Senate File 2415 - Enrolled PAG LIN 1 1 SENATE FILE 2415 1 2 1 3 AN ACT 1 4 ALLOWING CERTAIN COUNTIES TO PARTICIPATE IN A PILOT PROJECT FOR 1 5 EMERGENCY RESPONSE DISTRICTS AND PROVIDING FOR A DISTRICT 1 6 TAX LEVY. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. NEW SECTION. 357I.1 AUTHORIZATION AND 1 11 PURPOSE. 1 12 This chapter authorizes a pilot project for which a county 1 13 of the state may establish an emergency response district. 1 14 The purpose of this chapter is to provide a county within 1 15 the state an opportunity to participate in a pilot project 1 16 having a new governance structure to facilitate the delivery 1 17 and funding of fire protection service and emergency medical 1 18 service to residents of the county. 1 19 Sec. 2. NEW SECTION. 357I.2 DEFINITIONS. 1 20 As used in this chapter, unless the context otherwise 1 21 requires: 1 22 1. "Board" means the board of supervisors of a county. 1 23 2. "Commission" means a governing body composed of a 1 24 member of the board of supervisors, the sheriff, and the mayor 1 25 from each city within the district. A member of the 1 26 commission shall not appoint a designee to serve on the 1 27 commission in the member's capacity. 1 28 3. "District" means an emergency response district. 1 29 Sec. 3. NEW SECTION. 357I.3 MOTION FOR PUBLIC HEARING. 1 30 1. The board of supervisors of any county having a 1 31 population of at least sixteen thousand nine hundred 1 32 twenty=five but not more than sixteen thousand nine hundred 1 33 fifty, according to the 2000 certified federal census, shall, 1 34 on the board's own motion, hold a public hearing concerning 1 35 the establishment of a proposed district. The motion shall 2 1 include a statement containing the following information: 2 2 a. The need for fire protection service and emergency 2 3 medical service. 2 4 b. The geographic boundaries of the district to be served. 2 5 c. The approximate number of families in the district. 2 6 d. The proposed personnel, equipment, and facilities to 2 7 provide the fire protection service and emergency medical 2 8 service. 2 9 2. The board of supervisors shall notify the state fire 2 10 marshal's office that a motion has been adopted to form a 2 11 district. 2 12 Sec. 4. NEW SECTION. 357I.4 DISTRICT. 2 13 The boundary lines of a district may include any 2 14 incorporated or unincorporated areas within a county. 2 15 Sec. 5. NEW SECTION. 357I.5 TIME OF HEARING. 2 16 The public hearing required in section 357I.3 shall be held 2 17 within thirty days of the adoption of the motion. Notice of 2 18 hearing shall be given by publication in two successive issues 2 19 of any newspaper of general circulation within the district. 2 20 The last publication shall be not less than one week before 2 21 the proposed hearing. 2 22 Sec. 6. NEW SECTION. 357I.6 DISTRICT ESTABLISHED == PLAN 2 23 == PILOT AUTHORIZED. 2 24 1. Within ten days after the hearing, the board shall 2 25 adopt a resolution establishing the district or abandoning the 2 26 board's motion. 2 27 2. Within ten days after establishing a district, the 2 28 board shall submit a plan to the state fire marshal's office 2 29 and the county finance committee. The plan shall include all 2 30 of the following: 2 31 a. Personnel, equipment, facilities, and other available 2 32 resources that may be shared by all of the various fire 2 33 departments and emergency medical service providers within the 2 34 district. 2 35 b. Financial information demonstrating the ability to 3 1 provide fire protection service and emergency medical service 3 2 to the residents of the district. 3 3 c. A plan for transition of delivery and funding of fire 3 4 protection service and emergency medical service to the new 3 5 district. 3 6 d. A plan for the dissolution of the district and a plan 3 7 for the allocation of any assets acquired by the district in 3 8 the event of dissolution. 3 9 3. The county finance committee shall review the 3 10 district's financial information, including revenues, 3 11 expenditures, and budget items as well as the financial 3 12 implications and plan for transitioning to a new financing 3 13 structure. Within thirty days after receiving the plan, the 3 14 county finance committee shall report its findings to the 3 15 state fire marshal. 3 16 4. The state fire marshal shall consider the county 3 17 finance committee's findings and review the district's 3 18 personnel, equipment, facilities, and other available 3 19 resources that may be shared by all of the various fire 3 20 departments and emergency medical service providers as well as 3 21 the practical considerations and plan for transitioning to a 3 22 new structure for delivering fire protection service and 3 23 emergency medical service to the district. The state fire 3 24 marshal shall determine whether the district can successfully 3 25 deliver fire protection service and emergency medical service 3 26 throughout the district. 3 27 5. Within sixty days of receiving the board's plan, the 3 28 state fire marshal shall notify the board whether the board's 3 29 plan is approved. 3 30 Sec. 7. NEW SECTION. 357I.7 PILOT PROJECT == FIVE YEARS 3 31 == REPORT. 3 32 1. A district established by the board and having a plan 3 33 approved by the state fire marshal under section 357I.6 is 3 34 authorized to proceed and continue as a pilot project for five 3 35 years beginning on July 1 of the fiscal year following the 4 1 date of the board's resolution establishing the district. 4 2 However, if the date of the board's action falls after 4 3 November 1, the pilot project shall not begin until July 1 of 4 4 the fiscal year subsequent to the next following fiscal year. 4 5 2. The commission shall submit an annual report to the 4 6 state fire marshal summarizing the results of the pilot 4 7 project, including the strengths of the project, whether 4 8 delivery of fire protection service and emergency medical 4 9 service was improved throughout the district, and additional 4 10 measures needed to improve the delivery of such services. 4 11 3. The fourth annual report prepared by the commission 4 12 under subsection 2 shall also be submitted to the governor and 4 13 the general assembly. It is the intent of the general 4 14 assembly to use that report to determine whether to continue 4 15 the pilot project, revise it, terminate it, or implement the 4 16 pilot project provisions or a similar approach statewide. 4 17 Sec. 8. NEW SECTION. 357I.8 ENGINEER. 4 18 1. When the pilot project is approved, the board shall 4 19 appoint a civil engineer or county engineer who shall prepare 4 20 a preliminary plat showing: 4 21 a. The proper design in general outline of the district. 4 22 b. The lots and parcels of land within the proposed 4 23 district as they appear on the county auditor's plat books 4 24 with the names of the owners. 4 25 c. The assessed valuation of the lots and parcels. 4 26 2. The board shall determine the compensation for the 4 27 engineer's preliminary investigation. The engineer shall file 4 28 a report with the county auditor within thirty days of 4 29 appointment. The board may extend the time upon good cause 4 30 shown. 4 31 Sec. 9. NEW SECTION. 357I.9 HEARING ON ENGINEER'S 4 32 REPORT. 4 33 After the engineer's report is filed, the board shall give 4 34 notice, as provided in section 357I.5, of a public hearing to 4 35 be held concerning the engineer's preliminary plat. Within 5 1 ten days after the hearing, the board shall, by resolution, 5 2 approve or disapprove the engineer's plan. 5 3 Sec. 10. NEW SECTION. 357I.10 APPROVAL OF DISTRICT 5 4 PROPERTY TAX LEVY. 5 5 Annually, the commission shall propose the levy of a tax of 5 6 not more than one dollar and sixty and three=quarters cents 5 7 per one thousand dollars of assessed value on all taxable 5 8 property within the district. A proposed property tax levy 5 9 rate shall not be approved by the commission unless two=thirds 5 10 of the commission's members are present when the proposed 5 11 property tax levy rate is approved. The commission shall hold 5 12 a public hearing within thirty days of the commission's 5 13 approval of a proposed property tax levy rate to receive 5 14 public comment. Notice of the hearing shall be given by 5 15 publication in a newspaper of general circulation within the 5 16 district and shall be posted in a public place in each city 5 17 within the district no less than ten days before the public 5 18 hearing. The notice shall include the commission's proposed 5 19 property tax levy rate, the reason for the tax, and the time 5 20 when and the place where the hearing shall be held. The 5 21 commission shall be considered a municipality for purposes of 5 22 adopting and certifying a budget pursuant to chapter 24 and 5 23 shall set the property tax levy rate no more than ten days 5 24 following the public hearing. The tax shall be set to raise 5 25 only the amount needed. The commission shall have exclusive 5 26 tax=levying authority for the district. 5 27 Sec. 11. NEW SECTION. 357I.11 GOVERNANCE AUTHORITY == 5 28 COMMISSION. 5 29 The district shall be governed by a commission, as defined 5 30 in section 357I.2. 5 31 Sec. 12. NEW SECTION. 357I.12 COMMISSION POWERS. 5 32 1. The commission may purchase, own, rent, or maintain 5 33 fire and emergency medical services apparatus or equipment 5 34 within the state or outside the territorial jurisdiction and 5 35 boundary limits of this state, provide housing for such 6 1 apparatus and equipment, provide fire protection service and 6 2 emergency medical service and facilities, and may certify for 6 3 levy an annual tax as provided in section 357I.10. The 6 4 commission may purchase material, employ fire protection 6 5 service personnel, emergency medical service personnel, and 6 6 other personnel, and may perform all other acts necessary to 6 7 properly maintain and operate the district. The commission 6 8 may contract under chapter 28E with any city or county or 6 9 public or private agency that is not a member of the district 6 10 for the purpose of providing fire protection service or 6 11 emergency medical service under this chapter. The 6 12 commissioners are allowed necessary expenses in the discharge 6 13 of their duties. 6 14 2. The commission shall draw the boundaries of fire and 6 15 emergency medical services areas within the district to be 6 16 assigned to various fire departments and stations throughout 6 17 the district. 6 18 Sec. 13. NEW SECTION. 357I.13 DISTRICT FIRE CHIEF. 6 19 The commission shall appoint a district fire chief who 6 20 shall serve at the pleasure of the commission and shall be 6 21 responsible for the coordination of fire protection service 6 22 and emergency medical service throughout the district. 6 23 Sec. 14. NEW SECTION. 357I.14 FIRE CHIEFS. 6 24 The district fire chief shall appoint an assistant fire 6 25 chief for each existing fire department and station within the 6 26 district who shall be responsible for delivery of fire 6 27 protection service and emergency medical service within the 6 28 areas designated by the commission pursuant to section 6 29 357I.12. 6 30 Sec. 15. NEW SECTION. 357I.15 CITIES WITHIN THE 6 31 DISTRICT. 6 32 If a city is included in a district, the maximum tax levy 6 33 authorized for the general fund of that city under section 6 34 384.1 shall be reduced by the amount of the tax rate levied 6 35 within the city by the district. Such city shall not be 7 1 responsible for providing fire protection service and 7 2 emergency medical service as provided in section 364.16, and 7 3 shall have no liability for the method, manner, or means by 7 4 which the district provides the fire protection service and 7 5 emergency medical service. 7 6 Sec. 16. NEW SECTION. 357I.16 BONDS IN ANTICIPATION OF 7 7 REVENUE. 7 8 A district may anticipate the collection of taxes by the 7 9 levy authorized in section 357I.10, and to carry out the 7 10 purposes of this chapter may issue bonds payable in not more 7 11 than ten equal installments with the rate of interest not 7 12 exceeding that permitted by chapter 74A. An indebtedness 7 13 shall not be incurred under this chapter until authorized by 7 14 an election. The election shall be conducted by the county 7 15 commissioner of elections pursuant to chapters 39 through 53. 7 16 The commission shall give the county commissioner of elections 7 17 thirty=two days' notice of the special election. 7 18 Sec. 17. NEW SECTION. 357I.17 TRANSITION == TOWNSHIP TAX 7 19 DISCONTINUED. 7 20 When the boundary lines of the district include all or a 7 21 portion of a township and the district has certified a tax 7 22 levy within the township for the purpose of fire protection 7 23 service and emergency medical service, the township trustees 7 24 shall no longer levy the tax provided by section 359.43 in 7 25 that portion of the township provided services by the 7 26 district. Any indebtedness incurred for the purposes of 7 27 sections 359.42 through 359.45 for a service now provided by 7 28 the district shall be assumed by the district. Such township 7 29 shall not be responsible for providing fire protection service 7 30 and emergency medical service as provided in section 359.42 7 31 for the portion of the township within the district, and shall 7 32 have no liability for the method, manner, or means by which 7 33 the district provides the fire protection service and 7 34 emergency medical service. 7 35 Sec. 18. NEW SECTION. 357I.18 TRANSITION == EMERGENCY 8 1 MEDICAL SERVICES DISTRICT TAXES DISCONTINUED. 8 2 When the boundary lines of the emergency response district 8 3 include all or a portion of an emergency medical services 8 4 district under chapter 357F or chapter 357G and the emergency 8 5 response district has certified a tax to be levied on property 8 6 located within the emergency medical services district for the 8 7 purpose of emergency medical service, the emergency medical 8 8 services district trustees shall no longer levy the taxes 8 9 authorized in section 357F.8 or section 357G.8 in that portion 8 10 of such emergency medical services district that is provided 8 11 services by the emergency response district. Any indebtedness 8 12 incurred by an emergency medical services district under 8 13 chapter 357F or chapter 357G for a service now provided by the 8 14 emergency response district shall be assumed by the emergency 8 15 response district. 8 16 8 17 8 18 8 19 JOHN P. KIBBIE 8 20 President of the Senate 8 21 8 22 8 23 8 24 PATRICK J. MURPHY 8 25 Speaker of the House 8 26 8 27 I hereby certify that this bill originated in the Senate and 8 28 is known as Senate File 2415, Eighty=second General Assembly. 8 29 8 30 8 31 8 32 MICHAEL E. MARSHALL 8 33 Secretary of the Senate 8 34 Approved , 2008 8 35 9 1 9 2 9 3 CHESTER J. CULVER 9 4 Governor