Bill Text: IA HF2602 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to county emergency medical services by modifying provisions relating to optional taxes for emergency medical services. (Formerly HF 2434, HSB 631.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-03-04 - Introduced, placed on Ways and Means calendar. H.J. 449. [HF2602 Detail]

Download: Iowa-2019-HF2602-Introduced.html
House File 2602 - Introduced HOUSE FILE 2602 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 2434) (SUCCESSOR TO HSB 631) A BILL FOR An Act relating to county emergency medical services by 1 modifying provisions relating to optional taxes for 2 emergency medical services. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6174HZ (1) 88 md/jh
H.F. 2602 Section 1. Section 422D.1, Code 2020, is amended to read as 1 follows: 2 422D.1 Authorization —— election —— imposition and repeal —— 3 use of revenues. 4 1. a. A Upon adoption of a resolution declaring emergency 5 medical services to be an essential county service under 6 subsection 1A, and subject to the limitations of this chapter, 7 a county board of supervisors may offer for voter approval 8 impose any of the following taxes or a combination of the 9 following taxes: 10 (1) Local option income surtax. 11 (2) An ad valorem property tax. 12 b. Revenues generated from these taxes shall be used for 13 emergency medical services as provided in section 422D.6 . 14 1A. a. To be effective, the resolution declaring emergency 15 medical services to be an essential service shall be considered 16 and voted on for approval at two meetings of the board prior to 17 the meeting at which the resolution is to be finally approved 18 by a majority of the board by recorded vote, as defined in 19 section 331.101. Notice of the first meeting of the board 20 at which the resolution is considered and voted on shall be 21 published not less than sixty days prior to the date of the 22 meeting in one or more newspapers that meet the requirements 23 of section 618.14. The requirements for approval of the 24 resolution or approval of the imposition of a tax under this 25 chapter shall not be suspended or waived by the board. 26 b. Each county for which a resolution has been adopted 27 under this subsection shall coordinate efforts between 28 the county emergency management coordinator and the local 29 emergency medical services agencies to establish a county 30 emergency medical services system advisory council to assist 31 in researching and assessing the service needs of the county 32 and guiding implementation of services in the county within 33 a council structure and in the manner provided in the most 34 recently updated Iowa emergency medical services system 35 -1- LSB 6174HZ (1) 88 md/jh 1/ 7
H.F. 2602 standards. 1 c. The county emergency medical services system advisory 2 council established under paragraph “b” shall annually assess 3 and review the emergency medical services needs of the county 4 and shall include the results of such review and assessment 5 in an annual report filed with the board of supervisors. The 6 annual report shall be publicly available upon filing with the 7 board of supervisors. The board of supervisors shall receive 8 public comment regarding the report at one or more meetings 9 of the board of supervisors. Any meeting of the board of 10 supervisors at which public comment on the annual report is 11 heard shall be at least fourteen days following the date the 12 annual report is filed with the board of supervisors. 13 2. a. The taxes for emergency medical services shall only 14 be imposed after an election at which a majority of those 15 voting on the question of imposing the tax or combination of 16 taxes specified in subsection 1 , paragraph “a” , subparagraph 17 (1) or (2), vote in favor of the question. However, the A tax 18 or combination of taxes specified in subsection 1 shall not 19 be imposed on property within or on residents of a benefited 20 emergency medical services district under chapter 357F . The 21 question of imposing the tax or combination of the taxes may 22 be submitted at the regular city election, a special election, 23 or the general election. Notice of the question shall be 24 provided by publication at least sixty days before the time of 25 the election and shall identify the tax or combination of taxes 26 and the rate or rates, as applicable. If a majority of those 27 voting on the question approve the imposition of the tax or 28 combination of taxes, the The tax or combination of taxes shall 29 may be imposed as follows: 30 (1) A local option income surtax shall may be imposed for 31 tax years beginning on or after January 1 of the fiscal year in 32 which the favorable election was held ordinance imposing the 33 surtax is filed with the director under section 422D.3 . 34 (2) An ad valorem property tax shall may be imposed for the 35 -2- LSB 6174HZ (1) 88 md/jh 2/ 7
H.F. 2602 fiscal year in which the election was held resolution under 1 subsection 1A is adopted . 2 b. Before a county imposes an income surtax as specified 3 in subsection 1 , paragraph “a” , subparagraph (1), a benefited 4 emergency medical services district in the county shall be 5 dissolved, and the county shall be liable for the outstanding 6 obligations of the benefited district. If the benefited 7 district extends into more than one county, the county imposing 8 the income surtax shall be liable for only that portion of the 9 obligations relating to the portion of the benefited district 10 in the county. 11 3. Revenues received by the county from the taxes imposed 12 under this chapter shall be deposited into the emergency 13 medical services trust fund created pursuant to section 422D.6 14 and shall be used as provided in that section. 15 4. Any tax or combination of taxes imposed shall be for a 16 maximum period of five years. Discontinuance of the authority 17 to impose a tax under this chapter shall be by petition and 18 election. Upon receipt of a valid petition as provided in 19 section 331.306, the board of supervisors shall direct the 20 county commissioner of elections to submit to the voters of the 21 county the question of whether to discontinue the authority 22 to impose one or more of the taxes under this chapter. If a 23 majority of those voting on the question of discontinuance of 24 the board’s authority to impose the tax favors discontinuance, 25 the board shall not impose the property tax for any fiscal 26 year beginning after the election approving the discontinuance 27 and shall not impose the income surtax for any tax year 28 beginning after the election approving the discontinuance 29 unless imposition is subsequently again authorized at election. 30 Following discontinuance of the authority to impose the taxes 31 under this chapter, authority to reimpose the taxes requires 32 approval in accordance with this section. 33 Sec. 2. Section 422D.3, subsection 1, Code 2020, is amended 34 to read as follows: 35 -3- LSB 6174HZ (1) 88 md/jh 3/ 7
H.F. 2602 1. A local income surtax shall be imposed January 1 of 1 the fiscal year in which the favorable election was held 2 ordinance imposing the surtax is filed with the director under 3 subsection 3 for tax years beginning on or after January 1, and 4 is repealed as provided in section 422D.1, subsection 4 , as of 5 December 31 for tax years beginning after December 31 . 6 Sec. 3. Section 422D.5, Code 2020, is amended to read as 7 follows: 8 422D.5 Property tax levy. 9 A county may levy an emergency medical services tax at 10 the rate set by the board of supervisors and approved at the 11 election as provided in section 422D.1 , on all taxable property 12 in the county for fiscal years beginning with the fiscal year 13 in which the favorable election was held resolution under 14 subsection 1A is adopted . The reason for imposing the tax 15 and the amount needed shall be set out on the ballot. The 16 rate shall be set so as to raise only the amount needed. The 17 authority to impose the levy is repealed for subsequent fiscal 18 years may be discontinued as provided in section 422D.1, 19 subsection 4 . 20 Sec. 4. Section 422D.6, Code 2020, is amended to read as 21 follows: 22 422D.6 Emergency medical services trust fund. 23 1. A county authorized to impose a tax under this chapter 24 shall establish an emergency medical services trust fund 25 into which revenues received from the taxes imposed shall be 26 deposited. Moneys in the trust fund shall be used for any 27 operational cost of providing emergency medical services. In 28 addition, moneys in the fund may be used for the purpose of 29 matching federal or state funds for education and training 30 related to emergency medical services. Moneys remaining in the 31 fund following discontinuance of the authority to impose the 32 taxes as provided in section 422D.1, subsection 4, shall remain 33 in the fund and may be expended for the purposes specified in 34 this section. 35 -4- LSB 6174HZ (1) 88 md/jh 4/ 7
H.F. 2602 2. A county may enter into chapter 28E agreements with other 1 counties in order to ensure adequate coverage of the county’s 2 service area. 3 3. Costs which are eligible for emergency medical services 4 trust fund expenditures include, but are not limited to: 5 a. Defibrillators. 6 b. Nondisposable essential ambulance equipment, as defined 7 by rule by the Iowa department of public health. 8 c. Communications pagers, radios, and base repeaters. 9 d. Training in the use of emergency medical services 10 equipment. 11 e. Vehicles including, but not limited to, ambulances, 12 fire apparatus, boats, rescue/first response vehicles, and 13 snowmobiles. 14 f. Automotive parts. 15 g. Buildings. 16 h. Land. 17 Sec. 5. IMPLEMENTATION. This Act shall not affect the 18 imposition and collection of taxes under chapter 422D in effect 19 on July 1, 2020, and such taxes shall continue to be imposed 20 and administered until the period of authority to impose such 21 taxes in effect immediately prior to July 1, 2020, expires. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 Code chapter 422D authorizes counties to impose a property 26 tax levy, an income surtax, or a combination of both taxes 27 within the county, excluding those areas within a benefited 28 emergency medical services district under Code chapter 357F, 29 to be used for emergency medical services, if the taxes are 30 approved at election. 31 This bill strikes the requirement for an election to 32 authorize the imposition of the property tax or income surtax 33 and, instead, establishes a requirement for counties, prior to 34 receiving authority to impose the property tax levy and income 35 -5- LSB 6174HZ (1) 88 md/jh 5/ 7
H.F. 2602 surtax, to adopt a resolution declaring emergency medical 1 services to be an essential service within the county. The 2 bill establishes the procedural requirement for adoption of the 3 resolution and provides that the requirements for approval of 4 the resolution or approval of the imposition of a tax shall not 5 be suspended or waived by the board. In addition, each county 6 for which such a resolution has been adopted shall coordinate 7 efforts between the county emergency management coordinator and 8 the local emergency medical services agencies to establish a 9 county emergency medical services system advisory council to 10 assist in researching and assessing the service needs of the 11 county and guiding implementation of services in the county 12 within a council structure and in the manner provided in the 13 most recently updated Iowa emergency medical services system 14 standards. The bill establishes annual emergency medical 15 service assessment and reporting requirements for each county 16 emergency medical services system advisory council. 17 Code chapter 422D currently provides that imposition of the 18 taxes or combination of taxes is for a maximum period of five 19 years. The bill removes the five-year limitation and provides 20 that discontinuance of the county’s authority to impose the 21 taxes is required to be by petition of eligible electors and 22 election. The bill also specifies that a county may not impose 23 the taxes for any fiscal year or tax year, as applicable, 24 beginning after the election approving the discontinuance of 25 authority unless subsequently again approved for imposition. 26 Following discontinuance of authority, authority to reimpose 27 the taxes requires approval in accordance with Code section 28 422D.1, as amended in the bill. 29 The bill also strikes the limitation that counties, when 30 entering into Code chapter 28E agreements to ensure adequate 31 coverage of the county’s service area, may only enter into such 32 agreements with other counties. 33 The bill also modifies provisions governing the permissible 34 uses of tax revenues deposited into the county emergency 35 -6- LSB 6174HZ (1) 88 md/jh 6/ 7
H.F. 2602 medical services trust fund by striking language enumerating 1 some eligible expenditures and instead specifies that moneys 2 in the trust fund shall be used for any operational cost of 3 providing emergency medical services. 4 The bill does not affect the imposition and collection 5 of taxes under Code chapter 422D in effect on July 1, 2020, 6 and such taxes shall continue to be imposed and administered 7 until the period of authority to impose such taxes in effect 8 immediately prior to July 1, 2020, expires. 9 -7- LSB 6174HZ (1) 88 md/jh 7/ 7
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