Enrolled Copy H.B. 150
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Emergency Communications Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David Shallenberger
Senate Sponsor: Wayne A. Harper
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LONG TITLE
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General Description:
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This bill modifies provisions related to public safety answering point qualifications for
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proportionate share funding.
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Highlighted Provisions:
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This bill:
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▸ prohibits nonvoting board members from attending closed portions of board meetings;
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▸ changes the comprehensive strategic plan review cycle from annual to every three years;
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▸ requires periodic review and updates of the statewide CAD-to-CAD protocol;
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▸ removes the requirement that all public safety answering points in a county must qualify
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for a proportionate share of remaining funds for any public safety answering point in
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that county to receive funds; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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63H-7a-203, as last amended by Laws of Utah 2024, Chapter 357
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63H-7a-206, as last amended by Laws of Utah 2024, Chapter 357
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63H-7a-208, as last amended by Laws of Utah 2024, Chapter 21
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63H-7a-304.5, as last amended by Laws of Utah 2024, Chapter 357
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Be it enacted by the Legislature of the state of Utah: H.B. 150 Enrolled Copy
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Section 1. Section 63H-7a-203 is amended to read:
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63H-7a-203 . Board established -- Terms -- Vacancies.
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(1) There is created the Utah Communications Authority Board.
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(2) The board shall consist of nine voting board members and two nonvoting board
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members as follows:
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(a) as voting members:
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(i) three individuals appointed by the governor with the advice and consent of the
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Senate;
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(ii) one individual who is not a legislator appointed by the speaker of the House of
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Representatives;
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(iii) one individual who is not a legislator appointed by the president of the Senate;
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(iv) two individuals nominated by an association that represents cities and towns in
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the state and appointed by the governor with the advice and consent of the Senate;
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and
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(v) two individuals nominated by an association that represents counties in the state
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and appointed by the governor with the advice and consent of the Senate; and
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(b) as nonvoting members, the chairs of the public safety advisory committee created in
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Section 63H-7a-207 and the PSAP advisory committee created in Section 63H-7a-208.
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(3) Subject to this section, an individual is eligible for appointment under Subsection (2) if
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the individual has knowledge of at least one of the following:
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(a) law enforcement;
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(b) public safety;
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(c) fire service;
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(d) telecommunications;
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(e) finance;
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(f) management; and
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(g) government.
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(4) An individual may not serve as a voting board member if the individual is a current
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public safety communications network:
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(a) user; or
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(b) vendor.
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(5)(a)(i) Five of the board members appointed under Subsection (2)(a) shall serve an
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initial term of two years and four of the board members appointed under
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Subsection (2)(a) shall serve an initial term of four years.
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(ii) Successor board members shall each serve a term of four years.
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(b)(i) The governor may remove a board member with cause.
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(ii) If the governor removes a board member the entity that appointed the board
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member under Subsection (2)(a) shall appoint a replacement board member in the
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same manner as described in Subsection (2)(a).
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(6)(a) The governor shall, after consultation with the board, appoint a voting board
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member as chair of the board.
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(b) The chair shall serve a two-year term.
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(7) The board shall meet on an as-needed basis and as provided in the bylaws.
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(8)(a) The board shall elect one of the board members to serve as vice chair.
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(b)(i) The board may elect a secretary and treasurer who are not members of the
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board.
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(ii) If the board elects a secretary or treasurer who is not a member of the board, the
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secretary or treasurer does not have voting power.
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(c) A separate individual shall hold the offices of chair, vice chair, secretary, and
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treasurer.
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(9) Except for the nonvoting members described in Subsection (2)(b), each board member,
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including the chair, has one vote.
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(10) A nonvoting member described in Subsection (2)(b) may not attend closed portions of
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board meetings.
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[(10)] (11) A vote of a majority of the board members is necessary to take action on behalf
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of the board.
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[(11)] (12) A board member may not receive compensation for the member's service on the
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board, but may, in accordance with rules adopted by the board in accordance with Title
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63G, Chapter 3, Utah Administrative Rulemaking Act, receive:
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(a) a per diem at the rate established under Section 63A-3-106; and
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(b) travel expenses at the rate established under Section 63A-3-107.
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Section 2. Section 63H-7a-206 is amended to read:
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63H-7a-206 . Required annual reporting and strategic plan.
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(1) The authority shall create, maintain, and review [annually ]a statewide, comprehensive
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multiyear strategic plan, in consultation with state and local stakeholders, the PSAP
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advisory committee, and the public safety advisory committee, that:
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(a) coordinates the authority's activities and duties in the:
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(i) 911 Division;
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(ii) Radio Network Division;
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(iii) Interoperability Division; and
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(iv) Administrative Services Division; and
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(b) includes:
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(i) a plan for maintaining, upgrading, and expanding the public safety
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communications network, including microwave and fiber optics based systems;
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(ii) a plan for statewide interoperability;
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(iii) a plan for statewide coordination;
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(iv) radio network coverage maps; and
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(v) FirstNet standards.
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(2) The executive director shall update the strategic plan described in Subsection (1) every
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three years before July 1 [of each year] beginning July 1, 2025.
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(3) The executive director shall, before December 1 of each year, report on the strategic
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plan described in Subsection (1) to:
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(a) the board;
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(b) the Executive Offices and Criminal Justice Appropriations Subcommittee;
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(c) the Legislative Management Committee; and
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(d) the Retirement and Independent Entities Interim Committee.
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(4) Each report described in Subsection (3) shall include a description of the authority's
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goals for implementation of the strategic plan and a progress report of accomplishments
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and updates to the strategic plan.
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(5) The authority shall consider the strategic plan described in Subsection (1) before
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spending funds in the restricted accounts created by this chapter.
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(6)(a) Following the close of each fiscal year, the executive director shall submit and
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make available to the public an annual report of the authority's activities for the
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preceding year to the governor, the board, the Executive Offices and Criminal Justice
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Appropriations Subcommittee, the Legislative Management Committee, and the
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Retirement and Independent Entities Interim Committee.
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(b) Each report described in Subsection (6)(a) shall include:
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(i) the agency's complete operating and financial statement for the preceding fiscal
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year;
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(ii) the total aggregate surcharge collected by the state in the last fiscal year under
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Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service
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Charges;
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(iii) the amount of each disbursement from the restricted accounts described in:
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(A) Section 63H-7a-304; and
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(B) Section 63H-7a-403;
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(iv) the recipient of each disbursement, the goods and services received, and a
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description of the project funded by the disbursement;
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(v) any conditions the authority placed on the disbursements from a restricted
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account;
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(vi) the anticipated expenditures from the restricted accounts described in this chapter
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for the next fiscal year;
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(vii) the amount of any unexpended funds carried forward; and
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(viii) other relevant justification for ongoing support from the restricted accounts
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created by:
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(A) Section 63H-7a-304; and
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(B) Section 63H-7a-403.
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Section 3. Section 63H-7a-208 is amended to read:
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63H-7a-208 . PSAP advisory committee.
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(1) There is established a PSAP advisory committee composed of nine members appointed
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by the board as follows:
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(a) one representative from a PSAP managed by a city;
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(b) one representative from a PSAP managed by a county;
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(c) one representative from a PSAP managed by a special service district;
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(d) one representative from a PSAP managed by the Department of Public Safety;
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(e) one representative from a PSAP from a county of the first class;
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(f) one representative from a PSAP from a county of the second class;
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(g) one representative from a PSAP from a county of the third or fourth class;
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(h) one representative from a PSAP from a county of the fifth or sixth class; and
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(i) one member from the telecommunications industry.
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(2)(a) Except as provided in Subsection (2)(b), each member shall be appointed to a
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four-year term beginning July 1, 2019.
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(b) Notwithstanding Subsection (2)(a), the board shall:
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(i) at the time of appointment or reappointment, adjust the length of terms to ensure
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that the terms of committee members are staggered so that the terms of
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approximately half of the committee end every two years; and
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(ii) not reappoint a member for more than two consecutive terms.
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(3) If a vacancy occurs in the membership for any reason, the replacement shall be
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appointed by the board for the unexpired term.
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(4)(a) Each January, the committee shall organize and select one of its members as chair
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and one member as vice chair.
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(b) The committee may organize standing or ad hoc subcommittees, which shall operate
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in accordance with guidelines established by the committee.
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(5)(a) The chair shall convene a minimum of four meetings per year.
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(b) The chair may call special meetings.
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(c) The chair shall call a meeting upon request of five or more members of the
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committee.
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(6) Five members of the committee constitute a quorum for the transaction of business, and
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the action of a majority of the members present is the action of the committee.
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(7) A member may not receive compensation or benefits for the member's service.
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(8) The PSAP advisory committee shall, on behalf of stakeholders, make recommendations
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to the director and the board regarding:
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(a) the authority operations and policies;
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(b) the 911 division and interoperability division strategic plans;
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(c) the operation, maintenance, and capital development of the public safety
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communications network;
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(d) the authority's administrative rules relative to the 911 division and the
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interoperability division; and
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(e) the development of minimum standards and best practices as described in Subsection
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63H-7a-302(1)(a).
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(9) [No later than September 30, 2020, the ] The PSAP advisory committee shall[ propose to
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the board a statewide CAD-to-CAD call handling and 911 call transfer protocol.] :
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(a) review and propose updates to the board regarding the statewide CAD-to-CAD call
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handling and 911 call transfer protocol at least every three years; and
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(b) propose updates to the protocol as needed to address technological changes or
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operational needs.
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(10) The chair of the PSAP advisory committee is a nonvoting member of the board.
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(11)(a) The committee is not subject to Title 52, Chapter 4, Open and Public Meetings
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Act.
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(b) The committee shall:
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(i) at least 24 hours before a committee meeting, post a notice of the meeting, with a
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meeting agenda, on the authority's website;
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(ii) within 10 days after a committee meeting, post to the authority's website the
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audio and draft minutes of the meeting; and
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(iii) within three days after the committee approves minutes of a committee meeting,
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post the approved minutes to the authority's website.
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(c) The committee's vice chair is responsible for preparing minutes of committee
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meetings.
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(12) On or before December 31, 2024, the PSAP advisory committee shall coordinate with
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the State Bureau of Investigation to use the intelligence system described in Subsections
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53-10-302(7) and (8) to:
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(a) establish the information a PSAP is required to submit to the intelligence system; and
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(b) create a format for submitting information.
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Section 4. Section 63H-7a-304.5 is amended to read:
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63H-7a-304.5 . Distributions from 911 account to qualifying PSAPs.
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(1) As used in this section:
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(a) "Certified statement" means a statement signed by a PSAP's director or other
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authorized administrator certifying the PSAP's compliance with the requirements of
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Subsection (2)(a).
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(b) "Fiscal year" means the period from July 1 of one year to June 30 of the following
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year.
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(c) "Proportionate share" means a percentage derived by dividing a PSAP's average 911
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call volume, as reported to the State Tax Commission under Section 69-2-302, for the
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preceding three years by the total of the average 911 call volume for the same
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three-year period for all PSAPs that have submitted a certified statement seeking a
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distribution of the applicable remaining funds.
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(d) "Qualifying PSAP" means a PSAP that:
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(i) meets the requirements of Subsection (2)(a) for the period for which remaining
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funds are sought; and
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(ii) submits a timely certified statement to the authority.
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(e) "Remaining funds" means the money remaining in the 911 account after deducting:
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(i) disbursements under Subsections 63H-7a-304(2)(a), (3), and (4);
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(ii) authority expenditures or disbursements in accordance with the authority's
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strategic plan, including expenditures or disbursements to pay for:
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(A) implementing, maintaining, or upgrading the public safety communications
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network or statewide 911 phone system; and
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(B) authority overhead for managing the 911 portion of the public safety
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communications network; and
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(iii) money that the board determines should remain in the 911 account for future use.
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(f) "Required transfer rate" [meansa] means a transfer rate of no more than 2%.
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(g) "Transfer rate" means the same as that term is defined in Section 69-2-204.
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(2)(a) To qualify for a proportionate share of remaining funds, a PSAP shall, for the
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period for which remaining funds are sought:
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(i) have answered:
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(A) 90% of all 911 calls arriving at the PSAP within 15 seconds; and
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(B) 95% of all 911 calls arriving at the PSAP within 20 seconds;
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(ii) have adopted and be using the statewide CAD-to-CAD call handling and 911 call
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transfer protocol adopted by the board under Subsection 63H-7a-204(17);
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(iii) have participated in the authority's annual interoperability exercise;
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(iv) have complied with the required transfer rate; and
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(v) be designated as an emergency medical service dispatch center according to
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Section [26B-4-117] 53-2d-403.
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(b) A PSAP that seeks a proportionate share of remaining funds shall submit a certified
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statement to the authority no later than July 31 following the end of the fiscal year for
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which remaining funds are sought.
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(c) Notwithstanding Subsection (2)(a)[:] ,
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[(i) a qualifying PSAP in a county with multiple PSAPs does not qualify for a
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proportionate share of remaining funds for a period beginning after June 30, 2023,
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unless every PSAP in that county is a qualifying PSAP; and]
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[(ii)] a PSAP described in Subsection 69-2-203(5) does not qualify for remaining
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funds.
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(3)(a) Subject to Subsection (3)(b), for PSAPs that have become qualifying PSAPs for
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the previous fiscal year the authority shall distribute to each qualifying PSAP that
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PSAP's proportionate share of the remaining funds.
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(b) The authority may not distribute more than 20% of remaining funds to any single
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PSAP.
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(4) All money that a PSAP receives under this section is subject to Section 69-2-301.
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Section 5. Effective Date.
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This bill takes effect on May 7, 2025.
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