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Senate File 55 - IntroducedA Bill ForAn Act 1establishing a process for voter approval of a
2proposition to require a township to provide emergency
3medical service.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.385, subsection 2, Code 2019, is
2amended to read as follows:
32. The board of supervisors shall publish notice of the
4proposed resolution, and of a public hearing to be held on the
5proposed resolution, in a newspaper of general circulation
6in the county at least ten days but no more than twenty days
7before the date of the public hearing. If, after notice and
8hearing, the resolution is adopted, the board of supervisors
9shall assume the exercise of the powers and duties of township
10trustees relating to fire protection service and emergency
11medical service as set forth in sections 359.42 through,
12359.43, and 359.45.
13 Sec. 2. Section 359.42, Code 2019, is amended to read as
14follows:
15359.42 Township fire protection service, emergency warning
16system, and emergency medical service.
17Except as otherwise provided in section 331.385, the
18trustees of each township shall provide fire protection service
19for the township, exclusive of any part of the township within
20a benefited fire district and may provide emergency medical
21service. However, except as otherwise provided in section
22331.385, the trustees of a township shall provide emergency
23medical service for the township if required to do so by a
24proposition approved under section 359.44. The trustees may
25purchase, own, rent, or maintain fire protection service or
26emergency medical service apparatus or equipment or both
27kinds of apparatus or equipment and provide housing for the
28equipment. The trustees of a township which is located within
29a county having a population of three hundred thousand or
30more may also establish and maintain an emergency warning
31system within the township. The trustees may contract with a
32public or private agency under chapter 28E for the purpose of
33providing any service or system required or authorized under
34this section.
35 Sec. 3. NEW SECTION. 359.44 Emergency medical service —
-1-1motion or petition — election.
21. a. Unless the county is providing emergency medical
3service to a township pursuant to section 331.385, the board
4of township trustees may on its own motion, and upon receipt
5of a valid petition shall, direct the county commissioner of
6elections to submit to the registered voters of the township,
7excluding those areas of the township within corporate
8boundaries of a city, the proposition of requiring the township
9to provide emergency medical service to those areas of the
10township outside the corporate limits of a city and outside
11those areas being provided emergency medical service under
12chapter 357F or 357J for a period of time stated in the
13proposition not to exceed ten years but not less than four
14years.
15b. A valid petition shall be signed by eligible electors of
16the township residing outside the corporate limits of a city
17equal in number to at least twenty-five percent of the number
18of votes cast in the township outside the corporate limits
19of a city for the office of president of the United States
20or governor at the preceding general election. The petition
21shall include the signatures of the petitioners, a statement
22of their place of residence, and the date on which they signed
23the petition.
24c. The election shall be held at the next general election
25following adoption of the board’s motion or receipt of the
26valid petition. However, a petition authorized by this section
27shall be filed not later than eighty-two days before the date
28of the general election if the proposition is to be voted upon
29at the general election. If a valid petition is filed after
30that date, the proposition shall be voted on at the general
31election following the next general election.
32d. A petition shall be examined before it is accepted for
33filing. If it appears valid on its face, it shall be accepted
34for filing. If it lacks the required number of signatures, it
35shall be returned to the petitioners.
-2- 1e. Petitions which have been accepted for filing are valid
2unless written objections are filed. Objections must be
3filed with the county auditor within five working days after
4the petition was filed. The objection process in section
544.7 shall be followed for objections filed pursuant to this
6section.
72. The question shall be submitted to the voters in
8substantially the following form:
9Shall the township of , in
10County, Iowa, be required to provide emergency medical
11service to those areas of township outside the
12corporate limits of a city and outside the areas receiving
13emergency medical service from another political subdivision
14of this state and provide such service through imposition of
15a property tax in those areas of the township outside the
16corporate limits of a city?
173. The proposition is adopted if a majority of those
18voting on the proposition at the election approves it. If the
19proposition is approved at election, the township trustees
20shall provide emergency medical service to all areas of the
21township outside the corporate limits of a city and those areas
22not otherwise receiving such service under chapter 357F or 357J
23using methods and funding authorized in sections 359.42 and
24359.43 for the period of time approved at election, beginning
25with the fiscal year beginning July 1 following the general
26election at which the proposition was approved.
274. The proposition is not affected by a change in the
28boundaries of the township.
295. An extension of the period of time for requiring the
30township to provide emergency medical service under this
31section or the rescission of the requirement to provide
32emergency medical service may be completed using the same
33procedure as is required for initial approval.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-3-1the explanation’s substance by the members of the general assembly.
2Current law authorizes but does not require the board of
3township trustees to provide emergency medical service for
4the township and to fund such service through imposition of
5a property tax levy. This bill establishes a process for
6voter approval of a proposition to require a board of township
7trustees to provide emergency medical service to specified
8areas of the township.
9The bill provides that unless the county is providing
10emergency medical service to a township pursuant to Code
11section 331.385, the board of township trustees may on its own
12motion, and upon receipt of a valid petition shall, direct the
13county commissioner of elections to submit to the registered
14voters of the township, excluding those areas of the township
15within corporate boundaries of a city, the proposition of
16requiring the township to provide emergency medical service to
17those areas of the township outside the corporate limits of a
18city and outside those areas being provided emergency medical
19service under Code chapter 357F (benefited emergency medical
20services district) or 357J (emergency response district) for a
21period of time stated in the proposition not to exceed 10 years
22but not less than four years.
23A valid petition must be signed by eligible electors of
24the township residing outside the corporate limits of a city
25equal in number to at least 25 percent of the number of votes
26cast in the township outside the corporate limits of a city
27for the office of president of the United States or governor
28at the preceding general election. The election to vote on
29the proposition is required to be held at the next general
30election following adoption of the board’s motion or receipt of
31the valid petition, subject to a filing deadline specified in
32the bill. The bill also specifies the process for filing and
33hearing objections to the petition and the form of the question
34that appears on the ballot.
35A proposition is adopted if a majority of those voting on the
-4-1proposition at the election approves it. If the proposition
2is approved at election, the township trustees are required
3to provide emergency medical service to those specified areas
4of the township using methods and funding authorized in Code
5sections 359.42 and 359.43 for the period of time approved
6at election, beginning with the fiscal year beginning July 1
7following the general election at which the proposition was
8approved.
9An extension of the period of time for requiring the township
10to provide emergency medical service or the rescission of
11the requirement to provide emergency medical service may be
12completed using the same procedure as is required for initial
13approval.
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2proposition to require a township to provide emergency
3medical service.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.385, subsection 2, Code 2019, is
2amended to read as follows:
32. The board of supervisors shall publish notice of the
4proposed resolution, and of a public hearing to be held on the
5proposed resolution, in a newspaper of general circulation
6in the county at least ten days but no more than twenty days
7before the date of the public hearing. If, after notice and
8hearing, the resolution is adopted, the board of supervisors
9shall assume the exercise of the powers and duties of township
10trustees relating to fire protection service and emergency
11medical service as set forth in sections 359.42 through,
12359.43, and 359.45.
13 Sec. 2. Section 359.42, Code 2019, is amended to read as
14follows:
15359.42 Township fire protection service, emergency warning
16system, and emergency medical service.
17Except as otherwise provided in section 331.385, the
18trustees of each township shall provide fire protection service
19for the township, exclusive of any part of the township within
20a benefited fire district and may provide emergency medical
21service. However, except as otherwise provided in section
22331.385, the trustees of a township shall provide emergency
23medical service for the township if required to do so by a
24proposition approved under section 359.44. The trustees may
25purchase, own, rent, or maintain fire protection service or
26emergency medical service apparatus or equipment or both
27kinds of apparatus or equipment and provide housing for the
28equipment. The trustees of a township which is located within
29a county having a population of three hundred thousand or
30more may also establish and maintain an emergency warning
31system within the township. The trustees may contract with a
32public or private agency under chapter 28E for the purpose of
33providing any service or system required or authorized under
34this section.
35 Sec. 3. NEW SECTION. 359.44 Emergency medical service —
-1-1motion or petition — election.
21. a. Unless the county is providing emergency medical
3service to a township pursuant to section 331.385, the board
4of township trustees may on its own motion, and upon receipt
5of a valid petition shall, direct the county commissioner of
6elections to submit to the registered voters of the township,
7excluding those areas of the township within corporate
8boundaries of a city, the proposition of requiring the township
9to provide emergency medical service to those areas of the
10township outside the corporate limits of a city and outside
11those areas being provided emergency medical service under
12chapter 357F or 357J for a period of time stated in the
13proposition not to exceed ten years but not less than four
14years.
15b. A valid petition shall be signed by eligible electors of
16the township residing outside the corporate limits of a city
17equal in number to at least twenty-five percent of the number
18of votes cast in the township outside the corporate limits
19of a city for the office of president of the United States
20or governor at the preceding general election. The petition
21shall include the signatures of the petitioners, a statement
22of their place of residence, and the date on which they signed
23the petition.
24c. The election shall be held at the next general election
25following adoption of the board’s motion or receipt of the
26valid petition. However, a petition authorized by this section
27shall be filed not later than eighty-two days before the date
28of the general election if the proposition is to be voted upon
29at the general election. If a valid petition is filed after
30that date, the proposition shall be voted on at the general
31election following the next general election.
32d. A petition shall be examined before it is accepted for
33filing. If it appears valid on its face, it shall be accepted
34for filing. If it lacks the required number of signatures, it
35shall be returned to the petitioners.
-2- 1e. Petitions which have been accepted for filing are valid
2unless written objections are filed. Objections must be
3filed with the county auditor within five working days after
4the petition was filed. The objection process in section
544.7 shall be followed for objections filed pursuant to this
6section.
72. The question shall be submitted to the voters in
8substantially the following form:
9Shall the township of , in
10County, Iowa, be required to provide emergency medical
11service to those areas of township outside the
12corporate limits of a city and outside the areas receiving
13emergency medical service from another political subdivision
14of this state and provide such service through imposition of
15a property tax in those areas of the township outside the
16corporate limits of a city?
173. The proposition is adopted if a majority of those
18voting on the proposition at the election approves it. If the
19proposition is approved at election, the township trustees
20shall provide emergency medical service to all areas of the
21township outside the corporate limits of a city and those areas
22not otherwise receiving such service under chapter 357F or 357J
23using methods and funding authorized in sections 359.42 and
24359.43 for the period of time approved at election, beginning
25with the fiscal year beginning July 1 following the general
26election at which the proposition was approved.
274. The proposition is not affected by a change in the
28boundaries of the township.
295. An extension of the period of time for requiring the
30township to provide emergency medical service under this
31section or the rescission of the requirement to provide
32emergency medical service may be completed using the same
33procedure as is required for initial approval.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-3-1the explanation’s substance by the members of the general assembly.
2Current law authorizes but does not require the board of
3township trustees to provide emergency medical service for
4the township and to fund such service through imposition of
5a property tax levy. This bill establishes a process for
6voter approval of a proposition to require a board of township
7trustees to provide emergency medical service to specified
8areas of the township.
9The bill provides that unless the county is providing
10emergency medical service to a township pursuant to Code
11section 331.385, the board of township trustees may on its own
12motion, and upon receipt of a valid petition shall, direct the
13county commissioner of elections to submit to the registered
14voters of the township, excluding those areas of the township
15within corporate boundaries of a city, the proposition of
16requiring the township to provide emergency medical service to
17those areas of the township outside the corporate limits of a
18city and outside those areas being provided emergency medical
19service under Code chapter 357F (benefited emergency medical
20services district) or 357J (emergency response district) for a
21period of time stated in the proposition not to exceed 10 years
22but not less than four years.
23A valid petition must be signed by eligible electors of
24the township residing outside the corporate limits of a city
25equal in number to at least 25 percent of the number of votes
26cast in the township outside the corporate limits of a city
27for the office of president of the United States or governor
28at the preceding general election. The election to vote on
29the proposition is required to be held at the next general
30election following adoption of the board’s motion or receipt of
31the valid petition, subject to a filing deadline specified in
32the bill. The bill also specifies the process for filing and
33hearing objections to the petition and the form of the question
34that appears on the ballot.
35A proposition is adopted if a majority of those voting on the
-4-1proposition at the election approves it. If the proposition
2is approved at election, the township trustees are required
3to provide emergency medical service to those specified areas
4of the township using methods and funding authorized in Code
5sections 359.42 and 359.43 for the period of time approved
6at election, beginning with the fiscal year beginning July 1
7following the general election at which the proposition was
8approved.
9An extension of the period of time for requiring the township
10to provide emergency medical service or the rescission of
11the requirement to provide emergency medical service may be
12completed using the same procedure as is required for initial
13approval.
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