Senate Study Bill 3158 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) 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 6006XC (4) 86 md/sc
S.F. _____ 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 6006XC (4) 86 md/sc 1/ 17
S.F. _____ 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 6006XC (4) 86 md/sc 2/ 17
S.F. _____ 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 6006XC (4) 86 md/sc 3/ 17
S.F. _____ 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 6006XC (4) 86 md/sc 4/ 17
S.F. _____ 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 6006XC (4) 86 md/sc 5/ 17
S.F. _____ 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 c. The assessed valuation of the lots and parcels. 27 2. The board shall determine the compensation for the 28 engineer’s preliminary investigation. 29 3. The engineer shall file a report with the county auditor 30 within thirty days of appointment. The board may extend the 31 time upon good cause shown. 32 Sec. 18. NEW SECTION . 357B.207 Approval of report. 33 After the engineer’s report is filed, the board shall give 34 notice, as provided in section 357B.204, of a public hearing 35 -6- LSB 6006XC (4) 86 md/sc 6/ 17
S.F. _____ concerning the engineer’s plat. Within ten days after the 1 hearing, the board shall, by resolution, approve or disapprove 2 the engineer’s plat. 3 Sec. 19. NEW SECTION . 357B.208 Election on proposed levy 4 and candidates for directors. 5 1. When a preliminary plat has been approved by the board, 6 an election shall be held within the district within sixty 7 days of such approval to approve or disapprove the levy of a 8 tax of not more than one dollar sixty and three-fourths cents 9 per thousand dollars of assessed value on all taxable property 10 within the district and to choose directors for the board of 11 directors of the district. 12 2. Notice of the election, including the time and place of 13 holding the election, shall be given as provided in section 14 357B.204. 15 3. The ballot shall set out the reason for the tax and the 16 maximum levy rate that may be imposed. The proposition is 17 approved if sixty percent of those voting on the proposition 18 vote in favor of it. 19 4. It is not mandatory for the county commissioner of 20 elections to conduct elections held pursuant to this chapter, 21 but the elections shall be conducted in accordance with chapter 22 49 where not in conflict with this chapter. Judges shall 23 be appointed to serve without pay by the board from among 24 the registered voters of the district to be in charge of the 25 election. 26 5. At the initial election for directors, the voter shall 27 write the names of up to three directors on blank ballots 28 without formal nomination, and the board shall appoint three 29 from among the five receiving the highest number of votes as 30 directors for the district. One director shall be appointed 31 to serve for one year, one for two years, and one for three 32 years. The directors and their successors must be residents of 33 the district and shall give bond in the amount required by the 34 board, the premium of which shall be paid by the district. 35 -7- LSB 6006XC (4) 86 md/sc 7/ 17
S.F. _____ 6. Vacancies during a term shall be filled by election, but 1 if there are no candidates for a director office, the vacancy 2 may be filled by appointment by the board. 3 7. After the initial board of directors is selected, a 4 candidate for director shall be nominated by affidavit of 5 the candidate or by petition signed by at least ten eligible 6 electors of the district and the candidate’s affidavit, which 7 shall be filed with the county commissioner of elections at 8 least twenty-five days before the date of the election. The 9 form of a candidate’s affidavit shall be substantially the same 10 as provided in section 45.3. 11 8. Except as provided in subsection 5, each director shall 12 be elected for a three-year term. 13 Sec. 20. NEW SECTION . 357B.209 Powers and duties of the 14 board of directors. 15 The board of directors may purchase, own, rent, or maintain 16 fire, emergency medical, or other emergency response apparatus 17 or equipment within the state or outside the territorial 18 jurisdiction and boundary limits of this state and provide 19 housing for such apparatus or equipment. The board of 20 directors may contract with any public or private agency under 21 chapter 28E for the purpose of providing emergency response 22 services under this subchapter. If approved at election under 23 section 357B.208, the board of directors may levy an annual 24 tax not exceeding one dollar and sixty and three-fourths cents 25 per thousand dollars of assessed value on all taxable property 26 within the district for the purpose of exercising the powers 27 granted in this section. The tax shall be set to raise only 28 the amount needed, as provided in the budget approved by the 29 directors. The board of directors may purchase material and 30 employ persons to provide for the maintenance and operation of 31 the district. The directors shall be allowed reimbursement for 32 any necessary expenses incurred in the performance of their 33 duties, but they shall not receive any other compensation for 34 their services. 35 -8- LSB 6006XC (4) 86 md/sc 8/ 17
S.F. _____ Sec. 21. NEW SECTION . 357B.210 Anticipation of tax. 1 The board of directors of a district may anticipate the 2 collection of taxes authorized under section 357B.209 and, 3 for the purpose of providing emergency response services, may 4 issue bonds payable in not more than ten equal installments 5 at an interest rate not exceeding that permitted by chapter 6 74A. Indebtedness shall not be incurred under this subchapter 7 until authorized by an election. The election shall be held 8 and notice given in the same manner as provided in section 9 357B.208, and the same sixty percent vote shall be necessary to 10 authorize the indebtedness. Both propositions may be submitted 11 to the voters at the same election. The bonds shall be in 12 such form and payable at such time and place as specified 13 by resolution of the board of directors. The provisions of 14 sections 73A.12 to 73A.16 and chapter 384 shall apply to such 15 bonds to the extent applicable. 16 Sec. 22. NEW SECTION . 357B.211 Dissolution of district. 17 Upon petition of a number of resident eligible electors 18 in a district equal to at least thirty-five percent of the 19 property taxpayers in the district, the board of supervisors 20 may dissolve a district and dispose of any remaining property, 21 the proceeds of which shall first be applied against any 22 outstanding obligation of the district. Any remaining balance 23 shall be applied as a property tax credit for the property 24 owners of the district. The board of supervisors shall 25 continue to levy an annual tax during the time the district is 26 being dissolved and after the dissolution of a district, not 27 to exceed twenty-seven cents per thousand dollars of assessed 28 value of the taxable property of the district, until all 29 outstanding obligations of the district are paid. 30 Sec. 23. NEW SECTION . 357B.212 Petition by outside owners 31 to be included —— fee. 32 1. The owner of any property in an unincorporated area 33 contiguous to the boundaries of an established district may 34 petition the board to be included in the district. Upon 35 -9- LSB 6006XC (4) 86 md/sc 9/ 17
S.F. _____ receipt of the petition, the board shall submit the request to 1 a competent disinterested civil engineer to investigate the 2 feasibility of adding the additional territory and to make a 3 report to the board. If the board agrees that the property 4 should be added to the district, the tax levy for the next 5 year shall be applied to the property and on the first day 6 of the next fiscal year the property shall become a part of 7 the district. If the district lies in more than one county 8 the joint action of the boards involved is required to add 9 additional territory. 10 2. The owner of any property joining an established district 11 shall pay to the directors of the district an initial fee to be 12 computed as follows: 13 a. The directors shall first determine fair market value of 14 all property and improvements owned by the district, less any 15 indebtedness. 16 b. The board shall then determine the assessed value of all 17 property in the district which is not assessed as agricultural 18 land. This shall be divided into the value determined in 19 paragraph “a” . 20 c. The board shall determine the assessed value of the 21 property of each landowner joining the established district 22 which is not assessed as agricultural land. 23 d. The result obtained in paragraph “b” shall be multiplied 24 by the result obtained in paragraph “c” . The result shall be 25 the initial fee to be charged each landowner. 26 3. The initial fees paid to the directors shall be used 27 to help defray the cost and maintenance of the district’s 28 emergency response services. 29 Sec. 24. NEW SECTION . 357B.213 Transition —— city, township 30 and emergency medical services district —— responsibility for 31 services —— taxes discontinued. 32 1. When the boundary lines of the district include a city, 33 such city shall not be responsible for providing emergency 34 response services as required by section 364.16 for services 35 -10- LSB 6006XC (4) 86 md/sc 10/ 17
S.F. _____ provided by the district. The city shall have no liability for 1 the method, manner, or means by which the district provides 2 emergency response services. 3 2. When the boundary lines of the district include all or 4 a portion of a township and the district has certified a tax 5 levy within the township for the purpose of fire protection 6 services, the township trustees shall no longer levy the tax 7 authorized in section 359.43 in that portion of the township 8 provided fire protection services by the district. Any 9 indebtedness incurred for the purposes of sections 359.42 10 through 359.45 for a service now provided by the district 11 shall be assumed by the district. Such township shall not be 12 responsible for providing the emergency response services as 13 required by section 359.42 for emergency response services now 14 provided by the district for the portion of the township within 15 the district, and shall have no liability for the method, 16 manner, or means by which the district provides the emergency 17 response services. 18 3. When the boundary lines of a district providing emergency 19 medical services include all or a portion of an emergency 20 medical services district under chapter 357F or chapter 357G 21 and the district has certified a tax to be levied on property 22 located within the emergency medical services district for the 23 purpose of providing emergency medical services, the emergency 24 medical services district trustees shall no longer levy the 25 taxes authorized in section 357F.8 or section 357G.8 in that 26 portion of such emergency medical services district that is 27 provided emergency medical services by the emergency response 28 district. 29 4. When the boundary lines of the district include all or 30 a portion of an emergency response district created pursuant 31 to chapter 357J and the district has certified a tax levy 32 within the chapter 357J emergency response district, the 33 emergency response district commission shall no longer levy 34 the tax provided by section 357J.10 in that portion of the 35 -11- LSB 6006XC (4) 86 md/sc 11/ 17
S.F. _____ emergency response district for the same services provided 1 by a benefited emergency response district created pursuant 2 to this subchapter. The emergency response district created 3 pursuant to chapter 357J shall not be responsible for providing 4 the emergency response services as required by section 359.42 5 for emergency response services now provided by the district 6 for the portion of the emergency response district within the 7 district, and shall have no liability for the method, manner, 8 or means by which the district provides the emergency response 9 services. 10 Sec. 25. NEW SECTION . 357B.214 Emergency medical districts 11 within a district. 12 Notwithstanding sections 357F.12 and 357G.12, when the 13 boundary lines of a district providing emergency medical 14 services include all of an emergency medical services district 15 formed pursuant to chapter 357F or 357G, the emergency medical 16 services district shall be dissolved. Any remaining property 17 and balance of assets and liabilities shall be transferred to 18 the district. The district shall assume all of the outstanding 19 obligations of the emergency medical services district. 20 Sec. 26. Section 359.42, Code 2016, is amended to read as 21 follows: 22 359.42 Township fire protection service, emergency warning 23 system, and emergency medical service. 24 Except as otherwise provided in section 331.385 , the 25 trustees of each township shall provide fire protection service 26 for the township, exclusive of any part of the township within 27 a benefited fire district or benefited emergency response 28 district providing fire protection services and may provide 29 emergency medical service. The trustees may purchase, own, 30 rent, or maintain fire protection service or emergency medical 31 service apparatus or equipment or both kinds of apparatus or 32 equipment and provide housing for the equipment. The trustees 33 of a township which is located within a county having a 34 population of three hundred thousand or more may also establish 35 -12- LSB 6006XC (4) 86 md/sc 12/ 17
S.F. _____ and maintain an emergency warning system within the township. 1 The trustees may contract with a public or private agency under 2 chapter 28E for the purpose of providing any service or system 3 required or authorized under this section . 4 Sec. 27. Section 359.43, subsection 1, Code 2016, is amended 5 to read as follows: 6 1. The township trustees may levy an annual tax not 7 exceeding forty and one-half cents per thousand dollars 8 of assessed value of the taxable property in the township, 9 excluding property within a benefited fire district or 10 benefited emergency response district providing fire protection 11 services or within the corporate limits of a city, for 12 the purpose of exercising the powers and duties specified 13 in section 359.42 . However, in a township having a fire 14 protection service or emergency medical service agreement or 15 both service agreements with a special charter city having a 16 paid fire department, the township trustees may levy an annual 17 tax not exceeding fifty-four cents per thousand dollars of 18 the assessed value of the taxable property for the services 19 authorized or required under section 359.42 and in a township 20 which is located within a county having a population of three 21 hundred thousand or more, the township trustees may levy an 22 annual tax not exceeding sixty-seven and one-half cents per 23 thousand dollars of assessed value of taxable property for the 24 services authorized or required under section 359.42 . 25 Sec. 28. Section 359.49, subsection 2, Code 2016, is amended 26 to read as follows: 27 2. By January 15 of each year, each township fire department 28 in the township shall provide to the board of trustees a 29 proposed budget showing all revenues and all expenses for 30 emergency services for the next fiscal year. By January 15 of 31 each year, each township fire department, and each municipal 32 fire department providing emergency services to a township, 33 shall submit to the board of trustees a report detailing 34 emergency services calls for the prior calendar year for the 35 -13- LSB 6006XC (4) 86 md/sc 13/ 17
S.F. _____ fire district and a copy of the fire report filed by the fire 1 department with the state fire marshal’s office. For purposes 2 of this subsection , “municipal” means relating to a city, 3 county, township, benefited fire district, benefited emergency 4 response district, or chapter 28E agency authorized by law to 5 provide emergency services. 6 Sec. 29. Section 359.49, subsection 8, paragraph b, Code 7 2016, is amended to read as follows: 8 b. For purposes of this subsection , “municipality” means 9 a city, county, township, benefited fire district, benefited 10 emergency response district, or agency formed under chapter 28E 11 and authorized by law to provide emergency services. 12 Sec. 30. Section 422.12, subsection 1, paragraph f, 13 subparagraph (1), Code 2016, is amended to read as follows: 14 (1) The individual is an active member of an organized 15 volunteer fire department in this state or is performing 16 services as a volunteer fire fighter for a municipality, 17 township, or benefited fire district , or benefited emergency 18 response district at the request of the chief or other 19 person in command of the fire department of the municipality, 20 township, or benefited fire district, or benefited emergency 21 response district, or of any other officer of the municipality, 22 township, or benefited fire district , or benefited emergency 23 response district having authority to demand such service. A 24 person performing such services shall not be classified as a 25 casual employee. 26 Sec. 31. Section 452A.17, subsection 1, paragraph a, 27 subparagraph (3), Code 2016, is amended to read as follows: 28 (3) A regional transit system, the state, any of its 29 agencies, any political subdivision of the state, or any 30 benefited fire district or benefited emergency response 31 district which is used for a purpose specified in section 32 452A.57, subsection 11 , or for public purposes, including fuel 33 sold for the transportation of pupils of approved public and 34 nonpublic schools by a carrier who contracts with the public 35 -14- LSB 6006XC (4) 86 md/sc 14/ 17
S.F. _____ school under section 285.5 . 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to emergency services by authorizing the 5 establishment of benefited emergency response districts to 6 provide emergency response services, including fire protection 7 services, emergency medical services, and other emergency 8 service, excluding law enforcement. 9 Under the bill, a county board of supervisors shall, on 10 the petition of 10 percent of the resident property owners 11 in a proposed district, hold a public hearing concerning the 12 establishment of a proposed district. The bill specifies 13 the contents of the petition and authorizes the board of 14 supervisors to require a bond from the petitioners. The 15 bill authorizes a district to include one or more adjoining 16 townships or portions thereof and may include one or more 17 cities or portions thereof adjacent to participating townships. 18 The bill requires the public hearing to be held within 60 19 days of the filing of the petition with the board and specifies 20 the notice requirements for such hearing. After, and within 21 10 days of, the hearing, the board of supervisors shall either 22 establish the district by resolution or disallow the petition. 23 When the board establishes a district, the board shall appoint 24 a competent disinterested civil engineer, who is required to 25 prepare a preliminary plat for the district. The engineer 26 must file a report with the county auditor within 30 days 27 of appointment. After the engineer’s report is filed, the 28 board of supervisors must hold a public hearing concerning the 29 engineer’s plat. Within 10 days after the hearing, the board 30 shall, by resolution, approve or disapprove the engineer’s 31 plat. 32 Under the bill, when a preliminary plat has been approved 33 by the board of supervisors, an election shall be held within 34 the district within 60 days of such approval to approve or 35 -15- LSB 6006XC (4) 86 md/sc 15/ 17
S.F. _____ disapprove the levy of a tax not to exceed $1.60 and 3/4 cents 1 per $1,000 of assessed value and to choose directors for the 2 board of directors of the district. Except for the initial 3 board of directors, each director shall be elected for a 4 three-year term. 5 The bill specifies the powers and duties of the board 6 of directors including the ability to purchase, own, rent, 7 or maintain fire, emergency medical, or other emergency 8 response apparatus or equipment within the state or outside the 9 territorial jurisdiction and boundary limits of this state and 10 provide housing for such apparatus or equipment. The board 11 of directors may levy an annual tax not exceeding $1.60 and 12 3/4 cents per $1,000 of assessed value on all taxable property 13 within the district. The tax shall be set to raise only 14 the amount needed, as provided in the approved budget. The 15 board of directors may purchase material and employ persons 16 to provide for the maintenance and operation of the district. 17 The directors shall be allowed reimbursement for any necessary 18 expenses incurred in the performance of their duties, but they 19 shall not receive any other compensation for their services. 20 The bill also authorizes the board of directors of a district 21 to anticipate the collection of taxes and, for the purpose of 22 providing emergency response services, issue bonds if approved 23 at election. 24 Upon petition of a number of resident eligible electors in a 25 district equal to at least 35 percent of the property taxpayers 26 in the district, the board of supervisors may dissolve a 27 district and dispose of any remaining property, the proceeds of 28 which shall first be applied against any outstanding obligation 29 of the district. Any remaining balance shall be applied as a 30 tax credit for the property owners of the district. The board 31 of supervisors shall continue to levy an annual tax during the 32 time the district is being dissolved and after the dissolution 33 of a district, not to exceed 27 cents per $1,000 of assessed 34 value of the taxable property of the district, until all 35 -16- LSB 6006XC (4) 86 md/sc 16/ 17
S.F. _____ outstanding obligations of the district are paid. 1 The bill establishes provisions for the addition of property 2 to the district and the imposition of a fee for inclusion of 3 such property. The bill also provides for the transition of 4 existing emergency response services from cities, townships, 5 and other special districts to a newly formed benefited 6 emergency response district and for the reorganization of a 7 benefited fire district under Code chapter 357B if approved at 8 election. 9 The bill includes corresponding changes to other provisions 10 of law relating to the joint exercise of governmental power 11 under Code chapter 28E, metropolitan and regional planning 12 commissions under Code chapter 28I, workers’ compensation under 13 Code chapter 85, fire and emergency response services training 14 under Code chapter 100B, fire scenes under Code chapter 102, 15 and the definition of “fire department” under Code chapter 321 16 similar to those in effect for benefited fire districts under 17 Code chapter 357B. 18 -17- LSB 6006XC (4) 86 md/sc 17/ 17