Bill Text: IA HF466 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: 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. (See HF 693.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-07 - Committee report, recommending passage. H.J. 469. [HF466 Detail]
Download: Iowa-2019-HF466-Introduced.html
House
File
466
-
Introduced
HOUSE
FILE
466
BY
NIELSEN
A
BILL
FOR
An
Act
establishing
processes
for
voter
approval
of
a
1
proposition
to
require
a
township
to
provide
emergency
2
medical
service
and
for
voter
approval
of
a
higher
3
additional
annual
property
tax
levy
rate
for
the
provision
4
of
township
services.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
2404YH
(4)
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H.F.
466
Section
1.
Section
359.42,
Code
2019,
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.
Section
359.43,
subsection
2,
Code
2019,
is
amended
23
to
read
as
follows:
24
2.
a.
If
the
levy
authorized
under
subsection
1
is
25
insufficient
to
provide
the
services
authorized
or
required
26
under
section
359.42
,
the
township
trustees
may
levy
an
27
additional
annual
tax
not
exceeding
twenty
and
one-fourth
cents
28
per
thousand
dollars
of
assessed
value
of
the
taxable
property
29
in
the
township,
excluding
any
property
within
the
corporate
30
limits
of
a
city,
to
provide
the
services.
31
b.
(1)
The
additional
annual
tax
authorized
under
paragraph
32
“a”
may
be
imposed
at
a
rate
not
exceeding
forty
and
one-fourth
33
cents
per
thousand
dollars
of
assessed
value
if
the
trustees
of
34
the
township
are
providing
emergency
medical
service
for
the
35
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466
township
and
if
the
authority
to
impose
the
higher
additional
1
annual
tax
rate
is
approved
at
election.
2
(2)
(a)
The
board
of
township
trustees
may
on
its
own
3
motion,
and
upon
receipt
of
a
valid
petition
shall,
direct
the
4
county
commissioner
of
elections
to
submit
to
the
registered
5
voters
of
the
township
in
the
areas
where
the
additional
6
annual
tax
is
imposed,
the
proposition
of
levying
the
higher
7
additional
annual
tax
rate
for
a
period
of
time
stated
in
the
8
proposition.
9
(b)
A
valid
petition
shall
be
signed
by
eligible
electors
of
10
the
township
residing
outside
the
corporate
limits
of
a
city
11
equal
in
number
to
at
least
twenty-five
percent
of
the
number
12
of
votes
cast
in
the
township
outside
the
corporate
limits
13
of
a
city
for
the
office
of
president
of
the
United
States
14
or
governor
at
the
preceding
general
election.
The
petition
15
shall
include
the
signatures
of
the
petitioners,
a
statement
16
of
their
place
of
residence,
and
the
date
on
which
they
signed
17
the
petition.
18
(c)
The
election
shall
be
held
at
the
next
general
election
19
following
adoption
of
the
board’s
motion
or
receipt
of
the
20
valid
petition
and
may
be
included
on
the
same
ballot
as
a
21
proposition
submitted
to
the
voters
under
section
359.44.
22
However,
a
petition
authorized
by
this
section
shall
be
filed
23
not
later
than
eighty-two
days
before
the
date
of
the
general
24
election
if
the
proposition
is
to
be
voted
upon
at
the
general
25
election.
If
a
valid
petition
is
filed
after
that
date,
the
26
proposition
shall
be
voted
on
at
the
general
election
following
27
the
next
general
election.
28
(d)
A
petition
shall
be
examined
before
it
is
accepted
for
29
filing.
If
it
appears
valid
on
its
face,
it
shall
be
accepted
30
for
filing.
If
it
lacks
the
required
number
of
signatures,
it
31
shall
be
returned
to
the
petitioners.
32
(e)
Petitions
which
have
been
accepted
for
filing
are
33
valid
unless
written
objections
are
filed.
Objections
must
be
34
filed
with
the
county
auditor
within
five
working
days
after
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466
the
petition
was
filed.
The
objection
process
in
section
1
44.7
shall
be
followed
for
objections
filed
pursuant
to
this
2
section.
3
c.
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
may
6
impose
the
additional
annual
tax
authorized
under
paragraph
“a”
7
at
a
rate
not
exceeding
forty
and
one-fourth
cents
per
thousand
8
dollars
for
the
period
of
time
approved
at
election,
beginning
9
with
the
fiscal
year
beginning
July
1
following
the
general
10
election
at
which
the
proposition
was
approved.
11
d.
The
proposition
is
not
affected
by
a
change
in
the
12
boundaries
of
the
township.
13
e.
An
extension
of
the
period
of
time
for
the
authorization
14
to
impose
the
higher
additional
annual
tax
rate
or
rescission
15
of
the
authorization
to
impose
the
higher
additional
annual
tax
16
rate
may
be
completed
using
the
same
procedure
as
is
required
17
for
initial
approval.
However,
the
authorization
to
impose
the
18
higher
additional
annual
tax
rate
may
also
be
rescinded
under
19
section
359.44,
subsection
7.
20
Sec.
3.
NEW
SECTION
.
359.44
Emergency
medical
service
——
21
motion
or
petition
——
election.
22
1.
a.
Unless
the
county
is
providing
emergency
medical
23
service
to
a
township
pursuant
to
section
331.385,
the
board
24
of
township
trustees
may
on
its
own
motion,
and
upon
receipt
25
of
a
valid
petition
shall,
direct
the
county
commissioner
of
26
elections
to
submit
to
the
registered
voters
of
the
township,
27
excluding
those
areas
of
the
township
within
corporate
28
boundaries
of
a
city,
the
proposition
of
requiring
the
township
29
to
provide
emergency
medical
service
to
those
areas
of
the
30
township
outside
the
corporate
limits
of
a
city
and
outside
31
those
areas
being
provided
emergency
medical
service
under
32
chapter
357F
or
357J
for
a
period
of
time
stated
in
the
33
proposition
but
not
less
than
four
years.
34
b.
A
valid
petition
shall
be
signed
by
eligible
electors
of
35
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466
the
township
residing
outside
the
corporate
limits
of
a
city
1
equal
in
number
to
at
least
twenty-five
percent
of
the
number
2
of
votes
cast
in
the
township
outside
the
corporate
limits
3
of
a
city
for
the
office
of
president
of
the
United
States
4
or
governor
at
the
preceding
general
election.
The
petition
5
shall
include
the
signatures
of
the
petitioners,
a
statement
6
of
their
place
of
residence,
and
the
date
on
which
they
signed
7
the
petition.
8
c.
The
election
shall
be
held
at
the
next
general
election
9
following
adoption
of
the
board’s
motion
or
receipt
of
the
10
valid
petition.
However,
a
petition
authorized
by
this
section
11
shall
be
filed
not
later
than
eighty-two
days
before
the
date
12
of
the
general
election
if
the
proposition
is
to
be
voted
upon
13
at
the
general
election.
If
a
valid
petition
is
filed
after
14
that
date,
the
proposition
shall
be
voted
on
at
the
general
15
election
following
the
next
general
election.
16
d.
A
petition
shall
be
examined
before
it
is
accepted
for
17
filing.
If
it
appears
valid
on
its
face,
it
shall
be
accepted
18
for
filing.
If
it
lacks
the
required
number
of
signatures,
it
19
shall
be
returned
to
the
petitioners.
20
e.
Petitions
which
have
been
accepted
for
filing
are
valid
21
unless
written
objections
are
filed.
Objections
must
be
22
filed
with
the
county
auditor
within
five
working
days
after
23
the
petition
was
filed.
The
objection
process
in
section
24
44.7
shall
be
followed
for
objections
filed
pursuant
to
this
25
section.
26
2.
The
question
shall
be
submitted
to
the
voters
in
27
substantially
the
following
form:
28
Shall
the
township
of
...............
,
in
...............
29
County,
Iowa,
be
required
to
provide
emergency
medical
30
service
to
those
areas
of
...............
township
outside
the
31
corporate
limits
of
a
city
and
outside
the
areas
receiving
32
emergency
medical
service
from
another
political
subdivision
33
of
this
state
and
provide
such
service
through
imposition
of
34
a
property
tax
in
those
areas
of
the
township
outside
the
35
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466
corporate
limits
of
a
city?
1
3.
The
proposition
to
impose
a
higher
additional
annual
tax
2
pursuant
to
section
359.43,
subsection
2,
shall
be
included
on
3
the
ballot
and
submitted
to
the
voters
at
the
same
election
as
4
the
proposition
to
require
the
township
to
provide
emergency
5
medical
service
under
this
section.
6
4.
The
proposition
is
adopted
if
a
majority
of
those
7
voting
on
the
proposition
at
the
election
approves
it.
If
the
8
proposition
is
approved
at
election,
the
township
trustees
9
shall
provide
emergency
medical
service
to
all
areas
of
the
10
township
outside
the
corporate
limits
of
a
city
and
those
areas
11
not
otherwise
receiving
such
service
under
chapter
357F
or
357J
12
using
methods
and
funding
authorized
in
sections
359.42
and
13
359.43
for
the
period
of
time
approved
at
election,
beginning
14
with
the
fiscal
year
beginning
July
1
following
the
general
15
election
at
which
the
proposition
was
approved.
16
5.
The
proposition
is
not
affected
by
a
change
in
the
17
boundaries
of
the
township.
18
6.
An
extension
of
the
period
of
time
for
requiring
the
19
township
to
provide
emergency
medical
service
under
this
20
section
or
the
rescission
of
the
requirement
to
provide
21
emergency
medical
service
may
be
completed
using
the
same
22
procedure
as
is
required
for
initial
approval.
23
7.
In
lieu
of
the
procedure
under
subsection
6,
the
24
requirement
for
providing
emergency
medical
service
under
this
25
section
may
be
rescinded
by
resolution
of
the
board
of
township
26
trustees,
upon
a
finding
that
the
emergency
medical
service
27
being
provided
has
not
been
beneficial
or
is
unnecessary.
28
If
the
requirement
for
providing
emergency
medical
service
29
is
rescinded
under
this
subsection
and
the
township
ceases
30
to
provide
emergency
medical
service,
the
authorization
for
31
imposition
of
a
higher
additional
annual
tax
rate
under
section
32
359.43,
subsection
2,
paragraph
“b”
,
is
terminated.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
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466
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
Current
law
authorizes
but
does
not
require
the
board
of
2
township
trustees
to
provide
emergency
medical
service
for
3
the
township
and
to
fund
such
service
through
imposition
of
4
a
property
tax
levy.
This
bill
establishes
a
process
for
5
voter
approval
of
a
proposition
to
require
a
board
of
township
6
trustees
to
provide
emergency
medical
service
to
specified
7
areas
of
the
township.
8
The
bill
provides
that
unless
the
county
is
providing
9
emergency
medical
service
to
a
township
pursuant
to
Code
10
section
331.385,
the
board
of
township
trustees
may
on
its
own
11
motion,
and
upon
receipt
of
a
valid
petition
shall,
direct
the
12
county
commissioner
of
elections
to
submit
to
the
registered
13
voters
of
the
township,
excluding
those
areas
of
the
township
14
within
corporate
boundaries
of
a
city,
the
proposition
of
15
requiring
the
township
to
provide
emergency
medical
service
to
16
those
areas
of
the
township
outside
the
corporate
limits
of
a
17
city
and
outside
those
areas
being
provided
emergency
medical
18
service
under
Code
chapter
357F
(benefited
emergency
medical
19
services
district)
or
357J
(emergency
response
district)
for
a
20
period
of
time
stated
in
the
proposition
but
not
less
than
four
21
years.
22
A
valid
petition
must
be
signed
by
eligible
electors
of
23
the
township
residing
outside
the
corporate
limits
of
a
city
24
equal
in
number
to
at
least
25
percent
of
the
number
of
votes
25
cast
in
the
township
outside
the
corporate
limits
of
a
city
26
for
the
office
of
president
of
the
United
States
or
governor
27
at
the
preceding
general
election.
The
election
to
vote
on
28
the
proposition
is
required
to
be
held
at
the
next
general
29
election
following
adoption
of
the
board’s
motion
or
receipt
of
30
the
valid
petition,
subject
to
a
filing
deadline
specified
in
31
the
bill.
The
bill
also
specifies
the
process
for
filing
and
32
hearing
objections
to
the
petition
and
the
form
of
the
question
33
that
appears
on
the
ballot.
34
A
proposition
is
adopted
if
a
majority
of
those
voting
on
the
35
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466
proposition
at
the
election
approves
it.
If
the
proposition
1
is
approved
at
election,
the
township
trustees
are
required
2
to
provide
emergency
medical
service
to
those
specified
areas
3
of
the
township
using
methods
and
funding
authorized
in
Code
4
sections
359.42
and
359.43
for
the
period
of
time
approved
5
at
election,
beginning
with
the
fiscal
year
beginning
July
1
6
following
the
general
election
at
which
the
proposition
was
7
approved.
The
bill
also
requires
that
the
proposition
to
8
impose
a
higher
additional
annual
tax
pursuant
to
Code
section
9
359.43(2),
as
amended
in
the
bill,
shall
be
included
on
the
10
ballot
and
submitted
to
the
voters
at
the
same
election
as
11
the
proposition
to
require
the
township
to
provide
emergency
12
medical
service.
13
An
extension
of
the
period
of
time
for
requiring
the
township
14
to
provide
emergency
medical
service
or
the
rescission
of
the
15
requirement
to
provide
emergency
medical
service
under
the
bill
16
may
be
completed
using
the
same
procedure
as
is
required
for
17
initial
approval.
In
lieu
of
such
process
required
for
initial
18
approval,
the
requirement
for
providing
emergency
medical
19
service
may
be
rescinded
by
resolution
of
the
board
of
township
20
trustees,
upon
a
finding
that
the
emergency
medical
service
21
being
provided
has
not
been
beneficial
or
is
unnecessary.
If
22
the
requirement
for
providing
emergency
medical
service
is
23
rescinded
by
resolution
of
the
board
and
the
township
ceases
24
to
provide
emergency
medical
service,
the
authorization
25
for
imposition
of
a
higher
additional
annual
tax
rate
is
26
terminated.
27
Current
Code
section
359.43
authorizes
township
trustees
28
to
levy
an
annual
tax
not
exceeding
40.5
cents
per
$1,000
29
of
assessed
value
of
the
taxable
property
in
the
township,
30
excluding
property
within
a
benefited
fire
district
or
within
31
the
corporate
limits
of
a
city,
for
the
purpose
of
providing
32
fire
protection
service
and
emergency
medical
service
for
the
33
township.
If
the
40.5-cent
levy
is
insufficient
to
provide
the
34
services
authorized
or
required,
the
township
trustees
may
levy
35
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8
H.F.
466
an
additional
annual
tax
not
exceeding
20.25
cents
per
$1,000
1
of
assessed
value.
2
The
bill
authorizes
the
township
trustees
to
impose
the
3
additional
annual
tax
at
a
rate
not
exceeding
the
40.25
cents
4
per
$1,000
of
assessed
value
if
the
trustees
of
the
township
5
are
providing
emergency
medical
service
for
the
township
and
6
if
the
authority
to
impose
the
higher
additional
annual
tax
7
rate
is
approved
at
election.
The
board
of
township
trustees
8
may
on
its
own
motion,
and
upon
receipt
of
a
valid
petition
9
shall,
direct
the
county
commissioner
of
elections
to
submit
to
10
the
registered
voters
of
the
township
in
the
areas
where
the
11
additional
annual
tax
is
imposed,
the
proposition
of
levying
12
the
higher
additional
annual
tax
rate
for
a
period
of
time
13
stated
in
the
proposition.
The
election
is
required
to
be
held
14
at
the
next
general
election
following
adoption
of
the
board’s
15
motion
or
receipt
of
the
valid
petition
and
may
be
included
16
on
the
same
ballot
as
a
proposition
requiring
the
township
to
17
provide
emergency
medical
service
under
Code
section
359.44,
as
18
enacted
in
the
bill.
The
proposition
is
adopted
if
a
majority
19
of
those
voting
on
the
proposition
at
the
election
approves
it.
20
An
extension
of
the
period
of
time
for
the
authorization
to
21
impose
the
higher
additional
annual
tax
rate
or
rescission
of
22
the
authorization
to
impose
the
higher
additional
annual
tax
23
rate
may
be
completed
using
the
same
procedure
as
is
required
24
for
initial
approval.
However,
the
authorization
to
impose
25
a
higher
additional
annual
tax
rate
may
also
be
rescinded
by
26
resolution
of
the
board
of
township
trustees.
27
By
operation
of
law,
the
bill
applies
to
a
county
that
has,
28
by
resolution
under
Code
section
331.385,
assumed
the
exercise
29
of
the
powers
and
duties
of
township
trustees
relating
to
30
fire
protection
service
and
emergency
medical
service
for
any
31
township
located
in
the
unincorporated
area
of
the
county.
32
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