Text: HSB00543 Text: HSB00545 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 PUBLIC DEFENSE 1 3 Section 1. Section 29A.1, subsection 1, Code 1999, is 1 4 amended to read as follows: 1 5 1. "Active state service" means service on behalf of the 1 6 state when public disaster, riot, tumult, breach of the peace 1 7 or resistance of process occurs or threatens to occur, when 1 8 called upon in aid of civil authorities or when under martial 1 9 law or at encampments ordered by state authority. Active 1 10 state service also includes serving as the adjutant general, a 1 11 deputy adjutant general, or the state quartermasterand1 12administrative orders officer, but does not include training 1 13 or duty required or authorized under 32 U.S.C. } 502-505, or 1 14 any other training or duty required or authorized by federal 1 15 laws and regulations. 1 16 Sec. 2. Section 29A.11, Code 1999, is amended to read as 1 17 follows: 1 18 29A.11 ADJUTANT GENERAL – APPOINTMENT, TERM, AND REMOVAL. 1 19 There shall be an adjutant general of the state who shall 1 20 be appointed and commissioned by the governor subject to 1 21 confirmation by the senate and who shall serve at the pleasure 1 22 of the governor. The rank of the adjutant general shall be at 1 23 least that of brigadier general and the adjutant general shall 1 24 hold office for a term of four years beginning and ending as 1 25 provided in section 69.19. At the time of appointment the 1 26 adjutant general shall beor have beena federally recognized 1 27 commissioned officer in thearmed forcesUnited States army or 1 28 air force, the army or air national guard of the United 1 29 States, or the United States army or air force reserve who has 1 30 reached at least the grade ofa field officercolonel and who 1 31 is or is eligible to be federally recognized at the next 1 32 higher rank. 1 33 Sec. 3. Section 29A.16, Code 1999, is amended to read as 1 34 follows: 1 35 29A.16 DEPUTYADJUTANTADJUTANTS GENERALAND ASSISTANTS. 2 1 1. The governor shall appoint a deputy adjutant general,2 2who shall be or have been a commissioned officer, and an2 3assistant adjutant general for the army national guard who2 4shall be a commissioned officer, and an assistant adjutant2 5general for the air national guard who shall be a commissioned2 6officer, upon the recommendation of the adjutant generalfor 2 7 the army national guard and a deputy adjutant general for the 2 8 air national guard upon recommendation of the adjutant 2 9 general. At the time of appointment, the deputy adjutants 2 10 general shall be federally recognized officers in the national 2 11 guard who have attained at least the rank of colonel and who 2 12 are eligible for federal recognition at the next higher rank. 2 13 2.TheyThe deputy adjutants general shall havesuchthe 2 14 rank as is consistent with federal law and regulations to and 2 15 including the rank of brigadier generaland at the time of2 16their appointment shall be federally commissioned officers and2 17they shall have reached the grade of a field officer.They2 18 The deputy adjutants general shall serve at the pleasure of 2 19 the governor. 2 20 3. The deputyadjutantadjutants general shall serve in 2 21 the office of the adjutant general and aid by performing such 2 22 duties as the adjutant general may assign. In the absence or 2 23 disability of the adjutant general the senior deputy present 2 24 for duty, based upon date of appointment under this section, 2 25 shall perform the duties of that office as acting adjutant 2 26 general.Each assistant adjutant general shall be responsible2 27for duties with the army national guard or the air national2 28guard, respectively, as prescribed by the adjutant general.2 29 4. The adjutant general may appoint a full-time staff 2 30 within prescribed personnel authorization. Members ofthat2 31 the staff who are not in state active duty status are 2 32 authorized salaries with allowances as provided bythe2 33executive council exempt pay planlaw. 2 34 Sec. 4. Section 29A.17, unnumbered paragraph 1, Code 1999, 2 35 is amended to read as follows: 3 1 The military staff of the governor shall consist of the 3 2 adjutant general, who shall be the chief of staff; the 3 3assistant adjutantdeputy adjutants general, who shall be the 3 4 assistantchiefchiefs of staff andsuchthe aides, residents 3 5 of the state, as the governor may appoint or detail from the 3 6 armed forces of the state. 3 7 Sec. 5. Section 29A.66, Code 1999, is amended to read as 3 8 follows: 3 9 29A.66 APPLICABLE POWERS AND DUTIES. 3 10 The powers and duties of the governor, the adjutant general 3 11 and the deputyadjutantadjutants general, with relation to 3 12 the Iowa state guard shall be the same as those powers and 3 13 duties prescribed in this chapter forsuchthe officers with 3 14 relation to the national guard. 3 15 Sec. 6. EFFECTIVE DATE. This division of this Act, being 3 16 deemed of immediate importance, takes effect upon enactment. 3 17 DIVISION II 3 18 IOWA EMERGENCY RESPONSE COMMISSION 3 19 Sec. 7. Section 30.2, subsection 2, Code 1999, is amended 3 20 to read as follows: 3 21 2. a. The commission is composed oftwelvefifteen 3 22 members appointed by the governor. One member shall be 3 23 appointed to represent the department of agriculture and land 3 24 stewardship, one to represent the department of workforce 3 25 development, one to represent the department of justice, one 3 26 to represent the department of natural resources, one to 3 27 represent the department of public defense, one to represent 3 28 the Iowa department of public health, one to represent the 3 29 department of public safety, one to represent the state 3 30 department of transportation, one to represent the fire 3 31 service institute of the Iowa state university of science and 3 32 technology, one to represent a local emergency planning 3 33 committee, one to represent the Iowa hazardous materials task 3 34 force, and one to represent the office of the governor.Two3 35 Three representatives from private industry shall also be 4 1 appointed by the governor, subject to confirmation by the 4 2 senate. 4 3 b. The commission members representing departments of 4 4 workforce development, natural resources, public defense, 4 5 public safety, and transportation, and one private industry 4 6 representative designated by the commission shall be voting 4 7 members of the commission. The remaining members of the 4 8 commission shall serve as nonvoting, advisory members. 4 9 EXPLANATION 4 10 Division I amends Code chapter 29A as follows: 4 11 1. The state active duty position of administrative orders 4 12 officer is eliminated and replaced by an additional deputy 4 13 adjutant general position. 4 14 2. The requirements for appointment as adjutant general 4 15 are changed as follows: 4 16 a. The appointee must be a member of the United States 4 17 army or air national guard, the army or air force reserve, or 4 18 the active United States army or air force. 4 19 b. The appointee must have attained at least the rank of 4 20 colonel. 4 21 c. The appointee must be eligible for federal recognition 4 22 as a brigadier general, if not a federally recognized 4 23 brigadier general at the time of appointment. 4 24 Currently, the adjutant general need only have obtained the 4 25 rank of a major, need not be currently serving in the armed 4 26 forces, and need not be federally recognizable as a general 4 27 officer. 4 28 3. The positions of deputy adjutant general for the army 4 29 national guard and deputy adjutant general for the air 4 30 national guard are created. Currently, there is only one 4 31 deputy adjutant general. The requirements for appointment as 4 32 a deputy adjutant general are as follows: 4 33 a. The appointee must be a member of the Iowa army or air 4 34 national guard. 4 35 b. The appointee must have obtained at least the rank of 5 1 colonel and be eligible for federal recognition at the next 5 2 higher rank. 5 3 4. The bill provides that in the absence of the adjutant 5 4 general, the senior deputy adjutant general present for duty, 5 5 based upon the date of the state appointment, shall perform 5 6 the duties of the adjutant general. 5 7 Division I takes effect upon enactment. 5 8 Division II expands the membership of the Iowa emergency 5 9 response commission from 12 to 15 members. The new members 5 10 shall be a representative from a local emergency planning 5 11 committee, a representative from the Iowa hazardous materials 5 12 task force, and an additional private industry representative. 5 13 The representatives of the departments of workforce 5 14 development, natural resources, public defense, public safety, 5 15 and transportation, which are responsible under federal and 5 16 state law for staffing and support of the commission, and one 5 17 private industry representative are designated as voting 5 18 members of the commission. The remaining are designated as 5 19 nonvoting, advisory members. 5 20 LSB 5313DP 78 5 21 tj/gg/8.2
Text: HSB00543 Text: HSB00545 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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