House Study Bill 222 - IntroducedA Bill ForAn Act 1relating to access to the statewide interoperable
2communications system, and providing an effective date.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  80.30  Statewide interoperable
2communications system — user application.
   31.  As used in this section:
   4a.  “Board” means the statewide interoperable communications
5system board established in section 80.28.
   6b.  “Governmental entity” means an entity that is an agency
7of state or federal government, a political subdivision of this
8state, or a separate legal or administrative entity created
9pursuant to chapter 28E.
   10c.  “Public safety entity” means any of the following:
   11(1)  Law enforcement agencies which employ one or more sworn
12law enforcement officers.
   13(2)  Fire departments, including paid or volunteer fire
14departments, and benefited fire districts.
   15(3)  Emergency medical services providers, whether paid
16or volunteer, including but not limited to first responders,
17emergency medical technicians, paramedics, and ambulance
18services.
   19(4)  Emergency 911 dispatch entities.
   20(5)  Department of corrections facilities which employ one
21or more correctional officers.
   22(6)  Hazardous materials teams that are part of a law
23enforcement agency, a fire department, or other governmental
24entity.
   25(7)  The Iowa national guard.
   26(8)  Private safety entities which provide emergency fire,
27ambulance, or medical services whether by full or part-time
28employees or on a volunteer basis, including but not limited
29to medical or osteopathic hospitals, clinics, or treatment
30facilities.
   31(9)  Any other entity deemed to be a public safety entity by
32the statewide interoperable communications system board.
   33d.  “Public services entity” means any of the following:
   34(1)  Entities which provide water or sewer services.
   35(2)  Public health entities.
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   1(3)  Emergency management agencies.
   2(4)  Nuclear power facilities and nuclear power plant
3incident responders.
   4(5)  Hazardous materials teams other than those defined in
5paragraph “c”, subparagraph (6).
   6(6)  Search and rescue or search and recovery teams.
   7(7)  Highway transportation maintenance including but not
8limited to the Iowa department of transportation and local
9county engineers.
   10(8)  Snow removal agencies.
   11(9)  Waste removal agencies.
   12(10)  Utilities which provide electric, gas, or other
13services.
   14(11)  College or university services.
   15(12)  Schools and school districts.
   16(13)  Airports and aviation services.
   17(14)  Towing services.
   18(15)  Any other entity deemed to be a public services entity
19by the statewide interoperable communications system board.
   20e.  “System” means the Iowa statewide interoperable
21communications system.
   222.  a.  A governmental entity, public safety entity, or
23public services entity requesting access to the system shall
24send a letter of intent meeting the requirements established by
25the board to join the system to the chairperson of the board. A
26sample letter of intent shall be placed on the board website.
   27b.  The entity requesting access to the system shall also
28file an application for access with the board on a form
29provided by the board. Copies of the form shall be accessible
30through the board’s website. The entity requesting access
31shall file the form and any requested information with the
32board.
   33c.  A governmental entity may also send a letter of intent
34and file an application requesting system access for any
35nongovernmental entity located in the governmental entity’s
-2-1jurisdiction which the governmental entity believes should have
2access to the system. The nongovernmental entity does not need
3to be a public safety entity or a public services entity to
4qualify for access under this paragraph.
   53.  The chairperson of the board shall forward the letter of
6intent and the application to a user group committee. The user
7group committee shall review the letter and determine whether
8the entity requesting access to the system is a governmental
9entity, public safety entity, or public services entity as
10defined in subsection 1.
   114.  If the user group committee determines that the requestor
12is a governmental entity, public safety entity, or public
13services entity as defined in subsection 1, the letter and the
14application shall be forwarded to the board for final approval.
   155.  Within ninety days from the receipt of the application,
16the board shall approve the application if the entity
17requesting access to the system is a governmental entity,
18public safety entity, or public services entity as defined in
19subsection 1. Within ninety days of receipt of an application,
20the board shall also approve an application by a governmental
21entity requesting system access be given to a nongovernmental
22entity within the governmental entity’s jurisdiction that the
23governmental entity believes should have access to the system.
   246.  Upon approval of the application, the board shall provide
25the approved governmental, public safety, or public services
26entity or nongovernmental entity with access to the appropriate
27frequencies and with all digital identification and software or
28authorization necessary to allow the entity to join the system.
29   Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate
30importance, takes effect upon enactment.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
   34This bill creates an application process for access to the
35statewide interoperable communications system.
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   1The bill provides a process for a governmental entity,
2a public safety entity, or a public services entity, or a
3nongovernmental agency upon request of a governmental entity
4to gain access to the statewide interoperable communications
5system.
   6Under the bill, a governmental entity is defined as an agency
7of state or federal government, a political subdivision of this
8state, or a separate legal or administrative entity created
9pursuant to Code chapter 28E.
   10“Public safety entity” is defined under the bill to include
11any of the following: law enforcement agencies which employ
12one or more sworn law enforcement officers; fire departments,
13including paid or volunteer fire departments and benefitted
14fire districts; emergency medical services providers including
15but not limited to first responders, emergency medical
16technicians, paramedics, and ambulance services, whether paid
17or volunteer; emergency 911 dispatch entities; department of
18corrections facilities which employ one or more correctional
19officers; hazardous materials teams that are part of a law
20enforcement agency, a fire department, or other governmental
21entity; the Iowa national guard; private safety entities
22which provide emergency fire, ambulance, or medical services
23whether by full or part-time employees or on a volunteer basis
24including but not limited to medical or osteopathic hospitals,
25clinics, or treatment facilities; and any other entity deemed
26to be a public safety entity by the statewide interoperable
27communications system board.
   28The bill provides that a public services entity means
29any of the following: entities which provide water or sewer
30services; public health entities; emergency management
31agencies; nuclear power facilities and nuclear power plant
32incident responders; hazardous materials teams other than those
33that are part of a law enforcement agency, a fire department,
34or other governmental entity; search and rescue or search
35recovery teams; highway transportation maintenance including
-4-1but not limited to the Iowa department of transportation and
2local county engineers; snow removal agencies; waste removal
3agencies; utilities which provide electric, gas, or other
4services; college or university services; schools and school
5districts; airports and aviation services; towing services; and
6any other entity deemed to be a public services entity by the
7statewide interoperable communications system board.
   8The bill provides that a governmental entity, public safety
9entity, or public services entity requesting access to the
10system must initially send a letter of intent to join the
11system to the chairperson of the board. A sample of a letter
12of intent can be found on the board website. The entity is
13also required to file an application for access with the board
14on a form provided by the board and supply all requested
15information to the board. A governmental entity may also
16file an application requesting system access on behalf of a
17nongovernmental entity, which does not need to be a public
18safety entity or a public services entity, that is located in
19the governmental entity’s jurisdiction, if the governmental
20entity believes the nongovernmental entity should be allowed
21access to the system. An application filed in this manner
22will be presented directly to the board for approval without
23going to a user group committee as required in the following
24paragraph.
   25The bill requires the chairperson of the board to provide
26the letter of intent to a user group committee for the
27purpose of determining whether the entity requesting access
28to the system meets the definition of a governmental entity,
29public safety entity, or public services entity. If the user
30group committee determines that the requestor does meet the
31definition, the application shall be forwarded to the board
32for final approval. Within 90 days from the receipt of an
33application by a governmental entity, public safety entity,
34or public services entity, the board is required to approve
35the application. The board is also required to approve an
-5-1application for access to the system by a governmental entity
2on behalf of a nongovernmental entity within the governmental
3entity’s jurisdiction who the governmental entity believes
4should have access to the system within 90 days of receipt of
5the application. Upon approval of the application, the board
6shall provide the approved entity or nongovernmental entity
7with access to the appropriate frequencies and with all digital
8identification and software or authorization necessary to allow
9the entity to join the system.
   10The bill takes effect upon enactment.
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