H.F. 2371 Section 1. LEGISLATIVE INTENT. It is the intent of the 1 general assembly, in recognition of the establishment of the 2 mass notification and emergency messaging system fund in Code 3 section 29C.17A, and in further recognition of the vital 4 importance of creating and adequately funding a system for 5 providing mass notification and emergency messaging services to 6 the citizens of the state of Iowa, that the mass notification 7 and emergency messaging system fund receive an annual 8 appropriation to ensure that the system functions throughout 9 the state on an ongoing basis. 10 Sec. 2. Section 22.7, Code 2014, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 68. Information collected for use in 13 administrating and operating the mass notification and 14 emergency messaging system established pursuant to section 15 29C.17A. However, personal information may be disclosed to 16 governmental agencies under the circumstances specified in that 17 section. 18 Sec. 3. Section 29C.2, Code 2014, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 6A. “Mass notification and emergency 21 messaging system” means a system which disseminates emergency 22 and public safety related information to the public by 23 various means including but not limited to telephone, 24 wireless communications service, dual party relay service or 25 telecommunications device, text messaging, electronic mail, 26 and facsimile, and which integrates with federal emergency 27 messaging systems. 28 Sec. 4. NEW SECTION . 29C.17A Mass notification and 29 emergency messaging system fund. 30 1. A mass notification and emergency messaging system fund 31 is created in the state treasury under the control of the 32 department. The fund shall consist of moneys appropriated 33 by the general assembly and any other moneys available to 34 and obtained or accepted by the department for placement 35 -1- LSB 5256HV (2) 85 rn/rj 1/ 5

H.F. 2371 in the fund. Notwithstanding section 12C.7, interest or 1 earnings on moneys in the fund shall be credited to the fund. 2 Notwithstanding section 8.33, moneys credited to the fund that 3 remain unexpended or unobligated at the end of a fiscal year 4 shall not revert to any other fund. 5 2. Amounts contained in the fund shall be used exclusively 6 to provide for the purchase and ongoing operation of a system 7 capable of providing mass notification and emergency messaging 8 to the public. The system shall be purchased from a vendor 9 selected by the department pursuant to a competitive bidding 10 process, and shall, once purchased, be under the control of the 11 department. 12 3. Information disseminated to the public through the mass 13 notification and emergency messaging system shall be limited 14 to imminent emergency and public safety-related issues. The 15 department may provide access to the system for use at the 16 county and local level. Access by a county or local government 17 shall be at the department’s sole discretion, and if approved 18 by the department, shall be under the control of the local 19 commission. The commission shall establish an operational plan 20 and procedure which meets standards adopted by the department 21 by rule, and shall submit the operational plan and procedure 22 for approval by the department prior to access being granted. 23 Additional access criteria and procedures for administering 24 the fund shall be established by the department by rule. The 25 director may employ such additional staff as may be necessary 26 to administer this section. 27 4. All personal information collected for use in the mass 28 notification and emergency messaging system, including but 29 not limited to the names and contact information of emergency 30 messaging recipients, shall be considered confidential records 31 under section 22.7. The director may, however, provide all 32 or part of such confidential information to state or local 33 governmental agencies possessing emergency planning or response 34 functions if the director is satisfied that the need to know 35 -2- LSB 5256HV (2) 85 rn/rj 2/ 5

H.F. 2371 the information and its intended use are reasonable. An agency 1 receiving confidential information pursuant to this subsection 2 shall not redisseminate the information in any form without 3 prior approval by the director. The release of confidential 4 information by the department, a county or local government, or 5 a state or local governmental agency other than as authorized 6 pursuant to this section, and the sale of such confidential 7 information, is strictly prohibited. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill establishes a mass notification and emergency 12 messaging system fund. 13 The bill defines “mass notification and emergency messaging 14 system” to mean a system which disseminates emergency 15 and public safety related information to the public by 16 various means including but not limited to telephone, 17 wireless communications service, dual party relay service or 18 telecommunications device, text messaging, electronic mail, 19 and facsimile, and which integrates with federal emergency 20 messaging systems. 21 The bill commences with a session law provision expressing 22 the legislative intent that the mass notification and emergency 23 messaging system fund receive an annual appropriation to ensure 24 that the system functions throughout the state on an ongoing 25 basis. 26 The bill creates the fund in the state treasury under the 27 control of the department, consisting of moneys appropriated 28 by the general assembly and any other moneys available to and 29 obtained or accepted by the department for placement in the 30 fund. The bill provides that, notwithstanding Code section 31 12C.7, interest or earnings on moneys in the fund shall be 32 credited to the fund, and that, notwithstanding Code section 33 8.33, moneys credited to the fund that remain unexpended or 34 unobligated at the end of a fiscal year shall not revert to any 35 -3- LSB 5256HV (2) 85 rn/rj 3/ 5

H.F. 2371 other fund. 1 The bill provides that amounts contained in the fund shall 2 be used exclusively to provide for the purchase and ongoing 3 operation of a system capable of providing mass notification 4 and emergency messaging to the public. The system shall be 5 purchased from a vendor selected by the department pursuant to 6 a competitive bidding process, and shall, once purchased, be 7 under the control of the department. 8 The bill specifies that information disseminated to the 9 public through the mass notification and emergency messaging 10 system shall be limited to imminent emergency and public 11 safety-related issues. 12 The bill authorizes the department to provide access to 13 the system for use at the county and local level. Access 14 by a county or local government shall be at the department’s 15 sole discretion, and if approved by the department, shall be 16 under the control of the local emergency management commission 17 or joint emergency management commission. The bill states 18 that such commission shall establish an operational plan and 19 procedure which meets standards adopted by the department by 20 rule, and shall submit the operational plan and procedure for 21 approval by the department prior to access being granted. 22 Additional access criteria and procedures for administering the 23 fund are to be established by the department by rule, and the 24 director is authorized to employ such additional staff as may 25 be necessary to administer and operate the system. 26 The bill provides that all personal information collected 27 for use in the system, including but not limited to the names 28 and contact information of emergency messaging recipients, 29 shall be considered confidential records under Code section 30 22.7. The bill authorizes the director, however, to provide 31 all or part of such confidential information to state or local 32 governmental agencies possessing emergency planning or response 33 functions if the director is satisfied that the need to know 34 the information and its intended use are reasonable. The 35 -4- LSB 5256HV (2) 85 rn/rj 4/ 5

H.F. 2371 bill states that an agency receiving confidential information 1 pursuant to this exception shall not redisseminate the 2 information in any form without prior approval by the director. 3 A corresponding provision is added to the confidential records 4 provisions contained in Code chapter 22.7. 5 Additionally, the bill provides that the release of 6 confidential information by the department, a county or local 7 government, or a state or local governmental agency other than 8 as authorized pursuant to the bill’s provisions, and the sale 9 of such confidential information, is strictly prohibited. 10 -5- LSB 5256HV (2) 85 rn/rj 5/ 5