Text: HF00175 Text: HF00177 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.322, subsection 14, Code 2003, is 1 2 amended by striking the subsection. 1 3 Sec. 2. Section 331.385, subsections 2 and 3, Code 2003, 1 4 are amended to read as follows: 1 5 2. The board of supervisors shall publish notice of the 1 6 proposed resolution, and of a public hearing to be held on the 1 7 proposed resolution, in a newspaper of general circulation in 1 8 the county at least ten days but no more than twenty days 1 9 before the date of the public hearing. If, after notice and 1 10 hearing, the resolution is adopted, the board of supervisors 1 11 shall assume the exercise of the powers and duties of township 1 12 trustees relating to fire protection service and emergency 1 13 medical service as set forth in sections 359.42 through 1 14 359.45. 1 15 3.If, after notice and hearing, the resolution is1 16adopted, the board of supervisors shall assume the exercise of1 17the powers and duties of township trustees relating to fire1 18protection service and emergency medical service as set forth1 19in sections 359.42 through 359.45.All of the real and 1 20 personal township property used to provide fire protection 1 21 service or emergency medical service shall be transferred to 1 22 the county. The county shall assume all of the outstanding 1 23 obligations of the township relating to fire protection 1 24 service or emergency medical service. If the township 1 25 provides fire protection outside of the county's boundaries, 1 26 the county shall continue to provide fire protection to this 1 27 area for at least ninety days after adoption of the 1 28 resolution. 1 29 Sec. 3. Section 331.385, Code 2003, is amended by adding 1 30 the following new subsection: 1 31 NEW SUBSECTION. 5. Notwithstanding subsections 1 and 2, 1 32 if section 359.45A applies, a county shall provide fire 1 33 protection service and emergency medical service for a 1 34 township. 1 35 Sec. 4. NEW SECTION. 359.45A EMERGENCY SERVICES PROVIDED 2 1 BY COUNTY. 2 2 If, as of January 1, 2003, a township is not operating its 2 3 own township fire department, the county where the township is 2 4 located shall assume the exercise of all powers and duties of 2 5 the township relating to fire protection service and emergency 2 6 medical service beginning with the fiscal year beginning July 2 7 1, 2004. The county may contract with another township, a 2 8 benefited fire district, a county, or a city for fire 2 9 protection service and emergency medical service for the 2 10 township. However, any contract in force at the time the 2 11 county assumes responsibility for fire protection service and 2 12 emergency medical service shall remain in effect until its 2 13 expiration. Fire protection service and emergency medical 2 14 service shall be paid for by the county as provided in section 2 15 331.385. 2 16 Sec. 5. Section 359.46, Code 2003, is amended to read as 2 17 follows: 2 18 359.46 COMPENSATION OF TOWNSHIP TRUSTEES. 2 19 1. A township trustee while engaged in official business 2 20 shall be compensated at an hourly rate established by the 2 21county board of supervisorstrustees. However, thecounty2 22board of supervisorstrustees may establish a minimum daily 2 23 pay rate for the time spent by a township trustee attending a 2 24 scheduled meeting of township trustees. The compensation 2 25 shall be paidbyfrom thecountyadministration fund 2 26 established in section 359.48 except: 2 27 a. When the trustee is assessing damages done by 2 28 trespassing animals, payment of the compensation shall be made 2 29 in the same manner as other costs in such cases. 2 30 b. When the trustee is acting as a fence viewer or in a 2 31 case where provision is made for payment from a source other 2 32 than thegeneraladministration fund of thecountytownship. 2 33 2. In cases where their fees or compensation are not paid 2 34byfrom thecountyadministration fund, the trustees shall be 2 35 paid by the party requiring their services. The trustees 3 1 shall attach to the report of their proceedings a statement 3 2 specifying their services, directing who shall pay the fees or 3 3 compensation, and specifying the amount to be paid by each 3 4 party. A party who makes advance payment for the services of 3 5 the trustees may take legal action to recover the amount of 3 6 the payment from the party who is directed to pay by the 3 7 trustees unless the party entitled to recovery under this 3 8 subsection is paid within ten days after a demand for 3 9 reimbursement is made. 3 10 Sec. 6. NEW SECTION. 359.48 ADMINISTRATION FUND. 3 11 A township shall establish an administration fund and may 3 12 certify a tax levy sufficient to pay administrative costs as 3 13 provided in sections 359.46 and 359.47. 3 14 Sec. 7. Section 359.49, subsection 9, Code 2003, is 3 15 amended to read as follows: 3 16 9.Taxes from a township levy shall be collected but not3 17disbursed by the county to a township until copies of the3 18township budget are transmitted to the county auditor as3 19required in subsection 7.If a township fails to certify 3 20 property taxes by March 15, the amount of taxes collected by 3 21 the county for the township shall be the amount collected for 3 22 the township in the previous fiscal year to the extent that it 3 23 does not exceed the applicable levy rate limits in this 3 24 chapter. However, that amountmayshall not exceed the amount 3 25 the township could collect based on property assessments for 3 26 the fiscal year for which the township failed to certify 3 27 property taxes. 3 28 EXPLANATION 3 29 This bill makes changes to the law relating to township 3 30 emergency services, compensation of township officers, and 3 31 township budgets. 3 32 The bill provides that if, as of January 1, 2003, a 3 33 township is not operating its own fire department, the county 3 34 where the township is located shall assume all the powers and 3 35 duties of the township relating to fire protection service and 4 1 emergency medical service beginning with the fiscal year 4 2 beginning July 1, 2004. The county may contract for fire 4 3 protection and emergency medical services. 4 4 The bill also requires a township to establish an 4 5 administration fund for paying compensation of township 4 6 trustees and the township clerk. The township is to levy 4 7 property taxes sufficient to pay such administrative costs. 4 8 The bill strikes the requirement that the county set the rate 4 9 of compensation and pay the compensation of the trustees and 4 10 clerks and requires that the trustees set the rate of 4 11 compensation. 4 12 The bill strikes the requirement that a county is not to 4 13 disburse a township's taxes until copies of the township 4 14 budget are transmitted to the county auditor. 4 15 LSB 1905HH 80 4 16 sc/sh/8.1
Text: HF00175 Text: HF00177 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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