House File 465 - Introduced



                                       HOUSE FILE       
                                       BY  DEYOE


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act authorizing the withholding of specified surcharge revenue
  2    otherwise payable to a joint E911 service board under certain
  3    circumstances.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2381YH 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 withhold distribution of all or a portion of the surcharge
  1 13 collected pursuant to this subsection otherwise payable to a
  1 14 joint E911 service board which is not in compliance with the
  1 15 membership requirements of section 34A.3, subsection 1.  The
  1 16 administrator shall attempt to resolve the noncompliance, in
  1 17 consultation with the attorney general, and shall withhold
  1 18 distribution pursuant to this subparagraph only in the event
  1 19 that the attempt to resolve the noncompliance proves
  1 20 unsuccessful.
  1 21                           EXPLANATION
  1 22    This bill authorizes the administrator of the homeland
  1 23 security and emergency management division of the department
  1 24 of public defense to withhold surcharge revenue otherwise
  1 25 payable to a joint E911 service board if the service board
  1 26 does not comply with membership requirements specified in Code
  1 27 section 34A.3, subsection 1.  Code section 34A.7A provides for
  1 28 a monthly surcharge of up to 65 cents to be imposed on each
  1 29 wireless communications service number in the state and
  1 30 deposited into a wireless E911 emergency communications fund
  1 31 for distribution in priority order as specified in Code
  1 32 section 34A.7A, subsection 2.  Designated amounts are
  1 33 allocated to the joint E911 services boards, to be distributed
  1 34 on an equitable basis.
  1 35    The bill provides that the amount to be withheld shall be
  2  1 determined by the administrator, and that withholding shall
  2  2 not occur until and unless efforts to resolve the
  2  3 noncompliance with the joint E911 service board, with the
  2  4 assistance of the attorney general, prove unsuccessful.
  2  5 LSB 2381YH 83
  2  6 rn/nh/5