Delaware Code Title 16 Sec. 10005 – Creation of Enhanced 911 Emergency Service Board
(a) There is hereby established an Enhanced 911 Emergency Reporting System Service Board.
Terms Used In Delaware Code Title 16 Sec. 10005
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Board: means the Enhanced 911 Emergency Reporting System Service Board. See Delaware Code Title 16 Sec. 10002
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fund: means the 911 Emergency Reporting System Service Fund created by Chapter 101 of this title. See Delaware Code Title 16 Sec. 10002
- Quorum: The number of legislators that must be present to do business.
- Secretary: shall mean the Secretary of the Department of Safety and Homeland Security. See Delaware Code Title 16 Sec. 10002
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- wireless plan: means a document to be prepared, maintained and kept current by the Board providing for all aspects of the development, implementation, operation and maintenance of a statewide wireless E-911 system, including the exclusive authority to approve wireless provider service agreements, advise regarding technical standards, formulate technical plans and determine permitted uses of and amounts disbursed from the 911-Enhanced Emergency Reporting Fund to wireless carriers as of January 1, 2002, pursuant to § 10104 of this title. See Delaware Code Title 16 Sec. 10002
- Wireless service: means commercial mobile radio service as defined under §§ 3(33) and 332(d) of the Communications Act of 1934 [47 USC §§ 153(33) and 322(d)], as amended by the federal Telecommunications Act of 1996 (47 U. See Delaware Code Title 16 Sec. 10002
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) The Board shall act in an advisory capacity to the Governor, the Secretary and the General Assembly on all matters related to the E-911 system, service and funding thereof.
(c) The Board shall be comprised of 7 members appointed by the Governor with the advice and consent of the Senate. The Governor shall designate a chairperson who shall serve an unlimited term at the pleasure of the Governor. At least 3 members shall have technical or financial expertise on telecommunications issues and at least 1 member shall be a representative from the Delaware Association of County Governments. The term of each member, excluding the chairperson who shall serve at the pleasure of the Governor, shall be for 3 years except that for the initial members of the Board, 2 members shall be appointed for a term of 1 year, 2 members shall be appointed for a term of 2 years, and 2 members shall be appointed for a term of 3 years. The members of the Board shall be permitted to attend by proxy no more than 3 times in a calendar year. A proxy vote shall have the same force and effect as if the proxy vote had been taken by the actual appointed member of the Board who designated the proxy.
(d) Members of the Board shall serve without compensation except that they shall be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Board.
(e) The Department of Safety and Homeland Security shall provide administrative support to the Board and may seek reimbursement from the Fund for reasonable costs incurred with administering the Board and Fund.
(f) The Board’s duties and responsibilities shall include the following.
(1) The Board shall develop and adopt a comprehensive E-911 state plan by February 1, 2004, which shall cover a period of not less than 3 years and which shall include a wireless E-911 state plan. The plan shall be reviewed, updated and prioritized on an annual basis.
(2) No later than March 1 of each year, beginning in 2002, the Board shall provide an annual report to the Governor, Secretary, Department of Technology and Information, or its successor agency, and General Assembly, which shall, at a minimum, include a summary of the progress on the wireless E-911 system, an evaluation of the E-911 system as a whole, the capital improvements and expenditures proposed for the upcoming fiscal year, expected revenues from the surcharges in the next fiscal year, and a summary of the revenues and expenses for the prior fiscal year. In no event shall the proposed annual expenses associated with the E-911 system exceed the anticipated annual revenues of the Fund.
(3) The Board shall develop, evaluate, establish, recommend and adopt a wireless E-911 state plan pursuant to the FCC E-911 order. The wireless plan shall cover a period of not less than 3 years and shall provide for the systematic deployment of wireless E-911 service across the State.
(4) The Board shall conduct a public meeting in each of the 3 counties in this State prior to the adoption of the E-911 state plan and the wireless E-911 state plan.
(5) When the wireless E-911 state plan is fully implemented, the Board shall insure that wireless service in all communities is or can be selectively routed to one or more public safety answering points.
(6) The Board shall conduct a comprehensive review of the entire E-911 system no later than November 15, 2004, and every 3 years thereafter, and make a written report on its findings and recommendations regarding the adequacy of the system, service thereunder, and funding to the Governor, Secretary, Department of Technology and Information, or its successor agency, and General Assembly. The Board is authorized to retain the services of professionals, as needed, to assist it in its duties under this subsection.
(g) Actions by the Board shall be by a majority of those present at Board meetings where a quorum has been established. All voting shall be done in person and at regular or special meetings of the Board, except as provided in subsection (c) of this section.
(h) The Board shall work in concert with the Department of Safety and Homeland Security, providers, emergency service providers, counties and municipal governments offering 911 service and any other appropriate department, agency or committee focusing on statewide emergency service affected by the development and maintenance of the E-911 System.
(i) The Board may exercise all powers and conduct such activities as are necessary in carrying out its responsibilities under this chapter and Chapter 101 of this title.
(j) All providers as defined § 10002(10) of this title shall officially designate a person to coordinate with, and provide information to, the Board as required by the Board.
67 Del. Laws, c. 57, § ?1; 69 Del. Laws, c. 256, § ?1; 73 Del. Laws, c. 115, § ?5; 74 Del. Laws, c. 110, § ?138; 74 Del. Laws, c. 128, § ?4; 74 Del. Laws, c. 137, § ?1; 76 Del. Laws, c. 183, § ?3; 76 Del. Laws, c. 384, §§ ?1-3;