House Study Bill 288 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            GOVERNMENT OVERSIGHT BILL
                                            BY CHAIRPERSON LENSING)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the authority of the director of the
  2    department of natural resources in disaster emergencies.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2375HC 83
  5 tm/rj/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  455A.4A  DIRECTOR AUTHORITY ==
  1  2 DISASTER EMERGENCIES.
  1  3    Upon a proclamation of disaster emergency by the governor
  1  4 pursuant to section 29C.6, the director may do any of the
  1  5 following:
  1  6    1.  Suspend any requirement in title XI, subtitles 1, 2,
  1  7 and 6, or any rule adopted pursuant to such subtitles if
  1  8 strict compliance with the statute or rule would prevent,
  1  9 hinder, or delay necessary action in responding to the
  1 10 disaster emergency.
  1 11    2.  Issue orders as necessary to respond to the disaster
  1 12 emergency which shall be effective immediately upon issuance.
  1 13 Any appeal or request for review of such orders shall not
  1 14 suspend the implementation of the action ordered.
  1 15    3.  Adopt rules and policies as necessary to respond to the
  1 16 disaster emergency.  Such rules and policies shall be exempt
  1 17 from being promulgated as provided in chapter 17A.
  1 18    4.  Any suspension of a statute or rule, issuance of an
  1 19 order, or adoption of a rule or policy shall meet all of the
  1 20 following criteria:
  1 21    a.  It must be as narrow as possible to respond to and
  1 22 remedy the disaster emergency condition.
  1 23    b.  It must be limited to the time necessary to address the
  1 24 disaster emergency conditions and any repairs and remedial
  1 25 measures associated with the disaster emergency.
  1 26    c.  It must be developed and implemented so as not to
  1 27 result in loss of federal moneys or program delegation.
  1 28                           EXPLANATION
  1 29    This bill relates to the authority of the director of the
  1 30 department of natural resources in disaster emergencies.
  1 31    The bill allows the director to suspend certain statutes
  1 32 and administrative rules if strict compliance with the statute
  1 33 or rule would prevent, hinder, or delay necessary action in
  1 34 responding to the disaster emergency.  The director may issue
  1 35 orders as necessary to respond to the disaster emergency which
  2  1 shall be effective immediately upon issuance.  The director
  2  2 may adopt rules and policies as necessary to respond to the
  2  3 disaster emergency.  Such actions must be narrowly prescribed,
  2  4 limited in time, and implemented in accordance with federal
  2  5 law.
  2  6 LSB 2375HC 83
  2  7 tm/rj/8