Senate Study Bill 3102 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT BILL) A BILL FOR An Act relating to emergency management assistance in a 1 disaster emergency concerning emergency personnel and mutual 2 aid arrangements and agreements. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5241DP (3) 85 ec/sc

S.F. _____ H.F. _____ Section 1. Section 29C.6, subsection 7, Code 2014, is 1 amended to read as follows: 2 7. On behalf of this state, enter into mutual aid 3 arrangements with other states , including mutual aid 4 arrangements with other states that extend the terms and 5 conditions set forth in the interstate emergency management 6 assistance compact described in section 29C.21 to situations in 7 which an emergency or disaster proclamation has not been made 8 by the governor of an affected state, and to coordinate mutual 9 aid plans between political subdivisions of this state. 10 Sec. 2. Section 29C.8, subsection 3, paragraph f, 11 subparagraph (1), Code 2014, is amended to read as follows: 12 (1) A member of a homeland security and emergency response 13 team acting under this section upon the directive of the 14 director or pursuant to a governor’s disaster emergency 15 proclamation as provided in section 29C.6 shall be considered 16 an employee of the state for purposes of section 29C.21 and 17 chapter 669 and shall be afforded protection as an employee 18 of the state under section 669.21 . Disability, workers’ 19 compensation, and death benefits for team members working under 20 the authority of the director or pursuant to the provisions of 21 section 29C.6 shall be paid by the state in a manner consistent 22 with the provisions of chapter 85 , 410 , or 411 as appropriate, 23 depending on the status of the member, provided that the member 24 is registered with the department as a member of an approved 25 team and is participating as a team member in a response or 26 recovery operation initiated by the director or governor 27 pursuant to this section or in a training or exercise activity 28 approved by the director. 29 Sec. 3. Section 29C.8, Code 2014, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 6. The director may, subject to the 32 approval of the department of management and department 33 of administrative services, establish permanent emergency 34 personnel positions that are directly related to the governor’s 35 -1- LSB 5241DP (3) 85 ec/sc 1/ 3

S.F. _____ H.F. _____ proclamation of a disaster emergency or to when the president 1 of the United States has declared a major disaster to exist 2 in this state. All such emergency personnel are exempt from 3 the merit system provisions of chapter 8A, subchapter IV, and 4 excluded from collective bargaining as provided in chapter 5 20. However, such emergency personnel shall be classified and 6 compensated in accordance with chapter 8A, subchapter IV. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill concerns the department of homeland security and 11 emergency management as it relates to disaster emergencies. 12 Code section 29C.6, concerning the proclamation of a 13 disaster emergency by the governor, is amended to provide 14 that the governor’s authority to enter into mutual aid 15 arrangements with other states may include arrangements that 16 extend the terms and conditions of the interstate emergency 17 management assistance compact to situations in which a disaster 18 proclamation of an affected state has not been made by that 19 state’s governor. 20 Code section 29C.8(3) is amended to provide that the 21 reference to the governor’s proclamation as provided in Code 22 section 29C.6 is for a disaster emergency. 23 Code section 29C.8, concerning the powers and duties of 24 the director of the department, is also amended to allow 25 the director, subject to the approval of the department of 26 management and administrative services, to establish permanent 27 emergency personnel positions in situations involving the 28 declaration of a major disaster by the President of the United 29 States or a proclamation of disaster emergency by the governor. 30 The bill provides that such personnel are exempt from the 31 merit system provisions of Code chapter 8A, subchapter IV, and 32 excluded from collective bargaining as provided in Code chapter 33 20. However, the bill provides that such emergency personnel 34 shall be classified and compensated in accordance with Code 35 -2- LSB 5241DP (3) 85 ec/sc 2/ 3

S.F. _____ H.F. _____ chapter 8A, subchapter IV. 1 -3- LSB 5241DP (3) 85 ec/sc 3/ 3