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PAG LIN 1 1 Section 1. Section 28E.31, Code 1999, is amended to read 1 2 as follows: 1 3 28E.31 EMERGENCY SERVICES – CONTRACTS FOR MUTUAL AID. 1 4 1. Acity fire department, benefited fire district, or1 5townshipmunicipality's fire departmentmay enter into1 6contracts providingthat agrees to provide for mutual aid 1 7 regarding emergency servicesprovided by such department or1 8districtshall do so in writing. The contracts that are 1 9 agreed upon may provide for compensation from the parties and 1 10 other terms that are agreeable to the parties and may be for 1 11 an indefinite period as long as they include a sixty-day 1 12 cancellation notice by any party. The contracts agreed upon 1 13 shall not be entered into for the purpose of reducing the 1 14 number of employees of any party. 1 15 2. Acity fire department, benefited fire district, or1 16townshipmunicipal fire department may provide assistance to 1 17 any other such department or district in the state at the time 1 18 of a significant emergency such as a fire, earthquake, flood, 1 19 tornado, hazardous material incident, or other such disaster. 1 20 The chief or highest ranking fire officer of an assisting 1 21 department or district may render aid to a requesting 1 22 department or district as long as the chief or officer is 1 23 acting in accordance with the policies and procedures set 1 24 forth by the governing board of the assisting department or 1 25 district. 1 26 3. The chief or highest ranking officer of thecity fire1 27department, benefited fire district, or townshipmunicipal 1 28 fire department of the district within which the incident 1 29 occurs shall maintain control of the incident in accordance 1 30 with the provisions of chapter 102. The chief or highest 1 31 ranking officer of the department or district giving mutual 1 32 aid shall be in charge of the assisting departmental or 1 33 district personnel. 1 34 4. For purposes of this section, "municipality" means a 1 35 city, county, township, or benefited fire district. 2 1 Sec. 2. NEW SECTION. 28E.32 EMERGENCY SERVICES 2 2 AGREEMENTS. 2 3 1. A municipality that agrees to provide fire protection 2 4 service or emergency medical service for another municipality 2 5 shall do so in writing. 2 6 2. The written agreement shall state the purposes of the 2 7 agreement and the services to be provided. The agreement 2 8 shall state the duration of the agreement and provide for 2 9 renewal or cancellation of the agreement. 2 10 3. The agreement may establish a board comprised of one 2 11 member of the governing body of each municipality that is a 2 12 party to the agreement. The board shall prepare an annual 2 13 budget for services provided pursuant to the agreement and 2 14 shall allocate among the parties to the agreement, 2 15 responsibility to provide revenue for the amount of the 2 16 budget. The budget prepared pursuant to the written agreement 2 17 shall be a part of the budget of the city providing the 2 18 services. 2 19 4. For purposes of this section, "municipality" means a 2 20 city, county, township, or benefited fire district. 2 21 Sec. 3. Section 39.21, Code 1999, is amended by adding the 2 22 following new subsections: 2 23 NEW SUBSECTION. 5. Township trustees as provided in 2 24 section 39.22. 2 25 NEW SUBSECTION. 6. Township clerk as provided in section 2 26 39.22. 2 27 Sec. 4. Section 39.22, subsection 2, Code 1999, is amended 2 28 to read as follows: 2 29 2. BY ELECTION. If the county board of supervisors does 2 30 not have the power provided under subsection 1 to fill the 2 31 offices of trustee and clerk within a township by appointment, 2 32 then the offices of township trustee and township clerk shall 2 33 be filled by election on a nonpartisan basis. Township 2 34 trustees and the township clerk, in townships which do not 2 35 include a city, shall be elected by the voters of the entire 3 1 township. In townships which include a city, the officers 3 2 shall be elected by the voters of the township who reside 3 3 outside the corporate limits of the city, but a township 3 4 officer may be a resident of the city. 3 5 a. TOWNSHIP OFFICERS. The election of township officers 3 6 shall take place at the general election on ballots which 3 7 shall not reflect a nominee's political affiliation. A 3 8 candidate for election to a township office shall file an 3 9 affidavit of candidacy with the county commissioner of 3 10 elections not more than ninety-two days nor later than five 3 11 p.m. on the sixty-ninth day before the date of the general 3 12 election. The affidavit of candidacy form shall be furnished 3 13 by the county commissioner of elections. A plurality is 3 14 sufficient to elect the township officers. 3 15a.b. TOWNSHIP TRUSTEES. Township trustees shall be 3 16 elected biennially to succeed those whose terms of office 3 17 expire on the first day of January following the election 3 18 which is not a Sunday or legal holiday. The term of office of 3 19 each elected township trustee is four years, except as 3 20 provided in subsection 1 for initial terms following 3 21 restoration of the election process. 3 22b.c. TOWNSHIP CLERK. At the general election held in the 3 23 year 1990 and every four years thereafter, in each civil 3 24 township one township clerk shall be elected who shall hold 3 25 office for the term of four years. 3 26 Sec. 5. Section 39.22, Code 1999, is amended by adding the 3 27 following new subsection: 3 28 NEW SUBSECTION. 3. If the county commissioner of 3 29 elections receives no affidavits of candidacy for the office 3 30 of township trustee or township clerk to be placed on the 3 31 general election ballot, the board of supervisors of the 3 32 county in which the township is located may direct the county 3 33 commissioner of elections to remove the township offices 3 34 without nominees from the general election ballot. If the 3 35 township offices are removed from the general election ballot, 4 1 the board of supervisors shall appoint a successor to the 4 2 affected township office for a two-year term. 4 3 Sec. 6. Section 43.53, Code 1999, is amended to read as 4 4 follows: 4 5 43.53 NOMINEES FOR SUBDIVISION OFFICE – WRITE-IN 4 6 CANDIDATES. 4 7 The nominee of each political party for any office to be 4 8 filled by the voters of anytownship or otherpolitical 4 9 subdivision within the county shall be the person receiving 4 10 the highest number of votes cast in the primary election by 4 11 the voters of that party for the office. That person shall 4 12 appear as the party's candidate for the office on the general 4 13 election ballot. A person whose name is not printed on the 4 14 official primary ballot shall not be declared nominated as a 4 15 candidate for such office in the general election unless that 4 16 person receives at least five votes. Nomination of a 4 17 candidate for the office of county supervisor elected from a 4 18 district within the county shall be governed by section 43.52 4 19 and not by this section. 4 20 Sec. 7. Section 43.67, unnumbered paragraph 1, Code 1999, 4 21 is amended to read as follows: 4 22 Each candidate nominated pursuant to section 43.52 or 43.65 4 23 is entitled to have the candidate's name printed on the 4 24 official ballot to be voted at the general election without 4 25 other certificate unless the candidate was nominated by write- 4 26 in votes. Immediately after the completion of the canvass 4 27 held under section 43.49, the county auditor shall notify each 4 28 person who was nominated by write-in votes for a countyor4 29townshipoffice that the person is required to file an 4 30 affidavit of candidacy if the person wishes to be a candidate 4 31 for that office at the general election. Immediately after 4 32 the completion of the canvass held under section 43.63, the 4 33 secretary of state shall notify each person who was nominated 4 34 by write-in votes for a state or federal office that the 4 35 person is required to file an affidavit of candidacy if the 5 1 person wishes to be a candidate for that office at the general 5 2 election. If the affidavit is not filed by five p.m. on the 5 3 seventh day after the completion of the canvass, that person's 5 4 name shall not be placed upon the official general election 5 5 ballot. The affidavit shall be signed by the candidate, 5 6 notarized, and filed with the county auditor or the secretary 5 7 of state, whichever is applicable. 5 8 Sec. 8. Section 45.1, subsection 10, Code 1999, is amended 5 9 by striking the subsection. 5 10 Sec. 9. Section 49.37, subsection 3, Code 1999, is amended 5 11 to read as follows: 5 12 3. The commissioner shall arrange the partisan county 5 13 offices on the ballot with the board of supervisors first, 5 14 followed by the other county officesand township officesin 5 15 the same sequence in which they appear in sections 39.17 and 5 16 39.22. Nonpartisan offices, with the township offices first, 5 17 shall be listed after partisan offices. 5 18 Sec. 10. Section 49.41, unnumbered paragraphs 5 and 6, 5 19 Code 1999, are amended to read as follows: 5 20 When the state commissioner receives notice from the county 5 21 commissioner that a candidate for a state or federal office 5 22 has also been nominated for a countyor townshipoffice, the 5 23 state commissioner shall amend the certificate issued pursuant 5 24 to section 43.73 and notify the commissioners of any other 5 25 counties to whom the candidate's name was originally certified 5 26 and instruct them to remove the candidate's name from the 5 27 ballot in those counties. 5 28 This section does not apply to the following public 5 29 offices: county agricultural extension council, soil and 5 30 water conservation district commission,orregional library 5 31 board of trustees, board of township trustees, or township 5 32 clerk. 5 33 Sec. 11. NEW SECTION. 55.2 LEAVE OF ABSENCE FOR 5 34 VOLUNTEER EMERGENCY SERVICE. 5 35 All officers and employees of the state, other than 6 1 employees employed temporarily for six months or less or those 6 2 employees considered essential personnel, who are volunteer 6 3 fire fighters or emergency medical service personnel shall be 6 4 entitled to a leave of absence from such civil employment for 6 5 the period of an emergency response or for training without 6 6 loss of status or efficiency rating, and without loss of pay 6 7 during such leave of absence. Such leave of absence shall in 6 8 no way affect the employee's rights to action, sick leave, 6 9 bonus, or other employment benefits relating to the employee's 6 10 particular employment. 6 11 Sec. 12. Section 80.9, subsection 2, paragraph c, Code 6 12 1999, is amended to read as follows: 6 13 c. To investigate all fires; to apprehend persons 6 14 suspected of arson; to enforce all safety measures in 6 15 connection with the prevention of fires;andto disseminate 6 16 fire-prevention education; and to provide statewide service to 6 17 fire departments and fire protection personnel. 6 18 Sec. 13. Section 80.9, subsection 2, Code Supplement 1999, 6 19 is amended by adding the following new paragraph: 6 20 NEW PARAGRAPH. i. Receive and review the budget submitted 6 21 by the state fire service council. 6 22 Sec. 14. Section 88.6, Code 1999, is amended by adding the 6 23 following new subsection: 6 24 NEW SUBSECTION. 9. Reports of inspections and 6 25 investigations involving the occupational safety and health 6 26 for fire fighters shall be presented to the state fire service 6 27 council. 6 28 Sec. 15. Section 91.4, Code Supplement 1999, is amended by 6 29 adding the following new subsection: 6 30 NEW SUBSECTION. 10. Serve as ex officio member of the 6 31 state fire service council, or appoint a designee to serve as 6 32 an ex officio member of such council, to assist the council in 6 33 the development of rules relating to fire fighting training 6 34 standards and any other issues relating to occupational safety 6 35 and health standards for fire fighters. 7 1 Sec. 16. NEW SECTION. 100B.1 STATE FIRE SERVICE COUNCIL. 7 2 1. The state fire service council is established in the 7 3 division of fire protection of the department of public 7 4 safety. The council shall consist of nine voting members. 7 5 Members of the state fire service council shall be appointed 7 6 by the governor. The governor shall appoint members from the 7 7 following organizations, chosen from a list of names submitted 7 8 by each of the following organizations: 7 9 a. Two members from the Iowa firemen's association. 7 10 b. Two members from the Iowa fire chiefs' association. 7 11 c. One member from the Iowa association of professional 7 12 fire fighters. 7 13 d. Two members from the Iowa association of professional 7 14 fire chiefs. 7 15 e. One member from the Iowa fire fighters group. 7 16 The ninth member of the council shall be a member of the 7 17 general public appointed by the governor. 7 18 The labor commissioner, or the commissioner's designee, 7 19 shall be a nonvoting ex officio member of the council. 7 20 Members of the council shall hold office commencing July 1, 7 21 2000, for four years and until their successors are appointed, 7 22 except that two initial appointees shall be appointed for two 7 23 years, three initial appointees for three years, and four 7 24 initial appointees for four years. 7 25 The fire marshal or the fire marshal's designee shall 7 26 attend each meeting of the council. 7 27 2. Each voting member of the council shall receive per 7 28 diem compensation at the rate as specified in section 7E.6 for 7 29 each day spent in the performance of the member's duties. All 7 30 members of the council shall receive actual and necessary 7 31 expenses incurred in the performance of their duties. 7 32 3. Five voting members of the council shall constitute a 7 33 quorum. For the purpose of conducting business a majority 7 34 vote of the council shall be required. The council shall 7 35 elect a chairperson from its members. The council shall meet 8 1 at the call of the chairperson, or the state fire marshal, or 8 2 when any five members of the council file a written request 8 3 with the chairperson for a meeting. 8 4 4. If a voting member of the council is absent for fifty 8 5 or more percent of council meetings during any twelve-month 8 6 period, the other council members by their unanimous vote may 8 7 declare the member's position on the council vacant. A 8 8 vacancy in the membership of the council shall be filled by 8 9 appointment of the governor for the balance of the unexpired 8 10 term. 8 11 Sec. 17. NEW SECTION. 100B.2 DUTIES. 8 12 The state fire service council shall: 8 13 1. Advise and confer with the state fire marshal in 8 14 matters relating to fire protection services, including, but 8 15 not limited to, training. 8 16 2. Cooperate with and assist agencies concerning fire 8 17 emergency services matters and may, at the request of the 8 18 state fire marshal or the chairperson of the council, hold 8 19 public hearings for the purpose of seeking resolution of, or 8 20 making recommendations on, fire services issues. 8 21 3. Direct the state fire marshal regarding policies and 8 22 operations of the fire service training bureau of the division 8 23 of fire protection. 8 24 4. Develop and submit to the state fire marshal for 8 25 adoption rules establishing minimum training standards for 8 26 fire service training that will be applicable statewide, 8 27 periodically review these standards and offer rules as deemed 8 28 appropriate. 8 29 5. Provide recommendations to the state fire marshal that 8 30 will facilitate the delivery of basic level fire fighter 8 31 training at the local level. 8 32 6. Provide recommendations to the state fire marshal for a 8 33 fee schedule for training and consultation services as 8 34 necessary for the administration of this chapter. 8 35 7. Develop mechanisms by which fire fighters and others 9 1 may earn college credits and degrees in fire-related 9 2 disciplines. 9 3 8. Develop instructional and educational materials to 9 4 support the fire training and education programs offered by 9 5 the council. 9 6 9. Develop and offer other programs and services 9 7 consistent with the general purposes of the council. 9 8 10. Hear testimony from the labor commissioner, or the 9 9 commissioner's designee, on inspections and investigations 9 10 involving occupational safety and health standards for fire 9 11 fighters and conducted by the office of the labor 9 12 commissioner. 9 13 Sec. 18. NEW SECTION. 100B.3 TRAINING AGREEMENTS. 9 14 The state fire marshal, subject to the approval of the 9 15 state fire service council, may enter into chapter 28E 9 16 agreements with other educational institutions to provide 9 17 training in conjunction with training provided by the fire 9 18 service training bureau or to assist in research conducted by 9 19 the bureau. 9 20 Sec. 19. NEW SECTION. 100B.4 FEES. 9 21 Fees assessed pursuant to this chapter shall be retained by 9 22 the bureau and such repayments received shall be used 9 23 exclusively to offset the cost of fire service training. 9 24 Notwithstanding section 8.33, repayment receipts collected 9 25 by the fire service training bureau that remain unencumbered 9 26 or unobligated at the close of the fiscal year shall not 9 27 revert but shall remain available for expenditure for the 9 28 purposes designated until the close of the succeeding fiscal 9 29 year. 9 30 Sec. 20. NEW SECTION. 100B.5 BUDGET. 9 31 The state fire marshal and the state fire service council 9 32 shall prepare an annual budget for the council and the fire 9 33 service training bureau. The budget shall be transmitted to 9 34 the commissioner of public safety for inclusion in that 9 35 department's budget. 10 1 Sec. 21. NEW SECTION. 100B.6 FIRE SERVICE TRAINING 10 2 BUREAU. 10 3 1. The state fire service council shall assist in 10 4 operation of a fire service training bureau for instructing 10 5 the general public and fire protection personnel throughout 10 6 the state, providing service to public and private fire 10 7 departments in the state, conducting research in the methods 10 8 of maintaining and improving fire education consistent with 10 9 the needs of Iowa communities, and performing any other 10 10 functions assigned to the bureau by the state fire service 10 11 council. 10 12 2. Enrollment and attendance in fire service training 10 13 bureau programs may include persons engaged with a unit of 10 14 government or a public or private fire department in the 10 15 state, including volunteer, trainee, or employed fire 10 16 fighters. 10 17 3. Programs conducted by the fire service training bureau 10 18 shall include at least instruction in the subjects necessary 10 19 for the certification of students in accordance with a 10 20 nationally recognized fire fighter qualification system as 10 21 approved by the state fire service council. At the direction 10 22 of the state fire service council, the fire service training 10 23 bureau may develop and conduct programs which extend beyond 10 24 the programs directly related to such system. 10 25 Sec. 22. NEW SECTION. 100B.7 ADMINISTRATOR – 10 26 APPOINTMENT – DUTIES. 10 27 1. The administrator of the fire service training bureau 10 28 shall be appointed by the commissioner of public safety, 10 29 subject to the approval of the state fire service council. 10 30 2. The administrator shall: 10 31 a. Provide direct oversight to the operations of the fire 10 32 service training bureau. 10 33 b. Manage the budget of the fire service training bureau 10 34 consistent with budgeting methods as may be required by the 10 35 department of public safety or the state of Iowa. 11 1 c. Advise, confer, and consult with the state fire service 11 2 council in developing rules establishing minimum standards for 11 3 fire service training. 11 4 d. Advise, confer, and consult regularly with the state 11 5 fire service council to seek input and recommendations on all 11 6 facets of fire service training programs in Iowa. 11 7 e. Maintain a statewide system to provide basic level fire 11 8 fighter training at the local level. 11 9 f. Distribute instructional and educational materials to 11 10 support the fire training and education programs offered by 11 11 the department of public safety. 11 12 g. Recruit and train qualified instructors for the 11 13 training program. 11 14 h. Maintain training records as directed by the state fire 11 15 marshal and necessary to accomplish the purposes of training 11 16 programs. 11 17 i. Establish and amend, as needed, with the approval of 11 18 the state fire service council, a fee schedule for training 11 19 services that will ensure quality training at the most 11 20 reasonable price. 11 21 j. Offer programs of education and instruction approved by 11 22 the state fire service council and conducted by qualified 11 23 staff and faculty. 11 24 k. Plan and coordinate fire schools and other short 11 25 courses of instruction on a statewide, regional and local 11 26 level, utilizing existing educational institutions, programs, 11 27 and facilities. 11 28 l. Prepare for the state fire marshal and the state fire 11 29 service council an annual report of activities that include a 11 30 summary of classes taught, budget, and staff activities. 11 31 m. Provide supervision and management to the fire service 11 32 training bureau staff consistent with the methods of the 11 33 department of public safety and as assigned by the state fire 11 34 marshal or commissioner of public safety. 11 35 n. Consult with the fire service council in preparing an 12 1 annual legislative and budgetary agenda that will address 12 2 items necessary to accomplish the provisions of this chapter, 12 3 and submit this agenda to the state fire marshal in a format 12 4 and time frame consistent with departmental policy. 12 5 Sec. 23. NEW SECTION. 100B.8 EMPLOYEES. 12 6 Employees of the fire service institute at Iowa state 12 7 university on the effective date of this Act may elect to 12 8 transfer to the department of public safety in a position and 12 9 at a pay range commensurate with their duties as determined by 12 10 the department of personnel, the department of public safety, 12 11 and the employee's certified collective bargaining 12 12 representative. Those employees covered by this section shall 12 13 also be given an opportunity to transfer to a position with 12 14 Iowa state university at a salary and pay range not less than 12 15 they received at the time of the transfer. 12 16 Sec. 24. NEW SECTION. 100B.9 FACILITIES AND EQUIPMENT. 12 17 The building and grounds known as the fire service 12 18 institute at Iowa state university shall, until July 1, 2005, 12 19 be leased by Iowa state university to the department of public 12 20 safety at a cost not to exceed the actual cost of heating, 12 21 lighting, and maintaining the building and grounds. In the 12 22 event the department of public safety locates suitable 12 23 facilities prior to that time, the lease may be terminated at 12 24 the option of the department. All equipment owned by Iowa 12 25 state university and used exclusively to conduct fire service 12 26 training, classes, or business shall transfer on the effective 12 27 date of this Act to the department of public safety. This 12 28 equipment includes, but is not limited to, breathing 12 29 apparatus, fire suppression gear, mobile equipment, office 12 30 furniture, computers, copying machines, library, file 12 31 cabinets, and training records. 12 32 Sec. 25. NEW SECTION. 100B.10 RULES. 12 33 The state fire marshal shall adopt rules under chapter 17A 12 34 for carrying out the responsibilities of this chapter. 12 35 Sec. 26. NEW SECTION. 331.385 POWERS RELATING TO 13 1 EMERGENCY SERVICES. 13 2 1. A county may, by resolution, assume the exercise of the 13 3 powers and duties of township trustees relating to fire 13 4 protection service and emergency medical service for any 13 5 township located in the unincorporated area of the county. 13 6 2. The board of supervisors shall publish notice of the 13 7 proposed resolution, and of a public hearing to be held on the 13 8 proposed resolution, in a newspaper of general circulation in 13 9 the county at least ten days but no more than twenty days 13 10 before the date of the public hearing. 13 11 3. If, after notice and hearing, the resolution is 13 12 adopted, the board of supervisors shall assume the exercise of 13 13 the powers and duties of township trustees relating to fire 13 14 protection service and emergency medical service as set forth 13 15 in sections 359.42 through 359.45. All of the real and 13 16 personal township property used to provide fire protection 13 17 service or emergency medical service shall be transferred to 13 18 the county. The county shall assume all of the outstanding 13 19 obligations of the township relating to fire protection 13 20 service or emergency medical service. If the township 13 21 provides fire protection outside of the county's boundaries, 13 22 the county shall continue to provide fire protection to this 13 23 area for at least ninety days after adoption of the 13 24 resolution. 13 25 4. Fire protection service and emergency medical service 13 26 shall be paid from the emergency services fund of the county 13 27 authorized in section 331.424C. 13 28 Sec. 27. Section 331.403, subsection 1, Code 1999, is 13 29 amended by adding the following new unnumbered paragraph: 13 30 NEW UNNUMBERED PARAGRAPH. The county shall also publish in 13 31 a newspaper of general circulation in the township a summary 13 32 of each financial statement filed by the townships of the 13 33 county with the county auditor pursuant to section 359.23. 13 34 However, if the township has a population of two hundred or 13 35 less, the publication requirement shall be met by posting the 14 1 summary of the financial statement in a prominent place in the 14 2 building where the auditor's office is located. The county 14 3 auditor shall certify the publication costs to the county 14 4 treasurer. The county treasurer shall deduct the publication 14 5 costs from the next disbursement of property taxes to the 14 6 township. 14 7 Sec. 28. Section 331.421, Code 1999, is amended by adding 14 8 the following new subsection: 14 9 NEW SUBSECTION. 10. "Emergency services levy" means a 14 10 levy authorized and limited by section 331.424C. 14 11 Sec. 29. NEW SECTION. 331.424C EMERGENCY SERVICES FUND. 14 12 A county that is providing fire protection service or 14 13 emergency medical service to a township pursuant to section 14 14 331.385 shall establish an emergency services fund and may 14 15 certify taxes not to exceed sixty and three-fourths cents per 14 16 one thousand dollars of the assessed value of taxable property 14 17 located in the township. The county has the authority to use 14 18 a portion of the taxes levied and deposited in the fund for 14 19 the purpose of accumulating moneys to carry out the purposes 14 20 of section 359.43, subsection 3. 14 21 Sec. 30. Section 331.434, subsection 3, Code 1999, is 14 22 amended by adding the following new unnumbered paragraph: 14 23 NEW UNNUMBERED PARAGRAPH. The county shall also publish, 14 24 in the same publication, a summary of each proposed budget 14 25 filed by the townships of the county with the county auditor 14 26 pursuant to section 359.49, subsection 3. However, if the 14 27 township has a population of two hundred or less, the 14 28 publication requirement shall be met by posting the proposed 14 29 budget summary in a prominent place in the building where the 14 30 auditor's office is located. The county auditor shall certify 14 31 the costs of publication to the county treasurer. The county 14 32 treasurer shall deduct the publication costs from the next 14 33 disbursement of property taxes to the township. 14 34 Sec. 31. Section 359.17, Code 1999, is amended to read as 14 35 follows: 15 1 359.17 TRUSTEES – DUTIES – MEETINGS. 15 2 The board of township trustees in each township shall 15 3 consist of three qualified electors of the township. The 15 4 trustees shall act as fence viewers and shall perform other 15 5 duties assigned them by law. The board of trustees shall meet 15 6 not less thanoncetwo times a year. At least one of the 15 7 meetings shall be scheduled to meet the requirements of 15 8 section 359.49. 15 9 Sec. 32. Section 359.20, Code 1999, is amended by adding 15 10 the following new unnumbered paragraph: 15 11 NEW UNNUMBERED PARAGRAPH. Township records and documents, 15 12 or accurate reproduction, shall be kept by the township clerk 15 13 for at least five years except that: 15 14 a. Resolutions, board proceedings, records and documents, 15 15 or accurate reproductions, relating to the issuance of public 15 16 bonds or obligations shall be kept for at least eleven years 15 17 following the final maturity of the bonds or obligations. 15 18 Thereafter, such records, documents, and reproductions may be 15 19 destroyed, preserving confidentiality as necessary. 15 20 b. Resolutions, board proceedings, records, and documents, 15 21 or accurate reproductions, relating to real property 15 22 transactions shall be maintained permanently. 15 23 Sec. 33. Section 359.23, Code 1999, is amended to read as 15 24 follows: 15 25 359.23 RECEIPTS AND EXPENDITURES. 15 26 Each township clerk shall prepare, on or before September 15 27 30 of each year, a statement in writing, showing all receipts 15 28 of money and disbursements in the clerk's office for each 15 29 separate tax levy authorized by law for the preceding fiscal 15 30 year, showing the current public debt of the township, and 15 31 showing the balance as of June 30 of all separate reserve 15 32 accounts held by the township, which shall be certified as 15 33 correct by the trustees of the township. Each township clerk 15 34 shall send a copy of this written statement to the county 15 35 auditor no later than seven days after the statement is 16 1 certified by the trustees. The statement shall be published 16 2 by the county as provided in section 331.403. The county 16 3 treasurer shall withhold disbursement of township taxes until 16 4 the statement is filed with the county auditor. 16 5 Sec. 34. Section 359.43, Code 1999, is amended by adding 16 6 the following new subsection: 16 7 NEW SUBSECTION. 5. Township taxes collected and disbursed 16 8 by the county shall be apportioned by the clerk and paid into 16 9 the separate accounts of the tax districts no later than 16 10 thirty days after receipt of the funds by the township clerk. 16 11 TOWNSHIP FINANCES 16 12 Sec. 35. NEW SECTION. 359.49 TOWNSHIP BUDGET. 16 13 Annually, a township shall prepare and adopt a budget, and 16 14 shall certify taxes as follows: 16 15 1. A budget must be prepared for at least the following 16 16 fiscal year. A proposed budget must show estimates of the 16 17 following: 16 18 a. Expenditures from each fund. 16 19 b. Income from sources other than property taxation. 16 20 c. Amount to be raised by property taxation, and the 16 21 property tax rate expressed in dollars per one thousand 16 22 dollars assessed valuation. 16 23 2. Not less than ten days before the date set for the 16 24 regular meeting of the board at which objections and arguments 16 25 on the budget will be heard, the clerk shall make available a 16 26 sufficient number of copies of the detailed budget to meet the 16 27 requests of taxpayers and organizations, and have them 16 28 available for distribution at the offices of the county 16 29 auditor, city clerk, and at the city library, if any, of all 16 30 the cities in the township. 16 31 3. The board of trustees shall transmit a copy of the 16 32 proposed budget to the county auditor for publication pursuant 16 33 to section 331.434, subsection 3. The board shall set a time 16 34 and place for a regular meeting before final certification 16 35 which shall provide time for a hearing on the budget by the 17 1 trustees. The meeting shall be held no less than ten days and 17 2 no more than twenty days after the summary of the budget is 17 3 published by the county. 17 4 4. At the meeting, any resident or taxpayer of the 17 5 township may present to the board of trustees objections to 17 6 any part of the budget for the following fiscal year or 17 7 arguments in favor of any part of the budget. 17 8 5. After the hearing on the budget, the board of trustees 17 9 shall adopt by resolution a budget for at least the next 17 10 fiscal year, and the clerk shall certify the necessary tax 17 11 levy for the next fiscal year to the county auditor and the 17 12 county board of supervisors by March 15. The tax levy 17 13 certified may be less than but shall not be more than the 17 14 amount estimated in the proposed budget submitted at the 17 15 meeting. Two copies each of the detailed budget as adopted 17 16 and of the certified tax levy must be transmitted to the 17 17 county auditor by March 15. 17 18 6. Taxes from a township levy shall be collected but not 17 19 disbursed by the county to a township until copies of the 17 20 township budget are transmitted to the county auditor as 17 21 required in subsection 5. If copies of a township budget are 17 22 not transmitted by March 15, the amount of taxes collected by 17 23 the county for the township shall be the amount collected for 17 24 the township in the previous fiscal year. However, that 17 25 amount may not exceed the amount the township could collect 17 26 based on property assessments for the previous fiscal year for 17 27 which a budget was not filed. 17 28 Sec. 36. NEW SECTION. 359.50 BUDGET AMENDMENT. 17 29 1. A township budget as finally adopted for the following 17 30 fiscal year becomes effective July 1. A township budget for 17 31 the current fiscal year may be amended for any of the 17 32 following purposes: 17 33 a. To permit the expenditure of unexpended, unencumbered 17 34 cash balances on hand at the end of the preceding fiscal year 17 35 which had not been anticipated in the budget. 18 1 b. To permit the expenditure of amounts anticipated to be 18 2 available from sources other than property taxation, and which 18 3 had not been anticipated in the budget. 18 4 2. A budget amendment must be prepared and adopted by May 18 5 31 of the current fiscal year. 18 6 Sec. 37. NEW SECTION. 359.51 SEPARATE ACCOUNTS. 18 7 A township shall keep separate accounts corresponding to 18 8 the items in the township's adopted or amended budget. A 18 9 township shall keep accounts which provide an accurate and 18 10 detailed statement of all public funds collected, received, or 18 11 expended for any township purpose, by any township officer, 18 12 employee, or other person, and which show the receipt, use, 18 13 and disposition of all township property. 18 14 Sec. 38. NEW SECTION. 359.52 DISPOSAL OF PROPERTY. 18 15 A township shall not dispose of an interest in personal 18 16 property valued over one thousand dollars, or an interest in 18 17 real property, by sale, lease, or gift, except in accordance 18 18 with the following procedure: 18 19 1. The board of trustees shall set forth its proposal in a 18 20 resolution and shall publish notice of the resolution and of a 18 21 date, time, and place of a public hearing on the proposal. 18 22 The notice shall be published in a newspaper published at 18 23 least once weekly and having general circulation in the 18 24 township or in the largest city in the township. The notice 18 25 shall be published no less than ten days and no more than 18 26 twenty days before the hearing. 18 27 2. After the public hearing, the trustees may make a final 18 28 determination on the proposal by resolution. 18 29 3. A township shall not dispose of real property by gift 18 30 except to a governmental body for a public purpose. 18 31 Sec. 39. Section 43.21 and sections 266.40 through 266.46, 18 32 Code 1999, are repealed. 18 33 EXPLANATION 18 34 This bill makes several changes to the Code relating to 18 35 fire protection service and emergency medical service provided 19 1 by townships, cities, and counties. The bill also makes 19 2 several changes to the law relating to townships. The bill 19 3 provides that mutual aid agreements between fire departments 19 4 must be in writing. The bill also provides that a 19 5 municipality which provides fire protection service or 19 6 emergency medical service for a municipality must do so by 19 7 written agreement. The written agreement may provide for 19 8 establishment of a board of directors which makes budget, 19 9 financial, and services decisions relating to fire protection. 19 10 The board is comprised of one member of the governing body of 19 11 each municipality that is a party to the agreement. The 19 12 written agreement shall provide for allocation of funding 19 13 responsibility for the budget among each party to the 19 14 agreement. 19 15 The bill changes the offices of township trustee and 19 16 township clerk to nonpartisan offices. A candidate for a 19 17 township office must file an affidavit of candidacy no more 19 18 than 92 days nor less than 69 days before the general 19 19 election. 19 20 The bill also provides that if no one is nominated to fill 19 21 an office of township trustee or township clerk at a primary 19 22 election and no one is nominated by convention or petition to 19 23 be placed on the general election ballot, the board of 19 24 supervisors may direct the county commissioner of elections to 19 25 remove the affected township office from the general election 19 26 ballot. If the township office is removed from the general 19 27 election ballot, the board of supervisors shall appoint a 19 28 person to the affected office for a two-year term. 19 29 The bill removes the prohibition against a person being a 19 30 candidate for more than one office if one of those is a 19 31 township office. 19 32 The bill provides that employees of the state who are 19 33 volunteer fire fighters or emergency medical service personnel 19 34 are entitled to a paid leave of absence to respond to 19 35 emergency calls or for training. This does not apply to 20 1 temporary state employees or state employees considered to be 20 2 essential personnel. 20 3 The bill establishes the state fire service council in the 20 4 division of fire protection of the department of public 20 5 safety. The council is made up of the members of associations 20 6 representing fire fighters and fire chiefs and the general 20 7 public. The labor commissioner, or the commissioner's 20 8 designee, is an ex officio member of the council. Council 20 9 members are provided per diem compensation and expenses for 20 10 service on the commission. 20 11 The duties of the labor commissioner are amended to provide 20 12 that reports of inspections and investigations conducted by 20 13 the office of labor commissioner shall be presented to the 20 14 state fire service council. 20 15 The fire service institute, renamed the fire service 20 16 training bureau, is moved from under the auspices of Iowa 20 17 state university to the division of fire protection of the 20 18 department of public safety to be operated under the direction 20 19 of the state fire service council. The state fire marshal 20 20 shall appoint an administrator to direct the operations of the 20 21 bureau, subject to the approval of the state fire service 20 22 council and the commissioner of public safety. 20 23 The bill provides that counties may, by resolution, assume 20 24 responsibility for providing fire protection service and 20 25 emergency medical service in any township in the 20 26 unincorporated area of the county. The board would have the 20 27 same powers and duties as township trustees relating to 20 28 providing these emergency services. The service would be paid 20 29 from an emergency services levy of the county. The bill 20 30 allows the board of supervisors to establish an energy 20 31 services fund and to levy an additional 60 3/4 cents per 20 32 $1,000 of assessed value of taxable property in the 20 33 unincorporated area served for fire protection and emergency 20 34 medical service. 20 35 The bill changes the required number of board of township 21 1 trustee meetings from once a year to two times a year and 21 2 requires that at least one of those meetings be scheduled to 21 3 prepare the township budget, hear comments on the budget, and 21 4 finalize the budget. 21 5 The bill requires that township records and documents be 21 6 kept for five years, except that records and documents 21 7 relating to bonds or other indebtedness shall be kept for at 21 8 least 11 years and records and documents relating to real 21 9 property transactions shall be maintained permanently. 21 10 Currently, each township is required to prepare an annual 21 11 financial statement and file the statement with the county 21 12 auditor. The bill requires that the statement show the 21 13 current public debt of the township and the balance of each 21 14 township reserve account. The bill also requires that the 21 15 statement be published by the county when it publishes its 21 16 annual financial report. The statement may be posted rather 21 17 than published if the township has a population of 200 or 21 18 less. The bill provides that a county shall not disburse 21 19 township taxes collected until the financial statement is 21 20 filed with the auditor. 21 21 The bill requires each township to prepare an annual 21 22 budget. A summary of each proposed township budget is to be 21 23 published by the county and the board of trustees is to 21 24 schedule a regular meeting of the board no less than 10 and no 21 25 more than 20 days after the publication to hear comments on 21 26 the budget. The proposed budget summary may be posted rather 21 27 than published if the township has a population of 200 or 21 28 less. The bill requires the township trustees to certify the 21 29 township tax levy to the county board of supervisors and the 21 30 county auditor. The bill also provides that a county shall 21 31 not disburse township taxes collected until copies of the 21 32 township budget are filed with the county auditor. The bill 21 33 directs the county to collect the amount of taxes collected 21 34 for the township in the previous fiscal year if the township 21 35 does not file a copy of its budget by March 15. The bill 22 1 allows a township to amend its budget to permit expenditure of 22 2 unencumbered cash balances on hand and not anticipated in the 22 3 budget and to permit expenditure of amounts anticipated from 22 4 sources other than property tax which were also not 22 5 anticipated in the budget. The bill requires a township to 22 6 keep separate accounts which correspond to its budget. 22 7 The bill requires townships to follow certain procedures 22 8 when disposing of personal property valued over $1,000 or real 22 9 property, by sale, lease, or gift. The board of township 22 10 trustees must adopt a resolution regarding disposal of the 22 11 property and must publish notice of the resolution and of a 22 12 public hearing on the proposal to dispose of the property. 22 13 The bill prohibits a township from disposing of real property 22 14 by gift, except to a governmental body for a public purpose. 22 15 LSB 5184SS 78 22 16 sc/as/5.1
Text: SF02070 Text: SF02072 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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