S.F. 2272 Section 1. Section 34A.2, Code 2011, is amended to read as 1 follows: 2 34A.2 Definitions. 3 As used in this chapter , unless the context otherwise 4 requires: 5 1. “Access line” means an exchange access line that has the 6 ability to access dial tone and reach a public safety answering 7 point. 8 2. “Administrator” means the administrator of the homeland 9 security and emergency management division of the department 10 of public defense. 11 3. “Communications service” means a service capable 12 of accessing, connecting with, or interfacing with a 911 13 system by dialing, initializing, or otherwise activating 14 the system exclusively through the digits 911 by means of a 15 local telephone device, cellular telephone device, wireless 16 communications device, or alternative means to be designated by 17 the homeland security and emergency management division of the 18 department of public defense by rule. 19 4. “Communications service provider” means a service 20 provider, public or private, that transports information 21 electronically via landline, wireless, internet, cable, or 22 satellite. 23 3. 5. “Competitive local exchange service provider” means 24 the same as defined in section 476.96 . 25 4. “Emergency 911 notification device” means a product 26 capable of accessing a public safety answering point through 27 the 911 system. 28 6. “Emergency communications service surcharge” means a 29 charge established by the program manager in accordance with 30 section 34A.7A. 31 5. 7. “Enhanced 911” or “E911” means a service that 32 provides the user of a communications service with the ability 33 to reach a public safety answering point by dialing using the 34 digits 911, and that has the following additional features: 35 -1- LSB 6024SV (2) 84 rn/nh 1/ 14

S.F. 2272 a. Routes an incoming 911 call to the appropriate public 1 safety answering point. 2 b. Automatically provides voice, displays the name, address 3 or location, and telephone number of an incoming 911 call and 4 public safety agency servicing the location. 5 6. 8. “Enhanced 911 service area” means the geographic 6 area to be serviced, or currently serviced under an enhanced 7 911 service plan, provided that an enhanced 911 service area 8 must at minimum encompass one entire county. The enhanced 911 9 service area may encompass more than one county, and need not 10 be restricted to county boundaries. 11 7. 9. “Enhanced 911 service plan” means a plan that 12 includes the following information: 13 a. A description of the enhanced 911 service area. 14 b. A list of all public and private safety agencies within 15 the enhanced 911 service area. 16 c. The number of public safety answering points within the 17 enhanced 911 service area. 18 d. Identification of the agency responsible for management 19 and supervision of the enhanced 911 emergency communication 20 system. 21 e. (1) A statement of estimated costs to be incurred by the 22 joint E911 service board or the department of public safety, 23 including separate estimates of the following: 24 (a) Nonrecurring costs, including , but not limited to , 25 public safety answering points, network equipment, software, 26 database, addressing, initial training, and other capital and 27 start-up expenditures, including the purchase or lease of 28 subscriber names, addresses, and telephone information from the 29 local exchange service provider. 30 (b) Recurring costs, including , but not limited to , 31 network access fees and other telephone charges, software, 32 equipment, and database management, and maintenance, including 33 the purchase or lease of subscriber names, addresses, and 34 telephone information from the local exchange service provider. 35 -2- LSB 6024SV (2) 84 rn/nh 2/ 14

S.F. 2272 Recurring costs shall not include personnel costs for a public 1 safety answering point. 2 (2) Funds deposited in an E911 service fund are appropriated 3 and shall be used for the payment of costs that are limited 4 to nonrecurring and recurring costs directly attributable to 5 the provision receipt and disposition of the 911 emergency 6 telephone communication service call and may include costs 7 for portable and vehicle radios, communication towers 8 and associated equipment, and other radios and associated 9 equipment permanently located at the public safety answering 10 point and as directed by either the joint E911 service board 11 or the department of public safety. Costs do not include 12 expenditures for any other purpose, and specifically exclude 13 costs attributable to other emergency services or expenditures 14 for buildings or personnel, except for the costs of personnel 15 for database management and personnel directly associated with 16 addressing. 17 f. Current equipment operated by affected local exchange 18 service providers, and central office equipment and technology 19 upgrades necessary for the provider to implement enhanced 911 20 service within the enhanced 911 service area. 21 g. A schedule for implementation of the plan throughout 22 the E911 service area. The schedule may provide for phased 23 implementation. 24 h. The number of telephone access lines capable of access to 25 911 in the enhanced 911 service area. 26 i. The total property valuation in the enhanced 911 service 27 area. 28 8. 10. “Local exchange carrier” means the same as defined 29 in section 476.96 . 30 9. 11. “Local exchange service provider” means a vendor 31 engaged in providing telecommunications service between 32 points within an exchange and includes but is not limited to 33 a competitive local exchange service provider and a local 34 exchange carrier. 35 -3- LSB 6024SV (2) 84 rn/nh 3/ 14

S.F. 2272 10. 12. “Program manager” means the E911 program manager 1 appointed pursuant to section 34A.2A . 2 11. 13. “Provider” means a vendor who provides, or offers 3 to provide, E911 equipment, installation, maintenance, or 4 exchange access services within the enhanced 911 service area. 5 12. 14. “Public or private safety agency” means a unit of 6 state or local government, a special purpose district, or a 7 private firm which provides or has the authority to provide 8 fire fighting, police, ambulance, emergency medical services, 9 or hazardous materials response. 10 13. 15. “Public safety answering point” means a 11 twenty-four-hour public safety communications facility that 12 receives enhanced 911 service calls and directly dispatches 13 emergency response services or relays calls to the appropriate 14 public or private safety agency. 15 16. “Wireless communications service” means commercial 16 mobile radio service, as defined under sections 3(27) and 17 332(d) of the federal Telecommunications Act of 1996, 47 U.S.C. 18 § 151 et seq.; federal communications commission rules; and 19 the federal Omnibus Budget Reconciliation Act of 1993, Pub. 20 L. No. 103-66. “Wireless communications service” includes any 21 wireless two-way communications used in cellular telephone 22 service, personal communications service, or the functional or 23 competitive equivalent of a radio-telephone communications line 24 used in cellular telephone service, a personal communications 25 service, or a network access line. “Wireless communications 26 service” does not include a service whose customers do not 27 have access to 911 or 911-like service, a communications 28 channel utilized only for data transmission, or a private 29 telecommunications system. 30 17. “Wireless communications service provider” means a 31 company that offers wireless communications service to users 32 of wireless devices including but not limited to cellular, 33 personal communications services, mobile satellite services, 34 and enhanced specialized mobile radio. 35 -4- LSB 6024SV (2) 84 rn/nh 4/ 14

S.F. 2272 14. 18. “Wireless E911 phase 1” means a 911 call made 1 from a wireless device in which the wireless service provider 2 delivers the call-back number and address of the tower that 3 received the call to the appropriate public safety answering 4 point. 5 15. 19. “Wireless E911 phase 2” means a 911 call made 6 from a wireless device in which the wireless service provider 7 delivers the call-back number and the latitude and longitude 8 coordinates of the wireless device to the appropriate public 9 safety answering point. 10 16. 20. “Wire-line E911 service surcharge” is means a charge 11 set by the E911 service area operating authority and assessed 12 on each wire-line access line which physically terminates 13 within the E911 service area in accordance with section 34A.7 . 14 Sec. 2. Section 34A.3, subsection 4, Code 2011, is amended 15 to read as follows: 16 4. Participation in joint E911 service board required. A 17 political subdivision or state agency having a public safety 18 agency within its territory or jurisdiction shall participate 19 in a joint E911 service board and cooperate in maintaining the 20 E911 service plan. 21 Sec. 3. Section 34A.6, subsection 1, Code 2011, is amended 22 to read as follows: 23 1. Before a joint E911 service board may request imposition 24 of the wire-line surcharge by the program manager, the board 25 shall submit the following question to voters, as provided 26 in subsection 2 , in the proposed E911 service area, and the 27 question shall receive a favorable vote from a simple majority 28 of persons submitting valid ballots on the following question 29 within the proposed E911 service area: 30 Shall the following public measure be adopted? 31 YES ... 32 NO ... 33 Enhanced 911 emergency telephone service shall be funded, 34 in whole or in part, by a monthly surcharge of (an amount 35 -5- LSB 6024SV (2) 84 rn/nh 5/ 14

S.F. 2272 determined by the local joint E911 service board of up to one 1 dollar) on each telephone access line collected as part of each 2 telephone subscriber’s monthly phone bill if provided within 3 (description of the proposed E911 service area). 4 Sec. 4. Section 34A.7, subsection 1, paragraph a, 5 unnumbered paragraph 1, Code 2011, is amended to read as 6 follows: 7 To encourage local implementation of E911 service, one 8 source of funding for E911 emergency telephone communication 9 systems shall come from a surcharge per month, per access 10 line on each access line subscriber, except as provided in 11 subsection 5 , equal to the lowest amount of the following: 12 Sec. 5. Section 34A.7, subsection 2, paragraph b, Code 2011, 13 is amended to read as follows: 14 b. A local exchange service provider is not liable for an 15 uncollected surcharge for which the local exchange service 16 provider has billed a subscriber but not been paid. The 17 surcharge shall appear as a single line item on a subscriber’s 18 periodic billing entitled, “E911 emergency telephone 19 communications service surcharge”. 20 Sec. 6. Section 34A.7A, Code 2011, is amended to read as 21 follows: 22 34A.7A Wireless Emergency communications service surcharge —— 23 fund established —— distribution and permissible expenditures. 24 1. a. Notwithstanding section 34A.6 , the administrator 25 shall adopt by rule a monthly surcharge of up to sixty-five 26 cents one dollar to be imposed on each wireless communications 27 service number provided in this state. The surcharge shall be 28 imposed uniformly on a statewide basis and simultaneously on 29 all wireless communications service numbers as provided by rule 30 of the administrator. The surcharge shall not be imposed on 31 wire-line-based communications. 32 b. The program manager shall provide no less than one 33 hundred days’ notice of the surcharge to be imposed to each 34 wireless communications service provider. The program manager, 35 -6- LSB 6024SV (2) 84 rn/nh 6/ 14

S.F. 2272 subject to the sixty-five cent one dollar limit in paragraph 1 “a” , may adjust the amount of the surcharge as necessary, but no 2 more than once in any calendar year. 3 c. (1) The surcharge shall be collected as part of the 4 wireless communications service provider’s periodic billing 5 to a subscriber. The surcharge shall appear as a single 6 line item on a subscriber’s periodic billing indicating that 7 the surcharge is for E911 emergency telephone communications 8 service. In the case of a prepaid wireless telephone 9 communications service or device , this surcharge shall be 10 remitted based upon the address associated with the point 11 of purchase, the customer billing address, or the location 12 associated with the mobile telephone number device for each 13 active prepaid wireless telephone device that has a sufficient 14 positive balance as of the last days of the information, if 15 that information is available. 16 (2) In compensation for the costs of billing and collection, 17 the wireless communications service provider may retain one 18 percent of the gross surcharges collected. 19 (3) The surcharges shall be remitted quarterly by the 20 wireless communications service provider to the program manager 21 for deposit into the fund established in subsection 2 . 22 (4) A wireless communications service provider is not 23 liable for an uncollected surcharge for which the wireless 24 communications service provider has billed a subscriber but 25 which has not been paid. 26 2. Moneys collected pursuant to subsection 1 shall be 27 deposited in a separate wireless E911 emergency communications 28 fund within the state treasury under the control of the program 29 manager. Section 8.33 shall not apply to moneys in the fund. 30 Moneys earned as income, including as interest, from the fund 31 shall remain in the fund until expended as provided in this 32 section . Moneys in the fund shall be expended and distributed 33 in the following priority order: 34 a. An amount as appropriated by the general assembly to 35 -7- LSB 6024SV (2) 84 rn/nh 7/ 14

S.F. 2272 the administrator shall be allocated to the administrator and 1 program manager for implementation, support, and maintenance of 2 the functions of the administrator and program manager and to 3 employ the auditor of state to perform an annual audit of the 4 wireless E911 emergency communications fund. 5 b. The program manager shall allocate twenty-one percent of 6 the total amount of surcharge generated to wireless carriers 7 to recover their costs to deliver wireless E911 phase 1 8 services. If the allocation in this paragraph is insufficient 9 to reimburse all wireless carriers for such carrier’s eligible 10 expenses, the program manager shall allocate a prorated amount 11 to each wireless carrier equal to the percentage of such 12 carrier’s eligible expenses as compared to the total of all 13 eligible expenses for all wireless carriers for the calendar 14 quarter during which such expenses were submitted. When 15 prorated expenses are paid, the remaining unpaid expenses shall 16 no longer be eligible for payment under this paragraph. 17 c. The program manager shall reimburse wire-line carriers 18 communication service providers on a calendar quarter basis for 19 carriers’ eligible expenses for transport costs between the 20 selective router and the public safety answering points related 21 to the delivery of wireless E911 phase 1 services. 22 d. The program manager shall reimburse wire-line 23 carriers and third-party E911 automatic location information 24 database providers on a calendar quarterly basis for the 25 costs of maintaining and upgrading the E911 components and 26 functionalities beyond the input to the E911 selective router, 27 including the E911 selective router and the automatic location 28 information database. 29 e. The program manager shall apply an amount up to 30 five hundred thousand dollars per calendar quarter to any 31 outstanding wireless E911 phase 1 obligations incurred pursuant 32 to this chapter prior to July 1, 2004. 33 f. e. (1) The program manager shall allocate an amount up 34 to one hundred fifty-nine thousand dollars per calendar quarter 35 -8- LSB 6024SV (2) 84 rn/nh 8/ 14

S.F. 2272 equally to the joint E911 service boards and the department of 1 public safety that have submitted an annual written request to 2 the program manager in a form approved by the program manager 3 by May 15 of each year. The program manager shall allocate to 4 each joint E911 service board and to the department of public 5 safety a minimum of one thousand dollars per calendar quarter 6 for each public safety answering point within the service area 7 of the department of public safety or joint E911 service board 8 that has submitted an annual written request to the program 9 manager in a form approved by the program manager by May 15 of 10 each year . 11 (2) Upon retirement of outstanding obligations referred to 12 in paragraph “e” , the The amount allocated under this paragraph 13 “f” “e” shall be twenty-five percent of the total amount of 14 surcharge generated per calendar quarter allocated as follows: 15 (a) Sixty-five percent of the total dollars available for 16 allocation shall be allocated in proportion to the square miles 17 of the service area to the total square miles in this state. 18 (b) Thirty-five percent of the total dollars available for 19 allocation shall be allocated in proportion to the wireless 20 E911 calls taken at the public safety answering point in 21 the service area to the total number of wireless E911 calls 22 originating in this state. 23 (c) Notwithstanding subparagraph divisions (a) and (b), the 24 minimum amount allocated to each joint E911 service board and 25 to the department of public safety shall be no less than one 26 thousand dollars for each public safety answering point within 27 the service area of the department of public safety or joint 28 E911 service board. 29 (3) The funds allocated in this paragraph “f” “e” shall 30 be used for communication equipment located inside the public 31 safety answering points for the implementation and maintenance 32 of wireless E911 phase 2 services . The joint E911 service 33 boards and the department of public safety shall provide an 34 estimate of phase 2 implementation costs to the program manager 35 -9- LSB 6024SV (2) 84 rn/nh 9/ 14

S.F. 2272 by January 1, 2005. 1 g. f. If moneys remain in the fund after fully paying 2 all obligations under paragraphs “a” through “f” “e” , the 3 remainder may be accumulated in the fund as a carryover 4 operating surplus. This surplus shall be used to fund 5 future phase 2 network and public safety answering point 6 improvements , including hardware and software for an internet 7 protocol-enabled next generation network, and wireless 8 carriers’ transport costs related to wireless E911 services, if 9 those costs are not otherwise recovered by wireless carriers 10 through customer billing or other sources and approved by the 11 program manager. Notwithstanding section 8.33 , any moneys 12 remaining in the fund at the end of each fiscal year shall 13 not revert to the general fund of the state but shall remain 14 available for the purposes of the fund. 15 h. g. The administrator, in consultation with the program 16 manager and the E911 communications council, shall adopt 17 rules pursuant to chapter 17A governing the distribution of 18 the surcharge collected and distributed pursuant to this 19 subsection . The rules shall include provisions that all joint 20 E911 service boards and the department of public safety which 21 answer or service wireless E911 calls are eligible to receive 22 an equitable portion of the receipts. 23 3. a. The program manager shall submit an annual 24 report by January 15 of each year to the general assembly’s 25 standing committees on government oversight advising the 26 general assembly of the status of E911 implementation and 27 operations, including both wire-line and wireless services, the 28 distribution of surcharge receipts, and an accounting of the 29 revenues and expenses of the E911 program. 30 b. The program manager shall submit a calendar quarter 31 report of the revenues and expenses of the E911 program to the 32 fiscal services division of the legislative services agency. 33 c. The general assembly’s standing committees on government 34 oversight shall review the priorities of distribution of funds 35 -10- LSB 6024SV (2) 84 rn/nh 10/ 14

S.F. 2272 under this chapter at least every two years. 1 4. The amount collected from a wireless communications 2 service provider and deposited in the fund, pursuant to 3 section 22.7, subsection 6 , information provided by a wireless 4 communications service provider to the program manager 5 consisting of trade secrets, pursuant to section 22.7, 6 subsection 3 , and other financial or commercial operations 7 information provided by a wireless communications service 8 provider to the program manager, shall be kept confidential as 9 provided under section 22.7 . This subsection does not prohibit 10 the inclusion of information in any report providing aggregate 11 amounts and information which does not identify numbers of 12 accounts or customers, revenues, or expenses attributable to an 13 individual wireless communications service provider. 14 5. For purposes of this section , “wireless communications 15 service” means commercial mobile radio service, as defined under 16 sections 3(27) and 332(d) of the federal Telecommunications 17 Act of 1996, 47 U.S.C. § 151 et seq.; federal communications 18 commission rules; and the Omnibus Budget Reconciliation 19 Act of 1993. “Wireless communications service” includes any 20 wireless two-way communications used in cellular telephone 21 service, personal communications service, or the functional or 22 competitive equivalent of a radio-telephone communications line 23 used in cellular telephone service, a personal communications 24 service, or a network access line. “Wireless communications 25 service” does not include services whose customers do not 26 have access to 911 or a 911-like service, a communications 27 channel utilized only for data transmission, or a private 28 telecommunications system. 29 Sec. 7. Section 34A.15, subsection 1, paragraph c, Code 30 Supplement 2011, is amended to read as follows: 31 c. One person appointed by the Iowa association of chiefs of 32 police and peace officers association . 33 Sec. 8. REPEAL. Section 34A.6A, Code 2011, is repealed. 34 EXPLANATION 35 -11- LSB 6024SV (2) 84 rn/nh 11/ 14

S.F. 2272 This bill makes several changes regarding the provisions of 1 Code chapter 34A, relating to enhanced 911 emergency telephone 2 systems. 3 The bill modifies definitions applicable to the Code 4 chapter. The bill provides that a “communications service” 5 means a service capable of accessing, connecting with, or 6 interfacing with a 911 system by dialing, initializing, or 7 otherwise activating the system exclusively through the digits 8 911 by means of a local telephone device, cellular telephone 9 device, wireless communications device, or alternative means to 10 be designated by the homeland security and emergency management 11 division of the department of public safety by rule. 12 The bill provides that a “communications service provider” 13 means a service provider, public or private, that transports 14 information electronically via landline, wireless, internet, 15 cable, or satellite. The bill changes references to the 16 wireless communications surcharge contained in Code section 17 34A.7A to an “emergency communications service surcharge”, 18 and adds a definition accordingly which references that Code 19 section. 20 The bill adds a definition of “wireless communications 21 service” to mean commercial mobile radio service, as defined 22 under specified federal legislation and rules, including any 23 wireless two-way communications used in cellular telephone 24 service, personal communications service, or the functional or 25 competitive equivalent of a radio-telephone communications line 26 used in cellular telephone service, a personal communications 27 service, or a network access line, and not including a service 28 whose customers do not have access to 911 or 911-like service, 29 a communications channel utilized only for data transmission, 30 or a private telecommunications system. The bill also adds a 31 definition of “wireless communications service provider” to 32 mean a company that offers commercial mobile radio service to 33 users of wireless devices including but not limited to cellular 34 telephone services, personal communications services, mobile 35 -12- LSB 6024SV (2) 84 rn/nh 12/ 14

S.F. 2272 satellite services, and enhanced specialized mobile radio. The 1 bill deletes a definition of “wireless communications service” 2 currently contained in Code section 34A.7A, subsection 5, as 3 being encompassed within the definitions added by the bill, 4 and also deletes a definition of “emergency 911 notification 5 device” which is not currently referred to within the Code 6 chapter. 7 The bill deletes a requirement that a state agency having 8 a public safety agency within its territory or jurisdiction 9 must participate in a joint E911 service board and cooperate in 10 maintaining the E911 service plan, but retains that requirement 11 with reference to political subdivisions. 12 The bill adds a reference to “wire-line” surcharges with 13 respect to the surcharge contained in Code section 34A.6, to 14 clarify that it applies to wire-line, rather than wireless, 15 communications and to promote consistency with the local 16 wire-line E911 service surcharge imposed pursuant to Code 17 section 34A.7. The bill deletes references to “telephone” 18 communications systems and surcharges contained in Code section 19 34A.7, in favor of the broader “emergency” communication 20 systems and surcharges. 21 The bill specifies that the emergency communication services 22 surcharge contained in Code section 34A.7A shall not be imposed 23 on wire-line-based communications, deletes references to 24 “telephone” devices and services contained in the Code section, 25 and deletes references to “wireless” communications service 26 providers and the “wireless” E911 emergency communications 27 fund. The bill increases the emergency communications service 28 surcharge from the current level of sixty-five cents per month 29 to one dollar per month, and repeals Code section 34A.6A, which 30 currently authorizes an alternative wire-line surcharge of up 31 to $2.50 per month for a 24-month period. 32 The bill deletes a requirement that up to $500,000 per 33 calendar quarter of surcharge funds shall be applied to 34 specified outstanding wireless E911 phase 1 obligations; 35 -13- LSB 6024SV (2) 84 rn/nh 13/ 14

S.F. 2272 deletes a requirement that up to $159,000 per calendar quarter 1 shall be allocated equally to joint E911 service boards and the 2 department of public safety if annual written request forms 3 have been submitted; and qualifies that an allocation to each 4 service board and the department of public safety of a minimum 5 of $1,000 per calendar quarter for each public safety answering 6 point must be pursuant to an annual written request. The bill 7 adds hardware and software for an internet protocol-enabled 8 next generation network to permissible uses of carryover 9 operating surplus moneys. 10 The bill additionally changes a current reference to the 11 Iowa association of chiefs of police and peace officers to the 12 Iowa peace officers association regarding appointments to the 13 E911 communications council. 14 -14- LSB 6024SV (2) 84 rn/nh 14/ 14