H.F. 2043 Section 1. Section 331.385, Code 2014, is amended to read 1 as follows: 2 331.385 Powers and duties relating to emergency services. 3 1. A county may, by resolution, assume the exercise of 4 the powers and duties of township trustees relating to fire 5 protection service , emergency warning systems, and emergency 6 medical service for any township located in the unincorporated 7 area of the county. 8 2. The board of supervisors shall publish notice of the 9 proposed resolution, and of a public hearing to be held on the 10 proposed resolution, in a newspaper of general circulation 11 in the county at least ten days but no more than twenty days 12 before the date of the public hearing. If, after notice and 13 hearing, the resolution is adopted, the board of supervisors 14 shall assume the exercise of the powers and duties of township 15 trustees relating to fire protection service , emergency warning 16 systems, and emergency medical service as set forth in sections 17 359.42 through 359.45 . 18 3. All of the real and personal township property used to 19 provide fire protection service , emergency warning systems, or 20 emergency medical service shall be transferred to the county. 21 The county shall assume all of the outstanding obligations of 22 the township relating to fire protection service , emergency 23 warning systems, or emergency medical service. If the township 24 provides fire protection outside of the county’s boundaries, 25 the county shall continue to provide fire protection to this 26 area for at least ninety days after adoption of the resolution. 27 4. Fire protection service , emergency warning systems, and 28 emergency medical service shall be paid from the emergency 29 services fund of the county authorized in section 331.424C . 30 5. a. Notwithstanding subsection 1 , if as of July 1, 31 2006, a township has in force an agreement entered into 32 pursuant to chapter 28E for a city or another township to 33 provide fire protection service or fire protection service , 34 emergency warning systems, and emergency medical service for 35 -1- LSB 5171YH (5) 85 aw/sc 1/ 4

H.F. 2043 the township, or if a township is otherwise contracting with 1 a city or another township for provision to the township of 2 fire protection service or fire protection service , emergency 3 warning systems, and emergency medical service, the county 4 board of supervisors shall, for the fiscal year beginning 5 July 1, 2007, and subsequent fiscal years, negotiate for and 6 enter into an agreement pursuant to chapter 28E providing for 7 continued fire protection service, or fire protection service , 8 emergency warning systems, and emergency medical service, to 9 the township, and shall certify taxes for levy in the township, 10 pursuant to section 331.424C , in amounts sufficient to meet the 11 financial obligations pertaining to the agreement. 12 b. This subsection applies to a county with a population 13 in excess of three hundred thousand. This subsection does not 14 prohibit a county with a population in excess of three hundred 15 thousand from also assuming the powers and duties of township 16 trustees in accordance with the provisions of subsections 1 17 through 4 , for those townships in the county that are not 18 subject to paragraph “a” . 19 Sec. 2. Section 331.424C, Code 2014, is amended to read as 20 follows: 21 331.424C Emergency services fund. 22 1. A county that is providing fire protection service , 23 emergency warning systems, or emergency medical service to 24 a township pursuant to section 331.385 shall establish an 25 emergency services fund and may certify taxes for levy in 26 the township not to exceed the amounts authorized in section 27 359.43 . The county has the authority to use a portion of 28 the taxes levied and deposited in the fund for the purpose 29 of accumulating moneys to carry out the purposes of section 30 359.43, subsection 4 . 31 2. Expenditures related to emergency warning systems shall 32 be limited to procuring equipment and services in accordance 33 with the comprehensive emergency plan adopted pursuant to 34 section 29C.9, subsection 8, by the local emergency management 35 -2- LSB 5171YH (5) 85 aw/sc 2/ 4

H.F. 2043 commission having jurisdiction within the county. 1 Sec. 3. Section 359.42, Code 2014, is amended to read as 2 follows: 3 359.42 Township fire protection service, emergency warning 4 system, and emergency medical service. 5 1. Except as otherwise provided in section 331.385 , the 6 trustees of each township shall provide fire protection service 7 for the township, exclusive of any part of the township within 8 a benefited fire district and may provide emergency medical 9 service. The trustees may purchase, own, rent, or maintain 10 fire protection service or emergency medical service apparatus 11 or equipment or both kinds of apparatus or equipment and 12 provide housing for the equipment. The trustees of a township 13 which is located within a county having a population of three 14 hundred thousand or more may also establish and maintain an 15 emergency warning system within the township. The trustees 16 may contract with a public or private agency under chapter 28E 17 for the purpose of providing any service or system required or 18 authorized under this section . 19 2. Expenditures related to emergency warning systems shall 20 be limited to procuring equipment and services in accordance 21 with the comprehensive emergency plan adopted pursuant to 22 section 29C.9, subsection 8, by the local emergency management 23 commission having jurisdiction within the township. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill allows the trustees of any township to establish 28 and maintain an emergency warning system within the township. 29 Current law limits the establishment and maintenance of such 30 systems to the trustees of townships located in counties with a 31 population of 300,000 or more. 32 The bill also allows a county, by resolution, to assume the 33 powers and duties of township trustees relating to emergency 34 warning systems for any township located in the unincorporated 35 -3- LSB 5171YH (5) 85 aw/sc 3/ 4

H.F. 2043 area of the county in the same manner that counties are 1 currently authorized to assume township duties relating to fire 2 protection and emergency medical service. 3 The bill requires that county and township expenditures 4 related to emergency warning systems be limited to procuring 5 equipment and services in accordance with the comprehensive 6 emergency plan adopted by the local emergency management 7 commission that has jurisdiction over the county or township. 8 The bill makes additional corresponding changes. 9 -4- LSB 5171YH (5) 85 aw/sc 4/ 4