Chapter 518a - Emergency Telecommunications

Sec. 28-24. Division of State-Wide Emergency Telecommunications. Enhanced emergency 9-1-1 program. Funding. (a) There is established a Division of State-Wide Emergency Telecommunications which shall be within the Department of Emergency Services and Public Protection. The Division of State-Wide Emergency Telecommunications shall be responsible for developing and maintaining a state-wide emergency service telecommunications policy. In connection with said policy, the division shall:

(1) Develop a state-wide emergency service telecommunications plan specifying emergency police, fire and medical service telecommunications systems needed to provide coordinated emergency service telecommunications to all state residents, including persons with physical disabilities and persons in need of mental health, behavioral health or substance use disorder services;

(2) (A) Develop and administer an enhanced emergency 9-1-1 program, which shall provide for: (i) The replacement of existing 9-1-1 terminal equipment for each public safety answering point; (ii) the subsidization of regional public safety emergency telecommunications centers, with enhanced subsidization (I) for municipalities with a population of forty thousand or more, and (II) pursuant to subparagraph (B) of this subdivision, for such centers serving at least one municipality with a population of one hundred thousand or more as of July 1, 2016; (iii) the establishment of incentives to encourage regionalization of public safety answering points, which incentives shall include, but not be limited to, a transition grant program; (iv) the establishment of a regional emergency telecommunications service credit in order to support regional dispatch services; and (v) the implementation of the next generation 9-1-1 telecommunication system;

(B) (i) Beginning July 1, 2019, and ending on the date a regulation described in subparagraph (B)(v) of this subdivision is posted on the eRegulations System by the Secretary of the State in accordance with section 4-172, or on May 1, 2020, whichever is sooner, enhanced subsidization payments for any regional public safety emergency telecommunications center described in subparagraph (A)(ii)(II) of this subdivision shall be calculated in accordance with the provisions of this subparagraph, provided subsidization payments for regional public safety emergency telecommunications centers other than those described in said subparagraph shall not be decreased as a result of such calculation.

(ii) As used in this subparagraph:

(I) “Division” means the Division of State-Wide Emergency Telecommunications;

(II) “RPOP” means the aggregate population of the towns or cities served by the regional public safety emergency telecommunications center as determined by the most recent population figures from the Department of Public Health;

(III) “RPV” means the regional population value calculated by identifying the total annual subsidy paid by the division for the fiscal year ending June 30, 2018, to all regional public safety emergency telecommunications centers, multiplying such total annual subsidy payment by twenty-five per cent, and dividing such product by the aggregate population of the towns or cities served by all such centers in existence on December 31, 2017, as determined by the population figures from the Department of Public Health on said date;

(IV) “RCV” means the regional call value calculated by the total annual subsidy paid by the division for the fiscal year ending June 30, 2017, to all regional public safety emergency telecommunications centers, multiplying such total annual subsidy by seventy-five per cent, and dividing such product by the number of 9-1-1 calls received for the fiscal year ending June 30, 2018, at all such centers in existence on December 31, 2017;

(V) “RCALL” means the average, over the most recent three calendar years, of the number of 9-1-1 calls annually received by a regional public safety emergency telecommunications center; and

(VI) “RT” means the enhanced subsidization payment calculated under this subdivision for a regional public safety emergency telecommunications center described in subparagraph (A)(ii)(II) of this subdivision.

(iii) (I) On July 1, 2020, and annually thereafter, RPV and RCV shall be adjusted by the division in accordance with any increase in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the three calendar years preceding such adjustment.

(II) In the case of a member town or city of a regional public safety emergency telecommunications center for which such center does not provide emergency police, fire and medical services and emergency medical dispatch services, the RPOP and RCALL of such town or city shall not be included in such center's totals for the purpose of calculating enhanced subsidization payments under this subdivision, except that if such town or city is served exclusively by the Connecticut State Police for law enforcement purposes, the RPOP and RCALL of such town or city shall be so included only to the extent of the provision of emergency police services.

(iv) The enhanced subsidization payment for a regional public safety emergency telecommunications center described in subparagraph (A)(ii)(II) of this subdivision shall be calculated as follows:

RT = (RPOP × RPV) + (RCALL × RCV).

(v) The provisions of this subparagraph shall cease to be effective on the date of the posting on the eRegulations System by the Secretary of the State in accordance with section 4-172 of a regulation adopted by the division pursuant to subsection (b) of this section that incorporates a substantially similar formula for the calculation of enhanced subsidization payments under this subparagraph, or on May 1, 2020, whichever is sooner. Until such provisions cease to be effective, the division shall examine the application of a cost-of-living adjustment to such formula and, not later than February 15, 2020, report to the joint standing committee of the General Assembly having cognizance of matters relating to public safety, in accordance with the provisions of section 11-4a, on such examination including any recommendations for legislative action.

(3) Provide technical telecommunications assistance to state and local police, fire and emergency medical service agencies;

(4) Provide frequency coordination for such agencies;

(5) Coordinate and assist in state-wide planning for 9-1-1, E 9-1-1 and the next generation 9-1-1 telecommunication systems, with a focus on facilitating the regionalization of public safety answering points;

(6) Review and make recommendations concerning proposed legislation affecting emergency service telecommunications;

(7) Review and make recommendations to the General Assembly concerning emergency service telecommunications funding, including ways to reduce costs by removing barriers to consolidation of existing public safety answering points; and

(8) On or before January first of each year, prepare the annual budget for the use of funds from the Enhanced 9-1-1 Telecommunications Fund and submit such budget to the Secretary of the Office of Policy and Management for the secretary's review and approval. On or before January fifteenth of each year, said secretary shall submit a report concerning the proposed use of such funds to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, finance, revenue and bonding, and public safety in accordance with the provisions of section 11-4a.

(b) The Commissioner of Emergency Services and Public Protection shall adopt regulations, in accordance with chapter 54, establishing eligibility standards for state financial assistance to local or regional police, fire and emergency medical service agencies providing emergency service telecommunications. Not later than April 1, 1997, the commissioner shall adopt regulations, in accordance with chapter 54, in order to carry out the provisions of subdivision (2) of subsection (a) of this section. Such regulations shall be amended to adopt a formula for the calculation of enhanced subsidization payments that is substantially similar to the formula contained in subparagraph (B) of subdivision (2) of subsection (a) of this section.

(c) Within a time period determined by the commissioner to ensure the availability of funds for the fiscal year beginning July 1, 1997, to the regional emergency telecommunications centers within the state, and not later than April first of each year thereafter, the commissioner shall determine the amount of funding needed for the development and administration of the enhanced emergency 9-1-1 program. The commissioner shall specify the expenses associated with (1) the purchase, installation and maintenance of new public safety answering point terminal equipment, (2) the implementation of the subsidy program, as described in subdivision (2) of subsection (a) of this section, (3) the establishment of incentives to encourage regionalization of public safety answering points, including the implementation of the transition grant program, described in subdivision (2) of subsection (a) of this section, (4) the implementation of the regional emergency telecommunications service credit, as described in subdivision (2) of subsection (a) of this section, provided, for the fiscal year ending June 30, 2001, and each fiscal year thereafter, such credit for coordinated medical emergency direction services as provided in regulations adopted under this section shall be based upon the factor of thirty cents per capita and shall not be reduced each year, (5) the training of personnel, as necessary, (6) recurring expenses and future capital costs associated with the telecommunications network used to provide emergency 9-1-1 service and the public safety services data networks, (7) for the fiscal year ending June 30, 2001, and each fiscal year thereafter, the collection, maintenance and reporting of emergency medical services data, as required under subparagraph (A) of subdivision (8) of section 19a-177, provided the amount of expenses specified under this subdivision shall not exceed two hundred fifty thousand dollars in any fiscal year, (8) for the fiscal year ending June 30, 2001, and each fiscal year thereafter, the initial training of emergency medical dispatch personnel, the provision of an emergency medical dispatch priority reference card set and emergency medical dispatch training and continuing education pursuant to subdivisions (3) and (4) of subsection (g) of section 28-25b, (9) the administration of the enhanced emergency 9-1-1 program by the Division of State-Wide Emergency Telecommunications, as the commissioner determines to be reasonably necessary, and (10) the implementation and maintenance of the public safety data network established pursuant to section 29-1j. The commissioner shall communicate the commissioner's findings to the Public Utilities Regulatory Authority not later than April first of each year.

(d) The division may apply for, receive and distribute any federal funds available for emergency service telecommunications. The division shall deposit such federal funds in the Enhanced 9-1-1 Telecommunications Fund established pursuant to section 28-30a.

(e) The division shall work in cooperation with the Public Utilities Regulatory Authority to carry out the purposes of this section.

(P.A. 81-458, S. 1, 4; P.A. 82-87, S. 1, 2; May Sp. Sess. P.A. 92-12, S. 4, 10; P.A. 93-206, S. 5, 16; P.A. 96-150, S. 1, 5; P.A. 00-151, S. 6, 14; P.A. 05-181, S. 1; P.A. 06-196, S. 157; P.A. 11-51, S. 105, 164; 11-80, S. 1, 85; 11-242, S. 36; P.A. 12-68, S. 2; June 12 Sp. Sess. P.A. 12-1, S. 241; P.A. 16-150, S. 1; P.A. 19-79, S. 1; P.A. 22-47, S. 22.)

History: P.A. 82-87 amended Subsec. (a) by changing the office of state-wide emergency telecommunications to a bureau within the department of administrative services; May Sp. Sess. P.A. 92-12 amended Subsec. (a) to provide that bureau be within department of public safety in lieu of department of administrative services for administrative purposes only and to eliminate the position of administrator, redesignated Subsec. (a)(7) as Subsec. (b) and required public safety commissioner to adopt regulations in lieu of administrator, and relettered Subsecs. (b) and (c) as Subsecs. (c) and (d), respectively, substituting bureau for administrator; P.A. 93-206 amended section to substitute office of state-wide emergency telecommunications for bureau and amended Subsec. (a) to require said office to be in division of fire, emergency and building services, effective July 1, 1993; P.A. 96-150 added detailed provisions re implementing enhanced 9-1-1 program in new Subsecs. (a)(2) and (c), renumbering and relettering prior provisions as necessary and added provision in Subsec. (d) re deposit of federal funds in Enhanced 9-1-1 Telecommunications Fund, effective May 31, 1996; P.A. 00-151 amended Subsec. (c) by making technical changes and adding provisions re calculation of coordinated medical emergency direction services credit, funding for emergency medical services data collection and reporting, and funding for emergency medical dispatch, effective July 1, 2000; P.A. 05-181 amended Subsec. (a)(2)(B) to substitute 40,000 for 70,000, amended Subsec. (c)(4) to substitute $0.30 per capita for $0.15 per capita, and amended Subsec. (c)(6) to include reference to the public safety services data networks, effective July 1, 2005; P.A. 06-196 made a technical change in Subsec. (a)(5), effective June 7, 2006; P.A. 11-51 amended Subsec. (a) to delete references to the office being within Division of Fire, Emergency and Building Services within the Department of Public Safety and to place the office within Department of Emergency Services and Public Protection, and changed “Commissioner of Public Safety” to “Commissioner of Emergency Services and Public Protection” in Subsecs. (a)(2) and (b), effective July 1, 2011; P.A. 11-80 changed “chairperson of the Public Utilities Control Authority” to “Public Utilities Regulatory Authority” in Subsec. (c) and changed “Department of Public Utility Control” to “Public Utilities Regulatory Authority” in Subsec. (e), effective July 1, 2011; P.A. 11-242 eliminated reference to Sec. 19a-177(8)(B) in Subsec. (c)(7); P.A. 12-68 amended Subsec. (c) to add Subdiv. (10) re implementation and maintenance of public safety data network, effective July 1, 2012; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a) to add Subdiv. (8) re preparation of annual budget for use of funds from Enhanced 9-1-1 Telecommunications Fund and submission thereof to Secretary of the Office of Policy and Management and submission by secretary of report re proposed use of funds to legislative committees, effective July 1, 2012; P.A. 16-150 replaced “Office of State-Wide Emergency Telecommunications” with “Division of State-Wide Emergency Telecommunications”, amended Subsec. (a) to delete reference to recommendations of task force and add Subpara. (E) re implementation of next generation 9-1-1 telecommunication system in Subdiv. (2), and made technical and conforming changes; P.A. 19-79 substantially amended Subsec. (a)(2) including by designating existing provisions re enhanced emergency 9-1-1 program as new Subpara. (A) and amending same by redesignating existing Subparas. (A) and (B) as clauses (i) and (ii), adding provision re centers serving at least one municipality with a population of 100,000 or more as of July 1, 2016 in redesignated clause (ii), designating existing provisions re encouragement of regionalization as clause (iii) and amending same to replace “a transition grant program” with “incentives”, and adding “which incentives shall include, but not be limited to, a transition grant program”, designating existing provisions re service credit as clause (iv), designating existing provision re next generation 9-1-1 telecommunication system as clause (v), adding new Subpara. (B) re enhanced subsidization payments for regional public safety emergency telecommunication center, amended Subsec. (a)(5) by adding provision re focus on facilitating regionalization of public safety answering points, amended Subsec. (a)(7) by adding provision re ways to reduce costs, amended Subsec. (b) by adding provision re amending regulations to adopt formula for calculation of enhanced subsidization payments, amended Subsec. (c)(3) by adding provision re establishment of incentives to encourage regionalization of public safety answering points, and made technical changes, effective July 1, 2019; P.A. 22-47 amended Subsec. (a)(1) by replacing “physically disabled” with “persons with physical disabilities” and adding reference to “persons in need of mental health, behavioral health or substance use disorder services”.

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Sec. 28-25. Enhanced 9-1-1 service and next generation 9-1-1 telecommunication system. Definitions. As used in this section and sections 28-25a to 28-29b, inclusive:

(1) “Automatic number identification” means an enhanced 9-1-1 service and a next generation 9-1-1 telecommunication system capability that enables the automatic display of the telephone number used to place a 9-1-1 call.

(2) “Automatic location identification” means an enhanced 9-1-1 service and a next generation 9-1-1 telecommunication system capability that enables the automatic display of information defining the geographical location of the telephone used to place a 9-1-1 call.

(3) “Division” means the Division of State-Wide Emergency Telecommunications.

(4) “Commission” means the E 9-1-1 Commission created by section 28-29a.

(5) “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 such users to reach a public safety answering point by dialing the digits “9-1-1”. Such service directs 9-1-1 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification features.

(6) “Enhanced 9-1-1 network features” means those features of selective routing which have the capability of automatic number and location identification.

(7) “Municipality” means any town, city, borough, consolidated town and city or consolidated town and borough.

(8) “Public safety agency” means a functional division of a municipality or the state which provides fire fighting, law enforcement, ambulance, medical or other emergency services.

(9) “Private safety agency” means any entity, except a municipality or a public safety agency, providing emergency fire, ambulance or medical services.

(10) “Public safety answering point” means a facility, operated on a twenty-four-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 a 9-1-1 call and serves the jurisdictions in which it is located or other participating jurisdictions.

(11) “Selective routing” means the method employed to direct 9-1-1 calls to the appropriate public safety answering point based on the geographical location from which the call originated.

(12) “Telephone company” includes every corporation, company, association, joint stock association, partnership or person, or lessee thereof, owning, leasing, maintaining, operating, managing or controlling poles, wires, conduits or other fixtures, in, under or over any public highway or street, for the provision of telephone exchange and other systems and methods of telecommunications and services related thereto in or between any or all of the municipalities of this state.

(13) “Private branch exchange” means an electronic telephone exchange installed on the user's premises to allow internal dialing from station to station within such premises and connection to outgoing and incoming lines to the public switched network of a telephone company.

(14) “Private safety answering point” means a facility within a private company, corporation or institution, operated on a twenty-four-hour basis, and assigned the responsibility of receiving 9-1-1 calls routed by a private branch exchange and, directly dispatching in-house emergency response services, or transferring or relaying emergency 9-1-1 calls to other public or private safety agencies.

(15) “Emergency medical dispatch” means the management of requests for emergency medical assistance by utilizing a system of (A) tiered response or priority dispatching of emergency medical resources based on the level of medical assistance needed by the victim, and (B) prearrival first aid or other medical instructions given by trained personnel who are responsible for receiving 9-1-1 calls and directly dispatching emergency response services.

(16) “Emergency notification system” means a service that notifies the public of an emergency.

(17) “Subscriber information” means the name, address and telephone number contained in the enhanced 9-1-1 service database of any telephone used to place a 9-1-1 call or that is used in connection with an emergency notification system.

(18) “Certified telecommunications provider” has the same meaning as provided in section 16-1.

(19) “Prepaid wireless telecommunications service” has the same meaning as provided in section 28-30b.

(20) “Next generation 9-1-1 telecommunication system” means a system comprised of managed Internet protocol networks that utilizes enhanced 9-1-1 network features and enables users to reach a public safety answering point by making a 9-1-1 call.

(21) “9-1-1 call” means a voice, text message, video or image communication that is routed to a public safety answering point or a private safety answering point by dialing or otherwise accessing the digits “9-1-1”.

(P.A. 84-416, S. 1, 15; P.A. 90-230, S. 42, 101; P.A. 91-360, S. 1, 4; P.A. 93-206, S. 6, 16; P.A. 00-151, S. 7, 14; P.A. 09-86, S. 1; P.A. 12-153, S. 4; P.A. 16-150, S. 2.)

History: P.A. 90-230 deleted internal reference in opening paragraph; P.A. 91-360 added Subdivs. (13) and (14) defining “private branch exchange” and “private safety answering point”; P.A. 93-206 amended Subdiv. (3) to substitute “office” for “bureau”, effective July 1, 1993; (Revisor's note: In 1997 a reference at the beginning of the section to repealed Sec. 16-19y was deleted editorially by the Revisors); P.A. 00-151 added new Subdiv. (15) defining “emergency medical dispatch”, effective July 1, 2000; P.A. 09-86 made technical changes in the introductory language and in Subdiv. (1) and added Subdivs. (16) and (17) defining “emergency notification system” and “subscriber information”, effective July 1, 2009; P.A. 12-153 added Subdiv. (18) defining “certified telecommunications provider” and added Subdiv. (19) defining “prepaid wireless telecommunications service”, effective January 1, 2013; P.A. 16-150 redefined “automatic number identification” and “automatic location identification” by adding reference to next generation 9-1-1 telecommunication system in Subdivs. (1) and (2), amended Subdiv. (3) by replacing “Office” with “Division”, added Subdiv. (20) defining “next generation 9-1-1 telecommunication system” and added Subdiv. (21) defining “9-1-1 call”.

Cited. 223 C. 731.

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Sec. 28-25a. Responsibilities of telephone companies and municipalities. (a)(1) In order to establish the state-wide enhanced 9-1-1 service, every telephone company providing service within the state shall provide, not later than December 31, 1989, selective routing, automatic number identification and automatic location identification in compliance with a time schedule approved by the division.

(2) In order to establish the next generation 9-1-1 telecommunication system, every telephone company providing service within the state shall provide selective routing, automatic number identification and automatic location identification, and may provide the latitude and longitude of any telephone or device used to place a 9-1-1 call, in compliance with a time schedule approved by the division.

(b) Each municipality shall, not later than December 31, 1989, establish and operate a public safety answering point which utilizes enhanced 9-1-1 network features.

(c) No provision of section 28-25, this section and sections 28-25b, 28-26, 28-27, 28-27a, 28-28, 28-28a, 28-28b, 28-29, 28-29a and 28-29b shall be construed to prohibit or discourage in any manner the formation of multiagency, multijurisdictional or regional public safety answering points. Any public safety answering point established pursuant to said sections may serve the jurisdiction of more than one public agency or a segment of the jurisdiction of a municipality.

(P.A. 84-416, S. 2, 15; P.A. 90-230, S. 43, 101; P.A. 93-206, S. 7, 16; P.A. 16-150, S. 3.)

History: P.A. 90-230 deleted internal references in Subsec. (c); P.A. 93-206 amended Subsec. (a) to substitute “office” for “bureau”, effective July 1, 1993; P.A. 16-150 amended Subsec. (a) by designating existing provision re enhanced 9-1-1 service as Subdiv. (1), deleting “features as a tariffed service” and replacing “office” with “division” therein, and adding Subdiv. (2) re next generation 9-1-1 telecommunication system.

Cited. 223 C. 731.

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Sec. 28-25b. Public safety answering points. Automatic alarms or alerting devices. Private safety answering points. Report. Emergency medical dispatch. (a) Each public safety answering point shall be capable of transmitting requests for law enforcement, fire fighting, medical, ambulance or other emergency services to a public or private safety agency that provides the requested services.

(b) Each public safety answering point shall be equipped with a system approved by the division for the processing of requests for emergency services from the physically disabled.

(c) No person shall connect to a telephone company's network any automatic alarm or other automatic alerting device which causes the number “9-1-1” to be automatically dialed and provides a prerecorded message in order to directly access emergency services, except for a device approved by the division.

(d) Except as provided in subsection (e) of this section, no person, firm or corporation shall program any telephone or associated equipment with outgoing access to the public switched network of a telephone company so as to prevent a 9-1-1 call from being transmitted from such telephone to a public safety answering point.

(e) A private company, corporation or institution which has full-time law enforcement, fire fighting and emergency medical service personnel, with the approval of the division and the municipality in which it is located, may establish 9-1-1 service to enable users of telephones within their private branch exchange to reach a private safety answering point by dialing or otherwise accessing the digits “9-1-1”. Such 9-1-1 service shall provide the capability to deliver and display automatic number identification and automatic location identification by electronic or manual methods approved by the division to the private safety answering point. Prior to the installation and utilization of such 9-1-1 service, each municipality in which it will function, shall submit a private branch exchange 9-1-1 utilization plan to the division in a format approved by the division. Such plan shall be approved by the chief executive officer of such municipality who shall attest that the dispatch of emergency response services from a private safety answering point is equal to, or better than, the emergency response services dispatched from a public safety answering point.

(f) On and after January 1, 2001, each public safety answering point shall submit to the division, on a quarterly basis, a report of all 9-1-1 calls for services received through the enhanced 9-1-1 service and the next generation 9-1-1 telecommunication system by the public safety answering point. Such report shall include, but not be limited to, the following information: (1) The number of 9-1-1 calls during the reporting quarter; and (2) for each such call, the elapsed time period from the time the call was received to the time the call was answered, and the elapsed time period from the time the call was answered to the time the call was transferred or terminated, expressed in time ranges or fractile response times. The information required under this subsection may be submitted in any written or electronic form selected by such public safety answering point and approved by the Commissioner of Emergency Services and Public Protection, provided the commissioner shall take into consideration the needs of such public safety answering point in approving such written or electronic form. On a quarterly basis, the division shall make such information available to the public and shall post such information on its Internet web site.

(g) (1) Not later than July 1, 2004, each public safety answering point shall provide emergency medical dispatch, or shall arrange for emergency medical dispatch to be provided by a public safety agency, private safety agency or regional emergency telecommunications center, in connection with all 9-1-1 calls received by such public safety answering point for which emergency medical services are required. Any public safety answering point that arranges for emergency medical dispatch to be provided by a public safety agency, private safety agency or regional emergency telecommunications center shall file with the division such documentation as the division may require to demonstrate that such public safety agency, private safety agency or regional emergency telecommunications center satisfies the requirements of subdivisions (2) and (3) of this subsection.

(2) Each public safety answering point, public safety agency, private safety agency or regional emergency telecommunications center performing emergency medical dispatch in accordance with subdivision (1) of this subsection shall establish and maintain an emergency medical dispatch program. Such program shall include, but not be limited to, the following elements: (A) Medical interrogation, dispatch prioritization and prearrival instructions in connection with 9-1-1 calls requiring emergency medical services shall be provided only by personnel who have been trained in emergency medical dispatch through satisfactory completion of a training course provided or approved by the division under subdivision (3) of this subsection; (B) a medically approved emergency medical dispatch priority reference system shall be utilized by such personnel; (C) emergency medical dispatch continuing education shall be provided for such personnel; (D) a mechanism shall be employed to detect and correct discrepancies between established emergency medical dispatch protocols and actual emergency medical dispatch practice; and (E) a quality assurance component shall be implemented to monitor, at a minimum, (i) emergency medical dispatch time intervals, (ii) the utilization of emergency medical dispatch program components, and (iii) the appropriateness of emergency medical dispatch instructions and dispatch protocols. The quality assurance component shall be prepared with the assistance of a physician licensed in this state who is trained in emergency medicine and shall provide for an ongoing review of the effectiveness of the emergency medical dispatch program.

(3) Not later than July 1, 2001, the division shall provide an emergency medical dispatch training course and an emergency medical dispatch continuing education course, or approve any emergency medical dispatch training course and emergency medical dispatch continuing education course offered by other providers, that meets the requirements of the U.S. Department of Transportation, National Highway Traffic Safety Administration, Emergency Medical Dispatch (EMD): National Standard Curriculum, as from time to time amended.

(4) The division shall provide each public safety answering point or regional emergency telecommunications center performing emergency medical dispatch in accordance with subdivision (1) of this subsection with initial training of emergency medical dispatch personnel and an emergency medical dispatch priority reference card set.

(P.A. 84-416, S. 3, 15; P.A. 89-118, S. 1; P.A. 91-360, S. 2, 4; P.A. 93-206, S. 8, 16; P.A. 00-151, S. 8, 14; P.A. 06-195, S. 57; P.A. 11-51, S. 134; P.A. 16-150, S. 4.)

History: P.A. 89-118 added a new Subsec. (d), prohibiting the programming of any telephone so as to prevent the transmission of a 9-1-1 call to a public safety answering point; P.A. 91-360 added a new Subsec. (e), permitting private companies, corporations or institutions which have full-time security, fire and emergency medical service personnel to establish 9-1-1 service to enable users of telephones within such companies or institutions to reach a private safety answering point, and amended Subsec. (d) to add an exception for provisions of Subsec. (e); P.A. 93-206 amended Subsecs. (b), (c) and (e) to substitute “office” for “bureau”, effective July 1, 1993; P.A. 00-151 added new Subsecs. (f) and (g) re information reporting and emergency medical dispatch, effective July 1, 2000; P.A. 06-195 amended Subsec. (f) by requiring public safety answering points to report all calls for services received through 9-1-1 system, by deleting provision re medical emergency in Subdiv. (1), by revising reporting requirements re elapsed time period of calls in Subdiv. (2) and by deleting provision requiring quarterly submission of information to Commissioner of Public Health, effective June 7, 2006; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” in Subsec. (f), effective July 1, 2011; P.A. 16-150 amended Subsecs. (b), (c) and (e) to (g) by replacing “office” with “division”, further amended Subsec. (c) by deleting “and required by a physically disabled person to access a public safety answering point”, further amended Subsec. (e) by adding “or otherwise accessing”, further amended Subsec. (f) by adding reference to enhanced 9-1-1 service and next generation 9-1-1 telecommunication system, and made technical and conforming changes.

Cited. 223 C. 731.

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Sec. 28-26. Conversion of coin telephones for provision of enhanced 9-1-1 service. As enhanced 9-1-1 service becomes available, each telephone company shall convert, in accordance with an electronic switching systems modernization schedule submitted to and approved by the Public Utilities Regulatory Authority, each coin telephone within areas served by such enhanced 9-1-1 service to dial tone first capability, which shall allow a caller to dial 9-1-1 without first inserting a coin or paying any other charge. Each telephone company shall prominently display instructions on how to access the enhanced 9-1-1 system on those coin telephones which have been converted to dial tone first capability.

(P.A. 84-416, S. 4, 15; P.A. 11-80, S. 1.)

History: Pursuant to P.A. 11-80, “Department of Public Utility Control” was changed editorially by the Revisors to “Public Utilities Regulatory Authority”, effective July 1, 2011.

Cited. 223 C. 731.

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Sec. 28-27. Implementation of enhanced 9-1-1 service and next generation 9-1-1 telecommunication system. Technical and operational standards. Regulations. (a) The division shall, subject to review by the commission, administer and coordinate the implementation of enhanced 9-1-1 service and the next generation 9-1-1 telecommunication system in the state.

(b) The division, in consultation with the Public Utilities Regulatory Authority, telephone companies, municipalities and public safety agencies, and subject to the review and approval of the commission, shall establish technical and operational standards for the establishment of public safety answering points which utilize enhanced 9-1-1 network features in accordance with the provisions of sections 28-25, 28-25a, 28-25b, 28-26, 28-27a, 28-28, 28-28a, 28-28b, 28-29, 28-29a and 28-29b on or before June 30, 1985. The division, in consultation with private companies, corporations or institutions, and subject to the review and approval of the commission, shall establish technical and operational standards for the establishment of private safety answering points which utilize enhanced 9-1-1 network features in accordance with the provisions of said sections on or before September 1, 1991, and at any time the division may amend such standards. Municipalities shall comply with such standards in the design, implementation and operation of public safety answering points. The division may inspect each public safety answering point and private safety answering point which utilizes enhanced 9-1-1 network features to determine if it meets the requirements of said sections and the technical and operational standards established pursuant to this section.

(c) The Commissioner of Emergency Services and Public Protection, in consultation with the commission, shall adopt regulations in accordance with the provisions of chapter 54 concerning the establishment and operation of public safety answering points and private safety answering points.

(P.A. 84-416, S. 5, 15; P.A. 90-230, S. 44, 101; P.A. 91-360, S. 3, 4; May Sp. Sess. P.A. 92-12, S. 5, 10; P.A. 93-206, S. 9, 16; P.A. 11-51, S. 134; 11-80, S. 1; P.A. 16-150, S. 5.)

History: P.A. 90-230 deleted internal references in Subsec. (b); P.A. 91-360 amended Subsec. (b) to require establishment of technical and operational standards for private safety answering points which utilize enhanced 9-1-1 network features on or before September 1, 1991, and added Subsec. (c), requiring adoption of regulations concerning establishment and operation of public safety answering points and private safety answering points; May Sp. Sess. P.A. 92-12 amended Subsec. (c) to require public safety commissioner to adopt regulations, in consultation with commission, in lieu of bureau, subject to review and approval of commission; P.A. 93-206 amended Subsecs. (a) and (b) to substitute “office” for “bureau”, effective July 1, 1993; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” in Subsec. (c), effective July 1, 2011; pursuant to P.A. 11-80, “Department of Public Utility Control” was changed editorially by the Revisors to “Public Utilities Regulatory Authority” in Subsec. (b), effective July 1, 2011; P.A. 16-150 amended Subsecs. (a) and (b) by replacing “office” with “division”, further amended Subsec. (a) by adding reference to next generation 9-1-1 telecommunication system and further amended Subsec. (b) by adding provision re division may amend standards.

Cited. 223 C. 731.

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Sec. 28-27a. Municipalities and public safety answering points to submit 9-1-1 service utilization plan. (a) Any municipality proposing the creation of a public safety answering point or any public safety answering point proposing any change to the operation, location, jurisdiction or utilized public safety agencies of such public safety answering point shall submit a proposed 9-1-1 service utilization plan to the division for its review and approval prior to implementation. The division shall review each proposed plan to determine if it meets the requirements of sections 28-25, 28-25a, 28-25b, 28-26, 28-27, 28-28, 28-28a, 28-28b, 28-29, 28-29a and 28-29b and the technical and operational standards established pursuant to section 28-27.

(b) On or before January 1, 2017, and annually thereafter, each public safety answering point shall certify to the division, in such manner and form as prescribed by the division, that the information contained in the 9-1-1 service utilization plan is accurate.

(P.A. 84-416, S. 6, 15; P.A. 90-230, S. 45, 101; May Sp. Sess. P.A. 92-12, S. 6, 10; P.A. 93-206, S. 10, 16; P.A. 11-51, S. 134; P.A. 16-150, S. 6.)

History: P.A. 90-230 deleted internal references in Subsec. (a); May Sp. Sess. P.A. 92-12 amended Subsec. (b) to require public safety commissioner to adopt regulations, in consultation with commission, in lieu of bureau, subject to review and approval of commission; P.A. 93-206 substituted “office” for “bureau”, effective July 1, 1993; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” in Subsec. (b), effective July 1, 2011; P.A. 16-150 amended Subsec. (a) by adding provision re public safety answering point, replacing “office” with “division” and deleting provision re filing municipal plan with telephone company, amended Subsec. (b) by deleting provision re submitting plan on or before December 31, 1986, and adding provision re annual certification, redesignated existing provision in Subsec. (b) re regulations as Subsec. (c) and amended same by replacing “final” with “9-1-1 service utilization”, and made conforming changes.

Cited. 223 C. 731.

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Sec. 28-28. Emergency service requests from outside of jurisdiction. Advertisement of emergency telephone numbers other than 9-1-1 prohibited. (a) A public safety agency which receives a request for emergency service outside of its jurisdiction shall promptly forward the request to the public safety answering point or public safety agency responsible for that geographical area. Any emergency unit dispatched to a location outside its jurisdiction in response to such a request shall render service to the requesting party until relieved by the public safety agency responsible for that geographical area.

(b) Municipalities may enter into written cooperative agreements to carry out the provisions of subsection (a) of this section.

(c) No public safety agency shall advertise or otherwise promote the use of any telephone number for emergency response services other than “9-1-1”, except when enhanced 9-1-1 service or the next generation 9-1-1 telecommunication system is not in operation.

(P.A. 84-416, S. 7, 15; P.A. 89-118, S. 2; P.A. 16-150, S. 7.)

History: P.A. 89-118 added a new Subsec. (c), prohibiting public safety agencies from advertising or promoting use of any emergency telephone number other than 9-1-1; P.A. 16-150 amended Subsec. (c) by adding reference to next generation 9-1-1 telecommunication system.

Cited. 223 C. 731.

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Sec. 28-28a. Provision of subscriber information: Permitted purposes; confidentiality; agreement. Immunity from liability. (a) A telephone company or voice over Internet protocol service provider, as defined in section 28-30b, shall forward to any public safety answering point or other answering point equipped for the enhanced 9-1-1 service or the next generation 9-1-1 telecommunication system the telephone number and street address of any telephone or device used to place a 9-1-1 call and may forward the latitude and longitude of any telephone or device used to place a 9-1-1 call, provided a voice over Internet protocol service provider shall be in compliance with this subsection if the provider complies with the requirements for forwarding such information in accordance with federal regulations and this chapter, provided the provisions of this chapter are not addressed by, or are not inconsistent with, federal law or regulations regarding the provision of enhanced 9-1-1 service and the next generation 9-1-1 telecommunication system in the state of Connecticut. Subscriber information provided in accordance with this subsection shall be used only for the following purposes: (1) Responding to 9-1-1 calls, (2) investigating false or intentionally misleading reports of incidents requiring emergency service, or (3) enabling emergency notification systems. Subscriber information collected in accordance with subdivision (3) of this subsection shall be used only in case of an emergency. Subscriber information provided pursuant to this subsection and any subscriber information or any telephone number, mailing address or electronic mail address provided to the state in order for the state to use such information in connection with an emergency notification system shall be confidential and shall not be subject to disclosure pursuant to the Freedom of Information Act, as defined in section 1-200.

(b) Each month, the provider of the enhanced 9-1-1 service database shall provide to the Division of State-Wide Emergency Telecommunications an electronic copy of the current subscriber information maintained in the enhanced 9-1-1 service database. The division shall make such subscriber information available to the Department of Emergency Services and Public Protection and to each public safety answering point pursuant to a memorandum of understanding consistent with the provisions of this section. Each public safety answering point that has entered into such a memorandum of understanding shall make such subscriber information available to one or more of the municipalities within the public safety answering point's jurisdiction at such a municipality's request.

(c) On or before October 1, 2009, the enhanced 9-1-1 service database provider and the Division of State-Wide Emergency Telecommunications shall enter into an agreement regarding the provision of the enhanced 9-1-1 service database information in accordance with subsection (b) of this section, including, but not limited to, payment for the costs incurred by the provider of the enhanced 9-1-1 service database in connection with the compilation of the enhanced 9-1-1 service database information.

(d) No telephone company, certified telecommunications provider, provider of wireless telecommunications service, as defined in section 28-30b, pursuant to a license issued by the Federal Communications Commission, provider of prepaid wireless telecommunications service, voice over Internet protocol service provider or the officers, directors, employees, vendors or agents of any such company or provider shall be liable to any person or entity for release of the information specified in this section or for any failure of equipment or procedure in connection with the enhanced 9-1-1 service, an emergency notification system, or the next generation 9-1-1 telecommunication system established under sections 28-25 to 28-29b, inclusive.

(P.A. 84-416, S. 8, 15; P.A. 90-230, S. 46, 101; P.A. 07-106, S. 5; P.A. 09-86, S. 2; P.A. 11-22, S. 1; 11-51, S. 134; P.A. 12-153, S. 5; P.A. 16-150, S. 8.)

History: P.A. 90-230 deleted internal references; P.A. 07-106 required voice over Internet protocol service providers to comply with section, provided them immunity from liability and added provision re providers' compliance with federal law, effective July 1, 2007; P.A. 09-86 designated existing provisions as Subsecs. (a) and (d), amended Subsec. (a) to add Subdiv. designators (1) and (2), add Subdiv. (3) re enabling emergency notification systems, and add provision exempting subscriber information from disclosure under Freedom of Information Act, added Subsecs. (b) and (c) re current subscriber information, amended Subsec. (d) to expand immunity from liability to include release or failure concerning an emergency notification system, and made conforming and technical changes, effective July 1, 2009; P.A. 11-22 amended Subsec. (a) to allow subscriber information collected for an emergency notification system to be used in any emergency and to exempt such information from disclosure pursuant to the Freedom of Information Act; pursuant to P.A. 11-51, “Department of Emergency Management and Homeland Security” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” in Subsec. (b), effective July 1, 2011; P.A. 12-153 amended Subsec. (d) by adding provision re telecommunications providers and their agents and making technical changes, effective January 1, 2013; P.A. 16-150 amended Subsec. (a) by adding references to next generation 9-1-1 telecommunication system, adding reference to device, adding provision re forwarding latitude and longitude of telephone or device and replacing “contained in 47 CFR 9” with “in accordance with federal regulations”, amended Subsecs. (b) and (c) by replacing “office” with “division”, amended Subsec. (d) by adding reference to definition in Sec. 28-30b and replacing reference to agents of company or provider with reference to officers, directors, employees, vendors or agents of company or provider, and made technical and conforming changes.

Cited. 223 C. 731.

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Sec. 28-28b. Municipal responsibilities. Each municipality shall be responsible for the operation and maintenance of any public service answering point terminal equipment jointly or separately provided to it by the state.

(P.A. 84-416, S. 10, 15.)

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Sec. 28-29. Institution of civil proceedings by Attorney General. The Attorney General may, at the request of the division, or on his or her own initiative, institute civil proceedings against any municipality or telephone company to enforce the provisions of sections 28-25, 28-25a, 28-25b, 28-26, 28-27, 28-27a, 28-28, 28-28a, 28-28b, 28-29a and 28-29b.

(P.A. 84-416, S. 11, 15; P.A. 90-230, S. 47, 101; P.A. 93-206, S. 11, 16; P.A. 16-150, S. 9.)

History: P.A. 90-230 deleted internal references; P.A. 93-206 substituted “office” for “bureau”, effective July 1, 1993; P.A. 16-150 replaced “office” with “division” and made a technical change.

Cited. 223 C. 731.

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Sec. 28-29a. E 9-1-1 Commission. (a) There is established an E 9-1-1 Commission to (1) advise the division in the planning, design, implementation and coordination of the state-wide emergency 9-1-1 telephone system created pursuant to sections 28-25 to 28-29b, inclusive, and (2) in consultation with the Coordinating Advisory Board established pursuant to section 29-1t, advise the Commissioner of Emergency Services and Public Protection in the planning, design, implementation, coordination and governance of the public safety data network established pursuant to section 29-1j.

(b) The commission shall be appointed by the Governor and shall consist of the following members: (1) One representative from the technical support services unit of the Division of State Police within the Department of Emergency Services and Public Protection; (2) the State Fire Administrator; (3) one representative from the Office of Emergency Medical Services; (4) one representative from the Division of Emergency Management and Homeland Security within the Department of Emergency Services and Public Protection; (5) the Commissioner of Public Health, or the commissioner's designee; (6) the Commissioner of Mental Health and Addiction Services, or the commissioner's designee; (7) the Commissioner of Children and Families, or the commissioner's designee; (8) one municipal police chief; (9) one municipal fire chief; (10) one volunteer fireman; (11) one representative of the Connecticut Conference of Municipalities; (12) one representative of the Council of Small Towns; (13) one representative of telecommunicators, as defined in section 28-30; (14) one representative of the public; (15) one manager or coordinator of 9-1-1 public safety answering points serving areas of differing population concentration; and (16) one representative of providers of commercial mobile radio services, as defined in 47 Code of Federal Regulations 20.3, as amended. Each member shall serve for a term of three years from the date of his or her appointment or until a successor has been appointed and qualified. No member of the commission shall receive compensation for such member's services.

(P.A. 84-416, S. 12, 15; P.A. 88-135, S. 8; P.A. 90-230, S. 48, 101; May Sp. Sess. P.A. 92-12, S. 7, 10; P.A. 93-206, S. 12, 16; P.A. 99-92; P.A. 04-219, S. 22; P.A. 11-11, S. 1; 11-51, S. 165; P.A. 12-68, S. 3; P.A. 16-150, S. 10; P.A. 22-47, S. 23.)

History: P.A. 88-135 substituted office of “emergency management” for office of “civil preparedness” in Subdiv. (4); P.A. 90-230 revised internal section references; May Sp. Sess. P.A. 92-12 required commission to “advise” bureau in lieu of “oversee”; P.A. 93-206 substituted “office” for “bureau”, effective July 1, 1993; P.A. 99-92 added one manager or coordinator of 9-1-1 public safety answering point and one representative of providers of commercial mobile radio services as members; P.A. 04-219 amended Subdiv. (4) to substitute Department of Emergency Management and Homeland Security for Office of Emergency Management, effective January 1, 2005; P.A. 11-11 added representative of telecommunicators and representative of the public as members, amended members' terms to run from date of a member's appointment instead of from July 1, 1984, and made technical changes; P.A. 11-51 replaced “Department of Public Safety” with “Department of Emergency Services and Public Protection” and replaced “Department of Emergency Management and Homeland Security” with “Division of Emergency Management and Homeland Security within the Department of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 12-68 inserted Subsec. designators (a) and (b) and amended Subsec. (a) to make technical changes and add new Subdiv. (2) re advising commissioner in planning, design, implementation, coordination and governance of public safety data network, effective July 1, 2012; P.A. 16-150 amended Subsec. (a) by replacing “office” with “division”; P.A. 22-47 amended Subsec. (a) by making a technical change and Subsec. (b) by adding members to the commission in new Subdivs. (5) to (7) and redesignating existing Subdivs. (5) to (13) as Subdivs. (8) to (16).

Cited. 223 C. 731.

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Sec. 28-29b. Annual report to General Assembly. The division, subject to the review and approval of the commission, shall submit a report to the General Assembly, not later than February fifteenth, annually, concerning its progress in carrying out the purposes of sections 28-25, 28-25a, 28-25b, 28-26, 28-27, 28-27a, 28-28, 28-28a, 28-28b, 28-29 and 28-29a.

(P.A. 84-416, S. 13, 15; P.A. 90-230, S. 49, 101; P.A. 93-206, S. 13, 16; P.A. 16-150, S. 11.)

History: P.A. 90-230 deleted internal references; P.A. 93-206 substituted “office” for “bureau”, effective July 1, 1993; P.A. 16-150 replaced “office” with “division”.

Cited. 223 C. 731.

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Sec. 28-30. Definitions. Certification of telecommunicators and instructors. Revocation, suspension or refusal to renew certification. Automatic certification. Indemnification. Regulations. (a) For the purposes of this section:

(1) “Telecommunications” means any system in which electronic signals are used to transmit information between or among points, including but not limited to, systems transmitting voice, data or video by means of waves in any portion of the electromagnetic spectrum;

(2) “Telecommunicator” means any person engaged in or employed as a telecommunications operator by any public safety agency or private safety agency, as defined in section 28-25, whose primary responsibility is the receipt or processing of 9-1-1 calls for emergency assistance or the dispatching of emergency services provided by public safety agencies and who receives or disseminates information relative to emergency assistance by telephone or radio;

(3) “Division” means the Division of State-Wide Emergency Telecommunications established under section 28-24.

(b) The division, in cooperation with public safety agencies, as defined in section 28-25, may:

(1) Establish minimum standards for the training of telecommunicators, provided a public safety agency may establish telecommunicator training standards that exceed the minimum established by the division;

(2) Develop and conduct examination programs to certify the successful completion of performance standards;

(3) Issue certificates of completion to persons who have successfully completed a telecommunicator training program developed by the division and have demonstrated proficiency in the completion of performance standards;

(4) Issue certificates of recognition to persons who, by reason of specialized training, experience or education, are qualified for certification as telecommunicator instructors;

(5) Coordinate the delivery of telecommunicator training programs, as required, to the public safety agencies; and

(6) Renew the certification of telecommunicators and telecommunicator instructors who have maintained the minimum skills established by regulations adopted in accordance with the provisions of chapter 54.

(c) On and after January 1, 1990, no person may be employed as a telecommunicator by any public safety agency or private safety agency for a period exceeding one year unless such person has been certified by the division upon successfully completing a telecommunicator training program and demonstrating proficiency in the performance of telecommunicator training program standards or successfully completing a written or oral examination developed by the division.

(d) The division shall issue a written acknowledgment of achievement, without participation in a telecommunicator training program, to any person who, by reason of experience or specialized training demonstrates competence in the performance of telecommunicator training standards as developed by the division.

(e) The division may revoke, suspend or refuse to renew any certificate if: (1) The certificate was issued by administrative error, (2) the certificate was obtained through misrepresentation of a material fact or fraud, (3) the holder has failed to perform the duties for which certification was granted or to maintain minimum skills, or (4) the holder has been convicted of a felony. The division shall not revoke, suspend or refuse to renew any certificate except upon notice and hearing in accordance with the provisions of chapter 54.

(f) Any telecommunicator employed by a public or private safety agency on a permanent basis on or before January 1, 1990, shall be deemed to have met all certification requirements and shall be automatically certified under the provisions of this section. Such certification shall expire when the person terminates his or her permanent employment with such agency.

(g) The state shall save harmless and indemnify any person certified as a telecommunicator instructor by the division under the provisions of this section from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or alleged deprivation of any person's civil rights or other act resulting in personal injury or property damage, which acts are not wanton, reckless or malicious, provided such person at the time of the acts resulting in such injury or damage was acting in the discharge of his or her duties in providing telecommunicator training and instruction.

(h) The division shall adopt regulations in accordance with chapter 54 to implement the provisions of this section.

(P.A. 89-259, S. 1, 5; P.A. 90-152, S. 1, 2; P.A. 92-28, S. 1, 2; P.A. 93-206, S. 14, 16; P.A. 16-150, S. 12.)

History: P.A. 90-152 added Subsec. (f) re indemnification of certified telecommunicator instructors; P.A. 92-28 added Subsec. (b)(6), authorizing bureau to renew certification of telecommunicators and telecommunicator instructors, added new language as Subsec. (e), specifying grounds on which the bureau may revoke, suspend or refuse to renew any certificate, relettering remaining Subsecs. accordingly, and added Subsec. (h) requiring bureau to adopt regulations; P.A. 93-206 substituted “office” for “bureau”, effective July 1, 1993; P.A. 16-150 replaced “office” with “division” and made technical changes.

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Sec. 28-30a. Enhanced 9-1-1 Telecommunications Fund. (a) There is established a fund to be known as the “Enhanced 9-1-1 Telecommunications Fund”. The fund shall contain any moneys required by law to be deposited in the fund, including, but not limited to, any federal funds collected pursuant to subsection (d) of section 28-24, fees assessed against subscribers of local telephone service and subscribers of commercial mobile radio services pursuant to section 16-256g and prepaid wireless E 9-1-1 fees collected pursuant to section 28-30e. The Enhanced 9-1-1 Telecommunications Fund shall be held separate and apart from all other moneys, funds and accounts. Interest derived from the investment of the fund shall be credited to the assets of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the fiscal year next succeeding.

(b) The State Treasurer, in consultation with the Secretary of the Office of Policy and Management, shall invest the moneys deposited in the Enhanced 9-1-1 Telecommunications Fund in the Short-Term Investment Fund authorized under section 3-27a or investments in which the Treasurer may invest assets of the trust funds which are listed in section 3-13c.

(c) The resources of the Enhanced 9-1-1 Telecommunications Fund shall be used solely to fund the expenses, as determined by the Commissioner of Emergency Services and Public Protection in accordance with subsection (c) of section 28-24, associated with the enhanced emergency 9-1-1 program. Any surplus shall be carried forward to successive fiscal years and used for the sole purpose of administering the enhanced emergency 9-1-1 program.

(P.A. 89-259, S. 2, 5; P.A. 96-150, S. 2, 5; P.A. 11-51, S. 134; P.A. 12-153, S. 6; P.A. 13-32, S. 1.)

History: P.A. 96-150 changed “Public Safety Telecommunicator Training Fund” to “Enhanced 9-1-1 Telecommunications Fund” and specified use of fund, effective May 31, 1996; pursuant to P.A. 11-51, “Commissioner of Emergency Management and Homeland Security” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” in Subsec. (c), effective July 1, 2011; P.A. 12-153 amended Subsec. (a) by adding provision re revenues from prepaid wireless E 9-1-1 fee, effective January 1, 2013; P.A. 13-32 amended Subsec. (a) to replace “revenues from the prepaid wireless E 9-1-1 fee imposed pursuant to section 28-30e” with “prepaid wireless E 9-1-1 fees collected pursuant to section 28-30e” and make technical changes, effective July 1, 2013.

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Sec. 28-30b. Definitions. As used in this section and sections 28-30a, 28-30d, 28-30e and 28-30f:

(1) “Consumer” means a person who purchases prepaid wireless telecommunications service in a retail transaction.

(2) “Marketplace facilitator” has the same meaning as provided in section 12-408e.

(3) “Prepaid wireless E 9-1-1 fee” means the fee that a seller collects from a consumer in an amount established by section 28-30e.

(4) “Prepaid wireless telecommunications service” means a wireless telephone service that a consumer pays for in advance, that allows the consumer to access the E 9-1-1 system by dialing or otherwise accessing the digits “9-1-1”, and that is sold in predetermined units or dollars and such units or dollars decline with use.

(5) “Provider” means any person who provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission.

(6) “Retail transaction” means a purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.

(7) “Seller” means a person who sells prepaid wireless telecommunications service to a consumer. “Seller” includes a marketplace facilitator that facilitates the sale of prepaid wireless telecommunications service to a consumer.

(8) “Voice over Internet protocol service” or “VOIP” means a service that has the following characteristics: (A) Enables real-time, two-way voice communication; (B) requires a broadband connection from the users' locations; (C) requires IP-compatible customer premises equipment; and (D) allows subscribers generally to receive calls that originate on the public switched telephone network and to terminate calls on the public switched telephone.

(9) “Voice over Internet protocol service provider” or “VOIP service provider” means a company that provides VOIP telephone service.

(10) “Wireless telecommunications service” means commercial mobile radio service, as defined in 47 CFR Section 20.3, as from time to time amended.

(P.A. 07-106, S. 1; P.A. 12-153, S. 1; P.A. 13-32, S. 2; P.A. 16-150, S. 13; P.A. 21-70, S. 1.)

History: P.A. 07-106 effective July 1, 2007; P.A. 12-153 replaced definition of “active prepaid wireless telephone service” with definition of “consumer” in Subdiv. (1), added new Subdiv. (2) defining “prepaid wireless E 9-1-1 fee”, redesignated existing Subdiv. (2) as Subdiv. (3) and amended same to replace definition of “prepaid wireless telephone service” with definition of “prepaid wireless telecommunications service”, deleted former Subdiv. (3) re definition of “mobile telephone number”, added new Subdiv. (4) defining “provider”, new Subdiv. (5) defining “retail transaction” and Subdiv. (6) defining “seller”, redesignated existing Subdivs. (4) and (5) as Subdivs. (7) and (8), added Subdiv. (9) defining “wireless telecommunications service”, and made a technical change, effective January 1, 2013; P.A. 13-32 made definitions applicable to Sec. 28-30f and redefined “prepaid wireless E 9-1-1 fee” by replacing “the charge that any seller” with “the fee that a seller” in Subdiv. (2), effective July 1, 2013; P.A. 16-150 amended Subdiv. (3) by redefining “prepaid wireless telecommunications service” by replacing “dialing 9-1-1” with “dialing or otherwise accessing the digits 9-1-1”; P.A. 21-70 added new Subdiv. (2) defining “marketplace facilitator”, redesignated existing Subdivs. (2) to (9) as Subdivs. (3) to (10), redefined “seller” in redesignated Subdiv. (7) and made technical changes, effective July 1, 2022, and applicable to sales occurring on or after July 1, 2022.

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Sec. 28-30c. Active prepaid wireless telephone service providers. Assessment of subscriber fee. Section 28-30c is repealed, effective January 1, 2013.

(P.A. 07-106, S. 2; P.A. 12-153, S. 8.)

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Sec. 28-30d. VOIP service providers. Assessment of subscriber fee. Each VOIP service provider shall assess a monthly fee against each subscriber to fund the enhanced emergency 9-1-1 program in accordance with section 16-256g. Each such provider shall comply with all of the requirements of 47 CFR 9 and this chapter, provided the provisions of this chapter are not addressed by, or not inconsistent with, federal law or regulations, regarding the provision of enhanced 9-1-1 services and the next generation 9-1-1 telecommunication system in the state of Connecticut. Such fee shall be collected from the subscriber in any manner consistent with the voice over Internet protocol provider's existing operating or technological abilities and remitted to the office of the State Treasurer for deposit into the Enhanced 9-1-1 Telecommunications Fund established pursuant to section 28-30a not later than the fifteenth day of each month.

(P.A. 07-106, S. 3; P.A. 16-150, S. 14.)

History: P.A. 07-106 effective July 1, 2007; P.A. 16-150 added reference to next generation 9-1-1 telecommunication system.

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Sec. 28-30e. Assessment and collection of prepaid wireless E 9-1-1 fee. (a) Each consumer shall be assessed a prepaid wireless E 9-1-1 fee. Such fee shall be equal to the fee determined by the Public Utilities Regulatory Authority in accordance with subsection (a) of section 16-256g for each retail transaction. For the purposes of this section, if a consumer purchase includes multiple prepaid wireless telecommunications services, each such individual service shall constitute a retail transaction.

(b) Any seller who is a party to a retail transaction within this state with a consumer shall collect the fee described in subsection (a) of this section from such consumer for each such retail transaction. The seller shall disclose to the consumer the amount of such assessed fee in an invoice, a receipt, or other similar document, or post such amount conspicuously on the seller's Internet web site or on a sign conspicuously displayed to the consumer at the point of sale.

(c) For the purposes of subsection (b) of this section, a retail transaction made in the presence of the consumer at the place of business of the seller shall be treated as occurring within this state if such place of business is within the state, and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state under subdivision (2) of subsection (a) of section 12-407 for the purposes of the sales and use tax.

(d) The consumer shall be liable for any prepaid wireless E 9-1-1 fee. There shall be no liability on the part of the seller or provider, except the seller shall be liable to remit any prepaid wireless E 9-1-1 fees that the seller collects from any consumer, pursuant to section 28-30f, including, but not limited to, any such fee that the seller is required to collect but does not separately state on an invoice, receipt or other similar document provided to the consumer, as required by subsection (b) of this section.

(e) The amount of the prepaid wireless E 9-1-1 fee that a seller collects from a consumer shall not be included in the base for measuring any tax, fee, surcharge or other charge that the state, any political subdivision of the state, or any intergovernmental agency imposes on such seller, provided the seller separately stated such amount on an invoice, receipt, or other similar document provided to the consumer.

(P.A. 12-153, S. 2; P.A. 13-32, S. 3.)

History: P.A. 12-153 effective January 1, 2013; P.A. 13-32 amended Subsec. (a) to replace “the rate determined” with “the fee determined”, effective July 1, 2013.

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Sec. 28-30f. Seller to remit prepaid wireless E 9-1-1 fee to Department of Revenue Services. Procedures. (a) Any seller who collects a prepaid wireless E 9-1-1 fee shall remit such fee to the Department of Revenue Services at such time and in such manner as required by chapter 219. The department shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply to retail sellers under chapter 219.

(b) Notwithstanding the provisions of chapter 219, a seller who collects a prepaid wireless E 9-1-1 fee may retain one per cent of such fee.

(d) The department shall establish procedures by which a seller may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions pursuant to section 12-410.

(e) The department shall, not later than thirty days after receiving any prepaid wireless E 9-1-1 fee, transfer such fee to the office of the State Treasurer for deposit into the Enhanced 9-1-1 Telecommunications Fund, established pursuant to section 28-30a. Any revenue from the prepaid wireless E 9-1-1 fee shall be subject to any restrictions provided by section 28-30a. The department may make a one-time deduction of not more than one hundred twenty thousand dollars from such fund and may use such amount to reimburse its direct costs of administering the collection and remittance of prepaid wireless E 9-1-1 fees.

(P.A. 12-153, S. 3; P.A. 13-32, S. 4; P.A. 21-70, S. 2.)

History: P.A. 12-153 effective January 1, 2013; P.A. 13-32 amended Subsec. (a) to replace “E 9-1-1 charge” with “E 9-1-1 fee”, effective July 1, 2013; P.A. 21-70 amended Subsec. (d) by deleting “of prepaid wireless telecommunications service” and made a technical change in Subsec. (e).

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