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
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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
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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
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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
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_____
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
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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
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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
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