(j) The disclosure is required by a state or federal law. 2021 Arizona Revised Statutes Title 13 - Criminal Code 13-911 - Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition Universal Citation: AZ Rev Stat 13-911 (2021) 13-911. All case records that are sealed pursuant to this section may be: 2. Office means the Division of Telecommunications within the Department of Management Services, as designated by the secretary of the department. FACILITATING E911 SERVICE IMPLEMENTATION. The clerk shall create and manage a system for sealing case records pursuant to this section and for providing sealed case records to an entity or person that is listed in subsection J of this section and that requests the record. All the information related to text to 9-1-1 andArizona Text to 9-1-1 Deployment by PSAP status is available here. C. The person shall file a petition to seal all case records in one of the following: 1. Fla. 2011 Florida Statutes. (B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than two hundred dollars, or both." SECTION 2. On property acquired for transportation purposes, leases shall be granted in accordance with s. If any person adversely affected by any action, or failure to act, or regulation, or requirement of a local government in the review or regulation of the wireless communication facilities files an appeal or brings an appropriate action in a court or venue of competent jurisdiction, following the exhaustion of all administrative remedies, the matter shall be considered on an expedited basis. For the purposes of this section, " case records" means all records that pertain to a person's arrest, conviction and sentence for a particular offense and that may be sealed pursuant to this section. Building permit review means a review for compliance with building construction standards adopted by the local government under chapter 553 and does not include a review for compliance with land development regulations. A subcategory of prank calls is diversionary calls. B. The timeframes specified in subparagraph 2. may be extended only to the extent that the application has not been granted or denied because the local governments procedures generally applicable to all other similar types of applications require action by the governing body and such action has not taken place within the timeframes specified in subparagraph 2. 13-911. admissible in evidence in any action without testimony from a custodian of records if the If a prepaid wireless device is sold for a single, nonitemized price with a prepaid wireless service of 10 minutes or less or $5 or less, the seller may elect not to apply the prepaid wireless E911 fee to the transaction. This site is protected by reCAPTCHA and the Google, There is a newer version 5. A person commits false reporting by initiating or circulating a report of a bombing, fire, offense or other emergency knowing that such report is false and intending: 1. The provisions of chapter 212 regarding authority to audit and make assessments, keeping of books and records, and interest and penalties on delinquent fees shall apply. . or investigation of false reporting and who is convicted of a violation of this section records and recordings are accompanied by the following signed form: The accompanying records and recordings and explanatory material are The right of the person whose case records are sealed to appeal the conviction or sentence or to rely on it in bar of any subsequent proceeding for the same offense. Welcome to the Arizona Laws section of FindLaw's State Law collection. is liable for the expenses that are incurred incident to the emergency response or Arizona Adult Protective Services Definitions. Retail transaction means the purchase by a consumer from a seller of prepaid wireless service that may be applied to a single service identifier for use by the consumer. Arizona Department of Administration Rural county means any county that has a population of fewer than 75,000. Separate multiple addresses with commas (,). The provider may list the fee as a separate entry on each bill, in which case the fee must be identified as a fee for E911 services. Such transaction is deemed to have occurred in the county of the business location. Nextel's campaign to stop accidental wireless 911 calls. C.False reporting is a class 1 misdemeanor, except that a second or subsequent violation A local government may not levy the fee or any additional fee on providers or subscribers for the provision of E911 service. October 28, 2008. The board shall distribute the remainder pursuant to s. Voice communications services providers billing the fee to subscribers shall deliver revenues from the fee to the board within 60 days after the end of the month in which the fee was billed, together with a monthly report of the number of service identifiers in each county. 3. The provisions of estimated tax liability in s. A seller of prepaid wireless services in this state must register with the Department of Revenue for each place of business as required by s. The Department of Revenue shall deposit the funds remitted under this subsection into the Audit and Warrant Clearing Trust Fund established in s. Beginning March 1, 2015, a seller may retain 5 percent of the prepaid wireless E911 fees that are collected by the seller from consumers as a retailer collection allowance. 1/1/23) A. location address _______________________, originating telephone number in whole or in part in this state and that provides police, fire fighting, medical - word or citation search of C.R.S.) _____________________, dispatch time _____________________, arrival Collocation means the situation when a second or subsequent wireless provider uses an existing structure to locate a second or subsequent antennae. July 30, 2012. Misuse and abuse of 911 shares some similarities with the problems listed below, which require their own analysis and response. 1971, effective May 12, 2000. A second reason is that it immediately identifies the purpose for the call; however, one must look further to determine if calls are a misuse or abuse of 911. The board shall establish a committee to review requests for proposals which must include the statewide E911 system director designated under s. The board may secure the services of an independent accounting firm via invitation to bid, request for proposals, invitation to negotiate, or professional contracts already established at the Division of Purchasing, Department of Management Services, for certified public accounting firms, or the board may hire and retain professional accounting staff to accomplish these functions. A person who knowingly violates this section commits a Class 1 misdemeanor. In no event shall the fee exceed 50 cents per month for each service identifier. Preventing use of telephone in emergency; false representation of emergency; classification; definitions. Stay up-to-date with how the law affects your life. Land development regulations means any ordinance enacted by a local government for the regulation of any aspect of development, including an ordinance governing zoning, subdivisions, landscaping, tree protection, or signs, the local governments comprehensive plan, or any other ordinance concerning any aspect of the development of land. The amount to be remitted to the Department of Revenue. 5. The superior court in the county where a person was arrested if the person did not have an initial appearance and no charges were filed. The court in which the person was convicted of an offense. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. time_____________________. A. These costs include the acquisition, implementation, and maintenance of Public Safety Answering Point (PSAP) equipment and E911 service features, as defined in the providers published schedules or the acquisition, installation, and maintenance of other E911 equipment, including: circuits; call answering equipment; call transfer equipment; ANI or ALI controllers; ANI or ALI displays; station instruments; E911 telecommunications systems; visual call information and storage devices; recording equipment; telephone devices and other equipment for the hearing impaired used in the E911 system; PSAP backup power systems; consoles; automatic call distributors, and interfaces, including hardware and software, for computer-aided dispatch (CAD) systems; integrated CAD systems for that portion of the systems used for E911 call taking; GIS system and software equipment and information displays; network clocks; salary and associated expenses for E911 call takers for that portion of their time spent taking and transferring E911 calls, salary, and associated expenses for a county to employ a full-time equivalent E911 coordinator position and a full-time equivalent mapping or geographical data position, and technical system maintenance, database, and administration personnel for the portion of their time spent administrating the E911 system; emergency medical, fire, and law enforcement prearrival instruction software; charts and training costs; training costs for PSAP call takers, supervisors, and managers in the proper methods and techniques used in taking and transferring E911 calls; costs to train and educate PSAP employees regarding E911 service or E911 equipment, including fees collected by the Department of Health for the certification and recertification of 911 public safety telecommunicators as required under s. The moneys may not be used to pay for any item not listed in this subsection, including, but not limited to, any capital or operational costs for emergency responses which occur after the call transfer to the responding public safety entity and the costs for constructing, leasing, maintaining, or renovating buildings, except for those building modifications necessary to maintain the security and environmental integrity of the PSAP and E911 equipment rooms. Convicted of a serious offense or violent or aggravated felony as defined in section 13-706. Effective January 1, 2015, the fee shall be 40 cents per month for each service identifier. Collocation among wireless providers is encouraged by the state. F. Notwithstanding subsection E of this section, if the person has a prior historical felony conviction, the person may petition the court to seal the person's records of arrest, conviction and sentence pursuant to subsection E of this section after an additional five years. The amount of the E911 fee collected by a provider may not be included in the base for imposition of any tax, fee, surcharge, or other charge imposed by this state, any political subdivision of this state, or any intergovernmental agency. Arizona 9-1-1 Program Assessment . When a seller is authorized by the Department of Revenue pursuant to s. A seller collecting less than $50 per month of prepaid wireless E911 fees may file a quarterly return for the calendar quarters ending in March, June, September, and December. (c) The sealed case records involved burglary or theft from a residential or nonresidential structure and the person is applying for a job that requires entering into and performing services inside of a residential structure. D. Phantom wireless calls are a documented problem in the United States, Canada, the United Kingdom, and Australia, although other countries where wireless phones are extensively used probably also experience this problem since wireless systems are similar, despite location. 2001-133; s. 7, ch. 9-1-1 Program. 2019-118; s. 1, ch. Sign up for our free summaries and get the latest delivered directly to you. PHOENIX A former Valley attorney was sentenced Friday to six years in prison after a Maricopa County jury convicted him of sex crimes. 4. In other words, the caller knows there is enough room for "caller error" that he or she cannot be charged (or prosecuted) for the exaggerated 911 call. Provide coordination, support, and technical assistance to counties to promote the deployment of advanced 911 and E911 systems in the state. The FY2023 grant period opens on December 1st, 2021and will close January 15th, 2022. Such collocations are not subject to any design or placement requirements of the local governments land development regulations in effect at the time of the collocation that are more restrictive than those in effect at the time of the initial antennae placement approval, to any other portion of the land development regulations, or to public hearing review. Ensuring that wireless providers are not provided disbursements from the fund which exceed the costs of providing E911 service, including the costs of complying with the order. 3. The court may dismiss a petition that does not meet the requirements prescribed in this section without a hearing. The Arizona 9-1-1 Program resides within the Arizona Department of Administration. 4. facility. Department of Justice COPS Response Center, Responses to the Problem of Misuse and Abuse of 911, Multiple 911 calls about the same incident, such as multiple calls about a traffic accident, False burglar and fire alarm 911 calls (see the. Department of Health certification and recertification and training costs for 911 public safety telecommunications, including dispatching, are functions of 911 services. Laws 1979, c. 176, 3, emerg. Description : Job Title: Public Health Nurse. The court shall issue an order sealing all records relating to the petitioner's arrest, conviction and sentence and directing the clerk of the court to notify the department of public safety and the prosecutor of the sealing order. Nebraska Legislature on behalf of State v. Hergert, 271 Neb. Chapter 63. Each provider may retain 1 percent of the amount of the fees collected as reimbursement for the administrative costs incurred by the provider to bill, collect, and remit the fee. A county subscribing to 911 service remains liable to the provider delivering the 911 service or equipment for any 911 service, equipment, operation, or maintenance charge owed by the county to the provider. The request for proposals must include, but need not be limited to: A description of the scope and general requirements of the services requested. C. This section does not require a person to allow another person to enter the person's home or place of residence for the purpose of using a telephone in an emergency situation. 2010-5; s. 1, ch. Tower means any structure designed primarily to support a wireless providers antennae. Such area codes include those for Wilmington, N.C. (910); Savannah, Ga. (912); Kansas City, Kan. (913); Westchester County, N.Y. (914); El Paso, Texas (915); Sacramento, Calif. (916); some parts of New York City (917); Tulsa, Okla. (918); and Raleigh, N.C. (919). If a collocation does not meet the requirements of subparagraph 1., the local government may review the application under the local governments regulations, including, but not limited to, land development regulations, applicable to the placement of initial antennae and their accompanying equipment enclosure and ancillary facilities. The local government may require that the wireless provider reimburse the reasonable costs incurred by the local government for this cooperative determination. Local exchange carrier means a competitive local exchange telecommunications company or a local exchange telecommunications company as defined in s. Local government means any municipality, county, or political subdivision or agency of a municipality, county, or political subdivision. Services included in system. by . For recordings of 9-1-1 calls, please call the jurisdiction where the incident occurred. Florida's Homeowners' Association Act and Condominium Act provide one of the most detailed frameworks for emergency powers in an HOA. 9-1-1 Program. Title VI, known as thePublic Safety and Spectrum Act, reallocated spectrum in the 700MHz block to public safety. 2020-2; s. 9, ch. It is the intent of the Legislature that all revenue from the fee be used as specified in s. State and local taxes do not apply to the fee. I. Some callers suffer from delusions, actually believing an emergency is occurring; others are often simply seeking company, perhaps not realizing the public expense of their calls and the accident-injury risks involved in officers responding to high priority dispatch calls. All costs directly attributable to the establishment or provision of E911 service and contracting for E911 services are eligible for expenditure of moneys derived from imposition of the fee authorized by subsections (8) and (9). A caller dials 911 to send the police to a location where no emergency has occurred, diverting them away from the caller's criminal activity. Each voice communications service provider other than a wireless provider shall bill the fee to a subscriber based on the number of access lines having access to the E911 system, on a service-identifier basis, up to a maximum of 25 access lines per account bill rendered.
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