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 emergency medical service and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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