Text: HF00734 Text: HF00736 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 16.161, Code 1997, is amended to read 1 2 as follows: 1 3 16.161 AUTHORITY TO ISSUE E911 PROGRAM BONDS AND NOTES. 1 4 The authority shall assist thedepartment of public defense1 5 E911 communications council as provided in chapter 34A, 1 6 subchapter II and the authority shall have all of the powers 1 7 delegated to it by a joint E911 service board or the 1 8 department of public defense in a chapter 28E agreement with 1 9 respect to the issuance and securing of bonds or notes and the 1 10 carrying out of the purposes of chapter 34A. 1 11 Sec. 2. Section 16.161, Code 1997, is amended by adding 1 12 the following new unnumbered paragraph: 1 13 NEW UNNUMBERED PARAGRAPH. The authority shall provide a 1 14 mechanism for the pooling of funds of two or more joint E911 1 15 service boards to be used for the joint purchasing of 1 16 necessary equipment and reimbursement of wireless service 1 17 providers' costs for upgrades necessary to provide E911 1 18 service. When two or more joint E911 service boards have 1 19 agreed to pool funds for the purpose of purchasing necessary 1 20 equipment to be used in providing E911 service, the authority 1 21 shall issue bonds and notes as provided in sections 34A.20 1 22 through 34A.22. 1 23 Sec. 3. Section 34A.2, subsections 2 and 3, Code 1997, are 1 24 amended by striking the subsections and inserting in lieu 1 25 thereof the following: 1 26 2. "Council" means the E911 communications council 1 27 established in section 34A.15. 1 28 Sec. 4. Section 34A.3, subsections 1 and 2, Code 1997, are 1 29 amended to read as follows: 1 30 1. JOINT 911 SERVICE BOARDS TO SUBMIT PLANS. The board of 1 31 supervisors of each county shall establish a joint 911 service 1 32 board not later than January 1, 1989. Each political 1 33 subdivision of the state having a public safety agency serving 1 34 territory within the county is entitled to voting membership 1 35 on the joint 911 service board. Each private safety agency 2 1 operating within the area is entitled to nonvoting membership 2 2 on the board. A township which does not operate its own 2 3 public safety agency, but contracts for the provision of 2 4 public safety services, is not entitled to membership on the 2 5 joint 911 service board, but its contractor is entitled to 2 6 membership according to the contractor's status as a public or 2 7 private safety agency. The joint 911 service board shall 2 8 develop an enhanced 911 service plan encompassing at minimum 2 9 the entire county, unless an exemption is granted by the 2 10administratorcouncil permitting a smaller E911 service area. 2 11 Theadministratorcouncil may grant a discretionary exemption 2 12 from the single county minimum service area requirement based 2 13 upon an E911 joint service board's or other E911 service plan 2 14 operating authority's presentation of evidence which supports 2 15 the requested exemption if theadministratorcouncil finds 2 16 that local conditions make adherence to the minimum standard 2 17 unreasonable or technically infeasible, and that the purposes 2 18 of this chapter would be furthered by granting an exemption. 2 19 The minimum size requirement is intended to prevent 2 20 unnecessary duplication of public safety answering points and 2 21 minimize other administrative, personnel, and equipment 2 22 expenses. An E911 service area must encompass a 2 23 geographically contiguous area. No exemption shall be granted 2 24 from the contiguous area requirement. Theadministrator2 25 council may order the inclusion of a specific territory in an 2 26 adjoining E911 service plan area to avoid the creation by 2 27 exclusion of a territory smaller than a single county not 2 28 serviced by surrounding E911 service plan areas upon request 2 29 of the joint 911 service board representing the territory. 2 30 The E911 service plan operating authority shall submit the 2 31 plan on or before January 1, 1994, to all of the following: 2 32 a. Thedivisioncouncil. 2 33 b. Public and private safety agencies in the enhanced 911 2 34 service area. 2 35 c. Providers affected by the enhanced 911 service plan. 3 1 An E911 joint service board that has a state-approved 3 2 service plan in place prior to July 1, 1993, is exempt from 3 3 the provisions of this section. Thedivisioncouncil shall 3 4 establish, by July 1, 1994, E911 service plans for those E911 3 5 joint service boards which do not have a state-approved 3 6 service plan in place on or before January 1, 1994. 3 7 Thedivisioncouncil shall prepare a summary of the plans 3 8 submitted and present the summary to the legislature on or 3 9 before August 1, 1994. 3 10 2. COMPLIANCE WAIVERS AVAILABLE IN LIMITED CIRCUMSTANCES. 3 11 Theadministratorcouncil may extend, in whole or in part, the 3 12 time for implementation of an enhanced 911 service plan beyond 3 13 the scheduled plan of implementation, by issuance of a 3 14 compliance waiver. The waiver shall be based upon a joint 911 3 15 service board's presentation of evidence which supports an 3 16 extension if theadministratorcouncil finds that local 3 17 conditions make implementation financially unreasonable or 3 18 technically infeasible by the originally scheduled plan of 3 19 implementation. The compliance waiver shall be for a set 3 20 period of time, and subject to review and renewal or denial of 3 21 renewal upon its expiration. The waiver may cover all or a 3 22 portion of a 911 service plan's enhanced 911 service area to 3 23 facilitate phased implementation when possible. The granting 3 24 of a compliance waiver does not create a presumption that the 3 25 identical or similar waiver will be extended in the future. 3 26 Consideration of compliance waivers shall be on a case-by-case 3 27 basis. 3 28 Sec. 5. Section 34A.6, subsections 1 and 3, Code 1997, are 3 29 amended to read as follows: 3 30 1. Before a joint E911 service board may request 3 31 imposition of the surcharge by theadministratorcouncil, the 3 32 board shall submit the following question to voters, as 3 33 provided in subsection 2, in the proposed E911 service area, 3 34 and the question shall receive a favorable vote from a simple 3 35 majority of persons submitting valid ballots on the following 4 1 question within the proposed E911 service area: 4 2 Shall the following public YES 4 3 measure be adopted? NO 4 4 Enhanced 911 emergency telephone service shall be funded, 4 5 in whole or in part, by a monthly surcharge of (an amount 4 6 determined by the local joint E911 service board of up to one 4 7 dollar) on each telephone access line collected as part of 4 8 each telephone subscriber's monthly phone bill if provided 4 9 within (description of the proposed E911 service area). 4 10 3. The secretary of state, in consultation with the 4 11administrator of the office of emergency management of the4 12department of public defensecouncil, shall adopt rules for 4 13 the conduct of joint E911 service referendums as required by 4 14 and consistent with subsections 1 and 2. 4 15 Sec. 6. Section 34A.7, subsections 1, 4, and 6, Code 1997, 4 16 are amended to read as follows: 4 17 1. LOCAL E911 SERVICE SURCHARGE IMPOSITION. 4 18 a. To encourage local implementation of E911 service, one 4 19 source of funding for E911 emergency telephone communication 4 20 systems shall come from a surcharge per month, per access line 4 21 on each access line subscriber, except as provided in 4 22 subsection 5, equal to the lowest amount of the following: 4 23 One dollar. 4 24 An amount less than one dollar, which would fully pay both 4 25 recurring and nonrecurring costs of the E911 service system 4 26 within five years from the date the maximum surcharge is 4 27 imposed. 4 28 The maximum monetary limitation approved by referendum. 4 29 The surcharge shall be imposed by order of the 4 30administratorcouncil as follows: 4 31 (1) Theadministratorcouncil shall notify a provider 4 32 scheduled to provide exchange access line service to an E911 4 33 service area, that implementation of an E911 service plan has 4 34 been approved by the joint 911 service board and by the 4 35 service area referendum, and that collection of the surcharge 5 1 is to begin within one hundred days. 5 2 (2) The notice shall be provided at least one hundred days 5 3 before the surcharge must be billed for the first time. 5 4 b. The surcharge shall terminate at the end of twenty-four 5 5 months, unless either, or both, of the following conditions is 5 6 met: 5 7 (1) E911 service is initiated for all or a part of the 5 8 E911 service area. 5 9 (2) An extension is granted by theadministratorcouncil 5 10 for good cause. 5 11 c. The surcharge shall terminate at the end of twenty-four 5 12 months if the joint E911 service plan has not been approved by 5 13 theadministratorcouncil within eighteen months of the 5 14 original notice to the provider to impose the surcharge, and 5 15 shall not be reimposed until a service plan is approved by the 5 16administratorcouncil and theadministratorcouncil gives 5 17 providers notice as required by paragraph "a", subparagraphs 5 18 (1) and (2). 5 19 4. E911 SERVICE FUND. Each joint E911 service board shall 5 20 establish and maintain as a separate account an E911 service 5 21 fund. Any funds remaining in the account at the end of each 5 22 fiscal year shall not revert to the general funds of the 5 23 member political subdivisions, except as provided in 5 24 subsection 5, but shall remain in the E911 service fund. 5 25 Moneys in an E911 service fund may only be used for 5 26 nonrecurring and recurring costs of the E911 service plan as 5 27 approved by theadministratorcouncil, as those terms are 5 28 defined by section 34A.2. 5 29 6. LIMITATION OF ACTIONS – PROVIDER NOT LIABLE ON CAUSE 5 30 OF ACTION RELATED TO PROVISION OF 911 SERVICES. A claim or 5 31 cause of action does not exist based upon or arising out of an 5 32 act or omission in connection with a wireline or wireless 5 33 provider's participation in an E911 service plan or provision 5 34 of 911 or local exchange access service, unless the act or 5 35 omission is determined to be willful and wanton negligence. 6 1 Sec. 7. Section 34A.7, subsection 5, paragraph b, 6 2 subparagraphs (2) and (3), Code 1997, are amended to read as 6 3 follows: 6 4 (2) If money remains in the fund after fully paying for 6 5 recurring costs incurred in the preceding year, the remainder 6 6 may be spent to pay for nonrecurring costs, not to exceed 6 7 actual nonrecurring costs as approved by theadministrator6 8 council. 6 9 (3) If money remains in the fund after fully paying 6 10 obligations under subparagraphs (1) and (2), the remainder may 6 11 be accumulated in the fund as a carryover operating surplus. 6 12 If the surplus is greater than twenty-five percent of the 6 13 approved annual operating budget for the next year, the 6 14administratorcouncil shall reduce the surcharge by an amount 6 15 calculated to result in a surplus of no more than twenty-five 6 16 percent of the planned annual operating budget. After 6 17 nonrecurring costs have been paid, if the surcharge is less 6 18 than the maximum allowed and the fund surplus is less than 6 19 twenty-five percent of the approved annual operating budget, 6 20 theadministratorcouncil shall, upon application of the joint 6 21 E911 service board, increase the surcharge in an amount 6 22 calculated to result in a surplus of twenty-five percent of 6 23 the approved annual operating budget. The surcharge may only 6 24 be adjusted once in a single year, upon one hundred days' 6 25 prior notice to the provider. 6 26 Sec. 8. Section 34A.15, subsection 1, unnumbered paragraph 6 27 1, Code 1997, is amended to read as follows: 6 28 An E911 communications council is established. The council 6 29 consists of the followingeleventhirteen members: 6 30 Sec. 9. Section 34A.15, subsection 1, Code 1997, is 6 31 amended by adding the following new paragraph: 6 32 NEW PARAGRAPH. k. Two persons appointed by the Iowa 6 33 wireless industry. One appointee shall represent cellular 6 34 companies and the other appointee shall represent personal 6 35 communications services companies. 7 1 Sec. 10. Section 34A.15, Code 1997, is amended by adding 7 2 the following new subsections: 7 3 NEW SUBSECTION. 2A. a. Notwithstanding section 34A.6, 7 4 the council, in consultation with the utilities board within 7 5 the utilities division of the department of commerce, shall 7 6 impose a monthly surcharge of up to one dollar on each 7 7 wireless communications service account provided in this 7 8 state. The surcharge shall not exceed the statewide average 7 9 E911 surcharge applied to customers receiving landline 7 10 telecommunications services. The surcharge shall be imposed 7 11 uniformly on a statewide basis and simultaneously on all 7 12 customers as provided by the council. 7 13 b. The surcharge shall be collected as part of the 7 14 wireless communications service provider's periodic billing to 7 15 a subscriber and shall be stated separately on each 7 16 subscriber's bill. In compensation for the costs of billing 7 17 and collection, the provider may retain one percent of the 7 18 gross surcharges collected. The surcharges shall be remitted 7 19 quarterly by the provider to the E911 communications council 7 20 for deposit into the fund established in subsection 2B. A 7 21 provider is not liable for an uncollected surcharge for which 7 22 the provider has billed a subscriber but not been paid. The 7 23 surcharge shall appear as a single line item on a subscriber's 7 24 periodic billing entitled, "E911 emergency telephone service 7 25 surcharge". The E911 service surcharge is not subject to 7 26 sales or use tax. 7 27 NEW SUBSECTION. 2B. Moneys collected pursuant to 7 28 subsection 2A shall be deposited in a separate fund within the 7 29 state treasury under the control of the council. In 7 30 accordance with section 22.7, subsection 6, the amount 7 31 collected from a wireless service provider and deposited in 7 32 the fund is confidential. Moneys in the fund shall be 7 33 expended and distributed annually as follows: 7 34 a. Ten percent of the total surcharges collected or two 7 35 hundred thousand dollars, whichever is less, half of which 8 1 shall be retained by the council for implementation, support, 8 2 and maintenance of the functions of the council, and half of 8 3 which shall be remitted to the Iowa law enforcement academy 8 4 for implementation, maintenance, and support of 8 5 telecommunicator training. 8 6 b. The department of public safety and the joint E911 8 7 service boards shall retain any additional funds necessary to 8 8 reimburse wireless carriers for their costs to deliver E911 8 9 services. The department of public safety and the joint E911 8 10 service boards shall assure that wireless carriers recover all 8 11 costs associated with the implementation and operation of E911 8 12 services, including but not limited to hardware, software, and 8 13 transport costs. 8 14 c. (1) The remainder of the surcharge collected shall be 8 15 remitted to the E911 communications council for distribution 8 16 to the joint E911 service boards and the Iowa department of 8 17 public safety to be used for the purposes authorized under 8 18 this chapter, for telecommunicator training, and for 8 19 implementation of enhanced wireless communications 8 20 capabilities. 8 21 The E911 communications council shall adopt rules governing 8 22 the distribution of the surcharge collected and distributed 8 23 pursuant to this lettered paragraph. The rules shall include 8 24 provisions that all joint E911 service boards and the Iowa 8 25 department of public safety which answer or service E911 calls 8 26 shall receive an equitable portion of the receipts. 8 27 In determining the equitable portion of the receipts to be 8 28 received by a joint E911 service board or the Iowa department 8 29 of public safety, the E911 communications council shall 8 30 consider factors including, but not limited to, all of the 8 31 following: 8 32 (a) Demonstrated need. 8 33 (b) Documented volume of wireless E911 calls. 8 34 (c) The public safety of the citizens of this state. 8 35 The E911 communications council shall submit an annual 9 1 report by January 15 of each year advising the general 9 2 assembly of the status of enhanced 911 implementation and 9 3 operations, including both wireline and wireless services, and 9 4 the distribution of surcharge receipts. 9 5 (2) If a county does not have a joint E911 service board, 9 6 that county's share of the surcharge shall be held in trust in 9 7 a separate account in the state treasury until such time as 9 8 the county establishes the board. If the county does not 9 9 create a joint E911 service board and begin implementation of 9 10 an E911 service plan by July 1, 2002, the council shall 9 11 distribute the funds held in trust for that county equally to 9 12 all remaining joint E911 service boards. 9 13 NEW SUBSECTION. 2C. For purposes of this section, 9 14 "wireless communications service" means a radio-link telephone 9 15 service providing dial tone access to a portable, mobile, or 9 16 fixed location for which a charge is levied. "Wireless 9 17 communications service" includes, but is not limited to, radio 9 18 repeater stations operated in the specialized mobile radio 9 19 service where the telephone service is secondary to the radio 9 20 repeater use, personal communications services, and cellular 9 21 communications services. 9 22 Sec. 11. Section 34A.20, subsection 2, Code 1997, is 9 23 amended to read as follows: 9 24 2. The authority shall cooperate with thedepartment of9 25public defensecouncil in the creation, administration, and 9 26 funding of the E911 program established in subchapter I. 9 27 Sec. 12. STUDY OF E911 SYSTEM. The E911 communications 9 28 council shall conduct a study concerning the issues related to 9 29 the provision of E911 service in this state, the cost recovery 9 30 mechanism provided in chapter 34A for wireline and wireless 9 31 providers, and any other appropriate issue related to the E911 9 32 system. The council shall provide a written report to the 9 33 general assembly concerning the council's progress in 9 34 completing this study by no later than January 15, 1999. The 9 35 report shall include any recommendations of the council 10 1 concerning the E911 system and the additional time necessary, 10 2 if any, to complete the study. 10 3 EXPLANATION 10 4 This bill amends provisions relating to the statewide E911 10 5 system. 10 6 The bill directs the Iowa finance authority to establish a 10 7 mechanism for pooling funds of two or more joint E911 service 10 8 boards for the joint purchase of necessary equipment to be 10 9 used in providing E911 service. 10 10 The bill increases the membership of the E911 10 11 communications council from 11 to 13 members and adds two 10 12 persons to be appointed by the wireless communications 10 13 industry. 10 14 The bill requires the E911 communications council, in 10 15 consultation with the utilities board within the utilities 10 16 division of the department of commerce, to impose a monthly 10 17 surcharge of up to one dollar on each wireless communications 10 18 service account provided in this state. The surcharge is to 10 19 be collected by the wireless communications service provider 10 20 and remitted to the council. Such provider is authorized to 10 21 retain one percent of the amount collected for administration. 10 22 The council is to distribute the surcharge collected with 10 10 23 percent or $200,000, whichever is less, with one-half to be 10 24 retained by the council for implementation, support, and 10 25 maintenance of the functions of the council, and one-half to 10 26 be remitted to the Iowa law enforcement academy for 10 27 telecommunicator training. The remainder is to be remitted to 10 28 the E911 communications council for distribution to the joint 10 29 E911 service boards and the Iowa department of public safety 10 30 pursuant to rules adopted by the council. The moneys 10 31 distributed are to be used for telecommunicator training and 10 32 the implementation of enhanced wireless communications 10 33 capabilities. If a county does not have a joint E911 service 10 34 board, that county's share of the surcharge shall be held in 10 35 trust in a separate account in the state treasury until such 11 1 time as the county establishes a board. If the county does 11 2 not create a joint E911 service board by July 1, 2002, the 11 3 council shall distribute the funds held in trust for that 11 4 county equally to all remaining joint E911 service boards. 11 5 The bill also transfers administrative coordination and 11 6 authority of E911 activities from the division of emergency 11 7 management of the department of public defense to the E911 11 8 communications council. The bill directs the council to 11 9 conduct a study regarding the provision of E911 services in 11 10 this state. The council is to provide a written progress 11 11 report to the general assembly by no later than January 15, 11 12 1999, including any recommendations of the council concerning 11 13 E911. 11 14 LSB 2785HV 77 11 15 mj/jw/5
Text: HF00734 Text: HF00736 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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