House Study Bill 246
SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
PUBLIC DEFENSE BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the statutory responsibilities of the
2 department of public defense, emergency management division,
3 by modifying the responsibilities of the emergency management
4 division regarding urban search and rescue, incident command
5 system training, and enhanced 911 service administration, and
6 modifying enhanced 911 surcharges.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
8 TLSB 1468DP 80
9 jj/pj/5
PAG LIN
1 1 Section 1. Section 29C.8, subsection 3, Code 2003, is
1 2 amended by adding the following new paragraphs:
1 3 NEW PARAGRAPH. f. (1) Approve and support the
1 4 development and ongoing operations of an urban search and
1 5 rescue team to be deployed as a resource to supplement and
1 6 enhance emergency and disaster operations.
1 7 (2) A member of an urban search and rescue team acting
1 8 under the authority of the administrator or pursuant to a
1 9 governor's disaster proclamation as provided in section 29C.6
1 10 shall be considered an employee of the state under chapter 669
1 11 and shall be afforded protection as an employee of the state
1 12 under section 669.21. Disability, workers' compensation, and
1 13 death benefits for team members working under the authority of
1 14 the administrator or pursuant to the provisions of section
1 15 29C.6 shall be paid by the state in a manner consistent with
1 16 the provisions of chapter 85, 410, or 411 as appropriate,
1 17 depending on the status of the member.
1 18 NEW PARAGRAPH. g. Develop, implement, and support a
1 19 uniform incident command system to be used by state agencies
1 20 to facilitate efficient and effective assistance to those
1 21 affected by emergencies and disasters. This system shall be
1 22 consistent with the requirements of the United States
1 23 occupational safety and health administration and a national
1 24 incident management system.
1 25 Sec. 2. Section 29C.20, subsection 1, Code 2003, is
1 26 amended to read as follows:
1 27 1. a. A contingent fund is created in the state treasury
1 28 for the use of the executive council which may be expended for
1 29 the purpose of paying following purposes:
1 30 (1) Paying the expenses of suppressing an insurrection or
1 31 riot, actual or threatened, when state aid has been rendered
1 32 by order of the governor, and for repairing,.
1 33 (2) Repairing, rebuilding, or restoring state property
1 34 injured, destroyed, or lost by fire, storm, theft, or
1 35 unavoidable cause, and for repairing,.
2 1 (3) Repairing, rebuilding, or restoring state property
2 2 which that is fiberoptic cable and which that is injured or
2 3 destroyed by a wild animal, and for aid to.
2 4 (4) Paying the expenses incurred by and claims of an urban
2 5 search and rescue team when acting under the authority of the
2 6 administrator and the provisions of section 29C.6.
2 7 (5) (a) Aiding any governmental subdivision in an area
2 8 declared by the governor to be a disaster area due to natural
2 9 disasters or to expenditures necessitated by the governmental
2 10 subdivision toward averting or lessening the impact of the
2 11 potential disaster, where the effect of the disaster or action
2 12 on the governmental subdivision is the immediate financial
2 13 inability to meet the continuing requirements of local
2 14 government.
2 15 (b) Upon application by a governmental subdivision in such
2 16 an area, accompanied by a showing of obligations and
2 17 expenditures necessitated by an actual or potential disaster
2 18 in a form and with further information the executive council
2 19 requires, the aid may be made in the discretion of the
2 20 executive council and, if made, shall be in the nature of a
2 21 loan up to a limit of seventy=five percent of the showing of
2 22 obligations and expenditures. The loan, without interest,
2 23 shall be repaid by the maximum annual emergency levy
2 24 authorized by section 24.6, or by the appropriate levy
2 25 authorized for a governmental subdivision not covered by
2 26 section 24.6. The aggregate total of loans shall not exceed
2 27 one million dollars during a fiscal year. A loan shall not be
2 28 for an obligation or expenditure occurring more than two years
2 29 previous to the application.
2 30 b. When a state department or agency requests that moneys
2 31 from the contingent fund be expended to repair, rebuild, or
2 32 restore state property injured, destroyed, or lost by fire,
2 33 storm, theft, or unavoidable cause, or to repair, rebuild, or
2 34 restore state property which that is fiberoptic cable and
2 35 which that is injured or destroyed by a wild animal, or for
3 1 payment of the expenses incurred by and claims of an urban
3 2 search and rescue team when acting under the authority of the
3 3 administrator and the provisions of section 29.6, the
3 4 executive council shall consider the original source of the
3 5 funds for acquisition of the property before authorizing the
3 6 expenditure. If the original source was other than the
3 7 general fund of the state, the department or agency shall be
3 8 directed to utilize moneys from the original source if
3 9 possible. The executive council shall not authorize the
3 10 repairing, rebuilding, or restoring of the property from the
3 11 disaster aid contingent fund if it determines that moneys from
3 12 the original source are available to finance the project.
3 13 Sec. 3. Section 34A.1, Code 2003, is amended to read as
3 14 follows:
3 15 34A.1 PURPOSE.
3 16 The legislature finds that enhanced 911 emergency telephone
3 17 communication systems, and other emergency 911 notification
3 18 devices, further the public interest and protect the health,
3 19 safety, and welfare of the people of Iowa. The purpose of
3 20 this chapter is to enable the orderly development,
3 21 installation, and operation of enhanced 911 emergency
3 22 telephone communication systems, and other emergency 911
3 23 notification devices statewide. These systems are to be
3 24 operated under governmental management and control for the
3 25 public benefit.
3 26 Sec. 4. Section 34A.2, Code 2003, is amended to read as
3 27 follows:
3 28 34A.2 DEFINITIONS.
3 29 As used in this chapter, unless the context otherwise
3 30 requires:
3 31 1. "Access line" means a local an exchange access line
3 32 that has the ability to access local dial tone and reach a
3 33 local public safety agency answering point.
3 34 2. "Administrator" means the E911 administrator appointed
3 35 pursuant to section 34A.2A of the emergency management
4 1 division of the department of public defense.
4 2 3. "Automatic announcing and dialing device" is a device
4 3 or system of devices used, either alone or in conjunction with
4 4 other equipment, for the purpose of automatically selecting or
4 5 dialing telephone numbers, for disseminating prerecorded
4 6 messages to the numbers selected or dialed without the use of
4 7 a live operator.
4 8 4. "Competitive local exchange carrier" or "CLEC" means a
4 9 telecommunications company, certified by a state utilities
4 10 commission, that provides local exchange service within a
4 11 local exchange certified by the Iowa utilities board.
4 12 5. "Emergency 911 notification device" means a product
4 13 capable of accessing a public safety answering point through
4 14 the 911 system.
4 15 3. 6. "Enhanced 911" or "E911" means a service which that
4 16 provides the user of a public telephone system communications
4 17 service with the ability to reach a public safety answering
4 18 point by dialing the digits 911, and which that has the
4 19 following additional features:
4 20 a. Routes an incoming 911 call to the appropriate public
4 21 safety answering point selected from the public safety
4 22 answering points operating in a 911 service area.
4 23 b. Automatically provides voice, displays the name,
4 24 location or address, and telephone number of an incoming 911
4 25 call and public safety agency servicing the address on a video
4 26 monitor at the appropriate public safety answering point
4 27 location.
4 28 4. 7. "Enhanced 911 service area" means the geographic
4 29 area to be serviced, or currently serviced under an enhanced
4 30 911 service plan, provided that an enhanced 911 service area
4 31 must at minimum encompass one entire county. The enhanced 911
4 32 service area may encompass more than one county, and need not
4 33 be restricted to county boundaries.
4 34 5. 8. "Enhanced 911 service plan" means a plan that
4 35 includes the following information:
5 1 a. A description of the enhanced 911 service area.
5 2 b. A list of all public and private safety agencies within
5 3 the enhanced 911 service area.
5 4 c. The number of public safety answering points within the
5 5 enhanced 911 service area.
5 6 d. Identification of the agency responsible for management
5 7 and supervision of the enhanced 911 emergency telephone
5 8 communication system.
5 9 e. A statement of estimated costs to be incurred by the
5 10 joint E911 service board or the department of public safety,
5 11 including separate estimates of the following:
5 12 (1) Nonrecurring costs, including, but not limited to,
5 13 public safety answering points, network equipment, software,
5 14 database, addressing, initial training, and other capital and
5 15 start=up expenditures, including the purchase or lease of
5 16 subscriber names, addresses, and telephone information from
5 17 the local exchange service provider.
5 18 (2) Recurring costs, including, but not limited to,
5 19 network access fees and other telephone charges, software,
5 20 equipment, and database management, and maintenance, including
5 21 the purchase or lease of subscriber names, addresses, and
5 22 telephone information from the local exchange service
5 23 provider. Recurring costs shall not include personnel costs
5 24 for a public safety answering point.
5 25 Funds deposited in an E911 service fund shall be are
5 26 appropriated and shall be used for the payment of costs which
5 27 that are limited to nonrecurring and recurring costs directly
5 28 attributable to the provision of 911 emergency telephone
5 29 communication service and may include costs for portable and
5 30 vehicle radios, communication towers and associated equipment,
5 31 and other radios and associated equipment permanently located
5 32 at the public safety answering point and as directed by either
5 33 the local enhanced 911 service board or the department of
5 34 public safety as appropriate. Costs do not include
5 35 expenditures for any other purpose, and specifically exclude
6 1 costs attributable to other emergency services or expenditures
6 2 for buildings or personnel, except for the costs of personnel
6 3 for database management and personnel directly associated with
6 4 addressing.
6 5 f. Current equipment operated by affected local exchange
6 6 service providers, and central office equipment and technology
6 7 upgrades necessary for the provider to implement enhanced 911
6 8 service within the enhanced 911 service area on or before July
6 9 1, 1992.
6 10 g. A schedule for implementation of the plan throughout
6 11 the E911 service area. The schedule may provide for phased
6 12 implementation. However, a joint 911 service board may decide
6 13 not to implement E911 service.
6 14 h. The number of telephone access lines capable of access
6 15 to 911 in the enhanced 911 service area.
6 16 i. The total property valuation in the enhanced 911
6 17 service area.
6 18 6. 9. "Enhanced 911 service surcharge" is a charge set by
6 19 the E911 service area operating authority and assessed on each
6 20 telephone access line which physically terminates within the
6 21 E911 service area.
6 22 10. "Incumbent local exchange carrier" means a carrier
6 23 that is, with respect to an area, the local exchange carrier
6 24 that meets both of the following criteria:
6 25 a. On February 8, 1996, provided telephone exchange
6 26 service in the area.
6 27 b. A carrier that meets one of the following criteria:
6 28 (1) On February 8, 1996, was deemed to be a member of the
6 29 national exchange carrier association pursuant to 47 C.F.R.
6 30 69.601(b).
6 31 (2) Is a person that, on or after February 8, 1996, became
6 32 a successor or assign of a member described in subparagraph
6 33 (1).
6 34 7. 11. "Local exchange service provider" means a person
6 35 vendor engaged in providing telecommunications service between
7 1 points within an exchange.
7 2 12. "Local number portability" means the ability of users
7 3 of telecommunications services to retain existing
7 4 telecommunications numbers without impairment of quality,
7 5 reliability, or convenience when moving from one provider to
7 6 another.
7 7 13. "Program manager" means the E911 program manager
7 8 appointed pursuant to section 34A.2A.
7 9 8. 14. "Provider" means a person vendor who provides, or
7 10 offers to provide, E911 equipment, installation, maintenance,
7 11 or exchange access services within the enhanced 911 service
7 12 area.
7 13 9. 15. "Public or private safety agency" means a unit of
7 14 state or local government, a special purpose district, or a
7 15 private firm which provides or has the authority to provide
7 16 fire fighting, police, ambulance, or emergency medical
7 17 services, or hazardous materials response.
7 18 10. 16. "Public safety answering point" or "PSAP" means a
7 19 twenty=four hour local jurisdiction public safety
7 20 communications facility which that receives enhanced 911
7 21 service calls and directly dispatches emergency response
7 22 services or relays calls to the appropriate public or private
7 23 safety agency.
7 24 17. "Reseller" means a telecommunications company that
7 25 resells local telephone services to both residential and
7 26 business customers, where most of these customers have
7 27 interconnection agreements with the telephone company that
7 28 allow them a wholesale discount on services they purchase from
7 29 the telephone company to resell to their end user.
7 30 18. "Wireless E911 phase 1" means a 911 call made from a
7 31 wireless device in which the wireless service provider
7 32 delivers the call back number and address or the tower that
7 33 received the call to the appropriate public safety answering
7 34 point.
7 35 19. "Wireless E911 phase 2" means a 911 call made from a
8 1 wireless device in which the wireless service provider
8 2 delivers the call back number and the latitude and longitude
8 3 coordinates of the phone to the appropriate public safety
8 4 answering point.
8 5 Sec. 5. Section 34A.2A, Code 2003, is amended to read as
8 6 follows:
8 7 34A.2A ADMINISTRATOR == APPOINTMENT == DUTIES.
8 8 1. The administrator of the division of emergency
8 9 management of the department of public defense shall appoint
8 10 an E911 administrator program manager to administer this
8 11 chapter.
8 12 2. The E911 administrator program manager shall act under
8 13 the supervisory control of the administrator of the division
8 14 of emergency management of the department of public defense,
8 15 and in consultation with the E911 communications council, and
8 16 perform the duties specifically set forth in this chapter, as
8 17 well as those assigned by the administrator of the emergency
8 18 management division of the department of public defense.
8 19 Sec. 6. Section 34A.3, subsections 1, 2, and 4, Code 2003,
8 20 are amended to read as follows:
8 21 1. JOINT 911 SERVICE BOARDS TO SUBMIT PLANS.
8 22 a. The board of supervisors of each county shall establish
8 23 maintain a joint 911 service board not later than January 1,
8 24 1989.
8 25 (1) Each political subdivision of the state having a
8 26 public safety agency serving territory within the county is
8 27 entitled to voting membership on the joint 911 service board.
8 28 Each private safety agency operating within the area is
8 29 entitled to nonvoting membership on the board.
8 30 (2) A township which that does not operate its own public
8 31 safety agency, but contracts for the provision of public
8 32 safety services, is not entitled to membership on the joint
8 33 911 service board, but its contractor is entitled to
8 34 membership according to the contractor's status as a public or
8 35 private safety agency.
9 1 b. The joint 911 service board shall develop maintain an
9 2 enhanced 911 service plan encompassing at minimum the entire
9 3 county, unless an exemption is granted by the administrator
9 4 permitting a smaller E911 service area.
9 5 (1) The administrator may grant a discretionary exemption
9 6 from the single county minimum service area requirement based
9 7 upon an E911 joint service board's or other E911 service plan
9 8 operating authority's presentation of evidence which supports
9 9 the requested exemption if the administrator finds that local
9 10 conditions make adherence to the minimum standard unreasonable
9 11 or technically infeasible, and that the purposes of this
9 12 chapter would be furthered by granting an exemption. The
9 13 minimum size requirement is intended to prevent unnecessary
9 14 duplication of public safety answering points and minimize
9 15 other administrative, personnel, and equipment expenses. An
9 16 E911 service area must encompass a geographically contiguous
9 17 area. No exemption shall be granted from the contiguous area
9 18 requirement.
9 19 (2) The administrator may order the inclusion of a
9 20 specific territory in an adjoining E911 service plan area to
9 21 avoid the creation by exclusion of a territory smaller than a
9 22 single county not serviced by surrounding E911 service plan
9 23 areas upon request of the joint 911 service board representing
9 24 the territory.
9 25 c. The E911 service plan operating authority shall submit
9 26 the proposed changes to the plan on or before January 1, 1994,
9 27 to all of the following:
9 28 a. (1) The administrator.
9 29 b. (2) Public and private safety agencies in the enhanced
9 30 911 service area.
9 31 c. (3) Providers Local exchange service providers affected
9 32 by the enhanced 911 service plan.
9 33 An E911 joint service board that has a state=approved
9 34 service plan in place prior to July 1, 1993, is exempt from
9 35 the provisions of this section. The administrator shall
10 1 establish, by July 1, 1994, E911 service plans for those E911
10 2 joint service boards which do not have a state=approved
10 3 service plan in place on or before January 1, 1994.
10 4 The administrator shall prepare a summary of the plans
10 5 submitted and present the summary to the legislature on or
10 6 before August 1, 1994.
10 7 2. COMPLIANCE WAIVERS AVAILABLE IN LIMITED CIRCUMSTANCES.
10 8 a. The administrator may extend, in whole or in part, the
10 9 time for implementation of an enhanced 911 service plan beyond
10 10 the scheduled plan of implementation, by issuance of the
10 11 period for plan implementation by issuing a compliance waiver.
10 12 b. The compliance waiver shall be based upon a joint 911
10 13 service board's presentation of evidence which supports an
10 14 extension if the administrator finds that local conditions
10 15 make implementation financially unreasonable or technically
10 16 infeasible by the originally scheduled plan of implementation.
10 17 c. The compliance waiver shall be for a set period of
10 18 time, and subject to review and renewal or denial of renewal
10 19 upon its expiration.
10 20 d. The waiver may cover all or a portion of a 911 service
10 21 plan's enhanced 911 service area to facilitate phased
10 22 implementation when possible.
10 23 e. The granting of a compliance waiver does not create a
10 24 presumption that the identical or similar waiver will be
10 25 extended in the future.
10 26 f. Consideration of compliance waivers shall be on a case=
10 27 by=case basis.
10 28 4. PARTICIPATION IN JOINT E911 SERVICE BOARD REQUIRED. A
10 29 political subdivision or state agency having a public safety
10 30 agency within its territory or jurisdiction shall participate
10 31 in a joint E911 service board and cooperate in preparing
10 32 maintaining the E911 service plan.
10 33 Sec. 7. Section 34A.4, Code 2003, is amended to read as
10 34 follows:
10 35 34A.4 REQUIRED CONVERSION REQUIREMENTS OF PAY TELEPHONES
11 1 AND OTHER TELECOMMUNICATIONS DEVICES TO ALLOW 911 CALLS
11 2 WITHOUT DEPOSITING COINS OR OTHER CHARGE.
11 3 1. CONVERSION AND NOTICE REQUIRED. When an enhanced 911
11 4 service system becomes operational or as soon as feasible
11 5 thereafter, each provider or other owner or lessee of a pay
11 6 station telephone to be operated within the enhanced 911
11 7 service area shall do the following:
11 8 a. Convert each telephone to permit a caller to dial 911
11 9 without first inserting a coin or paying any other charge.
11 10 b. Prominently display on each pay telephone a notice
11 11 advising callers to dial 911 in an emergency and that deposit
11 12 of a coin is not required.
11 13 2. CERTAIN PAY PHONES PROHIBITED WITHIN SERVICE AREA.
11 14 After commencement of enhanced 911 service in In an enhanced
11 15 911 service area, a person shall not install or offer for use
11 16 within the 911 service area a pay station telephone or other
11 17 device unless the telephone device is capable of accepting
11 18 making a 911 call without prior insertion of a coin or payment
11 19 of any other charge, and unless the telephone displays notice
11 20 of free 911 service.
11 21 Sec. 8. Section 34A.6, subsection 1, unnumbered paragraph
11 22 3, Code 2003, is amended to read as follows:
11 23 Enhanced 911 emergency telephone service shall be funded,
11 24 in whole or in part, by a monthly surcharge of (an an amount
11 25 determined by the local joint E911 service board of up to one
11 26 dollar) on each telephone access line collected as part of
11 27 each telephone subscriber's monthly phone bill if provided
11 28 within (description of the proposed E911 service area).
11 29 Sec. 9. Section 34A.7, subsections 1, 2, and 3, Code 2003,
11 30 are amended to read as follows:
11 31 1. LOCAL E911 SERVICE SURCHARGE IMPOSITION.
11 32 a. To encourage local implementation of E911 service, one
11 33 source of funding for E911 emergency telephone communication
11 34 systems shall come from a surcharge per month, per access line
11 35 on each access line subscriber, except as provided in
12 1 subsection 5 4, equal to the lowest amount of the following:
12 2 (1) One dollar.
12 3 (2) An amount less than one dollar, which would fully pay
12 4 both recurring and nonrecurring costs of the E911 service
12 5 system within five years from the date the maximum surcharge
12 6 is imposed.
12 7 (3) The the maximum monetary limitation approved by
12 8 referendum.
12 9 b. The surcharge shall be imposed by order of the
12 10 administrator as follows:
12 11 (1) The administrator shall notify a local exchange
12 12 service provider scheduled to provide exchange access line
12 13 service to an E911 service area, that implementation of an
12 14 E911 service plan has been approved by the joint 911 service
12 15 board and by the service area referendum, and that collection
12 16 of the surcharge is to begin within one hundred days.
12 17 (2) The notice shall be provided at least one hundred days
12 18 before the surcharge must be billed for the first time
12 19 administrator shall also provide notice to all affected public
12 20 safety answering points.
12 21 c. The surcharge shall terminate at the end of twenty=four
12 22 months, unless either, or both, of the following conditions is
12 23 met:
12 24 (1) E911 service is initiated for all or a part of the
12 25 E911 service area.
12 26 (2) An extension is granted by the administrator for good
12 27 cause.
12 28 d. The surcharge shall terminate at the end of twenty=four
12 29 months if the joint E911 service plan has not been approved by
12 30 the administrator within eighteen months of the original
12 31 notice to the provider to impose the surcharge, and shall not
12 32 be reimposed until a service plan is approved by the
12 33 administrator and the administrator gives providers notice as
12 34 required by paragraph "a", subparagraphs (1) and (2).
12 35 2. SURCHARGE COLLECTED BY LOCAL EXCHANGE SERVICE
13 1 PROVIDERS.
13 2 a. The surcharge shall be collected as part of the access
13 3 line service provider's periodic billing to a subscriber. In
13 4 compensation for the costs of billing and collection, the
13 5 local exchange service provider may retain one percent of the
13 6 gross surcharges collected. If the compensation is
13 7 insufficient to fully recover a local exchange service
13 8 provider's costs for billing and collection of the surcharge,
13 9 the deficiency shall be included in the local exchange service
13 10 provider's costs for ratemaking purposes to the extent it is
13 11 reasonable and just under section 476.6. The surcharge shall
13 12 be remitted to the E911 service operating authority for
13 13 deposit into the E911 service fund quarterly by the local
13 14 exchange service provider. The total amount for multiple
13 15 exchanges may be combined. Upon request, the E911 service
13 16 board shall be entitled to a report from the local exchange
13 17 service provider that includes the following:
13 18 (1) The exchange from which the surcharge is collected.
13 19 (2) The number of lines to which the surcharge was applied
13 20 for the quarter.
13 21 (3) The number of refusals to pay per exchange if
13 22 applicable.
13 23 (4) Write=offs applied per exchange if applicable.
13 24 (5) The number of lines exempt per exchange.
13 25 (6) The amount retained by the local exchange service
13 26 provider generated from the one percent administration fee.
13 27 A local exchange service provider is not liable for an
13 28 uncollected surcharge for which the local exchange service
13 29 provider has billed a subscriber but not been paid. The
13 30 surcharge shall appear as a single line item on a subscriber's
13 31 periodic billing entitled, "E911 emergency telephone service
13 32 surcharge". The E911 service surcharge is not subject to
13 33 sales or use tax.
13 34 b. Access line counts and surcharge remittances are
13 35 confidential public records in accordance with section 22.7,
14 1 subsection 6. Only aggregated totals will be used in any data
14 2 reports.
14 3 3. MAXIMUM LIMIT PER SUBSCRIBER BILLING FOR SURCHARGE. An
14 4 individual subscriber shall not be required to pay on a single
14 5 periodic billing the surcharge on more than one hundred access
14 6 lines, or their equivalent, in an E911 service area. A
14 7 subscriber shall pay the surcharge in each E911 service area
14 8 in which the subscriber receives access line service.
14 9 Sec. 10. Section 34A.7, subsections 6 and 7, Code 2003,
14 10 are amended by striking the subsections.
14 11 Sec. 11. Section 34A.7A, subsections 1 and 2, Code 2003,
14 12 are amended to read as follows:
14 13 1. a. (1) Notwithstanding section 34A.6, the
14 14 administrator shall adopt by rule a monthly surcharge of up to
14 15 fifty cents one dollar to be imposed on each wireless
14 16 communications service number provided in this state.
14 17 (2) The surcharge shall be imposed uniformly on a
14 18 statewide basis and simultaneously on all wireless
14 19 communications service numbers as provided by rule of the
14 20 administrator.
14 21 b. (1) The administrator shall provide no less than one
14 22 hundred days' notice of the surcharge to be imposed to each
14 23 wireless communications service provider.
14 24 (2) The administrator, subject to the fifty cent one
14 25 dollar limit in paragraph "a", may adjust the amount of the
14 26 surcharge as necessary, but no more than once in any calendar
14 27 year.
14 28 c. (1) The surcharge shall be collected as part of the
14 29 wireless communications service provider's periodic billing to
14 30 a subscriber. The surcharge shall appear as a single line
14 31 item on a subscriber's periodic billing indicating that the
14 32 surcharge is for E911 emergency telephone service. The E911
14 33 service surcharge is not subject to sales or use tax.
14 34 (2) In compensation for the costs of billing and
14 35 collection, the wireless communications service provider may
15 1 retain one percent of the gross surcharges collected.
15 2 (3) The surcharges shall be remitted quarterly by the
15 3 wireless communications service provider to the administrator
15 4 for deposit into the fund established in subsection 2.
15 5 (4) A wireless communications service provider is not
15 6 liable for an uncollected surcharge for which the wireless
15 7 communications service provider has billed a subscriber but
15 8 which has not been paid. The surcharge shall appear as a
15 9 single line item on a subscriber's periodic billing indicating
15 10 that the surcharge is for E911 emergency telephone service.
15 11 The E911 service surcharge is not subject to sales or use tax.
15 12 2. a. Moneys collected pursuant to subsection 1 shall be
15 13 deposited in a separate wireless E911 emergency communications
15 14 fund within the state treasury under the control of the
15 15 administrator. Section 8.33 shall not apply to moneys in the
15 16 fund. Moneys earned as income, including as interest, from
15 17 the fund shall remain in the fund until expended as provided
15 18 in this section.
15 19 b. Moneys in the fund shall be expended and distributed
15 20 annually as follows:
15 21 a. (1) An amount as appropriated by the general assembly
15 22 to the administrator for implementation, support, and
15 23 maintenance of the functions of the administrator.
15 24 (2) The administrator shall determine the total amount of
15 25 surcharge collected for the quarter. Twenty cents of each
15 26 surcharge dollar collected shall be remitted to the joint E911
15 27 service boards and the Iowa department of public safety, which
15 28 have requested to be reimbursed, by adding the amounts
15 29 together as calculated in subparagraph subdivisions (a) and
15 30 (b) as follows:
15 31 (a) Sixty=five percent of total dollars available for
15 32 remittance times the proportion of square miles of service
15 33 area to the total square miles in Iowa.
15 34 (b) Thirty=five percent of total dollars available for
15 35 remittance times the proportion of wireless E911 calls taken
16 1 at the public service answering point in the service area to
16 2 the statewide total number of wireless E911 calls.
16 3 (3) The department of public safety or a joint E911
16 4 service board, in order to receive these funds, shall submit
16 5 an annual written request to the administrator in a form as
16 6 approved by the administrator. The request is due on May 15
16 7 each year.
16 8 (4) The administrator shall reimburse the joint E911
16 9 service boards and the department of public safety for
16 10 equipment purchases that are directly related to the
16 11 implementation and operation of wireless E911 service and are
16 12 preapproved by the administrator.
16 13 b. c. (1) The administrator shall retain funds necessary
16 14 to reimburse wireless carriers for their costs to deliver
16 15 wireless E911 phase 1 services. The administrator shall
16 16 assure that wireless carriers recover all eligible costs
16 17 associated with the implementation and operation of wireless
16 18 E911 phase 1 services, including but not limited to hardware,
16 19 software, and transport costs. The administrator shall adopt
16 20 rules defining eligible costs which are consistent with
16 21 federal law, regulations, and any order of a federal agency.
16 22 (2) The administrator shall provide for the reimbursement
16 23 of wireless carriers on a quarterly basis. If the total
16 24 amount of moneys available in the fund for the reimbursement
16 25 of wireless carriers pursuant to subparagraph (1) this
16 26 paragraph "c" is insufficient to reimburse all wireless
16 27 carriers for such carriers' eligible expenses, the
16 28 administrator shall remit an amount to each wireless carrier
16 29 equal to the percentage of such carrier's eligible expenses as
16 30 compared to the total of all eligible expenses for all
16 31 wireless carriers for the calendar quarter during which such
16 32 expenses were submitted.
16 33 c. (1) The remainder of the surcharge collected shall be
16 34 remitted to the administrator for distribution to the joint
16 35 E911 service boards and the department of public safety
17 1 pursuant to subparagraph (2) to be used for the implementation
17 2 of enhanced wireless communications capabilities.
17 3 (3) If money remains in the fund after fully paying
17 4 obligations under paragraphs "a" and "b", and this paragraph
17 5 "c", the remainder may be accumulated in the fund as a
17 6 carryover operating surplus. This surplus shall be used to
17 7 fund future network and public safety answering point
17 8 improvements and wireless carriers' costs related to wireless
17 9 E911 phase 2 service as determined by the administrator and as
17 10 specified in administrative rule. Notwithstanding section
17 11 8.33, any moneys remaining in the account at the end of each
17 12 fiscal year shall not revert to the general fund of the state
17 13 but shall remain available for the purposes of the account.
17 14 (2) (4) The administrator, in consultation with the E911
17 15 communications council, shall adopt rules pursuant to chapter
17 16 17A governing the distribution of the surcharge collected and
17 17 distributed pursuant to this lettered paragraph "c". The
17 18 rules shall include provisions that all joint E911 service
17 19 boards and the department of public safety which answer or
17 20 service wireless E911 calls are eligible to receive an
17 21 equitable portion of the receipts.
17 22 A joint E911 service board or the department of public
17 23 safety, to receive funds from the wireless E911 emergency
17 24 communications fund, must submit a written request for such
17 25 funds to the administrator in a form as approved by the
17 26 administrator. A request shall be for funding under an
17 27 approved E911 service plan for equipment which is directly
17 28 related to the reception and disposition of incoming wireless
17 29 E911 calls. The administrator may approve the distribution of
17 30 funds pursuant to such request if the administrator finds that
17 31 the requested funding is for equipment necessary for the
17 32 reception and disposition of such calls and that sufficient
17 33 funds are available for such distribution.
17 34 If insufficient funds are available to fund all requests,
17 35 the administrator shall fund requests in an order deemed
18 1 appropriate by the administrator after considering factors
18 2 including, but not limited to, all of the following:
18 3 (a) Documented volume of wireless E911 calls received by
18 4 each public safety answering point.
18 5 (b) The population served by each public safety answering
18 6 point.
18 7 (c) The number of wireless telephones in the public safety
18 8 answering point jurisdiction.
18 9 (d) The public safety of the citizens of this state.
18 10 (e) Any other factor deemed appropriate by the
18 11 administrator, in consultation with the E911 communications
18 12 council, and adopted by rule.
18 13 (3) (5) The administrator shall submit an annual report by
18 14 January 15 of each year advising the general assembly of the
18 15 status of E911 implementation and operations, including both
18 16 land=line and wireless services, and the distribution of
18 17 surcharge receipts.
18 18 Sec. 12. Section 34A.8, subsection 2, Code 2003, is
18 19 amended to read as follows:
18 20 2. Subscriber information remains the property of the
18 21 local exchange service provider.
18 22 The joint E911 service board, the designated E911 service
18 23 provider, and the public safety answering point, their agents,
18 24 employees, and assigns shall use local exchange service
18 25 information provided by the local exchange service provider
18 26 solely for the purposes of providing E911 emergency telephone
18 27 service, and it shall otherwise be kept confidential. A
18 28 person who violates this section is guilty of a simple
18 29 misdemeanor.
18 30 This chapter does not require a local exchange service
18 31 provider to sell or provide its subscriber names, addresses,
18 32 or telephone number information to any person other than the
18 33 E911 service provider designated by the joint E911 service
18 34 board.
18 35 Sec. 13. Section 34A.9, Code 2003, is amended to read as
19 1 follows:
19 2 34A.9 TELECOMMUNICATIONS DEVICES FOR THE DEAF SPEECH AND
19 3 HEARING=IMPAIRED.
19 4 By January 1, 1990, each county Each public safety
19 5 answering point shall provide for the installation and use of
19 6 at least one telecommunications device devices for the deaf at
19 7 a public safety answering point speech and hearing=impaired.
19 8 Sec. 14. Section 34A.6A, Code 2003, is repealed.
19 9 Sec. 15. EFFECTIVE DATE. Section 29C.8, subsection 3,
19 10 paragraph "f", as enacted in this Act, and the amendment to
19 11 section 29C.20, subsection 1, take effect July 1, 2004.
19 12 EXPLANATION
19 13 This bill amends Code chapter 34A, relating to enhanced 911
19 14 emergency telephone systems, and related changes in Code
19 15 chapter 29C, pertaining to the powers and duties of the
19 16 administrator of the emergency management division of the
19 17 department of public safety.
19 18 The bill amends Code section 29C.8 by requiring the
19 19 administrator of the emergency management division of the
19 20 department of public defense to approve and support the
19 21 development and ongoing operations of an urban search and
19 22 rescue team within the state. Members of the team when acting
19 23 under the direction of the administrator or pursuant to a
19 24 governor's disaster proclamation are considered employees of
19 25 the state and shall be compensated for disability, workers'
19 26 compensation, and death benefits as appropriate. The
19 27 administrator of the emergency management division of the
19 28 department of public defense must also develop, implement, and
19 29 support a uniform incident command system to be used by state
19 30 agencies responding to emergencies and disasters. A related
19 31 change is made to Code section 29C.20, pertaining to a
19 32 contingent fund governed by the executive council for use in
19 33 responding to disasters and other emergencies, to authorize
19 34 payment of expenses and claims from the fund for authorized
19 35 urban search and rescue team activities.
20 1 The bill adds definitions for "automatic announcing and
20 2 dialing device", "competitive local exchange carrier",
20 3 "emergency 911 notification device", "incumbent local exchange
20 4 carrier", "local number portability", "program manager",
20 5 "reseller", "wireless E911 phase 1", and "wireless E911 phase
20 6 2".
20 7 Code section 34A.3 requires the maintenance of a joint 911
20 8 service board for certain territories, and methods for
20 9 proposing changing to E911 service plans. Current Code
20 10 language requires the development of such service boards by
20 11 1989, and development of initial plans by 1993 or 1994,
20 12 depending upon the status of the board.
20 13 Code section 34A.4, relating to the installation of pay
20 14 telephones, is amended to provide that the device must be
20 15 capable of making a 911 call without payment.
20 16 The bill eliminates the $1 limitation on the enhanced 911
20 17 surcharge in Code section 34A.6 for each wire line exchange
20 18 access line provided in this state. In Code section 34A.7A,
20 19 the bill changes the statewide monthly wireless surcharge from
20 20 50 cents to $1, and provides a formula for division of funds
20 21 deposited in the E911 emergency communication fund to joint
20 22 E911 service boards and the Iowa department of public safety.
20 23 The bill also eliminates the alternative surcharge available
20 24 in Code section 34A.6A by repealing the Code section.
20 25 However, the bill provides in Code section 34A.7 that voters
20 26 within an enhanced 911 service area may approve a wireline
20 27 surcharge rate above $1 per month, per access line to be
20 28 collected for an indefinite period of time.
20 29 The bill takes effect July 1, 2003, if enacted in 2003,
20 30 except for the amendments to Code section 29C.8, subsection 3,
20 31 paragraph "f", and Code section 29C.20, subsection 1,
20 32 regarding urban search and rescue teams. These provisions
20 33 take effect July 1, 2004.
20 34 LSB 1468DP 80
20 35 jj/pj/5.1