Senate Study Bill 1061 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WILHELM) A BILL FOR An Act relating to emergency management planning. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1826SC (2) 84 tm/nh
S.F. _____ Section 1. Section 29C.2, subsection 3, Code 2011, is 1 amended to read as follows: 2 3. “Local emergency management agency” means a countywide 3 joint county-municipal public agency organized to administer 4 this chapter under the authority of the local emergency 5 management commission. 6 Sec. 2. Section 29C.6, subsection 17, paragraph b, Code 7 2011, is amended to read as follows: 8 b. State participation in funding financial assistance under 9 paragraph “a” is contingent upon the local government having 10 on file a state-approved, comprehensive , countywide emergency 11 operations plan which meets the standards adopted pursuant to 12 section 29C.9, subsection 8 . 13 Sec. 3. Section 29C.8, subsection 3, paragraph a, Code 2011, 14 is amended to read as follows: 15 a. Prepare a comprehensive emergency plan and emergency 16 management program for homeland security, disaster 17 preparedness, response, recovery, mitigation, emergency 18 operation, and emergency resource management of this state. 19 The plan and program shall be integrated into and coordinated 20 with the homeland security and emergency plans of the federal 21 government and of other states to the fullest possible extent 22 and coordinate the preparation of plans and programs for 23 emergency management of the political subdivisions and various 24 state departments of this state. The plans shall be integrated 25 into and coordinated with a comprehensive state homeland 26 security and emergency program for this state as coordinated 27 by the administrator of the homeland security and emergency 28 management division to the fullest possible extent. 29 Sec. 4. Section 29C.9, subsections 1, 7, and 8, Code 2011, 30 are amended to read as follows: 31 1. The county boards board of supervisors, city councils, 32 and school district boards of directors the sheriff in each 33 county shall cooperate with the homeland security and emergency 34 management division of the department of public defense to 35 -1- LSB 1826SC (2) 84 tm/nh 1/ 6
S.F. _____ establish a local emergency management commission to carry out 1 the provisions of this chapter . 2 7. The commission shall delegate to the emergency 3 management coordinator the authority to fulfill the commission 4 duties as described in the division’s administrative rules. 5 Each commission shall appoint a county local emergency 6 management coordinator who shall meet the qualifications 7 specified in the administrative rules by the administrator 8 of the homeland security and emergency management division. 9 Additional emergency management personnel may be appointed at 10 the discretion of the commission. 11 8. The commission shall develop, adopt, and submit for 12 approval by local governments within the county commission’s 13 jurisdiction , a comprehensive countywide emergency operations 14 plan which meets standards adopted by the division in 15 accordance with chapter 17A . If an approved comprehensive 16 countywide emergency operations plan has not been prepared 17 according to established standards and the administrator 18 of the homeland security and emergency management division 19 finds that satisfactory progress is not being made toward the 20 completion of the plan, or if the administrator finds that a 21 local emergency management commission has failed to appoint 22 a qualified emergency management coordinator as provided in 23 this chapter , the administrator shall notify the governing 24 bodies of the counties and cities affected by the failure 25 and the governing bodies shall not appropriate any moneys 26 to the local emergency management fund until the disaster 27 comprehensive emergency plan is prepared and approved or a 28 qualified emergency management coordinator is appointed. If 29 the administrator finds that a city or a county commission has 30 appointed an unqualified emergency management coordinator, 31 the administrator shall notify the governing body of the city 32 or county commission citing the qualifications which are not 33 met and the governing body commission shall not approve the 34 payment of the salary or expenses of the unqualified emergency 35 -2- LSB 1826SC (2) 84 tm/nh 2/ 6
S.F. _____ management coordinator. 1 Sec. 5. Section 29C.10, Code 2011, is amended to read as 2 follows: 3 29C.10 Emergency management coordinator. 4 1. The commission or joint commission shall appoint an 5 emergency management coordinator who shall serve at the 6 pleasure of the commission , and shall be responsible for 7 the development of the countywide comprehensive emergency 8 operations plan, coordination of shall coordinate emergency 9 planning activities , and shall provide technical assistance to 10 political subdivisions throughout the county comprising the 11 commission or joint commission . 12 2. When an emergency or disaster occurs, the emergency 13 management coordinator shall provide coordination and 14 assistance to the governing officials of the municipalities and 15 the county political subdivisions comprising the commission or 16 joint commission . 17 3. The mayors and the board of supervisors commission 18 or joint commission and its members shall cooperate with the 19 president of the United States and the heads of the armed 20 forces and other appropriate federal, state, and local officers 21 and agencies and with the officers and agencies of adjoining 22 states in matters pertaining to comprehensive emergency 23 management for a city or county political subdivisions 24 comprising the commission or joint commission . 25 Sec. 6. Section 29C.11, Code 2011, is amended to read as 26 follows: 27 29C.11 Local mutual aid arrangements. 28 1. The local emergency management coordinator for each 29 emergency management agency commission shall, in collaboration 30 with other public and private agencies within this state, 31 develop mutual aid arrangements for reciprocal disaster 32 services and recovery aid and assistance in case of disaster 33 too great to be dealt with unassisted. The arrangements 34 shall be consistent with the homeland security and emergency 35 -3- LSB 1826SC (2) 84 tm/nh 3/ 6
S.F. _____ management division plan and program, and in time of 1 emergency each local emergency management agency shall render 2 assistance in accordance with the provisions of the mutual aid 3 arrangements. 4 2. The emergency management coordinator of each local 5 emergency management agency commission may, subject to the 6 approval of the governor, enter into mutual aid arrangements 7 with emergency management agencies or organizations in other 8 states for reciprocal emergency services and recovery aid and 9 assistance in case of disaster too great to be dealt with 10 unassisted. 11 Sec. 7. Section 29C.17, subsection 1, Code 2011, is amended 12 to read as follows: 13 1. A local emergency management fund is created in the 14 office of the county treasurer. Revenues provided and 15 collected shall be deposited in the fund. An unencumbered 16 balance in the fund shall not revert to county general 17 revenues. Any reimbursement, matching funds, moneys received 18 from sale of property, or moneys obtained from any source in 19 connection with the county local emergency management program 20 shall be deposited in the local emergency management fund. The 21 commission shall be the fiscal authority and the chairperson or 22 vice chairperson of the commission is the certifying official. 23 Sec. 8. Section 29C.17, subsection 2, unnumbered paragraph 24 1, Code 2011, is amended to read as follows: 25 For the purposes consistent with this chapter , the county 26 local emergency management agency’s approved budget may be 27 funded by one or any combination of the following options: 28 Sec. 9. Section 29C.20A, subsection 5, Code 2011, is amended 29 to read as follows: 30 5. The homeland security and emergency management division 31 department of human services shall submit an annual report, by 32 January 1 of each year, to the legislative fiscal committee 33 and the general assembly’s standing committees on government 34 oversight concerning the activities of the grant program in the 35 -4- LSB 1826SC (2) 84 tm/nh 4/ 6
S.F. _____ previous fiscal year. 1 Sec. 10. Section 29C.22, subsection 1, paragraph b, Code 2 2011, is amended to read as follows: 3 b. The purpose of this compact is to provide for mutual 4 assistance between the participating governments entering 5 into this compact in managing any emergency or disaster that 6 is declared in accordance with a countywide comprehensive 7 emergency operations plan or by the governor, whether arising 8 from natural disaster, technological hazard, man-made disaster, 9 community disorder, insurgency, terrorism, or enemy attack. 10 Sec. 11. Section 30.2, subsection 2, paragraph b, Code 2011, 11 is amended to read as follows: 12 b. The commission members representing the departments 13 of workforce development, natural resources, public defense, 14 public safety, and transportation , a local emergency planning 15 committee, and one private industry representative designated 16 by the commission shall be voting members of the commission. 17 The remaining members of the commission shall serve as 18 nonvoting, advisory members. 19 Sec. 12. Section 30.9, subsections 1 and 2, Code 2011, are 20 amended to read as follows: 21 1. Comprehensive emergency response plans required to 22 be developed under section 303 of the Emergency Planning and 23 Community Right-to-know Act, 42 U.S.C. § 11003, shall be 24 submitted to the department of public defense. Committee 25 submission to that department constitutes compliance with the 26 requirement for reporting to the commission. After initial 27 submission, a plan need not be resubmitted unless revisions 28 are requested by the commission. The department of public 29 defense shall review the plan on behalf of the commission 30 and shall incorporate the provisions of the plan into its 31 responsibilities under chapter 29C . 32 2. The department of public defense shall advise the 33 commission of the failure of any committee to submit an 34 initial comprehensive emergency response plan or a revised plan 35 -5- LSB 1826SC (2) 84 tm/nh 5/ 6
S.F. _____ requested by the commission. 1 EXPLANATION 2 This bill relates to emergency management planning. 3 The bill changes the name of comprehensive, countywide 4 emergency operations plans to comprehensive emergency plans and 5 makes conforming amendments. 6 The bill changes the entities required to work with the 7 homeland security and emergency management division of the 8 department of public defense in establishing local emergency 9 management commissions. Currently, the county boards of 10 supervisors, city councils, and school district boards of 11 directors are the designated entities. The bill replaces the 12 school district boards of directors with the sheriff. 13 The bill replaces references to county emergency management 14 coordinator with local emergency management coordinator. 15 The bill replaces references to political subdivisions of 16 a county to political subdivisions of an emergency management 17 commission or joint commission. 18 The bill replaces references to a city or county with 19 political subdivisions of an emergency management commission or 20 joint commission. 21 Under local mutual aid arrangements, the bill replaces the 22 emergency management coordinator for each emergency management 23 agency with the emergency management commission to perform 24 certain duties. 25 Currently, the homeland security and emergency management 26 division of the department of public defense has certain 27 annual reporting duties related to the disaster aid individual 28 assistance grant fund. The bill replaces the homeland security 29 and emergency management division with the department of human 30 services. 31 The bill makes the person representing a local emergency 32 planning committee on the Iowa emergency response commission a 33 voting member. 34 -6- LSB 1826SC (2) 84 tm/nh 6/ 6