House File 649
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HSB 246)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the statutory responsibilities of the
2 department of public defense, emergency management division,
3 by modifying the responsibilities of the emergency management
4 division regarding urban search and rescue, incident command
5 system training, and enhanced 911 service administration,
6 modifying enhanced 911 surcharges, and providing an effective
7 date.
8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
9 TLSB 1468HV 80
10 jj/pj/5
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 the purpose of paying following 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 2 which that is fiberoptic cable and which that 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 property which that is fiberoptic cable and
2 35 which that 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 to fifty seventy=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 the fifty cent seventy=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