S.F. _____ H.F. _____ Section 1. LEGISLATIVE INTENT. It is the intent of the 1 general assembly, in recognition of the establishment of the 2 mass notification and emergency messaging system fund in Code 3 section 29C.17A, and in further recognition of the vital 4 importance of creating and adequately funding a system for 5 providing mass notification and emergency messaging services to 6 the citizens of the state of Iowa, that the mass notification 7 and emergency messaging system fund receive an annual 8 appropriation to ensure that the system functions throughout 9 the state on an ongoing basis. 10 Sec. 2. Section 22.7, Code 2014, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 68. Information collected for use in 13 administrating and operating the mass notification and 14 emergency messaging system established pursuant to section 15 29C.17A. However, personal information may be disclosed to 16 governmental agencies under the circumstances specified in that 17 section. 18 Sec. 3. Section 29C.2, Code 2014, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 6A. “Mass notification and emergency 21 messaging system” means a system which disseminates emergency 22 and public safety related information to the public by 23 various means including but not limited to telephone, 24 wireless communications service, dual party relay service or 25 telecommunications device, text messaging, electronic mail, 26 and facsimile, and which integrates with federal emergency 27 messaging systems. 28 Sec. 4. NEW SECTION . 29C.17A Mass notification and 29 emergency messaging system fund. 30 1. A mass notification and emergency messaging system fund 31 is created in the state treasury under the control of the 32 department. The fund shall consist of moneys appropriated 33 by the general assembly and any other moneys available to 34 and obtained or accepted by the department for placement 35 -1- LSB 5256XD (4) 85 rn/rj 1/ 4

S.F. _____ H.F. _____ in the fund. Notwithstanding section 12C.7, interest or 1 earnings on moneys in the fund shall be credited to the fund. 2 Notwithstanding section 8.33, moneys credited to the fund that 3 remain unexpended or unobligated at the end of a fiscal year 4 shall not revert to any other fund. 5 2. Amounts contained in the fund shall be used exclusively 6 to provide for the purchase and ongoing operation of a system 7 capable of providing mass notification and emergency messaging 8 to the public. The system shall be purchased from a vendor 9 selected by the department pursuant to a competitive bidding 10 process, and shall, once purchased, be under the control of the 11 department. 12 3. The department may provide access to the mass 13 notification and emergency messaging system for use at the 14 county and local level. Access by a county or local government 15 shall be at the department’s sole discretion, and if approved 16 by the department, shall be under the control of the local 17 commission. The commission shall establish an operational plan 18 and procedure which meets standards adopted by the department 19 by rule, and shall submit the operational plan and procedure 20 for approval by the department prior to access being granted. 21 Additional access criteria and procedures for administering 22 the fund shall be established by the department by rule. The 23 director may employ such additional staff as may be necessary 24 to administer this section. 25 4. All personal information collected for use in the mass 26 notification and emergency messaging system, including but 27 not limited to the names and contact information of emergency 28 messaging recipients, shall be considered confidential records 29 under section 22.7. The director may, however, provide all or 30 part of such confidential information to federal, state, or 31 local governmental agencies possessing emergency planning or 32 response functions if the director is satisfied that the need 33 to know the information and its intended use are reasonable. 34 An agency receiving confidential information pursuant to this 35 -2- LSB 5256XD (4) 85 rn/rj 2/ 4

S.F. _____ H.F. _____ subsection shall not redisseminate the information in any form 1 without prior approval by the director. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill establishes a mass notification and emergency 6 messaging system fund. 7 The bill defines “mass notification and emergency messaging 8 system” to mean a system which disseminates emergency 9 and public safety related information to the public by 10 various means including but not limited to telephone, 11 wireless communications service, dual party relay service or 12 telecommunications device, text messaging, electronic mail, 13 and facsimile, and which integrates with federal emergency 14 messaging systems. 15 The bill commences with a session law provision expressing 16 the legislative intent that the mass notification and emergency 17 messaging system fund receive an annual appropriation to ensure 18 that the system functions throughout the state on an ongoing 19 basis. 20 The bill creates the fund in the state treasury under the 21 control of the department, consisting of moneys appropriated 22 by the general assembly and any other moneys available to and 23 obtained or accepted by the department for placement in the 24 fund. The bill provides that, notwithstanding Code section 25 12C.7, interest or earnings on moneys in the fund shall be 26 credited to the fund, and that, notwithstanding Code section 27 8.33, moneys credited to the fund that remain unexpended or 28 unobligated at the end of a fiscal year shall not revert to any 29 other fund. 30 The bill provides that amounts contained in the fund shall 31 be used exclusively to provide for the purchase and ongoing 32 operation of a system capable of providing mass notification 33 and emergency messaging to the public. The system shall be 34 purchased from a vendor selected by the department pursuant to 35 -3- LSB 5256XD (4) 85 rn/rj 3/ 4

S.F. _____ H.F. _____ a competitive bidding process, and shall, once purchased, be 1 under the control of the department. 2 The bill authorizes the department to provide access to 3 the system for use at the county and local level. Access 4 by a county or local government shall be at the department’s 5 sole discretion, and if approved by the department, shall be 6 under the control of the local emergency management commission 7 or joint emergency management commission. The bill states 8 that such commission shall establish an operational plan and 9 procedure which meets standards adopted by the department by 10 rule, and shall submit the operational plan and procedure for 11 approval by the department prior to access being granted. 12 Additional access criteria and procedures for administering the 13 fund are to be established by the department by rule, and the 14 director is authorized to employ such additional staff as may 15 be necessary to administer and operate the system. 16 The bill provides that all personal information collected 17 for use in the system, including but not limited to the names 18 and contact information of emergency messaging recipients, 19 shall be considered confidential records under Code section 20 22.7. The bill authorizes the director, however, to provide 21 all or part of such confidential information to federal, state, 22 or local governmental agencies possessing emergency planning or 23 response functions if the director is satisfied that the need 24 to know the information and its intended use are reasonable. 25 The bill states that an agency receiving confidential 26 information pursuant to this exception shall not redisseminate 27 the information in any form without prior approval by 28 the director. A corresponding provision is added to the 29 confidential records provisions contained in Code chapter 22.7. 30 -4- LSB 5256XD (4) 85 rn/rj 4/ 4