Bill Text: OR HB2076 | 2011 | Regular Session | Introduced
Bill Title: Relating to 9-1-1 emergency communications.
Sponsorship: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2076 Detail]
Download: Oregon-2011-HB2076-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 835
House Bill 2076
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber
for Oregon Military Department)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Clarifies obligation of providers of telecommunications
services and equipment to comply with requirements for 9-1-1
emergency communications.
A BILL FOR AN ACT
Relating to 9-1-1 emergency communications; creating new
provisions; and amending ORS 403.105 and 403.135.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 403.105 is amended to read:
403.105. As used in ORS 305.823 and 403.105 to 403.250, unless
the context requires otherwise:
(1) 'Account' means the Emergency Communications Account.
(2) 'Central office' means a utility that houses the switching
and trunking equipment serving telephones in a defined area.
(3) 'Department' means the Department of Revenue.
(4) 'Emergency call' means a telephone request that results
from a situation in which prompt service is essential to preserve
human life or property.
(5) 'Enhanced 9-1-1 telephone service' means 9-1-1 telephone
service consisting of a network, database and on-premises
equipment that provides automatic display of the incoming
telephone number and address in the designated public safety
answering point at the time of receiving an incoming 9-1-1 call.
(6) 'Exchange access services' means:
(a) Telephone exchange access lines or channels that provide
local access by a subscriber in this state to the local
telecommunications network to effect the transfer of information;
and
(b) Unless a separate tariff rate is charged therefor, any
facility or service provided in connection with the services
described in paragraph (a) of this subsection.
(7) 'Governing body' means the board of county commissioners of
a county, city council of a city, other governing body of a city
or county, board of directors of a special district or a 9-1-1
jurisdiction.
(8) 'Local government' has the meaning given that term in ORS
190.710. { +
(9) 'Multiline telephone system' means a network-based or
premises-based telephone system offering two or more customer
lines that is composed of common control units, telephones and
control hardware or software. + }
{ - (9) - } { + (10) + } 'Provider' means a utility or
other vendor or supplier of telecommunications service or
equipment that provides telecommunications with access to the
9-1-1 emergency reporting system through local exchange service,
cellular service { + , multiline telephone system service + } or
other wired or wireless means.
{ - (10) - } { + (11) + } 'Public or private safety agency'
means any unit of state or local government, a special-purpose
district or a private firm that provides or has authority to
provide fire-fighting, police, ambulance or emergency medical
services.
{ - (11) - } { + (12) + } 'Public safety answering point'
means a 24-hour communications facility established as an
answering location for 9-1-1 calls originating within a given
service area. A 'primary public safety answering point' receives
all calls directly from the public. A 'secondary public safety
answering point' only receives calls from a primary public safety
answering point on a transfer or relay basis.
{ - (12) - } { + (13) + } 'Subscriber' means a person who
has telecommunication access to the 9-1-1 emergency reporting
system through local exchange service, cellular service or other
wired or wireless means.
{ - (13) - } { + (14) + } 'TTY' means a
telephone-typewriter used by an individual with a hearing or
speech impairment to communicate with another device or
individual.
{ - (14) - } { + (15) + } 'Utility' means a utility, as
defined in ORS 759.005, a telecommunications carrier, as defined
in ORS 133.721, a municipality or any provider of exchange access
services.
{ - (15) - } { + (16) + } 'Vendor' means a person providing
telephone customer premises equipment or equipment specific to
the operation of enhanced 9-1-1 telephone service.
{ - (16) - } { + (17) + } '9-1-1 emergency reporting
system' means a telephone service that provides the users of a
public telephone system the ability to reach a primary public
safety answering point by calling 9-1-1.
{ - (17) - } { + (18) + } '9-1-1 jurisdiction' means:
(a) An entity created under ORS chapter 190;
(b) A county service district established under ORS chapter 451
to provide an emergency communications system;
(c) An emergency communications district created under ORS
403.300 to 403.380; or
(d) A group of public or private safety agencies who have
agreed in writing to jointly plan the installation, maintenance,
operation or improvement of a 9-1-1 emergency reporting system.
{ - (18) - } { + (19) + } '9-1-1 service area' means the
geographical area that contains the entire central office serving
area from which the primary public safety answering point will
have the capability to answer calls placed to 9-1-1.
SECTION 2. ORS 403.135 is amended to read:
403.135. (1) Each telecommunications { - utility - }
{ + provider + } that provides exchange access service or radio
communications service and that provides automatic telephone
number identification to public safety answering points may not
block the number of the calling party from being forwarded on
9-1-1 calls.
(2) Automatic telephone number identifications received by
public safety answering points are confidential and are not
subject to public disclosure unless and until an official report
is written by the public or private safety agency and that agency
does not withhold the telephone number under ORS 192.410 to
192.505 or other state and federal laws. The official report of a
public safety answering point may not include nonpublished or
nonlisted telephone numbers. The official report of a public or
private safety agency may not include nonpublished or nonlisted
telephone numbers. Nonpublished or nonlisted telephone numbers
are not otherwise subject to public disclosure without the
permission of the subscriber.
(3) A telecommunications { - utility - } { + provider + }
is not subject to an action for civil damages for providing in
good faith confidential or nonpublic information, including
nonpublished and nonlisted subscriber information, to emergency
services providers who are responding to emergency calls placed
to a 9-1-1 or an enhanced 9-1-1 emergency reporting system or
notifying the public of an emergency. This subsection does not
compel a telecommunications { - utility - } { + provider + }
to provide nonpublished and nonlisted subscriber information
directly to emergency services providers or law enforcement
agencies prior to placement of an emergency call to a 9-1-1 or an
enhanced 9-1-1 emergency reporting system without process of law.
Subscriber information acquired by a 9-1-1 jurisdiction for the
purpose of enhancing a 9-1-1 emergency reporting system is not
subject to public disclosure and may not be used by other public
agencies except:
(a) To respond to a 9-1-1 call; or
(b) To notify the public of an emergency by utilizing an
automated telephone notification system if a telecommunications
{ - utility - } { + provider + } has provided subscriber
information to the 9-1-1 jurisdiction or emergency services
provider.
SECTION 3. { + The amendments to ORS 403.105 and 403.135 by
sections 1 and 2 of this 2011 Act apply to telecommunications
services and equipment provided on or after the effective date of
this 2011 Act. + }
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