Bill Text: IA HF2043 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the establishment, maintenance, and funding of emergency warning systems by townships and certain counties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-02-27 - Read first time, referred to Local Government. S.J. 421. [HF2043 Detail]
Download: Iowa-2013-HF2043-Introduced.html
House
File
2043
-
Introduced
HOUSE
FILE
2043
BY
HEARTSILL
A
BILL
FOR
An
Act
relating
to
the
establishment,
maintenance,
and
funding
1
of
emergency
warning
systems
by
townships
and
certain
2
counties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
331.385,
Code
2014,
is
amended
to
read
1
as
follows:
2
331.385
Powers
and
duties
relating
to
emergency
services.
3
1.
A
county
may,
by
resolution,
assume
the
exercise
of
4
the
powers
and
duties
of
township
trustees
relating
to
fire
5
protection
service
,
emergency
warning
systems,
and
emergency
6
medical
service
for
any
township
located
in
the
unincorporated
7
area
of
the
county.
8
2.
The
board
of
supervisors
shall
publish
notice
of
the
9
proposed
resolution,
and
of
a
public
hearing
to
be
held
on
the
10
proposed
resolution,
in
a
newspaper
of
general
circulation
11
in
the
county
at
least
ten
days
but
no
more
than
twenty
days
12
before
the
date
of
the
public
hearing.
If,
after
notice
and
13
hearing,
the
resolution
is
adopted,
the
board
of
supervisors
14
shall
assume
the
exercise
of
the
powers
and
duties
of
township
15
trustees
relating
to
fire
protection
service
,
emergency
warning
16
systems,
and
emergency
medical
service
as
set
forth
in
sections
17
359.42
through
359.45
.
18
3.
All
of
the
real
and
personal
township
property
used
to
19
provide
fire
protection
service
,
emergency
warning
systems,
or
20
emergency
medical
service
shall
be
transferred
to
the
county.
21
The
county
shall
assume
all
of
the
outstanding
obligations
of
22
the
township
relating
to
fire
protection
service
,
emergency
23
warning
systems,
or
emergency
medical
service.
If
the
township
24
provides
fire
protection
outside
of
the
county’s
boundaries,
25
the
county
shall
continue
to
provide
fire
protection
to
this
26
area
for
at
least
ninety
days
after
adoption
of
the
resolution.
27
4.
Fire
protection
service
,
emergency
warning
systems,
and
28
emergency
medical
service
shall
be
paid
from
the
emergency
29
services
fund
of
the
county
authorized
in
section
331.424C
.
30
5.
a.
Notwithstanding
subsection
1
,
if
as
of
July
1,
31
2006,
a
township
has
in
force
an
agreement
entered
into
32
pursuant
to
chapter
28E
for
a
city
or
another
township
to
33
provide
fire
protection
service
or
fire
protection
service
,
34
emergency
warning
systems,
and
emergency
medical
service
for
35
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the
township,
or
if
a
township
is
otherwise
contracting
with
1
a
city
or
another
township
for
provision
to
the
township
of
2
fire
protection
service
or
fire
protection
service
,
emergency
3
warning
systems,
and
emergency
medical
service,
the
county
4
board
of
supervisors
shall,
for
the
fiscal
year
beginning
5
July
1,
2007,
and
subsequent
fiscal
years,
negotiate
for
and
6
enter
into
an
agreement
pursuant
to
chapter
28E
providing
for
7
continued
fire
protection
service,
or
fire
protection
service
,
8
emergency
warning
systems,
and
emergency
medical
service,
to
9
the
township,
and
shall
certify
taxes
for
levy
in
the
township,
10
pursuant
to
section
331.424C
,
in
amounts
sufficient
to
meet
the
11
financial
obligations
pertaining
to
the
agreement.
12
b.
This
subsection
applies
to
a
county
with
a
population
13
in
excess
of
three
hundred
thousand.
This
subsection
does
not
14
prohibit
a
county
with
a
population
in
excess
of
three
hundred
15
thousand
from
also
assuming
the
powers
and
duties
of
township
16
trustees
in
accordance
with
the
provisions
of
subsections
1
17
through
4
,
for
those
townships
in
the
county
that
are
not
18
subject
to
paragraph
“a”
.
19
Sec.
2.
Section
331.424C,
Code
2014,
is
amended
to
read
as
20
follows:
21
331.424C
Emergency
services
fund.
22
1.
A
county
that
is
providing
fire
protection
service
,
23
emergency
warning
systems,
or
emergency
medical
service
to
24
a
township
pursuant
to
section
331.385
shall
establish
an
25
emergency
services
fund
and
may
certify
taxes
for
levy
in
26
the
township
not
to
exceed
the
amounts
authorized
in
section
27
359.43
.
The
county
has
the
authority
to
use
a
portion
of
28
the
taxes
levied
and
deposited
in
the
fund
for
the
purpose
29
of
accumulating
moneys
to
carry
out
the
purposes
of
section
30
359.43,
subsection
4
.
31
2.
Expenditures
related
to
emergency
warning
systems
shall
32
be
limited
to
procuring
equipment
and
services
in
accordance
33
with
the
comprehensive
emergency
plan
adopted
pursuant
to
34
section
29C.9,
subsection
8,
by
the
local
emergency
management
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commission
having
jurisdiction
within
the
county.
1
Sec.
3.
Section
359.42,
Code
2014,
is
amended
to
read
as
2
follows:
3
359.42
Township
fire
protection
service,
emergency
warning
4
system,
and
emergency
medical
service.
5
1.
Except
as
otherwise
provided
in
section
331.385
,
the
6
trustees
of
each
township
shall
provide
fire
protection
service
7
for
the
township,
exclusive
of
any
part
of
the
township
within
8
a
benefited
fire
district
and
may
provide
emergency
medical
9
service.
The
trustees
may
purchase,
own,
rent,
or
maintain
10
fire
protection
service
or
emergency
medical
service
apparatus
11
or
equipment
or
both
kinds
of
apparatus
or
equipment
and
12
provide
housing
for
the
equipment.
The
trustees
of
a
township
13
which
is
located
within
a
county
having
a
population
of
three
14
hundred
thousand
or
more
may
also
establish
and
maintain
an
15
emergency
warning
system
within
the
township.
The
trustees
16
may
contract
with
a
public
or
private
agency
under
chapter
28E
17
for
the
purpose
of
providing
any
service
or
system
required
or
18
authorized
under
this
section
.
19
2.
Expenditures
related
to
emergency
warning
systems
shall
20
be
limited
to
procuring
equipment
and
services
in
accordance
21
with
the
comprehensive
emergency
plan
adopted
pursuant
to
22
section
29C.9,
subsection
8,
by
the
local
emergency
management
23
commission
having
jurisdiction
within
the
township.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
allows
the
trustees
of
any
township
to
establish
28
and
maintain
an
emergency
warning
system
within
the
township.
29
Current
law
limits
the
establishment
and
maintenance
of
such
30
systems
to
the
trustees
of
townships
located
in
counties
with
a
31
population
of
300,000
or
more.
32
The
bill
also
allows
a
county,
by
resolution,
to
assume
the
33
powers
and
duties
of
township
trustees
relating
to
emergency
34
warning
systems
for
any
township
located
in
the
unincorporated
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area
of
the
county
in
the
same
manner
that
counties
are
1
currently
authorized
to
assume
township
duties
relating
to
fire
2
protection
and
emergency
medical
service.
3
The
bill
requires
that
county
and
township
expenditures
4
related
to
emergency
warning
systems
be
limited
to
procuring
5
equipment
and
services
in
accordance
with
the
comprehensive
6
emergency
plan
adopted
by
the
local
emergency
management
7
commission
that
has
jurisdiction
over
the
county
or
township.
8
The
bill
makes
additional
corresponding
changes.
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