Text: HF00136 Text: HF00138 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 6B.33, Code 1999, is amended to read as 1 2 follows: 1 3 6B.33 COSTS AND ATTORNEY FEES. 1 4 The applicant shall pay all costs of the assessment made by 1 5 the commissioners and reasonable attorney fees and costs 1 6 incurred by the condemnee as determined by the commissioners 1 7 if the award of the commissioners exceeds one hundred ten 1 8 percent of the final offer of the applicant prior to 1 9 condemnation. The applicant shall file with the sheriff an 1 10 affidavit setting forth the most recent offer made to the 1 11 person whose property is sought to be condemned. Members of 1 12 such commissions shall receive a per diemof fifty dollarsat 1 13 the rate specified in section 7E.6, and actual and necessary 1 14 expenses incurred in the performance of their official duties. 1 15 The applicant shall also pay all costs occasioned by the 1 16 appeal, including reasonable attorney fees to be taxed by the 1 17 court, unless on the trial thereof the same or a less amount 1 18 of damages is awarded than was allowed by the tribunal from 1 19 which the appeal was taken. 1 20 Sec. 2. Section 7E.6, subsections 1 through 3, Code 1999, 1 21 are amended to read as follows: 1 22 1. a. Any position of membership on any board, committee, 1 23 commission, or council in the executive branch of state 1 24 government which is compensated by the payment of a per diem 1 25 to the holder of that position under statutory law shall be 1 26 compensated at the rateof fifty dollars per diemspecified in 1 27 section 2.10, subsection 5, for a member of the general 1 28 assembly, notwithstanding any other law to the contrary. 1 29 b. Reimbursement of necessary travel and actual expenses 1 30 to the holder of any position governed by this subsection 1 31 shall beasprovidedin, unless the applicable law provides 1 32 otherwise. 1 33 c. In regard to any board, committee, commission, or 1 34 council which has its name or organizational location altered 1 35 after January 1, 1986, the statutory provision on the subject 2 1 of per diem compensation which was applicable to it on January 2 2 1, 1986, shall continue to govern such agency and its 2 3 successor agency, notwithstanding the change in name or 2 4 organizational location. 2 5 2. Any position of membership on any board, committee, 2 6 commission, or council in the state government which has a 2 7 compensation level limited to expenses only is eligible to 2 8 receive, in addition to such actual expense reimbursement, an 2 9 additional expense allowanceof fifty dollarsat the rate 2 10 specified in section 2.10, subsection 5, for a member of the 2 11 general assembly per day if the holder of any such position 2 12 applies for such additional expense allowance and the holder 2 13 of the position has an income level of one hundred fifty 2 14 percent or less of the United States poverty level as defined 2 15 by the most recently revised poverty income guidelines 2 16 published by the United States department of health and human 2 17 services. 2 18 3. Any position of membership on the lottery board shall 2 19 receive compensationof fifty dollarsat the rate specified in 2 20 section 2.10, subsection 5, for a member of the general 2 21 assembly per day and expenses. 2 22 Sec. 3. Section 103A.14, subsection 5, Code 1999, is 2 23 amended to read as follows: 2 24 5. Each member of the council shall receive per diem 2 25 compensation at the rate as specified in section 7E.6 for each 2 26 day spent in the performance of the member's duties, but not2 27to exceed twenty-five hundred dollars per year. All members 2 28 of the council shall receive necessary expenses incurred in 2 29 the performance of their duties. 2 30 Sec. 4. Section 179.2, subsection 3, Code 1999, is amended 2 31 to read as follows: 2 32 3. Appointive members of the commission shall receive a 2 33 per diem as specified in section 7E.6 for each day spent on 2 34 official business of the commission,not to exceed six hundred2 35dollars per annum,and their actual necessary expenses, while 3 1 engaged in commission activity. 3 2 Sec. 5. Section 183A.10, Code 1999, is amended to read as 3 3 follows: 3 4 183A.10 PER DIEM AND EXPENSES. 3 5 The members of the council shall receive a per diem as 3 6 specified in section 7E.6 for each day spent on official 3 7 business of the council,not to exceed six hundred dollars per3 8annum,and their actual necessary expenses, while engaged in 3 9 council activity. 3 10 Sec. 6. Section 357.1A, subsection 2, Code 1999, is 3 11 amended to read as follows: 3 12 2. The board of supervisors having jurisdiction to 3 13 establish the proposed combined water and sanitary district 3 14 may proceed with its establishment under this chapter or 3 15 chapter 358 in the same manner as a benefited water district 3 16 or a sanitary district is separately established under those 3 17 chapters. The differences between this chapter and chapter 3 18 358 including, but not limited to, the membership of the board 3 19 of trustees, per diem,and maximum annual per diem,or a power 3 20 or duty relating to rents, fees, taxation, or bonded 3 21 indebtedness shall be resolved as a part of the petition 3 22 submitted to the board of supervisors. Before becoming 3 23 effective, a change in the membership, per diem,maximum3 24annual per diem,or a power or duty relating to rents, fees, 3 25 the levy of a tax, or the issuance of bonds, or other 3 26 differences specified on the petition shall be submitted for 3 27 the approval of the district electorate. However, the number 3 28 of members, per diem,maximum annual per diem,or differences 3 29 in powers and duties included in a combined district shall not 3 30 be inconsistent with this chapter or chapter 358. 3 31 Sec. 7. Section 358.12, Code 1999, is amended to read as 3 32 follows: 3 33 358.12 BOARD OF TRUSTEES – POWERS. 3 34 The trustees elected as provided in section 358.9 3 35 constitute a board of trustees for the district by which they 4 1 are elected. The board of trustees is the corporate authority 4 2 of the sanitary district and shall manage and control the 4 3 affairs and property of the district. A majority of the board 4 4 of trustees shall constitute a quorum, but a smaller number 4 5 may adjourn from day to day. The board of trustees shall 4 6 elect a president, a clerk, and a treasurer from its 4 7 membership and may employ employees as necessary, who shall 4 8 hold their employment during the pleasure of the board. The 4 9 board shall prescribe the duties and fix the compensation of 4 10 all employees of the sanitary district and the amount of bond 4 11 to be filed by the treasurer of the district and by any 4 12 employee for whom the board may require bond. The members of 4 13 the board of trustees shall receive a per diemof forty4 14dollarsat the rate specified in section 7E.6 for attendance 4 15 at a meeting of the board or while otherwise engaged in 4 16 official duties, but the total per diem for each member shall4 17not exceed two thousand four hundred dollars for a fiscal4 18year. However, the board of trustees, by resolution, may 4 19 establish for its members a lower rate of pay than is fixed by 4 20 this section. The members of the board shall also be 4 21 reimbursed for their travel and other necessary expenses 4 22 incurred in performing their official duties. Travel expenses 4 23 are reimbursable at the rate specified in section 70A.9. 4 24 The board of trustees may adopt the necessary ordinances, 4 25 resolutions, rules and regulations for the proper management 4 26 and conduct of the business of the board of trustees and the 4 27 corporation and for carrying out the purposes for which the 4 28 sanitary district is formed. 4 29 Sec. 8. Section 477C.5, subsection 3, Code 1999, is 4 30 amended to read as follows: 4 31 3. Council members who are not state or local government 4 32 officers or employees shall be reimbursed for their necessary 4 33 and actual expenses incurred in performance of their duties 4 34 and shall receive a per diemof fifty dollarsat the rate 4 35 specified in section 7E.6 when the council is meeting, payable 5 1 from moneys available to the board pursuant to section 477C.7. 5 2 Sec. 9. Section 479.46, subsection 6, Code 1999, is 5 3 amended to read as follows: 5 4 6. The pipeline company shall pay all costs of the 5 5 assessment made by the commissioners and reasonable attorney 5 6 fees and costs incurred by the landowner as determined by the 5 7 commissioners if the award of the commissioners exceeds one 5 8 hundred ten percent of the final offer of the pipeline company 5 9 prior to the determination of damages; if the award does not 5 10 exceed one hundred ten percent, the landowners shall pay the 5 11 fees and costs incurred by the pipeline company. The pipeline 5 12 company shall file with the sheriff an affidavit setting forth 5 13 the most recent offer made to the landowner. Commissioners 5 14 shall receive a per diemof fifty dollarsat the rate 5 15 specified in section 7E.6 and actual and necessary expenses 5 16 incurred in the performance of their official duties. The 5 17 pipeline company shall also pay all costs occasioned by the 5 18 appeal, including reasonable attorney fees to be taxed by the 5 19 court, unless on the trial of the appeal the same or a less 5 20 amount of damages is awarded than was allowed by the 5 21 commission from which the appeal was taken. 5 22 Sec. 10. Section 479A.25, subsection 6, Code 1999, is 5 23 amended to read as follows: 5 24 6. The pipeline company shall pay all costs of the 5 25 assessment made by the commissioners and reasonable attorney 5 26 fees and costs incurred by the landowner as determined by the 5 27 commissioners, if the award of the commissioners exceeds one 5 28 hundred ten percent of the final offer of the pipeline company 5 29 prior to the determination of damages. If the award does not 5 30 exceed one hundred ten percent, the landowners shall pay the 5 31 fees and costs incurred by the pipeline company. The pipeline 5 32 company shall file with the sheriff an affidavit setting forth 5 33 the most recent offer made to the landowner. Commissioners 5 34 shall receive a per diemof fifty dollarsat the rate 5 35 specified in section 7E.6 and actual and necessary expenses 6 1 incurred in the performance of their official duties. The 6 2 pipeline company shall also pay all costs occasioned by the 6 3 appeal, including reasonable attorney fees to be taxed by the 6 4 court, unless on the trial of the appeal the same or a lesser 6 5 amount of damages is awarded than was allowed by the 6 6 commission from which the appeal was taken. 6 7 Sec. 11. Section 479B.30, subsection 6, Code 1999, is 6 8 amended to read as follows: 6 9 6. The pipeline company shall pay all costs of the 6 10 assessment made by the commissioners and reasonable attorney 6 11 fees and costs incurred by the landowner as determined by the 6 12 commissioners if the award of the commissioners exceeds one 6 13 hundred ten percent of the final offer of the pipeline company 6 14 prior to the determination of damages; if the award does not 6 15 exceed one hundred ten percent, the landowners shall pay the 6 16 fees and costs incurred by the pipeline company. The pipeline 6 17 company shall file with the sheriff an affidavit setting forth 6 18 the most recent offer made to the landowner. Commissioners 6 19 shall receive a per diemof fifty dollarsat the rate 6 20 specified in section 7E.6 and actual and necessary expenses 6 21 incurred in the performance of their official duties. The 6 22 pipeline company shall also pay all costs occasioned by the 6 23 appeal, including reasonable attorney fees to be taxed by the 6 24 court, unless on the trial of the appeal the same or a lesser 6 25 amount of damages is awarded than was allowed by the 6 26 commission from which the appeal was taken. 6 27 EXPLANATION 6 28 This bill provides that the rate of per diem expenses for 6 29 boards, committees, commissions, and councils within the 6 30 executive branch of state government shall be set at the same 6 31 level as the rate for members of the general assembly. 6 32 Eighty-six dollars per day is the current per diem rate 6 33 established for members of the general assembly in Code 6 34 section 2.10. The bill also provides that necessary travel 6 35 and actual expenses incurred by a board member governed by 7 1 Code section 7E.6 shall be provided unless the law governing 7 2 the member provides otherwise. The per diem rate for a 7 3 sanitary district trustee, a member of the dual party relay 7 4 council, and a county compensation commissioner performing 7 5 duties under Code section 6B.33, 479.46, 479A.25, or 479B.30 7 6 is also raised to the rate provided legislators. 7 7 The bill also eliminates any annual dollar limit on per 7 8 diem reimbursement provided in the Code. 7 9 LSB 1749HH 78 7 10 ec/jw/5.2
Text: HF00136 Text: HF00138 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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