SENATE BILL 97132
BY SENATORS Reeves, Bishop, Hernandez, Johnson, Matsunaka, Pascoe, Phillips, Rupert, and Schroeder;
also REPRESENTATIVES Tucker, Bacon, Epps, Lawrence,
Mace, and Miller.
CONCERNING THE PROVISION OF EMERGENCY SERVICES VIA
TELEPHONE, AND, IN CONNECTION THEREWITH, PROVIDING A FUNDING MECHANISM
FOR WIRELESS 911 SERVICE AND GRANTING QUALIFIED IMMUNITY
TO PROVIDERS OF EMERGENCY TELEPHONE SERVICE.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
11 of title 29, Colorado Revised Statutes, 1986 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
2911100.5. Legislative
declaration provision of emergency service to wireless
service users. THE GENERAL ASSEMBLY HEREBY
FINDS AND DECLARES THAT DIALING 911 IS THE MOST EFFECTIVE
AND FAMILIAR WAY THE PUBLIC HAS OF SEEKING EMERGENCY ASSISTANCE.
THE AMENDMENTS TO THIS ARTICLE MADE IN SENATE BILL 97132,
ENACTED AT THE FIRST REGULAR SESSION OF THE SIXTYFIRST GENERAL
ASSEMBLY, ARE INTENDED TO PROVIDE A FUNDING MECHANISM FOR 911
AND ENHANCED 911 SERVICE FOR WIRELESS SERVICE USERS.
ENHANCED 911 PERMITS RAPID RESPONSE IN SITUATIONS
WHERE CALLERS ARE UNABLE TO RELAY THEIR PHONE NUMBER OR LOCATION.
PUBLIC SAFETY ANSWERING POINTS WILL NEED TO MAKE EXTENSIVE CHANGES
IN, AND ADDITIONS TO, EXISTING EQUIPMENT TO PROVIDE ENHANCED 911
SERVICE TO WIRELESS SERVICE USERS. TO DO SO, PUBLIC SAFETY ANSWERING
POINTS MUST HAVE THE RESOURCES TO PURCHASE AND UPDATE EQUIPMENT,
SOFTWARE, AND TRAINING. A MECHANISM FOR RECOVERY OF COSTS REASONABLY
INCURRED BY WIRELESS CARRIERS, SERVICE SUPPLIERS, AND BASIC EMERGENCY
SERVICE PROVIDERS IN THE ACQUISITION AND TRANSMISSION OF 911
INFORMATION TO PUBLIC SAFETY ANSWERING POINTS IS NECESSARY TO
ENSURE THAT WIRELESS SERVICE USERS RECEIVE THE SAME LEVEL OF 911
SERVICE AS WIRELINE SERVICE USERS. NOTHING IN THIS ARTICLE SHOULD
BE CONSTRUED TO ALTER THE METHOD OF REGULATION OR DEREGULATION
OF PROVIDERS OF TELECOMMUNICATIONS SERVICE AS SET FORTH IN ARTICLE
15 OF TITLE 40, C.R.S.
SECTION 2. 2911101
(1), (2), (7), (8), and (9), Colorado Revised Statutes, 1986 Repl.
Vol., are amended, and the said 2911101 is further
amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
2911101. Definitions.
As used in this article, unless the context otherwise requires:
(1) "Emergency
telephone charge" means a charge to pay the equipment costs,
the installation costs, and the directly related costs of the
continued operation of an emergency telephone service according
to the rates and schedules filed with the public utilities commission,
if applicable. "BASIC EMERGENCY
SERVICE PROVIDER" ("BESP") MEANS ANY PERSON AUTHORIZED
BY THE COMMISSION TO UNDERTAKE THE AGGREGATION AND TRANSPORTATION
OF 911 CALLS TO A PSAP.
(1.3) "COMMISSION" OR "PUBLIC
UTILITIES COMMISSION" MEANS THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO, CREATED IN SECTION 402101,
C.R.S.
(1.7) "EMERGENCY TELEPHONE CHARGE"
MEANS A CHARGE TO PAY THE EQUIPMENT COSTS, THE INSTALLATION COSTS,
AND THE DIRECTLY RELATED COSTS OF THE CONTINUED OPERATION OF AN
EMERGENCY TELEPHONE SERVICE ACCORDING TO THE RATES AND SCHEDULES
FILED WITH THE PUBLIC UTILITIES COMMISSION, IF APPLICABLE.
(2) "Emergency telephone service"
means a telephone system utilizing the single threedigit
number 911 911
for reporting police, fire, medical, or other emergency situations.
(6.5) "PUBLIC SAFETY ANSWERING POINT"
("PSAP") MEANS A FACILITY EQUIPPED AND STAFFED ON A
24HOUR BASIS TO RECEIVE AND PROCESS 911 CALLS.
(6.7) "RATES" MEANS THE RATES
BILLED BY A SERVICE SUPPLIER PURSUANT TO TARIFFS, PRICE LISTS,
OR CONTRACTS, WHICH RATES REPRESENT THE SERVICE SUPPLIER'S RECURRING
CHARGES FOR EXCHANGE ACCESS FACILITIES OR THEIR EQUIVALENT, EXCLUSIVE
OF ALL TAXES, FEES, LICENSES, OR SIMILAR CHARGES.
(7) "Service supplier" means
any person providing exchange telephone services AND ANY PERSON
PROVIDING TELECOMMUNICATIONS SERVICE VIA WIRELESS CARRIER to any
service user in this state, EITHER DIRECTLY OR BY RESALE.
(8) "Service user" means any
person who is provided exchange telephone service AND ANY PERSON
WHO IS PROVIDED TELECOMMUNICATIONS SERVICE VIA WIRELESS CARRIER
in this state.
(9) "Tariff
rates" means the rates billed by a service supplier as stated
in the service supplier's tariffs which rates have been approved
by the public utilities commission and which represent the service
supplier's recurring charges for exchange access facilities or
their equivalent, exclusive of all taxes, fees, licenses, or similar
charges.
(10) "TELECOMMUNICATIONS SERVICE"
HAS THE MEANING SET FORTH IN SECTION 4015102 (29),
C.R.S.
(11) "WIRELESS AUTOMATIC LOCATION
IDENTIFICATION" ("WIRELESS ALI") MEANS THE AUTOMATIC
DISPLAY, ON EQUIPMENT AT THE PSAP, OF THE LOCATION OF THE WIRELESS
SERVICE USER INITIATING A 911 CALL TO THE PSAP.
(12) "WIRELESS AUTOMATIC NUMBER IDENTIFICATION"
("WIRELESS ANI") MEANS THE MOBILE IDENTIFICATION NUMBER
OF THE WIRELESS SERVICE USER INITIATING A 911 CALL
TO THE PSAP.
(13) "WIRELESS COMMUNICATIONS ACCESS"
MEANS THE RADIO EQUIPMENT AND ASSIGNED MOBILE IDENTIFICATION NUMBER
USED TO CONNECT A WIRELESS CUSTOMER TO A WIRELESS CARRIER FOR
TWOWAY INTERACTIVE VOICE OR VOICECAPABLE SERVICES.
(14) "WIRELESS CARRIER" MEANS
A CELLULAR LICENSEE, A PERSONAL COMMUNICATIONS SERVICE LICENSEE,
AND CERTAIN SPECIALIZED MOBILE RADIO PROVIDERS DESIGNATED AS COVERED
CARRIERS BY THE FEDERAL COMMUNICATIONS COMMISSION IN 47 C.F.R.
20.18 AND ANY SUCCESSOR TO SUCH RULE.
SECTION 3. 2911102
(1) (b), (2), (3), and (7), Colorado Revised Statutes, 1986 Repl.
Vol., as amended, are amended to read:
2911102. Imposition of
charge liability of user for charge collection
uncollected amounts. (1) (b) If
the emergency telephone service is to be provided for territory
which is included in whole or in part in the jurisdiction of the
governing bodies of two or more public agencies which are the
primary providers of emergency fire fighting, law enforcement,
ambulance, emergency medical, or other emergency services, the
agreement for such service with a service
supplier BESP or any equipment supplier
shall be entered into by each such governing body unless any such
body expressly excludes itself therefrom. Any such agreement shall
provide that each governing body which
THAT is a customer of such service shall make payment therefor
from charges imposed under paragraph (a) of this subsection (1),
unless all such customers make payments therefor from general
revenues. Nothing in this paragraph (b) shall be construed to
prevent two or more such governing bodies from entering into a
contract under part 2 of article 1 of this title and to establish
a separate legal entity thereunder to enter into such an agreement
as the customer of the service supplier
BESP or any equipment supplier.
(2) (a) The governing body is hereby
authorized, by ordinance in the case of cities and by resolution
in the case of counties or special districts, to impose such charge
in an amount not to exceed seventy cents per month PER EXCHANGE
ACCESS FACILITY OR PER WIRELESS COMMUNICATIONS ACCESS in those
portions of the governing body's jurisdiction for which emergency
telephone service will be provided.
(b) In the event the governing body determines
that a charge in excess of seventy cents per month is necessary
in order to provide continued and adequate emergency telephone
service, the governing body shall obtain from the public utilities
commission approval of such higher charge before the imposition
thereof.
(c) REGARDLESS OF THE LEVEL AT WHICH THE CHARGE IS SET, THE AMOUNT OF THE CHARGE IMPOSED PER EXCHANGE ACCESS FACILITY AND THE AMOUNT OF THE CHARGE IMPOSED PER WIRELESS COMMUNICATIONS ACCESS SHALL BE EQUAL.
(d) The proceeds of the charge shall be
utilized to pay for emergency telephone service, as set forth
in section 2911104 (2), and may be imposed at any
time subsequent to the execution of
an agreement with the provider of such service at the discretion
of the AFTER THE governing body REQUESTS
SUCH SERVICE FROM THE PROVIDER OR, IN THE CASE OF WIRELESS CARRIERS,
AT ANY TIME AFTER THE GOVERNING BODY REQUESTS WIRELESS ANI OR
WIRELESS ALI FROM THE WIRELESS CARRIER.
(3) No such
charge shall be imposed upon more than one hundred exchange access
facilities or their equivalent per customer billing.
Such charge shall be imposed only upon service users WHOSE ADDRESS
IS in those portions of the governing body's jurisdiction for
which emergency telephone service shall be provided; however,
such charge shall not be imposed upon any state or local governmental
entity.
(7) Any charge imposed under the authority
of this article shall be collected insofar as practicable at the
same time as, and along with, the charges for the tariff
rate in accordance with the regular billing practice of the service
supplier. The tariff
rates determined by or stated on the billing of the service supplier
are presumed to be correct if such charges were made in accordance
with the service supplier's business practices. The presumption
may be rebutted by evidence which establishes that an incorrect
tariff
rate was charged.
SECTION 4. 2911103
(3), Colorado Revised Statutes, 1986 Repl. Vol., is amended to
read:
2911103. Remittance of charge to governing body administrative fee establishment of rate of charge. (3) (a) At least once each calendar year, the governing body shall establish a rate of charge, not to exceed the amount authorized, that together with any surplus revenues carried forward will produce sufficient revenues to fund the expenditures authorized by this article. Amounts collected in excess of such necessary expenditures within a given year shall be carried forward to subsequent years AND SHALL BE USED IN ACCORDANCE WITH SECTION 2911104 (2). The governing body shall make its determination of such rate each year no later than September 1 and shall fix the new rate to take effect commencing with the first billing period of each customer on or following the next January 1. Immediately upon its making such determination and fixing such rate, the governing body shall publish in its minutes the new rate, and it shall notify by registered mail every service supplier at least ninety days before such new rate will become effective.
(b) The governing body may, at its own
expense, require an annual audit of the service supplier's books
and records concerning the collection and remittance of the charge
authorized by this article. PUBLIC INSPECTION OF THE AUDIT AND
OF DOCUMENTS REVIEWED IN THE AUDIT SHALL BE SUBJECT TO SECTION
2472204, C.R.S.
SECTION 5. 2911104
(2) and (3), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
are amended, and the said 2911104 is further amended
BY THE ADDITION OF A NEW SUBSECTION, to read:
2911104. Agreements or
contracts for emergency telephone service use of funds
collected. (2) (a) (I) Except
as otherwise provided in paragraphs (b) and (c) of this subsection
(2), funds collected from the charge
CHARGES imposed pursuant to this article shall be spent solely
to pay for: the equipment costs, for
the installation costs, and for the monthly recurring charges
billed by the service supplier for the emergency telephone service,
and,
(A) COSTS OF EQUIPMENT AND INSTALLATION
THEREOF;
(B) MONTHLY RECURRING CHARGES OF SERVICE
SUPPLIERS AND BASIC EMERGENCY SERVICE PROVIDERS (BESPS) FOR THE
EMERGENCY TELEPHONE SERVICE, WHICH CHARGES SHALL BE BILLED BY
THE BESP TO THE GOVERNING BODY OF EACH JURISDICTION IN WHICH IT
PROVIDES SERVICE;
(C) REIMBURSEMENT OF THE COSTS OF WIRELESS
CARRIERS AND BESPS FOR EQUIPMENT CHANGES NECESSARY FOR THE PROVISION
OR TRANSMISSION OF WIRELESS ANI OR WIRELESS ALI TO A PUBLIC SAFETY
ANSWERING POINT; AND
(D) OTHER COSTS, EXCLUDING PERSONNEL COSTS,
DIRECTLY RELATED TO THE CONTINUED OPERATION OF THE EMERGENCY TELEPHONE
SERVICE.
(II) If moneys are available after such
charges THE COSTS AND CHARGES ENUMERATED
IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) are fully paid, such
funds may be expended for emergency medical services provided
by telephone.
(b) In a county with a population of fifty
thousand or less that has entered into a cooperative intergovernmental
agreement for the provision of emergency telephone service, funds
collected from the charge
CHARGES imposed pursuant to this article may also be spent for
personnel expenses necessarily incurred for a public safety answering
point. As used in this paragraph (b), "personnel expenses
necessarily incurred" includes only expenses incurred for:
(I) Persons employed to take emergency
telephone calls and relay them to
the appropriate dispatcher DISPATCH
THEM APPROPRIATELY; and
(II) Persons employed to maintain the
computer data base of the public safety answering point.
(c) For purposes of paragraph (b) of this
subsection (2), the population of a county shall be determined
by the most recent available estimate by the division of planning
in the department of local affairs.
(3) Funds collected from the charge
CHARGES IMPOSED pursuant to this article shall be credited to
a cash fund, apart from the general fund of the public agency,
for payments pursuant to subsection (2) of this section. Any moneys
remaining in such cash fund at the end of any fiscal year shall
remain therein for payments during any succeeding year; except
that, if such emergency telephone service is discontinued, moneys
remaining in the fund after all payments to the service supplier
SUPPLIERS, BASIC EMERGENCY SERVICE PROVIDERS, and all equipment
suppliers pursuant to subsection (2) of this section have been
made shall be transferred to the general fund of the public agency
or proportionately to the general fund of each participating public
agency.
(4) A WIRELESS CARRIER OR BESP THAT PROVIDES
WIRELESS ALI OR WIRELESS ANI SERVICES AT THE REQUEST OF A GOVERNING
BODY, AND PURSUANT TO A CONTRACT BETWEEN THE WIRELESS CARRIER
OR BESP AND THE GOVERNING BODY, SHALL BE REIMBURSED BY SUCH GOVERNING
BODY OR ITS DESIGNEE FOR THE COSTS INCURRED IN MAKING ANY EQUIPMENT
CHANGES NECESSARY FOR THE PROVISION OF SUCH SERVICES.
SECTION 6. Article
11 of title 29, Colorado Revised Statutes, 1986 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
2911105. Immunity of providers.
NO BASIC EMERGENCY SERVICE PROVIDER OR SERVICE SUPPLIER AND NO
EMPLOYEE OR AGENT THEREOF SHALL BE LIABLE TO ANY PERSON OR ENTITY
FOR INFRINGEMENT OR INVASION OF THE RIGHT OF PRIVACY OF ANY PERSON
CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY,
BY ANY ACT OR OMISSION IN CONNECTION WITH THE INSTALLATION, OPERATION,
MAINTENANCE, REMOVAL, PRESENCE, CONDITION, OCCASION, OR USE OF
EMERGENCY SERVICE FEATURES, AUTOMATIC NUMBER IDENTIFICATION (ANI),
OR AUTOMATIC LOCATION IDENTIFICATION (ALI) SERVICE AND THE EQUIPMENT
ASSOCIATED THEREWITH, INCLUDING WITHOUT LIMITATION THE IDENTIFICATION
OF THE TELEPHONE NUMBER, ADDRESS, OR NAME ASSOCIATED WITH THE
TELEPHONE USED BY THE PARTY OR PARTIES ACCESSING 911
SERVICE, WIRELESS ANI SERVICE, OR WIRELESS ALI SERVICE, AND THAT
ARISE OUT OF THE NEGLIGENCE OR OTHER WRONGFUL ACT OF THE PROVIDER
OR SUPPLIER, THE CUSTOMER, THE GOVERNING BODY OR ANY OF ITS USERS,
AGENCIES, OR MUNICIPALITIES, OR THE EMPLOYEE OR AGENT OF ANY OF
SAID PERSONS AND ENTITIES. IN ADDITION, NO BASIC EMERGENCY SERVICE
PROVIDER OR SERVICE SUPPLIER OR ANY EMPLOYEE OR AGENT THEREOF
SHALL BE LIABLE FOR ANY DAMAGES IN A CIVIL ACTION FOR INJURIES,
DEATH, OR LOSS TO PERSON OR PROPERTY INCURRED AS A RESULT OF ANY
ACT OR OMISSION OF SUCH PROVIDER, SERVICE SUPPLIER, EMPLOYEE,
OR AGENT IN CONNECTION WITH DEVELOPING, ADOPTING, IMPLEMENTING,
MAINTAINING, ENHANCING, OR OPERATING AN EMERGENCY TELEPHONE SERVICE
UNLESS SUCH DAMAGE OR INJURY WAS INTENTIONALLY CAUSED BY OR RESULTED
FROM GROSS NEGLIGENCE OF THE PROVIDER, SUPPLIER, EMPLOYEE, OR
AGENT.
SECTION 7. No
appropriation. The general assembly has determined that this
act can be implemented within existing appropriations, and therefore
no separate appropriation of state moneys is necessary to carry
out the purposes of this act.
SECTION 8. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO