Bill Text: IA HF562 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to funding emergency medical services by modifying provisions relating to city emergency medical services districts, benefited emergency medical services districts, and optional taxes for emergency medical services.(Formerly HSB 186.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2021-03-03 - Subcommittee: R. Smith, Boulton, and Goodwin. S.J. 509. [HF562 Detail]

Download: Iowa-2021-HF562-Introduced.html
House File 562 - Introduced HOUSE FILE 562 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 186) A BILL FOR An Act relating to funding emergency medical services by 1 modifying provisions relating to city emergency medical 2 services districts, benefited emergency medical services 3 districts, and optional taxes for emergency medical 4 services. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1769HV (1) 89 md/jh
H.F. 562 DIVISION I 1 EMERGENCY MEDICAL SERVICES DISTRICTS 2 Section 1. Section 357F.8, Code 2021, is amended to read as 3 follows: 4 357F.8 Election on proposed levy and candidates for trustees. 5 1. When a preliminary plat has been approved by the board, 6 an election shall be held within the district within sixty days 7 to approve or disapprove the levy of a an initial tax of not 8 more than one dollar per thousand dollars of assessed value 9 on all the taxable property within the district and to choose 10 candidates for the offices of trustees of the district. The 11 ballot shall set out the reason for the tax and the amount 12 needed. The tax shall be set to raise only the amount needed. 13 Notice of the election, including the time and place of holding 14 the election, shall be given as provided in section 357F.4 . 15 The vote shall be by ballot which shall state clearly the 16 proposition to be voted upon and any registered voter residing 17 within the district at the time of the election may vote. It 18 is not mandatory for the county commissioner of elections 19 to conduct elections held pursuant to this chapter , but the 20 elections shall be conducted in accordance with chapter 49 21 where not in conflict with this chapter . Judges shall be 22 appointed to serve without pay by the board from among the 23 registered voters of the district to be in charge of the 24 election. The proposition is approved if sixty percent of 25 those voting on the proposition vote in favor of it. 26 2. a. If the tax authorized under subsection 1 is 27 insufficient to provide the services authorized under this 28 chapter, the trustees may levy an additional annual tax, at 29 a rate necessary to provide the authorized services, if such 30 authority for an additional tax is approved at election held 31 separately and after the election held under subsection 1. 32 b. By resolution, the trustees may submit to the registered 33 voters of the district the proposition of levying the 34 additional annual tax according to the election procedures 35 -1- LSB 1769HV (1) 89 md/jh 1/ 14
H.F. 562 under subsection 1. 1 c. (1) After adoption of the resolution under paragraph 2 “b” , the board of trustees shall coordinate efforts with 3 the local emergency medical services agencies to establish 4 a district advisory council to assist in researching and 5 assessing the service needs of the district and guiding 6 implementation of services in the district within a council 7 structure and in the manner provided in the most recently 8 updated Iowa emergency medical services system standards. 9 (2) The advisory council established under subparagraph (1) 10 shall recommend to the board of trustees an amount of funding 11 to be specified on the ballot for the election held under this 12 subsection 2 and shall annually assess and review the emergency 13 medical services needs of the district and shall include the 14 results of such review and assessment in an annual report 15 filed with the board of trustees. The annual report shall be 16 publicly available upon filing with the board of trustees. 17 The board of trustees shall receive public comment regarding 18 the report at one or more meetings of the board of trustees. 19 Any meeting of the board of trustees at which public comment 20 on the annual report is heard shall be at least fourteen days 21 following the date the annual report is filed with the board 22 of trustees. 23 d. The proposition is adopted if a majority of those 24 voting on the proposition at the election approves it. If 25 the proposition is approved at election, the trustees may 26 impose the additional annual tax beginning with the fiscal 27 year beginning July 1 following the election at which the 28 proposition was approved. The proposition is not affected by a 29 change in the boundaries of the district. 30 e. Discontinuance of the authority to impose an additional 31 tax under this chapter shall be by petition and election. 32 Upon petition of twenty-five percent of the resident eligible 33 electors, the board shall submit to the voters of the district 34 the question of whether to discontinue the authority to impose 35 -2- LSB 1769HV (1) 89 md/jh 2/ 14
H.F. 562 the additional tax according to the election procedures under 1 subsection 1. If a majority of those voting on the question 2 of discontinuance of the trustees’ authority to impose the 3 tax favors discontinuance, the trustees shall not impose the 4 additional tax for any fiscal year beginning after the election 5 approving the discontinuance, unless imposition is subsequently 6 again authorized at election. Following discontinuance of the 7 authority to impose the additional tax, authority to reimpose 8 the additional tax requires approval in accordance with this 9 subsection. 10 Sec. 2. Section 357F.10, Code 2021, is amended to read as 11 follows: 12 357F.10 Trustees’ powers. 13 The trustees may purchase, own, rent, or maintain emergency 14 medical services apparatus or equipment within the state or 15 outside the territorial jurisdiction and boundary limits of 16 this state, provide housing for such apparatus and equipment, 17 provide emergency medical service and facilities, and may 18 certify for levy an annual tax taxes as provided in section 19 357F.8 . The trustees may purchase material, employ emergency 20 medical service and other personnel, and may perform all other 21 acts necessary to properly maintain and operate the district. 22 The trustees may contract with any city or county or public or 23 private agency under chapter 28E for the purpose of providing 24 emergency medical services under this chapter . The trustees 25 are allowed necessary expenses in the discharge of their 26 duties, but they shall not receive a salary. 27 Sec. 3. Section 357F.11, Code 2021, is amended to read as 28 follows: 29 357F.11 Bonds in anticipation of revenue. 30 A district may anticipate the collection of taxes by the 31 levy authorized in this chapter , and to carry out the purposes 32 of this chapter may issue bonds payable in not more than ten 33 equal installments with the rate of interest not exceeding 34 that permitted by chapter 74A . An indebtedness shall not be 35 -3- LSB 1769HV (1) 89 md/jh 3/ 14
H.F. 562 incurred under this chapter until authorized by an election. 1 The election shall be held and notice given in the same 2 manner as provided in section 357F.8 , and the same a sixty 3 percent vote shall be necessary to authorize indebtedness. 4 Both propositions may be submitted to the voters at the same 5 election. 6 Sec. 4. Section 357G.8, Code 2021, is amended to read as 7 follows: 8 357G.8 Election on proposed levy and candidates for trustees. 9 1. When a preliminary plat has been approved by the council, 10 an election shall be held within the district within sixty 11 days to approve or disapprove the levy of a an initial tax 12 of not more than one dollar per thousand dollars of assessed 13 value on all the taxable property within the district and 14 to choose candidates for the offices of trustees of the 15 district. The ballot shall set out the reason for the tax and 16 the amount needed. The tax shall be set to raise only the 17 amount needed. Notice of the election, including the time and 18 place of holding the election, shall be given as provided in 19 section 357G.4 . The vote shall be by ballot which shall state 20 clearly the proposition to be voted upon and any registered 21 voter residing within the district at the time of the election 22 may vote. It is not mandatory for the county commissioner of 23 elections to conduct elections held pursuant to this chapter , 24 but the elections shall be conducted in accordance with chapter 25 49 where not in conflict with this chapter . Judges shall 26 be appointed to serve without pay by the council from among 27 the registered voters of the district to be in charge of the 28 election. The proposition is approved if sixty percent of 29 those voting on the proposition vote in favor of it. 30 2. a. If the tax authorized under subsection 1 is 31 insufficient to provide the services authorized under this 32 chapter, the trustees may levy an additional annual tax, at 33 a rate necessary to provide the authorized services, if such 34 authority for an additional tax is approved at election held 35 -4- LSB 1769HV (1) 89 md/jh 4/ 14
H.F. 562 separately and after the election held under subsection 1. 1 b. By resolution, the trustees may submit to the registered 2 voters of the district the proposition of levying the 3 additional annual tax according to the election procedures 4 under subsection 1. 5 c. (1) After adoption of the resolution under paragraph 6 “b” , the board of trustees shall coordinate efforts with 7 the local emergency medical services agencies to establish 8 a district advisory council to assist in researching and 9 assessing the service needs of the district and guiding 10 implementation of services in the district within a council 11 structure and in the manner provided in the most recently 12 updated Iowa emergency medical services system standards. 13 (2) The district advisory council established under 14 subparagraph (1) shall recommend to the board of trustees 15 an amount of funding to be specified on the ballot for the 16 election held under this subsection 2 and shall annually assess 17 and review the emergency medical services needs of the district 18 and shall include the results of such review and assessment 19 in an annual report filed with the board of trustees. The 20 annual report shall be publicly available upon filing with the 21 board of trustees. The board of trustees shall receive public 22 comment regarding the report at one or more meetings of the 23 board of trustees. Any meeting of the board of trustees at 24 which public comment on the annual report is heard shall be at 25 least fourteen days following the date the annual report is 26 filed with the board of trustees. 27 d. The proposition is adopted if a majority of those 28 voting on the proposition at the election approves it. If 29 the proposition is approved at election, the trustees may 30 impose the additional annual tax beginning with the fiscal 31 year beginning July 1 following the election at which the 32 proposition was approved. The proposition is not affected by a 33 change in the boundaries of the district. 34 e. Discontinuance of the authority to impose an additional 35 -5- LSB 1769HV (1) 89 md/jh 5/ 14
H.F. 562 tax under this chapter shall be by petition and election. 1 Upon petition of twenty-five percent of the resident eligible 2 electors, the board shall submit to the voters of the district 3 the question of whether to discontinue the authority to impose 4 the additional tax according to the election procedures under 5 subsection 1. If a majority of those voting on the question 6 of discontinuance of the trustees’ authority to impose the 7 tax favors discontinuance, the trustees shall not impose the 8 additional tax for any fiscal year beginning after the election 9 approving the discontinuance, unless imposition is subsequently 10 again authorized at election. Following discontinuance of the 11 authority to impose the additional tax, authority to reimpose 12 the additional tax requires approval in accordance with this 13 subsection. 14 Sec. 5. Section 357G.10, Code 2021, is amended to read as 15 follows: 16 357G.10 Trustees’ powers. 17 The trustees may purchase, own, rent, or maintain emergency 18 medical services apparatus or equipment within the state or 19 outside the territorial jurisdiction and boundary limits of 20 this state, provide housing for such apparatus and equipment, 21 provide emergency medical service and facilities, and may 22 certify for levy an annual tax taxes as provided in section 23 357G.8 . The trustees may purchase material, employ emergency 24 medical service and other personnel, and may perform all other 25 acts necessary to properly maintain and operate the district. 26 The trustees may contract with any other city or county or 27 public or private agency under chapter 28E for the purpose of 28 providing emergency medical services under this chapter . The 29 trustees are allowed necessary expenses in the discharge of 30 their duties, but they shall not receive a salary. 31 Sec. 6. Section 357G.11, Code 2021, is amended to read as 32 follows: 33 357G.11 Bonds in anticipation of revenue. 34 A district may anticipate the collection of taxes by the 35 -6- LSB 1769HV (1) 89 md/jh 6/ 14
H.F. 562 levy authorized in this chapter , and to carry out the purposes 1 of this chapter may issue bonds payable in not more than ten 2 equal installments with the rate of interest not exceeding 3 that permitted by chapter 74A . An indebtedness shall not be 4 incurred under this chapter until authorized by an election. 5 The election shall be held and notice given in the same 6 manner as provided in section 357G.8 , and the same a sixty 7 percent vote shall be necessary to authorize indebtedness. 8 Both propositions may be submitted to the voters at the same 9 election. 10 DIVISION II 11 OPTIONAL TAXES FOR EMERGENCY MEDICAL SERVICES 12 Sec. 7. Section 422D.1, Code 2021, is amended to read as 13 follows: 14 422D.1 Authorization —— election —— imposition and repeal —— 15 use of revenues. 16 1. a. A Upon adoption of a resolution declaring emergency 17 medical services to be an essential county service under 18 subsection 1A, and subject to the limitations of this chapter, 19 a county board of supervisors may offer for voter approval 20 the authorization to impose any of the following taxes or a 21 combination of the following taxes: 22 (1) Local option income surtax. 23 (2) An ad valorem property tax. 24 b. Revenues generated from these taxes shall be used for 25 emergency medical services as provided in section 422D.6 . 26 1A. a. To be effective, the resolution declaring emergency 27 medical services to be an essential service shall be considered 28 and voted on for approval at two meetings of the board prior to 29 the meeting at which the resolution is to be finally approved 30 by a majority of the board by recorded vote, as defined in 31 section 331.101. Notice of the first meeting of the board 32 at which the resolution is considered and voted on shall be 33 published not less than sixty days prior to the date of the 34 meeting in one or more newspapers that meet the requirements 35 -7- LSB 1769HV (1) 89 md/jh 7/ 14
H.F. 562 of section 618.14. The board shall not suspend or waive the 1 requirements for approval of the resolution or approval of the 2 imposition of a tax under this chapter. 3 b. Each county for which a resolution has been adopted 4 under this subsection shall coordinate efforts with the local 5 emergency medical services agencies to establish a county 6 emergency medical services system advisory council to assist 7 in researching and assessing the service needs of the county 8 and guiding implementation of services in the county within 9 a council structure and in the manner provided in the most 10 recently updated Iowa emergency medical services system 11 standards. 12 c. The county emergency medical services system advisory 13 council established under paragraph “b” shall recommend to the 14 board of supervisors an amount of funding to be specified on 15 the ballot under section 422D.5, and if one or more of the 16 taxes are approved at election, shall annually assess and 17 review the emergency medical services needs of the county, and 18 shall include the results of such review and assessment in an 19 annual report filed with the board of supervisors. The annual 20 report shall be publicly available upon filing with the board 21 of supervisors. The board of supervisors shall receive public 22 comment regarding the report at one or more meetings of the 23 board of supervisors. Any meeting of the board of supervisors 24 at which public comment on the annual report is heard shall be 25 at least fourteen days following the date the annual report is 26 filed with the board of supervisors. 27 d. A resolution declaring emergency medical services to be 28 an essential service shall be deemed void if the proposition 29 to impose the taxes fails at election or if discontinuance of 30 the authority to impose the tax is approved at election under 31 subsection 4. 32 2. a. The taxes for emergency medical services shall only 33 be imposed after an election at which a majority of those 34 voting on the question of imposing the tax or combination of 35 -8- LSB 1769HV (1) 89 md/jh 8/ 14
H.F. 562 taxes specified in subsection 1 , paragraph “a” , subparagraph 1 (1) or (2), vote in favor of the question. However, the tax 2 or combination of taxes specified in subsection 1 shall not 3 be imposed on property within or on residents of a benefited 4 emergency medical services district under chapter 357F . The 5 question of imposing the tax or combination of the taxes may 6 be submitted at the regular city election, a special election, 7 or the general election. Notice of the question shall be 8 provided by publication at least sixty days before the time of 9 the election and shall identify the tax or combination of taxes 10 and the rate or rates, as applicable. If a majority of those 11 voting on the question approve the imposition of the tax or 12 combination of taxes, the tax or combination of taxes shall may 13 be imposed as follows: 14 (1) A local option income surtax shall may be imposed for 15 tax years beginning on or after January 1 of the fiscal year in 16 which the favorable election was held following the date the 17 ordinance is filed with the director of revenue under section 18 422D.3, subsection 3 . 19 (2) An ad valorem property tax shall may be imposed for the 20 property taxes due and payable in fiscal year years beginning 21 after the fiscal year in which the election was held. 22 b. Before a county imposes an income surtax as specified 23 in subsection 1 , paragraph “a” , subparagraph (1), a benefited 24 emergency medical services district in the county shall be 25 dissolved, and the county shall be liable for the outstanding 26 obligations of the benefited district. If the benefited 27 district extends into more than one county, the county imposing 28 the income surtax shall be liable for only that portion of the 29 obligations relating to the portion of the benefited district 30 in the county. 31 3. Revenues received by the county from the taxes imposed 32 under this chapter shall be deposited into the emergency 33 medical services trust fund created pursuant to section 422D.6 34 and shall be used as provided in that section. 35 -9- LSB 1769HV (1) 89 md/jh 9/ 14
H.F. 562 4. Any tax or combination of taxes imposed shall be for a 1 maximum period of five years Discontinuance of the authority 2 to impose a tax under this chapter shall be by petition and 3 election . Upon receipt of a valid petition as provided in 4 section 331.306, the board of supervisors shall direct the 5 county commissioner of elections to submit to the voters of the 6 county the question of whether to discontinue the authority 7 to impose one or more of the taxes under this chapter. If a 8 majority of those voting on the question of discontinuance of 9 the board’s authority to impose the tax favors discontinuance, 10 the board shall not impose the property tax for any fiscal 11 year beginning after the election approving the discontinuance 12 and shall not impose the income surtax for any tax year 13 beginning after the election approving the discontinuance 14 unless imposition is subsequently again authorized at election. 15 Following discontinuance of the authority to impose the taxes 16 under this chapter, authority to reimpose the taxes requires 17 approval in accordance with this section. 18 Sec. 8. Section 422D.3, subsection 1, Code 2021, is amended 19 to read as follows: 20 1. A local income surtax shall may be imposed for tax years 21 beginning on or after January 1 of the fiscal year in which 22 the favorable election was held for tax years beginning on or 23 after January 1 following the date the ordinance is filed with 24 the director of revenue under subsection 3 , and is repealed as 25 provided in section 422D.1, subsection 4 , as of December 31 for 26 tax years beginning after December 31 . 27 Sec. 9. Section 422D.5, Code 2021, is amended to read as 28 follows: 29 422D.5 Property tax levy. 30 A county may levy an emergency medical services tax at 31 the rate set by the board of supervisors and approved at the 32 election as provided in section 422D.1 , on all taxable property 33 in the county for fiscal years beginning with property taxes 34 due and payable in the fiscal year beginning after the fiscal 35 -10- LSB 1769HV (1) 89 md/jh 10/ 14
H.F. 562 year in which the favorable election was held. The reason 1 for imposing the tax and the amount needed , as determined by 2 the board of supervisors after recommendation of the county 3 emergency medical services system advisory council, shall be 4 set out on the ballot. The rate shall be set so as to raise 5 only the amount needed. The authority to impose the levy is 6 repealed for subsequent fiscal years may be discontinued as 7 provided in section 422D.1, subsection 4 . 8 Sec. 10. Section 422D.6, subsection 1, Code 2021, is amended 9 to read as follows: 10 1. A county authorized to impose a tax under this chapter 11 shall establish an emergency medical services trust fund 12 into which revenues received from the taxes imposed shall 13 be deposited. Moneys in the trust fund shall be used for 14 emergency medical services. In addition, moneys in the 15 fund may be used for the purpose of matching federal or 16 state funds for education and training related to emergency 17 medical services. Moneys remaining in the fund following 18 discontinuance of the authority to impose the taxes as provided 19 in section 422D.1, subsection 4, shall remain in the fund and 20 may be expended for the purposes specified in this section. 21 Sec. 11. IMPLEMENTATION. This division of this Act shall 22 not affect the imposition and collection of taxes under chapter 23 422D in effect on July 1, 2021, and such taxes shall continue 24 to be imposed and administered until the period of authority to 25 impose such taxes in effect immediately prior to July 1, 2021, 26 expires. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to funding emergency medical services. 31 A benefited emergency medical services district established 32 by a county board of supervisors under Code chapter 357F 33 authorizes the district trustees to levy a tax of not more than 34 $1 per $1,000 of assessed value on all the taxable property 35 -11- LSB 1769HV (1) 89 md/jh 11/ 14
H.F. 562 within the district. Division I of the bill provides that 1 if the $1 per $1,000 tax levy is insufficient to provide the 2 district’s services, the trustees may levy an additional annual 3 tax, at a rate necessary to provide the authorized services, if 4 such authority is approved at election by a majority of those 5 voting on the proposition at a separate election. In addition, 6 after adoption of the resolution to submit the proposition 7 to the electors, the district must coordinate efforts with 8 the local emergency medical services agencies to establish a 9 district advisory council to recommend an amount of taxes to be 10 raised and included on the ballot and to assist in researching 11 and assessing the service needs of the district and guiding 12 implementation of services. The bill establishes annual 13 emergency medical service assessment and reporting requirements 14 for each district advisory council. Discontinuance of the 15 authority to impose the additional tax under the bill must be 16 by petition and election of the resident eligible electors. 17 A city emergency medical services district established 18 by a city council under Code chapter 357G authorizes the 19 district trustees to levy a tax of not more than $1 per $1,000 20 of assessed value on all the taxable property within the 21 district. Division I of the bill provides that if the $1 per 22 $1,000 tax levy is insufficient to provide the district’s 23 services, the trustees may levy an additional annual tax, 24 at a rate necessary to provide the authorized services, if 25 such authority is approved at election by a majority of those 26 voting on the proposition at a separate election. In addition, 27 after adoption of the resolution to submit the proposition 28 to the electors, the district must coordinate efforts with 29 the local emergency medical services agencies to establish a 30 district advisory council to recommend an amount of taxes to be 31 raised and included on the ballot and to assist in researching 32 and assessing the service needs of the district and guiding 33 implementation of services. The bill establishes annual 34 emergency medical service assessment and reporting requirements 35 -12- LSB 1769HV (1) 89 md/jh 12/ 14
H.F. 562 for each district advisory council. Discontinuance of the 1 authority to impose the additional tax under the bill must be 2 by petition and election of the resident eligible electors. 3 Code chapter 422D authorizes counties to impose a property 4 tax levy, an income surtax, or a combination of both taxes 5 within the county, excluding those areas within a benefited 6 emergency medical services district under Code chapter 357F, 7 to be used for emergency medical services, if the taxes are 8 approved at election. 9 Division II of the bill establishes a requirement for 10 counties, prior to seeking approval from the voters to impose 11 the taxes, to adopt a resolution declaring emergency medical 12 services to be an essential service within the county. The 13 bill establishes the procedural requirement for adoption of the 14 resolution and provides that the requirements for approval of 15 the resolution or approval of the imposition of a tax shall not 16 be suspended or waived by the board. 17 In addition, each county for which such a resolution has 18 been adopted shall coordinate efforts with the local emergency 19 medical services agencies to establish a county emergency 20 medical services system advisory council to recommend an amount 21 of taxes to be raised and included on the ballot and assist 22 in researching and assessing the service needs of the county 23 and guiding implementation of services in the county. The 24 bill establishes annual emergency medical service assessment 25 and reporting requirements for each county emergency medical 26 services system advisory council. 27 Code chapter 422D currently provides that imposition of the 28 taxes or combination of taxes is for a maximum period of five 29 years. The bill removes the five-year limitation and provides 30 that discontinuance of the county’s authority to impose the 31 taxes is required to be by petition of eligible electors and 32 election. The bill also specifies that a county may not impose 33 the taxes for any fiscal year or tax year, as applicable, 34 beginning after the election approving the discontinuance of 35 -13- LSB 1769HV (1) 89 md/jh 13/ 14
H.F. 562 authority unless subsequently again approved for imposition. 1 Following discontinuance of authority, authority to reimpose 2 the taxes requires approval in accordance with Code section 3 422D.1, as amended in the bill. 4 The bill amends provisions regarding the permissible years 5 for which imposition of the approved taxes may begin. 6 Division II of the bill does not affect the imposition 7 and collection of taxes under Code chapter 422D in effect on 8 July 1, 2021, and such taxes shall continue to be imposed and 9 administered until the period of authority to impose such taxes 10 in effect immediately prior to July 1, 2021, expires. 11 -14- LSB 1769HV (1) 89 md/jh 14/ 14
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