HSB 198 (LSB 1338YC (1) 91)

HOUSE FILE _____ 

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

A BILL FOR

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

    Section 1.  Section 80.29, subsections 2 and 3, Code 2025, are amended to read as follows:
   2.  Review and monitor communications interoperability performance and service levels on behalf of agencies users.
   3.  Establish, monitor, and maintain appropriate policies and protocols to ensure that interoperable communications systems function properly.  Neither the board nor any subcommittee of the board shall make any standard, rule, or policy that conflicts with this chapter or published administrative rules.
    Sec. 2.  Section 80.29, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  15.  Process all applications for access to the statewide interoperable communications system. The board shall not delegate this responsibility to any other committee, subcommittee, or third party. The approval of an application shall not be delayed by any other committee, subcommittee, or third party. An application for access to the statewide interoperable communications system shall not be delayed or prevented from being forwarded to the board for approval by the board at the board’s next meeting following the submission of an application.
    Sec. 3.  NEW SECTION.  80.29A  Eligibility for access to statewide interoperable communications system.
   1.  For purposes of this section, unless the context otherwise requires:
   a.  “Board” means the statewide interoperable communications system board established in section 80.28.
   b.  “Public entity” means the state, political subdivisions of the state, public school corporations, and all public officers, boards, commissions, departments, agencies, and authorities empowered by law to enter into public contracts for the expenditure of public funds, including the state board of regents and institutions under the control of the state board of regents.
   c.  “Public service organization” means a nongovernmental entity including but not limited to:
   (1)  Railway special agents.
   (2)  Private security agencies that are licensed under chapter 80A.
   (3)  Nuclear power facility responders.
   (4)  Hazardous materials teams.
   (5)  Rescue, search and rescue, and search and recovery teams.
   (6)  Towing services.
   (7)  Entities that provide electric, gas, or other utilities.
   (8)  Airports and aviation services.
   (9)  Any nonprofit or humanitarian organization that helps people prepare for, and respond to, emergencies or disasters.
   (10)  Emergency medical services, including but not limited to first responders, emergency medical technicians, paramedics, or ambulance services, whether paid or volunteer.
   (11)  Private safety entities that provide emergency fire, ambulance, or medical services whether by full-time or part-time employees or on a volunteer basis.
   (12)  Any other public service organization reasonably determined to require direct access to the statewide interoperable communications system.
   d.  “Sponsored system access” means access to the statewide interoperable communications system by any public service organization that is not a qualified public entity or public service organization generally entitled to direct access to the statewide interoperable communications system, but the organization is sponsored by the head of any public entity.
   e.  “User level” means the type of statewide interoperable communications system access provided to any statewide interoperable communications system user. 
   2.  Voice and data access shall be provided by the board to any public entity or public service organization that is qualified to be a statewide interoperable communications system user, or any public service organization that is sponsored by the head of a public entity.
   3.  No public service organization, regardless of whether it has direct or sponsored system access, shall be required to have a contract or agreement with a public entity or other governmental organization in order to qualify for statewide interoperable communications system access. No organization that is sponsored by the head of any public entity shall be denied access to the statewide interoperable communications system.
   4.  There are four user levels allowing various degrees of access to the statewide interoperable communications system platform. A public service organization shall specify the user level required when submitting the initial application for statewide interoperable communications system access. The level of access required is based upon the needs and capabilities of the public service organization. A public service organization may submit a request to change its user level at any time after being approved as a statewide interoperable communications system user. The statewide interoperable communications system board shall approve the user level submitted by a public service organization.
   5.  All equipment and programming costs associated with communications on the statewide interoperable communications system, including encryption equipment, shall be the sole responsibility of the public service organization to purchase, program, and maintain. The state will provide the system access setup, training, support, and electronic codes or keys to public service organizations at no cost.
   6.  A decision by the board to deny access to, or to remove current access to, the statewide interoperable communications system may be appealed by the public service organization to an administrative law judge of the department.
    Sec. 4.  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 requires the statewide interoperable communications system (SICS) board to process all applications for access to the SICS. The board shall not delegate this responsibility to any other committee, subcommittee, or third party. The approval of an application shall not be delayed by any other committee, subcommittee, or third party. An application for access to the SICS shall not be delayed or prevented from being forwarded to the board for approval by the board at the board’s next meeting following the submission of an application.
   The bill requires the board to provide voice and data access to any public entity or public service organization that is qualified to be an SICS user, or any public service organization that is sponsored by the head of a public entity. No public service organization, regardless of whether it has direct or sponsored system access, shall be required to have a contract or agreement with a public entity or other governmental organization in order to qualify for SICS access. A public service organization shall specify the user level required when submitting the initial application for SICS access based upon the needs and capabilities of the public service organization. A request to change user level may be made at any time after approval. The SICS board shall approve the user level submitted by a public service organization.
   The bill provides that all equipment and programming costs associated with communications on the SICS, including encryption equipment, shall be the sole responsibility of the public service organization to purchase, program, and maintain. The state will provide the system access setup, training, support, and electronic codes or keys to public service organizations at no cost.
   A decision by the board to deny access to, or to remove current access to, the SICS may be appealed by the public service organization to an administrative law judge of the department of public safety.
   The bill provides definitions.
   The bill takes effect upon enactment.