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 TLSB 1189SV (2) 87 gh/rj
S.F. 454 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 35 -1- LSB 1189SV (2) 87 gh/rj 1/ 32
S.F. 454 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. 35 -2- LSB 1189SV (2) 87 gh/rj 2/ 32
S.F. 454 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 35 -3- LSB 1189SV (2) 87 gh/rj 3/ 32
S.F. 454 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 35 -4- LSB 1189SV (2) 87 gh/rj 4/ 32
S.F. 454 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 35 -5- LSB 1189SV (2) 87 gh/rj 5/ 32
S.F. 454 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. 35 -6- LSB 1189SV (2) 87 gh/rj 6/ 32
S.F. 454 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 35 -7- LSB 1189SV (2) 87 gh/rj 7/ 32
S.F. 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 35 -8- LSB 1189SV (2) 87 gh/rj 8/ 32
S.F. 454 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 35 -9- LSB 1189SV (2) 87 gh/rj 9/ 32
S.F. 454 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 35 -10- LSB 1189SV (2) 87 gh/rj 10/ 32
S.F. 454 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 35 -11- LSB 1189SV (2) 87 gh/rj 11/ 32
S.F. 454 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 35 -12- LSB 1189SV (2) 87 gh/rj 12/ 32
S.F. 454 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 35 -13- LSB 1189SV (2) 87 gh/rj 13/ 32
S.F. 454 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 35 -14- LSB 1189SV (2) 87 gh/rj 14/ 32
S.F. 454 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 35 -15- LSB 1189SV (2) 87 gh/rj 15/ 32
S.F. 454 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. 35 -16- LSB 1189SV (2) 87 gh/rj 16/ 32
S.F. 454 (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 35 -17- LSB 1189SV (2) 87 gh/rj 17/ 32
S.F. 454 911 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 35 -18- LSB 1189SV (2) 87 gh/rj 18/ 32
S.F. 454 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 35 -19- LSB 1189SV (2) 87 gh/rj 19/ 32
S.F. 454 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. 35 -20- LSB 1189SV (2) 87 gh/rj 20/ 32
S.F. 454 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 -21- LSB 1189SV (2) 87 gh/rj 21/ 32
S.F. 454 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 35 -22- LSB 1189SV (2) 87 gh/rj 22/ 32
S.F. 454 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 35 -23- LSB 1189SV (2) 87 gh/rj 23/ 32
S.F. 454 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 -24- LSB 1189SV (2) 87 gh/rj 24/ 32
S.F. 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. 35 -25- LSB 1189SV (2) 87 gh/rj 25/ 32
S.F. 454 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. 35 -26- LSB 1189SV (2) 87 gh/rj 26/ 32
S.F. 454 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. 35 -27- LSB 1189SV (2) 87 gh/rj 27/ 32
S.F. 454 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 35 -28- LSB 1189SV (2) 87 gh/rj 28/ 32
S.F. 454 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 35 -29- LSB 1189SV (2) 87 gh/rj 29/ 32
S.F. 454 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 35 -30- LSB 1189SV (2) 87 gh/rj 30/ 32
S.F. 454 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 35 -31- LSB 1189SV (2) 87 gh/rj 31/ 32
S.F. 454 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. 22 -32- LSB 1189SV (2) 87 gh/rj 32/ 32