Bill Text: IA HF2454 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act establishing a process for voter approval of a proposition to require a township to provide emergency medical service. (Formerly HF 2215; See HF 2479.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-04-18 - Withdrawn. H.J. 813. [HF2454 Detail]
Download: Iowa-2017-HF2454-Introduced.html
House File 2454 - Introduced HOUSE FILE BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HF 2215) (COMPANION TO SF 2060 BY SHIPLEY) A BILL FOR 1 An Act establishing a process for voter approval of a 2 proposition to require a township to provide emergency 3 medical service. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5918HV (2) 87 md/rj PAG LIN 1 1 Section 1. Section 359.42, Code 2018, is amended to read as 1 2 follows: 1 3 359.42 Township fire protection service, emergency warning 1 4 system, and emergency medical service. 1 5 Except as otherwise provided in section 331.385, the 1 6 trustees of each township shall provide fire protection service 1 7 for the township, exclusive of any part of the township within 1 8 a benefited fire district and, unless required to provide 1 9 emergency medical service by proposition approved under section 1 10 359.44, may provide emergency medical service. The trustees 1 11 may purchase, own, rent, or maintain fire protection service 1 12 or emergency medical service apparatus or equipment or both 1 13 kinds of apparatus or equipment and provide housing for the 1 14 equipment. The trustees of a township which is located within 1 15 a county having a population of three hundred thousand or 1 16 more may also establish and maintain an emergency warning 1 17 system within the township. The trustees may contract with a 1 18 public or private agency under chapter 28E for the purpose of 1 19 providing any service or system required or authorized under 1 20 this section. 1 21 Sec. 2. NEW SECTION. 359.44 Emergency medical service ==== 1 22 motion or petition ==== election. 1 23 1. a. Unless the county is providing emergency medical 1 24 service to a township pursuant to section 331.385, the board 1 25 of township trustees may on its own motion, and upon receipt 1 26 of a valid petition shall, direct the county commissioner of 1 27 elections to submit to the registered voters of the township, 1 28 excluding those areas of the township within corporate 1 29 boundaries of a city, the proposition of requiring the township 1 30 to provide emergency medical service to those areas of the 1 31 township outside the corporate limits of a city and outside 1 32 those areas being provided emergency medical service under 1 33 chapter 357F or 357J for a period of time stated in the 1 34 proposition not to exceed ten years but not less than four 1 35 years. 2 1 b. A valid petition shall be signed by eligible electors of 2 2 the township residing outside the corporate limits of a city 2 3 equal in number to at least twenty=five percent of the number 2 4 of votes cast in the township outside the corporate limits 2 5 of a city for the office of president of the United States 2 6 or governor at the preceding general election. The petition 2 7 shall include the signatures of the petitioners, a statement 2 8 of their place of residence, and the date on which they signed 2 9 the petition. 2 10 c. The election shall be held at the next general election 2 11 following adoption of the board's motion or receipt of the 2 12 valid petition. However, a petition authorized by this section 2 13 shall be filed not later than eighty=two days before the date 2 14 of the general election if the proposition is to be voted upon 2 15 at the general election. If a valid petition is filed after 2 16 that date, the proposition shall be voted on at the general 2 17 election following the next general election. 2 18 d. A petition shall be examined before it is accepted for 2 19 filing. If it appears valid on its face, it shall be accepted 2 20 for filing. If it lacks the required number of signatures, it 2 21 shall be returned to the petitioners. 2 22 e. Petitions which have been accepted for filing are valid 2 23 unless written objections are filed. Objections must be 2 24 filed with the county auditor within five working days after 2 25 the petition was filed. The objection process in section 2 26 44.7 shall be followed for objections filed pursuant to this 2 27 section. 2 28 2. The question shall be submitted to the voters in 2 29 substantially the following form: 2 30 Shall the township of ..............., in ............... 2 31 County, Iowa, be required to provide emergency medical 2 32 service to those areas of ............... township outside the 2 33 corporate limits of a city and outside the areas receiving 2 34 emergency medical service from another political subdivision 2 35 of this state and provide such service through imposition of 3 1 a property tax in those areas of the township outside the 3 2 corporate limits of a city? 3 3 3. The proposition is adopted if a majority of those 3 4 voting on the proposition at the election approves it. If the 3 5 proposition is approved at election, the township trustees 3 6 shall provide emergency medical service to all areas of the 3 7 township outside the corporate limits of a city and those areas 3 8 not otherwise receiving such service under chapter 357F or 357J 3 9 using methods and funding authorized in sections 359.42 and 3 10 359.43 for the period of time approved at election, beginning 3 11 with the fiscal year beginning July 1 following the general 3 12 election at which the proposition was approved. 3 13 4. The proposition is not affected by a change in the 3 14 boundaries of the township. 3 15 5. An extension of the period of time for requiring the 3 16 township to provide emergency medical service under this 3 17 section may be completed using the same procedure as is 3 18 required for initial approval. 3 19 EXPLANATION 3 20 The inclusion of this explanation does not constitute agreement with 3 21 the explanation's substance by the members of the general assembly. 3 22 Current law authorizes but does not require the board of 3 23 township trustees to provide emergency medical service for 3 24 the township and to fund such service through imposition of 3 25 a property tax levy. This bill establishes a process for 3 26 voter approval of a proposition to require a board of township 3 27 trustees to provide emergency medical service to specified 3 28 areas of the township. 3 29 The bill provides that unless the county is providing 3 30 emergency medical service to a township pursuant to Code 3 31 section 331.385, the board of township trustees may on its own 3 32 motion, and upon receipt of a valid petition shall, direct the 3 33 county commissioner of elections to submit to the registered 3 34 voters of the township, excluding those areas of the township 3 35 within corporate boundaries of a city, the proposition of 4 1 requiring the township to provide emergency medical service to 4 2 those areas of the township outside the corporate limits of a 4 3 city and outside those areas being provided emergency medical 4 4 service under Code chapter 357F (benefited emergency medical 4 5 services district) or 357J (emergency response district) for a 4 6 period of time stated in the proposition not to exceed 10 years 4 7 but not less than four years. 4 8 A valid petition must be signed by eligible electors of 4 9 the township residing outside the corporate limits of a city 4 10 equal in number to at least 25 percent of the number of votes 4 11 cast in the township outside the corporate limits of a city 4 12 for the office of president of the United States or governor 4 13 at the preceding general election. The election to vote on 4 14 the proposition is required to be held at the next general 4 15 election following adoption of the board's motion or receipt of 4 16 the valid petition, subject to a filing deadline specified in 4 17 the bill. The bill also specifies the process for filing and 4 18 hearing objections to the petition and the form of the question 4 19 that appears on the ballot. 4 20 A proposition is adopted if a majority of those voting on the 4 21 proposition at the election approves it. If the proposition 4 22 is approved at election, the township trustees are required 4 23 to provide emergency medical service to those specified areas 4 24 of the township using methods and funding authorized in Code 4 25 sections 359.42 and 359.43 for the period of time approved 4 26 at election, beginning with the fiscal year beginning July 1 4 27 following the general election at which the proposition was 4 28 approved. 4 29 An extension of the period of time for requiring the township 4 30 to provide emergency medical service under this Code section 4 31 may be completed using the same procedure as is required for 4 32 initial approval. LSB 5918HV (2) 87 md/rj
