PROCLAMATION OF DISASTER EMERGENCY

 

 

WHEREAS, on September 19, 2018, and continuing thereafter, a severe storm system affected the state of Iowa; and


WHEREAS, this storm system caused severe weather, including damaging winds, heavy rains, thunderstorms, flash flooding and flooding resulting in significant damage to public and private property; and


WHEREAS, Cherokee, Clay, Dickinson, Emmet, Franklin, Hancock, Humboldt, Kossuth, O’Brien, Palo Alto, Sioux, Winnebago, Worth and Wright counties suffered significant damage from this event; and


WHEREAS, reports forwarded to the Iowa Department of Homeland Security and Emergency Management by the emergency management coordinators in the affected counties indicate that state individual assistance pursuant to Iowa Code § 29C.20A and 441 Iowa Admin. Code 58.2 (1) is needed to assist certain individuals and families adversely affected by the disaster who cannot be helped by other means of financial assistance and for whom federal assistance under the Stafford Act is either not available or does not adequately meet the needs of the citizens in the disaster area; and


WHEREAS, these conditions threaten the public peace, health, and safety of citizens of the State of Iowa and have damaged and destroyed public and private property. Because of this, they provide legal justification for the issuance of a Proclamation of a State of Disaster Emergency pursuant to Iowa Code § 29C.6 (1).


NOW, THEREFORE, I, KIMBERLY K. REYNOLDS, Governor of the State of Iowa, by the power and authority vested in me by the Iowa Constitution Art. IV, §§ 1, 8 and Iowa Code § 29C.6 (1), and all other applicable laws, do hereby proclaim a STATE OF DISASTER EMERGENCY for Cherokee, Clay, Dickinson, Emmet, Franklin, Hancock, Humboldt, Kossuth, O’Brien, Palo Alto, Sioux, Winnebago, Worth and Wright counties and do hereby ORDER and DIRECT the following:


SECTION ONE. As required by Iowa Code § 29C.6 (1), (10) and 42 U.S.C. § 5170 in cases of Presidential Disaster Declarations, this Proclamation of Disaster Emergency activates the disaster response and recovery aspects of the Iowa Department of Homeland Security and Emergency Management’s Iowa Emergency Response Plan and those additional response plans applicable to the counties affected by this disaster and authorizes the use and deployment of all available state resources, supplies, equipment, and materials as are reasonably necessary to assist those citizens located in the disaster counties.


SECTION TWO. I temporarily suspend the regulatory provisions of 11 Iowa Admin. Code § 53.11 (3) prohibiting pay to those State of Iowa employees for hours worked in excess of 40 hours per workweek while present in the State’s Emergency Operation Center or otherwise engaged in assigned disaster response missions or other activities.


SECTION THREE. I temporarily suspend the regulatory provisions of Iowa Code Chapter 8A, Iowa Code § 313.10, 11 Iowa Admin. Code Chapters 117 and 118, and 641 Iowa Admin. Code Chapter 176, requiring the Department of Homeland Security and Emergency Management, the Iowa Department of Transportation, the Iowa Department of Public Safety, the Iowa Department of Natural Resources, the Iowa Department of Public Health, and other state agencies involved in the response to this disaster emergency to procure goods and services through a competitive selection process. Suspension of these provisions is limited to the duration of this proclamation and is further limited to procurements which are necessary to respond to this disaster emergency. Iowa Code § 29C.6 (6).


SECTION FOUR. I authorize the Iowa Department of Human Services under the terms and conditions as allowed by Iowa law to render individual disaster assistance to eligible residents of Cherokee, Clay, Dickinson, Emmet, Franklin, Hancock, Humboldt, Kossuth, O’Brien, Palo Alto, Sioux, Winnebago, Worth and Wright counties. Iowa Code § 29C.20A and 441 Iowa Admin. Code 58.2 (1).


SECTION FIVE. This state of disaster emergency shall be effective on September 21, 2018, shall continue for thirty (30) days, and shall expire on October 21, 2018, unless sooner terminated or extended in writing by me. Iowa Code § 29C.6 (1).

 

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the State of Iowa to be affixed. Done at Des Moines, Iowa, this twenty-first day of September in the year of our Lord, Two Thousand Eighteen.


__________________________________
KIMBERLY K. REYNOLDS
GOVERNOR OF IOWA

 

ATTEST:
_________________________________
PAUL D. PATE
SECRETARY OF STATE

 

 

Click here to access the PDF version of the Sept. 21, 2018, proclamation.