Bill Text: IA HSB627 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to the distribution and permissible expenditures of the emergency communications service surcharge and the duties of the E911 communications council.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-17 - Voted - Public Safety. [HSB627 Detail]
Download: Iowa-2015-HSB627-Introduced.html
House
Study
Bill
627
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
BAUDLER)
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
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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
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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
used
8
for
emergency
communication
equipment
utilized
by
the
public
9
safety
answering
points
for
the
implementation
and
maintenance
10
of
E911
services.
11
b.
c.
From
July
1,
2013,
until
June
30,
2026,
the
program
12
manager
shall
allocate
ten
percent
of
the
total
amount
of
13
surcharge
generated
to
wireless
carriers
to
recover
their
costs
14
to
deliver
E911
phase
1
services.
If
the
allocation
in
this
15
paragraph
is
insufficient
to
reimburse
all
wireless
carriers
16
for
such
carrier’s
eligible
expenses,
the
program
manager
17
shall
allocate
a
prorated
amount
to
each
wireless
carrier
18
equal
to
the
percentage
of
such
carrier’s
eligible
expenses
as
19
compared
to
the
total
of
all
eligible
expenses
for
all
wireless
20
carriers
for
the
calendar
quarter
during
which
such
expenses
21
were
submitted.
When
prorated
expenses
are
paid,
the
remaining
22
unpaid
expenses
shall
no
longer
be
eligible
for
payment
under
23
this
paragraph.
24
c.
d.
The
program
manager
shall
reimburse
communications
25
service
providers
on
a
calendar
quarter
basis
for
carriers’
26
eligible
expenses
for
transport
costs
between
the
selective
27
router
and
the
public
safety
answering
points
related
to
the
28
delivery
of
wireless
E911
phase
1
services.
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
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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.
(1)
If
moneys
remain
in
the
fund
after
fully
paying
31
all
obligations
under
paragraphs
“a”
,
“b”
,
“c”
,
“d”
,
and
“e”
,
32
the
remainder
may
be
accumulated
in
the
fund
as
a
carryover
33
operating
surplus.
shall
be
expended
and
distributed
in
the
34
following
priority
order:
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(a)
(i)
The
E911
communications
council
may
provide
a
grant
1
to
any
public
safety
answering
point
agreeing
to
consolidate
2
with
one
or
more
other
public
safety
answering
points.
Such
3
a
grant
to
a
public
safety
answering
point
shall
not
exceed
4
one-half
of
the
projected
cost
of
consolidation,
or
two
hundred
5
thousand
dollars,
whichever
is
less.
6
(ii)
The
grant
program
established
in
this
subparagraph
7
division
shall
expire
on
June
30,
2022.
8
(iii)
The
director,
in
consultation
with
the
program
9
manager
and
the
E911
communications
council,
shall
adopt
rules
10
governing
the
eligibility
for
and
the
E911
communications
11
council’s
distribution
of
grants
to
public
safety
answering
12
points
pursuant
to
this
subparagraph
division.
13
(b)
The
program
manager,
in
consultation
with
the
E911
14
communications
council,
shall
allocate
an
amount,
not
to
exceed
15
one
hundred
thousand
dollars
per
fiscal
year,
for
development
16
of
public
awareness
and
educational
programs
related
to
the
17
use
of
911
by
the
public,
educational
programs
for
personnel
18
responsible
for
the
maintenance,
operation,
and
upgrading
of
19
local
E911
systems
,
and
the
expenses
of
members
of
the
E911
20
communications
council
for
travel,
monthly
meetings,
and
21
training
.
22
(c)
The
program
manager
shall
allocate
remaining
surplus
23
shall
be
used
moneys
equally
as
follows:
24
(i)
To
public
safety
answering
points
to
fund
future
network
25
and
public
safety
answering
point
improvements
and
for
the
26
receipt
and
disposition
of
911
calls,
including
hardware
and
27
software
for
an
internet
protocol-enabled
next
generation
28
network
,
and
wireless
.
29
(ii)
Costs
related
to
access
the
state’s
interoperable
30
communications
system.
31
(iii)
Costs
related
to
the
receipt
and
disposition
of
911
32
calls.
33
(iv)
Wireless
carriers’
transport
costs
related
to
wireless
34
E911
services,
if
those
costs
are
not
otherwise
recovered
by
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wireless
carriers
through
customer
billing
or
other
sources
and
1
approved
by
the
program
manager
in
consultation
with
the
E911
2
communications
council.
3
(2)
Notwithstanding
section
8.33
,
any
moneys
remaining
in
4
the
fund
at
the
end
of
each
fiscal
year
shall
not
revert
to
the
5
general
fund
of
the
state
but
shall
remain
available
for
the
6
purposes
of
the
fund.
7
g.
The
director,
in
consultation
with
the
program
manager
8
and
the
E911
communications
council,
shall
adopt
rules
pursuant
9
to
chapter
17A
governing
the
distribution
of
the
surcharge
10
collected
and
distributed
pursuant
to
this
subsection
.
The
11
rules
shall
include
provisions
that
all
joint
E911
service
12
boards
and
the
department
of
public
safety
which
answer
13
or
service
wireless
E911
calls
are
eligible
to
receive
an
14
equitable
portion
of
the
receipts.
15
Sec.
2.
Section
34A.15,
Code
2016,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
3A.
The
council
may
provide
grants,
subject
18
to
available
moneys
in
the
E911
emergency
communications
fund,
19
to
public
safety
answering
points
agreeing
to
consolidate
20
pursuant
to
section
34A.7A,
subsection
2,
paragraph
“f”
.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
the
distribution
and
permissible
25
expenditures
of
the
E911
emergency
communications
service
26
surcharge.
27
Under
current
Code
section
34A.7A,
a
monthly
surcharge
28
is
imposed
on
all
communications
service
providers
in
Iowa.
29
Moneys
collected
pursuant
to
the
surcharge
are
deposited
in
30
a
fund
and
are
distributed
by
the
E911
program
manager
in
a
31
priority
order
as
listed
in
Code
section
34A.7A(2),
paragraphs
32
“a”
through
“f”.
33
The
bill
establishes
a
higher
priority
of
funding
for
34
the
contents
of
Code
section
34A.7A(2),
paragraph
“e”,
which
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relates
to
funding
to
be
provided
to
joint
E911
service
boards
1
and
to
the
department
of
public
safety
(DPS),
and
increases
the
2
amount
of
moneys
allocated
for
funding
under
this
paragraph
3
from
46
percent
to
60
percent
of
the
total
amount
of
surcharge
4
generated.
The
bill
also
specifies
that
the
funds
allocated
to
5
such
joint
E911
boards
and
to
DPS
shall
be
used
for
“emergency”
6
communication
equipment
to
receive
and
dispose
of
911
calls.
7
The
bill
amends
Code
section
34A.7A(2),
paragraph
“f”,
8
which
relates
to
the
distribution
of
any
moneys
remaining
9
after
fully
paying
all
prioritized
obligations
under
the
10
previous
paragraphs,
by
establishing
a
new
priority
order
for
11
the
expenditure
and
distribution
of
such
remaining
moneys.
12
First
in
this
priority
order
is
an
amount
allocated
to
the
13
E911
communications
council
to
provide
grants
to
public
14
safety
answering
points
agreeing
to
consolidate,
not
to
exceed
15
one-half
of
the
cost
of
consolidation,
or
$200,000,
whichever
16
is
less.
Such
grants
may
be
provided
until
June
30,
2022.
17
Second
in
this
priority
order
is
an
amount,
not
to
exceed
18
$100,000
per
year,
to
be
allocated
only
for
the
development
19
of
public
awareness
and
educational
programs
relating
to
the
20
use
and
maintenance
of
E911
systems
and
not
for
the
expenses
21
of
members
of
the
E911
communications
travel
for
meetings
and
22
training.
Third
in
this
priority
order
is
for
any
remaining
23
moneys
to
be
allocated
equally
to
the
following:
public
safety
24
answering
points
to
fund
future
network
improvements;
costs
25
related
to
access
the
Iowa
interoperable
communications
system;
26
costs
related
to
the
receipt
and
disposition
of
911
calls;
and
27
wireless
carriers’
transport
costs
for
wireless
E911
services,
28
if
applicable.
29
The
bill
provides
the
E911
communications
council
with
the
30
authority
to
provide
grants
to
consolidating
public
safety
31
answering
points
under
Code
section
34A.15.
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