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 TLSB 1062SV (3) 84 md/sc
S.F. 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 -1- LSB 1062SV (3) 84 md/sc 1/ 10
S.F. 450 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 35 -2- LSB 1062SV (3) 84 md/sc 2/ 10
S.F. 450 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 35 -3- LSB 1062SV (3) 84 md/sc 3/ 10
S.F. 450 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 35 -4- LSB 1062SV (3) 84 md/sc 4/ 10
S.F. 450 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 35 -5- LSB 1062SV (3) 84 md/sc 5/ 10
S.F. 450 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 . 35 -6- LSB 1062SV (3) 84 md/sc 6/ 10
S.F. 450 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 35 -7- LSB 1062SV (3) 84 md/sc 7/ 10
S.F. 450 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 35 -8- LSB 1062SV (3) 84 md/sc 8/ 10
S.F. 450 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 35 -9- LSB 1062SV (3) 84 md/sc 9/ 10
S.F. 450 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. 33 -10- LSB 1062SV (3) 84 md/sc 10/ 10