WIRELESSLEGISLATION FOR THE STATE OF IOWA
SENATE BILL 120
A BILL FOR
An Act relating to the extensionof time during which an alternative surcharge may be imposed forenhanced 911 services.
EXPLANATION
This bill provides for extensionof the alternative surcharge of $2.50 per month per access linefor a period of up to 12 months beyond the initial period duringwhich the alternative surcharge was imposed. The extension canonly occur after the E911 board conducts apublic hearing to allow for public comment on the extension.Currently, the board may impose a surcharge of $1 per month peraccess line, with the ability to impose the alternative surchargeof $2.50 per month per access line for a period of up to 24months after approval by referendum in the proposed E911service area.
TEXT: BE IT ENACTED BY THE GENERALASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 34A.6A, Code1997, is amended to read as follows:
34A.6A ALTERNATIVE SURCHARGE.
Notwithstanding section 34A.6, the board may request imposition of a 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 surcharge to voters in the same manner as provided in section 34A.6. If approved, the surcharge may be collected for a period of twenty-four months UNLESS THE PERIOD IS EXTENDED AS PROVIDED IN SUBSECTION 2. At the end of the twenty-four-month period, the rate of surcharge shall revert to one dollar per month, per access line.
NOTWITHSTANDING THE TWENTY-FOUR-MONTH LIMITATION IMPOSED BY THE VOTERS PURSUANT TO SUBSECTION 1, AT THE END OF THE INITIAL PERIOD DURING WHICH A SURCHARGE OF TWO DOLLARS AND FIFTY CENTS PER MONTH PER ACCESS LINE IS IMPOSED, THE BOARD, UPON A DETERMINATION THAT INSUFFICIENT FUNDS ARE AVAILABLE TO THE BOARD TO IMPLEMENT THE E911 SERVICE PLAN, MAY EXTEND THE PERIOD DURING WHICH THE TWO DOLLAR AND FIFTY CENT SURCHARGE IS TO BE IMPOSED BY A PERIOD OF NO MORE THAN TWELVE MONTHS. THE BOARD SHALL ONLY EXTEND SUCH PERIOD AFTER CONDUCTING A PUBLIC HEARING TO ALLOW FOR PUBLIC COMMENT ON SUCH ACTION. AT THE END OF THE ADDITIONAL PERIOD UNDER THIS SUBSECTION, THE RATE OF THE SURCHARGE SHALL REVERT TO ONE DOLLAR PER MONTH, PER ACCESS LINE.
HOUSE BILL 392
A BILL FOR
An Act relating to the extensionof time during which an alternative surcharge may be imposed forE911.
EXPLANATION
This bill provides for theextension of the alternative surcharge of $2.50 per month peraccess line for a period of up to 12 months beyond the initialperiod during which such surcharge was imposed. The extension canonly occur after the E911 board conducts a public hearing toallow for public comment on the extension. Currently, the boardmay impose a surcharge of $1 per month per access line, with theability to impose the alternative surcharge of $2.50 per monthper access line for a period of up to 24 months after approval byreferendum in the proposed E911 service area.
Section 1. Section 34A.6A, Code1997, is amended to read as follows:
34A.6A ALTERNATIVE SURCHARGE.
Notwithstanding section 34A.6, the board may request imposition of a 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 surcharge to voters in the same manner as provided in section 34A.6. If approved, the surcharge may be collected for a period of NO MORE THAN twenty-four months UNLESS THE PERIOD IS EXTENDED AS PROVIDED IN SUBSECTION 2. At the end of the twenty-four month period, the rate of the surcharge shall revert to one dollar per month, per access line.
NOTWITHSTANDING THE TWENTY-FOUR-MONTH LIMITATION IMPOSED BY THE VOTERS IN SUBSECTION 1, AT THE END OF THE INITIAL PERIOD DURING WHICH A SURCHARGE OF TWO DOLLARS AND FIFTY CENTS PER MONTH PER ACCESS LINE IS IMPOSED, THE BOARD, UPON A DETERMINATION THAT INSUFFICIENT FUNDS ARE AVAILABLE TO THE BOARD TO IMPLEMENT THE E911 SERVICE PLAN, MAY EXTEND THE PERIOD DURING WHICH THE TWO DOLLAR AND FIFTY CENT SURCHARGE IS TO BE IMPOSED BY A PERIOD OF NO MORE THAN TWELVE ADDITIONAL MONTHS. THE BOARD SHALL ONLY EXTEND SUCH PERIOD AFTER CONDUCTING A PUBLIC HEARING TO ALLOW FOR PUBLIC COMMENT ON SUCH ACTION.
WIRELESSLEGISLATION FOR THE STATE OF IOWA
SENATE BILL 343
A BILL FOR
An act relating to theestablishment of an E911 commission and establishing a surcharge.
EXPLANATION
This bill provides that the E911communications council, in consultation with the utilities boardwithin the utilities division of the department of commerce, isto impose a monthly surcharge of up to one dollar on eachwireless communications service account provided in this state.The surcharge is to be collected by the wireless communicationsservice provider and remitted to the council. Such provider isauthorized to retain one percent of the amount collected foradministration. The council is to distribute the surchargecollected with 10 percent or $200,000, whichever is greater, tobe retained by the council for implementation, support, andmaintenance of the functions of the council, and balance to bedistributed in equal shares, with one share for the joint E911service board in each county and one share for the communicationsdivision of the Iowa highway safety patrol. Moneys distributedare to be used for the implementation of enhanced wirelesscommunications capabilities. If a county does not have a jointE911 service board, that county?s share of the surchargeshall be held in trust in a separate account in the statetreasury until such time as the county establishes a board. Ifthe county does not create a joint E911 service board by July 1,2002, the council shall distribute the funds held in trust forthat county equally to all remaining joint E911 service boards.
BE IT ENACTED BY THE GENERALASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 34A.15, Code1997, is amended by adding the following new subsections:
NEW SUBSECTION. 2A. a.Notwithstanding section 34A.6, the council, in consultation withthe utilities board within the utilities division of thedepartment of commerce, shall impose a monthly surcharge of up toone dollar on each wireless communications service accountprovided in this state.
The surcharge shall be collected as part of the wireless communications service provider?s periodic billing to a subscriber. In compensation for the costs of billing and collection, the provider may retain one percent of the gross surcharges collected. The surcharges shall be remitted quarterly by the provider to the E911 communications council for deposit into the fund established in subsection 4. A provider is not liable for an uncollected surcharge for which the 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 service surcharge”. The E911 service surcharge is not subject to sales or use tax.
NEW SUBSECTION. 2B. Moneyscollected pursuant to subsection 3 shall be deposited in aseparate fund within the state treasury under the control of thecouncil to be expended and distributed annually as follows:
Ten percent of the total surcharges collected or two hundred thousand dollars, whichever is greater, shall be retained by the council for implementation, support, and maintenance of the functions of the council.
(1) The remainder of the surchargecollected shall be divided into one hundred equal shares, withone share for each county, to be remitted to the joint E911service board serving the county, with the remaining share to beremitted to the communications division of the Iowa highwaysafety patrol in the department of public safety, to be used forthe implementation of enhanced wireless communicationscapabilities.
(2) If a county does not have ajoint E911 service board, that county?s share of thesurcharge shall be held in trust in a separate account in thestate treasury until such time as the county establishes theboard. If the county does not create a joint E911 service boardby July 1, 2002, the council shall distribute the funds held intrust for that county equally to all remaining joint E911 serviceboards.
NEW SUBSECTION. 2C. For purposesof this section, “wireless communications service”means a radio-link telephone service providing dial tone accessto a portable, mobile, or fixed location for which a charge islevied. “Wireless communications service” includes, butis not limited to, radio repeater stations operated in thespecialized mobile radio service where the telephone service issecondary to the radio repeater use, and cellular communicationsservices.