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House File 623

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  468.568  DISTRICT IMPROVEMENT
  1  2 FUND – SPECIAL IMPROVEMENTS – ASSESSMENT – DEDUCTIBILITY.
  1  3    1.  The board may establish a district improvement fund
  1  4 which shall be maintained by the treasurer of the county where
  1  5 the district is located.  The board shall use the fund to
  1  6 finance the costs of an improvement.
  1  7    2.  In order to establish the fund and levy an assessment
  1  8 to finance the cost of an improvement, a petition must be
  1  9 filed with the board.  The petition must call for the fund's
  1 10 establishment, describe the proposed improvement, and be
  1 11 signed by landowners owning at least seventy-five percent of
  1 12 the land within the district to be assessed for benefits.  The
  1 13 board shall determine if the petition satisfies the
  1 14 requirements of this section at its next meeting following the
  1 15 petition's filing.  The board shall establish the fund and
  1 16 levy assessments as soon as practicable after it determines
  1 17 that the petition satisfies the requirements.
  1 18    3.  If the district is an intercounty district, the fund
  1 19 shall be maintained by the treasurer of the county designated
  1 20 by the board.  The county treasurer shall invest moneys in the
  1 21 fund in United States government bonds, time certificates of
  1 22 deposit, in savings accounts in banks, or as provided in
  1 23 chapter 12C as required by the board of supervisors.  Interest
  1 24 collected by the treasurer on the funds invested shall be
  1 25 credited to the fund.
  1 26    4.  The board shall levy an assessment on lands within the
  1 27 district in order to finance the cost of the improvement in
  1 28 the same manner and according to the same procedures as
  1 29 provided in subchapter I.  However, the board may provide that
  1 30 the owners of land against which a levy is made pay the levied
  1 31 amount based on an installment payment schedule established by
  1 32 the board.  The schedule shall provide that the payments of
  1 33 the assessment must be completed within five years from the
  1 34 date that the assessment is levied.  The assessment is due and
  1 35 payable with the first half of ordinary taxes.  It shall be
  2  1 collected in the same manner with the same interest for
  2  2 delinquency as ordinary taxes, and shall be enforced in the
  2  3 same manner as enforcing collection by tax sale.
  2  4    5.  The payment of an assessment by a landowner shall be
  2  5 deductible in determining net income for the purposes of the
  2  6 state individual and corporate income tax under divisions II
  2  7 and III of chapter 422.
  2  8    6.  The board shall begin construction of the improvement
  2  9 as provided in subchapter I within five years after the
  2 10 assessment is levied.  The fund is abolished after moneys in
  2 11 the fund have been used to finance the costs of the
  2 12 improvement.  
  2 13                           EXPLANATION
  2 14    This bill amends Code chapter 468 which concerns the
  2 15 organization and management of drainage districts, including
  2 16 levying assessments against land within the district to
  2 17 finance the costs of making improvements.
  2 18    This bill provides for the establishment of a district
  2 19 improvement fund to finance the costs of a special
  2 20 improvement.  The bill requires that in order to establish the
  2 21 fund and an assessment to pay for the cost of the improvement,
  2 22 a petition must be filed with the board with the names of
  2 23 landowners in the district owning at least 75 percent of the
  2 24 land within the district to be assessed for benefits.  The
  2 25 bill provides for the management of the fund.  It provides
  2 26 that the board must levy an assessment on lands within the
  2 27 district in order to finance the cost of the improvement in
  2 28 the same manner and according to the same procedures as
  2 29 provided for other assessments.  The bill provides that the
  2 30 board may provide that the owners of land against which a levy
  2 31 is made pay the levied amount based on an installment payment
  2 32 schedule.  The bill provides for the collection of the
  2 33 assessment.  It provides that the payment amount of the
  2 34 assessment is tax deductible.  The bill provides that the
  2 35 construction of the improvement must begin within five years
  3  1 after the levy and that the fund must be abolished after
  3  2 moneys in the fund have been expended.  
  3  3 LSB 2603HH 77
  3  4 da/cf/24
     

Text: HF00622                           Text: HF00624
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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