Senate
Study
Bill
1172
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
BOLKCOM)
A
BILL
FOR
An
Act
relating
to
enhanced
E911
emergency
communication
1
systems,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1422SC
(6)
85
rn/nh
S.F.
_____
Section
1.
Section
34A.7,
subsection
1,
paragraph
a,
Code
1
2013,
is
amended
by
striking
the
paragraph
and
inserting
in
2
lieu
thereof
the
following:
3
a.
To
encourage
local
implementation
of
E911
service,
one
4
source
of
funding
for
E911
emergency
communication
systems
5
shall
come
from
a
surcharge
per
month,
per
access
line
on
each
6
access
line
subscriber,
of
one
dollar.
7
Sec.
2.
Section
34A.7,
subsection
1,
paragraph
b,
8
subparagraph
(1),
Code
2013,
is
amended
to
read
as
follows:
9
(1)
The
program
manager
shall
notify
a
local
exchange
10
service
provider
scheduled
to
provide
exchange
access
line
11
service
to
an
E911
service
area
that
implementation
of
an
E911
12
service
plan
has
been
approved
by
the
joint
E911
service
board
13
and
by
the
service
area
referendum
and
that
collection
of
the
14
surcharge
is
to
begin
within
sixty
days.
15
Sec.
3.
Section
34A.7,
subsection
5,
Code
2013,
is
amended
16
to
read
as
follows:
17
5.
Use
of
moneys
in
fund
——
priority
and
limitations
on
18
expenditure.
19
a.
Moneys
deposited
in
the
E911
service
fund
shall
be
20
used
for
the
repayment
of
any
bonds
issued
for
the
benefit
21
of
or
loan
made
to
the
joint
E911
service
board
pursuant
to
22
sections
34A.20
through
34A.22
,
and
as
long
as
any
such
bond
23
or
loan
remains
unpaid
the
surcharge
shall
not
be
reduced
or
24
eliminated.
Moneys
deposited
in
the
fund
shall
be
subject
to
25
such
terms
and
conditions
as
may
be
contained
in
the
relevant
26
bond
documents,
trust
indenture,
resolution,
loan
agreement,
or
27
other
instrument
pursuant
to
which
bonds
are
issued
or
a
loan
28
is
made,
without
regard
to
any
limitation
otherwise
provided
29
by
law.
The
surcharge
may
be
increased,
but
shall
not
exceed
30
the
maximum
allowed
in
subsection
1
,
upon
approval
of
the
31
authority
upon
such
terms
and
conditions
as
may
be
contained
32
in
the
relevant
bond
documents,
trust
indenture,
resolution,
33
loan
agreement,
or
other
instrument
pursuant
to
which
bonds
are
34
issued
or
a
loan
is
made,
as
deemed
necessary
or
prudent
by
the
35
-1-
LSB
1422SC
(6)
85
rn/nh
1/
6
S.F.
_____
authority
to
secure
repayment
and
assure
marketability
or
a
1
reasonable
interest
rate.
2
b.
Moneys
deposited
in
the
E911
service
fund
shall
be
used
3
for
the
following,
in
order
of
priority
if
paragraph
“a”
does
4
not
apply:
5
(1)
Money
shall
first
be
spent
for
actual
recurring
costs
of
6
operating
the
E911
service
plan.
7
(2)
If
money
remains
in
the
fund
after
fully
paying
for
8
recurring
costs
incurred
in
the
preceding
year,
the
remainder
9
may
be
spent
to
pay
for
nonrecurring
costs,
not
to
exceed
10
actual
nonrecurring
costs
as
approved
by
the
program
manager.
11
(3)
If
money
remains
in
the
fund
after
fully
paying
12
obligations
under
subparagraphs
(1)
and
(2),
the
remainder
may
13
be
accumulated
in
the
fund
as
a
carryover
operating
surplus.
14
If
the
surplus
is
greater
than
twenty-five
percent
of
the
15
approved
annual
operating
budget
for
the
next
year,
the
program
16
manager
shall
reduce
the
surcharge
by
an
amount
calculated
to
17
result
in
a
surplus
of
no
more
than
twenty-five
percent
of
the
18
planned
annual
operating
budget.
After
nonrecurring
costs
have
19
been
paid,
if
the
surcharge
is
less
than
the
maximum
allowed
20
and
the
fund
surplus
is
less
than
twenty-five
percent
of
the
21
approved
annual
operating
budget,
the
program
manager
shall,
22
upon
application
of
the
joint
E911
service
board,
increase
the
23
surcharge
in
an
amount
calculated
to
result
in
a
surplus
of
24
twenty-five
percent
of
the
approved
annual
operating
budget.
25
The
surcharge
may
only
be
adjusted
once
in
a
single
year,
upon
26
sixty
days’
prior
notice
to
the
provider.
27
Sec.
4.
Section
34A.7,
subsection
7,
Code
2013,
is
amended
28
by
striking
the
subsection.
29
Sec.
5.
Section
34A.7A,
subsection
1,
paragraphs
a
and
b,
30
Code
2013,
are
amended
to
read
as
follows:
31
a.
Notwithstanding
section
34A.6
,
the
The
administrator
32
shall
adopt
by
rule
a
monthly
surcharge
of
up
to
sixty-five
33
cents
one
dollar
to
be
imposed
on
each
communications
service
34
number
provided
in
this
state.
The
surcharge
shall
be
35
-2-
LSB
1422SC
(6)
85
rn/nh
2/
6
S.F.
_____
imposed
uniformly
on
a
statewide
basis
and
simultaneously
1
on
all
communications
service
numbers
as
provided
by
rule
2
of
the
administrator.
The
surcharge
shall
not
be
imposed
3
on
wire-line-based
communications
or
prepaid
wireless
4
telecommunications
service.
5
b.
The
program
manager
shall
provide
no
less
than
6
sixty
days’
notice
of
the
surcharge
to
be
imposed
to
each
7
communications
service
provider.
The
program
manager,
subject
8
to
the
sixty-five
cent
limit
in
paragraph
“a”
,
may
adjust
the
9
amount
of
the
surcharge
as
necessary,
but
no
more
than
once
in
10
any
calendar
year.
11
Sec.
6.
Section
34A.7A,
subsection
2,
Code
2013,
is
amended
12
by
adding
the
following
new
paragraph:
13
NEW
PARAGRAPH
.
0b.
The
program
manager
shall
allocate
14
thirteen
percent
of
the
total
amount
of
surcharge
generated
15
to
wireless
carriers
to
recover
their
costs
to
deliver
E911
16
phase
1
services.
If
the
allocation
in
this
paragraph
is
17
insufficient
to
reimburse
all
wireless
carriers
for
such
18
carrier’s
eligible
expenses,
the
program
manager
shall
allocate
19
a
prorated
amount
to
each
wireless
carrier
equal
to
the
20
percentage
of
such
carrier’s
eligible
expenses
as
compared
to
21
the
total
of
all
eligible
expenses
for
all
wireless
carriers
22
for
the
calendar
quarter
during
which
such
expenses
were
23
submitted.
When
prorated
expenses
are
paid,
the
remaining
24
unpaid
expenses
shall
no
longer
be
eligible
for
payment
under
25
this
paragraph.
26
Sec.
7.
Section
34A.7A,
subsection
2,
paragraph
e,
Code
27
2013,
is
amended
to
read
as
follows:
28
e.
If
moneys
remain
in
the
fund
after
fully
paying
all
29
obligations
under
paragraphs
“a”
through
,
“0b”
,
“b”
,
“c”
,
30
and
“d”
,
the
remainder
may
be
accumulated
in
the
fund
as
a
31
carryover
operating
surplus.
This
surplus
shall
be
used
32
to
fund
future
network
and
public
safety
answering
point
33
improvements,
including
hardware
and
software
for
an
internet
34
protocol-enabled
next
generation
network,
and
wireless
35
-3-
LSB
1422SC
(6)
85
rn/nh
3/
6
S.F.
_____
carriers’
transport
costs
related
to
wireless
E911
services,
if
1
those
costs
are
not
otherwise
recovered
by
wireless
carriers
2
through
customer
billing
or
other
sources
and
approved
by
the
3
program
manager
in
consultation
with
the
E911
communications
4
council
.
Notwithstanding
section
8.33
,
any
moneys
remaining
5
in
the
fund
at
the
end
of
each
fiscal
year
shall
not
revert
to
6
the
general
fund
of
the
state
but
shall
remain
available
for
7
the
purposes
of
the
fund.
8
Sec.
8.
Section
34A.7A,
Code
2013,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
5.
a.
The
program
manager,
in
consultation
11
with
the
E911
communications
council,
shall
establish
a
12
methodology
for
determining
and
collecting
comprehensive
public
13
safety
answering
point
cost
and
expense
data.
The
methodology
14
shall
include
the
collection
of
data
for
all
costs
and
expenses
15
related
to
the
operation
of
a
public
safety
answering
point
and
16
account
for
the
extent
to
which
identified
costs
and
expenses
17
are
compensated
for
or
addressed
through
E911
surcharges
versus
18
other
sources
of
funding.
19
b.
Data
collection
pursuant
to
paragraph
“a”
shall
commence
20
no
later
than
January
1,
2014.
The
program
manager
shall
21
prepare
a
report
detailing
the
methodology
developed
and
22
the
data
collected
after
such
data
has
been
collected
for
a
23
two-year
period.
The
report
shall
be
submitted
to
the
general
24
assembly
by
March
1,
2016,
and
every
two
years
thereafter.
25
c.
A
public
safety
answering
point
which
fails
to
submit
26
expenses
and
costs
pursuant
to
the
methodology
developed
27
pursuant
to
paragraph
“a”
by
March
31,
2014,
shall
be
allocated
28
sixty-five
cents
out
of
the
one
dollar
emergency
communications
29
service
surcharge
until
March
31,
2015.
A
public
safety
30
answering
point
which
fails
to
submit
expenses
and
costs
by
31
March
31,
2015,
shall
continue
to
be
allocated
sixty-five
32
cents
out
of
the
one
dollar
emergency
communications
service
33
surcharge
until
March
31,
2016,
and
all
revenue
derived
during
34
this
second
year
shall,
notwithstanding
any
provision
to
the
35
-4-
LSB
1422SC
(6)
85
rn/nh
4/
6
S.F.
_____
contrary,
be
deposited
in
the
emergency
communications
fund
and
1
accumulated
as
operating
surplus
as
provided
in
subsection
2,
2
paragraph
“e”
.
These
provisions
shall
remain
applicable
for
3
failure
to
submit
required
data
for
every
successive
two-year
4
period.
5
Sec.
9.
REPEAL.
Sections
34A.6
and
34A.6A,
Code
2013,
are
6
repealed.
7
EXPLANATION
8
This
bill
modifies
provisions
applicable
to
the
9
administration
and
funding
of
enhanced
E911
emergency
10
communication
systems.
11
The
bill
eliminates
existing
voter
referendum
requirements
12
regarding
imposition
of
the
local
wire-line
E911
service
13
surcharge
and
the
alternative
surcharge
applicable
to
wire-line
14
communications
contained
in
Code
sections
34A.6
and
34A.6A,
15
respectively.
The
bill
replaces
current
provisions
authorizing
16
imposition
of
the
wire-line
E911
service
surcharge
in
an
amount
17
up
to
$1
per
access
line
with
a
requirement
that
the
surcharge
18
be
imposed
at
the
$1
level.
The
bill
increases
the
level
of
19
the
emergency
communications
service
surcharge
from
the
current
20
level
of
up
to
65
cents
per
communications
service
number
to
21
$1
per
service
number.
22
The
bill
reinstates
provisions
authorizing
wireless
carriers
23
to
recover
their
E911
service
delivery
costs
which
were
24
eliminated
during
the
2012
legislative
session.
However,
the
25
bill
specifies
that
the
program
manager
shall
allocate
13
26
percent
of
the
total
amount
of
emergency
communications
service
27
surcharge
revenue
for
such
cost
recovery.
Further,
the
bill
28
requires
the
E911
program
manager
to
consult
with
the
E911
29
communications
council
regarding
how
revenue
accumulated
in
the
30
emergency
communications
fund
as
carryover
operating
surplus
31
shall
be
allocated.
Currently,
this
determination
is
made
32
strictly
with
the
approval
of
the
program
manager.
33
Additionally,
the
bill
directs
the
program
manager,
in
34
consultation
with
the
council,
to
establish
a
methodology
35
-5-
LSB
1422SC
(6)
85
rn/nh
5/
6
S.F.
_____
for
determining
and
collecting
comprehensive
public
safety
1
answering
point
cost
and
expense
data.
The
bill
states
that
2
data
collection
shall
commence
no
later
than
January
1,
2014,
3
and
that
the
program
manager
shall
prepare
a
report
detailing
4
the
methodology
and
the
data
collected
after
the
data
has
5
been
collected
for
two
years.
The
report
is
required
to
6
be
submitted
to
the
general
assembly
by
March
1,
2016,
and
7
every
two
years
thereafter.
The
bill
provides
that
a
public
8
safety
answering
point
which
fails
to
submit
expenses
and
9
costs
pursuant
to
the
methodology
by
March
31,
2014,
shall
10
be
allocated
65
cents
out
of
the
emergency
communications
11
service
surcharge
until
March
31,
2015,
and
that
a
public
12
safety
answering
point
which
fails
to
submit
expenses
and
costs
13
by
March
31,
2015,
shall
continue
to
be
allocated
65
cents
14
until
March
31,
2016,
with
all
revenue
derived
during
this
15
second
year
deposited
and
accumulated
as
operating
surplus
in
16
the
emergency
communications
fund.
The
bill
specifies
that
17
these
provisions
remain
applicable
to
public
safety
answering
18
points
for
failure
to
submit
required
data
for
every
successive
19
two-year
period.
20
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LSB
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6