ARC 4769C

ARC 4769C

HOMELAND SECURITY AND EMERGENCY

MANAGEMENT DEPARTMENT[605]

Notice of Intended Action

Proposing rule making related to joint 911 service boards

and providing an opportunity for public comment

The Homeland Security and Emergency Management Department hereby proposes to amend Chapter 10, "911 Telephone Systems," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 34A.22.

State or Federal Law Implemented

This rule making implements, in whole or in part, 2019 Iowa Acts, House File 516.

Purpose and Summary

The proposed amendments add the sheriff of each county and the chief of police of each city operating a public safety answering point (PSAP) as voting members of their respective county's joint 911 service board.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa, since the rule making deals only with membership of joint 911 service boards.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 10, 2019. Comments should be directed to:

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making actions are proposed:

Item 1. Amend paragraph 10.3(1)"a" as follows:

a. Each political subdivision of the state , having a public safety agency serving territory within the county 911 service area , and each local emergency management agency as defined in Iowa Code section 29C.2 operating within the 911 service area is entitled to one voting membership. The sheriff of each county, or the sheriff's designee, is entitled to voting membership on the county's joint 911 service board. The chief of police of each city operating a public safety answering point, or the chief of police's designee, is entitled to voting membership on the joint 911 service board of the county where the city is located. For the purposes of this paragraph, a township that operates a volunteer fire department providing fire protection services to the township, or a city that provides fire protection services through the operation of a volunteer fire department not financed through the operation of city government, shall be considered a political subdivision of the state having a public safety agency serving territory within the county.

Item 2. Amend 605—Chapter 10, implementation sentence, as follows:

These rules are intended to implement Iowa Code chapter 34A as amended by 2017 Iowa Acts, Senate File 500.