Bill Text: IA SSB1091 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to certain emergency services provided by a city.(See SF 214, SF 2237.)
Spectrum: Committee Bill
Status: (Introduced) 2023-02-06 - Committee report approving bill, renumbered as SF 214. [SSB1091 Detail]
Download: Iowa-2023-SSB1091-Introduced.html
Senate
Study
Bill
1091
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
GREEN)
A
BILL
FOR
An
Act
relating
to
certain
emergency
services
provided
by
a
1
city.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
362.5,
subsection
3,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
The
payment
of
lawful
compensation
of
a
city
officer
,
3
volunteer
fire
fighter
as
defined
in
section
85.61,
emergency
4
medical
care
provider
as
defined
is
section
147A.1,
or
employee
5
holding
more
than
one
city
office
or
position,
the
holding
of
6
which
is
not
incompatible
with
another
public
office
or
is
7
not
prohibited
by
law.
This
section
shall
not
be
construed
8
to
prohibit
nominal
stipends,
compensation,
incentives,
or
9
benefits
for
volunteer
fire
fighters
or
emergency
medical
care
10
providers.
11
Sec.
2.
Section
372.13,
subsection
10,
Code
2023,
is
amended
12
to
read
as
follows:
13
10.
A
council
member,
during
the
term
for
which
that
member
14
is
elected,
is
not
precluded
from
holding
the
office
of
chief
15
of
the
volunteer
fire
department
or
from
serving
the
volunteer
16
fire
department
in
any
other
position
or
capacity.
A
person
17
holding
the
office
of
chief
of
such
a
volunteer
fire
department
18
at
the
time
of
the
person’s
election
to
the
city
council
may
19
continue
to
hold
the
office
of
chief
of
the
fire
department
20
during
the
city
council
term
for
which
that
person
was
elected
,
21
or
may
serve
as
chief
of
the
volunteer
fire
department
upon
22
a
majority
vote
of
the
council
.
A
council
member
who
is
a
23
candidate
for
the
position
of
chief
of
the
volunteer
fire
24
department
or
an
appointed
officer
position
shall
abstain
25
from
voting
upon
the
council
member’s
own
appointment
to
the
26
position.
27
Sec.
3.
Section
384.3,
Code
2023,
is
amended
to
read
as
28
follows:
29
384.3
General
fund.
30
1.
All
moneys
received
for
city
government
purposes
from
31
taxes
and
other
sources
must
be
credited
to
the
general
fund
32
of
the
city,
except
that
moneys
received
for
the
purposes
of
33
the
debt
service
fund,
the
trust
and
agency
funds,
the
capital
34
improvements
reserve
fund,
the
emergency
fund
,
and
other
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funds
established
by
state
law
must
be
deposited
as
otherwise
1
required
or
authorized
by
state
law.
All
moneys
received
by
2
a
city
from
the
federal
government
must
be
reported
to
the
3
department
of
management
,
who
shall
transmit
a
copy
to
the
4
legislative
services
agency.
5
2.
a.
A
city
may
establish
an
additional
fund
or
a
reserve
6
savings
account
to
pay
costs
associated
with
the
acquisition,
7
possession,
and
maintenance
of
major
equipment
for
police,
8
fire,
rescue,
or
emergency
medical
services.
Moneys
in
a
fund
9
or
account
established
under
this
paragraph
may
remain
in
the
10
fund
or
account
at
the
end
of
each
fiscal
year.
11
b.
If
a
city
has
established
an
additional
fund
or
a
reserve
12
savings
account
under
paragraph
“a”
and
has
received
a
payment,
13
award,
judgment,
or
insurance
settlement
for
damaged
police,
14
fire,
rescue,
or
emergency
medical
services
equipment
or
15
vehicles,
the
city
shall
deposit
the
moneys
into
the
relevant
16
fund
or
account
rather
than
into
the
general
fund
of
the
city.
17
However,
if
a
city
uses
moneys
from
its
general
fund
to
cover
18
costs
to
repair
or
replace
damaged
police,
fire,
rescue,
or
19
emergency
medical
services
equipment
or
vehicles,
the
city
20
may
deposit
into
its
general
fund
an
amount
received
from
the
21
payment,
award,
judgment,
or
insurance
settlement
that
is
equal
22
to
the
amount
used
from
the
general
fund.
The
city
shall
23
deposit
any
remaining
amount
received
from
the
payment,
award,
24
judgment,
or
insurance
settlement
into
the
relevant
fund
or
25
account
established
under
paragraph
“a”
.
26
c.
If
a
city
has
established
an
additional
fund
under
27
paragraph
“a”
,
moneys
remaining
in
the
fund
at
the
end
of
the
28
fiscal
year
may
be
deposited
into
a
reserve
savings
account.
29
Moneys
in
a
reserve
savings
account
shall
be
used
for
the
30
purpose
of
maintaining
or
acquiring
major
equipment
including
31
vehicles.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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This
bill
relates
to
certain
emergency
services
provided
by
1
a
city.
2
Current
law
generally
voids
a
contract
entered
into
by
a
city
3
officer
or
employee
if
the
officer
or
employee
has
an
interest,
4
direct
or
indirect,
in
the
contract
or
job
of
work
or
material
5
or
the
profits
thereof
or
services
to
be
furnished
or
performed
6
for
the
officer’s
or
employee’s
city.
The
bill
provides
that
7
this
provision
does
not
prohibit
the
lawful
compensation,
8
including
nominal
stipends,
incentives,
and
benefits,
for
a
9
volunteer
fire
fighter
or
emergency
medical
care
provider
10
holding
one
or
more
city
offices
or
positions
if
holding
the
11
office
or
position
is
not
incompatible
with
another
public
12
office
or
is
not
prohibited
by
law.
13
Current
law
allows
a
city
council
member,
during
the
term
14
for
which
the
member
is
elected,
to
serve
as
the
chief
of
a
15
volunteer
fire
department
or
serve
a
volunteer
fire
department
16
in
any
other
capacity.
A
person
holding
the
office
of
chief
of
17
such
a
volunteer
fire
department
at
the
time
of
the
person’s
18
election
to
the
city
council
may
continue
to
hold
the
office
of
19
chief
of
the
volunteer
fire
department
during
the
city
council
20
term
for
which
that
person
was
elected.
The
bill
allows
a
21
city
council
member
to
serve
as
chief
of
the
volunteer
fire
22
department
upon
a
majority
vote
of
the
council.
23
The
bill
provides
that
a
city
may
establish
a
fund
or
24
reserve
savings
account
to
pay
for
major
equipment
for
police,
25
fire,
rescue,
or
emergency
medical
services.
If
a
city
has
26
established
such
a
fund
or
account
and
has
received
a
payment,
27
award,
judgment,
or
insurance
settlement
for
damaged
police,
28
fire,
rescue,
or
emergency
medical
services
equipment
or
29
vehicles,
the
city
shall
deposit
the
moneys
into
the
relevant
30
fund
or
account
rather
than
into
the
general
fund
of
the
city.
31
However,
if
a
city
uses
moneys
from
its
general
fund
to
cover
32
costs
to
repair
or
replace
such
equipment
or
vehicles,
the
33
city
may
deposit
into
its
general
fund
an
amount
received
from
34
the
payment,
award,
judgment,
or
insurance
settlement
that
is
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equal
to
the
amount
used
from
the
general
fund.
The
city
shall
1
deposit
any
remaining
amount
received
into
the
relevant
fund
or
2
account.
Moneys
remaining
in
the
fund
at
the
end
of
the
fiscal
3
year
may
be
deposited
into
a
reserve
savings
account.
Moneys
4
in
a
reserve
savings
account
shall
be
used
for
the
purpose
of
5
maintaining
or
acquiring
major
equipment
including
vehicles.
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