House File 671 - Enrolled




                                             HOUSE FILE 671

                             AN ACT
 RELATING TO PUBLIC SAFETY BY PROVIDING VOLUNTEER EMERGENCY
    SERVICES PROVIDERS PROTECTION FROM EMPLOYMENT TERMINATION,
    PROVIDING FOR THE MEMBERSHIP OF THE PUBLIC SAFETY
    COMMUNICATIONS INTEROPERABILITY BOARD, PROVIDING FOR
    MODIFICATIONS IN THE BOUNDARIES OF EMERGENCY RESPONSE
    DISTRICTS, AND INCLUDING EFFECTIVE AND RETROACTIVE
    APPLICABILITY DATE PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 80.28, subsection 2, paragraph b,
 unnumbered paragraph 1, Code 2009, as amended by 2009 Iowa
 Acts, Senate File 108, section 1, is amended to read as
 follows:
    The following members, to be appointed by the governor from
 nominees submitted by volunteer and professional organizations
 associated with the following The governor shall solicit and
 consider recommendations from professional or volunteer
 organizations in appointing the following members:
    Sec. 2.  NEW SECTION.  100B.14  VOLUNTEER JOB PROTECTION.
    1.  This section shall be known as the "Volunteer Emergency
 Services Providers Job Protection Act".
    2.  For the purposes of this section, "volunteer emergency
 services provider" means a volunteer fire fighter as defined
 in section 85.61, a reserve peace officer as defined in
 section 80D.1A, an emergency medical care provider as defined
 in section 147A.1, or other personnel having voluntary
 emergency service duties and who are not paid full=time by the
 entity for which the services are performed in the local
 service area, in a mutual aid agreement area, or in a
 governor=declared state of disaster emergency area.
    3.  A public or private employer shall not terminate the
 employment of an employee for joining a volunteer emergency
 services unit or organization, including but not limited to
 any municipal, rural, or subscription fire department.
    4.  If an employee has provided the employee's public or
 private employer with written notification that the employee
 is a volunteer emergency services provider, the employer shall
 not terminate the employment of a volunteer emergency services
 provider who, because the employee was fulfilling the
 employee's duties as a volunteer emergency services provider,
 is absent from or late to work.
    5.  An employer may deduct from an employee's regular pay
 an amount of regular pay for the time that an employee who is
 a volunteer emergency services provider is absent from work
 while performing duties as a volunteer emergency services
 provider.
    6.  An employer may request that an employee who is a
 volunteer emergency services provider and who is absent from
 or late to work while responding to an emergency provide the
 employer with a written statement from the supervisor or
 acting supervisor of the volunteer emergency services unit or
 organization stating that the employee responded to an
 emergency and stating the date and time of the emergency.
    7.  An employee who is a volunteer emergency services
 provider and who may be absent from or late to work while
 performing duties as a volunteer emergency services provider
 shall notify the employer as soon as possible that the
 employee may be absent or late.
    8.  An employer shall determine whether an employee may
 leave work to respond to an emergency as part of the
 employee's volunteer emergency services provider duties.
    9.  An employee whose employment is terminated in violation
 of this section may bring a civil action against the employer.
 The employee may seek reinstatement to the employee's former
 position, payment of back wages, reinstatement of fringe
 benefits, and, where seniority rights are granted,
 reinstatement of seniority rights.  If the employee prevails
 in such an action, the employee shall be entitled to an award
 of reasonable attorney fees and the costs of the action.  An
 employee must commence such an action within one year after
 the date of termination of the employee's employment.
    Sec. 3.  Section 357J.4, Code 2009, is amended to read as
 follows:
    357J.4  DISTRICT == BOUNDARY CHANGES.
    1.  The boundary lines of a district may include any
 incorporated or unincorporated areas within a county.
    2.  The boundary lines of a district shall not be changed
 after the district is established except as provided in this
 subsection.
    a.  The boundary lines of a district shall be changed and
 shall become effective immediately upon approval of all of the
 following:
    (1)  The commission.
    (2)  The board of township trustees of the area proposed to
 be included or excluded from the district.
    (3)  The district fire chief.
    (4)  The assistant fire chief who is responsible for
 delivery of fire protection service and emergency medical
 service within the area proposed to be excluded from the
 district, if applicable.
    (5)  The fire chief of a fire department in the area
 proposed to be included in the district, if applicable.
    b.  The boundary lines of a district shall be changed to
 exclude a city or the unincorporated areas of a township if
 the commission receives a written request from the governing
 body of the city or the board of township trustees, as
 applicable, requesting exclusion from the district.  However,
 a boundary change under this paragraph shall become effective
 no earlier than eighteen months following receipt of the
 written request.
    Sec. 4.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
 The section of this Act amending section 80.28, being deemed
 of immediate importance, takes effect upon enactment and
 applies retroactively to March 19, 2009.  The section of this
 Act amending section 357J.4, being deemed of immediate
 importance, takes effect upon enactment and applies
 retroactively to July 1, 2008.


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House


                                                             
                               JOHN P. KIBBIE
                               President of the Senate

    I hereby certify that this bill originated in the House and
 is known as House File 671, Eighty=third General Assembly.


                                                             
                               MARK BRANDSGARD
                               Chief Clerk of the House
 Approved                , 2009


                            
 CHESTER J. CULVER
 Governor

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