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House Journal: Page 1142: Wednesday, April 1, 1998

25   the requested exemption if the administrator finds
26   that local conditions make adherence to the minimum
27   standard unreasonable or technically infeasible, and
28   that the purposes of this chapter would be furthered
29   by granting an exemption.  The minimum size
30   requirement is intended to prevent unnecessary
31   duplication of public safety answering points and
32   minimize other administrative, personnel, and
33   equipment expenses.  An E911 service area must
34   encompass a geographically contiguous area.  No
35   exemption shall be granted from the contiguous area
36   requirement.  The administrator may order the
37   inclusion of a specific territory in an adjoining E911
38   service plan area to avoid the creation by exclusion
39   of a territory smaller than a single county not
40   serviced by surrounding E911 service plan areas upon
41   request of the joint 911 service board representing
42   the territory.  The E911 service plan operating
43   authority shall submit the plan on or before January
44   1, 1994, to all of the following:
45     a.  The division administrator.
46     b.  Public and private safety agencies in the
47   enhanced 911 service area.
48     c.  Providers affected by the enhanced 911 service
49   plan.
50     An E911 joint service board that has a state-

Page 3

 1   approved service plan in place prior to July 1, 1993,
 2   is exempt from the provisions of this section.  The
 3   division administrator shall establish, by July 1,
 4   1994, E911 service plans for those E911 joint service
 5   boards which do not have a state-approved service plan
 6   in place on or before January 1, 1994.
 7     The division administrator shall prepare a summary
 8   of the plans submitted and present the summary to the
 9   legislature on or before August 1, 1994.
10     Sec. 7.  Section 34A.6, subsection 3, Code 1997, is
11   amended to read as follows:
12     3.  The secretary of state, in consultation with
13   the administrator of the office of emergency
14   management of the department of public defense, shall
15   adopt rules for the conduct of joint E911 service
16   referendums as required by and consistent with
17   subsections 1 and 2.
18     Sec. 8.  Section 34A.7, subsection 6, Code 1997, is
19   amended to read as follows:
20     6.  LIMITATION OF ACTIONS - PROVIDER NOT LIABLE ON
21   CAUSE OF ACTION RELATED TO PROVISION OF 911 SERVICES.
22   A claim or cause of action does not exist based upon
23   or arising out of an act or omission in connection
24   with a land-line or wireless provider's participation

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