74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3403
House Bill 3520
Sponsored by Representative BARNHART
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.
Modifies definition of 9-1-1 jurisdiction. Requires merger or
consolidation of smaller 9-1-1 emergency reporting system
providers.
A BILL FOR AN ACT
Relating to emergency communications; creating new provisions;
and amending ORS 401.710 and 401.821.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 401.710 is amended to read:
401.710. As used in ORS 305.823 and 401.710 to 401.816, 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 where 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 at the designated
public safety answering point of the address and telephone number
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) 'Office' means the Office of Emergency Management of the
Department of State Police.
(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 or other
wired or wireless means.
(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.
(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.
(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.
(14) 'TTY' means a telephone-typewriter used by a hearing or
speech impaired person to communicate with another device or
individual.
(15) 'Utility' means a utility as defined in ORS 759.005, a
telecommunications carrier as defined in ORS 133.721 or a
municipality or any provider of exchange access services.
(16) 'Vendor' means any corporation, company, individual or
association, providing telephone customer premises equipment or
equipment specific to the operation of enhanced 9-1-1 telephone
service.
(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.
{ - (18) '9-1-1 jurisdiction' means an entity created under
ORS chapter 190, a county service district established under ORS
chapter 451 to provide an emergency communications system, an
emergency communications district created under ORS 401.818 to
401.857 or 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) '9-1-1 jurisdiction' means one of the following that
has formed for the purpose of, or agreed in writing to plan
jointly, the installation, maintenance, operation or improvement
of a 9-1-1 emergency reporting system:
(a) An intergovernmental entity created under ORS 190.003 to
190.130 that includes:
(A) Either a county or a county service district established
under ORS chapter 451; or
(B) A city with a population of at least ___; or
(b) A 9-1-1 communications district created under ORS 401.818
to 401.857. + }
(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 401.821 is amended to read:
401.821. (1) A 9-1-1 communications district may be created as
provided in ORS 198.705 to 198.955 and 401.818 to 401.857.
(2) A 9-1-1 communications district shall consist of all the
telephone exchange service areas located wholly or partly within
a designated 9-1-1 jurisdiction's service area that is served by
a public safety answering point. { + At a minimum, + } a
district { - may include more than one city and county - }
{ + shall include the entire area of:
(a) A county; or
(b) A city with a population of at least ___ + } .
(3) Before a petition for formation of a district is filed with
the county board of the principal county under ORS 198.800, it
shall be approved by indorsement thereon by two-thirds of the
governing bodies of all public or private safety agencies
representing two-thirds of the population included within the
proposed district. A county governing body shall not adopt an
order under ORS 198.835 for the formation of a district unless
the governing body first obtains written approval for the
formation of the district from two-thirds of the governing bodies
of all public or private safety agencies representing two-thirds
of the population included within the proposed district.
(4) In addition to other required matters, the petition for
formation shall state the number of district board members for
the proposed district and the method of election of the board of
the proposed district from among the methods described in ORS
401.836.
SECTION 3. { + (1) Within one year after the effective date of
this 2007 Act, a 9-1-1 jurisdiction in existence on the effective
date of this 2007 Act that does not qualify as a 9-1-1
jurisdiction based on the amendments to ORS 401.710 by section 1
of this 2007 Act must be merged into a county-wide or city-wide
9-1-1 jurisdiction or consolidated with other 9-1-1 jurisdictions
using, as appropriate, either:
(a) An intergovernmental agreement entered into under ORS
190.003 to 190.130; or
(b) The procedures for formation, annexation, withdrawal,
merger, consolidation or dissolution of a district under ORS
198.705 to 198.955.
(2) Units of local government, as defined in ORS 190.003, shall
work cooperatively with existing 9-1-1 jurisdictions and in
consultation with the Office of Emergency Management to ensure
that all areas of the State of Oregon have, and continue to have
during and after the transition, adequate access to the 9-1-1
emergency reporting system. + }
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