Bill Text: IA HSB222 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to access to the statewide interoperable communications system, and providing an effective date.

Spectrum: Committee Bill

Status: (N/A - Dead) 2019-03-04 - Subcommittee Meeting: 03/05/2019 8:30AM House Lounge. [HSB222 Detail]

Download: Iowa-2019-HSB222-Introduced.html
House Study Bill 222 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON KLEIN) A BILL FOR An Act relating to access to the statewide interoperable 1 communications system, and providing an effective date. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2628YC (3) 88 as/lh
H.F. _____ Section 1. NEW SECTION . 80.30 Statewide interoperable 1 communications system —— user application. 2 1. As used in this section: 3 a. “Board” means the statewide interoperable communications 4 system board established in section 80.28. 5 b. “Governmental entity” means an entity that is an agency 6 of state or federal government, a political subdivision of this 7 state, or a separate legal or administrative entity created 8 pursuant to chapter 28E. 9 c. “Public safety entity” means any of the following: 10 (1) Law enforcement agencies which employ one or more sworn 11 law enforcement officers. 12 (2) Fire departments, including paid or volunteer fire 13 departments, and benefited fire districts. 14 (3) Emergency medical services providers, whether paid 15 or volunteer, including but not limited to first responders, 16 emergency medical technicians, paramedics, and ambulance 17 services. 18 (4) Emergency 911 dispatch entities. 19 (5) Department of corrections facilities which employ one 20 or more correctional officers. 21 (6) Hazardous materials teams that are part of a law 22 enforcement agency, a fire department, or other governmental 23 entity. 24 (7) The Iowa national guard. 25 (8) Private safety entities which provide emergency fire, 26 ambulance, or medical services whether by full or part-time 27 employees or on a volunteer basis, including but not limited 28 to medical or osteopathic hospitals, clinics, or treatment 29 facilities. 30 (9) Any other entity deemed to be a public safety entity by 31 the statewide interoperable communications system board. 32 d. “Public services entity” means any of the following: 33 (1) Entities which provide water or sewer services. 34 (2) Public health entities. 35 -1- LSB 2628YC (3) 88 as/lh 1/ 6
H.F. _____ (3) Emergency management agencies. 1 (4) Nuclear power facilities and nuclear power plant 2 incident responders. 3 (5) Hazardous materials teams other than those defined in 4 paragraph “c” , subparagraph (6). 5 (6) Search and rescue or search and recovery teams. 6 (7) Highway transportation maintenance including but not 7 limited to the Iowa department of transportation and local 8 county engineers. 9 (8) Snow removal agencies. 10 (9) Waste removal agencies. 11 (10) Utilities which provide electric, gas, or other 12 services. 13 (11) College or university services. 14 (12) Schools and school districts. 15 (13) Airports and aviation services. 16 (14) Towing services. 17 (15) Any other entity deemed to be a public services entity 18 by the statewide interoperable communications system board. 19 e. “System” means the Iowa statewide interoperable 20 communications system. 21 2. a. A governmental entity, public safety entity, or 22 public services entity requesting access to the system shall 23 send a letter of intent meeting the requirements established by 24 the board to join the system to the chairperson of the board. A 25 sample letter of intent shall be placed on the board website. 26 b. The entity requesting access to the system shall also 27 file an application for access with the board on a form 28 provided by the board. Copies of the form shall be accessible 29 through the board’s website. The entity requesting access 30 shall file the form and any requested information with the 31 board. 32 c. A governmental entity may also send a letter of intent 33 and file an application requesting system access for any 34 nongovernmental entity located in the governmental entity’s 35 -2- LSB 2628YC (3) 88 as/lh 2/ 6
H.F. _____ jurisdiction which the governmental entity believes should have 1 access to the system. The nongovernmental entity does not need 2 to be a public safety entity or a public services entity to 3 qualify for access under this paragraph. 4 3. The chairperson of the board shall forward the letter of 5 intent and the application to a user group committee. The user 6 group committee shall review the letter and determine whether 7 the entity requesting access to the system is a governmental 8 entity, public safety entity, or public services entity as 9 defined in subsection 1. 10 4. If the user group committee determines that the requestor 11 is a governmental entity, public safety entity, or public 12 services entity as defined in subsection 1, the letter and the 13 application shall be forwarded to the board for final approval. 14 5. Within ninety days from the receipt of the application, 15 the board shall approve the application if the entity 16 requesting access to the system is a governmental entity, 17 public safety entity, or public services entity as defined in 18 subsection 1. Within ninety days of receipt of an application, 19 the board shall also approve an application by a governmental 20 entity requesting system access be given to a nongovernmental 21 entity within the governmental entity’s jurisdiction that the 22 governmental entity believes should have access to the system. 23 6. Upon approval of the application, the board shall provide 24 the approved governmental, public safety, or public services 25 entity or nongovernmental entity with access to the appropriate 26 frequencies and with all digital identification and software or 27 authorization necessary to allow the entity to join the system. 28 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 29 importance, takes effect upon enactment. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill creates an application process for access to the 34 statewide interoperable communications system. 35 -3- LSB 2628YC (3) 88 as/lh 3/ 6
H.F. _____ The bill provides a process for a governmental entity, 1 a public safety entity, or a public services entity, or a 2 nongovernmental agency upon request of a governmental entity 3 to gain access to the statewide interoperable communications 4 system. 5 Under the bill, a governmental entity is defined as an agency 6 of state or federal government, a political subdivision of this 7 state, or a separate legal or administrative entity created 8 pursuant to Code chapter 28E. 9 “Public safety entity” is defined under the bill to include 10 any of the following: law enforcement agencies which employ 11 one or more sworn law enforcement officers; fire departments, 12 including paid or volunteer fire departments and benefitted 13 fire districts; emergency medical services providers including 14 but not limited to first responders, emergency medical 15 technicians, paramedics, and ambulance services, whether paid 16 or volunteer; emergency 911 dispatch entities; department of 17 corrections facilities which employ one or more correctional 18 officers; hazardous materials teams that are part of a law 19 enforcement agency, a fire department, or other governmental 20 entity; the Iowa national guard; private safety entities 21 which provide emergency fire, ambulance, or medical services 22 whether by full or part-time employees or on a volunteer basis 23 including but not limited to medical or osteopathic hospitals, 24 clinics, or treatment facilities; and any other entity deemed 25 to be a public safety entity by the statewide interoperable 26 communications system board. 27 The bill provides that a public services entity means 28 any of the following: entities which provide water or sewer 29 services; public health entities; emergency management 30 agencies; nuclear power facilities and nuclear power plant 31 incident responders; hazardous materials teams other than those 32 that are part of a law enforcement agency, a fire department, 33 or other governmental entity; search and rescue or search 34 recovery teams; highway transportation maintenance including 35 -4- LSB 2628YC (3) 88 as/lh 4/ 6
H.F. _____ but not limited to the Iowa department of transportation and 1 local county engineers; snow removal agencies; waste removal 2 agencies; utilities which provide electric, gas, or other 3 services; college or university services; schools and school 4 districts; airports and aviation services; towing services; and 5 any other entity deemed to be a public services entity by the 6 statewide interoperable communications system board. 7 The bill provides that a governmental entity, public safety 8 entity, or public services entity requesting access to the 9 system must initially send a letter of intent to join the 10 system to the chairperson of the board. A sample of a letter 11 of intent can be found on the board website. The entity is 12 also required to file an application for access with the board 13 on a form provided by the board and supply all requested 14 information to the board. A governmental entity may also 15 file an application requesting system access on behalf of a 16 nongovernmental entity, which does not need to be a public 17 safety entity or a public services entity, that is located in 18 the governmental entity’s jurisdiction, if the governmental 19 entity believes the nongovernmental entity should be allowed 20 access to the system. An application filed in this manner 21 will be presented directly to the board for approval without 22 going to a user group committee as required in the following 23 paragraph. 24 The bill requires the chairperson of the board to provide 25 the letter of intent to a user group committee for the 26 purpose of determining whether the entity requesting access 27 to the system meets the definition of a governmental entity, 28 public safety entity, or public services entity. If the user 29 group committee determines that the requestor does meet the 30 definition, the application shall be forwarded to the board 31 for final approval. Within 90 days from the receipt of an 32 application by a governmental entity, public safety entity, 33 or public services entity, the board is required to approve 34 the application. The board is also required to approve an 35 -5- LSB 2628YC (3) 88 as/lh 5/ 6
H.F. _____ application for access to the system by a governmental entity 1 on behalf of a nongovernmental entity within the governmental 2 entity’s jurisdiction who the governmental entity believes 3 should have access to the system within 90 days of receipt of 4 the application. Upon approval of the application, the board 5 shall provide the approved entity or nongovernmental entity 6 with access to the appropriate frequencies and with all digital 7 identification and software or authorization necessary to allow 8 the entity to join the system. 9 The bill takes effect upon enactment. 10 -6- LSB 2628YC (3) 88 as/lh 6/ 6
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