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
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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:
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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
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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
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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.
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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
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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.
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