SF 2287 (LSB 6006SV (2) 86)

SENATE FILE 2287

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SSB 3158)

A BILL FOR

An Act relating to emergency response services by authorizing the establishment of benefited emergency response districts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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

the explanation’s substance by the members of the general assembly.
   This bill relates to emergency services by authorizing the establishment of benefited emergency response districts to provide emergency response services, including fire protection services, emergency medical services, and other emergency service, excluding law enforcement.
   Under the bill, a county board of supervisors shall, on the petition of 10 percent of the resident property owners in a proposed district, hold a public hearing concerning the establishment of a proposed district. The bill specifies the contents of the petition and authorizes the board of supervisors to require a bond from the petitioners. The bill authorizes a district to include one or more adjoining townships or portions thereof and may include one or more cities or portions thereof adjacent to participating townships.
   The bill requires the public hearing to be held within 60 days of the filing of the petition with the board and specifies the notice requirements for such hearing. After, and within 10 days of, the hearing, the board of supervisors shall either establish the district by resolution or disallow the petition. When the board establishes a district, the board shall appoint a competent disinterested civil engineer, who is required to prepare a preliminary plat for the district. The engineer must file a report with the county auditor within 30 days of appointment. After the engineer’s report is filed, the board of supervisors must hold a public hearing concerning the engineer’s plat. Within 10 days after the hearing, the board shall, by resolution, approve or disapprove the engineer’s plat.
   Under the bill, when a preliminary plat has been approved by the board of supervisors, an election shall be held within the district within 60 days of such approval to choose directors for the board of directors of the district. Except for the initial board of directors, each director shall be elected for a three-year term.
    The bill specifies the powers and duties of the board of directors including the ability to purchase, own, rent, or maintain fire, emergency medical, or other emergency response apparatus or equipment within the state or outside the territorial jurisdiction and boundary limits of this state and provide housing for such apparatus or equipment. The board of directors may purchase material and employ persons to provide for the maintenance and operation of the district. The directors shall be allowed reimbursement for any necessary expenses incurred in the performance of their duties, but they shall not receive any other compensation for their services. 
   Upon petition of a number of resident eligible electors in a district equal to at least 35 percent of the property taxpayers in the district, the board of supervisors may dissolve a district and dispose of any remaining property, the proceeds of which shall first be applied against any outstanding obligation of the district. Any remaining balance shall be applied as a tax credit for the property owners of the district. 
   The bill establishes provisions for the addition of property to the district. The bill also provides for the transition of existing emergency response services from cities, townships, and other special districts to a newly formed benefited emergency response district and for the reorganization of a benefited fire district under Code chapter 357B if approved at election.
   The bill includes corresponding changes to other provisions of law relating to the joint exercise of governmental power under Code chapter 28E, metropolitan and regional planning commissions under Code chapter 28I, workers’ compensation under Code chapter 85, fire and emergency response services training under Code chapter 100B, fire scenes under Code chapter 102, and the definition of “fire department” under Code chapter 321 similar to those in effect for benefited fire districts under Code chapter 357B.