Text: HSB00245                          Text: HSB00247
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 246

Bill Text

PAG LIN
  1  1    Section 1.  Section 29C.8, subsection 3, Code 2003, is
  1  2 amended by adding the following new paragraphs:
  1  3    NEW PARAGRAPH.  f.  (1)  Approve and support the
  1  4 development and ongoing operations of an urban search and
  1  5 rescue team to be deployed as a resource to supplement and
  1  6 enhance emergency and disaster operations.
  1  7    (2)  A member of an urban search and rescue team acting
  1  8 under the authority of the administrator or pursuant to a
  1  9 governor's disaster proclamation as provided in section 29C.6
  1 10 shall be considered an employee of the state under chapter 669
  1 11 and shall be afforded protection as an employee of the state
  1 12 under section 669.21.  Disability, workers' compensation, and
  1 13 death benefits for team members working under the authority of
  1 14 the administrator or pursuant to the provisions of section
  1 15 29C.6 shall be paid by the state in a manner consistent with
  1 16 the provisions of chapter 85, 410, or 411 as appropriate,
  1 17 depending on the status of the member.
  1 18    NEW PARAGRAPH.  g.  Develop, implement, and support a
  1 19 uniform incident command system to be used by state agencies
  1 20 to facilitate efficient and effective assistance to those
  1 21 affected by emergencies and disasters.  This system shall be
  1 22 consistent with the requirements of the United States
  1 23 occupational safety and health administration and a national
  1 24 incident management system.
  1 25    Sec. 2.  Section 29C.20, subsection 1, Code 2003, is
  1 26 amended to read as follows:
  1 27    1.  a.  A contingent fund is created in the state treasury
  1 28 for the use of the executive council which may be expended for
  1 29 the purpose of paying following purposes:
  1 30    (1)  Paying the expenses of suppressing an insurrection or
  1 31 riot, actual or threatened, when state aid has been rendered
  1 32 by order of the governor, and for repairing,.
  1 33    (2)  Repairing, rebuilding, or restoring state property
  1 34 injured, destroyed, or lost by fire, storm, theft, or
  1 35 unavoidable cause, and for repairing,.
  2  1    (3)  Repairing, rebuilding, or restoring state property
  2  2 which that is fiberoptic cable and which that is injured or
  2  3 destroyed by a wild animal, and for aid to.
  2  4    (4)  Paying the expenses incurred by and claims of an urban
  2  5 search and rescue team when acting under the authority of the
  2  6 administrator and the provisions of section 29C.6.
  2  7    (5)  (a)  Aiding any governmental subdivision in an area
  2  8 declared by the governor to be a disaster area due to natural
  2  9 disasters or to expenditures necessitated by the governmental
  2 10 subdivision toward averting or lessening the impact of the
  2 11 potential disaster, where the effect of the disaster or action
  2 12 on the governmental subdivision is the immediate financial
  2 13 inability to meet the continuing requirements of local
  2 14 government.
  2 15    (b)  Upon application by a governmental subdivision in such
  2 16 an area, accompanied by a showing of obligations and
  2 17 expenditures necessitated by an actual or potential disaster
  2 18 in a form and with further information the executive council
  2 19 requires, the aid may be made in the discretion of the
  2 20 executive council and, if made, shall be in the nature of a
  2 21 loan up to a limit of seventy-five percent of the showing of
  2 22 obligations and expenditures.  The loan, without interest,
  2 23 shall be repaid by the maximum annual emergency levy
  2 24 authorized by section 24.6, or by the appropriate levy
  2 25 authorized for a governmental subdivision not covered by
  2 26 section 24.6.  The aggregate total of loans shall not exceed
  2 27 one million dollars during a fiscal year.  A loan shall not be
  2 28 for an obligation or expenditure occurring more than two years
  2 29 previous to the application.
  2 30    b.  When a state department or agency requests that moneys
  2 31 from the contingent fund be expended to repair, rebuild, or
  2 32 restore state property injured, destroyed, or lost by fire,
  2 33 storm, theft, or unavoidable cause, or to repair, rebuild, or
  2 34 restore state property which that is fiberoptic cable and
  2 35 which that is injured or destroyed by a wild animal, or for
  3  1 payment of the expenses incurred by and claims of an urban
  3  2 search and rescue team when acting under the authority of the
  3  3 administrator and the provisions of section 29.6, the
  3  4 executive council shall consider the original source of the
  3  5 funds for acquisition of the property before authorizing the
  3  6 expenditure.  If the original source was other than the
  3  7 general fund of the state, the department or agency shall be
  3  8 directed to utilize moneys from the original source if
  3  9 possible.  The executive council shall not authorize the
  3 10 repairing, rebuilding, or restoring of the property from the
  3 11 disaster aid contingent fund if it determines that moneys from
  3 12 the original source are available to finance the project.
  3 13    Sec. 3.  Section 34A.1, Code 2003, is amended to read as
  3 14 follows:
  3 15    34A.1  PURPOSE.
  3 16    The legislature finds that enhanced 911 emergency telephone
  3 17 communication systems, and other emergency 911 notification
  3 18 devices, further the public interest and protect the health,
  3 19 safety, and welfare of the people of Iowa.  The purpose of
  3 20 this chapter is to enable the orderly development,
  3 21 installation, and operation of enhanced 911 emergency
  3 22 telephone communication systems, and other emergency 911
  3 23 notification devices statewide.  These systems are to be
  3 24 operated under governmental management and control for the
  3 25 public benefit.
  3 26    Sec. 4.  Section 34A.2, Code 2003, is amended to read as
  3 27 follows:
  3 28    34A.2  DEFINITIONS.
  3 29    As used in this chapter, unless the context otherwise
  3 30 requires:
  3 31    1.  "Access line" means a local an exchange access line
  3 32 that has the ability to access local dial tone and reach a
  3 33 local public safety agency answering point.
  3 34    2.  "Administrator" means the E911 administrator appointed
  3 35 pursuant to section 34A.2A of the emergency management
  4  1 division of the department of public defense.
  4  2    3.  "Automatic announcing and dialing device" is a device
  4  3 or system of devices used, either alone or in conjunction with
  4  4 other equipment, for the purpose of automatically selecting or
  4  5 dialing telephone numbers, for disseminating prerecorded
  4  6 messages to the numbers selected or dialed without the use of
  4  7 a live operator.
  4  8    4.  "Competitive local exchange carrier" or "CLEC" means a
  4  9 telecommunications company, certified by a state utilities
  4 10 commission, that provides local exchange service within a
  4 11 local exchange certified by the Iowa utilities board.
  4 12    5.  "Emergency 911 notification device" means a product
  4 13 capable of accessing a public safety answering point through
  4 14 the 911 system.
  4 15    3. 6.  "Enhanced 911" or "E911" means a service which that
  4 16 provides the user of a public telephone system communications
  4 17 service with the ability to reach a public safety answering
  4 18 point by dialing the digits 911, and which that has the
  4 19 following additional features:
  4 20    a.  Routes an incoming 911 call to the appropriate public
  4 21 safety answering point selected from the public safety
  4 22 answering points operating in a 911 service area.
  4 23    b.  Automatically provides voice, displays the name,
  4 24 location or address, and telephone number of an incoming 911
  4 25 call and public safety agency servicing the address on a video
  4 26 monitor at the appropriate public safety answering point
  4 27 location.
  4 28    4. 7.  "Enhanced 911 service area" means the geographic
  4 29 area to be serviced, or currently serviced under an enhanced
  4 30 911 service plan, provided that an enhanced 911 service area
  4 31 must at minimum encompass one entire county.  The enhanced 911
  4 32 service area may encompass more than one county, and need not
  4 33 be restricted to county boundaries.
  4 34    5. 8.  "Enhanced 911 service plan" means a plan that
  4 35 includes the following information:
  5  1    a.  A description of the enhanced 911 service area.
  5  2    b.  A list of all public and private safety agencies within
  5  3 the enhanced 911 service area.
  5  4    c.  The number of public safety answering points within the
  5  5 enhanced 911 service area.
  5  6    d.  Identification of the agency responsible for management
  5  7 and supervision of the enhanced 911 emergency telephone
  5  8 communication system.
  5  9    e.  A statement of estimated costs to be incurred by the
  5 10 joint E911 service board or the department of public safety,
  5 11 including separate estimates of the following:
  5 12    (1)  Nonrecurring costs, including, but not limited to,
  5 13 public safety answering points, network equipment, software,
  5 14 database, addressing, initial training, and other capital and
  5 15 start-up expenditures, including the purchase or lease of
  5 16 subscriber names, addresses, and telephone information from
  5 17 the local exchange service provider.
  5 18    (2)  Recurring costs, including, but not limited to,
  5 19 network access fees and other telephone charges, software,
  5 20 equipment, and database management, and maintenance, including
  5 21 the purchase or lease of subscriber names, addresses, and
  5 22 telephone information from the local exchange service
  5 23 provider.  Recurring costs shall not include personnel costs
  5 24 for a public safety answering point.
  5 25    Funds deposited in an E911 service fund shall be are
  5 26 appropriated and shall be used for the payment of costs which
  5 27 that are limited to nonrecurring and recurring costs directly
  5 28 attributable to the provision of 911 emergency telephone
  5 29 communication service and may include costs for portable and
  5 30 vehicle radios, communication towers and associated equipment,
  5 31 and other radios and associated equipment permanently located
  5 32 at the public safety answering point and as directed by either
  5 33 the local enhanced 911 service board or the department of
  5 34 public safety as appropriate.  Costs do not include
  5 35 expenditures for any other purpose, and specifically exclude
  6  1 costs attributable to other emergency services or expenditures
  6  2 for buildings or personnel, except for the costs of personnel
  6  3 for database management and personnel directly associated with
  6  4 addressing.
  6  5    f.  Current equipment operated by affected local exchange
  6  6 service providers, and central office equipment and technology
  6  7 upgrades necessary for the provider to implement enhanced 911
  6  8 service within the enhanced 911 service area on or before July
  6  9 1, 1992.
  6 10    g.  A schedule for implementation of the plan throughout
  6 11 the E911 service area.  The schedule may provide for phased
  6 12 implementation.  However, a joint 911 service board may decide
  6 13 not to implement E911 service.
  6 14    h.  The number of telephone access lines capable of access
  6 15 to 911 in the enhanced 911 service area.
  6 16    i.  The total property valuation in the enhanced 911
  6 17 service area.
  6 18    6. 9.  "Enhanced 911 service surcharge" is a charge set by
  6 19 the E911 service area operating authority and assessed on each
  6 20 telephone access line which physically terminates within the
  6 21 E911 service area.
  6 22    10.  "Incumbent local exchange carrier" means a carrier
  6 23 that is, with respect to an area, the local exchange carrier
  6 24 that meets both of the following criteria:
  6 25    a.  On February 8, 1996, provided telephone exchange
  6 26 service in the area.
  6 27    b.  A carrier that meets one of the following criteria:
  6 28    (1)  On February 8, 1996, was deemed to be a member of the
  6 29 national exchange carrier association pursuant to 47 C.F.R.
  6 30 69.601(b).
  6 31    (2)  Is a person that, on or after February 8, 1996, became
  6 32 a successor or assign of a member described in subparagraph
  6 33 (1).
  6 34    7. 11.  "Local exchange service provider" means a person
  6 35 vendor engaged in providing telecommunications service between
  7  1 points within an exchange.
  7  2    12.  "Local number portability" means the ability of users
  7  3 of telecommunications services to retain existing
  7  4 telecommunications numbers without impairment of quality,
  7  5 reliability, or convenience when moving from one provider to
  7  6 another.
  7  7    13.  "Program manager" means the E911 program manager
  7  8 appointed pursuant to section 34A.2A.
  7  9    8. 14.  "Provider" means a person vendor who provides, or
  7 10 offers to provide, E911 equipment, installation, maintenance,
  7 11 or exchange access services within the enhanced 911 service
  7 12 area.
  7 13    9. 15.  "Public or private safety agency" means a unit of
  7 14 state or local government, a special purpose district, or a
  7 15 private firm which provides or has the authority to provide
  7 16 fire fighting, police, ambulance, or emergency medical
  7 17 services, or hazardous materials response.
  7 18    10. 16.  "Public safety answering point" or "PSAP" means a
  7 19 twenty-four hour local jurisdiction public safety
  7 20 communications facility which that receives enhanced 911
  7 21 service calls and directly dispatches emergency response
  7 22 services or relays calls to the appropriate public or private
  7 23 safety agency.
  7 24    17.  "Reseller" means a telecommunications company that
  7 25 resells local telephone services to both residential and
  7 26 business customers, where most of these customers have
  7 27 interconnection agreements with the telephone company that
  7 28 allow them a wholesale discount on services they purchase from
  7 29 the telephone company to resell to their end user.
  7 30    18.  "Wireless E911 phase 1" means a 911 call made from a
  7 31 wireless device in which the wireless service provider
  7 32 delivers the call back number and address or the tower that
  7 33 received the call to the appropriate public safety answering
  7 34 point.
  7 35    19.  "Wireless E911 phase 2" means a 911 call made from a
  8  1 wireless device in which the wireless service provider
  8  2 delivers the call back number and the latitude and longitude
  8  3 coordinates of the phone to the appropriate public safety
  8  4 answering point.
  8  5    Sec. 5.  Section 34A.2A, Code 2003, is amended to read as
  8  6 follows:
  8  7    34A.2A  ADMINISTRATOR – APPOINTMENT – DUTIES.
  8  8    1.  The administrator of the division of emergency
  8  9 management of the department of public defense shall appoint
  8 10 an E911 administrator program manager to administer this
  8 11 chapter.
  8 12    2.  The E911 administrator program manager shall act under
  8 13 the supervisory control of the administrator of the division
  8 14 of emergency management of the department of public defense,
  8 15 and in consultation with the E911 communications council, and
  8 16 perform the duties specifically set forth in this chapter, as
  8 17 well as those assigned by the administrator of the emergency
  8 18 management division of the department of public defense.
  8 19    Sec. 6.  Section 34A.3, subsections 1, 2, and 4, Code 2003,
  8 20 are amended to read as follows:
  8 21    1.  JOINT 911 SERVICE BOARDS TO SUBMIT PLANS.
  8 22    a.  The board of supervisors of each county shall establish
  8 23 maintain a joint 911 service board not later than January 1,
  8 24 1989.
  8 25    (1)  Each political subdivision of the state having a
  8 26 public safety agency serving territory within the county is
  8 27 entitled to voting membership on the joint 911 service board.
  8 28 Each private safety agency operating within the area is
  8 29 entitled to nonvoting membership on the board.
  8 30    (2)  A township which that does not operate its own public
  8 31 safety agency, but contracts for the provision of public
  8 32 safety services, is not entitled to membership on the joint
  8 33 911 service board, but its contractor is entitled to
  8 34 membership according to the contractor's status as a public or
  8 35 private safety agency.
  9  1    b.  The joint 911 service board shall develop maintain an
  9  2 enhanced 911 service plan encompassing at minimum the entire
  9  3 county, unless an exemption is granted by the administrator
  9  4 permitting a smaller E911 service area.
  9  5    (1)  The administrator may grant a discretionary exemption
  9  6 from the single county minimum service area requirement based
  9  7 upon an E911 joint service board's or other E911 service plan
  9  8 operating authority's presentation of evidence which supports
  9  9 the requested exemption if the administrator finds that local
  9 10 conditions make adherence to the minimum standard unreasonable
  9 11 or technically infeasible, and that the purposes of this
  9 12 chapter would be furthered by granting an exemption.  The
  9 13 minimum size requirement is intended to prevent unnecessary
  9 14 duplication of public safety answering points and minimize
  9 15 other administrative, personnel, and equipment expenses.  An
  9 16 E911 service area must encompass a geographically contiguous
  9 17 area.  No exemption shall be granted from the contiguous area
  9 18 requirement.
  9 19    (2)  The administrator may order the inclusion of a
  9 20 specific territory in an adjoining E911 service plan area to
  9 21 avoid the creation by exclusion of a territory smaller than a
  9 22 single county not serviced by surrounding E911 service plan
  9 23 areas upon request of the joint 911 service board representing
  9 24 the territory.
  9 25    c.  The E911 service plan operating authority shall submit
  9 26 the proposed changes to the plan on or before January 1, 1994,
  9 27 to all of the following:
  9 28    a. (1)  The administrator.
  9 29    b. (2)  Public and private safety agencies in the enhanced
  9 30 911 service area.
  9 31    c. (3)  Providers Local exchange service providers affected
  9 32 by the enhanced 911 service plan.
  9 33    An E911 joint service board that has a state-approved
  9 34 service plan in place prior to July 1, 1993, is exempt from
  9 35 the provisions of this section.  The administrator shall
 10  1 establish, by July 1, 1994, E911 service plans for those E911
 10  2 joint service boards which do not have a state-approved
 10  3 service plan in place on or before January 1, 1994.
 10  4    The administrator shall prepare a summary of the plans
 10  5 submitted and present the summary to the legislature on or
 10  6 before August 1, 1994.
 10  7    2.  COMPLIANCE WAIVERS AVAILABLE IN LIMITED CIRCUMSTANCES.
 10  8    a.  The administrator may extend, in whole or in part, the
 10  9 time for implementation of an enhanced 911 service plan beyond
 10 10 the scheduled plan of implementation, by issuance of the
 10 11 period for plan implementation by issuing a compliance waiver.
 10 12    b.  The compliance waiver shall be based upon a joint 911
 10 13 service board's presentation of evidence which supports an
 10 14 extension if the administrator finds that local conditions
 10 15 make implementation financially unreasonable or technically
 10 16 infeasible by the originally scheduled plan of implementation.
 10 17    c.  The compliance waiver shall be for a set period of
 10 18 time, and subject to review and renewal or denial of renewal
 10 19 upon its expiration.
 10 20    d.  The waiver may cover all or a portion of a 911 service
 10 21 plan's enhanced 911 service area to facilitate phased
 10 22 implementation when possible.
 10 23    e.  The granting of a compliance waiver does not create a
 10 24 presumption that the identical or similar waiver will be
 10 25 extended in the future.
 10 26    f.  Consideration of compliance waivers shall be on a case-
 10 27 by-case basis.
 10 28    4.  PARTICIPATION IN JOINT E911 SERVICE BOARD REQUIRED.  A
 10 29 political subdivision or state agency having a public safety
 10 30 agency within its territory or jurisdiction shall participate
 10 31 in a joint E911 service board and cooperate in preparing
 10 32 maintaining the E911 service plan.
 10 33    Sec. 7.  Section 34A.4, Code 2003, is amended to read as
 10 34 follows:
 10 35    34A.4  REQUIRED CONVERSION REQUIREMENTS OF PAY TELEPHONES
 11  1 AND OTHER TELECOMMUNICATIONS DEVICES TO ALLOW 911 CALLS
 11  2 WITHOUT DEPOSITING COINS OR OTHER CHARGE.
 11  3    1.  CONVERSION AND NOTICE REQUIRED.  When an enhanced 911
 11  4 service system becomes operational or as soon as feasible
 11  5 thereafter, each provider or other owner or lessee of a pay
 11  6 station telephone to be operated within the enhanced 911
 11  7 service area shall do the following:
 11  8    a.  Convert each telephone to permit a caller to dial 911
 11  9 without first inserting a coin or paying any other charge.
 11 10    b.  Prominently display on each pay telephone a notice
 11 11 advising callers to dial 911 in an emergency and that deposit
 11 12 of a coin is not required.
 11 13    2.  CERTAIN PAY PHONES PROHIBITED WITHIN SERVICE AREA.
 11 14 After commencement of enhanced 911 service in In an enhanced
 11 15 911 service area, a person shall not install or offer for use
 11 16 within the 911 service area a pay station telephone or other
 11 17 device unless the telephone device is capable of accepting
 11 18 making a 911 call without prior insertion of a coin or payment
 11 19 of any other charge, and unless the telephone displays notice
 11 20 of free 911 service.
 11 21    Sec. 8.  Section 34A.6, subsection 1, unnumbered paragraph
 11 22 3, Code 2003, is amended to read as follows:
 11 23    Enhanced 911 emergency telephone service shall be funded,
 11 24 in whole or in part, by a monthly surcharge of (an an amount
 11 25 determined by the local joint E911 service board of up to one
 11 26 dollar) on each telephone access line collected as part of
 11 27 each telephone subscriber's monthly phone bill if provided
 11 28 within (description of the proposed E911 service area).
 11 29    Sec. 9.  Section 34A.7, subsections 1, 2, and 3, Code 2003,
 11 30 are amended to read as follows:
 11 31    1.  LOCAL E911 SERVICE SURCHARGE IMPOSITION.
 11 32    a.  To encourage local implementation of E911 service, one
 11 33 source of funding for E911 emergency telephone communication
 11 34 systems shall come from a surcharge per month, per access line
 11 35 on each access line subscriber, except as provided in
 12  1 subsection 5 4, equal to the lowest amount of the following:
 12  2    (1)  One dollar.
 12  3    (2)  An amount less than one dollar, which would fully pay
 12  4 both recurring and nonrecurring costs of the E911 service
 12  5 system within five years from the date the maximum surcharge
 12  6 is imposed.
 12  7    (3)  The the maximum monetary limitation approved by
 12  8 referendum.
 12  9    b.  The surcharge shall be imposed by order of the
 12 10 administrator as follows:
 12 11    (1)  The administrator shall notify a local exchange
 12 12 service provider scheduled to provide exchange access line
 12 13 service to an E911 service area, that implementation of an
 12 14 E911 service plan has been approved by the joint 911 service
 12 15 board and by the service area referendum, and that collection
 12 16 of the surcharge is to begin within one hundred days.
 12 17    (2)  The notice shall be provided at least one hundred days
 12 18 before the surcharge must be billed for the first time
 12 19 administrator shall also provide notice to all affected public
 12 20 safety answering points.
 12 21    c.  The surcharge shall terminate at the end of twenty-four
 12 22 months, unless either, or both, of the following conditions is
 12 23 met:
 12 24    (1)  E911 service is initiated for all or a part of the
 12 25 E911 service area.
 12 26    (2)  An extension is granted by the administrator for good
 12 27 cause.
 12 28    d.  The surcharge shall terminate at the end of twenty-four
 12 29 months if the joint E911 service plan has not been approved by
 12 30 the administrator within eighteen months of the original
 12 31 notice to the provider to impose the surcharge, and shall not
 12 32 be reimposed until a service plan is approved by the
 12 33 administrator and the administrator gives providers notice as
 12 34 required by paragraph "a", subparagraphs (1) and (2).
 12 35    2.  SURCHARGE COLLECTED BY LOCAL EXCHANGE SERVICE
 13  1 PROVIDERS.
 13  2    a.  The surcharge shall be collected as part of the access
 13  3 line service provider's periodic billing to a subscriber.  In
 13  4 compensation for the costs of billing and collection, the
 13  5 local exchange service provider may retain one percent of the
 13  6 gross surcharges collected.  If the compensation is
 13  7 insufficient to fully recover a local exchange service
 13  8 provider's costs for billing and collection of the surcharge,
 13  9 the deficiency shall be included in the local exchange service
 13 10 provider's costs for ratemaking purposes to the extent it is
 13 11 reasonable and just under section 476.6.  The surcharge shall
 13 12 be remitted to the E911 service operating authority for
 13 13 deposit into the E911 service fund quarterly by the local
 13 14 exchange service provider.  The total amount for multiple
 13 15 exchanges may be combined.  Upon request, the E911 service
 13 16 board shall be entitled to a report from the local exchange
 13 17 service provider that includes the following:
 13 18    (1)  The exchange from which the surcharge is collected.
 13 19    (2)  The number of lines to which the surcharge was applied
 13 20 for the quarter.
 13 21    (3)  The number of refusals to pay per exchange if
 13 22 applicable.
 13 23    (4)  Write-offs applied per exchange if applicable.
 13 24    (5)  The number of lines exempt per exchange.
 13 25    (6)  The amount retained by the local exchange service
 13 26 provider generated from the one percent administration fee.
 13 27    A local exchange service provider is not liable for an
 13 28 uncollected surcharge for which the local exchange service
 13 29 provider has billed a subscriber but not been paid.  The
 13 30 surcharge shall appear as a single line item on a subscriber's
 13 31 periodic billing entitled, "E911 emergency telephone service
 13 32 surcharge".  The E911 service surcharge is not subject to
 13 33 sales or use tax.
 13 34    b.  Access line counts and surcharge remittances are
 13 35 confidential public records in accordance with section 22.7,
 14  1 subsection 6.  Only aggregated totals will be used in any data
 14  2 reports.
 14  3    3.  MAXIMUM LIMIT PER SUBSCRIBER BILLING FOR SURCHARGE.  An
 14  4 individual subscriber shall not be required to pay on a single
 14  5 periodic billing the surcharge on more than one hundred access
 14  6 lines, or their equivalent, in an E911 service area.  A
 14  7 subscriber shall pay the surcharge in each E911 service area
 14  8 in which the subscriber receives access line service.
 14  9    Sec. 10.  Section 34A.7, subsections 6 and 7, Code 2003,
 14 10 are amended by striking the subsections.
 14 11    Sec. 11.  Section 34A.7A, subsections 1 and 2, Code 2003,
 14 12 are amended to read as follows:
 14 13    1.  a.  (1)  Notwithstanding section 34A.6, the
 14 14 administrator shall adopt by rule a monthly surcharge of up to
 14 15 fifty cents one dollar to be imposed on each wireless
 14 16 communications service number provided in this state.
 14 17    (2)  The surcharge shall be imposed uniformly on a
 14 18 statewide basis and simultaneously on all wireless
 14 19 communications service numbers as provided by rule of the
 14 20 administrator.
 14 21    b.  (1)  The administrator shall provide no less than one
 14 22 hundred days' notice of the surcharge to be imposed to each
 14 23 wireless communications service provider.
 14 24    (2)  The administrator, subject to the fifty cent one
 14 25 dollar limit in paragraph "a", may adjust the amount of the
 14 26 surcharge as necessary, but no more than once in any calendar
 14 27 year.
 14 28    c.  (1)  The surcharge shall be collected as part of the
 14 29 wireless communications service provider's periodic billing to
 14 30 a subscriber.  The surcharge shall appear as a single line
 14 31 item on a subscriber's periodic billing indicating that the
 14 32 surcharge is for E911 emergency telephone service.  The E911
 14 33 service surcharge is not subject to sales or use tax.
 14 34    (2)  In compensation for the costs of billing and
 14 35 collection, the wireless communications service provider may
 15  1 retain one percent of the gross surcharges collected.
 15  2    (3)  The surcharges shall be remitted quarterly by the
 15  3 wireless communications service provider to the administrator
 15  4 for deposit into the fund established in subsection 2.
 15  5    (4)  A wireless communications service provider is not
 15  6 liable for an uncollected surcharge for which the wireless
 15  7 communications service provider has billed a subscriber but
 15  8 which has not been paid.  The surcharge shall appear as a
 15  9 single line item on a subscriber's periodic billing indicating
 15 10 that the surcharge is for E911 emergency telephone service.
 15 11 The E911 service surcharge is not subject to sales or use tax.
 15 12    2.  a.  Moneys collected pursuant to subsection 1 shall be
 15 13 deposited in a separate wireless E911 emergency communications
 15 14 fund within the state treasury under the control of the
 15 15 administrator.  Section 8.33 shall not apply to moneys in the
 15 16 fund.  Moneys earned as income, including as interest, from
 15 17 the fund shall remain in the fund until expended as provided
 15 18 in this section.
 15 19    b.  Moneys in the fund shall be expended and distributed
 15 20 annually as follows:
 15 21    a. (1)  An amount as appropriated by the general assembly
 15 22 to the administrator for implementation, support, and
 15 23 maintenance of the functions of the administrator.
 15 24    (2)  The administrator shall determine the total amount of
 15 25 surcharge collected for the quarter.  Twenty cents of each
 15 26 surcharge dollar collected shall be remitted to the joint E911
 15 27 service boards and the Iowa department of public safety, which
 15 28 have requested to be reimbursed, by adding the amounts
 15 29 together as calculated in subparagraph subdivisions (a) and
 15 30 (b) as follows:
 15 31    (a)  Sixty-five percent of total dollars available for
 15 32 remittance times the proportion of square miles of service
 15 33 area to the total square miles in Iowa.
 15 34    (b)  Thirty-five percent of total dollars available for
 15 35 remittance times the proportion of wireless E911 calls taken
 16  1 at the public service answering point in the service area to
 16  2 the statewide total number of wireless E911 calls.
 16  3    (3)  The department of public safety or a joint E911
 16  4 service board, in order to receive these funds, shall submit
 16  5 an annual written request to the administrator in a form as
 16  6 approved by the administrator.  The request is due on May 15
 16  7 each year.
 16  8    (4)  The administrator shall reimburse the joint E911
 16  9 service boards and the department of public safety for
 16 10 equipment purchases that are directly related to the
 16 11 implementation and operation of wireless E911 service and are
 16 12 preapproved by the administrator.
 16 13    b. c.  (1)  The administrator shall retain funds necessary
 16 14 to reimburse wireless carriers for their costs to deliver
 16 15 wireless E911 phase 1 services.  The administrator shall
 16 16 assure that wireless carriers recover all eligible costs
 16 17 associated with the implementation and operation of wireless
 16 18 E911 phase 1 services, including but not limited to hardware,
 16 19 software, and transport costs.  The administrator shall adopt
 16 20 rules defining eligible costs which are consistent with
 16 21 federal law, regulations, and any order of a federal agency.
 16 22    (2)  The administrator shall provide for the reimbursement
 16 23 of wireless carriers on a quarterly basis.  If the total
 16 24 amount of moneys available in the fund for the reimbursement
 16 25 of wireless carriers pursuant to subparagraph (1) this
 16 26 paragraph "c" is insufficient to reimburse all wireless
 16 27 carriers for such carriers' eligible expenses, the
 16 28 administrator shall remit an amount to each wireless carrier
 16 29 equal to the percentage of such carrier's eligible expenses as
 16 30 compared to the total of all eligible expenses for all
 16 31 wireless carriers for the calendar quarter during which such
 16 32 expenses were submitted.
 16 33    c.  (1)  The remainder of the surcharge collected shall be
 16 34 remitted to the administrator for distribution to the joint
 16 35 E911 service boards and the department of public safety
 17  1 pursuant to subparagraph (2) to be used for the implementation
 17  2 of enhanced wireless communications capabilities.
 17  3    (3)  If money remains in the fund after fully paying
 17  4 obligations under paragraphs "a" and "b", and this paragraph
 17  5 "c", the remainder may be accumulated in the fund as a
 17  6 carryover operating surplus.  This surplus shall be used to
 17  7 fund future network and public safety answering point
 17  8 improvements and wireless carriers' costs related to wireless
 17  9 E911 phase 2 service as determined by the administrator and as
 17 10 specified in administrative rule.  Notwithstanding section
 17 11 8.33, any moneys remaining in the account at the end of each
 17 12 fiscal year shall not revert to the general fund of the state
 17 13 but shall remain available for the purposes of the account.
 17 14    (2) (4)  The administrator, in consultation with the E911
 17 15 communications council, shall adopt rules pursuant to chapter
 17 16 17A governing the distribution of the surcharge collected and
 17 17 distributed pursuant to this lettered paragraph "c".  The
 17 18 rules shall include provisions that all joint E911 service
 17 19 boards and the department of public safety which answer or
 17 20 service wireless E911 calls are eligible to receive an
 17 21 equitable portion of the receipts.
 17 22    A joint E911 service board or the department of public
 17 23 safety, to receive funds from the wireless E911 emergency
 17 24 communications fund, must submit a written request for such
 17 25 funds to the administrator in a form as approved by the
 17 26 administrator.  A request shall be for funding under an
 17 27 approved E911 service plan for equipment which is directly
 17 28 related to the reception and disposition of incoming wireless
 17 29 E911 calls.  The administrator may approve the distribution of
 17 30 funds pursuant to such request if the administrator finds that
 17 31 the requested funding is for equipment necessary for the
 17 32 reception and disposition of such calls and that sufficient
 17 33 funds are available for such distribution.
 17 34    If insufficient funds are available to fund all requests,
 17 35 the administrator shall fund requests in an order deemed
 18  1 appropriate by the administrator after considering factors
 18  2 including, but not limited to, all of the following:
 18  3    (a)  Documented volume of wireless E911 calls received by
 18  4 each public safety answering point.
 18  5    (b)  The population served by each public safety answering
 18  6 point.
 18  7    (c)  The number of wireless telephones in the public safety
 18  8 answering point jurisdiction.
 18  9    (d)  The public safety of the citizens of this state.
 18 10    (e)  Any other factor deemed appropriate by the
 18 11 administrator, in consultation with the E911 communications
 18 12 council, and adopted by rule.
 18 13    (3) (5)  The administrator shall submit an annual report by
 18 14 January 15 of each year advising the general assembly of the
 18 15 status of E911 implementation and operations, including both
 18 16 land-line and wireless services, and the distribution of
 18 17 surcharge receipts.
 18 18    Sec. 12.  Section 34A.8, subsection 2, Code 2003, is
 18 19 amended to read as follows:
 18 20    2.  Subscriber information remains the property of the
 18 21 local exchange service provider.
 18 22    The joint E911 service board, the designated E911 service
 18 23 provider, and the public safety answering point, their agents,
 18 24 employees, and assigns shall use local exchange service
 18 25 information provided by the local exchange service provider
 18 26 solely for the purposes of providing E911 emergency telephone
 18 27 service, and it shall otherwise be kept confidential.  A
 18 28 person who violates this section is guilty of a simple
 18 29 misdemeanor.
 18 30    This chapter does not require a local exchange service
 18 31 provider to sell or provide its subscriber names, addresses,
 18 32 or telephone number information to any person other than the
 18 33 E911 service provider designated by the joint E911 service
 18 34 board.
 18 35    Sec. 13.  Section 34A.9, Code 2003, is amended to read as
 19  1 follows:
 19  2    34A.9  TELECOMMUNICATIONS DEVICES FOR THE DEAF SPEECH AND
 19  3 HEARING-IMPAIRED.
 19  4    By January 1, 1990, each county Each public safety
 19  5 answering point shall provide for the installation and use of
 19  6 at least one telecommunications device devices for the deaf at
 19  7 a public safety answering point speech and hearing-impaired.
 19  8    Sec. 14.  Section 34A.6A, Code 2003, is repealed.
 19  9    Sec. 15.  EFFECTIVE DATE.  Section 29C.8, subsection 3,
 19 10 paragraph "f", as enacted in this Act, and the amendment to
 19 11 section 29C.20, subsection 1, take effect July 1, 2004.  
 19 12                           EXPLANATION
 19 13    This bill amends Code chapter 34A, relating to enhanced 911
 19 14 emergency telephone systems, and related changes in Code
 19 15 chapter 29C, pertaining to the powers and duties of the
 19 16 administrator of the emergency management division of the
 19 17 department of public safety.
 19 18    The bill amends Code section 29C.8 by requiring the
 19 19 administrator of the emergency management division of the
 19 20 department of public defense to approve and support the
 19 21 development and ongoing operations of an urban search and
 19 22 rescue team within the state.  Members of the team when acting
 19 23 under the direction of the administrator or pursuant to a
 19 24 governor's disaster proclamation are considered employees of
 19 25 the state and shall be compensated for disability, workers'
 19 26 compensation, and death benefits as appropriate.  The
 19 27 administrator of the emergency management division of the
 19 28 department of public defense must also develop, implement, and
 19 29 support a uniform incident command system to be used by state
 19 30 agencies responding to emergencies and disasters.  A related
 19 31 change is made to Code section 29C.20, pertaining to a
 19 32 contingent fund governed by the executive council for use in
 19 33 responding to disasters and other emergencies, to authorize
 19 34 payment of expenses and claims from the fund for authorized
 19 35 urban search and rescue team activities.
 20  1    The bill adds definitions for "automatic announcing and
 20  2 dialing device", "competitive local exchange carrier",
 20  3 "emergency 911 notification device", "incumbent local exchange
 20  4 carrier", "local number portability", "program manager",
 20  5 "reseller", "wireless E911 phase 1", and "wireless E911 phase
 20  6 2".
 20  7    Code section 34A.3 requires the maintenance of a joint 911
 20  8 service board for certain territories, and methods for
 20  9 proposing changing to E911 service plans.  Current Code
 20 10 language requires the development of such service boards by
 20 11 1989, and development of initial plans by 1993 or 1994,
 20 12 depending upon the status of the board.
 20 13    Code section 34A.4, relating to the installation of pay
 20 14 telephones, is amended to provide that the device must be
 20 15 capable of making a 911 call without payment.
 20 16    The bill eliminates the $1 limitation on the enhanced 911
 20 17 surcharge in Code section 34A.6 for each wire line exchange
 20 18 access line provided in this state.  In Code section 34A.7A,
 20 19 the bill changes the statewide monthly wireless surcharge from
 20 20 50 cents to $1, and provides a formula for division of funds
 20 21 deposited in the E911 emergency communication fund to joint
 20 22 E911 service boards and the Iowa department of public safety.
 20 23 The bill also eliminates the alternative surcharge available
 20 24 in Code section 34A.6A by repealing the Code section.
 20 25 However, the bill provides in Code section 34A.7 that voters
 20 26 within an enhanced 911 service area may approve a wireline
 20 27 surcharge rate above $1 per month, per access line to be
 20 28 collected for an indefinite period of time.
 20 29    The bill takes effect July 1, 2003, if enacted in 2003,
 20 30 except for the amendments to Code section 29C.8, subsection 3,
 20 31 paragraph "f", and Code section 29C.20, subsection 1,
 20 32 regarding urban search and rescue teams.  These provisions
 20 33 take effect July 1, 2004.  
 20 34 LSB 1468DP 80
 20 35 jj/pj/5.1
     

Text: HSB00245                          Text: HSB00247
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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