Bill Text: IA HF2439 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to the distribution and permissible expenditures of the emergency communications service surcharge and the duties of the E911 communications council. Effective 7-1-16.
Spectrum: Committee Bill
Status: (Passed) 2016-04-29 - Signed by Governor. H.J. 804. [HF2439 Detail]
Download: Iowa-2015-HF2439-Enrolled.html
House File 2439 - Enrolled
HOUSE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO HF 2408)
(SUCCESSOR TO HSB 627)
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A BILL FOR
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House File 2439
AN ACT
RELATING TO THE DISTRIBUTION AND PERMISSIBLE EXPENDITURES OF
THE EMERGENCY COMMUNICATIONS SERVICE SURCHARGE AND THE
DUTIES OF THE E911 COMMUNICATIONS COUNCIL.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 34A.7A, subsection 2, Code 2016, is
amended to read as follows:
2. Moneys collected pursuant to subsection 1 and section
34A.7B, subsection 2, shall be deposited in a separate 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
director shall be allocated to the director and program manager
for implementation, support, and maintenance of the functions
of the director and program manager and to employ the auditor
of state to perform an annual audit of the E911 emergency
communications fund.
b. (1) 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) The amount allocated under this paragraph "b" shall be
sixty 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
the service area of the department of public safety or joint
E911 service board.
(3) The funds allocated in this paragraph "b" shall be
used by the public safety answering points for the receipt and
disposition of 911 calls.
b. c. From July 1, 2013, until June 30, 2026, the program
manager shall allocate ten 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. d. The program manager shall reimburse communications
service providers on a calendar quarter basis for carriers'
eligible expenses for transport costs between the selective
router and the public safety answering points related to the
delivery of wireless E911 phase 1 services and the integration
of an internet protocol=enabled next generation 911 network.
d. e. 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. (1) 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) The amount allocated under this paragraph "e" shall be
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
the service area of the department of public safety or joint
E911 service board.
(3) The funds allocated in this paragraph "e" shall be
used for communication equipment utilized by the public safety
answering points for the implementation and maintenance of E911
services.
f. The department of homeland security and emergency
management may, in a reserve account established within the
E911 emergency communications fund, credit each fiscal year
an amount of up to twelve and one=half percent of the annual
emergency communications service surcharge collected pursuant
to subsection 1 and the prepaid wireless E911 surcharge
collected pursuant to section 34A.7B, subsection 2. However,
the moneys contained in such reserve account shall not exceed
twelve and one=half percent of the total surcharges collected
for each fiscal year. Moneys credited to the reserve account
shall only be used by the department for the purpose of
repairing or replacing equipment in the event of a catastrophic
equipment failure, as determined by the director.
f. g. (1) If moneys remain in the fund after fully paying
all obligations under paragraphs "a", "b", "c", "d", and "e",
and "f", the remainder may be accumulated in the fund as a
carryover operating surplus. an amount of up to four million
four hundred thousand dollars shall, for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, be expended
and distributed in the following priority order:
(a) (i) The director, in consultation with the program
manager and the E911 communications council, may provide
grants to any public safety answering point agreeing to
consolidate. For purposes of this subparagraph division,
"consolidate" means the consolidation of all public safety
answering point systems, functions, enhanced 911 service areas,
and physical facilities of two or more public safety answering
points, resulting in the consolidated public safety answering
point being responsible for all call answering and dispatch
functions for the combined enhanced 911 service area, or the
consolidation of two or more public safety answering points
utilizing shared services technology to combine public safety
answering point systems, including but not limited to 911
call processing equipment, computer=aided dispatch, mapping,
radio, and logging recorders. Such a grant to a public safety
answering point shall not exceed one=half of the projected cost
of consolidation, or two hundred thousand dollars, whichever
is less.
(ii) Grants provided under this subparagraph may, subject
to available funding, be provided until June 30, 2022.
(iii) The director, in consultation with the program
manager and the E911 communications council, shall adopt rules
governing the eligibility for and the E911 communications
council's distribution of grants to public safety answering
points pursuant to this subparagraph division.
(b) The program manager, in consultation with the E911
communications council, shall allocate an amount, not to exceed
one hundred thousand dollars per fiscal year, for development
of public awareness and educational programs related to the
use of 911 by the public, educational programs for personnel
responsible for the maintenance, operation, and upgrading of
local E911 systems, and the expenses of members of the E911
communications council for travel, monthly meetings, and
training, provided, however, that the members have not received
reimbursement funds for such expenses from another source.
(c) The remaining surplus shall be used to fund future
network and public safety answering point improvements for
program manager shall allocate an equal amount of moneys to
each public safety answering point for the following costs:
(i) Costs related to the receipt and disposition of
911 calls, including hardware and software for an internet
protocol=enabled next generation 911 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 in consultation with the E911 communications
council.
(ii) Local costs related to access the state's
interoperable communications system.
(2) 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.
g. h. The director, 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.
Sec. 2. Section 34A.15, Code 2016, is amended by adding the
following new subsection:
NEW SUBSECTION. 3A. The council may provide grants, subject
to available moneys in the E911 emergency communications fund,
to public safety answering points agreeing to consolidate
pursuant to section 34A.7A, subsection 2, paragraph "g".
Sec. 3. STUDY OF CONSOLIDATION OF PUBLIC SAFETY ANSWERING
POINTS. The department of homeland security and emergency
management shall conduct a study to determine how public safety
answering points can be consolidated to achieve operational
and cost efficiencies. The study shall also review sections
34A.7 and 34A.7A to determine the most efficient method
of distributing surcharge revenues to support a network of
consolidated public safety answering points. The department
shall submit a report containing the results of the study no
later than January 15, 2017.
LINDA UPMEYER
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2439, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2016
TERRY E. BRANSTAD
Governor
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