SF 231 (LSB 1671XS (4) 88)

SENATE FILE 231

BY  ZAUN

A BILL FOR

An Act providing for unified fire and emergency service departments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  28E.33  Unified fire department —— requirements.
   1.  For purposes of this section, “largest city” means the city that is the largest city by population that is a party to an agreement under this section as of the most recent decennial census as of the date the agreement became effective.
   2.  Notwithstanding any provision of this chapter to the contrary, cities that provide fire protection services and emergency medical services may enter into an agreement under this chapter to establish a unified fire department under this section to provide fire protection and emergency medical service protection subject to the requirements of this section. To establish a unified fire department under this section, at least one city entering into the agreement must employ full-time employees. 
   3.  Except as otherwise provided pursuant to this section, the inclusion of a city in a unified fire department shall not affect the prior establishment of a civil service system under chapter 400 or a pension or retirement system under chapters 97B, 410, or 411.
   4.  An agreement to establish a unified fire department under this section shall be subject to all of the following requirements:
   a.  The agreement shall specify that the largest city shall be deemed the employer for employees of the unified fire department.
   b.  An employee of a city other than the largest city entering an agreement shall be granted full employment rights in the unified fire department based on all similar prior service by that employee.
   c.  (1)  If at least one city entering the agreement is subject to chapter 400, the civil service commission for the largest city subject to chapter 400 shall serve as the civil service commission for the unified fire department, and all employees of the unified fire department shall be subject to the requirements established for employees under chapter 400. 
   (2)  An employee who was either not previously subject to the requirements of chapter 400 or subject to the requirements of chapter 400 for a city other than the largest city shall, for purposes of chapter 400, be granted full civil service rights pursuant to section 400.7 at the time the employee becomes subject to the requirements of chapter 400 for the unified fire department based on all similar prior full-time service by that employee either for a city not subject to the requirements of chapter 400 or subject to the requirements of chapter 400 for a city other than the largest city.
   d.  The retirement system under either chapter 411 or 97B in which the largest city participates as of the date the agreement creating the unified fire department became effective shall be the retirement system for the unified fire department. Employees of the unified fire department shall, for service for the unified fire department on or after the date the agreement became effective, be members of that retirement system. 
    Sec. 2.  Section 97B.49B, subsection 1, paragraph e, subparagraph (2), Code 2019, is amended to read as follows:
   (2)  A marshal in a city not covered under chapter 400, or a fire fighter or police officer of a city not participating in the retirement systems established in chapter 410 or 411, or a fire fighter of a unified fire department established pursuant to section 28E.33 that does not participate in the retirement system established in chapter 411 pursuant to section 28E.33, subsection 4, paragraph “d”.
    Sec. 3.  Section 411.2, subsection 1, Code 2019, is amended to read as follows:
   1.  Except as provided in subsections 2 through 5 6, each city in which the fire fighters or police officers are appointed under the civil service law of this state, and each unified fire department established pursuant to section 28E.33 that participates pursuant to section 28E.33, subsection 4, paragraph “d”, shall participate in the retirement system established by this chapter for the purpose of providing retirement allowances only for fire fighters or police officers, or both, of the cities who are so appointed after the date the city comes under the retirement system, or benefits to their dependents.
    Sec. 4.  Section 411.2, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  A city that has a paid fire department and that is under the retirement system established by this chapter that becomes a party to an agreement to establish a unified fire department established pursuant to section 28E.33 shall not have fire fighters of the unified fire department come under this chapter as of the date the city becomes a party to the agreement if the unified fire department participates in the retirement system established in chapter 97B pursuant to section 28E.33, subsection 4, paragraph “d”. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the creation of a unified fire department under Code chapter 28E to provide fire protection services and emergency medical services.
   The bill provides for the authority to establish a unified fire department and provides requirements for the establishment of a unified fire department. The bill authorizes cities that provide fire protection services and emergency medical services to enter into an agreement to establish a unified fire department. The bill requires that at least one such city must employ full-time employees.
   The bill provides that the largest city that is a party to the agreement shall be deemed the employer for employees of the unified fire department. An employee of a city other than the largest city shall be granted full employment rights in the unified fire department based on all similar prior service by that employee.
   The bill provides that the civil service commission for the largest city subject to city civil service requirements shall serve as the civil service commission for the unified fire department if at least one city entering the agreement is subject to city civil services requirements. All employees of such a unified fire department shall be subject to city civil services requirements. An employee who was either not previously subject to city civil services requirements or subject to city civil services requirements for a city other than the largest city shall, for purposes of city civil services requirements, be granted full civil service rights at the time the employee becomes subject to city civil services requirements for the unified fire department based on all similar prior full-time service by that employee either for a city not subject to city civil services requirements or subject to city civil services requirements for a city other than the largest city.
   The bill provides that the retirement system under either Code chapter 411 or 97B in which the largest city participates as of the date the agreement became effective shall be the retirement system for the unified fire department. Employees of the unified fire department shall, for service for the unified fire department on or after the date the agreement became effective, be members of that retirement system. 
   The bill defines “largest city” as the city that is the largest city by population that is a party to an agreement to establish a unified fire department as of the most recent decennial census as of the date the agreement became effective.