Senate File 249 - Introduced SENATE FILE 249 BY EDLER A BILL FOR An Act relating to 911 emergency telephone service, including 1 how funds deposited in a 911 service fund may be used, the 2 costs associated with providing 911 service, and access to 3 the next generation 911 network. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1996XS (2) 89 jda/rn
S.F. 249 Section 1. Section 34A.2, subsection 5, paragraph d, 1 subparagraph (2), Code 2021, is amended to read as follows: 2 (2) Funds deposited in a 911 service fund are appropriated 3 and shall be used for the payment of costs that are limited 4 to nonrecurring and recurring costs directly attributable to 5 the receipt and disposition of the 911 call. Costs do not 6 include expenditures for any other purpose, and specifically 7 exclude costs associated with reimbursement to originating 8 service providers for providing 911 call delivery service, 9 costs attributable to other emergency services or expenditures 10 for buildings or personnel, except for the costs of personnel 11 for database management and personnel directly associated with 12 addressing. 13 Sec. 2. Section 34A.7, unnumbered paragraph 1, Code 2021, 14 is amended to read as follows: 15 When a 911 service plan is implemented, the costs of 16 providing 911 service within a 911 service area are the 17 responsibility of the joint 911 service board and the member 18 political subdivisions. Costs in excess of the amount raised 19 by imposition of the 911 service surcharge provided for 20 under subsection 1 shall be paid by the joint 911 service 21 board from such revenue sources allocated among the member 22 political subdivisions as determined by the joint 911 service 23 board. Funding is not limited to the surcharge, and surcharge 24 revenues may be supplemented by other permissible local and 25 state revenue sources. A joint 911 service board shall not 26 commit a political subdivision to appropriate property tax 27 revenues to fund a 911 service plan without the consent of the 28 political subdivision. A joint 911 service board may approve 29 a 911 service plan, including a funding formula requiring 30 appropriations by participating political subdivisions, subject 31 to the approval of the funding formula by each political 32 subdivision. However, a political subdivision may agree in 33 advance to appropriate property tax revenues or other moneys 34 according to a formula or plan developed by an alternative 35 -1- LSB 1996XS (2) 89 jda/rn 1/ 4
S.F. 249 chapter 28E entity. 1 Sec. 3. Section 34A.7A, subsection 2, paragraph c, Code 2 2021, is amended by striking the paragraph. 3 Sec. 4. Section 34A.8, Code 2021, is amended to read as 4 follows: 5 34A.8 Local exchange service information —— penalty —— 6 recurring costs . 7 1. A local exchange service provider shall furnish to the 8 next generation 911 network service provider, designated by 9 the department, all names, addresses, and telephone number 10 information concerning its subscribers which will be served 11 by the next generation 911 network and shall periodically 12 update the local exchange service information. The 911 service 13 provider shall furnish the addresses and telephone number 14 information received from the local exchange service provider 15 to the director for use in the mass notification and emergency 16 messaging system as defined in section 29C.2 . The local 17 exchange service provider shall receive as compensation for 18 the provision of local exchange service information charges 19 according to its tariffs on file with and approved by the Iowa 20 utilities board. The tariff charges shall be the same whether 21 or not the local exchange service provider is designated as the 22 next generation 911 network service provider by the department. 23 2. a. Subscriber information remains the property of the 24 local exchange service provider. 25 b. The director, program manager, joint 911 service board, 26 local emergency management commission established pursuant 27 to section 29C.9 , the designated next generation 911 network 28 service provider, and the public safety answering point, and 29 their agents, employees, and assigns shall use local exchange 30 service information provided by the local exchange service 31 provider solely for the purposes of providing 911 emergency 32 telephone service or providing related mass notification and 33 emergency messaging services as described in section 29C.17A 34 utilizing only the subscriber’s information, and local exchange 35 -2- LSB 1996XS (2) 89 jda/rn 2/ 4
S.F. 249 service information shall otherwise be kept confidential. 1 A person who violates this section is guilty of a simple 2 misdemeanor. 3 c. This chapter does not require a local exchange service 4 provider to sell or provide its subscriber names, addresses, 5 or telephone number information to any person other than the 6 designated next generation 911 network service provider. 7 3. A local exchange service provider shall pay all costs 8 associated with recurring monthly 911 service. 9 Sec. 5. Section 34A.10, Code 2021, is amended to read as 10 follows: 11 34A.10 Next generation 911 network access. 12 On and after July 1, 2017, only the program manager shall 13 approve access to the next generation 911 network. The program 14 manager shall determine the points of ingress and egress for an 15 originating service provider to access the next generation 911 16 network. An originating service provider shall pay all costs 17 associated with connecting to the points of ingress and egress. 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 relates to 911 emergency telephone service, 22 including how funds deposited in a 911 service fund may be 23 used, the costs associated with providing 911 service, and 24 access to the next generation 911 network. 25 Current law provides that funds deposited in a 911 service 26 fund shall be used for the payment of costs that are limited to 27 nonrecurring and recurring costs that are directly attributable 28 to the receipt and disposition of a 911 call. The bill 29 provides that these costs do not include costs associated with 30 reimbursement to originating service providers for providing 31 911 call delivery service. 32 The bill strikes from Code section 34A.7 a provision that 33 requires the costs of providing 911 service within a 911 34 service area in excess of the amount raised by the 911 service 35 -3- LSB 1996XS (2) 89 jda/rn 3/ 4
S.F. 249 surcharge to be paid from revenue sources allocated among the 1 member political subdivisions as determined by the joint 911 2 service board. Additionally, the bill strikes a provision that 3 establishes that the funding of the costs of providing 911 4 service within a 911 service area is not limited to the 911 5 service surcharge, and surcharge revenues may be supplemented 6 by other permissible local and state revenue sources. 7 The bill strikes Code section 34A.7A, subsection 2, 8 paragraph “c”, which provides that from July 1, 2013, until 9 June 30, 2026, the 911 program manager shall allocate a 10 percentage of the total amount of surcharge generated to 11 wireless carriers to recover their costs to deliver E911 phase 12 1 services. 13 Current law requires a local exchange service provider to 14 furnish to the next generation 911 network service provider 15 certain information related to its subscribers and provides 16 for compensation to the local exchange service provider for 17 providing this information. The bill strikes the provision 18 that requires the local exchange service provider to be 19 compensated for providing this information. 20 The bill provides that a local exchange service provider 21 shall pay all costs associated with recurring monthly 911 22 service. 23 The bill requires the program manager to determine the 24 points of ingress and egress for an originating service 25 provider to access the next generation 911 network. 26 Additionally, the bill requires an originating service provider 27 to pay all costs associated with connecting to the points of 28 ingress and egress. 29 -4- LSB 1996XS (2) 89 jda/rn 4/ 4