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PAG LIN
1 1 Section 1. Section 331.756, Code 1997, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 58. Commence legal proceedings to enforce
1 4 laws, rules, or ordinances and prosecute violations related to
1 5 alcohol and drug nuisances pursuant to chapter 657B.
1 6 Sec. 2. NEW SECTION. 657B.1 PURPOSE.
1 7 The purpose of the public nuisance task force pilot project
1 8 is to improve the quality of life of the citizens of the pilot
1 9 project communities by facilitating the cooperation of
1 10 citizens and government to work together to eliminate drug and
1 11 alcohol nuisances in the community.
1 12 Sec. 3. NEW SECTION. 657B.2 DEFINITIONS.
1 13 As used in this chapter, unless the context otherwise
1 14 requires:
1 15 1. "Alcohol nuisance" means any establishment violating
1 16 section 123.47, 123.49, 123.51, 123.52, 123.59, or 123.60.
1 17 2. "Collective enforcement action" means the coordination,
1 18 collaboration, and exercise of the collective efforts of task
1 19 force members listed in section 657B.4 to seek an abatement of
1 20 a nuisance.
1 21 3. "Drug nuisance" means a property such as a house,
1 22 apartment, or business in which illegal drugs are sold, used,
1 23 or stored and where use of the premises disturbs the
1 24 community.
1 25 Sec. 4. NEW SECTION. 657B.3 PILOT PROJECT – GOALS.
1 26 1. The department of justice shall implement and
1 27 administer a public nuisance task force pilot project in three
1 28 metropolitan areas in the state and one rural area in the
1 29 state.
1 30 2. The pilot project shall be designed to meet the
1 31 following goals:
1 32 a. Provide assistance to community organizations to
1 33 improve the quality of life in the community through a
1 34 partnership of public and private entities.
1 35 b. Streamline, coordinate, and integrate existing law
2 1 enforcement and private resources.
2 2 c. Provide assistance to improve quality of life in the
2 3 community through community empowerment.
2 4 d. Sustain improvements in quality of life in the
2 5 community through long-range community organization and
2 6 development.
2 7 Sec. 5. NEW SECTION. 657B.4 TASK FORCE.
2 8 A task force shall be established in each community where
2 9 the pilot project is implemented. Each task force shall
2 10 consist of the following persons:
2 11 1. The attorney general or the attorney general's
2 12 designee.
2 13 2. The director of the Iowa department of public health or
2 14 the director's designee.
2 15 3. A representative of the division of beer and liquor law
2 16 enforcement of the department of public safety.
2 17 4. A representative of the investigations division of the
2 18 department of inspections and appeals.
2 19 5. The county attorney or the county attorney's designee.
2 20 6. A representative of the police department.
2 21 7. A representative of the sheriff's office.
2 22 Sec. 6. NEW SECTION. 657B.5 COMMUNITY MOBILIZATION.
2 23 A community group shall be established in each community
2 24 where the pilot project is implemented. Each community group
2 25 shall designate a community liaison to organize all meetings
2 26 of the community group and collect affidavits filled out by
2 27 all community members in the community group.
2 28 Sec. 7. NEW SECTION. 657B.6 ACTION ON COMPLAINTS.
2 29 1. The community group shall send a complaint letter to an
2 30 owner of a property deemed to be a drug nuisance or alcohol
2 31 nuisance. If corrective action is not taken by the owner of
2 32 the property, the complaint shall be referred to the county
2 33 attorney's office for a determination of whether a civil or
2 34 criminal action may be initiated by the county attorney
2 35 pursuant to section 331.756, subsection 58.
3 1 2. The county attorney shall forward all complaints, for
3 2 which no civil or criminal action is taken, to the task force.
3 3 Any participating agency in the task force may refer
3 4 complaints to the task force.
3 5 3. The task force shall compile and maintain an active
3 6 list of the top sixteen ranked complaints referred to the task
3 7 force. The task force shall rank all complaints received by
3 8 using considerations such as the level of community
3 9 involvement, evidence of nuisance activity, ability to sustain
3 10 relief, existence of a long-range plan for the community, and
3 11 status of ownership of the property which is the subject of
3 12 the complaint. The task force shall investigate and use
3 13 collective enforcement action on the active list of
3 14 complaints. As complaints are resolved, the task force shall
3 15 add complaints to the active list.
3 16 Sec. 8. APPROPRIATION. There is appropriated from the
3 17 general fund of the state to the department of justice for the
3 18 fiscal year beginning July 1, 1998, and ending June 30, 1999,
3 19 the following amount, or so much thereof as is necessary, to
3 20 be used for the purposes designated:
3 21 For the public nuisance task force pilot project, including
3 22 salaries, support, maintenance, and miscellaneous purposes:
3 23 .................................................. $ 350,000
3 24 Notwithstanding section 8.33, moneys appropriated by this
3 25 section which remain unobligated or unexpended on June 30,
3 26 1999, shall not revert to the general fund of the state but
3 27 shall be available for expenditure during the fiscal year
3 28 beginning July 1, 1999, for the same purposes.
3 29 EXPLANATION
3 30 This bill establishes a public nuisance task force pilot
3 31 program and appropriates $350,000 to the department of justice
3 32 for implementing and administering pilot projects in three
3 33 metropolitan communities and one rural community.
3 34 A community group shall be established in each community
3 35 where the pilot project is implemented. The community group
4 1 shall send a complaint letter to an owner of a property deemed
4 2 to be a drug nuisance or alcohol nuisance. If action is not
4 3 taken by the owner, the complaint shall be referred to the
4 4 county attorney for a determination of whether a civil or
4 5 criminal action should be initiated by the county attorney.
4 6 The county attorney shall forward all complaints for which no
4 7 action is taken by the county attorney to the task force.
4 8 The bill provides that a task force shall be established in
4 9 each community where the pilot project is implemented
4 10 consisting of the attorney general, the director of the
4 11 department of public health, a representative of the division
4 12 of beer and liquor law enforcement of the department of public
4 13 safety, a representative of the investigations division of the
4 14 department of inspections and appeals, a representative of the
4 15 police department, and a representative of the sheriff's
4 16 office.
4 17 The task force shall compile and maintain an active list of
4 18 the top sixteen complaints ranked based on various
4 19 considerations. The task force shall investigate and use
4 20 collective enforcement action on the active list complaints.
4 21 LSB 3721SS 77
4 22 tm/jw/5
Text: SF02207 Text: SF02209 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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