House Study Bill 40 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC DEFENSE BILL) A BILL FOR An Act establishing the department of homeland security and 1 emergency management. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1148DP (4) 85 ec/sc

S.F. _____ H.F. _____ Section 1. Section 7E.5, subsection 1, paragraph p, Code 1 2013, is amended to read as follows: 2 p. The department of public defense, created in section 3 29.1 , which has primary responsibility for state military 4 forces and emergency management . 5 Sec. 2. Section 7E.5, subsection 1, Code 2013, is amended by 6 adding the following new paragraph: 7 NEW PARAGRAPH . w. The department of homeland security 8 and emergency management, created in section 29C.5, which has 9 primary responsibility for the administration of emergency 10 planning matters, including emergency resource planning in 11 this state, homeland security activities, and coordination of 12 available services and resources in the event of a disaster to 13 include those services and resources of the federal government 14 and private entities. 15 Sec. 3. Section 8A.202, subsection 5, paragraph e, Code 16 2013, is amended to read as follows: 17 e. (1) The department of public defense , including both 18 the military division and the homeland security and emergency 19 management division, shall not be required to obtain any 20 information technology services pursuant to this subchapter 21 for the department of public defense or its divisions that is 22 provided by the department pursuant to this chapter without the 23 consent of the adjutant general. 24 (2) The department of homeland security and emergency 25 management shall not be required to obtain any information 26 technology services pursuant to this subchapter for the 27 department of homeland security and emergency management that 28 is provided by the department pursuant to this chapter without 29 the consent of the director of the department of homeland 30 security and emergency management. 31 Sec. 4. Section 8D.2, subsection 5, paragraph b, Code 2013, 32 is amended to read as follows: 33 b. For the purposes of this chapter , “public agency” also 34 includes any homeland security or defense facility or disaster 35 -1- LSB 1148DP (4) 85 ec/sc 1/ 27

S.F. _____ H.F. _____ response agency established by the administrator director of 1 the department of homeland security and emergency management 2 division of the department of public defense or the governor 3 or any facility connected with a security or defense system or 4 disaster response as required by the administrator director of 5 the department of homeland security and emergency management 6 division of the department of public defense or the governor. 7 Sec. 5. Section 8D.9, subsection 3, Code 2013, is amended 8 to read as follows: 9 3. A facility that is considered a public agency pursuant 10 to section 8D.2, subsection 5 , paragraph “b” , shall be 11 authorized to access the Iowa communications network strictly 12 for homeland security communication purposes and disaster 13 communication purposes. Any utilization of the network that 14 is not related to communications concerning homeland security 15 or a disaster, as defined in section 29C.2 , is expressly 16 prohibited. Access under this subsection shall be available 17 only if a state of disaster emergency is proclaimed by the 18 governor pursuant to section 29C.6 or a homeland security 19 or disaster event occurs requiring connection of disparate 20 communications systems between public agencies to provide 21 for a multiagency or multijurisdictional response. Access 22 shall continue only for the period of time the homeland 23 security or disaster event exists. For purposes of this 24 subsection , disaster communication purposes includes training 25 and exercising for a disaster if public notice of the training 26 and exercising session is posted on the website internet site 27 of the department of homeland security and emergency management 28 division of the department of public defense . A scheduled and 29 noticed training and exercising session shall not exceed five 30 days. Interpretation and application of the provisions of this 31 subsection shall be strictly construed. 32 Sec. 6. Section 16.191, subsection 2, paragraph e, Code 33 2013, is amended to read as follows: 34 e. The administrator director of the department of homeland 35 -2- LSB 1148DP (4) 85 ec/sc 2/ 27

S.F. _____ H.F. _____ security and emergency management division of the department of 1 public defense or the administrator’s director’s designee. 2 Sec. 7. Section 22.7, subsection 45, Code 2013, is amended 3 to read as follows: 4 45. The critical asset protection plan or any part of the 5 plan prepared pursuant to section 29C.8 and any information 6 held by the department of homeland security and emergency 7 management division that was supplied to the division 8 department by a public or private agency or organization and 9 used in the development of the critical asset protection plan 10 to include, but not be limited to, surveys, lists, maps, or 11 photographs. However, the administrator director shall make 12 the list of assets available for examination by any person. 13 A person wishing to examine the list of assets shall make 14 a written request to the administrator director on a form 15 approved by the administrator director . The list of assets may 16 be viewed at the division’s department’s offices during normal 17 working hours. The list of assets shall not be copied in any 18 manner. Communications and asset information not required by 19 law, rule, or procedure that are provided to the administrator 20 director by persons outside of government and for which the 21 administrator director has signed a nondisclosure agreement are 22 exempt from public disclosures. The department of homeland 23 security and emergency management division may provide all or 24 part of the critical asset plan to federal, state, or local 25 governmental agencies which have emergency planning or response 26 functions if the administrator director is satisfied that 27 the need to know and intended use are reasonable. An agency 28 receiving critical asset protection plan information from the 29 division department shall not redisseminate the information 30 without prior approval of the administrator director . 31 Sec. 8. Section 23A.2, subsection 10, paragraph m, Code 32 2013, is amended to read as follows: 33 m. The repair, calibration, or maintenance of radiological 34 detection equipment by the department of homeland security 35 -3- LSB 1148DP (4) 85 ec/sc 3/ 27

S.F. _____ H.F. _____ and emergency management division of the department of public 1 defense . 2 Sec. 9. Section 29.1, Code 2013, is amended to read as 3 follows: 4 29.1 Department of public defense. 5 The department of public defense is composed of the military 6 division and the homeland security and emergency management 7 division office of the adjutant general and the military forces 8 of the state of Iowa . The adjutant general is the director of 9 the department of public defense and the budget and personnel 10 of all of the divisions are subject to the approval of the 11 adjutant general shall perform all functions, responsibilities, 12 powers, and duties over the military forces of the state of 13 Iowa as provided in the laws of the state . The Iowa emergency 14 response commission established by section 30.2 is attached to 15 the department of public defense for organizational purposes. 16 Sec. 10. Section 29.2A, Code 2013, is amended to read as 17 follows: 18 29.2A Airport fire fighters —— maximum age. 19 The maximum age for a person to be employed as an airport 20 fire fighter by the military division of the department of 21 public defense is sixty-five years of age. 22 Sec. 11. Section 29A.3A, subsection 4, paragraph a, Code 23 2013, is amended to read as follows: 24 a. Operations and administration of the civil air patrol 25 relating to missions not qualifying for federal mission status 26 shall be funded by the state from moneys appropriated to the 27 department of homeland security and emergency management 28 division of the department of public defense for that purpose. 29 Sec. 12. Section 29A.12, subsection 1, Code 2013, is amended 30 to read as follows: 31 1. The adjutant general shall have command and control of 32 the military division department of public defense , and perform 33 such duties as pertain to the office of the adjutant general 34 under law and regulations, pursuant to the authority vested in 35 -4- LSB 1148DP (4) 85 ec/sc 4/ 27

S.F. _____ H.F. _____ the adjutant general by the governor. The adjutant general 1 shall superintend the preparation of all letters and reports 2 required by the United States from the state, and perform all 3 the duties prescribed by law. The adjutant general shall 4 have charge of the state military reservations, and all other 5 property of the state kept or used for military purposes. The 6 adjutant general may accept and expend nonappropriated funds 7 in accordance with law and regulations. The adjutant general 8 shall cause an inventory to be taken at least once each year 9 of all military stores, property, and funds under the adjutant 10 general’s jurisdiction. In each year preceding a regular 11 session of the general assembly, the adjutant general shall 12 prepare a detailed report of the transactions of that office, 13 its expenses, and other matters required by the governor for 14 the period since the last preceding report, and the governor 15 may at any time require a similar report. 16 Sec. 13. Section 29A.56, Code 2013, is amended to read as 17 follows: 18 29A.56 Special police. 19 The adjutant general may by order entered of record 20 commission one or more of the employees of the military 21 division department of public defense as special police. Such 22 special police shall on the premises of any state military 23 reservation or other state military property have and exercise 24 the powers of regular peace officers. 25 Sec. 14. Section 29C.1, subsection 1, Code 2013, is amended 26 to read as follows: 27 1. To establish a department of homeland security 28 and emergency management division of the department of 29 public defense and to authorize the establishment of local 30 organizations for emergency management in the political 31 subdivisions of the state. 32 Sec. 15. Section 29C.2, Code 2013, is amended by adding the 33 following new subsections: 34 NEW SUBSECTION . 1A. “Department” means the department of 35 -5- LSB 1148DP (4) 85 ec/sc 5/ 27

S.F. _____ H.F. _____ homeland security and emergency management. 1 NEW SUBSECTION . 1B. “Director” means the director of the 2 department of homeland security and emergency management. 3 Sec. 16. Section 29C.5, Code 2013, is amended to read as 4 follows: 5 29C.5 Homeland Department of homeland security and emergency 6 management division . 7 A The department of homeland security and emergency 8 management division is created within the department of public 9 defense . The department of homeland security and emergency 10 management division shall be responsible for the administration 11 of emergency planning matters, including emergency resource 12 planning in this state, cooperation with, support of, funding 13 for, and tasking of the civil air patrol for missions not 14 qualifying for federal mission status as described in section 15 29A.3A in accordance with operational and funding criteria 16 developed with the adjutant general and coordinated with 17 the civil air patrol, homeland security activities, and 18 coordination of available services and resources in the event 19 of a disaster to include those services and resources of the 20 federal government and private entities . The Iowa emergency 21 response commission established by section 30.2 is attached to 22 the department of homeland security and emergency management 23 for organizational purposes. 24 Sec. 17. Section 29C.8, Code 2013, is amended to read as 25 follows: 26 29C.8 Powers and duties of administrator director . 27 1. The department of homeland security and emergency 28 management division shall be under the management of an 29 administrator a director appointed by the governor. 30 2. The administrator director shall be vested with the 31 authority to administer emergency management and homeland 32 security affairs in this state and shall be responsible for 33 preparing and executing the emergency management and homeland 34 security programs of this state subject to the direction of the 35 -6- LSB 1148DP (4) 85 ec/sc 6/ 27

S.F. _____ H.F. _____ adjutant general governor . In the event of a disaster beyond 1 local control, the director may assume direct operational 2 control over all or any part of the emergency management 3 functions within this state. 4 3. The administrator director , upon the direction of 5 the governor and supervisory control of the director of the 6 department of public defense , shall: 7 a. Prepare a comprehensive emergency plan and emergency 8 management program for homeland security, disaster 9 preparedness, response, recovery, mitigation, emergency 10 operation, and emergency resource management of this state. 11 The plan and program shall be integrated into and coordinated 12 with the homeland security and emergency plans of the federal 13 government and of other states to the fullest possible extent 14 and . The director shall also coordinate the preparation of 15 plans and programs for emergency management of the political 16 subdivisions and various state departments of this state. 17 The plans shall be integrated into and coordinated with a 18 comprehensive state homeland security and emergency program for 19 this state as coordinated by the administrator of the homeland 20 security and emergency management division director to the 21 fullest possible extent. 22 b. Make such studies and surveys of the industries, 23 resources, and facilities in this state as may be necessary to 24 ascertain the vulnerabilities of critical state infrastructure 25 and assets to attack and the capabilities of the state for 26 disaster recovery, disaster planning and operations, and 27 emergency resource management, and to plan for the most 28 efficient emergency use thereof. 29 c. Provide technical assistance to any commission requiring 30 the assistance in the development of an emergency management 31 or homeland security program. 32 d. Implement planning and training for emergency response 33 teams as mandated by the federal government under the 34 Comprehensive Environmental Response, Compensation, and 35 -7- LSB 1148DP (4) 85 ec/sc 7/ 27

S.F. _____ H.F. _____ Liability Act of 1980 as amended by the Superfund Amendments 1 and Reauthorization Act of 1986, 42 U.S.C. § 9601 et seq. 2 e. Prepare a critical asset protection plan that contains 3 an inventory of infrastructure, facilities, systems, other 4 critical assets, and symbolic landmarks; an assessment of the 5 criticality, vulnerability, and level of threat to the assets; 6 and information pertaining to the mobilization, deployment, and 7 tactical operations involved in responding to or protecting the 8 assets. 9 f. Approve and support the development and ongoing 10 operations of homeland security and emergency response teams to 11 be deployed as a resource to supplement and enhance disrupted 12 or overburdened local emergency and disaster operations and 13 deployed as available to provide assistance to other states 14 pursuant to the interstate emergency management assistance 15 compact described in section 29C.21 . The following shall apply 16 to homeland security and emergency response teams: 17 (1) A member of a homeland security and emergency response 18 team acting under this section upon the directive of the 19 administrator director or pursuant to a governor’s disaster 20 proclamation as provided in section 29C.6 shall be considered 21 an employee of the state for purposes of section 29C.21 and 22 chapter 669 and shall be afforded protection as an employee 23 of the state under section 669.21 . Disability, workers’ 24 compensation, and death benefits for team members working 25 under the authority of the administrator director or pursuant 26 to the provisions of section 29C.6 shall be paid by the 27 state in a manner consistent with the provisions of chapter 28 85 , 410 , or 411 as appropriate, depending on the status of 29 the member, provided that the member is registered with the 30 homeland security and emergency management division department 31 as a member of an approved team and is participating as a 32 team member in a response or recovery operation initiated 33 by the administrator director or governor pursuant to this 34 section or in a training or exercise activity approved by the 35 -8- LSB 1148DP (4) 85 ec/sc 8/ 27

S.F. _____ H.F. _____ administrator director . 1 (2) Each approved homeland security and emergency 2 management response team shall establish standards for 3 team membership, shall provide the division department with 4 a listing of all team members, and shall update the list 5 each time a member is removed from or added to the team. 6 Individuals so identified as team members shall be considered 7 to be registered as team members for purposes of subparagraph 8 (1). 9 (3) Upon notification of a compensable loss to a member of 10 a homeland security and emergency management response team, the 11 department of administrative services shall process the claim 12 and seek authorization from the executive council to pay as an 13 expense paid from the appropriations addressed in section 7D.29 14 those costs associated with covered benefits. 15 g. Implement and support the national incident management 16 system as established by the United States department of 17 homeland security to be used by state agencies and local and 18 tribal governments to facilitate efficient and effective 19 assistance to those affected by emergencies and disasters. 20 h. Carry out duties related to the flood mitigation program 21 and the flood mitigation board under chapter 418 . 22 4. The administrator director , with the approval of the 23 governor and upon recommendation of the adjutant general , may 24 employ a deputy administrator director and such technical, 25 clerical, stenographic, and other personnel and make such 26 expenditures within the appropriation or from other funds made 27 available to the department of public defense for purposes of 28 emergency management , as may be necessary to administer this 29 chapter . 30 5. The homeland security and emergency management division 31 department may charge fees for the repair, calibration, or 32 maintenance of radiological detection equipment and may expend 33 funds in addition to funds budgeted for the servicing of the 34 radiological detection equipment. The division department 35 -9- LSB 1148DP (4) 85 ec/sc 9/ 27

S.F. _____ H.F. _____ shall adopt rules pursuant to chapter 17A providing for the 1 establishment and collection of fees for radiological detection 2 equipment repair, calibration, or maintenance services and 3 for entering into agreements with other public and private 4 entities to provide the services. Fees collected for repair, 5 calibration, or maintenance services shall be treated as 6 repayment receipts as defined in section 8.2 and shall be used 7 for the operation of the division’s department’s radiological 8 maintenance facility or radiation incident response training. 9 Sec. 18. Section 29C.8A, subsection 2, Code 2013, is amended 10 to read as follows: 11 2. The emergency response fund shall be administered by the 12 homeland security and emergency management division department 13 to carry out planning and training for the emergency response 14 teams. 15 Sec. 19. Section 29C.9, subsections 1, 5, 7, 8, and 10, Code 16 2013, are amended to read as follows: 17 1. The county boards of supervisors, city councils, and 18 the sheriff in each county shall cooperate with the homeland 19 security and emergency management division of the department of 20 public defense department to establish a commission to carry 21 out the provisions of this chapter . 22 5. The commission shall model its bylaws and conduct its 23 business according to the guidelines provided in the state 24 division’s department’s administrative rules. 25 7. The commission shall delegate to the emergency 26 management coordinator the authority to fulfill the 27 commission duties as described in the division’s department’s 28 administrative rules. Each commission shall appoint a 29 local emergency management coordinator who shall meet the 30 qualifications specified in the administrative rules by the 31 administrator of the homeland security and emergency management 32 division director . Additional emergency management personnel 33 may be appointed at the discretion of the commission. 34 8. The commission shall develop, adopt, and submit 35 -10- LSB 1148DP (4) 85 ec/sc 10/ 27

S.F. _____ H.F. _____ for approval by local governments within the commission’s 1 jurisdiction, a comprehensive emergency plan which meets 2 standards adopted by the division department in accordance with 3 chapter 17A . If an approved comprehensive emergency plan has 4 not been prepared according to established standards and the 5 administrator of the homeland security and emergency management 6 division director finds that satisfactory progress is not being 7 made toward the completion of the plan, or if the administrator 8 director finds that a commission has failed to appoint a 9 qualified emergency management coordinator as provided in this 10 chapter , the administrator director shall notify the governing 11 bodies of the counties and cities affected by the failure 12 and the governing bodies shall not appropriate any moneys to 13 the local emergency management fund until the comprehensive 14 emergency plan is prepared and approved or a qualified 15 emergency management coordinator is appointed. If the 16 administrator director finds that a commission has appointed an 17 unqualified emergency management coordinator, the administrator 18 director shall notify the commission citing the qualifications 19 which are not met and the commission shall not approve the 20 payment of the salary or expenses of the unqualified emergency 21 management coordinator. 22 10. Two or more commissions may, upon review by the 23 state administrator director and with the approval of their 24 respective boards of supervisors and cities, enter into 25 agreements pursuant to chapter 28E for the joint coordination 26 and administration of emergency management services throughout 27 the multicounty area. 28 Sec. 20. Section 29C.11, subsection 1, Code 2013, is amended 29 to read as follows: 30 1. The local emergency management commission shall, in 31 collaboration with other public and private agencies within 32 this state, develop mutual aid arrangements for reciprocal 33 disaster services and recovery aid and assistance in case 34 of disaster too great to be dealt with unassisted. The 35 -11- LSB 1148DP (4) 85 ec/sc 11/ 27

S.F. _____ H.F. _____ arrangements shall be consistent with the homeland security and 1 emergency management division department plan and program, and 2 in time of emergency each local emergency management agency 3 shall render assistance in accordance with the provisions of 4 the mutual aid arrangements. 5 Sec. 21. Section 29C.12, Code 2013, is amended to read as 6 follows: 7 29C.12 Use of existing facilities. 8 In carrying out the provisions of this chapter , the 9 governor , and the director of the department of public defense , 10 and the executive officers or governing boards of political 11 subdivisions of the state shall utilize, to the maximum extent 12 practicable, the services, equipment, supplies , and facilities 13 of existing departments, officers, and agencies of the state 14 and of political subdivisions at their respective levels of 15 responsibility. 16 Sec. 22. Section 29C.12A, Code 2013, is amended to read as 17 follows: 18 29C.12A Participation in funding disaster recovery facility. 19 All state government departments and agencies may 20 participate in sharing the cost of the design, construction, 21 and operation of a disaster recovery facility located in the 22 STARC joint forces headquarters armory at Camp Dodge. State 23 departments and agencies may use funds from any source, 24 including but not limited to user fees and appropriations 25 for operational or capital purposes, to participate in the 26 facility. 27 Sec. 23. Section 29C.14, Code 2013, is amended to read as 28 follows: 29 29C.14 Director of the department of administrative services 30 to issue warrants. 31 The director of the department of administrative services 32 shall draw warrants on the treasurer of state for the purposes 33 specified in this chapter , upon duly itemized and verified 34 vouchers that have been approved by the administrator director 35 -12- LSB 1148DP (4) 85 ec/sc 12/ 27

S.F. _____ H.F. _____ of the department of homeland security and emergency management 1 division . 2 Sec. 24. Section 29C.18, subsection 1, Code 2013, is amended 3 to read as follows: 4 1. Every organization for homeland security and emergency 5 management established pursuant to this chapter and its 6 officers shall execute and enforce the orders or rules made by 7 the governor, or under the governor’s authority and the orders 8 or rules made by subordinate organizations and not contrary or 9 inconsistent with the orders or rules of the governor. 10 Sec. 25. Section 29C.20B, Code 2013, is amended to read as 11 follows: 12 29C.20B Disaster case management. 13 1. The department of homeland security and emergency 14 management division shall work with the department of 15 human services and nonprofit, voluntary, and faith-based 16 organizations active in disaster recovery and response to 17 establish a statewide system of disaster case management 18 to be activated following the governor’s proclamation of a 19 disaster emergency or the declaration of a major disaster by 20 the president of the United States for individual assistance 21 purposes. Under the system, the department of homeland 22 security and emergency management division shall coordinate 23 case management services locally through local committees as 24 established in each commission’s emergency plan. 25 2. The department of homeland security and emergency 26 management division , in conjunction with the department of 27 human services and an Iowa representative to the national 28 voluntary organizations active in disaster, shall adopt rules 29 pursuant to chapter 17A to create coordination mechanisms 30 and standards for the establishment and implementation of 31 a statewide system of disaster case management which shall 32 include at least all of the following: 33 a. Disaster case management standards. 34 b. Disaster case management policies. 35 -13- LSB 1148DP (4) 85 ec/sc 13/ 27

S.F. _____ H.F. _____ c. Reporting requirements. 1 d. Eligibility criteria. 2 e. Coordination mechanisms necessary to carry out the 3 services provided. 4 f. Development of formal working relationships with 5 agencies and creation of interagency agreements for those 6 considered to provide disaster case management services. 7 g. Coordination of all available services for individuals 8 from multiple agencies. 9 Sec. 26. Section 29C.22, subsection 3, paragraph c, Code 10 2013, is amended to read as follows: 11 c. The authorized representative of a participating 12 government may initiate a request by contacting the department 13 of homeland security and emergency management division of the 14 state department of public defense . When a request is received 15 by the division department , the division department shall 16 directly contact other participating governments to coordinate 17 the provision of mutual aid. 18 Sec. 27. Section 29C.22, subsection 11, paragraphs b and c, 19 Code 2013, are amended to read as follows: 20 b. Any participating government may withdraw from this 21 compact by adopting an ordinance or resolution repealing the 22 same, but a withdrawal shall not take effect until thirty days 23 after the governing body of the withdrawing participating 24 government has given notice in writing of the withdrawal to the 25 administrator director of the department of homeland security 26 and emergency management division who shall notify all other 27 participating governments. The action shall not relieve the 28 withdrawing political subdivision from obligations assumed 29 under this compact prior to the effective date of withdrawal. 30 c. Duly authenticated copies of this compact and any 31 supplementary agreements as may be entered into shall 32 be deposited, at the time of their approval, with the 33 administrator director of the department of homeland security 34 and emergency management division who shall notify all 35 -14- LSB 1148DP (4) 85 ec/sc 14/ 27

S.F. _____ H.F. _____ participating governments and other appropriate agencies of 1 state government. 2 Sec. 28. Section 30.2, subsections 1 and 2, Code 2013, are 3 amended to read as follows: 4 1. The Iowa emergency response commission is established. 5 The commission is responsible directly to the governor. The 6 commission is attached to the department of public defense 7 homeland security and emergency management for routine 8 administrative and support services only. 9 2. a. The commission is composed of fifteen sixteen members 10 appointed by the governor. One member shall be appointed to 11 represent the department of homeland security and emergency 12 management, one to represent the department of agriculture and 13 land stewardship, one to represent the department of workforce 14 development, one to represent the department of justice, one to 15 represent the department of natural resources, one to represent 16 the department of public defense, one to represent the Iowa 17 department of public health, one to represent the department 18 of public safety, one to represent the state department of 19 transportation, one to represent the state fire service and 20 emergency response council, one to represent a local emergency 21 planning committee, one to represent the Iowa hazardous 22 materials task force, and one to represent the office of the 23 governor. Three representatives from private industry shall 24 also be appointed by the governor, subject to confirmation by 25 the senate. 26 b. The commission members representing the departments 27 of homeland security and emergency management, workforce 28 development, natural resources, public defense, public safety, 29 and transportation, a local emergency planning committee, 30 and one private industry representative designated by the 31 commission shall be voting members of the commission. The 32 remaining members of the commission shall serve as nonvoting, 33 advisory members. 34 Sec. 29. Section 30.5, subsection 2, Code 2013, is amended 35 -15- LSB 1148DP (4) 85 ec/sc 15/ 27

S.F. _____ H.F. _____ to read as follows: 1 2. The commission may enter into agreements pursuant to 2 chapter 28E to accomplish any duty imposed upon the commission 3 by the Emergency Planning and Community Right-to-know Act, 4 but the commission shall not compensate any governmental unit 5 for the performance of duties pursuant to such an agreement. 6 Funding for administering the duties of the commission under 7 sections 30.7 , 30.8 , and 30.9 shall be included in the budgets 8 of the department of natural resources and the department of 9 public defense homeland security and emergency management . 10 Sec. 30. Section 30.9, Code 2013, is amended to read as 11 follows: 12 30.9 Duties to be allocated to department of public defense 13 homeland security and emergency management . 14 Agreements negotiated by the commission and the department 15 of public defense homeland security and emergency management 16 shall provide for the allocation of duties to the department 17 of public defense homeland security and emergency management 18 as follows: 19 1. Comprehensive emergency plans required to be developed 20 under section 303 of the Emergency Planning and Community 21 Right-to-Know Right-to-know Act, 42 U.S.C. § 11003, shall 22 be submitted to the department of public defense homeland 23 security and emergency management . Committee submission to 24 that department constitutes compliance with the requirement for 25 reporting to the commission. After initial submission, a plan 26 need not be resubmitted unless revisions are requested by the 27 commission. The department of public defense homeland security 28 and emergency management shall review the plan on behalf of the 29 commission and shall incorporate the provisions of the plan 30 into its responsibilities under chapter 29C . 31 2. The department of public defense homeland security and 32 emergency management shall advise the commission of the failure 33 of any committee to submit an initial comprehensive emergency 34 response and recovery plan or a revised plan requested by the 35 -16- LSB 1148DP (4) 85 ec/sc 16/ 27

S.F. _____ H.F. _____ commission. 1 3. The department of public defense homeland security and 2 emergency management shall make available to the public upon 3 request during normal working hours the information in its 4 possession pursuant to section 324 of the Emergency Planning 5 and Community Right-to-Know Right-to-know Act, 42 U.S.C. 6 § 11044. 7 Sec. 31. Section 34A.2, subsection 2, Code 2013, is amended 8 by striking the subsection. 9 Sec. 32. Section 34A.2, Code 2013, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 3A. “Director” means the director of the 12 department of homeland security and emergency management. 13 Sec. 33. Section 34A.2A, Code 2013, is amended to read as 14 follows: 15 34A.2A Program manager —— appointment —— duties. 16 1. The administrator director of the department of homeland 17 security and emergency management division of the department 18 of public defense shall appoint an E911 program manager to 19 administer this chapter . 20 2. The E911 program manager shall act under the supervisory 21 control of the administrator director of the department of 22 homeland security and emergency management division of the 23 department of public defense , and in consultation with the 24 E911 communications council, and shall perform the duties 25 specifically set forth in this chapter and as assigned by the 26 administrator director . 27 Sec. 34. Section 34A.6, subsection 3, Code 2013, is amended 28 to read as follows: 29 3. The secretary of state, in consultation with the 30 administrator director , shall adopt rules for the conduct of 31 joint E911 service referendums as required by and consistent 32 with subsections 1 and 2 . 33 Sec. 35. Section 34A.7A, subsection 1, paragraph a, Code 34 2013, is amended to read as follows: 35 -17- LSB 1148DP (4) 85 ec/sc 17/ 27

S.F. _____ H.F. _____ a. Notwithstanding section 34A.6 , the administrator 1 director shall adopt by rule a monthly surcharge of up 2 to sixty-five cents to be imposed on each communications 3 service number provided in this state. The surcharge shall 4 be imposed uniformly on a statewide basis and simultaneously 5 on all communications service numbers as provided by rule 6 of the administrator director . The surcharge shall not be 7 imposed on wire-line-based communications or prepaid wireless 8 telecommunications service. 9 Sec. 36. Section 34A.7A, subsection 2, paragraphs a and f, 10 Code 2013, are amended to read as follows: 11 a. An amount as appropriated by the general assembly to the 12 administrator director shall be allocated to the administrator 13 director and program manager for implementation, support, and 14 maintenance of the functions of the administrator director and 15 program manager and to employ the auditor of state to perform 16 an annual audit of the E911 emergency communications fund. 17 f. The administrator director , in consultation with the 18 program manager and the E911 communications council, shall 19 adopt rules pursuant to chapter 17A governing the distribution 20 of the surcharge collected and distributed pursuant to this 21 subsection . The rules shall include provisions that all joint 22 E911 service boards and the department of public safety which 23 answer or service wireless E911 calls are eligible to receive 24 an equitable portion of the receipts. 25 Sec. 37. Section 34A.15, subsection 3, Code 2013, is amended 26 to read as follows: 27 3. The council shall advise and make recommendations to 28 the administrator director and program manager regarding 29 the implementation of this chapter . Such advice and 30 recommendations shall be provided on issues at the request of 31 the administrator director or program manager or as deemed 32 necessary by the council. 33 Sec. 38. Section 35A.5, subsection 16, Code 2013, is amended 34 to read as follows: 35 -18- LSB 1148DP (4) 85 ec/sc 18/ 27

S.F. _____ H.F. _____ 16. In coordination with the military division of the 1 department of public defense, advise service members prior to, 2 and after returning from, deployment on active duty service 3 outside the United States of issues related to the filing 4 of tax returns and the payment of taxes due and encourage a 5 service member who has not filed a return or who owes taxes to 6 contact the department of revenue prior to deployment. 7 Sec. 39. Section 80.28, subsection 2, paragraph a, 8 subparagraph (3), Code 2013, is amended to read as follows: 9 (3) One member representing the department of homeland 10 security and emergency management division . 11 Sec. 40. Section 80B.11C, Code 2013, is amended to read as 12 follows: 13 80B.11C Telecommunicator training standards. 14 The director of the academy, subject to the approval of 15 the council, in consultation with the Iowa state sheriffs’ 16 and deputies’ association, the Iowa police executive forum, 17 the Iowa peace officers association, the Iowa state police 18 association, the Iowa professional fire fighters, the Iowa 19 emergency medical services association, the joint council of 20 Iowa fire service organizations, the Iowa department of public 21 safety, the Iowa chapter of the association of public-safety 22 communications officials —— international, inc., the Iowa chapter 23 of the national emergency number association, the department of 24 homeland security and emergency management division of the Iowa 25 department of public defense , and the Iowa department of public 26 health, shall adopt rules pursuant to chapter 17A establishing 27 minimum standards for training of telecommunicators. For 28 purposes of this section , “telecommunicator” means a person who 29 receives requests for, or dispatches requests to, emergency 30 response agencies which include, but are not limited to, law 31 enforcement, fire, rescue, and emergency medical services 32 agencies. 33 Sec. 41. Section 97B.49B, subsection 1, paragraph e, 34 subparagraph (8), Code 2013, is amended to read as follows: 35 -19- LSB 1148DP (4) 85 ec/sc 19/ 27