House File 2439 - Reprinted HOUSE FILE 2439 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HF 2408) (SUCCESSOR TO HSB 627) (As Amended and Passed by the House March 23, 2016 ) A BILL FOR An Act relating to the distribution and permissible 1 expenditures of the emergency communications service 2 surcharge and the duties of the E911 communications council. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 2439 (5) 86 gh/rj/md

H.F. 2439 Section 1. Section 34A.7A, subsection 2, Code 2016, is 1 amended to read as follows: 2 2. Moneys collected pursuant to subsection 1 and section 3 34A.7B, subsection 2 , shall be deposited in a separate E911 4 emergency communications fund within the state treasury 5 under the control of the program manager. Section 8.33 shall 6 not apply to moneys in the fund. Moneys earned as income, 7 including as interest, from the fund shall remain in the fund 8 until expended as provided in this section . Moneys in the fund 9 shall be expended and distributed in the following priority 10 order: 11 a. An amount as appropriated by the general assembly to the 12 director shall be allocated to the director and program manager 13 for implementation, support, and maintenance of the functions 14 of the director and program manager and to employ the auditor 15 of state to perform an annual audit of the E911 emergency 16 communications fund. 17 b. (1) The program manager shall allocate to each joint 18 E911 service board and to the department of public safety a 19 minimum of one thousand dollars per calendar quarter for each 20 public safety answering point within the service area of the 21 department of public safety or joint E911 service board that 22 has submitted an annual written request to the program manager 23 in a form approved by the program manager by May 15 of each 24 year. 25 (2) The amount allocated under this paragraph “b” shall be 26 sixty percent of the total amount of surcharge generated per 27 calendar quarter allocated as follows: 28 (a) Sixty-five percent of the total dollars available for 29 allocation shall be allocated in proportion to the square miles 30 of the service area to the total square miles in this state. 31 (b) Thirty-five percent of the total dollars available for 32 allocation shall be allocated in proportion to the wireless 33 E911 calls taken at the public safety answering point in 34 the service area to the total number of wireless E911 calls 35 -1- HF 2439 (5) 86 gh/rj/md 1/ 6

H.F. 2439 originating in this state. 1 (c) Notwithstanding subparagraph divisions (a) and (b), the 2 minimum amount allocated to each joint E911 service board and 3 to the department of public safety shall be no less than one 4 thousand dollars for each public safety answering point within 5 the service area of the department of public safety or joint 6 E911 service board. 7 (3) The funds allocated in this paragraph “b” shall be 8 used by the public safety answering points for the receipt and 9 disposition of 911 calls. 10 b. c. From July 1, 2013, until June 30, 2026, the program 11 manager shall allocate ten percent of the total amount of 12 surcharge generated to wireless carriers to recover their costs 13 to deliver E911 phase 1 services. If the allocation in this 14 paragraph is insufficient to reimburse all wireless carriers 15 for such carrier’s eligible expenses, the program manager 16 shall allocate a prorated amount to each wireless carrier 17 equal to the percentage of such carrier’s eligible expenses as 18 compared to the total of all eligible expenses for all wireless 19 carriers for the calendar quarter during which such expenses 20 were submitted. When prorated expenses are paid, the remaining 21 unpaid expenses shall no longer be eligible for payment under 22 this paragraph. 23 c. d. The program manager shall reimburse communications 24 service providers on a calendar quarter basis for carriers’ 25 eligible expenses for transport costs between the selective 26 router and the public safety answering points related to the 27 delivery of wireless E911 phase 1 services and the integration 28 of an internet protocol-enabled next generation 911 network . 29 d. e. The program manager shall reimburse wire-line 30 carriers and third-party E911 automatic location information 31 database providers on a calendar quarterly basis for the 32 costs of maintaining and upgrading the E911 components and 33 functionalities beyond the input to the E911 selective router, 34 including the E911 selective router and the automatic location 35 -2- HF 2439 (5) 86 gh/rj/md 2/ 6

H.F. 2439 information database. 1 e. (1) The program manager shall allocate to each joint 2 E911 service board and to the department of public safety a 3 minimum of one thousand dollars per calendar quarter for each 4 public safety answering point within the service area of the 5 department of public safety or joint E911 service board that 6 has submitted an annual written request to the program manager 7 in a form approved by the program manager by May 15 of each 8 year. 9 (2) The amount allocated under this paragraph “e” shall be 10 forty-six percent of the total amount of surcharge generated 11 per calendar quarter allocated as follows: 12 (a) Sixty-five percent of the total dollars available for 13 allocation shall be allocated in proportion to the square miles 14 of the service area to the total square miles in this state. 15 (b) Thirty-five percent of the total dollars available for 16 allocation shall be allocated in proportion to the wireless 17 E911 calls taken at the public safety answering point in 18 the service area to the total number of wireless E911 calls 19 originating in this state. 20 (c) Notwithstanding subparagraph divisions (a) and (b), the 21 minimum amount allocated to each joint E911 service board and 22 to the department of public safety shall be no less than one 23 thousand dollars for each public safety answering point within 24 the service area of the department of public safety or joint 25 E911 service board. 26 (3) The funds allocated in this paragraph “e” shall be 27 used for communication equipment utilized by the public safety 28 answering points for the implementation and maintenance of E911 29 services. 30 f. The department of homeland security and emergency 31 management may, in a reserve account established within the 32 E911 emergency communications fund, credit each fiscal year 33 an amount of up to twelve and one-half percent of the annual 34 emergency communications service surcharge collected pursuant 35 -3- HF 2439 (5) 86 gh/rj/md 3/ 6

H.F. 2439 to subsection 1 and the prepaid wireless E911 surcharge 1 collected pursuant to section 34A.7B, subsection 2. However, 2 the moneys contained in such reserve account shall not exceed 3 twelve and one-half percent of the total surcharges collected 4 for each fiscal year. Moneys credited to the reserve account 5 shall only be used by the department for the purpose of 6 repairing or replacing equipment in the event of a catastrophic 7 equipment failure, as determined by the director. 8 f. g. (1) If moneys remain in the fund after fully paying 9 all obligations under paragraphs “a” , “b” , “c” , “d” , and “e” , 10 and “f” , the remainder may be accumulated in the fund as a 11 carryover operating surplus. shall be expended and distributed 12 in the following priority order: 13 (a) (i) The E911 communications council may provide a grant 14 to any public safety answering point agreeing to consolidate. 15 For purposes of this subparagraph division, “consolidate” means 16 the consolidation of all public safety answering point systems, 17 functions, enhanced 911 service areas, and physical facilities 18 of two or more public safety answering points, resulting in the 19 consolidated public safety answering point being responsible 20 for all call answering and dispatch functions for the combined 21 enhanced 911 service area, or the consolidation of two or 22 more public safety answering points utilizing shared services 23 technology to combine public safety answering point systems, 24 including but not limited to 911 call processing equipment, 25 computer-aided dispatch, mapping, radio, and logging recorders. 26 Such a grant to a public safety answering point shall not 27 exceed one-half of the projected cost of consolidation, or two 28 hundred thousand dollars, whichever is less. 29 (ii) The grant program established in this subparagraph 30 division shall expire on June 30, 2022. 31 (iii) The director, in consultation with the program 32 manager and the E911 communications council, shall adopt rules 33 governing the eligibility for and the E911 communications 34 council’s distribution of grants to public safety answering 35 -4- HF 2439 (5) 86 gh/rj/md 4/ 6

H.F. 2439 points pursuant to this subparagraph division. 1 (b) The program manager, in consultation with the E911 2 communications council, shall allocate an amount, not to exceed 3 one hundred thousand dollars per fiscal year, for development 4 of public awareness and educational programs related to the 5 use of 911 by the public, educational programs for personnel 6 responsible for the maintenance, operation, and upgrading of 7 local E911 systems, and the expenses of members of the E911 8 communications council for travel, monthly meetings, and 9 training , provided, however, that the members have not received 10 reimbursement funds for such expenses from another source . 11 (c) The program manager shall allocate remaining 12 surplus shall be used to fund future network and public 13 safety answering point improvements for moneys equally to 14 public safety answering points. Funds allocated under this 15 subparagraph division shall be used for the following costs: 16 (i) Costs related to the receipt and disposition of 17 911 calls, including hardware and software for an internet 18 protocol-enabled next generation 911 network , and wireless 19 carriers’ transport costs related to wireless E911 services, if 20 those costs are not otherwise recovered by wireless carriers 21 through customer billing or other sources and approved by the 22 program manager in consultation with the E911 communications 23 council . 24 (ii) Local costs related to access the state’s 25 interoperable communications system. 26 (2) Notwithstanding section 8.33 , any moneys remaining in 27 the fund at the end of each fiscal year shall not revert to the 28 general fund of the state but shall remain available for the 29 purposes of the fund. 30 g. h. The director, in consultation with the program 31 manager and the E911 communications council, shall adopt 32 rules pursuant to chapter 17A governing the distribution of 33 the surcharge collected and distributed pursuant to this 34 subsection . The rules shall include provisions that all joint 35 -5- HF 2439 (5) 86 gh/rj/md 5/ 6

H.F. 2439 E911 service boards and the department of public safety which 1 answer or service wireless E911 calls are eligible to receive 2 an equitable portion of the receipts. 3 Sec. 2. Section 34A.15, Code 2016, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 3A. The council may provide grants, subject 6 to available moneys in the E911 emergency communications fund, 7 to public safety answering points agreeing to consolidate 8 pursuant to section 34A.7A, subsection 2, paragraph “g” . 9 Sec. 3. STUDY OF CONSOLIDATION OF PUBLIC SAFETY ANSWERING 10 POINTS. The department of homeland security and emergency 11 management shall conduct a study to determine how public safety 12 answering points can be consolidated to achieve operational 13 and cost efficiencies. The study shall also review sections 14 34A.7 and 34A.7A to determine the most efficient method 15 of distributing surcharge revenues to support a network of 16 consolidated public safety answering points. The department 17 shall submit a report containing the results of the study no 18 later than January 15, 2017. 19 -6- HF 2439 (5) 86 gh/rj/md 6/ 6