Bill Text: IA HF683 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the establishment of emergency response districts and fire departments.(Formerly HF 248.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2021-03-29 - Subcommittee: Brown, Bisignano, and Schultz. S.J. 711. [HF683 Detail]
Download: Iowa-2021-HF683-Introduced.html
House
File
683
-
Introduced
HOUSE
FILE
683
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HF
248)
A
BILL
FOR
An
Act
relating
to
the
establishment
of
emergency
response
1
districts
and
fire
departments.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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683
Section
1.
Section
357J.1,
Code
2021,
is
amended
to
read
as
1
follows:
2
357J.1
Authorization
and
purpose.
3
1.
This
chapter
authorizes
a
pilot
project
for
which
a
4
county
of
the
state
may
establish
an
the
establishment
of
5
emergency
response
district
districts
.
6
2.
The
purpose
of
this
chapter
is
to
provide
a
county
within
7
the
state
an
opportunity
to
participate
in
a
pilot
project
8
having
a
new
governance
structure
to
facilitate
the
delivery
9
and
funding
of
fire
protection
service
and
emergency
medical
10
service
to
residents
of
the
county.
do
all
of
the
following:
11
a.
Serve
a
public
use
and
promote
the
health,
safety,
12
prosperity,
security,
and
general
welfare
of
the
citizens
13
of
emergency
response
districts
by
preventing
or
reducing
14
duplication,
overlap,
and
fragmentation
of
the
functions
and
15
facilities
of
special
districts.
16
b.
Better
serve
the
citizens
of
the
state
through
17
consolidation.
18
c.
Reduce
costs
and
increase
efficiency
of
operation.
19
Sec.
2.
Section
357J.2,
Code
2021,
is
amended
to
read
as
20
follows:
21
357J.2
Definitions.
22
As
used
in
this
chapter
,
unless
the
context
otherwise
23
requires:
24
1.
“Board”
means
the
board
of
supervisors
of
a
county.
25
2.
1.
“Commission”
means
a
governing
body
composed
of
a
26
member
of
the
board
of
supervisors,
the
sheriff,
and
the
mayor
27
from
each
city
within
the
district.
A
member
of
the
commission
28
shall
not
appoint
a
designee
to
serve
on
the
commission
in
the
29
member’s
capacity
or
designee
of
each
governmental
entity
that
30
is
a
member
of
the
emergency
response
district
.
31
3.
2.
“District”
means
an
emergency
response
district
area
.
32
3.
“Governmental
entity”
means
a
county,
city,
or
township.
33
Sec.
3.
Section
357J.3,
Code
2021,
is
amended
by
striking
34
the
section
and
inserting
in
lieu
thereof
the
following:
35
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357J.3
Notification
of
public
hearing.
1
1.
Each
governmental
entity
intending
to
participate
in
2
an
emergency
response
district
shall
issue
a
notice
of
intent
3
to
hold
a
public
hearing
concerning
the
establishment
of
a
4
proposed
district.
The
hearing
shall
not
be
held
until
at
5
least
thirty
days
after
the
notice
is
issued
but
not
more
than
6
ninety
days
after
the
notice
is
issued.
7
2.
Notice
required
under
subsection
1
shall
include
all
of
8
the
following
information:
9
a.
A
statement
explaining
the
need
for
fire
protection
10
service
or
emergency
medical
service.
11
b.
The
geographic
boundaries
of
the
district.
12
c.
The
approximate
number
of
families
in
the
district.
13
d.
The
proposed
personnel,
equipment,
and
facilities
to
14
provide
the
fire
protection
services
or
emergency
medical
15
services.
16
e.
The
date,
time,
and
location
of
the
public
hearing.
17
Sec.
4.
Section
357J.4,
Code
2021,
is
amended
to
read
as
18
follows:
19
357J.4
District
——
boundary
changes.
20
1.
The
boundary
lines
of
a
district
may
include
any
21
incorporated
or
unincorporated
areas
within
a
county
.
22
2.
a.
The
boundary
lines
of
a
district
shall
not
be
changed
23
after
the
district
is
established
except
as
provided
in
this
24
subsection
.
25
a.
b.
The
boundary
lines
of
a
district
shall
be
changed
and
26
shall
become
effective
immediately
upon
approval
of
all
of
the
27
following:
28
(1)
The
the
commission
and
each
governmental
entity
29
currently
participating
in
the
emergency
response
district
.
30
(2)
The
board
of
township
trustees
of
the
area
proposed
to
31
be
included
or
excluded
from
the
district.
32
(3)
The
district
fire
chief.
33
(4)
The
assistant
fire
chief
who
is
responsible
for
delivery
34
of
fire
protection
service
and
emergency
medical
service
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within
the
area
proposed
to
be
excluded
from
the
district,
if
1
applicable.
2
(5)
The
fire
chief
of
a
fire
department
in
the
area
proposed
3
to
be
included
in
the
district,
if
applicable.
4
b.
The
boundary
lines
of
a
district
shall
be
changed
to
5
exclude
a
city
or
the
unincorporated
areas
of
a
township
if
the
6
commission
receives
a
written
request
from
the
governing
body
7
of
the
city
or
the
board
of
township
trustees,
as
applicable,
8
requesting
exclusion
from
the
district.
However,
a
boundary
9
change
under
this
paragraph
shall
become
effective
no
earlier
10
than
eighteen
months
following
receipt
of
the
written
request.
11
Sec.
5.
NEW
SECTION
.
357J.19
Dissolution
of
district.
12
Incorporation
documents
of
an
emergency
response
district
13
shall
include
provisions
for
dissolution,
the
withdrawal
of
an
14
individual
participant
in
the
emergency
response
district,
and
15
the
dispensing
of
property
in
the
case
of
either
event.
16
Sec.
6.
Section
364.16,
Code
2021,
is
amended
to
read
as
17
follows:
18
364.16
Municipal
fire
protection.
19
1.
Each
city
shall
provide
for
the
protection
of
life
and
20
property
against
fire
and
may
establish,
house,
equip,
staff,
21
uniform,
and
maintain
a
fire
department.
A
city
may
establish
22
fire
limits
and
may,
consistent
with
code
standards
promulgated
23
by
nationally
recognized
fire
prevention
agencies,
regulate
the
24
storage,
handling,
use,
and
transportation
of
all
flammables,
25
combustibles,
and
explosives
within
the
corporate
limits
and
26
inspect
for
and
abate
fire
hazards.
27
2.
A
city
may
provide
conditions
upon
which
the
fire
28
department
will
answer
calls
outside
the
corporate
limits
or
29
the
territorial
jurisdiction
and
boundary
limits
of
this
state.
30
A
city
has
the
same
governmental
immunity
outside
its
corporate
31
limits
when
providing
fire
protection
as
when
operating
within
32
the
corporate
limits.
Fire
fighters
operating
equipment
on
33
calls
outside
the
corporate
limits
are
entitled
to
the
benefits
34
of
chapter
410
or
411
when
otherwise
qualified.
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3.
Notwithstanding
subsection
1,
a
city
in
which
an
1
institution
of
higher
education
governed
by
the
state
board
2
of
regents
is
located
shall
establish,
house,
equip,
staff,
3
uniform,
and
maintain
a
full-time,
professional
fire
department
4
that
is
separate
from
the
city’s
police
department.
5
Sec.
7.
REPEAL.
Sections
357J.5,
357J.6,
357J.7,
357J.8,
6
357J.9,
and
357J.14,
Code
2021,
are
repealed.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
relates
to
the
establishment
of
emergency
response
11
districts
and
fire
departments.
12
Current
law
creates
a
pilot
project
authorizing
a
county
to
13
establish
an
emergency
response
district
within
the
county.
14
A
commission
composed
of
a
member
of
the
county
board
of
15
supervisors,
the
county
sheriff,
and
the
mayor
from
each
16
city
within
the
district
is
responsible
for
governing
the
17
district
and
no
member
may
appoint
a
designee
to
serve
on
the
18
commission.
Current
law
allows
certain
boards
of
supervisors
19
to
call
for
the
creation
of
an
emergency
response
district
20
and
notify
the
state
fire
marshal’s
office
if
a
motion
to
21
form
a
district
has
been
adopted.
Upon
the
approval
of
a
22
district,
an
appointed
civil
engineer
or
the
county
engineer
23
is
required
to
submit
a
preliminary
plat
exhibiting
certain
24
details
of
the
district
and
a
subsequent
report.
Current
law
25
also
requires
the
district
fire
chief
to
appoint
an
assistant
26
fire
chief
for
each
existing
fire
department
and
station
within
27
the
district
who
shall
be
responsible
for
delivery
of
fire
28
protection
service
and
emergency
medical
service
within
the
29
areas
designated
by
the
commission.
30
The
bill
repeals
the
pilot
program
and
authorizes
a
31
governmental
entity,
as
defined
in
the
bill,
to
establish
an
32
emergency
response
district.
The
bill
amends
the
definition
of
33
“commission”
to
mean
a
member
or
designee
of
each
governmental
34
entity
participating
in
the
emergency
response
district.
The
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bill
requires
each
governmental
entity
intending
to
participate
1
in
an
emergency
response
district
to
issue
a
notice
of
intent
2
to
hold
a
public
hearing
concerning
the
establishment
of
3
a
proposed
district
and
provide
certain
information
with
4
such
notice.
The
bill
requires
a
hearing
concerning
the
5
establishment
of
a
proposed
district
to
occur
no
less
than
30
6
days
and
no
more
than
90
days
after
the
notice
is
issued.
The
7
bill
amends
the
process
for
changing
district
boundaries
to
8
require
the
approval
of
the
commission
and
each
governmental
9
entity
that
is
a
member
of
the
emergency
response
district.
10
The
bill
requires
incorporation
documents
of
an
emergency
11
response
district
to
include
provisions
for
dissolution,
the
12
withdrawal
of
an
individual
member,
and
the
dispensing
of
13
property
in
either
event.
The
bill
repeals
provisions
relating
14
to
the
engineer’s
responsibilities
and
the
appointment
of
15
assistant
fire
chiefs.
16
The
bill
requires
a
city
in
which
an
institution
of
higher
17
education
governed
by
the
state
board
of
regents
is
located
18
to
establish,
house,
equip,
staff,
uniform,
and
maintain
a
19
full-time,
professional
fire
department
that
is
separate
from
20
the
city’s
police
department.
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