Senate
File
289
-
Introduced
SENATE
FILE
289
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1033)
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
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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
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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
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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
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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
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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
.
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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:
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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
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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
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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
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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
with
31
chapter
17A
.
If
an
approved
comprehensive
emergency
plan
has
32
not
been
prepared
according
to
established
standards
and
the
33
administrator
of
the
homeland
security
and
emergency
management
34
division
director
finds
that
satisfactory
progress
is
not
being
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made
toward
the
completion
of
the
plan,
or
if
the
administrator
1
director
finds
that
a
commission
has
failed
to
appoint
a
2
qualified
emergency
management
coordinator
as
provided
in
this
3
chapter
,
the
administrator
director
shall
notify
the
governing
4
bodies
of
the
counties
and
cities
affected
by
the
failure
5
and
the
governing
bodies
shall
not
appropriate
any
moneys
to
6
the
local
emergency
management
fund
until
the
comprehensive
7
emergency
plan
is
prepared
and
approved
or
a
qualified
8
emergency
management
coordinator
is
appointed.
If
the
9
administrator
director
finds
that
a
commission
has
appointed
an
10
unqualified
emergency
management
coordinator,
the
administrator
11
director
shall
notify
the
commission
citing
the
qualifications
12
which
are
not
met
and
the
commission
shall
not
approve
the
13
payment
of
the
salary
or
expenses
of
the
unqualified
emergency
14
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:
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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
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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.
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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
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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
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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.
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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
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289
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,
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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
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homeland
security
and
emergency
management
division
of
the
Iowa
1
department
of
public
defense
,
and
the
Iowa
department
of
public
2
health,
shall
adopt
rules
pursuant
to
chapter
17A
establishing
3
minimum
standards
for
training
of
telecommunicators.
For
4
purposes
of
this
section
,
“telecommunicator”
means
a
person
who
5
receives
requests
for,
or
dispatches
requests
to,
emergency
6
response
agencies
which
include,
but
are
not
limited
to,
law
7
enforcement,
fire,
rescue,
and
emergency
medical
services
8
agencies.
9
Sec.
43.
Section
97B.49B,
subsection
1,
paragraph
e,
10
subparagraph
(8),
Code
2013,
is
amended
to
read
as
follows:
11
(8)
An
airport
fire
fighter
employed
by
the
military
12
division
of
the
department
of
public
defense.
13
Sec.
44.
Section
100B.22,
subsection
1,
paragraph
a,
Code
14
2013,
is
amended
to
read
as
follows:
15
a.
Regional
emergency
response
training
centers
shall
be
16
established
to
provide
training
to
fire
fighters
and
other
17
emergency
responders.
The
lead
public
agency
for
the
training
18
centers
shall
be
the
following
community
colleges
for
the
19
following
merged
areas:
20
(1)
Northeast
Iowa
community
college
for
merged
area
I
21
in
partnership
with
the
Dubuque
county
firemen’s
association
22
and
to
provide
advanced
training
in
agricultural
emergency
23
response
as
such
advanced
training
is
funded
by
the
department
24
of
homeland
security
and
emergency
management
division
of
the
25
department
of
public
defense
.
26
(2)
North
Iowa
area
community
college
for
merged
area
II
in
27
partnership
with
the
Mason
City
fire
department.
28
(3)
Iowa
lakes
community
college
for
merged
area
III
and
29
northwest
Iowa
community
college
for
merged
area
IV.
30
(4)
Iowa
central
community
college
for
merged
area
V
and
to
31
provide
advanced
training
in
homeland
security
as
such
advanced
32
training
is
funded
by
the
department
of
homeland
security
and
33
emergency
management
division
of
the
department
of
public
34
defense
.
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(5)
Hawkeye
community
college
for
merged
area
VII
in
1
partnership
with
the
Waterloo
regional
hazardous
materials
2
training
center
and
to
provide
advanced
training
in
hazardous
3
materials
emergency
response
as
such
advanced
training
is
4
funded
by
the
department
of
homeland
security
and
emergency
5
management
division
of
the
department
of
public
defense
.
6
(6)
Eastern
Iowa
community
college
for
merged
area
IX
in
7
partnership
with
the
city
of
Davenport
fire
department.
8
(7)
Kirkwood
community
college
for
merged
area
X
in
9
partnership
with
the
city
of
Coralville
fire
department
and
the
10
Iowa
City
fire
department
and
to
provide
advanced
training
in
11
agricultural
terrorism
response
and
mass
casualty
and
fatality
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
(8)
Des
Moines
area
community
college
for
merged
area
XI
and
16
Iowa
valley
community
college
for
merged
area
VI
and
to
provide
17
advanced
training
in
operations
integration
in
compliance
18
with
the
national
incident
management
system
as
such
advanced
19
training
is
funded
by
the
department
of
homeland
security
and
20
emergency
management
division
of
the
department
of
public
21
defense
.
22
(9)
Western
Iowa
technical
community
college
for
merged
23
area
XII
in
partnership
with
the
Sioux
City
fire
department
24
and
to
provide
advanced
training
in
emergency
responder
25
communications
as
such
advanced
training
is
funded
by
the
26
department
of
homeland
security
and
emergency
management
27
division
of
the
department
of
public
defense
.
28
(10)
Iowa
western
community
college
for
merged
areas
XIII
29
and
XIV
in
partnership
with
southwestern
community
college
and
30
the
Council
Bluffs
fire
department.
31
(11)
Southeastern
Iowa
community
college
for
merged
areas
32
XV
and
XVI
in
partnership
with
Indian
hills
community
college
33
and
the
city
of
Fort
Madison
fire
department.
34
Sec.
45.
Section
135.141,
subsection
2,
paragraphs
a
and
j,
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289
Code
2013,
are
amended
to
read
as
follows:
1
a.
Coordinate
with
the
department
of
homeland
security
2
and
emergency
management
division
of
the
department
of
public
3
defense
the
administration
of
emergency
planning
matters
4
which
involve
the
public
health,
including
development,
5
administration,
and
execution
of
the
public
health
components
6
of
the
comprehensive
emergency
plan
and
emergency
management
7
program
pursuant
to
section
29C.8
.
8
j.
Adopt
rules
pursuant
to
chapter
17A
for
the
9
administration
of
this
division
of
this
chapter
including
rules
10
adopted
in
cooperation
with
the
Iowa
pharmacy
association
11
and
the
Iowa
hospital
association
for
the
development
of
a
12
surveillance
system
to
monitor
supplies
of
drugs,
antidotes,
13
and
vaccines
to
assist
in
detecting
a
potential
public
health
14
disaster.
Prior
to
adoption,
the
rules
shall
be
approved
by
15
the
state
board
of
health
and
the
administrator
director
of
16
the
department
of
homeland
security
and
emergency
management
17
division
of
the
department
of
public
defense
.
18
Sec.
46.
Section
135.145,
subsections
1
and
2,
Code
2013,
19
are
amended
to
read
as
follows:
20
1.
When
the
department
of
public
safety
or
other
federal,
21
state,
or
local
law
enforcement
agency
learns
of
a
case
of
a
22
disease
or
health
condition,
unusual
cluster,
or
a
suspicious
23
event
that
may
be
the
cause
of
a
public
health
disaster,
the
24
department
or
agency
shall
immediately
notify
the
department,
25
the
administrator
director
of
the
department
of
homeland
26
security
and
emergency
management
division
of
the
department
27
of
public
defense
,
the
department
of
agriculture
and
land
28
stewardship,
and
the
department
of
natural
resources
as
29
appropriate.
30
2.
When
the
department
learns
of
a
case
of
a
disease
31
or
health
condition,
an
unusual
cluster,
or
a
suspicious
32
event
that
may
be
the
cause
of
a
public
health
disaster,
the
33
department
shall
immediately
notify
the
department
of
public
34
safety,
the
department
of
homeland
security
and
emergency
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management
division
of
the
department
of
public
defense
,
and
1
other
appropriate
federal,
state,
and
local
agencies
and
2
officials.
3
Sec.
47.
Section
163.3A,
subsection
2,
Code
2013,
is
amended
4
to
read
as
follows:
5
2.
The
services
shall
be
performed
under
the
direction
of
6
the
department
and
may
be
part
of
measures
authorized
by
the
7
governor
under
a
declaration
or
proclamation
issued
pursuant
to
8
chapter
29C
.
In
such
case,
the
department
shall
cooperate
with
9
the
Iowa
department
of
public
health
under
chapter
135
,
and
the
10
department
of
public
defense,
homeland
security
and
emergency
11
management
division
,
and
local
emergency
management
agencies
as
12
provided
in
chapter
29C
.
13
Sec.
48.
Section
163.51,
subsection
2,
paragraph
b,
Code
14
2013,
is
amended
to
read
as
follows:
15
b.
If
the
department
confirms
an
outbreak
of
foot
and
16
mouth
disease
in
this
state,
the
department
shall
cooperate
17
with
the
governor;
federal
agencies,
including
the
United
18
States
department
of
agriculture;
and
state
agencies,
including
19
the
department
of
homeland
security
and
emergency
management
20
division
of
the
department
of
public
defense
,
in
order
to
21
provide
the
public
with
timely
and
accurate
information
22
regarding
the
outbreak.
The
department
shall
cooperate
with
23
organizations
representing
agricultural
producers
in
order
to
24
provide
all
necessary
information
to
agricultural
producers
25
required
to
control
the
outbreak.
26
Sec.
49.
Section
305.8,
subsection
1,
paragraph
b,
Code
27
2013,
is
amended
to
read
as
follows:
28
b.
In
consultation
with
the
department
of
homeland
security
29
and
emergency
management
division
of
the
department
of
public
30
defense
,
establish
policies,
standards,
and
guidelines
for
31
the
identification,
protection,
and
preservation
of
records
32
essential
for
the
continuity
or
reestablishment
of
governmental
33
functions
in
the
event
of
an
emergency
arising
from
a
natural
34
or
other
disaster.
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Sec.
50.
Section
418.1,
subsection
3,
Code
2013,
is
amended
1
to
read
as
follows:
2
3.
“Division”
“Department”
means
the
department
of
homeland
3
security
and
emergency
management
division
of
the
department
4
of
public
defense
.
5
Sec.
51.
Section
418.5,
subsection
1,
Code
2013,
is
amended
6
to
read
as
follows:
7
1.
The
flood
mitigation
board
is
established
consisting
of
8
nine
voting
members
and
four
ex
officio,
nonvoting
members,
and
9
is
located
for
administrative
purposes
within
the
division.
10
The
administrator
director
of
the
division
department
shall
11
provide
office
space,
staff
assistance,
and
necessary
supplies
12
and
equipment
for
the
board.
The
administrator
director
shall
13
budget
funds
to
pay
the
necessary
expenses
of
the
board.
In
14
performing
its
functions,
the
board
is
performing
a
public
15
function
on
behalf
of
the
state
and
is
a
public
instrumentality
16
of
the
state.
17
Sec.
52.
Section
418.5,
subsection
2,
paragraph
e,
Code
18
2013,
is
amended
to
read
as
follows:
19
e.
The
administrator
director
of
the
division
department
or
20
the
administrator’s
director’s
designee.
21
Sec.
53.
Section
418.7,
Code
2013,
is
amended
to
read
as
22
follows:
23
418.7
Division
Department
duties.
24
The
division
department
,
subject
to
approval
by
the
board,
25
shall
adopt
administrative
rules
pursuant
to
chapter
17A
26
necessary
to
administer
the
flood
mitigation
program.
The
27
division
department
shall
provide
the
board
with
assistance
in
28
implementing
administrative
functions
and
providing
technical
29
assistance
and
application
assistance
to
applicants
under
the
30
program.
31
Sec.
54.
Section
418.8,
subsection
1,
Code
2013,
is
amended
32
to
read
as
follows:
33
1.
The
board
shall
establish
and
the
division
department
,
34
subject
to
direction
and
approval
by
the
board,
shall
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administer
a
flood
mitigation
program
to
assist
governmental
1
entities
in
undertaking
projects
approved
under
this
chapter
.
2
The
flood
mitigation
program
shall
include
projects
approved
3
by
the
board
to
utilize
either
financial
assistance
from
4
the
flood
mitigation
fund
created
under
section
418.10
or
5
sales
tax
revenues
remitted
to
the
governmental
entity
under
6
section
418.12
.
A
governmental
entity
shall
not
be
approved
7
by
the
board
to
utilize
both
financial
assistance
from
the
8
flood
mitigation
fund
and
sales
tax
revenues
remitted
to
the
9
governmental
entity.
10
Sec.
55.
Section
418.9,
subsections
4
and
7,
Code
2013,
are
11
amended
to
read
as
follows:
12
4.
Upon
review
of
the
applications,
the
board,
following
13
consultation
with
the
economic
development
authority,
shall
14
approve,
defer,
or
deny
the
applications.
If
a
project
plan
15
is
denied,
the
board
shall
state
the
reasons
for
the
denial
16
and
the
governmental
entity
may
resubmit
the
application
so
17
long
as
the
application
is
filed
on
or
before
January
1,
2016.
18
If
a
project
plan
application
is
approved,
the
board
shall
19
specify
whether
the
governmental
entity
is
approved
for
the
20
use
of
sales
tax
revenues
under
section
418.12
or
whether
the
21
governmental
entity
is
approved
to
receive
financial
assistance
22
from
the
flood
mitigation
fund
under
section
418.10
.
If
23
the
board
approves
a
project
plan
application
that
includes
24
financial
assistance
from
the
flood
mitigation
fund,
the
25
board
shall
negotiate
and
execute
on
behalf
of
the
division
26
department
all
necessary
agreements
to
provide
such
financial
27
assistance.
If
the
board
approves
a
project
plan
application
28
that
includes
the
use
of
sales
tax
increment
revenues,
the
29
board
shall
establish
the
annual
maximum
amount
of
such
30
revenues
that
may
be
remitted
to
the
governmental
entity
31
not
to
exceed
the
limitations
in
section
418.12,
subsection
32
4
.
The
board
may,
however,
establish
remittance
limitations
33
for
the
project
lower
than
the
individual
project
remittance
34
limitations
specified
for
projects
under
section
418.12,
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subsection
4
.
1
7.
Upon
approval
of
an
application
for
financial
assistance
2
under
the
program,
the
board
shall
notify
the
treasurer
of
3
state
regarding
the
amount
of
moneys
needed
to
satisfy
the
4
award
of
financial
assistance
and
the
terms
of
the
award.
5
The
treasurer
of
state
shall
notify
the
division
department
6
any
time
moneys
are
disbursed
to
a
recipient
of
financial
7
assistance
under
the
program.
8
Sec.
56.
Section
455B.266,
subsection
1,
paragraph
d,
Code
9
2013,
is
amended
to
read
as
follows:
10
d.
Determination
by
the
department
in
conjunction
with
11
the
department
of
homeland
security
and
emergency
management
12
division
of
the
department
of
public
defense
of
a
local
crisis
13
which
affects
availability
of
water.
14
Sec.
57.
Section
455B.385,
Code
2013,
is
amended
to
read
as
15
follows:
16
455B.385
State
hazardous
condition
contingency
plan.
17
All
public
agencies,
as
defined
in
chapter
28E
,
shall
18
cooperate
in
the
development
and
implementation
of
a
state
19
hazardous
condition
contingency
plan.
The
plan
shall
detail
20
the
manner
in
which
public
agencies
shall
participate
in
the
21
response
to
a
hazardous
condition.
The
director
may
enter
22
into
agreements,
with
approval
of
the
commission,
with
any
23
state
agency
or
unit
of
local
government
or
with
the
federal
24
government,
as
necessary
to
develop
and
implement
the
plan.
25
The
plan
shall
be
coordinated
with
the
department
of
homeland
26
security
and
emergency
management
division
of
the
department
27
of
public
defense
and
any
joint
emergency
management
agencies
28
established
pursuant
to
chapter
29C
.
29
Sec.
58.
Section
466B.3,
subsection
4,
paragraph
d,
Code
30
2013,
is
amended
to
read
as
follows:
31
d.
The
administrator
director
of
the
department
of
homeland
32
security
and
emergency
management
division
of
the
department
of
33
public
defense
or
the
administrator’s
director’s
designee.
34
Sec.
59.
REPEAL.
Sections
29.2,
29.3,
and
29C.7,
Code
2013,
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289
are
repealed.
1
Sec.
60.
TRANSITION
PROVISIONS.
2
1.
Any
rule,
regulation,
form,
order,
or
directive
3
promulgated
by
the
division
of
homeland
security
and
4
emergency
management
of
the
department
of
public
defense
shall
5
continue
in
full
force
and
effect
until
amended,
repealed,
6
or
supplemented
by
affirmative
action
of
the
department
of
7
homeland
security
and
emergency
management
as
established
in
8
this
Act.
9
2.
All
employees
of
the
division
of
homeland
security
and
10
emergency
management
of
the
department
of
public
defense
shall
11
be
considered
employees
of
the
department
of
homeland
security
12
and
emergency
management
upon
the
elimination
of
the
former
and
13
creation
of
the
latter
as
provided
in
this
Act.
14
EXPLANATION
15
Currently,
the
department
of
public
defense
is
composed
16
of
the
military
division
and
the
homeland
security
and
17
emergency
management
division.
This
bill
transfers
the
18
homeland
security
and
emergency
management
division
of
the
19
department
of
public
defense
into
a
new
department
of
homeland
20
security
and
emergency
management.
The
bill
retains
within
the
21
department
of
public
defense
responsibility
over
the
office
of
22
the
adjutant
general
and
the
military
forces
of
the
state
of
23
Iowa.
The
bill
provides
that
the
governor
appoint
the
director
24
of
the
new
department.
Current
duties
and
responsibilities
25
of
the
homeland
security
and
emergency
management
division
26
are
transferred
to
the
new
department
of
homeland
security
27
and
emergency
management.
In
addition,
the
bill
transfers
28
the
attachment
of
the
Iowa
emergency
response
commission
29
for
routine
administrative
support
from
the
department
of
30
public
defense
to
the
new
department
of
homeland
security
and
31
emergency
management.
32
The
bill
also
includes
transition
provisions
relative
to
33
the
establishment
of
the
department
of
homeland
security
34
and
emergency
management.
The
bill
provides
that
any
rule,
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289
regulation,
form,
order,
or
directive
promulgated
by
the
1
division
of
homeland
security
and
emergency
management
of
the
2
department
of
public
defense
shall
continue
unless
modified
or
3
otherwise
changed
by
the
new
department.
The
bill
provides
4
that
employees
of
the
division
of
homeland
security
and
5
emergency
management
of
the
department
shall
be
considered
6
employees
of
the
department
of
homeland
security
and
emergency
7
management.
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