Senate
File
2210
-
Introduced
SENATE
FILE
2210
BY
DANIELSON
A
BILL
FOR
An
Act
relating
to
the
duties
of
political
subdivisions
to
1
provide
emergency
medical
service
and
including
effective
2
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
85.61,
subsection
2,
paragraph
a,
Code
1
2018,
is
amended
to
read
as
follows:
2
a.
A
person,
firm,
association,
or
corporation,
state,
3
county,
municipal
corporation,
school
corporation,
area
4
education
agency,
township
as
an
employer
of
volunteer
fire
5
fighters
and
emergency
medical
care
providers
only,
benefited
6
fire
district,
and
the
legal
representatives
of
a
deceased
7
employer.
8
Sec.
2.
Section
331.385,
subsections
1,
2,
3,
and
4,
Code
9
2018,
are
amended
to
read
as
follows:
10
1.
A
county
may,
by
resolution,
assume
the
exercise
of
11
the
powers
and
duties
of
township
trustees
relating
to
fire
12
protection
service
and
emergency
medical
service
for
any
13
township
located
in
the
unincorporated
area
of
the
county.
14
2.
The
board
of
supervisors
shall
publish
notice
of
the
15
proposed
resolution,
and
of
a
public
hearing
to
be
held
on
the
16
proposed
resolution,
in
a
newspaper
of
general
circulation
17
in
the
county
at
least
ten
days
but
no
more
than
twenty
days
18
before
the
date
of
the
public
hearing.
If,
after
notice
and
19
hearing,
the
resolution
is
adopted,
the
board
of
supervisors
20
shall
assume
the
exercise
of
the
powers
and
duties
of
township
21
trustees
relating
to
fire
protection
service
and
emergency
22
medical
service
as
set
forth
in
sections
359.42
through
359.45
.
23
3.
All
of
the
real
and
personal
township
property
used
to
24
provide
fire
protection
service
or
emergency
medical
service
25
shall
be
transferred
to
the
county.
The
county
shall
assume
26
all
of
the
outstanding
obligations
of
the
township
relating
27
to
fire
protection
service
or
emergency
medical
service
.
28
If
the
township
provides
fire
protection
outside
of
the
29
county’s
boundaries,
the
county
shall
continue
to
provide
fire
30
protection
to
this
area
for
at
least
ninety
days
after
adoption
31
of
the
resolution.
32
4.
Fire
protection
service
and
emergency
medical
service
33
shall
be
paid
from
the
emergency
services
fund
of
the
county
34
authorized
in
section
331.424C
.
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Sec.
3.
Section
331.385,
subsection
5,
paragraph
a,
Code
1
2018,
is
amended
to
read
as
follows:
2
a.
Notwithstanding
subsection
1
,
if
as
of
July
1,
2006
2019
,
3
a
township
has
in
force
an
agreement
entered
into
pursuant
to
4
chapter
28E
for
a
city
or
another
township
to
provide
fire
5
protection
service
or
fire
protection
service
and
emergency
6
medical
service
for
the
township,
or
if
a
township
is
otherwise
7
contracting
with
a
city
or
another
township
for
provision
to
8
the
township
of
fire
protection
service
or
fire
protection
9
service
and
emergency
medical
service
,
the
county
board
of
10
supervisors
shall,
for
the
fiscal
year
beginning
July
1,
2007
11
2019
,
and
subsequent
fiscal
years,
negotiate
for
and
enter
into
12
an
agreement
pursuant
to
chapter
28E
providing
for
continued
13
fire
protection
service
,
or
fire
protection
service
and
14
emergency
medical
service,
to
the
township,
and
shall
certify
15
taxes
for
levy
in
the
township,
pursuant
to
section
331.424C
,
16
in
amounts
sufficient
to
meet
the
financial
obligations
17
pertaining
to
the
agreement.
18
Sec.
4.
Section
331.424C,
Code
2018,
is
amended
by
striking
19
the
section
and
inserting
in
lieu
thereof
the
following:
20
331.424C
Emergency
services
fund
——
assumption
of
fire
21
protection
duties
——
emergency
medical
services
levy
——
22
anticipatory
bonds.
23
1.
Each
county
shall
establish
an
emergency
services
fund
24
for
the
deposit
of
taxes
levied
for
providing
emergency
medical
25
services
under
subsection
2
and
for
the
deposit
of
taxes
levied
26
by
the
county
if
the
county
is
providing
fire
protection
27
services
under
section
331.385,
subject
to
the
limitations
of
28
section
359.43.
The
county
has
the
authority
to
use
a
portion
29
of
the
taxes
levied
for
fire
protection
services
being
provided
30
under
section
331.385
for
the
purpose
of
accumulating
moneys
to
31
carry
out
the
purposes
of
section
359.43,
subsection
4.
32
2.
a.
For
fiscal
years
beginning
on
or
after
July
1,
33
2019,
the
board
shall
provide
emergency
medical
service
34
in
all
unincorporated
areas
of
the
county
except
for
those
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areas
within
a
benefited
emergency
medical
services
district
1
established
under
chapter
357F.
The
board
shall
create,
by
2
ordinance,
an
emergency
medical
services
commission
to
assume
3
jurisdiction
and
management
of
the
provision
of
emergency
4
medical
services
under
this
section.
5
(1)
An
emergency
medical
services
commission
shall
be
6
composed
of
the
sheriff
and
four
public
members
appointed
7
by
the
board.
The
commission
shall
provide
direction
and
8
management
for
the
delivery
of
the
emergency
medical
services
9
by
the
county.
10
(2)
The
emergency
medical
services
commission
shall
11
develop,
adopt,
and
submit
for
approval
of
the
board,
a
12
comprehensive
emergency
medical
service
plan
which
meets
13
the
requirements
of
chapter
147A
and
rules
adopted
by
the
14
department
of
public
health
for
the
provision
of
emergency
15
medical
services.
16
b.
Using
taxes
levied
under
this
subsection
and
other
funds
17
of
the
county
authorized
by
law
for
use
in
providing
emergency
18
medical
services,
the
board
or
emergency
medical
services
19
commission,
as
applicable,
may
employ
emergency
medical
care
20
providers
and
other
staff,
including
the
cost
of
salaries,
21
benefits,
and
other
personnel
costs,
for
the
provision
of
22
emergency
medical
services,
and
may
purchase,
own,
rent,
or
23
maintain
emergency
medical
service
apparatus
or
equipment
and
24
provide
housing
for
the
apparatus
and
equipment.
25
c.
(1)
In
addition
to
other
funds
of
the
county
authorized
26
by
law
for
use
in
providing
emergency
medical
services,
the
27
board
may
levy
an
annual
tax
not
exceeding
forty
and
one-half
28
cents
per
thousand
dollars
of
assessed
value
of
the
taxable
29
property
in
the
county,
excluding
property
within
a
benefited
30
emergency
medical
services
district
established
under
chapter
31
357F
or
within
the
corporate
limits
of
a
city,
for
the
purpose
32
of
providing
emergency
medical
services
under
this
section.
33
However,
if
the
county
has
a
population
of
three
hundred
34
thousand
or
more,
the
county
may
levy
an
annual
tax
not
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exceeding
sixty-seven
and
one-half
cents
per
thousand
dollars
1
of
assessed
value.
2
(2)
If
the
levy
authorized
under
subparagraph
(1)
is
3
insufficient
to
provide
the
emergency
medical
services
required
4
under
this
section,
the
board
may
levy
an
additional
annual
5
tax
not
exceeding
twenty
and
one-fourth
cents
per
thousand
6
dollars
of
assessed
value
of
the
taxable
property,
excluding
7
property
within
a
benefited
emergency
medical
services
district
8
established
under
chapter
357F
or
within
the
corporate
limits
9
of
a
city.
10
(3)
Of
the
levies
authorized
under
subparagraphs
(1)
and
11
(2),
the
board
may
credit
to
a
reserve
account
annually
an
12
amount
not
to
exceed
thirty
cents
per
thousand
dollars
of
the
13
assessed
value
of
the
taxable
property
that
is
subject
to
the
14
tax
for
the
purchase
or
replacement
of
supplies
and
equipment
15
required
to
carry
out
the
provision
of
emergency
medical
16
services
under
this
section.
Notwithstanding
section
12C.7,
17
interest
earned
on
moneys
credited
to
the
reserve
account
shall
18
be
credited
to
the
reserve
account.
19
(4)
Counties
may
anticipate
the
collection
of
taxes
20
authorized
by
this
subsection
and
for
such
purposes
may
issue
21
bonds
under
sections
331.441
to
331.449
relating
to
essential
22
county
purpose
bonds
except
that
the
bonds
are
payable
only
23
from
tax
levies
on
property
subject
to
the
levy
under
this
24
subsection.
25
(5)
The
board
may
divide
the
unincorporated
area
of
26
the
county
into
tax
districts
for
the
purpose
of
providing
27
emergency
medical
services
and
may
levy
a
different
tax
rate
in
28
each
district,
but
the
tax
levied
in
a
tax
district
shall
not
29
exceed
the
tax
levy
limitations
established
in
this
subsection.
30
Sec.
5.
Section
357J.17,
Code
2018,
is
amended
to
read
as
31
follows:
32
357J.17
Transition
——
township
tax
discontinued.
33
When
the
boundary
lines
of
the
district
include
all
or
a
34
portion
of
a
township
and
the
district
has
certified
a
tax
35
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levy
within
the
township
for
the
purpose
of
fire
protection
1
service
and
emergency
medical
service
,
the
township
trustees
2
shall
no
longer
levy
the
tax
provided
by
section
359.43
in
that
3
portion
of
the
township
provided
services
by
the
district.
4
Any
indebtedness
incurred
for
the
purposes
of
sections
359.42
5
through
359.45
for
a
service
now
provided
by
the
district
6
shall
be
assumed
by
the
district.
Such
township
shall
not
7
be
responsible
for
providing
fire
protection
service
and
8
emergency
medical
service
as
provided
in
section
359.42
for
the
9
portion
of
the
township
within
the
district,
and
shall
have
10
no
liability
for
the
method,
manner,
or
means
by
which
the
11
district
provides
the
fire
protection
service
and
emergency
12
medical
service
.
13
Sec.
6.
Section
359.17,
subsection
2,
Code
2018,
is
amended
14
to
read
as
follows:
15
2.
A
board
of
township
trustees
shall
give
prior
notice
of
16
a
meeting
to
discuss,
deliberate,
or
act
upon
a
matter
relating
17
to
the
budget
or
a
tax
levy
of
the
township
or
relating
to
18
the
trustees’
duty
to
provide
fire
protection
service
and,
19
if
provided,
emergency
medical
service,
pursuant
to
section
20
359.42
.
The
trustees
shall
give
notice
of
such
meeting
at
21
least
twenty-four
hours
preceding
the
commencement
of
the
22
meeting.
The
notice
shall
state
the
time,
date,
and
place
23
of
the
meeting
and
the
proposed
agenda.
The
notice
shall
be
24
provided
to
the
county
auditor
who
shall
post
the
notice
in
an
25
area
of
the
courthouse
where
notices
to
the
public
are
commonly
26
posted.
27
Sec.
7.
Section
359.42,
Code
2018,
is
amended
to
read
as
28
follows:
29
359.42
Township
fire
protection
service
,
and
emergency
30
warning
system
,
and
emergency
medical
service
.
31
Except
as
otherwise
provided
in
section
331.385
,
the
32
trustees
of
each
township
shall
provide
fire
protection
service
33
for
the
township,
exclusive
of
any
part
of
the
township
within
34
a
benefited
fire
district
and
may
provide
emergency
medical
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service
.
The
trustees
may
purchase,
own,
rent,
or
maintain
1
fire
protection
service
or
emergency
medical
service
apparatus
2
or
equipment
or
both
kinds
of
apparatus
or
equipment
and
3
provide
housing
for
the
apparatus
or
equipment.
The
trustees
4
of
a
township
which
is
located
within
a
county
having
a
5
population
of
three
hundred
thousand
or
more
may
also
establish
6
and
maintain
an
emergency
warning
system
within
the
township.
7
The
trustees
may
contract
with
a
public
or
private
agency
under
8
chapter
28E
for
the
purpose
of
providing
any
service
or
system
9
required
or
authorized
under
this
section
.
10
Sec.
8.
Section
359.43,
subsections
1,
2,
3,
and
4,
Code
11
2018,
are
amended
to
read
as
follows:
12
1.
The
township
trustees
may
levy
an
annual
tax
not
13
exceeding
forty
and
one-half
cents
per
thousand
dollars
14
of
assessed
value
of
the
taxable
property
in
the
township,
15
excluding
property
within
a
benefited
fire
district
or
within
16
the
corporate
limits
of
a
city,
for
the
purpose
of
exercising
17
the
powers
and
duties
specified
in
section
359.42
.
However,
18
in
a
township
having
a
fire
protection
service
or
emergency
19
medical
service
agreement
or
both
service
agreements
with
20
a
special
charter
city
having
a
paid
fire
department,
the
21
township
trustees
may
levy
an
annual
tax
not
exceeding
22
fifty-four
cents
per
thousand
dollars
of
the
assessed
value
of
23
the
taxable
property
for
the
services
and
system
authorized
24
or
required
under
section
359.42
and
in
a
township
which
is
25
located
within
a
county
having
a
population
of
three
hundred
26
thousand
or
more,
the
township
trustees
may
levy
an
annual
27
tax
not
exceeding
sixty-seven
and
one-half
cents
per
thousand
28
dollars
of
assessed
value
of
taxable
property
for
the
services
29
and
system
authorized
or
required
under
section
359.42
.
30
2.
If
the
levy
authorized
under
subsection
1
is
insufficient
31
to
provide
the
services
and
system
authorized
or
required
under
32
section
359.42
,
the
township
trustees
may
levy
an
additional
33
annual
tax
not
exceeding
twenty
and
one-fourth
cents
per
34
thousand
dollars
of
assessed
value
of
the
taxable
property
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in
the
township,
excluding
any
property
within
the
corporate
1
limits
of
a
city,
to
provide
the
services
or
system
.
2
3.
The
township
trustees
may
divide
the
township
into
tax
3
districts
for
the
purpose
of
providing
the
services
and
system
4
authorized
or
required
under
section
359.42
and
may
levy
a
5
different
tax
rate
in
each
district,
but
the
tax
levied
in
a
6
tax
district
for
the
authorized
system
or
required
services
7
shall
not
exceed
the
tax
levy
limitations
for
that
township
as
8
provided
in
this
section
.
9
4.
Of
the
levies
authorized
under
subsections
1
and
2
,
the
10
township
trustees
may
credit
to
a
reserve
account
annually
11
an
amount
not
to
exceed
thirty
cents
per
thousand
dollars
of
12
the
assessed
value
of
the
taxable
property
in
the
township
for
13
the
purchase
or
replacement
of
supplies
and
equipment
required
14
to
carry
out
the
services
and
system
specified
under
section
15
359.42
.
Notwithstanding
section
12C.7
,
interest
earned
on
16
moneys
credited
to
the
reserve
account
shall
be
credited
to
the
17
reserve
account.
18
Sec.
9.
Section
359.49,
subsection
2,
Code
2018,
is
amended
19
to
read
as
follows:
20
2.
By
January
15
of
each
year,
each
township
fire
department
21
in
the
township
shall
provide
to
the
board
of
trustees
a
22
proposed
budget
showing
all
revenues
and
all
expenses
for
23
emergency
fire
protection
services
for
the
next
fiscal
year.
24
By
January
15
of
each
year,
each
township
fire
department,
25
and
each
municipal
fire
department
providing
emergency
fire
26
protection
services
to
a
township,
shall
submit
to
the
board
of
27
trustees
a
report
detailing
emergency
fire
protection
services
28
calls
for
the
prior
calendar
year
for
the
fire
district
and
a
29
copy
of
the
fire
report
filed
by
the
fire
department
with
the
30
state
fire
marshal’s
office.
For
purposes
of
this
subsection
,
31
“municipal”
means
relating
to
a
city,
county,
township,
32
benefited
fire
district,
or
chapter
28E
agency
authorized
by
33
law
to
provide
emergency
services.
34
Sec.
10.
Section
359.49,
subsection
8,
paragraph
a,
Code
35
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2018,
is
amended
to
read
as
follows:
1
a.
A
township
that
has
entered
into
an
agreement
with
a
2
municipality
to
receive
fire
protection
service
or
emergency
3
medical
service
from
the
municipality
may
request
that
a
4
portion
of
its
taxes
be
paid
directly
to
the
municipality
5
providing
the
fire
protection
service
or
emergency
medical
6
service
.
Each
year,
the
township
must
note
its
request
on
7
the
budget
and
must
attach
a
copy
of
the
emergency
services
8
agreement
to
each
copy
of
the
budget
transmitted
to
the
county
9
auditor.
The
auditor
shall
direct
the
county
treasurer
as
10
to
what
portion
of
the
township
taxes
to
disburse
to
the
11
municipality
providing
the
fire
protection
service
or
emergency
12
medical
service
.
13
Sec.
11.
TRANSITION
PROVISIONS.
This
Act
requires
the
board
14
of
supervisors
of
each
county
to
provide
emergency
medical
15
services
to
the
unincorporated
areas
of
the
county
that
are
not
16
otherwise
receiving
emergency
medical
services
from
another
17
governmental
entity
beginning
July
1,
2019.
To
assist
in
the
18
transition
of
emergency
medical
service
providers,
all
of
the
19
real
and
personal
township
property
used
to
provide
emergency
20
medical
service
for
fiscal
years
beginning
before
July
1,
2019,
21
shall
be
transferred
to
the
county
in
which
the
township
is
22
located.
The
county
shall
also
assume
all
of
the
outstanding
23
obligations
of
the
township
relating
to
emergency
medical
24
service.
25
Sec.
12.
IMPLEMENTATION.
Section
25B.2,
subsection
3,
26
shall
not
apply
to
this
Act.
27
Sec.
13.
EFFECTIVE
DATE.
Except
for
the
section
of
this
28
Act
enacting
transition
provisions,
this
Act
takes
effect
July
29
1,
2019.
30
Sec.
14.
APPLICABILITY.
This
Act
applies
to
property
taxes
31
due
and
payable
in
fiscal
years
beginning
on
or
after
July
1,
32
2019.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
Current
Code
section
359.42
authorizes
but
does
not
require
2
the
board
of
township
trustees
to
provide
emergency
medical
3
service
for
the
township
and
to
fund
such
service
through
4
imposition
of
a
property
tax
levy
under
Code
section
359.43.
5
This
bill
strikes
authorization
for
townships
to
provide
6
emergency
medical
services
and
to
levy
the
property
tax
for
7
those
services
beginning
July
1,
2019.
8
The
bill
requires
each
county
to
establish
an
emergency
9
services
fund
for
the
deposit
of
taxes
levied
for
providing
10
emergency
medical
services
under
the
bill
and
for
the
deposit
11
of
taxes
levied
by
the
county
if
the
county
is
providing
12
fire
protection
services
under
current
Code
section
331.385.
13
For
fiscal
years
beginning
on
or
after
July
1,
2019,
the
14
county
board
of
supervisors
is
required
to
provide
emergency
15
medical
services
to
all
unincorporated
areas
of
the
county
16
except
for
those
areas
within
a
benefited
emergency
medical
17
services
district
established
under
Code
chapter
357F.
The
18
board
of
supervisors
is
required
to
create,
by
ordinance,
an
19
emergency
medical
services
commission
to
assume
jurisdiction
20
and
management
of
the
provision
of
emergency
medical
services
21
under
the
bill.
An
emergency
medical
services
commission
shall
22
be
composed
of
the
sheriff
and
four
public
members
appointed
23
by
the
board.
The
emergency
medical
services
commission
is
24
required
to
develop,
adopt,
and
submit
for
approval
of
the
25
board,
a
comprehensive
emergency
medical
service
plan
which
26
meets
the
requirements
of
Code
chapter
147A
and
rules
adopted
27
by
the
department
of
public
health
for
the
provision
of
28
emergency
medical
services.
29
Using
taxes
levied
under
the
bill
and
other
funds
of
the
30
county
authorized
by
law
for
use
in
providing
emergency
31
medical
services,
the
county
or
the
emergency
medical
services
32
commission
is
authorized
under
the
bill
to
employ
emergency
33
medical
care
providers
and
other
staff,
including
the
cost
34
of
salaries,
benefits,
and
other
personnel
costs,
for
the
35
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provision
of
emergency
medical
services,
and
to
purchase,
1
own,
rent,
or
maintain
emergency
medical
service
apparatus
or
2
equipment
and
provide
housing
for
the
apparatus
and
equipment.
3
Under
the
bill,
in
addition
to
other
funds
of
the
county
4
authorized
by
law
for
use
in
providing
emergency
medical
5
services,
the
board
of
supervisors
may
levy
an
annual
tax
6
not
exceeding
40.5
cents
per
$1,000
of
assessed
value
of
the
7
taxable
property
in
the
county,
excluding
property
within
8
a
benefited
emergency
medical
services
district
or
within
9
the
corporate
limits
of
a
city,
for
the
purpose
of
providing
10
emergency
medical
services
under
the
bill.
However,
if
the
11
county
has
a
population
of
300,000
or
more,
the
county
may
levy
12
an
annual
tax
not
exceeding
67.5
cents
per
$1,000
of
assessed
13
value.
However,
if
such
levy
is
insufficient
to
provide
the
14
emergency
medical
services
required
under
the
bill,
the
board
15
may
levy
an
additional
annual
tax
not
exceeding
20.25
cents
16
per
$1,000
of
assessed
value.
Of
all
such
levies
imposed
by
17
the
county,
the
board
may
credit
to
a
reserve
account
annually
18
an
amount
not
to
exceed
30
cents
per
$1,000
of
the
assessed
19
value
for
the
purchase
or
replacement
of
supplies
and
equipment
20
required
to
provide
emergency
medical
services
under
the
bill.
21
The
bill
authorizes
counties
to
anticipate
the
collection
of
22
taxes
authorized
in
the
bill
and
for
such
purposes
may
issue
23
bonds
payable
only
from
tax
levies
on
property
subject
to
the
24
levy
under
the
bill.
25
The
bill
authorizes
the
board
of
supervisors
to
divide
the
26
unincorporated
area
of
the
county
into
tax
districts
for
the
27
purpose
of
providing
emergency
medical
services
and
levying
28
a
different
tax
rate
in
each
district,
but
the
tax
levied
29
in
a
tax
district
shall
not
exceed
the
tax
levy
limitations
30
established
in
the
bill.
31
The
bill
makes
other
corresponding
changes
to
other
32
provisions
of
law
as
the
result
of
the
changes
to
the
authority
33
and
duties
to
provide
emergency
medical
services
by
townships
34
and
counties.
The
bill
also
requires
that
in
order
to
assist
35
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in
the
transition
of
emergency
medical
service
providers
from
1
townships
to
counties,
all
of
the
real
and
personal
township
2
property
used
to
provide
emergency
medical
service
for
fiscal
3
years
beginning
before
July
1,
2019,
shall
be
transferred
to
4
the
county
in
which
the
township
is
located.
The
county
shall
5
also
assume
all
of
the
outstanding
obligations
of
the
township
6
relating
to
emergency
medical
service.
7
The
bill
may
include
a
state
mandate
as
defined
in
Code
8
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
9
subsection
3,
which
would
relieve
a
political
subdivision
from
10
complying
with
a
state
mandate
if
funding
for
the
cost
of
11
the
state
mandate
is
not
provided
or
specified.
Therefore,
12
political
subdivisions
are
required
to
comply
with
any
state
13
mandate
included
in
the
bill.
14
Except
for
the
section
of
the
bill
enacting
transition
15
provisions,
the
bill
takes
effect
July
1,
2019.
The
bill
16
applies
to
property
taxes
due
and
payable
in
fiscal
years
17
beginning
on
or
after
July
1,
2019.
18
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