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House File 2319 - IntroducedA Bill ForAn Act 1relating to the creation and administration of emergency
2response districts.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 357J.1, Code 2020, is amended to read as
2follows:
3357J.1 Authorization and purpose.
41. This chapter authorizes a pilot project for which a
5county of the state may establish an the establishment of
6 emergency response district districts.
72. The purpose of this chapter is to provide a county within
8the state an opportunity to participate in a pilot project
9having a new governance structure to facilitate the delivery
10and funding of fire protection service and emergency medical
11service to residents of the county. do all of the following:
12a. Serve a public use and promote the health, safety,
13prosperity, security, and general welfare of the citizens
14of emergency response districts by preventing or reducing
15duplication, overlapping, and fragmentation of the functions
16and facilities of special districts.
17b. Better serve the citizens of the state through
18consolidation.
19c. Reduce costs and increase efficiency of operation.
20 Sec. 2. Section 357J.2, Code 2020, is amended by adding the
21following new subsections:
22 NEW SUBSECTION. 1A. “Board of trustees” means the board
23of trustees of a township.
24 NEW SUBSECTION. 2A. “Council” means a city council of a
25city.
26 NEW SUBSECTION. 4. “Governmental entity” means a county,
27city, or township.
28 Sec. 3. Section 357J.2, subsections 2 and 3, Code 2020, are
29amended to read as follows:
302. “Commission” means a governing body composed of a member
31of the board of supervisors, the sheriff, and the mayor from
32each city within the district. A member of the commission
33shall not appoint a designee to serve on the commission in the
34member’s capacity or designee of each governmental entity that
35is a member of the emergency response district.
-1- 13. “District” means an emergency response district area.
2 Sec. 4. Section 357J.3, Code 2020, is amended by striking
3the section and inserting in lieu thereof the following:
4357J.3 Notification of public hearing.
51. Each governmental entity intending to participate in
6an emergency response district shall issue a notice of intent
7to hold a public hearing concerning the establishment of a
8proposed district. The hearing shall not be held until at
9least thirty days after the notice is issued but not more than
10ninety days after the notice is issued.
112. Notice required under subsection 1 shall include all of
12the following information:
13a. A statement explaining the need for fire protection
14service or emergency medical service.
15b. The geographic boundaries of the district.
16c. The approximate number of families in the district.
17d. The proposed personnel, equipment, and facilities to
18provide the fire protection services or emergency medical
19services.
20e. The date, time, and location of the public hearing.
21 Sec. 5. Section 357J.4, Code 2020, is amended to read as
22follows:
23357J.4 District — boundary changes.
241. The boundary lines of a district may include any
25incorporated or unincorporated areas within a county.
262. a. The boundary lines of a district shall not be changed
27after the district is established except as provided in this
28subsection.
29a. b. The boundary lines of a district shall be changed and
30shall become effective immediately upon approval of all of the
31following:
32(1) The the commission and each governmental entity
33currently participating in the emergency response district.
34(2) The board of township trustees of the area proposed to
35be included or excluded from the district.
-2- 1(3) The district fire chief.
2(4) The assistant fire chief who is responsible for delivery
3of fire protection service and emergency medical service
4within the area proposed to be excluded from the district, if
5applicable.
6(5) The fire chief of a fire department in the area proposed
7to be included in the district, if applicable.
8b. The boundary lines of a district shall be changed to
9exclude a city or the unincorporated areas of a township if the
10commission receives a written request from the governing body
11of the city or the board of township trustees, as applicable,
12requesting exclusion from the district. However, a boundary
13change under this paragraph shall become effective no earlier
14than eighteen months following receipt of the written request.
15 Sec. 6. NEW SECTION. 357J.19 Dissolution of district.
16Incorporation documents of an emergency response district
17shall include provisions for dissolution, the withdrawal of an
18individual participant in the emergency response district, and
19the dispensing of property in the case of either event.
20 Sec. 7. REPEAL. Sections 357J.5, 357J.6, 357J.7, 357J.8,
21357J.9, and 357J.14, Code 2020, are repealed.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to the creation and administration of
26emergency response districts.
27Current law creates a pilot project authorizing a county to
28establish an emergency response district within the county.
29A commission composed of a member of the county board of
30supervisors, the county sheriff, and the mayor from each
31city within the district is responsible for governing the
32district and no member may appoint a designee to serve on the
33commission. Current law allows certain boards of supervisors
34to call for the creation of an emergency response district
35and notify the state fire marshal’s office if a motion to
-3-1form a district has been adopted. Upon the approval of a
2district, an appointed civil engineer or the county engineer
3is required to submit a preliminary plat exhibiting certain
4details of the district and a subsequent report. Current law
5also requires the district fire chief to appoint an assistant
6fire chief for each existing fire department and station within
7the district who shall be responsible for delivery of fire
8protection service and emergency medical service within the
9areas designated by the commission.
10The bill repeals the pilot program and authorizes a
11governmental entity, as defined in the bill, to establish an
12emergency response district. The bill amends the definition of
13“commission” to mean a member or designee of each governmental
14entity participating in the emergency response district. The
15bill requires each governmental entity intending to participate
16in an emergency response district to issue a notice of intent
17to hold a public hearing concerning the establishment of
18a proposed district and provide certain information with
19such notice. The bill requires a hearing concerning the
20establishment of a proposed district to occur no less than 30
21days and no more than 90 days after the notice is issued. The
22bill amends the process for changing district boundaries to
23require the approval of the commission and each governmental
24entity that is a member of the emergency response district.
25The bill requires incorporation documents of an emergency
26response district to include provisions for dissolution, the
27withdrawal of an individual member, and the dispensing of
28property in either event. The bill repeals provisions relating
29to the engineer’s responsibilities and the appointment of
30assistant fire chiefs.
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2response districts.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 357J.1, Code 2020, is amended to read as
2follows:
3357J.1 Authorization and purpose.
41. This chapter authorizes a pilot project for which a
5county of the state may establish an the establishment of
6 emergency response district districts.
72. The purpose of this chapter is to provide a county within
8the state an opportunity to participate in a pilot project
9having a new governance structure to facilitate the delivery
10and funding of fire protection service and emergency medical
11service to residents of the county. do all of the following:
12a. Serve a public use and promote the health, safety,
13prosperity, security, and general welfare of the citizens
14of emergency response districts by preventing or reducing
15duplication, overlapping, and fragmentation of the functions
16and facilities of special districts.
17b. Better serve the citizens of the state through
18consolidation.
19c. Reduce costs and increase efficiency of operation.
20 Sec. 2. Section 357J.2, Code 2020, is amended by adding the
21following new subsections:
22 NEW SUBSECTION. 1A. “Board of trustees” means the board
23of trustees of a township.
24 NEW SUBSECTION. 2A. “Council” means a city council of a
25city.
26 NEW SUBSECTION. 4. “Governmental entity” means a county,
27city, or township.
28 Sec. 3. Section 357J.2, subsections 2 and 3, Code 2020, are
29amended to read as follows:
302. “Commission” means a governing body composed of a member
31of the board of supervisors, the sheriff, and the mayor from
32each city within the district. A member of the commission
33shall not appoint a designee to serve on the commission in the
34member’s capacity or designee of each governmental entity that
35is a member of the emergency response district.
-1- 13. “District” means an emergency response district area.
2 Sec. 4. Section 357J.3, Code 2020, is amended by striking
3the section and inserting in lieu thereof the following:
4357J.3 Notification of public hearing.
51. Each governmental entity intending to participate in
6an emergency response district shall issue a notice of intent
7to hold a public hearing concerning the establishment of a
8proposed district. The hearing shall not be held until at
9least thirty days after the notice is issued but not more than
10ninety days after the notice is issued.
112. Notice required under subsection 1 shall include all of
12the following information:
13a. A statement explaining the need for fire protection
14service or emergency medical service.
15b. The geographic boundaries of the district.
16c. The approximate number of families in the district.
17d. The proposed personnel, equipment, and facilities to
18provide the fire protection services or emergency medical
19services.
20e. The date, time, and location of the public hearing.
21 Sec. 5. Section 357J.4, Code 2020, is amended to read as
22follows:
23357J.4 District — boundary changes.
241. The boundary lines of a district may include any
25incorporated or unincorporated areas within a county.
262. a. The boundary lines of a district shall not be changed
27after the district is established except as provided in this
28subsection.
29a. b. The boundary lines of a district shall be changed and
30shall become effective immediately upon approval of all of the
31following:
32(1) The the commission and each governmental entity
33currently participating in the emergency response district.
34(2) The board of township trustees of the area proposed to
35be included or excluded from the district.
-2- 1(3) The district fire chief.
2(4) The assistant fire chief who is responsible for delivery
3of fire protection service and emergency medical service
4within the area proposed to be excluded from the district, if
5applicable.
6(5) The fire chief of a fire department in the area proposed
7to be included in the district, if applicable.
8b. The boundary lines of a district shall be changed to
9exclude a city or the unincorporated areas of a township if the
10commission receives a written request from the governing body
11of the city or the board of township trustees, as applicable,
12requesting exclusion from the district. However, a boundary
13change under this paragraph shall become effective no earlier
14than eighteen months following receipt of the written request.
15 Sec. 6. NEW SECTION. 357J.19 Dissolution of district.
16Incorporation documents of an emergency response district
17shall include provisions for dissolution, the withdrawal of an
18individual participant in the emergency response district, and
19the dispensing of property in the case of either event.
20 Sec. 7. REPEAL. Sections 357J.5, 357J.6, 357J.7, 357J.8,
21357J.9, and 357J.14, Code 2020, are repealed.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to the creation and administration of
26emergency response districts.
27Current law creates a pilot project authorizing a county to
28establish an emergency response district within the county.
29A commission composed of a member of the county board of
30supervisors, the county sheriff, and the mayor from each
31city within the district is responsible for governing the
32district and no member may appoint a designee to serve on the
33commission. Current law allows certain boards of supervisors
34to call for the creation of an emergency response district
35and notify the state fire marshal’s office if a motion to
-3-1form a district has been adopted. Upon the approval of a
2district, an appointed civil engineer or the county engineer
3is required to submit a preliminary plat exhibiting certain
4details of the district and a subsequent report. Current law
5also requires the district fire chief to appoint an assistant
6fire chief for each existing fire department and station within
7the district who shall be responsible for delivery of fire
8protection service and emergency medical service within the
9areas designated by the commission.
10The bill repeals the pilot program and authorizes a
11governmental entity, as defined in the bill, to establish an
12emergency response district. The bill amends the definition of
13“commission” to mean a member or designee of each governmental
14entity participating in the emergency response district. The
15bill requires each governmental entity intending to participate
16in an emergency response district to issue a notice of intent
17to hold a public hearing concerning the establishment of
18a proposed district and provide certain information with
19such notice. The bill requires a hearing concerning the
20establishment of a proposed district to occur no less than 30
21days and no more than 90 days after the notice is issued. The
22bill amends the process for changing district boundaries to
23require the approval of the commission and each governmental
24entity that is a member of the emergency response district.
25The bill requires incorporation documents of an emergency
26response district to include provisions for dissolution, the
27withdrawal of an individual member, and the dispensing of
28property in either event. The bill repeals provisions relating
29to the engineer’s responsibilities and the appointment of
30assistant fire chiefs.
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