Text: HF02491 Text: HF02493 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2492 1 2 1 3 AN ACT 1 4 RELATING TO CERTAIN STATE AND MUNICIPAL AGENCIES BY MAKING 1 5 CHANGES RELATING TO THE PROVISION OF AND TRAINING FOR FIRE 1 6 PROTECTION SERVICE AND EMERGENCY MEDICAL SERVICE AND BY 1 7 AMENDING THE POWERS AND DUTIES OF TOWNSHIPS AND TOWNSHIP 1 8 OFFICERS. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 28E.31, Code 1999, is amended to read 1 13 as follows: 1 14 28E.31 EMERGENCY SERVICES – CONTRACTS FOR MUTUAL AID. 1 15 1. Acity fire department, benefited fire district, or1 16townshipmunicipality's fire departmentmay enter into1 17contracts providingthat agrees to provide for mutual aid 1 18 regarding emergency servicesprovided by such department or1 19districtshall do so in writing. The contracts that are 1 20 agreed upon may provide for compensation from the parties and 1 21 other terms that are agreeable to the parties and may be for 1 22 an indefinite period as long as they include a sixty-day 1 23 cancellation notice by any party. The contracts agreed upon 1 24 shall not be entered into for the purpose of reducing the 1 25 number of employees of any party. 1 26 2. Acity fire department, benefited fire district, or1 27townshipmunicipal fire department may provide assistance to 1 28 any other such department or district in the state at the time 1 29 of a significant emergency such as a fire, earthquake, flood, 1 30 tornado, hazardous material incident, or other such disaster. 1 31 The chief or highest ranking fire officer of an assisting 1 32 department or district may render aid to a requesting 1 33 department or district as long as the chief or officer is 1 34 acting in accordance with the policies and procedures set 1 35 forth by the governing board of the assisting department or 2 1 district. 2 2 3. The chief or highest ranking officer of thecity fire2 3department, benefited fire district, or townshipmunicipal 2 4 fire department of the district within which the incident 2 5 occurs shall maintain control of the incident in accordance 2 6 with the provisions of chapter 102. The chief or highest 2 7 ranking officer of the department or district giving mutual 2 8 aid shall be in charge of the assisting departmental or 2 9 district personnel. 2 10 4. For purposes of this section, "municipality" means a 2 11 city, county, township, benefited fire district, or agency 2 12 formed under this chapter and authorized by law to provide 2 13 emergency services. 2 14 Sec. 2. NEW SECTION. 28E.32 EMERGENCY SERVICES 2 15 AGREEMENTS. 2 16 1. A municipality that agrees to provide fire protection 2 17 service or emergency medical service for another municipality 2 18 shall do so in writing. 2 19 2. The written agreement shall state the purposes of the 2 20 agreement and the services to be provided. The agreement 2 21 shall state the duration of the agreement and provide for 2 22 renewal or cancellation of the agreement. 2 23 3. The agreement may establish an advisory board comprised 2 24 of one member of the governing body of each municipality that 2 25 is a party to the agreement. The board shall prepare an 2 26 annual budget for services provided pursuant to the agreement 2 27 and shall allocate among the parties to the agreement, 2 28 responsibility to provide revenue for the amount of the 2 29 budget. The budget prepared pursuant to the written agreement 2 30 shall be a part of the budget of the city providing the 2 31 services. 2 32 4. For purposes of this section, "municipality" means a 2 33 city, county, township, benefited fire district, or agency 2 34 formed under this chapter and authorized by law to provide 2 35 emergency services. 3 1 Sec. 3. NEW SECTION. 55.2 LEAVE OF ABSENCE FOR VOLUNTEER 3 2 EMERGENCY SERVICE. 3 3 All officers and employees of the state, other than 3 4 employees employed temporarily for six months or less or those 3 5 employees considered essential personnel, who are volunteer 3 6 fire fighters or emergency medical service personnel shall be 3 7 entitled to a leave of absence from such civil employment for 3 8 the period of an emergency response without loss of status or 3 9 efficiency rating, and without loss of pay during such leave 3 10 of absence. Such leave of absence shall in no way affect the 3 11 employee's rights to action, sick leave, bonus, or other 3 12 employment benefits relating to the employee's particular 3 13 employment. 3 14 Sec. 4. Section 80.9, subsection 2, paragraph c, Code 3 15 1999, is amended to read as follows: 3 16 c. To investigate all fires; to apprehend persons 3 17 suspected of arson; to enforce all safety measures in 3 18 connection with the prevention of fires;andto disseminate 3 19 fire-prevention education; to develop training standards and 3 20 provide training to fire fighters around the state; and to 3 21 address other issues related to fire service and emergency 3 22 response as requested by the state fire service and emergency 3 23 response council. 3 24 Sec. 5. Section 80.9, subsection 2, Code Supplement 1999, 3 25 is amended by adding the following new paragraph: 3 26 NEW PARAGRAPH. i. Receive and review the budget submitted 3 27 by the state fire marshal and the state fire service and 3 28 emergency response council. 3 29 Sec. 6. Section 88.6, Code 1999, is amended by adding the 3 30 following new subsection: 3 31 NEW SUBSECTION. 9. Reports of inspections and 3 32 investigations involving the occupational safety and health 3 33 for fire fighters shall be presented to the state fire service 3 34 council. 3 35 Sec. 7. Section 91.4, Code Supplement 1999, is amended by 4 1 adding the following new subsection: 4 2 NEW SUBSECTION. 10. Serve as ex officio member of the 4 3 state fire service and emergency response council, or appoint 4 4 a designee to serve as an ex officio member of such council, 4 5 to assist the council in the development of rules relating to 4 6 fire fighting training standards and any other issues relating 4 7 to occupational safety and health standards for fire fighters. 4 8 Sec. 8. NEW SECTION. 100B.1 STATE FIRE SERVICE AND 4 9 EMERGENCY RESPONSE COUNCIL. 4 10 1. The state fire service and emergency response council 4 11 is established in the division of fire protection of the 4 12 department of public safety. The council shall consist of ten 4 13 voting members. Members of the state fire service and 4 14 emergency response council shall be appointed by the governor. 4 15 The governor shall appoint members from the following 4 16 organizations, chosen from a list of names submitted by each 4 17 of the following organizations: 4 18 a. Two members from the Iowa firemen's association. 4 19 b. Two members from the Iowa fire chiefs' association. 4 20 c. One member from the Iowa association of professional 4 21 fire fighters. 4 22 d. Two members from the Iowa association of professional 4 23 fire chiefs. 4 24 e. One member from the Iowa fire fighters group. 4 25 f. One member from the Iowa emergency medical services 4 26 association. 4 27 The tenth member of the council shall be a member of the 4 28 general public appointed by the governor. 4 29 The labor commissioner, or the labor commissioner's 4 30 designee, shall be a nonvoting ex officio member of the 4 31 council. Members of the council shall hold office commencing 4 32 July 1, 2000, for four years and until their successors are 4 33 appointed, except that three initial appointees shall be 4 34 appointed for two years, three initial appointees for three 4 35 years, and four initial appointees for four years. 5 1 The fire marshal or the fire marshal's designee shall 5 2 attend each meeting of the council. 5 3 2. Each voting member of the council shall receive per 5 4 diem compensation at the rate as specified in section 7E.6 for 5 5 each day spent in the performance of the member's duties. All 5 6 members of the council shall receive actual and necessary 5 7 expenses incurred in the performance of their duties. 5 8 3. Six voting members of the council shall constitute a 5 9 quorum. For the purpose of conducting business a majority 5 10 vote of the council shall be required. The council shall 5 11 elect a chairperson from its members. The council shall meet 5 12 at the call of the chairperson, or the state fire marshal, or 5 13 when any six members of the council file a written request 5 14 with the chairperson for a meeting. 5 15 4. If a voting member of the council is absent for fifty 5 16 or more percent of council meetings during any twelve-month 5 17 period, the other council members by their unanimous vote may 5 18 declare the member's position on the council vacant. A 5 19 vacancy in the membership of the council shall be filled by 5 20 appointment of the governor for the balance of the unexpired 5 21 term. 5 22 Sec. 9. NEW SECTION. 100B.2 DUTIES. 5 23 The state fire service and emergency response council 5 24 shall: 5 25 1. Advise and confer with the state fire marshal in 5 26 matters relating to fire protection services, including, but 5 27 not limited to, training. 5 28 2. Cooperate with and assist agencies concerning fire 5 29 emergency services matters and may, at the request of the 5 30 state fire marshal or the chairperson of the council, hold 5 31 public hearings for the purpose of seeking resolution of, or 5 32 making recommendations on, fire services issues. 5 33 3. Develop, in consultation with the state fire marshal, 5 34 the policies of the fire service training bureau of the 5 35 division of fire protection. 6 1 4. Develop and submit to the state fire marshal for 6 2 adoption rules establishing minimum training standards for 6 3 fire service training that will be applicable statewide, 6 4 periodically review these standards and offer rules as deemed 6 5 appropriate. 6 6 5. Provide recommendations to the state fire marshal that 6 7 will facilitate the delivery of basic level fire fighter 6 8 training at the local level. 6 9 6. Provide recommendations to the state fire marshal for a 6 10 fee schedule for training and consultation services as 6 11 necessary for the administration of this chapter. 6 12 7. Prepare annual performance reviews of training 6 13 administrators for submittal to the state fire marshal. 6 14 8. Hear testimony from the labor commissioner, or the 6 15 labor commissioner's designee, on inspections and 6 16 investigations involving occupational safety and health 6 17 standards for fire fighters and conducted by the office of the 6 18 labor commissioner. 6 19 Sec. 10. NEW SECTION. 100B.3 TRAINING AGREEMENTS. 6 20 The state fire marshal, subject to the approval of the 6 21 state fire service and emergency response council, may enter 6 22 into written agreements with other educational institutions to 6 23 provide training in conjunction with training provided by the 6 24 fire service training bureau or to assist in research 6 25 conducted by the bureau. 6 26 Sec. 11. NEW SECTION. 100B.4 FEES. 6 27 Fees assessed pursuant to this chapter shall be retained by 6 28 the division of fire protection and such repayments received 6 29 shall be used exclusively to offset the cost of fire service 6 30 training. 6 31 Notwithstanding section 8.33, repayment receipts collected 6 32 by the division of fire protection for the fire service 6 33 training bureau that remain unencumbered or unobligated at the 6 34 close of the fiscal year shall not revert but shall remain 6 35 available for expenditure for the purposes designated until 7 1 the close of the succeeding fiscal year. 7 2 Sec. 12. NEW SECTION. 100B.5 BUDGET. 7 3 The state fire marshal and the state fire service and 7 4 emergency response council shall prepare an annual budget for 7 5 the council and the fire service training bureau. The budget 7 6 shall be transmitted to the commissioner of public safety for 7 7 inclusion in that department's budget. 7 8 Sec. 13. NEW SECTION. 100B.6 FIRE SERVICE TRAINING 7 9 BUREAU. 7 10 1. The state fire service and emergency response council 7 11 shall assist in operation of a fire service training bureau 7 12 for instructing the general public and fire protection 7 13 personnel throughout the state, providing service to public 7 14 and private fire departments in the state, conducting research 7 15 in the methods of maintaining and improving fire education 7 16 consistent with the needs of Iowa communities, and performing 7 17 any other functions assigned to the bureau by the state fire 7 18 marshal in consultation with the state fire service and 7 19 emergency response council. 7 20 2. Enrollment and attendance in fire service training 7 21 bureau programs may include persons engaged with a unit of 7 22 government or a public or private fire department in the 7 23 state, including volunteer, trainee, or employed fire 7 24 fighters. 7 25 3. Programs conducted by the fire service training bureau 7 26 shall include at a minimum instruction in the subjects 7 27 necessary for the certification of persons in accordance with 7 28 a nationally recognized fire fighter qualification system as 7 29 approved by the state fire service and emergency response 7 30 council. At the direction of the state fire marshal in 7 31 consultation with the state fire service and emergency 7 32 response council, the fire service training bureau may develop 7 33 and conduct programs which extend beyond the programs directly 7 34 related to such system. 7 35 Sec. 14. NEW SECTION. 100B.7 ADMINISTRATOR – 8 1 APPOINTMENT – DUTIES. 8 2 1. The administrator of the fire service training bureau 8 3 shall be appointed by the commissioner of public safety, 8 4 subject to the approval of the state fire service and 8 5 emergency response council. 8 6 2. The state fire marshal shall direct the administrator 8 7 to: 8 8 a. Provide direct oversight to the operations of the fire 8 9 service training bureau. 8 10 b. Manage the budget of the fire service training bureau 8 11 consistent with budgeting methods as may be required by the 8 12 department of public safety or the state of Iowa. 8 13 c. Advise, confer, and consult with the state fire service 8 14 and emergency response council in developing rules 8 15 establishing minimum standards for fire service training. 8 16 d. Advise, confer, and consult regularly with the state 8 17 fire service and emergency response council to seek input and 8 18 recommendations on all facets of fire service training 8 19 programs in Iowa. 8 20 e. Maintain a statewide system to provide basic level fire 8 21 fighter training at the local level. 8 22 f. Distribute instructional and educational materials to 8 23 support the fire training and education programs offered by 8 24 the department of public safety. 8 25 g. Recruit and train qualified instructors for the 8 26 training program. 8 27 h. Maintain training records as directed by the state fire 8 28 marshal and necessary to accomplish the purposes of training 8 29 programs. 8 30 i. Establish, with the approval of the state fire service 8 31 and emergency response council, a fee schedule for training 8 32 services that will ensure quality training at the most 8 33 reasonable price. 8 34 j. Offer programs of education and instruction approved by 8 35 the state fire service and emergency response council and 9 1 conducted by qualified staff and faculty. 9 2 k. Plan and coordinate fire schools and other short 9 3 courses of instruction on a statewide, regional and local 9 4 level, utilizing existing educational institutions, programs, 9 5 and facilities as feasible. 9 6 l. Prepare for the state fire marshal and the state fire 9 7 service and emergency response council an annual report of 9 8 activities that include a summary of classes taught, budget, 9 9 and staff activities. 9 10 m. Provide supervision and management to the fire service 9 11 training bureau staff consistent with the methods of the 9 12 department of public safety and as assigned by the state fire 9 13 marshal. 9 14 n. Consult with the state fire service and emergency 9 15 response council in preparing an annual legislative and 9 16 budgetary agenda that will address items necessary to 9 17 accomplish the provisions of this chapter, and submit this 9 18 agenda to the state fire marshal in a format and time frame 9 19 consistent with departmental policy. 9 20 o. Develop mechanisms by which fire fighters and others 9 21 may earn college credits and degrees in fire-related 9 22 disciplines. 9 23 p. Develop instructional and educational materials to 9 24 support the fire training and education programs offered by 9 25 the council. 9 26 q. Develop and offer other programs and services 9 27 consistent with the general purposes of the council. 9 28 Sec. 15. NEW SECTION. 100B.8 EMPLOYEES. 9 29 Employees of the fire service institute at Iowa state 9 30 university on the effective date of this Act may elect to 9 31 transfer to the department of public safety in a position and 9 32 at a pay range commensurate with their duties as determined by 9 33 the department of personnel, the department of public safety, 9 34 and the employee's certified collective bargaining 9 35 representative. 10 1 Sec. 16. NEW SECTION. 100B.9 FACILITIES AND EQUIPMENT. 10 2 The building known as the fire service institute at Iowa 10 3 state university, the land upon which the building is located, 10 4 and parking space associated with the building shall, until 10 5 July 1, 2003, be leased by Iowa state university to the 10 6 department of public safety at a cost not to exceed the actual 10 7 cost of heating, lighting, and maintaining the building and 10 8 parking space. In the event the department of public safety 10 9 locates suitable facilities prior to that time, the lease may 10 10 be terminated at the option of the department. All equipment 10 11 owned by Iowa state university and used exclusively to conduct 10 12 fire service training, classes, or business shall transfer on 10 13 the effective date of this Act to the department of public 10 14 safety unless such transfer is prohibited or restricted by law 10 15 or agreement. This equipment includes, but is not limited to, 10 16 breathing apparatus, fire suppression gear, mobile equipment, 10 17 office furniture, computers, copying machines, library, file 10 18 cabinets, and training records. 10 19 The department of public safety and the state board of 10 20 regents shall enter into a written agreement pursuant to 10 21 chapter 28E regarding payment of debt obligations incurred by 10 22 the state board of regents on behalf of the Iowa cooperative 10 23 extension service for agriculture and home economics for the 10 24 lease-purchase of a mobile burn unit which is to be used by 10 25 the department of public safety for fire fighter training. 10 26 The written agreement shall also provide for storage of any of 10 27 the equipment covered in this section at a facility owned by 10 28 Iowa state university for as long as the lease for the 10 29 building, land, and associated parking is in effect. 10 30 Sec. 17. NEW SECTION. 100B.10 RULES. 10 31 The state fire marshal shall adopt rules under chapter 17A 10 32 for carrying out the responsibilities of this chapter. 10 33 Sec. 18. NEW SECTION. 331.385 POWERS RELATING TO 10 34 EMERGENCY SERVICES. 10 35 1. A county may, by resolution, assume the exercise of the 11 1 powers and duties of township trustees relating to fire 11 2 protection service and emergency medical service for any 11 3 township located in the unincorporated area of the county. 11 4 2. The board of supervisors shall publish notice of the 11 5 proposed resolution, and of a public hearing to be held on the 11 6 proposed resolution, in a newspaper of general circulation in 11 7 the county at least ten days but no more than twenty days 11 8 before the date of the public hearing. 11 9 3. If, after notice and hearing, the resolution is 11 10 adopted, the board of supervisors shall assume the exercise of 11 11 the powers and duties of township trustees relating to fire 11 12 protection service and emergency medical service as set forth 11 13 in sections 359.42 through 359.45. All of the real and 11 14 personal township property used to provide fire protection 11 15 service or emergency medical service shall be transferred to 11 16 the county. The county shall assume all of the outstanding 11 17 obligations of the township relating to fire protection 11 18 service or emergency medical service. If the township 11 19 provides fire protection outside of the county's boundaries, 11 20 the county shall continue to provide fire protection to this 11 21 area for at least ninety days after adoption of the 11 22 resolution. 11 23 4. Fire protection service and emergency medical service 11 24 shall be paid from the emergency services fund of the county 11 25 authorized in section 331.424C. 11 26 Sec. 19. Section 331.421, Code 1999, is amended by adding 11 27 the following new subsection: 11 28 NEW SUBSECTION. 10. "Emergency services levy" means a 11 29 levy authorized and limited by section 331.424C. 11 30 Sec. 20. NEW SECTION. 331.424C EMERGENCY SERVICES FUND. 11 31 A county that is providing fire protection service or 11 32 emergency medical service to a township pursuant to section 11 33 331.385 shall establish an emergency services fund and may 11 34 certify taxes not to exceed sixty and three-fourths cents per 11 35 one thousand dollars of the assessed value of taxable property 12 1 located in the township. The county has the authority to use 12 2 a portion of the taxes levied and deposited in the fund for 12 3 the purpose of accumulating moneys to carry out the purposes 12 4 of section 359.43, subsection 3. 12 5 Sec. 21. Section 331.502, Code 1999, is amended by adding 12 6 the following new subsection: 12 7 NEW SUBSECTION. 30A. Carry out duties related to posting 12 8 financial information of a township as provided in sections 12 9 359.23 and 359.49. 12 10 Sec. 22. Section 359.17, Code 1999, is amended to read as 12 11 follows: 12 12 359.17 TRUSTEES – DUTIES – MEETINGS. 12 13 The board of township trustees in each township shall 12 14 consist of three qualified electors of the township. The 12 15 trustees shall act as fence viewers and shall perform other 12 16 duties assigned them by law. The board of trustees shall meet 12 17 not less thanoncetwo times a year. At least one of the 12 18 meetings shall be scheduled to meet the requirements of 12 19 section 359.49. 12 20 Sec. 23. Section 359.20, Code 1999, is amended by adding 12 21 the following new unnumbered paragraph: 12 22 NEW UNNUMBERED PARAGRAPH. Township records and documents, 12 23 or accurate reproduction, shall be kept by the township clerk 12 24 for at least five years except that: 12 25 a. Resolutions, board proceedings, records and documents, 12 26 or accurate reproductions, relating to the issuance of public 12 27 bonds or obligations shall be kept for at least eleven years 12 28 following the final maturity of the bonds or obligations. 12 29 Thereafter, such records, documents, and reproductions may be 12 30 destroyed, preserving confidentiality as necessary. 12 31 b. Resolutions, board proceedings, records, and documents, 12 32 or accurate reproductions, relating to real property 12 33 transactions shall be maintained permanently. 12 34 Sec. 24. Section 359.23, Code 1999, is amended to read as 12 35 follows: 13 1 359.23 RECEIPTS AND EXPENDITURES. 13 2 Each township clerk shall prepare, on or before September 13 3 30 of each year, a statement in writing, showing all receipts 13 4 of money and disbursements in the clerk's office for each 13 5 separate tax levy authorized by law for the preceding fiscal 13 6 year, showing the current public debt of the township, and 13 7 showing the balance as of June 30 of all separate reserve 13 8 accounts held by the township, which shall be certified as 13 9 correct by the trustees of the township. The statement shall 13 10 be in a form prescribed by the county finance committee in 13 11 consultation with the department of management. Each township 13 12 clerk shall send a copy of this written statement to the 13 13 county auditor no later than seven days after the statement is 13 14 certified by the trustees. The county auditor shall post the 13 15 statement or a summary of the statement in a prominent place 13 16 in the building where the auditor's office is located. The 13 17 county treasurer shall withhold disbursement of township taxes 13 18 until the statement is filed with the county auditor. The 13 19 county auditor shall notify the county treasurer if taxes are 13 20 to be withheld. 13 21 The county auditor may waive the requirement that a 13 22 township send a copy of the written financial statement to the 13 23 county auditor. 13 24 Sec. 25. Section 359.43, Code 1999, is amended by adding 13 25 the following new subsection: 13 26 NEW SUBSECTION. 5. Township taxes collected and disbursed 13 27 by the county shall be apportioned by the clerk and paid into 13 28 the separate accounts of the tax districts no later than May 13 29 31 and November 30 of each year. 13 30 TOWNSHIP FINANCES 13 31 Sec. 26. NEW SECTION. 359.49 TOWNSHIP BUDGET. 13 32 Annually, a township shall prepare and adopt a budget, and 13 33 shall certify taxes as follows: 13 34 1. A budget must be prepared for at least the following 13 35 fiscal year. A proposed budget must show estimates of the 14 1 following: 14 2 a. Expenditures from each fund. 14 3 b. Income from sources other than property taxation. 14 4 c. Amount to be raised by property taxation, and the 14 5 property tax rate expressed in dollars per one thousand 14 6 dollars assessed valuation. 14 7 2. By January 15 of each year, each township fire 14 8 department in the township shall provide to the board of 14 9 trustees a proposed budget showing all revenues and all 14 10 expenses for emergency services for the next fiscal year. By 14 11 January 15 of each year, each township fire department, and 14 12 each municipal fire department providing emergency services to 14 13 a township, shall submit to the board of trustees a report 14 14 detailing emergency services calls for the prior calendar year 14 15 for the fire district and a copy of the fire report filed by 14 16 the fire department with the state fire marshal's office. For 14 17 purposes of this subsection, "municipal" means relating to a 14 18 city, county, township, benefited fire district, or chapter 14 19 28E agency authorized by law to provide emergency services. 14 20 3. Not less than ten days before the date set for the 14 21 regular meeting of the board at which objections and arguments 14 22 on the budget will be heard, the clerk shall make available a 14 23 sufficient number of copies of the detailed budget to meet the 14 24 requests of taxpayers and organizations. 14 25 4. The board of trustees shall transmit a copy of the 14 26 proposed budget to the county auditor for posting. 14 27 5. The board of trustees shall set a time and place for a 14 28 regular meeting before final certification of the budget, 14 29 which meeting shall provide time for comments and objections 14 30 to be heard on the proposed budget. The meeting shall be held 14 31 no less than ten days and no more than twenty days after the 14 32 proposed budget is posted by the county auditor. The county 14 33 auditor shall certify to the clerk the date of posting. 14 34 6. At the meeting, any resident or taxpayer of the 14 35 township may present to the board of trustees objections to 15 1 any part of the budget for the following fiscal year or 15 2 arguments in favor of any part of the budget. 15 3 7. After the meeting on the proposed budget, the board of 15 4 trustees shall adopt by resolution a budget for at least the 15 5 next fiscal year, and the clerk shall certify the necessary 15 6 tax levy for the next fiscal year to the county auditor and 15 7 the county board of supervisors by March 15. The tax levy 15 8 certified may be less than but shall not be more than the 15 9 amount estimated in the proposed budget submitted at the 15 10 meeting. Two copies each of the detailed budget as adopted 15 11 and of the certified tax levy must be transmitted to the 15 12 county auditor by March 15. 15 13 8. Taxes from a township levy shall be collected but not 15 14 disbursed by the county to a township until copies of the 15 15 township budget are transmitted to the county auditor as 15 16 required in subsection 7. If a township fails to certify 15 17 property taxes by March 15, the amount of taxes collected by 15 18 the county for the township shall be the amount collected for 15 19 the township in the previous fiscal year to the extent that it 15 20 does not exceed the applicable levy rate limits in this 15 21 chapter. However, that amount may not exceed the amount the 15 22 township could collect based on property assessments for the 15 23 fiscal year for which the township failed to certify property 15 24 taxes. 15 25 9. The township budget shall be prepared on forms, and 15 26 pursuant to instructions, prescribed by the county finance 15 27 committee in consultation with the department of management. 15 28 Sec. 27. NEW SECTION. 359.50 BUDGET AMENDMENT. 15 29 1. A township budget as finally adopted for the following 15 30 fiscal year becomes effective July 1. A township budget for 15 31 the current fiscal year may be amended for any of the 15 32 following purposes: 15 33 a. To permit the expenditure of unexpended, unencumbered 15 34 cash balances on hand at the end of the preceding fiscal year 15 35 which had not been anticipated in the budget. 16 1 b. To permit the expenditure of amounts anticipated to be 16 2 available from sources other than property taxation, and which 16 3 had not been anticipated in the budget. 16 4 2. A budget amendment must be prepared and adopted by May 16 5 31 of the current fiscal year. 16 6 Sec. 28. NEW SECTION. 359.51 SEPARATE ACCOUNTS. 16 7 A township shall keep separate accounts corresponding to 16 8 the items in the township's adopted or amended budget. A 16 9 township shall keep accounts which provide an accurate and 16 10 detailed statement of all public funds collected, received, or 16 11 expended for any township purpose, by any township officer, 16 12 employee, or other person, and which show the receipt, use, 16 13 and disposition of all township property. 16 14 Sec. 29. NEW SECTION. 359.52 DISPOSAL OF PROPERTY. 16 15 A township shall not dispose of an interest in personal 16 16 property, or an interest in real property, by sale, lease, or 16 17 gift, except in accordance with the following procedure: 16 18 1. The board of trustees shall set forth its proposal in a 16 19 resolution and shall publish notice of the resolution and of a 16 20 date, time, and place of a public hearing on the proposal. 16 21 The notice shall be published in a newspaper published at 16 22 least once weekly and having general circulation in the 16 23 township or in the largest city in the township. The notice 16 24 shall be published no less than ten days and no more than 16 25 twenty days before the hearing. 16 26 2. After the public hearing, the trustees may make a final 16 27 determination on the proposal by resolution. 16 28 3. A township shall not dispose of real property by gift 16 29 except to a governmental body for a public purpose. 16 30 This section does not apply to the sale by a township of 16 31 subdivisions or lots within a cemetery. 16 32 Sec. 30. Sections 266.40 through 266.46, Code 1999, are 16 33 repealed. 16 34 16 35 17 1 17 2 BRENT SIEGRIST 17 3 Speaker of the House 17 4 17 5 17 6 17 7 MARY E. KRAMER 17 8 President of the Senate 17 9 17 10 I hereby certify that this bill originated in the House and 17 11 is known as House File 2492, Seventy-eighth General Assembly. 17 12 17 13 17 14 17 15 ELIZABETH ISAACSON 17 16 Chief Clerk of the House 17 17 Approved , 2000 17 18 17 19 17 20 17 21 THOMAS J. VILSACK 17 22 Governor
Text: HF02491 Text: HF02493 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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