Senate Study Bill 3113 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WEBSTER) A BILL FOR An Act relating to the provision of law enforcement services 1 by agreement between counties and cities, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6103XC (5) 91 ms/js
S.F. _____ DIVISION I 1 AGREEMENT FOR LAW ENFORCEMENT SERVICES 2 Section 1. Section 28E.30, Code 2026, is amended to read as 3 follows: 4 28E.30 Agreement for law enforcement administrative services. 5 1. A county and a city within the county may enter into 6 an agreement to provide administrative or law enforcement 7 services through the county sheriff to the city for its police 8 department. In addition to other provisions required by this 9 chapter , the agreement shall specify the administrative or 10 law enforcement services to be provided by the sheriff and 11 the administrative or supervisory relationship between the 12 sheriff and the mayor and city council. The agreement is 13 subject to the approval of the county sheriff. The sheriff 14 may accept compensation for of no more than one hundred five 15 percent of the actual cost of providing the administrative or 16 law enforcement services provided to the city, which specified 17 in the agreement. The agreement shall itemize the actual 18 costs of providing law enforcement or administrative services, 19 including but not limited to labor costs, equipment costs, and 20 transportation costs. The agreement may be made to allow for 21 a rate set by hour, per call, or by any other method otherwise 22 agreed to. This compensation is in addition to the sheriff’s 23 compensation authorized under section 331.907 . The additional 24 compensation shall not be included in computing the total 25 annual compensation of the sheriff pursuant to section 331.904, 26 subsection 2 . 27 2. If a city has contracted with the county sheriff to 28 provide law enforcement services to the city pursuant to this 29 section, the sheriff shall enforce city ordinances. 30 3. Two or more cities may enter into an agreement to provide 31 law enforcement or administrative services pursuant to this 32 section. 33 Sec. 2. Section 331.653, Code 2026, is amended by adding the 34 following new subsection: 35 -1- LSB 6103XC (5) 91 ms/js 1/ 6
S.F. _____ NEW SUBSECTION . 16. Carry out duties the sheriff has 1 contracted to provide to any city pursuant to an agreement 2 under section 28E.30. 3 DIVISION II 4 LAW ENFORCEMENT SERVICES —— COST COMPARISON REPORTS 5 Sec. 3. NEW SECTION . 364.26 Law enforcement services —— 6 cost comparison report. 7 1. a. Cities with a police department and a population 8 equal to or less than six thousand, according to the most 9 recent federal decennial census, shall produce and submit a 10 cost comparison report to the department of management by 11 December 31, 2026, and by December 31 of each year thereafter 12 in which a federal decennial census occurs. 13 b. (1) The report shall compare the costs between operating 14 a police department, contracting with another city for law 15 enforcement services, and contracting with the county for law 16 enforcement services. The cost comparison shall include but is 17 not limited to the following: 18 (a) Structure costs. 19 (b) Equipment costs. 20 (c) Labor costs, including benefits and training. 21 (d) Insurance costs. 22 (2) If the study shows that contracting for law enforcement 23 services is more cost-effective, the city shall submit to the 24 voters at the next general election in an odd-numbered year the 25 question of whether the city shall contract for those services. 26 The city council shall call a public hearing on the proposal 27 following the notice requirements pursuant to section 362.3 28 and shall follow statutory procedures for placing a measure on 29 the ballot. If a majority of the voters voting on the measure 30 approve it, an agreement shall be entered into and effective 31 by July 1 of the next calendar year. If the voters do not 32 approve the measure, no changes are required. An agreement 33 shall include a plan for the transfer of current city police 34 department employees and officers, the transfer of applicable 35 -2- LSB 6103XC (5) 91 ms/js 2/ 6
S.F. _____ benefits, the transfer of equipment and structures, and a 1 cost-sharing agreement. Any employee or officer who is not 2 transferred to another agency through this proposal shall be 3 given a hiring preference at any other city or county law 4 enforcement agency for one year from the last day of employment 5 with the employee’s or officer’s current department if that 6 individual is applying for a similar role and is in good 7 disciplinary standing with the current department. However, 8 the preference shall not be construed to supersede or replace 9 any existing collective bargaining agreements. 10 (3) If a measure is required to be submitted to voters 11 under this section, the city shall create an agreement pursuant 12 to section 28E.30 to contract for law enforcement services 13 to be effective only if the measure is approved. The city 14 shall present and discuss this contract at all required public 15 meetings regarding the measure. 16 (4) All of the following information for the ballot measure 17 shall be printed on the ballot: 18 (a) The current total law enforcement budget and the 19 estimated total law enforcement budget if the measure were to 20 be approved. 21 (b) The estimated property tax difference for law 22 enforcement service if the measure were to be approved. 23 2. If at any time a city that has entered into an agreement 24 in compliance with subsection 1 of this section has an average 25 five-year crime rate that is higher than the state’s average 26 crime rate for the same time period, as determined by the 27 department of public safety, that city may establish its 28 own police department, notwithstanding any report and cost 29 comparison data. 30 DIVISION III 31 EFFECTIVE DATE 32 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 33 importance, takes effect upon enactment. 34 EXPLANATION 35 -3- LSB 6103XC (5) 91 ms/js 3/ 6
S.F. _____ The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 Under current law, Code section 28E.30 allows a county and 3 cities within the county to enter into an agreement to provide 4 administrative services through the county sheriff to the 5 city for its police department. Code section 28E.30 requires 6 the agreement to specify the administrative services to be 7 provided by the sheriff, and the administrative or supervisory 8 relationship between the sheriff and the mayor and city 9 council. Under Code section 28E.30, the sheriff may accept 10 compensation in addition to the compensation authorized under 11 Code section 331.907. This additional compensation shall not 12 be included in computing the total annual compensation of the 13 sheriff pursuant to Code section 331.904. 14 This bill authorizes a sheriff to provide law enforcement 15 services to a city and limits the additional compensation a 16 sheriff providing services to a city may accept. The sheriff 17 shall not earn more than 105 percent of the actual cost of 18 providing administrative or law enforcement services, as 19 specified in the agreement. The agreement shall itemize the 20 actual costs of providing law enforcement or administrative 21 services, including but not limited to labor costs, equipment 22 costs, and transportation costs. The agreement may be made to 23 allow for a rate set by hour, per call, or by any other method 24 otherwise agreed to. The bill also allows two or more cities 25 to enter into an agreement to provide law enforcement services. 26 The bill specifies that if a sheriff is providing services to 27 a city under an agreement pursuant to Code section 28E.30, the 28 sheriff must enforce city ordinances. 29 In addition, the bill provides that cities with a police 30 department and a population equal to or less than 6,000, 31 according to the most recent federal decennial census, shall 32 produce and submit a cost comparison report to the department 33 of management by December 31, 2026, and by December 31 of each 34 year thereafter in which a federal decennial census occurs. 35 -4- LSB 6103XC (5) 91 ms/js 4/ 6
S.F. _____ The report shall compare the costs for the city to maintain 1 its own police department, the costs for the city to contract 2 with another city for law enforcement, and the costs for the 3 city to contract with the county for law enforcement. The 4 cost comparison must include at least the following costs: 5 structure costs, equipment costs, labor costs including 6 benefits and training, and insurance costs. 7 If the study shows that contracting for law enforcement 8 services is more cost-effective, the city shall submit to the 9 voters at the next general election in an odd-numbered year the 10 question of whether the city shall contract for the services. 11 The city council shall call a public hearing on the proposal 12 following the notice requirements pursuant to Code section 13 362.3 and shall follow statutory procedures for placing a 14 measure on the ballot. If a majority of the voters voting on 15 the measure approve it, an agreement shall be entered into and 16 effective on or before July 1 of the next calendar year. If 17 the voters do not approve the measure, no changes are required. 18 An agreement shall include a plan for the transfer of current 19 city police department employees and officers, the transfer of 20 applicable benefits, the transfer of equipment and structures, 21 and a cost-sharing agreement. 22 If any employee or officer is not transferred to another 23 agency through the agreement, the officer or employee shall 24 be given a hiring preference at any other city or county law 25 enforcement agency for one year from the last day of employment 26 with the officer’s or employee’s current department, as long 27 as the individual is applying for a similar role and is in good 28 disciplinary standing with the current department. However, 29 the preference shall not be construed to supersede or replace 30 any existing collective bargaining agreements. 31 If a measure is required to be submitted to voters, the city 32 shall create an agreement pursuant to Code section 28E.30 to 33 contract for law enforcement services to be effective only if 34 the measure is approved. The city shall present and discuss 35 -5- LSB 6103XC (5) 91 ms/js 5/ 6
S.F. _____ this contract at all required public meetings regarding the 1 measure. The following information for the ballot measure 2 shall be printed on the ballot: (1) the current total law 3 enforcement budget and estimated total law enforcement budget 4 if the measure were to be approved, and (2) the estimated 5 property tax difference for law enforcement services if the 6 measure were to be approved. 7 If at any time a city that has entered into an agreement in 8 compliance with Code section 364.26(1) has an average five-year 9 crime rate that is higher than the state’s average crime rate 10 for the same period, as determined by the department of public 11 safety, that city may establish its own police department, 12 notwithstanding any report and cost-saving data. 13 The bill takes effect upon enactment. 14 -6- LSB 6103XC (5) 91 ms/js 6/ 6