HF 693 (LSB 2404HV (1) 88)

HOUSE FILE 693

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO HF 466)

A BILL FOR

An Act establishing processes for voter approval of a proposition to require a township to provide emergency medical service and for voter approval of a higher additional annual property tax levy rate for the provision of township services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 359.42, Code 2019, is amended to read as follows:
   359.42  Township fire protection service, emergency warning system, and emergency medical service.
   Except as otherwise provided in section 331.385, the trustees of each township shall provide fire protection service for the township, exclusive of any part of the township within a benefited fire district and may provide emergency medical service.  However, except as otherwise provided in section 331.385, the trustees of a township shall provide emergency medical service for the township if required to do so by a proposition approved under section 359.44. The trustees may purchase, own, rent, or maintain fire protection service or emergency medical service apparatus or equipment or both kinds of apparatus or equipment and provide housing for the equipment. The trustees of a township which is located within a county having a population of three hundred thousand or more may also establish and maintain an emergency warning system within the township. The trustees may contract with a public or private agency under chapter 28E for the purpose of providing any service or system required or authorized under this section.
    Sec. 2.  Section 359.43, subsection 2, Code 2019, is amended to read as follows:
   2.  a.  If the levy authorized under subsection 1 is insufficient to provide the services authorized or required under section 359.42, the township trustees may levy an additional annual tax not exceeding twenty and one-fourth cents per thousand dollars of assessed value of the taxable property in the township, excluding any property within the corporate limits of a city, to provide the services.
   b.  (1)  The additional annual tax authorized under paragraph “a” may be imposed at a rate not exceeding forty and one-fourth cents per thousand dollars of assessed value if the trustees of the township are providing emergency medical service for the township and if the authority to impose the higher additional annual tax rate is approved at election.
   (2)  (a)  The board of township trustees may on its own motion, and upon receipt of a valid petition shall, direct the county commissioner of elections to submit to the registered voters of the township in the areas where the additional annual tax is imposed, the proposition of levying the higher additional annual tax rate for a period of time stated in the proposition.
   (b)  A valid petition shall be signed by eligible electors of the township residing outside the corporate limits of a city equal in number to at least twenty-five percent of the number of votes cast in the township outside the corporate limits of a city for the office of president of the United States or governor at the preceding general election. The petition shall include the signatures of the petitioners, a statement of their place of residence, and the date on which they signed the petition.
   (c)  The election shall be held at the next general election following adoption of the board’s motion or receipt of the valid petition and may be included on the same ballot as a proposition submitted to the voters under section 359.44. However, a petition authorized by this section shall be filed not later than eighty-two days before the date of the general election if the proposition is to be voted upon at the general election. If a valid petition is filed after that date, the proposition shall be voted on at the general election following the next general election.
   (d)  A petition shall be examined before it is accepted for filing. If it appears valid on its face, it shall be accepted for filing. If it lacks the required number of signatures, it shall be returned to the petitioners.
   (e)  Petitions which have been accepted for filing are valid unless written objections are filed. Objections must be filed with the county auditor within five working days after the petition was filed. The objection process in section 44.7 shall be followed for objections filed pursuant to this section.
   c.  The proposition is adopted if a majority of those voting on the proposition at the election approves it. If the proposition is approved at election, the township trustees may impose the additional annual tax authorized under paragraph “a” at a rate not exceeding forty and one-fourth cents per thousand dollars for the period of time approved at election, beginning with the fiscal year beginning July 1 following the general election at which the proposition was approved.
   d.  The proposition is not affected by a change in the boundaries of the township.
   e.  An extension of the period of time for the authorization to impose the higher additional annual tax rate or rescission of the authorization to impose the higher additional annual tax rate may be completed using the same procedure as is required for initial approval. However, the authorization to impose the higher additional annual tax rate may also be rescinded under section 359.44, subsection 7.
    Sec. 3.  NEW SECTION.  359.44  Emergency medical service —— motion or petition —— election.
   1.  a.  Unless the county is providing emergency medical service to a township pursuant to section 331.385, the board of township trustees may on its own motion, and upon receipt of a valid petition shall, direct the county commissioner of elections to submit to the registered voters of the township, excluding those areas of the township within corporate boundaries of a city, the proposition of requiring the township to provide emergency medical service to those areas of the township outside the corporate limits of a city and outside those areas being provided emergency medical service under chapter 357F or 357J for a period of time stated in the proposition but not less than four years.
   b.  A valid petition shall be signed by eligible electors of the township residing outside the corporate limits of a city equal in number to at least twenty-five percent of the number of votes cast in the township outside the corporate limits of a city for the office of president of the United States or governor at the preceding general election. The petition shall include the signatures of the petitioners, a statement of their place of residence, and the date on which they signed the petition.
   c.  The election shall be held at the next general election following adoption of the board’s motion or receipt of the valid petition. However, a petition authorized by this section shall be filed not later than eighty-two days before the date of the general election if the proposition is to be voted upon at the general election. If a valid petition is filed after that date, the proposition shall be voted on at the general election following the next general election.
   d.  A petition shall be examined before it is accepted for filing. If it appears valid on its face, it shall be accepted for filing. If it lacks the required number of signatures, it shall be returned to the petitioners.
   e.  Petitions which have been accepted for filing are valid unless written objections are filed. Objections must be filed with the county auditor within five working days after the petition was filed. The objection process in section 44.7 shall be followed for objections filed pursuant to this section.
   2.  The question shall be submitted to the voters in substantially the following form:
Shall the township of ..............., in ............... County, Iowa, be required to provide emergency medical service to those areas of ............... township outside the corporate limits of a city and outside the areas receiving emergency medical service from another political subdivision of this state and provide such service through imposition of a property tax in those areas of the township outside the corporate limits of a city?

   3.  The proposition to impose a higher additional annual tax pursuant to section 359.43, subsection 2, shall be included on the ballot and submitted to the voters at the same election as the proposition to require the township to provide emergency medical service under this section.
   4.  The proposition is adopted if a majority of those voting on the proposition at the election approves it. If the proposition is approved at election, the township trustees shall provide emergency medical service to all areas of the township outside the corporate limits of a city and those areas not otherwise receiving such service under chapter 357F or 357J using methods and funding authorized in sections 359.42 and 359.43 for the period of time approved at election, beginning with the fiscal year beginning July 1 following the general election at which the proposition was approved.
   5.  The proposition is not affected by a change in the boundaries of the township.
   6.  An extension of the period of time for requiring the township to provide emergency medical service under this section or the rescission of the requirement to provide emergency medical service may be completed using the same procedure as is required for initial approval.
   7.  In lieu of the procedure under subsection 6, the requirement for providing emergency medical service under this section may be rescinded by resolution of the board of township trustees, upon a finding that the emergency medical service being provided has not been beneficial or is unnecessary. If the requirement for providing emergency medical service is rescinded under this subsection and the township ceases to provide emergency medical service, the authorization for imposition of a higher additional annual tax rate under section 359.43, subsection 2, paragraph “b”, is terminated.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Current law authorizes but does not require the board of township trustees to provide emergency medical service for the township and to fund such service through imposition of a property tax levy. This bill establishes a process for voter approval of a proposition to require a board of township trustees to provide emergency medical service to specified areas of the township.
   The bill provides that unless the county is providing emergency medical service to a township pursuant to Code section 331.385, the board of township trustees may on its own motion, and upon receipt of a valid petition shall, direct the county commissioner of elections to submit to the registered voters of the township, excluding those areas of the township within corporate boundaries of a city, the proposition of requiring the township to provide emergency medical service to those areas of the township outside the corporate limits of a city and outside those areas being provided emergency medical service under Code chapter 357F (benefited emergency medical services district) or 357J (emergency response district) for a period of time stated in the proposition but not less than four years.
   A valid petition must be signed by eligible electors of the township residing outside the corporate limits of a city equal in number to at least 25 percent of the number of votes cast in the township outside the corporate limits of a city for the office of president of the United States or governor at the preceding general election. The election to vote on the proposition is required to be held at the next general election following adoption of the board’s motion or receipt of the valid petition, subject to a filing deadline specified in the bill. The bill also specifies the process for filing and hearing objections to the petition and the form of the question that appears on the ballot.
   A proposition is adopted if a majority of those voting on the proposition at the election approves it. If the proposition is approved at election, the township trustees are required to provide emergency medical service to those specified areas of the township using methods and funding authorized in Code sections 359.42 and 359.43 for the period of time approved at election, beginning with the fiscal year beginning July 1 following the general election at which the proposition was approved. The bill also requires that the proposition to impose a higher additional annual tax pursuant to Code section 359.43(2), as amended in the bill, shall be included on the ballot and submitted to the voters at the same election as the proposition to require the township to provide emergency medical service.
   An extension of the period of time for requiring the township to provide emergency medical service or the rescission of the requirement to provide emergency medical service under the bill may be completed using the same procedure as is required for initial approval. In lieu of such process required for initial approval, the requirement for providing emergency medical service may be rescinded by resolution of the board of township trustees, upon a finding that the emergency medical service being provided has not been beneficial or is unnecessary. If the requirement for providing emergency medical service is rescinded by resolution of the board and the township ceases to provide emergency medical service, the authorization for imposition of a higher additional annual tax rate is terminated.
   Current Code section 359.43 authorizes township trustees to levy an annual tax not exceeding 40.5 cents per $1,000 of assessed value of the taxable property in the township, excluding property within a benefited fire district or within the corporate limits of a city, for the purpose of providing fire protection service and emergency medical service for the township. If the 40.5-cent levy is insufficient to provide the services authorized or required, the township trustees may levy an additional annual tax not exceeding 20.25 cents per $1,000 of assessed value.
   The bill authorizes the township trustees to impose the additional annual tax at a rate not exceeding the 40.25 cents per $1,000 of assessed value if the trustees of the township are providing emergency medical service for the township and if the authority to impose the higher additional annual tax rate is approved at election. The board of township trustees may on its own motion, and upon receipt of a valid petition shall, direct the county commissioner of elections to submit to the registered voters of the township in the areas where the additional annual tax is imposed, the proposition of levying the higher additional annual tax rate for a period of time stated in the proposition. The election is required to be held at the next general election following adoption of the board’s motion or receipt of the valid petition and may be included on the same ballot as a proposition requiring the township to provide emergency medical service under Code section 359.44, as enacted in the bill. The proposition is adopted if a majority of those voting on the proposition at the election approves it. An extension of the period of time for the authorization to impose the higher additional annual tax rate or rescission of the authorization to impose the higher additional annual tax rate may be completed using the same procedure as is required for initial approval. However, the authorization to impose a higher additional annual tax rate may also be rescinded by resolution of the board of township trustees. 
   By operation of law, the bill applies to a county that has, by resolution under Code section 331.385, assumed the exercise of the powers and duties of township trustees relating to fire protection service and emergency medical service for any township located in the unincorporated area of the county.