House File 307 - Introduced HOUSE FILE 307 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 40) A BILL FOR An Act establishing the department of homeland security and 1 emergency management. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1148HV (3) 85 ec/sc

H.F. 307 Section 1. Section 7E.5, subsection 1, paragraph p, Code 1 2013, is amended to read as follows: 2 p. The department of public defense, created in section 3 29.1 , which has primary responsibility for state military 4 forces and emergency management . 5 Sec. 2. Section 7E.5, subsection 1, Code 2013, is amended by 6 adding the following new paragraph: 7 NEW PARAGRAPH . w. The department of homeland security 8 and emergency management, created in section 29C.5, which has 9 primary responsibility for the administration of emergency 10 planning matters, including emergency resource planning in 11 this state, homeland security activities, and coordination of 12 available services and resources in the event of a disaster to 13 include those services and resources of the federal government 14 and private entities. 15 Sec. 3. Section 8A.202, subsection 5, paragraph e, Code 16 2013, is amended to read as follows: 17 e. The department of public defense , including both the 18 military division and the homeland security and emergency 19 management division, shall not be required to obtain any 20 information technology services pursuant to this subchapter 21 for the department of public defense or its divisions that is 22 provided by the department pursuant to this chapter without the 23 consent of the adjutant general. 24 Sec. 4. Section 8D.2, subsection 5, paragraph b, Code 2013, 25 is amended to read as follows: 26 b. For the purposes of this chapter , “public agency” also 27 includes any homeland security or defense facility or disaster 28 response agency established by the administrator director of 29 the department of homeland security and emergency management 30 division of the department of public defense or the governor 31 or any facility connected with a security or defense system or 32 disaster response as required by the administrator director of 33 the department of homeland security and emergency management 34 division of the department of public defense or the governor. 35 -1- LSB 1148HV (3) 85 ec/sc 1/ 28

H.F. 307 Sec. 5. Section 8D.9, subsection 3, Code 2013, is amended 1 to read as follows: 2 3. A facility that is considered a public agency pursuant 3 to section 8D.2, subsection 5 , paragraph “b” , shall be 4 authorized to access the Iowa communications network strictly 5 for homeland security communication purposes and disaster 6 communication purposes. Any utilization of the network that 7 is not related to communications concerning homeland security 8 or a disaster, as defined in section 29C.2 , is expressly 9 prohibited. Access under this subsection shall be available 10 only if a state of disaster emergency is proclaimed by the 11 governor pursuant to section 29C.6 or a homeland security 12 or disaster event occurs requiring connection of disparate 13 communications systems between public agencies to provide 14 for a multiagency or multijurisdictional response. Access 15 shall continue only for the period of time the homeland 16 security or disaster event exists. For purposes of this 17 subsection , disaster communication purposes includes training 18 and exercising for a disaster if public notice of the training 19 and exercising session is posted on the website internet site 20 of the department of homeland security and emergency management 21 division of the department of public defense . A scheduled and 22 noticed training and exercising session shall not exceed five 23 days. Interpretation and application of the provisions of this 24 subsection shall be strictly construed. 25 Sec. 6. Section 16.191, subsection 2, paragraph e, Code 26 2013, is amended to read as follows: 27 e. The administrator director of the department of homeland 28 security and emergency management division of the department of 29 public defense or the administrator’s director’s designee. 30 Sec. 7. Section 22.7, subsection 45, Code 2013, is amended 31 to read as follows: 32 45. The critical asset protection plan or any part of the 33 plan prepared pursuant to section 29C.8 and any information 34 held by the department of homeland security and emergency 35 -2- LSB 1148HV (3) 85 ec/sc 2/ 28

H.F. 307 management division that was supplied to the division 1 department by a public or private agency or organization and 2 used in the development of the critical asset protection plan 3 to include, but not be limited to, surveys, lists, maps, or 4 photographs. However, the administrator director shall make 5 the list of assets available for examination by any person. 6 A person wishing to examine the list of assets shall make 7 a written request to the administrator director on a form 8 approved by the administrator director . The list of assets may 9 be viewed at the division’s department’s offices during normal 10 working hours. The list of assets shall not be copied in any 11 manner. Communications and asset information not required by 12 law, rule, or procedure that are provided to the administrator 13 director by persons outside of government and for which the 14 administrator director has signed a nondisclosure agreement are 15 exempt from public disclosures. The department of homeland 16 security and emergency management division may provide all or 17 part of the critical asset plan to federal, state, or local 18 governmental agencies which have emergency planning or response 19 functions if the administrator director is satisfied that 20 the need to know and intended use are reasonable. An agency 21 receiving critical asset protection plan information from the 22 division department shall not redisseminate the information 23 without prior approval of the administrator director . 24 Sec. 8. Section 23A.2, subsection 10, paragraph m, Code 25 2013, is amended to read as follows: 26 m. The repair, calibration, or maintenance of radiological 27 detection equipment by the department of homeland security 28 and emergency management division of the department of public 29 defense . 30 Sec. 9. Section 29.1, Code 2013, is amended to read as 31 follows: 32 29.1 Department of public defense. 33 The department of public defense is composed of the military 34 division and the homeland security and emergency management 35 -3- LSB 1148HV (3) 85 ec/sc 3/ 28

H.F. 307 division office of the adjutant general and the military forces 1 of the state of Iowa . The adjutant general is the director of 2 the department of public defense and the budget and personnel 3 of all of the divisions are subject to the approval of the 4 adjutant general shall perform all functions, responsibilities, 5 powers, and duties over the military forces of the state of 6 Iowa as provided in the laws of the state . The Iowa emergency 7 response commission established by section 30.2 is attached to 8 the department of public defense for organizational purposes. 9 Sec. 10. Section 29.2A, Code 2013, is amended to read as 10 follows: 11 29.2A Airport fire fighters —— maximum age. 12 The maximum age for a person to be employed as an airport 13 fire fighter by the military division of the department of 14 public defense is sixty-five years of age. 15 Sec. 11. Section 29A.3A, subsection 4, paragraph a, Code 16 2013, is amended to read as follows: 17 a. Operations and administration of the civil air patrol 18 relating to missions not qualifying for federal mission status 19 shall be funded by the state from moneys appropriated to the 20 department of homeland security and emergency management 21 division of the department of public defense for that purpose. 22 Sec. 12. Section 29A.12, subsection 1, Code 2013, is amended 23 to read as follows: 24 1. The adjutant general shall have command and control of 25 the military division department of public defense , and perform 26 such duties as pertain to the office of the adjutant general 27 under law and regulations, pursuant to the authority vested in 28 the adjutant general by the governor. The adjutant general 29 shall superintend the preparation of all letters and reports 30 required by the United States from the state, and perform all 31 the duties prescribed by law. The adjutant general shall 32 have charge of the state military reservations, and all other 33 property of the state kept or used for military purposes. The 34 adjutant general may accept and expend nonappropriated funds 35 -4- LSB 1148HV (3) 85 ec/sc 4/ 28

H.F. 307 in accordance with law and regulations. The adjutant general 1 shall cause an inventory to be taken at least once each year 2 of all military stores, property, and funds under the adjutant 3 general’s jurisdiction. In each year preceding a regular 4 session of the general assembly, the adjutant general shall 5 prepare a detailed report of the transactions of that office, 6 its expenses, and other matters required by the governor for 7 the period since the last preceding report, and the governor 8 may at any time require a similar report. 9 Sec. 13. Section 29A.56, Code 2013, is amended to read as 10 follows: 11 29A.56 Special police. 12 The adjutant general may by order entered of record 13 commission one or more of the employees of the military 14 division department of public defense as special police. Such 15 special police shall on the premises of any state military 16 reservation or other state military property have and exercise 17 the powers of regular peace officers. 18 Sec. 14. Section 29C.1, subsection 1, Code 2013, is amended 19 to read as follows: 20 1. To establish a department of homeland security 21 and emergency management division of the department of 22 public defense and to authorize the establishment of local 23 organizations for emergency management in the political 24 subdivisions of the state. 25 Sec. 15. Section 29C.2, Code 2013, is amended by adding the 26 following new subsections: 27 NEW SUBSECTION . 1A. “Department” means the department of 28 homeland security and emergency management. 29 NEW SUBSECTION . 1B. “Director” means the director of the 30 department of homeland security and emergency management. 31 Sec. 16. Section 29C.5, Code 2013, is amended to read as 32 follows: 33 29C.5 Homeland Department of homeland security and emergency 34 management division . 35 -5- LSB 1148HV (3) 85 ec/sc 5/ 28

H.F. 307 A The department of homeland security and emergency 1 management division is created within the department of public 2 defense . The department of homeland security and emergency 3 management division shall be responsible for the administration 4 of emergency planning matters, including emergency resource 5 planning in this state, cooperation with, support of, funding 6 for, and tasking of the civil air patrol for missions not 7 qualifying for federal mission status as described in section 8 29A.3A in accordance with operational and funding criteria 9 developed with the adjutant general and coordinated with 10 the civil air patrol, homeland security activities, and 11 coordination of available services and resources in the event 12 of a disaster to include those services and resources of the 13 federal government and private entities . The Iowa emergency 14 response commission established by section 30.2 is attached to 15 the department of homeland security and emergency management 16 for organizational purposes. 17 Sec. 17. Section 29C.8, Code 2013, is amended to read as 18 follows: 19 29C.8 Powers and duties of administrator director . 20 1. The department of homeland security and emergency 21 management division shall be under the management of an 22 administrator a director appointed by the governor. 23 2. The administrator director shall be vested with the 24 authority to administer emergency management and homeland 25 security affairs in this state and shall be responsible for 26 preparing and executing the emergency management and homeland 27 security programs of this state subject to the direction of the 28 adjutant general governor . In the event of a disaster beyond 29 local control, the director may assume direct operational 30 control over all or any part of the emergency management 31 functions within this state. 32 3. The administrator director , upon the direction of 33 the governor and supervisory control of the director of the 34 department of public defense , shall: 35 -6- LSB 1148HV (3) 85 ec/sc 6/ 28

H.F. 307 a. Prepare a comprehensive emergency plan and emergency 1 management program for homeland security, disaster 2 preparedness, response, recovery, mitigation, emergency 3 operation, and emergency resource management of this state. 4 The plan and program shall be integrated into and coordinated 5 with the homeland security and emergency plans of the federal 6 government and of other states to the fullest possible extent 7 and . The director shall also coordinate the preparation of 8 plans and programs for emergency management of the political 9 subdivisions and various state departments of this state. 10 The plans shall be integrated into and coordinated with a 11 comprehensive state homeland security and emergency program for 12 this state as coordinated by the administrator of the homeland 13 security and emergency management division director to the 14 fullest possible extent. 15 b. Make such studies and surveys of the industries, 16 resources, and facilities in this state as may be necessary to 17 ascertain the vulnerabilities of critical state infrastructure 18 and assets to attack and the capabilities of the state for 19 disaster recovery, disaster planning and operations, and 20 emergency resource management, and to plan for the most 21 efficient emergency use thereof. 22 c. Provide technical assistance to any commission requiring 23 the assistance in the development of an emergency management 24 or homeland security program. 25 d. Implement planning and training for emergency response 26 teams as mandated by the federal government under the 27 Comprehensive Environmental Response, Compensation, and 28 Liability Act of 1980 as amended by the Superfund Amendments 29 and Reauthorization Act of 1986, 42 U.S.C. § 9601 et seq. 30 e. Prepare a critical asset protection plan that contains 31 an inventory of infrastructure, facilities, systems, other 32 critical assets, and symbolic landmarks; an assessment of the 33 criticality, vulnerability, and level of threat to the assets; 34 and information pertaining to the mobilization, deployment, and 35 -7- LSB 1148HV (3) 85 ec/sc 7/ 28

H.F. 307 tactical operations involved in responding to or protecting the 1 assets. 2 f. Approve and support the development and ongoing 3 operations of homeland security and emergency response teams to 4 be deployed as a resource to supplement and enhance disrupted 5 or overburdened local emergency and disaster operations and 6 deployed as available to provide assistance to other states 7 pursuant to the interstate emergency management assistance 8 compact described in section 29C.21 . The following shall apply 9 to homeland security and emergency response teams: 10 (1) A member of a homeland security and emergency response 11 team acting under this section upon the directive of the 12 administrator director or pursuant to a governor’s disaster 13 proclamation as provided in section 29C.6 shall be considered 14 an employee of the state for purposes of section 29C.21 and 15 chapter 669 and shall be afforded protection as an employee 16 of the state under section 669.21 . Disability, workers’ 17 compensation, and death benefits for team members working 18 under the authority of the administrator director or pursuant 19 to the provisions of section 29C.6 shall be paid by the 20 state in a manner consistent with the provisions of chapter 21 85 , 410 , or 411 as appropriate, depending on the status of 22 the member, provided that the member is registered with the 23 homeland security and emergency management division department 24 as a member of an approved team and is participating as a 25 team member in a response or recovery operation initiated 26 by the administrator director or governor pursuant to this 27 section or in a training or exercise activity approved by the 28 administrator director . 29 (2) Each approved homeland security and emergency 30 management response team shall establish standards for 31 team membership, shall provide the division department with 32 a listing of all team members, and shall update the list 33 each time a member is removed from or added to the team. 34 Individuals so identified as team members shall be considered 35 -8- LSB 1148HV (3) 85 ec/sc 8/ 28

H.F. 307 to be registered as team members for purposes of subparagraph 1 (1). 2 (3) Upon notification of a compensable loss to a member of 3 a homeland security and emergency management response team, the 4 department of administrative services shall process the claim 5 and seek authorization from the executive council to pay as an 6 expense paid from the appropriations addressed in section 7D.29 7 those costs associated with covered benefits. 8 g. Implement and support the national incident management 9 system as established by the United States department of 10 homeland security to be used by state agencies and local and 11 tribal governments to facilitate efficient and effective 12 assistance to those affected by emergencies and disasters. 13 h. Carry out duties related to the flood mitigation program 14 and the flood mitigation board under chapter 418 . 15 4. The administrator director , with the approval of the 16 governor and upon recommendation of the adjutant general , may 17 employ a deputy administrator director and such technical, 18 clerical, stenographic, and other personnel and make such 19 expenditures within the appropriation or from other funds made 20 available to the department of public defense for purposes of 21 emergency management , as may be necessary to administer this 22 chapter . 23 5. The homeland security and emergency management division 24 department may charge fees for the repair, calibration, or 25 maintenance of radiological detection equipment and may expend 26 funds in addition to funds budgeted for the servicing of the 27 radiological detection equipment. The division department 28 shall adopt rules pursuant to chapter 17A providing for the 29 establishment and collection of fees for radiological detection 30 equipment repair, calibration, or maintenance services and 31 for entering into agreements with other public and private 32 entities to provide the services. Fees collected for repair, 33 calibration, or maintenance services shall be treated as 34 repayment receipts as defined in section 8.2 and shall be used 35 -9- LSB 1148HV (3) 85 ec/sc 9/ 28

H.F. 307 for the operation of the division’s department’s radiological 1 maintenance facility or radiation incident response training. 2 Sec. 18. Section 29C.8A, subsection 2, Code 2013, is amended 3 to read as follows: 4 2. The emergency response fund shall be administered by the 5 homeland security and emergency management division department 6 to carry out planning and training for the emergency response 7 teams. 8 Sec. 19. Section 29C.9, subsections 1, 5, 7, 8, and 10, Code 9 2013, are amended to read as follows: 10 1. The county boards of supervisors, city councils, and 11 the sheriff in each county shall cooperate with the homeland 12 security and emergency management division of the department of 13 public defense department to establish a commission to carry 14 out the provisions of this chapter . 15 5. The commission shall model its bylaws and conduct its 16 business according to the guidelines provided in the state 17 division’s department’s administrative rules. 18 7. The commission shall delegate to the emergency 19 management coordinator the authority to fulfill the 20 commission duties as described in the division’s department’s 21 administrative rules. Each commission shall appoint a 22 local emergency management coordinator who shall meet the 23 qualifications specified in the administrative rules by the 24 administrator of the homeland security and emergency management 25 division director . Additional emergency management personnel 26 may be appointed at the discretion of the commission. 27 8. The commission shall develop, adopt, and submit 28 for approval by local governments within the commission’s 29 jurisdiction, a comprehensive emergency plan which meets 30 standards adopted by the division department in accordance 31 with chapter 17A . If an approved comprehensive emergency 32 plan has not been prepared according to established standards 33 and the administrator of the homeland security and emergency 34 management division director finds that satisfactory progress 35 -10- LSB 1148HV (3) 85 ec/sc 10/ 28

H.F. 307 is not being made toward the completion of the plan, or if 1 the administrator director finds that a commission has failed 2 to appoint a qualified emergency management coordinator as 3 provided in this chapter , the administrator director shall 4 notify the governing bodies of the counties and cities affected 5 by the failure and the governing bodies shall not appropriate 6 any moneys to the local emergency management fund until the 7 comprehensive emergency plan is prepared and approved or a 8 qualified emergency management coordinator is appointed. 9 If the administrator director finds that a commission has 10 appointed an unqualified emergency management coordinator, 11 the administrator director shall notify the commission citing 12 the qualifications which are not met and the commission shall 13 not approve the payment of the salary or expenses of the 14 unqualified emergency management coordinator. 15 10. Two or more commissions may, upon review by the 16 state administrator director and with the approval of their 17 respective boards of supervisors and cities, enter into 18 agreements pursuant to chapter 28E for the joint coordination 19 and administration of emergency management services throughout 20 the multicounty area. 21 Sec. 20. Section 29C.11, subsection 1, Code 2013, is amended 22 to read as follows: 23 1. The local emergency management commission shall, in 24 collaboration with other public and private agencies within 25 this state, develop mutual aid arrangements for reciprocal 26 disaster services and recovery aid and assistance in case 27 of disaster too great to be dealt with unassisted. The 28 arrangements shall be consistent with the homeland security and 29 emergency management division department plan and program, and 30 in time of emergency each local emergency management agency 31 shall render assistance in accordance with the provisions of 32 the mutual aid arrangements. 33 Sec. 21. Section 29C.12, Code 2013, is amended to read as 34 follows: 35 -11- LSB 1148HV (3) 85 ec/sc 11/ 28

H.F. 307 29C.12 Use of existing facilities. 1 In carrying out the provisions of this chapter , the 2 governor , and the director of the department of public defense , 3 and the executive officers or governing boards of political 4 subdivisions of the state shall utilize, to the maximum extent 5 practicable, the services, equipment, supplies , and facilities 6 of existing departments, officers, and agencies of the state 7 and of political subdivisions at their respective levels of 8 responsibility. 9 Sec. 22. Section 29C.12A, Code 2013, is amended to read as 10 follows: 11 29C.12A Participation in funding disaster recovery facility. 12 All state government departments and agencies may 13 participate in sharing the cost of the design, construction, 14 and operation of a disaster recovery facility located in the 15 STARC joint forces headquarters armory at Camp Dodge. State 16 departments and agencies may use funds from any source, 17 including but not limited to user fees and appropriations 18 for operational or capital purposes, to participate in the 19 facility. 20 Sec. 23. Section 29C.14, Code 2013, is amended to read as 21 follows: 22 29C.14 Director of the department of administrative services 23 to issue warrants. 24 The director of the department of administrative services 25 shall draw warrants on the treasurer of state for the purposes 26 specified in this chapter , upon duly itemized and verified 27 vouchers that have been approved by the administrator director 28 of the department of homeland security and emergency management 29 division . 30 Sec. 24. Section 29C.18, subsection 1, Code 2013, is amended 31 to read as follows: 32 1. Every organization for homeland security and emergency 33 management established pursuant to this chapter and its 34 officers shall execute and enforce the orders or rules made by 35 -12- LSB 1148HV (3) 85 ec/sc 12/ 28

H.F. 307 the governor, or under the governor’s authority and the orders 1 or rules made by subordinate organizations and not contrary or 2 inconsistent with the orders or rules of the governor. 3 Sec. 25. Section 29C.20B, Code 2013, is amended to read as 4 follows: 5 29C.20B Disaster case management. 6 1. The department of homeland security and emergency 7 management division shall work with the department of 8 human services and nonprofit, voluntary, and faith-based 9 organizations active in disaster recovery and response to 10 establish a statewide system of disaster case management 11 to be activated following the governor’s proclamation of a 12 disaster emergency or the declaration of a major disaster by 13 the president of the United States for individual assistance 14 purposes. Under the system, the department of homeland 15 security and emergency management division shall coordinate 16 case management services locally through local committees as 17 established in each commission’s emergency plan. 18 2. The department of homeland security and emergency 19 management division , in conjunction with the department of 20 human services and an Iowa representative to the national 21 voluntary organizations active in disaster, shall adopt rules 22 pursuant to chapter 17A to create coordination mechanisms 23 and standards for the establishment and implementation of 24 a statewide system of disaster case management which shall 25 include at least all of the following: 26 a. Disaster case management standards. 27 b. Disaster case management policies. 28 c. Reporting requirements. 29 d. Eligibility criteria. 30 e. Coordination mechanisms necessary to carry out the 31 services provided. 32 f. Development of formal working relationships with 33 agencies and creation of interagency agreements for those 34 considered to provide disaster case management services. 35 -13- LSB 1148HV (3) 85 ec/sc 13/ 28

H.F. 307 g. Coordination of all available services for individuals 1 from multiple agencies. 2 Sec. 26. Section 29C.22, subsection 3, paragraph c, Code 3 2013, is amended to read as follows: 4 c. The authorized representative of a participating 5 government may initiate a request by contacting the department 6 of homeland security and emergency management division of the 7 state department of public defense . When a request is received 8 by the division department , the division department shall 9 directly contact other participating governments to coordinate 10 the provision of mutual aid. 11 Sec. 27. Section 29C.22, subsection 11, paragraphs b and c, 12 Code 2013, are amended to read as follows: 13 b. Any participating government may withdraw from this 14 compact by adopting an ordinance or resolution repealing the 15 same, but a withdrawal shall not take effect until thirty days 16 after the governing body of the withdrawing participating 17 government has given notice in writing of the withdrawal to the 18 administrator director of the department of homeland security 19 and emergency management division who shall notify all other 20 participating governments. The action shall not relieve the 21 withdrawing political subdivision from obligations assumed 22 under this compact prior to the effective date of withdrawal. 23 c. Duly authenticated copies of this compact and any 24 supplementary agreements as may be entered into shall 25 be deposited, at the time of their approval, with the 26 administrator director of the department of homeland security 27 and emergency management division who shall notify all 28 participating governments and other appropriate agencies of 29 state government. 30 Sec. 28. Section 30.2, subsections 1 and 2, Code 2013, are 31 amended to read as follows: 32 1. The Iowa emergency response commission is established. 33 The commission is responsible directly to the governor. The 34 commission is attached to the department of public defense 35 -14- LSB 1148HV (3) 85 ec/sc 14/ 28

H.F. 307 homeland security and emergency management for routine 1 administrative and support services only. 2 2. a. The commission is composed of fifteen sixteen members 3 appointed by the governor. One member shall be appointed to 4 represent the department of homeland security and emergency 5 management, one to represent the department of agriculture and 6 land stewardship, one to represent the department of workforce 7 development, one to represent the department of justice, one to 8 represent the department of natural resources, one to represent 9 the department of public defense, one to represent the Iowa 10 department of public health, one to represent the department 11 of public safety, one to represent the state department of 12 transportation, one to represent the state fire service and 13 emergency response council, one to represent a local emergency 14 planning committee, one to represent the Iowa hazardous 15 materials task force, and one to represent the office of the 16 governor. Three representatives from private industry shall 17 also be appointed by the governor, subject to confirmation by 18 the senate. 19 b. The commission members representing the departments 20 of homeland security and emergency management, workforce 21 development, natural resources, public defense, public safety, 22 and transportation, a local emergency planning committee, 23 and one private industry representative designated by the 24 commission shall be voting members of the commission. The 25 remaining members of the commission shall serve as nonvoting, 26 advisory members. 27 Sec. 29. Section 30.5, subsection 2, Code 2013, is amended 28 to read as follows: 29 2. The commission may enter into agreements pursuant to 30 chapter 28E to accomplish any duty imposed upon the commission 31 by the Emergency Planning and Community Right-to-know Act, 32 but the commission shall not compensate any governmental unit 33 for the performance of duties pursuant to such an agreement. 34 Funding for administering the duties of the commission under 35 -15- LSB 1148HV (3) 85 ec/sc 15/ 28

H.F. 307 sections 30.7 , 30.8 , and 30.9 shall be included in the budgets 1 of the department of natural resources and the department of 2 public defense homeland security and emergency management . 3 Sec. 30. Section 30.9, Code 2013, is amended to read as 4 follows: 5 30.9 Duties to be allocated to department of public defense 6 homeland security and emergency management . 7 Agreements negotiated by the commission and the department 8 of public defense homeland security and emergency management 9 shall provide for the allocation of duties to the department 10 of public defense homeland security and emergency management 11 as follows: 12 1. Comprehensive emergency plans required to be developed 13 under section 303 of the Emergency Planning and Community 14 Right-to-Know Right-to-know Act, 42 U.S.C. § 11003, shall 15 be submitted to the department of public defense homeland 16 security and emergency management . Committee submission to 17 that department constitutes compliance with the requirement for 18 reporting to the commission. After initial submission, a plan 19 need not be resubmitted unless revisions are requested by the 20 commission. The department of public defense homeland security 21 and emergency management shall review the plan on behalf of the 22 commission and shall incorporate the provisions of the plan 23 into its responsibilities under chapter 29C . 24 2. The department of public defense homeland security and 25 emergency management shall advise the commission of the failure 26 of any committee to submit an initial comprehensive emergency 27 response and recovery plan or a revised plan requested by the 28 commission. 29 3. The department of public defense homeland security and 30 emergency management shall make available to the public upon 31 request during normal working hours the information in its 32 possession pursuant to section 324 of the Emergency Planning 33 and Community Right-to-Know Right-to-know Act, 42 U.S.C. 34 § 11044. 35 -16- LSB 1148HV (3) 85 ec/sc 16/ 28

H.F. 307 Sec. 31. Section 34A.2, subsection 2, Code 2013, is amended 1 by striking the subsection. 2 Sec. 32. Section 34A.2, Code 2013, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 5A. “Director” means the director of the 5 department of homeland security and emergency management. 6 Sec. 33. Section 34A.2A, Code 2013, is amended to read as 7 follows: 8 34A.2A Program manager —— appointment —— duties. 9 1. The administrator director of the department of homeland 10 security and emergency management division of the department 11 of public defense shall appoint an E911 program manager to 12 administer this chapter . 13 2. The E911 program manager shall act under the supervisory 14 control of the administrator director of the department of 15 homeland security and emergency management division of the 16 department of public defense , and in consultation with the 17 E911 communications council, and shall perform the duties 18 specifically set forth in this chapter and as assigned by the 19 administrator director . 20 Sec. 34. Section 34A.6, subsection 3, Code 2013, is amended 21 to read as follows: 22 3. The secretary of state, in consultation with the 23 administrator director , shall adopt rules for the conduct of 24 joint E911 service referendums as required by and consistent 25 with subsections 1 and 2 . 26 Sec. 35. Section 34A.7A, subsection 1, paragraph a, Code 27 2013, is amended to read as follows: 28 a. Notwithstanding section 34A.6 , the administrator 29 director shall adopt by rule a monthly surcharge of up 30 to sixty-five cents to be imposed on each communications 31 service number provided in this state. The surcharge shall 32 be imposed uniformly on a statewide basis and simultaneously 33 on all communications service numbers as provided by rule 34 of the administrator director . The surcharge shall not be 35 -17- LSB 1148HV (3) 85 ec/sc 17/ 28

H.F. 307 imposed on wire-line-based communications or prepaid wireless 1 telecommunications service. 2 Sec. 36. Section 34A.7A, subsection 2, paragraphs a and f, 3 Code 2013, are amended to read as follows: 4 a. An amount as appropriated by the general assembly to the 5 administrator director shall be allocated to the administrator 6 director and program manager for implementation, support, and 7 maintenance of the functions of the administrator director and 8 program manager and to employ the auditor of state to perform 9 an annual audit of the E911 emergency communications fund. 10 f. The administrator director , in consultation with the 11 program manager and the E911 communications council, shall 12 adopt rules pursuant to chapter 17A governing the distribution 13 of the surcharge collected and distributed pursuant to this 14 subsection . The rules shall include provisions that all joint 15 E911 service boards and the department of public safety which 16 answer or service wireless E911 calls are eligible to receive 17 an equitable portion of the receipts. 18 Sec. 37. Section 34A.15, subsection 3, Code 2013, is amended 19 to read as follows: 20 3. The council shall advise and make recommendations to 21 the administrator director and program manager regarding 22 the implementation of this chapter . Such advice and 23 recommendations shall be provided on issues at the request of 24 the administrator director or program manager or as deemed 25 necessary by the council. 26 Sec. 38. Section 34A.20, subsection 2, Code 2013, is amended 27 to read as follows: 28 2. The authority shall cooperate with the administrator 29 director in the creation, administration, and funding of the 30 E911 program established in subchapter I . 31 Sec. 39. Section 35A.5, subsection 16, Code 2013, is amended 32 to read as follows: 33 16. In coordination with the military division of the 34 department of public defense, advise service members prior to, 35 -18- LSB 1148HV (3) 85 ec/sc 18/ 28

H.F. 307 and after returning from, deployment on active duty service 1 outside the United States of issues related to the filing 2 of tax returns and the payment of taxes due and encourage a 3 service member who has not filed a return or who owes taxes to 4 contact the department of revenue prior to deployment. 5 Sec. 40. Section 68B.2, subsection 23, Code 2013, is amended 6 to read as follows: 7 23. “Regulatory agency” means the department of agriculture 8 and land stewardship, department of workforce development, 9 department of commerce, Iowa department of public health, 10 department of public safety, department of education, state 11 board of regents, department of human services, department of 12 revenue, department of inspections and appeals, department of 13 administrative services, public employment relations board, 14 state department of transportation, civil rights commission, 15 department of public defense, department of homeland security 16 and emergency management, Iowa ethics and campaign disclosure 17 board, and department of natural resources. 18 Sec. 41. Section 80.28, subsection 2, paragraph a, 19 subparagraph (3), Code 2013, is amended to read as follows: 20 (3) One member representing the department of homeland 21 security and emergency management division . 22 Sec. 42. Section 80B.11C, Code 2013, is amended to read as 23 follows: 24 80B.11C Telecommunicator training standards. 25 The director of the academy, subject to the approval of 26 the council, in consultation with the Iowa state sheriffs’ 27 and deputies’ association, the Iowa police executive forum, 28 the Iowa peace officers association, the Iowa state police 29 association, the Iowa professional fire fighters, the Iowa 30 emergency medical services association, the joint council of 31 Iowa fire service organizations, the Iowa department of public 32 safety, the Iowa chapter of the association of public-safety 33 communications officials —— international, inc., the Iowa chapter 34 of the national emergency number association, the department of 35 -19- LSB 1148HV (3) 85 ec/sc 19/ 28