Bill Text: IA SF2232 | 2013-2014 | 85th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to the dissemination of information, by establishing a mass notification and emergency messaging system fund, and providing that specified information collected by state departments and agencies for public dissemination of emergency or routine information are considered confidential public records. (Formerly SSB 3104.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2014-04-16 - Amendment H-8281 filed. H.J. 764. [SF2232 Detail]

Download: Iowa-2013-SF2232-Introduced.html
Senate File 2232 - Introduced SENATE FILE 2232 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3104) A BILL FOR An Act establishing a mass notification and emergency messaging 1 system fund. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5256SV (3) 85 rn/rj
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, Code 2014, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 68. Information collected for use in 13 administrating and operating the mass notification and 14 emergency messaging system established pursuant to section 15 29C.17A. However, personal information may be disclosed to 16 governmental agencies under the circumstances specified in that 17 section. 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- LSB 5256SV (3) 85 rn/rj 1/ 5
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 or 32 part of such confidential information to federal, state, or 33 local governmental agencies possessing emergency planning or 34 response functions if the director is satisfied that the need 35 -2- LSB 5256SV (3) 85 rn/rj 2/ 5
S.F. 2232 to know the information and its intended use are reasonable. 1 An agency receiving confidential information pursuant to this 2 subsection shall not redisseminate the information in any form 3 without prior approval by the director. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill establishes a mass notification and emergency 8 messaging system fund. 9 The bill defines “mass notification and emergency messaging 10 system” to mean a system which disseminates emergency 11 and public safety related information to the public by 12 various means including but not limited to telephone, 13 wireless communications service, dual party relay service or 14 telecommunications device, text messaging, electronic mail, 15 and facsimile, and which integrates with federal emergency 16 messaging systems. 17 The bill commences with a session law provision expressing 18 the legislative intent that the mass notification and emergency 19 messaging system fund receive an annual appropriation to ensure 20 that the system functions throughout the state on an ongoing 21 basis. 22 The bill creates the fund in the state treasury under the 23 control of the department, consisting of moneys appropriated 24 by the general assembly and any other moneys available to and 25 obtained or accepted by the department for placement in the 26 fund. The bill provides that, notwithstanding Code section 27 12C.7, interest or earnings on moneys in the fund shall be 28 credited to the fund, and that, notwithstanding Code section 29 8.33, moneys credited to the fund that remain unexpended or 30 unobligated at the end of a fiscal year shall not revert to any 31 other fund. 32 The bill provides that amounts contained in the fund shall 33 be used exclusively to provide for the purchase and ongoing 34 operation of a system capable of providing mass notification 35 -3- LSB 5256SV (3) 85 rn/rj 3/ 5
S.F. 2232 and emergency messaging to the public. The system shall be 1 purchased from a vendor selected by the department pursuant to 2 a competitive bidding process, and shall, once purchased, be 3 under the control of the department. 4 The bill specifies that information disseminated to the 5 public through the mass notification and emergency messaging 6 system shall be limited to imminent emergency and public 7 safety-related issues. The bill authorizes the department 8 to provide access to the system for use at the county and 9 local level. Access by a county or local government shall be 10 at the department’s sole discretion, and if approved by the 11 department, shall be under the control of the local emergency 12 management commission or joint emergency management commission. 13 The bill states that such commission shall establish an 14 operational plan and procedure which meets standards adopted by 15 the department by rule, and shall submit the operational plan 16 and procedure for approval by the department prior to access 17 being granted. Additional access criteria and procedures for 18 administering the fund are to be established by the department 19 by rule, and the director is authorized to employ such 20 additional staff as may be necessary to administer and operate 21 the system. 22 The bill provides that all personal information collected 23 for use in the system, including but not limited to the names 24 and contact information of emergency messaging recipients, 25 shall be considered confidential records under Code section 26 22.7. The bill authorizes the director, however, to provide 27 all or part of such confidential information to federal, state, 28 or local governmental agencies possessing emergency planning or 29 response functions if the director is satisfied that the need 30 to know the information and its intended use are reasonable. 31 The bill states that an agency receiving confidential 32 information pursuant to this exception shall not redisseminate 33 the information in any form without prior approval by 34 the director. A corresponding provision is added to the 35 -4- LSB 5256SV (3) 85 rn/rj 4/ 5
S.F. 2232 confidential records provisions contained in Code section 22.7. 1 -5- LSB 5256SV (3) 85 rn/rj 5/ 5
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