Bill Text: IA SSB3145 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to the distribution and permissible expenditures of the emergency communications service surcharge and the name of the surcharge fund.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-17 - Voted - State Government. [SSB3145 Detail]
Download: Iowa-2015-SSB3145-Introduced.html
Senate
Study
Bill
3145
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
DANIELSON)
A
BILL
FOR
An
Act
relating
to
the
distribution
and
permissible
1
expenditures
of
the
emergency
communications
service
2
surcharge
and
the
name
of
the
surcharge
fund.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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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
to
be
known
as
the
Tom
Hancock
5
emergency
communications
service
surcharge
memorial
fund
within
6
the
state
treasury
under
the
control
of
the
program
manager.
7
Section
8.33
shall
not
apply
to
moneys
in
the
fund.
Moneys
8
earned
as
income,
including
as
interest,
from
the
fund
shall
9
remain
in
the
fund
until
expended
as
provided
in
this
section
.
10
Moneys
in
the
fund
shall
be
expended
and
distributed
in
the
11
following
priority
order:
12
a.
An
amount
as
appropriated
by
the
general
assembly
to
the
13
director
shall
be
allocated
to
the
director
and
program
manager
14
for
implementation,
support,
and
maintenance
of
the
functions
15
of
the
director
and
program
manager
and
to
employ
the
auditor
16
of
state
to
perform
an
annual
audit
of
the
E911
emergency
17
communications
fund.
18
b.
(1)
The
program
manager
shall
allocate
to
each
joint
19
E911
service
board
and
to
the
department
of
public
safety
a
20
minimum
of
one
thousand
dollars
per
calendar
quarter
for
each
21
public
safety
answering
point
within
the
service
area
of
the
22
department
of
public
safety
or
joint
E911
service
board
that
23
has
submitted
an
annual
written
request
to
the
program
manager
24
in
a
form
approved
by
the
program
manager
by
May
15
of
each
25
year.
26
(2)
The
amount
allocated
under
this
paragraph
“b”
shall
be
27
sixty
percent
of
the
total
amount
of
surcharge
generated
per
28
calendar
quarter
allocated
as
follows:
29
(a)
Sixty-five
percent
of
the
total
dollars
available
for
30
allocation
shall
be
allocated
in
proportion
to
the
square
miles
31
of
the
service
area
to
the
total
square
miles
in
this
state.
32
(b)
Thirty-five
percent
of
the
total
dollars
available
for
33
allocation
shall
be
allocated
in
proportion
to
the
wireless
34
E911
calls
taken
at
the
public
safety
answering
point
in
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the
service
area
to
the
total
number
of
wireless
E911
calls
1
originating
in
this
state.
2
(c)
Notwithstanding
subparagraph
divisions
(a)
and
(b),
the
3
minimum
amount
allocated
to
each
joint
E911
service
board
and
4
to
the
department
of
public
safety
shall
be
no
less
than
one
5
thousand
dollars
for
each
public
safety
answering
point
within
6
the
service
area
of
the
department
of
public
safety
or
joint
7
E911
service
board.
8
(3)
The
funds
allocated
in
this
paragraph
“b”
shall
be
used
9
for
emergency
communication
equipment
utilized
by
the
public
10
safety
answering
points
for
the
implementation
and
maintenance
11
of
E911
services.
12
b.
c.
From
July
1,
2013,
until
June
30,
2026,
the
program
13
manager
shall
allocate
ten
percent
of
the
total
amount
of
14
surcharge
generated
to
wireless
carriers
to
recover
their
costs
15
to
deliver
E911
phase
1
services.
If
the
allocation
in
this
16
paragraph
is
insufficient
to
reimburse
all
wireless
carriers
17
for
such
carrier’s
eligible
expenses,
the
program
manager
18
shall
allocate
a
prorated
amount
to
each
wireless
carrier
19
equal
to
the
percentage
of
such
carrier’s
eligible
expenses
as
20
compared
to
the
total
of
all
eligible
expenses
for
all
wireless
21
carriers
for
the
calendar
quarter
during
which
such
expenses
22
were
submitted.
When
prorated
expenses
are
paid,
the
remaining
23
unpaid
expenses
shall
no
longer
be
eligible
for
payment
under
24
this
paragraph.
25
c.
d.
The
program
manager
shall
reimburse
communications
26
service
providers
on
a
calendar
quarter
basis
for
carriers’
27
eligible
expenses
for
transport
costs
between
the
selective
28
router
and
the
public
safety
answering
points
related
to
the
29
delivery
of
wireless
E911
phase
1
services.
30
d.
e.
The
program
manager
shall
reimburse
wire-line
31
carriers
and
third-party
E911
automatic
location
information
32
database
providers
on
a
calendar
quarterly
basis
for
the
33
costs
of
maintaining
and
upgrading
the
E911
components
and
34
functionalities
beyond
the
input
to
the
E911
selective
router,
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including
the
E911
selective
router
and
the
automatic
location
1
information
database.
2
e.
(1)
The
program
manager
shall
allocate
to
each
joint
3
E911
service
board
and
to
the
department
of
public
safety
a
4
minimum
of
one
thousand
dollars
per
calendar
quarter
for
each
5
public
safety
answering
point
within
the
service
area
of
the
6
department
of
public
safety
or
joint
E911
service
board
that
7
has
submitted
an
annual
written
request
to
the
program
manager
8
in
a
form
approved
by
the
program
manager
by
May
15
of
each
9
year.
10
(2)
The
amount
allocated
under
this
paragraph
“e”
shall
be
11
forty-six
percent
of
the
total
amount
of
surcharge
generated
12
per
calendar
quarter
allocated
as
follows:
13
(a)
Sixty-five
percent
of
the
total
dollars
available
for
14
allocation
shall
be
allocated
in
proportion
to
the
square
miles
15
of
the
service
area
to
the
total
square
miles
in
this
state.
16
(b)
Thirty-five
percent
of
the
total
dollars
available
for
17
allocation
shall
be
allocated
in
proportion
to
the
wireless
18
E911
calls
taken
at
the
public
safety
answering
point
in
19
the
service
area
to
the
total
number
of
wireless
E911
calls
20
originating
in
this
state.
21
(c)
Notwithstanding
subparagraph
divisions
(a)
and
(b),
the
22
minimum
amount
allocated
to
each
joint
E911
service
board
and
23
to
the
department
of
public
safety
shall
be
no
less
than
one
24
thousand
dollars
for
each
public
safety
answering
point
within
25
the
service
area
of
the
department
of
public
safety
or
joint
26
E911
service
board.
27
(3)
The
funds
allocated
in
this
paragraph
“e”
shall
be
28
used
for
communication
equipment
utilized
by
the
public
safety
29
answering
points
for
the
implementation
and
maintenance
of
E911
30
services.
31
f.
(1)
If
moneys
remain
in
the
fund
after
fully
paying
32
all
obligations
under
paragraphs
“a”
,
“b”
,
“c”
,
“d”
,
and
“e”,
33
the
remainder
may
be
accumulated
in
the
fund
as
a
carryover
34
operating
surplus.
shall
be
expended
and
distributed
in
the
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following
priority
order:
1
(a)
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.
10
(b)
The
program
manager
shall
allocate
remaining
surplus
11
shall
be
used
moneys
equally
as
follows:
12
(i)
To
public
safety
answering
points
to
fund
future
network
13
and
public
safety
answering
point
improvements
and
for
the
14
receipt
and
disposition
of
911
calls,
including
hardware
and
15
software
for
an
internet
protocol-enabled
next
generation
16
network
,
and
wireless
.
17
(ii)
Costs
related
to
access
the
state’s
interoperable
18
communications
system.
19
(iii)
Costs
related
to
the
receipt
and
disposition
of
911
20
calls.
21
(iv)
Wireless
carriers’
transport
costs
related
to
wireless
22
E911
services,
if
those
costs
are
not
otherwise
recovered
by
23
wireless
carriers
through
customer
billing
or
other
sources
and
24
approved
by
the
program
manager
in
consultation
with
the
E911
25
communications
council.
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.
The
director,
in
consultation
with
the
program
manager
31
and
the
E911
communications
council,
shall
adopt
rules
pursuant
32
to
chapter
17A
governing
the
distribution
of
the
surcharge
33
collected
and
distributed
pursuant
to
this
subsection
.
The
34
rules
shall
include
provisions
that
all
joint
E911
service
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boards
and
the
department
of
public
safety
which
answer
1
or
service
wireless
E911
calls
are
eligible
to
receive
an
2
equitable
portion
of
the
receipts.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
the
distribution
and
permissible
7
expenditures
of
the
E911
emergency
communications
service
8
surcharge.
9
Under
current
Code
section
34A.7A,
a
monthly
surcharge
10
is
imposed
on
all
communications
service
providers
in
Iowa.
11
Moneys
collected
pursuant
to
the
surcharge
are
deposited
in
12
a
fund
and
are
distributed
by
the
E911
program
manager
in
a
13
priority
order
as
listed
in
Code
section
34A.7A(2),
paragraphs
14
“a”
through
“f”.
15
The
bill
establishes
a
higher
priority
of
funding
for
16
the
contents
of
Code
section
34A.7A(2),
paragraph
“e”,
which
17
relates
to
funding
to
be
provided
to
joint
E911
service
boards
18
and
to
the
department
of
public
safety
(DPS),
and
increases
the
19
amount
of
moneys
allocated
for
funding
under
this
paragraph
20
from
46
percent
to
60
percent
of
the
total
amount
of
surcharge
21
generated.
The
bill
also
specifies
that
the
funds
allocated
to
22
such
joint
E911
boards
and
to
DPS
shall
be
used
for
“emergency”
23
communication
equipment
to
receive
and
dispose
of
911
calls.
24
The
bill
amends
Code
section
34A.7A(2),
paragraph
“f”,
which
25
relates
to
the
distribution
of
any
moneys
remaining
after
26
fully
paying
all
prioritized
obligations
under
the
previous
27
paragraphs,
by
establishing
a
new
priority
order
for
the
28
expenditure
and
distribution
of
such
remaining
moneys.
First
29
in
this
priority
order
is
an
amount,
not
to
exceed
$100,000
per
30
year,
to
be
allocated
for
the
development
of
public
awareness
31
and
educational
programs
relating
to
the
use
and
maintenance
32
of
E911
systems
and
for
the
expenses
of
members
of
the
E911
33
communications
travel
for
meetings
and
training.
Second
in
34
this
priority
order
is
for
any
remaining
moneys
to
be
allocated
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equally
to
the
following:
public
safety
answering
points
to
1
fund
future
network
improvements;
costs
related
to
access
the
2
Iowa
interoperable
communications
system;
costs
related
to
the
3
receipt
and
disposition
of
911
calls;
and
wireless
carriers’
4
transport
costs
for
wireless
E911
services,
if
applicable.
5
The
bill
changes
the
name
of
the
E911
emergency
6
communications
fund
established
in
Code
section
34A.7A(2)
to
7
the
“Tom
Hancock
emergency
communications
service
surcharge
8
memorial
fund”.
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