House File 463 - Introduced HOUSE FILE BY DEYOE Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing authority to reallocate specified surcharge 2 revenue otherwise payable to a joint E911 service board under 3 certain circumstances. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2385YH 83 6 rn/nh/5 PAG LIN 1 1 Section 1. Section 34A.7A, subsection 2, paragraph h, Code 1 2 2009, is amended to read as follows: 1 3 h. (1) The administrator, in consultation with the 1 4 program manager and the E911 communications council, shall 1 5 adopt rules pursuant to chapter 17A governing the distribution 1 6 of the surcharge collected and distributed pursuant to this 1 7 subsection. The rules shall include provisions that all joint 1 8 E911 service boards and the department of public safety which 1 9 answer or service wireless E911 calls are eligible to receive 1 10 an equitable portion of the receipts. 1 11 (2) Notwithstanding subparagraph (1), the administrator 1 12 may reallocate all or a portion of the surcharge collected 1 13 pursuant to this subsection otherwise payable to a joint E911 1 14 service board which is not in compliance with the membership 1 15 requirements of section 34A.3, subsection 1. A reallocation 1 16 pursuant to this subparagraph shall direct surcharge revenue 1 17 to an entity or entities entitled to but denied membership on 1 18 the joint E911 service board, in an amount to be determined by 1 19 the administrator. The administrator shall attempt to resolve 1 20 the noncompliance, in consultation with the office of the 1 21 attorney general, and shall reallocate surcharge revenue 1 22 pursuant to this subparagraph only in the event that the 1 23 attempt to resolve the noncompliance proves unsuccessful. 1 24 EXPLANATION 1 25 This bill authorizes the administrator of the homeland 1 26 security and emergency management division of the department 1 27 of public defense to reallocate all or a portion of surcharge 1 28 revenue otherwise payable to a joint E911 service board if the 1 29 service board does not comply with the membership requirements 1 30 specified in Code section 34A.3, subsection 1. Code section 1 31 34A.7A provides for a monthly surcharge of up to 65 cents to 1 32 be imposed on each wireless communications service number in 1 33 the state and deposited into a wireless E911 emergency 1 34 communications fund for distribution in priority order as 1 35 specified in Code section 34A.7A, subsection 2. Designated 2 1 amounts are allocated to the joint E911 service boards, to be 2 2 distributed on an equitable basis. 2 3 The bill provides that the reallocated amounts shall be 2 4 directed to entities otherwise entitled to membership on the 2 5 joint E911 service board but who have been denied membership, 2 6 and that the amount of the reallocation shall be determined by 2 7 the administrator. The bill also provides that the 2 8 administrator shall coordinate with the attorney general to 2 9 attempt to resolve the noncompliance prior to resorting to a 2 10 reallocation. 2 11 LSB 2385YH 83 2 12 rn/nh/5