Bill Text: IA HF2479 | 2017-2018 | 87th General Assembly | Amended


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. (Formerly HF 2454 and HF 2215.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-04-26 - Subcommittee recommends amendment and passage. [HF2479 Detail]

Download: Iowa-2017-HF2479-Amended.html

House File 2479 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON WAYS AND
                                     MEANS

                                 (SUCCESSOR TO HF 2454)
                                 (SUCCESSOR TO HF 2215)
       (As Amended and Passed by the House April 18, 2018)

                                      A BILL FOR

  1 An Act establishing a process for voter approval of a
  2    proposition to require a township to provide emergency
  3    medical service.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    HF 2479 (4) 87
    md/rj/md

PAG LIN



  1  1    Section 1.  Section 359.42, Code 2018, is amended to read as
  1  2 follows:
  1  3    359.42  Township fire protection service, emergency warning
  1  4 system, and emergency medical service.
  1  5    Except as otherwise provided in section 331.385, the
  1  6 trustees of each township shall provide fire protection service
  1  7 for the township, exclusive of any part of the township within
  1  8 a benefited fire district and may provide emergency medical
  1  9 service.  However, except as otherwise provided in section
  1 10 331.385, the trustees of a township shall provide emergency
  1 11 medical service for the township if required to do so by a
  1 12 proposition approved under section 359.44. The trustees may
  1 13 purchase, own, rent, or maintain fire protection service or
  1 14 emergency medical service apparatus or equipment or both
  1 15 kinds of apparatus or equipment and provide housing for the
  1 16 equipment. The trustees of a township which is located within
  1 17 a county having a population of three hundred thousand or
  1 18 more may also establish and maintain an emergency warning
  1 19 system within the township. The trustees may contract with a
  1 20 public or private agency under chapter 28E for the purpose of
  1 21 providing any service or system required or authorized under
  1 22 this section.
  1 23    Sec. 2.  NEW SECTION.  359.44  Emergency medical service ====
  1 24 motion or petition ==== election.
  1 25    1.  a.  Unless the county is providing emergency medical
  1 26 service to a township pursuant to section 331.385, the board
  1 27 of township trustees may on its own motion, and upon receipt
  1 28 of a valid petition shall, direct the county commissioner of
  1 29 elections to submit to the registered voters of the township,
  1 30 excluding those areas of the township within corporate
  1 31 boundaries of a city, the proposition of requiring the township
  1 32 to provide emergency medical service to those areas of the
  1 33 township outside the corporate limits of a city and outside
  1 34 those areas being provided emergency medical service under
  1 35 chapter 357F or 357J for a period of time stated in the
  2  1 proposition but not less than four years.
  2  2    b.  A valid petition shall be signed by eligible electors of
  2  3 the township residing outside the corporate limits of a city
  2  4 equal in number to at least twenty=five percent of the number
  2  5 of votes cast in the township outside the corporate limits
  2  6 of a city for the office of president of the United States
  2  7 or governor at the preceding general election. The petition
  2  8 shall include the signatures of the petitioners, a statement
  2  9 of their place of residence, and the date on which they signed
  2 10 the petition.
  2 11    c.  The election shall be held at the next general election
  2 12 following adoption of the board's motion or receipt of the
  2 13 valid petition. However, a petition authorized by this section
  2 14 shall be filed not later than eighty=two days before the date
  2 15 of the general election if the proposition is to be voted upon
  2 16 at the general election. If a valid petition is filed after
  2 17 that date, the proposition shall be voted on at the general
  2 18 election following the next general election.
  2 19    d.  A petition shall be examined before it is accepted for
  2 20 filing. If it appears valid on its face, it shall be accepted
  2 21 for filing. If it lacks the required number of signatures, it
  2 22 shall be returned to the petitioners.
  2 23    e.  Petitions which have been accepted for filing are valid
  2 24 unless written objections are filed. Objections must be
  2 25 filed with the county auditor within five working days after
  2 26 the petition was filed. The objection process in section
  2 27 44.7 shall be followed for objections filed pursuant to this
  2 28 section.
  2 29    2.  The question shall be submitted to the voters in
  2 30 substantially the following form:
  2 31 Shall the township of ..............., in ...............
  2 32 County, Iowa, be required to provide emergency medical
  2 33 service to those areas of ............... township outside the
  2 34 corporate limits of a city and outside the areas receiving
  2 35 emergency medical service from another political subdivision
  3  1 of this state and provide such service through imposition of
  3  2 a property tax in those areas of the township outside the
  3  3 corporate limits of a city?
  3  4    3.  The proposition is adopted if a majority of those
  3  5 voting on the proposition at the election approves it.  If the
  3  6 proposition is approved at election, the township trustees
  3  7 shall provide emergency medical service to all areas of the
  3  8 township outside the corporate limits of a city and those areas
  3  9 not otherwise receiving such service under chapter 357F or 357J
  3 10 using methods and funding authorized in sections 359.42 and
  3 11 359.43 for the period of time approved at election, beginning
  3 12 with the fiscal year beginning July 1 following the general
  3 13 election at which the proposition was approved.
  3 14    4.  The proposition is not affected by a change in the
  3 15 boundaries of the township.
  3 16    5.  An extension of the period of time for requiring the
  3 17 township to provide emergency medical service under this
  3 18 section or the rescission of the requirement to provide
  3 19 emergency medical service may be completed using the same
  3 20 procedure as is required for initial approval.
  3 21    6.  In lieu of the procedure under subsection 5, the
  3 22 requirement for providing emergency medical service under this
  3 23 section may be rescinded by resolution of the board of township
  3 24 trustees, upon a finding that the emergency medical service
  3 25 being provided has not been beneficial or is unnecessary.
       HF 2479 (4) 87
       md/rj/md
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