Text: HF02476 Text: HF02478 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.385, subsections 2 and 3, Code 1 2 2003, are amended to read as follows: 1 3 2. The board of supervisors shall publish notice of the 1 4 proposed resolution, and of a public hearing to be held on the 1 5 proposed resolution, in a newspaper of general circulation in 1 6 the county at least ten days but no more than twenty days 1 7 before the date of the public hearing. If, after notice and 1 8 hearing, the resolution is adopted, the board of supervisors 1 9 shall assume the exercise of the powers and duties of township 1 10 trustees relating to fire protection service and emergency 1 11 medical service as set forth in sections 359.42 through 1 12 359.45. 1 13 3.If, after notice and hearing, the resolution is1 14adopted, the board of supervisors shall assume the exercise of1 15the powers and duties of township trustees relating to fire1 16protection service and emergency medical service as set forth1 17in sections 359.42 through 359.45.All of the real and 1 18 personal township property used to provide fire protection 1 19 service or emergency medical service shall be transferred to 1 20 the county. The county shall assume all of the outstanding 1 21 obligations of the township relating to fire protection 1 22 service or emergency medical service. If the township 1 23 provides fire protection outside of the county's boundaries, 1 24 the county shall continue to provide fire protection to this 1 25 area for at least ninety days after adoption of the 1 26 resolution. 1 27 Sec. 2. Section 331.385, Code 2003, is amended by adding 1 28 the following new subsection: 1 29 NEW SUBSECTION. 5. a. Notwithstanding subsection 1, in a 1 30 county having a population in excess of three hundred 1 31 thousand, if as of July 1, 2004, a township has in force an 1 32 agreement pursuant to chapter 28E for a city or another 1 33 township to provide fire protection service or fire protection 1 34 service and emergency medical services, or if a township is 1 35 otherwise contracting with a city or another township for fire 2 1 protection service or fire protection service and emergency 2 2 medical services, the agreement or contract shall remain in 2 3 force for the fiscal years beginning July 1, 2005, and July 1, 2 4 2006, and it shall be the duty of the county board of 2 5 supervisors to levy, pursuant to section 331.424C, for those 2 6 two fiscal years an amount sufficient to meet the obligations 2 7 of the township as it pertains to that agreement or contract. 2 8 b. The board of supervisors of a county described in 2 9 paragraph "a" shall negotiate agreements pursuant to chapter 2 10 28E for continued fire protection service, or fire protection 2 11 service and emergency medical services, for the fiscal year 2 12 beginning July 1, 2007, and subsequent fiscal years, on behalf 2 13 of those townships described in paragraph "a", and shall 2 14 continue to certify taxes for levy in the township, pursuant 2 15 to section 331.424C, in amounts sufficient to meet the 2 16 financial obligations pertaining to those agreements. 2 17 Sec. 3. Section 331.424C, Code Supplement 2003, is amended 2 18 to read as follows: 2 19 331.424C EMERGENCY SERVICES FUND. 2 20 A county that is providing fire protection service or 2 21 emergency medical service to a township pursuant to section 2 22 331.385 shall establish an emergency services fund and may 2 23 certify taxes for levy in the township not to exceed sixty and 2 24 three-fourths cents per one thousand dollars of the assessed 2 25 value of taxable property located in the township. The county 2 26 has the authority to use a portion of the taxes levied and 2 27 deposited in the fund for the purpose of accumulating moneys 2 28 to carry out the purposes of section 359.43, subsection 4. 2 29 Sec. 4. Section 357B.5, subsection 1, Code 2003, is 2 30 amended to read as follows: 2 31 1. Upon petition of a number of registered voters residing 2 32 in a district at least equal to thirty-five percent of the 2 33 property taxpayers in the district, the board of supervisors 2 34 may dissolve a benefited fire district and dispose of any 2 35 remaining property, the proceeds of which shall first be 3 1 applied against any outstanding obligation of the district. 3 2 Any remaining balance shall be applied as a tax credit for the 3 3 property owners of the district. However, except as provided 3 4 in subsection 2, if all or a part of a district is annexed, 3 5 the board of supervisors may transfer the remaining property 3 6 and balance to the city which annexed the territory. The 3 7 board of supervisors shall continue to levy an annual tax 3 8 during the time the district is being dissolved and after the 3 9 dissolution of a district, not to exceedforty and one-half3 10 sixty and three-fourths cents per thousand dollars of assessed 3 11 value of the taxable property of the district, until all 3 12 outstanding obligations of the district are paid. 3 13 Sec. 5. Section 359.42, Code 2003, is amended to read as 3 14 follows: 3 15 359.42 TOWNSHIP FIRE PROTECTION SERVICE, EMERGENCY WARNING 3 16 SYSTEM, AND EMERGENCY MEDICAL SERVICE. 3 17TheExcept as otherwise provided in section 331.385, the 3 18 trustees of each township shall provide fire protection 3 19 service for the township, exclusive of any part of the 3 20 township within a benefited fire district and may provide 3 21 emergency medical service. The trustees may purchase, own, 3 22 rent, or maintain fire protection service or emergency medical 3 23 service apparatus or equipment or both kinds of apparatus or 3 24 equipment and provide housing for the equipment. The trustees 3 25 of a township which is located within a county having a 3 26 population of three hundred thousand or more may also 3 27 establish and maintain an emergency warning system within the 3 28 township. The trustees may contract with a public or private 3 29 agency under chapter 28E for the purpose of providing any 3 30 service or system required or authorized under this section. 3 31 Sec. 6. NEW SECTION. 359.44 AUTHORITY TO ASSESS FEE TO 3 32 PROPERTY OWNER FOR FIRE PROTECTION SERVICE. 3 33 1. If a township has no township fire department and the 3 34 board of trustees has not entered into an agreement under 3 35 chapter 28E for fire protection service for the township, or 4 1 has not otherwise contracted for fire protection service for 4 2 the township, fire departments providing fire protection 4 3 service in the township may assess the owner of the property a 4 4 fee for fire protection service actually provided to the 4 5 property. 4 6 2. The state fire service and emergency response council 4 7 shall develop guidelines for fire departments to follow when 4 8 assessing property owners fees for fire protection service 4 9 actually provided pursuant to subsection 1. 4 10 3. A fee assessed pursuant to subsection 1 that remains 4 11 unpaid six months after the property owner was notified of the 4 12 fee shall be treated as delinquent property taxes pursuant to 4 13 chapters 446 through 448. 4 14 4. A fee for fire protection service authorized under this 4 15 section shall not be charged for fire protection service 4 16 provided to property exempt from taxation pursuant to section 4 17 427.1, except for property receiving a property tax exemption 4 18 pursuant to section 427.1, subsections 11, 19, 20, 22 through 4 19 24, 29, and 30. 4 20 Sec. 7. BUDGET CERTIFICATION DEADLINE FOR CERTAIN 4 21 TOWNSHIPS FOR FISCAL YEAR 2004-2005. If a township board of 4 22 trustees did not have a sufficient membership to constitute a 4 23 quorum to conduct business, and the board of supervisors of 4 24 the county where the township is located did not appoint a 4 25 sufficient number of trustees to conduct business until after 4 26 February 15, 2004, but before March 15, 2004, the deadline for 4 27 certification of the township budget for the fiscal year 4 28 beginning July 1, 2004, shall be April 15, 2004. All budget 4 29 appeal time limits shall be extended to correspond to the 4 30 budget certification deadline under this section. 4 31 Sec. 8. EFFECTIVE AND APPLICABILITY DATES. Sections 4, 6, 4 32 and 7 of this Act, being deemed of immediate importance, take 4 33 effect upon enactment and shall apply as follows: 4 34 1. Section 4 applies to fiscal years beginning on or after 4 35 July 1, 2004. 5 1 2. Section 6 applies to fire protection service provided 5 2 on or after the effective date of the section. 5 3 EXPLANATION 5 4 This bill makes changes to the law relating to fire 5 5 protection service by cities, counties, townships, and 5 6 benefited fire districts. 5 7 The bill also provides that in a county with a population 5 8 of more than 300,000, fire protection or fire protection and 5 9 emergency medical services agreements or contracts between a 5 10 township and a city or another township that are in force on 5 11 July 1, 2004, shall remain in force for fiscal years 2005-2006 5 12 and 2006-2007. Thereafter, the county shall negotiate 5 13 agreements for fire protection or fire protection and 5 14 emergency medical services on behalf of those townships and 5 15 shall levy amounts sufficient to meet the obligations under 5 16 the agreements. 5 17 The bill specifies that the fire protection levy certified 5 18 by a county for fire protection services shall be imposed in 5 19 the township for which powers and duties of the township 5 20 trustees relating to fire protection service have been assumed 5 21 by the county board of supervisors. 5 22 The bill provides that during the process of dissolving a 5 23 benefited fire district, the board of supervisors where the 5 24 district is located shall continue to levy an annual tax for 5 25 fire protection service in the district. The bill increases 5 26 the maximum annual tax to be levied during and after 5 27 dissolution from 40 1/2 cents to 60 3/4 cents per $1,000 of 5 28 assessed value of taxable property. This section of the bill 5 29 takes effect upon enactment. 5 30 The bill authorizes fire departments that provide fire 5 31 protection service in townships where there is no township 5 32 fire department and the townships trustees have not entered 5 33 into an agreement for, or otherwise contracted for, fire 5 34 protection service to assess a fee to a property owner for 5 35 fire protection service actually provided to the owner's 6 1 property. The bill makes the fee inapplicable to certain tax- 6 2 exempt property. The bill requires the state fire service and 6 3 emergency response council to develop guidelines for fire 6 4 departments to follow when assessing fees to property owners. 6 5 The bill further provides that unpaid fire protection fees 6 6 shall be treated as unpaid property taxes. This section of 6 7 the bill takes effect upon enactment. 6 8 The bill delays the budget certification deadline for a 6 9 township to April 15 for the fiscal year beginning July 1, 6 10 2004, if the township lacked a quorum of trustees to conduct 6 11 business and the necessary trustee was not appointed until 6 12 after February 15, 2004, but before March 15, 2004. This 6 13 section of the bill takes effect upon enactment. 6 14 LSB 6453HV 80 6 15 sc/pj/5
Text: HF02476 Text: HF02478 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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