29C.8 - POWERS AND DUTIES OF ADMINISTRATOR.
29C.8 POWERS AND DUTIES OF ADMINISTRATOR.
1. The homeland security and emergency management division shall
be under the management of an administrator appointed by the
governor.
2. The administrator shall be vested with the authority to
administer emergency management and homeland security affairs in this
state and shall be responsible for preparing and executing the
emergency management and homeland security programs of this state
subject to the direction of the adjutant general.
3. The administrator, upon the direction of the governor and
supervisory control of the director of the department of public
defense, shall:
a. Prepare a comprehensive plan and emergency management
program for homeland security, disaster preparedness, response,
recovery, mitigation, emergency operation, and emergency resource
management of this state. The plan and program shall be integrated
into and coordinated with the homeland security and emergency plans
of the federal government and of other states to the fullest possible
extent and coordinate the preparation of plans and programs for
emergency management of the political subdivisions and various state
departments of this state. The plans shall be integrated into and
coordinated with a comprehensive state homeland security and
emergency program for this state as coordinated by the administrator
of the homeland security and emergency management division to the
fullest possible extent.
b. Make such studies and surveys of the industries,
resources, and facilities in this state as may be necessary to
ascertain the vulnerabilities of critical state infrastructure and
assets to attack and the capabilities of the state for disaster
recovery, disaster planning and operations, and emergency resource
management, and to plan for the most efficient emergency use thereof.
c. Provide technical assistance to any local emergency
commission or joint commission requiring the assistance in the
development of an emergency management or homeland security program.
d. Implement planning and training for emergency response
teams as mandated by the federal government under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 as
amended by the Superfund Amendments and Reauthorization Act of 1986,
42 U.S.C. § 9601 et seq.
e. Prepare a critical asset protection plan that contains an
inventory of infrastructure, facilities, systems, other critical
assets, and symbolic landmarks; an assessment of the criticality,
vulnerability, and level of threat to the assets; and information
pertaining to the mobilization, deployment, and tactical operations
involved in responding to or protecting the assets.
f. Approve and support the development and ongoing operations
of homeland security and emergency response teams to be deployed as a
resource to supplement and enhance disrupted or overburdened local
emergency and disaster operations and deployed as available to
provide assistance to other states pursuant to the interstate
emergency management assistance compact described in section 29C.21.
The following shall apply to homeland security and emergency response
teams:
(1) A member of a homeland security and emergency response team
acting under this section upon the directive of the administrator or
pursuant to a governor's disaster proclamation as provided in section
29C.6 shall be considered an employee of the state for purposes of
section 29C.21 and chapter 669 and shall be afforded protection as an
employee of the state under section 669.21. Disability, workers'
compensation, and death benefits for team members working under the
authority of the administrator or pursuant to the provisions of
section 29C.6 shall be paid by the state in a manner consistent with
the provisions of chapter 85, 410, or 411 as appropriate, depending
on the status of the member, provided that the member is registered
with the homeland security and emergency management division as a
member of an approved team and is participating as a team member in a
response or recovery operation initiated by the administrator or
governor pursuant to this section or in a training or exercise
activity approved by the administrator.
(2) Each approved homeland security and emergency management
response team shall establish standards for team membership, shall
provide the division with a listing of all team members, and shall
update the list each time a member is removed from or added to the
team. Individuals so identified as team members shall be considered
to be registered as team members for purposes of subparagraph (1).
(3) Upon notification of a compensable loss to a member of a
homeland security and emergency management response team, the
department of administrative services shall process the claim and
seek funding from the executive council for those costs associated
with covered benefits.
g. Implement and support the national incident management
system as established by the United States department of homeland
security to be used by state agencies and local and tribal
governments to facilitate efficient and effective assistance to those
affected by emergencies and disasters.
4. The administrator, with the approval of the governor and upon
recommendation of the adjutant general, may employ a deputy
administrator and such technical, clerical, stenographic, and other
personnel and make such expenditures within the appropriation or from
other funds made available to the department of public defense for
purposes of emergency management, as may be necessary to administer
this chapter.
5. The homeland security and emergency management division may
charge fees for the repair, calibration, or maintenance of
radiological detection equipment and may expend funds in addition to
funds budgeted for the servicing of the radiological detection
equipment. The division shall adopt rules pursuant to chapter 17A
providing for the establishment and collection of fees for
radiological detection equipment repair, calibration, or maintenance
services and for entering into agreements with other public and
private entities to provide the services. Fees collected for repair,
calibration, or maintenance services shall be treated as repayment
receipts as defined in section 8.2 and shall be used for the
operation of the division's radiological maintenance facility or
radiation incident response training. Section History: Early Form
[C62, § 28A.4, 28A.5; C66, 71, 73, 75, § 29C.4, 29C.5; C77, 79,
81, § 29C.8] Section History: Recent Form
88 Acts, ch 1190, § 1; 92 Acts, ch 1139, § 6--8; 99 Acts, ch 86,
§2; 2001 Acts, 2nd Ex, ch 1, §23, 24, 28; 2002 Acts, ch 1117, §54,
56; 2003 Acts, ch 179, §104, 157; 2005 Acts, ch 119, §5; 2006 Acts,
ch 1185, §62
Referred to in § 22.7, 29C.20, 135.141