Print
Senate File 318 - IntroducedA Bill ForAn Act 1relating to operations of townships by requiring that
2townships provide emergency medical service, modifying
3provisions related to township cemeteries, and including
4applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 359.17, subsection 2, Code 2017, is
2amended to read as follows:
32. A board of township trustees shall give prior notice of
4a meeting to discuss, deliberate, or act upon a matter relating
5to the budget or a tax levy of the township or relating to
6the trustees’ duty to provide fire protection service and,
7if provided, emergency medical service, pursuant to section
8359.42. The trustees shall give notice of such meeting at
9least twenty-four hours preceding the commencement of the
10meeting. The notice shall state the time, date, and place
11of the meeting and the proposed agenda. The notice shall be
12provided to the county auditor who shall post the notice in an
13area of the courthouse where notices to the public are commonly
14posted.
15 Sec. 2. Section 359.31, Code 2017, is amended to read as
16follows:
17359.31 Power and control.
18They The board of township trustees shall control any such
19cemeteries, or appoint trustees for the same, or sell the same
20to any private corporation for cemetery purposes. The board of
21township trustees may contract with a public or private agency
22under chapter 28E or to establish a joint cemetery board under
23section 359.36 for the purposes of improving, maintaining, and
24supporting township cemeteries.
25 Sec. 3. Section 359.42, Code 2017, is amended to read as
26follows:
27359.42 Township fire protection service, emergency warning
28system, and emergency medical service.
291. Except as otherwise provided in section 331.385, the
30trustees of each township shall provide fire the following
31services for the township:
32a. Fireprotection service for the township, exclusive of
33any part of the township within a benefited fire district and
34may provide emergency medical service.
35b. Emergency medical service.
-1- 12. The trustees may purchase, own, rent, or maintain fire
2protection service or emergency medical service apparatus or
3equipment or both kinds of apparatus or equipment and provide
4housing for the equipment. The trustees of a township which
5is located within a county having a population of three
6hundred thousand or more may also establish and maintain an
7emergency warning system within the township. The trustees
8may contract with a public or private agency under chapter 28E
9for the purpose of providing any service or system required or
10authorized under this section.
11 Sec. 4. Section 359.49, subsection 2, Code 2017, is amended
12to read as follows:
132. By January 15 of each year, each township fire department
14in the township shall provide to the board of trustees a
15proposed budget showing all revenues and all expenses for
16emergency services for the next fiscal year. By January 15 of
17each year, each entity providing emergency medical service in
18the township shall provide to the board of trustees a proposed
19budget showing all revenues and all expenses for emergency
20medical service for the next fiscal year. By January 15 of
21each year, each township fire department, and each municipal
22fire department or other entity providing emergency services
23to a township, shall submit to the board of trustees a report
24detailing emergency services calls for the prior calendar year
25for the fire district and a copy of the fire report filed by
26the fire department with the state fire marshal’s office. For
27purposes of this subsection, “municipal” means relating to a
28city, county, township, benefited fire district, or chapter 28E
29agency authorized by law to provide emergency services.
30 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection
313, shall not apply to this Act.
32 Sec. 6. APPLICABILITY. This Act applies to fiscal years
33beginning on or after July 1, 2018.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-2-1the explanation’s substance by the members of the general assembly.
2This bill requires that a township provide emergency medical
3service within the township. Under current law, a township is
4required to provide fire protection service and is authorized,
5but not required, to provide emergency medical service. The
6bill also makes corresponding changes to provisions of law
7governing the township budgeting process.
8The bill specifies that each board of township trustees is
9authorized to contract with a public or private agency under
10Code chapter 28E (joint exercise of governmental powers) or to
11establish a joint cemetery board with a city council under Code
12section 359.36 for the purpose of improving, maintaining, and
13supporting township cemeteries.
14The bill may include a state mandate as defined in Code
15section 25B.3. The bill makes inapplicable Code section 25B.2,
16subsection 3, which would relieve a political subdivision from
17complying with a state mandate if funding for the cost of
18the state mandate is not provided or specified. Therefore,
19political subdivisions are required to comply with any state
20mandate included in the bill.
21The bill may cause a state agency or political subdivision to
22offer for sale to the public a service or product that competes
23with private enterprise.
24The bill applies to fiscal years beginning on or after July
251, 2018.
-3-md/jh/sc
2townships provide emergency medical service, modifying
3provisions related to township cemeteries, and including
4applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 359.17, subsection 2, Code 2017, is
2amended to read as follows:
32. A board of township trustees shall give prior notice of
4a meeting to discuss, deliberate, or act upon a matter relating
5to the budget or a tax levy of the township or relating to
6the trustees’ duty to provide fire protection service and,
7if provided, emergency medical service, pursuant to section
8359.42. The trustees shall give notice of such meeting at
9least twenty-four hours preceding the commencement of the
10meeting. The notice shall state the time, date, and place
11of the meeting and the proposed agenda. The notice shall be
12provided to the county auditor who shall post the notice in an
13area of the courthouse where notices to the public are commonly
14posted.
15 Sec. 2. Section 359.31, Code 2017, is amended to read as
16follows:
17359.31 Power and control.
18They The board of township trustees shall control any such
19cemeteries, or appoint trustees for the same, or sell the same
20to any private corporation for cemetery purposes. The board of
21township trustees may contract with a public or private agency
22under chapter 28E or to establish a joint cemetery board under
23section 359.36 for the purposes of improving, maintaining, and
24supporting township cemeteries.
25 Sec. 3. Section 359.42, Code 2017, is amended to read as
26follows:
27359.42 Township fire protection service, emergency warning
28system, and emergency medical service.
291. Except as otherwise provided in section 331.385, the
30trustees of each township shall provide fire the following
31services for the township:
32a. Fireprotection service for the township, exclusive of
33any part of the township within a benefited fire district and
34may provide emergency medical service.
35b. Emergency medical service.
-1- 12. The trustees may purchase, own, rent, or maintain fire
2protection service or emergency medical service apparatus or
3equipment or both kinds of apparatus or equipment and provide
4housing for the equipment. The trustees of a township which
5is located within a county having a population of three
6hundred thousand or more may also establish and maintain an
7emergency warning system within the township. The trustees
8may contract with a public or private agency under chapter 28E
9for the purpose of providing any service or system required or
10authorized under this section.
11 Sec. 4. Section 359.49, subsection 2, Code 2017, is amended
12to read as follows:
132. By January 15 of each year, each township fire department
14in the township shall provide to the board of trustees a
15proposed budget showing all revenues and all expenses for
16emergency services for the next fiscal year. By January 15 of
17each year, each entity providing emergency medical service in
18the township shall provide to the board of trustees a proposed
19budget showing all revenues and all expenses for emergency
20medical service for the next fiscal year. By January 15 of
21each year, each township fire department, and each municipal
22fire department or other entity providing emergency services
23to a township, shall submit to the board of trustees a report
24detailing emergency services calls for the prior calendar year
25for the fire district and a copy of the fire report filed by
26the fire department with the state fire marshal’s office. For
27purposes of this subsection, “municipal” means relating to a
28city, county, township, benefited fire district, or chapter 28E
29agency authorized by law to provide emergency services.
30 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection
313, shall not apply to this Act.
32 Sec. 6. APPLICABILITY. This Act applies to fiscal years
33beginning on or after July 1, 2018.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-2-1the explanation’s substance by the members of the general assembly.
2This bill requires that a township provide emergency medical
3service within the township. Under current law, a township is
4required to provide fire protection service and is authorized,
5but not required, to provide emergency medical service. The
6bill also makes corresponding changes to provisions of law
7governing the township budgeting process.
8The bill specifies that each board of township trustees is
9authorized to contract with a public or private agency under
10Code chapter 28E (joint exercise of governmental powers) or to
11establish a joint cemetery board with a city council under Code
12section 359.36 for the purpose of improving, maintaining, and
13supporting township cemeteries.
14The bill may include a state mandate as defined in Code
15section 25B.3. The bill makes inapplicable Code section 25B.2,
16subsection 3, which would relieve a political subdivision from
17complying with a state mandate if funding for the cost of
18the state mandate is not provided or specified. Therefore,
19political subdivisions are required to comply with any state
20mandate included in the bill.
21The bill may cause a state agency or political subdivision to
22offer for sale to the public a service or product that competes
23with private enterprise.
24The bill applies to fiscal years beginning on or after July
251, 2018.
-3-md/jh/sc