Bill Text: IA HF2215 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to township funding for fire protection and emergency medical services and including applicability provisions. (See HF 2454; HF 2479.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-04-18 - Withdrawn. H.J. 813. [HF2215 Detail]
Download: Iowa-2017-HF2215-Introduced.html
House File 2215 - Introduced HOUSE FILE BY NIELSEN A BILL FOR 1 An Act relating to township funding for fire protection and 2 emergency medical services and including applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5918YH (3) 87 md/rj PAG LIN 1 1 Section 1. Section 359.43, subsection 2, Code 2018, is 1 2 amended to read as follows: 1 3 2. a. If the levy authorized under subsection 1 is 1 4 insufficient to provide the services authorized or required 1 5 under section 359.42, the township trustees may levy an 1 6 additional annual tax not exceeding twenty and one=fourth cents 1 7 per thousand dollars of assessed value of the taxable property 1 8 in the township, excluding any property within the corporate 1 9 limits of a city,that is subject to the levy under subsection 1 10 1 to provide the services. 1 11 b. (1) The additional annual tax authorized under paragraph 1 12 "a" may be imposed at a rate exceeding the limitation in 1 13 paragraph "a" if the township trustees institute proceedings to 1 14 impose a higher additional annual tax by conducting a public 1 15 hearing and causing a notice of the public hearing and the 1 16 proposal to impose the higher additional annual tax, including 1 17 a statement of the additional annual tax levy rate proposed 1 18 to be levied and the right to petition for an election, to be 1 19 published in the manner provided in section 359.52. 1 20 (2) If at any time before the date fixed for taking action 1 21 to approve the higher additional annual tax rate, a petition 1 22 is filed with the township clerk asking that the question 1 23 of levying the higher rate be submitted to the registered 1 24 voters of the township, the township trustees shall either by 1 25 resolution declare the proposal to levy the higher rate to 1 26 have been abandoned or shall direct the county commissioner 1 27 of elections to call a special election upon the question of 1 28 levying the higher rate held on a date specified in section 1 29 39.2, subsection 4, paragraph "a", occurring prior to the date 1 30 for certification of the township budget for the fiscal year 1 31 for which the higher additional annual tax is proposed. 1 32 (3) The petition is valid if signed by eligible electors 1 33 of the township equal in number to at least ten percent of the 1 34 votes cast in the township for the office of president of the 1 35 United States or governor at the preceding general election, or 2 1 one thousand, whichever is less. The petition shall include 2 2 the signatures of the petitioners, a statement of their place 2 3 of residence, and the date on which they signed the petition. 2 4 (4) A petition shall be examined before it is accepted for 2 5 filing. If it appears valid on its face, it shall be accepted 2 6 for filing. If it lacks the required number of signatures, it 2 7 shall be returned to the petitioners. 2 8 (5) Petitions which have been accepted for filing are valid 2 9 unless written objections are filed. Objections must be filed 2 10 with the county auditor within five working days after the 2 11 petition is filed. The objection process in section 44.7 shall 2 12 be followed for objections filed pursuant to this paragraph "b". 2 13 (6) If a petition is not filed or if a petition is filed 2 14 and the proposition is approved at the election, the township 2 15 trustee may impose the additional annual tax for the applicable 2 16 fiscal year at a rate not to exceed the rate approved at the 2 17 election. 2 18 Sec. 2. APPLICABILITY. This Act applies to property taxes 2 19 due and payable in fiscal years beginning on or after July 1, 2 20 2019. 2 21 EXPLANATION 2 22 The inclusion of this explanation does not constitute agreement with 2 23 the explanation's substance by the members of the general assembly. 2 24 Current Code section 359.43 authorizes township trustees 2 25 to levy an annual tax not exceeding 40.5 cents per $1,000 2 26 of assessed value of the taxable property in the township, 2 27 excluding property within a benefited fire district or within 2 28 the corporate limits of a city, for the purpose of providing 2 29 fire protection service and emergency medical service for the 2 30 township. If the 40.5 cent levy is insufficient to provide the 2 31 services authorized or required, the township trustees may levy 2 32 an additional annual tax not exceeding 20.25 cents per $1,000 2 33 of assessed value. 2 34 This bill authorizes the township trustees to impose the 2 35 additional annual tax at a rate exceeding the 20.25 cents per 3 1 $1,000 of assessed value if the township trustees institute 3 2 proceedings to impose a higher additional annual tax by 3 3 conducting a public hearing and causing a notice of the public 3 4 hearing and the proposal, including a statement of the right 3 5 to petition for an election, to be published in the manner 3 6 specified in the bill. However, if at any time before the date 3 7 fixed for taking action to approve the higher additional annual 3 8 tax rate, a petition is filed with the township clerk asking 3 9 that the question of levying the higher rate be submitted to 3 10 the registered voters of the township, the township trustees 3 11 shall either by resolution declare the proposal to levy the 3 12 higher rate to have been abandoned or shall direct the county 3 13 commissioner of elections to call a special election upon the 3 14 question of levying the higher rate occurring prior to the date 3 15 for certification of the township budget for the applicable 3 16 fiscal year. If a petition is not filed or if a petition is 3 17 filed and the proposition is approved at the election, the 3 18 township trustee may impose the additional annual tax for 3 19 the applicable fiscal year at a rate not to exceed the rate 3 20 approved at the election. 3 21 By operation of law the bill applies to a county that has, 3 22 by resolution under Code section 331.385, assumed the exercise 3 23 of the powers and duties of township trustees relating to 3 24 fire protection service and emergency medical service for any 3 25 township located in the unincorporated area of the county. 3 26 The bill applies to property taxes due and payable in fiscal 3 27 years beginning on or after July 1, 2019. LSB 5918YH (3) 87 md/rj
