Bill Text: IA SF2307 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to 911 emergency telephone and internet communication systems, making appropriations, and including effective date provisions. (Formerly SSB 3107.)

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2018-03-05 - Subcommittee: Shipley, Danielson, and Greene. S.J. 535. [SF2307 Detail]

Download: Iowa-2017-SF2307-Introduced.html

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Senate File 2307 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON STATE
                                     GOVERNMENT

                                 (SUCCESSOR TO SSB
                                     3107)

                                      A BILL FOR

  1 An Act relating to 911 emergency telephone and internet
  2    communication systems, making appropriations, and including
  3    effective date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 34A.2, Code 2018, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  01.  "911 call processing equipment" means
  1  4 equipment owned by the department that functions in a host
  1  5 remote environment, provides 911 call processing functionality
  1  6 to public safety answering points, and utilizes the next
  1  7 generation 911 network. "911 call processing equipment"
  1  8 includes but is not limited to computer aided dispatch, voice
  1  9 logging recorders, mapping, and emergency medical dispatch.
  1 10    NEW SUBSECTION.  001.  "911 call processing equipment
  1 11 provider" means a vendor or vendors selected by the department
  1 12 to provide 911 call processing equipment.
  1 13    NEW SUBSECTION.  0001.  "911 call transport provider" means
  1 14 a vendor or vendors selected by the department to deliver
  1 15 aggregated wire=line 911 call traffic to the next generation
  1 16 911 network and from the next generation 911 network to public
  1 17 safety answering points.
  1 18    NEW SUBSECTION.  014.  "Next generation 911 network service
  1 19 provider" means a vendor or vendors selected by the department
  1 20 to provide next generation 911 network functionality.
  1 21    Sec. 2.  Section 34A.2, subsections 2 and 13, Code 2018, are
  1 22 amended to read as follows:
  1 23    2.  "911 service plan" means a plan that includes the
  1 24 following information:
  1 25    a.  A description of the 911 service area.
  1 26    b.  A list of all public and private safety agencies within
  1 27 the 911 service area.
  1 28    c.  The number of public safety answering points within the
  1 29 911 service area.
  1 30    d.  Identification of the agency responsible for management
  1 31 and supervision of the 911 emergency communication system.
  1 32    e.  d.  (1)  A statement of estimated costs to be incurred by
  1 33 the joint 911 service board or the department of public safety,
  1 34 including separate estimates of the following:
  1 35    (a)  Nonrecurring costs, including but not limited to public
  2  1 safety answering points, network equipment, software 911 call
  2  2 processing equipment, internet and telephone access, database,
  2  3 addressing, training, and other capital expenditures, including
  2  4 the purchase or lease of subscriber names, addresses, and
  2  5 telephone information from the local exchange service provider.
  2  6    (b)  Recurring costs, including but not limited to network
  2  7 access fees and other telephone charges, software 911
  2  8 call processing equipment, internet and telephone access,
  2  9 equipment, and database management, and maintenance, including
  2 10 the purchase or lease of subscriber names, addresses, and
  2 11 telephone information from the local exchange service provider.
  2 12 Recurring costs shall not include personnel costs for a public
  2 13 safety answering point.
  2 14    (2)  Funds deposited in a 911 service fund are appropriated
  2 15 and shall be used for the payment of costs that are limited to
  2 16 nonrecurring and recurring costs directly attributable to the
  2 17 receipt and disposition of the 911 call. Costs do not include
  2 18 expenditures for any other purpose, and specifically exclude
  2 19 costs attributable to other emergency services or expenditures
  2 20 for buildings or personnel, except for the costs of personnel
  2 21 for database management and personnel directly associated with
  2 22 addressing.
  2 23    f.  Current equipment operated by affected local exchange
  2 24 service providers, and central office equipment and technology
  2 25 upgrades necessary for the provider to implement 911 service
  2 26 within the 911 service area.
  2 27    g.  e.  A schedule for implementation of the plan throughout
  2 28 the 911 service area. The schedule may provide for phased
  2 29 implementation.
  2 30    h.  f.  The number of telephone access lines and voice over
  2 31 internet protocol service connections capable of access to 911
  2 32 in the 911 service area.
  2 33    i.  g.  The total property valuation in the 911 service area.
  2 34    j.  h.  A plan to migrate to a next generation 911 network.
  2 35    13.  "Next generation 911 network" means an internet
  3  1 protocol=enabled system that enables the public to transmit
  3  2 digital information to public safety answering points and is
  3  3 responsible for the delivery of all 911 messages within the
  3  4 state. "Next generation 911 network" replaces enhanced 911,
  3  5  and that includes but is not limited to 911 voice and nonvoice
  3  6 messages generated by originating service providers, ESInet,
  3  7 GIS, cybersecurity, and other system components.
  3  8    Sec. 3.  Section 34A.2, subsection 20, paragraph a, Code
  3  9 2018, is amended to read as follows:
  3 10    a.  The service provides real=time two=way voice
  3 11 communications transmitted using internet protocol, and or a
  3 12 successor protocol.
  3 13    Sec. 4.  Section 34A.7, subsection 2, paragraph a, Code 2018,
  3 14 is amended to read as follows:
  3 15    a.  The surcharge shall be collected as part of the access
  3 16 line service provider's periodic billing to a subscriber. In
  3 17 compensation for the costs of billing and collection, the local
  3 18 exchange service provider may retain one percent of the gross
  3 19 surcharges collected. If the compensation is insufficient to
  3 20 fully recover a local exchange service provider's costs for
  3 21 billing and collection of the surcharge, the deficiency shall
  3 22 be included in the local exchange service provider's costs
  3 23 for ratemaking purposes to the extent it is reasonable and
  3 24 just under section 476.6. The surcharge shall be remitted to
  3 25 the 911 service operating authority joint 911 service board
  3 26  for deposit into the 911 service fund quarterly by the local
  3 27 exchange service provider. The total amount for multiple
  3 28 exchanges may be combined.
  3 29    Sec. 5.  Section 34A.7A, subsection 2, paragraph b,
  3 30 subparagraph (1), Code 2018, is amended to read as follows:
  3 31    (1)  The program manager shall allocate to each joint
  3 32 911 service board and to the department of public safety a
  3 33 minimum of one thousand dollars per calendar quarter for each
  3 34 public safety answering point within the service area of the
  3 35 department of public safety or joint 911 service board that has
  4  1 submitted an annual written request to the program manager in a
  4  2 form approved by the program manager by May 15 of each year.
  4  3    Sec. 6.  Section 34A.7A, subsection 2, paragraph d, Code
  4  4 2018, is amended by striking the paragraph.
  4  5    Sec. 7.  Section 34A.7A, subsection 2, paragraph e, Code
  4  6 2018, is amended to read as follows:
  4  7    e.  (1)  The program manager shall reimburse wire=line
  4  8 carriers next generation 911 network service providers,
  4  9 911 call processing equipment providers, 911 call
  4 10 transport providers, and third=party 911 automatic location
  4 11 identification database providers on a calendar quarterly
  4 12 basis for the costs of maintaining and upgrading the next
  4 13 generation 911 components and functionalities beyond the input
  4 14 to the 911 selective router, including the 911 selective router
  4 15  network functionality, 911 call processing equipment, 911 call
  4 16 transport from the next generation 911 network to public safety
  4 17 answering points and from the wireless originating service
  4 18 provider network to the next generation 911 network, and the
  4 19 automatic location identification database.
  4 20    (2)  The program manager may also provide grants to joint
  4 21 911 service boards and the department of public safety for
  4 22 the purpose of developing and maintaining GIS data to be used
  4 23 in support of the next generation 911 network. The program
  4 24 manager shall provide guidelines, application forms, and notice
  4 25 of the availability of such grants on the department's internet
  4 26 site.
  4 27    Sec. 8.  Section 34A.7A, subsection 2, paragraph g,
  4 28 subparagraph (1), unnumbered paragraph 1, Code 2018, is amended
  4 29 to read as follows:
  4 30    If moneys remain in the fund after fully paying all
  4 31 obligations under paragraphs "a", "b", "c", "d", and "e",
  4 32 and "f", an amount of up to seven million dollars shall, for
  4 33 the fiscal year beginning July 1, 2017, and ending June 30,
  4 34 2018, remaining funds shall be expended and distributed in the
  4 35 following priority order:
  5  1    Sec. 9.  Section 34A.8, Code 2018, is amended to read as
  5  2 follows:
  5  3    34A.8  Local exchange service information == penalty.
  5  4    1.  A local exchange service provider shall furnish to the
  5  5 next generation 911 network service provider, designated by
  5  6 the joint 911 service board department, all names, addresses,
  5  7 and telephone number information concerning its subscribers
  5  8 which will be served by the next generation 911 system network
  5  9  and shall periodically update the local exchange service
  5 10 information. The 911 service provider shall furnish the
  5 11 addresses and telephone number information received from the
  5 12 local exchange service provider to the director for use in the
  5 13 mass notification and emergency messaging system as defined
  5 14 in section 29C.2. The local exchange service provider shall
  5 15 receive as compensation for the provision of local exchange
  5 16 service information charges according to its tariffs on file
  5 17 with and approved by the Iowa utilities board. The tariff
  5 18 charges shall be the same whether or not the local exchange
  5 19 service provider is designated as the next generation 911
  5 20 network service provider by the joint 911 service board
  5 21  department.
  5 22    2.  a.  Subscriber information remains the property of the
  5 23 local exchange service provider.
  5 24    b.  The director, program manager, joint 911 service board,
  5 25 local emergency management commission established pursuant
  5 26 to section 29C.9, the designated next generation 911 network
  5 27  service provider, and the public safety answering point, their
  5 28 agents, employees, and assigns shall use local exchange service
  5 29 information provided by the local exchange service provider
  5 30 solely for the purposes of providing 911 emergency telephone
  5 31 service or providing related mass notification and emergency
  5 32 messaging services as described in section 29C.17A utilizing
  5 33 only the subscriber's information, and it shall otherwise be
  5 34 kept confidential. A person who violates this section is
  5 35 guilty of a simple misdemeanor.
  6  1    c.  This chapter does not require a local exchange service
  6  2 provider to sell or provide its subscriber names, addresses,
  6  3 or telephone number information to any person other than
  6  4 the designated next generation 911 network service provider
  6  5 designated by the joint 911 service board.
  6  6    Sec. 10.  CONSOLIDATION OF NEXT GENERATION 911 NETWORK.  The
  6  7 department of homeland security and emergency management
  6  8 shall implement its plan to consolidate the wire=line 911
  6  9 network with the next generation 911 network. During the
  6 10 consolidation, joint 911 service boards shall continue to
  6 11 pay the costs of providing wire=line 911 service. When the
  6 12 department notifies a joint 911 service board that wire=line
  6 13 911 service is being delivered to public safety answering
  6 14 points within the 911 service area of the joint 911 service
  6 15 board via the next generation 911 network, the joint 911
  6 16 service board shall no longer be responsible for any associated
  6 17 functions or costs for providing wire=line 911 service and such
  6 18 costs shall be addressed by the department pursuant to section
  6 19 34A.7A, subsection 2, paragraph "e".
  6 20    Sec. 11.  EFFECTIVE DATE.
  6 21    1.  The section of this Act amending section 34A.7A,
  6 22 subsection 2, paragraph g, subparagraph (1), unnumbered
  6 23 paragraph 1, takes effect July 1, 2018.
  6 24    2.  The remaining sections of this Act, being deemed of
  6 25 immediate importance, take effect upon enactment.
  6 26                           EXPLANATION
  6 27 The inclusion of this explanation does not constitute agreement with
  6 28 the explanation's substance by the members of the general assembly.
  6 29    This bill modifies several provisions in Code chapter 34A
  6 30 that relate to 911 emergency telephone communication systems.
  6 31    The bill defines "911 call processing equipment" as
  6 32 equipment owned by the department of homeland security and
  6 33 emergency management (HSEMD) that functions in a host remote
  6 34 environment, provides 911 call processing functionality
  6 35 to public safety answering points, and utilizes the next
  7  1 generation 911 network, including but not limited to computer
  7  2 aided dispatch, voice logging recorders, mapping, and emergency
  7  3 medical dispatch. The bill defines "911 call processing
  7  4 equipment provider" as a vendor or vendors selected by HSEMD
  7  5 to provide call processing equipment. The bill defines "911
  7  6 call transport provider" as a vendor or vendors selected by
  7  7 HSEMD to deliver aggregated wire=line 911 call traffic to the
  7  8 next generation 911 network and from the next generation 911
  7  9 network to public safety answering points. The bill defines
  7 10 "next generation 911 network service provider" as a vendor
  7 11 or vendors selected by HSEMD to provide next generation 911
  7 12 network functionality.
  7 13    The bill removes the identification of the agency
  7 14 responsible for the 911 emergency communication system and
  7 15 equipment operated by local exchange service providers from
  7 16 the information required in the definition of "911 service
  7 17 plan". The bill also includes 911 call processing equipment
  7 18 and internet and telephone access in the statement of estimated
  7 19 costs required, as defined in "911 service plan". The bill
  7 20 amends the definition of "next generation 911 network" by
  7 21 specifying that it is responsible for the delivery of all 911
  7 22 messages within the state and that it includes 911 voice and
  7 23 nonvoice messages generated by originating service providers.
  7 24 The bill amends the definition of "voice over internet protocol
  7 25 service" by specifying that the service must provide real=time
  7 26 two=way voice communications transmitted using internet
  7 27 protocol or a successor protocol.
  7 28    The bill requires the wire=line service surcharge collected
  7 29 pursuant to Code section 34A.7 to be remitted to the joint 911
  7 30 service board instead of the 911 service operating authority.
  7 31    The bill modifies several provisions in Code section 34A.7A,
  7 32 which relates to the distribution and permissible expenditures
  7 33 of the 911 emergency communications service surcharge. The
  7 34 bill removes the requirement for public safety answering points
  7 35 to submit written requests to the program manager to receive
  8  1 specified funding. The bill removes the requirement for the
  8  2 program manager to reimburse originating service providers
  8  3 for expenses related to the delivery of wireless E911 phase
  8  4 1 services and the integration of the next generation 911
  8  5 network. The bill places the ability of the program manager to
  8  6 provide grants to joint 911 service boards and the department
  8  7 of public safety for developing and maintaining GIS data in
  8  8 a lower priority on the order of permissible expenditures.
  8  9 The bill requires the program manager to reimburse next
  8 10 generation 911 network service providers, 911 call processing
  8 11 equipment providers, 911 call transport providers, and
  8 12 third=party 911 automatic location identification database
  8 13 providers for the costs of maintaining the next generation
  8 14 911 network functionality, 911 call processing equipment, 911
  8 15 call transport, and the automatic location identification
  8 16 database. The bill removes the allocation of up to $7 million
  8 17 for distribution to the obligations listed in Code section
  8 18 34A.7A(2)(g) for the fiscal year beginning July 1, 2017, and
  8 19 provides that remaining funds shall be distributed to such
  8 20 obligations.
  8 21    The bill requires local exchange service providers to
  8 22 furnish certain information specified in Code section 34A.8 to
  8 23 the next generation 911 network service provider designated by
  8 24 HSEMD instead of the 911 service provider designated by the
  8 25 joint 911 service board.
  8 26    The bill requires HSEMD to implement its plan to consolidate
  8 27 the wire=line 911 network with the next generation 911 network.
  8 28 Joint 911 service boards shall continue to pay the costs of
  8 29 providing wire=line 911 service during the consolidation.
  8 30 When HSEMD notifies a joint 911 service board that wire=line
  8 31 911 service is being delivered to public safety answering
  8 32 points within its 911 service area via the next generation
  8 33 911 network, the joint 911 service board shall no longer be
  8 34 responsible for any associated functions or costs for providing
  8 35 wire=line 911 service and such costs shall be addressed
  9  1 pursuant to Code section 34.7A(2)(e).
  9  2    The section of the bill removing the allocation of up to
  9  3 $7 million for distribution to the obligations listed in Code
  9  4 section 34A.7A(2)(g) for the fiscal year beginning July 1,
  9  5 2017, and providing that remaining funds shall be distributed
  9  6 to such obligations, takes effect July 1, 2018. All other
  9  7 sections of the bill take effect upon enactment.
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