SF 2241 (LSB 6010SV (1) 86)

SENATE FILE 2241

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SSB 3145)

A BILL FOR

An Act relating to the distribution and permissible expenditures of the emergency communications service surcharge and the name of the surcharge fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 34A.7A, subsection 2, Code 2016, is amended to read as follows:
   2.  Moneys collected pursuant to subsection 1 and section 34A.7B, subsection 2, shall be deposited in a separate E911 emergency communications fund to be known as the Tom Hancock emergency communications service surcharge memorial fund within the state treasury under the control of the program manager. Section 8.33 shall not apply to moneys in the fund. Moneys earned as income, including as interest, from the fund shall remain in the fund until expended as provided in this section. Moneys in the fund shall be expended and distributed in the following priority order:
   a.  An amount as appropriated by the general assembly to the director shall be allocated to the director and program manager for implementation, support, and maintenance of the functions of the director and program manager and to employ the auditor of state to perform an annual audit of the E911 emergency communications fund.
   b.  (1)  The program manager shall allocate to each joint E911 service board and to the department of public safety a minimum of one thousand dollars per calendar quarter for each public safety answering point within the service area of the department of public safety or joint E911 service board that has submitted an annual written request to the program manager in a form approved by the program manager by May 15 of each year.
   (2)  The amount allocated under this paragraph “b” shall be sixty percent of the total amount of surcharge generated per calendar quarter allocated as follows:
   (a)  Sixty-five percent of the total dollars available for allocation shall be allocated in proportion to the square miles of the service area to the total square miles in this state.
   (b)  Thirty-five percent of the total dollars available for allocation shall be allocated in proportion to the wireless E911 calls taken at the public safety answering point in the service area to the total number of wireless E911 calls originating in this state.
   (c)  Notwithstanding subparagraph divisions (a) and (b), the minimum amount allocated to each joint E911 service board and to the department of public safety shall be no less than one thousand dollars for each public safety answering point within the service area of the department of public safety or joint E911 service board.
   (3)  The funds allocated in this paragraph “b” shall be used for emergency communication equipment utilized by the public safety answering points for the implementation and maintenance of E911 services.
   b.  c.   From July 1, 2013, until June 30, 2026, the program manager shall allocate ten percent of the total amount of surcharge generated to wireless carriers to recover their costs to deliver E911 phase 1 services. If the allocation in this paragraph is insufficient to reimburse all wireless carriers for such carrier’s eligible expenses, the program manager shall allocate a prorated amount to each wireless carrier equal to the percentage of such carrier’s eligible expenses as compared to the total of all eligible expenses for all wireless carriers for the calendar quarter during which such expenses were submitted. When prorated expenses are paid, the remaining unpaid expenses shall no longer be eligible for payment under this paragraph.
   c.  d.  The program manager shall reimburse communications service providers on a calendar quarter basis for carriers’ eligible expenses for transport costs between the selective router and the public safety answering points related to the delivery of wireless E911 phase 1 services.
   d.  e.  The program manager shall reimburse wire-line carriers and third-party E911 automatic location information database providers on a calendar quarterly basis for the costs of maintaining and upgrading the E911 components and functionalities beyond the input to the E911 selective router, including the E911 selective router and the automatic location information database.
   e.  (1)   The program manager shall allocate to each joint E911 service board and to the department of public safety a minimum of one thousand dollars per calendar quarter for each public safety answering point within the service area of the department of public safety or joint E911 service board that has submitted an annual written request to the program manager in a form approved by the program manager by May 15 of each year.
   (2)  The amount allocated under this paragraph “e” shall be forty-six percent of the total amount of surcharge generated per calendar quarter allocated as follows:
   (a)  Sixty-five percent of the total dollars available for allocation shall be allocated in proportion to the square miles of the service area to the total square miles in this state.
   (b)  Thirty-five percent of the total dollars available for allocation shall be allocated in proportion to the wireless E911 calls taken at the public safety answering point in the service area to the total number of wireless E911 calls originating in this state.
   (c)  Notwithstanding subparagraph divisions (a) and (b), the minimum amount allocated to each joint E911 service board and to the department of public safety shall be no less than one thousand dollars for each public safety answering point within the service area of the department of public safety or joint E911 service board.
   (3)  The funds allocated in this paragraph “e” shall be used for communication equipment utilized by the public safety answering points for the implementation and maintenance of E911 services. 
   f.  (1)  If moneys remain in the fund after fully paying all obligations under paragraphs “a”, “b”, “c”, “d”, and “e”, the remainder may be accumulated in the fund as a carryover operating surplus. shall be expended and distributed in the following priority order: 
   (a)  The program manager, in consultation with the E911 communications council, shall allocate an amount, not to exceed one hundred thousand dollars per fiscal year, for development of public awareness and educational programs related to the use of 911 by the public, educational programs for personnel responsible for the maintenance, operation, and upgrading of local E911 systems, and the expenses of members of the E911 communications council for travel, monthly meetings, and training.
   (b)  The program manager shall allocate remaining surplus shall be used moneys equally as follows: 
   (i)  To public safety answering points to fund future network and public safety answering point improvements and for the receipt and disposition of 911 calls, including hardware and software for an internet protocol-enabled next generation network, and wireless. 
   (ii)  Costs related to access the state’s interoperable communications system.
   (iii)  Costs related to the receipt and disposition of 911 calls.
   (iv)  Wireless carriers’ transport costs related to wireless E911 services, if those costs are not otherwise recovered by wireless carriers through customer billing or other sources and approved by the program manager in consultation with the E911 communications council.
   (2)  Notwithstanding section 8.33, any moneys remaining in the fund at the end of each fiscal year shall not revert to the general fund of the state but shall remain available for the purposes of the fund.
   g.  The director, in consultation with the program manager and the E911 communications council, shall adopt rules pursuant to chapter 17A governing the distribution of the surcharge collected and distributed pursuant to this subsection. The rules shall include provisions that all joint E911 service boards and the department of public safety which answer or service wireless E911 calls are eligible to receive an equitable portion of the receipts.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the distribution and permissible expenditures of the E911 emergency communications service surcharge.
   Under current Code section 34A.7A, a monthly surcharge is imposed on all communications service providers in Iowa. Moneys collected pursuant to the surcharge are deposited in a fund and are distributed by the E911 program manager in a priority order as listed in Code section 34A.7A(2), paragraphs “a” through “f”.
   The bill establishes a higher priority of funding for the contents of Code section 34A.7A(2), paragraph “e”, which relates to funding to be provided to joint E911 service boards and to the department of public safety (DPS), and increases the amount of moneys allocated for funding under this paragraph from 46 percent to 60 percent of the total amount of surcharge generated. The bill also specifies that the funds allocated to such joint E911 boards and to DPS shall be used for “emergency” communication equipment to receive and dispose of 911 calls.
   The bill amends Code section 34A.7A(2), paragraph “f”, which relates to the distribution of any moneys remaining after fully paying all prioritized obligations under the previous paragraphs, by establishing a new priority order for the expenditure and distribution of such remaining moneys. First in this priority order is an amount, not to exceed $100,000 per year, to be allocated for the development of public awareness and educational programs relating to the use and maintenance of E911 systems and for the expenses of members of the E911 communications travel for meetings and training. Second in this priority order is for any remaining moneys to be allocated equally to the following: public safety answering points to fund future network improvements; costs related to access the Iowa interoperable communications system; costs related to the receipt and disposition of 911 calls; and wireless carriers’ transport costs for wireless E911 services, if applicable.
   The bill changes the name of the E911 emergency communications fund established in Code section 34A.7A(2) to the “Tom Hancock emergency communications service surcharge memorial fund”.