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