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2021 Op. Iowa Att'y Gen. [i] (2021)

handle is hein.sag/sagia2021 and id is 1 raw text is: Office of the Attorney General January 1, 2022 Office of the Attorney General State of Iowa *,Opinion No. 21-5-2 *1 May 28, 2021 *1 COUNTIES - EMERGENCY MANAGEMENT: Iowa Code section 29C.9(4) (2021); Op. Iowa Att'y Gen. #00-9-2(L). Local Emergency Management Commissions, created under Iowa Code chapter 29C.9 in each Iowa County, are not city or county agencies, but are a separate municipality distinct from its county and city member constituents. (Bennett to Thorup 5-28-21) *1 COUNTIES - EMERGENCY MANAGEMENT: Iowa Code section 29C.17(2). *f Amendments made to Iowa Code section 29C.17(2) by 2012 Iowa Acts chapter 1071 (S.F. 413) repealed a provision under the prior statute requiring the county board of supervisors to approve use of a county wide special levy by the Local Emergency Management Commission to fund its operations. (Bennett to Thorup 5-28-21) *1 COUNTIES - EMERGENCY MANAGEMENT: Iowa Code section 29C.17(2) (2021); 605 Iowa Administrative Code 7.3(2). Iowa Code section 29C.17(2), as amended by 2012 Iowa Acts ch. 1071 (S.F. 413), clearly vests the Local Emergency Management Commissions with the sole power to determine the method to fund the Commission from the alternatives set out in that section. The Commission is required to adopt bylaws setting the methods that will be used to fund the Commission. 605 Iowa Administrative Code 7.3(2). (Bennett to Thorup 5-28-21) *1 Representative Jon Thorup *1 Iowa House of Representatives *1 Iowa Statehouse *1 Des Moines, Iowa 50319 Dear Representative Thorup: *1 Re: County Emergency Management Funding *1 You have requested an opinion of this office regarding the process applicable to determine funding for Local Emergency Management Commissions (hereinafter LEMCs) under Iowa Code chapter 29C and 605 Iowa Administrative Code chapter 7.3. You asked if Iowa Code section 29C.17(2) binds all LEMC member entities to fund the commission's approved budget at the level set by the local commission. You further asked if a county board of supervisors has discretion to alter the amount of funding approved by an LEMC as part of the county budget process when the LEMC has approved a county wide property tax special levy as a means to finance its approved budget. Our review of Iowa Code section 29C.17, as amended by legislation in 2012, and 605 Iowa Administrative Code 7.3(2)(f), finds that the cities and counties are required to fund the LEMC at the level and by the means set by the commission through its budget approval process provided by Iowa Code section 29C.17. The county board of supervisors must levy property taxes sufficient to fund the budget approved by the

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