Senate Study Bill 3009 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WEBSTER) A BILL FOR An Act relating to duties of certain political subdivisions, 1 including duties of fence viewers, stewardship of certain 2 cemeteries, and provision of fire protection and emergency 3 medical services, and including transition and effective 4 date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5918XC (1) 91 js/jh

S.F. _____ DIVISION I 1 FENCE VIEWERS 2 Section 1. Section 165.35, Code 2026, is amended to read as 3 follows: 4 165.35 Township County animal board of health. 5 The township trustees in such fence viewers appointed 6 pursuant to section 359A.2A in each county are hereby 7 constituted the animal board of health in their respective 8 townships counties and they shall by April 1 of each year , and 9 at such other times as they shall deem advisable, make a survey 10 and report to the department all breeding cattle brought from 11 outside of the county into each township in their respective 12 townships from outside of the county counties . 13 Sec. 2. Section 169C.6, subsection 3, Code 2026, is amended 14 to read as follows: 15 3. If the fence is not erected or maintained as required 16 in section 359A.6 , and upon the written request of the board 17 of township trustees, the board of supervisors of the county 18 where the fence is to be erected or maintained shall act in 19 the same manner as the board of township trustees under that 20 section, including by erecting erect or maintaining maintain 21 the fence, ordering order payment from a defaulted party, and 22 certifying certify an amount due to the county treasurer in 23 the same manner as in section 359A.6 . The amount due shall 24 include the total costs required to erect or maintain the fence 25 and a penalty equal to five percent of the total costs. The 26 amount shall be placed upon the county system and collected in 27 the same manner as ordinary taxes. Upon certification to the 28 county treasurer, the amount assessed shall be a lien on the 29 parcel until paid. 30 Sec. 3. Section 327G.4, subsection 1, paragraph e, Code 31 2026, is amended to read as follows: 32 e. Any other type which that the fence viewers of any 33 township the county through which it the fence passes may 34 determine as efficient as any of the above types. 35 -1- LSB 5918XC (1) 91 js/jh 1/ 66

S.F. _____ Sec. 4. Section 359A.2, Code 2026, is amended to read as 1 follows: 2 359A.2 Trimming and cutting back. 3 If said fence be hedge, the owner thereof shall trim or 4 cut it back twice during each calendar year, the first time 5 during the month of June and the last time during the month of 6 September, to within five feet from the ground, unless such 7 owners otherwise agree in writing to be filed with and recorded 8 by the township clerk county recorder . 9 Sec. 5. Section 359A.2A, subsections 1 and 4, Code 2026, are 10 amended to read as follows: 11 1. The trustees of the township where a controversy arises 12 under this chapter shall serve as fence viewers The county 13 board of supervisors shall appoint five eligible electors from 14 the county to serve as fence viewers. No two appointees shall 15 be a resident of the same township . The fence viewers shall 16 have authority to hear and decide all questions related to 17 matters that are part of the controversy as provided in this 18 chapter . 19 4. Upon the disqualification of the a fence viewer, 20 the remaining trustees county board of supervisors shall 21 appoint a qualified substitute fence viewer to decide each 22 question related to a matter in controversy. If a trustee 23 fence viewer is not remaining, the township clerk county 24 board of supervisors shall appoint three qualified substitute 25 fence viewers to decide each question related to a matter in 26 controversy. However, this subsection does not apply if the 27 township clerk board of supervisors selects a fence viewer as 28 provided in section 359A.14 . 29 Sec. 6. Section 359A.2A, subsection 2, paragraph b, Code 30 2026, is amended to read as follows: 31 b. A fence viewer who has a conflict of interest in 32 deciding a question related to a matter that is part of the 33 controversy is disqualified from participating in the matter. 34 The disqualification shall be made by the election of the fence 35 -2- LSB 5918XC (1) 91 js/jh 2/ 66

S.F. _____ viewer or unanimous vote of the fence viewers who do not have a 1 conflict of interest in the matter. However, if three or more 2 fence viewers do not have a conflict of interest in the matter, 3 the disqualification shall be made by a majority vote of those 4 fence viewers. 5 Sec. 7. Section 359A.6, Code 2026, is amended to read as 6 follows: 7 359A.6 Default —— costs and fees collected. 8 If the erecting, rebuilding, or repairing of a fence is not 9 completed within thirty days from and after the time fixed in 10 the order issued under section 359A.4 , the board of township 11 trustees acting as fence viewers county board of supervisors 12 shall cause the fence to be erected, rebuilt, and repaired, and 13 the value thereof may be fixed by the fence viewers. Unless 14 the sum so fixed, together with all fees of the fence viewers 15 caused by the default, is paid to the county treasurer, within 16 ten days after the full amount due is ascertained, or when 17 ordered to pay for an existing fence, and the value thereof is 18 fixed by the fence viewers, and the sum, together with the fees 19 of the fence viewers, remains unpaid by the party in default 20 for ten days, the fence viewers shall certify to the county 21 treasurer the full amount due from the party or parties in 22 default, including all fees and costs assessed by the fence 23 viewers, together with a description of the real estate owned 24 by the party or parties in default along or upon which the said 25 fence exists. The county treasurer shall enter the full amount 26 due upon the county system, and the amount shall be collected 27 in the same manner as ordinary taxes. Upon certification to 28 the county treasurer, the amount assessed shall be a lien on 29 the parcel until paid. 30 Sec. 8. Section 359A.8, Code 2026, is amended to read as 31 follows: 32 359A.8 Orders. 33 All orders and decisions made by the fence viewers shall be 34 in writing, signed by at least two of them, and filed with the 35 -3- LSB 5918XC (1) 91 js/jh 3/ 66

S.F. _____ township clerk county recorder . The county recorder shall not 1 collect fees under this section. 2 Sec. 9. Section 359A.10, Code 2026, is amended to read as 3 follows: 4 359A.10 Entry and record of orders. 5 Such orders, decisions, notices, and returns shall be 6 entered of record at length by the township clerk, and a copy 7 thereof certified by the township clerk to the county recorder, 8 who shall record the same in the recorder’s office in the 9 manner specified in sections 558.49 and 558.52 , and index such 10 record in the name of each adjoining owner as grantor to the 11 other. The county recorder shall collect fees specified in 12 section 331.604 . 13 Sec. 10. Section 359A.14, Code 2026, is amended to read as 14 follows: 15 359A.14 Lands in different townships counties . 16 When the adjoining lands are situated in different townships 17 in the same or different counties, the clerk of the township 18 board of supervisors of the county of the owner making the 19 application shall select two trustees of the clerk’s township 20 as fence viewers from its county , and the clerk of the other 21 township board of supervisors of the other county shall select 22 one fence viewer from that clerk’s township county , who shall 23 possess, in such case, all the powers given to fence viewers 24 in this chapter , but all orders, notices, and valuations 25 and taxation of costs made by them must be recorded in both 26 townships and in the office of the recorder of deeds of each 27 county. 28 Sec. 11. Section 359A.23, Code 2026, is amended to read as 29 follows: 30 359A.23 Appeal. 31 Any person affected by an order or decision of the fence 32 viewers may appeal to the district court by filing with the 33 clerk of said court a notice of appeal within twenty days 34 after the rendition of the order or decision appealed from and 35 -4- LSB 5918XC (1) 91 js/jh 4/ 66

S.F. _____ filing an appeal bond in an amount approved by the township 1 clerk county recorder . The township clerk county recorder , 2 after recording the original papers, shall thereupon file them 3 in the office of the clerk of the district court, certifying 4 them to be such, and the clerk shall docket them, entitling the 5 applicant or petitioner as plaintiff, and it shall stand for 6 trial as other cases. 7 Sec. 12. REPEAL. Sections 359.17 and 359A.25, Code 2026, 8 are repealed. 9 DIVISION II 10 CEMETERIES AND OTHER PUBLIC SPACES 11 Sec. 13. Section 331.325, Code 2026, is amended to read as 12 follows: 13 331.325 Control and maintenance of pioneer and other 14 cemeteries —— cemetery commission. 15 1. As used in this section , “pioneer cemetery” means a 16 cemetery where there have been twelve or fewer burials in the 17 preceding fifty years. 18 2. Each county board of supervisors may shall adopt 19 an ordinance assuming jurisdiction and control of pioneer 20 cemeteries and all other cemeteries in the county under the 21 jurisdiction of township trustees as of the effective date of 22 this section of this Act . The board shall exercise the powers 23 and duties of township trustees relating to the maintenance 24 in sections 359.37 through 359.40 and chapter 523I, and shall 25 maintain and repair of all cemeteries in the county as provided 26 in sections 359.28 through 359.40 except that the board shall 27 not certify a tax levy pursuant to section 359.30 or 359.33 and 28 except that the maintenance and repair of all cemeteries under 29 the jurisdiction of the county including pioneer cemeteries 30 shall be paid from the county general fund , unless a city 31 has assumed jurisdiction over a cemetery located in the 32 county or if there is a private organization that oversees 33 the maintenance and repair of a cemetery in the county . The 34 maintenance and improvement program for a pioneer cemetery may 35 -5- LSB 5918XC (1) 91 js/jh 5/ 66

S.F. _____ include restoration and management of native prairie grasses 1 and wildflowers. 2 3. a. In lieu of management of the cemeteries, the The 3 board of supervisors may create, by ordinance, a cemetery 4 commission to assume jurisdiction and management of the pioneer 5 cemeteries in the county. The ordinance shall delineate the 6 number of commissioners, the appointing authority, the term 7 of office, officers, employees, organizational matters, rules 8 of procedure, compensation and expenses, and other matters 9 deemed pertinent by the board. The board may delegate any 10 power and duties duty relating to cemeteries that may otherwise 11 be exercised by township trustees pursuant to sections 359.28 12 through 359.40 to the cemetery commission except the commission 13 shall not certify a tax levy pursuant to section 359.30 or 14 359.33 and except that the expenses of the cemetery commission 15 shall be paid from the county general fund the maintenance and 16 repair of cemeteries but such powers and duties shall include 17 those in sections 359.37 through 359.40 and chapter 523I . 18 b. The cemetery commission, once created, may continue to 19 assume jurisdiction and management of a cemetery that would 20 no longer qualify as a pioneer cemetery due to recent burials 21 if the cemetery qualified as a pioneer cemetery upon or after 22 creation of the cemetery commission. The choice to continue 23 retaining jurisdiction and control of a cemetery that no longer 24 qualifies as a pioneer cemetery shall be made jointly between 25 the county board of supervisors and the cemetery commission. 26 c. The board of supervisors and the cemetery commission may 27 jointly decide to allow the cemetery commission to care for 28 any cemetery that had between thirteen and twenty-four burials 29 within the previous fifty years. However, a A cemetery that 30 had thirteen or more burials within the previous fifty years 31 shall not be considered a pioneer cemetery. 32 d. A cemetery that does not otherwise qualify to be 33 under the jurisdiction and control of a county board of 34 supervisors or county cemetery commission may designate a 35 -6- LSB 5918XC (1) 91 js/jh 6/ 66

S.F. _____ portion of the cemetery as a pioneer section if at least fifty 1 percent of the burials in that portion occurred at least one 2 hundred years prior to the designation. Upon approval by the 3 cemetery, the county board of supervisors, and the county 4 cemetery commission, the county cemetery commission may use 5 its resources to restore and maintain the pioneer section of 6 the cemetery as though that section was a pioneer cemetery. 7 However, a cemetery with a designated pioneer section and 8 the pioneer section itself shall not be considered a pioneer 9 cemetery. 10 4. Notwithstanding sections 359.30 and 359.33 , the costs of 11 management, repair, and maintenance of pioneer cemeteries shall 12 be paid from the county general fund. The county may levy 13 a tax not to exceed six and three-fourths cents per thousand 14 dollars of assessed value of taxable property for deposit into 15 a designated cemetery fund. Moneys in a county’s cemetery fund 16 shall be used to improve, maintain, and repair all cemeteries 17 under the jurisdiction of the county. This tax shall be 18 separate from other county levies and shall not be used for any 19 other purpose. Moneys in the cemetery fund shall not revert 20 and may be saved for capital expenses. 21 5. a. A county, a city, or a cemetery commission, if 22 created under subsection 3, may enter into agreements with 23 other counties, cities, or cemetery commissions pursuant to 24 chapter 28E to fulfill the duties of this section. 25 b. (1) If an agreement under chapter 28E is created 26 pursuant to paragraph “a” , each participating county or city 27 shall levy the same tax, not to exceed six and three-fourths 28 cents per one thousand dollars assessed value on all taxable 29 property. Revenues from taxes levied pursuant to this 30 paragraph shall be jointly used among all cemeteries under the 31 jurisdiction of the participating counties and cities. 32 (2) Taxes levied by a city pursuant to this paragraph shall 33 be deposited in a designated cemetery fund, shall be separate 34 from other city levies, and shall not be used for any other 35 -7- LSB 5918XC (1) 91 js/jh 7/ 66

S.F. _____ purpose. Moneys in a city’s cemetery fund shall not revert and 1 may be saved for capital expenses. 2 Sec. 14. Section 331.402, subsection 2, paragraph c, Code 3 2026, is amended to read as follows: 4 c. Levy within a township the county at a rate not to exceed 5 the rate permitted under sections 359.30 and 359.33 section 6 331.325 for the care and maintenance of cemeteries , if the 7 township officials fail to levy the tax as needed . 8 Sec. 15. Section 359.37, Code 2026, is amended to read as 9 follows: 10 359.37 Regulations. 11 1. The trustees, board of directors, or other officers 12 having the custody and control of any cemetery in this state, 13 board of supervisors shall have power, subject to the bylaws 14 and regulations of such cemetery, to do all of the following: 15 a. To enclose, improve, and adorn the ground of such 16 cemetery. 17 b. To construct avenues in the cemetery. 18 c. To erect proper buildings for the use of the cemetery. 19 d. To prescribe rules for the improving or adorning the 20 lots in the cemetery or for the erection of monuments or other 21 memorials of the dead upon the lots. 22 e. To prohibit any use, division, improvement, or adornment 23 of a lot which the trustees, directors, or officers that the 24 board of supervisors may deem improper. 25 2. The trustees board of supervisors , after such land 26 has been advertised for sealed bids by the trustees board 27 of supervisors , shall have authority to sell and dispose 28 of any lands or parcels of lands previously dedicated for 29 cemetery purposes and which that are no longer necessary for 30 such purposes, for the reason that no burials are being made 31 in the cemetery. However, any portion of the cemetery in 32 which burials have been made shall be kept and maintained by 33 the trustees board of supervisors . The proceeds from such 34 sales shall be deposited in the tax county’s cemetery fund 35 -8- LSB 5918XC (1) 91 js/jh 8/ 66

S.F. _____ established in accordance with section 359.30 331.325 , to be 1 used for the purposes of that fund. 2 Sec. 16. Section 359.38, Code 2026, is amended to read as 3 follows: 4 359.38 Watchpersons appointed. 5 Such trustees, directors, or other officers The board of 6 supervisors may appoint as many day and night watchpersons 7 of their its cemetery grounds as they may think it deems 8 expedient , and such . Such watchpersons, and also all their 9 sextons, superintendents, gardeners, and agents, stationed 10 upon or near said grounds are hereby authorized to take and 11 subscribe to an oath of office as provided in section 63.10 . 12 Sec. 17. Section 359.39, Code 2026, is amended to read as 13 follows: 14 359.39 Ex officio police officers. 15 Upon the taking of such an oath as provided in section 16 359.38 , such watchpersons, sextons, superintendents, gardeners, 17 and agents shall have and exercise all powers of police 18 officers within and adjacent to the cemetery grounds and each 19 shall have power to arrest any and all persons engaged in 20 violating the laws of this state, and to bring any such person 21 so offending before any judicial magistrate , to be dealt with 22 according to law. 23 Sec. 18. Section 359.40, Code 2026, is amended to read as 24 follows: 25 359.40 Cemeteries —— plats —— records. 26 Where When there is located in any township one or more 27 cemeteries, the owner of the same any such cemetery , or 28 any party owning an interest therein, may cause the same 29 that cemetery to be surveyed, platted, and laid out into 30 subdivisions and lots, numbering the same that cemetery by 31 progressive numbers, giving the length and breadth, also and 32 providing the location with reference to known or permanent 33 monuments to be made. The plat shall accurately describe all 34 the subdivisions of the tract of land used, or designed to be 35 -9- LSB 5918XC (1) 91 js/jh 9/ 66

S.F. _____ used as a cemetery, and shall be recorded in the office of the 1 county recorder , and filed with and recorded by the township 2 clerk, and preserved by the township clerk among the records 3 of the office . 4 Sec. 19. Section 523I.508, subsections 1, 4, and 5, Code 5 2026, are amended to read as follows: 6 1. Political subdivisions as trustees. Counties, cities, 7 irrespective of their form of government, and boards of 8 trustees of cities to whom the management of municipal 9 cemeteries has been transferred by ordinance , and civil 10 townships wholly outside of any city, are trustees in 11 perpetuity, and are required to accept, receive, and expend 12 all moneys and property donated or left to them by bequest for 13 perpetual care, and that portion of interment space sales or 14 permanent charges made against interment spaces which that 15 has been set aside in a perpetual care fund for which there 16 is no other acting trustee, shall be used in caring for the 17 property of the donor or lot owner who by purchase or otherwise 18 has provided for the perpetual care of an interment space in 19 any cemetery, or in accordance with the terms of the donation, 20 bequest, or agreement for sale and purchase of an interment 21 space, and the money or property thus received shall be used 22 for no other purpose. On and after the effective date of this 23 Act, a county shall assume trusteeship previously held by a 24 township within the county under this section, and the county 25 shall acquire all duties and property relating to cemeteries 26 previously held by such township. 27 4. Delegates to conventions. A township county having one 28 or more cemeteries under its control may designate up to two 29 officials from each cemetery as delegates to attend meetings 30 of cemetery officials, and certain expenses of the delegates 31 not exceeding twenty-five dollars for each delegate, including 32 association dues, may be paid out of the cemetery fund of the 33 township county . 34 5. Subscribing to publications. The cemetery officials of 35 -10- LSB 5918XC (1) 91 js/jh 10/ 66

S.F. _____ every township county having a cemetery under its control may 1 subscribe to one or more publications devoted exclusively to 2 cemetery management, and the subscriptions may be paid out of 3 the cemetery fund of the township county . 4 Sec. 20. Section 523I.508, subsection 3, paragraph a, Code 5 2026, is amended to read as follows: 6 a. Before any part of the principal may be invested or 7 used, the county, city, or board of trustees of a city to whom 8 the management of a municipal cemetery has been transferred 9 by ordinance , or civil township shall, by resolution, accept 10 the moneys described in subsection 1 and, by resolution, 11 shall provide for the payment of interest annually to the 12 appropriate fund, or to the cemetery, or the person in charge 13 of the cemetery, to be used in caring for or maintaining the 14 individual property of the donor in the cemetery, or interment 15 spaces which that have been sold if provision was made for 16 perpetual care, all in accordance with the terms of the 17 donation or bequest, or the terms of the sale or purchase of an 18 interment space. 19 Sec. 21. REPEAL. Sections 331.424B, 359.28, 359.29, 20 359.30, 359.31, 359.32, 359.33, 359.34, 359.35, 359.36, and 21 523I.403, Code 2026, are repealed. 22 DIVISION III 23 FIRE PROTECTION SERVICES AND EMERGENCY MEDICAL SERVICES 24 Sec. 22. Section 20.3, subsection 11, paragraphs b and e, 25 Code 2026, are amended to read as follows: 26 b. A marshal or police officer of a city , township, or 27 special-purpose district or authority who is a member of a paid 28 police department. 29 e. A permanent or full-time fire fighter of a city , 30 township, or special-purpose district or authority who is a 31 member of a paid fire department. 32 Sec. 23. Section 28E.31, subsection 4, Code 2026, is amended 33 to read as follows: 34 4. For purposes of this section , “municipality” means a 35 -11- LSB 5918XC (1) 91 js/jh 11/ 66

S.F. _____ city, county, township, benefited fire district, or agency 1 formed under this chapter and authorized by law to provide 2 emergency services. 3 Sec. 24. Section 28E.32, subsection 4, Code 2026, is amended 4 to read as follows: 5 4. For purposes of this section , “municipality” means a 6 city, county, township, benefited fire district, or agency 7 formed under this chapter and authorized by law to provide 8 emergency services. 9 Sec. 25. Section 28E.41, subsection 3, paragraph a, Code 10 2026, is amended to read as follows: 11 a. A county, city, fire district, or school district 12 may expend funds or issue general obligation bonds for the 13 payment of its share of the cost of constructing, acquiring, 14 furnishing, operating, or maintaining a joint public building 15 pursuant to subsection 1 . Section 28E.16 shall apply regarding 16 a single election to be authorized by the board of supervisors, 17 city council, governing body of a fire district, and board of 18 directors of a school district, in the event that a single 19 bond issue throughout the overlapping or contiguous areas, 20 or noncontiguous cities located in the same county or cities 21 located in contiguous counties, is contemplated. If separate 22 bond issues are authorized by the governing body of a county, 23 city, fire district, or school district for its respective 24 share of the cost of the joint public building, the applicable 25 bonding provisions of chapters 74 , 75 , 296 , 298 , 331 , 357B , 26 359 , and 384 shall apply. With regard to any issuance of 27 bonds pursuant to this section , a proposition to authorize an 28 issuance of bonds by a county, city, fire district, or school 29 district shall be deemed carried or adopted if the vote in 30 favor of the proposition is equal to at least sixty percent 31 of the vote cast for and against the proposition in each 32 participating county, city, fire district, or school district. 33 Sec. 26. Section 28E.42, subsection 2, Code 2026, is amended 34 to read as follows: 35 -12- LSB 5918XC (1) 91 js/jh 12/ 66

S.F. _____ 2. Two or more fire districts may enter an agreement 1 pursuant to this chapter for the purpose of financing projects 2 for which debt obligations may be or have been incurred 3 pursuant to chapter 74 , 75 , 331 , 357B , 359 , or 384 . For 4 purposes of this section , “fire district” means any governmental 5 entity which that provides fire protection services. 6 Sec. 27. Section 28J.1, subsection 8, Code 2026, is amended 7 to read as follows: 8 8. “Governmental agency” means a department, division, 9 or other unit of state government of this state or any 10 other state, city, county, township, or other governmental 11 subdivision, or any other public corporation or agency created 12 under the laws of this state, any other state, the United 13 States, or any department or agency thereof, or any agency, 14 commission, or authority established pursuant to an interstate 15 compact or agreement or combination thereof. 16 Sec. 28. Section 29C.22, subsection 1, paragraph a, Code 17 2026, is amended to read as follows: 18 a. This compact is made and entered into by and between 19 the participating emergency management commissions established 20 pursuant to section 29C.9 , counties, cities, and political 21 subdivisions which that enact this compact. For the purposes 22 of this agreement, the term “participating governments” means 23 emergency management commissions, counties, cities, townships, 24 and other political subdivisions of the state which that 25 have not, through ordinance or resolution of the governing 26 body, acted to withdraw from this compact. The inclusion of 27 emergency management commissions in the term “participating 28 governments” shall not convey taxing authority or other legal 29 authority to emergency management commissions that is not 30 otherwise granted in this chapter . 31 Sec. 29. Section 34A.3, subsection 1, paragraph a, 32 subparagraph (1), Code 2026, is amended to read as follows: 33 (1) Each political subdivision of the state having a public 34 safety agency serving territory within the county and each 35 -13- LSB 5918XC (1) 91 js/jh 13/ 66

S.F. _____ local emergency management agency as defined in section 29C.2 1 operating within the area is entitled to voting membership on 2 the joint 911 service board. For the purposes of this section , 3 a township that operates a volunteer fire department providing 4 fire protection services to the township, or a city which that 5 provides fire protection services through the operation of a 6 volunteer fire department not financed through city government , 7 shall be considered a political subdivision of the state 8 having a public safety agency serving territory within the 9 county. Each private safety agency operating within the area 10 is entitled to nonvoting membership on the board. 11 Sec. 30. Section 34A.3, subsection 1, paragraph a, 12 subparagraph (2), Code 2026, is amended by striking the 13 subparagraph. 14 Sec. 31. Section 85.61, subsection 3, paragraph a, Code 15 2026, is amended to read as follows: 16 a. A person, firm, association, or corporation, state, 17 county, municipal corporation, school corporation, area 18 education agency, township as an employer of volunteer fire 19 fighters and emergency medical care providers only, benefited 20 fire district, and the legal representatives of a deceased 21 employer. 22 Sec. 32. Section 85.61, subsection 11, Code 2026, is amended 23 to read as follows: 24 11. “Volunteer fire fighter” means any active member of 25 an organized volunteer fire department in this state and any 26 other person performing services as a volunteer fire fighter 27 for a municipality , township, or benefited fire district at 28 the request of the chief or other person in command of the 29 fire department of the municipality , township, or benefited 30 fire district, or of any other officer of the municipality , 31 township, or benefited fire district having authority to demand 32 such service, and who is not a full-time member of a paid fire 33 department. A person performing such services shall not be 34 classified as a casual employee. 35 -14- LSB 5918XC (1) 91 js/jh 14/ 66

S.F. _____ Sec. 33. Section 100.2, Code 2026, is amended to read as 1 follows: 2 100.2 Duties of fire officials. 3 The chief of the fire department or the chief’s designee 4 of every city or township in which a fire department is 5 established or the chief of the fire department or the chief’s 6 designee responding to every township fire where there is a 7 contract for fire protection in effect other fire protection 8 services entity who is the primary responder for a reported 9 fire shall designate a fire official to investigate into the 10 cause, origin , and circumstances of every that fire occurring 11 in the city or township by which property has been destroyed or 12 damaged or which that results in bodily injury to a person, and 13 determine whether the fire was the result of natural causes, 14 negligence , or design. The state fire marshal may assist in 15 the investigation or may direct the investigation if the fire 16 marshal finds it necessary. 17 Sec. 34. Section 100B.21, subsection 5, Code 2026, is 18 amended to read as follows: 19 5. “Municipality” means a city, county, township, benefited 20 fire district, or agency authorized by law to provide emergency 21 response services. 22 Sec. 35. Section 101.8, Code 2026, is amended to read as 23 follows: 24 101.8 Assistance by local officials. 25 The chief fire prevention officer of every city or village 26 having an established fire prevention department, the chief of 27 the fire department of every other city or village in which 28 a fire department is established, the mayor of every city in 29 which no fire department exists, the township clerk of every 30 township outside the limits of any city or village and all 31 other local officials upon whom fire prevention duties are 32 imposed by law shall assist the director in the enforcement of 33 the rules. 34 Sec. 36. Section 102.1, Code 2026, is amended to read as 35 -15- LSB 5918XC (1) 91 js/jh 15/ 66

S.F. _____ follows: 1 102.1 Definition. 2 As used in this chapter , “fire department” means the fire 3 department of a city , township, or benefited fire district. 4 Sec. 37. Section 233.1, subsection 2, paragraph e, Code 5 2026, is amended to read as follows: 6 e. “Fire department” means a paid or volunteer fire 7 protection service provided by a benefited fire district under 8 chapter 357B or by a county , or municipality or township , or 9 a private corporate organization that has a valid contract to 10 provide fire protection service for a benefited fire district, 11 county, municipality, township, or governmental agency. 12 Sec. 38. Section 321.423, subsection 1, paragraph b, Code 13 2026, is amended to read as follows: 14 b. “Fire department” means a paid or volunteer fire 15 protection service provided by a benefited fire district under 16 chapter 357B or by a county , or municipality or township , or 17 a private corporate organization that has a valid contract to 18 provide fire protection service for a benefited fire district, 19 county, municipality, township or governmental agency. 20 Sec. 39. Section 331.385, Code 2026, is amended by striking 21 the section and inserting in lieu thereof the following: 22 331.385 Powers and duties relating to emergency services. 23 1. A county shall provide, through the establishment of 24 an emergency response district pursuant to chapter 357J, fire 25 protection service and emergency medical service for any 26 township located in the unincorporated area of the county that 27 is not already served through a fire district established 28 pursuant to chapter 357B, another emergency response district, 29 an entity created pursuant to an agreement entered into under 30 chapter 28E, or a contract with another county or city. 31 2. If a township provided fire protection outside of the 32 county’s boundaries up to and including the effective date of 33 this section of this Act, the county shall continue to provide 34 fire protection to that area for at least ninety days after the 35 -16- LSB 5918XC (1) 91 js/jh 16/ 66

S.F. _____ assumption of such obligations, after which point the county in 1 which the receiving township is located shall provide services 2 pursuant to subsection 1. 3 3. A county may allow another entity to provide fire 4 protection services to a township in an unincorporated area of 5 the county. Such township may be removed from an emergency 6 response district only after the county and the entity 7 providing fire protection services enter into an agreement for 8 such services. 9 4. Fire protection service and emergency medical service 10 that is not provided through an emergency response district 11 established as required by subsection 1 shall be paid from the 12 emergency services fund of the county as authorized in section 13 331.424C. 14 Sec. 40. Section 331.424C, Code 2026, is amended to read as 15 follows: 16 331.424C Emergency services fund. 17 A county that is providing fire protection service or 18 emergency medical service to a township pursuant to section 19 331.385 shall establish an emergency services fund and may 20 certify taxes for levy in the township not to exceed the 21 amounts authorized in section 359.43 , Code 2026 . The county 22 has the authority to use a portion of the taxes levied and 23 deposited in the fund for the purpose of accumulating moneys to 24 carry out the purposes of section 359.43, subsection 4 . 25 Sec. 41. Section 357B.5, subsection 1, Code 2026, is amended 26 to read as follows: 27 1. Upon petition of a number of registered voters residing 28 in a district at least equal to thirty-five percent of the 29 property taxpayers in the district, the board of supervisors 30 may dissolve a benefited fire district and dispose of any 31 remaining property, the proceeds of which shall first be 32 applied against any outstanding obligation of the district. 33 Any remaining balance shall be applied as a tax credit for 34 the property owners of the district. However, except as 35 -17- LSB 5918XC (1) 91 js/jh 17/ 66