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PAG LIN 1 1 Section 1. Section 29A.1, subsection 1, Code 2001, is 1 2 amended by striking the subsection and inserting in lieu 1 3 thereof the following: 1 4 1. "Active state service" means training or operational 1 5 duty or other service authorized and performed under the 1 6 provisions of 32 U.S.C. or other federal law or regulation as 1 7 part of the Iowa army national guard or Iowa air national 1 8 guard and paid for with federal funds. 1 9 Sec. 2. Section 29A.1, subsection 3, Code 2001, is amended 1 10 to read as follows: 1 11 3. "Federal service" means duty authorized and performed 1 12 under the provisions of 10 U.S.C.or 32 U.S.C., } 502-5051 13which includes unit training assemblies commonly known as1 14"drills", annual training, rifle marksmanship, full-time1 15training for school purposes and recruitingas part of the 1 16 active military forces of the United States or the army 1 17 national guard of the United States or the air national guard 1 18 of the United States. 1 19 Sec. 3. Section 29A.1, subsection 4, Code 2001, is amended 1 20 by striking the subsection and inserting in lieu thereof the 1 21 following: 1 22 4. "Homeland defense" means the protection of state 1 23 territory, population, and critical infrastructure against 1 24 attacks from within or without the state. 1 25 Sec. 4. Section 29A.1, subsection 7, Code 2001, is amended 1 26 to read as follows: 1 27 7. "National guard" means the Iowa units, detachments and 1 28 organizations of the army national guard of the United States, 1 29andthe air national guard of the United States, the army 1 30 national guard, and the air national guard as those forces are 1 31 defined inthe National Defense Act and its amendments, the1 32Iowa army national guard and the Iowa air national guard10 1 33 U.S.C. } 101. 1 34 Sec. 5. Section 29A.1, subsection 9, Code 2001, is amended 1 35 to read as follows: 2 1 9. "On duty" means training, including unit training 2 2 assemblies,alland other training, operational duty, and 2 3 other service which may be required under state or federal 2 4 law, regulations, or orders, and the necessary travel of an 2 5 officer or enlisted person to the place of performance and 2 6 return home after performance of that duty, but does not 2 7 include federal serviceunder 10 U.S.C. 2 8 Sec. 6. Section 29A.1, Code 2001, is amended by adding the 2 9 following new subsection: 2 10 NEW SUBSECTION. 10A. "State active duty" means duty 2 11 authorized and performed under section 29A.8 or 29A.9 and paid 2 12 for with state funds. "State active duty" also includes 2 13 serving as the adjutant general, a deputy adjutant general, or 2 14 the state quartermaster. 2 15 Sec. 7. Section 29A.4, Code 2001, is amended to read as 2 16 follows: 2 17 29A.4 ORGANIZATION – ARMAMENT – EQUIPMENT AND 2 18 DISCIPLINE. 2 19 The organization, armament, equipment and discipline of the 2 20 national guard, and the militia when called intoactivestate 2 21serviceactive duty, except as hereinafter specifically 2 22 provided, shall be the same as that which is now or may be 2 23 hereafter prescribed under the provisions of federal law and 2 24 regulations as to those requirements which are mandatory 2 25 therein, but as to those things which are optional therein 2 26 they shall become effective when an order or regulation to 2 27 that effect shall have been promulgated by the governor. 2 28 Sec. 8. Section 29A.6, Code 2001, is amended to read as 2 29 follows: 2 30 29A.6 MILITARY FORCES OF STATE. 2 31 The military forces of the state of Iowa shall consist of 2 32 the army national guard, the air national guard, and the 2 33 militia. 2 34 Sec. 9. Section 29A.7, Code 2001, is amended to read as 2 35 follows: 3 1 29A.7 COMMANDER IN CHIEF. 3 2 The governor is the commander in chief of the military 3 3 forces, except when they are in federal service. The governor 3 4 may employ the military forces of the state for the defense or 3 5 relief of the state, the enforcement of its laws, the 3 6 protection of life and property, emergencies resulting from 3 7 disasters or public disorders as defined in section 29C.2, 3 8 including homeland security and defense duties, and parades 3 9 and ceremonies of a civic nature. 3 10 Sec. 10. Section 29A.8, Code 2001, is amended by striking 3 11 the section and inserting in lieu thereof the following: 3 12 29A.8 STATE ACTIVE DUTY. 3 13 1. The governor may order into state active duty the 3 14 military forces of the state, including retired members of the 3 15 national guard, both army and air, as the governor deems 3 16 proper, under command of an officer as the governor may 3 17 designate under one or more of the following circumstances: 3 18 a. In case of insurrection or invasion, or imminent danger 3 19 of insurrection or invasion. 3 20 b. For the purpose of aiding the civil authorities of any 3 21 political subdivision of the state in maintaining law and 3 22 order in the subdivision in cases of breaches of the peace or 3 23 imminent danger of breaches of the peace, if the law 3 24 enforcement officers of the subdivision are unable to maintain 3 25 law and order, and the civil authorities request the 3 26 assistance. 3 27 c. For the purposes of performing homeland defense or 3 28 homeland security duties. 3 29 2. If circumstances necessitate the establishment of a 3 30 military district under martial law and the general assembly 3 31 is not convened, the military district shall be established 3 32 only after the governor has issued a proclamation convening an 3 33 extraordinary session of the general assembly. 3 34 Sec. 11. NEW SECTION. 29A.8A ACTIVE STATE SERVICE. 3 35 If federal funding and authorization exist for this 4 1 purpose, the governor may order to active state service the 4 2 military forces of the Iowa army national guard or Iowa air 4 3 national guard as the governor may deem appropriate for the 4 4 purposes of homeland security, homeland defense, or other 4 5 duty. 4 6 Sec. 12. Section 29A.9, unnumbered paragraph 1, Code 2001, 4 7 is amended to read as follows: 4 8 The governor may order the national guard into training for 4 9 any period. The governor may order the organizations or 4 10 personnel of the national guard or persons who have retired 4 11 from the national guard, toactive stateservice, oractive 4 12 duty, or to assemblefor purposes of security, drill, 4 13 instruction, parade, ceremonies of a civic nature, guard, 4 14 recruiting and escort duty, and schools of instruction as a 4 15 student or instructor, including the Iowa military academy, 4 16 and prescribe all regulations and requirements for those 4 17 duties. 4 18 Sec. 13. Section 29A.10, unnumbered paragraph 3, Code 4 19 2001, is amended to read as follows: 4 20 The governor may appoint an officer of the national guard 4 21 to serve as special investigator for a period determined by 4 22 the governor. Service as special investigator shall beactive4 23 stateserviceactive duty. The special investigator shall 4 24 report to and serve at the pleasure of the governor. The duty 4 25 of special investigator shall be assigned as additional duty. 4 26 The special investigator shall not be the person designated as 4 27 inspector general pursuant to federal national guard bureau 4 28 regulation. 4 29 Sec. 14. Section 29A.11, Code 2001, is amended to read as 4 30 follows: 4 31 29A.11 ADJUTANT GENERAL – APPOINTMENT AND TERM. 4 32 There shall be an adjutant general of the state who shall 4 33 be appointed and commissioned by the governor subject to 4 34 confirmation by the senate and who shall serve at the pleasure 4 35 of the governor. The rank of the adjutant general shall be at 5 1 least that of brigadier general and the adjutant general shall 5 2 hold office for a term of four years beginning and ending as 5 3 provided in section 69.19. At the time of appointment the 5 4 adjutant general shall be a federally recognized commissioned 5 5 officer in the United States army or air force, the army or 5 6 air national guard, the army or air national guard of the 5 7 United States, or the United States army or air force reserve 5 8 who has reached at least the grade of colonel and who is or is 5 9 eligible to be federally recognized at the next higher rank. 5 10 Sec. 15. Section 29A.27, unnumbered paragraphs 1, 2, 3, 5 11 and 4, Code 2001, are amended to read as follows: 5 12 Officers and enlisted persons while inactivestateservice5 13 active duty shall receive the same pay, per diem, and 5 14 allowances as are paid for the same rank or grade for federal 5 15 servicein the armed forces of the United States. However, a 5 16 person shall not be paid at a base rate of pay of less than 5 17 one hundred dollars per calendar day ofactivestateservice5 18 active duty. 5 19 In the event any officer or enlisted person shall be killed 5 20 while on duty or inactivestateserviceactive duty, in line 5 21 of duty, or shall die as the result of injuries received or as 5 22 a result of illness or disease contracted while on duty or in 5 23activestateserviceactive duty, in line of duty, dependents, 5 24 as defined by the workers' compensation law of the state, 5 25 shall receive the maximum compensation provided bythe said5 26 such law. 5 27 Any officer or enlisted person who suffers injuries or 5 28 contracts a disease causing disability, in line of duty, while 5 29 on duty or inactivestateserviceactive duty, shall receive 5 30 hospitalization and medical treatment, and during the period 5 31 that the officer or enlisted person is totally disabled from 5 32 returning to military duty the officer or enlisted person 5 33 shall also receive the pay and allowances of the officer's or 5 34 enlisted person's grade. In the event of partial disability, 5 35 the officer or enlisted person shall be allowed partial pay 6 1 and allowances as determined by an evaluation board of three 6 2 officers to be appointed by the adjutant general. At least 6 3 one member of the board shall be a medical officer. 6 4 Any claim for death, illness, or disease contracted in line 6 5 of duty while on duty or inactivestateserviceactive duty, 6 6 shall be filed with the adjutant general within six months 6 7 from the date of death or contraction of the illness or 6 8 disease. 6 9 Sec. 16. Section 29A.28, Code 2001, is amended to read as 6 10 follows: 6 11 29A.28 LEAVE OF ABSENCE OF CIVIL EMPLOYEES. 6 12 All officers and employees of the state, or a subdivision 6 13 thereof, or a municipality other than employees employed 6 14 temporarily for six months or less, who are members of the 6 15 national guard, organized reserves or any component part of 6 16 the military, naval, or air forces or nurse corps of this 6 17 state or nation, or who are or may be otherwise inducted into 6 18 the military service of this state or of the United States, 6 19 shall, when ordered by proper authority to state active duty, 6 20 active state service or federal service, be entitled to a 6 21 leave of absence from such civil employment for the period of 6 22suchstate active duty, active state service, or federal 6 23 service, without loss of status or efficiency rating, and 6 24 without loss of pay during the first thirty days of such leave 6 25 of absence. The proper appointing authority may make a 6 26 temporary appointment to fill any vacancy created by such 6 27 leave of absence. 6 28 Sec. 17. Section 29A.29, Code 2001, is amended to read as 6 29 follows: 6 30 29A.29 PAYMENT FROM TREASURY – EXCEPTION. 6 31 When inactivestateserviceactive duty, the compensation 6 32 of officers and enlisted persons and expenses of the national 6 33 guard and claims for death, injury and illness of the members 6 34 thereof, incurred in line of duty, shall be paid out of any 6 35 funds in the state treasury not otherwise appropriated. 7 1 However, if funds for compensation and expenses have been 7 2 appropriated for compensation and expenses of persons on full- 7 3 timeactivestateserviceactive duty pursuant to a specific 7 4 Act of the general assembly, such persons shall be paid from 7 5 funds appropriated pursuant to such Act. 7 6 Sec. 18. Section 29A.43, Code 2001, is amended to read as 7 7 follows: 7 8 29A.43 DISCRIMINATION PROHIBITED – LEAVE OF ABSENCE. 7 9 A person shall not discriminate against any officer or 7 10 enlisted person of the national guard or organized reserves of 7 11 the armed forces of the United States because of that 7 12 membership. An employer, or agent of an employer, shall not 7 13 discharge a person from employment because of being an officer 7 14 or enlisted person of the military forces of the state, or 7 15 hinder or prevent the officer or enlisted person from 7 16 performing any military service the person is called upon to 7 17 perform by proper authority. A member of the national guard 7 18 or organized reserves of the armed forces of the United States 7 19 ordered to temporaryactiveduty, as defined in section 29A.1, 7 20 fortheany purposeof military training or ordered on active7 21state serviceis entitled to a leave of absence during the 7 22 period of the duty or service, from the member's private 7 23 employment, other than employment of a temporary nature, and 7 24 upon completion of the duty or service the employer shall 7 25 restore the person to the position held prior to the leave of 7 26 absence, or employ the person in a similar position. However, 7 27 the person shall give evidence to the employer of satisfactory 7 28 completion of the training or duty, and that the person is 7 29 still qualified to perform the duties of the position. The 7 30 period of absence shall be construed as an absence with leave, 7 31 and shall in no way affect the employee's rights to vacation, 7 32 sick leave, bonus, or other employment benefits relating to 7 33 the employee's particular employment. A person violating a 7 34 provision of this section is guilty of a simple misdemeanor. 7 35 Sec. 19. Section 29A.71, Code 2001, is amended to read as 8 1 follows: 8 2 29A.71 PAY AND ALLOWANCES. 8 3 Officers and enlisted personnel of the Iowa state guard 8 4 while inactivestateserviceactive duty shall receive the 8 5 same pay, allowances, and compensation as provided by law for 8 6 members of the Iowa national guard. 8 7 Sec. 20. Section 29C.2, subsection 1, Code 2001, is 8 8 amended to read as follows: 8 9 1. "Disaster" means man-made and natural occurrences, such 8 10 as fire, flood, drought, earthquake, tornado, windstorm, 8 11 hazardous substance or nuclear power plant accident or 8 12 incident, which threaten the public peace, health, and safety 8 13 of the people or which damage and destroy public or private 8 14 property. The term includesenemyattack, sabotage, or other 8 15 hostile action from within or without the state. 8 16 Sec. 21. Section 29C.2, Code 2001, is amended by adding 8 17 the following new subsection: 8 18 NEW SUBSECTION. 1A. "Homeland security" means the 8 19 detection, prevention, preemption, deterrence of, and 8 20 protection from attacks targeted at state territory, 8 21 population, and infrastructure. 8 22 Sec. 22. Section 29C.5, Code 2001, is amended to read as 8 23 follows: 8 24 29C.5 EMERGENCY MANAGEMENT DIVISION. 8 25 An emergency management division is created within the 8 26 department of public defense. The emergency management 8 27 division shall be responsible for the administration of 8 28 emergency planning matters, including emergency resource 8 29 planning in this state,co-operationcooperation with and 8 30 support of the civil air patrol, homeland security activities, 8 31 andco-ordinationcoordination of available services in the 8 32 event of a disaster. 8 33 Sec. 23. Section 29C.8, subsection 2, Code 2001, is 8 34 amended to read as follows: 8 35 2. The administrator shall be vested with the authority to 9 1 administer emergency management and homeland security affairs 9 2 in this state and shall be responsible for preparing and 9 3 executing the emergency management and homeland security 9 4 programs of this state subject to the direction of the 9 5 adjutant general. 9 6 Sec. 24. Section 29C.8, subsection 3, paragraphs a, b, and 9 7 c, Code 2001, are amended to read as follows: 9 8 a. Prepare a comprehensive plan and emergency management 9 9 program for homeland security, disaster preparedness, 9 10 response, recovery, mitigation, emergency operation, and 9 11 emergency resource management of this state. The plan and 9 12 program shall be integrated into and coordinated with the 9 13 homeland security and emergency plans of the federal 9 14 government and of other states to the fullest possible extent 9 15 and coordinate the preparation of plans and programs for 9 16 emergency management of the political subdivisions and various 9 17 state departments of this state. The plans shall be 9 18 integrated into and coordinated with a comprehensive state 9 19 homeland security and emergency program for this state as 9 20 coordinated by the administrator of the emergency management 9 21 division to the fullest possible extent. 9 22 b. Make such studies and surveys of the industries, 9 23 resources and facilities in this state as may be necessary to 9 24 ascertain the vulnerabilities of critical state infrastructure 9 25 and assets to attack and the capabilities of the state for 9 26 disaster recovery, disaster planning and operations, and 9 27 emergency resource management, and to plan for the most 9 28 efficient emergency use thereof. 9 29 c. Provide technical assistance to any local emergency 9 30 commission or joint commission requiring the assistance in the 9 31 development of an emergency management or homeland security 9 32 program. 9 33 Sec. 25. Section 135.11, Code 2001, as amended by 2001 9 34 Iowa Acts, chapter 58, section 3, chapter 122, section 1, and 9 35 chapter 184, section 6, is amended by adding the following new 10 1 subsection: 10 2 NEW SUBSECTION. 2A. Conduct and maintain a statewide risk 10 3 assessment of any present or potential danger to the public 10 4 health from biological agents. For this purpose, an employee 10 5 or agent of the department may enter into and examine any 10 6 premises containing potentially dangerous biological agents. 10 7 However, the owner or person in charge of the premises shall 10 8 be notified. If the owner or person in charge refuses 10 9 admittance, the department may obtain administrative search 10 10 warrants under section 808.14. Based upon findings of the 10 11 risk assessment and examination of the premises, the director 10 12 may order safeguards or take any other action necessary to 10 13 protect the public health pursuant to rules adopted to 10 14 implement this subsection. 10 15 Sec. 26. Section 669.14, subsection 7, Code 2001, is 10 16 amended to read as follows: 10 17 7. A claim based upon damage to or loss or destruction of 10 18 private property, both real and personal, or personal injury 10 19 or death, when the damage, loss, destruction, injury or death 10 20 occurred as an incident to the training, operation, or 10 21 maintenance of the national guard while not in "activestate 10 22serviceactive duty" as defined in section 29A.1, subsection10 231. 10 24 Sec. 27. RETROACTIVE EFFECTIVE DATE. This Act, being 10 25 deemed of immediate importance, takes effect upon enactment, 10 26 is retroactively applicable to September 11, 2001, and is 10 27 applicable on and after that date. 10 28 EXPLANATION 10 29 This bill amends Code chapters 29A and 29C to complement 10 30 federal legislation relating to homeland security and defense 10 31 against acts of terrorism. 10 32 Code chapter 29A, relating to the powers, duties, and 10 33 organization of the army national guard and air national 10 34 guard, is amended to define active state service, federal 10 35 service, national guard, on duty, state active duty, and 11 1 homeland defense, and to strike the definitions of in service 11 2 of the United States, and not in service of the United States. 11 3 Federal service means duty authorized and performed as a part 11 4 of the air national guard of the United States or the army 11 5 national guard of the United States pursuant to 10 U.S.C. 11 6 Active state service means training and duty or other service 11 7 performed pursuant to 32 U.S.C. or other federal law as part 11 8 of the Iowa army national guard or Iowa air national guard and 11 9 paid for with federal funds. State active duty means duty 11 10 authorized and performed under Code section 29A.8 or 29A.9 and 11 11 paid for with state funds. On duty means training, duty, or 11 12 service performed under state or federal law, but not 11 13 including active federal service. National guard means Iowa 11 14 units of the army national guard of the United States, the air 11 15 national guard of the United States, the army national guard, 11 16 and the air national guard as defined in 10 U.S.C. } 101. 11 17 Homeland defense is defined to mean the protection of state 11 18 territory, population, and critical infrastructure against 11 19 attacks from within or without the state. 11 20 Code section 29A.7 is amended to include homeland security 11 21 and defense duties as a duty of the military forces under 11 22 direction of the governor. 11 23 The bill contains several coordinating amendments to Code 11 24 chapter 29A to specify duties relating to state active duty 11 25 which may be ordered by the governor. 11 26 Code section 29C.2 is amended to define disaster to include 11 27 attack, sabotage, or other hostile action from within or 11 28 without the state and to define homeland security to mean the 11 29 detection, prevention, preemption, deterrence of, and 11 30 protection against attacks targeted at state territory, 11 31 population, and infrastructure. 11 32 Code sections 29C.5 and 29C.8 are amended to include 11 33 homeland security activities as a duty of the emergency 11 34 management division and its administrator. 11 35 A coordinating amendment relating to state tort claims 12 1 arising from state active duty is made to Code section 699.14, 12 2 subsection 7. 12 3 Code section 135.11 is amended to authorize the Iowa 12 4 department of public health to conduct and maintain a 12 5 statewide risk assessment of any present or potential danger 12 6 to the public health from biological agents. For that 12 7 purpose, an officer of the department may enter into and 12 8 examine any premises containing potentially dangerous 12 9 biological agents if the officer obtains a search warrant or 12 10 enters the premises in a manner consistent with the laws and 12 11 constitutions of this state and the United States. 12 12 The bill is effective upon enactment, is retroactively 12 13 applicable to September 11, 2001, and is applicable on and 12 14 after that date. 12 15 LSB 5174SV 79 12 16 tj/sh/8.1
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