Emergency Telephone Service (911) [New]
Sec. 19-5-301. Purpose
Health, Public Welfare, Etc. 19-5-303
19-5-303. Definitions 19-5-305. Authorization to create emergency communicationsdistrict 19-5-307. Board of commissioners; appointment; qualifications;terms; quorum; authority 19-5-309. 911 designated primary emergency telephonenumber; secondary and non-emergency numbers; enhanced 911 service; guidelines; referenda by county electors. 19-5-311. Methods for responding to emergencycalls. 19-5-313. Emergency telephone service charges; use of excess funds19-5-315. Preexisting emergency communication districts; merger of emergency communication districts, multi-county districts 19-5-317. Abusive callsprohibited; sanctions.
19-5-301. Purpose
The legislature finds and declares it to be in the public interest toreduce the time required for a citizen to request and receive emergencyaid, and to raise the level of competence of local public safety and 911telecommunicators by establishing a minimum standard and certificationfor personnel involved in the answering and dispatching of calls to lawenforcement, fire and emergency medical services. The provision of a single,primary three-digit emergency number through which emergency services canbe quickly and efficiently obtained will provide a significant contributionto law enforcement and other public service efforts by simplifying thenotification of public service personnel. Such a simplified means of procuringemergency services will result in the saving of life, a reduction in thedestruction of property, quicker apprehension of criminals and, ultimately,the saving of monies. Establishment of a uniform emergency number is amatter of concern and interest to all citizens of the state.
Sources: Laws, 1987, ch. 310 1; 1993, ch. 536, 1, eff from and afterJuly 1, 1993.
Editor’s Note- Laws, 1987, ch.310 9 and 10, provide as follows: “SECTION9. The Attorney General of the State of Mississippi is hereby directedto submit this act, immediately upon approval by the Governor, or uponapproval by the legislature subsequent to a veto, to the Attorney Generalof the United States or to the United States District Court for the Districtof Columbia in accordance with the provisions of the Voting Rights Actof 1965, as amended and extended.
“Section 10. This act shall take effect and be in force from andafter July 1, 1987, if it is effectuated on or prior to that date underSection 5 of the Voting Rights Act of 1965, as amended and extended. Ifit is effectuated under Section 5 of the Voting Rights Act of 1965, asamended and extended, after July 1, 1987, this act shall take effect andbe in force from and after the date it is effectuated under Section 5 ofthe Voting Rights Act of 1965, as amended and extended.”.
Research and Practice References- 74 Am Jur 2d, Telecommunications 60.2 AM Jur Proof of Facts 3d 583, Inadequate response to emergency telephonecall.
Annotations- Liability for failure of police response to emergency call.39 ALR 4th 691.
19-5-303. Definitions For purposes of Sections 19-5-301 through 19-5-317,the following words and terms shall have the following meanings, unlessthe context clearly indicates otherwise: (a) “Exchange access facilities”shall mean all lines provided by the service supplier for the provisionof local exchange service as defined in existing general subscriber servicestariffs. (b) “Tariff rate” shall mean the rate or rates billedby a service supplier as stated in the service supplier’s tariffs and approvedby the Public Service Commission, which represent the service supplier’srecurring charges for exchange access facilities, exclusive of all taxes,fees, licenses or similar charges whatsoever. (c) “District”shall mean any communications district created pursuant to Sections 9-5-301et seq. (d) “Service supplier” shall mean any person providingexchange telephone service, cellular telephone service or personal communicationsservice to any service user throughout the county. (e) “Serviceuser” shall mean any person, not otherwise exempt from taxation, whois provided exchange telephone service, cellular telephone service or personalcommunications service in the county or state. (f)”E911″ shallmean Enhanced Universal Emergency Number Service or Enhanced 911 Service,which is a telephone exchange communications service whereby a Public SafetyAnswering Point (PSAP) designated by the county or local communicationsdistrict may receive telephone calls dialed to the telephone number 911.E911 Service includes lines and equipment necessary for the answering,transferring, and dispatching of public emergency telephone calls originatedby persons within the serving area who dial 911. Enhanced 911 Service includesthe displaying of the name, address, and other pertinent caller informationas may be supplied by the service supplier. (g) “Basic 911″shall mean a telephone service terminated in designated Public Safety AnsweringPoints accessible by the public through telephone calls dialed to the telephonenumber 911. Basic 911 is a voice service and does not display address ortelephone number information. (h) “Shared Tenant Services (STS)”shall mean any telephone service operation supplied by a party other thana regulated local exchange telephone service supplier for which a chargeis levied. Such services shall include, but not be limited to, apartmentbuilding systems, hospital systems, office building systems and other systemswhere dial tone is derived from connection of tariffed telephone trunksor lines connected to a private branch exchange telephone system. (I)”Private Branch Exchange (PBX)” shall mean any telephone serviceoperation supplied by a party other than a regulated local exchange telephoneservice supplier for which a charge is not levied. Such services are thosewhere tariffed telephone trunks or lines are terminated into a centralswitch which is used to supply dial tone to telephones operating withinthat system. (j) “Off Premise Extension” shall mean any telephoneconnected to a private branch exchange or a shared tenant service whichis in a different building or location from the main switching equipmentand, therefore, has a different physical address. (k) “Centrex”or “ESSX” shall mean any variety of services offered in connectionwith any tariffed telephone service in which switching services and otherdialing features are provided by the regulated local exchange telephoneservice supplier. (l) “Cellular Telephone Service” shall meanany offering of radio-linked telephone service providing dial tone accessto a portable, mobile or fixed location for which a charge is levied. Notincluded in this definition are radio repeater stations operated in theSpecialized Mobile Radio Service (SMRS) where the telephone service issecondary to the radio repeater use. Cellular providers shall be thoseproviders operating under the definition as defined by the Federal CommunicationsCommission. (m) “Personal Communications Network (PCN),” shallmean any offering of radio-linked telephone service providing dial toneaccess to a portable, mobile or fixed location for which a charge is levied.This service is generally defined as a very short range cellular system.Personal Communications Network providers shall be those providers operatingunder the definition as defined by the Federal Communications Commission. (n) “Telecommunicator” shall mean any person engaged in oremployed as a telecommunications operator by any public safety, fire oremergency medical agency whose primary responsibility is the receipt orprocessing of calls for emergency services provided by public safety, fireor emergency medical agencies or the dispatching of emergency servicesprovided by public safety, fire or emergency medical agencies and who receivesor disseminates information relative to emergency assistance by telephoneor radio. (o) “Public Safety Answering Point (PSAP)” shallmean any point of contact between the public and the emergency servicessuch as a 911 answering point or, in the absence of 911 emergency telephoneservice, any other point of contact where emergency telephone calls areroutinely answered and dispatched or transferred to another agency.
Sources: Laws, 1987, ch.310 2; 1993, ch.536, 2, eff from and after July1, 1993.
19-5-305. Authorization to create emergency communications district.
The board of supervisors of each county may create, by order duly adoptedand entered on its minutes, an emergency communications district composedof all of the territory within the county.
Sources: Laws, 1987, ch. 310, 3, (became law March 10, 1987, withoutsignature of governor) eff from and after October 20, 1987, the date ofthe United States Attorney General interposed no objection to this amendment.
19-5-307. Board of commissioners: appointment; qualifications; terms;quorum; authority
(1) When any district is created, by the board of supervisors of thecounty creating such district may appoint a board of commissioners composedof seven (7) members to govern its affairs, and shall fix the domicileof the board at any point within the district. The members of the boardshall be qualified electors of the district, two (2) of whom shall be appointedfor terms of two (2) years, three (3) for terms of three (3) years, andtwo (2) for terms of four (4) years, dating from the date of the adoptionof the ordinance creating the district. Thereafter, all appointments ofthe members shall be for terms of four (4) years. (2) The board of commissionersshall have complete and sole authority to appoint a chairman and any otherofficers it may deem necessary from among the membership of the board ofcommissioners. (3) A majority of the board of commissioners membershipshall constitute a quorum and all official action of the board of commissionersshall require a quorum. (4) The board of commissioners shall have authorityto employ such employees, experts and consultants as it may deem necessaryto assist the board of commissioners in the discharge of its responsibilitiesto the extent that funds are made available. (5) In lieu of appointinga board of commissioners, the board of supervisors of the county may serveas the board of commissioners of the district, in which case it shall assumeall the powers and duties of the board of commissioners as provided inSection 19-5-301 et seq.
Sources: Laws, 1987, ch. 310 4, (became law March 10, 1987, withoutsignature of governor) eff from and after October 20, 1987, the date theUnited States Attorney General interposed no objection to this amendment.
19-5-309. 911 designated primary emergency telephone number; secondaryand non emergency numbers; enhanced 911 services; guidelines; referendaby county electors.
(1) The digits “911” shall be the primary emergency telephonenumber, but the involved agencies may maintain a separate secondary backupnumber and shall maintain a separate number for non-emergency telephonecalls. (2) The use of the digits “911” shall become the standardtelephone number for public access to the various emergency services withinthe State of Mississippi by the year 1995. The implementation of this serviceshall be effected in all counties not currently operating a “911”system according to the following guidelines:
(a) Those counties not currently in the process of installing “911”or currently using “911” emergency telephone service, which havea population greater than fifteen thousand (15,000) residents shall, whenso authorized by a vote of a majority of the qualified electors of thecounty voting on the proposal in an election held for that purpose, takethe steps necessary to implement Enhanced 911 within such county usingthe guidelines for implementation set forth in this act; (b) Those countiesnot currently in the process of installing “911”, or currentlyusing “911” emergency telephone service, which have a populationless than fifteen thousand (15,000) residents shall, when so authorizedby a vote of a majority of the qualified electors of the county votingon the proposal in an election held for that purpose, install either “Basic911” or “Enhanced 911” using the guidelines for implementationset forth in House Bill No. 901, 1993 Regular Session [Laws, 1993, ch.536].
Sources: Laws, 1987, ch. 310, 5; 1993, ch. 536, 3, eff from and afterJuly 1, 1993.
Research and Practice References- 74 AM Jur 2d, Telecommunications 60.2 AM Jur Proof of Facts 3d 583, Inadequate response to emergency telephonecall.
Annotations- Liability for failure of police response to emergency call.39 ALR 4th 691.
19-5-311. Methods for responding to emergency calls.
The emergency telephone system shall, when so authorized by a vote ofa majority of the qualified electors of the county voting on the proposalin an election held for the purpose, be designed to have the capabilityof utilizing at least one (1) of the following three (3) methods in responseto emergency calls: (a) “District dispatch method,” which isa telephone service to a centralized dispatch center providing for thedispatch of an appropriate emergency service unit upon receipt of a telephonerequest for such services and a decision as to the proper action to betaken, including, an E911 system. (b) “Relay Method,” whichis a telephone service whereby pertinent information is noted by the recipientof a telephone request for emergency services and is relayed to appropriatepublic safety agencies or other providers of emergency services for dispatchof an emergency service unit. (c) “Transfer method,” whichis a telephone service which receives telephone requests for emergencyservices and directly transfers such requests to an appropriate publicsafety agency or other provider of emergency services. The board of commissionersshall select the method which it determines to be the most feasible forthe county.
Sources: Laws, 1987, ch. 310 6;1993 ch. 536, eff from and after July1, 1993.
19-5-313. Emergency telephone service charges; use of excess funds
(1) The board of supervisors may levy an emergency telephone servicecharge in an amount not to exceed One Dollar ($1.00) per residential telephonesubscriber line per month and Two Dollars ($2.00) per commercial telephonesubscriber line per month. Any emergency telephone service charge shallhave uniform application and shall be imposed throughout the entirety ofthe district to the greatest extent possible in conformity with availabilityof such service in any area of the district. Cellular telephone and personalcommunications network subscribers shall also be subject to the subscriberservice charge. Cellular subscribers and personal communications networksubscribers shall be treated the same as residential wireline subscribersand charged accordingly with the proceeds paid to the county in which thesubscriber resides. Those districts which exist on the date of enactmentof House Bill No. 901, 1993 Regular Session [Laws, 1993, ch. 536], shallconvert to the following structure for service charge levy; If the currentcharge is (5%) of the basic tariff service rate, the new collection shallbe eighty Cents ($.80) per month per residential subscriber line and OneDollar and Sixty Cents ($1.60) per month per commercial subscriber line.The collections may be adjusted as outlined in House Bill No. 901, 1993Regular Session [Laws, 1993, ch. 534], and within the limits set forthherein. (2) If the proceeds generated by the emergency telephone servicecharge exceed the amount of monies necessary to fund the service, the boardof supervisors may authorize such excess funds to be expended by the countyand the municipalities in the counties to perform the duties and pay thecosts relating to identifying roads, highways and streets, as providedby Section 65-7-143. The board of supervisors shall determine how the fundsare to be distributed in the county and among municipalities in the countyfor paying the costs relating to identifying roads, highways and streets.The board of supervisors may temporarily reduce the service charge rateor temporarily suspend the service charge if the proceeds generated exceedthe amount that is necessary to fund the service and/or to pay costs relatingto identifying roads, highways and streets. Such excess funds may alsobe used in the development of county or district communications and pagingsystems when used primarily for the alerting and dispatching of publicsafety entities and for other administrative costs such as management personnel,maintenance personnel and related building and operational requirements.Such excess funds may be placed in a depreciation fund for emergency andobsolescence replacement of equipment necessary for the operation of theoverall 911 emergency telephone and alerting systems. (3) No such servicecharge shall be imposed upon more than twenty-five (25) exchange accessfacilities per person per location. Trunks or service lines used to supplyservice to cellular telephone sites or personal communications systemssites shall not have a service charge levied against them. Every billedservice user shall be liable for any service charge imposed under thissection until it has been paid to the service supplier. The duty of theservice supplier to collect any such service charge shall commence uponthe date of its implementation, which shall be specified in the resolutionfor the installation of such service. Any such emergency telephone servicecharge shall be added to and may be stated separately in the billing bythe service supplier to the service user. (4) The service supplier shallhave no obligation to take any legal action to enforce the collection ofany emergency telephone service charge. However, the service supplier shallannually provide the board of supervisors and board of commissioners witha list of the amount of uncollected, together with the names and addressesof those service users who carry a balance that can be determined by theservice supplier to be nonpayment of such service charge. The service chargeshall be collected at the same time as the tariff rate in accordance withthe regular billing practice of the service supplier. Good faith complianceby the service supplier with the provision shall constitute a completedefense to any legal action or claim which may result from the servicesupplier’s determination of nonpayment and/or the identification of serviceusers in connection therewith. (5) The amounts collected by the servicesupplier attributable to any emergency telephone service charge shall bedue the county treasury monthly. The amount of service charge collectedeach month by the service supplier shall be remitted to the county no laterthan sixty (60) days after the close of the month. A return, in such formas the board of supervisors and the service supplier agree upon, shallbe filed with the county, together with a remittance of the amount of servicecharge collected payable to the county. The service supplier shall maintainrecords of the amount of service charge collected for a period of at leasttwo (2) years from the date of collection. The board of supervisors andboard of commissioners shall receive an annual audit of the service supplier’sbooks and records with respect to the collection and remittance of theservice charge. From the gross receipts to be remitted to the county, theservice supplier shall be entitled to retain as an administrative fee,an amount equal to one percent (1%) thereof. From and after March 10, 1987,the service charge is a county fee and is not subject to any sales, use,franchise, income, excise or any other tax, fee or assessment and shallnot be considered revenue of the service supplier for any purpose. (6)In order to provide additional funding for the district, the board of commissionersmay receive federal, state, county or municipal funds, as well as fundsfrom private sources, and may expend such funds for the purposes of Section19-5-301 et seq.
Sources: Laws, 1987, ch. 310, 7; 1990, ch. 469, 1; 1991, ch. 457, 1;1991, ch. 542, 1; 1992, ch. 309, 1; 1993, ch. 536, 5, eff from and afterJuly 1, 1993.
Cross references- Authority to expend excess funds as provided in thissection for paying the costs of identifying roads, see 65-7-143.
19-5-315. Preexisting emergency communication districts; merger of emergencycommunications districts, multi-county districts.
(1) All provisions of Section 19-5-301 et. seq., with the exceptionof Section 19-5-307, shall not be construed to amend, repeal or supersedeany local and private act under which a county or municipality has, priorto the effective date of Section 19-5-301 et seq., established an emergencycommunications district. (2) The governing authorities of any municipalitywhich has established an emergency communications district under the provisionsof a local and private act enacted prior to the effective date of Section19-5-301 et. seq., may merge such district with the district establishedby the county in which the municipality is located, by order duly adoptedand entered on the minutes of the governing authority and after the boardof supervisors has duly adopted and entered on its minutes a similar order.After the county and the municipal districts have been merged, the localand private act for such municipality shall be of no force or effect. (3)Two (2) or more counties may, by order duly adopted and entered on theirminutes, establish a single emergency communications district to be composedof all the territory within such counties provided that before the establishmentthereof the board of supervisors of each of such counties has establishedan emergency communications district for its county in accordance withSection 19-5-305. When two (2) or more counties have established a singleemergency communications district for the counties as provided under thissubsection, the board of commissioners of the district shall consist ofthe members of the board of supervisors of each of such counties or seven(7) members from each county to be appointed as provided in Section 19-5-307.
Sources: Laws, 1987, ch.310, 8; 1993, ch. 536, 6, eff from and afterJuly 1, 1993.
19-5-317. Abusive calls prohibited; sanctions (1) When there is notan emergency, no person shall make a telephone call to an emergency telephoneservice and knowingly or intentionally: (a) Remain silent; (b) Makeabusive or harassing statements to an emergency telephone service employee;or (c) Report the existence of an emergency (2) No person shall knowinglypermit a telephone under his control to be used by another person in amanner described in subsection (1) of this section. (3) Conviction ofa first offense under this section is punishable by a fine not to exceedOne Thousand Dollars ($1,000.00) or by imprisonment for a period of timenot to exceed one hundred eighty (180) days or by both such fine and imprisonment.Conviction of any subsequent offense under this section is punishable bya fine not to exceed Two Thousand Dollars ($2,000.00) or by imprisonmentfor a period of time not to exceed one (1) year, or by both such fine andimprisonment. (4) For the purpose of this section, “emergency telephoneservice” shall mean a service established under Section 19-5-301 et.seq., Mississippi Code of 1972, or established under the provisions ofa local and private act enacted prior to October 20, 1987.
Sources: Laws; 1992, ch. 447, 1, eff from and after July 1, 1992.
Research and Practice References
74 AM Jur 2d, Telecommunications 206 86 CJS, Telegraphs, Telephones,Radio, and Television 123.
Annotations
Misuse of a telephone as minor criminal offense. 97 ALR2d 503. Validity,construction and application of state criminal statutes forbidding useof telephone to annoy or harass. 95 ALR3d 411. Telephone calls as nuisance.53 ALR4th 1153. Prohibition of obscene or harassing telephone calls ininterstate or foreign communications under 47 USCS 223. 50 ALR Fed 541.
EMERGENCY TELECOMMUNICATIONS; BOARD; STANDARDS AND TRAINING; BASIC ANDENHANCED 911
Sec. 19-5-351. Board of Emergency Telecommunications Standards and Trainingcomposition; terms; votes; chairman and Vice Chairman; adoption of rulesand regulations. 19-5-353. Certification requirement for telecommunicators;minimum standards of training; suspension, cancellation, or recall of certificate;reprimands; notice, hearing and appeal; reapplication; penalties for employmentof telecommunicator not duly qualified; other training not precluded. 19-5-355.Approval and completion of training; training expenses; issuance of certification.19-5-357. Telephone subscriber service charge to fund training; collectionof charge; special funds; use of monies in fund; training expenses. 19-5-359.Requirement of service suppliers and other parties to provide access tobasic or enhanced 911 service; time to comply. 19-5-361. 911 service suppliersentitled to same limitations of liability as provided to state, state agenciesand local governments.
19-5-351. Board of Emergency Telecommunications Standards and Training;composition; terms; votes; Chairman and Vice Chairman; adoption or rulesand regulations; meetings; reports; expenses.
(1) There is hereby created the Board of Emergency TelecommunicationsStandards and Training, which shall consist of twelve (12) members andshall operate with the administrative assistance of the Office of Law EnforcementPlanning, Department of Public Safety. (2) The Board of Emergency TelecommunicationsStandards and Training shall consist of one (1) representative from eachof the following: the Law Enforcement Training Academy; the State FireAcademy; the Mississippi Chapter of the Associated Public Safety CommunicationsOfficers, Incorporated; the Mississippi Chapter of the National EmergencyNumber Association; the State Board of Health, Emergency Medical ServicesDivision; the Mississippi Justice Information Center; The Mississippi Sheriff’sAssociation; the Mississippi Law Enforcement Officers’ Association; theMississippi Fire Chief’s Association; the Mississippi Association of Chiefsof Police; the Mississippians for Emergency Medical Service Association;and a representative from the county wherein a nuclear facility is located.Each member organization shall have one (1) vote in the selection of trainingprograms for a total of twelve (12) votes. A majority vote shall decideall matters brought before the board. (a) The initial term limits ofthe board shall be according to the following: (i) Associated PublicSafety Communication Officers’ appointee, one (1) year (ii) MississippiLaw Enforcement Officers’ Association appointee, one (1) year (iii)Mississippi Fire Chief’s Association appointee, one (1) year. (iv) NationalEmergency Number Association appointee, two (2) years. (v) MississippiSheriff’s Association Appointee, two (2) years. (vi) Mississippiansfor Emergency Medical Service Association appointee, two(2) years. (vii) Mississippi Association of Chiefs of Police appointee, two (2)years. (viii) The county wherein is located a nuclear facility shallhave one (1) appointee for two (2) years. (b) After the initial period,each appointee of the associations listed above shall serve for terms offour (4) years each, but may be replaced at any time by the associationappointing such representative. (c) The remaining four (4) members ofthe board shall serve at the discretion of the discretion of the directorof the agency represented. (3) Members of the board shall serve withoutcompensation but shall be entitled to receive reimbursement for any actualand reasonable expenses incurred as a necessary incident to such service,including mileage, as provided in Section 25-3-41, Mississippi code of1972. (4) There shall be a chairman and a vice chairman of the board electedby and from the membership of the board. The board shall adopt rules andregulations governing times and places for meetings and governing the mannerof conducting its business, but the board shall meet at least every six(6) months. (5) The Director of the Office of the Board on Law EnforcementStandards and Training shall call an organizational meeting of the boardnot later than thirty (30) days after July 1, 1993. (6) The board shallreport annually to the Governor and the Legislature on its activities andmay make such other reports as it deems desirable.
Sources: Laws, 1993, ch. 536, 7, ef from and after July 1, 1993
19-5-353. Certification requirement for telecommunicators; minimum standardsof training; suspension, cancellation, or recall of certificate; reprimands;notice, hearing and appeal; reapplication; penalties for employment oftelecommunicator not duly qualified; other training not precluded.
(1) The initial minimum standard of training for local public safetyand 911 telecommunicators shall be determined by the Board of EmergencyTelecommunications Standards and Training. All courses approved for minimumstandards shall be taught by instructors certified by the course originatoras instructors for such courses. (2) The minimum standards may be changedat any time by the Board of Emergency Telecommunications Standards andTraining. (3) Changes in the minimum standards may be made upon requestfrom any bona fide public safety, emergency medial or fire organizationoperating within the State of Mississippi. Requests for change shall bein writing submitted to either the State Law Enforcement Training Academy;the State Fire Academy; the Mississippi Chapter of the Associated PublicSafety Communications Officers, Incorporated; the Mississippi Chapter ofthe National Emergency Number Association; the Mississippi State Boardof Health, Emergency Medical Services Division; the Mississippi JusticeInformation Center; the Mississippi Sheriff’s Association; the MississippiFire Chief’s Association; the Mississippi Association of Chiefs of Police;or Mississippians for Emergency Medical Service. (4) The minimum standardsin no way are intended to restrict or limit any additional training whichany department or agency may wish to employ, or any state or federal requiredtraining, but to serve as a basis or foundation for basic training. (5)Persons in the employment of any public safety, fire, 911 PSAP or emergencymedical agency as a telecommunicator on July 1, 1993, shall have three(3) years to be certified in the minimum standards courses provided theyhave been employed by such agency for a period of more than one (1) yearprior to July 1, 1993. (6) Persons having been employed by any publicsafety, fire 911 PSAP or emergency medical agency as a telecommunicatorfor less than one (1) year prior to July 1, 1993, shall be required tohave completed all the requirements for minimum training standards, asset forth in this act [Laws, 1993, ch. 536], within one (1) year from July1, 1993. Persons certified on or before July 1, 1993, in any course orcourses chosen shall be given credit for these courses, provided the courseare still current and such persons can provide a course completion certificate. (7) Any person hired to perform the duties of a telecommunicator in anypublic safety, fire, 911 PSAP or emergency medical agency after July 1,1993, shall complete the minimum training standards as set forth in thisact [Laws, 1993, ch. 536] within twelve (12) months of their employmentor within twelve (12) months from the date that the Board of EmergencyTelecommunications Standards and Training shall become operational. (8)Professional certificates remain the property of the board, and the boardreserves the right to either reprimand the holder of a certificate suspenda certificate upon conditions imposed by the board, or cancel and recallany certificate when: (a) The certificate was issued by administrativeerror; (b) The certificate was obtained through misrepresentation orfraud; (c) The holder has been convicted of any crime involving moralturpitude; (d) The holder has been convicted of a felony; or (e) Otherdue cause as determined by the board
When the board believes there is a reasonable basis for either the reprimand,suspension, cancellation of, or recalling the certification of a telecommunicator,notice and opportunity for a hearing shall be provided. Any telecommunicatoraggrieved by the findings and order of the board may file an appeal withthe chancery court of the county in which such person is employed fromthe final order of the board. Any telecommunicator whose certificationhas been canceled pursuant to this act [Laws, 1993, ch. 536] may reapplyfor certification but not sooner than two (2) years after the date on whichthe order of the board canceling such certification became final. (9)Any state agency or political subdivision that employees a person as atelecommunicator who does not meet the requirements of this act [Laws,1993, ch. 536], or who employs a person whose certificate has been suspendedor revoked under provisions of this act [Laws, 193, ch.536], is prohibitedfrom paying the salary of such person, and any person violating this subsectionshall be personally liable for making such payment. (10) These minimumstandards and time limitations shall in no way conflict with other stateand federal training as may be required to comply with established lawsor regulations. Sources: Laws, 1993, ch. 536 8, eff from and after July1, 1993.
Research and Practice References– 74 Am Jur 2d, Telecommunications60.
Annotations– Liability for failure of police response to emergencycall. 39 ALR4th 691. Admissibility of tape recording or transcript of “911”emergency telephone call. 3 ALR5th 784.
19-5-355. Approval and completion of training; training expenses; issuanceof certification
(1) When it shall be determined that training is required, a requestfor training shall be submitted to the Board of Emergency TelecommunicationsStandards and Training for approval of course, course location, estimatedcost and base weekly salary of the telecommunicator to attend the courseof instruction. Upon approval of training and successful completion ofthe training course, all expenses associated with the obtaining of suchtraining shall be reimbursed. The local government entity or emergencyservice provider shall be reimbursed for the full salary and benefits ofeach telecommunicator completing such training. (2) Upon completion ofany course required in these minimum training standards, each telecommunicatorshall be issued a certificate which shall signify successful completionof such training. When all minimum standards training has been met, copiesof certificates of course completion shall be forwarded to the Board ofEmergency Telecommunications Standards and Training which will then issue”Certification of Minimum Standards” to such telecommunicator.Certifications shall be issued separately for law enforcement, fire andemergency medical service telecommunicators. Sources: Laws, 1993, ch.536,9, eff from and after July 1, 1993.
19-5-357. Telephone subscriber service charge to fund training; collectionof charge; special fund; use of monies in fund; training expenses.
(1) From and after July 1, 1993, a service charge of Five Center ($.05)shall be placed on each subscriber service line within the State of Mississippi.This service charge shall apply equally to both private and business linesand shall apply to all service suppliers operating within the State ofMississippi. This subscriber service charge level shall be reviewed periodicallyto determine if the service charge level is adequate or excessive , andadjustments may be made accordingly. (2) Every billed service user shallbe liable for any service charge imposed under this section until it hasbeen paid to the service supplier. The duty of the service supplier tocollect any such service charge shall commence upon the date of its implementation.Any such minimum standards telephone service charge shall be added to,and may be stated separately in, the billing by the service supplier tothe service user. (3) The service supplier shall have no obligation totake any legal action to enforce the collection of any emergency telephoneservice charge. However, the service supplier shall annually provide theBoard of Emergency Telecommunications Standards and Training with a listof the amount uncollected, together with the names and addresses of thoseservice users who carry a balance that can be determined by the servicesupplier to be nonpayment of such service charge. The service charge shallbe collected at the same time as the tariff rate in accordance with theregular billing practice of the service supplier. Good faith complianceby the service supplier with the provision shall constitute a completedefense to any legal action which may result from the service supplier’sdetermination of nonpayment and/or the identification of service usersin connection therewith. (4) The amounts collected by the service supplierattributable to the minimum standards telephone service charge shall bedeposited monthly into a special fund hereby created in the State Treasury.The amount of service charge collected each month by the service suppliershall be remitted to the special fund no later than sixty (60) days afterthe close of the month. A return, in such form as the State Tax Commissionand the service supplier agree upon, shall be filed with the tax commission,together with a remittance of the amount of service charge collected payableto the special fund. The service supplier shall maintain records of theamount of service charge collected for a period of at least two (2) yearsfrom date of collection. The State Tax Commission shall receive an annualaudit of the service supplier’s books and records with respect to the collectionand remittance of the service charge. From the gross receipts to be remittedto the special fund. the service supplier shall be entitled to retain asan administrative fee, an amount equal to one percent (1%) therof. Thisservice charge is a state fee and is not subject to any sales, use, franchise,income, excise or any other tax fee or assessment, and shall not be consideredrevenue of the service supplier for any purpose. (5) The proceeds generatedby the minimum standards service charge shall primarily be used by theboard pursuant to legislative appropriation to fund the minimum standardstraining program for public safety telecommunicators within the State ofMississippi. These funds shall be applied on a first come first serve basis,which shall be determined by the date of application. All city, county,and state public safety telecommunicators, including those employed bycity and/or county supported ambulance services and districts, shall beeligible to receive these funds to meet minimum standards training requirements.No “for profit” ambulance, security or fire service companiesoperating in the private sector or on a contract with a local governmentshall be qualified to receive these minimum standards training funds. Lawenforcement officers, fire and emergency medical personnel who are usedas part-time or “fill-in” telecommunicators shall also be eligibleto receive funding for this minimum standards training, provided they serveat least eight (8) hours per month as a telecommunicator. These funds mayalso be expended by the Board of Emergency Telecommunications Standardsand Training to administer the minimum standards program for such thingsas personnel, office equipment, computer software, supplies and other necessaryexpenses. (6) The Board of Emergency Telecommunications Standards andTraining shall be authorized to reimburse any public safety agency or emergencymedical service, as defined in this act [Laws, 1993, ch. 536], for meals,lodging, travel, course fees and salary during the time spent training,upon successful completion of such course. Funds may also be expended totrain certain individuals to become certified instructors of the variouscourses included in these minimum standards in order to conduct trainingwithin the State of Mississippi. (7) If the proceeds generated by theminimum standards service charge exceed the amount of monies necessaryto fund the service, the Board of Emergency Telecommunications Standardsand Training may authorize such excess funds to be available for advancedtraining, upgraded training and recertification of instructors. Any fundsremaining at the close of any fiscal year shall not lapse into the StateGeneral Fund but shall be carried over to the next fiscal year to be usedas a beginning balance for the fiscal requirements of such year.
Sources: Laws, 1993, ch.536, 10, eff from and after July 1, 1993.
19-5-359. Requirement of service suppliers and other parties to provideaccess to basic or enhanced 911 service; time to comply.
(1) Any service supplier operating within the State of Mississippishall be required to provide access to the locally designated PSAP by dialingthe three (3) digits “911” from any telephone subscriber linewithin such service area. Where technically available, each service suppliershall, at a county’s request, provide “Enhanced 911” services.Where this capability does not technically exist, “Basic 911″shall be available as a minimum. (2) From and after December 31, 1993,any person, corporation or entity operating a “shared tenant service”type of telephone system shall be required to provide as a minimum thelocation and telephone number information for each and every extensionor user on such “shared tenant” system to the regulated localexchange telephone service provider where the service provider can utilizesuch information in the delivery of “Enhanced 911” emergencytelephone service. This information shall consist of data in a format thatis compatible with the service supplier’s requirements in order to providesuch location and telephone number information automatically in the eventa call to 911 is placed from such a system. It shall be the responsibilityof the operator or provider of “STS” telephone services to maintainthe data pertaining to each extension operating on such system. (3) Fromand after December 31, 1993, any person, corporation or entity operatinga “private branch exchange” were off-premise extensions are usedshall provide as a minimum the location and telephone number informationfor each and every off-premise extension where the regulated local exchangetelephone service provider can utilize such information in the deliveryof “Enhanced 911” emergency telephone service. This informationshall consist of data in a format that is compatible with the service suppliersrequirements in order to provide such location and telephone number informationautomatically in the event a call to 911 is placed from such a system.It shall be the responsibility of the provider or operator of such “PBX”services to maintain the data pertaining to each extension operating undersuch PBX system. (4) Any cellular telephone operating companies and anypersonal communications networks operating within the State of Mississippishall be required to have all trunks or service lines supplying all cellularsites and personal communications network contain the word “cellular”in the service supplier listing for each trunk or service line to facilitateoperator identification of cellular and PCN telephone calls placed to 911. (5) Any service suppliers engaged in the offering or operating of “Centrex”or “ESSX” telephone service within the State of Mississippi shallcause the actual location of all extensions operating in this service tobe displayed at the PSAP whenever a 911 call is placed from said extension.This feature shall not be required in areas where Enhanced 911 is not inoperation but shall be required should such area upgrade to Enhanced 911service. (6) Any local exchange telephone service suppliers offering “quick-serve”or “soft” dial tone shall provide address location informationto the PSAP operating in the area where the “quick-serve” or”soft” dial tone is in operation so that the PSAP may have thisaddress information displayed should a call to 911 be placed from suchlocation. It shall be the responsibility of the service supplier to determinein which emergency service number area the “quick-serve” or “soft”dial tone is located. (7) Any service suppliers operating within the Stateof Mississippi and providing Enhanced 911 telephone service shall havea reasonable time period, not to exceed five (5) years, to comply withdata and operational standards as they are set forth by the National EmergencyNumber Association. This time period shall apply to data format, equipmentsupplied for PSAP use and for the length of time required for data updatesrelating to service user address information, emergency service numberupdates and other data updates as may be required. Sources: Laws, 1993,ch. 536, 11, eff from and after July 1, 1993.
19-5-361. 911 Service suppliers entitled to the same limitations ofliability as provided to state, state agencies and local governments.
Any emergency 911 telephone service supplier operating within the Stateof Mississippi, its employees, directors, officers, agents and subcontractors,shall be entitled to receive the limitations of liability as provided tothe state, or any agency or local government of the state, pursuant toSection 11-46-15, Mississippi Code of 1972.
Sources: Laws, 1993, ch. 536, 12, eff from and after July 1, 1993.
Chapter 7
Property and Facilities
New Sections Added
Sec. 19-7-8. Liability insurance; authority to pay certain claims whichare less than deductible amount for liability insurance in effect.