Text: HSB00583 Text: HSB00585 Text: HSB00500 - HSB00599 Text: HSB 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 8department of public defenseE911 communications council in a 1 9 chapter 28E agreement with respect to the issuance and 1 10 securing of bonds or notes and the carrying out of the 1 11 purposes of chapter 34A. 1 12 Sec. 2. Section 34A.2, subsections 2 and 3, Code 1997, are 1 13 amended by striking the subsections and inserting in lieu 1 14 thereof the following: 1 15 2. "Council" means the E911 communications council 1 16 established in section 34A.15. 1 17 Sec. 3. Section 34A.3, subsections 1 and 2, Code 1997, are 1 18 amended to read as follows: 1 19 1. JOINT 911 SERVICE BOARDS TO SUBMIT PLANS. The board of 1 20 supervisors of each county shall establish a joint 911 service 1 21 board not later than January 1, 1989. Each political 1 22 subdivision of the state having a public safety agency serving 1 23 territory within the county is entitled to voting membership 1 24 on the joint 911 service board. Each private safety agency 1 25 operating within the area is entitled to nonvoting membership 1 26 on the board. A township which does not operate its own 1 27 public safety agency, but contracts for the provision of 1 28 public safety services, is not entitled to membership on the 1 29 joint 911 service board, but its contractor is entitled to 1 30 membership according to the contractor's status as a public or 1 31 private safety agency. The joint 911 service board shall 1 32 develop an enhanced 911 service plan encompassing at minimum 1 33 the entire county, unless an exemption is granted by the 1 34administratorcouncil permitting a smaller E911 service area. 1 35 Theadministratorcouncil may grant a discretionary exemption 2 1 from the single county minimum service area requirement based 2 2 upon an E911 joint service board's or other E911 service plan 2 3 operating authority's presentation of evidence which supports 2 4 the requested exemption if theadministratorcouncil finds 2 5 that local conditions make adherence to the minimum standard 2 6 unreasonable or technically infeasible, and that the purposes 2 7 of this chapter would be furthered by granting an exemption. 2 8 The minimum size requirement is intended to prevent 2 9 unnecessary duplication of public safety answering points and 2 10 minimize other administrative, personnel, and equipment 2 11 expenses. An E911 service area must encompass a 2 12 geographically contiguous area. No exemption shall be granted 2 13 from the contiguous area requirement. Theadministrator2 14 council may order the inclusion of a specific territory in an 2 15 adjoining E911 service plan area to avoid the creation by 2 16 exclusion of a territory smaller than a single county not 2 17 serviced by surrounding E911 service plan areas upon request 2 18 of the joint 911 service board representing the territory. 2 19 The E911 service plan operating authority shall submit the 2 20 plan on or before January 1, 1994, to all of the following: 2 21 a. Thedivisioncouncil. 2 22 b. Public and private safety agencies in the enhanced 911 2 23 service area. 2 24 c. Providers affected by the enhanced 911 service plan. 2 25 An E911 joint service board that has a state-approved 2 26 service plan in place prior to July 1, 1993, is exempt from 2 27 the provisions of this section. Thedivisioncouncil shall 2 28 establish, by July 1, 1994, E911 service plans for those E911 2 29 joint service boards which do not have a state-approved 2 30 service plan in place on or before January 1, 1994. 2 31 Thedivisioncouncil shall prepare a summary of the plans 2 32 submitted and present the summary to the legislature on or 2 33 before August 1, 1994. 2 34 2. COMPLIANCE WAIVERS AVAILABLE IN LIMITED CIRCUMSTANCES. 2 35 Theadministratorcouncil may extend, in whole or in part, the 3 1 time for implementation of an enhanced 911 service plan beyond 3 2 the scheduled plan of implementation, by issuance of a 3 3 compliance waiver. The waiver shall be based upon a joint 911 3 4 service board's presentation of evidence which supports an 3 5 extension if theadministratorcouncil finds that local 3 6 conditions make implementation financially unreasonable or 3 7 technically infeasible by the originally scheduled plan of 3 8 implementation. The compliance waiver shall be for a set 3 9 period of time, and subject to review and renewal or denial of 3 10 renewal upon its expiration. The waiver may cover all or a 3 11 portion of a 911 service plan's enhanced 911 service area to 3 12 facilitate phased implementation when possible. The granting 3 13 of a compliance waiver does not create a presumption that the 3 14 identical or similar waiver will be extended in the future. 3 15 Consideration of compliance waivers shall be on a case-by-case 3 16 basis. 3 17 Sec. 4. Section 34A.6, subsections 1 and 3, Code 1997, are 3 18 amended to read as follows: 3 19 1. Before a joint E911 service board may request 3 20 imposition of the surcharge by theadministratorcouncil, the 3 21 board shall submit the following question to voters, as 3 22 provided in subsection 2, in the proposed E911 service area, 3 23 and the question shall receive a favorable vote from a simple 3 24 majority of persons submitting valid ballots on the following 3 25 question within the proposed E911 service area: 3 26 Shall the following public YES 3 27 measure be adopted? NO 3 28 Enhanced 911 emergency telephone service shall be funded, 3 29 in whole or in part, by a monthly surcharge of (an amount 3 30 determined by the local joint E911 service board of up to one 3 31 dollar) on each telephone access line collected as part of 3 32 each telephone subscriber's monthly phone bill if provided 3 33 within (description of the proposed E911 service area). 3 34 3. The secretary of state, in consultation with the 3 35administrator of the office of emergency management of the4 1department of public defensecouncil, shall adopt rules for 4 2 the conduct of joint E911 service referendums as required by 4 3 and consistent with subsections 1 and 2. 4 4 Sec. 5. Section 34A.7, subsections 1 and 4, Code 1997, are 4 5 amended to read as follows: 4 6 1. LOCAL E911 SERVICE SURCHARGE IMPOSITION. 4 7 a. To encourage local implementation of E911 service, one 4 8 source of funding for E911 emergency telephone communication 4 9 systems shall come from a surcharge per month, per access line 4 10 on each access line subscriber, except as provided in 4 11 subsection 5, equal to the lowest amount of the following: 4 12 One dollar. 4 13 An amount less than one dollar, which would fully pay both 4 14 recurring and nonrecurring costs of the E911 service system 4 15 within five years from the date the maximum surcharge is 4 16 imposed. 4 17 The maximum monetary limitation approved by referendum. 4 18 The surcharge shall be imposed by order of the 4 19administratorcouncil as follows: 4 20 (1) Theadministratorcouncil shall notify a provider 4 21 scheduled to provide exchange access line service to an E911 4 22 service area, that implementation of an E911 service plan has 4 23 been approved by the joint 911 service board and by the 4 24 service area referendum, and that collection of the surcharge 4 25 is to begin within one hundred days. 4 26 (2) The notice shall be provided at least one hundred days 4 27 before the surcharge must be billed for the first time. 4 28 b. The surcharge shall terminate at the end of twenty-four 4 29 months, unless either, or both, of the following conditions is 4 30 met: 4 31 (1) E911 service is initiated for all or a part of the 4 32 E911 service area. 4 33 (2) An extension is granted by theadministratorcouncil 4 34 for good cause. 4 35 c. The surcharge shall terminate at the end of twenty-four 5 1 months if the joint E911 service plan has not been approved by 5 2 theadministratorcouncil within eighteen months of the 5 3 original notice to the provider to impose the surcharge, and 5 4 shall not be reimposed until a service plan is approved by the 5 5administratorcouncil and theadministratorcouncil gives 5 6 providers notice as required by paragraph "a", subparagraphs 5 7 (1) and (2). 5 8 4. E911 SERVICE FUND. Each joint E911 service board shall 5 9 establish and maintain as a separate account an E911 service 5 10 fund. Any funds remaining in the account at the end of each 5 11 fiscal year shall not revert to the general funds of the 5 12 member political subdivisions, except as provided in 5 13 subsection 5, but shall remain in the E911 service fund. 5 14 Moneys in an E911 service fund may only be used for 5 15 nonrecurring and recurring costs of the E911 service plan as 5 16 approved by theadministratorcouncil, as those terms are 5 17 defined by section 34A.2. 5 18 Sec. 6. Section 34A.7, subsection 5, paragraph b, 5 19 subparagraphs (2) and (3), Code 1997, are amended to read as 5 20 follows: 5 21 (2) If money remains in the fund after fully paying for 5 22 recurring costs incurred in the preceding year, the remainder 5 23 may be spent to pay for nonrecurring costs, not to exceed 5 24 actual nonrecurring costs as approved by theadministrator5 25 council. 5 26 (3) If money remains in the fund after fully paying 5 27 obligations under subparagraphs (1) and (2), the remainder may 5 28 be accumulated in the fund as a carryover operating surplus. 5 29 If the surplus is greater than twenty-five percent of the 5 30 approved annual operating budget for the next year, the 5 31administratorcouncil shall reduce the surcharge by an amount 5 32 calculated to result in a surplus of no more than twenty-five 5 33 percent of the planned annual operating budget. After 5 34 nonrecurring costs have been paid, if the surcharge is less 5 35 than the maximum allowed and the fund surplus is less than 6 1 twenty-five percent of the approved annual operating budget, 6 2 theadministratorcouncil shall, upon application of the joint 6 3 E911 service board, increase the surcharge in an amount 6 4 calculated to result in a surplus of twenty-five percent of 6 5 the approved annual operating budget. The surcharge may only 6 6 be adjusted once in a single year, upon one hundred days' 6 7 prior notice to the provider. 6 8 Sec. 7. Section 34A.20, subsection 2, Code 1997, is 6 9 amended to read as follows: 6 10 2. The authority shall cooperate with thedepartment of6 11public defensecouncil in the creation, administration, and 6 12 funding of the E911 program established in subchapter I. 6 13 EXPLANATION 6 14 This bill transfers all duties and responsibilities 6 15 associated with enhanced 911 public safety telephone answering 6 16 and dispatching services from the emergency management 6 17 division in the department of public defense to the E911 6 18 communications council. 6 19 LSB 3183DP 77 6 20 mj/sc/14
Text: HSB00583 Text: HSB00585 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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