HF 2450 (LSB 5633YH (8) 88)

HOUSE FILE 2450

BY  THORUP

A BILL FOR

An Act relating to communications systems of the department of public safety and the department of homeland security and emergency management and the statewide interoperable communications system board.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 29C.23, subsection 1, Code 2020, is amended to read as follows:
   1.  The statewide interoperable communications system shall be under the joint purview of the department of public safety and the department of transportation of homeland security and emergency management. The departments department shall jointly submit a biannual report to the statewide interoperable communications system board established in section 80.28, beginning July 1, 2016 2020.
    Sec. 2.  Section 80.5, subsection 5, Code 2020, is amended to read as follows:
   5.  a.  The department shall operate such radio broadcasting stations as may be necessary in order to disseminate information which will make possible the speedy apprehension of lawbreakers, as well as such other information as may be necessary in connection with the duties of the department.
   b.  The department shall issue portable or mobile radios to a peace officer according to the needs of each peace officer. Each peace officer shall individually determine the officer’s specific communication needs to maximize the safety of the public. The department shall provide individual programming of portable or mobile radios according to the communication needs of each peace officer.
    Sec. 3.  NEW SECTION.  80.5A  Law enforcement area frequencies.
   1.  The department shall hold or renew as applicable a federal communications commission license for existing law enforcement area frequencies and shall maintain, in operational condition, communications centers and repeaters within law enforcement areas. A frequency, communications center, or repeater shall only be decommissioned if all sheriffs of all counties within a law enforcement area certify in writing to the department that the frequency, communications center, or repeater in the law enforcement area is no longer of use to law enforcement in those counties. For purposes of this section, “law enforcement area” means an area defined by the department as utilizing one of twelve very high frequencies operated by the department.
   2.  This section is repealed January 1, 2025.
    Sec. 4.  Section 80.28, Code 2020, is amended to read as follows:
   80.28  Statewide interoperable communications system board —— established —— members.
   1.  For the purposes of this section and section 80.29, “interoperability” means the ability of public safety and public service personnel to communicate and to share data on an immediate basis when authorized.
   1.  2.  A statewide interoperable communications system board is established, under the joint purview of the department and the state department of transportation of homeland security and emergency management. The board shall develop, implement, and oversee policy, operations, and fiscal components of communications interoperability efforts at the state and local level, and coordinate with similar efforts at the federal level, with the ultimate objective of improving, developing, and overseeing the operation of a statewide integrated public safety communications interoperability system. For the purposes of this section and section 80.29, “interoperability” means the ability of public safety and public services personnel to communicate and to share data on an immediate basis, on demand, when needed, and when authorized.
   2.  3.  The board shall consist of nineteen twenty-three voting members, as follows:
   a.  The following members representing state agencies:
   (1)  One member representing the department of public safety.
   (2)  One member representing the state department of transportation.
   (3)  One member representing the department of homeland security and emergency management.
   (4)  One member representing the department of corrections.
   (5)  One member representing the department of natural resources.
   (6)  One member representing the Iowa department of public health.
   (7)  (6)  One member representing the office of the chief information officer created in section 8B.2.
   (8)  One member representing the Iowa law enforcement academy created in section 80B.4.
   b.  The governor shall solicit and consider recommendations from professional or volunteer organizations in appointing the following members:
   (1)  Two members who are representatives from municipal police departments.
   (2)  Two members who are representatives of sheriff’s offices.
   (3)  Two members who are representatives from fire departments. One of the members shall be a volunteer fire fighter and the other member shall be a paid fire fighter.
   (4)  Two members who are law communication center managers employed by state or local government agencies.
   (5)  One member representing local emergency management coordinators.
   (6)  One member representing emergency medical service providers.
   (7)  One at-large member.
   b.  The following members representing professional or volunteer organizations, as follows:
   (1)  One member representing the Iowa state police officer’s council who is a peace officer employee of the department of public safety.
   (2)  One member representing the Iowa state police officer’s council who is a peace officer employee of the department of natural resources.
   (3)  One member representing the Iowa emergency management association.
   (4)  One member representing the Iowa state sheriffs and deputies association.
   (5)  One member representing the Iowa state police association.
   (6)  One member representing the Iowa peace officers association.
   (7)  One member representing the Iowa firefighters association.
   (8)  One member representing the Iowa professional firefighters association.
   (9)  One member representing the Iowa emergency medical services association.
   (10)  One member representing the Iowa chapter of the association of public safety communications officials.
   (11)  One member representing the Iowa chapter of the national emergency number association.
   c.  Six members representing each of the six homeland security planning regions designated by the department of homeland security and emergency management.
   (1)  The director of the department of homeland security and emergency management shall organize a biannual election in each of the six regions to be held by July 1 of each even-numbered year. The director shall promulgate uniform rules for the election.
   (2)  The director shall notify each public safety answering point within each region of the rules, location, date, and time of the election for the region.
   (3)  The director or the director’s designee shall preside at each election.
   (4)  The director shall notify the statewide interoperable communications system board of the elected regional members.
   3.  4.  In addition to the voting members, the board membership shall include four members of the general assembly with one member designated by each of the following:  the majority leader of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives. A legislative member serves for a term as provided in section 69.16B in an ex officio, nonvoting capacity and is eligible for per diem and expenses as provided in section 2.10.
   4.  5.  The voting members of the board shall be appointed in compliance with sections 69.16 and 69.16A. Members shall elect a chairperson and vice chairperson from the board membership, who shall serve two-year terms. The members appointed by the governor shall be appointed to three-year staggered terms and the terms shall commence and end as provided by section 69.19.  The chairperson and vice chairperson shall initially be elected between July 1, 2020, and January 1, 2021. Subsequent elections shall be held each odd-numbered year. If a vacancy occurs among the voting members, a successor shall be appointed to serve the unexpired term. A successor shall be appointed in the same manner and subject to the same qualifications as the original appointment to serve the unexpired term. The voting members of the board are entitled to receive reimbursement for actual expenses incurred while engaged in the performance of official duties from funds appropriated to the department of public safety and the state department of transportation homeland security and emergency management for that purpose. The departments shall enter into an agreement to provide administrative assistance and support to the board.
    Sec. 5.  Section 80.29, Code 2020, is amended to read as follows:
   80.29  Board duties.
   The statewide interoperable communications system board established in section 80.28 shall:
   1.  Implement and maintain organizational and operational elements of the board, including staffing and program activity.
   2.  Review and monitor communications interoperability performance and service levels on behalf of agencies.
   3.  Establish, monitor, and maintain appropriate policies and protocols to ensure that interoperable communications systems function properly.
   4.  Allocate and oversee state appropriations or other funding received for interoperable communications.
   5.  Identify sources for ongoing, sustainable, longer-term funding for communications interoperability projects, including available and future assets that will leverage resources and provide incentives for communications interoperability participation, and develop and obtain adequate funding in accordance with a communications interoperability sustainability plan.
   6.  Develop and evaluate potential legislative solutions to address the funding and resource challenges of implementing statewide communications interoperability initiatives.
   7.  5.  Develop a statewide integrated public safety communications interoperability system that allows for shared communications systems and costs, takes into account infrastructure needs and requirements, improves reliability, and addresses liability concerns of the shared network.
   8.  6.  Investigate data and video interoperability systems.
   9.  7.  Expand, maintain, and fund consistent, periodic training programs for current communications systems and for the statewide integrated public safety communications interoperability system as it is implemented.
   10.  8.  Expand, maintain, and fund stakeholder education, public education, and public official education programs to demonstrate the value of short-term communications interoperability solutions, and to emphasize the importance of developing and funding long-term solutions, including implementation of the statewide integrated public safety communications interoperability system.
   11.  Identify, promote, and provide incentives for appropriate collaborations and partnerships among government entities, agencies, businesses, organizations, and associations, both public and private, relating to communications interoperability.
   12.  Provide incentives to support maintenance and expansion of regional efforts to promote implementation of the statewide integrated public safety communications interoperability system.
   13.  In performing its duties, consult with representatives of private businesses, organizations, and associations on technical matters relating to data, video, and communications interoperability; technological developments in private industry; and potential collaboration and partnership opportunities.
   14.  9.  Submit a report by January 1, annually, to the members of the general assembly regarding communications interoperability efforts, activities, and effectiveness at the local and regional level, and shall include a status report regarding the development of a statewide integrated public safety communications interoperability system, and funding requirements relating thereto.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   COMMUNICATIONS SYSTEMS. This bill directs the department of public safety to issue portable or mobile radios to peace officers of the department of public safety according to each peace officer’s determination of the officer’s specific communication needs. The bill also directs the department to provide individual programming of portable or mobile radios according to the communication needs of each peace officer.
   The bill directs the department to hold or renew federal communications commission licenses for all existing law enforcement area frequencies and to maintain all communications centers and repeaters until January 1, 2025. The bill allows the department to decommission a frequency, communications center, or repeater before that date only if all sheriffs of all counties within that specific law enforcement area certify to the department in writing that the frequency, communications center, or repeater is no longer of use to law enforcement officers in those counties.
   STATEWIDE INTEROPERABLE COMMUNICATIONS SYSTEM BOARD. The bill transfers the statewide interoperable communications system board from the purview of the department of public safety and the department of transportation to the department of homeland security and emergency management. The bill increases the number of voting members on the board, removing some designated members of relevant organizations and adding others. The bill provides a procedure to elect representatives from each of the six homeland security planning regions, and provides election procedures for the chairperson and vice chairperson of the board. The bill eliminates several duties of the statewide interoperable communications system board.