Senate File 2186 - Introduced



                                       SENATE FILE       
                                       BY  DOTZLER, HANCOCK,
                                           and DANIELSON

                                       (COMPANION TO LSB 5933HH
                                        BY KRESSIG)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to public safety communications, providing for
  2    utilization of the Iowa communications network for public
  3    safety interoperability purposes, and establishing an Iowa
  4    statewide interoperable radio system board.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5933SS 81
  7 rn/sh/8

PAG LIN



  1  1    Section 1.  Section 8D.2, subsection 5, paragraph a, Code
  1  2 Supplement 2005, is amended to read as follows:
  1  3    a.  "Public agency" means a state agency, an institution
  1  4 under the control of the board of regents, the judicial branch
  1  5 as provided in section 8D.13, subsection 17, a school
  1  6 corporation, a city library, a library service area as
  1  7 provided in chapter 256, a county library as provided in
  1  8 chapter 336, or a judicial district department of correctional
  1  9 services established in section 905.2, to the extent provided
  1 10 in section 8D.13, subsection 15, an agency of the federal
  1 11 government, or a United States post office which receives a
  1 12 federal grant for pilot and demonstration projects, or a city
  1 13 or county on behalf of a law enforcement agency, professional
  1 14 or volunteer fire department, or emergency medical care
  1 15 provider as defined in section 147A.1, strictly for the
  1 16 purpose of connecting disparate communications systems to
  1 17 provide for a multiagency or multijurisdictional public safety
  1 18 response.
  1 19    Sec. 2.  Section 8D.9, Code Supplement 2005, is amended by
  1 20 adding the following new subsection:
  1 21    NEW SUBSECTION.  5.  A city or county on behalf of a law
  1 22 enforcement agency, professional or volunteer fire department,
  1 23 or emergency medical care provider as defined in section
  1 24 147A.1, shall be authorized to access the Iowa communications
  1 25 network for connection of disparate communications systems
  1 26 between public agencies to provide for a multiagency or
  1 27 multijurisdictional public safety response.
  1 28    Sec. 3.  Section 8D.13, Code Supplement 2005, is amended by
  1 29 adding the following new subsection:
  1 30    NEW SUBSECTION.  20.  A city or county accessing the
  1 31 network on behalf of a law enforcement agency, professional or
  1 32 volunteer fire department, or emergency medical care provider
  1 33 for the purpose of connecting disparate communications systems
  1 34 to provide for a multiagency or multijurisdictional public
  1 35 safety response pursuant to section 8D.9, subsection 5, shall
  2  1 be responsible for all costs associated with becoming a part
  2  2 of the network.
  2  3    Sec. 4.  NEW SECTION.  80.28  STATEWIDE INTEROPERABLE RADIO
  2  4 SYSTEM BOARD == ESTABLISHED == MEMBERS.
  2  5    1.  BOARD ESTABLISHED.  A statewide interoperable radio
  2  6 system board is established, under the joint purview of the
  2  7 department and the state department of transportation.  The
  2  8 board shall develop, implement, and oversee policy,
  2  9 operations, and fiscal components of communications
  2 10 interoperability efforts at the state and local level, and
  2 11 coordinate with similar efforts at the federal level, with the
  2 12 ultimate objective of developing and overseeing the operation
  2 13 of a statewide integrated public safety communications
  2 14 interoperability system. For the purposes of this section and
  2 15 section 80.29, "interoperability" means the ability of public
  2 16 safety and public services personnel to communicate and to
  2 17 share data on an immediate basis, on demand, when needed, and
  2 18 when authorized.
  2 19    2.  MEMBERS.  The board shall consist of fifteen voting
  2 20 members, as follows:
  2 21    a.  The following members representing state agencies:
  2 22    (1)  One member representing the department of public
  2 23 safety, who shall serve as chairperson.
  2 24    (2)  One member representing the state department of
  2 25 transportation, who shall serve as vice chairperson.
  2 26    (3)  One member representing the homeland security and
  2 27 emergency management division.
  2 28    (4)  One member representing the department of corrections.
  2 29    (5)  One member representing the department of natural
  2 30 resources.
  2 31    (6)  One member representing the Iowa department of public
  2 32 health.
  2 33    b.  The following members, to be appointed by the governor:
  2 34    (1)  Two members who are chiefs of police.
  2 35    (2)  Two members who are sheriffs.
  3  1    (3)  Two members who are fire chiefs.
  3  2    (4)  Two law enforcement communications experts employed by
  3  3 state or local government agencies.
  3  4    (5)  One at=large member.
  3  5    Board members shall be appointed in compliance with
  3  6 sections 69.16 and 69.16A.  The members appointed by the
  3  7 governor shall be appointed to three=year staggered terms and
  3  8 the terms shall commence and end as provided by section 69.19.
  3  9 If a vacancy occurs, a successor shall be appointed to serve
  3 10 the unexpired term.  A successor shall be appointed in the
  3 11 same manner and subject to the same qualifications as the
  3 12 original appointment to serve the unexpired term.  Members of
  3 13 the board are entitled to receive reimbursement for actual
  3 14 expenses incurred while engaged in the performance of official
  3 15 duties from funds appropriated to the department of public
  3 16 safety and the state department of transportation for that
  3 17 purpose.  The departments shall enter into an agreement to
  3 18 provide administrative assistance and support to the board.
  3 19    Sec. 5.  NEW SECTION.  80.29  BOARD DUTIES.
  3 20    The statewide interoperable radio system board established
  3 21 in section 80.28 shall:
  3 22    1.  Implement and maintain organizational and operational
  3 23 elements of the board, including staffing and program
  3 24 activity.
  3 25    2.  Review and monitor communications interoperability
  3 26 performance and service levels on behalf of agencies.
  3 27    3.  Establish, monitor, and maintain appropriate policies
  3 28 and protocols to ensure that interoperable communications
  3 29 systems function properly.
  3 30    4.  Allocate and oversee state appropriations or other
  3 31 funding received for interoperable communications.
  3 32    5.  Identify sources for ongoing, sustainable, longer=term
  3 33 funding for communications interoperability projects,
  3 34 including available and future assets that will leverage
  3 35 resources and provide incentives for communications
  4  1 interoperability participation, and develop and obtain
  4  2 adequate funding in accordance with a communications
  4  3 interoperability sustainability plan.
  4  4    6.  Develop and evaluate potential legislative solutions to
  4  5 address the funding and resource challenges of implementing
  4  6 statewide communications interoperability initiatives.
  4  7    7.  Develop a statewide integrated public safety
  4  8 communications interoperability system that allows for shared
  4  9 communications systems and costs, takes into account
  4 10 infrastructure needs and requirements, improves reliability,
  4 11 and addresses liability concerns of the shared network.
  4 12    8.  Investigate data and video interoperability systems.
  4 13    9.  Expand, maintain, and fund consistent, periodic
  4 14 training programs for current communications systems and for
  4 15 the statewide integrated public safety communications
  4 16 interoperability system as it is implemented.
  4 17    10.  Expand, maintain, and fund stakeholder education,
  4 18 public education, and public official education programs to
  4 19 demonstrate the value of short=term communications
  4 20 interoperability solutions, and to emphasize the importance of
  4 21 developing and funding long=term solutions, including
  4 22 implementation of the statewide integrated public safety
  4 23 communications interoperability system.
  4 24    11.  Identify, promote, and provide incentives for
  4 25 appropriate collaborations and partnerships among government
  4 26 entities, agencies, businesses, organizations, and
  4 27 associations, both public and private, relating to
  4 28 communications interoperability.
  4 29    12.  Provide incentives to support maintenance and
  4 30 expansion of regional efforts to promote implementation of the
  4 31 statewide integrated public safety communications
  4 32 interoperability system.
  4 33    13.  Submit a report by January 1, annually, to the members
  4 34 of the general assembly regarding communications
  4 35 interoperability efforts, activities, and effectiveness at the
  5  1 local and regional level, and shall include a status report
  5  2 regarding the development of a statewide integrated public
  5  3 safety communications interoperability system, and funding
  5  4 requirements relating thereto.
  5  5                           EXPLANATION
  5  6    This bill concerns public safety communications and
  5  7 enhancement of statewide communications interoperability
  5  8 efforts.
  5  9    The bill provides that for purposes of accessing the Iowa
  5 10 communications network, a city or county on behalf of a law
  5 11 enforcement agency, professional or volunteer fire department,
  5 12 or emergency medical care provider as defined in Code section
  5 13 147A.1, shall be considered a public agency and be authorized
  5 14 access strictly for the purpose of connecting disparate
  5 15 communications systems to provide for a multiagency or
  5 16 multijurisdictional public safety response.  The bill states
  5 17 that the city or county shall be responsible for all costs
  5 18 associated with becoming a part of the network.
  5 19    The bill establishes a statewide interoperable radio system
  5 20 board, under the joint purview of the department of public
  5 21 safety and the state department of transportation.  The bill
  5 22 specifies that the board shall develop, implement, and oversee
  5 23 policy, operations, and fiscal components of communications
  5 24 interoperability efforts at the state and local level,
  5 25 coordinate with similar efforts at the federal level, and
  5 26 ultimately develop and oversee the operation of a statewide
  5 27 integrated public safety communications interoperability
  5 28 system. The bill defines "interoperability" as the ability of
  5 29 public safety and public services personnel to communicate and
  5 30 to share data on an immediate basis, on demand, when needed,
  5 31 and when authorized.
  5 32    The bill identifies 15 members of the board, all voting
  5 33 members, and states that members not affiliated with or
  5 34 representing a state agency shall be appointed by the
  5 35 governor.
  6  1    The bill includes provisions relating to the appointment of
  6  2 members, terms of service, and vacancies.  The bill states
  6  3 that members shall receive reimbursement for actual expenses
  6  4 incurred while engaged in the performance of official duties
  6  5 from funds appropriated to the departments for that purpose,
  6  6 and that the departments shall enter into an agreement to
  6  7 provide administrative assistance and support to the board.
  6  8    Regarding the duties of the board, the bill provides that
  6  9 the board shall implement and maintain organizational and
  6 10 operational elements of the board; review and monitor
  6 11 communications interoperability performance and service levels
  6 12 on behalf of participating agencies; establish, monitor, and
  6 13 maintain appropriate policies and protocols to ensure that
  6 14 interoperable communications systems function properly;
  6 15 allocate and oversee state appropriations or other funding
  6 16 received; identify longer=term funding sources for
  6 17 communications interoperability projects, including assets
  6 18 that will leverage resources and provide incentives for
  6 19 communications interoperability participation; and develop and
  6 20 obtain adequate funding in accordance with a communications
  6 21 interoperability sustainability plan.  The board shall,
  6 22 additionally, develop a statewide integrated public safety
  6 23 communications interoperability system that allows for shared
  6 24 communications systems and costs, takes into account
  6 25 infrastructure needs and requirements, improves reliability,
  6 26 and addresses liability concerns of the shared network;
  6 27 identify legislative solutions which could provide assistance
  6 28 to the enhancement of communications interoperability;
  6 29 investigate data and video interoperability systems, and
  6 30 expand, maintain, and fund training programs relating to
  6 31 current and long=term communications interoperability efforts.
  6 32 Further, the board is directed to identify, promote, and
  6 33 provide incentives for appropriate collaborations and
  6 34 partnerships relating to communications interoperability and
  6 35 to provide incentives to support maintenance and expansion of
  7  1 regional efforts to promote implementation of the integrated
  7  2 statewide public safety communications interoperability
  7  3 system.
  7  4    The bill provides that the board shall submit a report by
  7  5 January 1, annually, to the members of the general assembly
  7  6 regarding communications interoperability efforts, activities,
  7  7 and effectiveness at the local and regional level.  The report
  7  8 is to include the status of efforts to develop the statewide
  7  9 integrated public safety communications interoperability
  7 10 system and funding requirements.
  7 11 LSB 5933SS 81
  7 12 rn:nh/sh/8