State legislatures passed a variety of measures in 2014 to support and improve the operations of public emergency communication services for today's digital mobile society.
Once again a number of states enacted legislation providing immunity for individuals who report drug and alcohol overdoses. Alaska, Colorado, Georgia, Indiana, Louisiana, Maryland, Oregon, Pennsylvania, Utah and Wisconsin are among the states that enacted legislation in this area.
At least three states—California, Kansas and Tennessee—passed legislation related to next-generation 911, allowing users to send text, video and picture messages in addition to making phone calls to 911. California’s legislation requires the development of a plan and timeline for testing, implementing and operating NG911 throughout the state.
The legislation listed below includes key 2014 enactments, excluding appropriations. See NCSL's 9-1-1 Legislation Database for a more complete list of 2014 introduced and enacted 9-1-1 legislation.
Relates to crimes and offenses, establishes the crime of interference with public safety communication, provides penalties, provides for intentionally tampering with or rendering inoperable any transmitter, receiver, transceiver, tower or antenna, or any cable, telegraph or telephone line, or equipment, wire, fiber, pole, computer equipment, telecommunication switch and dispatching equipment, provides an exception for wireless telecommunications carrier employee acting on an intercept court order.
Relating to E-911 services, clarifies the definition of a subscriber, allows the Governor to appoint 911 Board members from multiple candidates recommended for designated positions by certain trade associations, governmental entities and industry groups, requires the statewide 911 Board to establish the maximum number of wireline 911 charges imposed at a single subscriber location, clarifies and affirms the application of 911 charge for users served by certain digital service platforms.
Provides restrictions on the criminal prosecution for a person who, in good faith, seeks medical assistance for a person experiencing a drug overdose, who sought medical or law enforcement assistance, who remained with the other person until assistance arrived and who cooperated with medical personnel, including by providing identification, includes a person experiencing a drug overdose.
Requires the Office of Emergency Services to develop a plan and timeline of target dates for testing, implementing and operating a Next Generation 911 emergency communication system, including text to 911 service, throughout the State. Requires the Office in determining a surcharge rate to include costs it expects to incur to plan, test, implement, and operate the system and services, including text to 911 service. Requires providing the Legislature with rate calculations and posting same on its Web site.
Enacts the Prepaid Mobile Telephony Service Surcharge Collection Act. Establishes a prepaid MTS surcharge based upon a percentage of the sales price. Includes the emergency telephone users surcharge and Public Utilities Commission surcharges. Requires a specified amount to be paid to the Prepaid MTS 911 Account. Relates to direct sellers. Provides exemption from surcharge for eligible lifeline program customers. Suspends the authority of a local entity to impose a utility user tax on prepaid MTS services.
Adds consumption and possession of marijuana and possession of marijuana paraphernalia to the crime of underage possession or consumption of alcohol, changes penalties, requires attendance of substance abuse education classes in certain cases, encourages the P.O.S.T. board to offer an advanced roadside impaired driving training course as an elective to basic field sobriety training recertification, changes the open marijuana container crime to require that prosecution prove certain elements.
Creates equity among users of telecommunications services by extending the 911 surcharge fee to prepaid wireless retail transactions, includes mobile telephones, provides that no seller or provider shall be liable for damages in connection with the provision of lawful assistance to any investigative or law enforcement officer.
Relates to the Emergency Communications Number E911 System, oversight of E911 fees by the Technology Program, E911 board appointment provisions, E911 fee and Grant Program funding, the base for measuring taxes, fees, or surcharges, prepaid wireless fees and collection, provides for the authority of a local government to impose a fee on prepaid wireless services sellers, provides that functions of the Department of Health are functions of 911 services, limits liability of providers and sellers for damages.
Relates to public records, provides an exception from public records requirements for proprietary confidential business information submitted by a wireless service provider to the Department of Revenue, authorizes the Department to share such information with the Secretary of Management Services and the E911 Board.
Relates to local government, changes certain provisions applicable to counties and municipal corporations related to advanced broadband collocation, makes changes related to streamlined processing, standardizes certain procedures related to new wireless facilities, places limitations on the time allowed for the review of new wireless facilities, limits fees charged for review of wireless facilities, relate to mobile broadband, provides for access by first responders.
Relates to when public disclosure of agency records is not required so as to change certain provisions relating to the release of audio recordings of 9-1-1 telephone calls, repeals conflicting laws.
Provides immunities from certain arrests, charges, or prosecutions for persons seeking medical assistance for a drug overdose, relates to furnishing to, purchase of, or possession of alcoholic beverages by persons under 21 years of age, provides for related matters, provides for applicability, repeals conflicting laws.
Creates a Division of Statewide 9-1-1 Administrator to develop and implement a uniform statewide 9-1-1 system for all areas of the state outside of certain municipalities, permits certain municipalities to impose a specified surcharge, provides for wireless carrier surcharge accounting procedures, allows certain municipalities to impose a surcharge per commercial mobile radio service connection or in-service telephone number, increases the composition of the Services Advisory Board, makes other changes.
Amends the Emergency Telephone System Act, provides that an entity that installs or operates a private business switch service shall install and operate that service such that when a user dials the digits 9-1-1 the emergency call can be connected to the 9-1-1 system without first dialing any number or set of numbers, exempts certain entities from the requirements of the amendatory act, sets forth penalties for failing to comply with the requirements of this amendatory act.
Provides that a person is immune from arrest or prosecution for alcohol offenses if the arrest or prosecution is due to the person reporting a medical emergency, being the victim of a sex offense, or reporting a crime; allows overdose intervention drug treatment by an emergency medical technician, firefighter, law enforcement officer or paramedic. Relates to prescription of such drugs, studies on sexual violence against children, social media-related issues and victims of domestic violence.
Limits the authority of the Utility Regulatory Commission regarding interconnection, resale of telecommunications services and unbundled access, repeals a provision authorizing the Commission to establish rates charged by incumbent exchange carriers to payphone service providers, relates to the universal service fund, relates to incorporating fire prevention and building safety codes into the State Administrative Code, relates to liability for the monthly statewide 911 fee.
Amends the Kansas 911 Act, relates to 911 emergency services, the 911 coordinating council and a public safety answering point (PSAP), provides that a provider may also be a 911 systems operator, relates to electronic requests for emergency response, by wireline, wireless, VoIP or telecommunications device for the deaf (TDD) technology, text message or any other technology by which a service user initiates an immediate information interchange or conversation with a PSAP.
Provides immunity from prosecution for persons seeking emergency assistance involving alcohol consumption and drug overdoses, prohibits a person from initiating an action against a peace officer, state agency or political subdivision based on the officer's compliance. Grants first responders authority to administer opiate antagonists without prescription when encountering an individual exhibiting signs of an opiate overdose. Provides first responders administering antagonist immunity from civil actions.
Provides that a person who experiences a medical emergency or a person who in good faith seeks, provides, or assists with the provision of medical assistance for a person experiencing a medical emergency after ingesting or using alcohol or drugs shall be immune from criminal prosecution if the evidence for the criminal prosecution was obtained solely as a result of the person's seeking, providing or assisting with the provision of medical assistance.
Amends the State Telecommunications Act, exempts local calls if the tariff, service guide, or similar document containing the terms and conditions of the provider does not classify the call as a local call, relates to intrastate switched toll access, contribution assessment percentages, recalculated restructuring mechanisms, jurisdiction of the commission, switched access rates, intercarrier compensation, access to 911 emergency services, discontinuation, and wholesale tariffs.
Relates to emergency 911 telecommunications services, provides for the collection of service charges, extends a repeal date.
Provides that the emergency telephone service board appointed by Greene County is not to be considered a body corporation and a political subdivision of the state for any purpose unless the county commissioners unanimously adopt an order reclassifying the board as such.
Allows first responders, firefighters, and law enforcement personnel with a valid driver's license and prior experience with driving emergency vehicles, to driver ground ambulances in certain emergency situations, relates to the recall procedures for each member of the emergency service board of directors.
Amends the duties of the 911 board relating to public safety answering points (PSAP), requires the 911 Board to ensure that individual PSAP plans incorporate a back-up PSAP and to establish policies and procedures to fund advisory services and training for PSAPs and back-up PSAPs, provides that a PSAP must have an alternate means for 911 call-taking in the event 911 calls cannot be received and processed in the primary PSAP, requires an alternate routing process for taking redirected 911 calls.
Requires boards of education to adopt a suicide and student drug abuse policy, provides for a curriculum and public awareness through the school district website, provides for selection of content, establishes a minimum annual training requirement, provides immunity for certain acts by school employees, provides for liability for certain negligent actions, limits causes of action, provides for agreements with designated Youth Services Agencies for of intervention and prevention services.
Requires providers and resellers of cellular service to provide, at request of law enforcement agency, call location information of cellular device for purpose of responding to 9-1-1 emergency call or emergency involving risk of death or serious physical harm, requires the Office of Emergency Management to maintain a database of such providers and make the information immediately available upon the request to a public safety answering point in the State.
Establishes procedures for collecting emergency communications tax on prepaid wireless telecommunications service and interconnected Voice over Internet Protocol service, declares legislative findings concerning scope of existing tax, retroactivity of provisions and intent of Act to facilitate administration of collection of tax, directs Department of Revenue to report on collections and effectiveness of emergency communications tax to legislative committee on revenue.
Provides that a person is immune from prosecution for an offense of possession of alcohol by a person under 21 years of age if the person was in need of medical assistance due to alcohol consumption or the person sought medical assistance for another person in need of medical assistance due to alcohol consumption, and evidence of the offense resulted from the person's having sought or obtained medical assistance.
Amends the Controlled Substance, Drug, Device and Cosmetic Act, providing for drug overdose response immunity for a person on probation or parole who transported a person experiencing a drug overdose event to a law enforcement agency, campus security office or health care facility, or for reporting the event to one of those entities or through the use of the 911 system and then gave their name and location, cooperated with all personnel involved, and remained at the scene.
Approves regulations of the South Carolina Criminal Justice Academy, relates to law enforcement officer and e-911 officer training and certification, relates to dispatchers.
Relates to Emergency Communications Districts, enacts the 911 Funding Modernization and IP Transition Act of 2014, creates a 911 surcharge, provides that for prepaid communications service, the surcharge shall be collected at the point of sale, provides that emergency communications districts shall be immune from suit or liability for civil claims arising from the actions or omission of emergency communications district personnel in processing emergency calls.
Modifies the State Controlled Substances Act regarding penalties for controlled substance violations, provides that a person who reports a person's overdose from a controlled substance or other substance may claim an affirmative defense to specified charges of violating the Act if the person remains with the person who is subject to the overdose, provides that remaining with a person subject to an overdose and cooperating with medical and law enforcement personnel is a penalty mitigating factor.
Merges the Utah Communications Agency Network and the Utah 911 Committee into an independent state agency named the Utah Communications Authority, moves the statutory provisions for the Utah Communications Agency Network from Title 63C, State Commissions and Councils Code to Title 63H, Independent State Entities, relates to a computer aided dispatch system, creates a radio network division, provides for confidentiality of tax returns and exceptions to property taxes.
Amends the emergency telephone service law, defines a term, addresses the duties and liabilities of a voice over Internet protocol service provider, relates to disclosure of unlisted numbers, makes technical and conforming changes.
Upgrades the state's telecommunications objectives and reorganizes functions in a manner that results in more coordinated and efficient programs and policies and produces operational savings that may be invested in broadband and mobile telecommunications service deployment, provides for a more equitable application of the Universal Service Fund surcharge, creates a certain commission, provides for public highway conduit standards, makes changes related to renewable energy plants.
Requires the Secretary of Public Safety and the Secretary of Health and Human Services to encourage the dissemination of information about specialized training in strategies to prevent and minimize mental health crises, provides the information shall be disseminated to law-enforcement personnel, other first responders, hospital emergency department personnel, school personnel, provides what the strategies shall include, requires that such personnel shall be trained to recognize mental health problems.
Relates to recordings and records, relates to 911 emergency service calls, relates to admissibility, provides that in any civil or criminal proceeding, recordings and records of such calls shall be admissible in evidence provided such recordings and records, or copies, are authenticated by the custodian thereof or by the person to whom the custodian reports, provides for a certificate signed by such person that includes the date and time of the incoming call, and, if possible, the phone number.
Creates a criminal offense for interfering with or preventing a person from using or accessing a 911 emergency telephone system for purposes of making a report to a law enforcement officer, fire department, or to request emergency medical assistance or to call for the assistance of emergency service personnel.
Provides for immunity from criminal prosecution for persons who bring another to an emergency room, hospital, fire station, or other health care facility if the person is suffering from an overdose of any controlled substances, for persons who summon a law enforcement officer, EMT, or other health care provider to assist a person suffering from an overdose, and for persons who dial 911 or another emergency number to obtain assist in relation to an overdose.
Lexis/Nexis Terms and Conditions
Compiled by Amanda Essex. Research Analyst II.