SF 249 (LSB 1996XS (2) 89)

SENATE FILE 249

BY  EDLER

A BILL FOR

An Act relating to 911 emergency telephone service, including how funds deposited in a 911 service fund may be used, the costs associated with providing 911 service, and access to the next generation 911 network.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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