Text: HF02433                           Text: HF02435
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Bills and Amendments: General Index     Bill History: General Index

House File 2434

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 34A.1, Code 2003, is amended to read as
  1  2 follows:
  1  3    34A.1  PURPOSE.
  1  4    The legislature general assembly finds that enhanced 911
  1  5 emergency telephone communication systems and other emergency
  1  6 911 notification devices further the public interest and
  1  7 protect the health, safety, and welfare of the people of Iowa.
  1  8 The purpose of this chapter is to enable the orderly
  1  9 development, installation, and operation of enhanced 911
  1 10 emergency telephone communication systems and other emergency
  1 11 911 notification devices statewide.  These systems are to be
  1 12 operated under governmental management and control for the
  1 13 public benefit.
  1 14    Sec. 2.  Section 34A.2, Code 2003, is amended to read as
  1 15 follows:
  1 16    34A.2  DEFINITIONS.
  1 17    As used in this chapter, unless the context otherwise
  1 18 requires:
  1 19    1.  "Access line" means a local an exchange access line
  1 20 that has the ability to access local dial tone and reach a
  1 21 local public safety agency answering point.
  1 22    2.  "Administrator" means the E911 administrator appointed
  1 23 pursuant to section 34A.2A of the homeland security and
  1 24 emergency management division of the department of public
  1 25 defense.
  1 26    3.  "Competitive local exchange service provider" means the
  1 27 same as defined in section 476.96.
  1 28    4.  "Emergency 911 notification device" means a product
  1 29 capable of accessing a public safety answering point through
  1 30 the 911 system.
  1 31    3. 5.  "Enhanced 911" or "E911" means a service which that
  1 32 provides the user of a public telephone system communications
  1 33 service with the ability to reach a public safety answering
  1 34 point by dialing the digits 911, and which that has the
  1 35 following additional features:
  2  1    a.  Routes an incoming 911 call to the appropriate public
  2  2 safety answering point selected from the public safety
  2  3 answering points operating in a 911 service area.
  2  4    b.  Automatically provides voice, displays the name,
  2  5 address or location, and telephone number of an incoming 911
  2  6 call and public safety agency servicing the address on a video
  2  7 monitor at the appropriate public safety answering point
  2  8 location.
  2  9    4. 6.  "Enhanced 911 service area" means the geographic
  2 10 area to be serviced, or currently serviced under an enhanced
  2 11 911 service plan, provided that an enhanced 911 service area
  2 12 must at minimum encompass one entire county.  The enhanced 911
  2 13 service area may encompass more than one county, and need not
  2 14 be restricted to county boundaries.
  2 15    5. 7.  "Enhanced 911 service plan" means a plan that
  2 16 includes the following information:
  2 17    a.  A description of the enhanced 911 service area.
  2 18    b.  A list of all public and private safety agencies within
  2 19 the enhanced 911 service area.
  2 20    c.  The number of public safety answering points within the
  2 21 enhanced 911 service area.
  2 22    d.  Identification of the agency responsible for management
  2 23 and supervision of the enhanced 911 emergency telephone
  2 24 communication system.
  2 25    e.  A statement of estimated costs to be incurred by the
  2 26 joint E911 service board or the department of public safety,
  2 27 including separate estimates of the following:
  2 28    (1)  Nonrecurring costs, including, but not limited to,
  2 29 public safety answering points, network equipment, software,
  2 30 database, addressing, initial training, and other capital and
  2 31 start-up expenditures, including the purchase or lease of
  2 32 subscriber names, addresses, and telephone information from
  2 33 the local exchange service provider.
  2 34    (2)  Recurring costs, including, but not limited to,
  2 35 network access fees and other telephone charges, software,
  3  1 equipment, and database management, and maintenance, including
  3  2 the purchase or lease of subscriber names, addresses, and
  3  3 telephone information from the local exchange service
  3  4 provider.  Recurring costs shall not include personnel costs
  3  5 for a public safety answering point.
  3  6    Funds deposited in an E911 service fund shall be are
  3  7 appropriated and shall be used for the payment of costs which
  3  8 that are limited to nonrecurring and recurring costs directly
  3  9 attributable to the provision of 911 emergency telephone
  3 10 communication service and may include costs for portable and
  3 11 vehicle radios, communication towers and associated equipment,
  3 12 and other radios and associated equipment permanently located
  3 13 at the public safety answering point and as directed by either
  3 14 the joint E911 service board or the department of public
  3 15 safety.  Costs do not include expenditures for any other
  3 16 purpose, and specifically exclude costs attributable to other
  3 17 emergency services or expenditures for buildings or personnel,
  3 18 except for the costs of personnel for database management and
  3 19 personnel directly associated with addressing.
  3 20    f.  Current equipment operated by affected local exchange
  3 21 service providers, and central office equipment and technology
  3 22 upgrades necessary for the provider to implement enhanced 911
  3 23 service within the enhanced 911 service area on or before July
  3 24 1, 1992.
  3 25    g.  A schedule for implementation of the plan throughout
  3 26 the E911 service area.  The schedule may provide for phased
  3 27 implementation.  However, a joint 911 service board may decide
  3 28 not to implement E911 service.
  3 29    h.  The number of telephone access lines capable of access
  3 30 to 911 in the enhanced 911 service area.
  3 31    i.  The total property valuation in the enhanced 911
  3 32 service area.
  3 33    6.  "Enhanced 911 service surcharge" is a charge set by the
  3 34 E911 service area operating authority and assessed on each
  3 35 access line which physically terminates within the E911
  4  1 service area.
  4  2    8.  "Local exchange carrier" means the same as defined in
  4  3 section 476.96.
  4  4    7. 9.  "Local exchange service provider" means a person
  4  5 vendor engaged in providing telecommunications service between
  4  6 points within an exchange and includes but is not limited to a
  4  7 competitive local exchange service provider and a local
  4  8 exchange carrier.
  4  9    10.  "Program manager" means the E911 program manager
  4 10 appointed pursuant to section 34A.2A.
  4 11    8. 11.  "Provider" means a person vendor who provides, or
  4 12 offers to provide, E911 equipment, installation, maintenance,
  4 13 or exchange access services within the enhanced 911 service
  4 14 area.
  4 15    9. 12.  "Public or private safety agency" means a unit of
  4 16 state or local government, a special purpose district, or a
  4 17 private firm which provides or has the authority to provide
  4 18 fire fighting, police, ambulance, or emergency medical
  4 19 services, or hazardous materials response.
  4 20    10. 13.  "Public safety answering point" means a twenty-
  4 21 four hour local jurisdiction twenty-four-hour public safety
  4 22 communications facility which that receives enhanced 911
  4 23 service calls and directly dispatches emergency response
  4 24 services or relays calls to the appropriate public or private
  4 25 safety agency.
  4 26    14.  "Wireless E911 phase 1" means a 911 call made from a
  4 27 wireless device in which the wireless service provider
  4 28 delivers the call-back number and address of the tower that
  4 29 received the call to the appropriate public safety answering
  4 30 point.
  4 31    15.  "Wireless E911 phase 2" means a 911 call made from a
  4 32 wireless device in which the wireless service provider
  4 33 delivers the call-back number and the latitude and longitude
  4 34 coordinates of the wireless device to the appropriate public
  4 35 safety answering point.
  5  1    16.  "Wire-line E911 service surcharge" is a charge set by
  5  2 the E911 service area operating authority and assessed on each
  5  3 wire-line access line which physically terminates within the
  5  4 E911 service area.
  5  5    Sec. 3.  Section 34A.2A, Code 2003, is amended to read as
  5  6 follows:
  5  7    34A.2A  ADMINISTRATOR PROGRAM MANAGER – APPOINTMENT –
  5  8 DUTIES.
  5  9    1.  The administrator of the division of homeland security
  5 10 and emergency management division of the department of public
  5 11 defense shall appoint an E911 administrator program manager to
  5 12 administer this chapter.
  5 13    2.  The E911 administrator program manager shall act under
  5 14 the supervisory control of the administrator of the division
  5 15 of homeland security and emergency management division of the
  5 16 department of public defense, and in consultation with the
  5 17 E911 communications council, and perform the duties
  5 18 specifically set forth in this chapter and as assigned by the
  5 19 administrator.
  5 20    Sec. 4.  Section 34A.3, Code 2003, is amended to read as
  5 21 follows:
  5 22    34A.3  JOINT 911 E911 SERVICE BOARD – 911 SERVICE PLAN –
  5 23 IMPLEMENTATION – WAIVERS.
  5 24    1.  JOINT 911 E911 SERVICE BOARDS TO SUBMIT – PLANS.
  5 25    a.  The board of supervisors of each county shall establish
  5 26 maintain a joint 911 E911 service board not later than January
  5 27 1, 1989.
  5 28    (1)  Each political subdivision of the state having a
  5 29 public safety agency serving territory within the county is
  5 30 entitled to voting membership on the joint 911 E911 service
  5 31 board.  Each private safety agency operating within the area
  5 32 is entitled to nonvoting membership on the board.
  5 33    (2)  A township which that does not operate its own public
  5 34 safety agency, but contracts for the provision of public
  5 35 safety services, is not entitled to membership on the joint
  6  1 911 E911 service board, but its contractor is entitled to
  6  2 membership according to the contractor's status as a public or
  6  3 private safety agency.
  6  4    b.  The joint 911 E911 service board shall develop maintain
  6  5 an enhanced 911 service plan encompassing at minimum the
  6  6 entire county, unless an exemption is granted by the
  6  7 administrator program manager permitting a smaller E911
  6  8 service area.
  6  9    (1)  The administrator program manager may grant a
  6 10 discretionary exemption from the single county minimum service
  6 11 area requirement based upon an E911 a joint E911 service
  6 12 board's or other E911 service plan operating authority's
  6 13 presentation of evidence which supports the requested
  6 14 exemption if the administrator program manager finds that
  6 15 local conditions make adherence to the minimum standard
  6 16 unreasonable or technically infeasible, and that the purposes
  6 17 of this chapter would be furthered by granting an exemption.
  6 18 The minimum size requirement is intended to prevent
  6 19 unnecessary duplication of public safety answering points and
  6 20 minimize other administrative, personnel, and equipment
  6 21 expenses.  An E911 service area must encompass a
  6 22 geographically contiguous area.  No exemption shall be granted
  6 23 from the contiguous area requirement.
  6 24    (2)  The administrator program manager may order the
  6 25 inclusion of a specific territory in an adjoining E911 service
  6 26 plan area to avoid the creation by exclusion of a territory
  6 27 smaller than a single county not serviced by surrounding E911
  6 28 service plan areas upon request of the joint 911 E911 service
  6 29 board representing the territory.
  6 30    c.  The E911 service plan operating authority shall submit
  6 31 proposed changes to the plan on or before January 1, 1994, to
  6 32 all of the following:
  6 33    a. (1)  The administrator program manager.
  6 34    b. (2)  Public and private safety agencies in the enhanced
  6 35 911 service area.
  7  1    c. (3)  Providers Local exchange service providers affected
  7  2 by the enhanced 911 service plan.
  7  3    An E911 joint service board that has a state-approved
  7  4 service plan in place prior to July 1, 1993, is exempt from
  7  5 the provisions of this section.  The administrator shall
  7  6 establish, by July 1, 1994, E911 service plans for those E911
  7  7 joint service boards which do not have a state-approved
  7  8 service plan in place on or before January 1, 1994.
  7  9    The administrator shall prepare a summary of the plans
  7 10 submitted and present the summary to the legislature on or
  7 11 before August 1, 1994.
  7 12    2.  COMPLIANCE WAIVERS AVAILABLE IN LIMITED CIRCUMSTANCES.
  7 13    a.  The administrator program manager may extend, in whole
  7 14 or in part, the time period for plan implementation by issuing
  7 15 for implementation of an enhanced 911 service plan beyond the
  7 16 scheduled plan of implementation, by issuance of a compliance
  7 17 waiver.
  7 18    b.  The compliance waiver shall be based upon a joint 911
  7 19 E911 service board's presentation of evidence which supports
  7 20 an extension if the administrator program manager finds that
  7 21 local conditions make implementation financially unreasonable
  7 22 or technically infeasible by the originally scheduled plan of
  7 23 implementation.
  7 24    c.  The compliance waiver shall be for a set period of
  7 25 time, and subject to review and renewal or denial of renewal
  7 26 upon its expiration.
  7 27    d.  The waiver may cover all or a portion of a 911 service
  7 28 plan's enhanced 911 service area to facilitate phased
  7 29 implementation when possible.
  7 30    e.  The granting of a compliance waiver does not create a
  7 31 presumption that the identical or similar waiver will be
  7 32 extended in the future.
  7 33    f.  Consideration of compliance waivers shall be on a case-
  7 34 by-case basis.
  7 35    3.  CHAPTER 28E AGREEMENT – ALTERNATIVE TO JOINT 911 E911
  8  1 SERVICE BOARD.  A legal entity created pursuant to chapter 28E
  8  2 by a county or counties, other political divisions, and public
  8  3 or private agencies to jointly plan, implement, and operate a
  8  4 countywide, or larger, enhanced 911 service system may be
  8  5 substituted for the joint 911 E911 service board required
  8  6 under subsection 1.
  8  7    An alternative legal entity created pursuant to chapter 28E
  8  8 as a substitute for a joint 911 E911 service board, as
  8  9 permitted by this subsection, may be created by either:
  8 10    a.  Agreement of the parties entitled to voting membership
  8 11 on a joint 911 E911 service board.
  8 12    b.  Agreement of the members of a joint 911 E911 service
  8 13 board.
  8 14    An alternative chapter 28E entity has all of the powers of
  8 15 a joint 911 E911 service board and any additional powers
  8 16 granted by the agreement.  As used in this chapter, "joint 911
  8 17 E911 service board" includes an alternative chapter 28E entity
  8 18 created for that purpose, except as specifically limited by
  8 19 the chapter 28E agreement or unless clearly provided otherwise
  8 20 in this chapter.  A chapter 28E agreement related to E911
  8 21 service shall permit the participation of a private safety
  8 22 agency or other persons allowed to participate in a joint 911
  8 23 E911 service board, but the terms, scope, and conditions of
  8 24 participation are subject to the chapter 28E agreement.
  8 25    4.  PARTICIPATION IN JOINT E911 SERVICE BOARD REQUIRED.  A
  8 26 political subdivision or state agency having a public safety
  8 27 agency within its territory or jurisdiction shall participate
  8 28 in a joint E911 service board and cooperate in preparing
  8 29 maintaining the E911 service plan.
  8 30    Sec. 5.  Section 34A.4, Code 2003, is amended to read as
  8 31 follows:
  8 32    34A.4  REQUIRED CONVERSION REQUIREMENTS OF PAY TELEPHONES
  8 33 AND OTHER TELECOMMUNICATIONS DEVICES TO ALLOW 911 CALLS
  8 34 WITHOUT DEPOSITING COINS OR OTHER CHARGE.
  8 35    1.  CONVERSION AND NOTICE REQUIRED.  When an enhanced 911
  9  1 service system becomes operational or as soon as feasible
  9  2 thereafter, each provider or other owner or lessee of a pay
  9  3 station telephone to be operated within the enhanced 911
  9  4 service area shall do the following:
  9  5    a.  Convert each telephone to permit a caller to dial 911
  9  6 without first inserting a coin or paying any other charge.
  9  7    b.  Prominently display on each pay telephone a notice
  9  8 advising callers to dial 911 in an emergency and that deposit
  9  9 of a coin is not required.
  9 10    2.  CERTAIN PAY PHONES PROHIBITED WITHIN SERVICE AREA.
  9 11 After commencement of enhanced 911 service in In an enhanced
  9 12 911 service area, a person shall not install or offer for use
  9 13 within the enhanced 911 service area a pay station telephone
  9 14 or other fixed device unless the telephone or device is
  9 15 capable of accepting making a 911 call without prior insertion
  9 16 of a coin or payment of any other charge, and unless the
  9 17 telephone or device displays notice of free 911 service.
  9 18    Sec. 6.  Section 34A.6, subsection 1, unnumbered paragraph
  9 19 1, Code 2003, is amended to read as follows:
  9 20    Before a joint E911 service board may request imposition of
  9 21 the surcharge by the administrator program manager, the board
  9 22 shall submit the following question to voters, as provided in
  9 23 subsection 2, in the proposed E911 service area, and the
  9 24 question shall receive a favorable vote from a simple majority
  9 25 of persons submitting valid ballots on the following question
  9 26 within the proposed E911 service area:
  9 27    Sec. 7.  Section 34A.7, unnumbered paragraph 1, Code 2003,
  9 28 is amended to read as follows:
  9 29    When an E911 service plan is implemented, the costs of
  9 30 providing E911 service within an E911 service area are the
  9 31 responsibility of the joint E911 service board and the member
  9 32 political subdivisions.  Costs in excess of the amount raised
  9 33 by imposition of the E911 service surcharge provided for under
  9 34 subsection 1, shall be paid by the joint E911 service board
  9 35 from such revenue sources allocated among the member political
 10  1 subdivisions as determined by the joint E911 service board.
 10  2 Funding is not limited to the surcharge, and surcharge
 10  3 revenues may be supplemented by other permissible local and
 10  4 state revenue sources.  A joint 911 E911 service board shall
 10  5 not commit a political subdivision to appropriate property tax
 10  6 revenues to fund an E911 service plan without the consent of
 10  7 the political subdivision.  A joint 911 E911 service board may
 10  8 approve a 911 an E911 service plan, including a funding
 10  9 formula requiring appropriations by participating political
 10 10 subdivisions, subject to the approval of the funding formula
 10 11 by each political subdivision.  However, a political
 10 12 subdivision may agree in advance to appropriate property tax
 10 13 revenues or other moneys according to a formula or plan
 10 14 developed by an alternative chapter 28E entity.
 10 15    Sec. 8.  Section 34A.7, subsections 1, 2, 3, and 4, Code
 10 16 2003, are amended to read as follows:
 10 17    1.  LOCAL WIRE-LINE E911 SERVICE SURCHARGE IMPOSITION.
 10 18    a.  To encourage local implementation of E911 service, one
 10 19 source of funding for E911 emergency telephone communication
 10 20 systems shall come from a surcharge per month, per access line
 10 21 on each access line subscriber, except as provided in
 10 22 subsection 5, equal to the lowest amount of the following:
 10 23    (1)  One dollar.
 10 24    (2)  An amount less than one dollar, which would fully pay
 10 25 both recurring and nonrecurring costs of the E911 service
 10 26 system within five years from the date the maximum surcharge
 10 27 is imposed.
 10 28    (3)  The maximum monetary limitation approved by
 10 29 referendum.
 10 30    b.  The surcharge shall be imposed by order of the
 10 31 administrator program manager as follows:
 10 32    (1)  The administrator program manager shall notify a local
 10 33 exchange service provider scheduled to provide exchange access
 10 34 line service to an E911 service area, that implementation of
 10 35 an E911 service plan has been approved by the joint 911 E911
 11  1 service board and by the service area referendum, and that
 11  2 collection of the surcharge is to begin within one hundred
 11  3 days.
 11  4    (2)  The notice shall be provided at least one hundred days
 11  5 before the surcharge must be billed for the first time program
 11  6 manager shall also provide notice to all affected public
 11  7 safety answering points.
 11  8    c.  The surcharge shall terminate at the end of twenty-four
 11  9 months, unless either, or both, of the following conditions is
 11 10 met:
 11 11    (1)  E911 service is initiated for all or a part of the
 11 12 E911 service area.
 11 13    (2)  An extension is granted by the administrator for good
 11 14 cause.
 11 15    d.  The surcharge shall terminate at the end of twenty-four
 11 16 months if the joint E911 service plan has not been approved by
 11 17 the administrator within eighteen months of the original
 11 18 notice to the provider to impose the surcharge, and shall not
 11 19 be reimposed until a service plan is approved by the
 11 20 administrator and the administrator gives providers notice as
 11 21 required by paragraph "a", subparagraphs (1) and (2).
 11 22    2.  SURCHARGE COLLECTED BY LOCAL EXCHANGE SERVICE
 11 23 PROVIDERS.
 11 24    a.  The surcharge shall be collected as part of the access
 11 25 line service provider's periodic billing to a subscriber.  In
 11 26 compensation for the costs of billing and collection, the
 11 27 local exchange service provider may retain one percent of the
 11 28 gross surcharges collected.  If the compensation is
 11 29 insufficient to fully recover a local exchange service
 11 30 provider's costs for billing and collection of the surcharge,
 11 31 the deficiency shall be included in the local exchange service
 11 32 provider's costs for ratemaking purposes to the extent it is
 11 33 reasonable and just under section 476.6.  The surcharge shall
 11 34 be remitted to the E911 service operating authority for
 11 35 deposit into the E911 service fund quarterly by the local
 12  1 exchange service provider.  The total amount for multiple
 12  2 exchanges may be combined.
 12  3    b.  A local exchange service provider is not liable for an
 12  4 uncollected surcharge for which the local exchange service
 12  5 provider has billed a subscriber but not been paid.  The
 12  6 surcharge shall appear as a single line item on a subscriber's
 12  7 periodic billing entitled, "E911 emergency telephone service
 12  8 surcharge".  The E911 service surcharge is not subject to
 12  9 sales or use tax.
 12 10    c.  The joint E911 service board may request, not more than
 12 11 once each quarter, the following information from the local
 12 12 exchange service provider:
 12 13    (1)  The identity of the exchange from which the surcharge
 12 14 is collected.
 12 15    (2)  The number of lines to which the surcharge was applied
 12 16 for the quarter.
 12 17    (3)  The number of refusals to pay per exchange if
 12 18 applicable.
 12 19    (4)  Write-offs applied per exchange if applicable.
 12 20    (5)  The number of lines exempt per exchange.
 12 21    (6)  The amount retained by the local exchange service
 12 22 provider generated from the one percent administration fee.
 12 23    d.  Access line counts and surcharge remittances are
 12 24 confidential public records as provided in section 34A.8.
 12 25    3.  MAXIMUM LIMIT PER SUBSCRIBER BILLING FOR SURCHARGE.  An
 12 26 individual subscriber shall not be required to pay on a single
 12 27 periodic billing the surcharge on more than one hundred access
 12 28 lines, or their equivalent, in an E911 service area.  A
 12 29 subscriber shall pay the surcharge in each E911 service area
 12 30 in which the subscriber receives access line service.
 12 31    4.  E911 SERVICE FUND.  Each joint E911 service board shall
 12 32 establish and maintain as a separate account an E911 service
 12 33 fund.  Any funds remaining in the account at the end of each
 12 34 fiscal year shall not revert to the general funds of the
 12 35 member political subdivisions, except as provided in
 13  1 subsection 5, but shall remain in the E911 service fund.
 13  2 Moneys in an E911 service fund may only be used for
 13  3 nonrecurring and recurring costs of the E911 service plan as
 13  4 approved by the administrator program manager, as those terms
 13  5 are defined by section 34A.2.
 13  6    Sec. 9.  Section 34A.7, subsection 5, paragraph b,
 13  7 subparagraphs (2) and (3), Code 2003, are amended to read as
 13  8 follows:
 13  9    (2)  If money remains in the fund after fully paying for
 13 10 recurring costs incurred in the preceding year, the remainder
 13 11 may be spent to pay for nonrecurring costs, not to exceed
 13 12 actual nonrecurring costs as approved by the administrator
 13 13 program manager.
 13 14    (3)  If money remains in the fund after fully paying
 13 15 obligations under subparagraphs (1) and (2), the remainder may
 13 16 be accumulated in the fund as a carryover operating surplus.
 13 17 If the surplus is greater than twenty-five percent of the
 13 18 approved annual operating budget for the next year, the
 13 19 administrator program manager shall reduce the surcharge by an
 13 20 amount calculated to result in a surplus of no more than
 13 21 twenty-five percent of the planned annual operating budget.
 13 22 After nonrecurring costs have been paid, if the surcharge is
 13 23 less than the maximum allowed and the fund surplus is less
 13 24 than twenty-five percent of the approved annual operating
 13 25 budget, the administrator program manager shall, upon
 13 26 application of the joint E911 service board, increase the
 13 27 surcharge in an amount calculated to result in a surplus of
 13 28 twenty-five percent of the approved annual operating budget.
 13 29 The surcharge may only be adjusted once in a single year, upon
 13 30 one hundred days' prior notice to the provider.
 13 31    Sec. 10.  Section 34A.7A, subsection 1, paragraph b, Code
 13 32 2003, is amended to read as follows:
 13 33    b.  The administrator program manager shall provide no less
 13 34 than one hundred days' notice of the surcharge to be imposed
 13 35 to each wireless communications service provider.  The
 14  1 administrator program manager, subject to the fifty cent limit
 14  2 in paragraph "a", may adjust the amount of the surcharge as
 14  3 necessary, but no more than once in any calendar year.
 14  4    Sec. 11.  Section 34A.7A, subsection 1, paragraph c, Code
 14  5 2003, is amended to read as follows:
 14  6    c.  (1)  The surcharge shall be collected as part of the
 14  7 wireless communications service provider's periodic billing to
 14  8 a subscriber.  The surcharge shall appear as a single line
 14  9 item on a subscriber's periodic billing indicating that the
 14 10 surcharge is for E911 emergency telephone service.  In the
 14 11 case of prepaid wireless telephone service, this surcharge
 14 12 shall be remitted based upon the address associated with the
 14 13 point of purchase, the customer billing address, or the
 14 14 location associated with the mobile telephone number for each
 14 15 active prepaid wireless telephone that has a sufficient
 14 16 positive balance as of the last days of the information, if
 14 17 that information is available.  The wireless E911 service
 14 18 surcharge is not subject to sales or use tax.
 14 19    (2)  In compensation for the costs of billing and
 14 20 collection, the wireless communications service provider may
 14 21 retain one percent of the gross surcharges collected.
 14 22    (3)  The surcharges shall be remitted quarterly by the
 14 23 wireless communications service provider to the administrator
 14 24 program manager for deposit into the fund established in
 14 25 subsection 2.
 14 26    (4)  A wireless communications service provider is not
 14 27 liable for an uncollected surcharge for which the wireless
 14 28 communications service provider has billed a subscriber but
 14 29 which has not been paid.  The surcharge shall appear as a
 14 30 single line item on a subscriber's periodic billing indicating
 14 31 that the surcharge is for E911 emergency telephone service.
 14 32 The E911 service surcharge is not subject to sales or use tax.
 14 33    Sec. 12.  Section 34A.7A, subsection 2, Code 2003, is
 14 34 amended to read as follows:
 14 35    2.  Moneys collected pursuant to subsection 1 shall be
 15  1 deposited in a separate wireless E911 emergency communications
 15  2 fund within the state treasury under the control of the
 15  3 administrator program manager.  Section 8.33 shall not apply
 15  4 to moneys in the fund.  Moneys earned as income, including as
 15  5 interest, from the fund shall remain in the fund until
 15  6 expended as provided in this section.  Moneys in the fund
 15  7 shall be expended and distributed annually as follows in the
 15  8 following priority order:
 15  9    a.  An amount as appropriated by the general assembly to
 15 10 the administrator shall be allocated to the administrator and
 15 11 program manager for implementation, support, and maintenance
 15 12 of the functions of the administrator and program manager and
 15 13 to employ the auditor of state to perform an annual audit of
 15 14 the wireless E911 emergency communications fund.
 15 15    b.  The program manager shall allocate an amount up to two
 15 16 hundred thirty thousand dollars per calendar quarter to
 15 17 wireless carriers to recover their costs to deliver E911 phase
 15 18 1 services.  If the allocation in this paragraph is
 15 19 insufficient to reimburse all wireless carriers for such
 15 20 carriers' eligible expenses, the program manager shall
 15 21 allocate a prorated amount to each wireless carrier equal to
 15 22 the percentage of such carrier's eligible expenses as compared
 15 23 to the total of all eligible expenses for all wireless
 15 24 carriers for the calendar quarter during which such expenses
 15 25 were submitted.  When prorated expenses are paid, the
 15 26 remaining unpaid expenses shall no longer be eligible for
 15 27 payment under this paragraph.
 15 28    c.  The program manager shall reimburse wire-line carriers
 15 29 on a calendar quarter basis for carriers' eligible expenses
 15 30 for transport costs between the selective router and the
 15 31 public safety answering points related to the delivery of
 15 32 wireless E911 phase 1 services.
 15 33    b. d. (1)  The administrator shall retain funds necessary
 15 34 to reimburse wireless carriers for their costs to deliver E911
 15 35 services.  The administrator shall assure that wireless
 16  1 carriers recover all eligible costs associated with the
 16  2 implementation and operation of E911 services, including but
 16  3 not limited to hardware, software, and transport costs.  The
 16  4 administrator shall adopt rules defining eligible costs which
 16  5 are consistent with federal law, regulations, and any order of
 16  6 a federal agency program manager shall reimburse wire-line
 16  7 carriers and third-party E911 automatic location information
 16  8 database providers on a calendar quarterly basis for the costs
 16  9 of maintaining and upgrading the E911 components and
 16 10 functionalities beyond the input to the E911 selective router,
 16 11 including the E911 selective router and the automatic location
 16 12 information database.
 16 13    (2)  The administrator shall provide for the reimbursement
 16 14 of wireless carriers on a quarterly basis.  If the total
 16 15 amount of moneys available in the fund for the reimbursement
 16 16 of wireless carriers pursuant to subparagraph (1) is
 16 17 insufficient to reimburse all wireless carriers for such
 16 18 carriers' eligible expenses, the administrator shall remit an
 16 19 amount to each wireless carrier equal to the percentage of
 16 20 such carrier's eligible expenses as compared to the total of
 16 21 all eligible expenses for all wireless carriers for the
 16 22 calendar quarter during which such expenses were submitted.
 16 23    e.  The program manager shall apply an amount up to five
 16 24 hundred thousand dollars per calendar quarter to any
 16 25 outstanding wireless E911 phase 1 obligations incurred
 16 26 pursuant to this chapter prior to July 1, 2004.
 16 27    f.  (1)  The program manager shall allocate all remaining
 16 28 moneys in the fund per calendar quarter equally to the joint
 16 29 E911 service boards and the department of public safety that
 16 30 have submitted an annual written request to the program
 16 31 manager in a form approved by the program manager by May 15 of
 16 32 each year.  The amount allocated under this paragraph shall be
 16 33 allocated as follows:
 16 34    (a)  Sixty-five percent of the total dollars available for
 16 35 allocation shall be allocated in proportion to the square
 17  1 miles of the service area to the total square miles in this
 17  2 state.
 17  3    (b)  Thirty-five percent of the total dollars available for
 17  4 allocation shall be allocated in proportion to the wireless
 17  5 E911 calls taken at the public safety answering point in the
 17  6 service area to the total number of wireless E911 calls
 17  7 originating in this state.
 17  8    (c)  Notwithstanding subparagraph subdivisions (a) and (b),
 17  9 the minimum amount allocated to each joint E911 service board
 17 10 and to the department of public safety shall be no less than
 17 11 one thousand dollars for each public safety answering point
 17 12 within the service area of the department of public safety or
 17 13 joint E911 service board.
 17 14    (2)  The funds allocated in this paragraph "f" shall be
 17 15 used for communication equipment located inside the public
 17 16 safety answering points for the implementation and maintenance
 17 17 of wireless E911 phase 2.  The joint E911 service boards and
 17 18 the department of public safety shall provide an estimate of
 17 19 phase 2 implementation costs to the program manager by January
 17 20 1, 2005.
 17 21    c. (1)  The remainder of the surcharge collected shall be
 17 22 remitted to the administrator for distribution to the joint
 17 23 E911 service boards and the department of public safety
 17 24 pursuant to subparagraph (2) to be used for the implementation
 17 25 of enhanced wireless communications capabilities.
 17 26    g.  If moneys remain in the fund after fully paying all
 17 27 obligations under paragraphs "a" through "f", the remainder
 17 28 may be accumulated in the fund as a carryover operating
 17 29 surplus.  This surplus shall be allocated to wireless carriers
 17 30 to recover their costs to deliver E911 phase 1 services, if
 17 31 those costs are not otherwise recovered by wireless carriers
 17 32 through customer billing or other sources.  Notwithstanding
 17 33 section 8.33, any moneys remaining in the fund at the end of
 17 34 each fiscal year shall not revert to the general fund of the
 17 35 state but shall remain available for the purposes of the fund.
 18  1    (2)  h.  The administrator, in consultation with the
 18  2 program manager and the E911 communications council, shall
 18  3 adopt rules pursuant to chapter 17A governing the distribution
 18  4 of the surcharge collected and distributed pursuant to this
 18  5 lettered paragraph subsection.  The rules shall include
 18  6 provisions that all joint E911 service boards and the
 18  7 department of public safety which answer or service wireless
 18  8 E911 calls are eligible to receive an equitable portion of the
 18  9 receipts.
 18 10    A joint E911 service board or the department of public
 18 11 safety, to receive funds from the wireless E911 emergency
 18 12 communications fund, must submit a written request for such
 18 13 funds to the administrator in a form as approved by the
 18 14 administrator.  A request shall be for funding under an
 18 15 approved E911 service plan for equipment which is directly
 18 16 related to the reception and disposition of incoming wireless
 18 17 E911 calls.  The administrator may approve the distribution of
 18 18 funds pursuant to such request if the administrator finds that
 18 19 the requested funding is for equipment necessary for the
 18 20 reception and disposition of such calls and that sufficient
 18 21 funds are available for such distribution.
 18 22    If insufficient funds are available to fund all requests,
 18 23 the administrator shall fund requests in an order deemed
 18 24 appropriate by the administrator after considering factors
 18 25 including, but not limited to, all of the following:
 18 26    (a)  Documented volume of wireless E911 calls received by
 18 27 each public safety answering point.
 18 28    (b)  The population served by each public safety answering
 18 29 point.
 18 30    (c)  The number of wireless telephones in the public safety
 18 31 answering point jurisdiction.
 18 32    (d)  The public safety of the citizens of this state.
 18 33    (e)  Any other factor deemed appropriate by the
 18 34 administrator, in consultation with the E911 communications
 18 35 council, and adopted by rule.
 19  1    (3)  2A.  a.  The administrator program manager shall
 19  2 submit an annual report by January 15 of each year to the
 19  3 legislative government oversight committee advising the
 19  4 general assembly of the status of E911 implementation and
 19  5 operations, including both land-line wire-line and wireless
 19  6 services, and the distribution of surcharge receipts, and an
 19  7 accounting of the revenues and expenses of the E911 program.
 19  8    b.  The program manager shall submit a calendar quarter
 19  9 report of the revenues and expenses of the E911 program to the
 19 10 fiscal services division of the legislative services agency.
 19 11    c.  The legislative government oversight committee shall
 19 12 review the priorities of distribution of funds under this
 19 13 chapter at least every two years.
 19 14    Sec. 13.  Section 34A.7A, subsection 3, Code 2003, is
 19 15 amended to read as follows:
 19 16    3.  The amount collected from a wireless service provider
 19 17 and deposited in the fund, pursuant to section 22.7,
 19 18 subsection 6, information provided by a wireless service
 19 19 provider to the administrator program manager consisting of
 19 20 trade secrets, pursuant to section 22.7, subsection 3, and
 19 21 other financial or commercial operations information provided
 19 22 by a wireless service provider to the administrator program
 19 23 manager, shall be kept confidential as provided under section
 19 24 22.7.  This subsection does not prohibit the inclusion of
 19 25 information in any report providing aggregate amounts and
 19 26 information which does not identify numbers of accounts or
 19 27 customers, revenues, or expenses attributable to an individual
 19 28 wireless communications service provider.
 19 29    Sec. 14.  Section 34A.8, subsection 2, unnumbered paragraph
 19 30 2, Code 2003, is amended to read as follows:
 19 31    The program manager, joint E911 service board, the
 19 32 designated E911 service provider, and the public safety
 19 33 answering point, their agents, employees, and assigns shall
 19 34 use local exchange service information provided by the local
 19 35 exchange service provider solely for the purposes of providing
 20  1 E911 emergency telephone service, and it shall otherwise be
 20  2 kept confidential.  A person who violates this section is
 20  3 guilty of a simple misdemeanor.
 20  4    Sec. 15.  Section 34A.9, Code 2003, is amended to read as
 20  5 follows:
 20  6    34A.9  TELECOMMUNICATIONS DEVICES FOR THE DEAF SPEECH AND
 20  7 HEARING-IMPAIRED.
 20  8    By January 1, 1990, each county Each public safety
 20  9 answering point shall provide for the installation and use of
 20 10 at least one telecommunications device devices for the deaf at
 20 11 a public safety answering point speech and hearing-impaired.
 20 12    Sec. 16.  NEW SECTION.  34A.10  E911 SELECTIVE ROUTER.
 20 13    On and after July 1, 2004, only the program manager shall
 20 14 approve access to the E911 selective router.
 20 15    Sec. 17.  Section 34A.15, Code 2003, is amended by adding
 20 16 the following new subsection:
 20 17    NEW SUBSECTION.  1A.  The auditor of state or the auditor
 20 18 of state's designee shall serve as an ex officio nonvoting
 20 19 member.
 20 20    Sec. 18.  Section 34A.15, subsection 2, Code 2003, is
 20 21 amended to read as follows:
 20 22    2.  The council shall advise and make recommendations to
 20 23 the administrator and program manager regarding the
 20 24 implementation of this chapter.  Such advice and
 20 25 recommendations shall be provided on issues at the request of
 20 26 the administrator or program manager or as deemed necessary by
 20 27 the council.
 20 28    Sec. 19.  Section 16.161, unnumbered paragraph 1, Code
 20 29 2003, is amended to read as follows:
 20 30    The authority shall assist the administrator program
 20 31 manager, appointed pursuant to section 34A.2A, as provided in
 20 32 chapter 34A, subchapter II, and the authority shall have all
 20 33 of the powers delegated to it by a joint E911 service board or
 20 34 the department of public defense in a chapter 28E agreement
 20 35 with respect to the issuance and securing of bonds or notes
 21  1 and the carrying out of the purposes of chapter 34A.
 21  2    Sec. 20.  APPLICABILITY DATE.  Section 34A.7A, subsection
 21  3 2, paragraph "b", as enacted by this Act, shall not be
 21  4 applicable until the outstanding wireless E911 phase 1
 21  5 obligation incurred pursuant to chapter 34A prior to July 1,
 21  6 2004, as referred to in section 34A.7A, subsection 2,
 21  7 paragraph "e", is retired.  The fiscal services division of
 21  8 the legislative services agency shall notify the Code editor
 21  9 when the outstanding obligation has been retired.  
 21 10 HF 2434
 21 11 kk/es/25
     
Text: HF02433                           Text: HF02435
Text: HF02400 - HF02499                 Text: HF Index
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