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 network strictly for 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 this subsection paragraph "a" shall
  1 26 be available only if 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 continue only for the period of time
  1 32 the homeland security or disaster event exists.  For purposes
  1 33 of this subsection paragraph "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