HSB 222 (LSB 2628YC (3) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON KLEIN)

A BILL FOR

An Act relating to access to the statewide interoperable communications system, and providing an effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  80.30  Statewide interoperable communications system —— user application.
   1.  As used in this section:
   a.  “Board” means the statewide interoperable communications system board established in section 80.28.
   b.  “Governmental entity” means an entity that is an agency of state or federal government, a political subdivision of this state, or a separate legal or administrative entity created pursuant to chapter 28E.
   c.  “Public safety entity” means any of the following:
   (1)  Law enforcement agencies which employ one or more sworn law enforcement officers.
   (2)  Fire departments, including paid or volunteer fire departments, and benefited fire districts.
   (3)  Emergency medical services providers, whether paid or volunteer, including but not limited to first responders, emergency medical technicians, paramedics, and ambulance services.
   (4)  Emergency 911 dispatch entities.
   (5)  Department of corrections facilities which employ one or more correctional officers.
   (6)  Hazardous materials teams that are part of a law enforcement agency, a fire department, or other governmental entity.
   (7)  The Iowa national guard.
   (8)  Private safety entities which provide emergency fire, ambulance, or medical services whether by full or part-time employees or on a volunteer basis, including but not limited to medical or osteopathic hospitals, clinics, or treatment facilities.
   (9)  Any other entity deemed to be a public safety entity by the statewide interoperable communications system board.
   d.  “Public services entity” means any of the following:
   (1)  Entities which provide water or sewer services.
   (2)  Public health entities.
   (3)  Emergency management agencies.
   (4)  Nuclear power facilities and nuclear power plant incident responders.
   (5)  Hazardous materials teams other than those defined in paragraph “c”, subparagraph (6).
   (6)  Search and rescue or search and recovery teams.
   (7)  Highway transportation maintenance including but not limited to the Iowa department of transportation and local county engineers.
   (8)  Snow removal agencies.
   (9)  Waste removal agencies.
   (10)  Utilities which provide electric, gas, or other services.
   (11)  College or university services.
   (12)  Schools and school districts.
   (13)  Airports and aviation services.
   (14)  Towing services.
   (15)  Any other entity deemed to be a public services entity by the statewide interoperable communications system board.
   e.  “System” means the Iowa statewide interoperable communications system.
   2.  a.  A governmental entity, public safety entity, or public services entity requesting access to the system shall send a letter of intent meeting the requirements established by the board to join the system to the chairperson of the board. A sample letter of intent shall be placed on the board website.
   b.  The entity requesting access to the system shall also file an application for access with the board on a form provided by the board. Copies of the form shall be accessible through the board’s website. The entity requesting access shall file the form and any requested information with the board.
   c.  A governmental entity may also send a letter of intent and file an application requesting system access for any nongovernmental entity located in the governmental entity’s jurisdiction which the governmental entity believes should have access to the system. The nongovernmental entity does not need to be a public safety entity or a public services entity to qualify for access under this paragraph.
   3.  The chairperson of the board shall forward the letter of intent and the application to a user group committee. The user group committee shall review the letter and determine whether the entity requesting access to the system is a governmental entity, public safety entity, or public services entity as defined in subsection 1.
   4.  If the user group committee determines that the requestor is a governmental entity, public safety entity, or public services entity as defined in subsection 1, the letter and the application shall be forwarded to the board for final approval.
   5.  Within ninety days from the receipt of the application, the board shall approve the application if the entity requesting access to the system is a governmental entity, public safety entity, or public services entity as defined in subsection 1. Within ninety days of receipt of an application, the board shall also approve an application by a governmental entity requesting system access be given to a nongovernmental entity within the governmental entity’s jurisdiction that the governmental entity believes should have access to the system.
   6.  Upon approval of the application, the board shall provide the approved governmental, public safety, or public services entity or nongovernmental entity with access to the appropriate frequencies and with all digital identification and software or authorization necessary to allow the entity to join the system.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates an application process for access to the statewide interoperable communications system.
   The bill provides a process for a governmental entity, a public safety entity, or a public services entity, or a nongovernmental agency upon request of a governmental entity to gain access to the statewide interoperable communications system.
   Under the bill, a governmental entity is defined as an agency of state or federal government, a political subdivision of this state, or a separate legal or administrative entity created pursuant to Code chapter 28E.
   “Public safety entity” is defined under the bill to include any of the following: law enforcement agencies which employ one or more sworn law enforcement officers; fire departments, including paid or volunteer fire departments and benefitted fire districts; emergency medical services providers including but not limited to first responders, emergency medical technicians, paramedics, and ambulance services, whether paid or volunteer; emergency 911 dispatch entities; department of corrections facilities which employ one or more correctional officers; hazardous materials teams that are part of a law enforcement agency, a fire department, or other governmental entity; the Iowa national guard; private safety entities which provide emergency fire, ambulance, or medical services whether by full or part-time employees or on a volunteer basis including but not limited to medical or osteopathic hospitals, clinics, or treatment facilities; and any other entity deemed to be a public safety entity by the statewide interoperable communications system board.
   The bill provides that a public services entity means any of the following: entities which provide water or sewer services; public health entities; emergency management agencies; nuclear power facilities and nuclear power plant incident responders; hazardous materials teams other than those that are part of a law enforcement agency, a fire department, or other governmental entity; search and rescue or search recovery teams; highway transportation maintenance including but not limited to the Iowa department of transportation and local county engineers; snow removal agencies; waste removal agencies; utilities which provide electric, gas, or other services; college or university services; schools and school districts; airports and aviation services; towing services; and any other entity deemed to be a public services entity by the statewide interoperable communications system board.
   The bill provides that a governmental entity, public safety entity, or public services entity requesting access to the system must initially send a letter of intent to join the system to the chairperson of the board. A sample of a letter of intent can be found on the board website. The entity is also required to file an application for access with the board on a form provided by the board and supply all requested information to the board. A governmental entity may also file an application requesting system access on behalf of a nongovernmental entity, which does not need to be a public safety entity or a public services entity, that is located in the governmental entity’s jurisdiction, if the governmental entity believes the nongovernmental entity should be allowed access to the system. An application filed in this manner will be presented directly to the board for approval without going to a user group committee as required in the following paragraph.
   The bill requires the chairperson of the board to provide the letter of intent to a user group committee for the purpose of determining whether the entity requesting access to the system meets the definition of a governmental entity, public safety entity, or public services entity. If the user group committee determines that the requestor does meet the definition, the application shall be forwarded to the board for final approval. Within 90 days from the receipt of an application by a governmental entity, public safety entity, or public services entity, the board is required to approve the application. The board is also required to approve an application for access to the system by a governmental entity on behalf of a nongovernmental entity within the governmental entity’s jurisdiction who the governmental entity believes should have access to the system within 90 days of receipt of the application. Upon approval of the application, the board shall provide the approved entity or nongovernmental entity with access to the appropriate frequencies and with all digital identification and software or authorization necessary to allow the entity to join the system. 
   The bill takes effect upon enactment.