SSB 3113 (LSB 6103XC (5) 91)

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 by agreement between counties and cities, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
AGREEMENT FOR LAW ENFORCEMENT SERVICES

    Section 1.  Section 28E.30, Code 2026, is amended to read as follows:
   28E.30  Agreement for law enforcement administrative services.
   1.  A county and a city within the county may enter into an agreement to provide administrative or law enforcement services through the county sheriff to the city for its police department. In addition to other provisions required by this chapter, the agreement shall specify the administrative or law enforcement services to be provided by the sheriff and the administrative or supervisory relationship between the sheriff and the mayor and city council. The agreement is subject to the approval of the county sheriff. The sheriff may accept compensation for of no more than one hundred five percent of the actual cost of providing the administrative or law enforcement services provided to the city, which specified in the agreement. The agreement shall itemize the actual costs of providing law enforcement or administrative services, including but not limited to labor costs, equipment costs, and transportation costs. The agreement may be made to allow for a rate set by hour, per call, or by any other method otherwise agreed to. This compensation is in addition to the sheriff’s compensation authorized under section 331.907. The additional compensation shall not be included in computing the total annual compensation of the sheriff pursuant to section 331.904, subsection 2.
   2.  If a city has contracted with the county sheriff to provide law enforcement services to the city pursuant to this section, the sheriff shall enforce city ordinances.
   3.  Two or more cities may enter into an agreement to provide law enforcement or administrative services pursuant to this section.
    Sec. 2.  Section 331.653, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  16.  Carry out duties the sheriff has contracted to provide to any city pursuant to an agreement under section 28E.30.
DIVISION II
LAW ENFORCEMENT SERVICES —— COST COMPARISON REPORTS

    Sec. 3.  NEW SECTION.  364.26  Law enforcement services —— cost comparison report.
   1.  a.  Cities with a police department and a population equal to or less than six thousand, according to the most recent federal decennial census, shall produce and submit a cost comparison report to the department of management by December 31, 2026, and by December 31 of each year thereafter in which a federal decennial census occurs.
   b.  (1)  The report shall compare the costs between operating a police department, contracting with another city for law enforcement services, and contracting with the county for law enforcement services. The cost comparison shall include but is not limited to the following:
   (a)  Structure costs.
   (b)  Equipment costs.
   (c)  Labor costs, including benefits and training.
   (d)  Insurance costs.
   (2)  If the study shows that contracting for law enforcement services is more cost-effective, the city shall submit to the voters at the next general election in an odd-numbered year the question of whether the city shall contract for those services. The city council shall call a public hearing on the proposal following the notice requirements pursuant to section 362.3 and shall follow statutory procedures for placing a measure on the ballot. If a majority of the voters voting on the measure approve it, an agreement shall be entered into and effective by July 1 of the next calendar year. If the voters do not approve the measure, no changes are required. An agreement shall include a plan for the transfer of current city police department employees and officers, the transfer of applicable benefits, the transfer of equipment and structures, and a cost-sharing agreement. Any employee or officer who is not transferred to another agency through this proposal shall be given a hiring preference at any other city or county law enforcement agency for one year from the last day of employment with the employee’s or officer’s current department if that individual is applying for a similar role and is in good disciplinary standing with the current department. However, the preference shall not be construed to supersede or replace any existing collective bargaining agreements.
   (3)  If a measure is required to be submitted to voters under this section, the city shall create an agreement pursuant to section 28E.30 to contract for law enforcement services to be effective only if the measure is approved. The city shall present and discuss this contract at all required public meetings regarding the measure.
   (4)  All of the following information for the ballot measure shall be printed on the ballot: 
   (a)  The current total law enforcement budget and the estimated total law enforcement budget if the measure were to be approved.
   (b)  The estimated property tax difference for law enforcement service if the measure were to be approved.
   2.  If at any time a city that has entered into an agreement in compliance with subsection 1 of this section has an average five-year crime rate that is higher than the state’s average crime rate for the same time period, as determined by the department of public safety, that city may establish its own police department, notwithstanding any report and cost comparison data.
DIVISION III
EFFECTIVE DATE

    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, Code section 28E.30 allows a county and cities within the county to enter into an agreement to provide administrative services through the county sheriff to the city for its police department. Code section 28E.30 requires the agreement to specify the administrative services to be provided by the sheriff, and the administrative or supervisory relationship between the sheriff and the mayor and city council. Under Code section 28E.30, the sheriff may accept compensation in addition to the compensation authorized under Code section 331.907. This additional compensation shall not be included in computing the total annual compensation of the sheriff pursuant to Code section 331.904.
   This bill authorizes a sheriff to provide law enforcement services to a city and limits the additional compensation a sheriff providing services to a city may accept. The sheriff shall not earn more than 105 percent of the actual cost of providing administrative or law enforcement services, as specified in the agreement. The agreement shall itemize the actual costs of providing law enforcement or administrative services, including but not limited to labor costs, equipment costs, and transportation costs. The agreement may be made to allow for a rate set by hour, per call, or by any other method otherwise agreed to. The bill also allows two or more cities to enter into an agreement to provide law enforcement services.
   The bill specifies that if a sheriff is providing services to a city under an agreement pursuant to Code section 28E.30, the sheriff must enforce city ordinances.
   In addition, the bill provides that cities with a police department and a population equal to or less than 6,000, according to the most recent federal decennial census, shall produce and submit a cost comparison report to the department of management by December 31, 2026, and by December 31 of each year thereafter in which a federal decennial census occurs.
   The report shall compare the costs for the city to maintain its own police department, the costs for the city to contract with another city for law enforcement, and the costs for the city to contract with the county for law enforcement. The cost comparison must include at least the following costs: structure costs, equipment costs, labor costs including benefits and training, and insurance costs.
   If the study shows that contracting for law enforcement services is more cost-effective, the city shall submit to the voters at the next general election in an odd-numbered year the question of whether the city shall contract for the services. The city council shall call a public hearing on the proposal following the notice requirements pursuant to Code section 362.3 and shall follow statutory procedures for placing a measure on the ballot. If a majority of the voters voting on the measure approve it, an agreement shall be entered into and effective on or before July 1 of the next calendar year. If the voters do not approve the measure, no changes are required. An agreement shall include a plan for the transfer of current city police department employees and officers, the transfer of applicable benefits, the transfer of equipment and structures, and a cost-sharing agreement.
   If any employee or officer is not transferred to another agency through the agreement, the officer or employee shall be given a hiring preference at any other city or county law enforcement agency for one year from the last day of employment with the officer’s or employee’s current department, as long as the individual is applying for a similar role and is in good disciplinary standing with the current department. However, the preference shall not be construed to supersede or replace any existing collective bargaining agreements.
   If a measure is required to be submitted to voters, the city shall create an agreement pursuant to Code section 28E.30 to contract for law enforcement services to be effective only if the measure is approved. The city shall present and discuss this contract at all required public meetings regarding the measure. The following information for the ballot measure shall be printed on the ballot: (1) the current total law enforcement budget and estimated total law enforcement budget if the measure were to be approved, and (2) the estimated property tax difference for law enforcement services if the measure were to be approved.
   If at any time a city that has entered into an agreement in compliance with Code section 364.26(1) has an average five-year crime rate that is higher than the state’s average crime rate for the same period, as determined by the department of public safety, that city may establish its own police department, notwithstanding any report and cost-saving data.
   The bill takes effect upon enactment.