House File 466 - Introduced HOUSE FILE 466 BY NIELSEN 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 2404YH (4) 88 md/rn
H.F. 466 Section 1. Section 359.42, Code 2019, 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 may provide emergency medical 8 service. However, except as otherwise provided in section 9 331.385, the trustees of a township shall provide emergency 10 medical service for the township if required to do so by a 11 proposition approved under section 359.44. The trustees may 12 purchase, own, rent, or maintain fire protection service or 13 emergency medical service apparatus or equipment or both 14 kinds of apparatus or equipment and provide housing for the 15 equipment. The trustees of a township which is located within 16 a county having a population of three hundred thousand or 17 more may also establish and maintain an emergency warning 18 system within the township. The trustees may contract with a 19 public or private agency under chapter 28E for the purpose of 20 providing any service or system required or authorized under 21 this section . 22 Sec. 2. Section 359.43, subsection 2, Code 2019, is amended 23 to read as follows: 24 2. a. If the levy authorized under subsection 1 is 25 insufficient to provide the services authorized or required 26 under section 359.42 , the township trustees may levy an 27 additional annual tax not exceeding twenty and one-fourth cents 28 per thousand dollars of assessed value of the taxable property 29 in the township, excluding any property within the corporate 30 limits of a city, to provide the services. 31 b. (1) The additional annual tax authorized under paragraph 32 “a” may be imposed at a rate not exceeding forty and one-fourth 33 cents per thousand dollars of assessed value if the trustees of 34 the township are providing emergency medical service for the 35 -1- LSB 2404YH (4) 88 md/rn 1/ 8
H.F. 466 township and if the authority to impose the higher additional 1 annual tax rate is approved at election. 2 (2) (a) The board of township trustees may on its own 3 motion, and upon receipt of a valid petition shall, direct the 4 county commissioner of elections to submit to the registered 5 voters of the township in the areas where the additional 6 annual tax is imposed, the proposition of levying the higher 7 additional annual tax rate for a period of time stated in the 8 proposition. 9 (b) A valid petition shall be signed by eligible electors of 10 the township residing outside the corporate limits of a city 11 equal in number to at least twenty-five percent of the number 12 of votes cast in the township outside the corporate limits 13 of a city for the office of president of the United States 14 or governor at the preceding general election. The petition 15 shall include the signatures of the petitioners, a statement 16 of their place of residence, and the date on which they signed 17 the petition. 18 (c) The election shall be held at the next general election 19 following adoption of the board’s motion or receipt of the 20 valid petition and may be included on the same ballot as a 21 proposition submitted to the voters under section 359.44. 22 However, a petition authorized by this section shall be filed 23 not later than eighty-two days before the date of the general 24 election if the proposition is to be voted upon at the general 25 election. If a valid petition is filed after that date, the 26 proposition shall be voted on at the general election following 27 the next general election. 28 (d) A petition shall be examined before it is accepted for 29 filing. If it appears valid on its face, it shall be accepted 30 for filing. If it lacks the required number of signatures, it 31 shall be returned to the petitioners. 32 (e) Petitions which have been accepted for filing are 33 valid unless written objections are filed. Objections must be 34 filed with the county auditor within five working days after 35 -2- LSB 2404YH (4) 88 md/rn 2/ 8
H.F. 466 the petition was filed. The objection process in section 1 44.7 shall be followed for objections filed pursuant to this 2 section. 3 c. The proposition is adopted if a majority of those 4 voting on the proposition at the election approves it. If the 5 proposition is approved at election, the township trustees may 6 impose the additional annual tax authorized under paragraph “a” 7 at a rate not exceeding forty and one-fourth cents per thousand 8 dollars for the period of time approved at election, beginning 9 with the fiscal year beginning July 1 following the general 10 election at which the proposition was approved. 11 d. The proposition is not affected by a change in the 12 boundaries of the township. 13 e. An extension of the period of time for the authorization 14 to impose the higher additional annual tax rate or rescission 15 of the authorization to impose the higher additional annual tax 16 rate may be completed using the same procedure as is required 17 for initial approval. However, the authorization to impose the 18 higher additional annual tax rate may also be rescinded under 19 section 359.44, subsection 7. 20 Sec. 3. 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 but not less than four years. 34 b. A valid petition shall be signed by eligible electors of 35 -3- LSB 2404YH (4) 88 md/rn 3/ 8
H.F. 466 the township residing outside the corporate limits of a city 1 equal in number to at least twenty-five percent of the number 2 of votes cast in the township outside the corporate limits 3 of a city for the office of president of the United States 4 or governor at the preceding general election. The petition 5 shall include the signatures of the petitioners, a statement 6 of their place of residence, and the date on which they signed 7 the petition. 8 c. The election shall be held at the next general election 9 following adoption of the board’s motion or receipt of the 10 valid petition. However, a petition authorized by this section 11 shall be filed not later than eighty-two days before the date 12 of the general election if the proposition is to be voted upon 13 at the general election. If a valid petition is filed after 14 that date, the proposition shall be voted on at the general 15 election following the next general election. 16 d. A petition shall be examined before it is accepted for 17 filing. If it appears valid on its face, it shall be accepted 18 for filing. If it lacks the required number of signatures, it 19 shall be returned to the petitioners. 20 e. Petitions which have been accepted for filing are valid 21 unless written objections are filed. Objections must be 22 filed with the county auditor within five working days after 23 the petition was filed. The objection process in section 24 44.7 shall be followed for objections filed pursuant to this 25 section. 26 2. The question shall be submitted to the voters in 27 substantially the following form: 28 Shall the township of ............... , in ............... 29 County, Iowa, be required to provide emergency medical 30 service to those areas of ............... township outside the 31 corporate limits of a city and outside the areas receiving 32 emergency medical service from another political subdivision 33 of this state and provide such service through imposition of 34 a property tax in those areas of the township outside the 35 -4- LSB 2404YH (4) 88 md/rn 4/ 8
H.F. 466 corporate limits of a city? 1 3. The proposition to impose a higher additional annual tax 2 pursuant to section 359.43, subsection 2, shall be included on 3 the ballot and submitted to the voters at the same election as 4 the proposition to require the township to provide emergency 5 medical service under this section. 6 4. The proposition is adopted if a majority of those 7 voting on the proposition at the election approves it. If the 8 proposition is approved at election, the township trustees 9 shall provide emergency medical service to all areas of the 10 township outside the corporate limits of a city and those areas 11 not otherwise receiving such service under chapter 357F or 357J 12 using methods and funding authorized in sections 359.42 and 13 359.43 for the period of time approved at election, beginning 14 with the fiscal year beginning July 1 following the general 15 election at which the proposition was approved. 16 5. The proposition is not affected by a change in the 17 boundaries of the township. 18 6. An extension of the period of time for requiring the 19 township to provide emergency medical service under this 20 section or the rescission of the requirement to provide 21 emergency medical service may be completed using the same 22 procedure as is required for initial approval. 23 7. In lieu of the procedure under subsection 6, the 24 requirement for providing emergency medical service under this 25 section may be rescinded by resolution of the board of township 26 trustees, upon a finding that the emergency medical service 27 being provided has not been beneficial or is unnecessary. 28 If the requirement for providing emergency medical service 29 is rescinded under this subsection and the township ceases 30 to provide emergency medical service, the authorization for 31 imposition of a higher additional annual tax rate under section 32 359.43, subsection 2, paragraph “b” , is terminated. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -5- LSB 2404YH (4) 88 md/rn 5/ 8
H.F. 466 the explanation’s substance by the members of the general assembly. 1 Current law authorizes but does not require the board of 2 township trustees to provide emergency medical service for 3 the township and to fund such service through imposition of 4 a property tax levy. This bill establishes a process for 5 voter approval of a proposition to require a board of township 6 trustees to provide emergency medical service to specified 7 areas of the township. 8 The bill provides that unless the county is providing 9 emergency medical service to a township pursuant to Code 10 section 331.385, the board of township trustees may on its own 11 motion, and upon receipt of a valid petition shall, direct the 12 county commissioner of elections to submit to the registered 13 voters of the township, excluding those areas of the township 14 within corporate boundaries of a city, the proposition of 15 requiring the township to provide emergency medical service to 16 those areas of the township outside the corporate limits of a 17 city and outside those areas being provided emergency medical 18 service under Code chapter 357F (benefited emergency medical 19 services district) or 357J (emergency response district) for a 20 period of time stated in the proposition but not less than four 21 years. 22 A valid petition must be signed by eligible electors of 23 the township residing outside the corporate limits of a city 24 equal in number to at least 25 percent of the number of votes 25 cast in the township outside the corporate limits of a city 26 for the office of president of the United States or governor 27 at the preceding general election. The election to vote on 28 the proposition is required to be held at the next general 29 election following adoption of the board’s motion or receipt of 30 the valid petition, subject to a filing deadline specified in 31 the bill. The bill also specifies the process for filing and 32 hearing objections to the petition and the form of the question 33 that appears on the ballot. 34 A proposition is adopted if a majority of those voting on the 35 -6- LSB 2404YH (4) 88 md/rn 6/ 8
H.F. 466 proposition at the election approves it. If the proposition 1 is approved at election, the township trustees are required 2 to provide emergency medical service to those specified areas 3 of the township using methods and funding authorized in Code 4 sections 359.42 and 359.43 for the period of time approved 5 at election, beginning with the fiscal year beginning July 1 6 following the general election at which the proposition was 7 approved. The bill also requires that the proposition to 8 impose a higher additional annual tax pursuant to Code section 9 359.43(2), as amended in the bill, shall be included on the 10 ballot and submitted to the voters at the same election as 11 the proposition to require the township to provide emergency 12 medical service. 13 An extension of the period of time for requiring the township 14 to provide emergency medical service or the rescission of the 15 requirement to provide emergency medical service under the bill 16 may be completed using the same procedure as is required for 17 initial approval. In lieu of such process required for initial 18 approval, the requirement for providing emergency medical 19 service may be rescinded by resolution of the board of township 20 trustees, upon a finding that the emergency medical service 21 being provided has not been beneficial or is unnecessary. If 22 the requirement for providing emergency medical service is 23 rescinded by resolution of the board and the township ceases 24 to provide emergency medical service, the authorization 25 for imposition of a higher additional annual tax rate is 26 terminated. 27 Current Code section 359.43 authorizes township trustees 28 to levy an annual tax not exceeding 40.5 cents per $1,000 29 of assessed value of the taxable property in the township, 30 excluding property within a benefited fire district or within 31 the corporate limits of a city, for the purpose of providing 32 fire protection service and emergency medical service for the 33 township. If the 40.5-cent levy is insufficient to provide the 34 services authorized or required, the township trustees may levy 35 -7- LSB 2404YH (4) 88 md/rn 7/ 8
H.F. 466 an additional annual tax not exceeding 20.25 cents per $1,000 1 of assessed value. 2 The bill authorizes the township trustees to impose the 3 additional annual tax at a rate not exceeding the 40.25 cents 4 per $1,000 of assessed value if the trustees of the township 5 are providing emergency medical service for the township and 6 if the authority to impose the higher additional annual tax 7 rate is approved at election. The board of township trustees 8 may on its own motion, and upon receipt of a valid petition 9 shall, direct the county commissioner of elections to submit to 10 the registered voters of the township in the areas where the 11 additional annual tax is imposed, the proposition of levying 12 the higher additional annual tax rate for a period of time 13 stated in the proposition. The election is required to be held 14 at the next general election following adoption of the board’s 15 motion or receipt of the valid petition and may be included 16 on the same ballot as a proposition requiring the township to 17 provide emergency medical service under Code section 359.44, as 18 enacted in the bill. The proposition is adopted if a majority 19 of those voting on the proposition at the election approves it. 20 An extension of the period of time for the authorization to 21 impose the higher additional annual tax rate or rescission of 22 the authorization to impose the higher additional annual tax 23 rate may be completed using the same procedure as is required 24 for initial approval. However, the authorization to impose 25 a higher additional annual tax rate may also be rescinded by 26 resolution of the board of township trustees. 27 By operation of law, the bill applies to a county that has, 28 by resolution under Code section 331.385, assumed the exercise 29 of the powers and duties of township trustees relating to 30 fire protection service and emergency medical service for any 31 township located in the unincorporated area of the county. 32 -8- LSB 2404YH (4) 88 md/rn 8/ 8