SF 2263 (LSB 6020SV (1) 84)

SENATE FILE 2263

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SSB 3179)

A BILL FOR

An Act relating to fire protection and emergency medical services, including tax credits, service charges, and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

EMERGENCY MEDICAL SERVICES TRAINING
    Section 1.  2011 Iowa Acts, chapter 129, section 114, subsection 1, paragraph a, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (3)  Of the funds allocated in this paragraph “a”, $750,000 shall be transferred to the appropriation to the department of public health in this Act for public protection to be used for emergency medical services training for communities with populations under 9,000.

DIVISION II

STATEWIDE INTEROPERABLE COMMUNICATIONS SYSTEM BOARD
    Sec. 2.  Section 80.28, subsection 2, paragraph b, Code 2011, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (05)  One member who is an emergency manager and a representative of the Iowa emergency management association.
    Sec. 3.  Section 80.28, subsection 4, Code 2011, is amended to read as follows:
   4.  The voting members of the board shall be appointed in compliance with sections 69.16 and 69.16A. Members shall elect a chairperson and vice chairperson from the board membership, who shall serve two-year terms.

Members representing state agencies and appointed by the governor shall be employees of the agency, department, or office represented. The members appointed by the governor shall be appointed to three-year staggered terms and the terms shall commence and end as provided by section 69.19. If a vacancy occurs among the voting members, a successor shall be appointed to serve the unexpired term. A successor shall be appointed in the same manner and subject to the same qualifications as the original appointment to serve the unexpired term. The voting members of the board are entitled to receive reimbursement for actual expenses incurred while engaged in the performance of official duties from funds appropriated to the department of public safety and the state department of transportation for that purpose. The departments shall enter into an agreement to provide administrative assistance and support to the board.

DIVISION III

PUBLIC SAFETY COMMUNICATIONS
    Sec. 4.  NEW SECTION.  34A.11  Communications —— single point of contact.
   A public or private safety agency that determines that a need, issue, or concern exists or has arisen in connection with the provision of public safety communications within an enhanced 911 service area shall file, register, or otherwise convey the need, issue, or concern to the joint E911 service board maintained within the area, or an alternative legal entity created pursuant to chapter 28E as provided in section 34A.3, subsection 3. The joint E911 service board or alternative legal entity shall serve as the single point of contact with regard to the receipt of public safety communications needs, issues, or concerns, and shall take such action with regard to the disposition of the need, issue, or concern as the board or entity in its discretion determines appropriate. 

DIVISION IV

VOLUNTEER FIRE FIGHTER AND EMERGENCY MEDICAL SERVICES TAX CREDIT
    Sec. 5.  Section 8.57E, Code Supplement 2011, is amended to read as follows:
   8.57E  Taxpayers trust fund.
   1.  A taxpayers trust fund is created. The fund shall be separate from the general fund of the state and the balance in the fund shall not be considered part of the balance of the general fund of the state. The moneys credited to the fund are not subject to section 8.33 and shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this section.
   2.  Moneys in the taxpayers trust fund shall only be used pursuant to appropriations made by the general assembly for tax relief.
   3.
  a.  There is appropriated from the taxpayers trust fund to the general fund, for the fiscal year beginning July 1, 2014, and subsequent fiscal years, an amount of moneys equal to the credits claimed under the volunteer fire fighter and volunteer emergency medical services personnel income tax credit in section 422.12 for the calendar year preceding the fiscal year for which the appropriation is made. The maximum annual appropriation under this paragraph shall not exceed sixty million dollars.
   b.  Moneys
 
The moneys remaining in the taxpayers trust fund
 
after the appropriation in paragraph “a” may be used for cash flow purposes during a fiscal year provided that any moneys so allocated are returned to the fund by the end of that fiscal year.
   b.

4.  Except as provided in section 8.58, the taxpayers trust fund shall be considered a special account for the purposes of section 8.53 in determining the cash position of the general fund of the state for the payment of state obligations.
   4.

5.  Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the taxpayers trust fund shall be credited to the fund.
    Sec. 6.  Section 422.12, subsection 1, Code 2011, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0b.  “Emergency medical services personnel” means an emergency medical care provider, as defined in section 147A.1, who is certified as a first responder pursuant to chapter 147A.
   NEW PARAGRAPH.  d.  “Volunteer fire fighter” means a volunteer fire fighter as defined in section 85.61 who has met the minimum training standards established by the fire service training bureau pursuant to chapter 100B.
    Sec. 7.  Section 422.12, subsection 2, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.
  (1)  A volunteer fire fighter and volunteer emergency medical services personnel credit equal to five hundred dollars to compensate the taxpayer for the voluntary services if the volunteer served for the entire tax year.
   If the taxpayer is not a volunteer fire fighter or volunteer emergency medical services personnel for the entire tax year, the maximum amount of the credit shall be prorated and the amount of credit for the taxpayer shall equal the maximum amount of credit for the tax year, divided by twelve, multiplied by the number of months in the tax year the taxpayer was a volunteer. The credit shall be rounded to the nearest dollar. If the taxpayer is a volunteer during any part of a month, the taxpayer shall be considered a volunteer for the entire month. If the taxpayer is a volunteer fire fighter and a volunteer emergency medical services personnel during the same month, a credit may be claimed for only one volunteer position for that month.
   (2)  The taxpayer is required to have a written statement from the fire chief or other appropriate supervisor verifying that the taxpayer was a volunteer fire fighter or volunteer emergency medical services personnel for the months for which the credit under this subsection is claimed.
    Sec. 8.  APPLICABILITY.  This division of this Act applies to tax years beginning on or after January 1, 2013.

DIVISION V

PUBLIC SAFETY EMPLOYEE SURVIVOR BENEFITS
    Sec. 9.  Section 260C.14, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  23.  Adopt rules to waive tuition and mandatory fee charges for any student in good standing who is a resident of Iowa; is under the age of twenty-six, or under the age of thirty if the student is a qualified veteran as defined in subsection 14; is not a convicted felon as defined in section 910.15; and is the child of an individual who died in the line of duty as determined by section 97A.6, subsection 16, section 97B.52, subsection 2, section 100B.31, or section 411.6, subsection 15.
    Sec. 10.  Section 262.9, Code Supplement 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  36.  Adopt rules that require the institutions of higher education under its control to waive tuition and mandatory fee charges for any undergraduate student in good standing who is a resident of Iowa; is under the age of twenty-six, or under the age of thirty if the student is a qualified veteran as defined in subsection 17; is not a convicted felon as defined in section 910.15; and is the child of an individual who died in the line of duty as determined by section 97A.6, subsection 16, section 97B.52, subsection 2, section 100B.31, or section 411.6, subsection 15.
    Sec. 11.  Section 509A.13, Code 2011, is amended to read as follows:
   509A.13  Continuation of group insurance.
   1.  If a governing body, a county board of supervisors, or a city council has procured for its employees accident, health, or hospitalization insurance, or a medical service plan, or has contracted with a health maintenance organization authorized to do business in this state, the governing body, county board of supervisors, or city council shall allow
 
do all of the following:
   a.  Allow
 
its employees who retired before attaining sixty-five years of age to continue participation in the group plan or under the group contract at the employee’s own expense until the employee attains sixty-five years of age.
   b.  Allow any child of an eligible deceased employee to continue participation in the group plan or under the group contract at the employer’s expense until the child attains twenty-six years of age. For purposes of this paragraph, “eligible deceased employee” means an employee who died in the line of duty as determined by section 97A.6, subsection 16, section 97B.52, subsection 2, section 100B.31, or section 411.6, subsection 15.
   2.  This section applies to employees who retired on or after January 1, 1981, and to children of an eligible deceased employee who died on or after July 1, 2012.
    Sec. 12.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this division of this Act.

DIVISION VI

EMERGENCY MANAGEMENT COMMISSIONS —— FINANCING
    Sec. 13.  Section 29C.9, subsection 2, Code Supplement 2011, is amended to read as follows:
   2.  The commission shall be composed of a member of the board of supervisors or its appointed representative, the sheriff or the sheriff’s representative, and the mayor or the mayor’s representative from each city within the county. The commission members shall be the operations liaison officers between their jurisdiction and the commission.

A commission member may designate an alternate to represent the designated entity. For any activity relating to section 29C.17, subsection 2, or chapter 24, participation shall only be by a commission member or a designated alternate that is an elected official from the same designated entity.
    Sec. 14.  Section 29C.17, subsections 2 and 5, Code Supplement 2011, are amended to read as follows:
   2.  For the purposes consistent with this chapter, the local emergency management agency’s approved budget may
 
shall be funded by one or any combination of the following options, as determined by the commission:
   a.  A countywide special levy approved by the board of supervisors
 
pursuant to section 331.424, subsection 1, to the extent the county’s basic levy is insufficient.
   b.  Per capita allocation funded from city and county general funds or by a combination of city and county special levies which may be apportioned among the member jurisdictions.

   c.  An allocation computed as each jurisdiction’s relative share of the total assessed valuation within the county.
   d.  A voluntary share allocation.
   e.  Other funding sources allowed by law.
   5.  Subject to chapter 24, the commission shall adopt, certify, and submit
 
provide a budget, on or before February 28 of each year, to the county board of supervisors and the cities for the ensuing fiscal year which will include an itemized list of the number of emergency management personnel, their salaries and cost of personnel benefits, travel and transportation costs, fixed costs of operation, and all other anticipated emergency management expenses. The salaries and compensation of agency personnel coming under the merit system as determined by the commission will include salary schedules for classes in which the salary of a class is based on merit qualifications for the positions
 
funding entities determined pursuant to subsection 2.

The form of the budget shall be as prescribed by the department of management. Any portion of a tax levied by a county or city to support the local emergency management agency may be identified separately on tax statements issued by the county treasurer.
    Sec. 15.  Section 29C.17, Code Supplement 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  Joint emergency response communication services under section 29C.9, subsection 6, shall be funded as provided for in the agreement entered into pursuant to chapter 28E.

DIVISION VII

IOWACARE AMBULANCE TRANSPORTATION COVERAGE
    Sec. 16.  IOWACARE —— AMBULANCE TRANSPORTATION AS A COVERED SERVICE.  The department of human services shall adopt rules for the IowaCare program created pursuant to chapter 249J to include ambulance transportation to and from a participating provider as specified in section 249J.7 as a covered service under section 249J.6. The department of human services shall amend applicable medical assistance program state plan and waiver provisions as necessary to implement this section.

DIVISION VIII

EMERGENCY MEDICAL SERVICES REPORTS
    Sec. 17.  Section 100B.2, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  Consult with and provide recommendations to the state fire marshal and director of the department of public health concerning efficient and cost-effective methods of providing reports required of fire service and emergency services personnel. 

DIVISION IX

FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES CHARGES
    Sec. 18.  Section 331.385, subsection 5, paragraph a, Code 2011, is amended to read as follows:
   a.  Notwithstanding subsection 1, if as of July 1, 2006, a township has in force an agreement entered into pursuant to chapter 28E for a city or another township to provide fire protection service or fire protection service and emergency medical service for the township, or if a township is otherwise contracting with a city or another township for provision to the township of fire protection service or fire protection service and emergency medical service, the county board of supervisors shall, for the fiscal year beginning July 1, 2007, and subsequent fiscal years, negotiate for and enter into an agreement pursuant to chapter 28E providing for continued fire protection service, or fire protection service and emergency medical service, to the township, and shall certify taxes for levy in the township
 
or impose service charges, or both, pursuant to section 331.424C, in amounts sufficient to meet the financial obligations pertaining to the agreement.
    Sec. 19.  Section 331.424C, Code 2011, is amended to read as follows:
   331.424C  Emergency services fund.
   A county that is providing fire protection service or emergency medical service to a township pursuant to section 331.385 shall establish an emergency services fund and may certify taxes for levy in the township
 
or may impose service charges for such services, or both. The taxes levied or charges imposed shall not to exceed the amounts authorized in section 359.43. The county has the authority to use a portion of the taxes levied
 
or charges imposed and deposited in the fund for the purpose of accumulating moneys to carry out the purposes of section 359.43, subsection 4.
    Sec. 20.  Section 357J.17, Code 2011, is amended to read as follows:
   357J.17  Transition —— township tax
 
and service charges discontinued.
   When the boundary lines of the district include all or a portion of a township and the district has certified a tax levy within the township for the purpose of fire protection service and emergency medical service, the township trustees shall no longer levy the tax
 
or impose the service charges provided by section 359.43 in that portion of the township provided services by the district. Any indebtedness incurred for the purposes of sections 359.42 through 359.45 for a service now provided by the district shall be assumed by the district. Such township shall not be responsible for providing fire protection service and emergency medical service as provided in section 359.42 for the portion of the township within the district, and shall have no liability for the method, manner, or means by which the district provides the fire protection service and emergency medical service.
    Sec. 21.  Section 359.43, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.
  a.  In addition to or in lieu of the property tax levies authorized in this section, the trustees may authorize the collection of any of the following:
   (1)  A service charge for fire protection service from the property owner where the fire protection service was provided.

   (2)  A service charge for emergency medical service from the recipient of the emergency medical service or from the parent of the recipient if the recipient is a minor. For purposes of this subsection, “minor” means an individual who is under eighteen years of age and is not considered by law to be an adult, and “parent” means one biological or adoptive parent, a stepparent, or a legal guardian or custodian of the minor.
   b.  A service charge collected under this section for fire protection service or emergency medical service shall not exceed an amount equal to the actual expense incurred by the township to provide the service.
   c.  The state fire service and emergency response council established in section 100B.1 shall develop guidelines for townships to follow when authorizing the collection of service charges for fire protection service or emergency medical service.
   d.  If the trustees contract with a public or private agency under chapter 28E for the purpose of providing fire protection service or emergency medical service, the public or private agency may collect the service charges authorized under this subsection if the types and amounts of such service charges are specified in the chapter 28E agreement.
   e.
  (1)  If a service charge for fire protection service imposed under this subsection remains unpaid six months after the property owner was notified of the service charge, the unpaid amount shall constitute a lien upon the property where such service was provided. The lien shall have equal precedence with ordinary taxes, may be certified to the county treasurer and collected in the same manner as ordinary taxes, and is not divested by a judicial sale.
   (2)  If a service charge for emergency medical service imposed under this subsection remains unpaid six months after the recipient of the service, or the parent of the recipient if the recipient is a minor, was notified of the service charge, the trustees may bring a civil action in order to collect the amount due. The civil action may be heard by the district court sitting in small claims as provided in chapter 631 unless the amount due exceeds the jurisdictional amount for small claims set forth in section 631.1.
    Sec. 22.  Section 359.45, Code 2011, is amended to read as follows:
   359.45  Anticipatory bonds.
   Townships may anticipate the collection of taxes
 
or service charges authorized by section 359.43 and for such purposes may direct the county board of supervisors to issue bonds under sections 331.441 to 331.449 relating to essential county purpose bonds except that the bonds are payable only from tax levies on property subject to the levy under section 359.43
 
or from service charges collected under section 359.43.

DIVISION X

EMERGENCY SERVICES —— TRAFFIC VIOLATIONS
    Sec. 23.  Section 321.1, Code Supplement 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  20C.  “Emergency services zone” means the portion of a highway which is within five hundred feet of a stationary authorized emergency vehicle that is on the highway and displaying flashing yellow, amber, white, red, or red and blue lights.
    Sec. 24.  Section 805.8A, subsection 14, paragraph i, Code Supplement 2011, is amended to read as follows:
   i.  Road work zone
 
and emergency services zone violations.  The scheduled fine for any moving traffic violation under chapter 321, as provided in this section, shall be doubled if the violation occurs within any road work zone
 
or emergency services zone,
 
both as defined in section 321.1. However, notwithstanding subsection 5, the scheduled fine for violating the speed limit in a road work zone
 
or emergency services zone is as follows:
   (1)  One hundred fifty dollars for speed not more than ten miles per hour over the posted speed limit.

   (2)  Three hundred dollars for speed greater than ten but not more than twenty miles per hour over the posted speed limit.
   (3)  Five hundred dollars for speed greater than twenty but not more than twenty-five miles per hour over the posted speed limit.
   (4)  One thousand dollars for speed greater than twenty-five miles per hour over the posted speed limit.
EXPLANATION
   This bill concerns fire protection and emergency medical services.
   DIVISION I —— EMERGENCY MEDICAL SERVICES TRAINING. This division of the bill transfers $750,000 from the allocation to the department of public health for the tobacco use prevention and control initiative to the appropriation to the department of public health for public protection to be used for emergency medical services training for communities with populations under 9,000 for FY 2012-2013.
   DIVISION II —— STATEWIDE INTEROPERABLE COMMUNICATIONS SYSTEM BOARD. This division of the bill relates to the membership of the statewide interoperable communications system board.
   The division adds an emergency manager who is a representative of the Iowa emergency management association to the board.
   The division provides that the governor shall solicit and consider recommendations from professional or volunteer organizations prior to making the appointment to the board.
   Code section 80.28(4) specifies the representative of the Iowa emergency management association appointed to the board shall serve a three-year term.
   The division also provides that members of the board shall be an employee of the state agency, department, or office the member is representing.
   DIVISION III —— PUBLIC SAFETY COMMUNICATIONS. This division of the bill provides that if a public or private safety agency has a need, issue, or concern in connection with the provision of public safety communications within an enhanced 911 service area, the agency shall file, register, or otherwise convey the need, issue, or concern to the joint E911 service board maintained within the area, or an alternative legal entity established as provided in Code section 34A.3, subsection 3. The division directs the applicable joint E911 service board or alternative legal entity to serve as the single point of contact with regard to the receipt of public safety communications needs, issues, or concerns, and authorizes the board or entity to take such action with regard to the disposition of the need, issue, or concern as the board or entity in its discretion determines appropriate. 
   DIVISION IV —— VOLUNTEER FIRE FIGHTER AND EMERGENCY MEDICAL SERVICES TAX CREDIT. This division of the bill provides a nonrefundable individual income tax credit for an individual who was a volunteer fire fighter who has met the minimum training standards or certified volunteer emergency medical services personnel for the entire tax year. The credit is to compensate the individual for the volunteer services. The amount of the credit equals $500. If the individual was not a volunteer for the entire tax year, the amount of credit is prorated based upon the months of volunteer service. A credit may be claimed for only one volunteer position per month.
   The division provides an annual appropriation from the taxpayers relief fund to the general fund for an amount equal to the credits claimed for a tax year, not to exceed $60 million.
   The division applies to tax years beginning on or after January 1, 2013.
   DIVISION V —— PUBLIC SAFETY EMPLOYEE SURVIVOR BENEFITS. 

This division of the bill provides health care and tuition benefits to children of public safety employees who died in the line of duty. 
   Code section 260C.14, concerning community colleges, is amended to provide that the board of directors of each community college shall adopt rules to waive tuition and mandatory fee charges for any student in good standing who is a resident of Iowa who is under the age of 26, or under the age of 30 if the student is a qualified veteran, is not a convicted felon, and is the child of an individual who died in the line of duty as determined by Code section 97A.6(16), Code section 97B.52(2), Code section 100B.31, or Code section 411.6(15). 
   Code section 262.9, concerning the board of regents, is amended to provide that the board of regents shall adopt rules providing that institutions of higher education under its control waive tuition and mandatory fee charges for any undergraduate student in good standing who is a resident of Iowa, who is under the age of 26 or under the age of 30 if the student is a qualified veteran, is not a convicted felon, and is the child of an individual who died in the line of duty as determined by Code section 97A.6(16), Code section 97B.52(2), Code section 100B.31, or Code section 411.6(15). 
   Code section 509A.13, concerning continuation of group insurance for public employees, is amended to provide that any child of an employee who died in the line of duty on or after July 1, 2012, as determined by Code section 97A.6(16), Code section 97B.52(2), Code section 100B.31, or Code section 411.6(15), shall be entitled to continue participation in that group insurance, at the employer’s expense, until the child attains 26 years of age.
   The division may include a state mandate as defined in Code section 25B.3. The division makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the division.
   DIVISION VI —— EMERGENCY MANAGEMENT COMMISSIONS —— FINANCING. This division of the bill relates to financial responsibilities of local emergency management commissions.
   The division provides that local emergency management commission members may designate an alternate to represent the designated entity. The division provides that for any activity relating to Code section 29C.17, subsection 2, or Code chapter 24, relating to the budget, participation shall only be by a commission member or a designated alternate that is an elected official from the same designated entity.
   Currently, a local emergency management agency’s approved budget may be funded by one or more of four specific methods. The division requires the budgets to be funded by one or more of the four specific methods and specifies that the countywide special levy may be levied from the supplemental fund of the county if the basic levy is insufficient.
   The division provides that joint emergency response communication services must be funded as provided for in an agreement entered into pursuant to Code chapter 28E.
   The division provides that agency budgets must be provided to funding entities in a form prescribed by the department of management. The division provides that a portion of any tax levied by a county or city to support the local emergency management agency may be identified separately on tax statements issued by the county treasurer.
   DIVISION VII —— IOWACARE AMBULANCE TRANSPORTATION COVERAGE. 

This division of the bill requires the department of human services to adopt rules for the IowaCare program to include ambulance transportation to and from a participating provider as a covered service.
   DIVISION VIII —— EMERGENCY MEDICAL SERVICES REPORTS. This division of the bill requires the state fire service and emergency response council to consult with and provide recommendations to the state fire marshal and director of the department of public health concerning efficient and cost-effective methods of providing reports.
   DIVISION IX —— FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES CHARGES. Current Code section 359.43 authorizes townships to levy property taxes for providing fire protection service and emergency medical service. This division of the bill authorizes townships to collect a service charge for providing fire protection service or emergency medical service, in addition to or in lieu of such property taxes. 
   The division provides that a service charge for fire protection service is charged to the property owner where such service was provided and that a service charge for emergency medical service is charged to the recipient of the emergency medical service or to the parent of the recipient if the recipient is a minor. The division prohibits the township from imposing a service charge that exceeds an amount equal to the actual expense incurred by the township to provide the service. The division also directs the state fire service and emergency response council to develop guidelines for townships to follow when authorizing the collection of service charges for fire protection service or emergency medical service.
   If a township contracts with a public or private agency under Code chapter 28E for the purpose of providing fire protection service or emergency medical service, the public or private agency may collect the service charges authorized in the division if the types and amounts of such service charges are specified in the Code chapter 28E agreement.
   The division provides that if a service charge for fire protection service remains unpaid six months after the property owner was notified of the service charge, the unpaid amount constitutes a lien upon the property where such service was provided and may be collected in the same manner as ordinary taxes. The division also provides that if a service charge for emergency medical service remains unpaid six months after the recipient of the service or the parent of the recipient, if applicable, was notified of the service charge, the trustees may bring a civil action in order to collect the amount due.
   The division includes the fire protection and emergency medical service charges authorized in the division among the revenues under which the township may direct the issuance of anticipatory revenue bonds.
   For a county that is providing fire protection service or emergency medical service to a township pursuant to Code section 331.385, the division allows that county to impose the service charges that the division authorizes for townships.
   DIVISION X —— EMERGENCY SERVICES —— TRAFFIC VIOLATIONS. This division of the bill provides that the scheduled fine for any moving traffic violations occurring within an emergency services zone shall be doubled. The division defines “emergency services zone” as the portion of a highway which is within five hundred feet of a stationary authorized emergency vehicle that is on the highway and displaying flashing yellow, amber, white, red, or red and blue lights.