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
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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
.
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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.
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(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
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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.
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