House File 2434
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HSB 681)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act to update and modify the enhanced 911 emergency telephone
2 communications system.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6446HV 80
5 kk/sh/8
PAG LIN
1 1 Section 1. Section 34A.1, Code 2003, is amended to read as
1 2 follows:
1 3 34A.1 PURPOSE.
1 4 The legislature general assembly finds that enhanced 911
1 5 emergency telephone communication systems and other emergency
1 6 911 notification devices further the public interest and
1 7 protect the health, safety, and welfare of the people of Iowa.
1 8 The purpose of this chapter is to enable the orderly
1 9 development, installation, and operation of enhanced 911
1 10 emergency telephone communication systems and other emergency
1 11 911 notification devices statewide. These systems are to be
1 12 operated under governmental management and control for the
1 13 public benefit.
1 14 Sec. 2. Section 34A.2, Code 2003, is amended to read as
1 15 follows:
1 16 34A.2 DEFINITIONS.
1 17 As used in this chapter, unless the context otherwise
1 18 requires:
1 19 1. "Access line" means a local an exchange access line
1 20 that has the ability to access local dial tone and reach a
1 21 local public safety agency answering point.
1 22 2. "Administrator" means the E911 administrator appointed
1 23 pursuant to section 34A.2A of the homeland security and
1 24 emergency management division of the department of public
1 25 defense.
1 26 3. "Competitive local exchange service provider" means the
1 27 same as defined in section 476.96.
1 28 4. "Emergency 911 notification device" means a product
1 29 capable of accessing a public safety answering point through
1 30 the 911 system.
1 31 3. 5. "Enhanced 911" or "E911" means a service which that
1 32 provides the user of a public telephone system communications
1 33 service with the ability to reach a public safety answering
1 34 point by dialing the digits 911, and which that has the
1 35 following additional features:
2 1 a. Routes an incoming 911 call to the appropriate public
2 2 safety answering point selected from the public safety
2 3 answering points operating in a 911 service area.
2 4 b. Automatically provides voice, displays the name,
2 5 address or location, and telephone number of an incoming 911
2 6 call and public safety agency servicing the address on a video
2 7 monitor at the appropriate public safety answering point
2 8 location.
2 9 4. 6. "Enhanced 911 service area" means the geographic
2 10 area to be serviced, or currently serviced under an enhanced
2 11 911 service plan, provided that an enhanced 911 service area
2 12 must at minimum encompass one entire county. The enhanced 911
2 13 service area may encompass more than one county, and need not
2 14 be restricted to county boundaries.
2 15 5. 7. "Enhanced 911 service plan" means a plan that
2 16 includes the following information:
2 17 a. A description of the enhanced 911 service area.
2 18 b. A list of all public and private safety agencies within
2 19 the enhanced 911 service area.
2 20 c. The number of public safety answering points within the
2 21 enhanced 911 service area.
2 22 d. Identification of the agency responsible for management
2 23 and supervision of the enhanced 911 emergency telephone
2 24 communication system.
2 25 e. A statement of estimated costs to be incurred by the
2 26 joint E911 service board or the department of public safety,
2 27 including separate estimates of the following:
2 28 (1) Nonrecurring costs, including, but not limited to,
2 29 public safety answering points, network equipment, software,
2 30 database, addressing, initial training, and other capital and
2 31 start=up expenditures, including the purchase or lease of
2 32 subscriber names, addresses, and telephone information from
2 33 the local exchange service provider.
2 34 (2) Recurring costs, including, but not limited to,
2 35 network access fees and other telephone charges, software,
3 1 equipment, and database management, and maintenance, including
3 2 the purchase or lease of subscriber names, addresses, and
3 3 telephone information from the local exchange service
3 4 provider. Recurring costs shall not include personnel costs
3 5 for a public safety answering point.
3 6 Funds deposited in an E911 service fund shall be are
3 7 appropriated and shall be used for the payment of costs which
3 8 that are limited to nonrecurring and recurring costs directly
3 9 attributable to the provision of 911 emergency telephone
3 10 communication service and may include costs for portable and
3 11 vehicle radios, communication towers and associated equipment,
3 12 and other radios and associated equipment permanently located
3 13 at the public safety answering point and as directed by either
3 14 the joint E911 service board or the department of public
3 15 safety. Costs do not include expenditures for any other
3 16 purpose, and specifically exclude costs attributable to other
3 17 emergency services or expenditures for buildings or personnel,
3 18 except for the costs of personnel for database management and
3 19 personnel directly associated with addressing.
3 20 f. Current equipment operated by affected local exchange
3 21 service providers, and central office equipment and technology
3 22 upgrades necessary for the provider to implement enhanced 911
3 23 service within the enhanced 911 service area on or before July
3 24 1, 1992.
3 25 g. A schedule for implementation of the plan throughout
3 26 the E911 service area. The schedule may provide for phased
3 27 implementation. However, a joint 911 service board may decide
3 28 not to implement E911 service.
3 29 h. The number of telephone access lines capable of access
3 30 to 911 in the enhanced 911 service area.
3 31 i. The total property valuation in the enhanced 911
3 32 service area.
3 33 6. "Enhanced 911 service surcharge" is a charge set by the
3 34 E911 service area operating authority and assessed on each
3 35 access line which physically terminates within the E911
4 1 service area.
4 2 8. "Local exchange carrier" means the same as defined in
4 3 section 476.96.
4 4 7. 9. "Local exchange service provider" means a person
4 5 vendor engaged in providing telecommunications service between
4 6 points within an exchange and includes but is not limited to a
4 7 competitive local exchange service provider and a local
4 8 exchange carrier.
4 9 10. "Program manager" means the E911 program manager
4 10 appointed pursuant to section 34A.2A.
4 11 8. 11. "Provider" means a person vendor who provides, or
4 12 offers to provide, E911 equipment, installation, maintenance,
4 13 or exchange access services within the enhanced 911 service
4 14 area.
4 15 9. 12. "Public or private safety agency" means a unit of
4 16 state or local government, a special purpose district, or a
4 17 private firm which provides or has the authority to provide
4 18 fire fighting, police, ambulance, or emergency medical
4 19 services, or hazardous materials response.
4 20 10. 13. "Public safety answering point" means a twenty=
4 21 four hour local jurisdiction twenty=four=hour public safety
4 22 communications facility which that receives enhanced 911
4 23 service calls and directly dispatches emergency response
4 24 services or relays calls to the appropriate public or private
4 25 safety agency.
4 26 14. "Wireless E911 phase 1" means a 911 call made from a
4 27 wireless device in which the wireless service provider
4 28 delivers the call=back number and address of the tower that
4 29 received the call to the appropriate public safety answering
4 30 point.
4 31 15. "Wireless E911 phase 2" means a 911 call made from a
4 32 wireless device in which the wireless service provider
4 33 delivers the call=back number and the latitude and longitude
4 34 coordinates of the wireless device to the appropriate public
4 35 safety answering point.
5 1 16. "Wire=line E911 service surcharge" is a charge set by
5 2 the E911 service area operating authority and assessed on each
5 3 wire=line access line which physically terminates within the
5 4 E911 service area.
5 5 Sec. 3. Section 34A.2A, Code 2003, is amended to read as
5 6 follows:
5 7 34A.2A ADMINISTRATOR PROGRAM MANAGER == APPOINTMENT ==
5 8 DUTIES.
5 9 1. The administrator of the division of homeland security
5 10 and emergency management division of the department of public
5 11 defense shall appoint an E911 administrator program manager to
5 12 administer this chapter.
5 13 2. The E911 administrator program manager shall act under
5 14 the supervisory control of the administrator of the division
5 15 of homeland security and emergency management division of the
5 16 department of public defense, and in consultation with the
5 17 E911 communications council, and perform the duties
5 18 specifically set forth in this chapter and as assigned by the
5 19 administrator.
5 20 Sec. 4. Section 34A.3, Code 2003, is amended to read as
5 21 follows:
5 22 34A.3 JOINT 911 E911 SERVICE BOARD == 911 SERVICE PLAN ==
5 23 IMPLEMENTATION == WAIVERS.
5 24 1. JOINT 911 E911 SERVICE BOARDS TO SUBMIT == PLANS.
5 25 a. The board of supervisors of each county shall establish
5 26 maintain a joint 911 E911 service board not later than January
5 27 1, 1989.
5 28 (1) Each political subdivision of the state having a
5 29 public safety agency serving territory within the county is
5 30 entitled to voting membership on the joint 911 E911 service
5 31 board. Each private safety agency operating within the area
5 32 is entitled to nonvoting membership on the board.
5 33 (2) A township which that does not operate its own public
5 34 safety agency, but contracts for the provision of public
5 35 safety services, is not entitled to membership on the joint
6 1 911 E911 service board, but its contractor is entitled to
6 2 membership according to the contractor's status as a public or
6 3 private safety agency.
6 4 b. The joint 911 E911 service board shall develop maintain
6 5 an enhanced 911 service plan encompassing at minimum the
6 6 entire county, unless an exemption is granted by the
6 7 administrator program manager permitting a smaller E911
6 8 service area.
6 9 (1) The administrator program manager may grant a
6 10 discretionary exemption from the single county minimum service
6 11 area requirement based upon an E911 a joint E911 service
6 12 board's or other E911 service plan operating authority's
6 13 presentation of evidence which supports the requested
6 14 exemption if the administrator program manager finds that
6 15 local conditions make adherence to the minimum standard
6 16 unreasonable or technically infeasible, and that the purposes
6 17 of this chapter would be furthered by granting an exemption.
6 18 The minimum size requirement is intended to prevent
6 19 unnecessary duplication of public safety answering points and
6 20 minimize other administrative, personnel, and equipment
6 21 expenses. An E911 service area must encompass a
6 22 geographically contiguous area. No exemption shall be granted
6 23 from the contiguous area requirement.
6 24 (2) The administrator program manager may order the
6 25 inclusion of a specific territory in an adjoining E911 service
6 26 plan area to avoid the creation by exclusion of a territory
6 27 smaller than a single county not serviced by surrounding E911
6 28 service plan areas upon request of the joint 911 E911 service
6 29 board representing the territory.
6 30 c. The E911 service plan operating authority shall submit
6 31 proposed changes to the plan on or before January 1, 1994, to
6 32 all of the following:
6 33 a. (1) The administrator program manager.
6 34 b. (2) Public and private safety agencies in the enhanced
6 35 911 service area.
7 1 c. (3) Providers Local exchange service providers affected
7 2 by the enhanced 911 service plan.
7 3 An E911 joint service board that has a state=approved
7 4 service plan in place prior to July 1, 1993, is exempt from
7 5 the provisions of this section. The administrator shall
7 6 establish, by July 1, 1994, E911 service plans for those E911
7 7 joint service boards which do not have a state=approved
7 8 service plan in place on or before January 1, 1994.
7 9 The administrator shall prepare a summary of the plans
7 10 submitted and present the summary to the legislature on or
7 11 before August 1, 1994.
7 12 2. COMPLIANCE WAIVERS AVAILABLE IN LIMITED CIRCUMSTANCES.
7 13 a. The administrator program manager may extend, in whole
7 14 or in part, the time period for plan implementation by issuing
7 15 for implementation of an enhanced 911 service plan beyond the
7 16 scheduled plan of implementation, by issuance of a compliance
7 17 waiver.
7 18 b. The compliance waiver shall be based upon a joint 911
7 19 E911 service board's presentation of evidence which supports
7 20 an extension if the administrator program manager finds that
7 21 local conditions make implementation financially unreasonable
7 22 or technically infeasible by the originally scheduled plan of
7 23 implementation.
7 24 c. The compliance waiver shall be for a set period of
7 25 time, and subject to review and renewal or denial of renewal
7 26 upon its expiration.
7 27 d. The waiver may cover all or a portion of a 911 service
7 28 plan's enhanced 911 service area to facilitate phased
7 29 implementation when possible.
7 30 e. The granting of a compliance waiver does not create a
7 31 presumption that the identical or similar waiver will be
7 32 extended in the future.
7 33 f. Consideration of compliance waivers shall be on a case=
7 34 by=case basis.
7 35 3. CHAPTER 28E AGREEMENT == ALTERNATIVE TO JOINT 911 E911
8 1 SERVICE BOARD. A legal entity created pursuant to chapter 28E
8 2 by a county or counties, other political divisions, and public
8 3 or private agencies to jointly plan, implement, and operate a
8 4 countywide, or larger, enhanced 911 service system may be
8 5 substituted for the joint 911 E911 service board required
8 6 under subsection 1.
8 7 An alternative legal entity created pursuant to chapter 28E
8 8 as a substitute for a joint 911 E911 service board, as
8 9 permitted by this subsection, may be created by either:
8 10 a. Agreement of the parties entitled to voting membership
8 11 on a joint 911 E911 service board.
8 12 b. Agreement of the members of a joint 911 E911 service
8 13 board.
8 14 An alternative chapter 28E entity has all of the powers of
8 15 a joint 911 E911 service board and any additional powers
8 16 granted by the agreement. As used in this chapter, "joint 911
8 17 E911 service board" includes an alternative chapter 28E entity
8 18 created for that purpose, except as specifically limited by
8 19 the chapter 28E agreement or unless clearly provided otherwise
8 20 in this chapter. A chapter 28E agreement related to E911
8 21 service shall permit the participation of a private safety
8 22 agency or other persons allowed to participate in a joint 911
8 23 E911 service board, but the terms, scope, and conditions of
8 24 participation are subject to the chapter 28E agreement.
8 25 4. PARTICIPATION IN JOINT E911 SERVICE BOARD REQUIRED. A
8 26 political subdivision or state agency having a public safety
8 27 agency within its territory or jurisdiction shall participate
8 28 in a joint E911 service board and cooperate in preparing
8 29 maintaining the E911 service plan.
8 30 Sec. 5. Section 34A.4, Code 2003, is amended to read as
8 31 follows:
8 32 34A.4 REQUIRED CONVERSION REQUIREMENTS OF PAY TELEPHONES
8 33 AND OTHER TELECOMMUNICATIONS DEVICES TO ALLOW 911 CALLS
8 34 WITHOUT DEPOSITING COINS OR OTHER CHARGE.
8 35 1. CONVERSION AND NOTICE REQUIRED. When an enhanced 911
9 1 service system becomes operational or as soon as feasible
9 2 thereafter, each provider or other owner or lessee of a pay
9 3 station telephone to be operated within the enhanced 911
9 4 service area shall do the following:
9 5 a. Convert each telephone to permit a caller to dial 911
9 6 without first inserting a coin or paying any other charge.
9 7 b. Prominently display on each pay telephone a notice
9 8 advising callers to dial 911 in an emergency and that deposit
9 9 of a coin is not required.
9 10 2. CERTAIN PAY PHONES PROHIBITED WITHIN SERVICE AREA.
9 11 After commencement of enhanced 911 service in In an enhanced
9 12 911 service area, a person shall not install or offer for use
9 13 within the enhanced 911 service area a pay station telephone
9 14 or other fixed device unless the telephone or device is
9 15 capable of accepting making a 911 call without prior insertion
9 16 of a coin or payment of any other charge, and unless the
9 17 telephone or device displays notice of free 911 service.
9 18 Sec. 6. Section 34A.6, subsection 1, unnumbered paragraph
9 19 1, Code 2003, is amended to read as follows:
9 20 Before a joint E911 service board may request imposition of
9 21 the surcharge by the administrator program manager, the board
9 22 shall submit the following question to voters, as provided in
9 23 subsection 2, in the proposed E911 service area, and the
9 24 question shall receive a favorable vote from a simple majority
9 25 of persons submitting valid ballots on the following question
9 26 within the proposed E911 service area:
9 27 Sec. 7. Section 34A.7, unnumbered paragraph 1, Code 2003,
9 28 is amended to read as follows:
9 29 When an E911 service plan is implemented, the costs of
9 30 providing E911 service within an E911 service area are the
9 31 responsibility of the joint E911 service board and the member
9 32 political subdivisions. Costs in excess of the amount raised
9 33 by imposition of the E911 service surcharge provided for under
9 34 subsection 1, shall be paid by the joint E911 service board
9 35 from such revenue sources allocated among the member political
10 1 subdivisions as determined by the joint E911 service board.
10 2 Funding is not limited to the surcharge, and surcharge
10 3 revenues may be supplemented by other permissible local and
10 4 state revenue sources. A joint 911 E911 service board shall
10 5 not commit a political subdivision to appropriate property tax
10 6 revenues to fund an E911 service plan without the consent of
10 7 the political subdivision. A joint 911 E911 service board may
10 8 approve a 911 an E911 service plan, including a funding
10 9 formula requiring appropriations by participating political
10 10 subdivisions, subject to the approval of the funding formula
10 11 by each political subdivision. However, a political
10 12 subdivision may agree in advance to appropriate property tax
10 13 revenues or other moneys according to a formula or plan
10 14 developed by an alternative chapter 28E entity.
10 15 Sec. 8. Section 34A.7, subsections 1, 2, 3, and 4, Code
10 16 2003, are amended to read as follows:
10 17 1. LOCAL WIRE=LINE E911 SERVICE SURCHARGE IMPOSITION.
10 18 a. To encourage local implementation of E911 service, one
10 19 source of funding for E911 emergency telephone communication
10 20 systems shall come from a surcharge per month, per access line
10 21 on each access line subscriber, except as provided in
10 22 subsection 5, equal to the lowest amount of the following:
10 23 (1) One dollar.
10 24 (2) An amount less than one dollar, which would fully pay
10 25 both recurring and nonrecurring costs of the E911 service
10 26 system within five years from the date the maximum surcharge
10 27 is imposed.
10 28 (3) The maximum monetary limitation approved by
10 29 referendum.
10 30 b. The surcharge shall be imposed by order of the
10 31 administrator program manager as follows:
10 32 (1) The administrator program manager shall notify a local
10 33 exchange service provider scheduled to provide exchange access
10 34 line service to an E911 service area, that implementation of
10 35 an E911 service plan has been approved by the joint 911 E911
11 1 service board and by the service area referendum, and that
11 2 collection of the surcharge is to begin within one hundred
11 3 days.
11 4 (2) The notice shall be provided at least one hundred days
11 5 before the surcharge must be billed for the first time program
11 6 manager shall also provide notice to all affected public
11 7 safety answering points.
11 8 c. The surcharge shall terminate at the end of twenty=four
11 9 months, unless either, or both, of the following conditions is
11 10 met:
11 11 (1) E911 service is initiated for all or a part of the
11 12 E911 service area.
11 13 (2) An extension is granted by the administrator for good
11 14 cause.
11 15 d. The surcharge shall terminate at the end of twenty=four
11 16 months if the joint E911 service plan has not been approved by
11 17 the administrator within eighteen months of the original
11 18 notice to the provider to impose the surcharge, and shall not
11 19 be reimposed until a service plan is approved by the
11 20 administrator and the administrator gives providers notice as
11 21 required by paragraph "a", subparagraphs (1) and (2).
11 22 2. SURCHARGE COLLECTED BY LOCAL EXCHANGE SERVICE
11 23 PROVIDERS.
11 24 a. The surcharge shall be collected as part of the access
11 25 line service provider's periodic billing to a subscriber. In
11 26 compensation for the costs of billing and collection, the
11 27 local exchange service provider may retain one percent of the
11 28 gross surcharges collected. If the compensation is
11 29 insufficient to fully recover a local exchange service
11 30 provider's costs for billing and collection of the surcharge,
11 31 the deficiency shall be included in the local exchange service
11 32 provider's costs for ratemaking purposes to the extent it is
11 33 reasonable and just under section 476.6. The surcharge shall
11 34 be remitted to the E911 service operating authority for
11 35 deposit into the E911 service fund quarterly by the local
12 1 exchange service provider. The total amount for multiple
12 2 exchanges may be combined.
12 3 b. A local exchange service provider is not liable for an
12 4 uncollected surcharge for which the local exchange service
12 5 provider has billed a subscriber but not been paid. The
12 6 surcharge shall appear as a single line item on a subscriber's
12 7 periodic billing entitled, "E911 emergency telephone service
12 8 surcharge". The E911 service surcharge is not subject to
12 9 sales or use tax.
12 10 c. The joint E911 service board may request, not more than
12 11 once each quarter, the following information from the local
12 12 exchange service provider:
12 13 (1) The identity of the exchange from which the surcharge
12 14 is collected.
12 15 (2) The number of lines to which the surcharge was applied
12 16 for the quarter.
12 17 (3) The number of refusals to pay per exchange if
12 18 applicable.
12 19 (4) Write=offs applied per exchange if applicable.
12 20 (5) The number of lines exempt per exchange.
12 21 (6) The amount retained by the local exchange service
12 22 provider generated from the one percent administration fee.
12 23 d. Access line counts and surcharge remittances are
12 24 confidential public records as provided in section 34A.8.
12 25 3. MAXIMUM LIMIT PER SUBSCRIBER BILLING FOR SURCHARGE. An
12 26 individual subscriber shall not be required to pay on a single
12 27 periodic billing the surcharge on more than one hundred access
12 28 lines, or their equivalent, in an E911 service area. A
12 29 subscriber shall pay the surcharge in each E911 service area
12 30 in which the subscriber receives access line service.
12 31 4. E911 SERVICE FUND. Each joint E911 service board shall
12 32 establish and maintain as a separate account an E911 service
12 33 fund. Any funds remaining in the account at the end of each
12 34 fiscal year shall not revert to the general funds of the
12 35 member political subdivisions, except as provided in
13 1 subsection 5, but shall remain in the E911 service fund.
13 2 Moneys in an E911 service fund may only be used for
13 3 nonrecurring and recurring costs of the E911 service plan as
13 4 approved by the administrator program manager, as those terms
13 5 are defined by section 34A.2.
13 6 Sec. 9. Section 34A.7, subsection 5, paragraph b,
13 7 subparagraphs (2) and (3), Code 2003, are amended to read as
13 8 follows:
13 9 (2) If money remains in the fund after fully paying for
13 10 recurring costs incurred in the preceding year, the remainder
13 11 may be spent to pay for nonrecurring costs, not to exceed
13 12 actual nonrecurring costs as approved by the administrator
13 13 program manager.
13 14 (3) If money remains in the fund after fully paying
13 15 obligations under subparagraphs (1) and (2), the remainder may
13 16 be accumulated in the fund as a carryover operating surplus.
13 17 If the surplus is greater than twenty=five percent of the
13 18 approved annual operating budget for the next year, the
13 19 administrator program manager shall reduce the surcharge by an
13 20 amount calculated to result in a surplus of no more than
13 21 twenty=five percent of the planned annual operating budget.
13 22 After nonrecurring costs have been paid, if the surcharge is
13 23 less than the maximum allowed and the fund surplus is less
13 24 than twenty=five percent of the approved annual operating
13 25 budget, the administrator program manager shall, upon
13 26 application of the joint E911 service board, increase the
13 27 surcharge in an amount calculated to result in a surplus of
13 28 twenty=five percent of the approved annual operating budget.
13 29 The surcharge may only be adjusted once in a single year, upon
13 30 one hundred days' prior notice to the provider.
13 31 Sec. 10. Section 34A.7A, subsection 1, paragraph b, Code
13 32 2003, is amended to read as follows:
13 33 b. The administrator program manager shall provide no less
13 34 than one hundred days' notice of the surcharge to be imposed
13 35 to each wireless communications service provider. The
14 1 administrator program manager, subject to the fifty cent limit
14 2 in paragraph "a", may adjust the amount of the surcharge as
14 3 necessary, but no more than once in any calendar year.
14 4 Sec. 11. Section 34A.7A, subsection 1, paragraph c, Code
14 5 2003, is amended to read as follows:
14 6 c. (1) The surcharge shall be collected as part of the
14 7 wireless communications service provider's periodic billing to
14 8 a subscriber. The surcharge shall appear as a single line
14 9 item on a subscriber's periodic billing indicating that the
14 10 surcharge is for E911 emergency telephone service. In the
14 11 case of prepaid wireless telephone service, this surcharge
14 12 shall be remitted based upon the address associated with the
14 13 point of purchase, the customer billing address, or the
14 14 location associated with the mobile telephone number for each
14 15 active prepaid wireless telephone that has a sufficient
14 16 positive balance as of the last days of the information, if
14 17 that information is available. The wireless E911 service
14 18 surcharge is not subject to sales or use tax.
14 19 (2) In compensation for the costs of billing and
14 20 collection, the wireless communications service provider may
14 21 retain one percent of the gross surcharges collected.
14 22 (3) The surcharges shall be remitted quarterly by the
14 23 wireless communications service provider to the administrator
14 24 program manager for deposit into the fund established in
14 25 subsection 2.
14 26 (4) A wireless communications service provider is not
14 27 liable for an uncollected surcharge for which the wireless
14 28 communications service provider has billed a subscriber but
14 29 which has not been paid. The surcharge shall appear as a
14 30 single line item on a subscriber's periodic billing indicating
14 31 that the surcharge is for E911 emergency telephone service.
14 32 The E911 service surcharge is not subject to sales or use tax.
14 33 Sec. 12. Section 34A.7A, subsection 2, Code 2003, is
14 34 amended to read as follows:
14 35 2. Moneys collected pursuant to subsection 1 shall be
15 1 deposited in a separate wireless E911 emergency communications
15 2 fund within the state treasury under the control of the
15 3 administrator program manager. Section 8.33 shall not apply
15 4 to moneys in the fund. Moneys earned as income, including as
15 5 interest, from the fund shall remain in the fund until
15 6 expended as provided in this section. Moneys in the fund
15 7 shall be expended and distributed annually as follows in the
15 8 following priority order:
15 9 a. An amount as appropriated by the general assembly to
15 10 the administrator shall be allocated to the administrator and
15 11 program manager for implementation, support, and maintenance
15 12 of the functions of the administrator and program manager and
15 13 to employ the auditor of state to perform an annual audit of
15 14 the wireless E911 emergency communications fund.
15 15 b. The program manager shall reimburse wire=line carriers
15 16 on a calendar quarter basis for carriers' eligible expenses
15 17 for transport costs between the selective router and the
15 18 public safety answering points related to the delivery of
15 19 wireless E911 phase 1 services. If the total amount of moneys
15 20 available in the fund for the reimbursement of wire=line
15 21 carriers pursuant to this paragraph is insufficient to
15 22 reimburse all wire=line carriers for such carriers' eligible
15 23 expenses, the program manager shall remit an amount to each
15 24 wire=line carrier equal to the percentage of such carrier's
15 25 eligible expenses as compared to the total of all eligible
15 26 expenses for all wire=line carriers for the calendar quarter
15 27 during which such expenses were submitted.
15 28 b. c. (1) The administrator shall retain funds necessary
15 29 to reimburse wireless carriers for their costs to deliver E911
15 30 services. The administrator shall assure that wireless
15 31 carriers recover all eligible costs associated with the
15 32 implementation and operation of E911 services, including but
15 33 not limited to hardware, software, and transport costs. The
15 34 administrator shall adopt rules defining eligible costs which
15 35 are consistent with federal law, regulations, and any order of
16 1 a federal agency program manager shall reimburse wire=line
16 2 carriers and third=party E911 automatic location information
16 3 database providers on a calendar quarterly basis for the costs
16 4 of maintaining and upgrading the E911 components and
16 5 functionalities beyond the input to the E911 selective router,
16 6 including the E911 selective router and the automatic location
16 7 information database.
16 8 (2) The administrator shall provide for the reimbursement
16 9 of wireless carriers on a quarterly basis. If the total
16 10 amount of moneys available in the fund for the reimbursement
16 11 of wireless carriers pursuant to subparagraph (1) is
16 12 insufficient to reimburse all wireless carriers for such
16 13 carriers' eligible expenses, the administrator shall remit an
16 14 amount to each wireless carrier equal to the percentage of
16 15 such carrier's eligible expenses as compared to the total of
16 16 all eligible expenses for all wireless carriers for the
16 17 calendar quarter during which such expenses were submitted.
16 18 d. The program manager shall apply an amount up to five
16 19 hundred thousand dollars per calendar quarter to any
16 20 outstanding wireless E911 phase 1 obligations incurred
16 21 pursuant to this chapter prior to July 1, 2004.
16 22 e. (1) The program manager shall allocate an amount up to
16 23 one hundred twenty=seven thousand dollars per calendar quarter
16 24 equally to the joint E911 service boards and the department of
16 25 public safety that have submitted an annual written request to
16 26 the program manager in a form approved by the program manager
16 27 by May 15 of each year.
16 28 (2) Upon retirement of outstanding obligations referred to
16 29 in paragraph "d", the amount allocated under this paragraph
16 30 "e" shall be an amount up to four hundred thousand dollars per
16 31 calendar quarter allocated as follows:
16 32 (a) Sixty=five percent of the total dollars available for
16 33 allocation shall be allocated in proportion to the square
16 34 miles of the service area to the total square miles in this
16 35 state.
17 1 (b) Thirty=five percent of the total dollars available for
17 2 allocation shall be allocated in proportion to the wireless
17 3 E911 calls taken at the public service answering point in the
17 4 service area to the total number of wireless E911 calls
17 5 originating in this state.
17 6 (c) Notwithstanding subparagraph subdivisions (a) and (b),
17 7 the minimum amount allocated to each joint E911 service board
17 8 and to the department of public safety shall be no less than
17 9 one thousand dollars.
17 10 (3) The funds allocated in this paragraph "e" shall be
17 11 used for communication equipment located inside the public
17 12 safety answering points for the implementation and maintenance
17 13 of wireless E911 phase 2. The joint E911 service boards and
17 14 the department of public safety shall provide an estimate of
17 15 phase 2 implementation costs to the program manager by January
17 16 1, 2005.
17 17 c. (1) The remainder of the surcharge collected shall be
17 18 remitted to the administrator for distribution to the joint
17 19 E911 service boards and the department of public safety
17 20 pursuant to subparagraph (2) to be used for the implementation
17 21 of enhanced wireless communications capabilities.
17 22 f. After the amounts in paragraph "d" and "e" have been
17 23 applied and allocated, the program manager shall provide an
17 24 amount up to thirty=two thousand dollars per calendar quarter
17 25 to the Iowa law enforcement academy, created in section 80B.4,
17 26 for reimbursement of costs related to E911 dispatcher
17 27 training. The academy shall provide training to the E911
17 28 dispatchers at no cost or minimal cost to recover actual
17 29 expenses.
17 30 g. If moneys remain in the fund after fully paying all
17 31 obligations under paragraphs "a" through "f", the remainder
17 32 may be accumulated in the fund as a carryover operating
17 33 surplus. This surplus shall be used to fund future phase 2
17 34 network and public safety answering point improvements and
17 35 wireless carriers' transport costs related to wireless E911
18 1 services, if those costs are not otherwise recovered by
18 2 wireless carriers through customer billing or other sources.
18 3 Notwithstanding section 8.33, any moneys remaining in the fund
18 4 at the end of each fiscal year shall not revert to the general
18 5 fund of the state but shall remain available for the purposes
18 6 of the fund.
18 7 (2) h. The administrator, in consultation with the
18 8 program manager and the E911 communications council, shall
18 9 adopt rules pursuant to chapter 17A governing the distribution
18 10 of the surcharge collected and distributed pursuant to this
18 11 lettered paragraph subsection. The rules shall include
18 12 provisions that all joint E911 service boards and the
18 13 department of public safety which answer or service wireless
18 14 E911 calls are eligible to receive an equitable portion of the
18 15 receipts.
18 16 A joint E911 service board or the department of public
18 17 safety, to receive funds from the wireless E911 emergency
18 18 communications fund, must submit a written request for such
18 19 funds to the administrator in a form as approved by the
18 20 administrator. A request shall be for funding under an
18 21 approved E911 service plan for equipment which is directly
18 22 related to the reception and disposition of incoming wireless
18 23 E911 calls. The administrator may approve the distribution of
18 24 funds pursuant to such request if the administrator finds that
18 25 the requested funding is for equipment necessary for the
18 26 reception and disposition of such calls and that sufficient
18 27 funds are available for such distribution.
18 28 If insufficient funds are available to fund all requests,
18 29 the administrator shall fund requests in an order deemed
18 30 appropriate by the administrator after considering factors
18 31 including, but not limited to, all of the following:
18 32 (a) Documented volume of wireless E911 calls received by
18 33 each public safety answering point.
18 34 (b) The population served by each public safety answering
18 35 point.
19 1 (c) The number of wireless telephones in the public safety
19 2 answering point jurisdiction.
19 3 (d) The public safety of the citizens of this state.
19 4 (e) Any other factor deemed appropriate by the
19 5 administrator, in consultation with the E911 communications
19 6 council, and adopted by rule.
19 7 (3) 2A. a. The administrator program manager shall
19 8 submit an annual report by January 15 of each year to the
19 9 legislative government oversight committee advising the
19 10 general assembly of the status of E911 implementation and
19 11 operations, including both land=line wire=line and wireless
19 12 services, and the distribution of surcharge receipts, and an
19 13 accounting of the revenues and expenses of the E911 program.
19 14 b. The program manager shall submit a calendar quarter
19 15 report of the revenues and expenses of the E911 program to the
19 16 fiscal services division of the legislative services agency.
19 17 c. The legislative government oversight committee shall
19 18 review the priorities of distribution of funds under this
19 19 chapter at least every two years.
19 20 Sec. 13. Section 34A.7A, subsection 3, Code 2003, is
19 21 amended to read as follows:
19 22 3. The amount collected from a wireless service provider
19 23 and deposited in the fund, pursuant to section 22.7,
19 24 subsection 6, information provided by a wireless service
19 25 provider to the administrator program manager consisting of
19 26 trade secrets, pursuant to section 22.7, subsection 3, and
19 27 other financial or commercial operations information provided
19 28 by a wireless service provider to the administrator program
19 29 manager, shall be kept confidential as provided under section
19 30 22.7. This subsection does not prohibit the inclusion of
19 31 information in any report providing aggregate amounts and
19 32 information which does not identify numbers of accounts or
19 33 customers, revenues, or expenses attributable to an individual
19 34 wireless communications service provider.
19 35 Sec. 14. Section 34A.8, subsection 2, unnumbered paragraph
20 1 2, Code 2003, is amended to read as follows:
20 2 The program manager, joint E911 service board, the
20 3 designated E911 service provider, and the public safety
20 4 answering point, their agents, employees, and assigns shall
20 5 use local exchange service information provided by the local
20 6 exchange service provider solely for the purposes of providing
20 7 E911 emergency telephone service, and it shall otherwise be
20 8 kept confidential. A person who violates this section is
20 9 guilty of a simple misdemeanor.
20 10 Sec. 15. Section 34A.9, Code 2003, is amended to read as
20 11 follows:
20 12 34A.9 TELECOMMUNICATIONS DEVICES FOR THE DEAF SPEECH AND
20 13 HEARING=IMPAIRED.
20 14 By January 1, 1990, each county Each public safety
20 15 answering point shall provide for the installation and use of
20 16 at least one telecommunications device devices for the deaf at
20 17 a public safety answering point speech and hearing=impaired.
20 18 Sec. 16. NEW SECTION. 34A.10 E911 SELECTIVE ROUTER.
20 19 On and after July 1, 2004, only the program manager shall
20 20 approve access to the E911 selective router.
20 21 Sec. 17. Section 34A.15, Code 2003, is amended by adding
20 22 the following new subsection:
20 23 NEW SUBSECTION. 1A. The auditor of state or the auditor
20 24 of state's designee shall serve as an ex officio nonvoting
20 25 member.
20 26 Sec. 18. Section 34A.15, subsection 2, Code 2003, is
20 27 amended to read as follows:
20 28 2. The council shall advise and make recommendations to
20 29 the administrator and program manager regarding the
20 30 implementation of this chapter. Such advice and
20 31 recommendations shall be provided on issues at the request of
20 32 the administrator or program manager or as deemed necessary by
20 33 the council.
20 34 Sec. 19. Section 16.161, unnumbered paragraph 1, Code
20 35 2003, is amended to read as follows:
21 1 The authority shall assist the administrator program
21 2 manager, appointed pursuant to section 34A.2A, as provided in
21 3 chapter 34A, subchapter II, and the authority shall have all
21 4 of the powers delegated to it by a joint E911 service board or
21 5 the department of public defense in a chapter 28E agreement
21 6 with respect to the issuance and securing of bonds or notes
21 7 and the carrying out of the purposes of chapter 34A.
21 8 EXPLANATION
21 9 This bill amends and adds definitions to Code chapter 34A
21 10 to include expanding E911 technology and wireless
21 11 communication services and to differentiate the various types
21 12 of local exchange carriers.
21 13 The E911 administrator is renamed the E911 program manager
21 14 to avoid confusion with the administrator of the homeland
21 15 security and emergency management division of the department
21 16 of public defense who also has duties under this Code chapter.
21 17 Obsolete language regarding the creation of local joint E911
21 18 areas and boards is removed.
21 19 Local exchange service providers are required to provide
21 20 certain information to local joint E911 service boards.
21 21 Appropriations shall also be used to employ the auditor of
21 22 state to perform an annual audit of the E911 emergency
21 23 communications fund.
21 24 The wireless communications service surcharge is
21 25 distributed by priority to support the E911 program manager,
21 26 administrator, to reimburse wire=line carriers to recover
21 27 wireless phase 1 transport costs, to reimburse wire=line
21 28 carriers and third=party E911 automatic location information
21 29 database providers for costs of maintaining and upgrading the
21 30 E911 components and functionalities, to pay up to a maximum
21 31 amount for past outstanding obligations incurred prior to July
21 32 1, 2004, to pay to joint E911 service boards and the
21 33 department of public safety for communication equipment in
21 34 public safety answering points, and to reimburse the law
21 35 enforcement academy for dispatcher training. The bill
22 1 provides that any surplus in the wireless surcharge fund shall
22 2 support future wireless E911 phase 2 improvements and wireless
22 3 carriers' transport costs.
22 4 The bill strikes the authorization to make distributions
22 5 from the wireless surcharge fund to wireless carriers to
22 6 reimburse the carriers for general costs to deliver E911
22 7 services by specifying the costs that may be reimbursed and
22 8 prioritizing payments.
22 9 The program manager is required to submit an annual
22 10 accounting to the legislative government oversight committee
22 11 and quarterly reports to the fiscal services division of the
22 12 legislative services agency.
22 13 The bill makes other grammatical and technical changes
22 14 regarding the E911 system.
22 15 LSB 6446HV 80
22 16 kk/sh/8