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House File 693 - IntroducedA Bill ForAn Act 1establishing processes for voter approval of a
2proposition to require a township to provide emergency
3medical service and for voter approval of a higher
4additional annual property tax levy rate for the provision
5of township services.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 359.42, Code 2019, is amended to read as
2follows:
3359.42 Township fire protection service, emergency warning
4system, and emergency medical service.
5Except as otherwise provided in section 331.385, the
6trustees of each township shall provide fire protection service
7for the township, exclusive of any part of the township within
8a benefited fire district and may provide emergency medical
9service. However, except as otherwise provided in section
10331.385, the trustees of a township shall provide emergency
11medical service for the township if required to do so by a
12proposition approved under section 359.44. The trustees may
13purchase, own, rent, or maintain fire protection service or
14emergency medical service apparatus or equipment or both
15kinds of apparatus or equipment and provide housing for the
16equipment. The trustees of a township which is located within
17a county having a population of three hundred thousand or
18more may also establish and maintain an emergency warning
19system within the township. The trustees may contract with a
20public or private agency under chapter 28E for the purpose of
21providing any service or system required or authorized under
22this section.
23 Sec. 2. Section 359.43, subsection 2, Code 2019, is amended
24to read as follows:
252. a. If the levy authorized under subsection 1 is
26insufficient to provide the services authorized or required
27under section 359.42, the township trustees may levy an
28additional annual tax not exceeding twenty and one-fourth cents
29per thousand dollars of assessed value of the taxable property
30in the township, excluding any property within the corporate
31limits of a city, to provide the services.
32b. (1) The additional annual tax authorized under paragraph
33“a” may be imposed at a rate not exceeding forty and one-fourth
34cents per thousand dollars of assessed value if the trustees of
35the township are providing emergency medical service for the
-1-1township and if the authority to impose the higher additional
2annual tax rate is approved at election.
3(2) (a) The board of township trustees may on its own
4motion, and upon receipt of a valid petition shall, direct the
5county commissioner of elections to submit to the registered
6voters of the township in the areas where the additional
7annual tax is imposed, the proposition of levying the higher
8additional annual tax rate for a period of time stated in the
9proposition.
10(b) A valid petition shall be signed by eligible electors of
11the township residing outside the corporate limits of a city
12equal in number to at least twenty-five percent of the number
13of votes cast in the township outside the corporate limits
14of a city for the office of president of the United States
15or governor at the preceding general election. The petition
16shall include the signatures of the petitioners, a statement
17of their place of residence, and the date on which they signed
18the petition.
19(c) The election shall be held at the next general election
20following adoption of the board’s motion or receipt of the
21valid petition and may be included on the same ballot as a
22proposition submitted to the voters under section 359.44.
23However, a petition authorized by this section shall be filed
24not later than eighty-two days before the date of the general
25election if the proposition is to be voted upon at the general
26election. If a valid petition is filed after that date, the
27proposition shall be voted on at the general election following
28the next general election.
29(d) A petition shall be examined before it is accepted for
30filing. If it appears valid on its face, it shall be accepted
31for filing. If it lacks the required number of signatures, it
32shall be returned to the petitioners.
33(e) Petitions which have been accepted for filing are
34valid unless written objections are filed. Objections must be
35filed with the county auditor within five working days after
-2-1the petition was filed. The objection process in section
244.7 shall be followed for objections filed pursuant to this
3section.
4c. The proposition is adopted if a majority of those
5voting on the proposition at the election approves it. If the
6proposition is approved at election, the township trustees may
7impose the additional annual tax authorized under paragraph “a”
8 at a rate not exceeding forty and one-fourth cents per thousand
9dollars for the period of time approved at election, beginning
10with the fiscal year beginning July 1 following the general
11election at which the proposition was approved.
12d. The proposition is not affected by a change in the
13boundaries of the township.
14e. An extension of the period of time for the authorization
15to impose the higher additional annual tax rate or rescission
16of the authorization to impose the higher additional annual tax
17rate may be completed using the same procedure as is required
18for initial approval. However, the authorization to impose the
19higher additional annual tax rate may also be rescinded under
20section 359.44, subsection 7.
21 Sec. 3. NEW SECTION. 359.44 Emergency medical service —
22motion or petition — election.
231. a. Unless the county is providing emergency medical
24service to a township pursuant to section 331.385, the board
25of township trustees may on its own motion, and upon receipt
26of a valid petition shall, direct the county commissioner of
27elections to submit to the registered voters of the township,
28excluding those areas of the township within corporate
29boundaries of a city, the proposition of requiring the township
30to provide emergency medical service to those areas of the
31township outside the corporate limits of a city and outside
32those areas being provided emergency medical service under
33chapter 357F or 357J for a period of time stated in the
34proposition but not less than four years.
35b. A valid petition shall be signed by eligible electors of
-3-1the township residing outside the corporate limits of a city
2equal in number to at least twenty-five percent of the number
3of votes cast in the township outside the corporate limits
4of a city for the office of president of the United States
5or governor at the preceding general election. The petition
6shall include the signatures of the petitioners, a statement
7of their place of residence, and the date on which they signed
8the petition.
9c. The election shall be held at the next general election
10following adoption of the board’s motion or receipt of the
11valid petition. However, a petition authorized by this section
12shall be filed not later than eighty-two days before the date
13of the general election if the proposition is to be voted upon
14at the general election. If a valid petition is filed after
15that date, the proposition shall be voted on at the general
16election following the next general election.
17d. A petition shall be examined before it is accepted for
18filing. If it appears valid on its face, it shall be accepted
19for filing. If it lacks the required number of signatures, it
20shall be returned to the petitioners.
21e. Petitions which have been accepted for filing are valid
22unless written objections are filed. Objections must be
23filed with the county auditor within five working days after
24the petition was filed. The objection process in section
2544.7 shall be followed for objections filed pursuant to this
26section.
272. The question shall be submitted to the voters in
28substantially the following form:
29Shall the township of , in
30County, Iowa, be required to provide emergency medical
31service to those areas of township outside the
32corporate limits of a city and outside the areas receiving
33emergency medical service from another political subdivision
34of this state and provide such service through imposition of
35a property tax in those areas of the township outside the
-4-1corporate limits of a city?
23. The proposition to impose a higher additional annual tax
3pursuant to section 359.43, subsection 2, shall be included on
4the ballot and submitted to the voters at the same election as
5the proposition to require the township to provide emergency
6medical service under this section.
74. The proposition is adopted if a majority of those
8voting on the proposition at the election approves it. If the
9proposition is approved at election, the township trustees
10shall provide emergency medical service to all areas of the
11township outside the corporate limits of a city and those areas
12not otherwise receiving such service under chapter 357F or 357J
13using methods and funding authorized in sections 359.42 and
14359.43 for the period of time approved at election, beginning
15with the fiscal year beginning July 1 following the general
16election at which the proposition was approved.
175. The proposition is not affected by a change in the
18boundaries of the township.
196. An extension of the period of time for requiring the
20township to provide emergency medical service under this
21section or the rescission of the requirement to provide
22emergency medical service may be completed using the same
23procedure as is required for initial approval.
247. In lieu of the procedure under subsection 6, the
25requirement for providing emergency medical service under this
26section may be rescinded by resolution of the board of township
27trustees, upon a finding that the emergency medical service
28being provided has not been beneficial or is unnecessary.
29If the requirement for providing emergency medical service
30is rescinded under this subsection and the township ceases
31to provide emergency medical service, the authorization for
32imposition of a higher additional annual tax rate under section
33359.43, subsection 2, paragraph “b”, is terminated.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-5-1the 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 but not less than four
22years.
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
-6-1proposition 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. The bill also requires that the proposition to
9impose a higher additional annual tax pursuant to Code section
10359.43(2), as amended in the bill, shall be included on the
11ballot and submitted to the voters at the same election as
12the proposition to require the township to provide emergency
13medical service.
14An extension of the period of time for requiring the township
15to provide emergency medical service or the rescission of the
16requirement to provide emergency medical service under the bill
17may be completed using the same procedure as is required for
18initial approval. In lieu of such process required for initial
19approval, the requirement for providing emergency medical
20service may be rescinded by resolution of the board of township
21trustees, upon a finding that the emergency medical service
22being provided has not been beneficial or is unnecessary. If
23the requirement for providing emergency medical service is
24rescinded by resolution of the board and the township ceases
25to provide emergency medical service, the authorization
26for imposition of a higher additional annual tax rate is
27terminated.
28Current Code section 359.43 authorizes township trustees
29to levy an annual tax not exceeding 40.5 cents per $1,000
30of assessed value of the taxable property in the township,
31excluding property within a benefited fire district or within
32the corporate limits of a city, for the purpose of providing
33fire protection service and emergency medical service for the
34township. If the 40.5-cent levy is insufficient to provide the
35services authorized or required, the township trustees may levy
-7-1an additional annual tax not exceeding 20.25 cents per $1,000
2of assessed value.
3The bill authorizes the township trustees to impose the
4additional annual tax at a rate not exceeding the 40.25 cents
5per $1,000 of assessed value if the trustees of the township
6are providing emergency medical service for the township and
7if the authority to impose the higher additional annual tax
8rate is approved at election. The board of township trustees
9may on its own motion, and upon receipt of a valid petition
10shall, direct the county commissioner of elections to submit to
11the registered voters of the township in the areas where the
12additional annual tax is imposed, the proposition of levying
13the higher additional annual tax rate for a period of time
14stated in the proposition. The election is required to be held
15at the next general election following adoption of the board’s
16motion or receipt of the valid petition and may be included
17on the same ballot as a proposition requiring the township to
18provide emergency medical service under Code section 359.44, as
19enacted in the bill. The proposition is adopted if a majority
20of those voting on the proposition at the election approves it.
21An extension of the period of time for the authorization to
22impose the higher additional annual tax rate or rescission of
23the authorization to impose the higher additional annual tax
24rate may be completed using the same procedure as is required
25for initial approval. However, the authorization to impose
26a higher additional annual tax rate may also be rescinded by
27resolution of the board of township trustees.
28By operation of law, the bill applies to a county that has,
29by resolution under Code section 331.385, assumed the exercise
30of the powers and duties of township trustees relating to
31fire protection service and emergency medical service for any
32township located in the unincorporated area of the county.
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2proposition to require a township to provide emergency
3medical service and for voter approval of a higher
4additional annual property tax levy rate for the provision
5of township services.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 359.42, Code 2019, is amended to read as
2follows:
3359.42 Township fire protection service, emergency warning
4system, and emergency medical service.
5Except as otherwise provided in section 331.385, the
6trustees of each township shall provide fire protection service
7for the township, exclusive of any part of the township within
8a benefited fire district and may provide emergency medical
9service. However, except as otherwise provided in section
10331.385, the trustees of a township shall provide emergency
11medical service for the township if required to do so by a
12proposition approved under section 359.44. The trustees may
13purchase, own, rent, or maintain fire protection service or
14emergency medical service apparatus or equipment or both
15kinds of apparatus or equipment and provide housing for the
16equipment. The trustees of a township which is located within
17a county having a population of three hundred thousand or
18more may also establish and maintain an emergency warning
19system within the township. The trustees may contract with a
20public or private agency under chapter 28E for the purpose of
21providing any service or system required or authorized under
22this section.
23 Sec. 2. Section 359.43, subsection 2, Code 2019, is amended
24to read as follows:
252. a. If the levy authorized under subsection 1 is
26insufficient to provide the services authorized or required
27under section 359.42, the township trustees may levy an
28additional annual tax not exceeding twenty and one-fourth cents
29per thousand dollars of assessed value of the taxable property
30in the township, excluding any property within the corporate
31limits of a city, to provide the services.
32b. (1) The additional annual tax authorized under paragraph
33“a” may be imposed at a rate not exceeding forty and one-fourth
34cents per thousand dollars of assessed value if the trustees of
35the township are providing emergency medical service for the
-1-1township and if the authority to impose the higher additional
2annual tax rate is approved at election.
3(2) (a) The board of township trustees may on its own
4motion, and upon receipt of a valid petition shall, direct the
5county commissioner of elections to submit to the registered
6voters of the township in the areas where the additional
7annual tax is imposed, the proposition of levying the higher
8additional annual tax rate for a period of time stated in the
9proposition.
10(b) A valid petition shall be signed by eligible electors of
11the township residing outside the corporate limits of a city
12equal in number to at least twenty-five percent of the number
13of votes cast in the township outside the corporate limits
14of a city for the office of president of the United States
15or governor at the preceding general election. The petition
16shall include the signatures of the petitioners, a statement
17of their place of residence, and the date on which they signed
18the petition.
19(c) The election shall be held at the next general election
20following adoption of the board’s motion or receipt of the
21valid petition and may be included on the same ballot as a
22proposition submitted to the voters under section 359.44.
23However, a petition authorized by this section shall be filed
24not later than eighty-two days before the date of the general
25election if the proposition is to be voted upon at the general
26election. If a valid petition is filed after that date, the
27proposition shall be voted on at the general election following
28the next general election.
29(d) A petition shall be examined before it is accepted for
30filing. If it appears valid on its face, it shall be accepted
31for filing. If it lacks the required number of signatures, it
32shall be returned to the petitioners.
33(e) Petitions which have been accepted for filing are
34valid unless written objections are filed. Objections must be
35filed with the county auditor within five working days after
-2-1the petition was filed. The objection process in section
244.7 shall be followed for objections filed pursuant to this
3section.
4c. The proposition is adopted if a majority of those
5voting on the proposition at the election approves it. If the
6proposition is approved at election, the township trustees may
7impose the additional annual tax authorized under paragraph “a”
8 at a rate not exceeding forty and one-fourth cents per thousand
9dollars for the period of time approved at election, beginning
10with the fiscal year beginning July 1 following the general
11election at which the proposition was approved.
12d. The proposition is not affected by a change in the
13boundaries of the township.
14e. An extension of the period of time for the authorization
15to impose the higher additional annual tax rate or rescission
16of the authorization to impose the higher additional annual tax
17rate may be completed using the same procedure as is required
18for initial approval. However, the authorization to impose the
19higher additional annual tax rate may also be rescinded under
20section 359.44, subsection 7.
21 Sec. 3. NEW SECTION. 359.44 Emergency medical service —
22motion or petition — election.
231. a. Unless the county is providing emergency medical
24service to a township pursuant to section 331.385, the board
25of township trustees may on its own motion, and upon receipt
26of a valid petition shall, direct the county commissioner of
27elections to submit to the registered voters of the township,
28excluding those areas of the township within corporate
29boundaries of a city, the proposition of requiring the township
30to provide emergency medical service to those areas of the
31township outside the corporate limits of a city and outside
32those areas being provided emergency medical service under
33chapter 357F or 357J for a period of time stated in the
34proposition but not less than four years.
35b. A valid petition shall be signed by eligible electors of
-3-1the township residing outside the corporate limits of a city
2equal in number to at least twenty-five percent of the number
3of votes cast in the township outside the corporate limits
4of a city for the office of president of the United States
5or governor at the preceding general election. The petition
6shall include the signatures of the petitioners, a statement
7of their place of residence, and the date on which they signed
8the petition.
9c. The election shall be held at the next general election
10following adoption of the board’s motion or receipt of the
11valid petition. However, a petition authorized by this section
12shall be filed not later than eighty-two days before the date
13of the general election if the proposition is to be voted upon
14at the general election. If a valid petition is filed after
15that date, the proposition shall be voted on at the general
16election following the next general election.
17d. A petition shall be examined before it is accepted for
18filing. If it appears valid on its face, it shall be accepted
19for filing. If it lacks the required number of signatures, it
20shall be returned to the petitioners.
21e. Petitions which have been accepted for filing are valid
22unless written objections are filed. Objections must be
23filed with the county auditor within five working days after
24the petition was filed. The objection process in section
2544.7 shall be followed for objections filed pursuant to this
26section.
272. The question shall be submitted to the voters in
28substantially the following form:
29Shall the township of , in
30County, Iowa, be required to provide emergency medical
31service to those areas of township outside the
32corporate limits of a city and outside the areas receiving
33emergency medical service from another political subdivision
34of this state and provide such service through imposition of
35a property tax in those areas of the township outside the
-4-1corporate limits of a city?
23. The proposition to impose a higher additional annual tax
3pursuant to section 359.43, subsection 2, shall be included on
4the ballot and submitted to the voters at the same election as
5the proposition to require the township to provide emergency
6medical service under this section.
74. The proposition is adopted if a majority of those
8voting on the proposition at the election approves it. If the
9proposition is approved at election, the township trustees
10shall provide emergency medical service to all areas of the
11township outside the corporate limits of a city and those areas
12not otherwise receiving such service under chapter 357F or 357J
13using methods and funding authorized in sections 359.42 and
14359.43 for the period of time approved at election, beginning
15with the fiscal year beginning July 1 following the general
16election at which the proposition was approved.
175. The proposition is not affected by a change in the
18boundaries of the township.
196. An extension of the period of time for requiring the
20township to provide emergency medical service under this
21section or the rescission of the requirement to provide
22emergency medical service may be completed using the same
23procedure as is required for initial approval.
247. In lieu of the procedure under subsection 6, the
25requirement for providing emergency medical service under this
26section may be rescinded by resolution of the board of township
27trustees, upon a finding that the emergency medical service
28being provided has not been beneficial or is unnecessary.
29If the requirement for providing emergency medical service
30is rescinded under this subsection and the township ceases
31to provide emergency medical service, the authorization for
32imposition of a higher additional annual tax rate under section
33359.43, subsection 2, paragraph “b”, is terminated.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-5-1the 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 but not less than four
22years.
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
-6-1proposition 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. The bill also requires that the proposition to
9impose a higher additional annual tax pursuant to Code section
10359.43(2), as amended in the bill, shall be included on the
11ballot and submitted to the voters at the same election as
12the proposition to require the township to provide emergency
13medical service.
14An extension of the period of time for requiring the township
15to provide emergency medical service or the rescission of the
16requirement to provide emergency medical service under the bill
17may be completed using the same procedure as is required for
18initial approval. In lieu of such process required for initial
19approval, the requirement for providing emergency medical
20service may be rescinded by resolution of the board of township
21trustees, upon a finding that the emergency medical service
22being provided has not been beneficial or is unnecessary. If
23the requirement for providing emergency medical service is
24rescinded by resolution of the board and the township ceases
25to provide emergency medical service, the authorization
26for imposition of a higher additional annual tax rate is
27terminated.
28Current Code section 359.43 authorizes township trustees
29to levy an annual tax not exceeding 40.5 cents per $1,000
30of assessed value of the taxable property in the township,
31excluding property within a benefited fire district or within
32the corporate limits of a city, for the purpose of providing
33fire protection service and emergency medical service for the
34township. If the 40.5-cent levy is insufficient to provide the
35services authorized or required, the township trustees may levy
-7-1an additional annual tax not exceeding 20.25 cents per $1,000
2of assessed value.
3The bill authorizes the township trustees to impose the
4additional annual tax at a rate not exceeding the 40.25 cents
5per $1,000 of assessed value if the trustees of the township
6are providing emergency medical service for the township and
7if the authority to impose the higher additional annual tax
8rate is approved at election. The board of township trustees
9may on its own motion, and upon receipt of a valid petition
10shall, direct the county commissioner of elections to submit to
11the registered voters of the township in the areas where the
12additional annual tax is imposed, the proposition of levying
13the higher additional annual tax rate for a period of time
14stated in the proposition. The election is required to be held
15at the next general election following adoption of the board’s
16motion or receipt of the valid petition and may be included
17on the same ballot as a proposition requiring the township to
18provide emergency medical service under Code section 359.44, as
19enacted in the bill. The proposition is adopted if a majority
20of those voting on the proposition at the election approves it.
21An extension of the period of time for the authorization to
22impose the higher additional annual tax rate or rescission of
23the authorization to impose the higher additional annual tax
24rate may be completed using the same procedure as is required
25for initial approval. However, the authorization to impose
26a higher additional annual tax rate may also be rescinded by
27resolution of the board of township trustees.
28By operation of law, the bill applies to a county that has,
29by resolution under Code section 331.385, assumed the exercise
30of the powers and duties of township trustees relating to
31fire protection service and emergency medical service for any
32township located in the unincorporated area of the county.
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