Bill Text: IA SF570 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to emergency management services and emergency medical services and including applicability provisions.(Formerly SF 352, SF 41; See SF 2426.)

Spectrum: Committee Bill

Status: (Introduced) 2024-04-04 - Committee report approving bill, renumbered as SF 2426. S.J. 750. [SF570 Detail]

Download: Iowa-2023-SF570-Introduced.html
Senate File 570 - Introduced SENATE FILE 570 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 352) (SUCCESSOR TO SF 41) A BILL FOR An Act relating to emergency management services and emergency 1 medical services and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1120SZ (2) 90 md/jh
S.F. 570 Section 1. Section 29C.9, subsections 1, 2, 4, and 7, Code 1 2023, are amended to read as follows: 2 1. The county boards board of supervisors, city councils, 3 school districts, and the sheriff in each county shall 4 cooperate with the department to establish a commission to 5 carry out the provisions of this chapter . 6 2. a. The commission shall be composed of a member the 7 members of the board of supervisors, the sheriff, and the mayor 8 from each city located in whole or in part within the county , 9 and the president of the board of directors of each school 10 district for which the school district’s administrative office 11 is located in the county . In addition, the sheriff shall be a 12 nonvoting member who serves as the commission’s chairperson. 13 b. In any action taken by the commission, the members of 14 the board of supervisors shall constitute one voting unit, 15 the mayors of all cities in the county shall constitute one 16 voting unit, and the presidents of the school district boards 17 of directors shall constitute one voting unit, each unit having 18 a single vote and no action shall be valid except by the vote 19 of not less than two-thirds of the voting units. The majority 20 vote of the members present of each unit shall determine the 21 vote of the unit. 22 c. A commission member may designate an alternate to 23 represent the designated entity. For any activity relating 24 to section 29C.17, subsection 2 , 7, or 8 , or chapter 24 , 25 participation shall only be by a commission member or a 26 designated alternate that is an elected official from the same 27 designated entity . 28 d. Operations of the commission, except for activities 29 relating to chapter 24 or section 29C.17, subsection 2, 7, 30 or 8, or activities delegated under subsection 7, may be 31 undertaken by an executive committee consisting of one member 32 from each of the voting units. Executive committee members are 33 selected by membership of each voting unit. The sheriff shall 34 serve as president of the executive committee, but shall be 35 -1- LSB 1120SZ (2) 90 md/jh 1/ 8
S.F. 570 an advisory, nonvoting member. The executive committee shall 1 have the authority to call a commission meeting at any time and 2 shall call a commission meeting if either the governor issues a 3 proclamation of a state of disaster emergency in the county or 4 the president of the United States declares a major disaster 5 in the county. 6 4. For the purposes of this chapter , a commission is a 7 municipality as defined in section 670.1 and a municipality as 8 defined in section 24.2 . 9 7. The commission shall delegate to the emergency 10 management coordinator under section 29C.10 the authority to 11 fulfill the commission duties as described in the department’s 12 administrative rules. Each commission shall appoint a 13 local emergency management coordinator who shall meet the 14 qualifications specified in the administrative rules by the 15 director. Additional emergency management personnel may be 16 appointed at the discretion of the commission. 17 Sec. 2. Section 29C.10, subsection 1, Code 2023, is amended 18 to read as follows: 19 1. The commission shall appoint an emergency management 20 coordinator who shall serve at the pleasure of the commission, 21 shall be responsible for the development of the comprehensive 22 emergency plan, shall coordinate emergency planning 23 activities, and shall provide technical assistance to political 24 subdivisions comprising the commission. Appointment or removal 25 of an emergency management coordinator requires a unanimous 26 vote of all commission voting units and each voting unit must 27 approve the appointment or removal by a two-thirds majority. 28 Sec. 3. Section 29C.17, subsections 2, 3, and 6, Code 2023, 29 are amended to read as follows: 30 2. For purposes consistent with this chapter , the local 31 emergency management agency’s approved budget shall be funded 32 exclusively by one or any combination of the following options, 33 as determined by the commission: 34 a. A countywide special levy pursuant to section 331.424, 35 -2- LSB 1120SZ (2) 90 md/jh 2/ 8
S.F. 570 subsection 1 certified and levied by the commission at a rate 1 not to exceed thirty-five cents per one thousand dollars of 2 assessed value of taxable property to be used for the support 3 of the local emergency management agency, except for special 4 or unique services and operations, and a countywide additional 5 levy certified and levied by the commission at a rate not to 6 exceed one dollar per one thousand dollars of assessed value of 7 taxable property to be used only for special or unique services 8 and operations approved by the commission . “Special or unique 9 services and operations” means any of the following: 10 (1) Joint emergency response communications services 11 through an agreement entered into under chapter 28E, as 12 authorized in section 29C.9, subsection 6. 13 (2) Equipment of a countywide hazardous materials team. 14 (3) Equipment for a countywide community emergency response 15 team. 16 (4) Equipment for a countywide search, rescue, and recovery 17 team. 18 (5) Equipment for a countywide incident management support 19 team. 20 b. One or more of the following options: 21 (1) Per capita allocation funded from city and county 22 general funds or by a combination of city and county special 23 levies which may be apportioned among the member jurisdictions. 24 c. (2) An allocation computed as each jurisdiction’s 25 relative share of the total assessed valuation within the 26 county. 27 d. (3) A voluntary share allocation. 28 e. (4) Other funding sources allowed by law , excluding a 29 countywide levy . 30 3. A If a local emergency management agency is funded 31 under subsection 2, paragraph “b” , a political subdivision may 32 appropriate additional funds for the purpose of supporting 33 commission expenses relating to special or unique matters 34 extending beyond the resources of the agency. 35 -3- LSB 1120SZ (2) 90 md/jh 3/ 8
S.F. 570 6. Subject to chapter 24 , the commission shall adopt, 1 certify, and provide a budget, on or before February 28 of 2 each year, to the funding entities determined pursuant to 3 subsection 2 . The form of the budget shall be as prescribed 4 by the department of management. Any portion of a tax levied 5 by a county or city to support the local emergency management 6 agency shall be identified separately on tax statements issued 7 by the county treasurer. A tax levied by the commission under 8 subsection 2, paragraph “a” , shall be identified separately on 9 tax statements issued by the county treasurer. 10 Sec. 4. Section 29C.17, Code 2023, is amended by adding the 11 following new subsections: 12 NEW SUBSECTION . 7. If a commission is meeting the 13 financial obligations for implementation of its local emergency 14 management program and operation of the local emergency 15 management agency, the commission may reserve an amount 16 of unobligated and unencumbered funds, excluding amounts 17 reserved or obligated under the capital improvement plan under 18 subsection 8, for operations expenditure obligations in a 19 future fiscal year, not to exceed an amount equal to thirty 20 percent of the local emergency management agency’s approved 21 budget for the fiscal year. In addition, the commission 22 may reserve an amount not to exceed five percent of the 23 annual capital improvement budget for operations expenditure 24 obligations in a future fiscal year. 25 NEW SUBSECTION . 8. Each commission shall, as part of the 26 local emergency management agency’s budgeting process, adopt 27 a capital improvement plan that identifies large expenditures 28 or capital improvement projects and the funding sources 29 and financing of such projects for at least the subsequent 30 five fiscal years. Amounts reserved or obligated under a 31 capital improvement plan are not subject to the reserve amount 32 limitation under subsection 7. The local emergency management 33 agency’s annual budgeting process shall include evaluation 34 of the activities undertaken and the progress made under the 35 -4- LSB 1120SZ (2) 90 md/jh 4/ 8
S.F. 570 capital improvement plan. 1 Sec. 5. Section 331.424, subsection 1, paragraph a, 2 subparagraph (9), Code 2023, is amended to read as follows: 3 (9) The maintenance and operation of a local emergency 4 management agency established pursuant to chapter 29C , unless 5 the agency is funded under section 29C.17, subsection 2, 6 paragraph “a” . 7 Sec. 6. Section 384.12, subsection 21, Code 2023, is amended 8 to read as follows: 9 21. A tax for the support maintenance and operation of 10 a local emergency management commission agency established 11 pursuant to chapter 29C , unless the agency is funded under 12 section 29C.17, subsection 2, paragraph “a” . 13 Sec. 7. Section 422D.6, subsection 3, Code 2023, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . i. Salaries and benefits of emergency 16 medical care providers, as defined in section 147A.1. 17 Sec. 8. APPLICABILITY. This Act applies to budgets for 18 property taxes due and payable in fiscal years beginning on or 19 after July 1, 2024. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 Under Code section 29C.17, a local emergency management 24 agency’s approved budget is funded by one or any combination 25 of several funding options, as determined by the local 26 emergency management commission, including a countywide 27 special levy pursuant to Code section 331.424(1) under the 28 county’s supplemental property tax levy authority in an amount 29 sufficient to pay for the maintenance and operation of the 30 local emergency management agency. This bill authorizes the 31 local emergency management commission to certify and levy the 32 countywide special levy for the support of the agency at a rate 33 not to exceed $0.35 per $1,000 of assessed value and limits 34 the county’s authority to certify such a levy if the agency is 35 -5- LSB 1120SZ (2) 90 md/jh 5/ 8
S.F. 570 being funded with the countywide levy under the bill. The bill 1 also limits a city’s authority to levy a tax under Code section 2 384.12(21) to support an emergency management agency if the 3 agency is being funded through the countywide levy under the 4 bill. 5 The bill also authorizes the local emergency management 6 commission to certify and levy a countywide additional levy 7 not to exceed $1.00 per $1,000 of assessed value for special 8 or unique services and operations, as defined in the bill, 9 approved by the commission. The bill also specifies that the 10 local emergency management commission is a municipality for 11 purposes of Code chapter 24 (local budgets). 12 Code section 29C.9 establishes the composition of each local 13 emergency management commission to be a member of the board 14 of supervisors, the sheriff, and the mayor from each city 15 within the county. The bill modifies the composition of each 16 commission to be the members of the board of supervisors, the 17 mayor from each city located in whole or in part within the 18 county, and the president of the board of directors of each 19 school district for which the school district’s administrative 20 office is located in the county. The bill also specifies that 21 the sheriff shall be a nonvoting member who serves as the 22 commission’s chairperson. 23 The bill specifies that in any action taken by the 24 commission, the members of the board of supervisors shall 25 constitute one voting unit, the mayors of all cities in the 26 county shall constitute one voting unit, and the presidents 27 of the school district boards of directors shall constitute 28 one voting unit. Each voting unit shall have a single vote 29 and no action shall be valid except by the vote of not less 30 than two-thirds of the voting units. The majority vote of the 31 members present of each unit determines the vote of the unit. 32 The bill also provides that operations of the commission, 33 except for certain budgeting activities, may be undertaken by 34 an executive committee consisting of one member from each of 35 -6- LSB 1120SZ (2) 90 md/jh 6/ 8
S.F. 570 the voting units. Executive committee members are selected 1 by membership of each voting unit. The sheriff serves as 2 president of the executive committee, but is an advisory, 3 nonvoting member. Under the bill, the executive committee 4 shall have the authority to call a commission meeting at any 5 time and is required to call a commission meeting if either the 6 governor issues a proclamation of a state of disaster emergency 7 in the county or the president of the United States declares a 8 major disaster in the county. 9 Code chapter 422D authorizes counties to impose a property 10 tax levy, an income surtax, or a combination of both taxes 11 within the county, excluding those areas within a benefited 12 emergency medical services district under Code chapter 357F, to 13 be used for specified emergency medical services costs, if the 14 taxes are approved at election. 15 The bill adds salaries and benefits of emergency medical 16 care providers, as defined in Code section 147A.1, to the 17 eligible expenditures from the county emergency medical 18 services trust fund under Code section 422D.6. 19 The bill also provides that if a commission is meeting 20 the financial obligations for implementation of its local 21 emergency management program and operation of the local 22 emergency management agency, the commission may reserve an 23 amount of unobligated and unencumbered funds, excluding amounts 24 reserved or obligated under the capital improvement plan, 25 as required under the bill, for expenditure obligations in 26 a future fiscal year, not to exceed an amount equal to 30 27 percent of the local emergency management agency’s approved 28 budget for the applicable fiscal year. In addition, the 29 bill allows the commission to reserve an amount not to 30 exceed 5 percent of the annual capital improvement budget for 31 operations expenditure obligations in a future fiscal year. 32 As part of the local emergency management agency’s budgeting 33 process, the bill requires the commission to adopt a capital 34 improvement plan that identifies large expenditures or capital 35 -7- LSB 1120SZ (2) 90 md/jh 7/ 8
S.F. 570 improvement projects and the funding sources and financing 1 of such projects. The local emergency management agency’s 2 annual budgeting process must also include evaluation of the 3 activities undertaken and the progress made under the capital 4 improvement plan. 5 The bill applies to budgets for property taxes due and 6 payable in fiscal years beginning on or after July 1, 2024. 7 -8- LSB 1120SZ (2) 90 md/jh 8/ 8
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