Senate Study Bill 1082 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT BILL) A BILL FOR An Act relating to 911 emergency telephone and internet 1 communication systems and making appropriations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1189XD (9) 87 gh/rj
S.F. _____ H.F. _____ Section 1. Section 34A.1, Code 2017, is amended to read as 1 follows: 2 34A.1 Purpose. 3 The general assembly finds that enhanced 911 emergency 4 telephone communication systems and other emergency 911 5 notification devices further the public interest and protect 6 the health, safety, and welfare of the people of Iowa. The 7 purpose of this chapter is to enable the orderly development, 8 installation, and operation of enhanced 911 emergency telephone 9 communication systems and other emergency 911 notification 10 devices statewide. These systems are to be operated under 11 governmental management and control for the public benefit. 12 Sec. 2. Section 34A.2, Code 2017, is amended to read as 13 follows: 14 34A.2 Definitions. 15 As used in this chapter , unless the context otherwise 16 requires: 17 1. “911 service area” means the geographic area encompassing 18 at least one entire county, and which may encompass a 19 geographical area outside the one entire county not restricted 20 to county boundaries, serviced or to be serviced under a 911 21 service plan. 22 2. “911 service plan” means a plan that includes the 23 following information: 24 a. A description of the 911 service area. 25 b. A list of all public and private safety agencies within 26 the 911 service area. 27 c. The number of public safety answering points within the 28 911 service area. 29 d. Identification of the agency responsible for management 30 and supervision of the 911 emergency communication system. 31 e. (1) A statement of estimated costs to be incurred by 32 the joint 911 service board or the department of public safety, 33 including separate estimates of the following: 34 (a) Nonrecurring costs, including but not limited to public 35 -1- LSB 1189XD (9) 87 gh/rj 1/ 32
S.F. _____ H.F. _____ safety answering points, network equipment, software, database, 1 addressing, training, and other capital expenditures, including 2 the purchase or lease of subscriber names, addresses, and 3 telephone information from the local exchange service provider. 4 (b) Recurring costs, including but not limited to 5 network access fees and other telephone charges, software, 6 equipment, and database management, and maintenance, including 7 the purchase or lease of subscriber names, addresses, and 8 telephone information from the local exchange service provider. 9 Recurring costs shall not include personnel costs for a public 10 safety answering point. 11 (2) Funds deposited in a 911 service fund are appropriated 12 and shall be used for the payment of costs that are limited to 13 nonrecurring and recurring costs directly attributable to the 14 receipt and disposition of the 911 call. Costs do not include 15 expenditures for any other purpose, and specifically exclude 16 costs attributable to other emergency services or expenditures 17 for buildings or personnel, except for the costs of personnel 18 for database management and personnel directly associated with 19 addressing. 20 f. Current equipment operated by affected local exchange 21 service providers, and central office equipment and technology 22 upgrades necessary for the provider to implement 911 service 23 within the 911 service area. 24 g. A schedule for implementation of the plan throughout 25 the 911 service area. The schedule may provide for phased 26 implementation. 27 h. The number of telephone access lines and voice over 28 internet protocol service connections capable of access to 911 29 in the 911 service area. 30 i. The total property valuation in the 911 service area. 31 j. A plan to migrate to a next generation 911 network. 32 1. 3. “Access line” means an exchange access line that 33 has the ability to access dial tone and reach a public safety 34 answering point. 35 -2- LSB 1189XD (9) 87 gh/rj 2/ 32
S.F. _____ H.F. _____ 2. 4. “Communications service” means a service capable 1 of accessing, connecting with, or interfacing with a 911 2 system by dialing, initializing, or otherwise activating the 3 system exclusively through the digits 911 by means of a local 4 telephone device , or wireless communications device , or any 5 other device capable of interfacing with the 911 system . 6 3. “Communications service provider” means a service 7 provider, public or private, that transports information 8 electronically via landline, wireless, internet, cable, or 9 satellite. 10 4. 5. “Competitive local exchange service provider” means 11 the same as defined in section 476.96 . 12 5. 6. “Director” means the director of the department of 13 homeland security and emergency management. 14 6. 7. “Emergency communications service surcharge” means a 15 charge established by the program manager in accordance with 16 section 34A.7A . 17 8. “Emergency services internet protocol network” or “ESInet” 18 means a system using broadband packet-switched technology that 19 is capable of supporting the transmission of varying types of 20 data to be shared by all public or private safety agencies that 21 are involved in an emergency. 22 7. 9. “Enhanced 911” or “E911” means a service that 23 provides the user of a communications service with the ability 24 to reach a public safety answering point by using the digits 25 911, and that has the following additional features: 26 a. Routes an incoming 911 call to the appropriate public 27 safety answering point. 28 b. Automatically provides voice, displays the name, address 29 or location, and telephone number of an incoming 911 call and 30 public safety agency servicing the location. 31 8. “Enhanced 911 service area” means the geographic area 32 to be serviced, or currently serviced under an enhanced 911 33 service plan, provided that an enhanced 911 service area must 34 at minimum encompass one entire county. The enhanced 911 35 -3- LSB 1189XD (9) 87 gh/rj 3/ 32
S.F. _____ H.F. _____ service area may encompass more than one county, and need not 1 be restricted to county boundaries. 2 9. “Enhanced 911 service plan” means a plan that includes 3 the following information: 4 a. A description of the enhanced 911 service area. 5 b. A list of all public and private safety agencies within 6 the enhanced 911 service area. 7 c. The number of public safety answering points within the 8 enhanced 911 service area. 9 d. Identification of the agency responsible for management 10 and supervision of the enhanced 911 emergency communication 11 system. 12 e. (1) A statement of estimated costs to be incurred by the 13 joint E911 service board or the department of public safety, 14 including separate estimates of the following: 15 (a) Nonrecurring costs, including but not limited to public 16 safety answering points, network equipment, software, database, 17 addressing, training, and other capital expenditures, including 18 the purchase or lease of subscriber names, addresses, and 19 telephone information from the local exchange service provider. 20 (b) Recurring costs, including but not limited to 21 network access fees and other telephone charges, software, 22 equipment, and database management, and maintenance, including 23 the purchase or lease of subscriber names, addresses, and 24 telephone information from the local exchange service provider. 25 Recurring costs shall not include personnel costs for a public 26 safety answering point. 27 (2) Funds deposited in an E911 service fund are appropriated 28 and shall be used for the payment of costs that are limited to 29 nonrecurring and recurring costs directly attributable to the 30 receipt and disposition of the 911 call. Costs do not include 31 expenditures for any other purpose, and specifically exclude 32 costs attributable to other emergency services or expenditures 33 for buildings or personnel, except for the costs of personnel 34 for database management and personnel directly associated with 35 -4- LSB 1189XD (9) 87 gh/rj 4/ 32
S.F. _____ H.F. _____ addressing. 1 f. Current equipment operated by affected local exchange 2 service providers, and central office equipment and technology 3 upgrades necessary for the provider to implement enhanced 911 4 service within the enhanced 911 service area. 5 g. A schedule for implementation of the plan throughout 6 the E911 service area. The schedule may provide for phased 7 implementation. 8 h. The number of telephone access lines capable of access to 9 911 in the enhanced 911 service area. 10 i. The total property valuation in the enhanced 911 service 11 area. 12 j. A plan to migrate to an internet protocol-enabled next 13 generation network. 14 10. “Geographic information system” or “GIS” means a system 15 designed to capture, store, manipulate, analyze, manage, and 16 present spatial or geographical data. 17 10. 11. “Local exchange carrier” means the same as defined 18 in section 476.96 . 19 11. 12. “Local exchange service provider” means a vendor 20 engaged in providing telecommunications service between 21 points within an exchange and includes but is not limited to 22 a competitive local exchange service provider and a local 23 exchange carrier. 24 13. “Next generation 911 network” means an internet 25 protocol-enabled system that enables the public to transmit 26 digital information to public safety answering points 27 and replaces enhanced 911, and that includes ESInet, GIS, 28 cybersecurity, and other system components. 29 14. “Originating service provider” means a communications 30 provider that allows its users or subscribers to originate 31 911 voice or non-voice messages from the public to public 32 safety answering points, including but not limited to wireline, 33 wireless, and voice over internet protocol services. 34 12. 15. “Prepaid wireless telecommunications service” 35 -5- LSB 1189XD (9) 87 gh/rj 5/ 32
S.F. _____ H.F. _____ means a wireless communications service that provides the 1 right to utilize mobile wireless service as well as other 2 nontelecommunications services, including the download 3 of digital products delivered electronically, content and 4 ancillary services, which must be paid for in advance and that 5 is sold in predetermined units or dollars of which the amount 6 declines with use in a known amount. 7 13. 16. “Program manager” means the E911 911 program 8 manager appointed pursuant to section 34A.2A . 9 14. 17. “Provider” means a vendor who provides, or offers 10 to provide, E911 911 equipment, installation, maintenance, or 11 exchange access services within the enhanced 911 service area. 12 15. 18. “Public or private safety agency” means a unit 13 of state or local government, a special purpose district, 14 or a private firm which provides or has the authority to 15 provide fire fighting, police, ambulance, or emergency medical 16 services, or hazardous materials response. 17 16. 19. “Public safety answering point” means a 18 twenty-four-hour public safety communications facility that 19 receives enhanced 911 service calls and directly dispatches 20 emergency response services or relays calls to the appropriate 21 public or private safety agency. 22 20. “Voice over internet protocol service” means a service to 23 which all of the following apply: 24 a. The service provides real-time two-way voice 25 communications transmitted using internet protocol, or a 26 successor protocol. 27 b. The service is offered to the public, or such classes of 28 users as to be effectively available to the public. 29 c. The service has the capability to originate traffic 30 to, or terminate traffic from, the public switched telephone 31 network or a successor network. 32 17. 21. “Wireless communications service” means commercial 33 mobile radio service. “Wireless communications service” 34 includes any wireless two-way communications used in cellular 35 -6- LSB 1189XD (9) 87 gh/rj 6/ 32
S.F. _____ H.F. _____ telephone service, personal communications service, or the 1 functional or competitive equivalent of a radio-telephone 2 communications line used in cellular telephone service, a 3 personal communications service, or a network access line. 4 “Wireless communications service” does not include a service 5 whose customers do not have access to 911 or 911-like service, 6 a communications channel utilized only for data transmission, 7 or a private telecommunications system. 8 18. 22. “Wireless communications service provider” means a 9 company that offers wireless communications service to users 10 of wireless devices including but not limited to cellular, 11 personal communications services, mobile satellite services, 12 and enhanced specialized mobile radio. 13 19. 23. “Wireless E911 phase 1” means a 911 call made from 14 a wireless device in which the wireless communications service 15 provider delivers the call-back number and address of the 16 tower that received the call to the appropriate public safety 17 answering point. 18 20. 24. “Wireless E911 phase 2” means a 911 call made from 19 a wireless device in which the wireless communications service 20 provider delivers the call-back number and the latitude and 21 longitude coordinates of the wireless device to the appropriate 22 public safety answering point. 23 21. 25. “Wire-line E911 911 service surcharge” means a 24 charge set by the E911 911 service area operating authority 25 and assessed on each wire-line access line which physically 26 terminates within the E911 911 service area in accordance with 27 section 34A.7 . 28 Sec. 3. Section 34A.2A, subsections 1 and 2, Code 2017, are 29 amended to read as follows: 30 1. The director of the department of homeland security 31 and emergency management shall appoint an E911 a 911 program 32 manager to administer this chapter . 33 2. The E911 911 program manager shall act under the 34 supervisory control of the director of the department of 35 -7- LSB 1189XD (9) 87 gh/rj 7/ 32
S.F. _____ H.F. _____ homeland security and emergency management, and in consultation 1 with the E911 911 communications council, and shall perform the 2 duties specifically set forth in this chapter and as assigned 3 by the director. 4 Sec. 4. Section 34A.3, Code 2017, is amended to read as 5 follows: 6 34A.3 Joint E911 911 service board —— 911 service plan —— 7 implementation —— waivers. 8 1. Joint E911 911 service boards —— plans. 9 a. The board of supervisors of each county shall maintain a 10 joint E911 911 service board. 11 (1) Each political subdivision of the state having a 12 public safety agency serving territory within the county is 13 entitled to voting membership on the joint E911 911 service 14 board. For the purposes of this section , a township that 15 operates a volunteer fire department providing fire protection 16 services to the township, or a city which provides fire 17 protection services through the operation of a volunteer 18 fire department not financed through city government, shall 19 be considered a political subdivision of the state having a 20 public safety agency serving territory within the county. Each 21 private safety agency operating within the area is entitled to 22 nonvoting membership on the board. 23 (2) A township that does not operate its own public safety 24 agency, but contracts for the provision of public safety 25 services, is not entitled to membership on the joint E911 911 26 service board, but its contractor is entitled to membership 27 according to the contractor’s status as a public or private 28 safety agency. 29 b. The joint E911 911 service board shall maintain an 30 enhanced a 911 service plan encompassing at minimum the entire 31 county, unless an exemption is granted by the program manager 32 permitting a smaller E911 911 service area. 33 (1) The program manager may grant a discretionary exemption 34 from the single county minimum service area requirement based 35 -8- LSB 1189XD (9) 87 gh/rj 8/ 32
S.F. _____ H.F. _____ upon a joint E911 911 service board’s or other E911 911 service 1 plan operating authority’s presentation of evidence which 2 supports the requested exemption if the program manager finds 3 that local conditions make adherence to the minimum standard 4 unreasonable or technically infeasible and that the purposes 5 of this chapter would be furthered by granting an exemption. 6 The minimum size requirement is intended to prevent unnecessary 7 duplication of public safety answering points and minimize 8 other administrative, personnel, and equipment expenses. 9 (2) The program manager may order the inclusion of a 10 specific territory in an adjoining E911 911 service plan area 11 to avoid the creation by exclusion of a territory smaller than 12 a single county not serviced by surrounding E911 911 service 13 plan areas upon request of the joint E911 911 service board 14 representing the territory. 15 c. The E911 911 service plan operating authority shall 16 submit proposed changes to the plan to all of the following: 17 (1) The program manager. 18 (2) Public and private safety agencies in the enhanced 911 19 service area. 20 (3) Local exchange service providers affected by the 21 enhanced 911 service plan. 22 2. Compliance waivers available in limited circumstances. 23 a. The program manager may extend the time period for plan 24 implementation by issuing a compliance waiver. 25 b. The compliance waiver shall be based upon a joint E911 26 911 service board’s presentation of evidence which supports an 27 extension if the program manager finds that local conditions 28 make implementation financially unreasonable or technically 29 infeasible by the originally scheduled plan of implementation. 30 c. The compliance waiver shall be for a set period of time, 31 and subject to review and renewal or denial of renewal upon its 32 expiration. 33 d. The waiver may cover all or a portion of a 911 service 34 plan’s enhanced 911 service area to facilitate phased 35 -9- LSB 1189XD (9) 87 gh/rj 9/ 32
S.F. _____ H.F. _____ implementation when possible. 1 e. The granting of a compliance waiver does not create 2 a presumption that the identical or similar waiver will be 3 extended in the future. 4 f. Consideration of compliance waivers shall be on a 5 case-by-case basis. 6 3. Chapter 28E agreement —— alternative to joint E911 911 7 service board. 8 a. A legal entity created pursuant to chapter 28E by a 9 county or counties, other political divisions, and public 10 or private agencies to jointly plan, implement, and operate 11 a countywide, or larger, enhanced 911 service system may be 12 substituted for the joint E911 911 service board required under 13 subsection 1 . An alternative legal entity created pursuant to 14 chapter 28E as a substitute for a joint E911 911 service board, 15 as permitted by this subsection , may be created by either: 16 (1) Agreement of the parties entitled to voting membership 17 on a joint E911 911 service board. 18 (2) Agreement of the members of a joint E911 911 service 19 board. 20 b. An alternative chapter 28E entity has all of the powers 21 of a joint E911 911 service board and any additional powers 22 granted by the agreement. As used in this chapter , “joint E911 23 911 service board” includes an alternative chapter 28E entity 24 created for that purpose, except as specifically limited by 25 the chapter 28E agreement or unless clearly provided otherwise 26 in this chapter . A chapter 28E agreement related to E911 911 27 service shall permit the participation of a private safety 28 agency or other persons allowed to participate in a joint E911 29 911 service board, but the terms, scope, and conditions of 30 participation are subject to the chapter 28E agreement. 31 4. Participation in joint E911 911 service board required. A 32 political subdivision having a public or private safety agency 33 within its territory or jurisdiction shall participate in a 34 joint E911 911 service board and cooperate in maintaining the 35 -10- LSB 1189XD (9) 87 gh/rj 10/ 32
S.F. _____ H.F. _____ E911 911 service plan. 1 Sec. 5. Section 34A.4, Code 2017, is amended to read as 2 follows: 3 34A.4 Requirements of pay telephones and other 4 telecommunications devices to allow 911 calls without depositing 5 coins or other charge. 6 In an enhanced a 911 service area, a person shall not install 7 or offer for use within the enhanced 911 service area a pay 8 station telephone or other fixed device unless the telephone or 9 device is capable of making a 911 call without prior insertion 10 of a coin or payment of any other charge, and unless the 11 telephone or device displays notice of free 911 service. 12 Sec. 6. Section 34A.5, Code 2017, is amended to read as 13 follows: 14 34A.5 Private listing subscribers and 911 service. 15 Private listing subscribers in an enhanced a 911 service 16 area waive the privacy afforded by nonlisted or nonpublished 17 numbers to the extent that the name and address associated 18 with the telephone number may be furnished to the enhanced 911 19 service system, for all routing, for automatic retrieval of 20 location information, and for associated emergency services. 21 Sec. 7. Section 34A.7, Code 2017, is amended to read as 22 follows: 23 34A.7 Funding —— wire-line E911 911 service surcharge. 24 When an E911 a 911 service plan is implemented, the costs of 25 providing E911 911 service within an E911 a 911 service area 26 are the responsibility of the joint E911 911 service board and 27 the member political subdivisions. Costs in excess of the 28 amount raised by imposition of the E911 911 service surcharge 29 provided for under subsection 1 shall be paid by the joint 30 E911 911 service board from such revenue sources allocated 31 among the member political subdivisions as determined by the 32 joint E911 911 service board. Funding is not limited to the 33 surcharge, and surcharge revenues may be supplemented by other 34 permissible local and state revenue sources. A joint E911 35 -11- LSB 1189XD (9) 87 gh/rj 11/ 32
S.F. _____ H.F. _____ 911 service board shall not commit a political subdivision to 1 appropriate property tax revenues to fund an E911 a 911 service 2 plan without the consent of the political subdivision. A 3 joint E911 911 service board may approve an E911 a 911 service 4 plan, including a funding formula requiring appropriations by 5 participating political subdivisions, subject to the approval 6 of the funding formula by each political subdivision. However, 7 a political subdivision may agree in advance to appropriate 8 property tax revenues or other moneys according to a formula or 9 plan developed by an alternative chapter 28E entity. 10 1. Local wire-line E911 911 service surcharge imposition. 11 a. To encourage local implementation of E911 911 service, 12 one source of funding for E911 911 emergency communication 13 systems shall come from a surcharge per month, per access line 14 on each access line subscriber, of one dollar. 15 b. The surcharge shall be imposed by order of the program 16 manager as follows: 17 (1) The program manager shall notify a local exchange 18 service provider scheduled to provide exchange access line 19 service to an E911 a 911 service area that implementation of an 20 E911 a 911 service plan has been approved by the joint E911 911 21 service board and that collection of the surcharge is to begin 22 within sixty days. 23 (2) The program manager shall also provide notice to all 24 affected public safety answering points. 25 2. Surcharge collected by local exchange service providers. 26 a. The surcharge shall be collected as part of the access 27 line service provider’s periodic billing to a subscriber. In 28 compensation for the costs of billing and collection, the local 29 exchange service provider may retain one percent of the gross 30 surcharges collected. If the compensation is insufficient to 31 fully recover a local exchange service provider’s costs for 32 billing and collection of the surcharge, the deficiency shall 33 be included in the local exchange service provider’s costs 34 for ratemaking purposes to the extent it is reasonable and 35 -12- LSB 1189XD (9) 87 gh/rj 12/ 32
S.F. _____ H.F. _____ just under section 476.6 . The surcharge shall be remitted to 1 the E911 911 service operating authority for deposit into the 2 E911 911 service fund quarterly by the local exchange service 3 provider. The total amount for multiple exchanges may be 4 combined. 5 b. A local exchange service provider is not liable for an 6 uncollected surcharge for which the local exchange service 7 provider has billed a subscriber but not been paid. The 8 surcharge shall appear as a single line item on a subscriber’s 9 periodic billing entitled, “E911 “911 emergency communications 10 service surcharge”. 11 c. The joint E911 911 service board may request, not more 12 than once each quarter, the following information from the 13 local exchange service provider: 14 (1) The identity of the exchange from which the surcharge 15 is collected. 16 (2) The number of lines to which the surcharge was applied 17 for the quarter. 18 (3) The number of refusals to pay per exchange if 19 applicable. 20 (4) Write-offs applied per exchange if applicable. 21 (5) The number of lines exempt per exchange. 22 (6) The amount retained by the local exchange service 23 provider generated from the one percent administration fee. 24 d. Access line counts and surcharge remittances are 25 confidential public records as provided in section 34A.8 . 26 3. Maximum limit per subscriber billing for surcharge. An 27 individual subscriber shall not be required to pay on a single 28 periodic billing the surcharge on more than one hundred access 29 lines, or their equivalent, in an E911 a 911 service area. A 30 subscriber shall pay the surcharge in each E911 911 service 31 area in which the subscriber receives access line service. 32 4. E911 911 service fund. Each joint E911 911 service board 33 shall establish and maintain as a separate account an E911 a 34 911 service fund. Any funds remaining in the account at the 35 -13- LSB 1189XD (9) 87 gh/rj 13/ 32
S.F. _____ H.F. _____ end of each fiscal year shall not revert to the general funds 1 of the member political subdivisions, except as provided in 2 subsection 5 , but shall remain in the E911 911 service fund. 3 Moneys in an E911 a 911 service fund may only be used for 4 nonrecurring and recurring costs of the E911 911 service plan 5 as approved by the program manager, as those terms are defined 6 by section 34A.2 . 7 5. Use of moneys in fund —— priority and limitations on 8 expenditure. 9 a. Moneys deposited in the E911 a 911 service fund shall be 10 used for the repayment of any bonds issued for the benefit of 11 or loan made to the joint E911 911 service board pursuant to 12 sections 34A.20 through 34A.22 , and as long as any such bond 13 or loan remains unpaid the surcharge shall not be reduced or 14 eliminated. Moneys deposited in the fund shall be subject to 15 such terms and conditions as may be contained in the relevant 16 bond documents, trust indenture, resolution, loan agreement, or 17 other instrument pursuant to which bonds are issued or a loan 18 is made, without regard to any limitation otherwise provided 19 by law. 20 b. Moneys deposited in the E911 a 911 service fund shall be 21 used for the following, in order of priority if paragraph “a” 22 does not apply: 23 (1) Money shall first be spent for actual recurring costs of 24 operating the E911 911 service plan. 25 (2) If money remains in the fund after fully paying for 26 recurring costs incurred in the preceding year, the remainder 27 may be spent to pay for nonrecurring costs, not to exceed 28 actual nonrecurring costs as approved by the program manager. 29 (3) If money remains in the fund after fully paying 30 obligations under subparagraphs (1) and (2), the remainder may 31 be accumulated in the fund as a carryover operating surplus. 32 6. Limitation of actions —— provider not liable on cause of 33 action related to provision of 911 services. A claim or cause 34 of action does not exist based upon or arising out of an act or 35 -14- LSB 1189XD (9) 87 gh/rj 14/ 32
S.F. _____ H.F. _____ omission in connection with a land-line or wireless provider’s 1 participation in an E911 a 911 service plan or provision of 911 2 or local exchange access service, unless the act or omission is 3 determined to be willful and wanton negligence. 4 Sec. 8. Section 34A.7A, Code 2017, is amended to read as 5 follows: 6 34A.7A Emergency communications service surcharge —— fund 7 established —— distribution and permissible expenditures. 8 1. a. The director shall adopt by rule a monthly surcharge 9 of one dollar to be imposed on each communications originating 10 service number provided in this state. The surcharge shall 11 be imposed uniformly on a statewide basis and simultaneously 12 on all communications originating service numbers as provided 13 by rule of the director. The surcharge shall not be imposed 14 on wire-line-based communications or prepaid wireless 15 telecommunications service. 16 b. The program manager shall provide no less than 17 sixty days’ notice of the surcharge to be imposed to each 18 communications originating service provider. 19 c. (1) The surcharge shall be collected as part of the 20 communications originating service provider’s periodic billing 21 to a subscriber. The surcharge shall appear as a single line 22 item on a subscriber’s periodic billing indicating that the 23 surcharge is for E911 911 emergency communications service. 24 (2) In compensation for the costs of billing and collection, 25 the communications originating service provider may retain one 26 percent of the gross surcharges collected. 27 (3) The surcharges shall be remitted quarterly by the 28 communications originating service provider to the program 29 manager for deposit into the fund established in subsection 2 . 30 (4) A communications An originating service provider 31 is not liable for an uncollected surcharge for which the 32 communications originating service provider has billed a 33 subscriber but which has not been paid. 34 2. Moneys collected pursuant to subsection 1 and section 35 -15- LSB 1189XD (9) 87 gh/rj 15/ 32
S.F. _____ H.F. _____ 34A.7B, subsection 2 , shall be deposited in a separate E911 1 911 emergency communications fund within the state treasury 2 under the control of the program manager. Section 8.33 shall 3 not apply to moneys in the fund. Moneys earned as income, 4 including as interest, from the fund shall remain in the fund 5 until expended as provided in this section . Moneys in the fund 6 shall be expended and distributed in the following priority 7 order: 8 a. An amount as appropriated by the general assembly to the 9 director shall be allocated to the director and program manager 10 for implementation, support, and maintenance of the functions 11 of the director and program manager and to employ the auditor 12 of state to perform an annual audit of the E911 911 emergency 13 communications fund. 14 b. (1) The program manager shall allocate to each joint 15 E911 911 service board and to the department of public safety a 16 minimum of one thousand dollars per calendar quarter for each 17 public safety answering point within the service area of the 18 department of public safety or joint E911 911 service board 19 that has submitted an annual written request to the program 20 manager in a form approved by the program manager by May 15 of 21 each year. 22 (2) The amount allocated under this paragraph “b” shall be 23 sixty percent of the total amount of surcharge generated per 24 calendar quarter allocated as follows: 25 (a) Sixty-five percent of the total dollars available for 26 allocation shall be allocated in proportion to the square miles 27 of the service area to the total square miles in this state. 28 (b) Thirty-five percent of the total dollars available for 29 allocation shall be allocated in proportion to the wireless 30 E911 911 calls taken at the public safety answering point in 31 the service area to the total number of wireless E911 911 calls 32 originating in this state. 33 (c) Notwithstanding subparagraph divisions (a) and (b), the 34 minimum amount allocated to each joint E911 911 service board 35 -16- LSB 1189XD (9) 87 gh/rj 16/ 32
S.F. _____ H.F. _____ and to the department of public safety shall be no less than 1 one thousand dollars for each public safety answering point 2 within the service area of the department of public safety or 3 joint E911 911 service board. 4 (3) The funds allocated in this paragraph “b” shall be 5 used by the public safety answering points for the receipt and 6 disposition of 911 calls. 7 c. From July 1, 2013, until June 30, 2026, the program 8 manager shall allocate ten percent of the total amount of 9 surcharge generated to wireless carriers to recover their costs 10 to deliver E911 phase 1 services. If the allocation in this 11 paragraph is insufficient to reimburse all wireless carriers 12 for such carrier’s eligible expenses, the program manager 13 shall allocate a prorated amount to each wireless carrier 14 equal to the percentage of such carrier’s eligible expenses as 15 compared to the total of all eligible expenses for all wireless 16 carriers for the calendar quarter during which such expenses 17 were submitted. When prorated expenses are paid, the remaining 18 unpaid expenses shall no longer be eligible for payment under 19 this paragraph. 20 d. (1) The program manager shall reimburse communications 21 originating service providers on a calendar quarter basis for 22 carriers’ eligible expenses for transport costs between the 23 selective router and the public safety answering points related 24 to the delivery of wireless E911 phase 1 services and the 25 integration of an internet protocol-enabled the next generation 26 911 network. 27 (2) The program manager may also provide grants to joint 28 911 service boards and the department of public safety for the 29 purpose of developing and maintaining GIS data to be used in 30 support of the next generation 911 network. 31 e. The program manager shall reimburse wire-line carriers 32 and third-party E911 911 automatic location information 33 identification database providers on a calendar quarterly 34 basis for the costs of maintaining and upgrading the E911 911 35 -17- LSB 1189XD (9) 87 gh/rj 17/ 32
S.F. _____ H.F. _____ components and functionalities beyond the input to the E911 911 1 selective router, including the E911 911 selective router and 2 the automatic location information identification database. 3 f. The department of homeland security and emergency 4 management may, in a reserve account established within the 5 E911 911 emergency communications fund, credit each fiscal 6 year an amount of up to twelve and one-half percent of the 7 annual 911 emergency communications service surcharge collected 8 pursuant to subsection 1 and the prepaid wireless E911 911 9 surcharge collected pursuant to section 34A.7B, subsection 2 . 10 However, the moneys contained in such reserve account shall 11 not exceed twelve and one-half percent of the total surcharges 12 collected for each fiscal year. Moneys credited to the reserve 13 account shall only be used by the department for the purpose of 14 repairing or replacing equipment in the event of a catastrophic 15 equipment failure, as determined by the director. 16 g. The program manager shall allocate four million three 17 hundred eighty-three thousand dollars to the department of 18 public safety in the fiscal year beginning July 1, 2016, and 19 ending June 30, 2017, for payments and other costs due under 20 a financing agreement entered into by the treasurer of state 21 for building the statewide interoperable communications system 22 pursuant to section 29C.23, subsection 2 . 23 h. g. (1) If moneys remain in the fund after fully paying 24 all obligations under paragraphs “a” , “b” , “c” , “d” , “e” , and 25 “f” , and “g” , an amount of up to four seven million four hundred 26 thousand dollars shall, for the fiscal year beginning July 27 1, 2016 2017 , and ending June 30, 2017 2018 , be expended and 28 distributed in the following priority order: 29 (a) (i) The director, in consultation with the program 30 manager and the E911 911 communications council, may provide 31 grants to any public safety answering point agreeing to 32 consolidate. For purposes of this subparagraph division, 33 “consolidate” means the consolidation of all public safety 34 answering point systems, functions, enhanced 911 service areas, 35 -18- LSB 1189XD (9) 87 gh/rj 18/ 32
S.F. _____ H.F. _____ and physical facilities of two or more public safety answering 1 points, resulting in the consolidated public safety answering 2 point being responsible for all call answering and dispatch 3 functions for the combined enhanced 911 service area , or the 4 consolidation of two or more public safety answering points 5 utilizing shared services technology to combine public safety 6 answering point systems, including but not limited to 911 7 call processing equipment, computer-aided dispatch, mapping, 8 radio, and logging recorders . Such a grant to a public safety 9 answering point shall not exceed one-half of the projected cost 10 of consolidation, or two hundred thousand dollars, whichever 11 is less. 12 (ii) Grants provided under this subparagraph may, subject 13 to available funding, be provided until June 30, 2022. 14 (iii) The director, in consultation with the program 15 manager and the E911 911 communications council, shall 16 adopt rules governing the eligibility for and the E911 911 17 communications council’s distribution of grants to public 18 safety answering points pursuant to this subparagraph division. 19 (b) The program manager, in consultation with the E911 911 20 communications council, shall allocate an amount, not to exceed 21 one hundred thousand dollars per fiscal year, for development 22 of public awareness and educational programs related to the 23 use of 911 by the public, educational programs for personnel 24 responsible for the maintenance, operation, and upgrading of 25 local E911 911 systems, and the expenses of members of the E911 26 911 communications council for travel, monthly meetings, and 27 training, provided, however, that the members have not received 28 reimbursement funds for such expenses from another source. 29 (c) The program manager shall may allocate an equal amount 30 of moneys to each public safety answering point for the 31 following costs : related to the receipt and disposition of 911 32 calls, including hardware and software for the next generation 33 911 network. 34 (i) Costs related to the receipt and disposition of 35 -19- LSB 1189XD (9) 87 gh/rj 19/ 32
S.F. _____ H.F. _____ 911 calls, including hardware and software for an internet 1 protocol-enabled next generation 911 network. 2 (ii) Local costs related to access the state’s 3 interoperable communications system. 4 (2) Notwithstanding section 8.33 , any moneys remaining in 5 the fund at the end of each fiscal year shall not revert to the 6 general fund of the state but shall remain available for the 7 purposes of the fund. 8 i. The director, in consultation with the program manager 9 and the E911 911 communications council, shall adopt rules 10 pursuant to chapter 17A governing the distribution of 11 the surcharge collected and distributed pursuant to this 12 subsection . The rules shall include provisions that all joint 13 E911 911 service boards and the department of public safety 14 which answer or service wireless E911 911 calls are eligible to 15 receive an equitable portion of the receipts. 16 3. a. The program manager shall submit an annual 17 report by January 15 of each year to the general assembly’s 18 standing committees on government oversight advising the 19 general assembly of the status of E911 911 implementation and 20 operations, including both wire-line and wireless services, the 21 distribution of surcharge receipts, and an accounting of the 22 revenues and expenses of the E911 911 program. 23 b. The program manager shall submit a calendar quarter 24 report of the revenues and expenses of the E911 911 program 25 to the fiscal services division of the legislative services 26 agency. 27 c. The general assembly’s standing committees on government 28 oversight shall review the priorities of distribution of funds 29 under this chapter at least every two years. 30 4. The amount collected from a communications an 31 originating service provider and deposited in the fund, 32 pursuant to section 22.7, subsection 6 , information provided by 33 a communications an originating service provider to the program 34 manager consisting of trade secrets, pursuant to section 22.7, 35 -20- LSB 1189XD (9) 87 gh/rj 20/ 32
S.F. _____ H.F. _____ subsection 3 , and other financial or commercial operations 1 information provided by a communications an originating service 2 provider to the program manager, shall be kept confidential as 3 provided under section 22.7 . This subsection does not prohibit 4 the inclusion of information in any report providing aggregate 5 amounts and information which does not identify numbers of 6 accounts or customers, revenues, or expenses attributable to an 7 individual communications originating service provider. 8 5. a. The program manager, in consultation with the 9 E911 911 communications council and the auditor of state, 10 shall establish a methodology for determining and collecting 11 comprehensive public safety answering point cost and expense 12 data through the county joint E911 911 service boards. The 13 methodology shall include the collection of data for all costs 14 and expenses related to the operation of a public safety 15 answering point and account for the extent to which identified 16 costs and expenses are compensated for or addressed through 17 E911 911 surcharges versus other sources of funding. 18 b. Data collection pursuant to paragraph “a” shall commence 19 no later than January 1, 2014, and shall be subject to an audit 20 by the auditor of state beginning July 1, 2014. The program 21 manager shall prepare a report detailing the methodology 22 developed and the data collected after such data has been 23 collected for a two-year period. The report and the results of 24 the initial audit shall be submitted to the general assembly by 25 March 1, 2016. A new report regarding data collection and the 26 results of an ongoing audit for each successive two-year period 27 shall be submitted by March 1 every two years thereafter. 28 Expenses associated with the audit shall be paid to the auditor 29 of state by the program manager from the E911 911 emergency 30 communications fund established in subsection 2 . 31 c. A county joint E911 911 service board which fails 32 to submit expenses and costs pursuant to the methodology 33 developed pursuant to paragraph “a” by March 31 of each year 34 shall be allocated sixty-five cents out of the one dollar 35 -21- LSB 1189XD (9) 87 gh/rj 21/ 32
S.F. _____ H.F. _____ 911 emergency communications service surcharge until March 1 31 of the following year. Remaining funds shall be held in 2 the carryover operating surplus fund until the expenses and 3 cost report is submitted by the county joint E911 911 service 4 board. If the county joint E911 911 service board submits the 5 expense and cost report before March 30 of the following year, 6 the set aside funds shall be provided to the county joint E911 7 911 service board. If the county joint E911 911 service board 8 fails to submit the expense and cost report within one year, 9 funds shall revert to the carryover operating surplus fund and 10 be used in accordance with subsection 2, paragraph “h” “g” . 11 Sec. 9. Section 34A.7B, Code 2017, is amended to read as 12 follows: 13 34A.7B Prepaid wireless E911 911 surcharge. 14 1. As used in this section , unless the context otherwise 15 requires: 16 a. “Consumer” means a person who purchases prepaid wireless 17 telecommunications service in a retail transaction. 18 b. “Department” means the department of revenue. 19 c. “Prepaid wireless E911 911 surcharge” means the surcharge 20 that is required to be collected by a seller from a consumer in 21 the amount established under this section . 22 d. “Provider” means a person who provides prepaid wireless 23 telecommunications service pursuant to a license issued by the 24 federal communications commission. 25 e. “Retail transaction” means the purchase of prepaid 26 wireless telecommunications service from a seller for any 27 purpose other than resale. 28 f. “Seller” means a person who sells prepaid wireless 29 telecommunications service to another person. 30 2. There is imposed a prepaid wireless E911 911 surcharge of 31 thirty-three cents on each retail transaction or, on or after 32 the determination of an adjusted rate as determined pursuant to 33 subsection 7 , the adjusted rate. 34 3. The prepaid wireless E911 911 surcharge shall be 35 -22- LSB 1189XD (9) 87 gh/rj 22/ 32
S.F. _____ H.F. _____ collected by the seller from the consumer with respect to each 1 retail transaction occurring in this state. The amount of the 2 prepaid wireless E911 911 surcharge shall be either separately 3 stated on an invoice, receipt, or other similar document 4 that is provided to the consumer by the seller, or otherwise 5 disclosed to the consumer. 6 4. For purposes of subsection 3 , a retail transaction that 7 is effected in person by a consumer at a business location 8 of the seller shall be treated as occurring in this state if 9 that business location is in this state, and any other retail 10 transaction shall be treated as occurring in this state if the 11 retail transaction is treated as occurring in this state for 12 purposes of section 423.20 as that section applies to sourcing 13 of a prepaid wireless calling service. 14 5. The prepaid wireless E911 911 surcharge is the liability 15 of the consumer and not of the seller or of any provider, 16 except that the seller shall be liable to remit all prepaid 17 wireless E911 911 surcharges that the seller collects from 18 consumers as provided in subsection 3 , including all such 19 surcharges that the seller is deemed to collect where the 20 amount of the surcharge has not been separately stated on an 21 invoice, receipt, or other similar document provided to the 22 consumer by the seller. 23 6. The amount of the prepaid wireless E911 911 surcharge 24 that is collected by a seller from a consumer, if such amount 25 is separately stated on an invoice, receipt, or other similar 26 document provided to the consumer by the seller, shall not 27 be included in the base for measuring any tax, fee, other 28 surcharge, or other charge that is imposed by this state, any 29 political subdivision of this state, or any intergovernmental 30 agency. 31 7. The prepaid wireless E911 911 surcharge shall be 32 increased or reduced, as applicable, in an amount proportionate 33 to any change to the surcharge imposed under section 34A.7A, 34 subsection 1 . The proportional increase or reduction shall 35 -23- LSB 1189XD (9) 87 gh/rj 23/ 32
S.F. _____ H.F. _____ be effective on the first day of the calendar month after the 1 effective date of the change to the surcharge imposed under 2 section 34A.7A, subsection 1 . The department shall provide 3 not less than thirty days’ advance notice of such increase or 4 reduction on the department’s internet site. 5 8. If a minimal amount of prepaid wireless 6 telecommunications service is sold with a prepaid wireless 7 device for a single, nonitemized price, the seller may elect 8 not to apply the prepaid wireless E911 911 surcharge to the 9 retail transaction. For purposes of this subsection , an amount 10 of service denominated as ten minutes or less, or five dollars 11 or less, shall be regarded as a minimal amount of service. 12 9. Prepaid wireless E911 911 surcharges collected by 13 sellers shall be remitted to the department at the times and in 14 the manner provided by chapter 423 with respect to the sales 15 and use tax. The department shall establish registration 16 and payment procedures that substantially coincide with the 17 registration and payment procedures that apply to sellers under 18 chapter 423 . 19 10. A seller may deduct and retain three percent of prepaid 20 wireless E911 911 surcharges that are collected by the seller 21 from consumers. 22 11. The audit, appeal, collection, and enforcement 23 procedures and other pertinent provisions applicable to the 24 sales and use tax imposed under chapter 423 shall apply to 25 prepaid wireless E911 911 surcharges. 26 12. The department shall establish procedures by which 27 a seller of prepaid wireless telecommunications service 28 may document that a sale is not a retail transaction, which 29 procedures shall substantially coincide with the procedures for 30 documenting sale for resale transactions under chapter 423 . 31 13. The department shall transfer all remitted prepaid 32 wireless E911 911 surcharges to the treasurer of state for 33 deposit in the E911 911 emergency communications fund created 34 under section 34A.7A, subsection 2 , within thirty days of 35 -24- LSB 1189XD (9) 87 gh/rj 24/ 32
S.F. _____ H.F. _____ receipt after deducting an amount, not to exceed two percent of 1 collected surcharges, that shall be retained by the department 2 to reimburse its direct costs of administering the collection 3 and remittance of prepaid wireless E911 911 surcharges. 4 14. The limitation of actions provisions under section 5 34A.7, subsection 6 , shall apply to providers and sellers of 6 prepaid wireless telecommunications service. In addition, 7 a provider or seller of prepaid wireless telecommunications 8 service shall not be liable for damages to any person resulting 9 from or incurred in connection with the provision of any lawful 10 assistance to any investigative or law enforcement officer of 11 the United States, this or any other state, or any political 12 subdivision of this or any other state, in connection with any 13 lawful investigation or other law enforcement activity by such 14 investigative or law enforcement officer. 15 15. The prepaid wireless E911 911 surcharge imposed 16 pursuant to this section shall be the only E911 911 funding 17 obligation imposed with respect to prepaid wireless 18 telecommunications service in this state, and no tax, fee, 19 surcharge, or other charge shall be imposed by this state, any 20 political subdivision of this state, or any intergovernmental 21 agency, for E911 911 funding purposes, upon any provider, 22 seller, or consumer with respect to the sale, purchase, use, or 23 provision of prepaid wireless telecommunications service. 24 Sec. 10. Section 34A.8, Code 2017, is amended to read as 25 follows: 26 34A.8 Local exchange service information —— penalty. 27 1. A local exchange service provider shall furnish to the 28 E911 911 service provider, designated by the joint E911 911 29 service board, all names, addresses, and telephone number 30 information concerning its subscribers which will be served 31 by the E911 911 system and shall periodically update the 32 local exchange service information. The E911 911 service 33 provider shall furnish the addresses and telephone number 34 information received from the local exchange service provider 35 -25- LSB 1189XD (9) 87 gh/rj 25/ 32
S.F. _____ H.F. _____ to the director for use in the mass notification and emergency 1 messaging system as defined in section 29C.2 . The local 2 exchange service provider shall receive as compensation for 3 the provision of local exchange service information charges 4 according to its tariffs on file with and approved by the Iowa 5 utilities board. The tariff charges shall be the same whether 6 or not the local exchange service provider is designated as the 7 E911 911 service provider by the joint E911 911 service board. 8 2. a. Subscriber information remains the property of the 9 local exchange service provider. 10 b. The director, program manager, joint E911 911 service 11 board, local emergency management commission established 12 pursuant to section 29C.9 , the designated E911 911 service 13 provider, and the public safety answering point, their agents, 14 employees, and assigns shall use local exchange service 15 information provided by the local exchange service provider 16 solely for the purposes of providing E911 911 emergency 17 telephone service or providing related mass notification and 18 emergency messaging services as described in section 29C.17A 19 utilizing only the subscriber’s information, and it shall 20 otherwise be kept confidential. A person who violates this 21 section is guilty of a simple misdemeanor. 22 c. This chapter does not require a local exchange service 23 provider to sell or provide its subscriber names, addresses, or 24 telephone number information to any person other than the E911 25 911 service provider designated by the joint E911 911 service 26 board. 27 Sec. 11. Section 34A.10, Code 2017, is amended to read as 28 follows: 29 34A.10 E911 selective router Next generation 911 network 30 access . 31 On and after July 1, 2004 2017 , only the program manager 32 shall approve access to the E911 selective router next 33 generation 911 network . 34 Sec. 12. Section 34A.11, Code 2017, is amended to read as 35 -26- LSB 1189XD (9) 87 gh/rj 26/ 32
S.F. _____ H.F. _____ follows: 1 34A.11 Communications —— single point-of-contact. 2 1. The joint E911 911 service board in each enhanced 911 3 service area shall designate a person to serve as a single 4 point-of-contact to facilitate the communication of needs, 5 issues, or concerns regarding emergency communications, 6 interoperability, and other matters applicable to emergency 7 E911 911 communications and migration to an internet 8 protocol-enabled the next generation 911 network. The person 9 designated as the single point-of-contact shall be responsible 10 for facilitating the communication of such needs, issues, or 11 concerns between public or private safety agencies within 12 the service area, the E911 911 program manager, the E911 13 911 communications council, the statewide interoperable 14 communications system board established in section 80.28 , 15 and any other person, entity, or agency the person deems 16 necessary or appropriate. The person designated shall also 17 be responsible for responding to surveys or requests for 18 information applicable to the service area received from a 19 federal, state, or local agency, entity, or board. 20 2. In the event a joint E911 911 service board fails to 21 designate a single point-of-contact by November 1, 2013, the 22 chairperson of the joint E911 911 service board shall serve in 23 that capacity. The E911 911 service board shall submit the 24 name and contact information for the person designated as the 25 single point-of-contact to the E911 911 program manager by 26 January 1 annually. 27 3. The provisions of this section shall be equally 28 applicable to an alternative legal entity created pursuant to 29 chapter 28E if such an entity is established as an alternative 30 to a joint E911 911 service board as provided in section 31 34A.3 . If such an entity is established, the governing body 32 of that entity shall designate the single point-of-contact for 33 the entity, and the chairperson or representative official 34 of the governing body shall serve in the event a single 35 -27- LSB 1189XD (9) 87 gh/rj 27/ 32
S.F. _____ H.F. _____ point-of-contact is not designated. 1 Sec. 13. Section 34A.15, subsection 1, unnumbered paragraph 2 1, Code 2017, is amended to read as follows: 3 An E911 A 911 communications council is established. The 4 council consists of the following thirteen fourteen members: 5 Sec. 14. Section 34A.15, subsection 1, Code 2017, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . l. One person appointed by the Iowa 8 geographic information council established by executive order 9 of the governor. 10 Sec. 15. Section 34A.20, Code 2017, is amended to read as 11 follows: 12 34A.20 E911 911 financing program —— definitions —— funding 13 —— bonds and notes. 14 1. As used in this subchapter , unless the context otherwise 15 requires, “authority” means the Iowa finance authority. 16 2. The authority shall cooperate with the director in the 17 creation, administration, and funding of the E911 911 program 18 established in subchapter I . 19 3. The authority may issue its bonds and notes for the 20 purpose of funding E911 911 nonrecurring and recurring costs of 21 one or more E911 911 service areas. 22 4. The authority may issue its bonds and notes for the 23 purposes of this chapter and may enter into one or more lending 24 agreements or purchase agreements with one or more bondholders 25 or noteholders containing the terms and conditions of the 26 repayment of and the security for the bonds or notes. The 27 authority and the bondholders or noteholders or a trustee 28 agent designated by the authority may enter into agreements to 29 provide for any of the following: 30 a. That the proceeds of the bonds and notes and the 31 investments of the proceeds may be received, held, and 32 disbursed by the authority or by a trustee or agent designated 33 by the authority. 34 b. That the bondholders or noteholders or a trustee or 35 -28- LSB 1189XD (9) 87 gh/rj 28/ 32
S.F. _____ H.F. _____ agent designated by the authority may collect, invest, and 1 apply the amount payable under the loan agreements or any 2 other instruments securing the debt obligations under the loan 3 agreements. 4 c. That the bondholders or noteholders may enforce the 5 remedies provided in the loan agreements or other instruments 6 on their own behalf without the appointment or designation of a 7 trustee. If there is a default in the principal of or interest 8 on the bonds or notes or in the performance of any agreement 9 contained in the loan agreements or other instruments, the 10 payment or performance may be enforced in accordance with the 11 loan agreement or other instrument. 12 d. Other terms and conditions as deemed necessary or 13 appropriate by the authority. 14 5. The powers granted the authority under this section are 15 in addition to other powers contained in chapter 16 . All other 16 provisions of chapter 16 , except section 16.28, subsection 17 4 , apply to bonds or notes issued and powers granted to the 18 authority under this section , except to the extent they are 19 inconsistent with this section . 20 6. All bonds or notes issued by the authority in connection 21 with the program are exempt from taxation by this state and the 22 interest on the bonds or notes is exempt from state income tax, 23 both personal and corporate. 24 Sec. 16. Section 34A.21, subsection 1, paragraph c, Code 25 2017, is amended to read as follows: 26 c. The amounts on deposit in the E911 911 service fund of 27 a joint E911 911 service board, including, but not limited to 28 revenues from a local option E911 911 service surcharge. 29 Sec. 17. PLAN FOR CONSOLIDATION OF NEXT GENERATION 911 30 NETWORK. The department of homeland security and emergency 31 management shall develop a plan that identifies the process 32 required to combine the wireline 911 network with the next 33 generation 911 network. The plan shall describe anticipated 34 costs associated with the development, deployment, operation, 35 -29- LSB 1189XD (9) 87 gh/rj 29/ 32
S.F. _____ H.F. _____ and maintenance of the combined next generation 911 network, 1 and how the surcharges provided in chapter 34A may support 2 implementation of such plan. The plan shall provide for the 3 combined next generation 911 system to utilize shared services 4 technology for the virtual consolidation of public safety 5 answering point call processing equipment. The plan shall 6 include suggested amendments to chapter 34A that may be needed 7 to allow the implementation of the plan. The department shall 8 submit the plan to the general assembly no later than January 9 15, 2018. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill modifies several provisions in Code chapter 34A 14 that relate to 911 emergency telephone communication systems. 15 The bill makes several changes to the terminology used is 16 Code chapter 34A. The bill replaces the word “E911” with “911” 17 throughout Code chapter 34A, except in certain circumstances. 18 The bill removes the word “enhanced” from the definitions of 19 “enhanced 911 service area” and “enhanced 911 service plan”, 20 and removes the word “enhanced” in all corresponding uses of 21 these terms in Code chapter 34A. “Enhanced” is also removed 22 from all uses of the term “enhanced 911 emergency telephone 23 communication systems” in Code chapter 34A. The bill replaces 24 the word “E911” with “911” throughout Code chapter 34A, except 25 in certain circumstances. The bill defines “emergency services 26 internet protocol network” or “ESInet” to mean a system using 27 broadband technology capable of transmitting varying types of 28 data that can be shared by all public safety agencies involved 29 in an emergency. The bill defines “geographic information 30 system” or “GIS” to mean a system designed to capture, store, 31 manipulate, analyze, and present spatial or geographical 32 data. The bill defines “next generation 911 network” to mean 33 an internet protocol-enabled system that allows the public 34 to transmit digital information to public safety answering 35 -30- LSB 1189XD (9) 87 gh/rj 30/ 32
S.F. _____ H.F. _____ points (PSAPs) and that replaces enhanced 911. The bill 1 replaces all references to an “internet protocol enabled next 2 generation network” contained in Code chapter 34A with “next 3 generation 911 network”. The bill defines “originating service 4 provider” to mean a communications provider that allows its 5 users to originate 911 messages from the public to public 6 safety answering points. The bill removes the definition of 7 “communications service provider” and replaces “communications 8 service provider” with “originating service provider” in all 9 corresponding uses of this term in Code chapter 34A. The bill 10 adds a definition of “voice over internet protocol service” to 11 mean the same as defined in Code section 68A.506. 12 The bill modifies several provisions in Code section 34A.7A, 13 which relates to the distribution and permissible expenditures 14 of the 911 emergency communications service surcharge. The 15 bill allows the 911 program manager to provide grants to 911 16 service boards and the department of public safety (DPS) to 17 develop and maintain GIS data to support a next generation 18 911 network. The bill removes the allocation of $4,383,000 19 to DPS for costs due under a financing agreement to build 20 the statewide interoperable communications system. The bill 21 allocates $7 million for distribution to the obligations listed 22 in Code section 34A.7A(2)(h) for the fiscal year beginning July 23 1, 2017. The bill limits the definition of consolidate with 24 respect to grants provided to PSAPs agreeing to consolidate. 25 The bill makes appropriations to PSAPs for costs related to 26 the receipt and disposition of 911 calls optional, which may 27 include costs related to access the state’s interoperable 28 communications system, and removes the specific allocation 29 to PSAPs for local costs related to access the state’s 30 interoperable communications system. 31 The bill adds a fourteenth member to the 911 communications 32 council who is to be appointed by the Iowa geographic 33 information council. 34 The bill requires the department of homeland security 35 -31- LSB 1189XD (9) 87 gh/rj 31/ 32
S.F. _____ H.F. _____ and emergency management to develop a plan to combine the 1 wireline 911 network with the next generation 911 network. The 2 plan must describe anticipated costs, use of surcharges, and 3 utilization of shared services technology. The plan must also 4 include suggested amendments to Code chapter 34A to allow the 5 implementation of the plan. The department must submit the 6 plan to the general assembly no later than January 15, 2018. 7 -32- LSB 1189XD (9) 87 gh/rj 32/ 32