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Delaware General Assembly· HB 468Signed

Next Generation 911/Updating System, the official text

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SPONSOR: Rep. Bush & Rep. D. Short & Sen. Poore
                                                                                 Reps. Berry, Cooke, Ortega; Sens. Wilson, Hoffner

                                         HOUSE OF REPRESENTATIVES
                                           153rd GENERAL ASSEMBLY

                                         HOUSE BILL NO. 468

    AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO EMERGENCY SERVICES.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members
    elected to each house thereof concurring therein):

1   Section 1. Amend Chapter 100, Title 16 of the Delaware Code by making deletions as shown by strike through and

2 insertions as shown by underline as follows and by redesignating accordingly:

3   Chapter 100. 911-ENHANCED 911 EMERGENCY NUMBER SERVICE

4   § 10001. Purpose.

5   The purpose of this chapter is to establish an integrated and effective wireline and wireless 911-Enhanced

6 Emergency Number Service 911 system throughout this State in order to improve and/or and enhance emergency

7 communication procedures. procedures and delivery of 911 services.

8   § 10002. Definitions.

9   As used in this chapter:

10  (1) “911 dispatcher” means a first responder working in any 911 dispatch center who is responsible for

11  responding to calls for emergency and nonemergency assistance and dispatching law enforcement, fire-fighting, fire,

12  rescue, or emergency medical units.

13  (2) “911 Emergency Report Center” means any facility which maintains a 911 telephone call-in feature for the

14  Enhanced System.

15  (3) “911-Enhanced Emergency Reporting System” means a system capability to identify automatically the

16  geographical location and the calling number of the telephone being used by the caller and to provide a display of the

17  location information on 911 Emergency Reporting Center. 911-Enhanced System includes, but is not necessarily

18  limited to the following features: Automatic number identification, automatic location identification, fixed transfer,

19  selective routing, alternate routing and forced disconnect.

20  (4) “911-Enhanced Emergency Reporting System capability” shall mean the network and database functions

21  required to ensure that both the 911 call and the information identifying the telephone number of the caller and

22  associated geographic location of the caller are automatically and simultaneously forwarded to the public safety

23  answering point.

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24  (2) “911 call” means a request for emergency assistance from the public by dialing 911 or addressing the

25  ESInet regardless of the technology used, and may include voice, text, images, and video, whether originated by

26  wireline, wireless, satellite, or other means.

27  (3) “911 system” means an emergency communications system that:

28                a. Enables the user of a communications service connection to reach a public safety answering point by

29  accessing 911. A communication service connection includes a telephone, computer, or commercial mobile radio

30  service, interconnected voice over internet protocol service, or other data communications service connection that

31  transmits data exclusively, such as text messaging.

32                b. Provides for 911 services dispatch by public safety answering points.

33  (5) (4) “Board” or “E911 Board” means the Enhanced 911 Emergency Reporting System Service Board.

34  (5) “Computer Aided Dispatch System” or “CAD” means a software platform that efficiently manages calls,

35  dispatches resources, and tracks incidents in real time.

36  (6) “Commission” shall mean means the Public Service Commission.

37  (7) “E-911 state plan” means a document to be prepared, maintained and kept current by the Board regarding

38  the operation, maintenance, upgrading and funding of a statewide-integrated E-911 system.

39  (8) (7) “Emergency medical dispatch (EMD) center” shall mean means any dispatch center that receives 911

40  calls requesting emergency medical assistance, processes those calls, or dispatches emergency medical service

41  resources.

42  (8) “Emergency Services Internal Network” or “ESInet” means a 911 call delivery system.

43  (9) “FCC E-911 order” means all orders issued by the Federal Communications Commission pursuant to the

44  proceeding entitled “Revision of the Commission’s Rules to Ensure Compatibility with Enhanced 911 Emergency

45  Calling Systems” (CC Docket No. 94-102; RM-8413), or any successor proceeding, regarding the delivery of wireless

46  automatic number identification and wireless automatic location information as of the dates and according to the other

47  criteria established therein.

48  (10) “Fund” means the 911 Emergency Reporting System Service Fund created by Chapter 101 of this title.

49  (11) “Next generation 911” or “NG911” means a digital, internet protocol-based (IP-based) system that uses

50  Next Generation 911 technology.

51  (12) “Next generation 911 technology” means equipment, products, or services that enable a PSAP to receive

52  calls for emergency assistance by voice, text, video, internet protocol, or other technology authorized by federal law,

53  regulation, or industry standard. The term includes any new technology with the same or similar functionality.

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54               (11) (13) “Provider” shall mean means a telecommunications service provider, including a wireless provider,

55  any other provider that is required to or opts to provide 911 service, or any intermediate entity or pass through agent

56  providing telecommunications services.

57               (12) (14) “Public safety answering point” or “PSAP” shall have the same meaning as “911-Enhanced Report

58  Center.” means any communications facility designated by the Board that receives and answers 911 voice and data

59  communications.

60               (13) (15) “Secretary” shall mean means the Secretary of the Department of Safety and Homeland Security.

61               (14) (16) “Wireless automatic location information” means the delivery or receipt of the approximate

62  geographic location, as specified in the FCC E-911 Order, of the wireless device being used to place a call to a 911

63  system or to a wireless E-911 system.

64               (15) (17) “Wireless automatic number identification” means the delivery or receipt of the telephone number

65  when available assigned to the wireless device being used to place a call to a 911 system or to a wireless E-911 911

66  system.

67               (16) (18) “Wireless E-911 911 service” means enhanced 911 service provided by a wireless provider, pursuant

68  to the FCC E-911 911 order.

69               (17) “Wireless E-911 state plan” or “wireless plan” means a document to be prepared, maintained and kept

70  current by the Board providing for all aspects of the development, implementation, operation and maintenance of a

71  statewide wireless E-911 system, including the exclusive authority to approve wireless provider service agreements,

72  advise regarding technical standards, formulate technical plans and determine permitted uses of and amounts disbursed

73  from the 911-Enhanced Emergency Reporting Fund to wireless carriers as of January 1, 2002, pursuant to § 10104 of

74  this title.

75               (18) “Wireless E-911 system” means an E-911 system which permits wireless service users dialing 911 to be

76  connected to a public safety answering point for the reporting of police, fire, medical or other emergency situations and

77  which permits the wireless number identification and/or associated location information to be automatically forwarded

78  at the same time to the public safety answering point.

79               (19) “Wireless provider” means a person engaged in the business of providing wireless service to end-use

80  customers and resellers of such service in this State or commercial mobile radio service providers as defined by the

81  Federal Communications Commission.

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82             (20) “Wireless service” means commercial mobile radio service as defined under §§ 3(33) and 332(d) of the

83   Communications Act of 1934 [47 USC §§ 153(33) and 322(d)], as amended by the federal Telecommunications Act of

84   1996 (47 U.S.C. § 151 et seq.).

85             (21) “Wireless service customer” means a person who is billed by a wireless provider for wireless service

86   within the State.

87             (22) “Wireline” means telecommunications service provided in part over fixed physical access facilities, such

88   as wires and cables, between residences or businesses and a telephone company switching office.

89   § 10003. Establishment of 911-Enhanced Emergency Reporting the 911 System.

90   There is hereby established a centralized statewide 911-Enhanced Emergency Reporting 911 System whereby all

91 911 Emergency Report Centers PSAPs in this State shall be equipped with and/or and maintain a 911-Enhanced Emergency

92 Reporting System by January 1, 1989. 911 system that uses next generation 911 technology or other technologies adopted

93 by the Board.

94   § 10004. Authority of the Public Service Commission.

95   (a) The Commission shall require all telegraph corporations, telephone corporations corporations, or any

96 corporation supplying wireline telephone service within this State to provide a 911-Enhanced Emergency Reporting 911

97 System capability to every 911 Emergency Reporting Center. PSAP.

98   (c) The Public Service Commission shall review telephone rates charged by any provider which as of June 1,

99 2001, had E-911 911 costs embedded in such rates and shall assure that such rates are adjusted as of January 1, 2002, to

100 account for the removal of the embedded costs from them.

101  (e) A committee to review the need for a 3-digit number for public safety purposes is hereby established consisting

102 of the following:

103            (1) A representative from the Department of Safety and Homeland Security appointed by the Secretary of

104  Safety and Homeland Security.

105            (2) A representative from the State Fire Prevention Commission appointed by the Chair of the Commission.

106            (3) A representative from the Delaware Volunteer Firefighter’s Association appointed by the President of the

107  Association.

108            (4) A representative from the Delaware State Police appointed by the Superintendent of State Police.

109            (5) A representative from the Delaware State Police Chief’s Council appointed by the Chairperson of the

110  Council.

111            (6) A representative from the Delaware 911 Users Group elected from its members.

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112  (7) A representative appointed by the Governor.

113  (f) The Committee established under subsection (e) of this section shall select a chair from its members and review

114 the use of such the numbers upon request. The committee by majority vote shall either approve or disapprove the request,

115 and shall submit its recommendation to the Commission. The Committee shall conduct its meetings and hearings in accord

116 with the Freedom of Information Act, Chapter 100 of Title 29 of the Delaware Code.

117  § 10005. Enhanced 911 Emergency Reporting System Service Board.

118  (a) There is hereby established an Enhanced the 911 Emergency Reporting System Service Board.

119  (b) The Board shall act in an advisory capacity to the Governor, the Secretary Secretary, and the General

120 Assembly on all matters related to the E-911 911 system, service service, and funding thereof.

121  (e) The Department of Safety and Homeland Security shall provide administrative support to the Board and may

122 seek reimbursement from the Fund for reasonable costs incurred with administering the Board and Fund. The Secretary

123 must appoint and fix the salary of the 911 Director. The Director must serve as the Board’s administrative officer and is

124 responsible for administering, directing, and managing the affairs and business of the 911 system on behalf of the Board.

125  (f) The Board’s duties and responsibilities shall include the following. following:

126  (1) The Board shall develop and adopt a comprehensive E-911 state plan by February 1, 2004, which shall

127  cover a period of not less than 3 years and which shall include a wireless E-911 state plan. The plan shall be reviewed,

128  updated and prioritized on an annual basis. must monitor trends in communications service technology utilized for the

129  delivery of 911 services and develop strategies for future enhancements to the State’s 911 system.

130  (2) No later than March 1 of each year, beginning in 2002, the Board shall provide an annual report to the

131  Governor, Secretary, Department of Technology and Information, or its successor agency, and General Assembly,

132  which shall, at a minimum, include a summary of the progress on the wireless E-911 system, an evaluation of the E-

133  911 system as a whole, the capital improvements and expenditures proposed for the upcoming fiscal year, expected

134  revenues from the surcharges in the next fiscal year, and a summary of the revenues and expenses for the prior fiscal

135  year. In no event shall the proposed annual expenses associated with the E-911 system exceed the anticipated annual

136  revenues of the Fund. The Board must coordinate, adopt, and communicate all necessary technical and operation

137  standards and requirements to ensure an effective statewide interconnected NG911 network.

138  (3) The Board shall develop, evaluate, establish, recommend and adopt a wireless E-911 state plan pursuant to

139  the FCC E-911 order. The wireless plan shall cover a period of not less than 3 years and shall provide for the

140  systematic deployment of wireless E-911 service across the State. must administer the 911 Fund and distribute revenue

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141  from the Fund in accordance with this title, including to use the Fund to pay obligations the Board incurs for statewide

142  911 projects.

143  (4) The Board shall conduct a public meeting in each of the 3 counties in this State prior to the adoption of the

144  E-911 state plan and the wireless E-911 state plan. Board, through the Department of Safety and Homeland Security,

145  must serve as the exclusive contracting agent for the statewide 911 system, and must make and enter into cooperative

146  purchasing agreements, contracts, and other agreements for professional, material, and non-professional services

147  necessary or incidental to a statewide centralized 911 system. PSAPs may procure ancillary or additional programs and

148  equipment to supplement the statewide system.

149  (5) When the wireless E-911 state plan is fully implemented, the Board shall insure that wireless service in all

150  communities is or can be selectively routed to one or more public safety answering points. The Board must establish

151  efficient procurement processes to better enable the State to obtain the highest quality goods, materials, and services at

152  the best possible price.

153  (6) The Board shall conduct a comprehensive review of the entire E-911 system no later than November 15,

154  2004, and every 3 years thereafter, and make a written report on its findings and recommendations regarding the

155  adequacy of the system, service thereunder, and funding to the Governor, Secretary, Department of Technology and

156  Information, or its successor agency, and General Assembly. The Board is authorized to retain the services of

157  professionals, as needed, to assist it in its duties under this subsection. The Board must determine and establish the

158  number and location of PSAPs within the State. There may not be more than 9 total PSAPs authorized in the State. All

159  PSAPs in operation as of [the effective date of this Act] must be grandfathered in and may continue to operate. In the

160  event that a grandfathered PSAP ceases operations, or is otherwise closed, it may not be replaced, and the total number

161  of authorized PSAPs shall be reduced accordingly.

162  (7) The Board must provide an annual report to the Governor, Secretary, Department of Technology and

163  Information, the Chief Clerk of the House, the Secretary of the Senate, and the Director and Librarian of the Division

164  of Research, no later than March 1 of each year that must contain, at a minimum, the following:

165                 a. A summary of the progress on the 911 system.

166                 b. An evaluation of the 911 system as a whole.

167                 c. The capital improvements and expenditures proposed for the upcoming fiscal year.

168                 d. The expected revenues from the surcharges in the next fiscal year.

169                 e. A summary of the revenues and expenses for the prior fiscal year.

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170  (g) Actions by the Board shall be by require a majority vote of those present at Board meetings where a quorum

171 has been established. All voting shall be done in person and at regular or special meetings of the Board, except as provided

172 in subsection (c) of this section.

173  (h) The Board shall must work in concert with the Department of Safety and Homeland Security, providers,

174 emergency service providers, counties counties, and municipal governments offering 911 service and any other appropriate

175 department, agency agency, or committee focusing on statewide emergency service affected by the development and

176 maintenance of the E-911 911 System.

177  (i) The Board may exercise all powers and conduct such activities as are necessary in carrying out its

178 responsibilities under this chapter and Chapter 101 of this title.

179  (j) All providers as defined § 10002 of this title shall must officially designate a person to coordinate with, and

180 provide information to, the Board as required by the Board.

181  § 10006. Establishment of 911-Emergency 911 Emergency Medical Dispatch System.

182  (a) There is hereby established a statewide 911 Emergency Medical Dispatch (EMD) System whereby all 911

183 Emergency Report Centers PSAPs in this State providing emergency medical dispatch shall, through a contract with the

184 Department of Safety and Homeland Security Security, do all of the following:

185         (1) Provide systematized caller interrogation questions; systematized prearrival instruction; and use and

186  adhere to State EMD dispatch protocols matching the dispatchers evaluation of injury or illness severity with vehicle

187  response mode and configuration; configuration.

188         (2) Electronically collect data regarding calls for assistance and all times related thereto, EMD dispatch

189  protocol information, and ANI/ALI information; information.

190         (3) Measure all time increments in increments of seconds; seconds.

191         (4) Electronically transfer all required information collected to a central database maintained by OEMS on a

192  real time basis; basis.

193         (5) Use computerized case entry, case management and quality inspection software approved by OEMS;

194  OEMS.

195         (6) Have the capability of handling multiple (2 or more) calls simultaneously, including the ability to provide

196  prearrival instructions consistent with the medical protocols. This capability must exist 24 hours per day throughout the

197  entire year; and year.

198         (7) Have the capability to one-button transfer all data related to a call for medical assistance to the county

199  PSAPs and must utilize that capability. Specifically, when a local PSAP determines that a call for assistance requires

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200  ALS, an immediate one-button transfer of all data must be made to the county PSAP. The transferred data must include

201  the first call pickup time (time call received by local PSAP) and the time the local PSAP transferred the call to the

202  EMD.

203          (8) Be accredited by the National Academy of Emergency Medical Dispatch (NAEMD) by August 1, 2003.

204  Maintain accreditation by the National Emergency Number Association (NENA), National Association of Emergency

205  Medical Dispatch (NAEMD), and a certification in Emergency Fire Dispatch (EFD) and Emergency Police Dispatch

206  (EPD).

207          (9) Have the capability to transfer data by CAD to CAD.

208  (b) All 911 Emergency Report Centers in this state receiving 911 calls and transferring them to a center providing

209 emergency medical dispatch shall, through a contract with the Department of Safety and Homeland Security: [Repealed.]

210          (1) Electronically collect data regarding calls for assistance including all times related thereto and ANI/ALI

211  information;

212          (2) Measure all time increments in increments of seconds; and

213          (3) Have the capability to 1-button transfer all data related to a call for medical assistance to the county

214  PSAPs and must utilize that capability. The transferred data must include the first call pickup time (time call received

215  by local PSAP) and the time the local PSAP transferred the call to the EMD.

216  § 10007. Compliance with wireless E-911 service plan. [Repealed.]

217  After the Board has developed a wireless E-911 state plan consistent with the FCC E-911 order, all PSAPs and

218 wireless providers shall provide wireless E-911 service in accordance with the plan, unless granted an extension by the

219 Secretary or by any other operation of law. The Secretary shall have the power and authority to enforce compliance with the

220 wireless E-911 state plan and may adopt rules and regulations necessary to carry out such enforcement.

221  § 10008. Limitation of liability.

222  No person involved in the provision of E-911 or 911 service who in good faith receives, develops, collects or

223 processes information for the enhanced 911 data bases, relays, transfers, operates, maintains maintains, or provides

224 enhanced 911 services or system capabilities, or provides emergency telephone and radio communications for ambulance,

225 police and fire departments, shall be is liable for damages in any civil action for any act or omission that results in death,

226 injury injury, or loss to person or property unless such action or inaction constitutes gross negligence or an intentional tort.

227 This section shall be construed to include 911 service that utilizes in whole or in part Internet Protocol or other next

228 generation 911 technologies.

229  § 10009. Provider records.

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230  Pursuant to a nondisclosure agreement with the Board and only to the extent required to develop and implement

231 the wireline or wireless E-911 state plans or to accomplish any other lawful purpose directly related to the 911-Enhanced

232 Emergency Reporting System, 911 system, each provider shall must provide relevant information as requested in writing by

233 the Board relating to subscribers, provider specific revenues and expenses expenses, and automatic location information.

234 Such The information shall remain the exclusive property of the provider notwithstanding any other provision of law and,

235 shall and may not be disclosed by the Board except pursuant to the terms of the nondisclosure agreement with the provider.

236  § 10010. Confidentiality of information and release of information.

237  (a) Identifying information of provider subscribers, provider-specific revenues and expenses, trade secrets,

238 commercial information and other such information shall must be treated as confidential and, notwithstanding other

239 provisions of law, shall not be is not subject to public disclosure by the State or its representatives. The information made

240 available to the State, its representatives representatives, or providers of emergency services shall be used solely for

241 purposes of delivering or assisting in the delivery of E-911 911 emergency services or services that notify the public of an

242 emergency.

243  (b) No provider shall be is liable for releasing subscriber information, including private listing information, for

244 purposes of complying with the requirements of this chapter, Chapter 101 of this title title, or as otherwise required by law.

245  (c) Text and audio recordings of 911 calls are confidential and may not be disclosed except as provided in this

246 subsection. All 911 calls and information furnished in the call or investigative process are confidential and are exempt from

247 the Delaware Freedom of Information Act, Chapter 100 of Title 29. The Department of Safety and Homeland Security, or a

248 PSAP, may disclose confidential information in the following circumstances:

249             (1) To local, state, and federal emergency responders for purposes of processing calls and providing

250  emergency service.

251             (2) To persons within the 911 system to the extent necessary to implement and manage the 911 system.

252             (3) To criminal justice agencies, as defined in § 8502 of Title 11, for the purposes of the administration of

253  criminal justice related to a 911 call.

254             (4) To the Department of Safety and Homeland Security for the purposes of system maintenance and quality

255  control.

256             (5) In accordance with an order issued by a court of competent jurisdiction.

257  Section 2. Amend Chapter 101, Title 16 of the Delaware Code by making deletions as shown by strike through and

258 insertions as shown by underline as follows and by redesignating accordingly:

259  CHAPTER 101. ENHANCED 911 EMERGENCY REPORTING SYSTEM FUND

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260  Subchapter I. Creation of Fund; Administration; Disbursements

261  § 10101. Purpose.

262  The State shall create a special fund designated as the Enhanced 911 Emergency Reporting System Fund, which

263 shall be used to carry out the purposes of this chapter, pay the administrative expenses chargeable to the Fund, and to

264 reimburse the State, counties, local governments and providers of telecommunications services in this State for costs

265 associated with the E-911 Emergency Reporting System. 911 system.

266  § 10102. Definitions.

267  As used in this chapter:

268          (1) “911 Emergency Report Center” shall have the same meaning assigned to such term in § 10002 of this

269  title.

270          (2) (1) “911-Enhanced Emergency Reporting System” “911 system” shall have the same meaning assigned to

271  such term by means as defined in § 10002 of this title.

272          (3) (2) “Board” shall mean the Enhanced 911 Emergency Reporting System Service Board. means as defined

273  in § 10002 of this title.

274          (4) (3) “Business telephone service” shall mean means network access telephone service where the use of

275  such service is primarily for business purposes.

276          (5) (4) “FCC E-911 911 order” shall have the same meaning assigned to such term means as defined in § 

277  10002 of this title.

278          (6) (5) “Fund” shall mean means the 911 Emergency Reporting System Fund created by this chapter.

279          (7) (6) “Provider” shall have the same meaning assigned to such term means as defined in § 10002 of this

280  title.

281          (8) (7) “Residential telephone service” shall mean means network access telephone service where the use of

282  such service is primarily for social or domestic purposes.

283          (9) (8) “Secretary” shall mean means the Secretary of the Department of Safety and Homeland Security.

284          (10) “System” shall mean a 911-Enhanced Emergency Reporting System.

285          (11) (9) “Wholesale services” shall mean means services that a provider furnishes to another provider, rather

286  than to end-use customers.

287          (12) “Wireless E-911 state plan” shall have the same meaning assigned to such term in § 10002 of this title.

288          (13) (10) “Wireless provider” shall have the same meaning assigned to such term means as defined in § 

289  10002 of this title.

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290  (14) (11) “Wireless service” shall have the same meaning assigned to such term means as defined in § 10002

291  of this title.

292  § 10103. E-911 Emergency Reporting 911 System Fund.

293  (a) The Fund shall be funded by means of a monthly surcharge of 60 cents per month until September 30, 2026.

294 Beginning on October 1, 2026, The the Fund shall be funded by means of a monthly surcharge of up to 60 90 cents per

295 month month, increased by 10 cents every 2 years thereafter with a cap of $2.00 per month, imposed by providers on

296 subscribers of telecommunications services in this State as follows. follows:

297  (1) Residential telephone service. — The surcharge shall be imposed by each provider providing such service

298  on all Delaware residential subscribers per residence exchange access line or per Basic Rate Interface (“BRI”) ISDN

299  arrangement, where the residence exchange access service is provided via a BRI ISDN arrangement. The surcharge

300  shall not be applied to residence exchange access lines provided to Lifeline subscribers.

301  (2) Business telephone service. — The surcharge shall be imposed by each provider providing such service on

302  all Delaware business subscribers per business exchange access line and trunk or per BRI ISDN arrangement where the

303  business exchange access service is provided via a BRI ISDN arrangement. Each Centrex access line shall be charged

304  the equivalent of 1/9 of the surcharge; provided, however, that where a Centrex customer has fewer than 9 lines, the

305  maximum monthly charge for those lines will be the surcharge imposed on each business exchange access line or trunk

306  divided by the customer’s Centrex lines. Each Primary Rate Interface ISDN system shall be charged a rate equal to 5

307  times the surcharge. The surcharge shall not be applied to lines provided under wholesale arrangements.

308  (3) Wireless service. — The surcharge shall be imposed by each wireless provider on all wireless service

309  customers for each wireless telephone number for which they are billed by such provider.

310  (4) Nontraditional communication services. — The surcharge shall be imposed by each provider of

311  nontraditional communications service on subscribers of such services where such provider is required to or opts to

312  provide 911 service.

313  (g) Each provider collecting such surcharges shall be entitled to recover the actual incremental costs of billing,

314 collecting and remitting such surcharges, as well as the costs of compliance with any memorandum of understanding as

315 described in subsection (h) of this section, through a credit against them. This cost is defined as the additional incremental

316 expense incurred by the provider that is in addition to the normal expense of billing and collecting the charges for the

317 provision of the provider’s normal telephone service. Where moneys collected by the provider are equal to or less than the

318 total charge for the telephone service provided to subscribers or customers by that provider, not including the surcharge, all

319 moneys collected will be applied to the charges for the actual telephone service provided. [Repealed.]

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320  (h) Each provider collecting such surcharges shall not be responsible for uncollectable surcharges. The State may

321 also enter into a memorandum of understanding with each provider which shall include, but need not be limited to, the

322 terms related to the collection and distribution of funds pursuant to this chapter and provide for reporting to the Board the

323 names and addresses of subscribers that fail to pay the surcharge. However, nothing in this chapter shall be construed to

324 prevent the State or the Board from taking appropriate actions to collect such surcharges designated by a provider as

325 uncollectable. [Repealed.]

326  § 10104. Disbursements from the Fund.

327  (a) Disbursements from the Fund shall be made for the following purposes. purposes:

328  (1) Nonrecurring costs, including but not limited to costs for purchasing and installing the customer premises

329  terminal equipment (“CPE”) required to establish or upgrade public safety answering points, purchasing E-911 911

330  network equipment or upgrading equipment as required to ensure proper functioning of the E-911 911 service and

331  related software, developing wireless data bases, and initial training in the use of CPE equipment.

332  (2) Recurring costs, including but not limited to costs for network access fees and other telephone charges,

333  software, equipment, data base management, maintenance and improvement, public education, language translation

334  services, ongoing training in the use of CPE equipment, and network and equipment maintenance.

335  (3) Expenses of the Board and the Department of Safety and Homeland Security incurred under this chapter

336  for the purposes of administering the Fund and expenses incurred in connection with the Board’s responsibilities under

337  Chapter 100 of this title.

338  (4) Expenses of the Board for its obligations under the contracts and agreements necessary or incidental to the

339  performance of its powers and duties.

340  (b) Each county shall receive an amount from the Fund equal to $0.50 per month, less the costs identified in § 

341 10103(g) of this title, for each residence exchange access line or residential Basic Rate Interface (“BRI”) ISDN

342 arrangement from which the monthly surcharge is collected in that county or the amount received by that county in calendar

343 year 2000 from telephone providers from E-911 surcharges, whichever is greater. Disbursements from the Fund shall be

344 made to the counties by the fifteenth day of the month following the month in which the wireline residential surcharges are

345 deposited into the Fund by the provider. The amount disbursed to a county for any calendar year shall be subject to a true

346 up at the end of the such year to reflect the amount received by the county in calendar year 2000 from E-911 surcharges but

347 only in the event that such amount is greater than the amount disbursed from the Fund to the county in the current calendar

348 year. The counties shall use these revenues to offset the costs incurred by them in connection with the administration,

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349 staffing, street addressing, necessary capital equipment, and training necessary to support the provision of E-911 emergency

350 reporting service. Costs incurred shall be verified by an annual audit as directed by the Board.

351           (b) A monthly disbursement from the Fund must be made to each PSAP. The Board may reduce, suspend, or

352 terminate disbursements under this section if a PSAP does not comply with the requirements of this chapter or provide 911

353 service.

354           (1) Beginning on January 1, 2027, the total monthly disbursement to the PSAPs will be one-quarter of the

355  monthly surcharges deposited into the Fund by providers. The Board must establish a funding formula to determine

356  each PSAP’s share of the monthly disbursement. The funding formula must be based on the following factors:

357                 a. The number of billing addresses associated with any monthly surcharges collected during calendar year

358           2025 from any of the following services:

359                 1. Residence exchange access lines.

360                 2. Residential BRI ISDN arrangements.

361                 3. Wireless phone numbers.

362                 b. Any other information the Board considers relevant.

363           (2) The Board must recalculate and publish the funding formula to all PSAPs on January 1, 2032, and every

364  five years thereafter. The funding formula must be based on the following factors:

365                 a. The number of billing addresses associated with any monthly surcharges collected during calendar year

366           2030, and every five years thereafter, from any of the following services:

367                 1. Residence exchange access lines.

368                 2. Residential BRI ISDN arrangements.

369                 3. Wireless phone numbers.

370                 b. Any other information the Board considers relevant.

371           (3) If the total amount of money in the Fund is insufficient to pay the monthly disbursements to the PSAPs

372  under this section at any given time, each PSAP shall receive a pro rata share of their monthly disbursement at that

373  time. Any remaining unpaid monthly disbursement must be carried forward for payment as soon as sufficient funds

374  become available.

375           (4) The Board may not distribute less than $2,500,000 per year in total disbursements to the PSAPs, provided

376  that the total amount of money in the Fund is sufficient to pay the disbursements in subsection (a) of this section.

377           (c) [Repealed.] The Board shall determine how revenue allocated to the Fund is used and is authorized to do any of

378 the following:

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379            (1) Make disbursements from the Fund as necessary to pay the Board’s expenses and obligations in carrying

380  out its functions and duties.

381            (2) Carry forward revenues for the purpose of establishing or maintaining statewide 911 initiatives.

382            (3) Make disbursements to a PSAP above the monthly disbursement to meet eligible costs. In determining

383  additional disbursements under this paragraph, the Board may consider the population of the area served by the PSAP,

384  the PSAP’s operations and compliance with the operating standards set by the Board, the level of service the PSAP

385  delivers dispatching first responders, and any other information the Board considers relevant. A PSAP may request

386  consideration of an eligible expense or statewide initiative in the form and manner prescribed by the Board.

387  (d) Disbursements may not be made used for:

388            (1) Personnel costs for public safety answering points, except as set forth in subsection subsection (b) and

389  paragraph (c)(3) of this section.

390            (2) Construction, purchase, renovation renovation, or furnishings for real estate to house public safety

391  answering points, except as set forth in subsection (b) of this section.

392            (3) Vehicles, including ambulances, fire engines engines, or other emergency vehicles, associated equipment,

393  equipment, and utilities. utilities, with the exception of 911 communications equipment within a mobile command

394  vehicle.

395            (4) Two-way radios. radios, with the exception of two-way radios used directly by a PSAP.

396            (5) Any interface or connectivity costs or expenses for any PSAP, political subdivision, or local government

397  within the State that opts out of using a good or service procured through any contract or agreement entered into by the

398  Board.

399  (e) Pro rata sharing of Fund amounts. — If the total amount of money in the Fund after paying the amounts due

400 to the counties under subsection (b) of this section is insufficient to pay reimbursable costs at any given time, each entity

401 requesting reimbursement shall receive a pro rata share of the total amount in the Fund at such time. Any remaining unpaid

402 reimbursable costs shall be carried forward for payment as soon as sufficient funds become available.

403  (f) (e) Providers may request reimbursement on a monthly basis, and payments from the Fund to providers shall be

404 made by the State Treasurer within 60 days of receipt of such request.

405  (g) (f) The annual expenditures from the Fund shall not exceed the annual revenues deposited into it.

406  (g) Any PSAP receiving disbursements or other allocation by the Board from the Fund must:

407            (1) Deposit disbursements from the Fund into a separate, dedicated bank account established solely for the

408  purpose of holding the funds. Under no circumstances shall these funds be commingled with any other accounts or

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409  monies. PSAPs must ensure that all disbursements, transfers, and accounting related to these funds are separately

410  tracked and documented to maintain full transparency and accountability.

411  (2) Use disbursements from the Fund to offset the costs incurred by the PSAP in connection with the

412  administration, staffing, street addressing, necessary capital equipment, and training necessary to support the provision

413  of 911 service and the operating standards of the Board.

414  (3) Not use disbursements from the Fund to purchase, contract for, or otherwise obtain services that compete

415  with, duplicate, or are intended to substitute the services procured or approved by the Board or for any disallowable

416  expense under subsection (c) of this section.

417  (4) Prepare and submit to the Board a detailed semiannual financial report on January 15 and July 15 of each

418  year. This report must include a full accounting of all revenues received from the Fund during the reporting period, and

419  all expenses incurred and paid from the Fund. The report must be in a form acceptable to the Board and supported by

420  appropriate documentation sufficient to verify the accuracy of the information provided.

421  (h) (1) An annual audit of the Fund shall be completed by an independent auditor to be designated by the Board.

422 An audit must be completed at least once every 3 years.

423  (2) The Board may audit PSAP financial records related to the use of funds provided under this chapter at any

424  time and costs incurred must be verified annually as directed by the Board. Upon request, a PSAP must promptly

425  provide a complete and accurate accounting of all revenues, expenditures, and supporting documentation for the

426  administration of this section. Failure to submit the required accounting or to comply with an audit request may result

427  in the reduction, suspension, or termination of disbursements under this chapter until such requirements are met to the

428  Board’s satisfaction.

429  (i) All PSAPs within the State must migrate their 911 operations to the Board-managed vendors no later than

430 December 31, 2027. The Board may reduce, suspend, or terminate disbursements or technical support to any PSAP that

431 has not transitioned to the Board-managed vendors after the migration date.

432  § 10106. Cyber incident.

433  In the event of a ransomware attack or other cybersecurity incident affecting the 911 system or related

434 infrastructure, the affected entity must immediately implement its emergency cybersecurity response plan and notify the

435 Board within 1 hour of discovery. The entity must take all reasonable steps to isolate affected systems, prevent further

436 spread, and preserve system logs and evidence for forensic review. The affected entity may not engage with or make

437 payment to the attacker without express written authorization from the Board and appropriate law enforcement agencies.

438 The entity must fully cooperate with the State’s cybersecurity team, law enforcement, and any designated third-party

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439 investigators during the incident response, recovery, and post-incident review. A written incident report detailing the nature

440 of the attack, actions taken, and corrective measures must be submitted to the Board within 10 business days of system

441 restoration. The Board may require additional reporting or security audits to ensure compliance with state cybersecurity

442 standards.

443           Section 3. Amend Subchapter II, Chapter 101, Title 16 of the Delaware Code by making deletions as shown by

444 strike through and insertions as shown by underline as follows:

445           § 10110. Definitions.

446           In addition to the definitions set forth in subchapter I of this chapter, the following definitions shall be are

447 applicable to this subchapter:

448             (2) “Prepaid wireless E911 911 surcharge” means the surcharge that is required to be collected by a seller

449  from a consumer in the amount established under § 10112 of this title.

450           § 10111. Imposition of charge.

451           (a) There shall be a prepaid wireless E911 911 surcharge on each retail transaction. The initial rate of the

452 surcharge shall be 60 90 cents per retail transaction. Any rate changes shall be implemented under the provisions of

453 subsection (f) of this section.

454           (b) The prepaid wireless E911 911 surcharge shall be collected by the seller from the consumer for each retail

455 transaction occurring in this State. The amount of the prepaid wireless E911 911 surcharge shall be either separately stated

456 on an invoice, receipt, or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the

457 consumer.

458           (c) For purposes of determining whether a retail transaction is subject to the prepaid wireless E911 911 surcharge,

459 any of the following transactions are deemed to occur in Delaware and are subject to the surcharge imposed under this

460 section:

461             (1) The retail transaction is effected in person by the consumer at a business location of the seller if that

462  business location is in Delaware; or Delaware.

463             (2) The prepaid wireless telecommunications service is physically delivered to a consumer at a Delaware

464  address provided to the seller; or seller.

465             (3) The seller’s records that are maintained in the regular course of business indicate that the consumer’s

466  address is in Delaware and the records are not kept or made in bad faith; or faith.

467             (4) The consumer gives a Delaware address during the consummation of the retail transaction, including the

468  customer’s payment instrument if no other address is available, and the address is not given in bad faith; or faith.

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469              (5) The consumer’s mobile telephone number is associated with a Delaware location.

470  (d) The prepaid wireless E911 911 surcharge is the liability of the consumer and not of the seller or of any prepaid

471 wireless provider, except that the seller shall remit all prepaid wireless E911 911 surcharges that the seller collects from

472 consumers as provided in this section, including all such surcharges that the seller is deemed to collect where the amount of

473 the surcharge has not been separately stated on an invoice, receipt, or other similar document provided to the consumer by

474 the seller.

475  (e) The amount of the prepaid wireless E911 911 surcharge that is collected by a seller from a consumer, if such

476 amount is separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller, shall

477 not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this State, any political

478 subdivision of this State, or any intergovernmental agency.

479  (f) The prepaid wireless E911 911 charge shall be proportionately increased or reduced, as applicable, upon any

480 change to rate of the surcharge as determined under the provisions of § 10103(a) of this title. Provided, however, that any

481 rate changes shall only be effective on the first day of the calendar quarter not less than 60 days after the Board provides

482 final notice of such rate change. The Division of Revenue shall provide not less than 30 days of advance notice of such

483 increase or reduction on the Division’s website.

484  § 10112. Administrative provisions.

485  (a) Prepaid wireless E911 911 surcharges collected by sellers shall be remitted to the Division of Revenue

486 quarterly on forms issued by the Director of Revenue and subject to such regulations and requirements as shall be

487 prescribed by the Director of Revenue.

488  (b) The Director of Revenue shall deposit remitted prepaid wireless E911 911 surcharges to the credit of the Fund

489 established under § 10103 of this title.

490  (c) The Division of Revenue shall establish procedures by which a seller of prepaid wireless telecommunications

491 service may document that a sale is a sale for resale transaction and not a retail transaction.

492  (d) To the extent practicable, the audit, appeal, and other administrative provisions of Chapters 3 and 5 of Title 30

493 shall apply to the administration of the prepaid wireless E911 911 surcharge.

494  (e) A seller shall be permitted to deduct and retain 3% of prepaid wireless E911 911 surcharges that are collected

495 by the seller from consumers.

496  § 10113. Liability; records; confidentiality.

497  (a) The provisions of §§ 10007, 10008, 10009, and 10010 and 10009 of this title shall apply to providers and

498 sellers of prepaid wireless telecommunications service.

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499  § 10114. Only permissible E911 911 surcharge on prepaid wireless service.

500  The prepaid wireless E911 911 surcharge imposed by this subchapter shall be the only E911 911 funding

501 obligation imposed with respect to prepaid wireless telecommunications service in this State, and no tax, fee, surcharge, or

502 other charge shall be imposed by this State, any political subdivision of this State, or any intergovernmental agency, for

503 E911 911 funding purposes, upon any prepaid wireless provider, seller, or consumer with respect to the sale, purchase, use,

504 or provision of prepaid wireless telecommunications service.

505  Section 4. Amend § § 10201A, Title 16 of the Delaware Code by making deletions as shown by strike through and

506 insertions as shown by underline as follows:

507  § 10201A. Definitions.

508  As used in this chapter:

509          (15) “Public safety answering point” means “911-Emergency Report Center” as defined in § 10002 of this

510  title.

                                                                         SYNOPSIS

               This Act modernizes Delaware’s emergency communications infrastructure by transitioning the State’s legacy
     Enhanced 911 (E911) system to a Next Generation 911 (NG911) system and updating the funding structure needed to
     support a statewide emergency communications network. Delaware’s current E911 system is funded through a monthly
     surcharge of $0.60 per telephone line, which has remained unchanged since 2001.

               This Act also authorizes periodic adjustments or scheduled increases in the surcharge to account for inflation,
     technological upgrades, and the growing operational costs associated with maintaining a modern emergency
     communications system.

               The transition to NG911 will allow Delaware’s public safety answering points (PSAPs) to support modern
     communications technologies, including text-to-911, multimedia communications, improved geolocation capabilities, and
     enhanced data sharing with first responders. These capabilities require significant upgrades to network infrastructure,
     cybersecurity protections, geographic information systems (GIS), and redundancy to ensure reliability during emergencies.

               Revenue generated by the updated surcharge structure will be deposited into the 911 System Fund and used for
     costs associated with planning, deploying, operating, and maintaining the statewide NG911 system. Eligible expenditures
     include network infrastructure, call handling equipment, software systems, cybersecurity protections, GIS data
     management, training of emergency communications personnel, and other costs necessary to operate a modern statewide
     emergency communications system.

               By establishing a sustainable funding mechanism and enabling the transition to NG911, this Act ensures that
     Delaware’s emergency communications system can meet current and future public safety needs, improve response times,
     and provide residents with access to modern emergency communication capabilities.

               Finally, this Act makes technical changes to existing statutory language to conform with the Delaware Legislative
     Drafting Manual.

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Every fact on this page links to its source, starting with the official bill record.