Text: HF02593 Text: HF02595 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 34A.7, subsection 6, Code 2001, is 1 2 amended by striking the subsection. 1 3 Sec. 2. Section 34A.7A, subsection 1, paragraphs a and b, 1 4 Code 2001, are amended to read as follows: 1 5 a. Notwithstanding section 34A.6, the administrator shall 1 6 adopt by rule a monthly surcharge of up tofifty centsone 1 7 dollar to be imposed on each wireless communications service 1 8 number provided in this state. The surcharge shall be imposed 1 9 uniformly on a statewide basis and simultaneously on all 1 10 wireless communications service numbers as provided by rule of 1 11 the administrator. 1 12 b. The administrator shall provide no less than one 1 13 hundred days' notice of the surcharge to be imposed to each 1 14 wireless communications service provider. The administrator, 1 15 subject to thefifty centone dollar limit in paragraph "a", 1 16 may adjust the amount of the surcharge as necessary, but no 1 17 more than once in any calendar year. 1 18 Sec. 3. Section 34A.7A, subsection 2, Code 2001, is 1 19 amended by adding the following new paragraph: 1 20 NEW PARAGRAPH. aa. Twenty percent of the moneys remaining 1 21 in the wireless E911 emergency communications fund after the 1 22 appropriation in paragraph "a" shall be used for distribution 1 23 to the public safety answering points and the department of 1 24 public safety based upon the following service area formula: 1 25 The sum of sixty-five percent of the total dollars 1 26 available multiplied by the square mileage of the service area 1 27 divided by the total square mileage of the state and thirty- 1 28 five percent of the total dollars available multiplied by the 1 29 product of the number of wireless E911 calls taken at a public 1 30 safety answering point divided by the statewide total number 1 31 of wireless E911 calls. 1 32 Sec. 4. Section 34A.7A, subsection 2, paragraph c, 1 33 subparagraph (1), Code 2001, is amended to read as follows: 1 34 (1)The remainder of the surcharge collected shall be1 35remitted to the administrator for distribution to the joint2 1E911 service boards and the department of public safety2 2pursuant to subparagraph (2) to be used for the implementation2 3of enhanced wireless communications capabilitiesThe 2 4 administrator may retain funds remaining after distribution to 2 5 the public safety answering points, the department of public 2 6 safety, and the reimbursement of wireless carriers, under 2 7 paragraphs "aa" and "b", for the purpose of implementing an 2 8 enhanced wireless 911 phase II service. For the purposes of 2 9 this paragraph, "enhanced wireless 911 phase II service" means 2 10 an emergency wireless telephone system with specific 2 11 electronically controlled features such as automatic number 2 12 identification (ANI) and automatic location identification 2 13 (ALI) systems. 2 14 Sec. 5. NEW SECTION. 34A.16 LIMITATION OF ACTIONS 2 15 RELATED TO PROVISION OF 911 SERVICES. 2 16 A claim or cause of action does not exist based upon or 2 17 arising out of an act or omission in connection with a land- 2 18 line or wireless provider's participation in an E911 service 2 19 plan or provision of 911 or local exchange access service, any 2 20 action of a person employed by a public safety answering point 2 21 communications facility, the E911 administrator, or a member 2 22 of a joint E911 service board or E911 communications council, 2 23 when participating in or administering a 911 service, unless 2 24 the act or omission is determined to be willful and wanton 2 25 negligence. 2 26 EXPLANATION 2 27 This bill relates to E911 operations by providing for the 2 28 distribution of surcharges collected from wireless 2 29 communications service providers and by limiting liability 2 30 related to the provision of E911 services. 2 31 The bill provides that 20 percent of the moneys remaining 2 32 in the wireless E911 emergency communications fund after an 2 33 appropriation by the general assembly to the E911 2 34 administrator shall be used for distribution to the public 2 35 safety answering points and the department of public safety 3 1 based upon a certain formula. The bill also provides that the 3 2 E911 administrator may retain any funds remaining after 3 3 distribution to the public safety answering points, the 3 4 department of public safety, and the reimbursement of wireless 3 5 carriers for implementing an enhanced wireless 911 phase II 3 6 service. "Enhanced wireless 911 phase II service" means an 3 7 emergency wireless telephone system with specific 3 8 electronically controlled features such as automatic number 3 9 identification (ANI) and automatic location identification 3 10 (ALI) systems. 3 11 The bill also exempts from liability telephone companies 3 12 and wireless providers, employees of a public answering point 3 13 communications facility, an E911 administrator, or a member of 3 14 a joint 911 service board or 911 communications council, when 3 15 participating in or administering a 911 service, unless the 3 16 act or omission is determined to be willful or wanton 3 17 negligence. 3 18 LSB 6380HH 79 3 19 rh/hk/91
Text: HF02593 Text: HF02595 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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