Bill Text: IA SF2012 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act authorizing the imposition of certain charges for fire protection and emergency medical services. (See SF 2173.)
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-12 - Subcommittee, Jochum, Danielson, and Dix. S.J. 57. [SF2012 Detail]
Download: Iowa-2011-SF2012-Introduced.html
Senate
File
2012
-
Introduced
SENATE
FILE
2012
BY
HANCOCK
and
WILHELM
A
BILL
FOR
An
Act
authorizing
the
imposition
of
certain
charges
for
fire
1
protection
and
emergency
medical
services.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
331.385,
subsection
5,
paragraph
a,
Code
1
2011,
is
amended
to
read
as
follows:
2
a.
Notwithstanding
subsection
1
,
if
as
of
July
1,
2006,
a
3
township
has
in
force
an
agreement
entered
into
pursuant
to
4
chapter
28E
for
a
city
or
another
township
to
provide
fire
5
protection
service
or
fire
protection
service
and
emergency
6
medical
service
for
the
township,
or
if
a
township
is
otherwise
7
contracting
with
a
city
or
another
township
for
provision
to
8
the
township
of
fire
protection
service
or
fire
protection
9
service
and
emergency
medical
service,
the
county
board
of
10
supervisors
shall,
for
the
fiscal
year
beginning
July
1,
2007,
11
and
subsequent
fiscal
years,
negotiate
for
and
enter
into
an
12
agreement
pursuant
to
chapter
28E
providing
for
continued
fire
13
protection
service,
or
fire
protection
service
and
emergency
14
medical
service,
to
the
township,
and
shall
certify
taxes
15
for
levy
in
the
township
or
impose
service
charges,
or
both
,
16
pursuant
to
section
331.424C
,
in
amounts
sufficient
to
meet
the
17
financial
obligations
pertaining
to
the
agreement.
18
Sec.
2.
Section
331.424C,
Code
2011,
is
amended
to
read
as
19
follows:
20
331.424C
Emergency
services
fund.
21
A
county
that
is
providing
fire
protection
service
or
22
emergency
medical
service
to
a
township
pursuant
to
section
23
331.385
shall
establish
an
emergency
services
fund
and
may
24
certify
taxes
for
levy
in
the
township
or
may
impose
service
25
charges
for
such
services,
or
both.
The
taxes
levied
or
26
charges
imposed
shall
not
to
exceed
the
amounts
authorized
in
27
section
359.43
.
The
county
has
the
authority
to
use
a
portion
28
of
the
taxes
levied
or
charges
imposed
and
deposited
in
the
29
fund
for
the
purpose
of
accumulating
moneys
to
carry
out
the
30
purposes
of
section
359.43,
subsection
4
.
31
Sec.
3.
Section
357J.17,
Code
2011,
is
amended
to
read
as
32
follows:
33
357J.17
Transition
——
township
tax
and
service
charges
34
discontinued.
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When
the
boundary
lines
of
the
district
include
all
or
a
1
portion
of
a
township
and
the
district
has
certified
a
tax
levy
2
within
the
township
for
the
purpose
of
fire
protection
service
3
and
emergency
medical
service,
the
township
trustees
shall
no
4
longer
levy
the
tax
or
impose
the
service
charges
provided
5
by
section
359.43
in
that
portion
of
the
township
provided
6
services
by
the
district.
Any
indebtedness
incurred
for
the
7
purposes
of
sections
359.42
through
359.45
for
a
service
now
8
provided
by
the
district
shall
be
assumed
by
the
district.
9
Such
township
shall
not
be
responsible
for
providing
fire
10
protection
service
and
emergency
medical
service
as
provided
11
in
section
359.42
for
the
portion
of
the
township
within
the
12
district,
and
shall
have
no
liability
for
the
method,
manner,
13
or
means
by
which
the
district
provides
the
fire
protection
14
service
and
emergency
medical
service.
15
Sec.
4.
Section
359.43,
Code
2011,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
6.
a.
In
addition
to
or
in
lieu
of
the
18
property
tax
levies
authorized
in
this
section,
the
trustees
19
may
authorize
the
collection
of
any
of
the
following:
20
(1)
A
service
charge
for
fire
protection
service
from
the
21
property
owner
where
the
fire
protection
service
was
provided.
22
(2)
A
service
charge
for
emergency
medical
service
from
the
23
recipient
of
the
emergency
medical
service
or
from
the
parent
24
of
the
recipient
if
the
recipient
is
a
minor.
For
purposes
25
of
this
subsection,
“minor”
means
an
individual
who
is
under
26
eighteen
years
of
age
and
is
not
considered
by
law
to
be
an
27
adult,
and
“parent”
means
one
biological
or
adoptive
parent,
a
28
stepparent,
or
a
legal
guardian
or
custodian
of
the
minor.
29
b.
A
service
charge
collected
under
this
section
for
fire
30
protection
service
or
emergency
medical
service
shall
not
31
exceed
an
amount
equal
to
the
actual
expense
incurred
by
the
32
township
to
provide
the
service.
33
c.
The
state
fire
service
and
emergency
response
council
34
established
in
section
100B.1
shall
develop
guidelines
for
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townships
to
follow
when
authorizing
the
collection
of
service
1
charges
for
fire
protection
service
or
emergency
medical
2
service.
3
d.
If
the
trustees
contract
with
a
public
or
private
agency
4
under
chapter
28E
for
the
purpose
of
providing
fire
protection
5
service
or
emergency
medical
service,
the
public
or
private
6
agency
may
collect
the
service
charges
authorized
under
this
7
subsection
if
the
types
and
amounts
of
such
service
charges
are
8
specified
in
the
chapter
28E
agreement.
9
e.
(1)
If
a
service
charge
for
fire
protection
service
10
imposed
under
this
subsection
remains
unpaid
six
months
11
after
the
property
owner
was
notified
of
the
service
charge,
12
the
unpaid
amount
shall
constitute
a
lien
upon
the
property
13
where
such
service
was
provided.
The
lien
shall
have
equal
14
precedence
with
ordinary
taxes,
may
be
certified
to
the
county
15
treasurer
and
collected
in
the
same
manner
as
ordinary
taxes,
16
and
is
not
divested
by
a
judicial
sale.
17
(2)
If
a
service
charge
for
emergency
medical
service
18
imposed
under
this
subsection
remains
unpaid
six
months
after
19
the
recipient
of
the
service,
or
the
parent
of
the
recipient
if
20
the
recipient
is
a
minor,
was
notified
of
the
service
charge,
21
the
trustees
may
bring
a
civil
action
in
order
to
collect
the
22
amount
due.
The
civil
action
may
be
heard
by
the
district
23
court
sitting
in
small
claims
as
provided
in
chapter
631
unless
24
the
amount
due
exceeds
the
jurisdictional
amount
for
small
25
claims
set
forth
in
section
631.1.
26
Sec.
5.
Section
359.45,
Code
2011,
is
amended
to
read
as
27
follows:
28
359.45
Anticipatory
bonds.
29
Townships
may
anticipate
the
collection
of
taxes
or
service
30
charges
authorized
by
section
359.43
and
for
such
purposes
31
may
direct
the
county
board
of
supervisors
to
issue
bonds
32
under
sections
331.441
to
331.449
relating
to
essential
county
33
purpose
bonds
except
that
the
bonds
are
payable
only
from
tax
34
levies
on
property
subject
to
the
levy
under
section
359.43
or
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from
service
charges
collected
under
section
359.43
.
1
EXPLANATION
2
Current
Code
section
359.43
authorizes
townships
to
levy
3
property
taxes
for
providing
fire
protection
service
and
4
emergency
medical
service.
This
bill
authorizes
townships
to
5
collect
a
service
charge
for
providing
fire
protection
service
6
or
emergency
medical
service,
in
addition
to
or
in
lieu
of
such
7
property
taxes.
8
The
bill
provides
that
a
service
charge
for
fire
protection
9
service
is
charged
to
the
property
owner
where
such
service
10
was
provided
and
that
a
service
charge
for
emergency
medical
11
service
is
charged
to
the
recipient
of
the
emergency
medical
12
service
or
to
the
parent
of
the
recipient
if
the
recipient
is
a
13
minor.
The
bill
prohibits
the
township
from
imposing
a
service
14
charge
that
exceeds
an
amount
equal
to
the
actual
expense
15
incurred
by
the
township
to
provide
the
service.
The
bill
also
16
directs
the
state
fire
service
and
emergency
response
council
17
to
develop
guidelines
for
townships
to
follow
when
authorizing
18
the
collection
of
service
charges
for
fire
protection
service
19
or
emergency
medical
service.
20
If
a
township
contracts
with
a
public
or
private
agency
under
21
Code
chapter
28E
for
the
purpose
of
providing
fire
protection
22
service
or
emergency
medical
service,
the
public
or
private
23
agency
may
collect
the
service
charges
authorized
in
the
bill
24
if
the
types
and
amounts
of
such
service
charges
are
specified
25
in
the
Code
chapter
28E
agreement.
26
The
bill
provides
that
if
a
service
charge
for
fire
27
protection
service
remains
unpaid
six
months
after
the
property
28
owner
was
notified
of
the
service
charge,
the
unpaid
amount
29
constitutes
a
lien
upon
the
property
where
such
service
was
30
provided
and
may
be
collected
in
the
same
manner
as
ordinary
31
taxes.
The
bill
also
provides
that
if
a
service
charge
for
32
emergency
medical
service
remains
unpaid
six
months
after
the
33
recipient
of
the
service
or
the
parent
of
the
recipient,
if
34
applicable,
was
notified
of
the
service
charge,
the
trustees
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may
bring
a
civil
action
in
order
to
collect
the
amount
due.
1
The
bill
includes
the
fire
protection
and
emergency
medical
2
service
charges
authorized
in
the
bill
among
the
revenues
under
3
which
the
township
may
direct
the
issuance
of
anticipatory
4
revenue
bonds.
5
For
a
county
that
is
providing
fire
protection
service
6
or
emergency
medical
service
to
a
township
pursuant
to
Code
7
section
331.385,
the
bill
allows
that
county
to
impose
the
8
service
charges
that
the
bill
authorizes
for
townships.
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