Text: SSB03141                          Text: SSB03143
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 3142

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 carrier" means a
  1 27 telecommunications company, certified by a state utilities
  1 28 commission, that provides local exchange service within a
  1 29 local exchange certified by the Iowa utilities board.
  1 30    4.  "Emergency 911 notification device" means a product
  1 31 capable of accessing a public safety answering point through
  1 32 the 911 system.
  1 33    3. 5.  "Enhanced 911" or "E911" means a service which that
  1 34 provides the user of a public telephone system communications
  1 35 service with the ability to reach a public safety answering
  2  1 point by dialing the digits 911, and which that has the
  2  2 following additional features:
  2  3    a.  Routes an incoming 911 call to the appropriate public
  2  4 safety answering point selected from the public safety
  2  5 answering points operating in a 911 service area.
  2  6    b.  Automatically provides voice, displays the name,
  2  7 address or location, and telephone number of an incoming 911
  2  8 call and public safety agency servicing the address on a video
  2  9 monitor at the appropriate public safety answering point
  2 10 location.
  2 11    4. 6.  "Enhanced 911 service area" means the geographic
  2 12 area to be serviced, or currently serviced under an enhanced
  2 13 911 service plan, provided that an enhanced 911 service area
  2 14 must at minimum encompass one entire county.  The enhanced 911
  2 15 service area may encompass more than one county, and need not
  2 16 be restricted to county boundaries.
  2 17    5. 7.  "Enhanced 911 service plan" means a plan that
  2 18 includes the following information:
  2 19    a.  A description of the enhanced 911 service area.
  2 20    b.  A list of all public and private safety agencies within
  2 21 the enhanced 911 service area.
  2 22    c.  The number of public safety answering points within the
  2 23 enhanced 911 service area.
  2 24    d.  Identification of the agency responsible for management
  2 25 and supervision of the enhanced 911 emergency telephone
  2 26 communication system.
  2 27    e.  A statement of estimated costs to be incurred by the
  2 28 joint E911 service board or the department of public safety,
  2 29 including separate estimates of the following:
  2 30    (1)  Nonrecurring costs, including, but not limited to,
  2 31 public safety answering points, network equipment, software,
  2 32 database, addressing, initial training, and other capital and
  2 33 start-up expenditures, including the purchase or lease of
  2 34 subscriber names, addresses, and telephone information from
  2 35 the local exchange service provider.
  3  1    (2)  Recurring costs, including, but not limited to,
  3  2 network access fees and other telephone charges, software,
  3  3 equipment, and database management, and maintenance, including
  3  4 the purchase or lease of subscriber names, addresses, and
  3  5 telephone information from the local exchange service
  3  6 provider.  Recurring costs shall not include personnel costs
  3  7 for a public safety answering point.
  3  8    Funds deposited in an E911 service fund shall be are
  3  9 appropriated and shall be used for the payment of costs which
  3 10 that are limited to nonrecurring and recurring costs directly
  3 11 attributable to the provision of 911 emergency telephone
  3 12 communication service and may include costs for portable and
  3 13 vehicle radios, communication towers and associated equipment,
  3 14 and other radios and associated equipment permanently located
  3 15 at the public safety answering point and as directed by either
  3 16 the joint E911 service board or the department of public
  3 17 safety.  Costs do not include expenditures for any other
  3 18 purpose, and specifically exclude costs attributable to other
  3 19 emergency services or expenditures for buildings or personnel,
  3 20 except for the costs of personnel for database management and
  3 21 personnel directly associated with addressing.
  3 22    f.  Current equipment operated by affected local exchange
  3 23 service providers, and central office equipment and technology
  3 24 upgrades necessary for the provider to implement enhanced 911
  3 25 service within the enhanced 911 service area on or before July
  3 26 1, 1992.
  3 27    g.  A schedule for implementation of the plan throughout
  3 28 the E911 service area.  The schedule may provide for phased
  3 29 implementation.  However, a joint 911 service board may decide
  3 30 not to implement E911 service.
  3 31    h.  The number of telephone access lines capable of access
  3 32 to 911 in the enhanced 911 service area.
  3 33    i.  The total property valuation in the enhanced 911
  3 34 service area.
  3 35    6.  "Enhanced 911 service surcharge" is a charge set by the
  4  1 E911 service area operating authority and assessed on each
  4  2 access line which physically terminates within the E911
  4  3 service area.
  4  4    8.  "Incumbent local exchange carrier" means a carrier
  4  5 which, with respect to an enhanced 911 service area, meets
  4  6 both of the following:
  4  7    a.  On February 8, 1996, provided telephone exchange
  4  8 service in the area.
  4  9    b.  A carrier that meets one of the following:
  4 10    (1)  On February 8, 1996, was deemed to be a member of the
  4 11 national exchange carrier association pursuant to 47 C.F.R. }
  4 12 69.601(b).
  4 13    (2)  Is a vendor that, on or after February 8, 1996, became
  4 14 a successor or assignee of a member described in subparagraph
  4 15 (1).
  4 16    7. 9.  "Local exchange service provider" means a person
  4 17 vendor engaged in providing telecommunications service between
  4 18 points within an exchange and includes but is not limited to
  4 19 competitive local exchange carriers, incumbent local exchange
  4 20 carriers, and resellers.
  4 21    10.  "Program manager" means the E911 program manager
  4 22 appointed pursuant to section 34A.2A.
  4 23    8. 11.  "Provider" means a person vendor who provides, or
  4 24 offers to provide, E911 equipment, installation, maintenance,
  4 25 or exchange access services within the enhanced 911 service
  4 26 area.
  4 27    9. 12.  "Public or private safety agency" means a unit of
  4 28 state or local government, a special purpose district, or a
  4 29 private firm which provides or has the authority to provide
  4 30 fire fighting, police, ambulance, or emergency medical
  4 31 services, or hazardous materials response.
  4 32    10. 13.  "Public safety answering point" means a twenty-
  4 33 four hour local jurisdiction twenty-four-hour public safety
  4 34 communications facility which that receives enhanced 911
  4 35 service calls and directly dispatches emergency response
  5  1 services or relays calls to the appropriate public or private
  5  2 safety agency.
  5  3    14.  "Reseller" means a telecommunications company that
  5  4 resells local telephone services to both residential and
  5  5 business customers, where the reseller has interconnection
  5  6 agreements with the telephone company that allows the reseller
  5  7 a wholesale discount on services the reseller purchases from
  5  8 the telephone company to resell to the reseller's end user.
  5  9    15.  "Wireless E911 phase 1" means a 911 call made from a
  5 10 wireless device in which the wireless service provider
  5 11 delivers the call-back number and address of the tower that
  5 12 received the call to the appropriate public safety answering
  5 13 point.
  5 14    16.  "Wireless E911 phase 2" means a 911 call made from a
  5 15 wireless device in which the wireless service provider
  5 16 delivers the call-back number and the latitude and longitude
  5 17 coordinates of the wireless device to the appropriate public
  5 18 safety answering point.
  5 19    17.  "Wire-line E911 service surcharge" is a charge set by
  5 20 the E911 service area operating authority and assessed on each
  5 21 wire-line access line which physically terminates within the
  5 22 E911 service area.
  5 23    Sec. 3.  Section 34A.2A, Code 2003, is amended to read as
  5 24 follows:
  5 25    34A.2A  ADMINISTRATOR PROGRAM MANAGER – APPOINTMENT –
  5 26 DUTIES.
  5 27    1.  The administrator of the division of homeland security
  5 28 and emergency management division of the department of public
  5 29 defense shall appoint an E911 administrator program manager to
  5 30 administer this chapter.
  5 31    2.  The E911 administrator program manager shall act under
  5 32 the supervisory control of the administrator of the division
  5 33 of homeland security and emergency management division of the
  5 34 department of public defense, and in consultation with the
  5 35 E911 communications council, and perform the duties
  6  1 specifically set forth in this chapter and as assigned by the
  6  2 administrator.
  6  3    Sec. 4.  Section 34A.3, Code 2003, is amended to read as
  6  4 follows:
  6  5    34A.3  JOINT 911 E911 SERVICE BOARD – 911 SERVICE PLAN –
  6  6 IMPLEMENTATION – WAIVERS.
  6  7    1.  JOINT 911 E911 SERVICE BOARDS TO SUBMIT – PLANS.
  6  8    a.  The board of supervisors of each county shall establish
  6  9 maintain a joint 911 E911 service board not later than January
  6 10 1, 1989.
  6 11    (1)  Each political subdivision of the state having a
  6 12 public safety agency serving territory within the county is
  6 13 entitled to voting membership on the joint 911 E911 service
  6 14 board.  Each private safety agency operating within the area
  6 15 is entitled to nonvoting membership on the board.
  6 16    (2)  A township which that does not operate its own public
  6 17 safety agency, but contracts for the provision of public
  6 18 safety services, is not entitled to membership on the joint
  6 19 911 E911 service board, but its contractor is entitled to
  6 20 membership according to the contractor's status as a public or
  6 21 private safety agency.
  6 22    b.  The joint 911 E911 service board shall develop maintain
  6 23 an enhanced 911 service plan encompassing at minimum the
  6 24 entire county, unless an exemption is granted by the
  6 25 administrator program manager permitting a smaller E911
  6 26 service area.
  6 27    (1)  The administrator program manager may grant a
  6 28 discretionary exemption from the single county minimum service
  6 29 area requirement based upon an E911 a joint E911 service
  6 30 board's or other E911 service plan operating authority's
  6 31 presentation of evidence which supports the requested
  6 32 exemption if the administrator program manager finds that
  6 33 local conditions make adherence to the minimum standard
  6 34 unreasonable or technically infeasible, and that the purposes
  6 35 of this chapter would be furthered by granting an exemption.
  7  1 The minimum size requirement is intended to prevent
  7  2 unnecessary duplication of public safety answering points and
  7  3 minimize other administrative, personnel, and equipment
  7  4 expenses.  An E911 service area must encompass a
  7  5 geographically contiguous area.  No exemption shall be granted
  7  6 from the contiguous area requirement.
  7  7    (2)  The administrator program manager may order the
  7  8 inclusion of a specific territory in an adjoining E911 service
  7  9 plan area to avoid the creation by exclusion of a territory
  7 10 smaller than a single county not serviced by surrounding E911
  7 11 service plan areas upon request of the joint 911 E911 service
  7 12 board representing the territory.
  7 13    c.  The E911 service plan operating authority shall submit
  7 14 proposed changes to the plan on or before January 1, 1994, to
  7 15 all of the following:
  7 16    a. (1)  The administrator program manager.
  7 17    b. (2)  Public and private safety agencies in the enhanced
  7 18 911 service area.
  7 19    c. (3)  Providers Local exchange service providers affected
  7 20 by the enhanced 911 service plan.
  7 21    An E911 joint service board that has a state-approved
  7 22 service plan in place prior to July 1, 1993, is exempt from
  7 23 the provisions of this section.  The administrator shall
  7 24 establish, by July 1, 1994, E911 service plans for those E911
  7 25 joint service boards which do not have a state-approved
  7 26 service plan in place on or before January 1, 1994.
  7 27    The administrator shall prepare a summary of the plans
  7 28 submitted and present the summary to the legislature on or
  7 29 before August 1, 1994.
  7 30    2.  COMPLIANCE WAIVERS AVAILABLE IN LIMITED CIRCUMSTANCES.
  7 31    a.  The administrator program manager may extend, in whole
  7 32 or in part, the time period for plan implementation by issuing
  7 33 for implementation of an enhanced 911 service plan beyond the
  7 34 scheduled plan of implementation, by issuance of a compliance
  7 35 waiver.
  8  1    b.  The compliance waiver shall be based upon a joint 911
  8  2 E911 service board's presentation of evidence which supports
  8  3 an extension if the administrator program manager finds that
  8  4 local conditions make implementation financially unreasonable
  8  5 or technically infeasible by the originally scheduled plan of
  8  6 implementation.
  8  7    c.  The compliance waiver shall be for a set period of
  8  8 time, and subject to review and renewal or denial of renewal
  8  9 upon its expiration.
  8 10    d.  The waiver may cover all or a portion of a 911 service
  8 11 plan's enhanced 911 service area to facilitate phased
  8 12 implementation when possible.
  8 13    e.  The granting of a compliance waiver does not create a
  8 14 presumption that the identical or similar waiver will be
  8 15 extended in the future.
  8 16    f.  Consideration of compliance waivers shall be on a case-
  8 17 by-case basis.
  8 18    3.  CHAPTER 28E AGREEMENT – ALTERNATIVE TO JOINT 911 E911
  8 19 SERVICE BOARD.  A legal entity created pursuant to chapter 28E
  8 20 by a county or counties, other political divisions, and public
  8 21 or private agencies to jointly plan, implement, and operate a
  8 22 countywide, or larger, enhanced 911 service system may be
  8 23 substituted for the joint 911 E911 service board required
  8 24 under subsection 1.
  8 25    An alternative legal entity created pursuant to chapter 28E
  8 26 as a substitute for a joint 911 E911 service board, as
  8 27 permitted by this subsection, may be created by either:
  8 28    a.  Agreement of the parties entitled to voting membership
  8 29 on a joint 911 E911 service board.
  8 30    b.  Agreement of the members of a joint 911 E911 service
  8 31 board.
  8 32    An alternative chapter 28E entity has all of the powers of
  8 33 a joint 911 E911 service board and any additional powers
  8 34 granted by the agreement.  As used in this chapter, "joint 911
  8 35 E911 service board" includes an alternative chapter 28E entity
  9  1 created for that purpose, except as specifically limited by
  9  2 the chapter 28E agreement or unless clearly provided otherwise
  9  3 in this chapter.  A chapter 28E agreement related to E911
  9  4 service shall permit the participation of a private safety
  9  5 agency or other persons allowed to participate in a joint 911
  9  6 E911 service board, but the terms, scope, and conditions of
  9  7 participation are subject to the chapter 28E agreement.
  9  8    4.  PARTICIPATION IN JOINT E911 SERVICE BOARD REQUIRED.  A
  9  9 political subdivision or state agency having a public safety
  9 10 agency within its territory or jurisdiction shall participate
  9 11 in a joint E911 service board and cooperate in preparing
  9 12 maintaining the E911 service plan.
  9 13    Sec. 5.  Section 34A.4, Code 2003, is amended to read as
  9 14 follows:
  9 15    34A.4  REQUIRED CONVERSION REQUIREMENTS OF PAY TELEPHONES
  9 16 AND OTHER TELECOMMUNICATIONS DEVICES TO ALLOW 911 CALLS
  9 17 WITHOUT DEPOSITING COINS OR OTHER CHARGE.
  9 18    1.  CONVERSION AND NOTICE REQUIRED.  When an enhanced 911
  9 19 service system becomes operational or as soon as feasible
  9 20 thereafter, each provider or other owner or lessee of a pay
  9 21 station telephone to be operated within the enhanced 911
  9 22 service area shall do the following:
  9 23    a.  Convert each telephone to permit a caller to dial 911
  9 24 without first inserting a coin or paying any other charge.
  9 25    b.  Prominently display on each pay telephone a notice
  9 26 advising callers to dial 911 in an emergency and that deposit
  9 27 of a coin is not required.
  9 28    2.  CERTAIN PAY PHONES PROHIBITED WITHIN SERVICE AREA.
  9 29 After commencement of enhanced 911 service in In an enhanced
  9 30 911 service area, a person shall not install or offer for use
  9 31 within the enhanced 911 service area a pay station telephone
  9 32 or other fixed device unless the telephone or device is
  9 33 capable of accepting making a 911 call without prior insertion
  9 34 of a coin or payment of any other charge, and unless the
  9 35 telephone or device displays notice of free 911 service.
 10  1    Sec. 6.  Section 34A.6, subsection 1, unnumbered paragraph
 10  2 1, Code 2003, is amended to read as follows:
 10  3    Before a joint E911 service board may request imposition of
 10  4 the surcharge by the administrator program manager, the board
 10  5 shall submit the following question to voters, as provided in
 10  6 subsection 2, in the proposed E911 service area, and the
 10  7 question shall receive a favorable vote from a simple majority
 10  8 of persons submitting valid ballots on the following question
 10  9 within the proposed E911 service area:
 10 10    Sec. 7.  Section 34A.7, unnumbered paragraph 1, Code 2003,
 10 11 is amended to read as follows:
 10 12    When an E911 service plan is implemented, the costs of
 10 13 providing E911 service within an E911 service area are the
 10 14 responsibility of the joint E911 service board and the member
 10 15 political subdivisions.  Costs in excess of the amount raised
 10 16 by imposition of the E911 service surcharge provided for under
 10 17 subsection 1, shall be paid by the joint E911 service board
 10 18 from such revenue sources allocated among the member political
 10 19 subdivisions as determined by the joint E911 service board.
 10 20 Funding is not limited to the surcharge, and surcharge
 10 21 revenues may be supplemented by other permissible local and
 10 22 state revenue sources.  A joint 911 E911 service board shall
 10 23 not commit a political subdivision to appropriate property tax
 10 24 revenues to fund an E911 service plan without the consent of
 10 25 the political subdivision.  A joint 911 E911 service board may
 10 26 approve a 911 an E911 service plan, including a funding
 10 27 formula requiring appropriations by participating political
 10 28 subdivisions, subject to the approval of the funding formula
 10 29 by each political subdivision.  However, a political
 10 30 subdivision may agree in advance to appropriate property tax
 10 31 revenues or other moneys according to a formula or plan
 10 32 developed by an alternative chapter 28E entity.
 10 33    Sec. 8.  Section 34A.7, subsections 1, 2, 3, and 4, Code
 10 34 2003, are amended to read as follows:
 10 35    1.  LOCAL WIRE-LINE E911 SERVICE SURCHARGE IMPOSITION.
 11  1    a.  To encourage local implementation of E911 service, one
 11  2 source of funding for E911 emergency telephone communication
 11  3 systems shall come from a surcharge per month, per access line
 11  4 on each access line subscriber, except as provided in
 11  5 subsection 5, equal to the lowest amount of the following:
 11  6    (1)  One dollar.
 11  7    (2)  An amount less than one dollar, which would fully pay
 11  8 both recurring and nonrecurring costs of the E911 service
 11  9 system within five years from the date the maximum surcharge
 11 10 is imposed.
 11 11    (3)  The maximum monetary limitation approved by
 11 12 referendum.
 11 13    b.  The surcharge shall be imposed by order of the
 11 14 administrator program manager as follows:
 11 15    (1)  The administrator program manager shall notify a local
 11 16 exchange service provider scheduled to provide exchange access
 11 17 line service to an E911 service area, that implementation of
 11 18 an E911 service plan has been approved by the joint 911 E911
 11 19 service board and by the service area referendum, and that
 11 20 collection of the surcharge is to begin within one hundred
 11 21 days.
 11 22    (2)  The notice shall be provided at least one hundred days
 11 23 before the surcharge must be billed for the first time program
 11 24 manager shall also provide notice to all affected public
 11 25 safety answering points.
 11 26    c.  The surcharge shall terminate at the end of twenty-four
 11 27 months, unless either, or both, of the following conditions is
 11 28 met:
 11 29    (1)  E911 service is initiated for all or a part of the
 11 30 E911 service area.
 11 31    (2)  An extension is granted by the administrator for good
 11 32 cause.
 11 33    d.  The surcharge shall terminate at the end of twenty-four
 11 34 months if the joint E911 service plan has not been approved by
 11 35 the administrator within eighteen months of the original
 12  1 notice to the provider to impose the surcharge, and shall not
 12  2 be reimposed until a service plan is approved by the
 12  3 administrator and the administrator gives providers notice as
 12  4 required by paragraph "a", subparagraphs (1) and (2).
 12  5    2.  SURCHARGE COLLECTED BY LOCAL EXCHANGE SERVICE
 12  6 PROVIDERS.
 12  7    a.  The surcharge shall be collected as part of the access
 12  8 line service provider's periodic billing to a subscriber.  In
 12  9 compensation for the costs of billing and collection, the
 12 10 local exchange service provider may retain one percent of the
 12 11 gross surcharges collected.  If the compensation is
 12 12 insufficient to fully recover a local exchange service
 12 13 provider's costs for billing and collection of the surcharge,
 12 14 the deficiency shall be included in the local exchange service
 12 15 provider's costs for ratemaking purposes to the extent it is
 12 16 reasonable and just under section 476.6.  The surcharge shall
 12 17 be remitted to the E911 service operating authority for
 12 18 deposit into the E911 service fund quarterly by the local
 12 19 exchange service provider.  The total amount for multiple
 12 20 exchanges may be combined.
 12 21    b.  A local exchange service provider is not liable for an
 12 22 uncollected surcharge for which the local exchange service
 12 23 provider has billed a subscriber but not been paid.  The
 12 24 surcharge shall appear as a single line item on a subscriber's
 12 25 periodic billing entitled, "E911 emergency telephone service
 12 26 surcharge".  The E911 service surcharge is not subject to
 12 27 sales or use tax.
 12 28    c.  The joint E911 service board may request, not more than
 12 29 once each quarter, the following information from the local
 12 30 exchange service provider:
 12 31    (1)  The identity of the exchange from which the surcharge
 12 32 is collected.
 12 33    (2)  The number of lines to which the surcharge was applied
 12 34 for the quarter.
 12 35    (3)  The number of refusals to pay per exchange if
 13  1 applicable.
 13  2    (4)  Write-offs applied per exchange if applicable.
 13  3    (5)  The number of lines exempt per exchange.
 13  4    (6)  The amount retained by the local exchange service
 13  5 provider generated from the one percent administration fee.
 13  6    d.  Access line counts and surcharge remittances are
 13  7 confidential public records as provided by federal law.
 13  8    3.  MAXIMUM LIMIT PER SUBSCRIBER BILLING FOR SURCHARGE.  An
 13  9 individual subscriber shall not be required to pay on a single
 13 10 periodic billing the surcharge on more than one hundred access
 13 11 lines, or their equivalent, in an E911 service area.  A
 13 12 subscriber shall pay the surcharge in each E911 service area
 13 13 in which the subscriber receives access line service.
 13 14    4.  E911 SERVICE FUND.  Each joint E911 service board shall
 13 15 establish and maintain as a separate account an E911 service
 13 16 fund.  Any funds remaining in the account at the end of each
 13 17 fiscal year shall not revert to the general funds of the
 13 18 member political subdivisions, except as provided in
 13 19 subsection 5, but shall remain in the E911 service fund.
 13 20 Moneys in an E911 service fund may only be used for
 13 21 nonrecurring and recurring costs of the E911 service plan as
 13 22 approved by the administrator program manager, as those terms
 13 23 are defined by section 34A.2.
 13 24    Sec. 9.  Section 34A.7, subsection 5, paragraph b,
 13 25 subparagraphs (2) and (3), Code 2003, are amended to read as
 13 26 follows:
 13 27    (2)  If money remains in the fund after fully paying for
 13 28 recurring costs incurred in the preceding year, the remainder
 13 29 may be spent to pay for nonrecurring costs, not to exceed
 13 30 actual nonrecurring costs as approved by the administrator
 13 31 program manager.
 13 32    (3)  If money remains in the fund after fully paying
 13 33 obligations under subparagraphs (1) and (2), the remainder may
 13 34 be accumulated in the fund as a carryover operating surplus.
 13 35 If the surplus is greater than twenty-five percent of the
 14  1 approved annual operating budget for the next year, the
 14  2 administrator program manager shall reduce the surcharge by an
 14  3 amount calculated to result in a surplus of no more than
 14  4 twenty-five percent of the planned annual operating budget.
 14  5 After nonrecurring costs have been paid, if the surcharge is
 14  6 less than the maximum allowed and the fund surplus is less
 14  7 than twenty-five percent of the approved annual operating
 14  8 budget, the administrator program manager shall, upon
 14  9 application of the joint E911 service board, increase the
 14 10 surcharge in an amount calculated to result in a surplus of
 14 11 twenty-five percent of the approved annual operating budget.
 14 12 The surcharge may only be adjusted once in a single year, upon
 14 13 one hundred days' prior notice to the provider.
 14 14    Sec. 10.  Section 34A.7A, subsection 1, paragraph b, Code
 14 15 2003, is amended to read as follows:
 14 16    b.  The administrator program manager shall provide no less
 14 17 than one hundred days' notice of the surcharge to be imposed
 14 18 to each wireless communications service provider.  The
 14 19 administrator program manager, subject to the fifty cent limit
 14 20 in paragraph "a", may adjust the amount of the surcharge as
 14 21 necessary, but no more than once in any calendar year.
 14 22    Sec. 11.  Section 34A.7A, subsection 1, paragraph c, Code
 14 23 2003, is amended to read as follows:
 14 24    c.  (1)  The surcharge shall be collected as part of the
 14 25 wireless communications service provider's periodic billing to
 14 26 a subscriber.  The surcharge shall appear as a single line
 14 27 item on a subscriber's periodic billing indicating that the
 14 28 surcharge is for E911 emergency telephone service.  In the
 14 29 case of prepaid wireless telephone service, this surcharge
 14 30 shall be remitted based upon the address associated with the
 14 31 point of purchase, the customer billing address, or the
 14 32 location associated with the mobile telephone number for each
 14 33 active prepaid wireless telephone that has a sufficient
 14 34 positive balance as of the last days of the information, if
 14 35 that information is available.  The wireless E911 service
 15  1 surcharge is not subject to sales or use tax.
 15  2    (2)  In compensation for the costs of billing and
 15  3 collection, the wireless communications service provider may
 15  4 retain one percent of the gross surcharges collected.
 15  5    (3)  The surcharges shall be remitted quarterly by the
 15  6 wireless communications service provider to the administrator
 15  7 program manager for deposit into the fund established in
 15  8 subsection 2.
 15  9    (4)  A wireless communications service provider is not
 15 10 liable for an uncollected surcharge for which the wireless
 15 11 communications service provider has billed a subscriber but
 15 12 which has not been paid.  The surcharge shall appear as a
 15 13 single line item on a subscriber's periodic billing indicating
 15 14 that the surcharge is for E911 emergency telephone service.
 15 15 The E911 service surcharge is not subject to sales or use tax.
 15 16    Sec. 12.  Section 34A.7A, subsection 2, Code 2003, is
 15 17 amended to read as follows:
 15 18    2.  Moneys collected pursuant to subsection 1 shall be
 15 19 deposited in a separate wireless E911 emergency communications
 15 20 fund within the state treasury under the control of the
 15 21 administrator program manager.  Section 8.33 shall not apply
 15 22 to moneys in the fund.  Moneys earned as income, including as
 15 23 interest, from the fund shall remain in the fund until
 15 24 expended as provided in this section.  Moneys in the fund
 15 25 shall be expended and distributed annually as follows in the
 15 26 following priority order:
 15 27    a.  An amount as appropriated by the general assembly to
 15 28 the administrator shall be allocated to the administrator and
 15 29 program manager for implementation, support, and maintenance
 15 30 of the functions of the administrator and program manager.
 15 31    b.  The program manager shall reimburse wire-line carriers
 15 32 on a calendar quarter basis for carriers' eligible expenses
 15 33 for transport costs related to the delivery of wireless E911
 15 34 phase 1 services.  If the total amount of moneys available in
 15 35 the fund for the reimbursement of wire-line carriers pursuant
 16  1 to this paragraph is insufficient to reimburse all wireless
 16  2 carriers for such carriers' eligible expenses, the program
 16  3 manager shall remit an amount to each wire-line carrier equal
 16  4 to the percentage of such carrier's eligible expenses as
 16  5 compared to the total of all eligible expenses for all wire-
 16  6 line carriers for the calendar quarter during which such
 16  7 expenses were submitted.
 16  8    b.  c.  (1)  The administrator program manager shall retain
 16  9 funds necessary to reimburse wireless carriers for their costs
 16 10 to deliver E911 services.  The administrator shall assure that
 16 11 wireless carriers recover all reimburse wireless carriers and
 16 12 third-party providers on a calendar quarter basis for eligible
 16 13 wireless E911 phase 1 contract costs associated with of the
 16 14 wireless carriers or third-party providers for the purpose of
 16 15 maintaining the automatic location information and related
 16 16 database systems pursuant to the implementation and operation
 16 17 of E911 services, including but not limited to hardware,
 16 18 software, and transport costs.  The administrator shall adopt
 16 19 rules defining eligible costs which are consistent with
 16 20 federal law, regulations, and any order of a federal agency.
 16 21    (2)  The administrator shall provide for the reimbursement
 16 22 of wireless carriers on a quarterly basis.  If the total
 16 23 amount of moneys available in the fund for the reimbursement
 16 24 of wireless carriers pursuant to subparagraph (1) is
 16 25 insufficient to reimburse all wireless carriers for such
 16 26 carriers' eligible expenses, the administrator shall remit an
 16 27 amount to each wireless carrier equal to the percentage of
 16 28 such carrier's eligible expenses as compared to the total of
 16 29 all eligible expenses for all wireless carriers for the
 16 30 calendar quarter during which such expenses were submitted.
 16 31    d.  The program manager shall apply an amount up to five
 16 32 hundred thousand dollars per calendar quarter to any
 16 33 outstanding wireless E911 phase 1 obligations incurred
 16 34 pursuant to this chapter prior to July 1, 2004.
 16 35    e.  (1)  The program manager shall allocate an amount up to
 17  1 one hundred twenty-seven thousand dollars per calendar quarter
 17  2 equally to the joint E911 service boards and the department of
 17  3 public safety that have submitted an annual written request to
 17  4 the program manager in a form approved by the program manager
 17  5 by May 15 of each year.
 17  6    (2)  Upon retirement of outstanding obligations referred to
 17  7 in paragraph "d", the amount allocated under this paragraph
 17  8 "e" shall be an amount up to four hundred thousand dollars per
 17  9 calendar quarter allocated as follows:
 17 10    (a)  Sixty-five percent of the total dollars available for
 17 11 allocation shall be allocated in proportion to the square
 17 12 miles of the service area to the total square miles in this
 17 13 state.
 17 14    (b)  Thirty-five percent of the total dollars available for
 17 15 allocation shall be allocated in proportion to the wireless
 17 16 E911 calls taken at the public service answering point in the
 17 17 service area to the total number of wireless E911 calls
 17 18 originating in this state.
 17 19    (3)  The funds allocated in this paragraph "e" shall be
 17 20 used for communication equipment located inside the public
 17 21 safety answering points for the implementation and maintenance
 17 22 of wireless E911 phase 2.  The joint E911 service boards and
 17 23 the department of public safety shall provide an estimate of
 17 24 phase 2 implementation costs to the program manager by January
 17 25 1, 2005.
 17 26    c. (1)  The remainder of the surcharge collected shall be
 17 27 remitted to the administrator for distribution to the joint
 17 28 E911 service boards and the department of public safety
 17 29 pursuant to subparagraph (2) to be used for the implementation
 17 30 of enhanced wireless communications capabilities.
 17 31    f.  After the amounts in paragraph "d" and "e" have been
 17 32 applied and allocated, the program manager shall provide an
 17 33 amount up to thirty-two thousand dollars per calendar quarter
 17 34 to the Iowa law enforcement academy, created in section 80B.4,
 17 35 for reimbursement of costs related to E911 dispatcher
 18  1 training.  The academy shall provide training to the E911
 18  2 dispatchers at no cost or minimal cost to recover actual
 18  3 expenses.
 18  4    g.  If moneys remain in the fund after fully paying all
 18  5 obligations under paragraphs "a" through "f", the remainder
 18  6 may be accumulated in the fund as a carryover operating
 18  7 surplus.  This surplus shall be used to fund future phase 2
 18  8 network and public safety answering point improvements and
 18  9 wireless carriers' transport costs related to wireless E911
 18 10 services, if those costs are not otherwise recovered by
 18 11 wireless carriers through customer billing or other sources.
 18 12 Notwithstanding section 8.33, any moneys remaining in the fund
 18 13 at the end of each fiscal year shall not revert to the general
 18 14 fund of the state but shall remain available for the purposes
 18 15 of the fund.
 18 16    (2)  h.  The administrator, in consultation with the
 18 17 program manager and the E911 communications council, shall
 18 18 adopt rules pursuant to chapter 17A governing the distribution
 18 19 of the surcharge collected and distributed pursuant to this
 18 20 lettered paragraph subsection.  The rules shall include
 18 21 provisions that all joint E911 service boards and the
 18 22 department of public safety which answer or service wireless
 18 23 E911 calls are eligible to receive an equitable portion of the
 18 24 receipts.
 18 25    A joint E911 service board or the department of public
 18 26 safety, to receive funds from the wireless E911 emergency
 18 27 communications fund, must submit a written request for such
 18 28 funds to the administrator in a form as approved by the
 18 29 administrator.  A request shall be for funding under an
 18 30 approved E911 service plan for equipment which is directly
 18 31 related to the reception and disposition of incoming wireless
 18 32 E911 calls.  The administrator may approve the distribution of
 18 33 funds pursuant to such request if the administrator finds that
 18 34 the requested funding is for equipment necessary for the
 18 35 reception and disposition of such calls and that sufficient
 19  1 funds are available for such distribution.
 19  2    If insufficient funds are available to fund all requests,
 19  3 the administrator shall fund requests in an order deemed
 19  4 appropriate by the administrator after considering factors
 19  5 including, but not limited to, all of the following:
 19  6    (a)  Documented volume of wireless E911 calls received by
 19  7 each public safety answering point.
 19  8    (b)  The population served by each public safety answering
 19  9 point.
 19 10    (c)  The number of wireless telephones in the public safety
 19 11 answering point jurisdiction.
 19 12    (d)  The public safety of the citizens of this state.
 19 13    (e)  Any other factor deemed appropriate by the
 19 14 administrator, in consultation with the E911 communications
 19 15 council, and adopted by rule.
 19 16    (3)  2A.  a.  The administrator program manager shall
 19 17 submit an annual report by January 15 of each year to the
 19 18 legislative government oversight committee advising the
 19 19 general assembly of the status of E911 implementation and
 19 20 operations, including both land-line wire-line and wireless
 19 21 services, and the distribution of surcharge receipts, and an
 19 22 accounting of the revenues and expenses of the E911 program.
 19 23    b.  The program manager shall submit a calendar quarter
 19 24 report of the revenues and expenses of the E911 program to the
 19 25 fiscal services division of the legislative services agency.
 19 26    c.  The legislative government oversight committee shall
 19 27 review the priorities of distribution of funds under this
 19 28 chapter at least every two years.
 19 29    Sec. 13.  Section 34A.7A, subsection 3, Code 2003, is
 19 30 amended to read as follows:
 19 31    3.  The amount collected from a wireless service provider
 19 32 and deposited in the fund, pursuant to section 22.7,
 19 33 subsection 6, information provided by a wireless service
 19 34 provider to the administrator program manager consisting of
 19 35 trade secrets, pursuant to section 22.7, subsection 3, and
 20  1 other financial or commercial operations information provided
 20  2 by a wireless service provider to the administrator program
 20  3 manager, shall be kept confidential as provided under section
 20  4 22.7.  This subsection does not prohibit the inclusion of
 20  5 information in any report providing aggregate amounts and
 20  6 information which does not identify numbers of accounts or
 20  7 customers, revenues, or expenses attributable to an individual
 20  8 wireless communications service provider.
 20  9    Sec. 14.  Section 34A.8, subsection 2, unnumbered paragraph
 20 10 2, Code 2003, is amended to read as follows:
 20 11    The joint E911 service board, the designated E911 service
 20 12 provider, and the public safety answering point, their agents,
 20 13 employees, and assigns shall use local exchange service
 20 14 information provided by the local exchange service provider
 20 15 solely for the purposes of providing E911 emergency telephone
 20 16 service, and it shall otherwise be kept confidential.  A
 20 17 person who violates this section is guilty of a simple
 20 18 misdemeanor.
 20 19    Sec. 15.  Section 34A.9, Code 2003, is amended to read as
 20 20 follows:
 20 21    34A.9  TELECOMMUNICATIONS DEVICES FOR THE DEAF SPEECH AND
 20 22 HEARING-IMPAIRED.
 20 23    By January 1, 1990, each county Each public safety
 20 24 answering point shall provide for the installation and use of
 20 25 at least one telecommunications device devices for the deaf at
 20 26 a public safety answering point speech and hearing-impaired.
 20 27    Sec. 16.  NEW SECTION.  34A.10  E911 SELECTIVE ROUTER.
 20 28    On and after July 1, 2004, only the program manager shall
 20 29 approve access to the E911 selective router.
 20 30    Sec. 17.  Section 34A.15, Code 2003, is amended by adding
 20 31 the following new subsection:
 20 32    NEW SUBSECTION.  1A.  The auditor of state shall serve as
 20 33 an ex officio nonvoting member.
 20 34    Sec. 18.  Section 34A.15, subsection 2, Code 2003, is
 20 35 amended to read as follows:
 21  1    2.  The council shall advise and make recommendations to
 21  2 the administrator and program manager regarding the
 21  3 implementation of this chapter.  Such advice and
 21  4 recommendations shall be provided on issues at the request of
 21  5 the administrator or program manager or as deemed necessary by
 21  6 the council.
 21  7    Sec. 19.  Section 16.161, unnumbered paragraph 1, Code
 21  8 2003, is amended to read as follows:
 21  9    The authority shall assist the administrator program
 21 10 manager, appointed pursuant to section 34A.2A, as provided in
 21 11 chapter 34A, subchapter II, and the authority shall have all
 21 12 of the powers delegated to it by a joint E911 service board or
 21 13 the department of public defense in a chapter 28E agreement
 21 14 with respect to the issuance and securing of bonds or notes
 21 15 and the carrying out of the purposes of chapter 34A.  
 21 16                           EXPLANATION
 21 17    This bill amends and adds definitions to Code chapter 34A
 21 18 to include expanding E911 technology and wireless
 21 19 communication services and to differentiate the various types
 21 20 of local exchange carriers.  The E911 administrator is renamed
 21 21 the E911 program manager to avoid confusion with the
 21 22 administrator of the homeland security and emergency
 21 23 management division of the department of the public defense
 21 24 who also has duties under this Code chapter.  Obsolete
 21 25 language regarding the creation of local joint E911 areas and
 21 26 boards is removed.  Local exchange service providers are
 21 27 required to provide certain information to local joint E911
 21 28 service boards.  The maximum limit on surcharges for
 21 29 subscribers with more than 100 access lines is eliminated.
 21 30    The wireless communications service surcharge is
 21 31 distributed by priority to support the E911 program manager,
 21 32 administrator, and the expenses of the department of public
 21 33 safety, to reimburse wire-line carriers to recover wireless
 21 34 phase 1 transport costs, to reimburse for wireless phase 1
 21 35 contract costs such as hardware, software, and transport
 22  1 costs, to pay up to a maximum amount for past outstanding
 22  2 obligations incurred prior to July 1, 2004, to pay to joint
 22  3 E911 service boards and the department of public safety for
 22  4 communication equipment in public safety answering points, and
 22  5 to reimburse the law enforcement academy for dispatcher
 22  6 training.  The bill provides that any surplus in the wireless
 22  7 surcharge fund shall support future wireless E911 phase 2
 22  8 improvements and wireless carriers transport costs.
 22  9    The bill strikes the authorization to make distributions
 22 10 from the wireless surcharge fund to wireless carriers to
 22 11 reimburse the carriers for general costs to deliver E911
 22 12 services by specifying the costs that may be reimbursed and
 22 13 prioritizing payments.  The program manager is required to
 22 14 submit an annual accounting to the legislative government
 22 15 oversight committee and quarterly reports to the fiscal
 22 16 services division of the legislative services agency.  The
 22 17 bill makes other grammatical and technical changes regarding
 22 18 the E911 system.  
 22 19 LSB 6446XC 80
 22 20 kk/sh/8

Text: SSB03141                          Text: SSB03143
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Mar 3 03:30:48 CST 2004
URL: /DOCS/GA/80GA/Legislation/SSB/03100/SSB03142/040302.html
jhf