House
Study
Bill
40
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
DEFENSE
BILL)
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
1148DP
(4)
85
ec/sc
S.F.
_____
H.F.
_____
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.
(1)
The
department
of
public
defense
,
including
both
18
the
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
(2)
The
department
of
homeland
security
and
emergency
25
management
shall
not
be
required
to
obtain
any
information
26
technology
services
pursuant
to
this
subchapter
for
the
27
department
of
homeland
security
and
emergency
management
that
28
is
provided
by
the
department
pursuant
to
this
chapter
without
29
the
consent
of
the
director
of
the
department
of
homeland
30
security
and
emergency
management.
31
Sec.
4.
Section
8D.2,
subsection
5,
paragraph
b,
Code
2013,
32
is
amended
to
read
as
follows:
33
b.
For
the
purposes
of
this
chapter
,
“public
agency”
also
34
includes
any
homeland
security
or
defense
facility
or
disaster
35
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_____
H.F.
_____
response
agency
established
by
the
administrator
director
of
1
the
department
of
homeland
security
and
emergency
management
2
division
of
the
department
of
public
defense
or
the
governor
3
or
any
facility
connected
with
a
security
or
defense
system
or
4
disaster
response
as
required
by
the
administrator
director
of
5
the
department
of
homeland
security
and
emergency
management
6
division
of
the
department
of
public
defense
or
the
governor.
7
Sec.
5.
Section
8D.9,
subsection
3,
Code
2013,
is
amended
8
to
read
as
follows:
9
3.
A
facility
that
is
considered
a
public
agency
pursuant
10
to
section
8D.2,
subsection
5
,
paragraph
“b”
,
shall
be
11
authorized
to
access
the
Iowa
communications
network
strictly
12
for
homeland
security
communication
purposes
and
disaster
13
communication
purposes.
Any
utilization
of
the
network
that
14
is
not
related
to
communications
concerning
homeland
security
15
or
a
disaster,
as
defined
in
section
29C.2
,
is
expressly
16
prohibited.
Access
under
this
subsection
shall
be
available
17
only
if
a
state
of
disaster
emergency
is
proclaimed
by
the
18
governor
pursuant
to
section
29C.6
or
a
homeland
security
19
or
disaster
event
occurs
requiring
connection
of
disparate
20
communications
systems
between
public
agencies
to
provide
21
for
a
multiagency
or
multijurisdictional
response.
Access
22
shall
continue
only
for
the
period
of
time
the
homeland
23
security
or
disaster
event
exists.
For
purposes
of
this
24
subsection
,
disaster
communication
purposes
includes
training
25
and
exercising
for
a
disaster
if
public
notice
of
the
training
26
and
exercising
session
is
posted
on
the
website
internet
site
27
of
the
department
of
homeland
security
and
emergency
management
28
division
of
the
department
of
public
defense
.
A
scheduled
and
29
noticed
training
and
exercising
session
shall
not
exceed
five
30
days.
Interpretation
and
application
of
the
provisions
of
this
31
subsection
shall
be
strictly
construed.
32
Sec.
6.
Section
16.191,
subsection
2,
paragraph
e,
Code
33
2013,
is
amended
to
read
as
follows:
34
e.
The
administrator
director
of
the
department
of
homeland
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security
and
emergency
management
division
of
the
department
of
1
public
defense
or
the
administrator’s
director’s
designee.
2
Sec.
7.
Section
22.7,
subsection
45,
Code
2013,
is
amended
3
to
read
as
follows:
4
45.
The
critical
asset
protection
plan
or
any
part
of
the
5
plan
prepared
pursuant
to
section
29C.8
and
any
information
6
held
by
the
department
of
homeland
security
and
emergency
7
management
division
that
was
supplied
to
the
division
8
department
by
a
public
or
private
agency
or
organization
and
9
used
in
the
development
of
the
critical
asset
protection
plan
10
to
include,
but
not
be
limited
to,
surveys,
lists,
maps,
or
11
photographs.
However,
the
administrator
director
shall
make
12
the
list
of
assets
available
for
examination
by
any
person.
13
A
person
wishing
to
examine
the
list
of
assets
shall
make
14
a
written
request
to
the
administrator
director
on
a
form
15
approved
by
the
administrator
director
.
The
list
of
assets
may
16
be
viewed
at
the
division’s
department’s
offices
during
normal
17
working
hours.
The
list
of
assets
shall
not
be
copied
in
any
18
manner.
Communications
and
asset
information
not
required
by
19
law,
rule,
or
procedure
that
are
provided
to
the
administrator
20
director
by
persons
outside
of
government
and
for
which
the
21
administrator
director
has
signed
a
nondisclosure
agreement
are
22
exempt
from
public
disclosures.
The
department
of
homeland
23
security
and
emergency
management
division
may
provide
all
or
24
part
of
the
critical
asset
plan
to
federal,
state,
or
local
25
governmental
agencies
which
have
emergency
planning
or
response
26
functions
if
the
administrator
director
is
satisfied
that
27
the
need
to
know
and
intended
use
are
reasonable.
An
agency
28
receiving
critical
asset
protection
plan
information
from
the
29
division
department
shall
not
redisseminate
the
information
30
without
prior
approval
of
the
administrator
director
.
31
Sec.
8.
Section
23A.2,
subsection
10,
paragraph
m,
Code
32
2013,
is
amended
to
read
as
follows:
33
m.
The
repair,
calibration,
or
maintenance
of
radiological
34
detection
equipment
by
the
department
of
homeland
security
35
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and
emergency
management
division
of
the
department
of
public
1
defense
.
2
Sec.
9.
Section
29.1,
Code
2013,
is
amended
to
read
as
3
follows:
4
29.1
Department
of
public
defense.
5
The
department
of
public
defense
is
composed
of
the
military
6
division
and
the
homeland
security
and
emergency
management
7
division
office
of
the
adjutant
general
and
the
military
forces
8
of
the
state
of
Iowa
.
The
adjutant
general
is
the
director
of
9
the
department
of
public
defense
and
the
budget
and
personnel
10
of
all
of
the
divisions
are
subject
to
the
approval
of
the
11
adjutant
general
shall
perform
all
functions,
responsibilities,
12
powers,
and
duties
over
the
military
forces
of
the
state
of
13
Iowa
as
provided
in
the
laws
of
the
state
.
The
Iowa
emergency
14
response
commission
established
by
section
30.2
is
attached
to
15
the
department
of
public
defense
for
organizational
purposes.
16
Sec.
10.
Section
29.2A,
Code
2013,
is
amended
to
read
as
17
follows:
18
29.2A
Airport
fire
fighters
——
maximum
age.
19
The
maximum
age
for
a
person
to
be
employed
as
an
airport
20
fire
fighter
by
the
military
division
of
the
department
of
21
public
defense
is
sixty-five
years
of
age.
22
Sec.
11.
Section
29A.3A,
subsection
4,
paragraph
a,
Code
23
2013,
is
amended
to
read
as
follows:
24
a.
Operations
and
administration
of
the
civil
air
patrol
25
relating
to
missions
not
qualifying
for
federal
mission
status
26
shall
be
funded
by
the
state
from
moneys
appropriated
to
the
27
department
of
homeland
security
and
emergency
management
28
division
of
the
department
of
public
defense
for
that
purpose.
29
Sec.
12.
Section
29A.12,
subsection
1,
Code
2013,
is
amended
30
to
read
as
follows:
31
1.
The
adjutant
general
shall
have
command
and
control
of
32
the
military
division
department
of
public
defense
,
and
perform
33
such
duties
as
pertain
to
the
office
of
the
adjutant
general
34
under
law
and
regulations,
pursuant
to
the
authority
vested
in
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the
adjutant
general
by
the
governor.
The
adjutant
general
1
shall
superintend
the
preparation
of
all
letters
and
reports
2
required
by
the
United
States
from
the
state,
and
perform
all
3
the
duties
prescribed
by
law.
The
adjutant
general
shall
4
have
charge
of
the
state
military
reservations,
and
all
other
5
property
of
the
state
kept
or
used
for
military
purposes.
The
6
adjutant
general
may
accept
and
expend
nonappropriated
funds
7
in
accordance
with
law
and
regulations.
The
adjutant
general
8
shall
cause
an
inventory
to
be
taken
at
least
once
each
year
9
of
all
military
stores,
property,
and
funds
under
the
adjutant
10
general’s
jurisdiction.
In
each
year
preceding
a
regular
11
session
of
the
general
assembly,
the
adjutant
general
shall
12
prepare
a
detailed
report
of
the
transactions
of
that
office,
13
its
expenses,
and
other
matters
required
by
the
governor
for
14
the
period
since
the
last
preceding
report,
and
the
governor
15
may
at
any
time
require
a
similar
report.
16
Sec.
13.
Section
29A.56,
Code
2013,
is
amended
to
read
as
17
follows:
18
29A.56
Special
police.
19
The
adjutant
general
may
by
order
entered
of
record
20
commission
one
or
more
of
the
employees
of
the
military
21
division
department
of
public
defense
as
special
police.
Such
22
special
police
shall
on
the
premises
of
any
state
military
23
reservation
or
other
state
military
property
have
and
exercise
24
the
powers
of
regular
peace
officers.
25
Sec.
14.
Section
29C.1,
subsection
1,
Code
2013,
is
amended
26
to
read
as
follows:
27
1.
To
establish
a
department
of
homeland
security
28
and
emergency
management
division
of
the
department
of
29
public
defense
and
to
authorize
the
establishment
of
local
30
organizations
for
emergency
management
in
the
political
31
subdivisions
of
the
state.
32
Sec.
15.
Section
29C.2,
Code
2013,
is
amended
by
adding
the
33
following
new
subsections:
34
NEW
SUBSECTION
.
1A.
“Department”
means
the
department
of
35
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homeland
security
and
emergency
management.
1
NEW
SUBSECTION
.
1B.
“Director”
means
the
director
of
the
2
department
of
homeland
security
and
emergency
management.
3
Sec.
16.
Section
29C.5,
Code
2013,
is
amended
to
read
as
4
follows:
5
29C.5
Homeland
Department
of
homeland
security
and
emergency
6
management
division
.
7
A
The
department
of
homeland
security
and
emergency
8
management
division
is
created
within
the
department
of
public
9
defense
.
The
department
of
homeland
security
and
emergency
10
management
division
shall
be
responsible
for
the
administration
11
of
emergency
planning
matters,
including
emergency
resource
12
planning
in
this
state,
cooperation
with,
support
of,
funding
13
for,
and
tasking
of
the
civil
air
patrol
for
missions
not
14
qualifying
for
federal
mission
status
as
described
in
section
15
29A.3A
in
accordance
with
operational
and
funding
criteria
16
developed
with
the
adjutant
general
and
coordinated
with
17
the
civil
air
patrol,
homeland
security
activities,
and
18
coordination
of
available
services
and
resources
in
the
event
19
of
a
disaster
to
include
those
services
and
resources
of
the
20
federal
government
and
private
entities
.
The
Iowa
emergency
21
response
commission
established
by
section
30.2
is
attached
to
22
the
department
of
homeland
security
and
emergency
management
23
for
organizational
purposes.
24
Sec.
17.
Section
29C.8,
Code
2013,
is
amended
to
read
as
25
follows:
26
29C.8
Powers
and
duties
of
administrator
director
.
27
1.
The
department
of
homeland
security
and
emergency
28
management
division
shall
be
under
the
management
of
an
29
administrator
a
director
appointed
by
the
governor.
30
2.
The
administrator
director
shall
be
vested
with
the
31
authority
to
administer
emergency
management
and
homeland
32
security
affairs
in
this
state
and
shall
be
responsible
for
33
preparing
and
executing
the
emergency
management
and
homeland
34
security
programs
of
this
state
subject
to
the
direction
of
the
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adjutant
general
governor
.
In
the
event
of
a
disaster
beyond
1
local
control,
the
director
may
assume
direct
operational
2
control
over
all
or
any
part
of
the
emergency
management
3
functions
within
this
state.
4
3.
The
administrator
director
,
upon
the
direction
of
5
the
governor
and
supervisory
control
of
the
director
of
the
6
department
of
public
defense
,
shall:
7
a.
Prepare
a
comprehensive
emergency
plan
and
emergency
8
management
program
for
homeland
security,
disaster
9
preparedness,
response,
recovery,
mitigation,
emergency
10
operation,
and
emergency
resource
management
of
this
state.
11
The
plan
and
program
shall
be
integrated
into
and
coordinated
12
with
the
homeland
security
and
emergency
plans
of
the
federal
13
government
and
of
other
states
to
the
fullest
possible
extent
14
and
.
The
director
shall
also
coordinate
the
preparation
of
15
plans
and
programs
for
emergency
management
of
the
political
16
subdivisions
and
various
state
departments
of
this
state.
17
The
plans
shall
be
integrated
into
and
coordinated
with
a
18
comprehensive
state
homeland
security
and
emergency
program
for
19
this
state
as
coordinated
by
the
administrator
of
the
homeland
20
security
and
emergency
management
division
director
to
the
21
fullest
possible
extent.
22
b.
Make
such
studies
and
surveys
of
the
industries,
23
resources,
and
facilities
in
this
state
as
may
be
necessary
to
24
ascertain
the
vulnerabilities
of
critical
state
infrastructure
25
and
assets
to
attack
and
the
capabilities
of
the
state
for
26
disaster
recovery,
disaster
planning
and
operations,
and
27
emergency
resource
management,
and
to
plan
for
the
most
28
efficient
emergency
use
thereof.
29
c.
Provide
technical
assistance
to
any
commission
requiring
30
the
assistance
in
the
development
of
an
emergency
management
31
or
homeland
security
program.
32
d.
Implement
planning
and
training
for
emergency
response
33
teams
as
mandated
by
the
federal
government
under
the
34
Comprehensive
Environmental
Response,
Compensation,
and
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Liability
Act
of
1980
as
amended
by
the
Superfund
Amendments
1
and
Reauthorization
Act
of
1986,
42
U.S.C.
§
9601
et
seq.
2
e.
Prepare
a
critical
asset
protection
plan
that
contains
3
an
inventory
of
infrastructure,
facilities,
systems,
other
4
critical
assets,
and
symbolic
landmarks;
an
assessment
of
the
5
criticality,
vulnerability,
and
level
of
threat
to
the
assets;
6
and
information
pertaining
to
the
mobilization,
deployment,
and
7
tactical
operations
involved
in
responding
to
or
protecting
the
8
assets.
9
f.
Approve
and
support
the
development
and
ongoing
10
operations
of
homeland
security
and
emergency
response
teams
to
11
be
deployed
as
a
resource
to
supplement
and
enhance
disrupted
12
or
overburdened
local
emergency
and
disaster
operations
and
13
deployed
as
available
to
provide
assistance
to
other
states
14
pursuant
to
the
interstate
emergency
management
assistance
15
compact
described
in
section
29C.21
.
The
following
shall
apply
16
to
homeland
security
and
emergency
response
teams:
17
(1)
A
member
of
a
homeland
security
and
emergency
response
18
team
acting
under
this
section
upon
the
directive
of
the
19
administrator
director
or
pursuant
to
a
governor’s
disaster
20
proclamation
as
provided
in
section
29C.6
shall
be
considered
21
an
employee
of
the
state
for
purposes
of
section
29C.21
and
22
chapter
669
and
shall
be
afforded
protection
as
an
employee
23
of
the
state
under
section
669.21
.
Disability,
workers’
24
compensation,
and
death
benefits
for
team
members
working
25
under
the
authority
of
the
administrator
director
or
pursuant
26
to
the
provisions
of
section
29C.6
shall
be
paid
by
the
27
state
in
a
manner
consistent
with
the
provisions
of
chapter
28
85
,
410
,
or
411
as
appropriate,
depending
on
the
status
of
29
the
member,
provided
that
the
member
is
registered
with
the
30
homeland
security
and
emergency
management
division
department
31
as
a
member
of
an
approved
team
and
is
participating
as
a
32
team
member
in
a
response
or
recovery
operation
initiated
33
by
the
administrator
director
or
governor
pursuant
to
this
34
section
or
in
a
training
or
exercise
activity
approved
by
the
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administrator
director
.
1
(2)
Each
approved
homeland
security
and
emergency
2
management
response
team
shall
establish
standards
for
3
team
membership,
shall
provide
the
division
department
with
4
a
listing
of
all
team
members,
and
shall
update
the
list
5
each
time
a
member
is
removed
from
or
added
to
the
team.
6
Individuals
so
identified
as
team
members
shall
be
considered
7
to
be
registered
as
team
members
for
purposes
of
subparagraph
8
(1).
9
(3)
Upon
notification
of
a
compensable
loss
to
a
member
of
10
a
homeland
security
and
emergency
management
response
team,
the
11
department
of
administrative
services
shall
process
the
claim
12
and
seek
authorization
from
the
executive
council
to
pay
as
an
13
expense
paid
from
the
appropriations
addressed
in
section
7D.29
14
those
costs
associated
with
covered
benefits.
15
g.
Implement
and
support
the
national
incident
management
16
system
as
established
by
the
United
States
department
of
17
homeland
security
to
be
used
by
state
agencies
and
local
and
18
tribal
governments
to
facilitate
efficient
and
effective
19
assistance
to
those
affected
by
emergencies
and
disasters.
20
h.
Carry
out
duties
related
to
the
flood
mitigation
program
21
and
the
flood
mitigation
board
under
chapter
418
.
22
4.
The
administrator
director
,
with
the
approval
of
the
23
governor
and
upon
recommendation
of
the
adjutant
general
,
may
24
employ
a
deputy
administrator
director
and
such
technical,
25
clerical,
stenographic,
and
other
personnel
and
make
such
26
expenditures
within
the
appropriation
or
from
other
funds
made
27
available
to
the
department
of
public
defense
for
purposes
of
28
emergency
management
,
as
may
be
necessary
to
administer
this
29
chapter
.
30
5.
The
homeland
security
and
emergency
management
division
31
department
may
charge
fees
for
the
repair,
calibration,
or
32
maintenance
of
radiological
detection
equipment
and
may
expend
33
funds
in
addition
to
funds
budgeted
for
the
servicing
of
the
34
radiological
detection
equipment.
The
division
department
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shall
adopt
rules
pursuant
to
chapter
17A
providing
for
the
1
establishment
and
collection
of
fees
for
radiological
detection
2
equipment
repair,
calibration,
or
maintenance
services
and
3
for
entering
into
agreements
with
other
public
and
private
4
entities
to
provide
the
services.
Fees
collected
for
repair,
5
calibration,
or
maintenance
services
shall
be
treated
as
6
repayment
receipts
as
defined
in
section
8.2
and
shall
be
used
7
for
the
operation
of
the
division’s
department’s
radiological
8
maintenance
facility
or
radiation
incident
response
training.
9
Sec.
18.
Section
29C.8A,
subsection
2,
Code
2013,
is
amended
10
to
read
as
follows:
11
2.
The
emergency
response
fund
shall
be
administered
by
the
12
homeland
security
and
emergency
management
division
department
13
to
carry
out
planning
and
training
for
the
emergency
response
14
teams.
15
Sec.
19.
Section
29C.9,
subsections
1,
5,
7,
8,
and
10,
Code
16
2013,
are
amended
to
read
as
follows:
17
1.
The
county
boards
of
supervisors,
city
councils,
and
18
the
sheriff
in
each
county
shall
cooperate
with
the
homeland
19
security
and
emergency
management
division
of
the
department
of
20
public
defense
department
to
establish
a
commission
to
carry
21
out
the
provisions
of
this
chapter
.
22
5.
The
commission
shall
model
its
bylaws
and
conduct
its
23
business
according
to
the
guidelines
provided
in
the
state
24
division’s
department’s
administrative
rules.
25
7.
The
commission
shall
delegate
to
the
emergency
26
management
coordinator
the
authority
to
fulfill
the
27
commission
duties
as
described
in
the
division’s
department’s
28
administrative
rules.
Each
commission
shall
appoint
a
29
local
emergency
management
coordinator
who
shall
meet
the
30
qualifications
specified
in
the
administrative
rules
by
the
31
administrator
of
the
homeland
security
and
emergency
management
32
division
director
.
Additional
emergency
management
personnel
33
may
be
appointed
at
the
discretion
of
the
commission.
34
8.
The
commission
shall
develop,
adopt,
and
submit
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for
approval
by
local
governments
within
the
commission’s
1
jurisdiction,
a
comprehensive
emergency
plan
which
meets
2
standards
adopted
by
the
division
department
in
accordance
with
3
chapter
17A
.
If
an
approved
comprehensive
emergency
plan
has
4
not
been
prepared
according
to
established
standards
and
the
5
administrator
of
the
homeland
security
and
emergency
management
6
division
director
finds
that
satisfactory
progress
is
not
being
7
made
toward
the
completion
of
the
plan,
or
if
the
administrator
8
director
finds
that
a
commission
has
failed
to
appoint
a
9
qualified
emergency
management
coordinator
as
provided
in
this
10
chapter
,
the
administrator
director
shall
notify
the
governing
11
bodies
of
the
counties
and
cities
affected
by
the
failure
12
and
the
governing
bodies
shall
not
appropriate
any
moneys
to
13
the
local
emergency
management
fund
until
the
comprehensive
14
emergency
plan
is
prepared
and
approved
or
a
qualified
15
emergency
management
coordinator
is
appointed.
If
the
16
administrator
director
finds
that
a
commission
has
appointed
an
17
unqualified
emergency
management
coordinator,
the
administrator
18
director
shall
notify
the
commission
citing
the
qualifications
19
which
are
not
met
and
the
commission
shall
not
approve
the
20
payment
of
the
salary
or
expenses
of
the
unqualified
emergency
21
management
coordinator.
22
10.
Two
or
more
commissions
may,
upon
review
by
the
23
state
administrator
director
and
with
the
approval
of
their
24
respective
boards
of
supervisors
and
cities,
enter
into
25
agreements
pursuant
to
chapter
28E
for
the
joint
coordination
26
and
administration
of
emergency
management
services
throughout
27
the
multicounty
area.
28
Sec.
20.
Section
29C.11,
subsection
1,
Code
2013,
is
amended
29
to
read
as
follows:
30
1.
The
local
emergency
management
commission
shall,
in
31
collaboration
with
other
public
and
private
agencies
within
32
this
state,
develop
mutual
aid
arrangements
for
reciprocal
33
disaster
services
and
recovery
aid
and
assistance
in
case
34
of
disaster
too
great
to
be
dealt
with
unassisted.
The
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arrangements
shall
be
consistent
with
the
homeland
security
and
1
emergency
management
division
department
plan
and
program,
and
2
in
time
of
emergency
each
local
emergency
management
agency
3
shall
render
assistance
in
accordance
with
the
provisions
of
4
the
mutual
aid
arrangements.
5
Sec.
21.
Section
29C.12,
Code
2013,
is
amended
to
read
as
6
follows:
7
29C.12
Use
of
existing
facilities.
8
In
carrying
out
the
provisions
of
this
chapter
,
the
9
governor
,
and
the
director
of
the
department
of
public
defense
,
10
and
the
executive
officers
or
governing
boards
of
political
11
subdivisions
of
the
state
shall
utilize,
to
the
maximum
extent
12
practicable,
the
services,
equipment,
supplies
,
and
facilities
13
of
existing
departments,
officers,
and
agencies
of
the
state
14
and
of
political
subdivisions
at
their
respective
levels
of
15
responsibility.
16
Sec.
22.
Section
29C.12A,
Code
2013,
is
amended
to
read
as
17
follows:
18
29C.12A
Participation
in
funding
disaster
recovery
facility.
19
All
state
government
departments
and
agencies
may
20
participate
in
sharing
the
cost
of
the
design,
construction,
21
and
operation
of
a
disaster
recovery
facility
located
in
the
22
STARC
joint
forces
headquarters
armory
at
Camp
Dodge.
State
23
departments
and
agencies
may
use
funds
from
any
source,
24
including
but
not
limited
to
user
fees
and
appropriations
25
for
operational
or
capital
purposes,
to
participate
in
the
26
facility.
27
Sec.
23.
Section
29C.14,
Code
2013,
is
amended
to
read
as
28
follows:
29
29C.14
Director
of
the
department
of
administrative
services
30
to
issue
warrants.
31
The
director
of
the
department
of
administrative
services
32
shall
draw
warrants
on
the
treasurer
of
state
for
the
purposes
33
specified
in
this
chapter
,
upon
duly
itemized
and
verified
34
vouchers
that
have
been
approved
by
the
administrator
director
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_____
of
the
department
of
homeland
security
and
emergency
management
1
division
.
2
Sec.
24.
Section
29C.18,
subsection
1,
Code
2013,
is
amended
3
to
read
as
follows:
4
1.
Every
organization
for
homeland
security
and
emergency
5
management
established
pursuant
to
this
chapter
and
its
6
officers
shall
execute
and
enforce
the
orders
or
rules
made
by
7
the
governor,
or
under
the
governor’s
authority
and
the
orders
8
or
rules
made
by
subordinate
organizations
and
not
contrary
or
9
inconsistent
with
the
orders
or
rules
of
the
governor.
10
Sec.
25.
Section
29C.20B,
Code
2013,
is
amended
to
read
as
11
follows:
12
29C.20B
Disaster
case
management.
13
1.
The
department
of
homeland
security
and
emergency
14
management
division
shall
work
with
the
department
of
15
human
services
and
nonprofit,
voluntary,
and
faith-based
16
organizations
active
in
disaster
recovery
and
response
to
17
establish
a
statewide
system
of
disaster
case
management
18
to
be
activated
following
the
governor’s
proclamation
of
a
19
disaster
emergency
or
the
declaration
of
a
major
disaster
by
20
the
president
of
the
United
States
for
individual
assistance
21
purposes.
Under
the
system,
the
department
of
homeland
22
security
and
emergency
management
division
shall
coordinate
23
case
management
services
locally
through
local
committees
as
24
established
in
each
commission’s
emergency
plan.
25
2.
The
department
of
homeland
security
and
emergency
26
management
division
,
in
conjunction
with
the
department
of
27
human
services
and
an
Iowa
representative
to
the
national
28
voluntary
organizations
active
in
disaster,
shall
adopt
rules
29
pursuant
to
chapter
17A
to
create
coordination
mechanisms
30
and
standards
for
the
establishment
and
implementation
of
31
a
statewide
system
of
disaster
case
management
which
shall
32
include
at
least
all
of
the
following:
33
a.
Disaster
case
management
standards.
34
b.
Disaster
case
management
policies.
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c.
Reporting
requirements.
1
d.
Eligibility
criteria.
2
e.
Coordination
mechanisms
necessary
to
carry
out
the
3
services
provided.
4
f.
Development
of
formal
working
relationships
with
5
agencies
and
creation
of
interagency
agreements
for
those
6
considered
to
provide
disaster
case
management
services.
7
g.
Coordination
of
all
available
services
for
individuals
8
from
multiple
agencies.
9
Sec.
26.
Section
29C.22,
subsection
3,
paragraph
c,
Code
10
2013,
is
amended
to
read
as
follows:
11
c.
The
authorized
representative
of
a
participating
12
government
may
initiate
a
request
by
contacting
the
department
13
of
homeland
security
and
emergency
management
division
of
the
14
state
department
of
public
defense
.
When
a
request
is
received
15
by
the
division
department
,
the
division
department
shall
16
directly
contact
other
participating
governments
to
coordinate
17
the
provision
of
mutual
aid.
18
Sec.
27.
Section
29C.22,
subsection
11,
paragraphs
b
and
c,
19
Code
2013,
are
amended
to
read
as
follows:
20
b.
Any
participating
government
may
withdraw
from
this
21
compact
by
adopting
an
ordinance
or
resolution
repealing
the
22
same,
but
a
withdrawal
shall
not
take
effect
until
thirty
days
23
after
the
governing
body
of
the
withdrawing
participating
24
government
has
given
notice
in
writing
of
the
withdrawal
to
the
25
administrator
director
of
the
department
of
homeland
security
26
and
emergency
management
division
who
shall
notify
all
other
27
participating
governments.
The
action
shall
not
relieve
the
28
withdrawing
political
subdivision
from
obligations
assumed
29
under
this
compact
prior
to
the
effective
date
of
withdrawal.
30
c.
Duly
authenticated
copies
of
this
compact
and
any
31
supplementary
agreements
as
may
be
entered
into
shall
32
be
deposited,
at
the
time
of
their
approval,
with
the
33
administrator
director
of
the
department
of
homeland
security
34
and
emergency
management
division
who
shall
notify
all
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participating
governments
and
other
appropriate
agencies
of
1
state
government.
2
Sec.
28.
Section
30.2,
subsections
1
and
2,
Code
2013,
are
3
amended
to
read
as
follows:
4
1.
The
Iowa
emergency
response
commission
is
established.
5
The
commission
is
responsible
directly
to
the
governor.
The
6
commission
is
attached
to
the
department
of
public
defense
7
homeland
security
and
emergency
management
for
routine
8
administrative
and
support
services
only.
9
2.
a.
The
commission
is
composed
of
fifteen
sixteen
members
10
appointed
by
the
governor.
One
member
shall
be
appointed
to
11
represent
the
department
of
homeland
security
and
emergency
12
management,
one
to
represent
the
department
of
agriculture
and
13
land
stewardship,
one
to
represent
the
department
of
workforce
14
development,
one
to
represent
the
department
of
justice,
one
to
15
represent
the
department
of
natural
resources,
one
to
represent
16
the
department
of
public
defense,
one
to
represent
the
Iowa
17
department
of
public
health,
one
to
represent
the
department
18
of
public
safety,
one
to
represent
the
state
department
of
19
transportation,
one
to
represent
the
state
fire
service
and
20
emergency
response
council,
one
to
represent
a
local
emergency
21
planning
committee,
one
to
represent
the
Iowa
hazardous
22
materials
task
force,
and
one
to
represent
the
office
of
the
23
governor.
Three
representatives
from
private
industry
shall
24
also
be
appointed
by
the
governor,
subject
to
confirmation
by
25
the
senate.
26
b.
The
commission
members
representing
the
departments
27
of
homeland
security
and
emergency
management,
workforce
28
development,
natural
resources,
public
defense,
public
safety,
29
and
transportation,
a
local
emergency
planning
committee,
30
and
one
private
industry
representative
designated
by
the
31
commission
shall
be
voting
members
of
the
commission.
The
32
remaining
members
of
the
commission
shall
serve
as
nonvoting,
33
advisory
members.
34
Sec.
29.
Section
30.5,
subsection
2,
Code
2013,
is
amended
35
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H.F.
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to
read
as
follows:
1
2.
The
commission
may
enter
into
agreements
pursuant
to
2
chapter
28E
to
accomplish
any
duty
imposed
upon
the
commission
3
by
the
Emergency
Planning
and
Community
Right-to-know
Act,
4
but
the
commission
shall
not
compensate
any
governmental
unit
5
for
the
performance
of
duties
pursuant
to
such
an
agreement.
6
Funding
for
administering
the
duties
of
the
commission
under
7
sections
30.7
,
30.8
,
and
30.9
shall
be
included
in
the
budgets
8
of
the
department
of
natural
resources
and
the
department
of
9
public
defense
homeland
security
and
emergency
management
.
10
Sec.
30.
Section
30.9,
Code
2013,
is
amended
to
read
as
11
follows:
12
30.9
Duties
to
be
allocated
to
department
of
public
defense
13
homeland
security
and
emergency
management
.
14
Agreements
negotiated
by
the
commission
and
the
department
15
of
public
defense
homeland
security
and
emergency
management
16
shall
provide
for
the
allocation
of
duties
to
the
department
17
of
public
defense
homeland
security
and
emergency
management
18
as
follows:
19
1.
Comprehensive
emergency
plans
required
to
be
developed
20
under
section
303
of
the
Emergency
Planning
and
Community
21
Right-to-Know
Right-to-know
Act,
42
U.S.C.
§
11003,
shall
22
be
submitted
to
the
department
of
public
defense
homeland
23
security
and
emergency
management
.
Committee
submission
to
24
that
department
constitutes
compliance
with
the
requirement
for
25
reporting
to
the
commission.
After
initial
submission,
a
plan
26
need
not
be
resubmitted
unless
revisions
are
requested
by
the
27
commission.
The
department
of
public
defense
homeland
security
28
and
emergency
management
shall
review
the
plan
on
behalf
of
the
29
commission
and
shall
incorporate
the
provisions
of
the
plan
30
into
its
responsibilities
under
chapter
29C
.
31
2.
The
department
of
public
defense
homeland
security
and
32
emergency
management
shall
advise
the
commission
of
the
failure
33
of
any
committee
to
submit
an
initial
comprehensive
emergency
34
response
and
recovery
plan
or
a
revised
plan
requested
by
the
35
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commission.
1
3.
The
department
of
public
defense
homeland
security
and
2
emergency
management
shall
make
available
to
the
public
upon
3
request
during
normal
working
hours
the
information
in
its
4
possession
pursuant
to
section
324
of
the
Emergency
Planning
5
and
Community
Right-to-Know
Right-to-know
Act,
42
U.S.C.
6
§
11044.
7
Sec.
31.
Section
34A.2,
subsection
2,
Code
2013,
is
amended
8
by
striking
the
subsection.
9
Sec.
32.
Section
34A.2,
Code
2013,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
3A.
“Director”
means
the
director
of
the
12
department
of
homeland
security
and
emergency
management.
13
Sec.
33.
Section
34A.2A,
Code
2013,
is
amended
to
read
as
14
follows:
15
34A.2A
Program
manager
——
appointment
——
duties.
16
1.
The
administrator
director
of
the
department
of
homeland
17
security
and
emergency
management
division
of
the
department
18
of
public
defense
shall
appoint
an
E911
program
manager
to
19
administer
this
chapter
.
20
2.
The
E911
program
manager
shall
act
under
the
supervisory
21
control
of
the
administrator
director
of
the
department
of
22
homeland
security
and
emergency
management
division
of
the
23
department
of
public
defense
,
and
in
consultation
with
the
24
E911
communications
council,
and
shall
perform
the
duties
25
specifically
set
forth
in
this
chapter
and
as
assigned
by
the
26
administrator
director
.
27
Sec.
34.
Section
34A.6,
subsection
3,
Code
2013,
is
amended
28
to
read
as
follows:
29
3.
The
secretary
of
state,
in
consultation
with
the
30
administrator
director
,
shall
adopt
rules
for
the
conduct
of
31
joint
E911
service
referendums
as
required
by
and
consistent
32
with
subsections
1
and
2
.
33
Sec.
35.
Section
34A.7A,
subsection
1,
paragraph
a,
Code
34
2013,
is
amended
to
read
as
follows:
35
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H.F.
_____
a.
Notwithstanding
section
34A.6
,
the
administrator
1
director
shall
adopt
by
rule
a
monthly
surcharge
of
up
2
to
sixty-five
cents
to
be
imposed
on
each
communications
3
service
number
provided
in
this
state.
The
surcharge
shall
4
be
imposed
uniformly
on
a
statewide
basis
and
simultaneously
5
on
all
communications
service
numbers
as
provided
by
rule
6
of
the
administrator
director
.
The
surcharge
shall
not
be
7
imposed
on
wire-line-based
communications
or
prepaid
wireless
8
telecommunications
service.
9
Sec.
36.
Section
34A.7A,
subsection
2,
paragraphs
a
and
f,
10
Code
2013,
are
amended
to
read
as
follows:
11
a.
An
amount
as
appropriated
by
the
general
assembly
to
the
12
administrator
director
shall
be
allocated
to
the
administrator
13
director
and
program
manager
for
implementation,
support,
and
14
maintenance
of
the
functions
of
the
administrator
director
and
15
program
manager
and
to
employ
the
auditor
of
state
to
perform
16
an
annual
audit
of
the
E911
emergency
communications
fund.
17
f.
The
administrator
director
,
in
consultation
with
the
18
program
manager
and
the
E911
communications
council,
shall
19
adopt
rules
pursuant
to
chapter
17A
governing
the
distribution
20
of
the
surcharge
collected
and
distributed
pursuant
to
this
21
subsection
.
The
rules
shall
include
provisions
that
all
joint
22
E911
service
boards
and
the
department
of
public
safety
which
23
answer
or
service
wireless
E911
calls
are
eligible
to
receive
24
an
equitable
portion
of
the
receipts.
25
Sec.
37.
Section
34A.15,
subsection
3,
Code
2013,
is
amended
26
to
read
as
follows:
27
3.
The
council
shall
advise
and
make
recommendations
to
28
the
administrator
director
and
program
manager
regarding
29
the
implementation
of
this
chapter
.
Such
advice
and
30
recommendations
shall
be
provided
on
issues
at
the
request
of
31
the
administrator
director
or
program
manager
or
as
deemed
32
necessary
by
the
council.
33
Sec.
38.
Section
35A.5,
subsection
16,
Code
2013,
is
amended
34
to
read
as
follows:
35
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H.F.
_____
16.
In
coordination
with
the
military
division
of
the
1
department
of
public
defense,
advise
service
members
prior
to,
2
and
after
returning
from,
deployment
on
active
duty
service
3
outside
the
United
States
of
issues
related
to
the
filing
4
of
tax
returns
and
the
payment
of
taxes
due
and
encourage
a
5
service
member
who
has
not
filed
a
return
or
who
owes
taxes
to
6
contact
the
department
of
revenue
prior
to
deployment.
7
Sec.
39.
Section
80.28,
subsection
2,
paragraph
a,
8
subparagraph
(3),
Code
2013,
is
amended
to
read
as
follows:
9
(3)
One
member
representing
the
department
of
homeland
10
security
and
emergency
management
division
.
11
Sec.
40.
Section
80B.11C,
Code
2013,
is
amended
to
read
as
12
follows:
13
80B.11C
Telecommunicator
training
standards.
14
The
director
of
the
academy,
subject
to
the
approval
of
15
the
council,
in
consultation
with
the
Iowa
state
sheriffs’
16
and
deputies’
association,
the
Iowa
police
executive
forum,
17
the
Iowa
peace
officers
association,
the
Iowa
state
police
18
association,
the
Iowa
professional
fire
fighters,
the
Iowa
19
emergency
medical
services
association,
the
joint
council
of
20
Iowa
fire
service
organizations,
the
Iowa
department
of
public
21
safety,
the
Iowa
chapter
of
the
association
of
public-safety
22
communications
officials
——
international,
inc.,
the
Iowa
chapter
23
of
the
national
emergency
number
association,
the
department
of
24
homeland
security
and
emergency
management
division
of
the
Iowa
25
department
of
public
defense
,
and
the
Iowa
department
of
public
26
health,
shall
adopt
rules
pursuant
to
chapter
17A
establishing
27
minimum
standards
for
training
of
telecommunicators.
For
28
purposes
of
this
section
,
“telecommunicator”
means
a
person
who
29
receives
requests
for,
or
dispatches
requests
to,
emergency
30
response
agencies
which
include,
but
are
not
limited
to,
law
31
enforcement,
fire,
rescue,
and
emergency
medical
services
32
agencies.
33
Sec.
41.
Section
97B.49B,
subsection
1,
paragraph
e,
34
subparagraph
(8),
Code
2013,
is
amended
to
read
as
follows:
35
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_____
H.F.
_____
(8)
An
airport
fire
fighter
employed
by
the
military
1
division
of
the
department
of
public
defense.
2
Sec.
42.
Section
100B.22,
subsection
1,
paragraph
a,
Code
3
2013,
is
amended
to
read
as
follows:
4
a.
Regional
emergency
response
training
centers
shall
be
5
established
to
provide
training
to
fire
fighters
and
other
6
emergency
responders.
The
lead
public
agency
for
the
training
7
centers
shall
be
the
following
community
colleges
for
the
8
following
merged
areas:
9
(1)
Northeast
Iowa
community
college
for
merged
area
I
10
in
partnership
with
the
Dubuque
county
firemen’s
association
11
and
to
provide
advanced
training
in
agricultural
emergency
12
response
as
such
advanced
training
is
funded
by
the
department
13
of
homeland
security
and
emergency
management
division
of
the
14
department
of
public
defense
.
15
(2)
North
Iowa
area
community
college
for
merged
area
II
in
16
partnership
with
the
Mason
City
fire
department.
17
(3)
Iowa
lakes
community
college
for
merged
area
III
and
18
northwest
Iowa
community
college
for
merged
area
IV.
19
(4)
Iowa
central
community
college
for
merged
area
V
and
to
20
provide
advanced
training
in
homeland
security
as
such
advanced
21
training
is
funded
by
the
department
of
homeland
security
and
22
emergency
management
division
of
the
department
of
public
23
defense
.
24
(5)
Hawkeye
community
college
for
merged
area
VII
in
25
partnership
with
the
Waterloo
regional
hazardous
materials
26
training
center
and
to
provide
advanced
training
in
hazardous
27
materials
emergency
response
as
such
advanced
training
is
28
funded
by
the
department
of
homeland
security
and
emergency
29
management
division
of
the
department
of
public
defense
.
30
(6)
Eastern
Iowa
community
college
for
merged
area
IX
in
31
partnership
with
the
city
of
Davenport
fire
department.
32
(7)
Kirkwood
community
college
for
merged
area
X
in
33
partnership
with
the
city
of
Coralville
fire
department
and
the
34
Iowa
City
fire
department
and
to
provide
advanced
training
in
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agricultural
terrorism
response
and
mass
casualty
and
fatality
1
response
as
such
advanced
training
is
funded
by
the
department
2
of
homeland
security
and
emergency
management
division
of
the
3
department
of
public
defense
.
4
(8)
Des
Moines
area
community
college
for
merged
area
XI
and
5
Iowa
valley
community
college
for
merged
area
VI
and
to
provide
6
advanced
training
in
operations
integration
in
compliance
7
with
the
national
incident
management
system
as
such
advanced
8
training
is
funded
by
the
department
of
homeland
security
and
9
emergency
management
division
of
the
department
of
public
10
defense
.
11
(9)
Western
Iowa
technical
community
college
for
merged
12
area
XII
in
partnership
with
the
Sioux
City
fire
department
13
and
to
provide
advanced
training
in
emergency
responder
14
communications
as
such
advanced
training
is
funded
by
the
15
department
of
homeland
security
and
emergency
management
16
division
of
the
department
of
public
defense
.
17
(10)
Iowa
western
community
college
for
merged
areas
XIII
18
and
XIV
in
partnership
with
southwestern
community
college
and
19
the
Council
Bluffs
fire
department.
20
(11)
Southeastern
Iowa
community
college
for
merged
areas
21
XV
and
XVI
in
partnership
with
Indian
hills
community
college
22
and
the
city
of
Fort
Madison
fire
department.
23
Sec.
43.
Section
135.141,
subsection
2,
paragraphs
a
and
j,
24
Code
2013,
are
amended
to
read
as
follows:
25
a.
Coordinate
with
the
department
of
homeland
security
26
and
emergency
management
division
of
the
department
of
public
27
defense
the
administration
of
emergency
planning
matters
28
which
involve
the
public
health,
including
development,
29
administration,
and
execution
of
the
public
health
components
30
of
the
comprehensive
emergency
plan
and
emergency
management
31
program
pursuant
to
section
29C.8
.
32
j.
Adopt
rules
pursuant
to
chapter
17A
for
the
33
administration
of
this
division
of
this
chapter
including
rules
34
adopted
in
cooperation
with
the
Iowa
pharmacy
association
35
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H.F.
_____
and
the
Iowa
hospital
association
for
the
development
of
a
1
surveillance
system
to
monitor
supplies
of
drugs,
antidotes,
2
and
vaccines
to
assist
in
detecting
a
potential
public
health
3
disaster.
Prior
to
adoption,
the
rules
shall
be
approved
by
4
the
state
board
of
health
and
the
administrator
director
of
5
the
department
of
homeland
security
and
emergency
management
6
division
of
the
department
of
public
defense
.
7
Sec.
44.
Section
135.145,
subsections
1
and
2,
Code
2013,
8
are
amended
to
read
as
follows:
9
1.
When
the
department
of
public
safety
or
other
federal,
10
state,
or
local
law
enforcement
agency
learns
of
a
case
of
a
11
disease
or
health
condition,
unusual
cluster,
or
a
suspicious
12
event
that
may
be
the
cause
of
a
public
health
disaster,
the
13
department
or
agency
shall
immediately
notify
the
department,
14
the
administrator
director
of
the
department
of
homeland
15
security
and
emergency
management
division
of
the
department
16
of
public
defense
,
the
department
of
agriculture
and
land
17
stewardship,
and
the
department
of
natural
resources
as
18
appropriate.
19
2.
When
the
department
learns
of
a
case
of
a
disease
20
or
health
condition,
an
unusual
cluster,
or
a
suspicious
21
event
that
may
be
the
cause
of
a
public
health
disaster,
the
22
department
shall
immediately
notify
the
department
of
public
23
safety,
the
department
of
homeland
security
and
emergency
24
management
division
of
the
department
of
public
defense
,
and
25
other
appropriate
federal,
state,
and
local
agencies
and
26
officials.
27
Sec.
45.
Section
163.3A,
subsection
2,
Code
2013,
is
amended
28
to
read
as
follows:
29
2.
The
services
shall
be
performed
under
the
direction
of
30
the
department
and
may
be
part
of
measures
authorized
by
the
31
governor
under
a
declaration
or
proclamation
issued
pursuant
to
32
chapter
29C
.
In
such
case,
the
department
shall
cooperate
with
33
the
Iowa
department
of
public
health
under
chapter
135
,
and
the
34
department
of
public
defense,
homeland
security
and
emergency
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management
division
,
and
local
emergency
management
agencies
as
1
provided
in
chapter
29C
.
2
Sec.
46.
Section
163.51,
subsection
2,
paragraph
b,
Code
3
2013,
is
amended
to
read
as
follows:
4
b.
If
the
department
confirms
an
outbreak
of
foot
and
5
mouth
disease
in
this
state,
the
department
shall
cooperate
6
with
the
governor;
federal
agencies,
including
the
United
7
States
department
of
agriculture;
and
state
agencies,
including
8
the
department
of
homeland
security
and
emergency
management
9
division
of
the
department
of
public
defense
,
in
order
to
10
provide
the
public
with
timely
and
accurate
information
11
regarding
the
outbreak.
The
department
shall
cooperate
with
12
organizations
representing
agricultural
producers
in
order
to
13
provide
all
necessary
information
to
agricultural
producers
14
required
to
control
the
outbreak.
15
Sec.
47.
Section
305.8,
subsection
1,
paragraph
b,
Code
16
2013,
is
amended
to
read
as
follows:
17
b.
In
consultation
with
the
department
of
homeland
security
18
and
emergency
management
division
of
the
department
of
public
19
defense
,
establish
policies,
standards,
and
guidelines
for
20
the
identification,
protection,
and
preservation
of
records
21
essential
for
the
continuity
or
reestablishment
of
governmental
22
functions
in
the
event
of
an
emergency
arising
from
a
natural
23
or
other
disaster.
24
Sec.
48.
Section
418.1,
subsection
3,
Code
2013,
is
amended
25
to
read
as
follows:
26
3.
“Division”
“Department”
means
the
department
of
homeland
27
security
and
emergency
management
division
of
the
department
28
of
public
defense
.
29
Sec.
49.
Section
418.5,
subsection
1,
Code
2013,
is
amended
30
to
read
as
follows:
31
1.
The
flood
mitigation
board
is
established
consisting
of
32
nine
voting
members
and
four
ex
officio,
nonvoting
members,
and
33
is
located
for
administrative
purposes
within
the
division.
34
The
administrator
director
of
the
division
department
shall
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provide
office
space,
staff
assistance,
and
necessary
supplies
1
and
equipment
for
the
board.
The
administrator
director
shall
2
budget
funds
to
pay
the
necessary
expenses
of
the
board.
In
3
performing
its
functions,
the
board
is
performing
a
public
4
function
on
behalf
of
the
state
and
is
a
public
instrumentality
5
of
the
state.
6
Sec.
50.
Section
418.5,
subsection
2,
paragraph
e,
Code
7
2013,
is
amended
to
read
as
follows:
8
e.
The
administrator
director
of
the
division
department
or
9
the
administrator’s
director’s
designee.
10
Sec.
51.
Section
418.7,
Code
2013,
is
amended
to
read
as
11
follows:
12
418.7
Division
Department
duties.
13
The
division
department
,
subject
to
approval
by
the
board,
14
shall
adopt
administrative
rules
pursuant
to
chapter
17A
15
necessary
to
administer
the
flood
mitigation
program.
The
16
division
department
shall
provide
the
board
with
assistance
in
17
implementing
administrative
functions
and
providing
technical
18
assistance
and
application
assistance
to
applicants
under
the
19
program.
20
Sec.
52.
Section
418.8,
subsection
1,
Code
2013,
is
amended
21
to
read
as
follows:
22
1.
The
board
shall
establish
and
the
division
department
,
23
subject
to
direction
and
approval
by
the
board,
shall
24
administer
a
flood
mitigation
program
to
assist
governmental
25
entities
in
undertaking
projects
approved
under
this
chapter
.
26
The
flood
mitigation
program
shall
include
projects
approved
27
by
the
board
to
utilize
either
financial
assistance
from
28
the
flood
mitigation
fund
created
under
section
418.10
or
29
sales
tax
revenues
remitted
to
the
governmental
entity
under
30
section
418.12
.
A
governmental
entity
shall
not
be
approved
31
by
the
board
to
utilize
both
financial
assistance
from
the
32
flood
mitigation
fund
and
sales
tax
revenues
remitted
to
the
33
governmental
entity.
34
Sec.
53.
Section
418.9,
subsections
4
and
7,
Code
2013,
are
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amended
to
read
as
follows:
1
4.
Upon
review
of
the
applications,
the
board,
following
2
consultation
with
the
economic
development
authority,
shall
3
approve,
defer,
or
deny
the
applications.
If
a
project
plan
4
is
denied,
the
board
shall
state
the
reasons
for
the
denial
5
and
the
governmental
entity
may
resubmit
the
application
so
6
long
as
the
application
is
filed
on
or
before
January
1,
2016.
7
If
a
project
plan
application
is
approved,
the
board
shall
8
specify
whether
the
governmental
entity
is
approved
for
the
9
use
of
sales
tax
revenues
under
section
418.12
or
whether
the
10
governmental
entity
is
approved
to
receive
financial
assistance
11
from
the
flood
mitigation
fund
under
section
418.10
.
If
12
the
board
approves
a
project
plan
application
that
includes
13
financial
assistance
from
the
flood
mitigation
fund,
the
14
board
shall
negotiate
and
execute
on
behalf
of
the
division
15
department
all
necessary
agreements
to
provide
such
financial
16
assistance.
If
the
board
approves
a
project
plan
application
17
that
includes
the
use
of
sales
tax
increment
revenues,
the
18
board
shall
establish
the
annual
maximum
amount
of
such
19
revenues
that
may
be
remitted
to
the
governmental
entity
20
not
to
exceed
the
limitations
in
section
418.12,
subsection
21
4
.
The
board
may,
however,
establish
remittance
limitations
22
for
the
project
lower
than
the
individual
project
remittance
23
limitations
specified
for
projects
under
section
418.12,
24
subsection
4
.
25
7.
Upon
approval
of
an
application
for
financial
assistance
26
under
the
program,
the
board
shall
notify
the
treasurer
of
27
state
regarding
the
amount
of
moneys
needed
to
satisfy
the
28
award
of
financial
assistance
and
the
terms
of
the
award.
29
The
treasurer
of
state
shall
notify
the
division
department
30
any
time
moneys
are
disbursed
to
a
recipient
of
financial
31
assistance
under
the
program.
32
Sec.
54.
Section
455B.266,
subsection
1,
paragraph
d,
Code
33
2013,
is
amended
to
read
as
follows:
34
d.
Determination
by
the
department
in
conjunction
with
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the
department
of
homeland
security
and
emergency
management
1
division
of
the
department
of
public
defense
of
a
local
crisis
2
which
affects
availability
of
water.
3
Sec.
55.
Section
455B.385,
Code
2013,
is
amended
to
read
as
4
follows:
5
455B.385
State
hazardous
condition
contingency
plan.
6
All
public
agencies,
as
defined
in
chapter
28E
,
shall
7
cooperate
in
the
development
and
implementation
of
a
state
8
hazardous
condition
contingency
plan.
The
plan
shall
detail
9
the
manner
in
which
public
agencies
shall
participate
in
the
10
response
to
a
hazardous
condition.
The
director
may
enter
11
into
agreements,
with
approval
of
the
commission,
with
any
12
state
agency
or
unit
of
local
government
or
with
the
federal
13
government,
as
necessary
to
develop
and
implement
the
plan.
14
The
plan
shall
be
coordinated
with
the
department
of
homeland
15
security
and
emergency
management
division
of
the
department
16
of
public
defense
and
any
joint
emergency
management
agencies
17
established
pursuant
to
chapter
29C
.
18
Sec.
56.
Section
466B.3,
subsection
4,
paragraph
d,
Code
19
2013,
is
amended
to
read
as
follows:
20
d.
The
administrator
director
of
the
department
of
homeland
21
security
and
emergency
management
division
of
the
department
of
22
public
defense
or
the
administrator’s
director’s
designee.
23
Sec.
57.
REPEAL.
Sections
29.2,
29.3,
and
29C.7,
Code
2013,
24
are
repealed.
25
Sec.
58.
TRANSITION
PROVISIONS.
26
1.
Any
rule,
regulation,
form,
order,
or
directive
27
promulgated
by
the
division
of
homeland
security
and
28
emergency
management
of
the
department
of
public
defense
shall
29
continue
in
full
force
and
effect
until
amended,
repealed,
30
or
supplemented
by
affirmative
action
of
the
department
of
31
homeland
security
and
emergency
management
as
established
in
32
this
Act.
33
2.
All
employees
of
the
division
of
homeland
security
and
34
emergency
management
of
the
department
of
public
defense
shall
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be
considered
employees
of
the
department
of
homeland
security
1
and
emergency
management
upon
the
elimination
of
the
former
and
2
creation
of
the
latter
as
provided
in
this
Act.
3
EXPLANATION
4
Currently,
the
department
of
public
defense
is
composed
5
of
the
military
division
and
the
homeland
security
and
6
emergency
management
division.
This
bill
transfers
the
7
homeland
security
and
emergency
management
division
of
the
8
department
of
public
defense
into
a
new
department
of
homeland
9
security
and
emergency
management.
The
bill
retains
within
the
10
department
of
public
defense
responsibility
over
the
office
of
11
the
adjutant
general
and
the
military
forces
of
the
state
of
12
Iowa.
The
bill
provides
that
the
governor
appoint
the
director
13
of
the
new
department.
Current
duties
and
responsibilities
14
of
the
homeland
security
and
emergency
management
division
15
are
transferred
to
the
new
department
of
homeland
security
16
and
emergency
management.
In
addition,
the
bill
transfers
17
the
attachment
of
the
Iowa
emergency
response
commission
18
for
routine
administrative
support
from
the
department
of
19
public
defense
to
the
new
department
of
homeland
security
and
20
emergency
management.
21
The
bill
also
includes
transition
provisions
relative
to
22
the
establishment
of
the
department
of
homeland
security
23
and
emergency
management.
The
bill
provides
that
any
rule,
24
regulation,
form,
order,
or
directive
promulgated
by
the
25
division
of
homeland
security
and
emergency
management
of
the
26
department
of
public
defense
shall
continue
unless
modified
or
27
otherwise
changed
by
the
new
department.
The
bill
provides
28
that
employees
of
the
division
of
homeland
security
and
29
emergency
management
of
the
department
shall
be
considered
30
employees
of
the
department
of
homeland
security
and
emergency
31
management.
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