Text: H08491 Text: H08493 Text: H08400 - H08499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 530, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. Section 16.161, Code 1997, is amended 1 6 to read as follows: 1 7 16.161 AUTHORITY TO ISSUE E911 PROGRAM BONDS AND 1 8 NOTES. 1 9 The authority shall assist thedepartment of public1 10defenseadministrator appointed pursuant to section 1 11 34A.2A or as provided in chapter 34A, subchapter II 1 12 and the authority shall have all of the powers 1 13 delegated to it by a joint E911 service board or the 1 14 department of public defense in a chapter 28E 1 15 agreement with respect to the issuance and securing of 1 16 bonds or notes and the carrying out of the purposes of 1 17 chapter 34A. 1 18 Sec. 2. Section 16.161, Code 1997, is amended by 1 19 adding the following new unnumbered paragraph: 1 20 NEW UNNUMBERED PARAGRAPH. The authority shall 1 21 provide a mechanism for the pooling of funds of two or 1 22 more joint E911 service boards to be used for the 1 23 joint purchasing of necessary equipment and 1 24 reimbursement of land-line and wireless service 1 25 providers' costs for upgrades necessary to provide 1 26 E911 service. When two or more joint E911 service 1 27 boards have agreed to pool funds for the purpose of 1 28 purchasing necessary equipment to be used in providing 1 29 E911 service, the authority shall issue bonds and 1 30 notes as provided in sections 34A.20 through 34A.22. 1 31 Sec. 3. Section 34A.2, subsection 2, Code 1997, is 1 32 amended to read as follows: 1 33 2. "Administrator" means the E911 administratorof1 34the division of emergency management of the department1 35of public defenseappointed pursuant to section 1 36 34A.2A. 1 37 Sec. 4. Section 34A.2, subsection 3, Code 1997, is 1 38 amended by striking the subsection. 1 39 Sec. 5. NEW SECTION. 34A.2A ADMINISTRATOR – 1 40 APPOINTMENT – DUTIES. 1 41 The administrator of the division of emergency 1 42 management of the department of public defense shall 1 43 appoint an E911 administrator to administer this 1 44 chapter. The E911 administrator shall act under the 1 45 supervisory control of the administrator of the 1 46 division of emergency management of the department of 1 47 public defense, and in consultation with the E911 1 48 communications council, and perform the duties 1 49 specifically set forth in this chapter. 1 50 Sec. 6. Section 34A.3, subsection 1, Code 1997, is 2 1 amended to read as follows: 2 2 1. JOINT 911 SERVICE BOARDS TO SUBMIT PLANS. The 2 3 board of supervisors of each county shall establish a 2 4 joint 911 service board not later than January 1, 2 5 1989. Each political subdivision of the state having 2 6 a public safety agency serving territory within the 2 7 county is entitled to voting membership on the joint 2 8 911 service board. Each private safety agency 2 9 operating within the area is entitled to nonvoting 2 10 membership on the board. A township which does not 2 11 operate its own public safety agency, but contracts 2 12 for the provision of public safety services, is not 2 13 entitled to membership on the joint 911 service board, 2 14 but its contractor is entitled to membership according 2 15 to the contractor's status as a public or private 2 16 safety agency. The joint 911 service board shall 2 17 develop an enhanced 911 service plan encompassing at 2 18 minimum the entire county, unless an exemption is 2 19 granted by the administrator permitting a smaller E911 2 20 service area. The administrator may grant a 2 21 discretionary exemption from the single county minimum 2 22 service area requirement based upon an E911 joint 2 23 service board's or other E911 service plan operating 2 24 authority's presentation of evidence which supports 2 25 the requested exemption if the administrator finds 2 26 that local conditions make adherence to the minimum 2 27 standard unreasonable or technically infeasible, and 2 28 that the purposes of this chapter would be furthered 2 29 by granting an exemption. The minimum size 2 30 requirement is intended to prevent unnecessary 2 31 duplication of public safety answering points and 2 32 minimize other administrative, personnel, and 2 33 equipment expenses. An E911 service area must 2 34 encompass a geographically contiguous area. No 2 35 exemption shall be granted from the contiguous area 2 36 requirement. The administrator may order the 2 37 inclusion of a specific territory in an adjoining E911 2 38 service plan area to avoid the creation by exclusion 2 39 of a territory smaller than a single county not 2 40 serviced by surrounding E911 service plan areas upon 2 41 request of the joint 911 service board representing 2 42 the territory. The E911 service plan operating 2 43 authority shall submit the plan on or before January 2 44 1, 1994, to all of the following: 2 45 a. Thedivisionadministrator. 2 46 b. Public and private safety agencies in the 2 47 enhanced 911 service area. 2 48 c. Providers affected by the enhanced 911 service 2 49 plan. 2 50 An E911 joint service board that has a state- 3 1 approved service plan in place prior to July 1, 1993, 3 2 is exempt from the provisions of this section. The 3 3divisionadministrator shall establish, by July 1, 3 4 1994, E911 service plans for those E911 joint service 3 5 boards which do not have a state-approved service plan 3 6 in place on or before January 1, 1994. 3 7 Thedivisionadministrator shall prepare a summary 3 8 of the plans submitted and present the summary to the 3 9 legislature on or before August 1, 1994. 3 10 Sec. 7. Section 34A.6, subsection 3, Code 1997, is 3 11 amended to read as follows: 3 12 3. The secretary of state, in consultation with 3 13 the administratorof the office of emergency3 14management of the department of public defense, shall 3 15 adopt rules for the conduct of joint E911 service 3 16 referendums as required by and consistent with 3 17 subsections 1 and 2. 3 18 Sec. 8. Section 34A.7, subsection 6, Code 1997, is 3 19 amended to read as follows: 3 20 6. LIMITATION OF ACTIONS – PROVIDER NOT LIABLE ON 3 21 CAUSE OF ACTION RELATED TO PROVISION OF 911 SERVICES. 3 22 A claim or cause of action does not exist based upon 3 23 or arising out of an act or omission in connection 3 24 with a land-line or wireless provider's participation 3 25 in an E911 service plan or provision of 911 or local 3 26 exchange access service, unless the act or omission is 3 27 determined to be willful and wanton negligence. 3 28 Sec. 9. NEW SECTION. 34A.7A WIRELESS 3 29 COMMUNICATIONS SURCHARGE – FUND ESTABLISHED – 3 30 DISTRIBUTION AND PERMISSIBLE EXPENDITURES. 3 31 1. a. Notwithstanding section 34A.6, the 3 32 administrator shall adopt by rule a monthly surcharge 3 33 of up to fifty cents to be imposed on each wireless 3 34 communications service number provided in this state. 3 35 The surcharge shall be imposed uniformly on a 3 36 statewide basis and simultaneously on all wireless 3 37 communications service numbers as provided by rule of 3 38 the administrator. 3 39 b. The administrator shall provide no less than 3 40 one hundred days' notice of the surcharge to be 3 41 imposed to each wireless communications service 3 42 provider. The administrator, subject to the fifty 3 43 cent limit in paragraph "a", may adjust the amount of 3 44 the surcharge as necessary, but no more than once in 3 45 any calendar year. 3 46 c. The surcharge shall be collected as part of the 3 47 wireless communications service provider's periodic 3 48 billing to a subscriber. In compensation for the 3 49 costs of billing and collection, the provider may 3 50 retain one percent of the gross surcharges collected. 4 1 The surcharges shall be remitted quarterly by the 4 2 provider to the administrator for deposit into the 4 3 fund established in subsection 2. A provider is not 4 4 liable for an uncollected surcharge for which the 4 5 provider has billed a subscriber but which has not 4 6 been paid. The surcharge shall appear as a single 4 7 line item on a subscriber's periodic billing 4 8 indicating that the surcharge is for E911 emergency 4 9 telephone service. The E911 service surcharge is not 4 10 subject to sales or use tax. 4 11 2. Moneys collected pursuant to subsection 1 shall 4 12 be deposited in a separate wireless E911 emergency 4 13 communications fund within the state treasury under 4 14 the control of the administrator. Section 8.33 shall 4 15 not apply to moneys in the fund. Moneys earned as 4 16 income, including as interest, from the fund shall 4 17 remain in the fund until expended as provided in this 4 18 section. Moneys in the fund shall be expended and 4 19 distributed annually as follows: 4 20 a. An amount necessary to be retained by the 4 21 administrator for implementation, support, and 4 22 maintenance of the functions of the administrator. 4 23 b. (1) The administrator shall retain funds 4 24 necessary to reimburse wireless carriers for their 4 25 costs to deliver E911 services. The administrator 4 26 shall assure that wireless carriers recover all 4 27 eligible costs associated with the implementation and 4 28 operation of E911 services, including but not limited 4 29 to hardware, software, and transport costs. The 4 30 administrator shall adopt rules defining eligible 4 31 costs which are consistent with federal law, 4 32 regulations, and any order of a federal agency. 4 33 (2) The administrator shall provide for the 4 34 reimbursement of wireless carriers on a quarterly 4 35 basis. If the total amount of moneys available in the 4 36 fund for the reimbursement of wireless carriers 4 37 pursuant to subparagraph (1) is insufficient to 4 38 reimburse all wireless carriers for such carriers' 4 39 eligible expenses, the administrator shall remit an 4 40 amount to each wireless carrier equal to the 4 41 percentage of such carrier's eligible expenses as 4 42 compared to the total of all eligible expenses for all 4 43 wireless carriers for the calendar quarter during 4 44 which such expenses were submitted. 4 45 c. (1) The remainder of the surcharge collected 4 46 shall be remitted to the administrator for 4 47 distribution to the joint E911 service boards and the 4 48 department of public safety pursuant to subparagraph 4 49 (2) to be used for the implementation of enhanced 4 50 wireless communications capabilities. 5 1 (2) The administrator, in consultation with the 5 2 E911 communications council, shall adopt rules 5 3 pursuant to chapter 17A governing the distribution of 5 4 the surcharge collected and distributed pursuant to 5 5 this lettered paragraph. The rules shall include 5 6 provisions that all joint E911 service boards and the 5 7 department of public safety which answer or service 5 8 wireless E911 calls are eligible to receive an 5 9 equitable portion of the receipts. 5 10 A joint E911 service board or the department of 5 11 public safety, to receive funds from the E911 5 12 emergency communications fund, must submit a written 5 13 request for such funds to the administrator in a form 5 14 as approved by the administrator. A request shall be 5 15 for funding under an approved E911 service plan for 5 16 equipment which is directly related to the reception 5 17 and disposition of incoming wireless E911 calls. The 5 18 administrator may approve the distribution of funds 5 19 pursuant to such request if the administrator finds 5 20 that the requested funding is for equipment necessary 5 21 for the reception and disposition of such calls and 5 22 that sufficient funds are available for such 5 23 distribution. 5 24 If insufficient funds are available to fund all 5 25 requests, the administrator shall fund requests in an 5 26 order deemed appropriate by the administrator after 5 27 considering factors including, but not limited to, all 5 28 of the following: 5 29 (a) Documented volume of wireless E911 calls 5 30 received by each public safety answering point. 5 31 (b) The population served by each public safety 5 32 answering point. 5 33 (c) The number of wireless telephones in the 5 34 public safety answering point jurisdiction. 5 35 (d) The public safety of the citizens of this 5 36 state. 5 37 (e) Any other factor deemed appropriate by the 5 38 administrator, in consultation with the E911 5 39 communications council, and adopted by rule. 5 40 (3) The administrator shall submit an annual 5 41 report by January 15 of each year advising the general 5 42 assembly of the status of E911 implementation and 5 43 operations, including both land-line and wireless 5 44 services, and the distribution of surcharge receipts. 5 45 3. The amount collected from a wireless service 5 46 provider and deposited in the fund, pursuant to 5 47 section 22.7, subsection 6, information provided by a 5 48 wireless service provider to the administrator 5 49 consisting of trade secrets, pursuant to section 22.7, 5 50 subsection 3, and other financial or commercial 6 1 operations information provided by a wireless service 6 2 provider to the administrator, shall be kept 6 3 confidential as provided under section 22.7. This 6 4 subsection does not prohibit the inclusion of 6 5 information in any report providing aggregate amounts 6 6 and information which does not identify numbers of 6 7 accounts or customers, revenues, or expenses 6 8 attributable to an individual wireless communications 6 9 service provider. 6 10 4. For purposes of this section, "wireless 6 11 communications service" means commercial mobile radio 6 12 service, as defined under sections 3(27) and 332(d) of 6 13 the federal Telecommunications Act of 1996, 47 U.S.C. 6 14 } 151 et seq.; federal communications commission 6 15 rules, and the Omnibus Budget Reconciliation Act of 6 16 1993. "Wireless communications service" includes any 6 17 wireless two-way communications used in cellular 6 18 telephone service, personal communications service, or 6 19 the functional or competitive equivalent of a radio- 6 20 telephone communications line used in cellular 6 21 telephone service, a personal communications service, 6 22 or a network access line. "Wireless communications 6 23 service" does not include services whose customers do 6 24 not have access to 911 or a 911-like service, a 6 25 communications channel utilized only for data 6 26 transmission, or a private telecommunications system. 6 27 Sec. 10. Section 34A.15, subsection 1, unnumbered 6 28 paragraph 1, Code 1997, is amended to read as follows: 6 29 An E911 communications council is established. The 6 30 council consists of the followingeleventhirteen 6 31 members: 6 32 Sec. 11. Section 34A.15, subsection 1, Code 1997, 6 33 is amended by adding the following new paragraph: 6 34 NEW PARAGRAPH. k. Two persons appointed by the 6 35 Iowa wireless industry. One appointee shall represent 6 36 cellular companies and the other appointee shall 6 37 represent personal communications services companies. 6 38 Sec. 12. Section 34A.15, Code 1997, is amended by 6 39 adding the following new subsections: 6 40 NEW SUBSECTION. 2A. A member of the council shall 6 41 be reimbursed for actual and necessary expenses 6 42 incurred in the performance of the member's duties, if 6 43 such member is not otherwise reimbursed for such 6 44 expenses. 6 45 Sec. 13. Section 34A.20, subsection 2, Code 1997, 6 46 is amended to read as follows: 6 47 2. The authority shall cooperate with the 6 48department of public defenseadministrator in the 6 49 creation, administration, and funding of the E911 6 50 program established in subchapter I. 7 1 Sec. 14. TRANSITION PROVISIONS. 7 2 1. The E911 administrator appointed pursuant to 7 3 section 34A.2A, as enacted in this Act, shall be 7 4 appointed by no later than July 1, 1998. The E911 7 5 administrator shall determine and implement an initial 7 6 surcharge as soon as possible, but at a minimum such 7 7 surcharge shall be determined and implemented by no 7 8 later than January 1, 1999. 7 9 2. Notwithstanding the distribution formula in 7 10 section 34A.7A, as enacted in this Act, and prior to 7 11 any such distribution, of the initial surcharge moneys 7 12 received by the E911 administrator and deposited into 7 13 the wireless E911 emergency communications fund, for 7 14 the fiscal year beginning July 1, 1998, and ending 7 15 June 30, 1999, an amount shall be transferred to the 7 16 division of emergency management of the department of 7 17 public defense as necessary to reimburse the division 7 18 for amounts expended for the implementation, support, 7 19 and maintenance of the E911 administrator, including 7 20 the E911 administrator's salary. 7 21 3. a. Notwithstanding the distribution formula in 7 22 section 34A.7A, as enacted in this Act, and after the 7 23 distribution provided for in subsection 2 of this 7 24 section and prior to any other distribution pursuant 7 25 to section 34A.7A, of the surcharge moneys received by 7 26 the E911 administrator and deposited into the wireless 7 27 E911 emergency communications fund, for the fiscal 7 28 year beginning July 1, 1998, and ending June 30, 1999, 7 29 an amount not to exceed eighty thousand dollars shall 7 30 be transferred to the Iowa law enforcement academy to 7 31 be used for implementation, maintenance, and support 7 32 of telecommunicator training. For purposes of this 7 33 paragraph, the total amount transferred includes any 7 34 amounts transferred to the Iowa law enforcement 7 35 academy under paragraph "b". 7 36 b. The Iowa law enforcement academy shall begin as 7 37 soon as practicable the telecommunicator training as 7 38 provided in this subsection. If the academy expends 7 39 funds on or after July 1, 1998, for telecommunicator 7 40 training and prior to the imposition of the surcharge 7 41 under section 34A.7A, the E911 administrator, subject 7 42 to the limit of eighty thousand dollars in paragraph 7 43 "a", shall transfer from the wireless E911 emergency 7 44 communications fund to the Iowa law enforcement 7 45 academy an amount necessary to reimburse the academy 7 46 for such amounts expended by the academy. The E911 7 47 administrator and the Iowa law enforcement academy 7 48 shall provide a written report to the fiscal committee 7 49 of the legislative council and to the legislative 7 50 fiscal bureau regarding amounts expended by the 8 1 academy and reimbursed by the E911 administrator 8 2 pursuant to this section. 8 3 c. The Iowa law enforcement academy, for 8 4 telecommunicator training for fiscal years beginning 8 5 on and after July 1, 1999, shall submit requests for 8 6 funding through the general assembly's appropriation 8 7 process in the same manner as the academy submits 8 8 requests for other general fund appropriations. 8 9 4. a. The department of public defense is 8 10 authorized two additional full-time equivalent 8 11 positions for the purpose of implementing the 8 12 amendments to chapter 34A in this Act. Included in 8 13 these two full-time equivalent positions is the E911 8 14 administrator appointed pursuant to section 34A.2A, as 8 15 enacted in this Act. 8 16 b. The Iowa law enforcement academy is authorized 8 17 one and one-half additional full-time equivalent 8 18 positions for the purpose of implementing 8 19 telecommunicator training as provided for in this Act. 8 20 Sec. 15. EFFECTIVE DATE. This Act, being deemed 8 21 of immediate importance, takes effect upon enactment." 8 22 #2. Title page, line 4, by inserting after the 8 23 word "system" the following: ", and providing an 8 24 effective date". 8 25 8 26 8 27 8 28 COMMITTEE ON COMMERCE AND REGULATION 8 29 METCALF of Polk, Chairperson 8 30 SF 530.207 77 8 31 mj/jl/28
Text: H08491 Text: H08493 Text: H08400 - H08499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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