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Senate File 231 - IntroducedA Bill ForAn Act 1providing for unified fire and emergency service
2departments.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 28E.33 Unified fire department —
2requirements.
31. For purposes of this section, “largest city” means the
4city that is the largest city by population that is a party to
5an agreement under this section as of the most recent decennial
6census as of the date the agreement became effective.
72. Notwithstanding any provision of this chapter to the
8contrary, cities that provide fire protection services and
9emergency medical services may enter into an agreement under
10this chapter to establish a unified fire department under
11this section to provide fire protection and emergency medical
12service protection subject to the requirements of this section.
13To establish a unified fire department under this section,
14at least one city entering into the agreement must employ
15full-time employees.
163. Except as otherwise provided pursuant to this section,
17the inclusion of a city in a unified fire department shall not
18affect the prior establishment of a civil service system under
19chapter 400 or a pension or retirement system under chapters
2097B, 410, or 411.
214. An agreement to establish a unified fire department
22under this section shall be subject to all of the following
23requirements:
24a. The agreement shall specify that the largest city shall
25be deemed the employer for employees of the unified fire
26department.
27b. An employee of a city other than the largest city
28entering an agreement shall be granted full employment rights
29in the unified fire department based on all similar prior
30service by that employee.
31c. (1) If at least one city entering the agreement is
32subject to chapter 400, the civil service commission for the
33largest city subject to chapter 400 shall serve as the civil
34service commission for the unified fire department, and all
35employees of the unified fire department shall be subject to
-1-1the requirements established for employees under chapter 400.
2(2) An employee who was either not previously subject to the
3requirements of chapter 400 or subject to the requirements of
4chapter 400 for a city other than the largest city shall, for
5purposes of chapter 400, be granted full civil service rights
6pursuant to section 400.7 at the time the employee becomes
7subject to the requirements of chapter 400 for the unified fire
8department based on all similar prior full-time service by that
9employee either for a city not subject to the requirements of
10chapter 400 or subject to the requirements of chapter 400 for a
11city other than the largest city.
12d. The retirement system under either chapter 411 or 97B
13in which the largest city participates as of the date the
14agreement creating the unified fire department became effective
15shall be the retirement system for the unified fire department.
16Employees of the unified fire department shall, for service for
17the unified fire department on or after the date the agreement
18became effective, be members of that retirement system.
19 Sec. 2. Section 97B.49B, subsection 1, paragraph e,
20subparagraph (2), Code 2019, is amended to read as follows:
21(2) A marshal in a city not covered under chapter 400, or a
22fire fighter or police officer of a city not participating in
23the retirement systems established in chapter 410 or 411, or a
24fire fighter of a unified fire department established pursuant
25to section 28E.33 that does not participate in the retirement
26system established in chapter 411 pursuant to section 28E.33,
27subsection 4, paragraph “d”.
28 Sec. 3. Section 411.2, subsection 1, Code 2019, is amended
29to read as follows:
301. Except as provided in subsections 2 through 5 6,
31each city in which the fire fighters or police officers are
32appointed under the civil service law of this state, and each
33unified fire department established pursuant to section 28E.33
34that participates pursuant to section 28E.33, subsection 4,
35paragraph “d”, shall participate in the retirement system
-2-1established by this chapter for the purpose of providing
2retirement allowances only for fire fighters or police
3officers, or both, of the cities who are so appointed after the
4date the city comes under the retirement system, or benefits to
5their dependents.
6 Sec. 4. Section 411.2, Code 2019, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 6. A city that has a paid fire department
9and that is under the retirement system established by this
10chapter that becomes a party to an agreement to establish a
11unified fire department established pursuant to section 28E.33
12shall not have fire fighters of the unified fire department
13come under this chapter as of the date the city becomes a party
14to the agreement if the unified fire department participates in
15the retirement system established in chapter 97B pursuant to
16section 28E.33, subsection 4, paragraph “d”.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to the creation of a unified fire
21department under Code chapter 28E to provide fire protection
22services and emergency medical services.
23The bill provides for the authority to establish a unified
24fire department and provides requirements for the establishment
25of a unified fire department. The bill authorizes cities
26that provide fire protection services and emergency medical
27services to enter into an agreement to establish a unified fire
28department. The bill requires that at least one such city must
29employ full-time employees.
30The bill provides that the largest city that is a party to
31the agreement shall be deemed the employer for employees of the
32unified fire department. An employee of a city other than the
33largest city shall be granted full employment rights in the
34unified fire department based on all similar prior service by
35that employee.
-3- 1The bill provides that the civil service commission for
2the largest city subject to city civil service requirements
3shall serve as the civil service commission for the unified
4fire department if at least one city entering the agreement is
5subject to city civil services requirements. All employees
6of such a unified fire department shall be subject to city
7civil services requirements. An employee who was either
8not previously subject to city civil services requirements
9or subject to city civil services requirements for a city
10other than the largest city shall, for purposes of city civil
11services requirements, be granted full civil service rights at
12the time the employee becomes subject to city civil services
13requirements for the unified fire department based on all
14similar prior full-time service by that employee either for a
15city not subject to city civil services requirements or subject
16to city civil services requirements for a city other than the
17largest city.
18The bill provides that the retirement system under either
19Code chapter 411 or 97B in which the largest city participates
20as of the date the agreement became effective shall be the
21retirement system for the unified fire department. Employees
22of the unified fire department shall, for service for the
23unified fire department on or after the date the agreement
24became effective, be members of that retirement system.
25The bill defines “largest city” as the city that is the
26largest city by population that is a party to an agreement
27to establish a unified fire department as of the most recent
28decennial census as of the date the agreement became effective.
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2departments.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 28E.33 Unified fire department —
2requirements.
31. For purposes of this section, “largest city” means the
4city that is the largest city by population that is a party to
5an agreement under this section as of the most recent decennial
6census as of the date the agreement became effective.
72. Notwithstanding any provision of this chapter to the
8contrary, cities that provide fire protection services and
9emergency medical services may enter into an agreement under
10this chapter to establish a unified fire department under
11this section to provide fire protection and emergency medical
12service protection subject to the requirements of this section.
13To establish a unified fire department under this section,
14at least one city entering into the agreement must employ
15full-time employees.
163. Except as otherwise provided pursuant to this section,
17the inclusion of a city in a unified fire department shall not
18affect the prior establishment of a civil service system under
19chapter 400 or a pension or retirement system under chapters
2097B, 410, or 411.
214. An agreement to establish a unified fire department
22under this section shall be subject to all of the following
23requirements:
24a. The agreement shall specify that the largest city shall
25be deemed the employer for employees of the unified fire
26department.
27b. An employee of a city other than the largest city
28entering an agreement shall be granted full employment rights
29in the unified fire department based on all similar prior
30service by that employee.
31c. (1) If at least one city entering the agreement is
32subject to chapter 400, the civil service commission for the
33largest city subject to chapter 400 shall serve as the civil
34service commission for the unified fire department, and all
35employees of the unified fire department shall be subject to
-1-1the requirements established for employees under chapter 400.
2(2) An employee who was either not previously subject to the
3requirements of chapter 400 or subject to the requirements of
4chapter 400 for a city other than the largest city shall, for
5purposes of chapter 400, be granted full civil service rights
6pursuant to section 400.7 at the time the employee becomes
7subject to the requirements of chapter 400 for the unified fire
8department based on all similar prior full-time service by that
9employee either for a city not subject to the requirements of
10chapter 400 or subject to the requirements of chapter 400 for a
11city other than the largest city.
12d. The retirement system under either chapter 411 or 97B
13in which the largest city participates as of the date the
14agreement creating the unified fire department became effective
15shall be the retirement system for the unified fire department.
16Employees of the unified fire department shall, for service for
17the unified fire department on or after the date the agreement
18became effective, be members of that retirement system.
19 Sec. 2. Section 97B.49B, subsection 1, paragraph e,
20subparagraph (2), Code 2019, is amended to read as follows:
21(2) A marshal in a city not covered under chapter 400, or a
22fire fighter or police officer of a city not participating in
23the retirement systems established in chapter 410 or 411, or a
24fire fighter of a unified fire department established pursuant
25to section 28E.33 that does not participate in the retirement
26system established in chapter 411 pursuant to section 28E.33,
27subsection 4, paragraph “d”.
28 Sec. 3. Section 411.2, subsection 1, Code 2019, is amended
29to read as follows:
301. Except as provided in subsections 2 through 5 6,
31each city in which the fire fighters or police officers are
32appointed under the civil service law of this state, and each
33unified fire department established pursuant to section 28E.33
34that participates pursuant to section 28E.33, subsection 4,
35paragraph “d”, shall participate in the retirement system
-2-1established by this chapter for the purpose of providing
2retirement allowances only for fire fighters or police
3officers, or both, of the cities who are so appointed after the
4date the city comes under the retirement system, or benefits to
5their dependents.
6 Sec. 4. Section 411.2, Code 2019, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 6. A city that has a paid fire department
9and that is under the retirement system established by this
10chapter that becomes a party to an agreement to establish a
11unified fire department established pursuant to section 28E.33
12shall not have fire fighters of the unified fire department
13come under this chapter as of the date the city becomes a party
14to the agreement if the unified fire department participates in
15the retirement system established in chapter 97B pursuant to
16section 28E.33, subsection 4, paragraph “d”.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to the creation of a unified fire
21department under Code chapter 28E to provide fire protection
22services and emergency medical services.
23The bill provides for the authority to establish a unified
24fire department and provides requirements for the establishment
25of a unified fire department. The bill authorizes cities
26that provide fire protection services and emergency medical
27services to enter into an agreement to establish a unified fire
28department. The bill requires that at least one such city must
29employ full-time employees.
30The bill provides that the largest city that is a party to
31the agreement shall be deemed the employer for employees of the
32unified fire department. An employee of a city other than the
33largest city shall be granted full employment rights in the
34unified fire department based on all similar prior service by
35that employee.
-3- 1The bill provides that the civil service commission for
2the largest city subject to city civil service requirements
3shall serve as the civil service commission for the unified
4fire department if at least one city entering the agreement is
5subject to city civil services requirements. All employees
6of such a unified fire department shall be subject to city
7civil services requirements. An employee who was either
8not previously subject to city civil services requirements
9or subject to city civil services requirements for a city
10other than the largest city shall, for purposes of city civil
11services requirements, be granted full civil service rights at
12the time the employee becomes subject to city civil services
13requirements for the unified fire department based on all
14similar prior full-time service by that employee either for a
15city not subject to city civil services requirements or subject
16to city civil services requirements for a city other than the
17largest city.
18The bill provides that the retirement system under either
19Code chapter 411 or 97B in which the largest city participates
20as of the date the agreement became effective shall be the
21retirement system for the unified fire department. Employees
22of the unified fire department shall, for service for the
23unified fire department on or after the date the agreement
24became effective, be members of that retirement system.
25The bill defines “largest city” as the city that is the
26largest city by population that is a party to an agreement
27to establish a unified fire department as of the most recent
28decennial census as of the date the agreement became effective.
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