House File 2319 - Introduced HOUSE FILE 2319 BY THORUP A BILL FOR An Act relating to the creation and administration of emergency 1 response districts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6065HH (3) 88 js/ns
H.F. 2319 Section 1. Section 357J.1, Code 2020, is amended to read as 1 follows: 2 357J.1 Authorization and purpose. 3 1. This chapter authorizes a pilot project for which a 4 county of the state may establish an the establishment of 5 emergency response district districts . 6 2. The purpose of this chapter is to provide a county within 7 the state an opportunity to participate in a pilot project 8 having a new governance structure to facilitate the delivery 9 and funding of fire protection service and emergency medical 10 service to residents of the county. do all of the following: 11 a. Serve a public use and promote the health, safety, 12 prosperity, security, and general welfare of the citizens 13 of emergency response districts by preventing or reducing 14 duplication, overlapping, and fragmentation of the functions 15 and facilities of special districts. 16 b. Better serve the citizens of the state through 17 consolidation. 18 c. Reduce costs and increase efficiency of operation. 19 Sec. 2. Section 357J.2, Code 2020, is amended by adding the 20 following new subsections: 21 NEW SUBSECTION . 1A. “Board of trustees” means the board 22 of trustees of a township. 23 NEW SUBSECTION . 2A. “Council” means a city council of a 24 city. 25 NEW SUBSECTION . 4. “Governmental entity” means a county, 26 city, or township. 27 Sec. 3. Section 357J.2, subsections 2 and 3, Code 2020, are 28 amended to read as follows: 29 2. “Commission” means a governing body composed of a member 30 of the board of supervisors, the sheriff, and the mayor from 31 each city within the district. A member of the commission 32 shall not appoint a designee to serve on the commission in the 33 member’s capacity or designee of each governmental entity that 34 is a member of the emergency response district . 35 -1- LSB 6065HH (3) 88 js/ns 1/ 4
H.F. 2319 3. “District” means an emergency response district area . 1 Sec. 4. Section 357J.3, Code 2020, is amended by striking 2 the section and inserting in lieu thereof the following: 3 357J.3 Notification of public hearing. 4 1. Each governmental entity intending to participate in 5 an emergency response district shall issue a notice of intent 6 to hold a public hearing concerning the establishment of a 7 proposed district. The hearing shall not be held until at 8 least thirty days after the notice is issued but not more than 9 ninety days after the notice is issued. 10 2. Notice required under subsection 1 shall include all of 11 the following information: 12 a. A statement explaining the need for fire protection 13 service or emergency medical service. 14 b. The geographic boundaries of the district. 15 c. The approximate number of families in the district. 16 d. The proposed personnel, equipment, and facilities to 17 provide the fire protection services or emergency medical 18 services. 19 e. The date, time, and location of the public hearing. 20 Sec. 5. Section 357J.4, Code 2020, is amended to read as 21 follows: 22 357J.4 District —— boundary changes. 23 1. The boundary lines of a district may include any 24 incorporated or unincorporated areas within a county . 25 2. a. The boundary lines of a district shall not be changed 26 after the district is established except as provided in this 27 subsection . 28 a. b. The boundary lines of a district shall be changed and 29 shall become effective immediately upon approval of all of the 30 following: 31 (1) The the commission and each governmental entity 32 currently participating in the emergency response district . 33 (2) The board of township trustees of the area proposed to 34 be included or excluded from the district. 35 -2- LSB 6065HH (3) 88 js/ns 2/ 4
H.F. 2319 (3) The district fire chief. 1 (4) The assistant fire chief who is responsible for delivery 2 of fire protection service and emergency medical service 3 within the area proposed to be excluded from the district, if 4 applicable. 5 (5) The fire chief of a fire department in the area proposed 6 to be included in the district, if applicable. 7 b. The boundary lines of a district shall be changed to 8 exclude a city or the unincorporated areas of a township if the 9 commission receives a written request from the governing body 10 of the city or the board of township trustees, as applicable, 11 requesting exclusion from the district. However, a boundary 12 change under this paragraph shall become effective no earlier 13 than eighteen months following receipt of the written request. 14 Sec. 6. NEW SECTION . 357J.19 Dissolution of district. 15 Incorporation documents of an emergency response district 16 shall include provisions for dissolution, the withdrawal of an 17 individual participant in the emergency response district, and 18 the dispensing of property in the case of either event. 19 Sec. 7. REPEAL. Sections 357J.5, 357J.6, 357J.7, 357J.8, 20 357J.9, and 357J.14, Code 2020, are repealed. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to the creation and administration of 25 emergency response districts. 26 Current law creates a pilot project authorizing a county to 27 establish an emergency response district within the county. 28 A commission composed of a member of the county board of 29 supervisors, the county sheriff, and the mayor from each 30 city within the district is responsible for governing the 31 district and no member may appoint a designee to serve on the 32 commission. Current law allows certain boards of supervisors 33 to call for the creation of an emergency response district 34 and notify the state fire marshal’s office if a motion to 35 -3- LSB 6065HH (3) 88 js/ns 3/ 4
H.F. 2319 form a district has been adopted. Upon the approval of a 1 district, an appointed civil engineer or the county engineer 2 is required to submit a preliminary plat exhibiting certain 3 details of the district and a subsequent report. Current law 4 also requires the district fire chief to appoint an assistant 5 fire chief for each existing fire department and station within 6 the district who shall be responsible for delivery of fire 7 protection service and emergency medical service within the 8 areas designated by the commission. 9 The bill repeals the pilot program and authorizes a 10 governmental entity, as defined in the bill, to establish an 11 emergency response district. The bill amends the definition of 12 “commission” to mean a member or designee of each governmental 13 entity participating in the emergency response district. The 14 bill requires each governmental entity intending to participate 15 in an emergency response district to issue a notice of intent 16 to hold a public hearing concerning the establishment of 17 a proposed district and provide certain information with 18 such notice. The bill requires a hearing concerning the 19 establishment of a proposed district to occur no less than 30 20 days and no more than 90 days after the notice is issued. The 21 bill amends the process for changing district boundaries to 22 require the approval of the commission and each governmental 23 entity that is a member of the emergency response district. 24 The bill requires incorporation documents of an emergency 25 response district to include provisions for dissolution, the 26 withdrawal of an individual member, and the dispensing of 27 property in either event. The bill repeals provisions relating 28 to the engineer’s responsibilities and the appointment of 29 assistant fire chiefs. 30 -4- LSB 6065HH (3) 88 js/ns 4/ 4