CT S 62
Relates to the establishment of a public safety data network that allows for the exchange of information among public safety and criminal justice entities, provides for cost-sharing among users of the network, provides for the implementation and maintenance of the network, provides for the governance of the network.
 
Delaware
DE S 174
Provides that all proceedings, communications and records, including any information acquired by a critical incident stress management team, or critical incident management stress management team member, from a first responder who is obtaining, assistance from the team, or team member, is confidential and is not subject to disclosure through compulsory legal process unless the confidentiality is waived by the affected first responder.
 
DE S 196
Clarifies that the limitation of liability applies to the provision of Next Generation 9-1-1 service, provides that this bill does not expand the current scope of the limitation but rather updates the language to account for change in the technology used to deliver 9-1-1 service.
 
Florida
FL H 1227
Revises requirements for certification of 911 public safety telecommunicators, provides conditions under which requirement for certification as 911 public safety telecommunicator may be waived for certain law enforcement officers
 
FL H 801
Provides an exception to certain confidentiality provisions for a 911 public safety telecommunicator when a confirmed coronary emergency call is taking place, increases the membership of the E911 Board, requires that a voice communications service provider impose a specified fee, expands the types of providers that may be indemnified, provides for an entity in possession of an automated external defibrillator to notify the local public safety answering point regarding the location of the defibrillator.
 
FL S 278
Relates to preventing deaths from drug-related overdoses, provides that a person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized for specified offenses in certain circumstances, provides that a person who experiences a drug-related overdose and needs medical assistance may not be charged, prosecuted, or penalized for specified offenses.
 
Georgia
GA H 1049
Changes the definition of prepaid wireless service, corrects cross-references, requires Voice over Internet Protocol service suppliers register and update certain information with the director of emergency management, changes provisions relating to subscriber billing and liability and the use of proceeds in the Emergency Telephone System Fund, provides for delinquency notices to be sent under specified circumstances.
 
Hawaii
HI  H 2769
Amends the definition of public safety agency to refer to state and county divisions and not federal government entities.
 
Illinois
IL H 3129
Amends the Prepaid Wireless 9-1-1 Surcharge Act, provides for the deposit of prepaid wireless E911 charges and penalties into the Wireless Service Emergency Fund, sets forth reporting requirements, provides for deposits into the Municipal Wireless Service Emergency Fund, provides that overpayments received by the Department for liabilities reported on existing or combined returns shall be first applied to retailers' occupation tax, use tax, service occupation tax, or service use tax liabilities.
 
IL S 555
Amends the Emergency Telephone System Act, defines computer aided dispatch and hosted supplemental 9-1-1 services, sets forth requirements concerning hosted supplemental 9-1-1 services, provides that expenditures from the Emergency Telephone System Fund account may be made to pay for costs associated with the implementation of a computer aided dispatch system or hosted supplemental 9-1-1 services.
 
Indiana
IN S 345
Establishes a public safety communications system and computer facilities district in a county having a consolidated city, allows other counties to establish a public safety communications systems district, relates to deceptive commercial electronic mail, amends provisions regarding enhanced 911 fees, provides fee exemptions, specifies distribution of funds to counties.
 
Iowa
IA S 2332
Replaces the existing surcharge on prepaid wireless service with a new surcharge collected at the point of retail sale, includes digital downloads and mobile wireless, provides for a referendum on alternative surcharges, requires public notice, provides that the surcharge shall not be imposed on wire-line-based communications or prepaid wireless communications.
 
Kansas
KS S 384
Provides for membership of the 911 Coordinating Council, provides that after a certain amount of money is deposited in the 911 state grant fund each year then all remaining moneys shall be distributed to the counties in an amount proportional to each county's population as a percentage share of the population of the state, provides that if there is no system in a county, the money shall go to the entity providing such services in the county.
 
Maryland
MD H 1235
Alters the responsibilities of the Emergency Number Systems Board to include establishing planning guidelines for next generation 9-1-1 service plans and deployment of next generation 9-1-1 services, defines next generation 9-1-1 services.
 
Michigan
MI H 5431 
Prohibits false report to a person who is authorized to receive reports of medical or other emergencies of the commission a medical or other emergency, provides that if the false report results in a response to address the reported crime and a person incurs physical injury, serious impairment or is killed as a proximate result of lawful conduct arising out of that response, the person responsible for the false report is guilty of a felony.
 
MI H 5468
Revises provisions concerning the collection of 9-1-1 surcharges on prepaid wireless communication devices.
 
Nebraska
NE  L 1091
Adopts the Prepaid Wireless Surcharge Act and eliminates certain charges on prepaid wireless service, includes access to the 911 system, includes mobile service, provides that sales tax collections shall not be included in the base for measuring any tax, fee, surcharge or other charge that is imposed by this state, any political subdivision of this state, or any intergovernmental agency, provides that certain surcharges shall not apply to prepaid wireless telecommunications service.
 
New Hampshire
NH H 388
Requires providers of Voice over Internet Protocol services to pay the enhanced 911 services surcharge, repeals a requirement that the enhanced 911 services surcharge provide adequate funding for enhanced 911 system operations and the statewide emergency notification system.
 
NH H 1133
Requires that the Commissioner of the Department of Safety or a designee sit on the Enhanced 911 Commission, removes the New England Cable Telecommunications Association member from the commission and adds a representative of the state Emergency Dispatchers Association and a member of Comcast to the commission.
 
North Carolina
NC H 571
Imposes a service charge on each retail transaction of prepaid wireless telecommunications service in the state for any purpose other than resale, requires that the service charge be collected by the seller and remitted to the Department of Revenue, provides that the Department of Revenue shall transfer all service charges collected, minus the costs of collection, to the 911 fund to support 911 services in the state, provides that the monthly charge is not imposed in prepaid wireless service.
 
Ohio
OH H 509
Creates a statewide emergency services internet protocol network steering committee which shall generally advise the state on the implementation, operation, and maintenance of a statewide emergency services internet protocol network that would support state and local government next-generation 9-1-1 and the dispatch of emergency service providers.
 
South Dakota
SD S 174
Increases the 911 emergency surcharge, revises the collection and distribution of the surcharge revenue, provides for point of sale collection of the prepaid wireless 911 emergency surcharge during each retail transaction, provides for remittance of the surcharges by electronic transfer on a monthly basis, provides criminal penalties for failure to pay such surcharges, provides funding for the upgrade of 911 emergency services.
 
Tennessee
TN S 2413
Relates to Telecommunications, enacts the Kelsey Smith Act, provides that upon request of a law enforcement agency, a wireless telecommunications service provider shall provide call location information concerning the telecommunications device of the user in order for the agency to respond to a call for emergency services or an emergency situation that involves the risk of death or serious physical harm.
 
TN S 3010 
Relates to Emergency Communications Districts, authorizes the diversion of harassing non-initialized 911 phone calls to a designated entity, provides that the entity shall be immune from liability for receiving and processing such calls.
 
TN S 3061
Defines Safety Answering Point or PSAP to mean a facility that receives 911 calls and routes them to emergency services personnel.
 
TN H 3365
Creates a Class A misdemeanor for a person to knowingly prevent or interfere with another person's ability to place an emergency call or to request assistance in an emergency, or to recklessly render unusable a telephone that would be used for an emergency call. Elevates such offenses to a Class E felony if the person is previously convicted of such offenses, relates to requests for assistance in an emergency from a law enforcement agency, medical facility or other safety agency.

Vermont
VT S 180
Proposes to disburse universal service funds to incumbent local exchange carriers as compensation for offering universal basic local service throughout their exchanges, creates a high-cost program under which the universal service charge shall be used to keep basic telecommunications service affordable throughout the state, requires the Commissioner of Public Service to study the state universal service fund and prepaid wireless telecommunications services.

Virginia
VA H 893
Establishes that the Commonwealth Interoperability Coordinator shall serve as an advisor to the E-911 Services Board to ensure that enhanced wireless emergency telecommunications services and technologies are compliant with the statewide interoperability strategic plan.
 
VA S 193
Provides an exemption from the mandatory disclosure provisions of the Freedom of Information Act for records of a fire/EMS company or fire/EMS department, to the extent that they disclose the telephone numbers for cellular telephones, pagers, or comparable portable communication devices provided to its personnel for use in the performance of their official duties.
 
Wisconsin
WI A 149
Increases the criminal fine penalty range for a person who intentionally calls 911 to report an emergency, knowing that the emergency that he or she is reporting does not exist.

Posted February 12, 2013