House File 176
HOUSE FILE
BY HUSER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to township emergency services, compensation of
2 township officers, and township budgets.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1905HH 80
5 sc/sh/8
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 is
1 16 adopted, the board of supervisors shall assume the exercise of
1 17 the powers and duties of township trustees relating to fire
1 18 protection service and emergency medical service as set forth
1 19 in 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 21 county board of supervisors trustees. However, the county
2 22 board of supervisors trustees 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 paid by from the county administration 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 the general administration fund of the county township.
2 33 2. In cases where their fees or compensation are not paid
2 34 by from the county administration 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 not
3 17 disbursed by the county to a township until copies of the
3 18 township budget are transmitted to the county auditor as
3 19 required 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 amount may shall 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