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
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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_____
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
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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
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_____
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
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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
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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
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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
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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
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