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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 quartermasterand1 22administrative 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 beor have beena federally recognized 2 2 commissioned officer in thearmed forcesUnited 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 ofa field officercolonel 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 DEPUTYADJUTANTADJUTANTS GENERALAND ASSISTANTS. 2 11 1. The governor shall appoint a deputy adjutant general,2 12who shall be or have been a commissioned officer, and an2 13assistant adjutant general for the army national guard who2 14shall be a commissioned officer, and an assistant adjutant2 15general for the air national guard who shall be a commissioned2 16officer, upon the recommendation of the adjutant generalfor 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.TheyThe deputy adjutants general shall havesuchthe 2 24 rank as is consistent with federal law and regulations to and 2 25 including the rank of brigadier generaland at the time of2 26their appointment shall be federally commissioned officers and2 27they shall have reached the grade of a field officer.They2 28 The deputy adjutants general shall serve at the pleasure of 2 29 the governor. 2 30 3. The deputyadjutantadjutants 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 responsible3 2for duties with the army national guard or the air national3 3guard, 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 ofthat3 6 the staff who are not in state active duty status are 3 7 authorized salaries with allowances as provided bythe3 8executive council exempt pay planlaw. 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 13assistant adjutantdeputy adjutants general, who shall be the 3 14 assistantchiefchiefs of staff andsuchthe 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 deputyadjutantadjutants 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 forsuchthe 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 oftwelvefifteen 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.Two4 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
Text: SF02265 Text: SF02267 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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