House File 512 - Introduced HOUSE FILE BY FORD Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act expanding access to the Iowa communications network to 2 include the Iowa national guard and the military division of 3 the department of public defense for specified purposes. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2415YH 82 6 rn/es/88 PAG LIN 1 1 Section 1. Section 8D.2, subsection 5, paragraph b, Code 1 2 2007, is amended to read as follows: 1 3 b. (1) For the purposes of this chapter, "public agency" 1 4 also includes any homeland security or defense facility or 1 5 disaster response agency established by the administrator of 1 6 the homeland security and emergency management division of the 1 7 department of public defense or the governor or any facility 1 8 connected with a security or defense system or disaster 1 9 response as required by the administrator of the homeland 1 10 security and emergency management division of the department 1 11 of public defense or the governor. 1 12 (2) For the purposes of this chapter, "public agency" 1 13 shall additionally include the Iowa national guard and the 1 14 military division of the department of public defense. 1 15 Sec. 2. Section 8D.9, subsection 3, Code 2007, is amended 1 16 to read as follows: 1 17 3. a. A facility that is considered a public agency 1 18 pursuant to section 8D.2, subsection 5, paragraph "b", 1 19 subparagraph (1), shall be authorized to access the Iowa 1 20 communications networkstrictlyfor homeland security 1 21 communication purposes and disaster communication purposes as 1 22 defined in section 29C.2.Any utilization of the network that 1 23 is not related to communications concerning homeland security 1 24 or a disaster, as defined in section 29C.2, is expressly 1 25 prohibited.Access under thissubsectionparagraph "a" shall 1 26 be availableonlyif a state of disaster emergency is 1 27 proclaimed by the governor pursuant to section 29C.6 or a 1 28 homeland security or disaster event occurs requiring 1 29 connection of disparate communications systems between public 1 30 agencies to provide for a multiagency or multijurisdictional 1 31 response. Access shall continueonlyfor the period of time 1 32 the homeland security or disaster event exists. For purposes 1 33 of thissubsectionparagraph "a", disaster communication 1 34 purposes includes training and exercising for a disaster if 1 35 public notice of the training and exercising session is posted 2 1 on the website of the homeland security and emergency 2 2 management division of the department of public defense. A 2 3 scheduled and noticed training and exercising session shall 2 4 not exceed five days. 2 5 b. A facility that is considered a public agency pursuant 2 6 to section 8D.2, subsection 5, paragraph "b", subparagraph 2 7 (2), shall be authorized to access the Iowa communications 2 8 network for purposes of state or national security and 2 9 defense. Access under this paragraph "b" shall be available 2 10 upon order of the adjutant general or the governor for 2 11 purposes of state or national security and defense for a 2 12 duration and to an extent determined by the adjutant general 2 13 or the governor. 2 14 c. Interpretation and application of the provisions of 2 15 this subsection shall be strictly construed. 2 16 EXPLANATION 2 17 This bill provides that the Iowa national guard and the 2 18 military services division of the department of public defense 2 19 shall be authorized to access the Iowa communications network 2 20 upon order of the adjutant general or the governor. Access 2 21 shall be authorized for purposes of state or national security 2 22 and defense, and shall be granted for a duration and to an 2 23 extent as determined by the adjutant general or the governor. 2 24 The bill makes changes to Code chapter 8D consistent with 2 25 this expanded access. 2 26 LSB 2415YH 82 2 27 rn:nh/es/88