Senate
File
2192
-
Introduced
SENATE
FILE
2192
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
3029)
A
BILL
FOR
An
Act
concerning
state
agency
response
to
a
proclamation
of
1
disaster
emergency.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5247SV
(2)
89
ec/rn
S.F.
2192
Section
1.
Section
29C.6,
subsection
4,
Code
2022,
is
1
amended
to
read
as
follows:
2
4.
When
a
disaster
emergency
is
proclaimed,
notwithstanding
3
any
other
provision
of
law,
through
the
use
of
state
agencies
4
or
the
use
of
any
of
the
political
subdivisions
of
the
state,
5
clear
or
remove
from
publicly
or
privately
owned
land
or
water,
6
debris
and
wreckage
which
may
threaten
public
health
or
safety
7
or
public
or
private
property.
The
governor
may
accept
funds
8
from
the
federal
government
and
utilize
such
funds
to
make
9
grants
to
any
local
government
for
the
purpose
of
removing
10
debris
or
wreckage
from
publicly
or
privately
owned
land
or
11
water.
Authority
shall
not
be
exercised
by
the
governor
unless
12
the
affected
local
government,
corporation,
organization
or
13
individual
shall
first
present
an
additional
authorization
for
14
removal
of
such
debris
or
wreckage
from
public
and
private
15
property
and,
in
the
case
of
removal
of
debris
or
wreckage
16
from
private
property,
such
corporation,
organization
or
17
individual
shall
first
agree
to
hold
harmless
the
state
or
18
local
government
against
any
claim
arising
from
such
removal.
19
The
state
and
any
of
its
officers
or
employees
who
are
engaged
20
in
the
removal
of
debris
or
wreckage
on
public
property
shall
21
not
be
liable
to
the
affected
local
government
on
account
22
of
any
act
or
omission
in
good
faith
while
so
engaged
or
on
23
account
of
the
maintenance
or
use
of
any
equipment
or
supplies
24
in
connection
with
the
removal
of
debris
or
wreckage.
For
25
purposes
of
this
subsection,
“good
faith”
shall
not
include
26
willful
misconduct,
gross
negligence,
or
recklessness.
When
27
the
governor
provides
for
clearance
of
debris
or
wreckage,
28
employees
of
the
designated
state
agencies
or
individuals
29
appointed
by
the
state
may
enter
upon
private
land
or
waters
30
and
perform
any
tasks
necessary
to
the
removal
or
clearance
31
operation.
Any
state
employee
or
agent
complying
with
orders
32
of
the
governor
and
performing
duties
pursuant
to
such
orders
33
under
this
chapter
shall
be
considered
to
be
acting
within
the
34
scope
of
employment
within
the
meaning
specified
in
chapter
35
-1-
LSB
5247SV
(2)
89
ec/rn
1/
2
S.F.
2192
669
.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
concerns
actions
by
the
state,
and
its
officers,
5
employees,
or
agents,
in
response
to
a
disaster
emergency
6
proclamation.
7
Code
section
29C.6,
subsection
4,
concerning
the
removal
of
8
debris
and
wreckage
when
a
disaster
emergency
is
proclaimed,
9
is
amended.
The
bill
provides
that
the
state
and
any
of
its
10
officers
or
employees
who
are
engaged
in
the
removal
of
debris
11
or
wreckage
on
public
property
shall
not
be
liable
to
the
12
affected
local
government
on
account
of
any
act
or
omission
13
taken
in
good
faith
in
connection
with
the
removal
of
debris
14
or
wreckage.
15
-2-
LSB
5247SV
(2)
89
ec/rn
2/
2