S.F. 98 Section 1. Section 331.385, subsection 1, Code 2011, is 1 amended to read as follows: 2 1. A county may, by resolution, assume the exercise of 3 the powers and duties of township trustees relating to fire 4 protection service and emergency medical service for any 5 township located in the unincorporated area of the county. 6 Unless otherwise required to provide emergency medical service 7 on a countywide basis under section 331.386, a county may, by 8 resolution, assume the exercise of the powers and duties of 9 township trustees relating to emergency medical service for any 10 township located in the unincorporated area of the county. 11 Sec. 2. NEW SECTION . 331.386 County duties relating to 12 emergency medical service. 13 1. As used in this section and section 331.387 , unless the 14 context otherwise requires: 15 a. “Commission” means an emergency medical service 16 commission established under section 331.387 . 17 b. “Special purpose district” means a chapter 28E agency 18 authorized by law to provide emergency medical services, an 19 emergency medical services district under chapter 357F , a city 20 emergency medical services district under chapter 357G , or an 21 emergency response district under chapter 357J . 22 2. In lieu of the authority to provide emergency medical 23 service under section 331.385 , a county shall provide emergency 24 medical service for all incorporated and unincorporated areas 25 of the county, including areas located outside of the county 26 if applicable under subsection 5 , pursuant to this section and 27 section 331.387 if any of the following occur: 28 a. An area of the county is not currently receiving 29 emergency medical service and a petition, resolution, 30 ordinance, or other official action has not been filed, 31 proposed, or enacted to provide such service to that area in 32 the future. 33 b. Except as provided in subsection 5, paragraph “b” , each 34 city located in whole or in part in the county, each township 35 -1- LSB 1062XS (22) 84 md/sc 1/ 11

S.F. 98 in the county, and the board enter into an agreement for the 1 county to provide emergency medical service on a countywide 2 basis. 3 3. Each county required to provide emergency medical 4 service under subsection 2 shall: 5 a. Adopt a resolution stating the reason for providing 6 emergency medical service. 7 b. Establish a commission under section 331.387 as soon as 8 practicable following adoption of the resolution required in 9 paragraph “a” . 10 c. Provide emergency medical service in the county according 11 to a transition plan proposed by the commission under section 12 331.387 and adopted by the board. A transition plan adopted by 13 the board shall not be in effect for more than two years. 14 4. If a county provides emergency medical service under this 15 section, no city, township, or other special purpose district 16 located in the county shall provide emergency medical service 17 except as allowed as part of a transition plan. Each city, 18 township, and special purpose district that previously provided 19 emergency medical service shall not be liable for the method, 20 manner, or means by which the county provides emergency medical 21 service. 22 5. a. Except as provided in paragraph “b” , a county that 23 provides emergency medical service under this section shall 24 also provide emergency medical service to the areas of a city 25 located outside the boundaries of the county if an area of that 26 city also lies within the boundaries of the county. 27 b. Cities located in more than one county may opt out of 28 compliance with the requirements of this section upon the 29 approval of the city council and if all areas of that city are 30 currently receiving emergency medical service by a different 31 method authorized by law. 32 6. All real and personal property used to provide emergency 33 medical service to areas of the county by a township, city, or 34 special purpose district shall be transferred to the county 35 -2- LSB 1062XS (22) 84 md/sc 2/ 11

S.F. 98 if required by the transition plan. The county shall, if 1 required in the transition plan, assume all of the outstanding 2 obligations of the cities, townships, and special purpose 3 districts attributable to providing emergency medical service 4 in the county. If a city, township, or other special purpose 5 district provides emergency medical service by agreement 6 outside of the county’s boundaries, the county shall continue 7 to provide emergency medical service to that area subject to 8 the agreement for ninety days after adoption of the transition 9 plan or until expiration of the emergency medical services 10 agreement, whichever is later. 11 7. Nothing in this section or section 331.387 shall be 12 construed to limit a county’s authority to provide emergency 13 medical service by agreement under chapter 28E . 14 8. A county providing emergency medical service under this 15 section shall not impose any optional tax authorized under 16 chapter 422D . A county ordinance imposing such an optional 17 tax shall be repealed according to the requirements of chapter 18 422D . Any remaining revenue in an emergency medical services 19 trust fund under section 422D.6 shall then be transferred 20 to the emergency medical service fund created under section 21 331.424D . 22 9. If a county is providing emergency medical services 23 under this section, the county shall continue to provide such 24 services until an agreement is approved by each city and 25 township in the county and by the board to provide and finance 26 emergency medical service to all areas of the county by other 27 methods authorized by law. Such an agreement shall include 28 provisions for the distribution of personnel, equipment, 29 assets, and obligations of the county to each city and township 30 that is receiving emergency medical service from the county 31 under this section. 32 Sec. 3. NEW SECTION . 331.387 County emergency medical 33 service commission. 34 1. Each emergency medical service commission shall 35 -3- LSB 1062XS (22) 84 md/sc 3/ 11

S.F. 98 facilitate the delivery and funding of emergency medical 1 service to residents of the county and may adopt the necessary 2 rules and procedures or establish subcommittees for the 3 implementation of this section and section 331.386 . 4 2. a. The commission shall consist of all of the following: 5 (1) One member of the board. 6 (2) The mayor from each city located in whole or in part 7 within the county, except those cities that opt out under 8 section 331.386, subsection 5 . 9 (3) Three residents of the county appointed by the board 10 who possess operational and technical experience in providing 11 emergency medical service. The term for each appointee under 12 this subparagraph shall be two years, and each appointee may be 13 reappointed without limitation. 14 b. A member of the commission shall not appoint a designee 15 to serve on the commission in the member’s capacity. 16 c. Members of the commission shall not receive compensation, 17 but they shall be reimbursed for their actual and necessary 18 expenses incurred in the performance of their official duties. 19 3. Emergency medical services shall be paid from the 20 emergency medical service fund under section 331.424D . The 21 commission may purchase, own, rent, or maintain emergency 22 medical service apparatus or equipment and provide housing 23 for such equipment. The commission may employ and train 24 emergency medical service personnel and other personnel and may 25 perform all other acts necessary to carry out this section and 26 section 331.386 . If necessary, the commission shall plan and 27 coordinate emergency medical service with the local emergency 28 management commission and emergency management coordinator 29 under chapter 29C and the joint E911 service board under 30 chapter 34A . 31 4. The commission may anticipate the collection of taxes 32 authorized by section 331.424D and for such purposes direct 33 the county board to issue bonds under sections 331.441 through 34 331.449 , relating to essential county purpose bonds, except 35 -4- LSB 1062XS (22) 84 md/sc 4/ 11

S.F. 98 that the bonds are payable only from tax levies on property 1 subject to the levy under section 331.424D . 2 5. Within sixty days after the commission is established, 3 the commission shall submit a proposed transition plan to the 4 board. The transition plan shall include all of the following: 5 a. A list of all personnel, equipment, facilities, and 6 other available resources that may be utilized by the county 7 to provide emergency medical service, including a list 8 of additional personnel, equipment, facilities, and other 9 resources that are needed to provide emergency medical service. 10 The transition plan shall also include any necessary procedures 11 for the transfer of current city, township, and special purpose 12 district personnel, equipment, and resources to the county. 13 b. Financial information, including lists of assets and 14 obligations of the cities, townships, and special purpose 15 districts that are currently providing emergency medical 16 service in the county. 17 c. Procedures and a schedule for the transition of 18 delivery and funding of emergency medical service, including 19 the dissolution, modification, or termination of any special 20 purpose districts or contracts that provide emergency medical 21 service within the county. The transition plan shall also 22 recommend procedures and a schedule for the discontinuance of 23 any optional tax imposed by the county under chapter 422D . 24 d. A structure for administration, management, and 25 employment of emergency medical service personnel, equipment, 26 facilities, and resources. 27 e. Other transition provisions deemed relevant by the 28 commission. 29 6. The board may amend the proposed transition plan prior 30 to adoption, but if a transition plan is not adopted by the 31 board within thirty days of submission, the transition plan 32 as submitted by the commission shall be deemed to have been 33 adopted by the board. 34 7. By January 15 of each year, the commission shall 35 -5- LSB 1062XS (22) 84 md/sc 5/ 11

S.F. 98 determine and submit annually to the board a proposed emergency 1 medical service budget. 2 Sec. 4. NEW SECTION . 331.424D Emergency medical service 3 fund —— property tax levy. 4 1. A county that is providing emergency medical service 5 pursuant to sections 331.386 and 331.387 shall establish an 6 emergency medical service fund and may certify taxes for levy 7 in the county not to exceed eighty cents per thousand dollars 8 of the assessed value of all taxable property located in the 9 county, except property located in a city that has opted out 10 under section 331.386, subsection 5 . The tax shall be set to 11 raise only the amount needed. 12 2. If the levy authorized under subsection 1 is insufficient 13 to provide the services required under sections 331.386 and 14 331.387 , the board may levy an additional annual tax not 15 exceeding twenty cents per thousand dollars of assessed value 16 of the taxable property that is subject to the tax under 17 subsection 1 . 18 3. Of the levy authorized under subsections 1 and 2 , the 19 board may credit to a reserve account annually an amount not 20 to exceed thirty cents per thousand dollars of the assessed 21 value of the taxable property in the county for the purchase 22 or replacement of supplies and equipment required to carry 23 out the services specified in sections 331.386 and 331.387. 24 Notwithstanding section 12C.7, interest earned on moneys 25 credited to the reserve account shall be credited to the 26 reserve account. 27 Sec. 5. Section 357F.12, Code 2011, is amended to read as 28 follows: 29 357F.12 Dissolution of district. 30 1. Upon Except as provided under subsection 2, upon petition 31 of thirty-five percent of the resident eligible electors, the 32 board may dissolve a district and dispose of any remaining 33 property, the proceeds of which shall first be applied against 34 outstanding obligations and any balance shall be applied to 35 -6- LSB 1062XS (22) 84 md/sc 6/ 11

S.F. 98 tax credit of property owners of the district. However, if 1 the district is annexed, the board of supervisors may transfer 2 the remaining property and balance to the city which annexed 3 the territory. The board shall continue to levy a tax after 4 dissolution of a district, of not to exceed twenty-seven cents 5 per thousand dollars of assessed value on all the taxable 6 property of the district, until all outstanding obligations of 7 the district are paid. 8 2. The board shall dissolve or modify a district if required 9 by a transition plan adopted pursuant to sections 331.386 and 10 331.387 . 11 Sec. 6. Section 357G.12, Code 2011, is amended to read as 12 follows: 13 357G.12 Dissolution of district. 14 1. Upon Except as provided under subsection 2, upon petition 15 of thirty-five percent of the resident eligible electors, the 16 council may dissolve a district and dispose of any remaining 17 property, the proceeds of which shall first be applied against 18 outstanding obligations and any balance shall be applied to tax 19 credit of property owners of the district. The council shall 20 continue to levy a tax after dissolution of a district, of not 21 to exceed twenty-seven cents per thousand dollars of assessed 22 value on all the taxable property of the district, until all 23 outstanding obligations of the district are paid. 24 2. The council shall dissolve or modify a district if 25 required by a transition plan adopted pursuant to sections 26 331.386 and 331.387. 27 Sec. 7. Section 357J.7, Code 2011, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 4. Notwithstanding the plan for 30 dissolution of the district approved under section 357J.6 , the 31 board shall dissolve or modify a district if required by a 32 transition plan pursuant to sections 331.386 and 331.387 . 33 Sec. 8. Section 359.42, Code 2011, is amended to read as 34 follows: 35 -7- LSB 1062XS (22) 84 md/sc 7/ 11

S.F. 98 359.42 Township fire protection service, emergency warning 1 system, and emergency medical service. 2 Except as otherwise provided in section 331.385 , the 3 trustees of each township shall provide fire protection service 4 for the township, exclusive of any part of the township within 5 a benefited fire district and may provide emergency medical 6 service unless prohibited under section 331.386 . The trustees 7 may purchase, own, rent, or maintain fire protection service 8 or emergency medical service apparatus or equipment or both 9 kinds of apparatus or equipment and provide housing for the 10 equipment. The trustees of a township which is located within 11 a county having a population of three hundred thousand or 12 more may also establish and maintain an emergency warning 13 system within the township. The trustees may contract with a 14 public or private agency under chapter 28E for the purpose of 15 providing any service or system required or authorized under 16 this section . 17 Sec. 9. EFFECTIVE DATE. This Act takes effect January 1, 18 2012. 19 EXPLANATION 20 Under current Code section 331.385, a county may, by 21 resolution, assume the exercise of the powers of township 22 trustees relating to emergency medical service for any township 23 located in the unincorporated area of the county. This bill 24 requires a county to provide emergency medical service for all 25 incorporated and unincorporated areas of the county if either 26 (1) an area of the county is not currently provided emergency 27 medical service and a petition, resolution, ordinance, or 28 other official action has not been filed, proposed, or enacted 29 to provide such service to that area in the future, or (2) 30 each city located in whole or in part in the county, except 31 those cities that opt out under the bill, each township in the 32 county, and the board of supervisors enter into an agreement 33 for the county to provide emergency medical service on a 34 countywide basis. 35 -8- LSB 1062XS (22) 84 md/sc 8/ 11

S.F. 98 The bill specifies the procedures for each county 1 required to provide emergency medical service, including the 2 establishment of an emergency medical service commission 3 consisting of one member of the board of supervisors, the 4 mayor from each city located in whole or in part within the 5 county, except those cities that opt out, and three residents 6 of the county appointed by the board of supervisors who possess 7 operational and technical experience in providing emergency 8 medical service. The emergency medical service commission is 9 responsible for submitting a transition plan to the board of 10 supervisors for approval. A transition plan is required to 11 include specified information relating to personnel, equipment, 12 facilities, and other available resources that may be utilized 13 or that may be needed by the county to provide emergency 14 medical service, any necessary procedures for the transfer of 15 current city, township, and special purpose district personnel, 16 equipment, and resources to the county, financial information, 17 including lists of assets and obligations of the cities, 18 townships, and special purpose districts that are currently 19 providing emergency medical service in the county, procedures 20 and a schedule for the transition of delivery and funding of 21 emergency medical service, a structure for administration, 22 management, and employment of emergency medical service 23 personnel, equipment, facilities, and resources, and other 24 transition provisions deemed relevant by the commission. 25 The commission is required to facilitate the delivery and 26 funding of emergency medical service to residents of the county 27 and is authorized to purchase, own, rent, or maintain emergency 28 medical service apparatus or equipment and provide housing 29 for such equipment. The commission may also employ and train 30 emergency medical service personnel and other personnel, and 31 may perform all other acts necessary to carry out its duties. 32 By January 15 of each year, the commission shall submit 33 annually to the board of supervisors a proposed emergency 34 medical service budget. The commission may anticipate the 35 -9- LSB 1062XS (22) 84 md/sc 9/ 11

S.F. 98 collection of taxes authorized by new Code section 331.424D 1 and for such purposes direct the county board of supervisors 2 to issue bonds that are payable only from tax levies under new 3 Code section 331.424D. 4 If a county provides emergency medical service under the 5 bill, no city, township, or other special purpose district 6 located in the county shall provide emergency medical service 7 except as allowed as part of a transition plan. Cities located 8 in more than one county may opt out of compliance with the bill 9 upon the approval of the city council and if all areas of that 10 city are currently receiving emergency medical service by a 11 different method authorized by law. 12 The bill requires real and personal property used to provide 13 emergency medical service to areas of the county by a township, 14 city, or special purpose district to be transferred to the 15 county, if required by the transition plan, and requires the 16 county to assume all of the outstanding obligations of the 17 cities, townships, and special purpose districts attributable 18 to providing emergency medical service in the county, if 19 required by the transition plan. A county providing emergency 20 medical service under the bill is prohibited from imposing any 21 optional tax authorized under Code chapter 422D. 22 A county providing emergency medical services under the bill 23 shall continue to provide such services until an agreement is 24 approved by each city and township in the county and by the 25 board of supervisors to provide and finance emergency medical 26 service to all areas of the county by other methods authorized 27 by law. 28 The bill authorizes a county that is providing emergency 29 medical service under new Code sections 331.386 and 331.387 to 30 establish an emergency medical service fund and may certify 31 taxes for levy in the county not to exceed 80 cents per $1,000 32 of the assessed value of all taxable property located in the 33 county, except the property located in a city that has opted 34 out. If such levy is insufficient to provide the services 35 -10- LSB 1062XS (22) 84 md/sc 10/ 11

S.F. 98 needed, the board of supervisors may levy an additional annual 1 tax not exceeding 20 cents per $1,000 of assessed value. Of 2 the total amount levied, the board of supervisors may credit 3 to a reserve account annually an amount not to exceed 30 cents 4 per $1,000 of the assessed value of the taxable property in 5 the county for the purchase or replacement of supplies and 6 equipment required to carry out the requirements of the bill. 7 The bill also includes provisions relating to the 8 dissolution, modification, or termination of certain special 9 purpose districts, as defined in the bill, optional taxes, and 10 contracts previously used to provide emergency medical service 11 within the county. 12 The bill takes effect January 1, 2012. 13 -11- LSB 1062XS (22) 84 md/sc 11/ 11