House File 2454 - Introduced HOUSE FILE 2454 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HF 2215) (COMPANION TO SF 2060 BY SHIPLEY) A BILL FOR An Act establishing a process for voter approval of a 1 proposition to require a township to provide emergency 2 medical service. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5918HV (2) 87 md/rj
H.F. 2454 Section 1. Section 359.42, Code 2018, is amended to read as 1 follows: 2 359.42 Township fire protection service, emergency warning 3 system, and emergency medical service. 4 Except as otherwise provided in section 331.385 , the 5 trustees of each township shall provide fire protection service 6 for the township, exclusive of any part of the township within 7 a benefited fire district and , unless required to provide 8 emergency medical service by proposition approved under section 9 359.44, may provide emergency medical service. The trustees 10 may purchase, own, rent, or maintain fire protection service 11 or emergency medical service apparatus or equipment or both 12 kinds of apparatus or equipment and provide housing for the 13 equipment. The trustees of a township which is located within 14 a county having a population of three hundred thousand or 15 more may also establish and maintain an emergency warning 16 system within the township. The trustees may contract with a 17 public or private agency under chapter 28E for the purpose of 18 providing any service or system required or authorized under 19 this section . 20 Sec. 2. NEW SECTION . 359.44 Emergency medical service —— 21 motion or petition —— election. 22 1. a. Unless the county is providing emergency medical 23 service to a township pursuant to section 331.385, the board 24 of township trustees may on its own motion, and upon receipt 25 of a valid petition shall, direct the county commissioner of 26 elections to submit to the registered voters of the township, 27 excluding those areas of the township within corporate 28 boundaries of a city, the proposition of requiring the township 29 to provide emergency medical service to those areas of the 30 township outside the corporate limits of a city and outside 31 those areas being provided emergency medical service under 32 chapter 357F or 357J for a period of time stated in the 33 proposition not to exceed ten years but not less than four 34 years. 35 -1- LSB 5918HV (2) 87 md/rj 1/ 4
H.F. 2454 b. A valid petition shall be signed by eligible electors of 1 the township residing outside the corporate limits of a city 2 equal in number to at least twenty-five percent of the number 3 of votes cast in the township outside the corporate limits 4 of a city for the office of president of the United States 5 or governor at the preceding general election. The petition 6 shall include the signatures of the petitioners, a statement 7 of their place of residence, and the date on which they signed 8 the petition. 9 c. The election shall be held at the next general election 10 following adoption of the board’s motion or receipt of the 11 valid petition. However, a petition authorized by this section 12 shall be filed not later than eighty-two days before the date 13 of the general election if the proposition is to be voted upon 14 at the general election. If a valid petition is filed after 15 that date, the proposition shall be voted on at the general 16 election following the next general election. 17 d. A petition shall be examined before it is accepted for 18 filing. If it appears valid on its face, it shall be accepted 19 for filing. If it lacks the required number of signatures, it 20 shall be returned to the petitioners. 21 e. Petitions which have been accepted for filing are valid 22 unless written objections are filed. Objections must be 23 filed with the county auditor within five working days after 24 the petition was filed. The objection process in section 25 44.7 shall be followed for objections filed pursuant to this 26 section. 27 2. The question shall be submitted to the voters in 28 substantially the following form: 29 Shall the township of ............... , in ............... 30 County, Iowa, be required to provide emergency medical 31 service to those areas of ............... township outside the 32 corporate limits of a city and outside the areas receiving 33 emergency medical service from another political subdivision 34 of this state and provide such service through imposition of 35 -2- LSB 5918HV (2) 87 md/rj 2/ 4
H.F. 2454 a property tax in those areas of the township outside the 1 corporate limits of a city? 2 3. The proposition is adopted if a majority of those 3 voting on the proposition at the election approves it. If the 4 proposition is approved at election, the township trustees 5 shall provide emergency medical service to all areas of the 6 township outside the corporate limits of a city and those areas 7 not otherwise receiving such service under chapter 357F or 357J 8 using methods and funding authorized in sections 359.42 and 9 359.43 for the period of time approved at election, beginning 10 with the fiscal year beginning July 1 following the general 11 election at which the proposition was approved. 12 4. The proposition is not affected by a change in the 13 boundaries of the township. 14 5. An extension of the period of time for requiring the 15 township to provide emergency medical service under this 16 section may be completed using the same procedure as is 17 required for initial approval. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 Current law authorizes but does not require the board of 22 township trustees to provide emergency medical service for 23 the township and to fund such service through imposition of 24 a property tax levy. This bill establishes a process for 25 voter approval of a proposition to require a board of township 26 trustees to provide emergency medical service to specified 27 areas of the township. 28 The bill provides that unless the county is providing 29 emergency medical service to a township pursuant to Code 30 section 331.385, the board of township trustees may on its own 31 motion, and upon receipt of a valid petition shall, direct the 32 county commissioner of elections to submit to the registered 33 voters of the township, excluding those areas of the township 34 within corporate boundaries of a city, the proposition of 35 -3- LSB 5918HV (2) 87 md/rj 3/ 4
H.F. 2454 requiring the township to provide emergency medical service to 1 those areas of the township outside the corporate limits of a 2 city and outside those areas being provided emergency medical 3 service under Code chapter 357F (benefited emergency medical 4 services district) or 357J (emergency response district) for a 5 period of time stated in the proposition not to exceed 10 years 6 but not less than four years. 7 A valid petition must be signed by eligible electors of 8 the township residing outside the corporate limits of a city 9 equal in number to at least 25 percent of the number of votes 10 cast in the township outside the corporate limits of a city 11 for the office of president of the United States or governor 12 at the preceding general election. The election to vote on 13 the proposition is required to be held at the next general 14 election following adoption of the board’s motion or receipt of 15 the valid petition, subject to a filing deadline specified in 16 the bill. The bill also specifies the process for filing and 17 hearing objections to the petition and the form of the question 18 that appears on the ballot. 19 A proposition is adopted if a majority of those voting on the 20 proposition at the election approves it. If the proposition 21 is approved at election, the township trustees are required 22 to provide emergency medical service to those specified areas 23 of the township using methods and funding authorized in Code 24 sections 359.42 and 359.43 for the period of time approved 25 at election, beginning with the fiscal year beginning July 1 26 following the general election at which the proposition was 27 approved. 28 An extension of the period of time for requiring the township 29 to provide emergency medical service under this Code section 30 may be completed using the same procedure as is required for 31 initial approval. 32 -4- LSB 5918HV (2) 87 md/rj 4/ 4