HSB 545 (LSB 5241DP (3) 85)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT BILL)

A BILL FOR

An Act relating to emergency management assistance in a disaster emergency concerning emergency personnel and mutual aid arrangements and agreements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 29C.6, subsection 7, Code 2014, is amended to read as follows:
   7.  On behalf of this state, enter into mutual aid arrangements with other states, including mutual aid arrangements with other states that extend the terms and conditions set forth in the interstate emergency management assistance compact described in section 29C.21 to situations in which an emergency or disaster proclamation has not been made by the governor of an affected state, and to coordinate mutual aid plans between political subdivisions of this state.
    Sec. 2.  Section 29C.8, subsection 3, paragraph f, subparagraph (1), Code 2014, is amended to read as follows:
   (1)  A member of a homeland security and emergency response team acting under this section upon the directive of the director or pursuant to a governor’s disaster emergency proclamation as provided in section 29C.6 shall be considered an employee of the state for purposes of section 29C.21 and chapter 669 and shall be afforded protection as an employee of the state under section 669.21. Disability, workers’ compensation, and death benefits for team members working under the authority of the director or pursuant to the provisions of section 29C.6 shall be paid by the state in a manner consistent with the provisions of chapter 85, 410, or 411 as appropriate, depending on the status of the member, provided that the member is registered with the department as a member of an approved team and is participating as a team member in a response or recovery operation initiated by the director or governor pursuant to this section or in a training or exercise activity approved by the director.
    Sec. 3.  Section 29C.8, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  The director may, subject to the approval of the department of management and department of administrative services, establish permanent emergency personnel positions that are directly related to the governor’s proclamation of a disaster emergency or to when the president of the United States has declared a major disaster to exist in this state. All such emergency personnel are exempt from the merit system provisions of chapter 8A, subchapter IV, and excluded from collective bargaining as provided in chapter 20. However, such emergency personnel shall be classified and compensated in accordance with chapter 8A, subchapter IV.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill concerns the department of homeland security and emergency management as it relates to disaster emergencies.
   Code section 29C.6, concerning the proclamation of a disaster emergency by the governor, is amended to provide that the governor’s authority to enter into mutual aid arrangements with other states may include arrangements that extend the terms and conditions of the interstate emergency management assistance compact to situations in which a disaster proclamation of an affected state has not been made by that state’s governor.
   Code section 29C.8(3) is amended to provide that the reference to the governor’s proclamation as provided in Code section 29C.6 is for a disaster emergency.
   Code section 29C.8, concerning the powers and duties of the director of the department, is also amended to allow the director, subject to the approval of the department of management and administrative services, to establish permanent emergency personnel positions in situations involving the declaration of a major disaster by the President of the United States or a proclamation of disaster emergency by the governor. The bill provides that such personnel are exempt from the merit system provisions of Code chapter 8A, subchapter IV, and excluded from collective bargaining as provided in Code chapter 20. However, the bill provides that such emergency personnel shall be classified and compensated in accordance with Code chapter 8A, subchapter IV.