AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO EMERGENCY SERVICES.
What changed between versions
The monthly surcharge on telecommunications subscribers increases from 60 cents to 90 cents per month beginning October 1, 2026, then rises by 10 cents every 2 years with a cap of $2.00 per month. The prepaid wireless surcharge also increases from 60 cents to 90 cents per retail transaction.
A new PSAP funding formula takes effect January 1, 2027: total monthly disbursements to all PSAPs equal one-quarter of the monthly surcharges deposited into the Fund. Each PSAP's share is determined by billing addresses (residential lines, BRI ISDN arrangements, and wireless numbers). The formula is recalculated every 5 years starting January 1, 2032. A minimum of $2,500,000 per year must be distributed to PSAPs total.
The Board may reduce, suspend, or terminate PSAP disbursements if a PSAP fails to comply with chapter requirements, fails to provide 911 service, fails to transition to Board-managed vendors after the migration date, or fails to submit required accounting or comply with audit requests.
PSAPs receiving Fund disbursements must deposit funds into a separate dedicated bank account, submit semiannual financial reports (January 15 and July 15), undergo audits at least once every 3 years, and migrate their 911 operations to Board-managed vendors no later than December 31, 2027.
The Board must determine the number and location of PSAPs statewide, with a cap of no more than 9 total PSAPs. All PSAPs in operation as of the effective date are grandfathered in, but if one closes it cannot be replaced and the total count decreases.
A new cybersecurity incident response section (10106) requires affected entities to notify the Board within 1 hour of discovering a ransomware attack or other cyber incident affecting the 911 system, isolate affected systems, obtain Board and law enforcement authorization before paying any ransom, and submit a written incident report within 10 business days of system restoration.
Text and audio recordings of 911 calls are now explicitly designated as confidential and exempt from the Delaware Freedom of Information Act, with specific exceptions for disclosure to emergency responders, criminal justice agencies, courts, and for system maintenance purposes.
The 911 System is now defined to require use of next generation 911 technology or other technologies adopted by the Board, replacing the prior requirement for a 911-Enhanced Emergency Reporting System. New definitions cover NG911, 911 calls (including text, video, and IP-based communications), ESInet, CAD systems, and wireline services.
The Board's role is expanded to include serving as the exclusive contracting agent for the statewide 911 system, establishing efficient procurement processes, monitoring communications technology trends, and coordinating technical and operational standards for a statewide interconnected NG911 network.
