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PAG LIN 1 1 SENATE FILE 2124 1 2 1 3 AN ACT 1 4 RELATING TO THE DEPARTMENT OF PUBLIC DEFENSE BY AMENDING THE 1 5 STATE MILITARY CODE AND THE IOWA CODE OF MILITARY JUSTICE, 1 6 CREATING A STATEWIDE MUTUAL AID COMPACT, PROVIDING FOR THE 1 7 CONFIDENTIALITY OF CERTAIN RECORDS, EXEMPTING THE DEPARTMENT 1 8 OF PUBLIC DEFENSE FROM CERTAIN STATE SERVICE CONTRACT 1 9 REQUIREMENTS AND STATE COMPETITIVE BIDDING REQUIREMENTS, 1 10 EXEMPTING THE IOWA TECHNOLOGY CENTER FROM ANTICOMPETITION 1 11 PROVISIONS, INCREASING A STANDING APPROPRIATION, PROVIDING 1 12 CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVIDING EFFECTIVE 1 13 DATES. 1 14 1 15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 16 1 17 DIVISION I 1 18 MILITARY DIVISION 1 19 Section 1. Section 8.47, Code Supplement 2001, is amended 1 20 by adding the following new subsection: 1 21 NEW SUBSECTION. 4. This section does not apply to service 1 22 contracts or other agreements for services by the department 1 23 of public defense that are funded with at least seventy-five 1 24 percent federal moneys. The department of public defense 1 25 shall establish terms and conditions for service contracts and 1 26 other agreements for services that comply with this section to 1 27 the greatest extent possible. 1 28 Sec. 2. Section 29A.1, subsection 9, Code Supplement 2001, 1 29 is amended to read as follows: 1 30 9. "On duty" means training, including unit training 1 31 assemblies, and other training, operational duty, and other 1 32 service which may be required under state or federal law, 1 33 regulations, or orders, and the necessary travel of an officer 1 34 or enlisted person to the place of performance and return home 1 35 after performance of that duty, but does not include federal 2 1 service. A member of the national guard shall be considered 2 2 to be on duty when called to testify about an incident which 2 3 the member observed or was involved in while that member was 2 4 on duty. 2 5 Sec. 3. Section 29A.1, subsection 11, Code Supplement 2 6 2001, is amended to read as follows: 2 7 11. "State active duty" means duty authorized and 2 8 performed under section 29A.8or 29A.9and paid for with state 2 9 funds. "State active duty" also includes serving as the 2 10 adjutant general, a deputy adjutant general, or the state 2 11 quartermaster. 2 12 Sec. 4. Section 29A.7, Code Supplement 2001, is amended to 2 13 read as follows: 2 14 29A.7 COMMANDER IN CHIEF. 2 15 1. The governor is the commander in chief of the military 2 16 forces, except when they are in federal service. The governor 2 17 may employ the military forces of the state for the defenseor2 18reliefof the state,the enforcement of its laws, the2 19protection of life and property,to provide assistance to 2 20 civil authorities in emergencies resulting from disasters or 2 21 public disorders as defined in section 29C.2, including 2 22 homeland security and defense duties, and for parades and 2 23 ceremonies of a civic nature. 2 24 2. The governor shall provide for the participation of the 2 25 national guard in training at the times and places as 2 26 necessary to ensure readiness for public defense or federal 2 27 service. 2 28 3. If circumstances necessitate the establishment of a 2 29 military district under martial law and the general assembly 2 30 is not convened, the district shall be established only after 2 31 the governor has issued a proclamation convening an 2 32 extraordinary session of the general assembly. 2 33 Sec. 5. Section 29A.8, subsection 1, unnumbered paragraph 2 34 1, Code Supplement 2001, is amended to read as follows: 2 35 The governor may order into state active duty the military 3 1 forces of the state, including retired members of the national 3 2 guard,both army and air,as the governor deems proper, under 3 3command of an officer as the governor may designate underone 3 4 or more of the following circumstances: 3 5 Sec. 6. Section 29A.8, subsection 1, paragraphs b and c, 3 6 Code Supplement 2001, are amended to read as follows: 3 7 b. For the purpose ofaidingassisting the civil 3 8 authorities of any political subdivision of the state in 3 9 maintaining law and order in the subdivision in cases of 3 10 breaches of the peace or imminent danger of breaches of the 3 11 peace, if the law enforcement officers of the subdivision are 3 12 unable to maintain law and order, and the civil authorities of 3 13 the subdivision request the assistance. 3 14 c. For the purposes of providing support to civil 3 15 authorities during emergencies resulting from disasters or 3 16 public disorders and for performing homeland defense or 3 17 homeland security duties. 3 18 Sec. 7. Section 29A.8, subsection 1, Code Supplement 2001, 3 19 is amended by adding the following new paragraphs: 3 20 NEW PARAGRAPH. d. For training, recruiting, escort duty, 3 21 and duty at schools of instruction, as a student or 3 22 instructor, including at the Iowa military academy. 3 23 NEW PARAGRAPH. e. To participate in parades and 3 24 ceremonies of a civic nature. 3 25 NEW PARAGRAPH. f. For other purposes as the governor may 3 26 deem necessary. 3 27 Sec. 8. Section 29A.8, subsection 2, Code Supplement 2001, 3 28 is amended by striking the subsection and inserting in lieu 3 29 thereof the following: 3 30 2. The governor may prescribe regulations and requirements 3 31 for duties performed under this section. 3 32 Sec. 9. Section 29A.8A, Code Supplement 2001, is amended 3 33 to read as follows: 3 34 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. A state employee shall take either a full day's leave 4 6 or eight hours of compensatory time on a day in which the 4 7 state employee receives a full day's pay from federal funds 4 8 for national guard duty. 4 9 Sec. 10. Section 29A.19, Code 2001, is amended to read as 4 10 follows: 4 11 29A.19 QUARTERMASTER. 4 12 A present or retired commissioned officer of the national 4 13 guard who has ten years' service in the Iowa army national 4 14 guard or the Iowa air national guard and has attained the 4 15 grade of a field officer, shall be detailed to be the 4 16 quartermaster and property officer of the state, who shall 4 17 have charge of and be accountable for, under the adjutant 4 18 general, all state military property. The quartermaster shall 4 19 keep property returns and reports and give bond to the state 4 20 of Iowa as the governor may direct. 4 21 Sec. 11. Section 29A.25, Code 2001, is amended to read as 4 22 follows: 4 23 29A.25 ENLISTMENTS AND DISCHARGES. 4 24 All enlistments and discharges in the national guard shall 4 25 be as prescribed by federal law and regulations. 4 26 Sec. 12. Section 29A.26, unnumbered paragraph 1, Code 4 27 2001, is amended to read as follows: 4 28 The number and grade of officers and enlisted personnel in 4 29 the state headquarters and headquarters detachment shall be as 4 30 prescribed by federal law and regulations, but. However, in 4 31 case of war, invasion, insurrection,riotemergency, or 4 32 imminent danger thereof, the governor may temporarily increase 4 33suchthe force to meetsuch emergencythe circumstance. 4 34 Sec. 13. Section 29A.26, unnumbered paragraph 2, Code 4 35 2001, is amended by striking the unnumbered paragraph. 5 1 Sec. 14. Section 29A.31, Code 2001, is amended to read as 5 2 follows: 5 3 29A.31 UNLAWFUL ORGANIZATIONS. 5 4 It shall be unlawful for anybody of persons, other than5 5the national guard and the troops of the United States, to5 6associate themselves together asperson to form a military 5 7 organization within the limits of this state without the 5 8 written permission of the governor, which the governor may at 5 9 any time revoke, but this provision shall not prevent civic, 5 10 social, or benevolent organizations from wearing uniforms and 5 11swordsequipment not in conflict with the other provisions of 5 12 this chapter. 5 13 Sec. 15. Section 29A.40, unnumbered paragraph 1, Code 5 14 2001, is amended to read as follows: 5 15NoA member of the national guard shall not wear the 5 16 uniformthereofof the national guard while not on duty 5 17without permission from competent authority, except in 5 18 accordance with state or federal regulations.NoA person, 5 19 firm, or corporation, other than a civic, social, or 5 20 benevolent military organization or the members of such 5 21 organizations organizing for the benefit of all its members, 5 22 shall not incorporate under the name of, or adopt any trade 5 23 name which embodies the name or designation, officially or 5 24 generally recognized as the name of a military organization 5 25 now orheretoforeformerly in existence, or any distinctive 5 26 part of such name.Any person found guilty of a violation of5 27any of the provisions of this section shall be guilty of a5 28simple misdemeanor.5 29 Sec. 16. Section 29A.41, Code 2001, is amended to read as 5 30 follows: 5 31 29A.41 EXEMPTIONS– HONORABLE DISCHARGE. 5 32 A member of the national guard shall not be arrested, or 5 33 served with a summons, order, warrant or other civil process 5 34 after having been ordered to any duty, or while going to, 5 35 attending, or returning from, any place to which theofficer6 1or enlisted personnational guard member is required to go for 6 2 military duty. This section does not prevent theofficer's or6 3enlisted person'snational guard member's arrest by order of a 6 4 military officer or for a felony or breach of the peace 6 5 committed while not in the actual performance of theofficer's6 6or enlisted person'snational guard member's duty. The 6 7 articles of equipment personally owned by such members are 6 8 exempt from seizure or sale for debt.Every member of the6 9national guard who has faithfully served the full term of the6 10member's commission, warrant or enlistment is entitled, upon6 11application, to an honorable discharge, exempting the member6 12from military duty except in time of war or public danger.6 13 Sec. 17. Section 29A.43, Code Supplement 2001, is amended 6 14 to read as follows: 6 15 29A.43 DISCRIMINATION PROHIBITED – LEAVE OF ABSENCE. 6 16 A person shall not discriminate against any officer or 6 17 enlisted person of the national guard or organized reserves of 6 18 the armed forces of the United States because of that 6 19 membership. An employer, or agent of an employer, shall not 6 20 discharge a person from employment because of being an officer 6 21 or enlisted person of the military forces of the state, or 6 22 hinder or prevent the officer or enlisted person from 6 23 performing any military service the person is called upon to 6 24 perform by proper authority. A member of the national guard 6 25 or organized reserves of the armed forces of the United States 6 26 ordered to temporary duty, as defined in section 29A.1, 6 27 subsection 1, 3, or 11, for any purpose is entitled to a leave 6 28 of absence during the period of the duty or service, from the 6 29 member's private employment, other than employment of a 6 30 temporary nature, and upon completion of the duty or service 6 31 the employer shall restore the person to the position held 6 32 prior to the leave of absence, or employ the person in a 6 33 similar position. However, the person shall give evidence to 6 34 the employer of satisfactory completion of the training or 6 35 duty, and that the person is still qualified to perform the 7 1 duties of the position. The period of absence shall be 7 2 construed as an absence with leave, and shall in no way affect 7 3 the employee's rights to vacation, sick leave, bonus, or other 7 4 employment benefits relating to the employee's particular 7 5 employment. A person violating a provision of this section is 7 6 guilty of a simple misdemeanor. 7 7 Sec. 18. Section 29A.50, Code 2001, is amended to read as 7 8 follows: 7 9 29A.50 IMMUNITY. 7 10 The commanding officer and members of any of the military 7 11 forces engaged in the suppression of an insurrection,the7 12dispersion of a mobassistance to civil authorities in 7 13 emergencies, homeland defense, or security duties, or the 7 14 enforcement of the laws, shall have the same immunity as peace 7 15 officers. 7 16 Sec. 19. Section 29A.51, Code 2001, is amended to read as 7 17 follows: 7 18 29A.51 SUIT OR PROCEEDING – DEFENSE. 7 19 If a suit or proceeding is commenced in any court by any 7 20 person againstan officera member of the military forces of 7 21 the state for an act done bythat officerthe member in the 7 22officer'smember's official capacity in the discharge of a 7 23 duty under this chapter or chapter 29B,or against an enlisted7 24person acting under the authority or order of an officer, or7 25by virtue of a warrant issued by the officer pursuant to law,7 26 the attorney general orstatestaff judge advocate, upon the 7 27 request of the adjutant general, shall defend the memberof7 28the military forces of the stateagainst whom the suit or 7 29 proceeding has been instituted. The costs of the defense 7 30 shall be paid out of any funds in the state treasury not 7 31 otherwise appropriated. Before the suit or proceeding is 7 32 filed or maintained against theofficer or enlisted person7 33 member, the plaintiff must give security, to be approved by 7 34 the court in a sum not less than one hundred dollars to secure 7 35 the costs. If the plaintiff fails to recover judgment, the 8 1 costs shall be taxed and judgment rendered against the 8 2 plaintiff and the plaintiff's sureties. Whentroopsmembers 8 3 of the military forces of the state are called intoactive8 4 stateserviceactive duty by the governor under martial law or 8 5as aidtotheassist civil authorities, in addition to the 8 6 judge advocate's other duties, any judge advocate on duty with 8 7 those troops may be appointed by the attorney general as an 8 8 assistant attorney general, without pay for the judge 8 9 advocate's services for acting in that capacity. 8 10 Sec. 20. Section 29A.54, Code 2001, is amended to read as 8 11 follows: 8 12 29A.54 SENIOR COMMANDER ALLOWANCES. 8 13 A fund shall be established from an annual appropriation of 8 14 funds to be used by senior commanders as an expense allowance 8 15 to defer expenses incurred in conducting command functions or 8 16 escorting military guests while acting in their official 8 17 capacity as commander. Appropriations to the fund shall be 8 18 made at the beginning of each fiscal year in the amount of 8 19fourseven hundred fifty dollars for each federally recognized 8 20 general officer of the army national guard and the air 8 21 national guard. The adjutant general of Iowa shall have 8 22 custodial and administrative responsibility for the fund and 8 23 shall prescribe regulations requiring an itemized statement of 8 24 expenditures from the fund. The fund shall not be used to 8 25 purchase an alcoholic beverage or beer. 8 26 Sec. 21. Section 29A.74, unnumbered paragraph 1, Code 8 27 2001, is amended to read as follows: 8 28 Except as otherwise provided in this chapterno, an agency 8 29 created by a power of attorney in writing given by a principal 8 30 who is at the time of execution, or who after executing such 8 31 power of attorney becomes, eithera member of the national 8 32 guard or the armed forces of the United States,ora person 8 33 serving as a merchant seaman outside the limits of the United 8 34 States included within the fifty states and the District of 8 35 Columbia, or a person outsidesaidthose limits by permission, 9 1 assignment or direction of any department,in connection with9 2any activity pertaining to or connected with the prosecution9 3of any war in which the United States is then engaged,shall 9 4 not be revoked or terminated by the death of the principal, as 9 5 to the agent or other person who, without actual knowledge or 9 6 actual notice of the death of the principal, shall have acted 9 7 or shall act, in good faith, under or in reliance upon such 9 8 power of attorney or agency, and any action so taken, unless 9 9 otherwise invalid or unenforceable, shall be binding on the 9 10 heirs, devisees, legatees, or personal representatives of the 9 11 principal. 9 12 Sec. 22. Section 29A.9, Code Supplement 2001, is repealed. 9 13 Sec. 23. EFFECTIVE DATE. This division of this Act, being 9 14 deemed of immediate importance, takes effect upon enactment. 9 15 DIVISION II 9 16 IOWA NATIONAL GUARD CIVIL RELIEF 9 17 Sec. 24. NEW SECTION. 29A.90 DEFINITIONS. 9 18 As used in this division, unless the context otherwise 9 19 requires: 9 20 1. "Dependent" means the spouse and children of a service 9 21 member or any other person dependent upon the service member 9 22 for support. 9 23 2. "Interest" includes service charges, renewal charges, 9 24 fees, or any other charges in respect to any obligation or 9 25 liability. 9 26 3. "Military service" means full-time active state service 9 27 or state active duty, as defined in section 29A.1, for a 9 28 period of at least ninety consecutive days, commencing on or 9 29 after the effective date of this Act. 9 30 4. "Service member" means a member of the military forces 9 31 of the state performing military service. 9 32 Sec. 25. NEW SECTION. 29A.91 APPLICABILITY. 9 33 1. This division shall apply to all service members on 9 34 military orders who are unable to perform, continue, or 9 35 complete civil obligations due to military service. 10 1 2. This division does not apply to military duty performed 10 2 under orders issued pursuant to 10 U.S.C. 10 3 3. Proper application of this division shall suspend or 10 4 postpone actions upon those obligations until thirty days 10 5 after discharge from military service. 10 6 Sec. 26. NEW SECTION. 29A.92 REOPENING DEFAULT 10 7 JUDGMENTS. 10 8 1. A default judgment rendered in any civil action against 10 9 a service member during a period of military service or within 10 10 thirty days after termination of military service may be set 10 11 aside under the following circumstances: 10 12 a. It appears that the service member was prejudiced by 10 13 reason of military service in making a defense to the action. 10 14 b. Application by the service member or the service 10 15 member's legal representative is made to the court rendering 10 16 the judgment not later than thirty days after the termination 10 17 of military service. 10 18 c. The application provides enough facts that it appears 10 19 that the service member has a meritorious or legal defense to 10 20 the action or some part of the action. 10 21 2. Vacating, setting aside, or reversing a judgment 10 22 because of any of the provisions of this chapter shall not 10 23 impair any right or title acquired by a bona fide purchaser 10 24 for value under the judgment. 10 25 Sec. 27. NEW SECTION. 29A.93 STAY OF PROCEEDINGS. 10 26 1. If at any point during an action or proceeding it 10 27 appears that a plaintiff or defendant is a service member and 10 28 may be adversely affected by military service in the conduct 10 29 of the proceedings, the court may, on its own motion, stay the 10 30 proceedings. 10 31 2. The court shall stay the proceedings if the service 10 32 member or another person on the service member's behalf makes 10 33 a request in writing to the court, unless the court determines 10 34 on the record that the ability of the plaintiff to pursue the 10 35 action or the defendant to conduct a defense, is not 11 1 materially affected by reason of military service. 11 2 Sec. 28. NEW SECTION. 29A.94 FINES AND PENALTIES ON 11 3 CONTRACTS. 11 4 1. If compliance with the terms of a contract is stayed 11 5 pursuant to this division, a fine or penalty shall not accrue 11 6 by reason of failure to comply with the terms of the contract 11 7 during the period of the stay. 11 8 2. If a service member has not obtained a stay, and a fine 11 9 or penalty is imposed for nonperformance of an obligation, a 11 10 court may relieve enforcement if the service member was in 11 11 military service when the penalty was incurred and the service 11 12 member's ability to pay or perform was materially impaired. 11 13 Sec. 29. NEW SECTION. 29A.95 EXERCISE OF RIGHTS NOT TO 11 14 AFFECT FUTURE FINANCIAL TRANSACTIONS. 11 15 An application by a service member in military service for, 11 16 or receipt of, a stay, postponement, or suspension under the 11 17 provisions of this division in the payment of any fine, 11 18 penalty, insurance premium, or other civil obligation or 11 19 liability shall not be used as the basis for any of the 11 20 following: 11 21 1. A determination by any lender or other person that the 11 22 service member is unable to pay any civil obligation or 11 23 liability in accordance with its terms. 11 24 2. With respect to a credit transaction between a creditor 11 25 and a service member: 11 26 a. A denial or revocation of credit by the creditor. 11 27 b. A change by the creditor in the terms of an existing 11 28 credit arrangement. 11 29 c. A refusal by the creditor to grant credit to the 11 30 service member in substantially the amount or on substantially 11 31 the terms requested. 11 32 d. An adverse report relating to the creditworthiness of 11 33 the service member by or to any person or entity engaged in 11 34 the practice of assembling or evaluating consumer credit 11 35 information. 12 1 Sec. 30. NEW SECTION. 29A.96 STAY OF EXECUTION OF 12 2 JUDGMENT. 12 3 Unless the court determines on the record that the ability 12 4 of a service member to comply with a judgment or order entered 12 5 or sought is not materially affected by reason of military 12 6 service, the court shall, on its own motion, or upon 12 7 application to it by the service member or another person on 12 8 the service member's behalf, do the following: 12 9 1. Stay the execution of a judgment or order entered 12 10 against the service member, as provided in this chapter. 12 11 2. Vacate or stay an attachment or garnishment of 12 12 property, money, or debts in the hands of another, whether 12 13 before or after judgment as provided in this chapter. 12 14 Sec. 31. NEW SECTION. 29A.97 DURATION OF STAYS. 12 15 1. A stay of an action, proceeding, attachment, or 12 16 execution, ordered by a court under the provisions of this 12 17 division, may be ordered for the period of military service 12 18 plus thirty days after its termination or any part of that 12 19 time period. 12 20 2. Where the service member in military service is a 12 21 codefendant with others, the plaintiff may, with the 12 22 permission of the court, proceed against the others. 12 23 Sec. 32. NEW SECTION. 29A.98 STATUTES OF LIMITATIONS 12 24 AFFECTED BY MILITARY SERVICE. 12 25 The period of military service shall not be included in 12 26 computing any period limited by law, rule, or order for the 12 27 bringing of any action or proceeding in any court, board, 12 28 bureau, commission, department, or other agency of government 12 29 by or against any service member or by or against the service 12 30 member's heirs, executors, administrators, or assigns, whether 12 31 the cause of action or the right or privilege to institute the 12 32 action or proceeding has accrued prior to or during the period 12 33 of military service. 12 34 Sec. 33. NEW SECTION. 29A.99 MAXIMUM RATE OF INTEREST. 12 35 An obligation or liability bearing interest at a rate in 13 1 excess of six percent per year incurred before entry into 13 2 military service by a service member shall not, during any 13 3 part of the period of military service, bear interest at a 13 4 rate in excess of six percent per year unless, in the opinion 13 5 of the court and upon application to the court by the obligee, 13 6 the ability of the service member to pay interest upon the 13 7 obligation or liability at a rate in excess of six percent per 13 8 year is not materially affected by reason of the member's 13 9 service. The court may make any order in the action that, in 13 10 its opinion, is just. 13 11 Sec. 34. NEW SECTION. 29A.100 DEPENDENT BENEFITS. 13 12 Dependents of a service member are entitled to the benefits 13 13 accorded to service members under the provisions of sections 13 14 29A.101 through 29A.105. Dependents may obtain the benefits 13 15 upon application to a court, unless, in the opinion of the 13 16 court, the ability of the dependents to comply with the terms 13 17 of the obligation, contract, lease, or bailment has not been 13 18 materially impaired by reason of the military service of the 13 19 service member of the dependents. 13 20 Sec. 35. NEW SECTION. 29A.101 TERMINATION OF LEASE OR 13 21 RENTAL AGREEMENT – EXCEPTIONS. 13 22 1. A landlord shall not terminate the lease or rental 13 23 agreement of a service member or the service member's 13 24 dependents for nonpayment of rent from any premises used as a 13 25 dwelling by the service member or dependents during the period 13 26 of military service if the rent on the premises occupied by 13 27 the service member or dependents is less than one thousand two 13 28 hundred dollars per month. However, a court may allow an 13 29 eviction or the recovery of property pursuant to chapter 646 13 30 or 648. 13 31 2. In any action affecting the right of possession, the 13 32 court may, on its own motion, stay the proceedings for not 13 33 longer than three months, or make any order the court 13 34 determines to be reasonable and just under the circumstances, 13 35 unless the court finds that the ability of the service member 14 1 to pay the agreed rent is not materially affected by reason of 14 2 military service. 14 3 3. When a stay is granted or other order is made by the 14 4 court, the owner of the premises shall be entitled, upon 14 5 application, to relief with respect to the premises similar to 14 6 that granted service members in military service in sections 14 7 29A.102 through 29A.104 to the extent and for any period as 14 8 the court determines to be just and reasonable under the 14 9 circumstances. 14 10 4. A person who knowingly takes part in any eviction or 14 11 distress otherwise than as provided in subsection 1, or 14 12 attempts to do so, commits a simple misdemeanor. 14 13 5. The governor may order an allotment of the pay of a 14 14 service member in military service in reasonable proportion to 14 15 discharge the rent of premises occupied for dwelling purposes 14 16 by any dependents of the service member. 14 17 Sec. 36. NEW SECTION. 29A.102 INSTALLMENT CONTRACTS. 14 18 1. The creditor of a service member who, prior to entry 14 19 into military service, has entered into an installment 14 20 contract for the purchase of real or personal property shall 14 21 not terminate the contract or repossess the property for 14 22 nonpayment or for any breach occurring during military service 14 23 without an order from a court of competent jurisdiction. 14 24 2. The court, upon application to it under this section, 14 25 shall, unless the court finds on the record that the ability 14 26 of the service member to comply with the terms of the contract 14 27 is not materially affected by reason of military service, do 14 28 one or more of the following: 14 29 a. Order repayment of any prior installments or deposits 14 30 as a condition of terminating the contract and resuming 14 31 possession of the property. 14 32 b. Order a stay of the proceedings on its own motion, or 14 33 on motion by the service member or another person on behalf of 14 34 the service member. 14 35 c. Make any other disposition of the case it considers to 15 1 be equitable to conserve the interests of all parties. 15 2 3. A person who knowingly repossesses property which is 15 3 the subject of this section, other than as provided in 15 4 subsection 1, commits a simple misdemeanor. 15 5 Sec. 37. NEW SECTION. 29A.103 MORTGAGE FORECLOSURES. 15 6 1. The creditor of a service member who, prior to entry 15 7 into military service, has entered into a mortgage contract 15 8 with the service member for the purchase of real or personal 15 9 property shall not foreclose on the mortgage or repossess the 15 10 property for nonpayment or for any breach occurring during 15 11 military service without an order from a court of competent 15 12 jurisdiction. 15 13 2. The court, upon application to it under this section, 15 14 shall, unless the court finds on the record that the ability 15 15 of the service member to comply with the terms of the mortgage 15 16 is not materially affected by reason of military service, do 15 17 one or more of the following: 15 18 a. Order repayment of any prior installments or deposits 15 19 as a condition of terminating the contract and resuming 15 20 possession of the property. 15 21 b. Order a stay of the proceedings on its own motion, or 15 22 on motion by the service member or another person on behalf of 15 23 the service member. 15 24 c. Make any other disposition of the case as it considers 15 25 to be equitable to conserve the interests of all parties. 15 26 3. In order to come within the provisions of this section, 15 27 the service member must establish all of the following: 15 28 a. That relief is sought on an obligation secured by a 15 29 mortgage, trust deed, or other security in the nature of a 15 30 mortgage on either real or personal property. 15 31 b. That the obligation originated prior to the service 15 32 member's entry into military service. 15 33 c. That the property was owned by the service member prior 15 34 to the commencement of military service. 15 35 d. That the property is owned by the service member at the 16 1 time relief is sought. 16 2 4. A person who knowingly forecloses on property that is 16 3 the subject of this section, other than as provided in 16 4 subsection 1, commits a simple misdemeanor. 16 5 Sec. 38. NEW SECTION. 29A.104 APPLICATION FOR RELIEF. 16 6 1. A service member may, at any time during military 16 7 service or within thirty days after discharge or termination 16 8 of military service, apply to a court for relief in respect of 16 9 any obligation or liability incurred by the service member 16 10 prior to military service. 16 11 2. The court, after appropriate notice and hearing, unless 16 12 in its opinion the ability of the service member to comply 16 13 with the terms of the obligation or liability has not been 16 14 materially affected by reason of military service, shall grant 16 15 the following relief: 16 16 a. In the case of an obligation payable under its terms in 16 17 installments under a contract for the purchase of real estate, 16 18 or secured by a mortgage or other instrument in the nature of 16 19 a mortgage upon real estate, a stay of the enforcement of the 16 20 obligation during the applicant's period of military service 16 21 and, from the date of termination of the period of military 16 22 service or from the date of application if made after 16 23 termination of military service, for a period equal to the 16 24 period of the remaining life of the installment contract or 16 25 other instrument plus a period of time equal to the period of 16 26 military service of the applicant, or any part of the combined 16 27 period, subject to payment of the balance of principal and 16 28 accumulated interest due and unpaid at the date of termination 16 29 of the period of military service or from the date of 16 30 application, in equal installments during the combined period 16 31 at the rate of interest on the unpaid balance as is prescribed 16 32 in the contract, or other instrument evidencing the 16 33 obligation, for installments paid when due, and subject to any 16 34 other terms as the court may consider just. 16 35 b. In the case of any other obligation or liability, a 17 1 stay of the enforcement during the applicant's period of 17 2 military service and, from the date of termination of the 17 3 period of military service or from the date of application if 17 4 made after termination of the period of military service, for 17 5 a period of time equal to the period of military service of 17 6 the applicant or any part of that period, subject to payment 17 7 of the balance of principal and accumulated interest due and 17 8 unpaid at the date of termination of the period of military 17 9 service or from the date of application, in equal periodic 17 10 installments during the extended period at the rate of 17 11 interest prescribed for the obligation or liability, if paid 17 12 when due, and subject to other terms the court considers to be 17 13 reasonable and just. 17 14 3. When any court has granted a stay as provided in this 17 15 section, a fine or penalty shall not accrue for failure to 17 16 comply with the terms or conditions of the obligation or 17 17 liability for which the stay was granted during the period the 17 18 terms and conditions of the stay are complied with. 17 19 Sec. 39. NEW SECTION. 29A.105 PROVISIONS APPLY 17 20 NOTWITHSTANDING CONTRARY CODE PROVISIONS. 17 21 Sections 29A.90 through 29A.104 apply notwithstanding any 17 22 contrary provision of state law, which may include but is not 17 23 limited to Titles XIII, XIV, and XV. 17 24 Sec. 40. EFFECTIVE DATE. This division of this Act, being 17 25 deemed of immediate importance, takes effect upon enactment. 17 26 DIVISION III 17 27 MILITARY JUSTICE 17 28 Sec. 41. Section 29B.1, Code 2001, is amended to read as 17 29 follows: 17 30 29B.1 PERSONS SUBJECT TO CODE. 17 31 This chapter applies to all members of the state military 17 32 forces, while not in federal service. As used in this 17 33 chapter, unless the context otherwise requires, "state 17 34 military forces"means the national guard of the state of Iowa17 35as defined in 32 U.S.C. } 101, (3, 4, 6) (1981) and any other18 1military force organized under state law when the national18 2guard or other military force is not in a status subjecting it18 3to jurisdiction under 10 U.S.C. ch. 47 (1981)has the same 18 4 meaning as in section 29A.6, and "code" means this chapter, 18 5 which may be cited as the "Iowa Code of Military Justice". 18 6 Sec. 42. Section 29B.13, unnumbered paragraph 1, Code 18 7 2001, is amended to read as follows: 18 8 Undersuchregulations as may be prescribed under this code 18 9 a person subject to this code who is on active state service 18 10 or state active duty who is accused of an offense against 18 11 civil authority may be delivered, upon request, to the civil 18 12 authority for trial. 18 13 Sec. 43. Section 29B.22, unnumbered paragraphs 1 and 2, 18 14 Code 2001, are amended by striking the paragraphs and 18 15 inserting in lieu thereof the following: 18 16 A judge advocate in the state military forces shall be a 18 17 commissioned officer who is a member of the bar of the state. 18 18 However, a judge advocate serving in the military forces of 18 19 the state on the effective date of this division of this Act 18 20 who is not a member of the bar of the state shall not be 18 21 required to become a member of the bar of the state to 18 22 maintain military membership as a judge advocate. A judge 18 23 advocate shall be either a federally recognized judge advocate 18 24 or appointed as a judge advocate in the state military forces 18 25 by the adjutant general. 18 26 The adjutant general shall designate a staff judge advocate 18 27 for the army national guard and the air national guard. The 18 28 adjutant general may appoint the number of judge advocates of 18 29 the state military forces as the adjutant general considers 18 30 necessary to perform state active duty to supplement or 18 31 replace national guard judge advocates in emergencies or when 18 32 the national guard judge advocates are in federal service. 18 33 Sec. 44. Section 29B.27, unnumbered paragraph 2, Code 18 34 2001, is amended to read as follows: 18 35 A military judge must be a commissioned officer of the 19 1 state armed forces or a retired officer of the reserve 19 2 components of the armed forces of the United States, a member 19 3 of the bar of a federal court or a member of the bar of the 19 4 highest court of the state, and certified to be qualified for 19 5 the duty by thejudge advocate of the armed forces or the19 6stateappropriate staff judge advocate of the state force 19 7 concerned. Thestatejudge advocate responsible for 19 8 certifying the military judge may recommend to the adjutant 19 9 general that the adjutant general order to active duty retired 19 10 personnel of the national guard or the United States armed 19 11 forces who are qualified to act as military judges. 19 12 Sec. 45. Section 29B.28, unnumbered paragraph 2, Code 19 13 2001, is amended to read as follows: 19 14 Trial counsel or defense counsel detailed for a general 19 15 court-martial must be a person who is a member of the bar of 19 16 the highest court of the state, or a member of the bar of a19 17federal courtand certified as competent for the duty by the 19 18statestaff judge advocate. 19 19 Sec. 46. Section 29B.35, unnumbered paragraph 1, Code 19 20 2001, is amended to read as follows: 19 21 Before directing the trial of any charge by general court- 19 22 martial, the convening authority shall referitthe charge to 19 23 thestateappropriate staff judge advocate of the state force 19 24 concerned for consideration and advice. The convening 19 25 authority may not refer a charge to a general court-martial 19 26 for trial unless the authority has found that the charge 19 27 alleges an offense under this code and is warranted by 19 28 evidence indicated in the report of the investigation. 19 29 Sec. 47. Section 29B.62, Code 2001, is amended to read as 19 30 follows: 19 31 29B.62 SAME – GENERAL COURT-MARTIAL RECORDS. 19 32 The convening authority shall refer the record of each 19 33 general court-martial to thestateappropriate staff judge 19 34 advocate of the state force concerned, who shall submit a 19 35 written opinion thereon to the convening authority. If the 20 1 final action of the court has resulted in an acquittal of all 20 2 charges and specifications, the opinion shall be limited to 20 3 questions of jurisdiction. 20 4 Sec. 48. Section 29B.65, subsections 2, 4, 5, 6, and 7, 20 5 Code 2001, are amended to read as follows: 20 6 2. In all other cases not covered by subsection 1of this20 7section, if the sentence of a special court-martial as 20 8 approved by the convening authority includes a bad-conduct 20 9 discharge, dishonorable discharge, dismissal, or confinement, 20 10 whether or not suspended, the entire record shall be sent to 20 11 the appropriate staff judge advocate of the state force 20 12 concerned to be reviewed in the same manner as a record of 20 13 trial by general court-martial.The record and the opinion of20 14the staff judge advocate or legal officer shall then be sent20 15to the state judge advocate for review.20 16 4. Thestatestaff judge advocate of the state force 20 17 concerned shall review the record of trial in each case sent 20 18 for review as provided under this section. If the final 20 19 action of the court-martial has resulted in an acquittal of 20 20 all charges and specifications, the opinion of thestatestaff 20 21 judge advocate is limited to questions of jurisdiction. 20 22 Thestatestaff judge advocate shall take final action in 20 23 any case reviewable by thestatestaff judge advocate. 20 24 5. In a case reviewable by the appropriatestatestaff 20 25 judge advocate under this section, thestatestaff judge 20 26 advocate may act only with respect to the findings and 20 27 sentence as approved by the convening authority. Thestate20 28 staff judge advocate may affirm only such findings of guilty, 20 29 and the sentence or such part or amount of the sentence, as 20 30 thestatestaff judge advocate finds correct in law and fact 20 31 and determines, on the basis of the entire record, should be 20 32 approved. In consideration of the record, thestatestaff 20 33 judge advocate may weigh the evidence, judge the credibility 20 34 of witnesses, and determine controverted questions of fact, 20 35 recognizing that the trial court saw and heard the witnesses. 21 1 If thestatestaff judge advocate sets aside the findings and 21 2 sentence, thestatestaff judge advocate may, except where the 21 3 setting aside is based on lack of sufficient evidence in the 21 4 record to support the findings, order a rehearing. If the 21 5statestaff judge advocate sets aside the findings and 21 6 sentence and does not order a rehearing, thestatestaff judge 21 7 advocate shall order that the charges be dismissed. 21 8 6. In a case reviewable by thestatestaff judge advocate 21 9 under this section, thestatestaff judge advocate shall 21 10 instruct the convening authority to act in accordance with the 21 11 decision on the review. If thestatestaff judge advocate has 21 12 ordered a rehearing but the convening authority finds a 21 13 rehearing impracticable, thestatestaff judge advocate may 21 14 dismiss the charges. 21 15 7. Thestatestaff judge advocate may order one or more 21 16 boards of review each composed of not less than three 21 17 commissioned officers of the state military forces, each of 21 18 whom must be a member of the bar of the highest court of the 21 19 state. Each board of review shall review the record of any 21 20 trial by court-martial including a sentence to a dishonorable 21 21 discharge, dismissal or confinement, referred to it by the 21 22statestaff judge advocate. Boards of review have the same 21 23 authority on review as thestatestaff judge advocate has 21 24 under this section. 21 25 Sec. 49. Section 29B.67, Code 2001, is amended to read as 21 26 follows: 21 27 29B.67 REVIEW COUNSEL. 21 28 Upon the final review of a sentence of a general court- 21 29 martial or of a sentence to a dishonorable discharge, 21 30 dismissal, or confinement, the accused has the right to be 21 31 represented by counsel before the reviewing authority,and 21 32 before the appropriate staff judge advocate, and before the21 33appropriate state judge advocate. 21 34 Upon the request of an accused entitled to be so 21 35 represented, thestateappropriate staff judge advocate shall 22 1 appoint a lawyer who is a member of the state military forces 22 2 and who has the qualifications prescribed in section 29B.28, 22 3 if available, to represent the accused before the reviewing 22 4 authority,and before the appropriate staff judge advocate, 22 5and before the appropriate state judge advocate,in the review 22 6 of cases specified in this section. 22 7 If provided by the accused, an accused entitled to be so 22 8 represented may be represented by civilian counsel before the 22 9 reviewing authority,and before the appropriate staff judge 22 10 advocateand before the appropriate state judge advocate. 22 11 Sec. 50. Section 29B.116, Code 2001, is amended to read as 22 12 follows: 22 13 29B.116 GENERAL ARTICLE. 22 14 Though not specifically mentioned in this code, all 22 15 disorders and neglects to the prejudice of good order and 22 16 discipline in the state military forces, of which persons 22 17 subject to this code may be guilty, shall be taken cognizance 22 18 of by a general, special, or summary court-martial, according 22 19 to the nature and degree of the offense, and shall be punished 22 20 at the discretion of that court. However, cognizance shall 22 21 not be taken of, and jurisdiction shall not be extended to, 22 22 the crimes of murder, manslaughter, sexual abuse, robbery, 22 23 maiming,sodomy,arson, extortion, assault, burglary, or 22 24 housebreaking, jurisdiction of which is reserved to civil 22 25 courts. 22 26 Sec. 51. Section 29B.129, subsection 1, Code 2001, is 22 27 amended by striking the subsection. 22 28 Sec. 52. EFFECTIVE DATE. This division of this Act, being 22 29 deemed of immediate importance, takes effect upon enactment. 22 30 DIVISION IV 22 31 EMERGENCY MANAGEMENT DIVISION 22 32 Sec. 53. Section 22.7, Code Supplement 2001, is amended by 22 33 adding the following new subsection: 22 34 NEW SUBSECTION. 43. The critical asset protection plan or 22 35 any part of the plan prepared pursuant to section 29C.8 and 23 1 any information held by the emergency management division that 23 2 was supplied to the division by a public or private agency or 23 3 organization and used in the development of the critical asset 23 4 protection plan to include, but not be limited to, surveys, 23 5 lists, maps, or photographs. However, the administrator shall 23 6 make the list of assets available for examination by any 23 7 person. A person wishing to examine the list of assets shall 23 8 make a written request to the administrator on a form approved 23 9 by the administrator. The list of assets may be viewed at the 23 10 division's offices during normal working hours. The list of 23 11 assets shall not be copied in any manner. Communications and 23 12 asset information not required by law, rule, or procedure that 23 13 are provided to the administrator by persons outside of 23 14 government and for which the administrator has signed a 23 15 nondisclosure agreement are exempt from public disclosures. 23 16 The emergency management division may provide all or part of 23 17 the critical asset plan to federal, state, or local 23 18 governmental agencies which have emergency planning or 23 19 response functions if the administrator is satisfied that the 23 20 need to know and intended use are reasonable. An agency 23 21 receiving critical asset protection plan information from the 23 22 division shall not redisseminate the information without prior 23 23 approval of the administrator. 23 24 Sec. 54. Section 29C.8, subsection 3, Code Supplement 23 25 2001, is amended by adding the following new paragraph: 23 26 NEW PARAGRAPH. e. Prepare a critical asset protection 23 27 plan that contains an inventory of infrastructure, facilities, 23 28 systems, other critical assets, and symbolic landmarks, an 23 29 assessment of the criticality, vulnerability, and level of 23 30 threat to the assets, and information pertaining to the 23 31 mobilization, deployment, and tactical operations involved in 23 32 responding to or protecting the assets. 23 33 Sec. 55. NEW SECTION. 29C.22 STATEWIDE MUTUAL AID 23 34 COMPACT. 23 35 This statewide mutual aid compact is entered into with all 24 1 other counties, cities, and other political subdivisions that 24 2 enter into this compact in substantially the following form: 24 3 ARTICLE I 24 4 PURPOSE AND AUTHORITIES 24 5 This compact is made and entered into by and between the 24 6 participating counties, cities, and political subdivisions 24 7 which enact this compact. For the purposes of this agreement, 24 8 the term "participating governments" means counties, cities, 24 9 townships, and other political subdivisions of the state which 24 10 have, through ordinance or resolution of the governing body, 24 11 acted to adopt this compact. 24 12 The purpose of this compact is to provide for mutual 24 13 assistance between the participating governments entering into 24 14 this compact in managing any emergency or disaster that is 24 15 declared in accordance with a countywide comprehensive 24 16 emergency operations plan or by the governor, whether arising 24 17 from natural disaster, technological hazard, man-made 24 18 disaster, community disorder, insurgency, terrorism, or enemy 24 19 attack. 24 20 This compact shall also provide for mutual cooperation in 24 21 emergency-related exercises, testing, or other training 24 22 activities using equipment and personnel simulating 24 23 performance of any aspect of the giving and receiving of aid 24 24 by participating governments during emergencies, such actions 24 25 occurring outside actual declared emergency periods. 24 26 ARTICLE II 24 27 GENERAL IMPLEMENTATION 24 28 Each participating government entering into this compact 24 29 recognizes many emergencies transcend political jurisdictional 24 30 boundaries and that intergovernmental coordination is 24 31 essential in managing these and other emergencies under this 24 32 compact. Each participating government further recognizes 24 33 that there will be emergencies which require immediate access 24 34 and present procedures to apply outside resources to make a 24 35 prompt and effective response to the emergency. This is 25 1 because few, if any, individual governments have all the 25 2 resources they may need in all types of emergencies or the 25 3 capability of delivering resources to areas where emergencies 25 4 exist. 25 5 The prompt, full, and effective use of resources of the 25 6 participating governments, including any resources on hand or 25 7 available from any source, that are essential to the safety, 25 8 care, and welfare of the people in the event of any emergency 25 9 or disaster declared by the governor or any participating 25 10 government, shall be the underlying principle on which all 25 11 articles of this compact shall be understood. 25 12 On behalf of the participating government in the compact, 25 13 the legally designated official who is assigned responsibility 25 14 for emergency management will be responsible for formulation 25 15 of the appropriate intrastate mutual aid plans and procedures 25 16 necessary to implement this compact. 25 17 ARTICLE III 25 18 PARTICIPATING GOVERNMENT RESPONSIBILITIES 25 19 1. It shall be the responsibility of each participating 25 20 government to formulate procedural plans and programs for 25 21 intrastate cooperation in the performance of the 25 22 responsibilities listed in this article. In formulating the 25 23 plans, and in carrying them out, the participating 25 24 governments, insofar as practical, shall: 25 25 a. Review individual hazards analyses and, to the extent 25 26 reasonably possible, determine all those potential emergencies 25 27 the participating governments might jointly suffer, whether 25 28 due to natural disaster, technological hazard, man-made 25 29 disaster, civil disorders, insurgency, terrorism, or enemy 25 30 attack. 25 31 b. Review the participating governments' individual 25 32 emergency plans and develop a plan that will determine the 25 33 mechanism for the intrastate management and provision of 25 34 assistance concerning any potential emergency. 25 35 c. Develop intrastate procedures to fill any identified 26 1 gaps and to resolve any identified inconsistencies or overlaps 26 2 in existing or developed plans. 26 3 d. Assist in warning communities adjacent to or crossing 26 4 the participating governments' boundaries. 26 5 e. Protect and ensure uninterrupted delivery of services, 26 6 medicines, water, food, energy and fuel, search and rescue, 26 7 and critical lifeline equipment, services, and resources, both 26 8 human and material. 26 9 f. Inventory and set procedures for the intrastate loan 26 10 and delivery of human and material resources, together with 26 11 procedures for reimbursement or forgiveness. 26 12 g. Provide, to the extent authorized by law, for temporary 26 13 suspension of any ordinances that restrict the implementation 26 14 of the above responsibilities. 26 15 2. The authorized representative of a participating 26 16 government may request assistance of another participating 26 17 government by contacting the authorized representative of that 26 18 participating government. The provisions of this compact 26 19 shall only apply to requests for assistance made by and to 26 20 authorized representatives. Requests may be verbal or in 26 21 writing. If verbal, the request shall be confirmed in writing 26 22 within thirty days of the verbal request. Requests shall 26 23 provide all of the following: 26 24 a. A description of the emergency service function for 26 25 which assistance is needed, such as but not limited to fire 26 26 services, law enforcement, emergency medical, transportation, 26 27 communications, public works and engineering, building 26 28 inspection, planning and information assistance, mass care, 26 29 resource support, health and medical services, and search and 26 30 rescue. 26 31 b. The amount and type of personnel, equipment, materials 26 32 and supplies needed, and a reasonable estimate of the length 26 33 of time that the personnel, equipment, materials, and supplies 26 34 will be needed. 26 35 c. The specific place and time for staging of the 27 1 assisting participating government's response and a point of 27 2 contact at that location. 27 3 3. The authorized representative of a participating 27 4 government may initiate a request by contacting the emergency 27 5 management division of the state department of public defense. 27 6 When a request is received by the division, the division shall 27 7 directly contact other participating governments to coordinate 27 8 the provision of mutual aid. 27 9 4. Frequent consultation shall occur between officials who 27 10 have been assigned emergency management responsibilities and 27 11 other appropriate representatives of the participating 27 12 governments with affected jurisdictions and state government, 27 13 with free exchange of information, plans, and resource records 27 14 relating to emergency capabilities. 27 15 ARTICLE IV 27 16 LIMITATIONS 27 17 Any participating government requested to render mutual aid 27 18 or conduct exercises and training for mutual aid shall take 27 19 the necessary action to provide and make available the 27 20 resources covered by this compact in accordance with the terms 27 21 of the compact. However, it is understood that the 27 22 participating government rendering aid may withhold resources 27 23 to the extent necessary to provide reasonable protection for 27 24 the participating government. Each participating government 27 25 shall afford to the emergency forces of any other 27 26 participating government, while operating within its 27 27 jurisdictional limits under the terms and conditions of this 27 28 compact, the same powers, except that of arrest unless 27 29 specifically authorized by the receiving participating 27 30 government, duties, rights, and privileges as are afforded 27 31 forces of the participating government in which the emergency 27 32 forces are performing emergency services. Emergency forces 27 33 shall continue under the command and control of their regular 27 34 leaders, but the organizational units shall come under the 27 35 operational control of the emergency services authorities of 28 1 the participating government receiving assistance. These 28 2 conditions may be activated, as needed, only subsequent to a 28 3 declaration of a state of emergency or disaster by the 28 4 governor or by competent authority of the participating 28 5 government that is to receive assistance or commencement of 28 6 exercises or training for mutual aid and shall continue so 28 7 long as the exercises or training for mutual aid are in 28 8 progress, the state of emergency or disaster remains in 28 9 effect, or loaned resources remain in the receiving 28 10 jurisdiction, whichever is longer. 28 11 ARTICLE V 28 12 LICENSES AND PERMITS 28 13 If a person holds a license, certificate, or other permit 28 14 issued by any participating government to this compact 28 15 evidencing the meeting of qualifications for professional, 28 16 mechanical, or other skills, and when the assistance is 28 17 requested by another participating government, the person 28 18 shall be deemed licensed, certified, or permitted by the 28 19 participating government requesting assistance to render aid 28 20 involving the skill to meet a declared emergency or disaster, 28 21 subject to the limitations and conditions as the governor may 28 22 prescribe by executive order or otherwise. 28 23 ARTICLE VI 28 24 LIABILITY 28 25 Officers or employees of a participating government 28 26 rendering aid in another participating government jurisdiction 28 27 pursuant to this compact shall be considered agents of the 28 28 requesting participating government for tort liability and 28 29 immunity purposes and a participating government or its 28 30 officers or employees rendering aid in another jurisdiction 28 31 pursuant to this compact shall not be liable on account of any 28 32 act or omission in good faith on the part of the forces while 28 33 so engaged or on account of the maintenance or use of any 28 34 equipment or supplies in connection with the aid. Good faith 28 35 in this article shall not include willful misconduct, gross 29 1 negligence, or recklessness. 29 2 ARTICLE VII 29 3 SUPPLEMENTARY AGREEMENTS 29 4 Because it is probable that the pattern and detail of the 29 5 machinery for mutual aid among two or more participating 29 6 governments may differ from that among other participating 29 7 governments, this compact contains elements of a broad base 29 8 common to all political subdivisions, and this compact shall 29 9 not preclude any political subdivision from entering into 29 10 supplementary agreements with another political subdivision or 29 11 affect any other agreements already in force between political 29 12 subdivisions. Supplementary agreements may include, but shall 29 13 not be limited to, provisions for evacuation and reception of 29 14 injured and other persons and the exchange of medical, fire, 29 15 police, public utility, reconnaissance, welfare, 29 16 transportation and communications personnel, and equipment and 29 17 supplies. 29 18 ARTICLE VIII 29 19 WORKERS' COMPENSATION 29 20 Each participating government shall provide for the payment 29 21 of workers' compensation and death benefits to injured members 29 22 of the emergency forces of that participating government and 29 23 representatives of deceased members of the emergency forces in 29 24 case the members sustain injuries or are killed while 29 25 rendering aid pursuant to this compact, in the same manner and 29 26 on the same terms as if the injury or death were sustained 29 27 within their own jurisdiction. 29 28 ARTICLE IX 29 29 REIMBURSEMENT 29 30 Any participating government rendering aid in another 29 31 jurisdiction pursuant to this compact shall be reimbursed by 29 32 the participating government receiving the emergency aid for 29 33 any loss or damage to or expense incurred in the operation of 29 34 any equipment and the provision of any service in answering a 29 35 request for aid and for the costs incurred in connection with 30 1 the requests. However, an aiding political subdivision may 30 2 assume in whole or in part the loss, damage, expense, or other 30 3 cost, or may loan the equipment or donate the services to the 30 4 receiving participating government without charge or cost, and 30 5 any two or more participating governments may enter into 30 6 supplementary agreements establishing a different allocation 30 7 of costs among the participating governments. Article VIII 30 8 expenses shall not be reimbursable under this provision. 30 9 ARTICLE X 30 10 EVACUATION AND SHELTERING 30 11 Plans for the orderly evacuation and reception of portions 30 12 of the civilian population as the result of any emergency or 30 13 disaster shall be worked out and maintained between the 30 14 participating governments and the emergency management or 30 15 services directors of the various jurisdictions where any type 30 16 of incident requiring evacuations might occur. The plans 30 17 shall be put into effect by request of the participating 30 18 government from which evacuees come and shall include the 30 19 manner of transporting the evacuees, the number of evacuees to 30 20 be received in different areas, the manner in which food, 30 21 clothing, housing, and medical care will be provided, the 30 22 registration of the evacuees, the providing of facilities for 30 23 the notification of relatives or friends, and the forwarding 30 24 of the evacuees to other areas or the bringing in of 30 25 additional materials, supplies, and all other relevant 30 26 factors. The plans shall provide that the participating 30 27 government receiving evacuees and the participating government 30 28 from which the evacuees come shall mutually agree as to 30 29 reimbursement of out-of-pocket expenses incurred in receiving 30 30 and caring for the evacuees, for expenditures for 30 31 transportation, food, clothing, medicines and medical care, 30 32 and like items. The expenditures shall be reimbursed as 30 33 agreed by the participating government from which the evacuees 30 34 come. After the termination of the emergency or disaster, the 30 35 participating government from which the evacuees come shall 31 1 assume the responsibility for the ultimate support of 31 2 repatriation of such evacuees. 31 3 ARTICLE XI 31 4 IMPLEMENTATION 31 5 1. This compact shall become operative immediately upon 31 6 its adoption by ordinance or resolution by the governing 31 7 bodies of any two political subdivisions. Thereafter, this 31 8 compact shall become effective as to any other political 31 9 subdivision upon its adoption by ordinance or resolution of 31 10 the governing body of the political subdivision. 31 11 2. Any participating government may withdraw from this 31 12 compact by adopting an ordinance or resolution repealing the 31 13 same, but a withdrawal shall not take effect until thirty days 31 14 after the governing body of the withdrawing participating 31 15 government has given notice in writing of the withdrawal to 31 16 the administrator of the emergency management division who 31 17 shall notify all other participating governments. The action 31 18 shall not relieve the withdrawing political subdivision from 31 19 obligations assumed under this compact prior to the effective 31 20 date of withdrawal. 31 21 3. Duly authenticated copies of this compact and any 31 22 supplementary agreements as may be entered into shall be 31 23 deposited, at the time of their approval, with the 31 24 administrator of the emergency management division who shall 31 25 notify all participating governments and other appropriate 31 26 agencies of state government. 31 27 ARTICLE XII 31 28 VALIDITY 31 29 This compact shall be construed to effectuate the purposes 31 30 stated in article I. If any provision of this compact is 31 31 declared unconstitutional, or the applicability of the compact 31 32 to any person or circumstances is held invalid, the 31 33 constitutionality of the remainder of this compact and the 31 34 applicability of this compact to other persons and 31 35 circumstances shall not be affected. 32 1 Sec. 56. EFFECTIVE DATE. This division of this Act, being 32 2 deemed of immediate importance, takes effect upon enactment. 32 3 DIVISION V 32 4 IOWA TECHNOLOGY CENTER 32 5 Sec. 57. Section 18.6, Code 2001, is amended by adding the 32 6 following new subsection: 32 7 NEW SUBSECTION. 17. This section does not apply to Iowa 32 8 technology center contracts in support of activities performed 32 9 for another governmental entity, either state or federal. The 32 10 Iowa technology center is an entity created by a chapter 28E 32 11 agreement entered into by the department of public defense. 32 12 Sec. 58. Section 23A.2, subsection 10, Code Supplement 32 13 2001, is amended by adding the following new paragraph: 32 14 NEW PARAGRAPH. p. The provision of goods or services by 32 15 the Iowa technology center as a part of an intergovernmental 32 16 solution involving the federal government or a state agency. 32 17 The Iowa technology center is an entity created by a chapter 32 18 28E agreement entered into by the department of public 32 19 defense. 32 20 32 21 32 22 32 23 MARY E. KRAMER 32 24 President of the Senate 32 25 32 26 32 27 32 28 BRENT SIEGRIST 32 29 Speaker of the House 32 30 32 31 I hereby certify that this bill originated in the Senate and 32 32 is known as Senate File 2124, Seventy-ninth General Assembly. 32 33 32 34 32 35 33 1 MICHAEL E. MARSHALL 33 2 Secretary of the Senate 33 3 Approved , 2002 33 4 33 5 33 6 33 7 THOMAS J. VILSACK 33 8 Governor
Text: SF02123 Text: SF02125 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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