Bill Text: IA HF2069 | 2019-2020 | 88th 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.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Introduced - Dead) 2020-01-21 - Introduced, referred to State Government. H.J. 107. [HF2069 Detail]

Download: Iowa-2019-HF2069-Introduced.html
House File 2069 - Introduced HOUSE FILE 2069 BY STECKMAN , STAED , McKEAN , BEARINGER , KURTZ , HUNTER , EHLERT , DONAHUE , WOLFE , B. MEYER , WILBURN , ANDERSON , MASCHER , KURTH , and DERRY 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 TLSB 5674YH (3) 88 md/ns
H.F. 2069 Section 1. Section 331.385, subsection 2, Code 2020, is 1 amended to read as follows: 2 2. The board of supervisors shall publish notice of the 3 proposed resolution, and of a public hearing to be held on the 4 proposed resolution, in a newspaper of general circulation 5 in the county at least ten days but no more than twenty days 6 before the date of the public hearing. If, after notice and 7 hearing, the resolution is adopted, the board of supervisors 8 shall assume the exercise of the powers and duties of township 9 trustees relating to fire protection service and emergency 10 medical service as set forth in sections 359.42 through , 11 359.43, and 359.45 . 12 Sec. 2. Section 359.42, Code 2020, is amended to read as 13 follows: 14 359.42 Township fire protection service, emergency warning 15 system, and emergency medical service. 16 Except as otherwise provided in section 331.385 , the 17 trustees of each township shall provide fire protection service 18 for the township, exclusive of any part of the township within 19 a benefited fire district and may provide emergency medical 20 service. However, except as otherwise provided in section 21 331.385, the trustees of a township shall provide emergency 22 medical service for the township if required to do so by a 23 proposition approved under section 359.44. The trustees may 24 purchase, own, rent, or maintain fire protection service or 25 emergency medical service apparatus or equipment or both 26 kinds of apparatus or equipment and provide housing for the 27 equipment. The trustees of a township which is located within 28 a county having a population of three hundred thousand or 29 more may also establish and maintain an emergency warning 30 system within the township. The trustees may contract with a 31 public or private agency under chapter 28E for the purpose of 32 providing any service or system required or authorized under 33 this section . 34 Sec. 3. NEW SECTION . 359.44 Emergency medical service —— 35 -1- LSB 5674YH (3) 88 md/ns 1/ 5
H.F. 2069 motion or petition —— election. 1 1. a. Unless the county is providing emergency medical 2 service to a township pursuant to section 331.385, the board 3 of township trustees may on its own motion, and upon receipt 4 of a valid petition shall, direct the county commissioner of 5 elections to submit to the registered voters of the township, 6 excluding those areas of the township within corporate 7 boundaries of a city, the proposition of requiring the township 8 to provide emergency medical service to those areas of the 9 township outside the corporate limits of a city and outside 10 those areas being provided emergency medical service under 11 chapter 357F or 357J for a period of time stated in the 12 proposition not to exceed ten years but not less than four 13 years. 14 b. A valid petition shall be signed by eligible electors of 15 the township residing outside the corporate limits of a city 16 equal in number to at least twenty-five percent of the number 17 of votes cast in the township outside the corporate limits 18 of a city for the office of president of the United States 19 or governor at the preceding general election. The petition 20 shall include the signatures of the petitioners, a statement 21 of their place of residence, and the date on which they signed 22 the petition. 23 c. The election shall be held at the next general election 24 following adoption of the board’s motion or receipt of the 25 valid petition. However, a petition authorized by this section 26 shall be filed not later than eighty-two days before the date 27 of the general election if the proposition is to be voted upon 28 at the general election. If a valid petition is filed after 29 that date, the proposition shall be voted on at the general 30 election following the next general election. 31 d. A petition shall be examined before it is accepted for 32 filing. If it appears valid on its face, it shall be accepted 33 for filing. If it lacks the required number of signatures, it 34 shall be returned to the petitioners. 35 -2- LSB 5674YH (3) 88 md/ns 2/ 5
H.F. 2069 e. Petitions which have been accepted for filing are valid 1 unless written objections are filed. Objections must be 2 filed with the county auditor within five working days after 3 the petition was filed. The objection process in section 4 44.7 shall be followed for objections filed pursuant to this 5 section. 6 2. The question shall be submitted to the voters in 7 substantially the following form: 8 Shall the township of ............... , in ............... 9 County, Iowa, be required to provide emergency medical service 10 for a period of ............... years to those areas 11 of ............... township outside the corporate limits of a 12 city and outside the areas receiving emergency medical service 13 from another political subdivision of this state and provide 14 such service through imposition of a property tax in those 15 areas of the township outside the corporate limits of a city? 16 3. The proposition is adopted if a majority of those 17 voting on the proposition at the election approves it. If the 18 proposition is approved at election, the township trustees 19 shall provide emergency medical service to all areas of the 20 township outside the corporate limits of a city and those areas 21 not otherwise receiving such service under chapter 357F or 357J 22 using methods and funding authorized in sections 359.42 and 23 359.43 for the period of time approved at election, beginning 24 with the fiscal year beginning July 1 following the general 25 election at which the proposition was approved. 26 4. The proposition is not affected by a change in the 27 boundaries of the township. 28 5. An extension of the period of time for requiring the 29 township to provide emergency medical service under this 30 section or the rescission of the requirement to provide 31 emergency medical service may be completed using the same 32 procedure as is required for initial approval. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 5674YH (3) 88 md/ns 3/ 5
H.F. 2069 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 not to exceed 10 years 21 but not less than four 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 -4- LSB 5674YH (3) 88 md/ns 4/ 5
H.F. 2069 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. 8 An extension of the period of time for requiring the township 9 to provide emergency medical service or the rescission of 10 the requirement to provide emergency medical service may be 11 completed using the same procedure as is required for initial 12 approval. 13 -5- LSB 5674YH (3) 88 md/ns 5/ 5
feedback