Bill Text: IA SF2332 | 2011-2012 | 84th General Assembly | Enrolled
Bill Title: A bill for an act relating to enhanced 911 emergency communication systems, including surcharges and the allocation of moneys collected from such surcharges and replacing the existing surcharge on prepaid wireless service with a new surcharge collected at the point of retail sale, and including effective and applicability date provisions. (Formerly SSB 3170 and SF SF 2272.) Various effective dates; see section 13 of bill.
Spectrum: Committee Bill
Status: (Passed) 2012-05-02 - Signed by Governor. S.J. 885. [SF2332 Detail]
Download: Iowa-2011-SF2332-Enrolled.html
Senate
File
2332
AN
ACT
RELATING
TO
ENHANCED
911
EMERGENCY
COMMUNICATION
SYSTEMS,
INCLUDING
SURCHARGES
AND
THE
ALLOCATION
OF
MONEYS
COLLECTED
FROM
SUCH
SURCHARGES
AND
REPLACING
THE
EXISTING
SURCHARGE
ON
PREPAID
WIRELESS
SERVICE
WITH
A
NEW
SURCHARGE
COLLECTED
AT
THE
POINT
OF
RETAIL
SALE,
AND
INCLUDING
EFFECTIVE
AND
APPLICABILITY
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
34A.2,
Code
2011,
is
amended
to
read
as
follows:
34A.2
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Access
line”
means
an
exchange
access
line
that
has
the
ability
to
access
dial
tone
and
reach
a
public
safety
answering
point.
2.
“Administrator”
means
the
administrator
of
the
homeland
security
and
emergency
management
division
of
the
department
of
public
defense.
3.
“Communications
service”
means
a
service
capable
of
accessing,
connecting
with,
or
interfacing
with
a
911
system
by
dialing,
initializing,
or
otherwise
activating
the
system
exclusively
through
the
digits
911
by
means
of
a
local
telephone
device
or
wireless
communications
device.
4.
“Communications
service
provider”
means
a
service
provider,
public
or
private,
that
transports
information
electronically
via
landline,
wireless,
internet,
cable,
or
satellite.
3.
5.
“Competitive
local
exchange
service
provider”
means
the
same
as
defined
in
section
476.96
.
Senate
File
2332,
p.
2
4.
“Emergency
911
notification
device”
means
a
product
capable
of
accessing
a
public
safety
answering
point
through
the
911
system.
6.
“Emergency
communications
service
surcharge”
means
a
charge
established
by
the
program
manager
in
accordance
with
section
34A.7A.
5.
7.
“Enhanced
911”
or
“E911”
means
a
service
that
provides
the
user
of
a
communications
service
with
the
ability
to
reach
a
public
safety
answering
point
by
dialing
using
the
digits
911,
and
that
has
the
following
additional
features:
a.
Routes
an
incoming
911
call
to
the
appropriate
public
safety
answering
point.
b.
Automatically
provides
voice,
displays
the
name,
address
or
location,
and
telephone
number
of
an
incoming
911
call
and
public
safety
agency
servicing
the
location.
6.
8.
“Enhanced
911
service
area”
means
the
geographic
area
to
be
serviced,
or
currently
serviced
under
an
enhanced
911
service
plan,
provided
that
an
enhanced
911
service
area
must
at
minimum
encompass
one
entire
county.
The
enhanced
911
service
area
may
encompass
more
than
one
county,
and
need
not
be
restricted
to
county
boundaries.
7.
9.
“Enhanced
911
service
plan”
means
a
plan
that
includes
the
following
information:
a.
A
description
of
the
enhanced
911
service
area.
b.
A
list
of
all
public
and
private
safety
agencies
within
the
enhanced
911
service
area.
c.
The
number
of
public
safety
answering
points
within
the
enhanced
911
service
area.
d.
Identification
of
the
agency
responsible
for
management
and
supervision
of
the
enhanced
911
emergency
communication
system.
e.
(1)
A
statement
of
estimated
costs
to
be
incurred
by
the
joint
E911
service
board
or
the
department
of
public
safety,
including
separate
estimates
of
the
following:
(a)
Nonrecurring
costs,
including
,
but
not
limited
to
,
public
safety
answering
points,
network
equipment,
software,
database,
addressing,
initial
training,
and
other
capital
and
start-up
expenditures,
including
the
purchase
or
lease
of
subscriber
names,
addresses,
and
telephone
information
from
the
local
exchange
service
provider.
(b)
Recurring
costs,
including
,
but
not
limited
to
,
network
access
fees
and
other
telephone
charges,
software,
equipment,
and
database
management,
and
maintenance,
including
Senate
File
2332,
p.
3
the
purchase
or
lease
of
subscriber
names,
addresses,
and
telephone
information
from
the
local
exchange
service
provider.
Recurring
costs
shall
not
include
personnel
costs
for
a
public
safety
answering
point.
(2)
Funds
deposited
in
an
E911
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
provision
receipt
and
disposition
of
the
911
emergency
telephone
communication
service
and
may
include
costs
for
portable
and
vehicle
radios,
communication
towers
and
associated
equipment,
and
other
radios
and
associated
equipment
permanently
located
at
the
public
safety
answering
point
and
as
directed
by
either
the
joint
E911
service
board
or
the
department
of
public
safety
call
.
Costs
do
not
include
expenditures
for
any
other
purpose,
and
specifically
exclude
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.
f.
Current
equipment
operated
by
affected
local
exchange
service
providers,
and
central
office
equipment
and
technology
upgrades
necessary
for
the
provider
to
implement
enhanced
911
service
within
the
enhanced
911
service
area.
g.
A
schedule
for
implementation
of
the
plan
throughout
the
E911
service
area.
The
schedule
may
provide
for
phased
implementation.
h.
The
number
of
telephone
access
lines
capable
of
access
to
911
in
the
enhanced
911
service
area.
i.
The
total
property
valuation
in
the
enhanced
911
service
area.
j.
A
plan
to
migrate
to
an
internet
protocol-enabled
next
generation
network.
8.
10.
“Local
exchange
carrier”
means
the
same
as
defined
in
section
476.96
.
9.
11.
“Local
exchange
service
provider”
means
a
vendor
engaged
in
providing
telecommunications
service
between
points
within
an
exchange
and
includes
but
is
not
limited
to
a
competitive
local
exchange
service
provider
and
a
local
exchange
carrier.
12.
“Prepaid
wireless
telecommunications
service”
means
a
wireless
communications
service
that
provides
the
right
to
utilize
mobile
wireless
service
as
well
as
other
nontelecommunications
services,
including
the
download
Senate
File
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p.
4
of
digital
products
delivered
electronically,
content
and
ancillary
services,
which
must
be
paid
for
in
advance
and
that
is
sold
in
predetermined
units
or
dollars
of
which
the
amount
declines
with
use
in
a
known
amount.
10.
13.
“Program
manager”
means
the
E911
program
manager
appointed
pursuant
to
section
34A.2A
.
11.
14.
“Provider”
means
a
vendor
who
provides,
or
offers
to
provide,
E911
equipment,
installation,
maintenance,
or
exchange
access
services
within
the
enhanced
911
service
area.
12.
15.
“Public
or
private
safety
agency”
means
a
unit
of
state
or
local
government,
a
special
purpose
district,
or
a
private
firm
which
provides
or
has
the
authority
to
provide
fire
fighting,
police,
ambulance,
emergency
medical
services,
or
hazardous
materials
response.
13.
16.
“Public
safety
answering
point”
means
a
twenty-four-hour
public
safety
communications
facility
that
receives
enhanced
911
service
calls
and
directly
dispatches
emergency
response
services
or
relays
calls
to
the
appropriate
public
or
private
safety
agency.
17.
“Wireless
communications
service”
means
commercial
mobile
radio
service.
“Wireless
communications
service”
includes
any
wireless
two-way
communications
used
in
cellular
telephone
service,
personal
communications
service,
or
the
functional
or
competitive
equivalent
of
a
radio-telephone
communications
line
used
in
cellular
telephone
service,
a
personal
communications
service,
or
a
network
access
line.
“Wireless
communications
service”
does
not
include
a
service
whose
customers
do
not
have
access
to
911
or
911-like
service,
a
communications
channel
utilized
only
for
data
transmission,
or
a
private
telecommunications
system.
18.
“Wireless
communications
service
provider”
means
a
company
that
offers
wireless
communications
service
to
users
of
wireless
devices
including
but
not
limited
to
cellular,
personal
communications
services,
mobile
satellite
services,
and
enhanced
specialized
mobile
radio.
14.
19.
“Wireless
E911
phase
1”
means
a
911
call
made
from
a
wireless
device
in
which
the
wireless
service
provider
delivers
the
call-back
number
and
address
of
the
tower
that
received
the
call
to
the
appropriate
public
safety
answering
point.
15.
20.
“Wireless
E911
phase
2”
means
a
911
call
made
from
a
wireless
device
in
which
the
wireless
service
provider
delivers
the
call-back
number
and
the
latitude
and
longitude
Senate
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p.
5
coordinates
of
the
wireless
device
to
the
appropriate
public
safety
answering
point.
16.
21.
“Wire-line
E911
service
surcharge”
is
means
a
charge
set
by
the
E911
service
area
operating
authority
and
assessed
on
each
wire-line
access
line
which
physically
terminates
within
the
E911
service
area
in
accordance
with
section
34A.7
.
Sec.
2.
Section
34A.3,
subsection
4,
Code
2011,
is
amended
to
read
as
follows:
4.
Participation
in
joint
E911
service
board
required.
A
political
subdivision
or
state
agency
having
a
public
safety
agency
within
its
territory
or
jurisdiction
shall
participate
in
a
joint
E911
service
board
and
cooperate
in
maintaining
the
E911
service
plan.
Sec.
3.
Section
34A.6,
subsection
1,
Code
2011,
is
amended
to
read
as
follows:
1.
Before
a
joint
E911
service
board
may
request
imposition
of
the
wire-line
surcharge
by
the
program
manager,
the
board
shall
submit
the
following
question
to
voters,
as
provided
in
subsection
2
,
in
the
proposed
E911
service
area,
and
the
question
shall
receive
a
favorable
vote
from
a
simple
majority
of
persons
submitting
valid
ballots
on
the
following
question
within
the
proposed
E911
service
area:
Shall
the
following
public
measure
be
adopted?
YES
...
NO
...
Enhanced
911
emergency
telephone
service
shall
be
funded,
in
whole
or
in
part,
by
a
monthly
surcharge
of
(an
amount
determined
by
the
local
joint
E911
service
board
of
up
to
one
dollar)
on
each
telephone
access
line
collected
as
part
of
each
telephone
subscriber’s
monthly
phone
bill
if
provided
within
(description
of
the
proposed
E911
service
area).
Sec.
4.
Section
34A.6A,
Code
2011,
is
amended
to
read
as
follows:
34A.6A
Alternative
surcharge.
1.
Notwithstanding
section
34A.6
,
the
board
may
request
imposition
of
a
an
alternative
surcharge
in
an
amount
up
to
two
dollars
and
fifty
cents
per
month
on
each
telephone
access
line.
The
board
shall
submit
the
question
of
the
alternative
surcharge
to
voters
in
the
same
manner
as
provided
in
section
34A.6
.
Not
less
than
sixty
days
before
the
date
of
the
referendum,
the
board
shall
notify
all
local
exchange
service
providers
in
the
county
or
counties
comprising
the
E911
service
area
that
a
referendum
on
an
alternative
Senate
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p.
6
surcharge
will
be
held.
Not
less
than
thirty
days
before
the
date
of
the
referendum,
the
board
shall
publish
in
a
newspaper
of
general
circulation
in
the
county
or
counties
comprising
the
E911
service
area
a
statement
of
estimated
costs
as
described
in
section
34A.2,
subsection
9,
paragraph
“e”
,
subparagraph
(1),
and
justification
of
the
need
for
the
additional
revenue.
If
approved,
the
alternative
surcharge
may
be
collected
for
a
period
of
twenty-four
months.
At
the
end
of
the
twenty-four-month
period,
the
rate
of
the
surcharge
shall
revert
to
one
dollar
per
month,
per
access
line.
2.
Notwithstanding
subsection
1,
a
temporary
moratorium
shall
be
applicable
to
a
new
surcharge
authorized
pursuant
to
this
section
until
one
hundred
and
fifty
days
after
submission
of
recommendations
by
the
E911
task
force
established
by
this
Act
to
the
general
assembly.
Sec.
5.
Section
34A.7,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
follows:
To
encourage
local
implementation
of
E911
service,
one
source
of
funding
for
E911
emergency
telephone
communication
systems
shall
come
from
a
surcharge
per
month,
per
access
line
on
each
access
line
subscriber,
except
as
provided
in
subsection
5
,
equal
to
the
lowest
amount
of
the
following:
Sec.
6.
Section
34A.7,
subsection
1,
paragraph
b,
subparagraph
(1),
Code
2011,
is
amended
to
read
as
follows:
(1)
The
program
manager
shall
notify
a
local
exchange
service
provider
scheduled
to
provide
exchange
access
line
service
to
an
E911
service
area
that
implementation
of
an
E911
service
plan
has
been
approved
by
the
joint
E911
service
board
and
by
the
service
area
referendum
and
that
collection
of
the
surcharge
is
to
begin
within
one
hundred
sixty
days.
Sec.
7.
Section
34A.7,
subsection
2,
paragraph
b,
Code
2011,
is
amended
to
read
as
follows:
b.
A
local
exchange
service
provider
is
not
liable
for
an
uncollected
surcharge
for
which
the
local
exchange
service
provider
has
billed
a
subscriber
but
not
been
paid.
The
surcharge
shall
appear
as
a
single
line
item
on
a
subscriber’s
periodic
billing
entitled,
“E911
emergency
telephone
communications
service
surcharge”.
Sec.
8.
Section
34A.7,
subsection
5,
paragraph
b,
subparagraph
(3),
Code
2011,
is
amended
to
read
as
follows:
(3)
If
money
remains
in
the
fund
after
fully
paying
obligations
under
subparagraphs
(1)
and
(2),
the
remainder
may
Senate
File
2332,
p.
7
be
accumulated
in
the
fund
as
a
carryover
operating
surplus.
If
the
surplus
is
greater
than
twenty-five
percent
of
the
approved
annual
operating
budget
for
the
next
year,
the
program
manager
shall
reduce
the
surcharge
by
an
amount
calculated
to
result
in
a
surplus
of
no
more
than
twenty-five
percent
of
the
planned
annual
operating
budget.
After
nonrecurring
costs
have
been
paid,
if
the
surcharge
is
less
than
the
maximum
allowed
and
the
fund
surplus
is
less
than
twenty-five
percent
of
the
approved
annual
operating
budget,
the
program
manager
shall,
upon
application
of
the
joint
E911
service
board,
increase
the
surcharge
in
an
amount
calculated
to
result
in
a
surplus
of
twenty-five
percent
of
the
approved
annual
operating
budget.
The
surcharge
may
only
be
adjusted
once
in
a
single
year,
upon
one
hundred
sixty
days’
prior
notice
to
the
provider.
Sec.
9.
Section
34A.7A,
Code
2011,
is
amended
to
read
as
follows:
34A.7A
Wireless
Emergency
communications
service
surcharge
——
fund
established
——
distribution
and
permissible
expenditures.
1.
a.
Notwithstanding
section
34A.6
,
the
administrator
shall
adopt
by
rule
a
monthly
surcharge
of
up
to
sixty-five
cents
to
be
imposed
on
each
wireless
communications
service
number
provided
in
this
state.
The
surcharge
shall
be
imposed
uniformly
on
a
statewide
basis
and
simultaneously
on
all
wireless
communications
service
numbers
as
provided
by
rule
of
the
administrator.
The
surcharge
shall
not
be
imposed
on
wire-line-based
communications
or
prepaid
wireless
telecommunications
service.
b.
The
program
manager
shall
provide
no
less
than
one
hundred
sixty
days’
notice
of
the
surcharge
to
be
imposed
to
each
wireless
communications
service
provider.
The
program
manager,
subject
to
the
sixty-five
cent
limit
in
paragraph
“a”
,
may
adjust
the
amount
of
the
surcharge
as
necessary,
but
no
more
than
once
in
any
calendar
year.
c.
(1)
The
surcharge
shall
be
collected
as
part
of
the
wireless
communications
service
provider’s
periodic
billing
to
a
subscriber.
The
surcharge
shall
appear
as
a
single
line
item
on
a
subscriber’s
periodic
billing
indicating
that
the
surcharge
is
for
E911
emergency
telephone
communications
service.
In
the
case
of
prepaid
wireless
telephone
service,
this
surcharge
shall
be
remitted
based
upon
the
address
associated
with
the
point
of
purchase,
the
customer
billing
address,
or
the
location
associated
with
the
mobile
telephone
number
for
each
active
prepaid
wireless
telephone
that
has
Senate
File
2332,
p.
8
a
sufficient
positive
balance
as
of
the
last
days
of
the
information,
if
that
information
is
available.
(2)
In
compensation
for
the
costs
of
billing
and
collection,
the
wireless
communications
service
provider
may
retain
one
percent
of
the
gross
surcharges
collected.
(3)
The
surcharges
shall
be
remitted
quarterly
by
the
wireless
communications
service
provider
to
the
program
manager
for
deposit
into
the
fund
established
in
subsection
2
.
(4)
A
wireless
communications
service
provider
is
not
liable
for
an
uncollected
surcharge
for
which
the
wireless
communications
service
provider
has
billed
a
subscriber
but
which
has
not
been
paid.
2.
Moneys
collected
pursuant
to
subsection
1
and
section
34A.7B,
subsection
2,
shall
be
deposited
in
a
separate
wireless
E911
emergency
communications
fund
within
the
state
treasury
under
the
control
of
the
program
manager.
Section
8.33
shall
not
apply
to
moneys
in
the
fund.
Moneys
earned
as
income,
including
as
interest,
from
the
fund
shall
remain
in
the
fund
until
expended
as
provided
in
this
section
.
Moneys
in
the
fund
shall
be
expended
and
distributed
in
the
following
priority
order:
a.
An
amount
as
appropriated
by
the
general
assembly
to
the
administrator
shall
be
allocated
to
the
administrator
and
program
manager
for
implementation,
support,
and
maintenance
of
the
functions
of
the
administrator
and
program
manager
and
to
employ
the
auditor
of
state
to
perform
an
annual
audit
of
the
wireless
E911
emergency
communications
fund.
b.
The
program
manager
shall
allocate
twenty-one
percent
of
the
total
amount
of
surcharge
generated
to
wireless
carriers
to
recover
their
costs
to
deliver
E911
phase
1
services.
If
the
allocation
in
this
paragraph
is
insufficient
to
reimburse
all
wireless
carriers
for
such
carrier’s
eligible
expenses,
the
program
manager
shall
allocate
a
prorated
amount
to
each
wireless
carrier
equal
to
the
percentage
of
such
carrier’s
eligible
expenses
as
compared
to
the
total
of
all
eligible
expenses
for
all
wireless
carriers
for
the
calendar
quarter
during
which
such
expenses
were
submitted.
When
prorated
expenses
are
paid,
the
remaining
unpaid
expenses
shall
no
longer
be
eligible
for
payment
under
this
paragraph.
c.
b.
The
program
manager
shall
reimburse
wire-line
carriers
communication
service
providers
on
a
calendar
quarter
basis
for
carriers’
eligible
expenses
for
transport
costs
between
the
selective
router
and
the
public
safety
answering
Senate
File
2332,
p.
9
points
related
to
the
delivery
of
wireless
E911
phase
1
services.
d.
c.
The
program
manager
shall
reimburse
wire-line
carriers
and
third-party
E911
automatic
location
information
database
providers
on
a
calendar
quarterly
basis
for
the
costs
of
maintaining
and
upgrading
the
E911
components
and
functionalities
beyond
the
input
to
the
E911
selective
router,
including
the
E911
selective
router
and
the
automatic
location
information
database.
e.
The
program
manager
shall
apply
an
amount
up
to
five
hundred
thousand
dollars
per
calendar
quarter
to
any
outstanding
wireless
E911
phase
1
obligations
incurred
pursuant
to
this
chapter
prior
to
July
1,
2004.
f.
d.
(1)
The
program
manager
shall
allocate
an
amount
up
to
one
hundred
fifty-nine
thousand
dollars
per
calendar
quarter
equally
to
the
joint
E911
service
boards
and
the
department
of
public
safety
that
have
submitted
an
annual
written
request
to
the
program
manager
in
a
form
approved
by
the
program
manager
by
May
15
of
each
year.
The
program
manager
shall
allocate
to
each
joint
E911
service
board
and
to
the
department
of
public
safety
a
minimum
of
one
thousand
dollars
per
calendar
quarter
for
each
public
safety
answering
point
within
the
service
area
of
the
department
of
public
safety
or
joint
E911
service
board
that
has
submitted
an
annual
written
request
to
the
program
manager
in
a
form
approved
by
the
program
manager
by
May
15
of
each
year
.
(2)
Upon
retirement
of
outstanding
obligations
referred
to
in
paragraph
“e”
,
the
The
amount
allocated
under
this
paragraph
“f”
“d”
shall
be
twenty-five
forty-six
percent
of
the
total
amount
of
surcharge
generated
per
calendar
quarter
allocated
as
follows:
(a)
Sixty-five
percent
of
the
total
dollars
available
for
allocation
shall
be
allocated
in
proportion
to
the
square
miles
of
the
service
area
to
the
total
square
miles
in
this
state.
(b)
Thirty-five
percent
of
the
total
dollars
available
for
allocation
shall
be
allocated
in
proportion
to
the
wireless
E911
calls
taken
at
the
public
safety
answering
point
in
the
service
area
to
the
total
number
of
wireless
E911
calls
originating
in
this
state.
(c)
Notwithstanding
subparagraph
divisions
(a)
and
(b),
the
minimum
amount
allocated
to
each
joint
E911
service
board
and
to
the
department
of
public
safety
shall
be
no
less
than
one
thousand
dollars
for
each
public
safety
answering
point
within
Senate
File
2332,
p.
10
the
service
area
of
the
department
of
public
safety
or
joint
E911
service
board.
(3)
The
funds
allocated
in
this
paragraph
“f”
“d”
shall
be
used
for
communication
equipment
located
inside
utilized
by
the
public
safety
answering
points
for
the
implementation
and
maintenance
of
wireless
E911
phase
2
services
.
The
joint
E911
service
boards
and
the
department
of
public
safety
shall
provide
an
estimate
of
phase
2
implementation
costs
to
the
program
manager
by
January
1,
2005.
g.
e.
If
moneys
remain
in
the
fund
after
fully
paying
all
obligations
under
paragraphs
“a”
through
“f”
“d”
,
the
remainder
may
be
accumulated
in
the
fund
as
a
carryover
operating
surplus.
This
surplus
shall
be
used
to
fund
future
phase
2
network
and
public
safety
answering
point
improvements
,
including
hardware
and
software
for
an
internet
protocol-enabled
next
generation
network,
and
wireless
carriers’
transport
costs
related
to
wireless
E911
services,
if
those
costs
are
not
otherwise
recovered
by
wireless
carriers
through
customer
billing
or
other
sources
and
approved
by
the
program
manager.
Notwithstanding
section
8.33
,
any
moneys
remaining
in
the
fund
at
the
end
of
each
fiscal
year
shall
not
revert
to
the
general
fund
of
the
state
but
shall
remain
available
for
the
purposes
of
the
fund.
h.
f.
The
administrator,
in
consultation
with
the
program
manager
and
the
E911
communications
council,
shall
adopt
rules
pursuant
to
chapter
17A
governing
the
distribution
of
the
surcharge
collected
and
distributed
pursuant
to
this
subsection
.
The
rules
shall
include
provisions
that
all
joint
E911
service
boards
and
the
department
of
public
safety
which
answer
or
service
wireless
E911
calls
are
eligible
to
receive
an
equitable
portion
of
the
receipts.
3.
a.
The
program
manager
shall
submit
an
annual
report
by
January
15
of
each
year
to
the
general
assembly’s
standing
committees
on
government
oversight
advising
the
general
assembly
of
the
status
of
E911
implementation
and
operations,
including
both
wire-line
and
wireless
services,
the
distribution
of
surcharge
receipts,
and
an
accounting
of
the
revenues
and
expenses
of
the
E911
program.
b.
The
program
manager
shall
submit
a
calendar
quarter
report
of
the
revenues
and
expenses
of
the
E911
program
to
the
fiscal
services
division
of
the
legislative
services
agency.
c.
The
general
assembly’s
standing
committees
on
government
oversight
shall
review
the
priorities
of
distribution
of
funds
Senate
File
2332,
p.
11
under
this
chapter
at
least
every
two
years.
4.
The
amount
collected
from
a
wireless
communications
service
provider
and
deposited
in
the
fund,
pursuant
to
section
22.7,
subsection
6
,
information
provided
by
a
wireless
communications
service
provider
to
the
program
manager
consisting
of
trade
secrets,
pursuant
to
section
22.7,
subsection
3
,
and
other
financial
or
commercial
operations
information
provided
by
a
wireless
communications
service
provider
to
the
program
manager,
shall
be
kept
confidential
as
provided
under
section
22.7
.
This
subsection
does
not
prohibit
the
inclusion
of
information
in
any
report
providing
aggregate
amounts
and
information
which
does
not
identify
numbers
of
accounts
or
customers,
revenues,
or
expenses
attributable
to
an
individual
wireless
communications
service
provider.
5.
For
purposes
of
this
section
,
“wireless
communications
service”
means
commercial
mobile
radio
service,
as
defined
under
sections
3(27)
and
332(d)
of
the
federal
Telecommunications
Act
of
1996,
47
U.S.C.
§
151
et
seq.;
federal
communications
commission
rules;
and
the
Omnibus
Budget
Reconciliation
Act
of
1993.
“Wireless
communications
service”
includes
any
wireless
two-way
communications
used
in
cellular
telephone
service,
personal
communications
service,
or
the
functional
or
competitive
equivalent
of
a
radio-telephone
communications
line
used
in
cellular
telephone
service,
a
personal
communications
service,
or
a
network
access
line.
“Wireless
communications
service”
does
not
include
services
whose
customers
do
not
have
access
to
911
or
a
911-like
service,
a
communications
channel
utilized
only
for
data
transmission,
or
a
private
telecommunications
system.
Sec.
10.
NEW
SECTION
.
34A.7B
Prepaid
wireless
E911
surcharge.
1.
As
used
in
this
section,
unless
the
context
otherwise
requires:
a.
“Consumer”
means
a
person
who
purchases
prepaid
wireless
telecommunications
service
in
a
retail
transaction.
b.
“Department”
means
the
department
of
revenue.
c.
“Prepaid
wireless
E911
surcharge”
means
the
surcharge
that
is
required
to
be
collected
by
a
seller
from
a
consumer
in
the
amount
established
under
this
section.
d.
“Provider”
means
a
person
who
provides
prepaid
wireless
telecommunications
service
pursuant
to
a
license
issued
by
the
federal
communications
commission.
e.
“Retail
transaction”
means
the
purchase
of
prepaid
Senate
File
2332,
p.
12
wireless
telecommunications
service
from
a
seller
for
any
purpose
other
than
resale.
f.
“Seller”
means
a
person
who
sells
prepaid
wireless
telecommunications
service
to
another
person.
2.
There
is
imposed
a
prepaid
wireless
E911
surcharge
of
thirty-three
cents
on
each
retail
transaction
or,
on
or
after
the
determination
of
an
adjusted
rate
as
determined
pursuant
to
subsection
7,
the
adjusted
rate.
3.
The
prepaid
wireless
E911
surcharge
shall
be
collected
by
the
seller
from
the
consumer
with
respect
to
each
retail
transaction
occurring
in
this
state.
The
amount
of
the
prepaid
wireless
E911
surcharge
shall
be
either
separately
stated
on
an
invoice,
receipt,
or
other
similar
document
that
is
provided
to
the
consumer
by
the
seller,
or
otherwise
disclosed
to
the
consumer.
4.
For
purposes
of
subsection
3,
a
retail
transaction
that
is
effected
in
person
by
a
consumer
at
a
business
location
of
the
seller
shall
be
treated
as
occurring
in
this
state
if
that
business
location
is
in
this
state,
and
any
other
retail
transaction
shall
be
treated
as
occurring
in
this
state
if
the
retail
transaction
is
treated
as
occurring
in
this
state
for
purposes
of
section
423.20
as
that
section
applies
to
sourcing
of
a
prepaid
wireless
calling
service.
5.
The
prepaid
wireless
E911
surcharge
is
the
liability
of
the
consumer
and
not
of
the
seller
or
of
any
provider,
except
that
the
seller
shall
be
liable
to
remit
all
prepaid
wireless
E911
surcharges
that
the
seller
collects
from
consumers
as
provided
in
subsection
3,
including
all
such
surcharges
that
the
seller
is
deemed
to
collect
where
the
amount
of
the
surcharge
has
not
been
separately
stated
on
an
invoice,
receipt,
or
other
similar
document
provided
to
the
consumer
by
the
seller.
6.
The
amount
of
the
prepaid
wireless
E911
surcharge
that
is
collected
by
a
seller
from
a
consumer,
if
such
amount
is
separately
stated
on
an
invoice,
receipt,
or
other
similar
document
provided
to
the
consumer
by
the
seller,
shall
not
be
included
in
the
base
for
measuring
any
tax,
fee,
other
surcharge,
or
other
charge
that
is
imposed
by
this
state,
any
political
subdivision
of
this
state,
or
any
intergovernmental
agency.
7.
The
prepaid
wireless
E911
surcharge
shall
be
increased
or
reduced,
as
applicable,
in
an
amount
proportionate
to
any
change
to
the
surcharge
imposed
under
section
34A.7A,
Senate
File
2332,
p.
13
subsection
1.
The
proportional
increase
or
reduction
shall
be
effective
on
the
first
day
of
the
calendar
month
after
the
effective
date
of
the
change
to
the
surcharge
imposed
under
section
34A.7A,
subsection
1.
The
department
shall
provide
not
less
than
thirty
days’
advance
notice
of
such
increase
or
reduction
on
the
department’s
internet
site.
8.
If
a
minimal
amount
of
prepaid
wireless
telecommunications
service
is
sold
with
a
prepaid
wireless
device
for
a
single,
nonitemized
price,
the
seller
may
elect
not
to
apply
the
prepaid
wireless
E911
surcharge
to
the
retail
transaction.
For
purposes
of
this
subsection,
an
amount
of
service
denominated
as
ten
minutes
or
less,
or
five
dollars
or
less,
shall
be
regarded
as
a
minimal
amount
of
service.
9.
Prepaid
wireless
E911
surcharges
collected
by
sellers
shall
be
remitted
to
the
department
at
the
times
and
in
the
manner
provided
by
chapter
423
with
respect
to
the
sales
and
use
tax.
The
department
shall
establish
registration
and
payment
procedures
that
substantially
coincide
with
the
registration
and
payment
procedures
that
apply
to
sellers
under
chapter
423.
10.
A
seller
may
deduct
and
retain
three
percent
of
prepaid
wireless
E911
surcharges
that
are
collected
by
the
seller
from
consumers.
11.
The
audit
and
appeal
procedures
applicable
under
chapter
423
shall
apply
to
prepaid
wireless
E911
surcharges.
12.
The
department
shall
establish
procedures
by
which
a
seller
of
prepaid
wireless
telecommunications
service
may
document
that
a
sale
is
not
a
retail
transaction,
which
procedures
shall
substantially
coincide
with
the
procedures
for
documenting
sale
for
resale
transactions
under
chapter
423.
13.
The
department
shall
transfer
all
remitted
prepaid
wireless
E911
surcharges
to
the
treasurer
of
state
for
deposit
in
the
E911
emergency
communications
fund
created
under
section
34A.7A,
subsection
2,
within
thirty
days
of
receipt
after
deducting
an
amount,
not
to
exceed
two
percent
of
collected
surcharges,
that
shall
be
retained
by
the
department
to
reimburse
its
direct
costs
of
administering
the
collection
and
remittance
of
prepaid
wireless
E911
surcharges.
14.
The
limitation
of
actions
provisions
under
section
34A.7,
subsection
6,
shall
apply
to
providers
and
sellers
of
prepaid
wireless
telecommunications
service.
In
addition,
a
provider
or
seller
of
prepaid
wireless
telecommunications
service
shall
not
be
liable
for
damages
to
any
person
resulting
Senate
File
2332,
p.
14
from
or
incurred
in
connection
with
the
provision
of
any
lawful
assistance
to
any
investigative
or
law
enforcement
officer
of
the
United
States,
this
or
any
other
state,
or
any
political
subdivision
of
this
or
any
other
state,
in
connection
with
any
lawful
investigation
or
other
law
enforcement
activity
by
such
investigative
or
law
enforcement
officer.
15.
The
prepaid
wireless
E911
surcharge
imposed
pursuant
to
this
section
shall
be
the
only
E911
funding
obligation
imposed
with
respect
to
prepaid
wireless
telecommunications
service
in
this
state,
and
no
tax,
fee,
surcharge,
or
other
charge
shall
be
imposed
by
this
state,
any
political
subdivision
of
this
state,
or
any
intergovernmental
agency,
for
E911
funding
purposes,
upon
any
provider,
seller,
or
consumer
with
respect
to
the
sale,
purchase,
use,
or
provision
of
prepaid
wireless
telecommunications
service.
Sec.
11.
Section
34A.15,
subsection
1,
paragraph
c,
Code
Supplement
2011,
is
amended
to
read
as
follows:
c.
One
person
appointed
by
the
Iowa
association
of
chiefs
of
police
and
peace
officers
association
.
Sec.
12.
E911
TASK
FORCE.
1.
The
homeland
security
and
emergency
management
division
of
the
department
of
public
defense
shall
convene
a
task
force
of
stakeholders
to
consider
and
offer
recommendations
regarding
needed
upgrades
and
enhancements
to
the
state’s
E911
programs.
Stakeholders
shall
include
public
safety
and
emergency
management
representatives,
local
public
safety
answering
point
personnel,
telecommunications
service
providers,
and
state
agencies
that
are
directly
involved
in
administering
and
providing
E911
services
in
this
state.
Aspects
of
E911
service
delivery
for
consideration
by
the
task
force
shall
include
but
not
be
limited
to
the
following:
a.
Enhanced
technology
needs
of
local
E911
public
safety
answering
points
to
ensure
timely,
quality
emergency
response
services.
b.
Identification
of
new
wireless
technologies
used
in
E911
service
delivery.
c.
Funding
needs
to
meet
state
and
federal
emergency
communications
technology
mandates.
d.
Potential
wireless
and
wire-line
surcharge
adjustments
to
meet
E911
service
delivery
demands,
including
specific
recommendations
on
surcharge
equalization
and
on
the
distribution
formula
of
surcharge
revenues.
e.
Local
and
state
E911
administration
and
governance.
Senate
File
2332,
p.
15
2.
The
task
force
shall
submit
a
report
containing
recommendations
to
the
general
assembly
by
December
1,
2012.
Sec.
13.
EFFECTIVE
DATE.
The
section
of
this
Act
enacting
section
34A.7B
takes
effect
January
1,
2013.
Sec.
14.
APPLICABILITY.
The
section
of
this
Act
enacting
section
34A.7B
applies
to
retail
sales
of
prepaid
wireless
telecommunications
service
on
or
after
January
1,
2013.
______________________________
JOHN
P.
KIBBIE
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2332,
Eighty-fourth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2012
______________________________
TERRY
E.
BRANSTAD
Governor