Bill Summary – FastDemocracy

0193.01000
     Sixty-seventh
     Legislative Assembly                   HOUSE BILL NO. 1206
     of North Dakota
     Introduced by
       Representatives Mock, Bosch, Dockter, Roers Jones, Vigesaa, Weisz
       Senators Davison, Piepkorn, Vedaa, Wanzek
  A BILL for an Act to amend and reenact sections 57-40.6-01, 57-40.6-05, and 57-40.6-06,
  subsection 3 of section 57-40.6-07, subsections 3 and 4 of section 57-40.6-10, sections
  57-40.6-12 and 57-40.6-13, and subdivision c of subsection 8 of section 57-40.6-14 of the North
  Dakota Century Code, relating to emergency services communication systems.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 57-40.6-01 of the North Dakota Century Code is
  amended and reenacted as follows:
      57-40.6-01. Definitions.
      In this chapter, unless the context otherwise requires:
     1.   "911 system" means a set of networks, software applications, databases, call
          answering components, and operations and management procedures required to
          provide 911 services.
     2.   "911 system service provider" means an entity that provides the systems and support
          necessary to enable 911 calling for one or more public safety answering points in a
          specific geographic area. A 911 system service provider may provide the systems and
          support for either enhanced 911 or next generation 9-1-1.
     3.   "Assessed communications service" means a software service, communication
          connection, cable or broadband transport facilities, or a combination of these facilities,
          between a billed retail end user and a service provider's network that provides the end
          user, upon contacting 911, access to a public safety answering point through a
          permissible interconnection to the dedicated 911 network. The term includes
          telephone exchange access service, wireless service, and voice over internet protocol
          service.
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    3.4.   "Automated notification system" means that portion of a telecommunications system
           that provides rapid notice of emergency situations to the public.
    4.5.   "Commissioner" means the state tax commissioner.
    5.6.   "Communication connection" means a telephone access line, wireless access line,
           unique voice over internet protocol service connection, or functional equivalent
           uniquely identifiable by a number, internet address, or other designation.
    6.7.   "Consumer" means a person who purchases prepaid wireless service in a retail
           transaction.
    7.8.   "Emergency services communication system" means a comprehensive statewide or
          countywide system, which provides rapid public access for coordinated dispatching of
          public safety services. The system includes a 911 system or radio system.
   8.9.   "FCC order" means federal communications commission order 94-102 [961 Federal
          Register 40348] and any other FCC order that affects the provision of wireless
          enhanced 911 service.
  9.10.   "Prepaid wireless emergency 911 fee" means the fee that is required to be collected
          by a seller from a consumer in the amount established under section 57-40.6-14.
 10.11.   "Prepaid wireless service" means any telecommunications service that provides the
          right to use a mobile wireless service as well as other nontelecommunications
          services, including the download of digital products delivered electronically, content
          and ancillary services, which are paid for in advance and sold in predetermined units
          or dollars which decline with use in a known amount.
 11.12.   "Prepaid wireless service provider" means any person that provides prepaid wireless
          telecommunications service pursuant to a license issued by the federal
          communications commission.
 12.13.   "Public safety answering point" or "PSAP" means a communications facility or
          combination of facilities which first receives 911 calls from persons in a 911 service
          area and which, as appropriate, may directly dispatch public safety services or extend,
          transfer, or relay 911 calls to appropriate public safety agencies.
 13.14.   "Public safety answering point service area" means the geographic area for which a
          public safety answering point has dispatch and emergency communications
          responsibility.
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  14.15.   "Public safety services" means personnel, equipment, and facilities used by law
           enforcement, fire, medical, or other supporting services used in providing a public
           safety response to an incident.
  15.16.   "Public safety telecommunicator" means an individual whose primary full-time or
           part-time duties are receiving, processing, and transmitting public safety information
           received through an emergency services communication system.
  16.17.   "Radio system" means a set of networks, software applications, databases, radio
           components and infrastructure, and operations and management procedures required
           to provide communication services.
 17.18.   "Retail transaction" means the purchase of prepaid wireless service from a seller for
          any purpose other than resale.
 18.19.   "Seller" means a person who sells prepaid wireless services to a consumer.
 19.20.   "Subscriber service address" means, for purposes of wire linetelephone exchange
          access service and voice over internet protocol service subscribers, the address
          where the telephone subscriber's wire line telephonecommunication device is used
          and, for purposes of wireless subscribers, the place of primary use, as that term is
          defined in section 57-34.1-02.
 20.21.   "Telephone access line" means the principal access to the telephone company's
          switched network, including an outward dialed trunk or access register.
 21.22.   "Telephone exchange access service" means service to any wire line telephone
          access line identified by a unique telephone number that provides local wire line
          access to the telecommunications network to a service subscriber and which enables
          the subscriber to access the emergency services communications system by dialing
          the digits 9-1-1 on the subscriber's telephone device.
 22.23.   "Unpublished" means information that is not published or available from directory
          assistance.
 23.24.   "Voice over internet protocol service" means a service that enables real-time two-way
          voice communications; requires a broadband connection from the user's location;
          requires internet protocol-compatible customer premises equipment; and permits
          users generally to receive calls that originate on the public switched telephone network
          and to terminate calls to the public switched telephone network.
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  24.25.   "Wireless access line" means each active wireless and prepaid wireless telephone
           number assigned to a commercial mobile radio service subscriber, including end users
           of resellers.
  25.26.   "Wireless enhanced 911 service" means the service required to be provided by
           wireless service providers pursuant to the FCC order.
  26.27.   "Wireless service" means commercial mobile radio service as defined in 47 U.S.C.
           332(d)(1) and includes:
           a.   Services commonly referred to as wireless; and
           b.   Services provided by any wireless real-time two-way voice communication
               device, including radio-telephone communications used in:
               (1)   Cellular telephone service;
               (2)   Personal communications service; or
               (3)   The functional or competitive equivalent of a radio-telephone
                     communications line used in cellular telephone service, personal
                     communications service, or a network radio access line.
 27.28.   "Wireless service provider" means any entity authorized by the federal
          communications commission to provide wireless service within this state.
     SECTION 2. AMENDMENT. Section 57-40.6-05 of the North Dakota Century Code is
 amended and reenacted as follows:
     57-40.6-05. Restriction on use of fee proceeds.
     The governing body mayshall use the proceeds of the fee imposed under section
 57-40.6-02 solely for implementing, maintaining, or operating the emergency services
 communication system and may enter into agreements to effectuate the samein accordance
 with guidelines established by the emergency services communications coordinating committee
 under duties identified in section 57-40.6-12. The governing body or its designee shall deposit
 the fee proceeds in a separate fund and keep records to show all expenditures from the fee
 proceeds.
     SECTION 3. AMENDMENT. Section 57-40.6-06 of the North Dakota Century Code is
 amended and reenacted as follows:
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      57-40.6-06. Database.
      Any telephone exchange accessassessed communications service provider providing
  emergency 911 service and whose subscriber's service addresses are provided to a public
  safety answering point upon delivery of a 911 call shall provide current customer names,
  addresses, and telephone numbers to each emergency services communication system
  coordinator, the coordinator's designee, or public safety answering point within each 911
  system. Information provided under this section must be provided in accordance with the
  transactional record disclosure requirements of the federal Electronics Communications Privacy
  Act of 1986, 18 U.S.C. 2703(c)(1)(B)(iii), and in a manner that identifies the names and
 telephone numbers that are unpublished. The provider shall report database information
 regarding new service or a change of service within two business days of the actual service
 change unless a longer period is permitted by the jurisdiction. The provider shall report
 database information regarding dropped service at least monthly.
     SECTION 4. AMENDMENT. Subsection 3 of section 57-40.6-07 of the North Dakota
 Century Code is amended and reenacted as follows:
     3.   A record obtained by a public safety answering point for the purpose of providing
          services in an emergency which reveals personal information or the identity,
          addresslocation, or telephone number of a person requesting emergency service or
          reporting an emergency is exempt from section 44-04-18 and may be redacted from
          the record before it is released.
     SECTION 5. AMENDMENT. Subsection 3 of section 57-40.6-10 of the North Dakota
 Century Code is amended and reenacted as follows:
     3.   An emergency services communication system coordinator shall:
          a.   Ensure that address and mapping data is updated in the emergency services
               communication system database and mapping system within thirty days of
               receipt of notice or request for change;
          b.   Provide for a complete annual review of the emergency services communication
               system land line911 database by obtaining current records from the appropriate
               telecommunications companies911 system service provider;
          c.   Maintain the law enforcement, fire, and emergency medical service response
               boundaries for the public safety answering point service area; and
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           d.   Ensure that the dispatch protocols for emergency service notifications are
                documented and communicated with all law enforcement, fire, and emergency
                medical services.
     SECTION 6. AMENDMENT. Subsection 4 of section 57-40.6-10 of the North Dakota
  Century Code is amended and reenacted as follows:
      4.   A public safety answering point must:
           a.   Be operational twenty-four hours a day seven days a week or be capable of
                transferring emergency calls to another public safety answering point meeting the
                requirements of this section during times of nonoperation.
          b.   Be staffed continuously with at least one public safety telecommunicator who is
               on duty at all times of operation and who has primary responsibility for handling
               the communications of the public safety answering point.
          c.   Have the capability to dispatch public safety services to calls for service in the
               public safety answering point's service area.
          d.   Have two-way communication with all public safety services in the public safety
               answering point's service area.
          e.   As authorized by the governing committee, accessAccess and dispatch poison
               control, suicide prevention, emergency management, and other public or private
               services but may not accept one-way private call-in alarms or devices as 911
               calls.
          f.   Dispatch the emergency medical service that has been determined to be, when
               available, the quickest to arrive to the scene of medical emergencies regardless
               of city, county, or district boundariesemergency medical service as predetermined
               by the emergency services communications system coordinator. If the
               predetermined emergency medical service is not available, the public safety
               answering point shall dispatch a secondary emergency medical service, based
               on the best available information at the time. The state department of health shall
               provide public safety answering points with the physical locations of the
               emergency medical services necessary for the implementation of this
               subdivision.
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           g.   Be capable of providing emergency medical dispatch prearrival instructions on all
                emergency medical calls. Prearrival instructions must be offered by a public
                safety telecommunicator who has completed an emergency medical dispatch
                course approved by the division of emergency health services. Prearrival medical
                instructions may be given through a mutual aid agreement.
           h.   Have security measures in place to prevent direct physical public access to
                on-duty public safety telecommunicators and to prevent direct physical public
                access to any room or location where public safety answering point equipment
                and systems are located.
          i.   Have an alternative source of electrical power that is sufficient to ensure at least
               six hours of continued operation of emergency communication equipment in the
               event of a commercial power failure. A public safety answering point also must
               have equipment to protect critical equipment and systems from irregular power
               conditions, such as power spikes, lightning, and brownouts. Documented testing
               of backup equipment must be performed each quarter under load.
          j.   Maintain a written policy for computer system security and preservation of data.
          k.   Have the capability of recording and immediate playback of recorded emergency
               calls and radio traffic.
          l.   Employ a mechanism to differentiate emergency calls from other calls.
         m.    Provide assistance for investigating false or prank calls.
          n.   Have an alternative method of answering inbound emergency calls at the public
               safety answering point when its primary emergency services communication
               system equipment is inoperable.
          o.   No later than July 1, 2015, haveHave a written policy, appropriate agreements,
               and the capability to directly answer emergency calls and dispatch responders
               from a separate, independent location other than the main public safety
               answering point or another public safety answering point meeting the
               requirements of this section, within sixty minutes of an event that renders the
               main public safety answering point inoperative. This alternative location must
               have independent access to the public safety answering point's land line911
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                system database. The capability of transferring emergency calls to this alternative
                location must be tested and documented annually.
           p.   Remain responsible for all emergency calls received, even if aduring the initial
                transfer of thea call is made to