Revision: March 2, 2010, midnight
HB 213-FN – AS AMENDED BY THE HOUSE
13Jan2010… 2009-2453h
13Jan2010… 0038h
17Feb2010… 0497h
2009 SESSION
09/04
HOUSE BILL 213-FN
AN ACT requiring the bureau of emergency communications to develop and maintain a statewide emergency notification system.
SPONSORS: Rep. Levesque, Hills 5; Rep. Friedrich, Graf 6
COMMITTEE: Science, Technology and Energy
This bill requires the bureau of emergency communications to develop and maintain a statewide emergency notification system. The bill limits funding for implementation of the system to $600,000.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13Jan2010… 2009-2453h
13Jan2010… 0038h
17Feb2010… 0497h
09-0589
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT requiring the bureau of emergency communications to develop and maintain a statewide emergency notification system.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Emergency Notification System. Amend RSA 106-H by inserting after section 15 the following new subdivision:
Emergency Notification System
106-H:16 Emergency Notification System.
I. For the purposes of alerting members of the public about emergencies in a particular area and delivering rapid emergency notification and information, the bureau shall develop and maintain a statewide emergency notification system (ENS). The bureau shall work with technical members from the wireline, wireless, voice over Internet Protocol, and cable industries to ensure the delivery of emergency messages in the most efficient manner and may utilize existing communications systems and networks for emergency state and local governmental purposes.
II. The ENS shall use the E911 database and a database developed for persons who request inclusion in the ENS. All telephone numbers in the E911 database shall automatically be included in the ENS. This data shall remain confidential and shall be used solely by the ENS for the purposes of emergency notification and message delivery.
III. The bureau shall, to the greatest extent possible, ensure that the ENS is fully geographic information system (GIS) capable and able to define an emergency zone by address or geographic area. Telephone numbers shall be linked to a GIS mapping database and able to perform a query based on address or a general geographic area.
IV. The ENS shall include means by which persons can opt-out of the system and also opt-in to the system for communications devices not otherwise included in the system, such as nomadic voice over Internet Protocol phones, internet protocol enabled services, and commercial mobile radio services.
V. To accommodate the use of the ENS during an emergency, the ENS shall be capable of providing a pre-recorded message and delivering that message to a large number of telephones and communications devices.
VI. The bureau shall ensure that every state, county, and local emergency response agency has access to and training in the use of the ENS.
VII. The bureau shall establish policies, standards, and procedures, with the approval of the enhanced 911 commission and the commissioner of safety, for the ENS. The bureau shall conduct regular assessments and internal tests of the ENS to ensure that it is functioning properly in compliance with the requirements of this section and that it meets all federal and state requirements for incident management.
VIII. The bureau, with the approval of the enhanced 911 commission and the commissioner of safety, is authorized to and shall develop and modify the ENS to be compatible with the Federal Communications Commission (FCC) guidelines or requirements for broadcast messaging once adopted.
2 Funding. Amend RSA 106-H:9, I and II to read as follows:
I. The enhanced 911 system and the statewide emergency notification system shall be funded through a surcharge to be levied upon each residence and business telephone exchange line, including PBX trunks and Centrex lines, each individual commercial mobile radio service number, and each semi-public and public coin and public access line. No such surcharge shall be imposed upon more than 25 business telephone exchange lines, including PBX trunks and Centrex lines, or more than 25 commercial mobile radio service exchange lines per customer billing account. In the case of local exchange telephone companies, the surcharge shall be contained within tariffs or rate schedules filed with the public utilities commission and shall be billed on a monthly basis by each local exchange telephone company. In the case of an entity which provides commercial mobile radio service the surcharge shall be billed to each customer on a monthly basis and shall not be subject to any state or local tax; the surcharge shall be collected by the commercial mobile radio service provider, and may be identified on the customer's bill. Each local exchange telephone company or entity which provides commercial mobile radio service shall remit the surcharge amounts on a monthly basis to the enhanced 911 services bureau, which shall be forwarded to the state treasurer for deposit in the enhanced 911 system fund. The state treasurer shall pay expenses incurred in the administration of the enhanced 911 system and the statewide emergency notification system from such fund. Such fund shall not lapse. If the expenditure of additional funds over budget estimates is necessary for the proper functioning of the enhanced 911 system or the statewide emergency notification system, the department of safety may request, with prior approval of the fiscal committee of the general court, the transfer of funds from the enhanced 911 system fund to the department of safety for such purposes. The moneys in the account shall not be used for any purpose other than the development and operation of enhanced 911 services and the statewide emergency notification system, in accordance with the terms of this chapter. Surcharge amounts shall be reviewed after the budget has been approved or modified, and if appropriate, new tariffs or rate schedules shall be filed with the public utilities commission reflecting the surcharge amount.
II. Imposition of the enhanced 911 services surcharge shall [begin not later than 4 months from the approval of the budget, in order to] provide adequate funding for the development of the enhanced 911 database, the statewide emergency notification system database, and other operations [necessary to the development] of the enhanced 911 system and the statewide emergency notification system.
3 Limitation of Liability. Amend RSA 508:12-a, III to read as follows:
III. No person or corporation shall be liable in any suit for civil damages who, in good faith and without willful or wanton negligence receives, develops, collects, or processes information for the enhanced 911 database or the statewide emergency notification system (ENS) database, relays or transfers enhanced 911 services, transmits ENS messages and notifications to the public, or provides emergency telephone and radio communications for ambulance, police and fire departments.
4 Funding of Statewide Emergency Notification System Implementation. Funding for implementation of the statewide emergency notification system required by this act, including funds for software and hardware but excluding phones, shall be limited to $600,000.
5 Effective Date. This act shall take effect 30 days after its passage.
LBAO
09-0589
Amended 03/02/10
HB 213 FISCAL NOTE
AN ACT requiring the bureau of emergency communications to develop and maintain a statewide emergency notification system.
FISCAL IMPACT:
The Department of Safety states this bill, as amended by the House (Amendment #2010-0497h), will increase state restricted expenditures by $610,000 in FY 2011 and $72,000 in FY 2012 and each fiscal year thereafter. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Department of Safety states this bill requires the Department to develop and maintain a statewide emergency notification system and limits funding for implementation of the system to $600,000. The Department projects the additional hardware and software needed to convert existing systems to provide rapid emergency notification to citizens in a specific area of the State in a short period of time will not exceed $600,000. The annual operating cost of this system will include maintaining the necessary phone lines estimated at a cost of $12,000 per year and software maintenance coverage of $60,000 per year. The Department assumes a July 1, 2010 effective date and two months to purchase and install the equipment upgrades, therefore, FY 2011 phone costs are estimated at $10,000 ($12,000 * 10/12). Expenses will be paid from the restricted E-911 fund.