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:
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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.
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