S.F. 231 Section 1. NEW SECTION . 28E.33 Unified fire department —— 1 requirements. 2 1. For purposes of this section, “largest city” means the 3 city that is the largest city by population that is a party to 4 an agreement under this section as of the most recent decennial 5 census as of the date the agreement became effective. 6 2. Notwithstanding any provision of this chapter to the 7 contrary, cities that provide fire protection services and 8 emergency medical services may enter into an agreement under 9 this chapter to establish a unified fire department under 10 this section to provide fire protection and emergency medical 11 service protection subject to the requirements of this section. 12 To establish a unified fire department under this section, 13 at least one city entering into the agreement must employ 14 full-time employees. 15 3. Except as otherwise provided pursuant to this section, 16 the inclusion of a city in a unified fire department shall not 17 affect the prior establishment of a civil service system under 18 chapter 400 or a pension or retirement system under chapters 19 97B, 410, or 411. 20 4. An agreement to establish a unified fire department 21 under this section shall be subject to all of the following 22 requirements: 23 a. The agreement shall specify that the largest city shall 24 be deemed the employer for employees of the unified fire 25 department. 26 b. An employee of a city other than the largest city 27 entering an agreement shall be granted full employment rights 28 in the unified fire department based on all similar prior 29 service by that employee. 30 c. (1) If at least one city entering the agreement is 31 subject to chapter 400, the civil service commission for the 32 largest city subject to chapter 400 shall serve as the civil 33 service commission for the unified fire department, and all 34 employees of the unified fire department shall be subject to 35 -1- LSB 1671XS (4) 88 je/rn 1/ 4

S.F. 231 the requirements established for employees under chapter 400. 1 (2) An employee who was either not previously subject to the 2 requirements of chapter 400 or subject to the requirements of 3 chapter 400 for a city other than the largest city shall, for 4 purposes of chapter 400, be granted full civil service rights 5 pursuant to section 400.7 at the time the employee becomes 6 subject to the requirements of chapter 400 for the unified fire 7 department based on all similar prior full-time service by that 8 employee either for a city not subject to the requirements of 9 chapter 400 or subject to the requirements of chapter 400 for a 10 city other than the largest city. 11 d. The retirement system under either chapter 411 or 97B 12 in which the largest city participates as of the date the 13 agreement creating the unified fire department became effective 14 shall be the retirement system for the unified fire department. 15 Employees of the unified fire department shall, for service for 16 the unified fire department on or after the date the agreement 17 became effective, be members of that retirement system. 18 Sec. 2. Section 97B.49B, subsection 1, paragraph e, 19 subparagraph (2), Code 2019, is amended to read as follows: 20 (2) A marshal in a city not covered under chapter 400 , or a 21 fire fighter or police officer of a city not participating in 22 the retirement systems established in chapter 410 or 411 , or a 23 fire fighter of a unified fire department established pursuant 24 to section 28E.33 that does not participate in the retirement 25 system established in chapter 411 pursuant to section 28E.33, 26 subsection 4, paragraph “d” . 27 Sec. 3. Section 411.2, subsection 1, Code 2019, is amended 28 to read as follows: 29 1. Except as provided in subsections 2 through 5 6 , 30 each city in which the fire fighters or police officers are 31 appointed under the civil service law of this state, and each 32 unified fire department established pursuant to section 28E.33 33 that participates pursuant to section 28E.33, subsection 4, 34 paragraph “d” , shall participate in the retirement system 35 -2- LSB 1671XS (4) 88 je/rn 2/ 4

S.F. 231 established by this chapter for the purpose of providing 1 retirement allowances only for fire fighters or police 2 officers, or both, of the cities who are so appointed after the 3 date the city comes under the retirement system, or benefits to 4 their dependents. 5 Sec. 4. Section 411.2, Code 2019, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 6. A city that has a paid fire department 8 and that is under the retirement system established by this 9 chapter that becomes a party to an agreement to establish a 10 unified fire department established pursuant to section 28E.33 11 shall not have fire fighters of the unified fire department 12 come under this chapter as of the date the city becomes a party 13 to the agreement if the unified fire department participates in 14 the retirement system established in chapter 97B pursuant to 15 section 28E.33, subsection 4, paragraph “d” . 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to the creation of a unified fire 20 department under Code chapter 28E to provide fire protection 21 services and emergency medical services. 22 The bill provides for the authority to establish a unified 23 fire department and provides requirements for the establishment 24 of a unified fire department. The bill authorizes cities 25 that provide fire protection services and emergency medical 26 services to enter into an agreement to establish a unified fire 27 department. The bill requires that at least one such city must 28 employ full-time employees. 29 The bill provides that the largest city that is a party to 30 the agreement shall be deemed the employer for employees of the 31 unified fire department. An employee of a city other than the 32 largest city shall be granted full employment rights in the 33 unified fire department based on all similar prior service by 34 that employee. 35 -3- LSB 1671XS (4) 88 je/rn 3/ 4

S.F. 231 The bill provides that the civil service commission for 1 the largest city subject to city civil service requirements 2 shall serve as the civil service commission for the unified 3 fire department if at least one city entering the agreement is 4 subject to city civil services requirements. All employees 5 of such a unified fire department shall be subject to city 6 civil services requirements. An employee who was either 7 not previously subject to city civil services requirements 8 or subject to city civil services requirements for a city 9 other than the largest city shall, for purposes of city civil 10 services requirements, be granted full civil service rights at 11 the time the employee becomes subject to city civil services 12 requirements for the unified fire department based on all 13 similar prior full-time service by that employee either for a 14 city not subject to city civil services requirements or subject 15 to city civil services requirements for a city other than the 16 largest city. 17 The bill provides that the retirement system under either 18 Code chapter 411 or 97B in which the largest city participates 19 as of the date the agreement became effective shall be the 20 retirement system for the unified fire department. Employees 21 of the unified fire department shall, for service for the 22 unified fire department on or after the date the agreement 23 became effective, be members of that retirement system. 24 The bill defines “largest city” as the city that is the 25 largest city by population that is a party to an agreement 26 to establish a unified fire department as of the most recent 27 decennial census as of the date the agreement became effective. 28 -4- LSB 1671XS (4) 88 je/rn 4/ 4