Brief Summary of Bill

Creates an alternate mechanism for the legislative authority of a city or town to establish a fire protection district (district) with boundaries equal to the corporate boundaries of the city or town.
Establishes requirements for forming the district, including: (1) the city or town must adopt a resolution establishing the district; (2) the resolution must contain a financing plan, including whether the initial imposition of a benefit charge is proposed; (3) a public hearing on the resolution must be held; and (4) the ordinance or resolution must be approved by either a simple majority or, if the initial imposition of a benefit charge is proposed, 60 percent of voters.
Establishes that the members of the city or town legislative authority serve in an ex officio capacity as the fire commissioners of the district.

Background:

Cities and towns may establish fire departments for the prevention and extinguishment of fires within the city or town. Similarly, fire protection districts, whose jurisdiction may include incorporated or unincorporated areas of a county or counties, may be established for the purpose of providing fire prevention and suppression services, emergency medical services, and other related operations.

Fire Protection Districts – Formation.

A fire protection district (district) may be established by petition. The petition must be signed by not less than 10 percent of the registered voters residing within the boundaries of the proposed district who voted in the last general municipal election, and filed with the county auditor of the county in which all, or the largest portion, of the proposed district is located. The petition must:

designate the boundaries of the proposed district;
state the purpose of creating the proposed district; and
allege that establishment of the district will be conducive to public safety, welfare, and convenience, and will be a benefit to the property included in the district.

Within 30 days of the filing, the county auditor must verify the sufficiency of signatures on the petition. If found to be sufficient, the county auditor must transmit the petition to the county legislative authority of the county or counties.

Petitions may be subject to review by a boundary review board. If a petition is not reviewed by a boundary review board, a public hearing on the petition may be held by the county legislative authority. Prior notice of a public hearing must be published in the official newspaper of the county or counties and posted in three public places.

The county legislative authority must consider the petition and either adopt a resolution finding that formation of the district will benefit property within the district, or deny the petition. If the petition is approved by the county legislative authority, at the next general election: (1) the proposition of whether to establish the proposed district must be submitted to voters; and (2) the initial fire commissioners must be elected. If three-fifths of all votes at the election approve creation of the district, the county legislative authority must declare the district organized and declare the successful candidate for each initial fire commissioner position.

Fire Protection District – Commissioners.

Each district is managed by an elected board of fire commissioners (board) composed initially of three registered voters of the district. The number of commissioner positions may be increased to five or seven positions if approved by voters. In general, commissioners serve staggered, six-year terms.

Each commissioner receives $114 per day (adjusted for inflation), not to exceed $10,944 per year, for time spent in attendance at meetings of the board or in performance of other services. In addition, commissioners may receive necessary expenses for attendance at meetings of the board or when otherwise engaged in district business.

Fire Benefit Charges.

By resolution of the board, a district may fix and impose a benefit charge on personal property and improvements to real property located within the district that have received or will receive benefits provided by the district. A benefit charge must be reasonably proportioned to the measurable benefits to property resulting from services afforded by the district. Certain property is exempt from benefit charges, including property owned or used by a religious organization. The initial imposition of a benefit charge must be approved by 60 percent of voters within the district voting at an election, and expires in six or fewer years unless subsequently reapproved by voters.

Summary of Bill:

Fire Protection District – Alternative Method of Formation.

As an alternative to the petition method of formation provided in existing statute, the legislative authority of a city or town may establish a fire protection district with boundaries that are the same as the corporate boundaries of the city or town. The legislative authority may establish the district through adoption of a resolution and approval of the resolution by voters of the city or town. The resolution must, at a minimum:

contain a financing plan for the district, which may propose the imposition of any revenue sources a district is authorized to use under applicable law, such as property taxes or benefit charges; and
set a date for public hearing on the resolution.

If the initial imposition of a benefit charge is proposed, the resolution must comply with requirements provided in existing statute (e.g., specify the property to which the charge applies, other information necessary to compute the benefit charge, etc.).

The resolution must be submitted for approval to the voters of the city or town and is not effective unless approved by a simple majority, or if the initial imposition of a benefit charge is proposed, by 60 percent of voters.

When a district is established in the manner authorized by the bill, all powers, duties, and functions of the city or town fire department pertaining to fire protection and emergency services of the city or town are transferred to the district on its creation date. The city or town fire department must transfer to the district reports, documents, and other written materials, real and personal property, and funds, credits, and other assets pertaining to the department's powers, functions, and duties. Additionally, employees of the city or town fire department are transferred to the district.

Ex Officio Commissioners.

For fire protection districts established by resolution of the legislative authority of a city or town with voter approval, the members of the legislative authority serve ex officio as the fire commissioners of the district. Members serving in an ex officio capacity on the board may not receive compensation, but may receive necessary expenses.