House File 2479 - Reprinted HOUSE FILE 2479 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 2454) (SUCCESSOR TO HF 2215) (As Amended and Passed by the House April 18, 2018 ) 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 HF 2479 (4) 87 md/rj/md
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 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. NEW SECTION . 359.44 Emergency medical service —— 23 motion or petition —— election. 24 1. a. Unless the county is providing emergency medical 25 service to a township pursuant to section 331.385, the board 26 of township trustees may on its own motion, and upon receipt 27 of a valid petition shall, direct the county commissioner of 28 elections to submit to the registered voters of the township, 29 excluding those areas of the township within corporate 30 boundaries of a city, the proposition of requiring the township 31 to provide emergency medical service to those areas of the 32 township outside the corporate limits of a city and outside 33 those areas being provided emergency medical service under 34 chapter 357F or 357J for a period of time stated in the 35 -1- HF 2479 (4) 87 md/rj/md 1/ 3
H.F. 2479 proposition but not less than four years. 1 b. A valid petition shall be signed by eligible electors of 2 the township residing outside the corporate limits of a city 3 equal in number to at least twenty-five percent of the number 4 of votes cast in the township outside the corporate limits 5 of a city for the office of president of the United States 6 or governor at the preceding general election. The petition 7 shall include the signatures of the petitioners, a statement 8 of their place of residence, and the date on which they signed 9 the petition. 10 c. The election shall be held at the next general election 11 following adoption of the board’s motion or receipt of the 12 valid petition. However, a petition authorized by this section 13 shall be filed not later than eighty-two days before the date 14 of the general election if the proposition is to be voted upon 15 at the general election. If a valid petition is filed after 16 that date, the proposition shall be voted on at the general 17 election following the next general election. 18 d. A petition shall be examined before it is accepted for 19 filing. If it appears valid on its face, it shall be accepted 20 for filing. If it lacks the required number of signatures, it 21 shall be returned to the petitioners. 22 e. Petitions which have been accepted for filing are valid 23 unless written objections are filed. Objections must be 24 filed with the county auditor within five working days after 25 the petition was filed. The objection process in section 26 44.7 shall be followed for objections filed pursuant to this 27 section. 28 2. The question shall be submitted to the voters in 29 substantially the following form: 30 Shall the township of ............... , in ............... 31 County, Iowa, be required to provide emergency medical 32 service to those areas of ............... township outside the 33 corporate limits of a city and outside the areas receiving 34 emergency medical service from another political subdivision 35 -2- HF 2479 (4) 87 md/rj/md 2/ 3
H.F. 2479 of this state and provide such service through imposition of 1 a property tax in those areas of the township outside the 2 corporate limits of a city? 3 3. 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 6 shall provide emergency medical service to all areas of the 7 township outside the corporate limits of a city and those areas 8 not otherwise receiving such service under chapter 357F or 357J 9 using methods and funding authorized in sections 359.42 and 10 359.43 for the period of time approved at election, beginning 11 with the fiscal year beginning July 1 following the general 12 election at which the proposition was approved. 13 4. The proposition is not affected by a change in the 14 boundaries of the township. 15 5. An extension of the period of time for requiring the 16 township to provide emergency medical service under this 17 section or the rescission of the requirement to provide 18 emergency medical service may be completed using the same 19 procedure as is required for initial approval. 20 6. In lieu of the procedure under subsection 5, the 21 requirement for providing emergency medical service under this 22 section may be rescinded by resolution of the board of township 23 trustees, upon a finding that the emergency medical service 24 being provided has not been beneficial or is unnecessary. 25 -3- HF 2479 (4) 87 md/rj/md 3/ 3