2024 Pennsylvania Consolidated & Unconsolidated Statutes
Act 147 - HEALTH AND SAFETY (35 PA.C.S.) - OMNIBUS AMENDMENTS

Session of 2024

No. 2024-147

 

HB 1304

 

AN ACT

 

Amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in 911 emergency communication services, further providing for definitions, for telecommunications management and for counties, providing for addressing authorities and for next generation 911 call delivery, further providing for 911 system plan, for fund, for payment, collection and remittance of surcharge by providers of 911 communications services, for payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service, for telephone records, for penalty, for immunity and for shared residential MLTS service, repealing provisions relating to business MLTS, to shared communications services, to temporary residence and to local notification, further providing for ALI database maintenance, repealing provisions relating to dialing instructions and further providing for MLTS signaling and for prohibited release of information.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

Section 1.  The definitions of "ALI," "ANI," "automatic location information," "automatic number identification," "emergency location identification number" or "ELIN," "next generation 911 service," "next generation 911 technology," "private 911 emergency answering point," "shared residential MLTS service," "shared telecommunications services" and "temporary facility" in section 5302 of Title 35 of the Pennsylvania Consolidated Statutes are amended and the section is amended by adding definitions to read:

§ 5302.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

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"Access line."  The physical voice-grade telecommunications connection or the cable or broadband transport facilities, or any combination of these facilities owned, controlled or relied upon by a 911 service provider between an end-user customer's premises and a 911 service provider's network that, when the digits 911 are dialed, provides the end-user customer access to a PSAP through a permissible interconnection to the dedicated 911 network.

"Access line equivalent."  In the case of multichannel services or offerings, channelized by a service provider, each individual channel or trunk provided to an end-user customer and capable of simultaneously supporting a voice call to 911 shall constitute a separate access line or equivalent access line.

"Addressing authority."  The entity responsible for assigning an address to locations within a local government's geographical area.

"Addressing the ESInet."  A request for emergency service made to a PSAP without physically dialing the digits "911."

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["ALI."  Automatic location information.

"ANI."  Automatic number identification.

"Automatic location information."] "Automatic location information" or "ALI."  The delivery or receipt of location information, including, but not limited to, the street address or geographic location of a telecommunication device, as specified in the FCC 911 Order, being used to communicate with a 911 system.

["Automatic number identification."] "Automatic number identification" or "ANI."  The delivery or receipt of a telephone number assigned to a telecommunication device being used to communicate with a 911 system.

* * *

"Call handling equipment."  A functional element concerned with the details of the management of calls that:

(1)  Handles all communication from the caller.

(2)  Includes the interfaces, devices, software and applications utilized by the agents to handle the call.

"Call processing record."  A record stored in a next generation 911 technology database that derived from the PSAP call handling equipment and next generation 911 technology, which may include transactional call details, caller personal identifiable information or caller location data associated with a request for assistance.

* * *

"Dispatchable location."  A location delivered to the PSAP with a 911 call that consists of the validated street address of the calling party and additional information such as suite, apartment or similar information necessary to adequately identify the location of the calling party, except for commercial mobile radio service providers, which shall convey the location information required by 47 CFR Pt. 9 Subpt. C (relating to commercial mobile radio service).

["Emergency location identification number" or "ELIN."  A valid North American Numbering Plan format telephone number assigned to a multiline telephone system operator by the appropriate authority which is used to route the call to a public safety answering point and is used to retrieve the automatic location information for the public safety answering point. The ELIN may be the same number as the automatic number identification. The North American Numbering Plan number may in some cases not be a dialable number.]

* * *

"Emergency Services Internet Protocol network" or "ESInet."  A robust, redundant dedicated Internet Protocol-based private network that serves as the foundation of next generation 911 services and is utilized to support the ingress, location, routing and delivery of 911 calls, data and video to PSAPs.

* * *

"Geographic information systems" or "GIS."  Computer-based tools used in 911 services to identify geographic locations and boundaries.

* * *

"Network operations center."  A centralized location where the performance and health of a network or system is continuously monitored.

["Next generation 911 service."] "Next generation 911 service" or "NG911 service."  911 service using, in whole or in part, next generation 911 technology.

["Next generation 911 technology."] "Next generation 911 technology" or "NG911 technology."  Equipment, products or services that enable a PSAP to receive calls for emergency assistance by voice, text, video, Internet protocol or other technology authorized by Federal law, regulation or industry standard. The term includes any new technology with the same or similar functionality.

* * *

["Private 911 emergency answering point."  An answering point operated by a nonpublic safety entity which:

(1)  Provides functional alternative and adequate means of signaling and directing responses to emergencies as an adjunct to public safety responses.

(2)  Trains individuals intercepting calls for assistance in accordance with applicable local emergency telecommunications requirements.

(3)  Provides incident reporting to the public safety emergency response centers in accordance with State and local requirements.]

* * *

"Regional 911 system."  A PSAP that combines two or more primary PSAPs into a single physically combined primary PSAP with an integrated management structure that serves the same population previously served by independent primary PSAPs.

* * *

"Security operations center."  A centralized location where a network or system are continuously monitored to prevent, detect, investigate and respond to cyber threats.

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["Shared residential MLTS service."  The use of a multiline telephone system to provide service to residential facilities even if the service is not delineated for purposes of billing. For purposes of this definition, residential facilities shall be liberally construed to mean single family and multifamily facilities.

"Shared telecommunications services."  The provision of telecommunications and information management services and equipment within a user group located in discrete private premises in building complexes, campuses or high-rise buildings by a commercial shared services provider or by a user association through privately owned subscriber premises equipment and associated data processing and information management services, including the provision of connections to the facilities of a local exchange carrier and to interexchange carriers.]

* * *

["Temporary facility."  A dormitory, hotel, motel, health care facility, long-term care facility, nursing home or other facility as determined by the agency that provides temporary occupancy to temporary residents and that is served by a multiline telephone system.]

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"VoIP service line."  This term has the same meaning as "access line."

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Section 2.  Section 5303(a)(12) and (c)(4) and (5) of Title 35 are amended, subsection (a) is amended by adding paragraphs and subsection (b)(4) is amended by adding a subparagraph to read:

§ 5303.  Telecommunications management.

(a)  Powers and duties of agency.--The agency shall have the following powers and duties:

* * *

(12)  To require a [biennial] triennial performance audit of each 911 system's use of money from the fund, including allocations to capital or operating reserves.

* * *

(19)  To procure industry standard next generation 911 call delivery services for all 911 systems.

(20)  To establish joint purchasing agreements or other contracts for the procurement of goods and services in support of 911 service as identified in the State 911 Plan to pursue cost and operational efficiencies.

(21)  To provide education and outreach to addressing authorities on next generation 911 addressing standards.

(b)  Establishment of 911 board.--There is established a board within the agency to be known as the 911 board. The board shall be comprised of the following:

* * *

(4)  A representative from the following Statewide associations, who shall serve as nonvoting members:

* * *

(xix)  The Pennsylvania Career Fire Chiefs Association.

* * *

(c)  Powers and duties of board.--The board shall have the following powers and duties:

* * *

(4)  To advise the agency on [plans to deploy] deployment and implementation of next generation 911 technology in 911 systems in this Commonwealth.

(5)  To promote [the] regional sharing and use of technology.

* * *

Section 3.  Section 5304(a)(7) and (8)(i)(B) of Title 35 are amended, paragraph (10) is amended by adding a subparagraph and the subsection is amended by adding paragraphs to read:

§ 5304.  Counties.

(a)  Powers and duties.--Each county shall have the following powers and duties in relation to a 911 system:

* * *

(7)  To cooperate with the agency and board in the preparation and submission of the 911 system plan.

(8)  To cooperate with the Pennsylvania State Police. Subject to subparagraphs (i) through (iii), a county that utilizes ANI/ALI database services shall, upon request of the Commissioner of the Pennsylvania State Police or the designee of the commissioner, provide authority to access all ANI/ALI database information relating to 911 calls for emergency services, whether the database is held by the county or by a commercial entity, following the established procedures of the database owner. The following shall apply:

(i)  In order to ensure that no county or PSAP experiences degradation of service or additional costs as a result of complying with this subsection:

* * *

(B)  all means of access must be approved by the county, PSAP, the agency and the Pennsylvania State Police before the county is required to authorize or provide the access. In the event of a dispute between the Pennsylvania State Police and a county or PSAP regarding approval by the county and PSAP, the dispute shall be mediated by the Office of Information Technology of the Commonwealth's Office of Administration. The Office of Information Technology may bring in a Commonwealth mediator from the Office of General Counsel to provide assistance in resolving the dispute.

* * *

(10)  To make reasonable efforts to ensure required geographic information system (GIS) information is available and maintained to support next generation 911 call delivery. The following apply:

* * *

(i.1)  Counties must develop, publish, maintain and provide the required GIS layers that meet the Pennsylvania NG911 GIS Data Model published by the agency, including developing or cooperating with the applicable addressing authorities to develop site and structure address point data to support NG911 call delivery.

* * *

(11)  To utilize the next generation 911 call delivery services procured by the agency and cooperate with the agency, next generation 911 service provider and other applicable entities to help identify the cause of next generation 911 service impacting issues and responsibility for resolution until those items are identified.

(12)  To maintain compliance with cybersecurity standards published by the agency.

Section 4.  Title 35 is amended by adding sections to read:

§ 5304.2.  Addressing authorities.

Each addressing authority in this Commonwealth shall have the following powers and duties related to the 911 system:

(1)  To issue new addresses in compliance with next generation 911 standards.

(2)  To provide new addresses to counties in a timely manner to assist with provisioning new addresses into the next generation 911 system and to assist first responders with locating a site and structure. If an addressing authority is unable to provide the county addresses in a timely manner, the addressing authority shall consider assigning the authority to assign addresses to the county. The county and existing addressing authority shall develop processes and agreements to assign and share address data.

(3)  If a property is readdressed, the property shall be assigned an address in compliance with NG911 standards.

§ 5304.3.  Next generation 911 call delivery.

(a)  NG911 service provider.--The NG911 service provider shall maintain and secure the NG911 system according to industry standards and provide NG911 call delivery services as defined in a contract with the agency. The NG911 service provider shall support and monitor the NG911 system 24 hours per day, 7 days per week, 365 days per year using a network operations center and a security operations center to support the operations and security of the NG911 system.

(b)  Use of State ESInet.--The primary use of the State ESInet shall be for NG911 call delivery services. Only public safety agencies and their service providers and vendors may be connected directly to the ESInet.

(c)  Support of ancillary services.--The State ESInet shall be designed to also support ancillary services related to public safety. NG911 service enhancements for ancillary services shall be requested, evaluated, planned and coordinated using the methods and procedures defined by the agency to promote operating and enhancing the NG911 system in a planned, coordinated and financially sustainable manner.

(d)  Communication service provider.--A communication service provider shall also notify the agency and the NG911 service provider when notifying 911 systems of reportable service outages in the manner specified by the Federal Communications Commission or Pennsylvania Public Utility Commission.

Section 5.  Sections 5305 and 5306.1(c)(1)(iii), (e), (f) and (h) of Title 35 are amended to read:

§ 5305.  911 system plan.

(a)  Minimum standards.--Upon the agreement of a county to establish a 911 system as a regional or single county PSAP, a plan shall be adopted that meets at least the standards promulgated by the agency. The county may obtain technical assistance from the agency in formulating its plan. Each 911 system plan shall be designed to meet the individual circumstances of each community and public agency participating in the 911 system. The plan shall consider efficiencies to be achieved from regionalization and consolidation and [may] shall include consideration of and implementation plans for next generation 911 technology.

(b)  Board review.--

(1)  The board [shall] may review each 911 system plan for completeness and may recommend the approval or disapproval of the plan to the agency.

(2)  If the 911 system plan is recommended for disapproval by the board, the agency shall explain the deficiencies that caused the recommendation and may return the plan.

(c)  Regional systems.--Nothing in this chapter shall be construed to prohibit the formation of multijurisdictional or regional 911 systems.

§ 5306.1.  Fund.

* * *

(c)  Use.--

(1)  The money in the fund shall be used only for reasonably necessary costs that enhance, operate or maintain a 911 system in this Commonwealth in accordance with the Statewide 911 plan established by the agency. For the purposes of this paragraph, reasonably necessary costs shall be determined by the agency, in consultation with the board, consistent with the following:

* * *

[(iii)  Notwithstanding any guidelines provided by the agency, use of the fund by a 911 system or the agency to establish, enhance, operate or maintain Statewide interconnectivity of 911 systems or to establish a capital or operating reserve consistent with a 911 system plan shall be deemed reasonably necessary.]

* * *

(e)  Distribution formula considerations.--

(1)  The distribution formula established by the agency under subsection (d) shall fairly and proportionately reflect 911 system needs.

[(2)  The initial distribution formula shall be established and implemented by the agency, in consultation with the board, no later than 18 months following the effective date of this section.

(3)  The distribution formula shall be reviewed every two years and may be adjusted annually.

(4)  In developing and evaluating the distribution formula, the agency, in consultation with the board, shall consider and may include the following factors that permit the formula to reflect 911 system needs:

(i)  Base level costs common to all 911 systems.

(ii)  Population and population density.

(iii)  Call volume, including definition of what constitutes a call as published by the agency.

(iv)  Extenuating factors such as topography, concentrated exposure such as transit or industrial facilities, or cyclical exposures such as high-attendance public events.

(5)  In development of the distribution formula, the agency, in consultation with the board, shall consider the 911 system's average reported allowable 911 system costs for the five years immediately preceding the effective date of this section.

(6)  Notwithstanding the provisions of paragraph (5), the] (7)  The distribution formula shall be reviewed at the discretion of the board but no more than once within a four-year period. The board shall establish goals and objectives prior to a formula review and may recommend factors to consider during a formula review.

(8)  The total annual disbursement from the fund to any one 911 system may not exceed the actual annual costs to enhance, operate or maintain that 911 system in accordance with the Statewide 911 system plan. Actual costs may include amortization or depreciation of allowable capital costs of the 911 system as determined using generally accepted accounting principles and approved plan allocations to capital and operating reserves, if approved by the agency.

[(f)  Interim distribution formula.--Commencing on the effective date of this subsection, until the board develops and the agency implements a distribution formula under subsection (e), the money available under subsection (d)(1) and (3) shall be distributed to each 911 system as follows:

(1)  A share equivalent to 106% times the respective 911 system's average of local exchange telephone carriers surcharge collections under section 5305 (relating to 911 system plan) for the five years immediately preceding the effective date of this section.

(2)  A share equivalent to 106% times the respective 911 system's average of VoIP provider's surcharge collections under section 5307 for the five years immediately preceding the effective date of this section.

(3)  The remaining amount distributed to each 911 system shall be based on the ratio that its average reported allowable 911 system costs for the five years immediately preceding the effective date of this paragraph bear to the average reported allowable 911 system costs for all 911 systems for the five years immediately preceding the effective date of this paragraph.]

* * *

[(h)  County or city action required.--A county or city of the third class shall not be eligible to receive funds under this section unless the governing body of the county or city adopts a resolution or ordinance authorizing acceptance of the funds. The county or city shall provide public notice of the intent to adopt the resolution or ordinance. A copy of the resolution or ordinance shall be provided to the agency.]

* * *

Section 6.  Section 5307(b)(7) of Title 35 is amended and the section is amended by adding a subsection to read:

§ 5307.  Payment, collection and remittance of surcharge by providers of 911 communications services.

* * *

(a.1)  Department of Revenue.--The Department of Revenue shall:

(1)  Request information and require audits or reports relating to program compliance from any entity remitting the surcharge to the fund.

(2)  Execute an agreement with the agency to memorialize their respective duties and responsibilities in support of audits or reports relating to program compliance.

(b)  Multiline telephone systems.--In the case of Centrex or similar multiline telephone system subscribers, except PBX subscribers, the following multipliers shall be applied to determine the rate of the surcharge for each subscriber:

* * *

(7)  Each VoIP provider shall collect the uniform 911 surcharge for the number of VoIP service lines, Session Initiation Protocol (SIP) access lines or access line equivalents for which the VoIP provider has enabled the capacity for simultaneous outbound calls regardless of actual usage.

* * *

Section 7.  Section 5307.1(a)(10) of Title 35 is amended to read:

§ 5307.1.  Payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service.

(a)  Surcharge.--The following apply:

* * *

(10)  Each seller that remits the surcharge shall certify the accuracy of the remittance annually using the procedures and forms provided by the [agency] department.

* * *

Section 8.  Section 5309(a) of Title 35 is amended and the section is amended by adding a subsection to read:

§ 5309.  Telephone records.

[(a)  Access.--A telephone service supplier shall provide customer telephone numbers, names and service addresses to PSAPs when requested by them for use in responding to 911 calls and for the synchronization of required geographic information system (GIS) database layers for geospatial call routing with the master street address guide, the ALI data and site and structure locations and, when required, to providers of emergency notification services and emergency support services, solely for the purposes of delivering or assisting in the delivery of emergency notification services and emergency support services. A wireless provider shall provide the telephone number and geographical location of the wireless device, as required under the FCC E-911 Order, to PSAPs when requested by them for use in responding to 911 calls. Customer telephone numbers, names and service addresses, and telephone numbers and geographical locations of wireless devices, shall remain the property of the disclosing service supplier. The total cost of the 911 system shall include expenses to reimburse telephone service suppliers for providing and maintaining 911 information. A telephone service supplier shall not be reimbursed directly from the fund for providing and maintaining 911 information. This information shall be used only in providing emergency response services to a 911 call, synchronizing master street address guide, ALI and GIS data sets or for purposes of delivering or assisting in the delivery of emergency notification services or emergency support services. A person who uses or discloses ANI/ALI database information for purposes other than providing emergency response services to a 911 call, delivering or assisting in the delivery of emergency notification services commits a misdemeanor of the third degree.]

(a.1)  Access.--

(1)  A 911 service provider with the ability to originate a 911 call shall provide customer telephone numbers, names, service addresses and geolocation information, where applicable, according to Federal regulations to PSAPs for use in responding to 911 calls.

(2)  911 service providers shall synchronize their customer 911 information with the PSAPs' GIS database layers used for geospatial call routing or with the master street address guide, whichever is applicable, by utilizing the ALI database management and discrepancy reporting systems provided by the NG911 service provider. If a 911 service provider's service location does not match the PSAPs' GIS data for address validation, the 911 service provider must provide the PSAP and appropriate addressing authority any known information about the service location.

(3)  A wireless provider shall provide the telephone number and geographical location of the wireless device, as required under the FCC E-911 Order, 47 CFR (relating to telecommunication) and any other applicable Federal law, to PSAPs for use in responding to 911 calls. Customer telephone numbers, names and service addresses and geographical locations of wireless devices shall remain the property of the disclosing wireless provider.

(4)  Wireless provider ALI data shall be provided to the PSAPs' selected 911 service provider for purposes of 911 call routing and delivery along with ALI delivery. ALI may be provided directly to the 911 service provider via routine uploads or via a third-party database provider interfaced with the 911 service providers' ALI database. ALI data shall be maintained by the wireless provider and made available to the 911 service provider as required to ensure accurate ALI information is provided to the PSAP.

(5)  ALI data shall be provided to 911 service providers and emergency support services, solely for the purposes of delivering or assisting in the delivery of emergency notification services and emergency support services.

(6)  The total cost of the 911 system shall include expenses to reimburse telephone service suppliers for providing and maintaining 911 information.

(7)  A telephone service supplier shall not be reimbursed directly from the fund for providing and maintaining 911 information. This information shall be used only in providing emergency response services to a 911 call, synchronizing master street address guide, ALI and GIS data sets or for purposes of delivering or assisting in the delivery of emergency notification services or emergency support services. A person who uses or discloses ANI and ALI database information for purposes other than providing emergency response services to a 911 call, delivering or assisting in the delivery of emergency notification services, commits a misdemeanor of the third degree.

* * *

Section 9.  Sections 5310(a), 5311.1(a) and (c)(2) and 5311.15 of Title 35 are amended to read:

§ 5310.  Penalty.

(a)  Communications with 911 systems.--A person who intentionally [calls] contacts the 911 emergency number for other than emergency purposes commits a misdemeanor of the [third] second degree. A second offense under this subsection constitutes a misdemeanor of the first degree. A third or subsequent offense under this subsection constitutes a felony of the third degree.

* * *

§ 5311.1.  Immunity.

(a)  Local government.--A 911 system [or a wireless E-911 system] run by county and local governments shall be a local agency which shall enjoy local governmental immunity as provided under 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties).

* * *

(c)  Applicability.--The immunity under subsection (b) shall apply to the following:

* * *

(2)  The release to the Federal Communications Commission, the [public utility commission] Pennsylvania Public Utility Commission, the board or any Federal or Commonwealth agency with the authority to regulate the provision of telecommunications services of telephone company information specified in this section that is not already part of public records, including information regarding the number of liens served by an individual company, except for nonpublic information regarding the company's individual customer names, addresses and telephone numbers.

* * *

§ 5311.15.  [Shared residential MLTS service.

Operators of shared residential MLTS serving residential customers shall ensure that a telecommunications system, at least six months after the effective date of this section, is connected to the public switched telephone network such that calls to 911 result in one distinctive ANI and ALI for each living unit.] MLTS service.

A person engaged in the business of installing, managing or operating multiline telephone systems in this Commonwealth shall meet the requirements provided in 47 CFR 9.15 (relating to applicability), 9.16 (relating to general obligations-direct 911 dialing, notification, and dispatchable location) and 9.17 (relating to enforcement, compliance date, State law) and any other applicable Federal law. The requirements apply to any multiline telephone system that is manufactured, imported, offered for first sale or lease, first sold or leased or installed after February 16, 2020. The agency shall create a mechanism for members of the public to report violations of this section and shall forward reports the agency receives to the appropriate Federal authorities.

Section 10.  Sections 5311.16, 5311.17, 5311.18 and 5311.19 of Title 35 are repealed:

[§ 5311.16.  Business MLTS.

(a)  General rule.--For an MLTS serving business locations at least six months after the effective date of this section, the MLTS operator shall deliver the 911 call with an ELIN which shall result in one of the following:

(1)  An ERL which provides, at a minimum, the building and floor location of a caller.

(2)  An ability to direct response through an alternative and adequate means of signaling by the establishment of a private 911 emergency answering point.

(b)  Reasonable effort.--The MLTS manager must make a reasonable effort to ensure that 911 callers are aware of the proper procedures for calling for emergency assistance.

(c)  Exceptions.--Workspaces with less than 7,000 square feet on a single level, and located on a single contiguous property, are not required to provide more than one ERL, and key telephone systems are not required to provide more than one ERL.

§ 5311.17.  Shared communications services.

Providers of shared communications services installed at least six months after the effective date of this section shall assure that the MLTS is connected to the public switched telephone network such that calls to 911 from any telephone result in ALI for each respective ERL of each entity sharing the telecommunications services.

§ 5311.18.  Temporary residence.

Businesses providing MLTS service to a temporary residence shall permit the dialing of 911, and the MLTS operator shall ensure that the MLTS is connected to the public switched telephone network. If PBX or other private switch ALI records are not provided for each individual station, the MLTS operator of the temporary residence shall provide specific location information for the caller to the PSAP.

§ 5311.19.  Local notification.

In addition to any other requirement of this chapter, applicable to its type of MLTS service, an MLTS operator:

(1)  Shall implement local notifications if operating an MLTS service installed after the effective date of this section.

(2)  May implement local notification if operating an MLTS service installed before the effective date of this section.]

Section 11.  Section 5311.20 of Title 35 is amended to read:

§ 5311.20.  ALI database maintenance.

If applicable, MLTS operators must arrange to update the ALI database with an appropriate master street address guide valid address and call-back information for each MLTS telephone, such that the location information specifies the [ERL] dispatchable location of the caller. These updates must be downloaded or otherwise made available to the ALI database provider as soon as practicable for a new MLTS installation, or within one business day of record completion of the actual changes for MLTS installed before the effective date of this section. The information is subject to all Federal and State privacy and confidentiality laws. The MLTS operator shall audit accuracy of information contained in the ALI database at least once annually.

Section 12.  Section 5311.22 of Title 35 is repealed:

[§ 5311.22.  Dialing instructions.

An owner or operator of a multiline telephone system installed after the effective date of this section shall ensure that the system is connected to the public switched telephone network in such a manner that when a user dials 911, the emergency call connects directly to the appropriate 911 system:

(1)  without first dialing any numbers or set of numbers; and

(2)  without being intercepted by a switchboard operator, attendant or other designated onsite individual.]

Section 13.  Sections 5311.23 and 5399 of Title 35 are amended to read:

§ 5311.23.  MLTS signaling.

An MLTS shall support 911 calling by using any generally accepted industry standard signaling protocol designed to produce an automatic display of caller information on the video terminal of the PSAP call taker unless the MLTS operator is exempt [or a waiver has been granted] due to an MLTS that was installed prior to February 16, 2020.

§ 5399.  Prohibited release of information.

(a)  Prohibition.--Notwithstanding any other law, in a response to a request under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, the agency or a PSAP may not release individual identifying information of an individual [calling] contacting a 911 center, victim or witness. Information includes, but is not limited to, voice, video and data provided through the use of next generation 911 technology or other forms of communication.

(a.1)  Call processing records.--A call processing record created by a PSAP shall be confidential, and the agency may not release the call processing record. The agency shall have access to a call processing record for troubleshooting and monitoring performance of the next generation 911 service or PSAP. The agency may analyze the data in a call processing record to assist with emergency management response and recovery operations. Aggregated statistical reports detailing next generation 911 service or PSAP usage and performance shall not be confidential. Nothing in this section shall be construed to rescind the duty of a PSAP to comply with the Right-to-Know Law.

(b)  Applicability.--This section shall not apply if the PSAP or a court determines that the public interest in disclosure outweighs the interest in nondisclosure.

(c)  Definition.--As used in this section, the term "identifying information" includes, but is not limited to, name, telephone number [and], home address[.], voice, appearance or other data provided in 911 communications service that can be used to identify an individual. The term does not include:

(1)  The location of the incident, unless the location is the caller's, victim's or witness's home address or the disclosure of the location would compromise the identity of the caller, victim or witness.

(2)  The street block identifier, the cross street or the mile marker nearest the scene of the incident, which shall be public.

Section 14.  This act shall take effect as follows:

(1)  The addition of 35 Pa.C.S. § 5303(b)(4)(xix) shall take effect in 60 days.

(2)  The addition of 35 Pa.C.S. § 5304.2 shall take effect in 180 days.

(3)  The remainder of this act shall take effect immediately.

 

APPROVED--The 18th day of November, A.D. 2024.

 

JOSH SHAPIRO