Text: HF00648 Text: HF00650 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 29C.8, subsection 3, Code 2003, is 1 2 amended by adding the following new paragraphs: 1 3 NEW PARAGRAPH. f. (1) Approve and support the 1 4 development and ongoing operations of an urban search and 1 5 rescue team to be deployed as a resource to supplement and 1 6 enhance emergency and disaster operations. 1 7 (2) A member of an urban search and rescue team acting 1 8 under the authority of the administrator or pursuant to a 1 9 governor's disaster proclamation as provided in section 29C.6 1 10 shall be considered an employee of the state under chapter 669 1 11 and shall be afforded protection as an employee of the state 1 12 under section 669.21. Disability, workers' compensation, and 1 13 death benefits for team members working under the authority of 1 14 the administrator or pursuant to the provisions of section 1 15 29C.6 shall be paid by the state in a manner consistent with 1 16 the provisions of chapter 85, 410, or 411 as appropriate, 1 17 depending on the status of the member. 1 18 NEW PARAGRAPH. g. Develop, implement, and support a 1 19 uniform incident command system to be used by state agencies 1 20 to facilitate efficient and effective assistance to those 1 21 affected by emergencies and disasters. This system shall be 1 22 consistent with the requirements of the United States 1 23 occupational safety and health administration and a national 1 24 incident management system. 1 25 Sec. 2. Section 29C.20, subsection 1, Code 2003, is 1 26 amended to read as follows: 1 27 1. a. A contingent fund is created in the state treasury 1 28 for the use of the executive council which may be expended for 1 29 thepurpose of payingfollowing purposes: 1 30 (1) Paying the expenses of suppressing an insurrection or 1 31 riot, actual or threatened, when state aid has been rendered 1 32 by order of the governor, and for repairing,. 1 33 (2) Repairing, rebuilding, or restoring state property 1 34 injured, destroyed, or lost by fire, storm, theft, or 1 35 unavoidable cause, and for repairing,. 2 1 (3) Repairing, rebuilding, or restoring state property 2 2whichthat is fiberoptic cable andwhichthat is injured or 2 3 destroyed by a wild animal, and for aid to. 2 4 (4) Paying the expenses incurred by and claims of an urban 2 5 search and rescue team when acting under the authority of the 2 6 administrator and the provisions of section 29C.6. 2 7 (5) (a) Aiding any governmental subdivision in an area 2 8 declared by the governor to be a disaster area due to natural 2 9 disasters or to expenditures necessitated by the governmental 2 10 subdivision toward averting or lessening the impact of the 2 11 potential disaster, where the effect of the disaster or action 2 12 on the governmental subdivision is the immediate financial 2 13 inability to meet the continuing requirements of local 2 14 government. 2 15 (b) Upon application by a governmental subdivision in such 2 16 an area, accompanied by a showing of obligations and 2 17 expenditures necessitated by an actual or potential disaster 2 18 in a form and with further information the executive council 2 19 requires, the aid may be made in the discretion of the 2 20 executive council and, if made, shall be in the nature of a 2 21 loan up to a limit of seventy-five percent of the showing of 2 22 obligations and expenditures. The loan, without interest, 2 23 shall be repaid by the maximum annual emergency levy 2 24 authorized by section 24.6, or by the appropriate levy 2 25 authorized for a governmental subdivision not covered by 2 26 section 24.6. The aggregate total of loans shall not exceed 2 27 one million dollars during a fiscal year. A loan shall not be 2 28 for an obligation or expenditure occurring more than two years 2 29 previous to the application. 2 30 b. When a state department or agency requests that moneys 2 31 from the contingent fund be expended to repair, rebuild, or 2 32 restore state property injured, destroyed, or lost by fire, 2 33 storm, theft, or unavoidable cause, or to repair, rebuild, or 2 34 restore state propertywhichthat is fiberoptic cable and 2 35whichthat is injured or destroyed by a wild animal, or for 3 1 payment of the expenses incurred by and claims of an urban 3 2 search and rescue team when acting under the authority of the 3 3 administrator and the provisions of section 29.6, the 3 4 executive council shall consider the original source of the 3 5 funds for acquisition of the property before authorizing the 3 6 expenditure. If the original source was other than the 3 7 general fund of the state, the department or agency shall be 3 8 directed to utilize moneys from the original source if 3 9 possible. The executive council shall not authorize the 3 10 repairing, rebuilding, or restoring of the property from the 3 11 disaster aid contingent fund if it determines that moneys from 3 12 the original source are available to finance the project. 3 13 Sec. 3. Section 34A.7A, subsection 1, paragraphs a and b, 3 14 Code 2003, are amended to read as follows: 3 15 a. Notwithstanding section 34A.6, the administrator shall 3 16 adopt by rule a monthly surcharge of up tofiftyseventy-five 3 17 cents to be imposed on each wireless communications service 3 18 number provided in this state. The surcharge shall be imposed 3 19 uniformly on a statewide basis and simultaneously on all 3 20 wireless communications service numbers as provided by rule of 3 21 the administrator. 3 22 b. The administrator shall provide no less than one 3 23 hundred days' notice of the surcharge to be imposed to each 3 24 wireless communications service provider. The administrator, 3 25 subject to thefifty centseventy-five-cent limit in paragraph 3 26 "a", may adjust the amount of the surcharge as necessary, but 3 27 no more than once in any calendar year. 3 28 Sec. 4. Section 34A.7A, subsection 2, paragraph b, 3 29 subparagraph (1), Code 2003, is amended to read as follows: 3 30 (1) The administrator shall retain funds necessary to 3 31 reimburse wireless carriers for their costs to deliver E911 3 32 services. The administrator shall assure that wireless 3 33 carriers recover all eligible costs associated with the 3 34 implementation and operation of E911 services, including but 3 35 not limited to hardware, software, and transport costs, before 4 1 proceeding with implementation of wireless E911 phase 2 4 2 services. The administrator shall adopt rules defining 4 3 eligible costs which are consistent with federal law, 4 4 regulations, and any order of a federal agency. 4 5 Sec. 5. Section 34A.7A, subsection 2, paragraph c, 4 6 subparagraph (3), Code 2003, is amended to read as follows: 4 7 (3) The administrator shall submit an annual report by 4 8 January 15 of each year advising the general assembly of the 4 9 status of E911 implementation and operations, including both 4 10 land-line and wireless services, and the distribution of 4 11 surcharge receipts. The annual report shall specifically 4 12 contain a section with a detailed description regarding how 4 13 the proceeds from the increased surcharge is being spent. 4 14 Sec. 6. EFFECTIVE DATE. Section 29C.8, subsection 3, 4 15 paragraph "f", as enacted in this Act, and the amendment to 4 16 section 29C.20, subsection 1, take effect July 1, 2004. 4 17 EXPLANATION 4 18 This bill amends Code chapter 34A, relating to enhanced 911 4 19 emergency telephone systems, and related changes in Code 4 20 chapter 29C, pertaining to the powers and duties of the 4 21 administrator of the emergency management division of the 4 22 department of public safety. 4 23 The bill amends Code section 29C.8 by requiring the 4 24 administrator of the emergency management division of the 4 25 department of public defense to approve and support the 4 26 development and ongoing operations of an urban search and 4 27 rescue team within the state. Members of the team when acting 4 28 under the direction of the administrator or pursuant to a 4 29 governor's disaster proclamation are considered employees of 4 30 the state and shall be compensated for disability, workers' 4 31 compensation, and death benefits as appropriate. The 4 32 administrator of the emergency management division of the 4 33 department of public defense must also develop, implement, and 4 34 support a uniform incident command system to be used by state 4 35 agencies responding to emergencies and disasters. A related 5 1 change is made to Code section 29C.20, pertaining to a 5 2 contingent fund governed by the executive council for use in 5 3 responding to disasters and other emergencies, to authorize 5 4 payment of expenses and claims from the fund for authorized 5 5 urban search and rescue team activities. 5 6 In Code section 34A.7A, the bill changes the statewide 5 7 monthly wireless surcharge from 50 to 75 cents. Wireless 5 8 carriers must be paid for eligible costs before phase 2 5 9 implementation may begin. In addition, the annual report 5 10 shall include a section detailing the use of the increased 5 11 surcharge. 5 12 The bill takes effect July 1, 2003, if enacted in 2003, 5 13 except for the amendments to Code section 29C.8, subsection 3, 5 14 paragraph "f", and Code section 29C.20, subsection 1, 5 15 regarding urban search and rescue teams. These provisions 5 16 take effect July 1, 2004. 5 17 LSB 1468HV 80 5 18 jj/pj/5
Text: HF00648 Text: HF00650 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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