House
File
2295
-
Enrolled
House
File
2295
AN
ACT
CONCERNING
STATE
AGENCY
RESPONSE
TO
A
PROCLAMATION
OF
DISASTER
EMERGENCY.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
29C.6,
subsection
4,
Code
2022,
is
amended
to
read
as
follows:
4.
When
a
disaster
emergency
is
proclaimed,
notwithstanding
any
other
provision
of
law,
through
the
use
of
state
agencies
or
the
use
of
any
of
the
political
subdivisions
of
the
state,
clear
or
remove
from
publicly
or
privately
owned
land
or
water,
debris
and
wreckage
which
may
threaten
public
health
or
safety
or
public
or
private
property.
The
governor
may
accept
funds
from
the
federal
government
and
utilize
such
funds
to
make
grants
to
any
local
government
for
the
purpose
of
removing
debris
or
wreckage
from
publicly
or
privately
owned
land
or
water.
Authority
shall
not
be
exercised
by
the
governor
unless
the
affected
local
government,
corporation,
organization
or
individual
shall
first
present
an
additional
authorization
for
removal
of
such
debris
or
wreckage
from
public
and
private
property
and,
in
the
case
of
removal
of
debris
or
wreckage
from
private
property,
such
corporation,
organization
or
individual
shall
first
agree
to
hold
harmless
the
state
or
local
government
against
any
claim
arising
from
such
removal.
The
state
and
any
of
its
officers
or
employees
who
are
engaged
in
the
removal
of
debris
or
wreckage
on
public
property
shall
not
be
liable
to
the
affected
local
government
on
account
House
File
2295,
p.
2
of
any
act
or
omission
in
good
faith
while
so
engaged
or
on
account
of
the
maintenance
or
use
of
any
equipment
or
supplies
in
connection
with
the
removal
of
debris
or
wreckage.
For
purposes
of
this
subsection,
“good
faith”
shall
not
include
willful
misconduct,
gross
negligence,
or
recklessness.
When
the
governor
provides
for
clearance
of
debris
or
wreckage,
employees
of
the
designated
state
agencies
or
individuals
appointed
by
the
state
may
enter
upon
private
land
or
waters
and
perform
any
tasks
necessary
to
the
removal
or
clearance
operation.
Any
state
employee
or
agent
complying
with
orders
of
the
governor
and
performing
duties
pursuant
to
such
orders
under
this
chapter
shall
be
considered
to
be
acting
within
the
scope
of
employment
within
the
meaning
specified
in
chapter
669
.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2295,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor