News Flash

Bill Summary:The bill defines a “victim” as a victim of specified crimes (generally relating to domestic violence; abuse/neglect of a child and related crimes; abuse/neglect of a vulnerable adult; and specified sexual crimes). The bill defines a “victim’s representative” as a family member or guardian of a victim who is a minor, deceased, or disabled. A “victim’s representative” does not include a person acting in concert with a person alleged to have committed the crime against the victim.

Before granting inspection of the part of a 9-1-1 communications record depicting a victim, a custodian must (1) notify the victim or the victim’s representative of the request within 30 days after receiving the request, if the custodian has contact information for the victim or victim’s representative; (2) allow 10 days for a response from the victim or the victim’s representative indicating that inspection may be contrary to the public interest; and (3) consider any response received from the victim or the victim’s representative in determining whether to grant or deny the inspection.

A custodian may redact relevant portions of a 9-1-1 record to avoid denying the release of the entire record.

The bill’s provisions may not be construed to create a right of civil action for a victim or victim’s representative or affect the discovery or evidentiary rights of a party to a civil suit or criminal prosecution, nor can a custodian restrict access to a public record that has been entered into evidence in a court proceeding.

SB-284 & HB-1090

9-1-1 Specialists Compensation and Benefits

This bill expands eligibility of an existing local property tax credit for 9-1-1 public safety telecommunicators. In addition, the bill states that it is the intent of the General Assembly that jurisdictions employing 9-1-1 specialists appropriately classify and compensate workers.The bill takes effect June 1, 2019, and applies to taxable years after June 30, 2019

Bill Summary: Under current law, local governments are authorized to provide a property tax credit for a dwelling owned by a 9-1-1 public safety Telecommunicator. The bill expands eligibility for the tax credit by establishing that (1) 9-1-1 specialists include employees of a county public safety answering point or employees working in a county safety answering point and (2) 9-1-1 specialist duties and responsibilities include receiving HB 1090/ Page 2

and processing 9-1-1 requests for emergency assistance and other support functions directly related to 9-1-1 requests for emergency assistance.

HB-397 & SB-339

Carl Henn’s Law

This bill enhances and alters the regulatory framework that governs the State’s 9-1-1 system. Among other things, the bill expands the responsibilities of the Emergency Number Systems Board (ENSB), increases the State 9-1-1 fee, authorizes a local government to increase its 9-1-1 fee under specified circumstances, and applies both fees to each separate outbound call voice channel capacity instead of each account.The bill takes effect on July 1, 2019.

Bill Summary:The bill enhances and alters the regulatory framework that governs the State’s 9-1-1 system in the following ways:

· References to “emergency calls” are clarified to “requests for emergency services.”

· The responsibilities of ENSB are significantly expanded.

· The purpose and authorized uses of the 9-1-1 Trust Fund are expanded and clarified.

· A definition of “9-1-1 specialist” is established.

· Additional responsibilities related to cybersecurity are established for public safety answering points (PSAPs).

· The State 9-1-1 fee is increased from $0.25 per month to $0.50 per month.

· A local government is authorized to temporarily increase its local 9-1-1 fee under specified circumstances. Combined with the existing local 9-1-1 fee, the maximum amount a local government may charge is increased from $0.75 per month to $1.50 per month.

· The State 9-1-1 fee and local 9-1-1 fee both apply to each separate outbound call voice channel capacity, instead of each account, as specified.

· Emergency services Internet protocol network providers and core service providers of Next Generation 9-1-1 (NG 9-1-1) are granted immunity from liability for transmission failures in a specified manner.

· Beginning in fiscal 2020, the Governor must provide a plan to repay to the 9-1-1 Trust Fund any monies transferred from the fund under budget reconciliation and financing legislation or by other means that would result in the use of monies for a purpose other than the original intended use.