House File 2477

                                       HOUSE FILE       
                                       BY  COMMITTEE ON LOCAL
                                           GOVERNMENT

                                       (SUCCESSOR TO HSB 669)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to fire protection service by requiring certain
  2    counties to negotiate emergency services agreements for
  3    townships, relating to dissolution of benefited fire
  4    districts, authorizing certain fire departments to assess fees
  5    to certain property owners for fire protection service, and
  6    delaying the budget certification deadline for certain
  7    townships, and including an effective date provision and
  8    applicability date provisions.
  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
 10 TLSB 6453HV 80
 11 sc/pj/5

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 is
  1 14 adopted, the board of supervisors shall assume the exercise of
  1 15 the powers and duties of township trustees relating to fire
  1 16 protection service and emergency medical service as set forth
  1 17 in 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 exceed forty and one=half
  3 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 17    The Except 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