Senate File 595 - Introduced
SENATE FILE
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO SSB 1329)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act allowing regions within the state to participate in a
2 pilot project for emergency response districts and providing
3 for a district tax levy.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2394SV 82
6 eg/es/88
PAG LIN
1 1 EMERGENCY RESPONSE DISTRICT
1 2 Section 1. AUTHORIZATION AND PURPOSE. This Act authorizes
1 3 four pilot projects for which a region of the state may
1 4 establish an emergency response district.
1 5 The purpose of this Act is to provide regions within the
1 6 state an opportunity to participate in a pilot project having
1 7 a new governance structure to facilitate the delivery and
1 8 funding of fire protection service and emergency medical
1 9 service to residents of the region.
1 10 Sec. 2. DEFINITIONS. As used in this Act, unless the
1 11 context otherwise requires:
1 12 1. "Board" means the board of supervisors of a county.
1 13 2. "Commission" means a governing body composed of a
1 14 member of the board of supervisors, the sheriff, and the mayor
1 15 from each city within the district.
1 16 3. "District" means an emergency response district.
1 17 Sec. 3. PETITION OR MOTION FOR PUBLIC HEARING.
1 18 1. The board of supervisors of any county or counties
1 19 shall, on the petition of 25 percent of the resident property
1 20 owners in any proposed district if the assessed valuation of
1 21 the property owned by the petitioners represents at least 25
1 22 percent of the total assessed value of the proposed district,
1 23 or on a motion of the township trustees, or on the board's own
1 24 motion, hold a public hearing concerning the establishment of
1 25 a proposed district. The petition or motion shall include a
1 26 statement containing the following information:
1 27 a. The need for fire protection service and emergency
1 28 medical service.
1 29 b. The geographic boundaries of the district to be served.
1 30 c. The approximate number of families in the district.
1 31 d. The proposed personnel, equipment, and facilities to
1 32 provide the fire protection service and emergency medical
1 33 service.
1 34 2. The board of supervisors shall notify the state fire
1 35 marshal's office that a petition has been filed, or a motion
2 1 has been adopted, to form a district.
2 2 Sec. 4. DISTRICT. The boundary lines of the district may
2 3 include any region of the state, such as a whole county having
2 4 both unincorporated and incorporated areas, or any townships
2 5 within a county, or adjoining townships located in more than
2 6 one county.
2 7 Sec. 5. TIME OF HEARING. The public hearing required in
2 8 section 3 shall be held within 30 days of the presentation of
2 9 the petition or the adoption of the motion. Notice of hearing
2 10 shall be given by publication in two successive issues of any
2 11 newspaper of general circulation within the district. The
2 12 last publication shall be not less than one week before the
2 13 proposed hearing.
2 14 Sec. 6. DISTRICT ESTABLISHED == PLAN == PILOT AUTHORIZED.
2 15 1. Within 10 days after the hearing, the board shall adopt
2 16 a resolution establishing the district or rejecting the
2 17 petition or township trustees' motion or abandoning the
2 18 board's motion.
2 19 2. Within 10 days after establishing a district, the board
2 20 shall submit a plan to the state fire marshal's office and the
2 21 county finance committee. The plan shall include all of the
2 22 following:
2 23 a. Personnel, equipment, facilities, and other available
2 24 resources that may be shared by all of the various fire
2 25 departments and emergency medical service providers within the
2 26 district.
2 27 b. Financial information demonstrating the ability to
2 28 provide fire protection service and emergency medical service
2 29 to the residents of the district.
2 30 c. A plan for transition of delivery and funding of fire
2 31 protection service and emergency medical service to the new
2 32 district.
2 33 3. The county finance committee shall review the
2 34 district's financial information, including revenues,
2 35 expenditures, and budget items as well as the financial
3 1 implications and plan for transitioning to a new financing
3 2 structure. Within 30 days after receiving the plan, the
3 3 county finance committee shall report its findings to the
3 4 state fire marshal.
3 5 4. The state fire marshal shall consider the county
3 6 finance committee's findings and review the district's
3 7 personnel, equipment, facilities, and other available
3 8 resources that may be shared by all of the various fire
3 9 departments and emergency medical service providers as well as
3 10 the practical considerations and plan for transitioning to a
3 11 new structure for delivering fire protection service and
3 12 emergency medical service to the district. The state fire
3 13 marshal shall determine whether the district can successfully
3 14 deliver fire protection service and emergency medical service
3 15 throughout the district.
3 16 5. Within 60 days of receiving the board's plan, the state
3 17 fire marshal shall notify the board whether the board's plan
3 18 is approved.
3 19 Sec. 7. PILOT PROJECT == TWO YEARS == REPORT.
3 20 1. A district established by the board and having an
3 21 approved plan by the state fire marshal under section 6 is
3 22 authorized to proceed and continue as a pilot project for two
3 23 years beginning on July 1 of the fiscal year following the
3 24 date of the board's resolution establishing the district.
3 25 However, if the date of the board's action falls after
3 26 November 1, the pilot project shall not begin until July 1 of
3 27 the fiscal year subsequent to the next following fiscal year.
3 28 2. At the end of two years, the commission shall submit a
3 29 report to the state fire marshal summarizing the results of
3 30 the pilot project, including the strengths of the project,
3 31 whether delivery of fire protection service and emergency
3 32 medical service was improved throughout the district, and
3 33 additional measures needed to improve the delivery of such
3 34 services.
3 35 Sec. 8. ENGINEER.
4 1 1. When the pilot project is approved, the board shall
4 2 appoint a civil engineer or county engineer who shall prepare
4 3 a preliminary plat showing:
4 4 a. The proper design in general outline of the district.
4 5 b. The lots and parcels of land within the proposed
4 6 district as they appear on the county auditor's plat books
4 7 with the names of the owners.
4 8 c. The assessed valuation of the lots and parcels.
4 9 2. The board shall determine the compensation for the
4 10 engineer's preliminary investigation. The engineer shall file
4 11 a report with the county auditor within 30 days of
4 12 appointment. The board may extend the time upon good cause
4 13 shown.
4 14 Sec. 9. HEARING ON ENGINEER'S REPORT. After the
4 15 engineer's report is filed, the board shall give notice, as
4 16 provided in section 5, of a public hearing to be held
4 17 concerning the engineer's preliminary plat. Within 10 days
4 18 after the hearing, the board shall, by resolution, approve or
4 19 disapprove the engineer's plan.
4 20 Sec. 10. ELECTION ON PROPOSED LEVY. When a preliminary
4 21 plat has been approved by the board, an election shall be held
4 22 within the district within 60 days to approve or disapprove
4 23 the levy of a tax of not more than $1.60 and 3/4 cents per
4 24 $1,000 of assessed value on all of the taxable property within
4 25 the district. The ballot shall set out the reason for the tax
4 26 and the amount needed. The tax shall be set to raise only the
4 27 amount needed. Notice of the election, including the time and
4 28 place of holding the election, shall be given as provided in
4 29 section 5. The vote shall be by ballot which shall state
4 30 clearly the proposition to be voted upon and any registered
4 31 voter residing within the district at the time of the election
4 32 may vote. The county auditor shall conduct elections held
4 33 pursuant to this Act. The proposition is approved if a
4 34 majority of those voting on the proposition vote in favor of
4 35 it.
5 1 Sec. 11. GOVERNANCE AUTHORITY == COMMISSION. The district
5 2 shall be governed by a commission, as defined in this Act.
5 3 If the district includes townships located in more than one
5 4 county, the district shall be governed by a joint commission
5 5 that includes members of the commissions of each county.
5 6 Sec. 12. COMMISSION POWERS.
5 7 1. The commission may purchase, own, rent, or maintain
5 8 fire and emergency medical services apparatus or equipment
5 9 within the state or outside the territorial jurisdiction and
5 10 boundary limits of this state, provide housing for such
5 11 apparatus and equipment, provide fire protection service and
5 12 emergency medical service and facilities, and may certify for
5 13 levy an annual tax as provided in section 10. The commission
5 14 may purchase material, employ fire protection service
5 15 personnel, emergency medical service personnel, and other
5 16 personnel, and may perform all other acts necessary to
5 17 properly maintain and operate the district. The commission
5 18 may contract under chapter 28E with any city or county or
5 19 public or private agency that is not a member of the district
5 20 for the purpose of providing fire protection service or
5 21 emergency medical service under this Act. The commissioners
5 22 are allowed necessary expenses in the discharge of their
5 23 duties.
5 24 2. The commission shall draw the boundaries of fire and
5 25 emergency medical services areas within the district to be
5 26 assigned to various fire departments and stations throughout
5 27 the district.
5 28 Sec. 13. DISTRICT FIRE CHIEF. The commission shall
5 29 appoint a district fire chief who shall serve at the pleasure
5 30 of the commission and shall be responsible for the
5 31 coordination of fire protection service and emergency medical
5 32 service throughout the district.
5 33 Sec. 14. FIRE CHIEFS. The district fire chief shall
5 34 appoint an assistant fire chief for each existing fire
5 35 department and station within the district who shall be
6 1 responsible for delivery of fire protection service and
6 2 emergency medical service within the areas designated by the
6 3 commission pursuant to section 12.
6 4 Sec. 15. CITIES WITHIN THE DISTRICT. If a city is
6 5 included in a district, the maximum tax levy authorized for
6 6 the general fund of that city under section 384.1 shall be
6 7 reduced by the amount of the tax rate levied within the city
6 8 by the district. Such city shall not be responsible for
6 9 providing fire protection service and emergency medical
6 10 service as provided in section 364.16, and shall have no
6 11 liability for the method, manner, or means by which the
6 12 district provides the fire protection service and emergency
6 13 medical service.
6 14 Sec. 16. BONDS IN ANTICIPATION OF REVENUE. A district may
6 15 anticipate the collection of taxes by the levy authorized in
6 16 this Act, and to carry out the purposes of this Act may issue
6 17 bonds payable in not more than 10 equal installments with the
6 18 rate of interest not exceeding that permitted by chapter 74A.
6 19 An indebtedness shall not be incurred under this Act until
6 20 authorized by an election. The election shall be held and
6 21 notice given in the same manner as provided in section 10, and
6 22 a majority vote shall be necessary to authorize indebtedness.
6 23 Both propositions may be submitted to the voters at the same
6 24 election.
6 25 Sec. 17. TRANSITION == TOWNSHIP TAX DISCONTINUED. When
6 26 the boundary lines of the district include all or a portion of
6 27 a township and the district has certified a tax levy not
6 28 exceeding $1.60 and 3/4 cents per $1,000 of assessed valuation
6 29 of the taxable property within the township for the purpose of
6 30 fire protection service and emergency medical service, the
6 31 township trustees shall no longer levy the tax provided by
6 32 section 359.43 in that portion of the township provided
6 33 services by the district. Any indebtedness incurred for the
6 34 purposes of sections 359.42 through 359.45 for a service now
6 35 provided by the district shall be assumed by the district and
7 1 all of the assets of the township which relate to the
7 2 fire=fighting operation and emergency medical service
7 3 operation shall be transferred to the district.
7 4 EXPLANATION
7 5 This bill allows a region of the state to participate in a
7 6 pilot project that provides for a new governance structure for
7 7 the delivery of fire protection and emergency medical services
7 8 to the residents of the region. The bill authorizes four
7 9 pilot projects for which a region of the state may establish
7 10 an emergency response district. The bill provides procedures
7 11 to establish a district that are similar to the procedures
7 12 found in Code chapter 357F for establishing an emergency
7 13 medical services district, including the initial petition for
7 14 a public hearing filed by the resident property owners of the
7 15 proposed district. The bill also allows a public hearing on a
7 16 proposed district based upon a motion by the township trustees
7 17 or the county board of supervisors' own motion.
7 18 The boundaries of the district may include a whole county,
7 19 both unincorporated and incorporated areas, and may also
7 20 include townships within a county, or adjoining townships
7 21 located in different counties.
7 22 Once a public hearing is held, the bill provides that the
7 23 board of supervisors may establish the district by resolution.
7 24 The bill provides that the board submit a plan to the state
7 25 fire marshal's office and the county finance committee that
7 26 includes all of the following:
7 27 1. Personnel, equipment, facilities, and other available
7 28 resources that may be shared by all of the various fire
7 29 departments and emergency medical service providers.
7 30 2. Financial information demonstrating the ability to
7 31 provide fire protection service and emergency medical service
7 32 to the residents of the district.
7 33 3. A plan for transitioning to the new district.
7 34 The bill provides that after the county finance committee
7 35 has reviewed the financial information and reported its
8 1 findings to the state fire marshal, the state fire marshal
8 2 shall review the findings as well as the personnel, equipment,
8 3 facilities, and other resources of the district to determine
8 4 whether the district can successfully deliver services
8 5 throughout the district.
8 6 A district established by the board and having an approved
8 7 plan by the state fire marshal is authorized to proceed and
8 8 continue as a pilot project for two years beginning on July 1
8 9 of the fiscal year following the date of the board's
8 10 resolution establishing the district. However, if the date of
8 11 the board's action falls after November 1, the pilot project
8 12 shall not begin until July 1 of the fiscal year subsequent to
8 13 the next following fiscal year.
8 14 The bill requires that at the end of two years the
8 15 commission that governs the district submit a report to the
8 16 state fire marshal summarizing the results of the pilot
8 17 project, including the strengths of the project, whether
8 18 delivery of fire protection service and emergency medical
8 19 service was improved throughout the district, and additional
8 20 measures needed to improve the delivery of such services.
8 21 The bill provides for an engineer to prepare a preliminary
8 22 plat of the district, which after public hearing, shall be
8 23 approved or disapproved by the board.
8 24 The bill provides for an election within the district to
8 25 approve or disapprove the levy of a tax of not more than $1.60
8 26 and 3/4 cents per $1,000 of assessed value on all the taxable
8 27 property within the district.
8 28 The bill provides that the district be governed by a
8 29 commission composed of a member of the board of supervisors,
8 30 the sheriff, and the mayor from each city within the district.
8 31 If the district includes townships located in more than one
8 32 county, the district shall be governed by a joint commission
8 33 that includes members of the commissions of each county. The
8 34 commission is authorized to certify for levy an annual tax as
8 35 approved at election. The commission is also directed to draw
9 1 the boundaries of emergency services areas within the district
9 2 to be assigned to various fire departments and stations
9 3 throughout the district. The bill provides that the
9 4 commission appoint a district fire chief who shall serve at
9 5 the pleasure of the commission and shall be responsible for
9 6 the coordination of fire protection service and emergency
9 7 medical service throughout the district.
9 8 The district fire chief shall appoint an assistant fire
9 9 chief for each existing fire department and station within the
9 10 district who shall be responsible for delivery of fire
9 11 protection service and emergency medical service within the
9 12 areas designated by the commission.
9 13 The bill provides that the district may issue bonds if the
9 14 indebtedness is authorized by election.
9 15 Finally, the bill provides a transition provision from
9 16 township=funded fire protection and emergency medical services
9 17 to funding by the newly created district. The bill also
9 18 provides that any indebtedness incurred by the township
9 19 trustees for these services shall be assumed by the district
9 20 and all of the assets of the township which relate to the
9 21 fire=fighting operation and emergency medical services
9 22 operation shall be transferred to the district.
9 23 LSB 2394SV 82
9 24 eg:sc/es/88