H.F. 248 Section 1. Section 357J.1, Code 2021, 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, overlap, and fragmentation of the functions and 15 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 2021, is amended to read as 20 follows: 21 357J.2 Definitions. 22 As used in this chapter , unless the context otherwise 23 requires: 24 1. “Board” means the board of supervisors of a county. 25 2. 1. “Commission” means a governing body composed of a 26 member of the board of supervisors, the sheriff, and the mayor 27 from each city within the district. A member of the commission 28 shall not appoint a designee to serve on the commission in the 29 member’s capacity or designee of each governmental entity that 30 is a member of the emergency response district . 31 3. 2. “District” means an emergency response district area . 32 3. “Governmental entity” means a county, city, or township. 33 Sec. 3. Section 357J.3, Code 2021, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -1- LSB 1772HH (4) 89 js/ns 1/ 5

H.F. 248 357J.3 Notification of public hearing. 1 1. Each governmental entity intending to participate in 2 an emergency response district shall issue a notice of intent 3 to hold a public hearing concerning the establishment of a 4 proposed district. The hearing shall not be held until at 5 least thirty days after the notice is issued but not more than 6 ninety days after the notice is issued. 7 2. Notice required under subsection 1 shall include all of 8 the following information: 9 a. A statement explaining the need for fire protection 10 service or emergency medical service. 11 b. The geographic boundaries of the district. 12 c. The approximate number of families in the district. 13 d. The proposed personnel, equipment, and facilities to 14 provide the fire protection services or emergency medical 15 services. 16 e. The date, time, and location of the public hearing. 17 Sec. 4. Section 357J.4, Code 2021, is amended to read as 18 follows: 19 357J.4 District —— boundary changes. 20 1. The boundary lines of a district may include any 21 incorporated or unincorporated areas within a county . 22 2. a. The boundary lines of a district shall not be changed 23 after the district is established except as provided in this 24 subsection . 25 a. b. The boundary lines of a district shall be changed and 26 shall become effective immediately upon approval of all of the 27 following: 28 (1) The the commission and each governmental entity 29 currently participating in the emergency response district . 30 (2) The board of township trustees of the area proposed to 31 be included or excluded from the district. 32 (3) The district fire chief. 33 (4) The assistant fire chief who is responsible for delivery 34 of fire protection service and emergency medical service 35 -2- LSB 1772HH (4) 89 js/ns 2/ 5

H.F. 248 within the area proposed to be excluded from the district, if 1 applicable. 2 (5) The fire chief of a fire department in the area proposed 3 to be included in the district, if applicable. 4 b. The boundary lines of a district shall be changed to 5 exclude a city or the unincorporated areas of a township if the 6 commission receives a written request from the governing body 7 of the city or the board of township trustees, as applicable, 8 requesting exclusion from the district. However, a boundary 9 change under this paragraph shall become effective no earlier 10 than eighteen months following receipt of the written request. 11 Sec. 5. NEW SECTION . 357J.19 Dissolution of district. 12 Incorporation documents of an emergency response district 13 shall include provisions for dissolution, the withdrawal of an 14 individual participant in the emergency response district, and 15 the dispensing of property in the case of either event. 16 Sec. 6. Section 364.16, Code 2021, is amended to read as 17 follows: 18 364.16 Municipal fire protection. 19 1. Each city shall provide for the protection of life and 20 property against fire and may establish, house, equip, staff, 21 uniform, and maintain a fire department. A city may establish 22 fire limits and may, consistent with code standards promulgated 23 by nationally recognized fire prevention agencies, regulate the 24 storage, handling, use, and transportation of all flammables, 25 combustibles, and explosives within the corporate limits and 26 inspect for and abate fire hazards. 27 2. A city may provide conditions upon which the fire 28 department will answer calls outside the corporate limits or 29 the territorial jurisdiction and boundary limits of this state. 30 A city has the same governmental immunity outside its corporate 31 limits when providing fire protection as when operating within 32 the corporate limits. Fire fighters operating equipment on 33 calls outside the corporate limits are entitled to the benefits 34 of chapter 410 or 411 when otherwise qualified. 35 -3- LSB 1772HH (4) 89 js/ns 3/ 5

H.F. 248 3. Notwithstanding subsection 1, a city in which an 1 institution of higher education governed by the state board 2 of regents is located shall establish, house, equip, staff, 3 uniform, and maintain a full-time, professional fire department 4 that is separate from the city’s police department. 5 Sec. 7. REPEAL. Sections 357J.5, 357J.6, 357J.7, 357J.8, 6 357J.9, and 357J.14, Code 2021, are repealed. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to the establishment of emergency response 11 districts and fire departments. 12 Current law creates a pilot project authorizing a county to 13 establish an emergency response district within the county. 14 A commission composed of a member of the county board of 15 supervisors, the county sheriff, and the mayor from each 16 city within the district is responsible for governing the 17 district and no member may appoint a designee to serve on the 18 commission. Current law allows certain boards of supervisors 19 to call for the creation of an emergency response district 20 and notify the state fire marshal’s office if a motion to 21 form a district has been adopted. Upon the approval of a 22 district, an appointed civil engineer or the county engineer 23 is required to submit a preliminary plat exhibiting certain 24 details of the district and a subsequent report. Current law 25 also requires the district fire chief to appoint an assistant 26 fire chief for each existing fire department and station within 27 the district who shall be responsible for delivery of fire 28 protection service and emergency medical service within the 29 areas designated by the commission. 30 The bill repeals the pilot program and authorizes a 31 governmental entity, as defined in the bill, to establish an 32 emergency response district. The bill amends the definition of 33 “commission” to mean a member or designee of each governmental 34 entity participating in the emergency response district. The 35 -4- LSB 1772HH (4) 89 js/ns 4/ 5

H.F. 248 bill requires each governmental entity intending to participate 1 in an emergency response district to issue a notice of intent 2 to hold a public hearing concerning the establishment of 3 a proposed district and provide certain information with 4 such notice. The bill requires a hearing concerning the 5 establishment of a proposed district to occur no less than 30 6 days and no more than 90 days after the notice is issued. The 7 bill amends the process for changing district boundaries to 8 require the approval of the commission and each governmental 9 entity that is a member of the emergency response district. 10 The bill requires incorporation documents of an emergency 11 response district to include provisions for dissolution, the 12 withdrawal of an individual member, and the dispensing of 13 property in either event. The bill repeals provisions relating 14 to the engineer’s responsibilities and the appointment of 15 assistant fire chiefs. 16 The bill requires a city in which an institution of higher 17 education governed by the state board of regents is located 18 to establish, house, equip, staff, uniform, and maintain a 19 full-time, professional fire department that is separate from 20 the city’s police department. 21 -5- LSB 1772HH (4) 89 js/ns 5/ 5