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