[Second Reprint]

SENATE, No. 2315

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED SEPTEMBER 23, 2010

 


 

Sponsored by:

Senator  JOHN A. GIRGENTI

District 35 (Bergen and Passaic)

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Morris and Somerset)

Assemblyman  FREDERICK SCALERA

District 36 (Bergen, Essex and Passaic)

Assemblyman  JOHN J. BURZICHELLI

District 3 (Salem, Cumberland and Gloucester)

 

Co-Sponsored by:

Senator Madden, Assemblyman Diegnan and Senator Stack

 

 

 

 

SYNOPSIS

     Establishes State Public Safety Interoperable Communications Coordinating Council.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on October 25, 2010.

  


An Act establishing the State Public Safety Interoperable Communications Coordinating Council amending and supplementing P.L.1989, c.3 and repealing various sections of the statutory law.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  Section 1 of P.L.1989, c.3 (C.52:17C-1) is amended to read as follows:

     1.    As used in this act:

     a.     "Automatic number identification (ANI)" means an enhanced 9-1-1 service capability that enables the automatic display of the callback number used to place a 9-1-1 call;

     b.    "Automatic location identification (ALI)" means an enhanced 9-1-1 service capability that enables the automatic display of information defining the geographical location of the telephone used to place a 9-1-1 call;

     c.     "Commission" means the [9-1-1 Commission] the Statewide Public Safety Communications Commission created pursuant to section 5 of  P.L.    , c.    (C.        ) (pending before the Legislature as this bill);

     d.    "County 9-1-1 Coordinator" means the County 9-1-1 Coordinator appointed pursuant to section 5 of this act;

     e.     "Enhanced 9-1-1 network" means the switching equipment, trunk system, database operation and connections to the public safety answering point;

     f.  "Enhanced 9-1-1 network features" means those features of selective routing which have the capability of automatic number and location identification;

     g.     "Enhanced 9-1-1 service" means a service consisting of telephone network features and public safety answering points provided for users of the public telephone system enabling the users to reach a public service answering point by dialing the digits "9-1-1."  The service directs 9-1-1 calls to appropriate public safety answering points by selective routing based on the location from which the call originated and provides for automatic number identification and automatic location identification features;

     h.     "Enhanced 9-1-1 termination equipment" means the equipment located at the public safety answering point which is needed to receive or record voice and data communications from the enhanced 9-1-1 network;

     i.      "Office" means the Office of Emergency Telecommunications Services established by section 3 of this act;

     j.     "Public safety agency" means a functional division of a municipality, a county, or the State which dispatches or provides law enforcement, fire fighting, emergency medical services, or other emergency services;

     k.    "Private safety agency" means any entity, except a municipality or a public safety agency, providing emergency medical services, fire fighting, or other emergency services;

     l.      "Public safety answering point (PSAP)" means a facility, operated on a 24-hour basis, assigned the responsibility of receiving 9-1-1 calls and, as appropriate, directly dispatching emergency response services or transferring or relaying emergency 9-1-1 calls to other public safety agencies.  A public safety answering point is the first point of reception by a public safety agency of 9-1-1 calls and serves the jurisdictions in which it is located or other participating jurisdictions;

     m.    "Selective routing"  means the method  employed to direct  9-1-1 calls to the appropriate public safety answering point based on the location from which the call originated;

     n.     "Emergency enhanced 9-1-1 system" or "system" means the emergency enhanced 9-1-1 telephone system to be established pursuant to this act, including wireless enhanced 9-1-1 service;

     o.    "Telephone company" means the organization that provides switched local telephone exchange access service;

     p.    "Wireless telephone company" means any person providing commercial mobile radio service as defined in 47 U.S.C.s.332 (d);

     q.    "FCC wireless E9-1-1 requirements" means the order adopted in the Federal Communications Commission proceeding entitled "Revision of the Commission's Rules to Ensure Comparability with Enhanced 9-1-1 Emergency Calling Systems," (CC Docket No. 94-102: RM-8143), or any successor proceeding, and the rules adopted by the Federal Communications Commission in any such proceeding, as these rules may be amended from time to time;

     r.     "Wireless 9-1-1 service" means the service which enables wireless telephone company customers to dial the digits 9-1-1 and be connected to a public safety agency;

     s.     "Wireless enhanced 9-1-1 service" means the service required to be provided by a wireless telephone company pursuant to FCC wireless E9-1-1 requirements;

     t.     "Chief Technology Officer" means the person appointed by and serving at the pleasure of the Governor who is responsible for the day-to-day operations of the Office of Information Technology;

     u.     ["Governing Board" means the board established pursuant to section 10 of P.L.2007, c.56 (C.52:18A-228), to oversee the Office of Information Technology; and] (Deleted by amendment, P.L.    , c.    ) (now before the Legislature as this bill).

     v.     "Office of Information Technology" means the Office of Information Technology in but not of the Department of the Treasury [.] ;

     w.    “Council” means the Statewide Public Safety Communications Advisory Council created pursuant to section 1[5] 61 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill);

     x.     “Delaware River Homeland Security Region Communications Working Group” means the group of individuals from agencies assigned to that region by the Office of Homeland Security and Preparedness that collaborate on common communications issues;

     y.     “Interoperability” means the ability of diverse information and communication technology systems and the processes they support to effectively work together through compatible communication paths to directly and satisfactorily exchange, correlate, and integrate data , information, and knowledge across jurisdictional boundaries and to use the data, information, and knowledge that has been exchanged;

     z.     “Northeast/UASI Homeland Security Region Communications Working Group” means the group of individuals from agencies assigned to that region by the Office of Homeland Security and Preparedness that collaborate on common communications issues;

     aa.   “Northwest Homeland Security Region Communications Working Group” means the group of individuals from agencies assigned to that region by the Office of Homeland Security and Preparedness that collaborate on common communications issues;

     bb.  “Shore Homeland Security Region Communications Working Group” means the group 1of1 individuals from agencies assigned to that region by the Office of Homeland Security and Preparedness that collaborate on common communications issues; and

     cc.   “State Agency  Communications Working Group” means the group of individuals made up of State and quasi-state agencies as defined in the State Preparedness Report that collaborate on common communications issues.

(cf:  P.L.2007, c.56, s.18)

 

     2.    Section 3 of P.L.1989, c.3 (C.52:17C-3) is amended to read as follows:

     3.    a. There is established in the Office of Information Technology an Office of Emergency Telecommunications Services.

     b.    The office shall be under the immediate supervision of a director, who shall be a person qualified by training and experience to direct the work of the office.  The director shall administer the provisions of this act subject to review by the Chief Technology Officer and shall perform other duties as may be provided by law. The director shall be appointed by the Chief Technology Officer, but the commission shall advise the Chief Technology Officer on the qualifications of the director.  The Chief Technology Officer is authorized to appoint, in accordance with Title 11A of the New Jersey Statutes, clerical, technical, and professional assistants, and also may designate any available personnel as shall be necessary to effectuate the purposes of this act.

      The office shall designate a staff member from within 1the1 Office of Information Technology to be designated as a professional spectrum manager.  The professional spectrum manager shall be responsible for approving all applications for public safety spectrum allocations in the State to ensure that the State fully complies with Federal Communications Commission rules that impact frequency allocation for public safety use.  The spectrum manager may be chosen from among the current employees of the office and the chosen employee may continue the duties and responsibilities of their current position in addition to the duties and responsibilities of spectrum manager as provided in this section.

      The office shall designate a staff member from within 1the1 Office of Information Technology to be designated the Statewide Interoperability Coordinator to coordinate interoperable communications grants and projects consistent with the National Communications Plan.  The coordinator may be chosen from among the current employees of the office and the chosen employee may continue the duties and responsibilities of 1[their] his1 current position in addition to the duties and responsibilities of coordinator as provided in this section.

    The office shall, subject to review by the commission and the Chief Technology Officer, [only as provided in subsection c. of this section,] and in consultation with the council, the telephone companies, the Board of Public Utilities and the wireless telephone companies, and with the assistance of the Office of Information Technology in but not of the Department of the Treasury, continue to plan, design, implement, and coordinate the Statewide emergency enhanced 9-1-1 telephone system to be established pursuant to this act as well as any changes to that system needed to provide wireless enhanced 9-1-1 service.

     To this end the office shall establish, after review and approval by the commission, in consultation with the council, a State plan for the emergency enhanced 9-1-1 system in this State, which plan shall include:

     (1) The configuration of, and requirements for, the enhanced 9-1-1 network.  The office with the approval of the commission and the Chief Technology Officer, in consultation with the council, only as provided herein, and assistance and advice of the Office of Information Technology in but not of the Department of the Treasury is empowered to enter into contracts [with the telephone companies and the wireless telephone companies] for the provision of this network.

     (2) The role and responsibilities of the counties and municipalities of the State in the implementation of the system, consistent with the provisions of this act, including a timetable for implementation.

     (3) Technical and operational standards for the establishment of public safety answering points (PSAPs) which utilize enhanced 9-1-1 network features in accordance with the provisions of this act and in alignment with the Next Generation 9-1-1 Planning by the National 9-1-1 Office within the United States Department of Transportation, National Highway Traffic Safety Administration. Those entities having responsibility for the creation and management of PSAPs shall conform to these standards in the design, implementation and operation of the PSAPs. These standards shall include provision for the training and certification of call-takers and public safety dispatchers or for the adoption of such a program.

     [The State plan shall be established within 270 days of the operative date of this act except that the technical and operational standards specified in paragraph (3) of this subsection shall be established within 180 days of the operative date of this act.]

     The office, after review and approval by the commission and the Chief Technology Officer, in consultation with the council, only as provided herein, may update and revise the State plan from time to time.

     The office may inspect each PSAP to determine if it meets the requirements of this act and the technical and operational standards established pursuant to this section.  The office shall explore ways to maximize the reliability of the system.

     The plan or any portion of it may be implemented by the adoption of regulations pursuant to subsection b. of section 15 of this act.

     The State plan shall require the consolidation of PSAPs as appropriate, consistent with revisions in the plan to upgrade the enhanced 9-1-1 system and shall condition the allocation of moneys dedicated for the operation of PSAPs on the merging and sharing of PSAP functions by municipalities, counties and the State Police, consistent with the revised plan.  The Treasurer may establish, by regulation, a 9-1-1 call volume minimum that may be utilized as a factor in determining which PSAP functions are to be consolidated under the State plan.

     The State plan shall limit the use of sworn law enforcement officers to provide dispatch services and the office shall condition the receipt of moneys dedicated for the operation of PSAPs on the limited use of sworn law enforcement officers, except for officers returning to active duty from an injury or other physical disability.

     The office shall plan, implement and coordinate a Statewide public education program designed to generate public awareness at all levels of the emergency enhanced 9-1-1 system.  Advertising and display of 9-1-1 shall be in accordance with standards established by the office. Advertising expenses may be defrayed from the moneys appropriated to the office.

     [The office, after review and approval by the commission and the Chief Technology Officer, only as provided herein, shall submit a report to the Senate Revenue, Finance and Appropriations Committee and the Assembly Appropriations Committee, or their successors, not later than February 15 of each year, concerning its progress in carrying out this act and the expenditure of moneys appropriated thereto and appropriated for the purposes of installation of the Statewide enhanced 9-1-1 network.]

     c.     (Deleted by amendment, P.L.1999, c.125).

     d.    To this end, the office shall, subject to review and approval by the commission and the Chief Technology Officer, and in consultation with the council, develop a Statewide Communications Interoperability Plan, which shall include:

     (1)   the strategy to most effectively provide interoperability and coordinate public safety communications between and among State, county and municipal public safety agencies. The office shall submit recommendations and proposals, as appropriate, to the Regional Planning Committees to which the State is assigned by the Federal Communications Commission; and

     (2)   the role and responsibilities of the counties and municipalities of the State in the implementation of the New Jersey Interoperable Communications System, consistent with the National Communications Plan and the provisions of this act, including a timetable for implementation.

     e.     The office, after review and approval by the commission and the Chief Technology Officer, in consultation with the council, only as provided herein, may update and revise the State plan as needed. The plan or any portion of it may be implemented by the adoption of regulations pursuant the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).

     f.     The office, after review and approval by the commission and the Chief Technology Officer, only as provided herein, shall submit a report to the Senate Revenue, Finance and Appropriations Committee and the Assembly Appropriations Committee, or their successors, not later than February 15 of each year, concerning its progress in carrying out 1the provisions of1 this act and the expenditure of moneys appropriated thereto and appropriated for the purposes of installation of the Statewide enhanced 9-1-1 network and the New Jersey Interoperable Communications System.

(cf:  P.L.2007, c.56, s.20)


     3.    Section 4 of P.L.1989, c.3 (C.52:17C-4) is amended to read as follows:

     4.    Each telephone company providing service within the State shall provide [within three years of the operative date of this act] enhanced 9-1-1 service to include selective routing, automatic number identification and automatic location identification features as a tariffed service package in compliance with a timetable issued by the office with the approval of the commission. [The office with the approval of the commission may extend the three-year limit if necessary].

     Each wireless telephone company providing service within the State shall provide wireless enhanced 9-1-1 service pursuant to FCC wireless E9-1-1 requirements and P.L.1999, c.125 (C.52:17C-3.1 et al.).

(cf:  P.L.1999, c.125, s.4)

 

     4.    Section 11 of P.L.1989, c.3 (C.52:17C-11) is amended to read as follows:

     11.  [As enhanced 9-1-1 service becomes available, all] All coin and credit card telephones whether public or private within areas served by enhanced 9-1-1 service shall be converted to dial tone first capability, which shall allow a caller to dial 9-1-1 without first inserting a coin or any other device. On each converted telephone, instructions on how to access the emergency enhanced 9-1-1 system shall be prominently displayed.

(cf:  P.L.1989, c.3 s.11)

 

     5.    (New section) a. There is established in the Office of Information Technology a Statewide Public Safety Communications Commission which shall oversee the office in the planning, design, and implementation of the Statewide emergency enhanced 9-1-1 telephone system and the New Jersey Interoperable Communications System.

     b.    The commission shall consist of 16 members as follows: two members of the Senate appointed by the President of the Senate, who shall not be both of the same political party; two members of the General Assembly appointed by the Speaker of the General Assembly, who shall not be both of the same political party; the following members ex officio: Chief Technology Officer of the Office of Information Technology or his designee; Director of the Office of Homeland Security and Preparedness or his designee; Superintendent of State Police or his designee; Commissioner of Department of Health and Senior Services or his designee; the State Treasurer or his designee; the New Jersey State Fire Marshal or his designee; the following public members appointed by the Governor with the advice and consent of the Senate: a representative of the Northeast/UASI Homeland Security Region; a representative of the Delaware River Homeland Security Region; a representative of the Shore Homeland Security Region; a representative of the Northwest Homeland Security Region; a representative from the State Agency  Communications Working Group; 1and1 a representative from the Statewide Public Safety Advisory Council.

     c.     The members of the Senate and General Assembly appointed to the commission shall serve for the term for which they were elected.  The members of the Senate and General Assembly appointed to the commission shall be non-voting, advisory members, appointed solely for the purpose of developing and facilitating legislation to assist the commission in fulfilling its statutory mission, and may not exercise any of the executive powers delegated to the commission by law.

     d.    Of the public members first appointed to the commission by the Governor with the advice and consent of the Senate, two shall be appointed for terms of three years, two shall be appointed for terms of two years, and one shall be appointed for 1[terms] a term1 of one year. Thereafter, the public members of the commission shall be appointed for terms of three years. Vacancies on the commission shall be filled in the same manner as the original appointment but for the unexpired term. Members may be removed by the appointing authority for cause. The initial members shall be appointed within 30 days of the effective date of this act.  The commission shall have the authority to establish subcommittees as it deems appropriate to carry out the purposes of this act.

    e.    The commission shall be co-chaired by the Chief Technology Officer within the Office of Information Technology and the Director of the Office of Homeland Security and Preparedness, or their designees.

     f.     The commission shall be constituted upon the appointment of the majority of its authorized membership and shall have no expiration date.

    g.    The commission shall meet bi-annually or at more frequent intervals at the discretion of the co-chairs.  The meetings of the 1[Commission] commission1 shall be held at the times and in the places necessary and appropriate to fulfill its duties and responsibilities.

     h.     The Office of Information Technology shall provide such administrative and professional assistance as the commission requires to carry out its work.

     i.      The commission shall be authorized to call to its assistance and avail itself of the services of the employees of any State, county, or local law enforcement entity, any fire department, paid or volunteer, rescue squad or any other department or agency as it may require.   State, county, and municipal agencies shall cooperate with the commission by providing information and data as needed.

     j.     For security concerns, meetings of the commission shall be exempt from the provisions set forth in the “Open Public Meeting Act,” P.L.1975, c.231 (C.10:4-6 et seq.). Records made or maintained by the commission shall not be considered public or government records under P.L.1963, c.73 (C.47:1A-1 et seq.).  The commission may call upon staff members and the expertise of non-council members to participate in commission activities to provide information and advice.

     k.    The commission shall adopt a charter to effectuate this act within 180 days after the first meeting date.

 

     6.    (New section) a.  There is established in the Office of Information Technology the Statewide Public Safety Communications Advisory Council which shall provide advice and assistance to the commission and the office in the planning, design, and implementation of the Statewide emergency enhanced 9-1-1 telephone system and the New Jersey Interoperable Communications System.

     b.    The council shall consist of 2[21] 222 members, the following members ex-officio; the Chief Technology Officer within 1[OIT] the Office of Information Technology1 who shall serve as the council chairperson; the Deputy Director, Office of Homeland Security and Preparedness, Preparedness Division; the Bureau Chief, New Jersey State Police Communications within 1the1 Office of Emergency Management; the Director of the 1[department] Department1 of Health and Senior Services, Health Infrastructure Preparedness and Emergency Response; the President of the New Jersey Board of Public Utilities; the New Jersey State Fire Marshal; the following public members: 2a representative from the Federal Emergency Management Agency, Region II;2 a representative from the Northeast/USAI Homeland Security Region Communications Working Group; a representative from the Northwest Homeland Security Region Communications Working Group; a representative from the Shore Homeland Security Region Communications Working Group; a representative from the Delaware River Homeland Security Region Communications Working Group; a representative from the State Agency Communications Working Group; a representative from 2[NENA] the National Emergency Number Association2, New Jersey Chapter; a representative from the Association of Public-Safety Communications Professionals 2[(APCO)]2; a representative from the New Jersey Chiefs of Police Association; a representative from the New Jersey Fire Chiefs Association; a representative from the New Jersey State First Aid Council; a representative from the Sheriffs Association of New Jersey; a representative from the Department of Health and Senior services, Office of Emergency Medical Services, 2[EMS] Emergency Medical Services2 Council; the 2[APCO] Association of Public-Safety Communications Professionals2 Public Safety Frequency Coordinator; a representative from 2the2 New Jersey 2[EMS] Emergency Medical Services2 Task Force, communications branch; 1and1 a representative from the New Jersey Urban Search and Rescue 2[(USAR)]2 Team, communications branch.

     c.     Public members of council shall be recommended by the appointing authority and subject to confirmation by the commission and shall serve as a member of the council until replaced or removed for cause by the commission or appointing authority.  The council shall have the authority to establish subcommittees as it deems appropriate to carry out the purposes of this act.

     d.    Members of the council shall serve without compensation.

     e.     Each ex-officio member may designate an employee of the member's department or agency to represent the member at meetings or hearings of the council. All designees may lawfully vote and otherwise act on behalf of the members for whom they constitute the designees.

     f.     The council shall be constituted upon the appointment of the majority of its authorized membership and shall have no expiration date.

     g.     The council shall be governed by the charter established by the commission.

 

     7.    The following sections are repealed:

     Section 1 through 8 of P.L.2003, c.235 (C.52:17E-1 et seq.);

     Section 2 of P.L.1989, c.3 (C.52:17C-2); and

     Section 8 of P.L.1999, c.125 (C.52:17C-3.1).

 

     8.    This act shall take effect immediately.