Senate
File
454
-
Introduced
SENATE
FILE
454
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1082)
A
BILL
FOR
An
Act
relating
to
911
emergency
telephone
and
internet
1
communication
systems
and
making
appropriations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
29C.2,
subsection
6,
Code
2017,
is
1
amended
to
read
as
follows:
2
6.
“Local
emergency
management
agency”
means
a
countywide
3
joint
county-municipal
public
safety
agency
organized
to
4
administer
this
chapter
under
the
authority
of
a
commission.
5
Sec.
2.
Section
34A.1,
Code
2017,
is
amended
to
read
as
6
follows:
7
34A.1
Purpose.
8
The
general
assembly
finds
that
enhanced
911
emergency
9
telephone
communication
systems
and
other
emergency
911
10
notification
devices
further
the
public
interest
and
protect
11
the
health,
safety,
and
welfare
of
the
people
of
Iowa.
The
12
purpose
of
this
chapter
is
to
enable
the
orderly
development,
13
installation,
and
operation
of
enhanced
911
emergency
telephone
14
communication
systems
and
other
emergency
911
notification
15
devices
statewide.
These
systems
are
to
be
operated
under
16
governmental
management
and
control
for
the
public
benefit.
17
Sec.
3.
Section
34A.2,
Code
2017,
is
amended
to
read
as
18
follows:
19
34A.2
Definitions.
20
As
used
in
this
chapter
,
unless
the
context
otherwise
21
requires:
22
1.
“911
service
area”
means
the
geographic
area
encompassing
23
at
least
one
entire
county,
and
which
may
encompass
a
24
geographical
area
outside
the
one
entire
county
not
restricted
25
to
county
boundaries,
serviced
or
to
be
serviced
under
a
911
26
service
plan.
27
2.
“911
service
plan”
means
a
plan
that
includes
the
28
following
information:
29
a.
A
description
of
the
911
service
area.
30
b.
A
list
of
all
public
and
private
safety
agencies
within
31
the
911
service
area.
32
c.
The
number
of
public
safety
answering
points
within
the
33
911
service
area.
34
d.
Identification
of
the
agency
responsible
for
management
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and
supervision
of
the
911
emergency
communication
system.
1
e.
(1)
A
statement
of
estimated
costs
to
be
incurred
by
2
the
joint
911
service
board
or
the
department
of
public
safety,
3
including
separate
estimates
of
the
following:
4
(a)
Nonrecurring
costs,
including
but
not
limited
to
public
5
safety
answering
points,
network
equipment,
software,
database,
6
addressing,
training,
and
other
capital
expenditures,
including
7
the
purchase
or
lease
of
subscriber
names,
addresses,
and
8
telephone
information
from
the
local
exchange
service
provider.
9
(b)
Recurring
costs,
including
but
not
limited
to
10
network
access
fees
and
other
telephone
charges,
software,
11
equipment,
and
database
management,
and
maintenance,
including
12
the
purchase
or
lease
of
subscriber
names,
addresses,
and
13
telephone
information
from
the
local
exchange
service
provider.
14
Recurring
costs
shall
not
include
personnel
costs
for
a
public
15
safety
answering
point.
16
(2)
Funds
deposited
in
a
911
service
fund
are
appropriated
17
and
shall
be
used
for
the
payment
of
costs
that
are
limited
to
18
nonrecurring
and
recurring
costs
directly
attributable
to
the
19
receipt
and
disposition
of
the
911
call.
Costs
do
not
include
20
expenditures
for
any
other
purpose,
and
specifically
exclude
21
costs
attributable
to
other
emergency
services
or
expenditures
22
for
buildings
or
personnel,
except
for
the
costs
of
personnel
23
for
database
management
and
personnel
directly
associated
with
24
addressing.
25
f.
Current
equipment
operated
by
affected
local
exchange
26
service
providers,
and
central
office
equipment
and
technology
27
upgrades
necessary
for
the
provider
to
implement
911
service
28
within
the
911
service
area.
29
g.
A
schedule
for
implementation
of
the
plan
throughout
30
the
911
service
area.
The
schedule
may
provide
for
phased
31
implementation.
32
h.
The
number
of
telephone
access
lines
and
voice
over
33
internet
protocol
service
connections
capable
of
access
to
911
34
in
the
911
service
area.
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i.
The
total
property
valuation
in
the
911
service
area.
1
j.
A
plan
to
migrate
to
a
next
generation
911
network.
2
1.
3.
“Access
line”
means
an
exchange
access
line
that
3
has
the
ability
to
access
dial
tone
and
reach
a
public
safety
4
answering
point.
5
2.
4.
“Communications
service”
means
a
service
capable
6
of
accessing,
connecting
with,
or
interfacing
with
a
911
7
system
by
dialing,
initializing,
or
otherwise
activating
the
8
system
exclusively
through
the
digits
911
by
means
of
a
local
9
telephone
device
,
or
wireless
communications
device
,
or
any
10
other
device
capable
of
interfacing
with
the
911
system
.
11
3.
“Communications
service
provider”
means
a
service
12
provider,
public
or
private,
that
transports
information
13
electronically
via
landline,
wireless,
internet,
cable,
or
14
satellite.
15
4.
5.
“Competitive
local
exchange
service
provider”
means
16
the
same
as
defined
in
section
476.96
.
17
5.
6.
“Director”
means
the
director
of
the
department
of
18
homeland
security
and
emergency
management.
19
6.
7.
“Emergency
communications
service
surcharge”
means
a
20
charge
established
by
the
program
manager
in
accordance
with
21
section
34A.7A
.
22
8.
“Emergency
services
internet
protocol
network”
or
“ESInet”
23
means
a
system
using
broadband
packet-switched
technology
that
24
is
capable
of
supporting
the
transmission
of
varying
types
of
25
data
to
be
shared
by
all
public
or
private
safety
agencies
that
26
are
involved
in
an
emergency.
27
7.
9.
“Enhanced
911”
or
“E911”
means
a
service
that
28
provides
the
user
of
a
communications
service
with
the
ability
29
to
reach
a
public
safety
answering
point
by
using
the
digits
30
911,
and
that
has
the
following
additional
features:
31
a.
Routes
an
incoming
911
call
to
the
appropriate
public
32
safety
answering
point.
33
b.
Automatically
provides
voice,
displays
the
name,
address
34
or
location,
and
telephone
number
of
an
incoming
911
call
and
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public
safety
agency
servicing
the
location.
1
8.
“Enhanced
911
service
area”
means
the
geographic
area
2
to
be
serviced,
or
currently
serviced
under
an
enhanced
911
3
service
plan,
provided
that
an
enhanced
911
service
area
must
4
at
minimum
encompass
one
entire
county.
The
enhanced
911
5
service
area
may
encompass
more
than
one
county,
and
need
not
6
be
restricted
to
county
boundaries.
7
9.
“Enhanced
911
service
plan”
means
a
plan
that
includes
8
the
following
information:
9
a.
A
description
of
the
enhanced
911
service
area.
10
b.
A
list
of
all
public
and
private
safety
agencies
within
11
the
enhanced
911
service
area.
12
c.
The
number
of
public
safety
answering
points
within
the
13
enhanced
911
service
area.
14
d.
Identification
of
the
agency
responsible
for
management
15
and
supervision
of
the
enhanced
911
emergency
communication
16
system.
17
e.
(1)
A
statement
of
estimated
costs
to
be
incurred
by
the
18
joint
E911
service
board
or
the
department
of
public
safety,
19
including
separate
estimates
of
the
following:
20
(a)
Nonrecurring
costs,
including
but
not
limited
to
public
21
safety
answering
points,
network
equipment,
software,
database,
22
addressing,
training,
and
other
capital
expenditures,
including
23
the
purchase
or
lease
of
subscriber
names,
addresses,
and
24
telephone
information
from
the
local
exchange
service
provider.
25
(b)
Recurring
costs,
including
but
not
limited
to
26
network
access
fees
and
other
telephone
charges,
software,
27
equipment,
and
database
management,
and
maintenance,
including
28
the
purchase
or
lease
of
subscriber
names,
addresses,
and
29
telephone
information
from
the
local
exchange
service
provider.
30
Recurring
costs
shall
not
include
personnel
costs
for
a
public
31
safety
answering
point.
32
(2)
Funds
deposited
in
an
E911
service
fund
are
appropriated
33
and
shall
be
used
for
the
payment
of
costs
that
are
limited
to
34
nonrecurring
and
recurring
costs
directly
attributable
to
the
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receipt
and
disposition
of
the
911
call.
Costs
do
not
include
1
expenditures
for
any
other
purpose,
and
specifically
exclude
2
costs
attributable
to
other
emergency
services
or
expenditures
3
for
buildings
or
personnel,
except
for
the
costs
of
personnel
4
for
database
management
and
personnel
directly
associated
with
5
addressing.
6
f.
Current
equipment
operated
by
affected
local
exchange
7
service
providers,
and
central
office
equipment
and
technology
8
upgrades
necessary
for
the
provider
to
implement
enhanced
911
9
service
within
the
enhanced
911
service
area.
10
g.
A
schedule
for
implementation
of
the
plan
throughout
11
the
E911
service
area.
The
schedule
may
provide
for
phased
12
implementation.
13
h.
The
number
of
telephone
access
lines
capable
of
access
to
14
911
in
the
enhanced
911
service
area.
15
i.
The
total
property
valuation
in
the
enhanced
911
service
16
area.
17
j.
A
plan
to
migrate
to
an
internet
protocol-enabled
next
18
generation
network.
19
10.
“Geographic
information
system”
or
“GIS”
means
a
system
20
designed
to
capture,
store,
manipulate,
analyze,
manage,
and
21
present
spatial
or
geographical
data.
22
10.
11.
“Local
exchange
carrier”
means
the
same
as
defined
23
in
section
476.96
.
24
11.
12.
“Local
exchange
service
provider”
means
a
vendor
25
engaged
in
providing
telecommunications
service
between
26
points
within
an
exchange
and
includes
but
is
not
limited
to
27
a
competitive
local
exchange
service
provider
and
a
local
28
exchange
carrier.
29
13.
“Next
generation
911
network”
means
an
internet
30
protocol-enabled
system
that
enables
the
public
to
transmit
31
digital
information
to
public
safety
answering
points
32
and
replaces
enhanced
911,
and
that
includes
ESInet,
GIS,
33
cybersecurity,
and
other
system
components.
34
14.
“Originating
service
provider”
means
a
communications
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provider
that
allows
its
users
or
subscribers
to
originate
1
911
voice
or
non-voice
messages
from
the
public
to
public
2
safety
answering
points,
including
but
not
limited
to
wireline,
3
wireless,
and
voice
over
internet
protocol
services.
4
12.
15.
“Prepaid
wireless
telecommunications
service”
5
means
a
wireless
communications
service
that
provides
the
6
right
to
utilize
mobile
wireless
service
as
well
as
other
7
nontelecommunications
services,
including
the
download
8
of
digital
products
delivered
electronically,
content
and
9
ancillary
services,
which
must
be
paid
for
in
advance
and
that
10
is
sold
in
predetermined
units
or
dollars
of
which
the
amount
11
declines
with
use
in
a
known
amount.
12
13.
16.
“Program
manager”
means
the
E911
911
program
13
manager
appointed
pursuant
to
section
34A.2A
.
14
14.
17.
“Provider”
means
a
vendor
who
provides,
or
offers
15
to
provide,
E911
911
equipment,
installation,
maintenance,
or
16
exchange
access
services
within
the
enhanced
911
service
area.
17
15.
18.
“Public
or
private
safety
agency”
means
a
unit
18
of
state
or
local
government,
a
local
emergency
management
19
agency
as
defined
in
section
29C.2,
a
special
purpose
district,
20
or
a
private
firm
which
provides
or
has
the
authority
to
21
provide
fire
fighting,
police,
ambulance,
or
emergency
medical
22
services,
or
hazardous
materials
response.
23
16.
19.
“Public
safety
answering
point”
means
a
24
twenty-four-hour
public
safety
communications
facility
that
25
receives
enhanced
911
service
calls
and
directly
dispatches
26
emergency
response
services
or
relays
calls
to
the
appropriate
27
public
or
private
safety
agency.
28
20.
“Voice
over
internet
protocol
service”
means
a
service
to
29
which
all
of
the
following
apply:
30
a.
The
service
provides
real-time
two-way
voice
31
communications
transmitted
using
internet
protocol,
and
a
32
successor
protocol.
33
b.
The
service
is
offered
to
the
public,
or
such
classes
of
34
users
as
to
be
effectively
available
to
the
public.
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c.
The
service
has
the
capability
to
originate
traffic
1
to,
and
terminate
traffic
from,
the
public
switched
telephone
2
network
or
a
successor
network.
3
17.
21.
“Wireless
communications
service”
means
commercial
4
mobile
radio
service.
“Wireless
communications
service”
5
includes
any
wireless
two-way
communications
used
in
cellular
6
telephone
service,
personal
communications
service,
or
the
7
functional
or
competitive
equivalent
of
a
radio-telephone
8
communications
line
used
in
cellular
telephone
service,
a
9
personal
communications
service,
or
a
network
access
line.
10
“Wireless
communications
service”
does
not
include
a
service
11
whose
customers
do
not
have
access
to
911
or
911-like
service,
12
a
communications
channel
utilized
only
for
data
transmission,
13
or
a
private
telecommunications
system.
14
18.
22.
“Wireless
communications
service
provider”
means
a
15
company
that
offers
wireless
communications
service
to
users
16
of
wireless
devices
including
but
not
limited
to
cellular,
17
personal
communications
services,
mobile
satellite
services,
18
and
enhanced
specialized
mobile
radio.
19
19.
23.
“Wireless
E911
phase
1”
means
a
911
call
made
from
20
a
wireless
device
in
which
the
wireless
communications
service
21
provider
delivers
the
call-back
number
and
address
of
the
22
tower
that
received
the
call
to
the
appropriate
public
safety
23
answering
point.
24
20.
24.
“Wireless
E911
phase
2”
means
a
911
call
made
from
25
a
wireless
device
in
which
the
wireless
communications
service
26
provider
delivers
the
call-back
number
and
the
latitude
and
27
longitude
coordinates
of
the
wireless
device
to
the
appropriate
28
public
safety
answering
point.
29
21.
25.
“Wire-line
E911
911
service
surcharge”
means
a
30
charge
set
by
the
E911
911
service
area
operating
authority
31
and
assessed
on
each
wire-line
access
line
which
physically
32
terminates
within
the
E911
911
service
area
in
accordance
with
33
section
34A.7
.
34
Sec.
4.
Section
34A.2A,
subsections
1
and
2,
Code
2017,
are
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454
amended
to
read
as
follows:
1
1.
The
director
of
the
department
of
homeland
security
2
and
emergency
management
shall
appoint
an
E911
a
911
program
3
manager
to
administer
this
chapter
.
4
2.
The
E911
911
program
manager
shall
act
under
the
5
supervisory
control
of
the
director
of
the
department
of
6
homeland
security
and
emergency
management,
and
in
consultation
7
with
the
E911
911
communications
council,
and
shall
perform
the
8
duties
specifically
set
forth
in
this
chapter
and
as
assigned
9
by
the
director.
10
Sec.
5.
Section
34A.3,
Code
2017,
is
amended
to
read
as
11
follows:
12
34A.3
Joint
E911
911
service
board
——
911
service
plan
——
13
implementation
——
waivers.
14
1.
Joint
E911
911
service
boards
——
plans.
15
a.
The
board
of
supervisors
of
each
county
shall
maintain
a
16
joint
E911
911
service
board.
17
(1)
Each
political
subdivision
of
the
state
having
a
public
18
safety
agency
serving
territory
within
the
county
and
each
19
local
emergency
management
agency
as
defined
in
section
29C.2
20
operating
within
the
area
is
entitled
to
voting
membership
on
21
the
joint
E911
911
service
board.
For
the
purposes
of
this
22
section
,
a
township
that
operates
a
volunteer
fire
department
23
providing
fire
protection
services
to
the
township,
or
a
city
24
which
provides
fire
protection
services
through
the
operation
25
of
a
volunteer
fire
department
not
financed
through
city
26
government,
shall
be
considered
a
political
subdivision
of
the
27
state
having
a
public
safety
agency
serving
territory
within
28
the
county.
Each
private
safety
agency
operating
within
the
29
area
is
entitled
to
nonvoting
membership
on
the
board.
30
(2)
A
township
that
does
not
operate
its
own
public
safety
31
agency,
but
contracts
for
the
provision
of
public
safety
32
services,
is
not
entitled
to
membership
on
the
joint
E911
911
33
service
board,
but
its
contractor
is
entitled
to
membership
34
according
to
the
contractor’s
status
as
a
public
or
private
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safety
agency.
1
b.
The
joint
E911
911
service
board
shall
maintain
an
2
enhanced
a
911
service
plan
encompassing
at
minimum
the
entire
3
county,
unless
an
exemption
is
granted
by
the
program
manager
4
permitting
a
smaller
E911
911
service
area.
5
(1)
The
program
manager
may
grant
a
discretionary
exemption
6
from
the
single
county
minimum
service
area
requirement
based
7
upon
a
joint
E911
911
service
board’s
or
other
E911
911
service
8
plan
operating
authority’s
presentation
of
evidence
which
9
supports
the
requested
exemption
if
the
program
manager
finds
10
that
local
conditions
make
adherence
to
the
minimum
standard
11
unreasonable
or
technically
infeasible
and
that
the
purposes
12
of
this
chapter
would
be
furthered
by
granting
an
exemption.
13
The
minimum
size
requirement
is
intended
to
prevent
unnecessary
14
duplication
of
public
safety
answering
points
and
minimize
15
other
administrative,
personnel,
and
equipment
expenses.
16
(2)
The
program
manager
may
order
the
inclusion
of
a
17
specific
territory
in
an
adjoining
E911
911
service
plan
area
18
to
avoid
the
creation
by
exclusion
of
a
territory
smaller
than
19
a
single
county
not
serviced
by
surrounding
E911
911
service
20
plan
areas
upon
request
of
the
joint
E911
911
service
board
21
representing
the
territory.
22
c.
The
E911
911
service
plan
operating
authority
shall
23
submit
proposed
changes
to
the
plan
to
all
of
the
following:
24
(1)
The
program
manager.
25
(2)
Public
and
private
safety
agencies
in
the
enhanced
911
26
service
area.
27
(3)
Local
exchange
service
providers
affected
by
the
28
enhanced
911
service
plan.
29
2.
Compliance
waivers
available
in
limited
circumstances.
30
a.
The
program
manager
may
extend
the
time
period
for
plan
31
implementation
by
issuing
a
compliance
waiver.
32
b.
The
compliance
waiver
shall
be
based
upon
a
joint
E911
33
911
service
board’s
presentation
of
evidence
which
supports
an
34
extension
if
the
program
manager
finds
that
local
conditions
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make
implementation
financially
unreasonable
or
technically
1
infeasible
by
the
originally
scheduled
plan
of
implementation.
2
c.
The
compliance
waiver
shall
be
for
a
set
period
of
time,
3
and
subject
to
review
and
renewal
or
denial
of
renewal
upon
its
4
expiration.
5
d.
The
waiver
may
cover
all
or
a
portion
of
a
911
service
6
plan’s
enhanced
911
service
area
to
facilitate
phased
7
implementation
when
possible.
8
e.
The
granting
of
a
compliance
waiver
does
not
create
9
a
presumption
that
the
identical
or
similar
waiver
will
be
10
extended
in
the
future.
11
f.
Consideration
of
compliance
waivers
shall
be
on
a
12
case-by-case
basis.
13
3.
Chapter
28E
agreement
——
alternative
to
joint
E911
911
14
service
board.
15
a.
A
legal
entity
created
pursuant
to
chapter
28E
by
a
16
county
or
counties,
other
political
divisions,
and
public
17
or
private
agencies
to
jointly
plan,
implement,
and
operate
18
a
countywide,
or
larger,
enhanced
911
service
system
may
be
19
substituted
for
the
joint
E911
911
service
board
required
under
20
subsection
1
.
An
alternative
legal
entity
created
pursuant
to
21
chapter
28E
as
a
substitute
for
a
joint
E911
911
service
board,
22
as
permitted
by
this
subsection
,
may
be
created
by
either:
23
(1)
Agreement
of
the
parties
entitled
to
voting
membership
24
on
a
joint
E911
911
service
board.
25
(2)
Agreement
of
the
members
of
a
joint
E911
911
service
26
board.
27
b.
An
alternative
chapter
28E
entity
has
all
of
the
powers
28
of
a
joint
E911
911
service
board
and
any
additional
powers
29
granted
by
the
agreement.
As
used
in
this
chapter
,
“joint
E911
30
911
service
board”
includes
an
alternative
chapter
28E
entity
31
created
for
that
purpose,
except
as
specifically
limited
by
32
the
chapter
28E
agreement
or
unless
clearly
provided
otherwise
33
in
this
chapter
.
A
chapter
28E
agreement
related
to
E911
911
34
service
shall
permit
the
participation
of
a
private
safety
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agency
or
other
persons
allowed
to
participate
in
a
joint
E911
1
911
service
board,
but
the
terms,
scope,
and
conditions
of
2
participation
are
subject
to
the
chapter
28E
agreement.
3
4.
Participation
in
joint
E911
911
service
board
required.
A
4
political
subdivision
having
a
public
or
private
safety
agency
5
within
its
territory
or
jurisdiction
shall
participate
in
a
6
joint
E911
911
service
board
and
cooperate
in
maintaining
the
7
E911
911
service
plan.
8
Sec.
6.
Section
34A.4,
Code
2017,
is
amended
to
read
as
9
follows:
10
34A.4
Requirements
of
pay
telephones
and
other
11
telecommunications
devices
to
allow
911
calls
without
depositing
12
coins
or
other
charge.
13
In
an
enhanced
a
911
service
area,
a
person
shall
not
install
14
or
offer
for
use
within
the
enhanced
911
service
area
a
pay
15
station
telephone
or
other
fixed
device
unless
the
telephone
or
16
device
is
capable
of
making
a
911
call
without
prior
insertion
17
of
a
coin
or
payment
of
any
other
charge,
and
unless
the
18
telephone
or
device
displays
notice
of
free
911
service.
19
Sec.
7.
Section
34A.5,
Code
2017,
is
amended
to
read
as
20
follows:
21
34A.5
Private
listing
subscribers
and
911
service.
22
Private
listing
subscribers
in
an
enhanced
a
911
service
23
area
waive
the
privacy
afforded
by
nonlisted
or
nonpublished
24
numbers
to
the
extent
that
the
name
and
address
associated
25
with
the
telephone
number
may
be
furnished
to
the
enhanced
911
26
service
system,
for
all
routing,
for
automatic
retrieval
of
27
location
information,
and
for
associated
emergency
services.
28
Sec.
8.
Section
34A.7,
Code
2017,
is
amended
to
read
as
29
follows:
30
34A.7
Funding
——
wire-line
E911
911
service
surcharge.
31
When
an
E911
a
911
service
plan
is
implemented,
the
costs
of
32
providing
E911
911
service
within
an
E911
a
911
service
area
33
are
the
responsibility
of
the
joint
E911
911
service
board
and
34
the
member
political
subdivisions.
Costs
in
excess
of
the
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amount
raised
by
imposition
of
the
E911
911
service
surcharge
1
provided
for
under
subsection
1
shall
be
paid
by
the
joint
2
E911
911
service
board
from
such
revenue
sources
allocated
3
among
the
member
political
subdivisions
as
determined
by
the
4
joint
E911
911
service
board.
Funding
is
not
limited
to
the
5
surcharge,
and
surcharge
revenues
may
be
supplemented
by
other
6
permissible
local
and
state
revenue
sources.
A
joint
E911
7
911
service
board
shall
not
commit
a
political
subdivision
to
8
appropriate
property
tax
revenues
to
fund
an
E911
a
911
service
9
plan
without
the
consent
of
the
political
subdivision.
A
10
joint
E911
911
service
board
may
approve
an
E911
a
911
service
11
plan,
including
a
funding
formula
requiring
appropriations
by
12
participating
political
subdivisions,
subject
to
the
approval
13
of
the
funding
formula
by
each
political
subdivision.
However,
14
a
political
subdivision
may
agree
in
advance
to
appropriate
15
property
tax
revenues
or
other
moneys
according
to
a
formula
or
16
plan
developed
by
an
alternative
chapter
28E
entity.
17
1.
Local
wire-line
E911
911
service
surcharge
imposition.
18
a.
To
encourage
local
implementation
of
E911
911
service,
19
one
source
of
funding
for
E911
911
emergency
communication
20
systems
shall
come
from
a
surcharge
per
month,
per
access
line
21
on
each
access
line
subscriber,
of
one
dollar.
22
b.
The
surcharge
shall
be
imposed
by
order
of
the
program
23
manager
as
follows:
24
(1)
The
program
manager
shall
notify
a
local
exchange
25
service
provider
scheduled
to
provide
exchange
access
line
26
service
to
an
E911
a
911
service
area
that
implementation
of
an
27
E911
a
911
service
plan
has
been
approved
by
the
joint
E911
911
28
service
board
and
that
collection
of
the
surcharge
is
to
begin
29
within
sixty
days.
30
(2)
The
program
manager
shall
also
provide
notice
to
all
31
affected
public
safety
answering
points.
32
2.
Surcharge
collected
by
local
exchange
service
providers.
33
a.
The
surcharge
shall
be
collected
as
part
of
the
access
34
line
service
provider’s
periodic
billing
to
a
subscriber.
In
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compensation
for
the
costs
of
billing
and
collection,
the
local
1
exchange
service
provider
may
retain
one
percent
of
the
gross
2
surcharges
collected.
If
the
compensation
is
insufficient
to
3
fully
recover
a
local
exchange
service
provider’s
costs
for
4
billing
and
collection
of
the
surcharge,
the
deficiency
shall
5
be
included
in
the
local
exchange
service
provider’s
costs
6
for
ratemaking
purposes
to
the
extent
it
is
reasonable
and
7
just
under
section
476.6
.
The
surcharge
shall
be
remitted
to
8
the
E911
911
service
operating
authority
for
deposit
into
the
9
E911
911
service
fund
quarterly
by
the
local
exchange
service
10
provider.
The
total
amount
for
multiple
exchanges
may
be
11
combined.
12
b.
A
local
exchange
service
provider
is
not
liable
for
an
13
uncollected
surcharge
for
which
the
local
exchange
service
14
provider
has
billed
a
subscriber
but
not
been
paid.
The
15
surcharge
shall
appear
as
a
single
line
item
on
a
subscriber’s
16
periodic
billing
entitled,
“E911
“911
emergency
communications
17
service
surcharge”.
18
c.
The
joint
E911
911
service
board
may
request,
not
more
19
than
once
each
quarter,
the
following
information
from
the
20
local
exchange
service
provider:
21
(1)
The
identity
of
the
exchange
from
which
the
surcharge
22
is
collected.
23
(2)
The
number
of
lines
to
which
the
surcharge
was
applied
24
for
the
quarter.
25
(3)
The
number
of
refusals
to
pay
per
exchange
if
26
applicable.
27
(4)
Write-offs
applied
per
exchange
if
applicable.
28
(5)
The
number
of
lines
exempt
per
exchange.
29
(6)
The
amount
retained
by
the
local
exchange
service
30
provider
generated
from
the
one
percent
administration
fee.
31
d.
Access
line
counts
and
surcharge
remittances
are
32
confidential
public
records
as
provided
in
section
34A.8
.
33
3.
Maximum
limit
per
subscriber
billing
for
surcharge.
An
34
individual
subscriber
shall
not
be
required
to
pay
on
a
single
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periodic
billing
the
surcharge
on
more
than
one
hundred
access
1
lines,
or
their
equivalent,
in
an
E911
a
911
service
area.
A
2
subscriber
shall
pay
the
surcharge
in
each
E911
911
service
3
area
in
which
the
subscriber
receives
access
line
service.
4
4.
E911
911
service
fund.
Each
joint
E911
911
service
board
5
shall
establish
and
maintain
as
a
separate
account
an
E911
a
6
911
service
fund.
Any
funds
remaining
in
the
account
at
the
7
end
of
each
fiscal
year
shall
not
revert
to
the
general
funds
8
of
the
member
political
subdivisions,
except
as
provided
in
9
subsection
5
,
but
shall
remain
in
the
E911
911
service
fund.
10
Moneys
in
an
E911
a
911
service
fund
may
only
be
used
for
11
nonrecurring
and
recurring
costs
of
the
E911
911
service
plan
12
as
approved
by
the
program
manager,
as
those
terms
are
defined
13
by
section
34A.2
.
14
5.
Use
of
moneys
in
fund
——
priority
and
limitations
on
15
expenditure.
16
a.
Moneys
deposited
in
the
E911
a
911
service
fund
shall
be
17
used
for
the
repayment
of
any
bonds
issued
for
the
benefit
of
18
or
loan
made
to
the
joint
E911
911
service
board
pursuant
to
19
sections
34A.20
through
34A.22
,
and
as
long
as
any
such
bond
20
or
loan
remains
unpaid
the
surcharge
shall
not
be
reduced
or
21
eliminated.
Moneys
deposited
in
the
fund
shall
be
subject
to
22
such
terms
and
conditions
as
may
be
contained
in
the
relevant
23
bond
documents,
trust
indenture,
resolution,
loan
agreement,
or
24
other
instrument
pursuant
to
which
bonds
are
issued
or
a
loan
25
is
made,
without
regard
to
any
limitation
otherwise
provided
26
by
law.
27
b.
Moneys
deposited
in
the
E911
a
911
service
fund
shall
be
28
used
for
the
following,
in
order
of
priority
if
paragraph
“a”
29
does
not
apply:
30
(1)
Money
shall
first
be
spent
for
actual
recurring
costs
of
31
operating
the
E911
911
service
plan.
32
(2)
If
money
remains
in
the
fund
after
fully
paying
for
33
recurring
costs
incurred
in
the
preceding
year,
the
remainder
34
may
be
spent
to
pay
for
nonrecurring
costs,
not
to
exceed
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actual
nonrecurring
costs
as
approved
by
the
program
manager.
1
(3)
If
money
remains
in
the
fund
after
fully
paying
2
obligations
under
subparagraphs
(1)
and
(2),
the
remainder
may
3
be
accumulated
in
the
fund
as
a
carryover
operating
surplus.
4
6.
Limitation
of
actions
——
provider
not
liable
on
cause
of
5
action
related
to
provision
of
911
services.
A
claim
or
cause
6
of
action
does
not
exist
based
upon
or
arising
out
of
an
act
or
7
omission
in
connection
with
a
land-line
or
wireless
provider’s
8
participation
in
an
E911
a
911
service
plan
or
provision
of
911
9
or
local
exchange
access
service,
unless
the
act
or
omission
is
10
determined
to
be
willful
and
wanton
negligence.
11
Sec.
9.
Section
34A.7A,
Code
2017,
is
amended
to
read
as
12
follows:
13
34A.7A
Emergency
communications
service
surcharge
——
fund
14
established
——
distribution
and
permissible
expenditures.
15
1.
a.
The
director
shall
adopt
by
rule
a
monthly
surcharge
16
of
one
dollar
to
be
imposed
on
each
communications
originating
17
service
number
provided
in
this
state.
The
surcharge
shall
18
be
imposed
uniformly
on
a
statewide
basis
and
simultaneously
19
on
all
communications
originating
service
numbers
as
provided
20
by
rule
of
the
director.
The
surcharge
shall
not
be
imposed
21
on
wire-line-based
communications
or
prepaid
wireless
22
telecommunications
service.
23
b.
The
program
manager
shall
provide
no
less
than
24
sixty
days’
notice
of
the
surcharge
to
be
imposed
to
each
25
communications
originating
service
provider.
26
c.
(1)
The
surcharge
shall
be
collected
as
part
of
the
27
communications
originating
service
provider’s
periodic
billing
28
to
a
subscriber.
The
surcharge
shall
appear
as
a
single
line
29
item
on
a
subscriber’s
periodic
billing
indicating
that
the
30
surcharge
is
for
E911
911
emergency
communications
service.
31
(2)
In
compensation
for
the
costs
of
billing
and
collection,
32
the
communications
originating
service
provider
may
retain
one
33
percent
of
the
gross
surcharges
collected.
34
(3)
The
surcharges
shall
be
remitted
quarterly
by
the
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communications
originating
service
provider
to
the
program
1
manager
for
deposit
into
the
fund
established
in
subsection
2
.
2
(4)
A
communications
An
originating
service
provider
3
is
not
liable
for
an
uncollected
surcharge
for
which
the
4
communications
originating
service
provider
has
billed
a
5
subscriber
but
which
has
not
been
paid.
6
2.
Moneys
collected
pursuant
to
subsection
1
and
section
7
34A.7B,
subsection
2
,
shall
be
deposited
in
a
separate
E911
8
911
emergency
communications
fund
within
the
state
treasury
9
under
the
control
of
the
program
manager.
Section
8.33
shall
10
not
apply
to
moneys
in
the
fund.
Moneys
earned
as
income,
11
including
as
interest,
from
the
fund
shall
remain
in
the
fund
12
until
expended
as
provided
in
this
section
.
Moneys
in
the
fund
13
shall
be
expended
and
distributed
in
the
following
priority
14
order:
15
a.
An
amount
as
appropriated
by
the
general
assembly
to
the
16
director
shall
be
allocated
to
the
director
and
program
manager
17
for
implementation,
support,
and
maintenance
of
the
functions
18
of
the
director
and
program
manager
and
to
employ
the
auditor
19
of
state
to
perform
an
annual
audit
of
the
E911
911
emergency
20
communications
fund.
21
b.
(1)
The
program
manager
shall
allocate
to
each
joint
22
E911
911
service
board
and
to
the
department
of
public
safety
a
23
minimum
of
one
thousand
dollars
per
calendar
quarter
for
each
24
public
safety
answering
point
within
the
service
area
of
the
25
department
of
public
safety
or
joint
E911
911
service
board
26
that
has
submitted
an
annual
written
request
to
the
program
27
manager
in
a
form
approved
by
the
program
manager
by
May
15
of
28
each
year.
29
(2)
The
amount
allocated
under
this
paragraph
“b”
shall
be
30
sixty
percent
of
the
total
amount
of
surcharge
generated
per
31
calendar
quarter
allocated
as
follows:
32
(a)
Sixty-five
percent
of
the
total
dollars
available
for
33
allocation
shall
be
allocated
in
proportion
to
the
square
miles
34
of
the
service
area
to
the
total
square
miles
in
this
state.
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(b)
Thirty-five
percent
of
the
total
dollars
available
for
1
allocation
shall
be
allocated
in
proportion
to
the
wireless
2
E911
911
calls
taken
at
the
public
safety
answering
point
in
3
the
service
area
to
the
total
number
of
wireless
E911
911
calls
4
originating
in
this
state.
5
(c)
Notwithstanding
subparagraph
divisions
(a)
and
(b),
the
6
minimum
amount
allocated
to
each
joint
E911
911
service
board
7
and
to
the
department
of
public
safety
shall
be
no
less
than
8
one
thousand
dollars
for
each
public
safety
answering
point
9
within
the
service
area
of
the
department
of
public
safety
or
10
joint
E911
911
service
board.
11
(3)
The
funds
allocated
in
this
paragraph
“b”
shall
be
12
used
by
the
public
safety
answering
points
for
the
receipt
and
13
disposition
of
911
calls.
14
c.
From
July
1,
2013,
until
June
30,
2026,
the
program
15
manager
shall
allocate
ten
percent
of
the
total
amount
of
16
surcharge
generated
to
wireless
carriers
to
recover
their
costs
17
to
deliver
E911
phase
1
services.
If
the
allocation
in
this
18
paragraph
is
insufficient
to
reimburse
all
wireless
carriers
19
for
such
carrier’s
eligible
expenses,
the
program
manager
20
shall
allocate
a
prorated
amount
to
each
wireless
carrier
21
equal
to
the
percentage
of
such
carrier’s
eligible
expenses
as
22
compared
to
the
total
of
all
eligible
expenses
for
all
wireless
23
carriers
for
the
calendar
quarter
during
which
such
expenses
24
were
submitted.
When
prorated
expenses
are
paid,
the
remaining
25
unpaid
expenses
shall
no
longer
be
eligible
for
payment
under
26
this
paragraph.
27
d.
(1)
The
program
manager
shall
reimburse
communications
28
originating
service
providers
on
a
calendar
quarter
basis
for
29
carriers’
eligible
expenses
for
transport
costs
between
the
30
selective
router
and
the
public
safety
answering
points
related
31
to
the
delivery
of
wireless
E911
phase
1
services
and
the
32
integration
of
an
internet
protocol-enabled
the
next
generation
33
911
network.
34
(2)
The
program
manager
may
also
provide
grants
to
joint
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911
service
boards
and
the
department
of
public
safety
for
the
1
purpose
of
developing
and
maintaining
GIS
data
to
be
used
in
2
support
of
the
next
generation
911
network.
3
e.
The
program
manager
shall
reimburse
wire-line
carriers
4
and
third-party
E911
911
automatic
location
information
5
identification
database
providers
on
a
calendar
quarterly
6
basis
for
the
costs
of
maintaining
and
upgrading
the
E911
911
7
components
and
functionalities
beyond
the
input
to
the
E911
911
8
selective
router,
including
the
E911
911
selective
router
and
9
the
automatic
location
information
identification
database.
10
f.
The
department
of
homeland
security
and
emergency
11
management
may,
in
a
reserve
account
established
within
the
12
E911
911
emergency
communications
fund,
credit
each
fiscal
13
year
an
amount
of
up
to
twelve
and
one-half
percent
of
the
14
annual
911
emergency
communications
service
surcharge
collected
15
pursuant
to
subsection
1
and
the
prepaid
wireless
E911
911
16
surcharge
collected
pursuant
to
section
34A.7B,
subsection
2
.
17
However,
the
moneys
contained
in
such
reserve
account
shall
18
not
exceed
twelve
and
one-half
percent
of
the
total
surcharges
19
collected
for
each
fiscal
year.
Moneys
credited
to
the
reserve
20
account
shall
only
be
used
by
the
department
for
the
purpose
of
21
repairing
or
replacing
equipment
in
the
event
of
a
catastrophic
22
equipment
failure,
as
determined
by
the
director.
23
g.
The
program
manager
shall
allocate
four
million
three
24
hundred
eighty-three
thousand
dollars
to
the
department
of
25
public
safety
in
the
fiscal
year
beginning
July
1,
2016,
and
26
ending
June
30,
2017,
for
payments
and
other
costs
due
under
27
a
financing
agreement
entered
into
by
the
treasurer
of
state
28
for
building
the
statewide
interoperable
communications
system
29
pursuant
to
section
29C.23,
subsection
2
.
30
h.
g.
(1)
If
moneys
remain
in
the
fund
after
fully
paying
31
all
obligations
under
paragraphs
“a”
,
“b”
,
“c”
,
“d”
,
“e”
,
and
32
“f”
,
and
“g”
,
an
amount
of
up
to
four
seven
million
four
hundred
33
thousand
dollars
shall,
for
the
fiscal
year
beginning
July
34
1,
2016
2017
,
and
ending
June
30,
2017
2018
,
be
expended
and
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distributed
in
the
following
priority
order:
1
(a)
(i)
The
director,
in
consultation
with
the
program
2
manager
and
the
E911
911
communications
council,
may
provide
3
grants
to
any
public
safety
answering
point
agreeing
to
4
consolidate.
For
purposes
of
this
subparagraph
division,
5
“consolidate”
means
the
consolidation
of
all
public
safety
6
answering
point
systems,
functions,
enhanced
911
service
areas,
7
and
physical
facilities
of
two
or
more
public
safety
answering
8
points,
resulting
in
the
consolidated
public
safety
answering
9
point
being
responsible
for
all
call
answering
and
dispatch
10
functions
for
the
combined
enhanced
911
service
area
,
or
the
11
consolidation
of
two
or
more
public
safety
answering
points
12
utilizing
shared
services
technology
to
combine
public
safety
13
answering
point
systems,
including
but
not
limited
to
911
14
call
processing
equipment,
computer-aided
dispatch,
mapping,
15
radio,
and
logging
recorders
.
Such
a
grant
to
a
public
safety
16
answering
point
shall
not
exceed
one-half
of
the
projected
cost
17
of
consolidation,
or
two
hundred
thousand
dollars,
whichever
18
is
less.
19
(ii)
Grants
provided
under
this
subparagraph
may,
subject
20
to
available
funding,
be
provided
until
June
30,
2022.
21
(iii)
The
director,
in
consultation
with
the
program
22
manager
and
the
E911
911
communications
council,
shall
23
adopt
rules
governing
the
eligibility
for
and
the
E911
911
24
communications
council’s
distribution
of
grants
to
public
25
safety
answering
points
pursuant
to
this
subparagraph
division.
26
(b)
The
program
manager,
in
consultation
with
the
E911
911
27
communications
council,
shall
allocate
an
amount,
not
to
exceed
28
one
hundred
thousand
dollars
per
fiscal
year,
for
development
29
of
public
awareness
and
educational
programs
related
to
the
30
use
of
911
by
the
public,
educational
programs
for
personnel
31
responsible
for
the
maintenance,
operation,
and
upgrading
of
32
local
E911
911
systems,
and
the
expenses
of
members
of
the
E911
33
911
communications
council
for
travel,
monthly
meetings,
and
34
training,
provided,
however,
that
the
members
have
not
received
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reimbursement
funds
for
such
expenses
from
another
source.
1
(c)
The
program
manager
shall
allocate
an
equal
amount
of
2
moneys
to
each
public
safety
answering
point
for
the
following
3
costs
:
related
to
the
receipt
and
disposition
of
911
calls,
4
including
hardware
and
software
for
the
next
generation
911
5
network
and
local
costs
related
to
accessing
the
state’s
6
interoperable
communications
system.
7
(i)
Costs
related
to
the
receipt
and
disposition
of
8
911
calls,
including
hardware
and
software
for
an
internet
9
protocol-enabled
next
generation
911
network.
10
(ii)
Local
costs
related
to
access
the
state’s
11
interoperable
communications
system.
12
(2)
Notwithstanding
section
8.33
,
any
moneys
remaining
in
13
the
fund
at
the
end
of
each
fiscal
year
shall
not
revert
to
the
14
general
fund
of
the
state
but
shall
remain
available
for
the
15
purposes
of
the
fund.
16
i.
The
director,
in
consultation
with
the
program
manager
17
and
the
E911
911
communications
council,
shall
adopt
rules
18
pursuant
to
chapter
17A
governing
the
distribution
of
19
the
surcharge
collected
and
distributed
pursuant
to
this
20
subsection
.
The
rules
shall
include
provisions
that
all
joint
21
E911
911
service
boards
and
the
department
of
public
safety
22
which
answer
or
service
wireless
E911
911
calls
are
eligible
to
23
receive
an
equitable
portion
of
the
receipts.
24
3.
a.
The
program
manager
shall
submit
an
annual
25
report
by
January
15
of
each
year
to
the
general
assembly’s
26
standing
committees
on
government
oversight
advising
the
27
general
assembly
of
the
status
of
E911
911
implementation
and
28
operations,
including
both
wire-line
and
wireless
services,
the
29
distribution
of
surcharge
receipts,
and
an
accounting
of
the
30
revenues
and
expenses
of
the
E911
911
program.
31
b.
The
program
manager
shall
submit
a
calendar
quarter
32
report
of
the
revenues
and
expenses
of
the
E911
911
program
33
to
the
fiscal
services
division
of
the
legislative
services
34
agency.
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c.
The
general
assembly’s
standing
committees
on
government
1
oversight
shall
review
the
priorities
of
distribution
of
funds
2
under
this
chapter
at
least
every
two
years.
3
4.
The
amount
collected
from
a
communications
an
4
originating
service
provider
and
deposited
in
the
fund,
5
pursuant
to
section
22.7,
subsection
6
,
information
provided
by
6
a
communications
an
originating
service
provider
to
the
program
7
manager
consisting
of
trade
secrets,
pursuant
to
section
22.7,
8
subsection
3
,
and
other
financial
or
commercial
operations
9
information
provided
by
a
communications
an
originating
service
10
provider
to
the
program
manager,
shall
be
kept
confidential
as
11
provided
under
section
22.7
.
This
subsection
does
not
prohibit
12
the
inclusion
of
information
in
any
report
providing
aggregate
13
amounts
and
information
which
does
not
identify
numbers
of
14
accounts
or
customers,
revenues,
or
expenses
attributable
to
an
15
individual
communications
originating
service
provider.
16
5.
a.
The
program
manager,
in
consultation
with
the
17
E911
911
communications
council
and
the
auditor
of
state,
18
shall
establish
a
methodology
for
determining
and
collecting
19
comprehensive
public
safety
answering
point
cost
and
expense
20
data
through
the
county
joint
E911
911
service
boards.
The
21
methodology
shall
include
the
collection
of
data
for
all
costs
22
and
expenses
related
to
the
operation
of
a
public
safety
23
answering
point
and
account
for
the
extent
to
which
identified
24
costs
and
expenses
are
compensated
for
or
addressed
through
25
E911
911
surcharges
versus
other
sources
of
funding.
26
b.
Data
collection
pursuant
to
paragraph
“a”
shall
commence
27
no
later
than
January
1,
2014,
and
shall
be
subject
to
an
audit
28
by
the
auditor
of
state
beginning
July
1,
2014.
The
program
29
manager
shall
prepare
a
report
detailing
the
methodology
30
developed
and
the
data
collected
after
such
data
has
been
31
collected
for
a
two-year
period.
The
report
and
the
results
of
32
the
initial
audit
shall
be
submitted
to
the
general
assembly
by
33
March
1,
2016.
A
new
report
regarding
data
collection
and
the
34
results
of
an
ongoing
audit
for
each
successive
two-year
period
35
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shall
be
submitted
by
March
1
every
two
years
thereafter.
1
Expenses
associated
with
the
audit
shall
be
paid
to
the
auditor
2
of
state
by
the
program
manager
from
the
E911
911
emergency
3
communications
fund
established
in
subsection
2
.
4
c.
A
county
joint
E911
911
service
board
which
fails
5
to
submit
expenses
and
costs
pursuant
to
the
methodology
6
developed
pursuant
to
paragraph
“a”
by
March
31
of
each
year
7
shall
be
allocated
sixty-five
cents
out
of
the
one
dollar
8
911
emergency
communications
service
surcharge
until
March
9
31
of
the
following
year.
Remaining
funds
shall
be
held
in
10
the
carryover
operating
surplus
fund
until
the
expenses
and
11
cost
report
is
submitted
by
the
county
joint
E911
911
service
12
board.
If
the
county
joint
E911
911
service
board
submits
the
13
expense
and
cost
report
before
March
30
of
the
following
year,
14
the
set
aside
funds
shall
be
provided
to
the
county
joint
E911
15
911
service
board.
If
the
county
joint
E911
911
service
board
16
fails
to
submit
the
expense
and
cost
report
within
one
year,
17
funds
shall
revert
to
the
carryover
operating
surplus
fund
and
18
be
used
in
accordance
with
subsection
2,
paragraph
“h”
“g”
.
19
Sec.
10.
Section
34A.7B,
Code
2017,
is
amended
to
read
as
20
follows:
21
34A.7B
Prepaid
wireless
E911
911
surcharge.
22
1.
As
used
in
this
section
,
unless
the
context
otherwise
23
requires:
24
a.
“Consumer”
means
a
person
who
purchases
prepaid
wireless
25
telecommunications
service
in
a
retail
transaction.
26
b.
“Department”
means
the
department
of
revenue.
27
c.
“Prepaid
wireless
E911
911
surcharge”
means
the
surcharge
28
that
is
required
to
be
collected
by
a
seller
from
a
consumer
in
29
the
amount
established
under
this
section
.
30
d.
“Provider”
means
a
person
who
provides
prepaid
wireless
31
telecommunications
service
pursuant
to
a
license
issued
by
the
32
federal
communications
commission.
33
e.
“Retail
transaction”
means
the
purchase
of
prepaid
34
wireless
telecommunications
service
from
a
seller
for
any
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purpose
other
than
resale.
1
f.
“Seller”
means
a
person
who
sells
prepaid
wireless
2
telecommunications
service
to
another
person.
3
2.
There
is
imposed
a
prepaid
wireless
E911
911
surcharge
of
4
thirty-three
cents
on
each
retail
transaction
or,
on
or
after
5
the
determination
of
an
adjusted
rate
as
determined
pursuant
to
6
subsection
7
,
the
adjusted
rate.
7
3.
The
prepaid
wireless
E911
911
surcharge
shall
be
8
collected
by
the
seller
from
the
consumer
with
respect
to
each
9
retail
transaction
occurring
in
this
state.
The
amount
of
the
10
prepaid
wireless
E911
911
surcharge
shall
be
either
separately
11
stated
on
an
invoice,
receipt,
or
other
similar
document
12
that
is
provided
to
the
consumer
by
the
seller,
or
otherwise
13
disclosed
to
the
consumer.
14
4.
For
purposes
of
subsection
3
,
a
retail
transaction
that
15
is
effected
in
person
by
a
consumer
at
a
business
location
16
of
the
seller
shall
be
treated
as
occurring
in
this
state
if
17
that
business
location
is
in
this
state,
and
any
other
retail
18
transaction
shall
be
treated
as
occurring
in
this
state
if
the
19
retail
transaction
is
treated
as
occurring
in
this
state
for
20
purposes
of
section
423.20
as
that
section
applies
to
sourcing
21
of
a
prepaid
wireless
calling
service.
22
5.
The
prepaid
wireless
E911
911
surcharge
is
the
liability
23
of
the
consumer
and
not
of
the
seller
or
of
any
provider,
24
except
that
the
seller
shall
be
liable
to
remit
all
prepaid
25
wireless
E911
911
surcharges
that
the
seller
collects
from
26
consumers
as
provided
in
subsection
3
,
including
all
such
27
surcharges
that
the
seller
is
deemed
to
collect
where
the
28
amount
of
the
surcharge
has
not
been
separately
stated
on
an
29
invoice,
receipt,
or
other
similar
document
provided
to
the
30
consumer
by
the
seller.
31
6.
The
amount
of
the
prepaid
wireless
E911
911
surcharge
32
that
is
collected
by
a
seller
from
a
consumer,
if
such
amount
33
is
separately
stated
on
an
invoice,
receipt,
or
other
similar
34
document
provided
to
the
consumer
by
the
seller,
shall
not
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be
included
in
the
base
for
measuring
any
tax,
fee,
other
1
surcharge,
or
other
charge
that
is
imposed
by
this
state,
any
2
political
subdivision
of
this
state,
or
any
intergovernmental
3
agency.
4
7.
The
prepaid
wireless
E911
911
surcharge
shall
be
5
increased
or
reduced,
as
applicable,
in
an
amount
proportionate
6
to
any
change
to
the
surcharge
imposed
under
section
34A.7A,
7
subsection
1
.
The
proportional
increase
or
reduction
shall
8
be
effective
on
the
first
day
of
the
calendar
month
after
the
9
effective
date
of
the
change
to
the
surcharge
imposed
under
10
section
34A.7A,
subsection
1
.
The
department
shall
provide
11
not
less
than
thirty
days’
advance
notice
of
such
increase
or
12
reduction
on
the
department’s
internet
site.
13
8.
If
a
minimal
amount
of
prepaid
wireless
14
telecommunications
service
is
sold
with
a
prepaid
wireless
15
device
for
a
single,
nonitemized
price,
the
seller
may
elect
16
not
to
apply
the
prepaid
wireless
E911
911
surcharge
to
the
17
retail
transaction.
For
purposes
of
this
subsection
,
an
amount
18
of
service
denominated
as
ten
minutes
or
less,
or
five
dollars
19
or
less,
shall
be
regarded
as
a
minimal
amount
of
service.
20
9.
Prepaid
wireless
E911
911
surcharges
collected
by
21
sellers
shall
be
remitted
to
the
department
at
the
times
and
in
22
the
manner
provided
by
chapter
423
with
respect
to
the
sales
23
and
use
tax.
The
department
shall
establish
registration
24
and
payment
procedures
that
substantially
coincide
with
the
25
registration
and
payment
procedures
that
apply
to
sellers
under
26
chapter
423
.
27
10.
A
seller
may
deduct
and
retain
three
percent
of
prepaid
28
wireless
E911
911
surcharges
that
are
collected
by
the
seller
29
from
consumers.
30
11.
The
audit,
appeal,
collection,
and
enforcement
31
procedures
and
other
pertinent
provisions
applicable
to
the
32
sales
and
use
tax
imposed
under
chapter
423
shall
apply
to
33
prepaid
wireless
E911
911
surcharges.
34
12.
The
department
shall
establish
procedures
by
which
35
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454
a
seller
of
prepaid
wireless
telecommunications
service
1
may
document
that
a
sale
is
not
a
retail
transaction,
which
2
procedures
shall
substantially
coincide
with
the
procedures
for
3
documenting
sale
for
resale
transactions
under
chapter
423
.
4
13.
The
department
shall
transfer
all
remitted
prepaid
5
wireless
E911
911
surcharges
to
the
treasurer
of
state
for
6
deposit
in
the
E911
911
emergency
communications
fund
created
7
under
section
34A.7A,
subsection
2
,
within
thirty
days
of
8
receipt
after
deducting
an
amount,
not
to
exceed
two
percent
of
9
collected
surcharges,
that
shall
be
retained
by
the
department
10
to
reimburse
its
direct
costs
of
administering
the
collection
11
and
remittance
of
prepaid
wireless
E911
911
surcharges.
12
14.
The
limitation
of
actions
provisions
under
section
13
34A.7,
subsection
6
,
shall
apply
to
providers
and
sellers
of
14
prepaid
wireless
telecommunications
service.
In
addition,
15
a
provider
or
seller
of
prepaid
wireless
telecommunications
16
service
shall
not
be
liable
for
damages
to
any
person
resulting
17
from
or
incurred
in
connection
with
the
provision
of
any
lawful
18
assistance
to
any
investigative
or
law
enforcement
officer
of
19
the
United
States,
this
or
any
other
state,
or
any
political
20
subdivision
of
this
or
any
other
state,
in
connection
with
any
21
lawful
investigation
or
other
law
enforcement
activity
by
such
22
investigative
or
law
enforcement
officer.
23
15.
The
prepaid
wireless
E911
911
surcharge
imposed
24
pursuant
to
this
section
shall
be
the
only
E911
911
funding
25
obligation
imposed
with
respect
to
prepaid
wireless
26
telecommunications
service
in
this
state,
and
no
tax,
fee,
27
surcharge,
or
other
charge
shall
be
imposed
by
this
state,
any
28
political
subdivision
of
this
state,
or
any
intergovernmental
29
agency,
for
E911
911
funding
purposes,
upon
any
provider,
30
seller,
or
consumer
with
respect
to
the
sale,
purchase,
use,
or
31
provision
of
prepaid
wireless
telecommunications
service.
32
Sec.
11.
Section
34A.8,
Code
2017,
is
amended
to
read
as
33
follows:
34
34A.8
Local
exchange
service
information
——
penalty.
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1.
A
local
exchange
service
provider
shall
furnish
to
the
1
E911
911
service
provider,
designated
by
the
joint
E911
911
2
service
board,
all
names,
addresses,
and
telephone
number
3
information
concerning
its
subscribers
which
will
be
served
4
by
the
E911
911
system
and
shall
periodically
update
the
5
local
exchange
service
information.
The
E911
911
service
6
provider
shall
furnish
the
addresses
and
telephone
number
7
information
received
from
the
local
exchange
service
provider
8
to
the
director
for
use
in
the
mass
notification
and
emergency
9
messaging
system
as
defined
in
section
29C.2
.
The
local
10
exchange
service
provider
shall
receive
as
compensation
for
11
the
provision
of
local
exchange
service
information
charges
12
according
to
its
tariffs
on
file
with
and
approved
by
the
Iowa
13
utilities
board.
The
tariff
charges
shall
be
the
same
whether
14
or
not
the
local
exchange
service
provider
is
designated
as
the
15
E911
911
service
provider
by
the
joint
E911
911
service
board.
16
2.
a.
Subscriber
information
remains
the
property
of
the
17
local
exchange
service
provider.
18
b.
The
director,
program
manager,
joint
E911
911
service
19
board,
local
emergency
management
commission
established
20
pursuant
to
section
29C.9
,
the
designated
E911
911
service
21
provider,
and
the
public
safety
answering
point,
their
agents,
22
employees,
and
assigns
shall
use
local
exchange
service
23
information
provided
by
the
local
exchange
service
provider
24
solely
for
the
purposes
of
providing
E911
911
emergency
25
telephone
service
or
providing
related
mass
notification
and
26
emergency
messaging
services
as
described
in
section
29C.17A
27
utilizing
only
the
subscriber’s
information,
and
it
shall
28
otherwise
be
kept
confidential.
A
person
who
violates
this
29
section
is
guilty
of
a
simple
misdemeanor.
30
c.
This
chapter
does
not
require
a
local
exchange
service
31
provider
to
sell
or
provide
its
subscriber
names,
addresses,
or
32
telephone
number
information
to
any
person
other
than
the
E911
33
911
service
provider
designated
by
the
joint
E911
911
service
34
board.
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Sec.
12.
Section
34A.10,
Code
2017,
is
amended
to
read
as
1
follows:
2
34A.10
E911
selective
router
Next
generation
911
network
3
access
.
4
On
and
after
July
1,
2004
2017
,
only
the
program
manager
5
shall
approve
access
to
the
E911
selective
router
next
6
generation
911
network
.
7
Sec.
13.
Section
34A.11,
Code
2017,
is
amended
to
read
as
8
follows:
9
34A.11
Communications
——
single
point-of-contact.
10
1.
The
joint
E911
911
service
board
in
each
enhanced
911
11
service
area
shall
designate
a
person
to
serve
as
a
single
12
point-of-contact
to
facilitate
the
communication
of
needs,
13
issues,
or
concerns
regarding
emergency
communications,
14
interoperability,
and
other
matters
applicable
to
emergency
15
E911
911
communications
and
migration
to
an
internet
16
protocol-enabled
the
next
generation
911
network.
The
person
17
designated
as
the
single
point-of-contact
shall
be
responsible
18
for
facilitating
the
communication
of
such
needs,
issues,
or
19
concerns
between
public
or
private
safety
agencies
within
20
the
service
area,
the
E911
911
program
manager,
the
E911
21
911
communications
council,
the
statewide
interoperable
22
communications
system
board
established
in
section
80.28
,
23
and
any
other
person,
entity,
or
agency
the
person
deems
24
necessary
or
appropriate.
The
person
designated
shall
also
25
be
responsible
for
responding
to
surveys
or
requests
for
26
information
applicable
to
the
service
area
received
from
a
27
federal,
state,
or
local
agency,
entity,
or
board.
28
2.
In
the
event
a
joint
E911
911
service
board
fails
to
29
designate
a
single
point-of-contact
by
November
1,
2013,
the
30
chairperson
of
the
joint
E911
911
service
board
shall
serve
in
31
that
capacity.
The
E911
911
service
board
shall
submit
the
32
name
and
contact
information
for
the
person
designated
as
the
33
single
point-of-contact
to
the
E911
911
program
manager
by
34
January
1
annually.
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3.
The
provisions
of
this
section
shall
be
equally
1
applicable
to
an
alternative
legal
entity
created
pursuant
to
2
chapter
28E
if
such
an
entity
is
established
as
an
alternative
3
to
a
joint
E911
911
service
board
as
provided
in
section
4
34A.3
.
If
such
an
entity
is
established,
the
governing
body
5
of
that
entity
shall
designate
the
single
point-of-contact
for
6
the
entity,
and
the
chairperson
or
representative
official
7
of
the
governing
body
shall
serve
in
the
event
a
single
8
point-of-contact
is
not
designated.
9
Sec.
14.
Section
34A.15,
subsection
1,
unnumbered
paragraph
10
1,
Code
2017,
is
amended
to
read
as
follows:
11
An
E911
A
911
communications
council
is
established.
The
12
council
consists
of
the
following
thirteen
fourteen
members:
13
Sec.
15.
Section
34A.15,
subsection
1,
Code
2017,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
l.
One
person
appointed
by
the
Iowa
16
geographic
information
council
established
by
executive
order
17
of
the
governor.
18
Sec.
16.
Section
34A.20,
Code
2017,
is
amended
to
read
as
19
follows:
20
34A.20
E911
911
financing
program
——
definitions
——
funding
21
——
bonds
and
notes.
22
1.
As
used
in
this
subchapter
,
unless
the
context
otherwise
23
requires,
“authority”
means
the
Iowa
finance
authority.
24
2.
The
authority
shall
cooperate
with
the
director
in
the
25
creation,
administration,
and
funding
of
the
E911
911
program
26
established
in
subchapter
I
.
27
3.
The
authority
may
issue
its
bonds
and
notes
for
the
28
purpose
of
funding
E911
911
nonrecurring
and
recurring
costs
of
29
one
or
more
E911
911
service
areas.
30
4.
The
authority
may
issue
its
bonds
and
notes
for
the
31
purposes
of
this
chapter
and
may
enter
into
one
or
more
lending
32
agreements
or
purchase
agreements
with
one
or
more
bondholders
33
or
noteholders
containing
the
terms
and
conditions
of
the
34
repayment
of
and
the
security
for
the
bonds
or
notes.
The
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authority
and
the
bondholders
or
noteholders
or
a
trustee
1
agent
designated
by
the
authority
may
enter
into
agreements
to
2
provide
for
any
of
the
following:
3
a.
That
the
proceeds
of
the
bonds
and
notes
and
the
4
investments
of
the
proceeds
may
be
received,
held,
and
5
disbursed
by
the
authority
or
by
a
trustee
or
agent
designated
6
by
the
authority.
7
b.
That
the
bondholders
or
noteholders
or
a
trustee
or
8
agent
designated
by
the
authority
may
collect,
invest,
and
9
apply
the
amount
payable
under
the
loan
agreements
or
any
10
other
instruments
securing
the
debt
obligations
under
the
loan
11
agreements.
12
c.
That
the
bondholders
or
noteholders
may
enforce
the
13
remedies
provided
in
the
loan
agreements
or
other
instruments
14
on
their
own
behalf
without
the
appointment
or
designation
of
a
15
trustee.
If
there
is
a
default
in
the
principal
of
or
interest
16
on
the
bonds
or
notes
or
in
the
performance
of
any
agreement
17
contained
in
the
loan
agreements
or
other
instruments,
the
18
payment
or
performance
may
be
enforced
in
accordance
with
the
19
loan
agreement
or
other
instrument.
20
d.
Other
terms
and
conditions
as
deemed
necessary
or
21
appropriate
by
the
authority.
22
5.
The
powers
granted
the
authority
under
this
section
are
23
in
addition
to
other
powers
contained
in
chapter
16
.
All
other
24
provisions
of
chapter
16
,
except
section
16.28,
subsection
25
4
,
apply
to
bonds
or
notes
issued
and
powers
granted
to
the
26
authority
under
this
section
,
except
to
the
extent
they
are
27
inconsistent
with
this
section
.
28
6.
All
bonds
or
notes
issued
by
the
authority
in
connection
29
with
the
program
are
exempt
from
taxation
by
this
state
and
the
30
interest
on
the
bonds
or
notes
is
exempt
from
state
income
tax,
31
both
personal
and
corporate.
32
Sec.
17.
Section
34A.21,
subsection
1,
paragraph
c,
Code
33
2017,
is
amended
to
read
as
follows:
34
c.
The
amounts
on
deposit
in
the
E911
911
service
fund
of
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a
joint
E911
911
service
board,
including,
but
not
limited
to
1
revenues
from
a
local
option
E911
911
service
surcharge.
2
Sec.
18.
PLAN
FOR
CONSOLIDATION
OF
NEXT
GENERATION
911
3
NETWORK.
The
department
of
homeland
security
and
emergency
4
management
shall
develop
a
plan
that
identifies
the
process
5
required
to
combine
the
wireline
911
network
with
the
next
6
generation
911
network.
The
plan
shall
describe
anticipated
7
costs
associated
with
the
development,
deployment,
operation,
8
and
maintenance
of
the
combined
next
generation
911
network,
9
and
how
the
surcharges
provided
in
chapter
34A
may
support
10
implementation
of
such
plan.
The
plan
shall
provide
for
the
11
combined
next
generation
911
system
to
utilize
shared
services
12
technology
for
the
virtual
consolidation
of
public
safety
13
answering
point
call
processing
equipment.
The
plan
shall
14
include
suggested
amendments
to
chapter
34A
that
may
be
needed
15
to
allow
the
implementation
of
the
plan.
The
department
shall
16
submit
the
plan
to
the
general
assembly
no
later
than
January
17
15,
2018.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
modifies
several
provisions
that
relate
to
911
22
emergency
telephone
communication
systems.
23
The
bill
modifies
the
definition
of
“local
emergency
24
management
agency”
in
Code
section
29C.2
by
specifying
that
25
such
an
agency
is
a
public
safety
agency.
26
The
bill
makes
several
changes
to
the
terminology
used
is
27
Code
chapter
34A.
The
bill
replaces
the
word
“E911”
with
“911”
28
throughout
Code
chapter
34A,
except
in
certain
circumstances.
29
The
bill
removes
the
word
“enhanced”
from
the
definitions
of
30
“enhanced
911
service
area”
and
“enhanced
911
service
plan”,
31
and
removes
the
word
“enhanced”
in
all
corresponding
uses
of
32
these
terms
in
Code
chapter
34A.
“Enhanced”
is
also
removed
33
from
all
uses
of
the
term
“enhanced
911
emergency
telephone
34
communication
systems”
in
Code
chapter
34A.
The
bill
replaces
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the
word
“E911”
with
“911”
throughout
Code
chapter
34A,
except
1
in
certain
circumstances.
The
bill
defines
“emergency
services
2
internet
protocol
network”
or
“ESInet”
to
mean
a
system
using
3
broadband
technology
capable
of
transmitting
varying
types
of
4
data
that
can
be
shared
by
all
public
safety
agencies
involved
5
in
an
emergency.
The
bill
defines
“geographic
information
6
system”
or
“GIS”
to
mean
a
system
designed
to
capture,
store,
7
manipulate,
analyze,
and
present
spatial
or
geographical
8
data.
The
bill
defines
“next
generation
911
network”
to
mean
9
an
internet
protocol-enabled
system
that
allows
the
public
10
to
transmit
digital
information
to
public
safety
answering
11
points
(PSAPs)
and
that
replaces
enhanced
911.
The
bill
12
replaces
all
references
to
an
“internet
protocol
enabled
next
13
generation
network”
contained
in
Code
chapter
34A
with
“next
14
generation
911
network”.
The
bill
defines
“originating
service
15
provider”
to
mean
a
communications
provider
that
allows
its
16
users
to
originate
911
messages
from
the
public
to
public
17
safety
answering
points.
The
bill
removes
the
definition
of
18
“communications
service
provider”
and
replaces
“communications
19
service
provider”
with
“originating
service
provider”
in
all
20
corresponding
uses
of
this
term
in
Code
chapter
34A.
The
bill
21
adds
local
emergency
management
agencies
to
the
definition
of
22
“public
or
private
safety
agency”.
The
bill
defines
“voice
23
over
internet
protocol
service”
to
mean
a
service
that
provides
24
real-time
two-way
voice
communications
transmitted
using
25
internet
protocol
and
a
successor
protocol,
is
offered
to
the
26
public,
and
has
the
capability
to
originate
and
terminate
27
traffic
to
and
from
the
public
switched
telephone
network
or
a
28
successor
network.
29
The
bill
provides
local
emergency
management
agencies
with
30
voting
membership
on
joint
911
service
boards,
in
addition
to
31
political
subdivisions
served
by
public
safety
agencies,
as
32
currently
provided
in
Code
section
34A.3.
33
The
bill
modifies
several
provisions
in
Code
section
34A.7A,
34
which
relates
to
the
distribution
and
permissible
expenditures
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of
the
911
emergency
communications
service
surcharge.
The
1
bill
allows
the
911
program
manager
to
provide
grants
to
911
2
service
boards
and
the
department
of
public
safety
(DPS)
to
3
develop
and
maintain
GIS
data
to
support
a
next
generation
4
911
network.
The
bill
removes
the
allocation
of
$4,383,000
5
to
DPS
for
costs
due
under
a
financing
agreement
to
build
6
the
statewide
interoperable
communications
system.
The
bill
7
allocates
$7
million
for
distribution
to
the
obligations
listed
8
in
Code
section
34A.7A(2)(h)
for
the
fiscal
year
beginning
July
9
1,
2017.
The
bill
limits
the
definition
of
consolidate
with
10
respect
to
grants
provided
to
PSAPs
agreeing
to
consolidate.
11
The
bill
adds
a
fourteenth
member
to
the
911
communications
12
council
who
is
to
be
appointed
by
the
Iowa
geographic
13
information
council.
14
The
bill
requires
the
department
of
homeland
security
15
and
emergency
management
to
develop
a
plan
to
combine
the
16
wireline
911
network
with
the
next
generation
911
network.
The
17
plan
must
describe
anticipated
costs,
use
of
surcharges,
and
18
utilization
of
shared
services
technology.
The
plan
must
also
19
include
suggested
amendments
to
Code
chapter
34A
to
allow
the
20
implementation
of
the
plan.
The
department
must
submit
the
21
plan
to
the
general
assembly
no
later
than
January
15,
2018.
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