Senate File 2099 - Introduced SENATE FILE 2099 BY BROWN A BILL FOR An Act relating to the establishment of emergency response 1 districts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5835XS (3) 89 js/ns
S.F. 2099 Section 1. Section 357J.1, Code 2022, 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 2022, 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 2022, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -1- LSB 5835XS (3) 89 js/ns 1/ 4
S.F. 2099 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 2022, 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 5835XS (3) 89 js/ns 2/ 4
S.F. 2099 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. REPEAL. Sections 357J.5, 357J.6, 357J.7, 357J.8, 17 357J.9, and 357J.14, Code 2022, are repealed. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to the establishment of emergency response 22 districts. 23 Current law creates a pilot project authorizing a county to 24 establish an emergency response district within the county. 25 A commission composed of a member of the county board of 26 supervisors, the county sheriff, and the mayor from each 27 city within the district is responsible for governing the 28 district and no member may appoint a designee to serve on the 29 commission. Current law allows certain boards of supervisors 30 to call for the creation of an emergency response district 31 and notify the state fire marshal’s office if a motion to 32 form a district has been adopted. Upon the approval of a 33 district, an appointed civil engineer or the county engineer 34 is required to submit a preliminary plat exhibiting certain 35 -3- LSB 5835XS (3) 89 js/ns 3/ 4
S.F. 2099 details of the district and a subsequent report. Current law 1 also requires the district fire chief to appoint an assistant 2 fire chief for each existing fire department and station within 3 the district who shall be responsible for delivery of fire 4 protection service and emergency medical service within the 5 areas designated by the commission. 6 The bill repeals the pilot program and authorizes a 7 governmental entity, as defined in the bill, to establish an 8 emergency response district. The bill amends the definition of 9 “commission” to mean a member or designee of each governmental 10 entity participating in the emergency response district. The 11 bill requires each governmental entity intending to participate 12 in an emergency response district to issue a notice of intent 13 to hold a public hearing concerning the establishment of 14 a proposed district and provide certain information with 15 such notice. The bill requires a hearing concerning the 16 establishment of a proposed district to occur no less than 30 17 days and no more than 90 days after the notice is issued. The 18 bill amends the process for changing district boundaries to 19 require the approval of the commission and each governmental 20 entity that is a member of the emergency response district. 21 The bill requires incorporation documents of an emergency 22 response district to include provisions for dissolution, the 23 withdrawal of an individual member, and the dispensing of 24 property in either event. The bill repeals provisions relating 25 to the engineer’s responsibilities and the appointment of 26 assistant fire chiefs. 27 -4- LSB 5835XS (3) 89 js/ns 4/ 4