Senate Study Bill 3179 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) A BILL FOR An Act relating to fire protection and emergency medical 1 services, including tax credits, service charges, and 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6020SC (3) 84 ec/sc
S.F. _____ DIVISION I 1 EMERGENCY MEDICAL SERVICES TRAINING 2 Section 1. 2011 Iowa Acts, chapter 129, section 114, 3 subsection 1, paragraph a, is amended by adding the following 4 new subparagraph: 5 NEW SUBPARAGRAPH . (3) Of the funds allocated in 6 this paragraph “a”, $750,000 shall be transferred to the 7 appropriation to the department of public health in this Act 8 for public protection to be used for emergency medical services 9 training for communities with populations under 9,000. 10 DIVISION II 11 STATEWIDE INTEROPERABLE COMMUNICATIONS SYSTEM BOARD 12 Sec. 2. Section 80.28, subsection 2, paragraph b, Code 2011, 13 is amended by adding the following new subparagraph: 14 NEW SUBPARAGRAPH . (05) One member who is an emergency 15 manager and a representative of the Iowa emergency management 16 association. 17 Sec. 3. Section 80.28, subsection 4, Code 2011, is amended 18 to read as follows: 19 4. The voting members of the board shall be appointed in 20 compliance with sections 69.16 and 69.16A . Members shall elect 21 a chairperson and vice chairperson from the board membership, 22 who shall serve two-year terms. Members representing state 23 agencies and appointed by the governor shall be employees of 24 the agency, department, or office represented. The members 25 appointed by the governor shall be appointed to three-year 26 staggered terms and the terms shall commence and end as 27 provided by section 69.19 . If a vacancy occurs among the 28 voting members, a successor shall be appointed to serve the 29 unexpired term. A successor shall be appointed in the same 30 manner and subject to the same qualifications as the original 31 appointment to serve the unexpired term. The voting members 32 of the board are entitled to receive reimbursement for actual 33 expenses incurred while engaged in the performance of official 34 duties from funds appropriated to the department of public 35 -1- LSB 6020SC (3) 84 ec/sc 1/ 17
S.F. _____ safety and the state department of transportation for that 1 purpose. The departments shall enter into an agreement to 2 provide administrative assistance and support to the board. 3 DIVISION III 4 PUBLIC SAFETY COMMUNICATIONS 5 Sec. 4. NEW SECTION . 34A.11 Communications —— single point 6 of contact. 7 A public or private safety agency that determines that a 8 need, issue, or concern exists or has arisen in connection 9 with the provision of public safety communications within an 10 enhanced 911 service area shall file, register, or otherwise 11 convey the need, issue, or concern to the joint E911 service 12 board maintained within the area, or an alternative legal 13 entity created pursuant to chapter 28E as provided in 14 section 34A.3, subsection 3. The joint E911 service board 15 or alternative legal entity shall serve as the single point 16 of contact with regard to the receipt of public safety 17 communications needs, issues, or concerns, and shall take such 18 action with regard to the disposition of the need, issue, or 19 concern as the board or entity in its discretion determines 20 appropriate. 21 DIVISION IV 22 VOLUNTEER FIRE FIGHTER AND EMERGENCY MEDICAL SERVICES TAX 23 CREDIT 24 Sec. 5. Section 8.57E, Code Supplement 2011, is amended to 25 read as follows: 26 8.57E Taxpayers trust fund. 27 1. A taxpayers trust fund is created. The fund shall be 28 separate from the general fund of the state and the balance in 29 the fund shall not be considered part of the balance of the 30 general fund of the state. The moneys credited to the fund 31 are not subject to section 8.33 and shall not be transferred, 32 used, obligated, appropriated, or otherwise encumbered except 33 as provided in this section . 34 2. Moneys in the taxpayers trust fund shall only be used 35 -2- LSB 6020SC (3) 84 ec/sc 2/ 17
S.F. _____ pursuant to appropriations made by the general assembly for tax 1 relief. 2 3. a. There is appropriated from the taxpayers trust fund 3 to the general fund, for the fiscal year beginning July 1, 4 2014, and subsequent fiscal years, an amount of moneys equal 5 to the credits claimed under the volunteer fire fighter and 6 volunteer emergency medical services personnel income tax 7 credit in section 422.12 for the calendar year preceding the 8 fiscal year for which the appropriation is made. The maximum 9 annual appropriation under this paragraph shall not exceed 10 sixty million dollars. 11 b. Moneys The moneys remaining in the taxpayers trust fund 12 after the appropriation in paragraph “a” may be used for cash 13 flow purposes during a fiscal year provided that any moneys so 14 allocated are returned to the fund by the end of that fiscal 15 year. 16 b. 4. Except as provided in section 8.58 , the taxpayers 17 trust fund shall be considered a special account for the 18 purposes of section 8.53 in determining the cash position 19 of the general fund of the state for the payment of state 20 obligations. 21 4. 5. Notwithstanding section 12C.7, subsection 2 , 22 interest or earnings on moneys deposited in the taxpayers trust 23 fund shall be credited to the fund. 24 Sec. 6. Section 422.12, subsection 1, Code 2011, is amended 25 by adding the following new paragraphs: 26 NEW PARAGRAPH . 0b. “Emergency medical services personnel” 27 means an emergency medical care provider, as defined in section 28 147A.1, who is certified as a first responder pursuant to 29 chapter 147A. 30 NEW PARAGRAPH . d. “Volunteer fire fighter” means a 31 volunteer fire fighter as defined in section 85.61 who has met 32 the minimum training standards established by the fire service 33 training bureau pursuant to chapter 100B. 34 Sec. 7. Section 422.12, subsection 2, Code 2011, is amended 35 -3- LSB 6020SC (3) 84 ec/sc 3/ 17
S.F. _____ by adding the following new paragraph: 1 NEW PARAGRAPH . c. (1) A volunteer fire fighter and 2 volunteer emergency medical services personnel credit equal 3 to five hundred dollars to compensate the taxpayer for the 4 voluntary services if the volunteer served for the entire tax 5 year. 6 If the taxpayer is not a volunteer fire fighter or volunteer 7 emergency medical services personnel for the entire tax 8 year, the maximum amount of the credit shall be prorated 9 and the amount of credit for the taxpayer shall equal the 10 maximum amount of credit for the tax year, divided by twelve, 11 multiplied by the number of months in the tax year the taxpayer 12 was a volunteer. The credit shall be rounded to the nearest 13 dollar. If the taxpayer is a volunteer during any part of a 14 month, the taxpayer shall be considered a volunteer for the 15 entire month. If the taxpayer is a volunteer fire fighter and 16 a volunteer emergency medical services personnel during the 17 same month, a credit may be claimed for only one volunteer 18 position for that month. 19 (2) The taxpayer is required to have a written statement 20 from the fire chief or other appropriate supervisor verifying 21 that the taxpayer was a volunteer fire fighter or volunteer 22 emergency medical services personnel for the months for which 23 the credit under this subsection is claimed. 24 Sec. 8. APPLICABILITY. This division of this Act applies to 25 tax years beginning on or after January 1, 2013. 26 DIVISION V 27 PUBLIC SAFETY EMPLOYEE SURVIVOR BENEFITS 28 Sec. 9. Section 260C.14, Code 2011, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 23. Adopt rules to waive tuition and 31 mandatory fee charges for any student in good standing who is 32 a resident of Iowa; is under the age of twenty-six, or under 33 the age of thirty if the student is a qualified veteran as 34 defined in subsection 14; is not a convicted felon as defined 35 -4- LSB 6020SC (3) 84 ec/sc 4/ 17
S.F. _____ in section 910.15; and is the child of an individual who died 1 in the line of duty as determined by section 97A.6, subsection 2 16, section 97B.52, subsection 2, section 100B.31, or section 3 411.6, subsection 15. 4 Sec. 10. Section 262.9, Code Supplement 2011, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION . 36. Adopt rules that require the 7 institutions of higher education under its control to waive 8 tuition and mandatory fee charges for any undergraduate student 9 in good standing who is a resident of Iowa; is under the age 10 of twenty-six, or under the age of thirty if the student is 11 a qualified veteran as defined in subsection 17; is not a 12 convicted felon as defined in section 910.15; and is the child 13 of an individual who died in the line of duty as determined by 14 section 97A.6, subsection 16, section 97B.52, subsection 2, 15 section 100B.31, or section 411.6, subsection 15. 16 Sec. 11. Section 509A.13, Code 2011, is amended to read as 17 follows: 18 509A.13 Continuation of group insurance. 19 1. If a governing body, a county board of supervisors, or a 20 city council has procured for its employees accident, health, 21 or hospitalization insurance, or a medical service plan, or has 22 contracted with a health maintenance organization authorized 23 to do business in this state, the governing body, county board 24 of supervisors, or city council shall allow do all of the 25 following: 26 a. Allow its employees who retired before attaining 27 sixty-five years of age to continue participation in the group 28 plan or under the group contract at the employee’s own expense 29 until the employee attains sixty-five years of age. 30 b. Allow any child of an eligible deceased employee to 31 continue participation in the group plan or under the group 32 contract at the employer’s expense until the child attains 33 twenty-six years of age. For purposes of this paragraph, 34 “eligible deceased employee” means an employee who died in 35 -5- LSB 6020SC (3) 84 ec/sc 5/ 17
S.F. _____ the line of duty as determined by section 97A.6, subsection 1 16, section 97B.52, subsection 2, section 100B.31, or section 2 411.6, subsection 15. 3 2. This section applies to employees who retired on or 4 after January 1, 1981 , and to children of an eligible deceased 5 employee who died on or after July 1, 2012 . 6 Sec. 12. IMPLEMENTATION OF ACT. Section 25B.2, subsection 7 3, shall not apply to this division of this Act. 8 DIVISION VI 9 EMERGENCY MANAGEMENT COMMISSIONS —— FINANCING 10 Sec. 13. Section 29C.9, subsection 2, Code Supplement 2011, 11 is amended to read as follows: 12 2. The commission shall be composed of a member of the 13 board of supervisors or its appointed representative , the 14 sheriff or the sheriff’s representative , and the mayor or the 15 mayor’s representative from each city within the county. The 16 commission members shall be the operations liaison officers 17 between their jurisdiction and the commission. A commission 18 member may designate an alternate to represent the designated 19 entity. For any activity relating to section 29C.17, 20 subsection 2, or chapter 24, participation shall only be by a 21 commission member or a designated alternate that is an elected 22 official from the same designated entity. 23 Sec. 14. Section 29C.17, subsections 2 and 5, Code 24 Supplement 2011, are amended to read as follows: 25 2. For the purposes consistent with this chapter, the local 26 emergency management agency’s approved budget may shall be 27 funded by one or any combination of the following options , as 28 determined by the commission : 29 a. A countywide special levy approved by the board of 30 supervisors pursuant to section 331.424, subsection 1, to the 31 extent the county’s basic levy is insufficient . 32 b. Per capita allocation funded from city and county general 33 funds or by a combination of city and county special levies 34 which may be apportioned among the member jurisdictions. 35 -6- LSB 6020SC (3) 84 ec/sc 6/ 17
S.F. _____ c. An allocation computed as each jurisdiction’s relative 1 share of the total assessed valuation within the county. 2 d. A voluntary share allocation. 3 e. Other funding sources allowed by law. 4 5. Subject to chapter 24 , the commission shall adopt, 5 certify, and submit provide a budget, on or before February 28 6 of each year, to the county board of supervisors and the cities 7 for the ensuing fiscal year which will include an itemized list 8 of the number of emergency management personnel, their salaries 9 and cost of personnel benefits, travel and transportation 10 costs, fixed costs of operation, and all other anticipated 11 emergency management expenses. The salaries and compensation 12 of agency personnel coming under the merit system as determined 13 by the commission will include salary schedules for classes in 14 which the salary of a class is based on merit qualifications 15 for the positions funding entities determined pursuant to 16 subsection 2 . The form of the budget shall be as prescribed by 17 the department of management. Any portion of a tax levied by a 18 county or city to support the local emergency management agency 19 may be identified separately on tax statements issued by the 20 county treasurer. 21 Sec. 15. Section 29C.17, Code Supplement 2011, is amended by 22 adding the following new subsection: 23 NEW SUBSECTION . 3A. Joint emergency response communication 24 services under section 29C.9, subsection 6, shall be funded as 25 provided for in the agreement entered into pursuant to chapter 26 28E. 27 DIVISION VII 28 IOWACARE AMBULANCE TRANSPORTATION COVERAGE 29 Sec. 16. IOWACARE —— AMBULANCE TRANSPORTATION AS A COVERED 30 SERVICE. The department of human services shall adopt rules 31 for the IowaCare program created pursuant to chapter 249J to 32 include ambulance transportation to and from a participating 33 provider as specified in section 249J.7 as a covered service 34 under section 249J.6. The department of human services shall 35 -7- LSB 6020SC (3) 84 ec/sc 7/ 17
S.F. _____ amend applicable medical assistance program state plan and 1 waiver provisions as necessary to implement this section. 2 DIVISION VIII 3 EMERGENCY MEDICAL SERVICES REPORTS 4 Sec. 17. Section 100B.2, Code 2011, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 9. Consult with and provide 7 recommendations to the state fire marshal and director 8 of the department of public health concerning efficient and 9 cost-effective methods of providing reports required of fire 10 service and emergency services personnel. 11 DIVISION IX 12 FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES CHARGES 13 Sec. 18. Section 331.385, subsection 5, paragraph a, Code 14 2011, is amended to read as follows: 15 a. Notwithstanding subsection 1 , if as of July 1, 2006, a 16 township has in force an agreement entered into pursuant to 17 chapter 28E for a city or another township to provide fire 18 protection service or fire protection service and emergency 19 medical service for the township, or if a township is otherwise 20 contracting with a city or another township for provision to 21 the township of fire protection service or fire protection 22 service and emergency medical service, the county board of 23 supervisors shall, for the fiscal year beginning July 1, 2007, 24 and subsequent fiscal years, negotiate for and enter into an 25 agreement pursuant to chapter 28E providing for continued fire 26 protection service, or fire protection service and emergency 27 medical service, to the township, and shall certify taxes 28 for levy in the township or impose service charges, or both , 29 pursuant to section 331.424C , in amounts sufficient to meet the 30 financial obligations pertaining to the agreement. 31 Sec. 19. Section 331.424C, Code 2011, is amended to read as 32 follows: 33 331.424C Emergency services fund. 34 A county that is providing fire protection service or 35 -8- LSB 6020SC (3) 84 ec/sc 8/ 17
S.F. _____ emergency medical service to a township pursuant to section 1 331.385 shall establish an emergency services fund and may 2 certify taxes for levy in the township or may impose service 3 charges for such services, or both. The taxes levied or 4 charges imposed shall not to exceed the amounts authorized in 5 section 359.43 . The county has the authority to use a portion 6 of the taxes levied or charges imposed and deposited in the 7 fund for the purpose of accumulating moneys to carry out the 8 purposes of section 359.43, subsection 4 . 9 Sec. 20. Section 357J.17, Code 2011, is amended to read as 10 follows: 11 357J.17 Transition —— township tax and service charges 12 discontinued. 13 When the boundary lines of the district include all or a 14 portion of a township and the district has certified a tax levy 15 within the township for the purpose of fire protection service 16 and emergency medical service, the township trustees shall no 17 longer levy the tax or impose the service charges provided 18 by section 359.43 in that portion of the township provided 19 services by the district. Any indebtedness incurred for the 20 purposes of sections 359.42 through 359.45 for a service now 21 provided by the district shall be assumed by the district. 22 Such township shall not be responsible for providing fire 23 protection service and emergency medical service as provided 24 in section 359.42 for the portion of the township within the 25 district, and shall have no liability for the method, manner, 26 or means by which the district provides the fire protection 27 service and emergency medical service. 28 Sec. 21. Section 359.43, Code 2011, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 6. a. In addition to or in lieu of the 31 property tax levies authorized in this section, the trustees 32 may authorize the collection of any of the following: 33 (1) A service charge for fire protection service from the 34 property owner where the fire protection service was provided. 35 -9- LSB 6020SC (3) 84 ec/sc 9/ 17
S.F. _____ (2) A service charge for emergency medical service from the 1 recipient of the emergency medical service or from the parent 2 of the recipient if the recipient is a minor. For purposes 3 of this subsection, “minor” means an individual who is under 4 eighteen years of age and is not considered by law to be an 5 adult, and “parent” means one biological or adoptive parent, a 6 stepparent, or a legal guardian or custodian of the minor. 7 b. A service charge collected under this section for fire 8 protection service or emergency medical service shall not 9 exceed an amount equal to the actual expense incurred by the 10 township to provide the service. 11 c. The state fire service and emergency response council 12 established in section 100B.1 shall develop guidelines for 13 townships to follow when authorizing the collection of service 14 charges for fire protection service or emergency medical 15 service. 16 d. If the trustees contract with a public or private agency 17 under chapter 28E for the purpose of providing fire protection 18 service or emergency medical service, the public or private 19 agency may collect the service charges authorized under this 20 subsection if the types and amounts of such service charges are 21 specified in the chapter 28E agreement. 22 e. (1) If a service charge for fire protection service 23 imposed under this subsection remains unpaid six months 24 after the property owner was notified of the service charge, 25 the unpaid amount shall constitute a lien upon the property 26 where such service was provided. The lien shall have equal 27 precedence with ordinary taxes, may be certified to the county 28 treasurer and collected in the same manner as ordinary taxes, 29 and is not divested by a judicial sale. 30 (2) If a service charge for emergency medical service 31 imposed under this subsection remains unpaid six months after 32 the recipient of the service, or the parent of the recipient if 33 the recipient is a minor, was notified of the service charge, 34 the trustees may bring a civil action in order to collect the 35 -10- LSB 6020SC (3) 84 ec/sc 10/ 17
S.F. _____ amount due. The civil action may be heard by the district 1 court sitting in small claims as provided in chapter 631 unless 2 the amount due exceeds the jurisdictional amount for small 3 claims set forth in section 631.1. 4 Sec. 22. Section 359.45, Code 2011, is amended to read as 5 follows: 6 359.45 Anticipatory bonds. 7 Townships may anticipate the collection of taxes or service 8 charges authorized by section 359.43 and for such purposes 9 may direct the county board of supervisors to issue bonds 10 under sections 331.441 to 331.449 relating to essential county 11 purpose bonds except that the bonds are payable only from tax 12 levies on property subject to the levy under section 359.43 or 13 from service charges collected under section 359.43 . 14 DIVISION X 15 EMERGENCY SERVICES —— TRAFFIC VIOLATIONS 16 Sec. 23. Section 321.1, Code Supplement 2011, is amended by 17 adding the following new subsection: 18 NEW SUBSECTION . 20C. “Emergency services zone” means the 19 portion of a highway which is within five hundred feet of a 20 stationary authorized emergency vehicle that is on the highway 21 and displaying flashing yellow, amber, white, red, or red and 22 blue lights. 23 Sec. 24. Section 805.8A, subsection 14, paragraph i, Code 24 Supplement 2011, is amended to read as follows: 25 i. Road work zone and emergency services zone 26 violations. The scheduled fine for any moving traffic 27 violation under chapter 321 , as provided in this section , shall 28 be doubled if the violation occurs within any road work zone 29 or emergency services zone , both as defined in section 321.1 . 30 However, notwithstanding subsection 5 , the scheduled fine for 31 violating the speed limit in a road work zone or emergency 32 services zone is as follows: 33 (1) One hundred fifty dollars for speed not more than ten 34 miles per hour over the posted speed limit. 35 -11- LSB 6020SC (3) 84 ec/sc 11/ 17
S.F. _____ (2) Three hundred dollars for speed greater than ten but not 1 more than twenty miles per hour over the posted speed limit. 2 (3) Five hundred dollars for speed greater than twenty but 3 not more than twenty-five miles per hour over the posted speed 4 limit. 5 (4) One thousand dollars for speed greater than twenty-five 6 miles per hour over the posted speed limit. 7 EXPLANATION 8 This bill concerns fire protection and emergency medical 9 services. 10 DIVISION I —— EMERGENCY MEDICAL SERVICES TRAINING. This 11 division of the bill transfers $750,000 from the allocation to 12 the department of public health for the tobacco use prevention 13 and control initiative to the appropriation to the department 14 of public health for public protection to be used for emergency 15 medical services training for communities with populations 16 under 9,000 for FY 2012-2013. 17 DIVISION II —— STATEWIDE INTEROPERABLE COMMUNICATIONS SYSTEM 18 BOARD. This division of the bill relates to the membership of 19 the statewide interoperable communications system board. 20 The division adds an emergency manager who is a 21 representative of the Iowa emergency management association to 22 the board. 23 The division provides that the governor shall solicit 24 and consider recommendations from professional or volunteer 25 organizations prior to making the appointment to the board. 26 Code section 80.28(4) specifies the representative of the 27 Iowa emergency management association appointed to the board 28 shall serve a three-year term. 29 The division also provides that members of the board shall 30 be an employee of the state agency, department, or office the 31 member is representing. 32 DIVISION III —— PUBLIC SAFETY COMMUNICATIONS. This division 33 of the bill provides that if a public or private safety agency 34 has a need, issue, or concern in connection with the provision 35 -12- LSB 6020SC (3) 84 ec/sc 12/ 17
S.F. _____ of public safety communications within an enhanced 911 service 1 area, the agency shall file, register, or otherwise convey 2 the need, issue, or concern to the joint E911 service board 3 maintained within the area, or an alternative legal entity 4 established as provided in Code section 34A.3, subsection 5 3. The division directs the applicable joint E911 service 6 board or alternative legal entity to serve as the single 7 point of contact with regard to the receipt of public safety 8 communications needs, issues, or concerns, and authorizes 9 the board or entity to take such action with regard to the 10 disposition of the need, issue, or concern as the board or 11 entity in its discretion determines appropriate. 12 DIVISION IV —— VOLUNTEER FIRE FIGHTER AND EMERGENCY MEDICAL 13 SERVICES TAX CREDIT. This division of the bill provides a 14 nonrefundable individual income tax credit for an individual 15 who was a volunteer fire fighter who has met the minimum 16 training standards or certified volunteer emergency medical 17 services personnel for the entire tax year. The credit is to 18 compensate the individual for the volunteer services. The 19 amount of the credit equals $500. If the individual was not 20 a volunteer for the entire tax year, the amount of credit is 21 prorated based upon the months of volunteer service. A credit 22 may be claimed for only one volunteer position per month. 23 The division provides an annual appropriation from the 24 taxpayers relief fund to the general fund for an amount equal 25 to the credits claimed for a tax year, not to exceed $60 26 million. 27 The division applies to tax years beginning on or after 28 January 1, 2013. 29 DIVISION V —— PUBLIC SAFETY EMPLOYEE SURVIVOR BENEFITS. 30 This division of the bill provides health care and tuition 31 benefits to children of public safety employees who died in the 32 line of duty. 33 Code section 260C.14, concerning community colleges, 34 is amended to provide that the board of directors of each 35 -13- LSB 6020SC (3) 84 ec/sc 13/ 17
S.F. _____ community college shall adopt rules to waive tuition and 1 mandatory fee charges for any student in good standing who is a 2 resident of Iowa who is under the age of 26, or under the age 3 of 30 if the student is a qualified veteran, is not a convicted 4 felon, and is the child of an individual who died in the line 5 of duty as determined by Code section 97A.6(16), Code section 6 97B.52(2), Code section 100B.31, or Code section 411.6(15). 7 Code section 262.9, concerning the board of regents, is 8 amended to provide that the board of regents shall adopt 9 rules providing that institutions of higher education under 10 its control waive tuition and mandatory fee charges for any 11 undergraduate student in good standing who is a resident of 12 Iowa, who is under the age of 26 or under the age of 30 if the 13 student is a qualified veteran, is not a convicted felon, and 14 is the child of an individual who died in the line of duty as 15 determined by Code section 97A.6(16), Code section 97B.52(2), 16 Code section 100B.31, or Code section 411.6(15). 17 Code section 509A.13, concerning continuation of group 18 insurance for public employees, is amended to provide that 19 any child of an employee who died in the line of duty on or 20 after July 1, 2012, as determined by Code section 97A.6(16), 21 Code section 97B.52(2), Code section 100B.31, or Code section 22 411.6(15), shall be entitled to continue participation in that 23 group insurance, at the employer’s expense, until the child 24 attains 26 years of age. 25 The division may include a state mandate as defined in 26 Code section 25B.3. The division makes inapplicable Code 27 section 25B.2, subsection 3, which would relieve a political 28 subdivision from complying with a state mandate if funding for 29 the cost of the state mandate is not provided or specified. 30 Therefore, political subdivisions are required to comply with 31 any state mandate included in the division. 32 DIVISION VI —— EMERGENCY MANAGEMENT COMMISSIONS —— 33 FINANCING. This division of the bill relates to financial 34 responsibilities of local emergency management commissions. 35 -14- LSB 6020SC (3) 84 ec/sc 14/ 17
S.F. _____ The division provides that local emergency management 1 commission members may designate an alternate to represent the 2 designated entity. The division provides that for any activity 3 relating to Code section 29C.17, subsection 2, or Code chapter 4 24, relating to the budget, participation shall only be by a 5 commission member or a designated alternate that is an elected 6 official from the same designated entity. 7 Currently, a local emergency management agency’s approved 8 budget may be funded by one or more of four specific methods. 9 The division requires the budgets to be funded by one or more 10 of the four specific methods and specifies that the countywide 11 special levy may be levied from the supplemental fund of the 12 county if the basic levy is insufficient. 13 The division provides that joint emergency response 14 communication services must be funded as provided for in an 15 agreement entered into pursuant to Code chapter 28E. 16 The division provides that agency budgets must be provided 17 to funding entities in a form prescribed by the department 18 of management. The division provides that a portion of 19 any tax levied by a county or city to support the local 20 emergency management agency may be identified separately on tax 21 statements issued by the county treasurer. 22 DIVISION VII —— IOWACARE AMBULANCE TRANSPORTATION COVERAGE. 23 This division of the bill requires the department of human 24 services to adopt rules for the IowaCare program to include 25 ambulance transportation to and from a participating provider 26 as a covered service. 27 DIVISION VIII —— EMERGENCY MEDICAL SERVICES REPORTS. 28 This division of the bill requires the state fire service 29 and emergency response council to consult with and provide 30 recommendations to the state fire marshal and director of 31 the department of public health concerning efficient and 32 cost-effective methods of providing reports. 33 DIVISION IX —— FIRE PROTECTION AND EMERGENCY MEDICAL 34 SERVICES CHARGES. Current Code section 359.43 authorizes 35 -15- LSB 6020SC (3) 84 ec/sc 15/ 17
S.F. _____ townships to levy property taxes for providing fire protection 1 service and emergency medical service. This division of the 2 bill authorizes townships to collect a service charge for 3 providing fire protection service or emergency medical service, 4 in addition to or in lieu of such property taxes. 5 The division provides that a service charge for fire 6 protection service is charged to the property owner where such 7 service was provided and that a service charge for emergency 8 medical service is charged to the recipient of the emergency 9 medical service or to the parent of the recipient if the 10 recipient is a minor. The division prohibits the township from 11 imposing a service charge that exceeds an amount equal to the 12 actual expense incurred by the township to provide the service. 13 The division also directs the state fire service and emergency 14 response council to develop guidelines for townships to follow 15 when authorizing the collection of service charges for fire 16 protection service or emergency medical service. 17 If a township contracts with a public or private agency under 18 Code chapter 28E for the purpose of providing fire protection 19 service or emergency medical service, the public or private 20 agency may collect the service charges authorized in the 21 division if the types and amounts of such service charges are 22 specified in the Code chapter 28E agreement. 23 The division provides that if a service charge for fire 24 protection service remains unpaid six months after the property 25 owner was notified of the service charge, the unpaid amount 26 constitutes a lien upon the property where such service was 27 provided and may be collected in the same manner as ordinary 28 taxes. The division also provides that if a service charge for 29 emergency medical service remains unpaid six months after the 30 recipient of the service or the parent of the recipient, if 31 applicable, was notified of the service charge, the trustees 32 may bring a civil action in order to collect the amount due. 33 The division includes the fire protection and emergency 34 medical service charges authorized in the division among the 35 -16- LSB 6020SC (3) 84 ec/sc 16/ 17
S.F. _____ revenues under which the township may direct the issuance of 1 anticipatory revenue bonds. 2 For a county that is providing fire protection service 3 or emergency medical service to a township pursuant to Code 4 section 331.385, the division allows that county to impose the 5 service charges that the division authorizes for townships. 6 DIVISION X —— EMERGENCY SERVICES —— TRAFFIC VIOLATIONS. 7 This division of the bill provides that the scheduled fine for 8 any moving traffic violations occurring within an emergency 9 services zone shall be doubled. The division defines 10 “emergency services zone” as the portion of a highway which is 11 within five hundred feet of a stationary authorized emergency 12 vehicle that is on the highway and displaying flashing yellow, 13 amber, white, red, or red and blue lights. 14 -17- LSB 6020SC (3) 84 ec/sc 17/ 17