Text: S03564                            Text: S03566
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Senate Amendment 3565

Amendment Text

PAG LIN
  1  1    Amend Senate File 530 as follows:
  1  2    #1.  Page 1, line 6, by striking the words "to be
  1  3 used in providing" and inserting the following:  "and
  1  4 reimbursement of wireless service providers' costs for
  1  5 upgrades necessary to provide".
  1  6    #2.  Page 1, by inserting after line 6 the
  1  7 following:
  1  8    "Sec.    .  Section 34A.2, subsections 2 and 3,
  1  9 Code 1997, are amended by striking the subsections and
  1 10 inserting in lieu thereof the following:
  1 11    2.  "Council" means the E911 communications council
  1 12 established in section 34A.15.
  1 13    Sec.    .  Section 34A.3, subsections 1 and 2, Code
  1 14 1997, are amended to read as follows:
  1 15    1.  JOINT 911 SERVICE BOARDS TO SUBMIT PLANS.  The
  1 16 board of supervisors of each county shall establish a
  1 17 joint 911 service board not later than January 1,
  1 18 1989.  Each political subdivision of the state having
  1 19 a public safety agency serving territory within the
  1 20 county is entitled to voting membership on the joint
  1 21 911 service board.  Each private safety agency
  1 22 operating within the area is entitled to nonvoting
  1 23 membership on the board.  A township which does not
  1 24 operate its own public safety agency, but contracts
  1 25 for the provision of public safety services, is not
  1 26 entitled to membership on the joint 911 service board,
  1 27 but its contractor is entitled to membership according
  1 28 to the contractor's status as a public or private
  1 29 safety agency.  The joint 911 service board shall
  1 30 develop an enhanced 911 service plan encompassing at
  1 31 minimum the entire county, unless an exemption is
  1 32 granted by the administrator council permitting a
  1 33 smaller E911 service area.  The administrator council
  1 34 may grant a discretionary exemption from the single
  1 35 county minimum service area requirement based upon an
  1 36 E911 joint service board's or other E911 service plan
  1 37 operating authority's presentation of evidence which
  1 38 supports the requested exemption if the administrator
  1 39 council finds that local conditions make adherence to
  1 40 the minimum standard unreasonable or technically
  1 41 infeasible, and that the purposes of this chapter
  1 42 would be furthered by granting an exemption.  The
  1 43 minimum size requirement is intended to prevent
  1 44 unnecessary duplication of public safety answering
  1 45 points and minimize other administrative, personnel,
  1 46 and equipment expenses.  An E911 service area must
  1 47 encompass a geographically contiguous area.  No
  1 48 exemption shall be granted from the contiguous area
  1 49 requirement.  The administrator council may order the
  1 50 inclusion of a specific territory in an adjoining E911
  2  1 service plan area to avoid the creation by exclusion
  2  2 of a territory smaller than a single county not
  2  3 serviced by surrounding E911 service plan areas upon
  2  4 request of the joint 911 service board representing
  2  5 the territory.  The E911 service plan operating
  2  6 authority shall submit the plan on or before January
  2  7 1, 1994, to all of the following:
  2  8    a.  The division council.
  2  9    b.  Public and private safety agencies in the
  2 10 enhanced 911 service area.
  2 11    c.  Providers affected by the enhanced 911 service
  2 12 plan.
  2 13    An E911 joint service board that has a state-
  2 14 approved service plan in place prior to July 1, 1993,
  2 15 is exempt from the provisions of this section.  The
  2 16 division council shall establish, by July 1, 1994,
  2 17 E911 service plans for those E911 joint service boards
  2 18 which do not have a state-approved service plan in
  2 19 place on or before January 1, 1994.
  2 20    The division council shall prepare a summary of the
  2 21 plans submitted and present the summary to the
  2 22 legislature on or before August 1, 1994.
  2 23    2.  COMPLIANCE WAIVERS AVAILABLE IN LIMITED
  2 24 CIRCUMSTANCES.  The administrator council may extend,
  2 25 in whole or in part, the time for implementation of an
  2 26 enhanced 911 service plan beyond the scheduled plan of
  2 27 implementation, by issuance of a compliance waiver.
  2 28 The waiver shall be based upon a joint 911 service
  2 29 board's presentation of evidence which supports an
  2 30 extension if the administrator council finds that
  2 31 local conditions make implementation financially
  2 32 unreasonable or technically infeasible by the
  2 33 originally scheduled plan of implementation.  The
  2 34 compliance waiver shall be for a set period of time,
  2 35 and subject to review and renewal or denial of renewal
  2 36 upon its expiration.  The waiver may cover all or a
  2 37 portion of a 911 service plan's enhanced 911 service
  2 38 area to facilitate phased implementation when
  2 39 possible.  The granting of a compliance waiver does
  2 40 not create a presumption that the identical or similar
  2 41 waiver will be extended in the future.  Consideration
  2 42 of compliance waivers shall be on a case-by-case
  2 43 basis.
  2 44    Sec.    .  Section 34A.6, subsections 1 and 3, Code
  2 45 1997, are amended to read as follows:
  2 46    1.  Before a joint E911 service board may request
  2 47 imposition of the surcharge by the administrator
  2 48 council, the board shall submit the following question
  2 49 to voters, as provided in subsection 2, in the
  2 50 proposed E911 service area, and the question shall
  3  1 receive a favorable vote from a simple majority of
  3  2 persons submitting valid ballots on the following
  3  3 question within the proposed E911 service area:  
  3  4    Shall the following public       YES   
  3  5 measure be adopted?                 NO    
  3  6    Enhanced 911 emergency telephone service shall be
  3  7 funded, in whole or in part, by a monthly surcharge of
  3  8 (an amount determined by the local joint E911 service
  3  9 board of up to one dollar) on each telephone access
  3 10 line collected as part of each telephone subscriber's
  3 11 monthly phone bill if provided within (description of
  3 12 the proposed E911 service area).
  3 13    3.  The secretary of state, in consultation with
  3 14 the administrator of the office of emergency
  3 15 management of the department of public defense
  3 16 council, shall adopt rules for the conduct of joint
  3 17 E911 service referendums as required by and consistent
  3 18 with subsections 1 and 2.
  3 19    Sec.    .  Section 34A.7, subsections 1, 4, and 6,
  3 20 Code 1997, are amended to read as follows:
  3 21    1.  LOCAL E911 SERVICE SURCHARGE IMPOSITION.
  3 22    a.  To encourage local implementation of E911
  3 23 service, one source of funding for E911 emergency
  3 24 telephone communication systems shall come from a
  3 25 surcharge per month, per access line on each access
  3 26 line subscriber, except as provided in subsection 5,
  3 27 equal to the lowest amount of the following:
  3 28    One dollar.
  3 29    An amount less than one dollar, which would fully
  3 30 pay both recurring and nonrecurring costs of the E911
  3 31 service system within five years from the date the
  3 32 maximum surcharge is imposed.
  3 33    The maximum monetary limitation approved by
  3 34 referendum.
  3 35    The surcharge shall be imposed by order of the
  3 36 administrator council as follows:
  3 37    (1)  The administrator council shall notify a
  3 38 provider scheduled to provide exchange access line
  3 39 service to an E911 service area, that implementation
  3 40 of an E911 service plan has been approved by the joint
  3 41 911 service board and by the service area referendum,
  3 42 and that collection of the surcharge is to begin
  3 43 within one hundred days.
  3 44    (2)  The notice shall be provided at least one
  3 45 hundred days before the surcharge must be billed for
  3 46 the first time.
  3 47    b.  The surcharge shall terminate at the end of
  3 48 twenty-four months, unless either, or both, of the
  3 49 following conditions is met:
  3 50    (1)  E911 service is initiated for all or a part of
  4  1 the E911 service area.
  4  2    (2)  An extension is granted by the administrator
  4  3 council for good cause.
  4  4    c.  The surcharge shall terminate at the end of
  4  5 twenty-four months if the joint E911 service plan has
  4  6 not been approved by the administrator council within
  4  7 eighteen months of the original notice to the provider
  4  8 to impose the surcharge, and shall not be reimposed
  4  9 until a service plan is approved by the administrator
  4 10 council and the administrator council gives providers
  4 11 notice as required by paragraph "a", subparagraphs (1)
  4 12 and (2).
  4 13    4.  E911 SERVICE FUND.  Each joint E911 service
  4 14 board shall establish and maintain as a separate
  4 15 account an E911 service fund.  Any funds remaining in
  4 16 the account at the end of each fiscal year shall not
  4 17 revert to the general funds of the member political
  4 18 subdivisions, except as provided in subsection 5, but
  4 19 shall remain in the E911 service fund. Moneys in an
  4 20 E911 service fund may only be used for nonrecurring
  4 21 and recurring costs of the E911 service plan as
  4 22 approved by the administrator council, as those terms
  4 23 are defined by section 34A.2.
  4 24    6.  LIMITATION OF ACTIONS – PROVIDER NOT LIABLE ON
  4 25 CAUSE OF ACTION RELATED TO PROVISION OF 911 SERVICES.
  4 26 A claim or cause of action does not exist based upon
  4 27 or arising out of an act or omission in connection
  4 28 with a wireline or wireless provider's participation
  4 29 in an E911 service plan or provision of 911 or local
  4 30 exchange access service, unless the act or omission is
  4 31 determined to be willful and wanton negligence.
  4 32    Sec.    .  Section 34A.7, subsection 5, paragraph
  4 33 b, subparagraphs (2) and (3), Code 1997, are amended
  4 34 to read as follows:
  4 35    (2)  If money remains in the fund after fully
  4 36 paying for recurring costs incurred in the preceding
  4 37 year, the remainder may be spent to pay for
  4 38 nonrecurring costs, not to exceed actual nonrecurring
  4 39 costs as approved by the administrator council.
  4 40    (3)  If money remains in the fund after fully
  4 41 paying obligations under subparagraphs (1) and (2),
  4 42 the remainder may be accumulated in the fund as a
  4 43 carryover operating surplus.  If the surplus is
  4 44 greater than twenty-five percent of the approved
  4 45 annual operating budget for the next year, the
  4 46 administrator council shall reduce the surcharge by an
  4 47 amount calculated to result in a surplus of no more
  4 48 than twenty-five percent of the planned annual
  4 49 operating budget.  After nonrecurring costs have been
  4 50 paid, if the surcharge is less than the maximum
  5  1 allowed and the fund surplus is less than twenty-five
  5  2 percent of the approved annual operating budget, the
  5  3 administrator council shall, upon application of the
  5  4 joint E911 service board, increase the surcharge in an
  5  5 amount calculated to result in a surplus of twenty-
  5  6 five percent of the approved annual operating budget.
  5  7 The surcharge may only be adjusted once in a single
  5  8 year, upon one hundred days' prior notice to the
  5  9 provider.
  5 10    Sec. ___.  Section 34A.15, subsection 1, unnumbered
  5 11 paragraph 1, Code 1997, is amended to read as follows:
  5 12    An E911 communications council is established.  The
  5 13 council consists of the following eleven thirteen
  5 14 members:
  5 15    Sec. ___.  Section 34A.15, subsection 1, Code 1997,
  5 16 is amended by adding the following new paragraph:
  5 17    NEW PARAGRAPH.  k.  Two persons appointed by the
  5 18 Iowa wireless industry.  One appointee shall represent
  5 19 cellular companies and the other appointee shall
  5 20 represent personal communications services companies."
  5 21    #3.  Page 1, line 12, by inserting after the word
  5 22 "of" the following:  "up to".
  5 23    #4.  Page 1, line 13, by inserting after the word
  5 24 "state." the following:  "The surcharge shall not
  5 25 exceed the statewide average E911 surcharge applied to
  5 26 customers receiving landline telecommunications
  5 27 services.  The surcharge shall be imposed uniformly on
  5 28 a statewide basis and simultaneously on all customers
  5 29 as provided by the council."
  5 30    #5.  Page 1, line 16, by inserting after the word
  5 31 "subscriber" the following:  "and shall be stated
  5 32 separately on each subscriber's bill".
  5 33    #6.  Page 1, line 29, by striking the word "to" and
  5 34 inserting the following:  ".  In accordance with
  5 35 section 22.7, subsection 6, the amount collected from
  5 36 a wireless service provider and deposited in the fund
  5 37 is confidential.  Moneys in the fund shall".
  5 38    #7.  Page 2, by inserting after line 2 the
  5 39 following:
  5 40    "___.  The department of public safety and the
  5 41 joint E911 service boards shall retain any additional
  5 42 funds necessary to reimburse wireless carriers for
  5 43 their costs to deliver E911 services.  The department
  5 44 of public safety and the joint E911 service boards 
  5 45 shall assure that wireless carriers recover all
  5 46 costs associated with the implementation and operation
  5 47 of E911 services, including but not limited to
  5 48 hardware, software, and transport costs."
  5 49    #8.  Page 2, line 7, by striking the word "chapter"
  5 50 and inserting the following:  "chapter,".
  6  1    #9.  Page 2, line 20, by inserting after the word
  6  2 "board" the following:  "and begin implementation of
  6  3 an E911 service plan".
  6  4    #10.  Page 2, line 30, by inserting after the word
  6  5 "use," the following:  "personal communications
  6  6 services,".
  6  7    #11.  Page 2, by inserting after line 30 the
  6  8 following:
  6  9    "Sec.    .  Section 34A.20, subsection 2, Code
  6 10 1997, is amended to read as follows:
  6 11    2.  The authority shall cooperate with the
  6 12 department of public defense council in the creation,
  6 13 administration, and funding of the E911 program
  6 14 established in subchapter I.
  6 15    Sec.    .  STUDY OF E911 SYSTEM.  The E911
  6 16 communications council shall conduct a study
  6 17 concerning the issues related to the provision of E911
  6 18 service in this state, the cost recovery mechanism
  6 19 provided in chapter 34A for wireline and wireless
  6 20 providers, and any other appropriate issue related to
  6 21 the E911 system.  The council shall provide a written
  6 22 report to the general assembly concerning the
  6 23 council's progress in completing this study by no
  6 24 later than January 15, 1999.  The report shall include
  6 25 any recommendations of the council concerning the E911
  6 26 system and the additional time necessary, if any, to
  6 27 complete the study."
  6 28    #12.  By renumbering, relettering, and correcting
  6 29 internal references as necessary.  
  6 30 
  6 31 
  6 32                               
  6 33 RICHARD F. DRAKE 
  6 34 NANCY BOETTGER 
  6 35 STEVE KING 
  6 36 TOM FLYNN 
  6 37 SF 530.203 77
  6 38 mj/jj/28
     

Text: S03564                            Text: S03566
Text: S03500 - S03599                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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