Bill Text: IA HSB613 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing for unified fire and emergency service departments.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-01 - Subcommittee: Carlson, Highfill and Nielsen. H.J. 194. [HSB613 Detail]
Download: Iowa-2017-HSB613-Introduced.html
House
Study
Bill
613
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
HIGHFILL)
A
BILL
FOR
An
Act
providing
for
unified
fire
and
emergency
service
1
departments.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
28E.33
Unified
fire
department
——
1
requirements.
2
1.
Notwithstanding
any
provision
of
this
chapter
to
the
3
contrary,
cities
that
provide
fire
protection
service
and
4
emergency
medical
services
may
enter
into
an
agreement
under
5
this
chapter
to
establish
a
unified
fire
department
to
provide
6
fire
protection
and
emergency
medical
service
protection
7
subject
to
the
requirements
of
this
section.
To
establish
8
a
unified
fire
department
under
this
section,
at
least
one
9
city
entering
into
the
agreement
shall
be
subject
to
the
civil
10
service
system
under
chapter
400.
11
2.
Except
as
otherwise
provided
for
a
unified
fire
12
department
established
pursuant
to
an
agreement
under
this
13
section,
the
inclusion
of
a
city
in
a
unified
fire
department
14
shall
not
affect
the
prior
establishment
of
a
civil
service
15
system
under
chapter
400
or
a
pension
or
retirement
system
16
under
either
chapter
410
or
411.
17
3.
An
agreement
to
establish
a
unified
fire
department
under
18
this
section
shall
be
subject
to
the
following
requirements:
19
a.
The
agreement
shall
specify
that
the
city
having
the
20
largest
population
as
of
the
most
recent
decennial
census
at
21
the
time
of
the
agreement
shall
be
deemed
the
employer
for
22
employees
of
the
unified
fire
department
and
that
the
civil
23
service
commission
for
the
unified
fire
department
shall
be
the
24
civil
service
commission
established
for
that
city.
25
b.
Employees
of
the
unified
fire
department
shall
be
subject
26
to
the
requirements
established
for
employees
under
chapter
27
400.
28
c.
An
employee
of
the
unified
fire
department
who
was
not
29
previously
subject
to
the
requirements
of
chapter
400
prior
to
30
the
agreement
shall,
for
purposes
of
chapter
400,
be
granted
31
full
civil
service
rights
pursuant
to
section
400.7
at
the
time
32
the
employee
becomes
subject
to
the
requirements
of
chapter
400
33
based
on
all
similar
prior
service
by
that
employee
for
a
city
34
not
subject
to
the
requirements
of
chapter
400.
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Sec.
2.
Section
411.2,
subsection
1,
Code
2018,
is
amended
1
to
read
as
follows:
2
1.
Except
as
provided
in
subsections
2
through
5
6
,
3
each
city
in
which
the
fire
fighters
or
police
officers
are
4
appointed
under
the
civil
service
law
of
this
state,
shall
5
participate
in
the
retirement
system
established
by
this
6
chapter
for
the
purpose
of
providing
retirement
allowances
only
7
for
fire
fighters
or
police
officers,
or
both,
of
the
cities
8
who
are
so
appointed
after
the
date
the
city
comes
under
the
9
retirement
system,
or
benefits
to
their
dependents.
10
Sec.
3.
Section
411.2,
Code
2018,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
6.
A
fire
fighter
employed
by
a
unified
13
fire
department
established
pursuant
to
section
28E.33
shall
14
not
be
eligible
to
participate
in
the
retirement
system
under
15
this
chapter.
However,
a
fire
fighter
who
was
a
member
of
the
16
system
prior
to
the
date
the
agreement
creating
the
unified
17
fire
department
became
effective,
and
who
became
a
member
of
18
the
unified
fire
department
on
the
date
the
agreement
became
19
effective
for
the
city
employing
the
fire
fighter,
shall
remain
20
a
member
of
the
retirement
system.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
the
creation
of
a
unified
fire
25
department
under
Code
chapter
28E
to
provide
fire
protection
26
service
and
emergency
medical
services.
27
New
Code
section
28E.33
provides
for
the
authority
28
to
establish
a
unified
fire
department
and
establishes
29
requirements
for
the
establishment
of
a
unified
fire
30
department.
The
bill
requires
that
at
least
one
city
entering
31
into
the
agreement
to
create
the
unified
fire
department
shall
32
be
subject
to
the
civil
service
system
under
Code
chapter
400
33
and
provides
that
the
employer
and
civil
service
commission
34
applicable
to
the
unified
fire
department
shall
be
the
largest
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city
with
a
civil
service
commission
at
the
time
of
the
1
agreement.
The
bill
provides
that
employees
of
the
unified
2
fire
department
shall
be
subject
to
the
civil
service
system
3
under
Code
chapter
400
and
specifies
the
civil
service
rights
4
granted
to
employees
of
the
unified
fire
department
who
were
5
not
subject
to
Code
chapter
400
prior
to
the
creation
of
the
6
unified
fire
department.
7
Code
section
411.2,
concerning
participation
in
the
8
statewide
fire
and
police
retirement
system
established
under
9
Code
chapter
411,
is
amended
to
provide
that
a
fire
fighter
10
employed
by
a
unified
fire
department
shall
not
become
a
member
11
of
the
retirement
system
except
for
certain
fire
fighters
who
12
were
members
of
the
retirement
system
at
the
time
the
unified
13
fire
department
was
created.
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