Text: HF00211 Text: HF00213 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 39.21, Code 1999, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 5. Township trustees as provided in 1 4 section 39.22. 1 5 Sec. 2. Section 39.21, Code 1999, is amended by adding the 1 6 following new subsection: 1 7 NEW SUBSECTION. 6. Township clerk as provided in section 1 8 39.22. 1 9 Sec. 3. Section 39.22, Code 1999, is amended by striking 1 10 the section and inserting in lieu thereof the following: 1 11 39.22 TOWNSHIP OFFICERS. 1 12 1. The offices of township trustee and township clerk 1 13 shall be filled by election on a nonpartisan basis. Township 1 14 trustees and the township clerk, in townships which do not 1 15 include a city, shall be elected by the voters of the entire 1 16 township. In townships which include a city, the officers 1 17 shall be elected by the voters of the township who reside 1 18 outside the corporate limits of the city, but a township 1 19 officer may be a resident of the city. 1 20 2. The election of township officers shall take place at 1 21 the general election on ballots which shall not reflect a 1 22 nominee's political affiliation. Nomination shall be made by 1 23 petition in accordance with chapter 45. The petition form 1 24 shall be furnished by the county commissioner of elections and 1 25 shall be filed with the county commissioner of elections. A 1 26 plurality is sufficient to elect the township officers, and no 1 27 primary election for the offices shall be held. 1 28 3. Township trustees shall serve staggered terms and shall 1 29 be elected biennially to succeed those whose terms of office 1 30 expire on the first day of January following the election 1 31 which is not a Sunday or legal holiday. The term of office of 1 32 each elected township trustee is four years, except for 1 33 initial terms following restoration of the election process. 1 34 4. In each civil township, one township clerk shall be 1 35 elected at the general election held in the year 1990 and 2 1 every four years thereafter. 2 2 Sec. 4. Section 43.53, Code 1999, is amended to read as 2 3 follows: 2 4 43.53 NOMINEES FOR SUBDIVISION OFFICE – WRITE-IN 2 5 CANDIDATES. 2 6 The nominee of each political party for any office to be 2 7 filled by the voters of anytownship or otherpolitical 2 8 subdivision within the county shall be the person receiving 2 9 the highest number of votes cast in the primary election by 2 10 the voters of that party for the office. That person shall 2 11 appear as the party's candidate for the office on the general 2 12 election ballot. A person whose name is not printed on the 2 13 official primary ballot shall not be declared nominated as a 2 14 candidate for such office in the general election unless that 2 15 person receives at least five votes. Nomination of a 2 16 candidate for the office of county supervisor elected from a 2 17 district within the county shall be governed by section 43.52 2 18 and not by this section. 2 19 Sec. 5. Section 49.37, subsection 3, Code 1999, is amended 2 20 to read as follows: 2 21 3. The commissioner shall arrange the partisan county 2 22 offices on the ballot with the board of supervisors first, 2 23 followed by the other county officesand township officesin 2 24 the same sequence in which they appear in sections 39.17 and 2 25 39.22. Nonpartisan offices, with the township offices first, 2 26 shall be listed after partisan offices. 2 27 Sec. 6. Section 331.403, subsection 1, Code 1999, is 2 28 amended by adding the following new unnumbered paragraph: 2 29 NEW UNNUMBERED PARAGRAPH. The county shall also publish, 2 30 in the same publication, each financial statement filed by the 2 31 townships of the county with the county auditor pursuant to 2 32 section 359.23. 2 33 Sec. 7. Section 331.434, subsection 3, Code 1999, is 2 34 amended by adding the following new unnumbered paragraph: 2 35 NEW UNNUMBERED PARAGRAPH. The county shall also publish, 3 1 in the same publication, a summary of each proposed budget 3 2 filed by the townships of the county with the county auditor 3 3 pursuant to section 359.49, subsection 3. 3 4 Sec. 8. Section 359.17, Code 1999, is amended to read as 3 5 follows: 3 6 359.17 TRUSTEES – DUTIES – MEETINGS. 3 7 The board of township trustees in each township shall 3 8 consist of three qualified electors of the township. The 3 9 trustees shall act as fence viewers and shall perform other 3 10 duties assigned them by law. The board of trustees shall meet 3 11 not less thanoncefour times a year. One of the meetings 3 12 shall be scheduled to meet the requirements of section 359.49. 3 13 Sec. 9. Section 359.20, Code 1999, is amended by adding 3 14 the following new unnumbered paragraph: 3 15 NEW UNNUMBERED PARAGRAPH. Township records and documents, 3 16 or accurate reproduction, shall be kept for at least five 3 17 years except that: 3 18 a. Resolutions, board proceedings, records and documents, 3 19 or accurate reproductions, relating to the issuance of public 3 20 bonds or obligations shall be kept for at least eleven years 3 21 following the final maturity of the bonds or obligations. 3 22 Thereafter, such records, documents, and reproductions may be 3 23 destroyed, preserving confidentiality as necessary. 3 24 b. Resolutions, board proceedings, records, and documents, 3 25 or accurate reproductions, relating to real property 3 26 transactions shall be maintained permanently. 3 27 Sec. 10. Section 359.23, Code 1999, is amended to read as 3 28 follows: 3 29 359.23 RECEIPTS AND EXPENDITURES. 3 30 Each township clerk shall prepare, on or beforeSeptember3 31 October 30 of each year, a statement in writing, showing all 3 32 receipts of money and disbursements in the clerk's office for 3 33 each separate tax levy authorized by law for the preceding 3 34 fiscal year, showing the current public debt of the township, 3 35 and showing the balance as of June 30 of all separate reserve 4 1 accounts held by the township, which shall be certified as 4 2 correct by the trustees of the township. Each township clerk 4 3 shall send a copy of this written statement to the county 4 4 auditor no later than seven days after the statement is 4 5 certified by the trustees. The statement shall be published 4 6 by the county as provided in section 331.403. 4 7 Sec. 11. Section 359.43, Code 1999, is amended by adding 4 8 the following new subsection: 4 9 NEW SUBSECTION. 5. Township taxes collected and disbursed 4 10 by the county shall be apportioned by the clerk and paid into 4 11 the separate accounts of the tax districts no later than 4 12 thirty days after receipt of the funds by the township clerk. 4 13 TOWNSHIP FINANCES 4 14 Sec. 12. NEW SECTION. 359.49 TOWNSHIP BUDGET. 4 15 Annually, a township shall prepare and adopt a budget, and 4 16 shall certify taxes as follows: 4 17 1. A budget must be prepared for at least the following 4 18 fiscal year. A proposed budget must show estimates of the 4 19 following: 4 20 a. Expenditures from each fund. 4 21 b. Income from sources other than property taxation. 4 22 c. Amount to be raised by property taxation, and the 4 23 property tax rate expressed in dollars per one thousand 4 24 dollars assessed valuation. 4 25 2. Not less than ten days before the date set for the 4 26 regular meeting of the board at which objections and arguments 4 27 on the budget will be heard, the clerk shall make available a 4 28 sufficient number of copies of the detailed budget to meet the 4 29 requests of taxpayers and organizations, and have them 4 30 available for distribution at the offices of the county 4 31 auditor, city clerk, and at the city library, if any, of all 4 32 the cities in the township. 4 33 3. The board of trustees shall transmit a copy of the 4 34 proposed budget to the county auditor for publication pursuant 4 35 to section 331.434, subsection 3. The board shall set a time 5 1 and place for a regular meeting before final certification 5 2 which shall provide time for a hearing on the budget by the 5 3 trustees. The meeting shall be held no less than four days 5 4 and no more than ten days after the summary of the budget is 5 5 published by the county. 5 6 4. At the meeting, any resident or taxpayer of the 5 7 township may present to the board of trustees objections to 5 8 any part of the budget for the following fiscal year or 5 9 arguments in favor of any part of the budget. 5 10 5. After hearing on the budget, the board of trustees 5 11 shall adopt by resolution a budget for at least the next 5 12 fiscal year, and the clerk shall certify the necessary tax 5 13 levy for the next fiscal year to the county auditor and the 5 14 county board of supervisors by March 1. The tax levy 5 15 certified may be less than but not more than the amount 5 16 estimated in the proposed budget submitted at the meeting. 5 17 Two copies each of the detailed budget as adopted and of the 5 18 certified tax levy must be transmitted to the county auditor 5 19 by March 1. 5 20 6. A township levy is not valid until the minutes of the 5 21 meeting at which objections and arguments on the budget were 5 22 heard are filed with the county auditor. Taxes from a 5 23 township levy shall be collected but not disbursed by the 5 24 county to a township until copies of the township budget are 5 25 transmitted to the county auditor as required in subsection 5. 5 26 If copies of a township budget are not transmitted by March 1, 5 27 the amount of taxes collected by the county for the township 5 28 shall be the amount collected for the township in the previous 5 29 fiscal year. 5 30 Sec. 13. NEW SECTION. 359.50 BUDGET AMENDMENT. 5 31 1. A township budget as finally adopted for the following 5 32 fiscal year becomes effective July 1. A township budget for 5 33 the current fiscal year may be amended for any of the 5 34 following purposes: 5 35 a. To permit the expenditure of unexpended, unencumbered 6 1 cash balances on hand at the end of the preceding fiscal year 6 2 which had not been anticipated in the budget. 6 3 b. To permit the expenditure of amounts anticipated to be 6 4 available from sources other than property taxation, and which 6 5 had not been anticipated in the budget. 6 6 2. A budget amendment must be prepared and adopted by May 6 7 31 of the current fiscal year. 6 8 Sec. 14. NEW SECTION. 359.51 SEPARATE ACCOUNTS. 6 9 A township shall keep separate accounts corresponding to 6 10 the items in its adopted or amended budget. A township shall 6 11 keep accounts which show an accurate and detailed statement of 6 12 all public funds collected, received, or expended for any 6 13 township purpose, by any township officer, employee, or other 6 14 person, and which show the receipt, use, and disposition of 6 15 all township property. 6 16 Sec. 15. NEW SECTION. 359.52 DISPOSAL OF PROPERTY. 6 17 A township shall not dispose of an interest in personal 6 18 property valued over one thousand dollars, or an interest in 6 19 real property, by sale, lease, or gift, except in accordance 6 20 with the following procedure: 6 21 1. The board of trustees shall set forth its proposal in a 6 22 resolution and shall publish notice of the resolution and of a 6 23 date, time, and place of a public hearing on the proposal. 6 24 2. After the public hearing, the trustees may make a final 6 25 determination on the proposal by resolution. The notice shall 6 26 be published in a newspaper published at least once weekly and 6 27 having general circulation in the township or in the largest 6 28 city in the township. The notice shall be published no less 6 29 than ten days and no more than twenty days before the hearing. 6 30 3. A township shall not dispose of real property by gift 6 31 except to a governmental body for a public purpose. 6 32 Sec. 16. INTERIM STUDY REQUESTED. The legislative council 6 33 is requested to establish an interim study committee to study 6 34 the delivery of fire service and emergency medical services in 6 35 Iowa. The study shall review current fire and emergency 7 1 medical services delivery systems from different perspectives. 7 2 The committee shall study governance under the current system 7 3 and alternatives to the current system which may better meet 7 4 changing needs around the state. The committee shall study 7 5 the financial needs and financial resources of fire and 7 6 emergency medical services delivery systems. The committee 7 7 shall also study the needs of users of such systems and 7 8 whether the current method of delivery of these services is 7 9 meeting those needs and whether the current method has the 7 10 capacity to meet future needs. The committee shall study the 7 11 extent to which fire and emergency medical care services 7 12 providers are sharing services, equipment, and buildings, and 7 13 whether or not encouraging or mandating sharing of services, 7 14 equipment, and buildings is feasible for such systems. The 7 15 committee shall study the trends in privatization of fire and 7 16 emergency medical services delivery systems and the extent to 7 17 which the current systems are privatized. The committee shall 7 18 study current requirements and standards for training of fire 7 19 service and emergency medical services personnel and whether 7 20 or not other requirements and standards are necessary. 7 21 The committee shall recommend changes in the current 7 22 delivery system with a view to providing comprehensive fire 7 23 and emergency medical services to all Iowans. 7 24 Sec. 17. Section 43.21, Code 1999, is repealed. 7 25 EXPLANATION 7 26 This bill makes several changes to the law relating to 7 27 townships. The bill changes the offices of township trustee 7 28 and township clerk to nonpartisan offices nominated for 7 29 election by the petition process, without regard to political 7 30 affiliation. The bill also removes the authority of the 7 31 people to petition to have township officers appointed by the 7 32 county board of supervisors, rather than elected. 7 33 The bill changes the required number of board of township 7 34 trustee meetings from once a year to four times a year and 7 35 requires that one of those meetings be scheduled to hear 8 1 comments on the township budget. 8 2 The bill requires that township records and documents be 8 3 kept for five years, except that records and documents 8 4 relating to bonds or other indebtedness shall be kept for at 8 5 least 11 years and records and documents relating to real 8 6 property transactions shall be maintained permanently. 8 7 Currently, each township is required to prepare an annual 8 8 financial statement and file the statement with the county 8 9 auditor. The bill requires that the statement show the 8 10 current public debt of the township and the balance of each 8 11 township reserve account. The bill also requires that the 8 12 statement be published by the county when it publishes its 8 13 annual financial report. 8 14 The bill requires each township to prepare an annual 8 15 budget. A proposed township budget is to be published by the 8 16 county and the board of trustees is to schedule a regular 8 17 meeting of the board no less than four and no more than 10 8 18 days after the publication to hear comments on the budget. 8 19 The bill requires the township trustees to certify its tax 8 20 levy to the county board of supervisors and the county auditor 8 21 and provides that the tax levy is not valid until minutes of 8 22 the meeting are filed with the county auditor. The bill also 8 23 provides that a county shall not disburse township taxes 8 24 collected until copies of the township budget are filed with 8 25 the county auditor. The bill directs the county to collect 8 26 the amount of taxes collected for the township in the previous 8 27 fiscal year if the township does not file a copy of its budget 8 28 by March 1. The bill allows a township to amend its budget to 8 29 permit expenditure of unencumbered cash balances on hand and 8 30 not anticipated in the budget and to permit expenditure of 8 31 amounts anticipated from sources other than property tax. The 8 32 bill requires townships to keep separate accounts which 8 33 correspond to its budget. 8 34 The bill requires townships to follow certain procedures 8 35 when disposing of personal property valued over $1,000 or real 9 1 property, by sale, lease, or gift. The board of township 9 2 trustees must adopt a resolution regarding disposal of the 9 3 property and must publish notice of the resolution and of a 9 4 public hearing on the proposal to dispose of the property. 9 5 The bill prohibits a township from disposing of real property 9 6 by gift, except to a governmental body for a public purpose. 9 7 The bill requests that an interim study committee be 9 8 established by the legislative council to study fire service 9 9 and emergency medical services delivery systems from different 9 10 perspectives. 9 11 LSB 1261HH 78 9 12 sc/sc/14.2
Text: HF00211 Text: HF00213 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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