Text: SSB3169            Text: SSB3171


Senate Study Bill 3170

SENATE FILE BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) A BILL FOR 1 An Act relating to enhanced 911 emergency communication 2 systems, including surcharges and the allocation of moneys 3 collected from such surcharges. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 6024SC (3) 84 rn/nh PAG LIN 1 1 Section 1. Section 34A.2, Code 2011, is amended to read as 1 2 follows: 1 3 34A.2 Definitions. 1 4 As used in this chapter, unless the context otherwise 1 5 requires: 1 6 1. "Access line" means an exchange access line that has the 1 7 ability to access dial tone and reach a public safety answering 1 8 point. 1 9 2. "Administrator" means the administrator of the homeland 1 10 security and emergency management division of the department 1 11 of public defense. 1 12 3. "Communications service" means a service capable 1 13 of accessing, connecting with, or interfacing with a 911 1 14 system by dialing, initializing, or otherwise activating 1 15 the system exclusively through the digits 911 by means of a 1 16 local telephone device, cellular telephone device, wireless 1 17 communications device, or alternative means to be designated by 1 18 the homeland security and emergency management division of the 1 19 department of public defense by rule. 1 20 4. "Communications service provider" means a service 1 21 provider, public or private, that transports information 1 22 electronically via landline, wireless, internet, cable, or 1 23 satellite. 1 24 3. 5. "Competitive local exchange service provider" means 1 25 the same as defined in section 476.96. 1 26 4. "Emergency 911 notification device" means a product 1 27 capable of accessing a public safety answering point through 1 28 the 911 system. 1 29 6. "Emergency communications service surcharge" means a 1 30 charge established by the program manager in accordance with 1 31 section 34A.7A. 1 32 5. 7. "Enhanced 911" or "E911" means a service that 1 33 provides the user of a communications service with the ability 1 34 to reach a public safety answering point by dialing using the 1 35 digits 911, and that has the following additional features: 2 1 a. Routes an incoming 911 call to the appropriate public 2 2 safety answering point. 2 3 b. Automatically provides voice, displays the name, address 2 4 or location, and telephone number of an incoming 911 call and 2 5 public safety agency servicing the location. 2 6 6. 8. "Enhanced 911 service area" means the geographic 2 7 area to be serviced, or currently serviced under an enhanced 2 8 911 service plan, provided that an enhanced 911 service area 2 9 must at minimum encompass one entire county. The enhanced 911 2 10 service area may encompass more than one county, and need not 2 11 be restricted to county boundaries. 2 12 7. 9. "Enhanced 911 service plan" means a plan that 2 13 includes the following information: 2 14 a. A description of the enhanced 911 service area. 2 15 b. A list of all public and private safety agencies within 2 16 the enhanced 911 service area. 2 17 c. The number of public safety answering points within the 2 18 enhanced 911 service area. 2 19 d. Identification of the agency responsible for management 2 20 and supervision of the enhanced 911 emergency communication 2 21 system. 2 22 e. (1) A statement of estimated costs to be incurred by the 2 23 joint E911 service board or the department of public safety, 2 24 including separate estimates of the following: 2 25 (a) Nonrecurring costs, including, but not limited to, 2 26 public safety answering points, network equipment, software, 2 27 database, addressing, initial training, and other capital and 2 28 start=up expenditures, including the purchase or lease of 2 29 subscriber names, addresses, and telephone information from the 2 30 local exchange service provider. 2 31 (b) Recurring costs, including, but not limited to, network 2 32 access fees and other telephone charges, software including 2 33 mass notification systems, equipment, and database management, 2 34 and maintenance, including the purchase or lease of subscriber 2 35 names, addresses, and telephone information from the local 3 1 exchange service provider. Recurring costs shall not include 3 2 personnel costs for a public safety answering point. 3 3 (2) Funds deposited in an E911 service fund are appropriated 3 4 and shall be used for the payment of costs that are limited 3 5 to nonrecurring and recurring costs directly attributable to 3 6 the provision receipt and disposition of the 911 emergency 3 7 telephone communication service call and may include costs 3 8 for portable and vehicle radios, communication towers 3 9 and associated equipment, and other radios and associated 3 10 equipment permanently located at the public safety answering 3 11 point and as directed by either the joint E911 service board 3 12 or the department of public safety. Costs do not include 3 13 expenditures for any other purpose, and specifically exclude 3 14 costs attributable to other emergency services or expenditures 3 15 for buildings or personnel, except for the costs of personnel 3 16 for database management and personnel directly associated with 3 17 addressing. 3 18 f. Current equipment operated by affected local exchange 3 19 service providers, and central office equipment and technology 3 20 upgrades necessary for the provider to implement enhanced 911 3 21 service within the enhanced 911 service area. 3 22 g. A schedule for implementation of the plan throughout 3 23 the E911 service area. The schedule may provide for phased 3 24 implementation. 3 25 h. The number of telephone access lines capable of access to 3 26 911 in the enhanced 911 service area. 3 27 i. The total property valuation in the enhanced 911 service 3 28 area. 3 29 8. 10. "Local exchange carrier" means the same as defined 3 30 in section 476.96. 3 31 9. 11. "Local exchange service provider" means a vendor 3 32 engaged in providing telecommunications service between 3 33 points within an exchange and includes but is not limited to 3 34 a competitive local exchange service provider and a local 3 35 exchange carrier. 4 1 10. 12. "Program manager" means the E911 program manager 4 2 appointed pursuant to section 34A.2A. 4 3 11. 13. "Provider" means a vendor who provides, or offers 4 4 to provide, E911 equipment, installation, maintenance, or 4 5 exchange access services within the enhanced 911 service area. 4 6 12. 14. "Public or private safety agency" means a unit of 4 7 state or local government, a special purpose district, or a 4 8 private firm which provides or has the authority to provide 4 9 fire fighting, police, ambulance, emergency medical services, 4 10 or hazardous materials response. 4 11 13. 15. "Public safety answering point" means a 4 12 twenty=four=hour public safety communications facility that 4 13 receives enhanced 911 service calls and directly dispatches 4 14 emergency response services or relays calls to the appropriate 4 15 public or private safety agency. 4 16 16. "Wireless communications service" means commercial 4 17 mobile radio service, as defined under sections 3(27) and 4 18 332(d) of the federal Telecommunications Act of 1996, 47 U.S.C. 4 19 { 151 et seq.; federal communications commission rules; and 4 20 the federal Omnibus Budget Reconciliation Act of 1993, Pub. 4 21 L. No. 103=66. "Wireless communications service" includes any 4 22 wireless two=way communications used in cellular telephone 4 23 service, personal communications service, or the functional or 4 24 competitive equivalent of a radio=telephone communications line 4 25 used in cellular telephone service, a personal communications 4 26 service, or a network access line. "Wireless communications 4 27 service" does not include a service whose customers do not 4 28 have access to 911 or 911=like service, a communications 4 29 channel utilized only for data transmission, or a private 4 30 telecommunications system. 4 31 17. "Wireless communications service provider" means a 4 32 company that offers wireless communications service to users 4 33 of wireless devices including but not limited to cellular, 4 34 personal communications services, mobile satellite services, 4 35 and enhanced specialized mobile radio. 5 1 14. 18. "Wireless E911 phase 1" means a 911 call made 5 2 from a wireless device in which the wireless service provider 5 3 delivers the call=back number and address of the tower that 5 4 received the call to the appropriate public safety answering 5 5 point. 5 6 15. 19. "Wireless E911 phase 2" means a 911 call made 5 7 from a wireless device in which the wireless service provider 5 8 delivers the call=back number and the latitude and longitude 5 9 coordinates of the wireless device to the appropriate public 5 10 safety answering point. 5 11 16. 20. "Wire=line E911 service surcharge" is means a charge 5 12 set by the E911 service area operating authority and assessed 5 13 on each wire=line access line which physically terminates 5 14 within the E911 service area in accordance with section 34A.7. 5 15 Sec. 2. Section 34A.3, subsection 4, Code 2011, is amended 5 16 to read as follows: 5 17 4. Participation in joint E911 service board required. A 5 18 political subdivision or state agency having a public safety 5 19 agency within its territory or jurisdiction shall participate 5 20 in a joint E911 service board and cooperate in maintaining the 5 21 E911 service plan. 5 22 Sec. 3. Section 34A.6, subsection 1, Code 2011, is amended 5 23 to read as follows: 5 24 1. Before a joint E911 service board may request imposition 5 25 of the wire=line surcharge by the program manager, the board 5 26 shall submit the following question to voters, as provided 5 27 in subsection 2, in the proposed E911 service area, and the 5 28 question shall receive a favorable vote from a simple majority 5 29 of persons submitting valid ballots on the following question 5 30 within the proposed E911 service area: 5 31 Shall the following public measure be adopted? 5 32 YES .. 5 33 NO .. 5 34 Enhanced 911 emergency telephone service shall be funded, 5 35 in whole or in part, by a monthly surcharge of (an amount 6 1 determined by the local joint E911 service board of up to one 6 2 dollar) on each telephone access line collected as part of each 6 3 telephone subscriber's monthly phone bill if provided within 6 4 (description of the proposed E911 service area). 6 5 Sec. 4. Section 34A.6A, Code 2011, is amended to read as 6 6 follows: 6 7 34A.6A Alternative surcharge. 6 8 Notwithstanding section 34A.6, the board may request 6 9 imposition of a wire=line surcharge in an amount up to two 6 10 dollars and fifty cents per month on each telephone access 6 11 line. The board shall submit the question of the surcharge 6 12 to voters in the same manner as provided in section 34A.6. 6 13 If approved, the surcharge may be collected for a period of 6 14 twenty=four months. At the end of the twenty=four=month 6 15 period, the rate of the surcharge shall revert to one dollar 6 16 per month, per access line. 6 17 Sec. 5. Section 34A.7, subsection 1, paragraph a, 6 18 unnumbered paragraph 1, Code 2011, is amended to read as 6 19 follows: 6 20 To encourage local implementation of E911 service, one 6 21 source of funding for E911 emergency telephone communication 6 22 systems shall come from a surcharge per month, per access 6 23 line on each access line subscriber, except as provided in 6 24 subsection 5, equal to the lowest amount of the following: 6 25 Sec. 6. Section 34A.7, subsection 2, paragraph b, Code 2011, 6 26 is amended to read as follows: 6 27 b. A local exchange service provider is not liable for an 6 28 uncollected surcharge for which the local exchange service 6 29 provider has billed a subscriber but not been paid. The 6 30 surcharge shall appear as a single line item on a subscriber's 6 31 periodic billing entitled, "E911 emergency telephone 6 32 communications service surcharge". 6 33 Sec. 7. Section 34A.7A, Code 2011, is amended to read as 6 34 follows: 6 35 34A.7A Wireless Emergency communications service surcharge ==== 7 1 fund established ==== distribution and permissible expenditures. 7 2 1. a. Notwithstanding section 34A.6, the administrator 7 3 shall adopt by rule a monthly surcharge of up to sixty=five 7 4 cents to be imposed on each wireless communications service 7 5 number provided in this state. The surcharge shall be imposed 7 6 uniformly on a statewide basis and simultaneously on all 7 7 wireless communications service numbers as provided by rule 7 8 of the administrator. The surcharge shall not be imposed on 7 9 wire=line=based communications. 7 10 b. The program manager shall provide no less than one 7 11 hundred days' notice of the surcharge to be imposed to each 7 12 wireless communications service provider. The program manager, 7 13 subject to the sixty=five cent limit in paragraph "a", may 7 14 adjust the amount of the surcharge as necessary, but no more 7 15 than once in any calendar year. 7 16 c. (1) The surcharge shall be collected as part of the 7 17 wireless communications service provider's periodic billing 7 18 to a subscriber. The surcharge shall appear as a single 7 19 line item on a subscriber's periodic billing indicating that 7 20 the surcharge is for E911 emergency telephone communications 7 21 service. In the case of a prepaid wireless telephone 7 22 communications service or device, this surcharge shall be 7 23 remitted based upon the address associated with the point 7 24 of purchase, the customer billing address, or the location 7 25 associated with the mobile telephone number device for each 7 26 active prepaid wireless telephone device that has a sufficient 7 27 positive balance as of the last days of the information, if 7 28 that information is available. 7 29 (2) In compensation for the costs of billing and collection, 7 30 the wireless communications service provider may retain one 7 31 percent of the gross surcharges collected. 7 32 (3) The surcharges shall be remitted quarterly by the 7 33 wireless communications service provider to the program manager 7 34 for deposit into the fund established in subsection 2. 7 35 (4) A wireless communications service provider is not 8 1 liable for an uncollected surcharge for which the wireless 8 2 communications service provider has billed a subscriber but 8 3 which has not been paid. 8 4 2. Moneys collected pursuant to subsection 1 shall be 8 5 deposited in a separate wireless E911 emergency communications 8 6 fund within the state treasury under the control of the program 8 7 manager. Section 8.33 shall not apply to moneys in the fund. 8 8 Moneys earned as income, including as interest, from the fund 8 9 shall remain in the fund until expended as provided in this 8 10 section. Moneys in the fund shall be expended and distributed 8 11 in the following priority order: 8 12 a. An amount as appropriated by the general assembly to 8 13 the administrator shall be allocated to the administrator and 8 14 program manager for implementation, support, and maintenance of 8 15 the functions of the administrator and program manager and to 8 16 employ the auditor of state to perform an annual audit of the 8 17 wireless E911 emergency communications fund. 8 18 b. The program manager shall allocate twenty=one percent of 8 19 the total amount of surcharge generated to wireless carriers 8 20 to recover their costs to deliver wireless E911 phase 1 8 21 services. If the allocation in this paragraph is insufficient 8 22 to reimburse all wireless carriers for such carrier's eligible 8 23 expenses, the program manager shall allocate a prorated amount 8 24 to each wireless carrier equal to the percentage of such 8 25 carrier's eligible expenses as compared to the total of all 8 26 eligible expenses for all wireless carriers for the calendar 8 27 quarter during which such expenses were submitted. When 8 28 prorated expenses are paid, the remaining unpaid expenses shall 8 29 no longer be eligible for payment under this paragraph. 8 30 c. The program manager shall reimburse wire=line carriers 8 31 communication service providers on a calendar quarter basis for 8 32 carriers' eligible expenses for transport costs between the 8 33 selective router and the public safety answering points related 8 34 to the delivery of wireless E911 phase 1 services. 8 35 d. The program manager shall reimburse wire=line 9 1 carriers and third=party E911 automatic location information 9 2 database providers on a calendar quarterly basis for the 9 3 costs of maintaining and upgrading the E911 components and 9 4 functionalities beyond the input to the E911 selective router, 9 5 including the E911 selective router and the automatic location 9 6 information database. 9 7 e. The program manager shall apply an amount up to 9 8 five hundred thousand dollars per calendar quarter to any 9 9 outstanding wireless E911 phase 1 obligations incurred pursuant 9 10 to this chapter prior to July 1, 2004. 9 11 f. e. (1) The program manager shall allocate an amount up 9 12 to one hundred fifty=nine thousand dollars per calendar quarter 9 13 equally to the joint E911 service boards and the department of 9 14 public safety that have submitted an annual written request to 9 15 the program manager in a form approved by the program manager 9 16 by May 15 of each year. The program manager shall allocate to 9 17 each joint E911 service board and to the department of public 9 18 safety a minimum of one thousand dollars per calendar quarter 9 19 for each public safety answering point within the service area 9 20 of the department of public safety or joint E911 service board 9 21 that has submitted an annual written request to the program 9 22 manager in a form approved by the program manager by May 15 of 9 23 each year. 9 24 (2) Upon retirement of outstanding obligations referred to 9 25 in paragraph "e", the The amount allocated under this paragraph 9 26 "f" "e" shall be twenty=five percent of the total amount of 9 27 surcharge generated per calendar quarter allocated as follows: 9 28 (a) Sixty=five percent of the total dollars available for 9 29 allocation shall be allocated in proportion to the square miles 9 30 of the service area to the total square miles in this state. 9 31 (b) Thirty=five percent of the total dollars available for 9 32 allocation shall be allocated in proportion to the wireless 9 33 E911 calls taken at the public safety answering point in 9 34 the service area to the total number of wireless E911 calls 9 35 originating in this state. 10 1 (c) Notwithstanding subparagraph divisions (a) and (b), the 10 2 minimum amount allocated to each joint E911 service board and 10 3 to the department of public safety shall be no less than one 10 4 thousand dollars for each public safety answering point within 10 5 the service area of the department of public safety or joint 10 6 E911 service board. 10 7 (3) The funds allocated in this paragraph "f" "e" shall 10 8 be used for communication equipment located inside the public 10 9 safety answering points for the implementation and maintenance 10 10 of wireless E911 phase 2 services. The joint E911 service 10 11 boards and the department of public safety shall provide an 10 12 estimate of phase 2 implementation costs to the program manager 10 13 by January 1, 2005. 10 14 g. f. If moneys remain in the fund after fully paying 10 15 all obligations under paragraphs "a" through "f" "e", the 10 16 remainder may be accumulated in the fund as a carryover 10 17 operating surplus. This surplus shall be used to fund 10 18 future phase 2 network and public safety answering point 10 19 improvements, including hardware and software for an internet 10 20 protocol=enabled next generation network, and wireless 10 21 carriers' transport costs related to wireless E911 services, if 10 22 those costs are not otherwise recovered by wireless carriers 10 23 through customer billing or other sources and approved by the 10 24 program manager. Notwithstanding section 8.33, any moneys 10 25 remaining in the fund at the end of each fiscal year shall 10 26 not revert to the general fund of the state but shall remain 10 27 available for the purposes of the fund. 10 28 h. g. The administrator, in consultation with the program 10 29 manager and the E911 communications council, shall adopt 10 30 rules pursuant to chapter 17A governing the distribution of 10 31 the surcharge collected and distributed pursuant to this 10 32 subsection. The rules shall include provisions that all joint 10 33 E911 service boards and the department of public safety which 10 34 answer or service wireless E911 calls are eligible to receive 10 35 an equitable portion of the receipts. 11 1 3. a. The program manager shall submit an annual 11 2 report by January 15 of each year to the general assembly's 11 3 standing committees on government oversight advising the 11 4 general assembly of the status of E911 implementation and 11 5 operations, including both wire=line and wireless services, the 11 6 distribution of surcharge receipts, and an accounting of the 11 7 revenues and expenses of the E911 program. 11 8 b. The program manager shall submit a calendar quarter 11 9 report of the revenues and expenses of the E911 program to the 11 10 fiscal services division of the legislative services agency. 11 11 c. The general assembly's standing committees on government 11 12 oversight shall review the priorities of distribution of funds 11 13 under this chapter at least every two years. 11 14 4. The amount collected from a wireless communications 11 15 service provider and deposited in the fund, pursuant to 11 16 section 22.7, subsection 6, information provided by a wireless 11 17 communications service provider to the program manager 11 18 consisting of trade secrets, pursuant to section 22.7, 11 19 subsection 3, and other financial or commercial operations 11 20 information provided by a wireless communications service 11 21 provider to the program manager, shall be kept confidential as 11 22 provided under section 22.7. This subsection does not prohibit 11 23 the inclusion of information in any report providing aggregate 11 24 amounts and information which does not identify numbers of 11 25 accounts or customers, revenues, or expenses attributable to an 11 26 individual wireless communications service provider. 11 27 5. For purposes of this section, "wireless communications 11 28 service" means commercial mobile radio service, as defined under 11 29 sections 3(27) and 332(d) of the federal Telecommunications 11 30 Act of 1996, 47 U.S.C. { 151 et seq.; federal communications 11 31 commission rules; and the Omnibus Budget Reconciliation 11 32 Act of 1993. "Wireless communications service" includes any 11 33 wireless two=way communications used in cellular telephone 11 34 service, personal communications service, or the functional or 11 35 competitive equivalent of a radio=telephone communications line 12 1 used in cellular telephone service, a personal communications 12 2 service, or a network access line. "Wireless communications 12 3 service" does not include services whose customers do not 12 4 have access to 911 or a 911=like service, a communications 12 5 channel utilized only for data transmission, or a private 12 6 telecommunications system. 12 7 Sec. 8. Section 34A.15, subsection 1, paragraph c, Code 12 8 Supplement 2011, is amended to read as follows: 12 9 c. One person appointed by the Iowa association of chiefs of 12 10 police and peace officers association. 12 11 EXPLANATION 12 12 This bill makes several changes regarding the provisions of 12 13 Code chapter 34A, relating to enhanced 911 emergency telephone 12 14 systems. 12 15 The bill modifies definitions applicable to the Code 12 16 chapter. The bill provides that a "communications service" 12 17 means a service capable of accessing, connecting with, or 12 18 interfacing with a 911 system by dialing, initializing, or 12 19 otherwise activating the system exclusively through the digits 12 20 911 by means of a local telephone device, cellular telephone 12 21 device, wireless communications device, or alternative means to 12 22 be designated by the homeland security and emergency management 12 23 division of the department of public safety by rule. 12 24 The bill provides that a "communications service provider" 12 25 means a service provider, public or private, that transports 12 26 information electronically via landline, wireless, internet, 12 27 cable, or satellite. The bill changes references to the 12 28 wireless communications surcharge contained in Code section 12 29 34A.7A to an "emergency communications service surcharge", 12 30 and adds a definition accordingly which references that Code 12 31 section. 12 32 The bill adds a definition of "wireless communications 12 33 service" to mean commercial mobile radio service, as defined 12 34 under specified federal legislation and rules, including any 12 35 wireless two=way communications used in cellular telephone 13 1 service, personal communications service, or the functional or 13 2 competitive equivalent of a radio=telephone communications line 13 3 used in cellular telephone service, a personal communications 13 4 service, or a network access line, and not including a service 13 5 whose customers do not have access to 911 or 911=like service, 13 6 a communications channel utilized only for data transmission, 13 7 or a private telecommunications system. The bill also adds a 13 8 definition of "wireless communications service provider" to 13 9 mean a company that offers commercial mobile radio service to 13 10 users of wireless devices including but not limited to cellular 13 11 telephone services, personal communications services, mobile 13 12 satellite services, and enhanced specialized mobile radio. The 13 13 bill deletes a definition of "wireless communications service" 13 14 currently contained in Code section 34A.7A, subsection 5, as 13 15 being encompassed within the definitions added by the bill, 13 16 and also deletes a definition of "emergency 911 notification 13 17 device" which is not currently referred to within the Code 13 18 chapter. 13 19 The bill deletes a requirement that a state agency having 13 20 a public safety agency within its territory or jurisdiction 13 21 must participate in a joint E911 service board and cooperate in 13 22 maintaining the E911 service plan, but retains that requirement 13 23 with reference to political subdivisions. 13 24 The bill adds references to "wire=line" surcharges with 13 25 respect to the surcharges contained in Code sections 34A.6 and 13 26 34A.6A, to clarify that they apply to wire=line, rather than 13 27 wireless, communications and to promote consistency with the 13 28 local wire=line E911 service surcharge imposed pursuant to Code 13 29 section 34A.7. The bill deletes references to "telephone" 13 30 communications systems and surcharges contained in Code section 13 31 34A.7, in favor of the broader "emergency" communication 13 32 systems and surcharges. 13 33 The bill specifies that the emergency communication services 13 34 surcharge contained in Code section 34A.7A shall not be imposed 13 35 on wire=line=based communications, deletes references to 14 1 "telephone" devices and services contained in the Code section, 14 2 and deletes references to "wireless" communications service 14 3 providers and the "wireless" E911 emergency communications 14 4 fund. The bill deletes a requirement that up to $500,000 14 5 per calendar quarter of surcharge funds shall be applied to 14 6 specified outstanding wireless E911 phase 1 obligations; 14 7 deletes a requirement that up to $159,000 per calendar quarter 14 8 shall be allocated equally to joint E911 service boards and the 14 9 department of public safety if annual written request forms 14 10 have been submitted; and qualifies that an allocation to each 14 11 service board and the department of public safety of a minimum 14 12 of $1,000 per calendar quarter for each public safety answering 14 13 point must be pursuant to an annual written request. The bill 14 14 adds hardware and software for an internet protocol=enabled 14 15 next generation network to permissible uses of carryover 14 16 operating surplus moneys. 14 17 The bill additionally changes a current reference to the 14 18 Iowa association of chiefs of police and peace officers to the 14 19 Iowa peace officers association regarding appointments to the 14 20 E911 communications council. LSB 6024SC (3) 84 rn/nh
Text: SSB3169            Text: SSB3171