SENATE AMENDED
PRIOR PRINTER'S NOS. 1426, 2279 PRINTER'S NO. 3736
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1304
Session of
2023
INTRODUCED BY SOLOMON, MADDEN, WEBSTER, KINSEY, SANCHEZ, HILL-
EVANS, GUENST, GUZMAN, GREEN, CIRESI AND KHAN, JUNE 2, 2023
SENATOR MASTRIANO, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
IN SENATE, RE-REPORTED AS AMENDED, OCTOBER 8, 2024
AN ACT
1 Amending Title 35 (Health and Safety) of the Pennsylvania <--
2 Consolidated Statutes, in 911 emergency communication
3 services, further providing for uniform 911 surcharge and for
4 termination.
5 AMENDING TITLE 35 (HEALTH AND SAFETY) OF THE PENNSYLVANIA <--
6 CONSOLIDATED STATUTES, IN 911 EMERGENCY COMMUNICATION
7 SERVICES, PROVIDING FOR A LEGISLATIVE BUDGET AND FINANCE
8 COMMITTEE STUDY AND FURTHER PROVIDING FOR TERMINATION.
9 AMENDING TITLE 35 (HEALTH AND SAFETY) OF THE PENNSYLVANIA <--
10 CONSOLIDATED STATUTES, IN 911 EMERGENCY COMMUNICATION
11 SERVICES, FURTHER PROVIDING FOR DEFINITIONS, FOR
12 TELECOMMUNICATIONS MANAGEMENT AND FOR COUNTIES, PROVIDING FOR
13 ADDRESSING AUTHORITIES AND FOR NEXT GENERATION 911 CALL
14 DELIVERY, FURTHER PROVIDING FOR 911 SYSTEM PLAN, FOR FUND,
15 FOR PAYMENT, COLLECTION AND REMITTANCE OF SURCHARGE BY
16 PROVIDERS OF 911 COMMUNICATIONS SERVICES, FOR PAYMENT,
17 COLLECTION AND REMITTANCE OF SURCHARGE BY SELLERS OF PREPAID
18 WIRELESS TELECOMMUNICATIONS SERVICE, FOR TELEPHONE RECORDS,
19 FOR PENALTY, FOR IMMUNITY AND FOR SHARED RESIDENTIAL MLTS
20 SERVICE, REPEALING PROVISIONS RELATING TO BUSINESS MLTS, TO
21 SHARED COMMUNICATIONS SERVICES, TO TEMPORARY RESIDENCE AND TO
22 LOCAL NOTIFICATION, FURTHER PROVIDING FOR ALI DATABASE
23 MAINTENANCE, REPEALING PROVISIONS RELATING TO DIALING
24 INSTRUCTIONS AND FURTHER PROVIDING FOR MLTS SIGNALING AND FOR
25 PROHIBITED RELEASE OF INFORMATION.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. Section 5306.2 of Title 35 of the Pennsylvania <--
 1 Consolidated Statutes is amended by adding a subsection to read:
2 § 5306.2. Uniform 911 surcharge.
3 * * *
4 (a.1) Surcharge increase.--Beginning January 1, 2024, the
5 surcharge of $1.65 assessed under subsection (a) shall increase
6 to $1.97 and be adjusted annually each year thereafter by a
7 percentage equal to the upward percentage change in the Consumer
8 Price Index for All Urban Consumers (CPI-U) for which figures
9 have been officially reported by the United States Department of
10 Labor, Bureau of Labor Statistics. The following shall apply:
11 (1) The surcharge increase shall be rounded to the
12 nearest 1¢.
13 (2) The percentage change of the surcharge increase
14 shall be determined by comparison of the figures for the
15 previous June with the current June figures.
16 (3) The surcharge increase shall be applied to the next
17 successive calendar year. If the percentage change in the
18 Consumer Price Index for All Urban Consumers (CPI-U)
19 declines, the amount of the surcharge shall remain unchanged
20 for the successive calendar year.
21 (4) The agency shall, within 10 days of determining the
22 surcharge increase, submit a notice of the determination to
23 the Legislative Reference Bureau for publication in the next
24 available issue of the Pennsylvania Bulletin.
25 * * *
26 Section 2. Section 5398 of Title 35 is amended to read:
27 § 5398. Termination.
28 This chapter shall expire January 31, [2024] 2029.
29 Section 3. This act shall take effect in 60 days.
30 SECTION 1. TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED <--
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 1 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
2 § 5312.2. LEGISLATIVE BUDGET AND FINANCE COMMITTEE STUDY.
3 (A) REQUIREMENT.--THE LEGISLATIVE BUDGET AND FINANCE
4 COMMITTEE, IN CONJUNCTION WITH THE JOINT STATE GOVERNMENT
5 COMMISSION AND THE LOCAL GOVERNMENT COMMISSION, SHALL STUDY THE
6 FOLLOWING AND MAKE RECOMMENDATIONS WITH RESPECT TO:
7 (1) DETERMINING ANY EFFICIENCIES THAT CAN BE GAINED IN
8 THE CURRENT 911 SYSTEM OR POTENTIAL EFFICIENCIES THAT CAN BE
9 GAINED WITH A DIFFERENT 911 SYSTEM.
10 (2) REVIEWING OPERATIONS IN OTHER STATES, THE AMOUNT OF
11 FUNDING THAT THE OTHER STATES PROVIDE THROUGH ALL FUNDING
12 SOURCES, INCLUDING THE STATE FUNDING PER CAPITA, AND THE
13 MAKEUP OF THE LOCAL SHARE.
14 (3) OPTIONS FOR THE CONSOLIDATION OF COUNTY 911 SYSTEMS,
15 INCLUDING THE OPTION OF REGIONAL TASK FORCES PROPOSED BY THE
16 AGENCY.
17 (4) OPTIONS TO ALLOW 911 SYSTEM EMPLOYEES TO WORK FROM
18 HOME.
19 (5) THE USE OF ARTIFICIAL INTELLIGENCE IN A 911 SYSTEM,
20 INCLUDING RECOMMENDED STANDARDS.
21 (6) THE INTEGRATION OF THE 988 SUICIDE AND CRISIS
22 LIFELINE INTO THE 911 SYSTEM, INCLUDING PROTOCOLS TO SUPPORT
23 THE EFFECTIVE COMMUNICATION AND COORDINATION OF RESPONDERS,
24 LAW ENFORCEMENT AND FIRE AND AMBULANCE SERVICES DURING A
25 BEHAVIORAL HEALTH CRISIS.
26 (7) THE INTEGRATION OF PENNSYLVANIA STATE POLICE
27 DISPATCH INTO THE 911 SYSTEM.
28 (8) THE USE OF AUTOMATIC ALARMS AND CALL STACKING,
29 INCLUDING RECOMMENDED STANDARDS.
30 (B) CONSULTATION.--THE LEGISLATIVE BUDGET AND FINANCE
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 1 COMMITTEE, JOINT STATE GOVERNMENT COMMISSION AND LOCAL
2 GOVERNMENT COMMISSION MAY CONSULT WITH THE AGENCY, THE 9-1-1
3 ADVISORY BOARD, THE COUNTY COMMISSIONERS ASSOCIATION OF
4 PENNSYLVANIA, THE PENNSYLVANIA CHAPTER OF NATIONAL EMERGENCY
5 NUMBER ASSOCIATION AND OTHER STAKEHOLDERS IN ORDER TO CONDUCT
6 THE STUDY UNDER THIS SECTION.
7 (C) REPORT.--THE COMMITTEE SHALL SUBMIT A FINAL REPORT WITH
8 RECOMMENDATIONS TO THE CHAIR AND MINORITY CHAIR OF THE VETERANS
9 AFFAIRS AND EMERGENCY PREPAREDNESS COMMITTEE OF THE SENATE AND
10 THE CHAIR AND MINORITY CHAIR OF THE VETERANS AFFAIRS AND
11 EMERGENCY PREPAREDNESS COMMITTEE OF THE HOUSE OF REPRESENTATIVES
12 BY NOVEMBER 30, 2024, AND SHALL TRANSMIT A COPY OF THE FINAL
13 REPORT TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN
14 THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN WITHIN 30
15 DAYS OF THE SUBMISSION OF THE FINAL REPORT.
16 SECTION 2. SECTION 5398 OF TITLE 35 IS AMENDED TO READ:
17 § 5398. TERMINATION.
18 THIS CHAPTER SHALL EXPIRE [JANUARY 31, 2024] SEPTEMBER 30,
19 2025.
20 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
21 SECTION 1. THE DEFINITIONS OF "911 SERVICE PROVIDER," "ALI," <--
22 "ANI," "AUTOMATIC LOCATION INFORMATION," "AUTOMATIC NUMBER
23 IDENTIFICATION," "EMERGENCY LOCATION IDENTIFICATION NUMBER" OR
24 "ELIN," "NEXT GENERATION 911 SERVICE," "NEXT GENERATION 911
25 TECHNOLOGY," "PRIVATE 911 EMERGENCY ANSWERING POINT," "SHARED
26 RESIDENTIAL MLTS SERVICE," "SHARED TELECOMMUNICATIONS SERVICES"
27 AND "TEMPORARY FACILITY" IN SECTION 5302 OF TITLE 35 OF THE
28 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION
29 IS AMENDED BY ADDING DEFINITIONS TO READ:
30 § 5302. DEFINITIONS.
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 1 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
2 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
3 CONTEXT CLEARLY INDICATES OTHERWISE:
4 * * *
5 "ACCESS LINE." THE PHYSICAL VOICE-GRADE TELECOMMUNICATIONS
6 CONNECTION OR THE CABLE OR BROADBAND TRANSPORT FACILITIES, OR
7 ANY COMBINATION OF THESE FACILITIES OWNED, CONTROLLED OR RELIED
8 UPON BY A 911 SERVICE PROVIDER BETWEEN AN END-USER CUSTOMER'S
9 PREMISES AND A 911 SERVICE PROVIDER'S NETWORK THAT, WHEN THE
10 DIGITS 911 ARE DIALED, PROVIDES THE END-USER CUSTOMER ACCESS TO
11 A PSAP THROUGH A PERMISSIBLE INTERCONNECTION TO THE DEDICATED
12 911 NETWORK.
13 "ACCESS LINE EQUIVALENT." IN THE CASE OF MULTICHANNEL
14 SERVICES OR OFFERINGS, CHANNELIZED BY A SERVICE PROVIDER, EACH
15 INDIVIDUAL CHANNEL OR TRUNK PROVIDED TO AN END-USER CUSTOMER AND
16 CAPABLE OF SIMULTANEOUSLY SUPPORTING A VOICE CALL TO 911 SHALL
17 CONSTITUTE A SEPARATE ACCESS LINE OR EQUIVALENT ACCESS LINE.
18 "ADDRESSING AUTHORITY." THE ENTITY RESPONSIBLE FOR ASSIGNING
19 AN ADDRESS TO LOCATIONS WITHIN A LOCAL GOVERNMENT'S GEOGRAPHICAL
20 AREA.
21 "ADDRESSING THE ESINET." A REQUEST FOR EMERGENCY SERVICE
22 MADE TO A PSAP WITHOUT PHYSICALLY DIALING THE DIGITS "911".
23 * * *
24 ["ALI." AUTOMATIC LOCATION INFORMATION.
25 "ANI." AUTOMATIC NUMBER IDENTIFICATION.
26 "AUTOMATIC LOCATION INFORMATION."] "AUTOMATIC LOCATION
27 INFORMATION" OR "ALI." THE DELIVERY OR RECEIPT OF LOCATION
28 INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE STREET ADDRESS
29 OR GEOGRAPHIC LOCATION OF A TELECOMMUNICATION DEVICE, AS
30 SPECIFIED IN THE FCC 911 ORDER, BEING USED TO COMMUNICATE WITH A
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 1 911 SYSTEM.
2 ["AUTOMATIC NUMBER IDENTIFICATION."] "AUTOMATIC NUMBER
3 IDENTIFICATION" OR "ANI." THE DELIVERY OR RECEIPT OF A
4 TELEPHONE NUMBER ASSIGNED TO A TELECOMMUNICATION DEVICE BEING
5 USED TO COMMUNICATE WITH A 911 SYSTEM.
6 * * *
7 "CALL HANDLING EQUIPMENT." A FUNCTIONAL ELEMENT CONCERNED
8 WITH THE DETAILS OF THE MANAGEMENT OF CALLS THAT:
9 (1) HANDLES ALL COMMUNICATION FROM THE CALLER.
10 (2) INCLUDES THE INTERFACES, DEVICES, SOFTWARE AND
11 APPLICATIONS UTILIZED BY THE AGENTS TO HANDLE THE CALL.
12 "CALL PROCESSING RECORD." A RECORD STORED IN A NEXT
13 GENERATION 911 TECHNOLOGY DATABASE THAT DERIVED FROM THE PSAP
14 CALL HANDLING EQUIPMENT AND NEXT GENERATION 911 TECHNOLOGY,
15 WHICH MAY INCLUDE TRANSACTIONAL CALL DETAILS, CALLER PERSONAL
16 IDENTIFIABLE INFORMATION OR CALLER LOCATION DATA ASSOCIATED WITH
17 A REQUEST FOR ASSISTANCE.
18 * * *
19 "DISPATCHABLE LOCATION." A LOCATION DELIVERED TO THE PSAP
20 WITH A 911 CALL THAT CONSISTS OF THE VALIDATED STREET ADDRESS OF
21 THE CALLING PARTY AND ADDITIONAL INFORMATION SUCH AS SUITE,
22 APARTMENT OR SIMILAR INFORMATION NECESSARY TO ADEQUATELY
23 IDENTIFY THE LOCATION OF THE CALLING PARTY, EXCEPT FOR
24 COMMERCIAL MOBILE RADIO SERVICE PROVIDERS, WHICH SHALL CONVEY
25 THE LOCATION INFORMATION REQUIRED BY 47 CFR PT. 9 SUBPT. C
26 (RELATING TO COMMERCIAL MOBILE RADIO SERVICE).
27 ["EMERGENCY LOCATION IDENTIFICATION NUMBER" OR "ELIN." A
28 VALID NORTH AMERICAN NUMBERING PLAN FORMAT TELEPHONE NUMBER
29 ASSIGNED TO A MULTILINE TELEPHONE SYSTEM OPERATOR BY THE
30 APPROPRIATE AUTHORITY WHICH IS USED TO ROUTE THE CALL TO A
20230HB1304PN3736 - 6 -
 1 PUBLIC SAFETY ANSWERING POINT AND IS USED TO RETRIEVE THE
2 AUTOMATIC LOCATION INFORMATION FOR THE PUBLIC SAFETY ANSWERING
3 POINT. THE ELIN MAY BE THE SAME NUMBER AS THE AUTOMATIC NUMBER
4 IDENTIFICATION. THE NORTH AMERICAN NUMBERING PLAN NUMBER MAY IN
5 SOME CASES NOT BE A DIALABLE NUMBER.]
6 * * *
7 "EMERGENCY SERVICES INTERNET PROTOCOL NETWORK" OR "ESINET."
8 A ROBUST, REDUNDANT DEDICATED INTERNET PROTOCOL-BASED PRIVATE
9 NETWORK THAT SERVES AS THE FOUNDATION OF NEXT GENERATION 911
10 SERVICES AND IS UTILIZED TO SUPPORT THE INGRESS, LOCATION,
11 ROUTING AND DELIVERY OF 911 CALLS, DATA AND VIDEO TO PSAPS.
12 * * *
13 "GEOGRAPHIC INFORMATION SYSTEMS" OR "GIS." COMPUTER-BASED
14 TOOLS USED IN 911 SERVICES TO IDENTIFY GEOGRAPHIC LOCATIONS AND
15 BOUNDARIES.
16 * * *
17 "NETWORK OPERATIONS CENTER." A CENTRALIZED LOCATION WHERE
18 THE PERFORMANCE AND HEALTH OF A NETWORK OR SYSTEM IS
19 CONTINUOUSLY MONITORED.
20 ["NEXT GENERATION 911 SERVICE."] "NEXT GENERATION 911
21 SERVICE" OR "NG911 SERVICE." 911 SERVICE USING, IN WHOLE OR IN
22 PART, NEXT GENERATION 911 TECHNOLOGY.
23 ["NEXT GENERATION 911 TECHNOLOGY."] "NEXT GENERATION 911
24 TECHNOLOGY" OR "NG911 TECHNOLOGY." EQUIPMENT, PRODUCTS OR
25 SERVICES THAT ENABLE A PSAP TO RECEIVE CALLS FOR EMERGENCY
26 ASSISTANCE BY VOICE, TEXT, VIDEO, INTERNET PROTOCOL OR OTHER
27 TECHNOLOGY AUTHORIZED BY FEDERAL LAW, REGULATION OR INDUSTRY
28 STANDARD. THE TERM INCLUDES ANY NEW TECHNOLOGY WITH THE SAME OR
29 SIMILAR FUNCTIONALITY.
30 * * *
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 1 ["PRIVATE 911 EMERGENCY ANSWERING POINT." AN ANSWERING POINT
2 OPERATED BY A NONPUBLIC SAFETY ENTITY WHICH:
3 (1) PROVIDES FUNCTIONAL ALTERNATIVE AND ADEQUATE MEANS
4 OF SIGNALING AND DIRECTING RESPONSES TO EMERGENCIES AS AN
5 ADJUNCT TO PUBLIC SAFETY RESPONSES.
6 (2) TRAINS INDIVIDUALS INTERCEPTING CALLS FOR ASSISTANCE
7 IN ACCORDANCE WITH APPLICABLE LOCAL EMERGENCY
8 TELECOMMUNICATIONS REQUIREMENTS.
9 (3) PROVIDES INCIDENT REPORTING TO THE PUBLIC SAFETY
10 EMERGENCY RESPONSE CENTERS IN ACCORDANCE WITH STATE AND LOCAL
11 REQUIREMENTS.]
12 * * *
13 "REGIONAL 911 SYSTEM." A PSAP THAT COMBINES TWO OR MORE
14 PRIMARY PSAPS INTO A SINGLE PHYSICALLY COMBINED PRIMARY PSAP
15 WITH AN INTEGRATED MANAGEMENT STRUCTURE THAT SERVES THE SAME
16 POPULATION PREVIOUSLY SERVED BY INDEPENDENT PRIMARY PSAPS.
17 * * *
18 "SECURITY OPERATIONS CENTER." A CENTRALIZED LOCATION WHERE A
19 NETWORK OR SYSTEM ARE CONTINUOUSLY MONITORED TO PREVENT, DETECT,
20 INVESTIGATE AND RESPOND TO CYBER THREATS.
21 * * *
22 ["SHARED RESIDENTIAL MLTS SERVICE." THE USE OF A MULTILINE
23 TELEPHONE SYSTEM TO PROVIDE SERVICE TO RESIDENTIAL FACILITIES
24 EVEN IF THE SERVICE IS NOT DELINEATED FOR PURPOSES OF BILLING.
25 FOR PURPOSES OF THIS DEFINITION, RESIDENTIAL FACILITIES SHALL BE
26 LIBERALLY CONSTRUED TO MEAN SINGLE FAMILY AND MULTIFAMILY
27 FACILITIES.
28 "SHARED TELECOMMUNICATIONS SERVICES." THE PROVISION OF
29 TELECOMMUNICATIONS AND INFORMATION MANAGEMENT SERVICES AND
30 EQUIPMENT WITHIN A USER GROUP LOCATED IN DISCRETE PRIVATE
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 1 PREMISES IN BUILDING COMPLEXES, CAMPUSES OR HIGH-RISE BUILDINGS
2 BY A COMMERCIAL SHARED SERVICES PROVIDER OR BY A USER
3 ASSOCIATION THROUGH PRIVATELY OWNED SUBSCRIBER PREMISES
4 EQUIPMENT AND ASSOCIATED DATA PROCESSING AND INFORMATION
5 MANAGEMENT SERVICES, INCLUDING THE PROVISION OF CONNECTIONS TO
6 THE FACILITIES OF A LOCAL EXCHANGE CARRIER AND TO INTEREXCHANGE
7 CARRIERS.]
8 * * *
9 ["TEMPORARY FACILITY." A DORMITORY, HOTEL, MOTEL, HEALTH
10 CARE FACILITY, LONG-TERM CARE FACILITY, NURSING HOME OR OTHER
11 FACILITY AS DETERMINED BY THE AGENCY THAT PROVIDES TEMPORARY
12 OCCUPANCY TO TEMPORARY RESIDENTS AND THAT IS SERVED BY A
13 MULTILINE TELEPHONE SYSTEM.]
14 * * *
15 "VOIP SERVICE LINE." THIS TERM HAS THE SAME MEANING AS
16 "ACCESS LINE."
17 * * *
18 SECTION 2. SECTION 5303(A)(12) AND (C)(4) AND (5) OF TITLE
19 35 ARE AMENDED, SUBSECTION (A) IS AMENDED BY ADDING PARAGRAPHS
20 AND SUBSECTION (B)(4) IS AMENDED BY ADDING A SUBPARAGRAPH TO
21 READ:
22 § 5303. TELECOMMUNICATIONS MANAGEMENT.
23 (A) POWERS AND DUTIES OF AGENCY.--THE AGENCY SHALL HAVE THE
24 FOLLOWING POWERS AND DUTIES:
25 * * *
26 (12) TO REQUIRE A [BIENNIAL] TRIENNIAL PERFORMANCE AUDIT
27 OF EACH 911 SYSTEM'S USE OF MONEY FROM THE FUND, INCLUDING
28 ALLOCATIONS TO CAPITAL OR OPERATING RESERVES.
29 * * *
30 (19) TO PROCURE INDUSTRY STANDARD NEXT GENERATION 911
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 1 CALL DELIVERY SERVICES FOR ALL 911 SYSTEMS.
2 (20) TO ESTABLISH JOINT PURCHASING AGREEMENTS OR OTHER
3 CONTRACTS FOR THE PROCUREMENT OF GOODS AND SERVICES IN
4 SUPPORT OF 911 SERVICE AS IDENTIFIED IN THE STATE 911 PLAN TO
5 PURSUE COST AND OPERATIONAL EFFICIENCIES.
6 (21) TO PROVIDE EDUCATION AND OUTREACH TO ADDRESSING
7 AUTHORITIES ON NEXT GENERATION 911 ADDRESSING STANDARDS.
8 (B) ESTABLISHMENT OF 911 BOARD.--THERE IS ESTABLISHED A
9 BOARD WITHIN THE AGENCY TO BE KNOWN AS THE 911 BOARD. THE BOARD
10 SHALL BE COMPRISED OF THE FOLLOWING:
11 * * *
12 (4) A REPRESENTATIVE FROM THE FOLLOWING STATEWIDE
13 ASSOCIATIONS, WHO SHALL SERVE AS NONVOTING MEMBERS:
14 * * *
15 (XIX) THE PENNSYLVANIA CAREER FIRE CHIEFS
16 ASSOCIATION.
17 * * *
18 (C) POWERS AND DUTIES OF BOARD.--THE BOARD SHALL HAVE THE
19 FOLLOWING POWERS AND DUTIES:
20 * * *
21 (4) TO ADVISE THE AGENCY ON [PLANS TO DEPLOY] DEPLOYMENT
22 AND IMPLEMENTATION OF NEXT GENERATION 911 TECHNOLOGY IN 911
23 SYSTEMS IN THIS COMMONWEALTH.
24 (5) TO PROMOTE [THE] REGIONAL SHARING AND USE OF
25 TECHNOLOGY.
26 * * *
27 SECTION 3. SECTION 5304(A)(7) AND (8)(I)(B) OF TITLE 35 ARE
28 AMENDED, PARAGRAPH (10) IS AMENDED BY ADDING A SUBPARAGRAPH AND
29 THE SUBSECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:
30 § 5304. COUNTIES.
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 1 (A) POWERS AND DUTIES.--EACH COUNTY SHALL HAVE THE FOLLOWING
2 PO