Bill Text: IA SF2287 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act relating to emergency response services by authorizing the establishment of benefited emergency response districts. (Formerly SSB 3158.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2016-03-10 - Referred to State Government. S.J. 471. [SF2287 Detail]

Download: Iowa-2015-SF2287-Introduced.html
Senate File 2287 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON STATE
                                     GOVERNMENT

                                 (SUCCESSOR TO SSB
                                     3158)

                                      A BILL FOR

  1 An Act relating to emergency response services by authorizing
  2    the establishment of benefited emergency response districts.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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  1  1    Section 1.  Section 28E.31, subsection 4, Code 2016, is
  1  2 amended to read as follows:
  1  3    4.  For purposes of this section, "municipality" means a
  1  4 city, county, township, benefited fire district, benefited
  1  5 emergency response district, or agency formed under this
  1  6 chapter and authorized by law to provide emergency services.
  1  7    Sec. 2.  Section 28E.32, subsection 4, Code 2016, is amended
  1  8 to read as follows:
  1  9    4.  For purposes of this section, "municipality" means a
  1 10 city, county, township, benefited fire district, benefited
  1 11 emergency response district, or agency formed under this
  1 12 chapter and authorized by law to provide emergency services.
  1 13    Sec. 3.  Section 28I.1, Code 2016, is amended to read as
  1 14 follows:
  1 15    28I.1  Authority of governing bodies == joint commission.
  1 16    1.  The governing bodies of two or more adjoining cities,
  1 17 independently or together with the governing body or bodies of
  1 18 the county or counties within which such cities are located, or
  1 19 the governing bodies of two or more adjoining counties, or a
  1 20 county and its major city or cities, or the governing bodies
  1 21 of one or more counties together with the governing bodies
  1 22 of one or more cities adjoining such county or counties, or
  1 23 any of the above together with a school district, benefited
  1 24 water district, benefited fire district, benefited emergency
  1 25 response district, sanitary district, or any other similar
  1 26 district which may be formed under an Act of the legislature
  1 27 may cooperate in the creation of a joint planning commission
  1 28 which may be designated to be a regional or metropolitan
  1 29 planning commission, as agreed among the governing bodies.
  1 30 The governing bodies of cities, counties, school districts,
  1 31  or other governmental units may cooperate with the governing
  1 32 bodies of the cities and counties or other authorized governing
  1 33 bodies of any adjoining state or states in the creation of such
  1 34 a joint planning commission where such cooperation has been
  1 35 authorized by law by the adjoining state or states.
  2  1    2.  The joint planning commission shall be separate and
  2  2 apart from the governmental units creating it, may sue and be
  2  3 sued, contract for the purchase and sale of real and personal
  2  4 property necessary for its purposes, and shall be a juristic
  2  5 entity as the term is used in section 97C.2, subsection 6.
  2  6    Sec. 4.  Section 28I.7, Code 2016, is amended to read as
  2  7 follows:
  2  8    28I.7  Construction of provisions.
  2  9    Nothing in this chapter shall be construed to remove or
  2 10 limit the powers of the cooperating cities, counties, school
  2 11 districts, benefited water districts, benefited fire districts,
  2 12 benefited emergency response districts, sanitary districts, or
  2 13 similar districts as provided by state law. All legislative
  2 14 power with respect to zoning and other planning legislation
  2 15 shall remain with the governing body of the cooperative cities
  2 16 and counties. Each participating city or county may continue
  2 17 to have its own planning commission or board but may under the
  2 18 joint agreement and in the interest of economy and efficiency
  2 19 and in the interest of uniform standards and procedures,
  2 20 request the metropolitan or regional planning commission to
  2 21 assume duties and functions of local planning agencies in whole
  2 22 or in part. The metropolitan or regional planning commission
  2 23 shall have the duty and function of promoting public interest
  2 24 and understanding of the economic and social necessity for
  2 25 long=term coordinated planning for the metropolitan or regional
  2 26 area, but its official recommendations shall be made to the
  2 27 governing bodies of the cooperating cities, counties, school
  2 28 districts, benefited water districts, benefited fire districts,
  2 29 benefited emergency response districts, sanitary districts, or
  2 30 similar districts.
  2 31    Sec. 5.  Section 85.61, subsection 2, paragraph a, Code 2016,
  2 32 is amended to read as follows:
  2 33    a.  A person, firm, association, or corporation, state,
  2 34 county, municipal corporation, school corporation, area
  2 35 education agency, township as an employer of volunteer fire
  3  1 fighters and emergency medical care providers only, benefited
  3  2 fire district, benefited emergency response district, and the
  3  3 legal representatives of a deceased employer.
  3  4    Sec. 6.  Section 85.61, subsection 10, Code 2016, is amended
  3  5 to read as follows:
  3  6    10.  "Volunteer fire fighter" means any active member of
  3  7 an organized volunteer fire department in this state and any
  3  8 other person performing services as a volunteer fire fighter
  3  9 for a municipality, township or, benefited fire district, or
  3 10 benefited emergency response district at the request of the
  3 11 chief or other person in command of the fire department of
  3 12 the municipality, township or, benefited fire district, or
  3 13 benefited emergency response district, or of any other officer
  3 14 of the municipality, township or, benefited fire district,
  3 15 or benefited emergency response district having authority to
  3 16 demand such service, and who is not a full=time member of a
  3 17 paid fire department. A person performing such services shall
  3 18 not be classified as a casual employee.
  3 19    Sec. 7.  Section 100B.21, subsection 5, Code 2016, is amended
  3 20 to read as follows:
  3 21    5.  "Municipality" means a city, county, township, benefited
  3 22 fire district, benefited emergency response district, or agency
  3 23 authorized by law to provide emergency response services.
  3 24    Sec. 8.  Section 102.1, Code 2016, is amended to read as
  3 25 follows:
  3 26    102.1  Definition.
  3 27    As used in this chapter, "fire department" means the fire
  3 28 department of a city, township, or benefited fire district, or
  3 29 benefited emergency response district.
  3 30    Sec. 9.  Section 321.423, subsection 1, paragraph b, Code
  3 31 2016, is amended to read as follows:
  3 32    b.  "Fire department" means a paid or volunteer fire
  3 33 protection service provided by a benefited fire district or a
  3 34 benefited emergency response district under chapter 357B or by
  3 35 a county, municipality, or township, or a private corporate
  4  1 organization that has a valid contract to provide fire
  4  2 protection service for a benefited fire district, benefited
  4  3 emergency response district, county, municipality, township,
  4  4  or governmental agency.
  4  5    Sec. 10.  Section 357A.22A, Code 2016, is amended to read as
  4  6 follows:
  4  7    357A.22A  Rural fire protection program == liability.
  4  8    1.  A rural water district or rural water association
  4  9 incorporated under this chapter or chapter 504 shall establish
  4 10 a rural fire protection program which shall include, but is
  4 11 not limited to, providing access to designated soft=hose fill
  4 12 stations, providing annually or more often if necessary updated
  4 13 maps of soft=hose fill stations to all fire departments within
  4 14 the rural water service area, and sponsoring informational
  4 15 meetings for all fire departments and interested parties within
  4 16 the rural water service area for the purpose of reviewing
  4 17 locations of facilities, operational procedures, communication
  4 18 procedures and facilities, and procedures designed to
  4 19 coordinate efforts to enhance rural fire protection.
  4 20    2.  A rural water district or rural water association
  4 21 incorporated under this chapter or chapter 504 which provides
  4 22 water service to cities, benefited fire districts, benefited
  4 23 emergency response district, or townships shall not be liable
  4 24 for a claim against the district or association for failure to
  4 25 provide or maintain fire hydrants, facilities, or an adequate
  4 26 supply of water or water pressure for fire protection purposes
  4 27 if the purpose of the hydrants, facilities, or water used is
  4 28 not for fire protection.
  4 29    Sec. 11.  Section 357B.1, Code 2016, is amended to read as
  4 30 follows:
  4 31    357B.1  Benefited fire districts continued.
  4 32    1.  A benefited fire district established under this chapter
  4 33 prior to July 1, 1975 shall provide fire protection within its
  4 34 boundaries until it is dissolved as provided in section 357B.5.
  4 35 A benefited fire district shall not be established nor shall
  5  1 the territorial boundaries of an established benefited fire
  5  2 district be enlarged after June 30, 1975 except as provided in
  5  3 section 357B.7.
  5  4    2.  A benefited fire district established pursuant to this
  5  5 subchapter and in existence on July 1, 2016, may reorganize as
  5  6 a benefited emergency response district pursuant to subchapter
  5  7 II, and may choose to provide additional emergency response
  5  8 services, when authorized by a majority vote of the electors of
  5  9 the benefited fire district at an election held in compliance
  5 10 with section 357B.208, and called for that purpose upon notice
  5 11 given in the same manner as provided in section 357B.204.
  5 12    Sec. 12.  NEW SECTION.  357B.201  Definitions.
  5 13    For purposes of this subchapter, unless the context
  5 14 otherwise requires:
  5 15    1.  "Board" means the board of supervisors of a county.
  5 16    2.  "District" means a benefited emergency response district
  5 17 created under this chapter.
  5 18    3.  "Emergency response services" means fire protection
  5 19 services, emergency medical services, and other emergency
  5 20 services. "Emergency response services" does not include law
  5 21 enforcement.
  5 22    Sec. 13.  NEW SECTION.  357B.202  Hearing on petition.
  5 23    1.  The board shall, on the petition of ten percent of the
  5 24 resident property owners in a proposed district, hold a public
  5 25 hearing concerning the establishment of a proposed district.
  5 26 The petition shall include a statement containing the following
  5 27 information:
  5 28    a.  The proposed boundaries of the district to be served.
  5 29    b.  The approximate population in the district.
  5 30    c.  The personnel, equipment, and facilities proposed to
  5 31 provide the emergency response services.
  5 32    d.  The emergency response services the district will provide
  5 33 and the need for the services.
  5 34    2.  The board of supervisors may require a bond of the
  5 35 petitioners conditioned for the payment of all costs and
  6  1 expenses incurred in the proceedings in case the district is
  6  2 not established.
  6  3    Sec. 14.  NEW SECTION.  357B.203  Extent of the district.
  6  4    This chapter authorizes a district to include one or more
  6  5 adjoining townships or portions thereof and may include one
  6  6 or more cities or portions thereof adjacent to participating
  6  7 townships.
  6  8    Sec. 15.  NEW SECTION.  357B.204  Time and notice of hearing.
  6  9    The public hearing required in section 357B.202 shall be
  6 10 held within sixty days of the filing of the petition with the
  6 11 board.  Notice of the hearing shall be given by publication in
  6 12 two successive issues of any newspaper of general circulation
  6 13 within the district.  The last publication or posting shall not
  6 14 be less than one week before the proposed hearing.
  6 15    Sec. 16.  NEW SECTION.  357B.205  Action of the board.
  6 16    After, and within ten days of, the hearing, the board shall
  6 17 either establish the district by resolution or disallow the
  6 18 petition.
  6 19    Sec. 17.  NEW SECTION.  357B.206  Engineer.
  6 20    1.  When the board establishes a district, the board shall
  6 21 appoint a competent disinterested civil engineer, who shall
  6 22 prepare a preliminary plat showing all of the following:
  6 23    a.  The proper design in general outline of the district.
  6 24    b.  The lots and parcels of land within the proposed district
  6 25 as such lots appear on the county auditor's plat books with the
  6 26 names of the owners.
  6 27    2.  The board shall determine the compensation for the
  6 28 engineer's preliminary investigation.
  6 29    3.  The engineer shall file a report with the county auditor
  6 30 within thirty days of appointment.  The board may extend the
  6 31 time upon good cause shown.
  6 32    Sec. 18.  NEW SECTION.  357B.207  Approval of report.
  6 33    After the engineer's report is filed, the board shall give
  6 34 notice, as provided in section 357B.204, of a public hearing
  6 35 concerning the engineer's plat.  Within ten days after the
  7  1 hearing, the board shall, by resolution, approve or disapprove
  7  2 the engineer's plat.
  7  3    Sec. 19.  NEW SECTION.  357B.208  Election on candidates for
  7  4 directors.
  7  5    1.  When a preliminary plat has been approved by the board,
  7  6 an election shall be held within the district within sixty days
  7  7 of such approval to choose directors for the board of directors
  7  8 of the district.
  7  9    2.  Notice of the election, including the time and place of
  7 10 holding the election, shall be given as provided in section
  7 11 357B.204.
  7 12    3.  It is not mandatory for the county commissioner of
  7 13 elections to conduct elections held pursuant to this chapter,
  7 14 but the elections shall be conducted in accordance with chapter
  7 15 49 where not in conflict with this chapter.  Judges shall
  7 16 be appointed to serve without pay by the board from among
  7 17 the registered voters of the district to be in charge of the
  7 18 election.
  7 19    4.  At the initial election for directors, the voter shall
  7 20 write the names of up to three directors on blank ballots
  7 21 without formal nomination, and the board shall appoint three
  7 22 from among the five receiving the highest number of votes as
  7 23 directors for the district. One director shall be appointed
  7 24 to serve for one year, one for two years, and one for three
  7 25 years. The directors and their successors must be residents of
  7 26 the district and shall give bond in the amount required by the
  7 27 board, the premium of which shall be paid by the district.
  7 28    5.  Vacancies during a term shall be filled by election, but
  7 29 if there are no candidates for a director office, the vacancy
  7 30 may be filled by appointment by the board.
  7 31    6.  After the initial board of directors is selected, a
  7 32 candidate for director shall be nominated by affidavit of
  7 33 the candidate or by petition signed by at least ten eligible
  7 34 electors of the district and the candidate's affidavit, which
  7 35 shall be filed with the county commissioner of elections at
  8  1 least twenty=five days before the date of the election. The
  8  2 form of a candidate's affidavit shall be substantially the same
  8  3 as provided in section 45.3.
  8  4    7.  Except as provided in subsection 4, each director shall
  8  5 be elected for a three=year term.
  8  6    Sec. 20.  NEW SECTION.  357B.209  Powers and duties of the
  8  7 board of directors.
  8  8    The board of directors may purchase, own, rent, or maintain
  8  9 fire, emergency medical, or other emergency response apparatus
  8 10 or equipment within the state or outside the territorial
  8 11 jurisdiction and boundary limits of this state and provide
  8 12 housing for such apparatus or equipment. The board of
  8 13 directors may contract with any public or private agency under
  8 14 chapter 28E for the purpose of providing emergency response
  8 15 services under this subchapter. The board of directors
  8 16 may purchase material and employ persons to provide for the
  8 17 maintenance and operation of the district. The directors shall
  8 18 be allowed reimbursement for any necessary expenses incurred in
  8 19 the performance of their duties, but they shall not receive any
  8 20 other compensation for their services.
  8 21    Sec. 21.  NEW SECTION.  357B.211  Dissolution of district.
  8 22    Upon petition of a number of resident eligible electors
  8 23 in a district equal to at least thirty=five percent of the
  8 24 property taxpayers in the district, the board of supervisors
  8 25 may dissolve a district and dispose of any remaining property,
  8 26 the proceeds of which shall first be applied against any
  8 27 outstanding obligation of the district. Any remaining balance
  8 28 shall be applied as a property tax credit for the property
  8 29 owners of the district.
  8 30    Sec. 22.  NEW SECTION.  357B.212  Petition by outside owners
  8 31 to be included.
  8 32    The owner of any property in an unincorporated area
  8 33 contiguous to the boundaries of an established district may
  8 34 petition the board to be included in the district. Upon
  8 35 receipt of the petition, the board shall submit the request to
  9  1 a competent disinterested civil engineer to investigate the
  9  2 feasibility of adding the additional territory and to make a
  9  3 report to the board. If the board agrees that the property
  9  4 should be added to the district, such territory shall become
  9  5 part of the district on the first day of the next fiscal year.
  9  6    Sec. 23.  NEW SECTION.  357B.213  Transition ==== city, township
  9  7 and emergency medical services district ==== responsibility for
  9  8 services ==== taxes discontinued.
  9  9    1.  When the boundary lines of the district include a city,
  9 10 such city shall not be responsible for providing emergency
  9 11 response services as required by section 364.16 for services
  9 12 provided by the district.  The city shall have no liability for
  9 13 the method, manner, or means by which the district provides
  9 14 emergency response services.
  9 15    2.  When the boundary lines of the district include all or a
  9 16 portion of a township, the township trustees shall no longer
  9 17 levy the tax authorized in section 359.43 in that portion of
  9 18 the township provided fire protection services by the district.
  9 19 Any indebtedness incurred for the purposes of sections 359.42
  9 20 through 359.45 for a service now provided by the district
  9 21 shall be assumed by the district.  Such township shall not be
  9 22 responsible for providing the emergency response services as
  9 23 required by section 359.42 for emergency response services now
  9 24 provided by the district for the portion of the township within
  9 25 the district, and shall have no liability for the method,
  9 26 manner, or means by which the district provides the emergency
  9 27 response services.
  9 28    3.  When the boundary lines of a district providing emergency
  9 29 medical services include all or a portion of an emergency
  9 30 medical services district under chapter 357F or chapter 357G,
  9 31 the emergency medical services district trustees shall no
  9 32 longer levy the taxes authorized in section 357F.8 or section
  9 33 357G.8 in that portion of such emergency medical services
  9 34 district that is provided emergency medical services by the
  9 35 emergency response district.
 10  1    4.  When the boundary lines of the district include all or
 10  2 a portion of an emergency response district created pursuant
 10  3 to chapter 357J, the emergency response district commission
 10  4 shall no longer levy the tax provided by section 357J.10
 10  5 in that portion of the emergency response district for the
 10  6 same services provided by a benefited emergency response
 10  7 district created pursuant to this subchapter. The emergency
 10  8 response district created pursuant to chapter 357J shall not
 10  9 be responsible for providing the emergency response services
 10 10 as required by section 359.42 for emergency response services
 10 11 now provided by the district for the portion of the emergency
 10 12 response district within the district, and shall have no
 10 13 liability for the method, manner, or means by which the
 10 14 district provides the emergency response services.
 10 15    Sec. 24.  NEW SECTION.  357B.214  Emergency medical districts
 10 16 within a district.
 10 17    Notwithstanding sections 357F.12 and 357G.12, when the
 10 18 boundary lines of a district providing emergency medical
 10 19 services include all of an emergency medical services district
 10 20 formed pursuant to chapter 357F or 357G, the emergency medical
 10 21 services district shall be dissolved.  Any remaining property
 10 22 and balance of assets and liabilities shall be transferred to
 10 23 the district.  The district shall assume all of the outstanding
 10 24 obligations of the emergency medical services district.
 10 25    Sec. 25.  Section 359.42, Code 2016, is amended to read as
 10 26 follows:
 10 27    359.42  Township fire protection service, emergency warning
 10 28 system, and emergency medical service.
 10 29    Except as otherwise provided in section 331.385, the
 10 30 trustees of each township shall provide fire protection service
 10 31 for the township, exclusive of any part of the township within
 10 32 a benefited fire district or benefited emergency response
 10 33 district providing fire protection services and may provide
 10 34 emergency medical service. The trustees may purchase, own,
 10 35 rent, or maintain fire protection service or emergency medical
 11  1 service apparatus or equipment or both kinds of apparatus or
 11  2 equipment and provide housing for the equipment. The trustees
 11  3 of a township which is located within a county having a
 11  4 population of three hundred thousand or more may also establish
 11  5 and maintain an emergency warning system within the township.
 11  6 The trustees may contract with a public or private agency under
 11  7 chapter 28E for the purpose of providing any service or system
 11  8 required or authorized under this section.
 11  9    Sec. 26.  Section 359.43, subsection 1, Code 2016, is amended
 11 10 to read as follows:
 11 11    1.  The township trustees may levy an annual tax not
 11 12 exceeding forty and one=half cents per thousand dollars
 11 13 of assessed value of the taxable property in the township,
 11 14 excluding property within a benefited fire district or
 11 15 benefited emergency response district providing fire protection
 11 16 services or within the corporate limits of a city, for
 11 17 the purpose of exercising the powers and duties specified
 11 18 in section 359.42. However, in a township having a fire
 11 19 protection service or emergency medical service agreement or
 11 20 both service agreements with a special charter city having a
 11 21 paid fire department, the township trustees may levy an annual
 11 22 tax not exceeding fifty=four cents per thousand dollars of
 11 23 the assessed value of the taxable property for the services
 11 24 authorized or required under section 359.42 and in a township
 11 25 which is located within a county having a population of three
 11 26 hundred thousand or more, the township trustees may levy an
 11 27 annual tax not exceeding sixty=seven and one=half cents per
 11 28 thousand dollars of assessed value of taxable property for the
 11 29 services authorized or required under section 359.42.
 11 30    Sec. 27.  Section 359.49, subsection 2, Code 2016, is amended
 11 31 to read as follows:
 11 32    2.  By January 15 of each year, each township fire department
 11 33 in the township shall provide to the board of trustees a
 11 34 proposed budget showing all revenues and all expenses for
 11 35 emergency services for the next fiscal year. By January 15 of
 12  1 each year, each township fire department, and each municipal
 12  2 fire department providing emergency services to a township,
 12  3 shall submit to the board of trustees a report detailing
 12  4 emergency services calls for the prior calendar year for the
 12  5 fire district and a copy of the fire report filed by the fire
 12  6 department with the state fire marshal's office. For purposes
 12  7 of this subsection, "municipal" means relating to a city,
 12  8 county, township, benefited fire district, benefited emergency
 12  9 response district, or chapter 28E agency authorized by law to
 12 10 provide emergency services.
 12 11    Sec. 28.  Section 359.49, subsection 8, paragraph b, Code
 12 12 2016, is amended to read as follows:
 12 13    b.  For purposes of this subsection, "municipality" means
 12 14 a city, county, township, benefited fire district, benefited
 12 15 emergency response district, or agency formed under chapter 28E
 12 16 and authorized by law to provide emergency services.
 12 17    Sec. 29.  Section 422.12, subsection 1, paragraph f,
 12 18 subparagraph (1), Code 2016, is amended to read as follows:
 12 19    (1)  The individual is an active member of an organized
 12 20 volunteer fire department in this state or is performing
 12 21 services as a volunteer fire fighter for a municipality,
 12 22 township, or benefited fire district, or benefited emergency
 12 23 response district at the request of the chief or other
 12 24 person in command of the fire department of the municipality,
 12 25 township, or benefited fire district, or benefited emergency
 12 26 response district, or of any other officer of the municipality,
 12 27 township, or benefited fire district, or benefited emergency
 12 28 response district having authority to demand such service. A
 12 29 person performing such services shall not be classified as a
 12 30 casual employee.
 12 31    Sec. 30.  Section 452A.17, subsection 1, paragraph a,
 12 32 subparagraph (3), Code 2016, is amended to read as follows:
 12 33    (3)  A regional transit system, the state, any of its
 12 34 agencies, any political subdivision of the state, or any
 12 35 benefited fire district or benefited emergency response
 13  1 district which is used for a purpose specified in section
 13  2 452A.57, subsection 11, or for public purposes, including fuel
 13  3 sold for the transportation of pupils of approved public and
 13  4 nonpublic schools by a carrier who contracts with the public
 13  5 school under section 285.5.
 13  6                           EXPLANATION
 13  7 The inclusion of this explanation does not constitute agreement with
 13  8 the explanation's substance by the members of the general assembly.
 13  9    This bill relates to emergency services by authorizing the
 13 10 establishment of benefited emergency response districts to
 13 11 provide emergency response services, including fire protection
 13 12 services, emergency medical services, and other emergency
 13 13 service, excluding law enforcement.
 13 14    Under the bill, a county board of supervisors shall, on
 13 15 the petition of 10 percent of the resident property owners
 13 16 in a proposed district, hold a public hearing concerning the
 13 17 establishment of a proposed district. The bill specifies
 13 18 the contents of the petition and authorizes the board of
 13 19 supervisors to require a bond from the petitioners.  The
 13 20 bill authorizes a district to include one or more adjoining
 13 21 townships or portions thereof and may include one or more
 13 22 cities or portions thereof adjacent to participating townships.
 13 23    The bill requires the public hearing to be held within 60
 13 24 days of the filing of the petition with the board and specifies
 13 25 the notice requirements for such hearing.  After, and within
 13 26 10 days of, the hearing, the board of supervisors shall either
 13 27 establish the district by resolution or disallow the petition.
 13 28 When the board establishes a district, the board shall appoint
 13 29 a competent disinterested civil engineer, who is required to
 13 30 prepare a preliminary plat for the district. The engineer
 13 31 must file a report with the county auditor within 30 days
 13 32 of appointment. After the engineer's report is filed, the
 13 33 board of supervisors must hold a public hearing concerning the
 13 34 engineer's plat. Within 10 days after the hearing, the board
 13 35 shall, by resolution, approve or disapprove the engineer's
 14  1 plat.
 14  2    Under the bill, when a preliminary plat has been approved by
 14  3 the board of supervisors, an election shall be held within the
 14  4 district within 60 days of such approval to choose directors
 14  5 for the board of directors of the district. Except for the
 14  6 initial board of directors, each director shall be elected for
 14  7 a three=year term.
 14  8       The bill specifies the powers and duties of the board
 14  9 of directors including the ability to purchase, own, rent,
 14 10 or maintain fire, emergency medical, or other emergency
 14 11 response apparatus or equipment within the state or outside
 14 12 the territorial jurisdiction and boundary limits of this state
 14 13 and provide housing for such apparatus or equipment. The
 14 14 board of directors may purchase material and employ persons
 14 15 to provide for the maintenance and operation of the district.
 14 16 The directors shall be allowed reimbursement for any necessary
 14 17 expenses incurred in the performance of their duties, but they
 14 18 shall not receive any other compensation for their services.
 14 19    Upon petition of a number of resident eligible electors in a
 14 20 district equal to at least 35 percent of the property taxpayers
 14 21 in the district, the board of supervisors may dissolve a
 14 22 district and dispose of any remaining property, the proceeds of
 14 23 which shall first be applied against any outstanding obligation
 14 24 of the district. Any remaining balance shall be applied as a
 14 25 tax credit for the property owners of the district.
 14 26    The bill establishes provisions for the addition of property
 14 27 to the district. The bill also provides for the transition of
 14 28 existing emergency response services from cities, townships,
 14 29 and other special districts to a newly formed benefited
 14 30 emergency response district and for the reorganization of a
 14 31 benefited fire district under Code chapter 357B if approved at
 14 32 election.
 14 33    The bill includes corresponding changes to other provisions
 14 34 of law relating to the joint exercise of governmental power
 14 35 under Code chapter 28E, metropolitan and regional planning
 15  1 commissions under Code chapter 28I, workers' compensation under
 15  2 Code chapter 85, fire and emergency response services training
 15  3 under Code chapter 100B, fire scenes under Code chapter 102,
 15  4 and the definition of "fire department" under Code chapter 321
 15  5 similar to those in effect for benefited fire districts under
 15  6 Code chapter 357B.
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