General Assembly: 81 (2005 Regular GA) - Chapter 119 - State security and emergency management


Published: 2005-05-05

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318LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 118

which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code and whichhasas its sole purpose theprovisionofhealth care serviceswithout charge to individuals who are otherwise unable to pay for the services. b. c. “Health care provider” means a physician licensed under chapter 148, 150, or 150A,

or a chiropractor licensed under chapter 151, a physical therapist licensed pursuant to chapter 148A, an occupational therapist licensed pursuant to chapter 148B, a podiatrist licensed pur- suant to chapter 149, a physician assistant licensed and practicing under a supervising physi- cian pursuant to chapter 148C, a licensed practical nurse, a registered nurse, or an advanced registered nurse practitioner licensed pursuant to chapter 152 or 152E, a respiratory therapist licensed pursuant to chapter 152B, a dentist, dental hygienist, or dental assistant registered or licensed to practice under chapter 153, an optometrist licensed pursuant to chapter 154, a psychologist licensed pursuant to chapter 154B, a social worker licensed pursuant to chapter 154C, amental health counselor or amarital and family therapist licensed pursuant to chapter 154D, or a pharmacist licensed pursuant to chapter 155A, or an emergency medical care pro- vider certified pursuant to chapter 147A.

Sec. 6. EFFECTIVEDATE. This Act, being deemed of immediate importance, takes effect upon enactment.

Approved May 5, 2005

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CH. 119CH. 119

CHAPTER 119

STATE SECURITY AND EMERGENCY MANAGEMENT

H.F. 716

AN ACT relating to the military division and the homeland security and emergency manage- ment division of the department of public defense concerning the activation and use of the civil air patrol, the authority of the adjutant general to enter into interstate agreements for use of national guard personnel, and the use of the national incident management system for state emergencies.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 29A.1, Code 2005, is amended by adding the following new subsection: NEWSUBSECTION. 0A. “Civil air patrol” means the civilian auxiliary of the United States

air force established by the United States Congress in 36 U.S.C. § 40301 et seq., and 10 U.S.C. § 9441 et seq.

Sec. 2. NEW SECTION. 29A.3A CIVIL AIR PATROL. 1. The civil air patrol may be used to support national guard missions in support of civil au-

thorities as described in section 29C.5 or in support of noncombat national guardmissions un- der section 29A.8 or 29A.8A. 2. Requests for activation of the civil air patrol shall bemade to the commander of the Iowa

wing of the civil air patrol. Missions shall be in accordancewith laws and regulations applica- ble to theUnitedStates air force and the civil air patrol. Prior to activation of the civil air patrol, the adjutant general or the Iowa civil air patrol wing commander shall apply to the air force rescue coordination center, the air force national security emergency preparedness agency, or the civil air patrol national operations center for federal mission status and funding.

319 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 119

3. If an operation or mission of the civil air patrol is granted federal mission status and as- signed an accompanying federal mission number, the following shall apply: a. The operation or mission shall be funded by the federal government. b. When training or operating pursuant to a federal mission number, members of the civil

air patrol shall be considered federal employees for the purposes of tort claims arising from the performance of the mission or any actions incident to the performance of the mission. 4. If an operation or mission of the civil air patrol is not granted federal mission status and

is not assigned an accompanying federal mission number, the following shall apply: a. Operations and administration of the civil air patrol relating to missions not qualifying

for federal mission status shall be funded by the state frommoneys appropriated to the home- land security and emergency management division of the department of public defense for that purpose. b. When performing a mission that does not qualify for federal mission status, members of

the civil air patrol shall be considered state employees for purposes of the Iowa tort claimsAct, as provided in chapter 669, and for purposes ofworkers’ compensation, as provided in chapter 85.

Sec. 3. Section 29A.12, Code 2005, is amended to read as follows: 29A.12 POWERS AND DUTIES. 1. The adjutant general shall have command and control of the military division, and per-

formsuchduties as pertain to the office of the adjutant general under lawand regulations, pur- suant to the authority vested in the adjutant general by the governor. The adjutant general shall superintend the preparation of all letters and reports required by the United States from the state, and perform all the duties prescribed by law. The adjutant general shall have charge of the state military reservations, and all other property of the state kept or used for military purposes. The adjutant general shall cause an inventory to be taken at least once each year of allmilitary stores, property and fundsunder the adjutant general’s jurisdiction. In eachyear preceding a regular session of the general assembly the adjutant general shall prepare a de- tailed report of the transactions of that office, its expenses, and other matters required by the governor for the period since the last preceding report, and the governor may at any time re- quire a similar report. 2. The adjutant general may enter into an agreement with the secretary of defense to oper-

ate the water plant at Camp Dodge for the use and benefit of the United States, and the state of Iowa upon terms and conditions as approved by the governor. The adjutant general may also enter intoanagreementwith thenational guardof another state for theuseof Iowanation- al guard personnel and equipment. 3. The adjutant general may request activation of the civil air patrol to provide assistance

to the national guard in accordance with section 29A.3A. The adjutant general is authorized to provide suitable space in national guard facilities to support the civil air patrol.

Sec. 4. Section 29C.5, Code 2005, is amended to read as follows: 29C.5 HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION. Ahomeland security and emergencymanagement division is createdwithin the department

of public defense. The homeland security and emergency management division shall be re- sponsible for the administration of emergency planning matters, including emergency re- source planning in this state, cooperation with, and support of, funding for, and tasking of the civil air patrol for missions not qualifying for federal mission status as described in section 29A.3A in accordance with operational and funding criteria developed with the adjutant gen- eral and coordinated with the civil air patrol, homeland security activities, and coordination of available services in the event of a disaster.

Sec. 5. Section 29C.8, subsection 3, paragraph g, Code 2005, is amended to read as follows: g. Develop, implement, Implement and support a uniform the national incident command

management system as established by the United States department of homeland security to

320LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 119

be used by state agencies and local and tribal governments to facilitate efficient and effective assistance to thoseaffectedby emergencies anddisasters. This systemshall be consistentwith the requirements of theUnited States occupational safety and health administration and a na- tional incident management system.

Approved May 5, 2005

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CH. 120CH. 120

CHAPTER 120

MEDICAL ASSISTANCE ADVISORY COUNCIL

S.F. 272

AN ACT relating to the council with which the director of human services consults regarding the medical assistance program.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 217.3, subsection 4, Code 2005, is amended to read as follows: 4. Approve thebudget of thedepartment of humanservices prior to submission to thegover-

nor. Prior to approval of the budget, the council shall publicize and hold a public hearing to provide explanations and hear questions, opinions, and suggestions regarding the budget. In- vitations to the hearing shall be extended to the governor, the governor-elect, the director of the department of management, and other persons deemed by the council as integral to the budget process. The budget materials submitted to the governor shall include a review of op- tions for revising the medical assistance program made available by federal action or by ac- tions implementedbyother states as identifiedby thedepartment, themedical assistanceadvi- sory council and the executive committee of the medical assistance advisory council created in section 249A.4, subsection 8 249A.4B, and by county representatives. The review shall ad- dresswhat potential revisions could bemade in this state and how the changeswould be bene- ficial to Iowans.

Sec. 2. Section 249A.4, subsection 8, Code 2005, is amended by striking the subsection.

Sec. 3. NEW SECTION. 249A.4B MEDICAL ASSISTANCE ADVISORY COUNCIL. 1. A medical assistance advisory council is created to comply with 42 C.F.R. § 431.12 based

on section 1902(a)(4) of the federal Social Security Act and to advise the director about health and medical care services under the medical assistance program. The council shall meet no more than quarterly. The director of public health shall serve as chairperson of the council. 2. The council shall include all of the following members: a. The president, or the president’s representative, of each of the following professional or

business entities, or a member of each of the following professional or business entities, se- lected by the entity: (1) The Iowa medical society. (2) The Iowa osteopathic medical association. (3) The Iowa academy of family physicians. (4) The Iowa chapter of the American academy of pediatrics. (5) The Iowa physical therapy association. (6) The Iowa dental association. (7) The Iowa nurses association.