House File 2479 - Introduced HOUSE FILE 2479 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 2454) (SUCCESSOR TO HF 2215) A BILL FOR An Act establishing processes for voter approval of a 1 proposition to require a township to provide emergency 2 medical service and for voter approval of a higher 3 additional annual property tax levy rate for the provision 4 of township services. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5918HZ (3) 87 md/rj

H.F. 2479 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. Section 359.43, subsection 2, Code 2018, is amended 21 to read as follows: 22 2. a. If the levy authorized under subsection 1 is 23 insufficient to provide the services authorized or required 24 under section 359.42 , the township trustees may levy an 25 additional annual tax not exceeding twenty and one-fourth cents 26 per thousand dollars of assessed value of the taxable property 27 in the township, excluding any property within the corporate 28 limits of a city, to provide the services. 29 b. (1) The additional annual tax authorized under paragraph 30 “a” may be imposed at a rate not exceeding forty and one-fourth 31 cents per thousand dollars of assessed value if the trustees of 32 the township are providing emergency medical service for the 33 township and if the authority to impose the higher additional 34 annual tax rate is approved at election. 35 -1- LSB 5918HZ (3) 87 md/rj 1/ 8

H.F. 2479 (2) (a) The board of township trustees may on its own 1 motion, and upon receipt of a valid petition shall, direct the 2 county commissioner of elections to submit to the registered 3 voters of the township in the areas where the additional 4 annual tax is imposed, the proposition of levying the higher 5 additional annual tax rate for a period of time stated in the 6 proposition. 7 (b) A valid petition shall be signed by eligible electors of 8 the township residing outside the corporate limits of a city 9 equal in number to at least twenty-five percent of the number 10 of votes cast in the township outside the corporate limits 11 of a city for the office of president of the United States 12 or governor at the preceding general election. The petition 13 shall include the signatures of the petitioners, a statement 14 of their place of residence, and the date on which they signed 15 the petition. 16 (c) The election shall be held at the next general election 17 following adoption of the board’s motion or receipt of the 18 valid petition and may be included on the same ballot as a 19 proposition submitted to the voters under section 359.44. 20 However, a petition authorized by this section shall be filed 21 not later than eighty-two days before the date of the general 22 election if the proposition is to be voted upon at the general 23 election. If a valid petition is filed after that date, the 24 proposition shall be voted on at the general election following 25 the next general election. 26 (d) A petition shall be examined before it is accepted for 27 filing. If it appears valid on its face, it shall be accepted 28 for filing. If it lacks the required number of signatures, it 29 shall be returned to the petitioners. 30 (e) Petitions which have been accepted for filing are 31 valid unless written objections are filed. Objections must be 32 filed with the county auditor within five working days after 33 the petition was filed. The objection process in section 34 44.7 shall be followed for objections filed pursuant to this 35 -2- LSB 5918HZ (3) 87 md/rj 2/ 8

H.F. 2479 section. 1 c. The proposition is adopted if a majority of those 2 voting on the proposition at the election approves it. If the 3 proposition is approved at election, the township trustees may 4 impose the additional annual tax authorized under paragraph “a” 5 at a rate not exceeding forty and one-fourth cents per thousand 6 dollars for the period of time approved at election, beginning 7 with the fiscal year beginning July 1 following the general 8 election at which the proposition was approved. 9 d. The proposition is not affected by a change in the 10 boundaries of the township. 11 e. An extension of the period of time for the authorization 12 to impose the higher additional annual tax rate or rescission 13 of the authorization to impose the higher additional annual tax 14 rate may be completed using the same procedure as is required 15 for initial approval. However, the authorization to impose 16 higher additional annual tax rate may also be rescinded under 17 section 359.44, subsection 7. 18 Sec. 3. NEW SECTION . 359.44 Emergency medical service —— 19 motion or petition —— election. 20 1. a. Unless the county is providing emergency medical 21 service to a township pursuant to section 331.385, the board 22 of township trustees may on its own motion, and upon receipt 23 of a valid petition shall, direct the county commissioner of 24 elections to submit to the registered voters of the township, 25 excluding those areas of the township within corporate 26 boundaries of a city, the proposition of requiring the township 27 to provide emergency medical service to those areas of the 28 township outside the corporate limits of a city and outside 29 those areas being provided emergency medical service under 30 chapter 357F or 357J for a period of time stated in the 31 proposition but not less than four years. 32 b. A valid petition shall be signed by eligible electors of 33 the township residing outside the corporate limits of a city 34 equal in number to at least twenty-five percent of the number 35 -3- LSB 5918HZ (3) 87 md/rj 3/ 8

H.F. 2479 of votes cast in the township outside the corporate limits 1 of a city for the office of president of the United States 2 or governor at the preceding general election. The petition 3 shall include the signatures of the petitioners, a statement 4 of their place of residence, and the date on which they signed 5 the petition. 6 c. The election shall be held at the next general election 7 following adoption of the board’s motion or receipt of the 8 valid petition. However, a petition authorized by this section 9 shall be filed not later than eighty-two days before the date 10 of the general election if the proposition is to be voted upon 11 at the general election. If a valid petition is filed after 12 that date, the proposition shall be voted on at the general 13 election following the next general election. 14 d. A petition shall be examined before it is accepted for 15 filing. If it appears valid on its face, it shall be accepted 16 for filing. If it lacks the required number of signatures, it 17 shall be returned to the petitioners. 18 e. Petitions which have been accepted for filing are valid 19 unless written objections are filed. Objections must be 20 filed with the county auditor within five working days after 21 the petition was filed. The objection process in section 22 44.7 shall be followed for objections filed pursuant to this 23 section. 24 2. The question shall be submitted to the voters in 25 substantially the following form: 26 Shall the township of ............... , in ............... 27 County, Iowa, be required to provide emergency medical 28 service to those areas of ............... township outside the 29 corporate limits of a city and outside the areas receiving 30 emergency medical service from another political subdivision 31 of this state and provide such service through imposition of 32 a property tax in those areas of the township outside the 33 corporate limits of a city? 34 3. The proposition to impose a higher additional annual tax 35 -4- LSB 5918HZ (3) 87 md/rj 4/ 8

H.F. 2479 pursuant to section 359.43, subsection 2, shall be included on 1 the ballot and submitted to the voters at the same election as 2 the proposition to require the township to provide emergency 3 medical service under this section. 4 4. The proposition is adopted if a majority of those 5 voting on the proposition at the election approves it. If the 6 proposition is approved at election, the township trustees 7 shall provide emergency medical service to all areas of the 8 township outside the corporate limits of a city and those areas 9 not otherwise receiving such service under chapter 357F or 357J 10 using methods and funding authorized in sections 359.42 and 11 359.43 for the period of time approved at election, beginning 12 with the fiscal year beginning July 1 following the general 13 election at which the proposition was approved. 14 5. The proposition is not affected by a change in the 15 boundaries of the township. 16 6. An extension of the period of time for requiring the 17 township to provide emergency medical service under this 18 section or the rescission of the requirement to provide 19 emergency medical service may be completed using the same 20 procedure as is required for initial approval. 21 7. In lieu of the procedure under subsection 6, the 22 requirement for providing emergency medical service under this 23 section may be rescinded by resolution of the board of township 24 trustees, upon a finding that the emergency medical service 25 being provided has not been beneficial or is unnecessary. 26 If the requirement for providing emergency medical service 27 is rescinded under this subsection and the township ceases 28 to provide emergency medical service, the authorization for 29 imposition of a higher additional annual tax rate under section 30 359.43, subsection 2, paragraph “b” , is terminated. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 Current law authorizes but does not require the board of 35 -5- LSB 5918HZ (3) 87 md/rj 5/ 8

H.F. 2479 township trustees to provide emergency medical service for 1 the township and to fund such service through imposition of 2 a property tax levy. This bill establishes a process for 3 voter approval of a proposition to require a board of township 4 trustees to provide emergency medical service to specified 5 areas of the township. 6 The bill provides that unless the county is providing 7 emergency medical service to a township pursuant to Code 8 section 331.385, the board of township trustees may on its own 9 motion, and upon receipt of a valid petition shall, direct the 10 county commissioner of elections to submit to the registered 11 voters of the township, excluding those areas of the township 12 within corporate boundaries of a city, the proposition of 13 requiring the township to provide emergency medical service to 14 those areas of the township outside the corporate limits of a 15 city and outside those areas being provided emergency medical 16 service under Code chapter 357F (benefited emergency medical 17 services district) or 357J (emergency response district) for a 18 period of time stated in the proposition but not less than four 19 years. 20 A valid petition must be signed by eligible electors of 21 the township residing outside the corporate limits of a city 22 equal in number to at least 25 percent of the number of votes 23 cast in the township outside the corporate limits of a city 24 for the office of president of the United States or governor 25 at the preceding general election. The election to vote on 26 the proposition is required to be held at the next general 27 election following adoption of the board’s motion or receipt of 28 the valid petition, subject to a filing deadline specified in 29 the bill. The bill also specifies the process for filing and 30 hearing objections to the petition and the form of the question 31 that appears on the ballot. 32 A proposition is adopted if a majority of those voting on the 33 proposition at the election approves it. If the proposition 34 is approved at election, the township trustees are required 35 -6- LSB 5918HZ (3) 87 md/rj 6/ 8

H.F. 2479 to provide emergency medical service to those specified areas 1 of the township using methods and funding authorized in Code 2 sections 359.42 and 359.43 for the period of time approved 3 at election, beginning with the fiscal year beginning July 1 4 following the general election at which the proposition was 5 approved. The bill also requires that the proposition to 6 impose a higher additional annual tax pursuant to Code section 7 359.43(2), as amended in the bill, shall be included on the 8 ballot and submitted to the voters at the same election as 9 the proposition to require the township to provide emergency 10 medical service. 11 An extension of the period of time for requiring the township 12 to provide emergency medical service or the rescission of the 13 requirement to provide emergency medical service under the bill 14 may be completed using the same procedure as is required for 15 initial approval. In lieu of such process required for initial 16 approval, the requirement for providing emergency medical 17 service may be rescinded by resolution of the board of township 18 trustees, upon a finding that the emergency medical service 19 being provided has not been beneficial or is unnecessary. If 20 the requirement for providing emergency medical service is 21 rescinded by resolution of the board and the township ceases 22 to provide emergency medical service, the authorization 23 for imposition of a higher additional annual tax rate is 24 terminated. 25 Current Code section 359.43 authorizes township trustees 26 to levy an annual tax not exceeding 40.5 cents per $1,000 27 of assessed value of the taxable property in the township, 28 excluding property within a benefited fire district or within 29 the corporate limits of a city, for the purpose of providing 30 fire protection service and emergency medical service for the 31 township. If the 40.5-cent levy is insufficient to provide the 32 services authorized or required, the township trustees may levy 33 an additional annual tax not exceeding 20.25 cents per $1,000 34 of assessed value. 35 -7- LSB 5918HZ (3) 87 md/rj 7/ 8

H.F. 2479 The bill authorizes the township trustees to impose the 1 additional annual tax at a rate not exceeding the 40.25 cents 2 per $1,000 of assessed value if the trustees of the township 3 are providing emergency medical service for the township and 4 if the authority to impose the higher additional annual tax 5 rate is approved at election. The board of township trustees 6 may on its own motion, and upon receipt of a valid petition 7 shall, direct the county commissioner of elections to submit to 8 the registered voters of the township in the areas where the 9 additional annual tax is imposed, the proposition of levying 10 the higher additional annual tax rate for a period of time 11 stated in the proposition. The election is required to be held 12 at the next general election following adoption of the board’s 13 motion or receipt of the valid petition and may be included 14 on the same ballot as a proposition requiring the township to 15 provide emergency medical service under Code section 359.44, as 16 enacted in the bill. The proposition is adopted if a majority 17 of those voting on the proposition at the election approves it. 18 An extension of the period of time for the authorization to 19 impose the higher additional annual tax rate or rescission of 20 the authorization to impose the higher additional annual tax 21 rate may be completed using the same procedure as is required 22 for initial approval. However, the authorization to impose 23 a higher additional annual tax rate may also be rescinded by 24 resolution of the board of township trustees. 25 By operation of law, the bill applies to a county that has, 26 by resolution under Code section 331.385, assumed the exercise 27 of the powers and duties of township trustees relating to 28 fire protection service and emergency medical service for any 29 township located in the unincorporated area of the county. 30 -8- LSB 5918HZ (3) 87 md/rj 8/ 8