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Senate File 2266

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2266     
  1  2                           
  1  3                             AN ACT
  1  4 RELATING TO THE DEPARTMENT OF PUBLIC DEFENSE BY CHANGING THE
  1  5    NUMBER AND QUALIFICATIONS OF GENERAL OFFICERS IN THE IOWA
  1  6    NATIONAL GUARD AND INCREASING THE MEMBERSHIP OF THE EMERGENCY
  1  7    RESPONSE COMMISSION AND PROVIDING AN EFFECTIVE DATE.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11                           DIVISION I
  1 12                         PUBLIC DEFENSE
  1 13    Section 1.  Section 29A.1, subsection 1, Code 1999, is
  1 14 amended to read as follows:
  1 15    1.  "Active state service" means service on behalf of the
  1 16 state when public disaster, riot, tumult, breach of the peace
  1 17 or resistance of process occurs or threatens to occur, when
  1 18 called upon in aid of civil authorities or when under martial
  1 19 law or at encampments ordered by state authority.  Active
  1 20 state service also includes serving as the adjutant general, a
  1 21 deputy adjutant general, or the state quartermaster and
  1 22 administrative orders officer, but does not include training
  1 23 or duty required or authorized under 32 U.S.C. } 502-505, or
  1 24 any other training or duty required or authorized by federal
  1 25 laws and regulations.
  1 26    Sec. 2.  Section 29A.11, Code 1999, is amended to read as
  1 27 follows:
  1 28    29A.11  ADJUTANT GENERAL – APPOINTMENT, TERM, AND REMOVAL.
  1 29    There shall be an adjutant general of the state who shall
  1 30 be appointed and commissioned by the governor subject to
  1 31 confirmation by the senate and who shall serve at the pleasure
  1 32 of the governor.  The rank of the adjutant general shall be at
  1 33 least that of brigadier general and the adjutant general shall
  1 34 hold office for a term of four years beginning and ending as
  1 35 provided in section 69.19.  At the time of appointment the
  2  1 adjutant general shall be or have been a federally recognized
  2  2 commissioned officer in the armed forces United States army or
  2  3 air force, the army or air national guard of the United
  2  4 States, or the United States army or air force reserve who has
  2  5 reached at least the grade of a field officer colonel and who
  2  6 is or is eligible to be federally recognized at the next
  2  7 higher rank.
  2  8    Sec. 3.  Section 29A.16, Code 1999, is amended to read as
  2  9 follows:
  2 10    29A.16  DEPUTY ADJUTANT ADJUTANTS GENERAL AND ASSISTANTS.
  2 11    1.  The governor shall appoint a deputy adjutant general,
  2 12 who shall be or have been a commissioned officer, and an
  2 13 assistant adjutant general for the army national guard who
  2 14 shall be a commissioned officer, and an assistant adjutant
  2 15 general for the air national guard who shall be a commissioned
  2 16 officer, upon the recommendation of the adjutant general for
  2 17 the army national guard and a deputy adjutant general for the
  2 18 air national guard upon recommendation of the adjutant
  2 19 general.  At the time of appointment, the deputy adjutants
  2 20 general shall be federally recognized officers in the national
  2 21 guard who have attained at least the rank of colonel and who
  2 22 are eligible for federal recognition at the next higher rank.
  2 23    2.  They The deputy adjutants general shall have such the
  2 24 rank as is consistent with federal law and regulations to and
  2 25 including the rank of brigadier general and at the time of
  2 26 their appointment shall be federally commissioned officers and
  2 27 they shall have reached the grade of a field officer.  They
  2 28 The deputy adjutants general shall serve at the pleasure of
  2 29 the governor.
  2 30    3.  The deputy adjutant adjutants general shall serve in
  2 31 the office of the adjutant general and aid by performing such
  2 32 duties as the adjutant general may assign.  In the absence or
  2 33 disability of the adjutant general the senior deputy present
  2 34 for duty, based upon date of appointment under this section,
  2 35 shall perform the duties of that office as acting adjutant
  3  1 general.  Each assistant adjutant general shall be responsible
  3  2 for duties with the army national guard or the air national
  3  3 guard, respectively, as prescribed by the adjutant general.
  3  4    4.  The adjutant general may appoint a full-time staff
  3  5 within prescribed personnel authorization.  Members of that
  3  6 the staff who are not in state active duty status are
  3  7 authorized salaries with allowances as provided by the
  3  8 executive council exempt pay plan law.
  3  9    Sec. 4.  Section 29A.17, unnumbered paragraph 1, Code 1999,
  3 10 is amended to read as follows:
  3 11    The military staff of the governor shall consist of the
  3 12 adjutant general, who shall be the chief of staff; the
  3 13 assistant adjutant deputy adjutants general, who shall be the
  3 14 assistant chief chiefs of staff and such the aides, residents
  3 15 of the state, as the governor may appoint or detail from the
  3 16 armed forces of the state.
  3 17    Sec. 5.  Section 29A.66, Code 1999, is amended to read as
  3 18 follows:
  3 19    29A.66  APPLICABLE POWERS AND DUTIES.
  3 20    The powers and duties of the governor, the adjutant general
  3 21 and the deputy adjutant adjutants general, with relation to
  3 22 the Iowa state guard shall be the same as those powers and
  3 23 duties prescribed in this chapter for such the officers with
  3 24 relation to the national guard.
  3 25    Sec. 6.  EFFECTIVE DATE.  This division of this Act, being
  3 26 deemed of immediate importance, takes effect upon enactment.  
  3 27                           DIVISION II
  3 28               IOWA EMERGENCY RESPONSE COMMISSION
  3 29    Sec. 7.  Section 30.2, subsection 2, Code 1999, is amended
  3 30 to read as follows:
  3 31    2.  a.  The commission is composed of twelve fifteen
  3 32 members appointed by the governor.  One member shall be
  3 33 appointed to represent the department of agriculture and land
  3 34 stewardship, one to represent the department of workforce
  3 35 development, one to represent the department of justice, one
  4  1 to represent the department of natural resources, one to
  4  2 represent the department of public defense, one to represent
  4  3 the Iowa department of public health, one to represent the
  4  4 department of public safety, one to represent the state
  4  5 department of transportation, one to represent the fire
  4  6 service institute of the Iowa state university of science and
  4  7 technology, one to represent a local emergency planning
  4  8 committee, one to represent the Iowa hazardous materials task
  4  9 force, and one to represent the office of the governor.  Two
  4 10 Three representatives from private industry shall also be
  4 11 appointed by the governor, subject to confirmation by the
  4 12 senate.
  4 13    b.  The commission members representing the departments of
  4 14 workforce development, natural resources, public defense,
  4 15 public safety, and transportation, and one private industry
  4 16 representative designated by the commission shall be voting
  4 17 members of the commission.  The remaining members of the
  4 18 commission shall serve as nonvoting, advisory members.  
  4 19 
  4 20 
  4 21                                                             
  4 22                               MARY E. KRAMER
  4 23                               President of the Senate
  4 24 
  4 25 
  4 26                                                             
  4 27                               BRENT SIEGRIST
  4 28                               Speaker of the House
  4 29 
  4 30    I hereby certify that this bill originated in the Senate and
  4 31 is known as Senate File 2266, Seventy-eighth General Assembly.
  4 32 
  4 33 
  4 34                                                             
  4 35                               MICHAEL E. MARSHALL
  5  1                               Secretary of the Senate
  5  2 Approved                , 2000
  5  3 
  5  4 
  5  5                               
  5  6 THOMAS J. VILSACK
  5  7 Governor
     

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