Senate File 2232 - Reprinted SENATE FILE 2232 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3104) (As Amended and Passed by the Senate February 25, 2014 ) A BILL FOR An Act relating to the dissemination of information, by 1 establishing a mass notification and emergency messaging 2 system fund, and providing that specified information 3 collected by state departments and agencies for public 4 dissemination of emergency or routine information are 5 considered confidential public records. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 SF 2232 (4) 85 rn/rj/jh

S.F. 2232 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, subsection 67, Code 2014, is amended 11 to read as follows: 12 67. Electronic mail addresses of individuals or phone 13 numbers of individuals, and personally identifiable information 14 about those individuals, collected by state departments and 15 agencies for the sole purpose of disseminating emergency 16 or routine information and notices through electronic 17 communications that are not prepared for a specific recipient. 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- SF 2232 (4) 85 rn/rj/jh 1/ 3

S.F. 2232 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. Information disseminated to the public through the mass 13 notification and emergency messaging system shall be limited 14 to imminent emergency and public safety-related issues. The 15 department may provide access to the system for use at the 16 county and local level. Access by a county or local government 17 shall be at the department’s sole discretion, and if approved 18 by the department, shall be under the control of the local 19 commission. The commission shall establish an operational plan 20 and procedure which meets standards adopted by the department 21 by rule, and shall submit the operational plan and procedure 22 for approval by the department prior to access being granted. 23 Additional access criteria and procedures for administering 24 the fund shall be established by the department by rule. The 25 director may employ such additional staff as may be necessary 26 to administer this section. 27 4. All personal information collected for use in the mass 28 notification and emergency messaging system, including but 29 not limited to the names and contact information of emergency 30 messaging recipients, shall be considered confidential records 31 under section 22.7. The director may, however, provide all 32 or part of such confidential information to state or local 33 governmental agencies possessing emergency planning or response 34 functions if the director is satisfied that the need to know 35 -2- SF 2232 (4) 85 rn/rj/jh 2/ 3

S.F. 2232 the information and its intended use are reasonable. An agency 1 receiving confidential information pursuant to this subsection 2 shall not redisseminate the information in any form without 3 prior approval by the director. The release of confidential 4 information by the department, a county or local government, or 5 a state or local governmental agency other than as authorized 6 pursuant to this section, and the sale of such confidential 7 information, is strictly prohibited. 8 -3- SF 2232 (4) 85 rn/rj/jh 3/ 3