Senate
File
450
-
Introduced
SENATE
FILE
450
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
SF
98)
A
BILL
FOR
An
Act
relating
to
the
authority
of
certain
counties
to
provide
1
emergency
medical
service
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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450
Section
1.
NEW
SECTION
.
331.386
County
authority
relating
1
to
emergency
medical
service.
2
1.
As
used
in
this
section
and
section
331.387
,
unless
the
3
context
otherwise
requires:
4
a.
“Commission”
means
an
emergency
medical
service
5
commission
established
under
section
331.387
.
6
b.
“Special
purpose
district”
means
a
chapter
28E
agency
7
authorized
by
law
to
provide
emergency
medical
services,
an
8
emergency
medical
services
district
under
chapter
357F
,
a
city
9
emergency
medical
services
district
under
chapter
357G
,
or
an
10
emergency
response
district
under
chapter
357J
.
11
2.
In
lieu
of
the
authority
to
provide
emergency
medical
12
service
under
section
331.385
,
a
county
with
a
population
13
between
twenty
thousand
five
hundred
and
twenty
thousand
eight
14
hundred,
a
population
between
eighty
thousand
and
ninety
15
thousand,
or
a
population
between
one
hundred
thousand
and
one
16
hundred
five
thousand
may
provide
emergency
medical
service
17
for
all
incorporated
and
unincorporated
areas
of
the
county,
18
including
areas
located
outside
of
the
county
if
applicable
19
under
subsection
5
,
pursuant
to
this
section
and
section
20
331.387
if,
except
as
provided
in
subsection
5,
paragraph
“b”
,
21
each
city
located
in
whole
or
in
part
in
the
county,
each
22
township
in
the
county,
and
the
board
enter
into
an
agreement
23
for
the
county
to
provide
emergency
medical
service
on
a
24
countywide
basis.
25
3.
Each
county
electing
to
provide
emergency
medical
26
service
under
subsection
2
shall:
27
a.
Adopt
a
resolution
stating
the
reason
for
providing
28
emergency
medical
service.
29
b.
Establish
a
commission
under
section
331.387
as
soon
as
30
practicable
following
adoption
of
the
resolution
required
in
31
paragraph
“a”
.
32
c.
Provide
emergency
medical
service
in
the
county
according
33
to
a
transition
plan
proposed
by
the
commission
under
section
34
331.387
and
adopted
by
the
board.
A
transition
plan
adopted
by
35
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the
board
shall
not
be
in
effect
for
more
than
two
years.
1
4.
If
a
county
provides
emergency
medical
service
under
this
2
section,
no
city,
township,
or
other
special
purpose
district
3
located
in
the
county
shall
provide
emergency
medical
service
4
except
as
allowed
as
part
of
a
transition
plan.
Each
city,
5
township,
and
special
purpose
district
that
previously
provided
6
emergency
medical
service
shall
not
be
liable
for
the
method,
7
manner,
or
means
by
which
the
county
provides
emergency
medical
8
service.
9
5.
a.
Except
as
provided
in
paragraph
“b”
,
a
county
that
10
provides
emergency
medical
service
under
this
section
shall
11
also
provide
emergency
medical
service
to
the
areas
of
a
city
12
located
outside
the
boundaries
of
the
county
if
an
area
of
that
13
city
also
lies
within
the
boundaries
of
the
county.
14
b.
Cities
located
in
more
than
one
county
may
opt
out
of
15
compliance
with
the
requirements
of
this
section
upon
the
16
approval
of
the
city
council
and
if
all
areas
of
that
city
are
17
currently
receiving
emergency
medical
service
by
a
different
18
method
authorized
by
law.
19
6.
All
real
and
personal
property
used
to
provide
emergency
20
medical
service
to
areas
of
the
county
by
a
township,
city,
or
21
special
purpose
district
shall
be
transferred
to
the
county
22
if
required
by
the
transition
plan.
The
county
shall,
if
23
required
in
the
transition
plan,
assume
all
of
the
outstanding
24
obligations
of
the
cities,
townships,
and
special
purpose
25
districts
attributable
to
providing
emergency
medical
service
26
in
the
county.
If
a
city,
township,
or
other
special
purpose
27
district
provides
emergency
medical
service
by
agreement
28
outside
of
the
county’s
boundaries,
the
county
shall
continue
29
to
provide
emergency
medical
service
to
that
area
subject
to
30
the
agreement
for
ninety
days
after
adoption
of
the
transition
31
plan
or
until
expiration
of
the
emergency
medical
services
32
agreement,
whichever
is
later.
33
7.
Nothing
in
this
section
or
section
331.387
shall
be
34
construed
to
limit
a
county’s
authority
to
provide
emergency
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medical
service
by
agreement
under
chapter
28E
.
1
8.
A
county
providing
emergency
medical
service
under
this
2
section
shall
not
impose
any
optional
tax
authorized
under
3
chapter
422D
.
A
county
ordinance
imposing
such
an
optional
4
tax
shall
be
repealed
according
to
the
requirements
of
chapter
5
422D
.
Any
remaining
revenue
in
an
emergency
medical
services
6
trust
fund
under
section
422D.6
shall
then
be
transferred
7
to
the
emergency
medical
service
fund
created
under
section
8
331.424D
.
9
9.
If
a
county
is
providing
emergency
medical
services
10
under
this
section,
the
county
shall
continue
to
provide
such
11
services
until
an
agreement
is
approved
by
each
city
and
12
township
in
the
county
and
by
the
board
to
provide
and
finance
13
emergency
medical
service
to
all
areas
of
the
county
by
other
14
methods
authorized
by
law.
Such
an
agreement
shall
include
15
provisions
for
the
distribution
of
personnel,
equipment,
16
assets,
and
obligations
of
the
county
to
each
city
and
township
17
that
is
receiving
emergency
medical
service
from
the
county
18
under
this
section.
19
Sec.
2.
NEW
SECTION
.
331.387
County
emergency
medical
20
service
commission.
21
1.
A
county
electing
to
provide
emergency
medical
services
22
under
section
331.386
shall
establish
an
emergency
medical
23
service
commission.
Each
emergency
medical
service
commission
24
shall
facilitate
the
delivery
and
funding
of
emergency
medical
25
service
to
residents
of
the
county
and
may
adopt
the
necessary
26
rules
and
procedures
or
establish
subcommittees
for
the
27
implementation
of
this
section
and
section
331.386
.
28
2.
a.
The
commission
shall
consist
of
all
of
the
following:
29
(1)
One
member
of
the
board.
30
(2)
The
mayor
from
each
city
located
in
whole
or
in
part
31
within
the
county,
except
those
cities
that
opt
out
under
32
section
331.386,
subsection
5
.
33
(3)
Three
residents
of
the
county
appointed
by
the
board
34
who
possess
operational
and
technical
experience
in
providing
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emergency
medical
service.
The
term
for
each
appointee
under
1
this
subparagraph
shall
be
two
years,
and
each
appointee
may
be
2
reappointed
without
limitation.
3
b.
A
member
of
the
commission
shall
not
appoint
a
designee
4
to
serve
on
the
commission
in
the
member’s
capacity.
5
c.
Members
of
the
commission
shall
not
receive
compensation,
6
but
they
shall
be
reimbursed
for
their
actual
and
necessary
7
expenses
incurred
in
the
performance
of
their
official
duties.
8
3.
Emergency
medical
services
shall
be
paid
from
the
9
emergency
medical
service
fund
under
section
331.424D
.
The
10
commission
may
purchase,
own,
rent,
or
maintain
emergency
11
medical
service
apparatus
or
equipment
and
provide
housing
12
for
such
equipment.
The
commission
may
employ
and
train
13
emergency
medical
service
personnel
and
other
personnel
and
may
14
perform
all
other
acts
necessary
to
carry
out
this
section
and
15
section
331.386
.
If
necessary,
the
commission
shall
plan
and
16
coordinate
emergency
medical
service
with
the
local
emergency
17
management
commission
and
emergency
management
coordinator
18
under
chapter
29C
and
the
joint
E911
service
board
under
19
chapter
34A
.
20
4.
The
commission
may
anticipate
the
collection
of
taxes
21
authorized
by
section
331.424D
and
for
such
purposes
direct
22
the
county
board
to
issue
bonds
under
sections
331.441
through
23
331.449
,
relating
to
essential
county
purpose
bonds,
except
24
that
the
bonds
are
payable
only
from
tax
levies
on
property
25
subject
to
the
levy
under
section
331.424D
.
26
5.
Within
sixty
days
after
the
commission
is
established,
27
the
commission
shall
submit
a
proposed
transition
plan
to
the
28
board.
The
transition
plan
shall
include
all
of
the
following:
29
a.
A
list
of
all
personnel,
equipment,
facilities,
and
30
other
available
resources
that
may
be
utilized
by
the
county
31
to
provide
emergency
medical
service,
including
a
list
32
of
additional
personnel,
equipment,
facilities,
and
other
33
resources
that
are
needed
to
provide
emergency
medical
service.
34
The
transition
plan
shall
also
include
any
necessary
procedures
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for
the
transfer
of
current
city,
township,
and
special
purpose
1
district
personnel,
equipment,
and
resources
to
the
county.
2
b.
Financial
information,
including
lists
of
assets
and
3
obligations
of
the
cities,
townships,
and
special
purpose
4
districts
that
are
currently
providing
emergency
medical
5
service
in
the
county.
6
c.
Procedures
and
a
schedule
for
the
transition
of
7
delivery
and
funding
of
emergency
medical
service,
including
8
the
dissolution,
modification,
or
termination
of
any
special
9
purpose
districts
or
contracts
that
provide
emergency
medical
10
service
within
the
county.
The
transition
plan
shall
also
11
recommend
procedures
and
a
schedule
for
the
discontinuance
of
12
any
optional
tax
imposed
by
the
county
under
chapter
422D
.
13
d.
A
structure
for
administration,
management,
and
14
employment
of
emergency
medical
service
personnel,
equipment,
15
facilities,
and
resources.
16
e.
Other
transition
provisions
deemed
relevant
by
the
17
commission.
18
6.
The
board
may
amend
the
proposed
transition
plan
prior
19
to
adoption,
but
if
a
transition
plan
is
not
adopted
by
the
20
board
within
thirty
days
of
submission,
the
transition
plan
21
as
submitted
by
the
commission
shall
be
deemed
to
have
been
22
adopted
by
the
board.
23
7.
By
January
15
of
each
year,
the
commission
shall
24
determine
and
submit
annually
to
the
board
a
proposed
emergency
25
medical
service
budget.
26
Sec.
3.
NEW
SECTION
.
331.424D
Emergency
medical
service
27
fund
——
property
tax
levy.
28
1.
A
county
that
is
providing
emergency
medical
service
29
pursuant
to
sections
331.386
and
331.387
shall
establish
an
30
emergency
medical
service
fund
and
may
certify
taxes
for
levy
31
in
the
county
not
to
exceed
eighty
cents
per
thousand
dollars
32
of
the
assessed
value
of
all
taxable
property
located
in
the
33
county,
except
property
located
in
a
city
that
has
opted
out
34
under
section
331.386,
subsection
5
.
The
tax
shall
be
set
to
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raise
only
the
amount
needed.
1
2.
If
the
levy
authorized
under
subsection
1
is
insufficient
2
to
provide
the
services
required
under
sections
331.386
and
3
331.387
,
the
board
may
levy
an
additional
annual
tax
not
4
exceeding
twenty
cents
per
thousand
dollars
of
assessed
value
5
of
the
taxable
property
that
is
subject
to
the
tax
under
6
subsection
1
.
7
3.
Of
the
levy
authorized
under
subsections
1
and
2
,
the
8
board
may
credit
to
a
reserve
account
annually
an
amount
not
9
to
exceed
thirty
cents
per
thousand
dollars
of
the
assessed
10
value
of
the
taxable
property
in
the
county
for
the
purchase
11
or
replacement
of
supplies
and
equipment
required
to
carry
12
out
the
services
specified
in
sections
331.386
and
331.387.
13
Notwithstanding
section
12C.7,
interest
earned
on
moneys
14
credited
to
the
reserve
account
shall
be
credited
to
the
15
reserve
account.
16
Sec.
4.
Section
357F.12,
Code
2011,
is
amended
to
read
as
17
follows:
18
357F.12
Dissolution
of
district.
19
1.
Upon
Except
as
provided
under
subsection
2,
upon
petition
20
of
thirty-five
percent
of
the
resident
eligible
electors,
the
21
board
may
dissolve
a
district
and
dispose
of
any
remaining
22
property,
the
proceeds
of
which
shall
first
be
applied
against
23
outstanding
obligations
and
any
balance
shall
be
applied
to
24
tax
credit
of
property
owners
of
the
district.
However,
if
25
the
district
is
annexed,
the
board
of
supervisors
may
transfer
26
the
remaining
property
and
balance
to
the
city
which
annexed
27
the
territory.
The
board
shall
continue
to
levy
a
tax
after
28
dissolution
of
a
district,
of
not
to
exceed
twenty-seven
cents
29
per
thousand
dollars
of
assessed
value
on
all
the
taxable
30
property
of
the
district,
until
all
outstanding
obligations
of
31
the
district
are
paid.
32
2.
The
board
shall
dissolve
or
modify
a
district
if
required
33
by
a
transition
plan
adopted
pursuant
to
sections
331.386
and
34
331.387
.
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Sec.
5.
Section
357G.12,
Code
2011,
is
amended
to
read
as
1
follows:
2
357G.12
Dissolution
of
district.
3
1.
Upon
Except
as
provided
under
subsection
2,
upon
petition
4
of
thirty-five
percent
of
the
resident
eligible
electors,
the
5
council
may
dissolve
a
district
and
dispose
of
any
remaining
6
property,
the
proceeds
of
which
shall
first
be
applied
against
7
outstanding
obligations
and
any
balance
shall
be
applied
to
tax
8
credit
of
property
owners
of
the
district.
The
council
shall
9
continue
to
levy
a
tax
after
dissolution
of
a
district,
of
not
10
to
exceed
twenty-seven
cents
per
thousand
dollars
of
assessed
11
value
on
all
the
taxable
property
of
the
district,
until
all
12
outstanding
obligations
of
the
district
are
paid.
13
2.
The
council
shall
dissolve
or
modify
a
district
if
14
required
by
a
transition
plan
adopted
pursuant
to
sections
15
331.386
and
331.387.
16
Sec.
6.
Section
357J.7,
Code
2011,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
4.
Notwithstanding
the
plan
for
19
dissolution
of
the
district
approved
under
section
357J.6
,
the
20
board
shall
dissolve
or
modify
a
district
if
required
by
a
21
transition
plan
pursuant
to
sections
331.386
and
331.387
.
22
Sec.
7.
Section
359.42,
Code
2011,
is
amended
to
read
as
23
follows:
24
359.42
Township
fire
protection
service,
emergency
warning
25
system,
and
emergency
medical
service.
26
Except
as
otherwise
provided
in
section
331.385
,
the
27
trustees
of
each
township
shall
provide
fire
protection
service
28
for
the
township,
exclusive
of
any
part
of
the
township
within
29
a
benefited
fire
district
and
may
provide
emergency
medical
30
service
unless
prohibited
under
section
331.386
.
The
trustees
31
may
purchase,
own,
rent,
or
maintain
fire
protection
service
32
or
emergency
medical
service
apparatus
or
equipment
or
both
33
kinds
of
apparatus
or
equipment
and
provide
housing
for
the
34
equipment.
The
trustees
of
a
township
which
is
located
within
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a
county
having
a
population
of
three
hundred
thousand
or
1
more
may
also
establish
and
maintain
an
emergency
warning
2
system
within
the
township.
The
trustees
may
contract
with
a
3
public
or
private
agency
under
chapter
28E
for
the
purpose
of
4
providing
any
service
or
system
required
or
authorized
under
5
this
section
.
6
Sec.
8.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
7
2012.
8
EXPLANATION
9
Under
current
Code
section
331.385,
a
county
may,
by
10
resolution,
assume
the
exercise
of
the
powers
of
township
11
trustees
relating
to
emergency
medical
service
for
any
township
12
located
in
the
unincorporated
area
of
the
county.
This
bill
13
allows
certain
counties
based
on
population
limitations
to
14
provide
emergency
medical
service
for
all
incorporated
and
15
unincorporated
areas
of
the
county
if
each
city
located
in
16
whole
or
in
part
in
the
county,
except
those
cities
that
opt
17
out
under
the
bill,
each
township
in
the
county,
and
the
board
18
of
supervisors
enter
into
an
agreement
for
the
county
to
19
provide
emergency
medical
service
on
a
countywide
basis.
20
The
bill
specifies
the
procedures
for
each
county
21
electing
to
provide
emergency
medical
service,
including
the
22
establishment
of
an
emergency
medical
service
commission
23
consisting
of
one
member
of
the
board
of
supervisors,
the
24
mayor
from
each
city
located
in
whole
or
in
part
within
the
25
county,
except
those
cities
that
opt
out,
and
three
residents
26
of
the
county
appointed
by
the
board
of
supervisors
who
possess
27
operational
and
technical
experience
in
providing
emergency
28
medical
service.
The
emergency
medical
service
commission
is
29
responsible
for
submitting
a
transition
plan
to
the
board
of
30
supervisors
for
approval.
A
transition
plan
is
required
to
31
include
specified
information
relating
to
personnel,
equipment,
32
facilities,
and
other
available
resources
that
may
be
utilized
33
or
that
may
be
needed
by
the
county
to
provide
emergency
34
medical
service,
any
necessary
procedures
for
the
transfer
of
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current
city,
township,
and
special
purpose
district
personnel,
1
equipment,
and
resources
to
the
county,
financial
information,
2
including
lists
of
assets
and
obligations
of
the
cities,
3
townships,
and
special
purpose
districts
that
are
currently
4
providing
emergency
medical
service
in
the
county,
procedures
5
and
a
schedule
for
the
transition
of
delivery
and
funding
of
6
emergency
medical
service,
a
structure
for
administration,
7
management,
and
employment
of
emergency
medical
service
8
personnel,
equipment,
facilities,
and
resources,
and
other
9
transition
provisions
deemed
relevant
by
the
commission.
10
The
commission
is
required
to
facilitate
the
delivery
and
11
funding
of
emergency
medical
service
to
residents
of
the
county
12
and
is
authorized
to
purchase,
own,
rent,
or
maintain
emergency
13
medical
service
apparatus
or
equipment
and
provide
housing
14
for
such
equipment.
The
commission
may
also
employ
and
train
15
emergency
medical
service
personnel
and
other
personnel,
and
16
may
perform
all
other
acts
necessary
to
carry
out
its
duties.
17
By
January
15
of
each
year,
the
commission
shall
submit
18
annually
to
the
board
of
supervisors
a
proposed
emergency
19
medical
service
budget.
The
commission
may
anticipate
the
20
collection
of
taxes
authorized
by
new
Code
section
331.424D
21
and
for
such
purposes
direct
the
county
board
of
supervisors
22
to
issue
bonds
that
are
payable
only
from
tax
levies
under
new
23
Code
section
331.424D.
24
If
a
county
provides
emergency
medical
service
under
the
25
bill,
no
city,
township,
or
other
special
purpose
district
26
located
in
the
county
shall
provide
emergency
medical
service
27
except
as
allowed
as
part
of
a
transition
plan.
Cities
located
28
in
more
than
one
county
may
opt
out
of
compliance
with
the
bill
29
upon
the
approval
of
the
city
council
and
if
all
areas
of
that
30
city
are
currently
receiving
emergency
medical
service
by
a
31
different
method
authorized
by
law.
32
The
bill
requires
real
and
personal
property
used
to
provide
33
emergency
medical
service
to
areas
of
the
county
by
a
township,
34
city,
or
special
purpose
district
to
be
transferred
to
the
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county,
if
required
by
the
transition
plan,
and
requires
the
1
county
to
assume
all
of
the
outstanding
obligations
of
the
2
cities,
townships,
and
special
purpose
districts
attributable
3
to
providing
emergency
medical
service
in
the
county,
if
4
required
by
the
transition
plan.
A
county
providing
emergency
5
medical
service
under
the
bill
is
prohibited
from
imposing
any
6
optional
tax
authorized
under
Code
chapter
422D.
7
A
county
providing
emergency
medical
services
under
the
bill
8
shall
continue
to
provide
such
services
until
an
agreement
is
9
approved
by
each
city
and
township
in
the
county
and
by
the
10
board
of
supervisors
to
provide
and
finance
emergency
medical
11
service
to
all
areas
of
the
county
by
other
methods
authorized
12
by
law.
13
The
bill
authorizes
a
county
that
is
providing
emergency
14
medical
service
under
new
Code
sections
331.386
and
331.387
to
15
establish
an
emergency
medical
service
fund
and
may
certify
16
taxes
for
levy
in
the
county
not
to
exceed
80
cents
per
$1,000
17
of
the
assessed
value
of
all
taxable
property
located
in
the
18
county,
except
the
property
located
in
a
city
that
has
opted
19
out.
If
such
levy
is
insufficient
to
provide
the
services
20
needed,
the
board
of
supervisors
may
levy
an
additional
annual
21
tax
not
exceeding
20
cents
per
$1,000
of
assessed
value.
Of
22
the
total
amount
levied,
the
board
of
supervisors
may
credit
23
to
a
reserve
account
annually
an
amount
not
to
exceed
30
cents
24
per
$1,000
of
the
assessed
value
of
the
taxable
property
in
25
the
county
for
the
purchase
or
replacement
of
supplies
and
26
equipment
required
to
carry
out
the
requirements
of
the
bill.
27
The
bill
also
includes
provisions
relating
to
the
28
dissolution,
modification,
or
termination
of
certain
special
29
purpose
districts,
as
defined
in
the
bill,
optional
taxes,
and
30
contracts
previously
used
to
provide
emergency
medical
service
31
within
the
county.
32
The
bill
takes
effect
January
1,
2012.
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