Text: HF00278 Text: HF00280 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 34A.2, subsection 4, Code 2001, is 1 2 amended to read as follows: 1 3 4. "Enhanced 911 service area" means the geographic area 1 4 to be serviced, or currently serviced under an enhanced 911 1 5 service plan, provided thataneach enhanced 911 service area 1 6 mustat minimumencompass only oneentirecounty.The1 7enhanced 911 service area may encompass more than one county,1 8and need not be restricted to county boundaries.1 9 Sec. 2. Section 34A.3, subsection 1, Code 2001, is amended 1 10 to read as follows: 1 11 1. JOINT 911 SERVICE BOARDS TO SUBMIT PLANS. The board of 1 12 supervisors of each county shall establish a joint 911 service 1 13 board not later than January 1, 1989. Each political 1 14 subdivision of the state having a public safety agency serving 1 15 territory within the county is entitled to voting membership 1 16 on the joint 911 service board. Each private safety agency 1 17 operating within the area is entitled to nonvoting membership 1 18 on the board. A township which does not operate its own 1 19 public safety agency, but contracts for the provision of 1 20 public safety services, is not entitled to membership on the 1 21 joint 911 service board, but its contractor is entitled to 1 22 membership according to the contractor's status as a public or 1 23 private safety agency. The joint 911 service board shall 1 24 develop an enhanced 911 service plan encompassingat minimum1 25the entireonly one county, unless an exemption is granted by1 26the administrator permitting a smaller E911 service area.The1 27administrator may grant a discretionary exemption from the1 28single county minimum service area requirement based upon an1 29E911 joint service board's or other E911 service plan1 30operating authority's presentation of evidence which supports1 31the requested exemption if the administrator finds that local1 32conditions make adherence to the minimum standard unreasonable1 33or technically infeasible, and that the purposes of this1 34chapter would be furthered by granting an exemption. The1 35minimum size requirement is intended to prevent unnecessary2 1duplication of public safety answering points and minimize2 2other administrative, personnel, and equipment expenses. An2 3E911 service area must encompass a geographically contiguous2 4area. No exemption shall be granted from the contiguous area2 5requirement. The administrator may order the inclusion of a2 6specific territory in an adjoining E911 service plan area to2 7avoid the creation by exclusion of a territory smaller than a2 8single county not serviced by surrounding E911 service plan2 9areas upon request of the joint 911 service board representing2 10the territory. The E911 service plan operating authority2 11shall submit the plan on or before January 1, 1994, to all of2 12the following:2 13a. The administrator.2 14b. Public and private safety agencies in the enhanced 9112 15service area.2 16c. Providers affected by the enhanced 911 service plan.2 17 An E911 joint service board that has a state-approved 2 18 service plan in place prior to July 1, 1993, is exempt from 2 19 the provisions of this section. The administrator shall 2 20 establish, by July 1, 1994, E911 service plans for those E911 2 21 joint service boards which do not have a state-approved 2 22 service plan in place on or before January 1, 1994. 2 23 The administrator shall prepare a summary of the plans 2 24 submitted and present the summary to the legislature on or 2 25 before August 1, 1994. 2 26 Sec. 3. Section 34A.3, subsection 3, unnumbered paragraph 2 27 1, Code 2001, is amended to read as follows: 2 28 A legal entity created pursuant to chapter 28E by a county 2 29or counties, other political divisions, and public or private 2 30 agencies to jointly plan, implement, and operate a countywide,2 31or larger,enhanced 911 service system may be substituted for 2 32 the joint 911 service board required under subsection 1. 2 33 Sec. 4. Section 34A.6, subsection 2, Code 2001, is amended 2 34 to read as follows: 2 35 2. The referendum required as a condition of the surcharge 3 1 imposition in subsection 1 shall be conducted using the 3 2 following electoral mechanism: 3 3 At the request of the joint E911 service board a county 3 4 commissioner of elections shall include the question on the 3 5 next eligible general election ballot in each electoral 3 6 precinct to be served, in whole or in part, by the proposed 3 7 E911 service area, provided the request is timely submitted to 3 8 permit inclusion. The question may be included in the next 3 9 election in which all of the voters in the proposed E911 3 10 service area will be eligible to vote on the same day. The 3 11 county commissioner of elections shall report the results to 3 12 the joint E911 service board.The joint E911 service board3 13shall compile the results if subscribers from more than one3 14county are included within the proposed service area.The 3 15 joint E911 service board shall announce whether a simple 3 16 majority of the compiled votes reported by the commissioner 3 17 approved the referendum question. 3 18 Sec. 5. Section 34A.7, subsection 2, Code 2001, is amended 3 19 to read as follows: 3 20 2. SURCHARGE COLLECTED BY PROVIDERS. The surcharge shall 3 21 be collected as part of the access line service provider's 3 22 periodic billing to a subscriber. In compensation for the 3 23 costs of billing and collection, the provider may retain one 3 24 percent of the gross surcharges collected. If the 3 25 compensation is insufficient to fully recover a provider's 3 26 costs for billing and collection of the surcharge, the 3 27 deficiency shall be included in the provider's costs for 3 28 ratemaking purposes to the extent it is reasonable and just 3 29 under section 476.6. The surcharge shall be remitted to the 3 30E911 service operating authoritycounty auditor or the 3 31 auditor's designee of the county in which the subscriber 3 32 resides for deposit into the E911 service fund quarterly by 3 33 the provider. A provider is not liable for an uncollected 3 34 surcharge for which the provider has billed a subscriber but 3 35 not been paid. The surcharge shall appear as a single line 4 1 item on a subscriber's periodic billing entitled, "E911 4 2 emergency telephone service surcharge". The E911 service 4 3 surcharge is not subject to sales or use tax. 4 4 EXPLANATION 4 5 This bill amends Code chapter 34A to provide that an 4 6 enhanced 911 service area shall encompass only one county. 4 7 The bill also provides that the E911 surcharge shall be 4 8 remitted by the service providers to the county auditor or the 4 9 auditor's designee instead of to the E911 service operating 4 10 authority for deposit into the E911 service fund. 4 11 LSB 1188HH 79 4 12 av/gg/8
Text: HF00278 Text: HF00280 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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