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:
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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