Senate File 2287 - Introduced SENATE FILE 2287 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3158) A BILL FOR An Act relating to emergency response services by authorizing 1 the establishment of benefited emergency response districts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6006SV (2) 86 md/sc
S.F. 2287 Section 1. Section 28E.31, subsection 4, Code 2016, is 1 amended to read as follows: 2 4. For purposes of this section , “municipality” means a 3 city, county, township, benefited fire district, benefited 4 emergency response district, or agency formed under this 5 chapter and authorized by law to provide emergency services. 6 Sec. 2. Section 28E.32, subsection 4, Code 2016, is amended 7 to read as follows: 8 4. For purposes of this section , “municipality” means a 9 city, county, township, benefited fire district, benefited 10 emergency response district, or agency formed under this 11 chapter and authorized by law to provide emergency services. 12 Sec. 3. Section 28I.1, Code 2016, is amended to read as 13 follows: 14 28I.1 Authority of governing bodies —— joint commission. 15 1. The governing bodies of two or more adjoining cities, 16 independently or together with the governing body or bodies of 17 the county or counties within which such cities are located, or 18 the governing bodies of two or more adjoining counties, or a 19 county and its major city or cities, or the governing bodies 20 of one or more counties together with the governing bodies 21 of one or more cities adjoining such county or counties, or 22 any of the above together with a school district, benefited 23 water district, benefited fire district, benefited emergency 24 response district, sanitary district , or any other similar 25 district which may be formed under an Act of the legislature 26 may cooperate in the creation of a joint planning commission 27 which may be designated to be a regional or metropolitan 28 planning commission, as agreed among the governing bodies. 29 The governing bodies of cities, counties, school districts , 30 or other governmental units may cooperate with the governing 31 bodies of the cities and counties or other authorized governing 32 bodies of any adjoining state or states in the creation of such 33 a joint planning commission where such cooperation has been 34 authorized by law by the adjoining state or states. 35 -1- LSB 6006SV (2) 86 md/sc 1/ 15
S.F. 2287 2. The joint planning commission shall be separate and 1 apart from the governmental units creating it, may sue and be 2 sued, contract for the purchase and sale of real and personal 3 property necessary for its purposes, and shall be a juristic 4 entity as the term is used in section 97C.2, subsection 6 . 5 Sec. 4. Section 28I.7, Code 2016, is amended to read as 6 follows: 7 28I.7 Construction of provisions. 8 Nothing in this chapter shall be construed to remove or 9 limit the powers of the cooperating cities, counties, school 10 districts, benefited water districts, benefited fire districts, 11 benefited emergency response districts, sanitary districts, or 12 similar districts as provided by state law. All legislative 13 power with respect to zoning and other planning legislation 14 shall remain with the governing body of the cooperative cities 15 and counties. Each participating city or county may continue 16 to have its own planning commission or board but may under the 17 joint agreement and in the interest of economy and efficiency 18 and in the interest of uniform standards and procedures, 19 request the metropolitan or regional planning commission to 20 assume duties and functions of local planning agencies in whole 21 or in part. The metropolitan or regional planning commission 22 shall have the duty and function of promoting public interest 23 and understanding of the economic and social necessity for 24 long-term coordinated planning for the metropolitan or regional 25 area, but its official recommendations shall be made to the 26 governing bodies of the cooperating cities, counties, school 27 districts, benefited water districts, benefited fire districts, 28 benefited emergency response districts, sanitary districts, or 29 similar districts. 30 Sec. 5. Section 85.61, subsection 2, paragraph a, Code 2016, 31 is amended to read as follows: 32 a. A person, firm, association, or corporation, state, 33 county, municipal corporation, school corporation, area 34 education agency, township as an employer of volunteer fire 35 -2- LSB 6006SV (2) 86 md/sc 2/ 15
S.F. 2287 fighters and emergency medical care providers only, benefited 1 fire district, benefited emergency response district, and the 2 legal representatives of a deceased employer. 3 Sec. 6. Section 85.61, subsection 10, Code 2016, is amended 4 to read as follows: 5 10. “Volunteer fire fighter” means any active member of 6 an organized volunteer fire department in this state and any 7 other person performing services as a volunteer fire fighter 8 for a municipality, township or , benefited fire district , or 9 benefited emergency response district at the request of the 10 chief or other person in command of the fire department of 11 the municipality, township or , benefited fire district, or 12 benefited emergency response district, or of any other officer 13 of the municipality, township or , benefited fire district , 14 or benefited emergency response district having authority to 15 demand such service, and who is not a full-time member of a 16 paid fire department. A person performing such services shall 17 not be classified as a casual employee. 18 Sec. 7. Section 100B.21, subsection 5, Code 2016, is amended 19 to read as follows: 20 5. “Municipality” means a city, county, township, benefited 21 fire district, benefited emergency response district, or agency 22 authorized by law to provide emergency response services. 23 Sec. 8. Section 102.1, Code 2016, is amended to read as 24 follows: 25 102.1 Definition. 26 As used in this chapter , “fire department” means the fire 27 department of a city, township, or benefited fire district , or 28 benefited emergency response district . 29 Sec. 9. Section 321.423, subsection 1, paragraph b, Code 30 2016, is amended to read as follows: 31 b. “Fire department” means a paid or volunteer fire 32 protection service provided by a benefited fire district or a 33 benefited emergency response district under chapter 357B or by 34 a county, municipality , or township, or a private corporate 35 -3- LSB 6006SV (2) 86 md/sc 3/ 15
S.F. 2287 organization that has a valid contract to provide fire 1 protection service for a benefited fire district, benefited 2 emergency response district, county, municipality, township , 3 or governmental agency. 4 Sec. 10. Section 357A.22A, Code 2016, is amended to read as 5 follows: 6 357A.22A Rural fire protection program —— liability. 7 1. A rural water district or rural water association 8 incorporated under this chapter or chapter 504 shall establish 9 a rural fire protection program which shall include, but is 10 not limited to, providing access to designated soft-hose fill 11 stations, providing annually or more often if necessary updated 12 maps of soft-hose fill stations to all fire departments within 13 the rural water service area, and sponsoring informational 14 meetings for all fire departments and interested parties within 15 the rural water service area for the purpose of reviewing 16 locations of facilities, operational procedures, communication 17 procedures and facilities, and procedures designed to 18 coordinate efforts to enhance rural fire protection. 19 2. A rural water district or rural water association 20 incorporated under this chapter or chapter 504 which provides 21 water service to cities, benefited fire districts, benefited 22 emergency response district, or townships shall not be liable 23 for a claim against the district or association for failure to 24 provide or maintain fire hydrants, facilities, or an adequate 25 supply of water or water pressure for fire protection purposes 26 if the purpose of the hydrants, facilities, or water used is 27 not for fire protection. 28 Sec. 11. Section 357B.1, Code 2016, is amended to read as 29 follows: 30 357B.1 Benefited fire districts continued. 31 1. A benefited fire district established under this chapter 32 prior to July 1, 1975 shall provide fire protection within its 33 boundaries until it is dissolved as provided in section 357B.5 . 34 A benefited fire district shall not be established nor shall 35 -4- LSB 6006SV (2) 86 md/sc 4/ 15
S.F. 2287 the territorial boundaries of an established benefited fire 1 district be enlarged after June 30, 1975 except as provided in 2 section 357B.7 . 3 2. A benefited fire district established pursuant to this 4 subchapter and in existence on July 1, 2016, may reorganize as 5 a benefited emergency response district pursuant to subchapter 6 II, and may choose to provide additional emergency response 7 services, when authorized by a majority vote of the electors of 8 the benefited fire district at an election held in compliance 9 with section 357B.208, and called for that purpose upon notice 10 given in the same manner as provided in section 357B.204. 11 Sec. 12. NEW SECTION . 357B.201 Definitions. 12 For purposes of this subchapter, unless the context 13 otherwise requires: 14 1. “Board” means the board of supervisors of a county. 15 2. “District” means a benefited emergency response district 16 created under this chapter. 17 3. “Emergency response services” means fire protection 18 services, emergency medical services, and other emergency 19 services. “Emergency response services” does not include law 20 enforcement. 21 Sec. 13. NEW SECTION . 357B.202 Hearing on petition. 22 1. The board shall, on the petition of ten percent of the 23 resident property owners in a proposed district, hold a public 24 hearing concerning the establishment of a proposed district. 25 The petition shall include a statement containing the following 26 information: 27 a. The proposed boundaries of the district to be served. 28 b. The approximate population in the district. 29 c. The personnel, equipment, and facilities proposed to 30 provide the emergency response services. 31 d. The emergency response services the district will provide 32 and the need for the services. 33 2. The board of supervisors may require a bond of the 34 petitioners conditioned for the payment of all costs and 35 -5- LSB 6006SV (2) 86 md/sc 5/ 15
S.F. 2287 expenses incurred in the proceedings in case the district is 1 not established. 2 Sec. 14. NEW SECTION . 357B.203 Extent of the district. 3 This chapter authorizes a district to include one or more 4 adjoining townships or portions thereof and may include one 5 or more cities or portions thereof adjacent to participating 6 townships. 7 Sec. 15. NEW SECTION . 357B.204 Time and notice of hearing. 8 The public hearing required in section 357B.202 shall be 9 held within sixty days of the filing of the petition with the 10 board. Notice of the hearing shall be given by publication in 11 two successive issues of any newspaper of general circulation 12 within the district. The last publication or posting shall not 13 be less than one week before the proposed hearing. 14 Sec. 16. NEW SECTION . 357B.205 Action of the board. 15 After, and within ten days of, the hearing, the board shall 16 either establish the district by resolution or disallow the 17 petition. 18 Sec. 17. NEW SECTION . 357B.206 Engineer. 19 1. When the board establishes a district, the board shall 20 appoint a competent disinterested civil engineer, who shall 21 prepare a preliminary plat showing all of the following: 22 a. The proper design in general outline of the district. 23 b. The lots and parcels of land within the proposed district 24 as such lots appear on the county auditor’s plat books with the 25 names of the owners. 26 2. The board shall determine the compensation for the 27 engineer’s preliminary investigation. 28 3. The engineer shall file a report with the county auditor 29 within thirty days of appointment. The board may extend the 30 time upon good cause shown. 31 Sec. 18. NEW SECTION . 357B.207 Approval of report. 32 After the engineer’s report is filed, the board shall give 33 notice, as provided in section 357B.204, of a public hearing 34 concerning the engineer’s plat. Within ten days after the 35 -6- LSB 6006SV (2) 86 md/sc 6/ 15
S.F. 2287 hearing, the board shall, by resolution, approve or disapprove 1 the engineer’s plat. 2 Sec. 19. NEW SECTION . 357B.208 Election on candidates for 3 directors. 4 1. When a preliminary plat has been approved by the board, 5 an election shall be held within the district within sixty days 6 of such approval to choose directors for the board of directors 7 of the district. 8 2. Notice of the election, including the time and place of 9 holding the election, shall be given as provided in section 10 357B.204. 11 3. It is not mandatory for the county commissioner of 12 elections to conduct elections held pursuant to this chapter, 13 but the elections shall be conducted in accordance with chapter 14 49 where not in conflict with this chapter. Judges shall 15 be appointed to serve without pay by the board from among 16 the registered voters of the district to be in charge of the 17 election. 18 4. At the initial election for directors, the voter shall 19 write the names of up to three directors on blank ballots 20 without formal nomination, and the board shall appoint three 21 from among the five receiving the highest number of votes as 22 directors for the district. One director shall be appointed 23 to serve for one year, one for two years, and one for three 24 years. The directors and their successors must be residents of 25 the district and shall give bond in the amount required by the 26 board, the premium of which shall be paid by the district. 27 5. Vacancies during a term shall be filled by election, but 28 if there are no candidates for a director office, the vacancy 29 may be filled by appointment by the board. 30 6. After the initial board of directors is selected, a 31 candidate for director shall be nominated by affidavit of 32 the candidate or by petition signed by at least ten eligible 33 electors of the district and the candidate’s affidavit, which 34 shall be filed with the county commissioner of elections at 35 -7- LSB 6006SV (2) 86 md/sc 7/ 15
S.F. 2287 least twenty-five days before the date of the election. The 1 form of a candidate’s affidavit shall be substantially the same 2 as provided in section 45.3. 3 7. Except as provided in subsection 4, each director shall 4 be elected for a three-year term. 5 Sec. 20. NEW SECTION . 357B.209 Powers and duties of the 6 board of directors. 7 The board of directors may purchase, own, rent, or maintain 8 fire, emergency medical, or other emergency response apparatus 9 or equipment within the state or outside the territorial 10 jurisdiction and boundary limits of this state and provide 11 housing for such apparatus or equipment. The board of 12 directors may contract with any public or private agency under 13 chapter 28E for the purpose of providing emergency response 14 services under this subchapter. The board of directors 15 may purchase material and employ persons to provide for the 16 maintenance and operation of the district. The directors shall 17 be allowed reimbursement for any necessary expenses incurred in 18 the performance of their duties, but they shall not receive any 19 other compensation for their services. 20 Sec. 21. NEW SECTION . 357B.211 Dissolution of district. 21 Upon petition of a number of resident eligible electors 22 in a district equal to at least thirty-five percent of the 23 property taxpayers in the district, the board of supervisors 24 may dissolve a district and dispose of any remaining property, 25 the proceeds of which shall first be applied against any 26 outstanding obligation of the district. Any remaining balance 27 shall be applied as a property tax credit for the property 28 owners of the district. 29 Sec. 22. NEW SECTION . 357B.212 Petition by outside owners 30 to be included. 31 The owner of any property in an unincorporated area 32 contiguous to the boundaries of an established district may 33 petition the board to be included in the district. Upon 34 receipt of the petition, the board shall submit the request to 35 -8- LSB 6006SV (2) 86 md/sc 8/ 15
S.F. 2287 a competent disinterested civil engineer to investigate the 1 feasibility of adding the additional territory and to make a 2 report to the board. If the board agrees that the property 3 should be added to the district, such territory shall become 4 part of the district on the first day of the next fiscal year. 5 Sec. 23. NEW SECTION . 357B.213 Transition —— city, township 6 and emergency medical services district —— responsibility for 7 services —— taxes discontinued. 8 1. When the boundary lines of the district include a city, 9 such city shall not be responsible for providing emergency 10 response services as required by section 364.16 for services 11 provided by the district. The city shall have no liability for 12 the method, manner, or means by which the district provides 13 emergency response services. 14 2. When the boundary lines of the district include all or a 15 portion of a township, the township trustees shall no longer 16 levy the tax authorized in section 359.43 in that portion of 17 the township provided fire protection services by the district. 18 Any indebtedness incurred for the purposes of sections 359.42 19 through 359.45 for a service now provided by the district 20 shall be assumed by the district. Such township shall not be 21 responsible for providing the emergency response services as 22 required by section 359.42 for emergency response services now 23 provided by the district for the portion of the township within 24 the district, and shall have no liability for the method, 25 manner, or means by which the district provides the emergency 26 response services. 27 3. When the boundary lines of a district providing emergency 28 medical services include all or a portion of an emergency 29 medical services district under chapter 357F or chapter 357G, 30 the emergency medical services district trustees shall no 31 longer levy the taxes authorized in section 357F.8 or section 32 357G.8 in that portion of such emergency medical services 33 district that is provided emergency medical services by the 34 emergency response district. 35 -9- LSB 6006SV (2) 86 md/sc 9/ 15
S.F. 2287 4. When the boundary lines of the district include all or 1 a portion of an emergency response district created pursuant 2 to chapter 357J, the emergency response district commission 3 shall no longer levy the tax provided by section 357J.10 4 in that portion of the emergency response district for the 5 same services provided by a benefited emergency response 6 district created pursuant to this subchapter. The emergency 7 response district created pursuant to chapter 357J shall not 8 be responsible for providing the emergency response services 9 as required by section 359.42 for emergency response services 10 now provided by the district for the portion of the emergency 11 response district within the district, and shall have no 12 liability for the method, manner, or means by which the 13 district provides the emergency response services. 14 Sec. 24. NEW SECTION . 357B.214 Emergency medical districts 15 within a district. 16 Notwithstanding sections 357F.12 and 357G.12, when the 17 boundary lines of a district providing emergency medical 18 services include all of an emergency medical services district 19 formed pursuant to chapter 357F or 357G, the emergency medical 20 services district shall be dissolved. Any remaining property 21 and balance of assets and liabilities shall be transferred to 22 the district. The district shall assume all of the outstanding 23 obligations of the emergency medical services district. 24 Sec. 25. Section 359.42, Code 2016, is amended to read as 25 follows: 26 359.42 Township fire protection service, emergency warning 27 system, and emergency medical service. 28 Except as otherwise provided in section 331.385 , the 29 trustees of each township shall provide fire protection service 30 for the township, exclusive of any part of the township within 31 a benefited fire district or benefited emergency response 32 district providing fire protection services and may provide 33 emergency medical service. The trustees may purchase, own, 34 rent, or maintain fire protection service or emergency medical 35 -10- LSB 6006SV (2) 86 md/sc 10/ 15
S.F. 2287 service apparatus or equipment or both kinds of apparatus or 1 equipment and provide housing for the equipment. The trustees 2 of a township which is located within a county having a 3 population of three hundred thousand or more may also establish 4 and maintain an emergency warning system within the township. 5 The trustees may contract with a public or private agency under 6 chapter 28E for the purpose of providing any service or system 7 required or authorized under this section . 8 Sec. 26. Section 359.43, subsection 1, Code 2016, is amended 9 to read as follows: 10 1. The township trustees may levy an annual tax not 11 exceeding forty and one-half cents per thousand dollars 12 of assessed value of the taxable property in the township, 13 excluding property within a benefited fire district or 14 benefited emergency response district providing fire protection 15 services or within the corporate limits of a city, for 16 the purpose of exercising the powers and duties specified 17 in section 359.42 . However, in a township having a fire 18 protection service or emergency medical service agreement or 19 both service agreements with a special charter city having a 20 paid fire department, the township trustees may levy an annual 21 tax not exceeding fifty-four cents per thousand dollars of 22 the assessed value of the taxable property for the services 23 authorized or required under section 359.42 and in a township 24 which is located within a county having a population of three 25 hundred thousand or more, the township trustees may levy an 26 annual tax not exceeding sixty-seven and one-half cents per 27 thousand dollars of assessed value of taxable property for the 28 services authorized or required under section 359.42 . 29 Sec. 27. Section 359.49, subsection 2, Code 2016, is amended 30 to read as follows: 31 2. By January 15 of each year, each township fire department 32 in the township shall provide to the board of trustees a 33 proposed budget showing all revenues and all expenses for 34 emergency services for the next fiscal year. By January 15 of 35 -11- LSB 6006SV (2) 86 md/sc 11/ 15
S.F. 2287 each year, each township fire department, and each municipal 1 fire department providing emergency services to a township, 2 shall submit to the board of trustees a report detailing 3 emergency services calls for the prior calendar year for the 4 fire district and a copy of the fire report filed by the fire 5 department with the state fire marshal’s office. For purposes 6 of this subsection , “municipal” means relating to a city, 7 county, township, benefited fire district, benefited emergency 8 response district, or chapter 28E agency authorized by law to 9 provide emergency services. 10 Sec. 28. Section 359.49, subsection 8, paragraph b, Code 11 2016, is amended to read as follows: 12 b. For purposes of this subsection , “municipality” means 13 a city, county, township, benefited fire district, benefited 14 emergency response district, or agency formed under chapter 28E 15 and authorized by law to provide emergency services. 16 Sec. 29. Section 422.12, subsection 1, paragraph f, 17 subparagraph (1), Code 2016, is amended to read as follows: 18 (1) The individual is an active member of an organized 19 volunteer fire department in this state or is performing 20 services as a volunteer fire fighter for a municipality, 21 township, or benefited fire district , or benefited emergency 22 response district at the request of the chief or other 23 person in command of the fire department of the municipality, 24 township, or benefited fire district, or benefited emergency 25 response district, or of any other officer of the municipality, 26 township, or benefited fire district , or benefited emergency 27 response district having authority to demand such service. A 28 person performing such services shall not be classified as a 29 casual employee. 30 Sec. 30. Section 452A.17, subsection 1, paragraph a, 31 subparagraph (3), Code 2016, is amended to read as follows: 32 (3) A regional transit system, the state, any of its 33 agencies, any political subdivision of the state, or any 34 benefited fire district or benefited emergency response 35 -12- LSB 6006SV (2) 86 md/sc 12/ 15
S.F. 2287 district which is used for a purpose specified in section 1 452A.57, subsection 11 , or for public purposes, including fuel 2 sold for the transportation of pupils of approved public and 3 nonpublic schools by a carrier who contracts with the public 4 school under section 285.5 . 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to emergency services by authorizing the 9 establishment of benefited emergency response districts to 10 provide emergency response services, including fire protection 11 services, emergency medical services, and other emergency 12 service, excluding law enforcement. 13 Under the bill, a county board of supervisors shall, on 14 the petition of 10 percent of the resident property owners 15 in a proposed district, hold a public hearing concerning the 16 establishment of a proposed district. The bill specifies 17 the contents of the petition and authorizes the board of 18 supervisors to require a bond from the petitioners. The 19 bill authorizes a district to include one or more adjoining 20 townships or portions thereof and may include one or more 21 cities or portions thereof adjacent to participating townships. 22 The bill requires the public hearing to be held within 60 23 days of the filing of the petition with the board and specifies 24 the notice requirements for such hearing. After, and within 25 10 days of, the hearing, the board of supervisors shall either 26 establish the district by resolution or disallow the petition. 27 When the board establishes a district, the board shall appoint 28 a competent disinterested civil engineer, who is required to 29 prepare a preliminary plat for the district. The engineer 30 must file a report with the county auditor within 30 days 31 of appointment. After the engineer’s report is filed, the 32 board of supervisors must hold a public hearing concerning the 33 engineer’s plat. Within 10 days after the hearing, the board 34 shall, by resolution, approve or disapprove the engineer’s 35 -13- LSB 6006SV (2) 86 md/sc 13/ 15
S.F. 2287 plat. 1 Under the bill, when a preliminary plat has been approved by 2 the board of supervisors, an election shall be held within the 3 district within 60 days of such approval to choose directors 4 for the board of directors of the district. Except for the 5 initial board of directors, each director shall be elected for 6 a three-year term. 7 The bill specifies the powers and duties of the board 8 of directors including the ability to purchase, own, rent, 9 or maintain fire, emergency medical, or other emergency 10 response apparatus or equipment within the state or outside 11 the territorial jurisdiction and boundary limits of this state 12 and provide housing for such apparatus or equipment. The 13 board of directors may purchase material and employ persons 14 to provide for the maintenance and operation of the district. 15 The directors shall be allowed reimbursement for any necessary 16 expenses incurred in the performance of their duties, but they 17 shall not receive any other compensation for their services. 18 Upon petition of a number of resident eligible electors in a 19 district equal to at least 35 percent of the property taxpayers 20 in the district, the board of supervisors may dissolve a 21 district and dispose of any remaining property, the proceeds of 22 which shall first be applied against any outstanding obligation 23 of the district. Any remaining balance shall be applied as a 24 tax credit for the property owners of the district. 25 The bill establishes provisions for the addition of property 26 to the district. The bill also provides for the transition of 27 existing emergency response services from cities, townships, 28 and other special districts to a newly formed benefited 29 emergency response district and for the reorganization of a 30 benefited fire district under Code chapter 357B if approved at 31 election. 32 The bill includes corresponding changes to other provisions 33 of law relating to the joint exercise of governmental power 34 under Code chapter 28E, metropolitan and regional planning 35 -14- LSB 6006SV (2) 86 md/sc 14/ 15
S.F. 2287 commissions under Code chapter 28I, workers’ compensation under 1 Code chapter 85, fire and emergency response services training 2 under Code chapter 100B, fire scenes under Code chapter 102, 3 and the definition of “fire department” under Code chapter 321 4 similar to those in effect for benefited fire districts under 5 Code chapter 357B. 6 -15- LSB 6006SV (2) 86 md/sc 15/ 15