GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1114

Short Title:  Telecommunicator Cert. & Stds.	(Public)
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Sponsors: Representative Wright.
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Referred to:  Judiciary II.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH TELECOMMUNICATOR CERTIFICATION AND TRAINING REQUIREMENTS AND TO FUND A PROGRAM OF TRAINING FOR PUBLIC SAFETY TELECOMMUNICATORS.
The General Assembly of North Carolina enacts:
Section 1.  A new Chapter is added to the General Statutes to read:
"Chapter 166B.
"North Carolina Telecommunicator Certification and Training.
"§ 166B-1.  Short title.
This Chapter may be cited as the 'North Carolina Telecommunicator Certification and Training Act of 1993'.
"§ 166B-2.  Findings and policy.
The General Assembly finds that the provision of public safety services depends upon effective communication between those requesting public safety service and providers.  The key to matching calls for help with effective service is the public safety telecommunicator.  The purpose of this Chapter is to assure all citizens of a minimum level of competence and integrity of those who dispatch public safety personnel to calls for help and assistance.
"§ 166B-3.  Definitions.
As used in this Chapter, unless the context requires otherwise:
(1)	'Board' means the Telecommunicators' Standards and Training Board, as established by this Chapter.
(2)	'Center' means a location where public telecommunication facilities are located, housed, or otherwise concentrated for the purpose of dispatching public safety personnel to calls for assistance.
(3)	'Commission' means the Utilities Commission.
(4)	'Department' means Department of Crime Control and Public Safety.
(5)	'PSAP' means public safety answering point.
(6)	'Secretary' means the Secretary of the Department of Crime Control and Public Safety.
(7)	'Telecommunicator' means any person employed by a governmental agency or an agency contracted thereby who receives, processes, or transmits public safety information and dispatches law enforcement officers, firefighters, or medical personnel to calls for assistance over a base radio station on a public safety frequency regulated by the Federal Communications Commission or by teletype or other communications system, whether these persons are public safety personnel full-time employees, part-time employees, or volunteers.
"§ 166B-4.  North Carolina Telecommunicator Certification and Training Fund established.
(a)	There is established the North Carolina Telecommunicator Certification and Training Fund in the Department of Crime Control and Public Safety.  Any surplus in the North Carolina Telecommunicator Certification and Training Fund shall not revert to the General Fund.  The North Carolina Telecommunicator Certification and Training Fund shall be kept on deposit with the State Treasurer, as in the case of other State funds, and may be invested by the State Treasurer in any lawful security for the investment of State money.  The income of other earnings from these investments shall be paid to the North Carolina Telecommunicator Certification and Training Fund.  The North Carolina Telecommunicator Certification and Training Fund is subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes.
(b)	In addition to monies deposited in the Fund pursuant to the provisions of G.S. 166B-12, the Secretary may accept into the Fund, for the purposes of this Chapter, any and all donations, both real and personal, and grants of money from any governmental unit or public agency, or from any institution, person, firm, or corporation.  The Secretary shall include in the annual report as required by G.S. 166B-7 a summary of the donations, gifts, or grants, the identity of the donor, the nature of the transaction, and the conditions, if any.
(c)	The resources of the North Carolina Telecommunicator Certification and Training Fund shall be applied and expended only for the support of activities relative to the delivery of telecommunicator certification and training programs.
"§ 166B-5.  North Carolina Public Safety Telecommunicators' Certification and Training Board established; members; terms; vacancies.
(a)	There is established the North Carolina Public Safety Telecommunicators' Certification and Training Board, hereinafter called the 'Board', in the Department.  The Board shall be composed of 17 members as follows:
(1)	Appointees of the Governor. – One public member who is a citizen not associated with public safety.
(2)	Appointees of the Lieutenant Governor. – One member of the North Carolina Sheriffs' Association chosen from a list of names submitted by the association, appointed pursuant to G.S. 120-121.
(3)	Appointees of the Speaker of the House of Representatives. – One member of the North Carolina Association of Chiefs of Police chosen from a list of names submitted by that association, appointed pursuant to  G.S. 120-121.
(4)	Appointees of at-large groups. – Individuals representing and appointed by each of the following organizations: one member of the North Carolina Emergency Management Association, one other member of the North Carolina Emergency Medical Services Association, one other member of the North Carolina Firemen's Association, one other member of the North Carolina Fire Chiefs Association, one other member of the League of Municipalities, one other member of the North Carolina Association of County Commissioners, two other members of the North Carolina Chapter of the National Emergency Number Association, two other members appointed by the North Carolina Chapter of the Associated Public Safety Communications Officers, one other member of the North Carolina Law Enforcement Officers Association, one other member of the North State Law Enforcement Officers' Association, and one other member of the North Carolina Police Executives Association.
(5)	The Secretary shall serve ex officio and may designate a delegate to the Board.
(b)	Terms.  The members shall be appointed for staggered terms.  The initial appointments shall be made prior to September 1, 1993, and the appointees shall hold office until July 1 of the year in which their respective terms expire and until their successors are appointed and qualified as provided in this section.
The public member appointed by the Governor, the member appointed by the North Carolina Fire Chiefs Association, the member appointed by the League of Municipalities, the member appointed by the North Carolina Association of County Commissioners, and one member appointed by the North Carolina Chapter of the National Emergency Number Association shall serve a term of three years.  The member appointed by the Emergency Medical Services Association, the member appointed by the North State Law Enforcement Officers' Association, the member appointed by the North Carolina Police Executives Association, and one member appointed by the North Carolina Chapter of the Associated Public Safety Communications Officers shall serve a term of two years.  The member appointed by the Emergency Management Association, the member appointed by the North Carolina Firemen's Association, the member appointed by the North Carolina Law Enforcement Officers Association, one member appointed by the North Carolina Chapter of the Associated Public Safety Communications Officers, and one member appointed by the North Carolina Chapter of the National Emergency Number Association shall serve a term of one year.  After the initial terms established herein have expired, with the exception of members appointed pursuant to G.S. 120-121 and the Secretary, all members appointed shall serve for terms of three years.  Notwithstanding the appointments for a term of years, each member shall serve at the will of the appointing authority.
(c)	Vacancies.  If an individual ceases to hold the position required for appointment then that individual's seat on the Board becomes vacated upon the cessation of qualification to hold that seat.  Otherwise, any individual appointed or designated to serve on this Board shall serve until a successor is appointed by the officer or agency making the original appointment and qualified unless that individual resigns or is removed, in which case the officer or agency making that appointment shall appoint a successor.
(d)	Compensation.  None of the members of the Board shall receive compensation for serving on the Board.  However, if funds are available, then members of the Board who are State officers or employees may be reimbursed for their expenses in accordance with G.S. 138-6; members of the Board who are full-time salaried public officers or employees other than State officers or employees may be reimbursed for their expenses in accordance with G.S. 138-5(b).  All other members of the Board may receive compensation and reimbursement for expenses in accordance with G.S. 138-5(b).
(e)	Officers.  The Chairman shall be elected from among the membership.  Officers shall be elected at the first regular meeting after July 1 of each year.  All officers serve for one year or until successors are qualified.
(f)	Removal.  The Board, upon reasonable notice given, may remove a member for misfeasance, malfeasance, nonfeasance, or neglect of duty.
(g)	Required Meetings.  The Board shall meet no less than four times a year.  It shall also meet on the call of the chairman or any four members of the Board.
"§ 166B-6.  Functions of the Department.
(a)	The Board, by adoption of rules pursuant to the provisions of Chapter 150B of the General Statutes, shall provide for the administration of the Fund established by this Chapter.  In consultation with the Secretary, and by adoption of rules, the Board shall:
(1)	Establish reasonable and equitable procedures to disburse funds to governments, centers, and/or Board-approved organizations;
(2)	Promote the most efficient and economical program of telecommunicator certification and training and the maximum use of existing facilities, including the Department of Community Colleges and the North Carolina Justice Academy for the purpose of avoiding unnecessary duplication; and
(3)	Establish a system of reimbursement designed to prevent budgetary supplanting by the State and political subdivisions with respect to telecommunicator certification and training programs.
(b)	The Secretary shall provide staff necessary to administer the programs of the Board.  This staffing shall be provided through the resources of the Fund.
(c)	The Secretary shall have legal custody of all books, papers, documents, or other records and property of the Fund or the Board.
"§ 166B-7.  Authorized expenditures.
(a)	Upon the recommendation of the Board, the Secretary may make disbursements from the Fund for the following purposes:
(1)	To make reimbursements to local centers for employee travel and per diem expenses, and other expenses incurred in the attendance at Board-approved training programs not available locally or on a timely basis.
(2)	To allocate funds to centers for the purpose of reimbursing expenses incurred in complying with the certification and training provisions of the Board.
(3)	To allocate funds for standards and training research and development grants to include job analysis studies.
(4)	To allocate funds for expenses associated with making available in North Carolina, specialized or advanced professional training programs for State and local telecommunicators who have complied with the provisions of this Chapter.
(5)	To allocate funds to the Department for the purpose of carrying out the programs of the Board.
(b)	Upon consultation with telecommunication officers and agencies throughout the State, the Board shall develop an annual plan for disbursements from the Fund.
(c)	No agency shall be entitled to receive any reimbursements under this Chapter unless that agency adheres to the applicable selection, training, certification, and other minimum standards programs of the Board.
"§ 166B-8.  Required standards.
(a)	The Board, in cooperation with public safety agencies, may:
(1)	Establish minimum standards for the employment, appointment, and training of telecommunicators, provided a public safety agency may establish standards that exceed the minimum standards established by the Board;
(2)	Develop and conduct examination programs to certify the successful completion of performance standards;
(3)	Certify telecommunicators on a probationary or permanent basis;
(4)	Establish a system of recertification of telecommunicators;
(5)	Establish procedures for transfer of certification from equivalent programs in other states;
(6)	Establish a system of development and certification of instructors to teach in Board-approved training for telecommunicators; and
(7)	Accredit telecommunicator training schools and courses.
(b)	Effective two years after the date of ratification of this Chapter, telecommunicators with at least two years of dispatching experience at the same agency in North Carolina are exempt from the initial certification requirements of the Board.
"§ 166B-9.  Annual report.
The Secretary shall cause an annual report of the Fund to be presented to the General Assembly on or before December 31 of each year for the preceding fiscal year.  This annual report shall contain a summary of all disbursements made from the Fund by type, level of government, governmental unit, and any other matters that may be included at the direction of the Board.
"§ 166B-10.  Immunity from liability.
(a)	A telecommunicator certified under the provisions of this Chapter, who in good faith gives or fails to give oral information, instruction, or advice to a 911 caller or responder, or other caller or responder, is not liable for civil damages as a result of giving or failing to give the information, instruction, or advice, unless the act or omission constitutes gross negligence, reckless misconduct, or willful misconduct.
(b)	A PSAP, peace officer, firefighter, emergency medical responder, State agency, local governmental unit or agency, supervisor, independent contractor, and any other person or entity associated with or responsible for the act or omission of a certified telecommunicator, occurring during the course of or arising from the employment of the certified telecommunicator, are not liable for civil damages as a result of information, instruction, or advice given, or not given, in good faith by a telecommunicator certified under G.S. 62-158, unless the act or omission of the certified telecommunicator constitutes gross negligence, reckless misconduct, or willful misconduct.
"§ 166B-11.  Certification of costs.
A local governmental unit having jurisdiction over a PSAP incurring reimbursable costs under this Chapter for training telecommunicators, shall certify those costs to the Board.  The certification must be in a form prescribed by the Board.  If the Board approves the certified costs as appropriate and accurate, the Board shall pay the certified costs from receipts from the North Carolina Telecommunicator Certification and Training Fund within 90 days following receipt by the Board of the certified costs.  If funds are insufficient to pay certified costs, the Board shall estimate the additional amount necessary to reimburse the local governmental units and the Governor shall include the estimated amount in the biennial budget request.
"§ 166B-12.  Board finding.
(a)	Finding. – The General Assembly finds and declares that it is in the public interest to promote professional public telecommunications services to all communities and that a means of funding telecommunicator certification and training should be established.
(b)	Means. – Each domestic telephone company, as defined in Chapter 62 of the General Statutes, shall assess each subscriber an amount each month which shall be deposited to the North Carolina Telecommunicator Certification and Training Fund as established by G.S. 166B-4 and in conformance with the requirements of G.S. 62-158."
Sec. 2.  Article 7 of Chapter 62 of the General Statutes is amended by adding a new section to read:
"§ 62-158.  Telecommunicator certification and training.
(a)	Finding. – The General Assembly finds and declares that it is in the public interest to promote professional public telecommunications to all communities and that a means of funding should be established.
(b)	Authority to Require Surcharge. – The Commission shall require local exchange companies and telephone membership corporations to impose a monthly surcharge on all residential and business local exchange access facilities to fund a statewide system of training and certification of public safety telecommunicators.  For the purpose of this section, 'exchange access facility' means the access from a particular telephone subscriber's premises to the telephone system of a local exchange telephone company.  Exchange access facilities include exchange company-provided access lines, private branch exchange trunks, and centrex network access registers, all as defined by tariffs of telephone companies as approved by the Commission.  This surcharge, however, may not be imposed on participants in the Subscriber Line Charge Waiver Program or the Link-Up Carolina Program established by the Commission.  This surcharge, and long distance revenues collected under subsection (f) of Section 157, are not includable in gross receipts subject to the franchise tax levied under G.S. 105-120 or the sales tax levied under G.S. 105-164.4.
(c)	Initiating Petition. – Not later than September 1, 1993, the Department shall initiate funding for telecommunicator certification and training by filing a petition with the Commission requesting the surcharge and detailing initial projected required funding.  The Commission shall, after giving notice and an opportunity to be heard to other interested parties, set the initial monthly surcharge based upon the amount of funding necessary to implement and operate the system, including a reasonable margin for a reserve.  The surcharge shall be identified on customer bills as a special surcharge for provision of a telecommunicator certification and training system.  The Commission may, upon petition of any interested party, and after giving notice and an opportunity to be heard to other interested parties, revise the surcharge from time to time if the funding requirements change.  In no event shall the surcharge exceed five cents (5¢) per month.
(d)	Funds to Be Deposited in Special Account. – The local exchange companies and telephone membership corporations shall collect the surcharge from their customers and deposit the monies collected with the State Treasurer, who shall deposit the funds to the Public Safety Telecommunicator Certification and Training Fund, as established by G.S. 166B-4.  After consulting with the State Treasurer, the Commission shall direct how and when the local exchange companies and telephone membership corporations shall deposit these monies.  Revenues from this fund shall be available only to the Department to administer the telecommunicator certification and training system, including establishment, operation, and promotion of the Board established by G.S. 166B-5 and its programs.
(e)	Administration of System. – The Department shall administer the system and the Board, including its establishment, operation, and promotion, according to the provisions of G.S. 166B.
(f)	Charge to Users. – The users of the system shall be charged their approved long distance and local rates for telephone services, including the surcharge required by this section, but no additional charges may be imposed for telecommunicator certification and training.  The local exchange companies and telephone membership corporations shall collect revenues from the users of the relay system for long distance services.  These revenues shall be deposited in the special fund referenced in subsection (d) of this section in a manner determined by the Commission after consulting with the State Treasurer.  Local exchange companies and telephone membership corporations shall be compensated for collection, inquiry, and other administrative services provided by these companies, subject to the approval of the Commission.
(g)	Reporting Requirement. – The Commission shall, after consulting with the Department, develop a format and filing schedule for a comprehensive financial and operational report on the Board.  The Department shall thereafter prepare and file these reports as required by the Commission with the Commission and Joint Legislative Utility Review Committee."
Sec. 3.  G.S. 62A-8 reads as rewritten:
"§ 62A-8.  Payments from Fund.
(a)	Money from the Emergency Telephone System Fund shall be used only to pay for:
(1)	The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software and database provisioning, addressing, and nonrecurring costs of establishing a 911 system, 
(2)	The rates associated with the service supplier's 911 service and other service supplier recurring charges, and
(3)	Expenses associated with meeting the telecommunicator certification and training requirements of G.S. 166B.
(b)	The following expenses are not eligible for payment from the Fund:  the lease or purchase of real estate, cosmetic remodeling of emergency dispatch centers, and compensating dispatchers, and the purchase of mobile communications vehicles, ambulances, fire engines, or other emergency vehicles.
(c)	A local government may contract with a service supplier for any term negotiated by the service supplier and the local government and may make payments from the Emergency Telephone System Fund to provide any payments required by the contract."
Sec. 4.  G.S. 115D-5(b) reads as rewritten:
"(b)	In order to make instruction as accessible as possible to all citizens, the teaching of curricular courses and of noncurricular extension courses at convenient locations away from institution campuses as well as on campuses is authorized and shall be encouraged. A pro rata portion of the established regular tuition rate charged a full-time student shall be charged a part-time student taking any curriculum course. In lieu of any tuition charge, the State Board of Community Colleges shall establish a uniform registration fee, or a schedule of uniform registration fees, to be charged students enrolling in extension courses for which instruction is financed primarily from State funds; provided, however, that the State Board of Community Colleges may provide by general and uniform regulations for waiver of tuition and registration fees for persons not enrolled in elementary or secondary schools taking courses leading to a high school diploma or equivalent certificate, for training courses for volunteer firemen, local fire department personnel, volunteer rescue and lifesaving department personnel, local rescue and lifesaving department personnel, Radio Emergency Associated Citizens Team (REACT) members when the REACT team is under contract to a county as an emergency response agency, local law-enforcement officers, local public safety telecommunicators certified under the provisions of G.S. 166B, patients in State alcoholic rehabilitation centers, all full-time custodial employees of the Department of Correction, employees of the Department's Division of Adult Probation and Parole and employees of the Division of Youth Services of the Department of Human Resources required to be certified pursuant to Chapter 17C of the General Statutes and the rules of the Criminal Justice and Training Standards Commission, trainees enrolled in courses conducted under the New and Expanding Industry Program, clients of sheltered workshops, clients of adult developmental activity programs, students in Human Resources Development Programs, juveniles of any age committed to the Division of Youth Services of the Department of Human Resources by a court of competent jurisdiction, prison inmates, and members of the North Carolina State Defense Militia as defined in G.S. 127A-5 and as administered pursuant to Article 5 of Chapter 127A of the General Statutes. Provided further, tuition shall be waived for senior citizens attending institutions operating pursuant to this Chapter as set forth in Chapter 115B of the General Statutes, Tuition Waiver for Senior Citizens. Provided further, tuition shall also be waived for all courses taken by high school students at community colleges in accordance with G.S. 115D-20(4) and this section."
Sec. 5.  This act is effective upon ratification.