Text: HF02314 Text: HF02316 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2315 1 2 1 3 AN ACT 1 4 RELATING TO AGRICULTURAL CONSERVATION PRACTICES. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 468.126, subsection 1, paragraph c, 1 9 Code 2003, is amended to read as follows: 1 10 c. If the estimated cost of a repair exceedstenfifteen 1 11 thousand dollars, or seventy-five percent of the original 1 12 total cost of the district and subsequent improvements, 1 13 whichever is the greater amount, the board shall set a date 1 14 for a hearing on the matter of making the proposed repairs, 1 15 and shall give notice as provided in sections 468.14 through 1 16 468.18. If a hearing is required and the estimated cost of 1 17 the repair exceeds twenty-five thousand dollars, an engineer's 1 18 report or a report from the soil and water conservation 1 19 district conservationist shall be presented at the hearing. 1 20 The requirement of a report may be waived by the board if a 1 21 prior report on the repair exists and that report is less than 1 22 ten years old. The board shall not divide proposed repairs 1 23 into separate programs in order to avoid the notice and 1 24 hearing requirements of this paragraph. At the hearing the 1 25 board shall hear objections to the feasibility of the proposed 1 26 repairs, and following the hearing the board shall order that 1 27 the repairs it deems desirable and feasible be made. Any 1 28 interested party has the right of appeal from such orders in 1 29 the manner provided in this subchapter, parts 1 through 5. 1 30 Sec. 2. Section 468.126, subsection 2, Code 2003, is 1 31 amended to read as follows: 1 32 2. In the case of minor repairs, or in the eradication of 1 33 brush and weeds along the open ditches, not in excess often1 34 fifteen thousand dollars where the board finds that a saving 1 35 to the district will result the board may cause the repairs or 2 1 eradication to be done by secondary road equipment, or weed 2 2 fund equipment, and labor of the county and then reimburse the 2 3 secondary road fund or the weed fund from the fund of the 2 4 drainage district thus benefited. 2 5 Sec. 3. Section 468.126, subsection 4, paragraph a, Code 2 6 2003, is amended to read as follows: 2 7 a. When the board determines that improvements are 2 8 necessary or desirable, the board shall appoint an engineer to 2 9 make surveys as seem appropriate to determine the nature and 2 10 extent of the needed improvements, and to file a report 2 11 showing what improvements are recommended and their estimated 2 12 costs, which report may be amended before final action. If 2 13 the estimated cost of the improvements does not exceedten2 14 fifteen thousand dollars, or twenty-five percent of the 2 15 original cost of the district and subsequent improvements, 2 16 whichever is the greater amount, the board may order the work 2 17 done without notice. The board shall not divide proposed 2 18 improvements into separate programs in order to avoid the 2 19 limitation for making improvements without notice. If the 2 20 board deems it desirable to make improvements where the 2 21 estimated cost exceeds thetenfifteen thousand dollar or 2 22 twenty-five percent limit, the board shall set a date for a 2 23 hearing on the matter of constructing the proposed 2 24 improvements and also on the matter of whether there shall be 2 25 a reclassification of benefits for the cost of the proposed 2 26 improvements, and shall give notice as provided in sections 2 27 468.14 through 468.18. At the hearing the board shall hear 2 28 objections to the feasibility of the proposed improvements and 2 29 arguments for or against a reclassification presented by or 2 30 for any taxpayer of the district. Following the hearing the 2 31 board shall order that the improvements it deems desirable and 2 32 feasible be made, and shall also determine whether there 2 33 should be a reclassification of benefits for the cost of 2 34 improvements. If it is determined that a reclassification of 2 35 benefits should be made the board shall proceed as provided in 3 1 section 468.38. In lieu of publishing the notice of a hearing 3 2 as provided by this subsection the board may mail a copy of 3 3 the notice to each address where a landowner in the district 3 4 resides by first class mail if the cost of mailing is less 3 5 than publication of the notice. The mailing shall be made 3 6 during the time the notice would otherwise be required to be 3 7 published. 3 8 3 9 3 10 3 11 CHRISTOPHER C. RANTS 3 12 Speaker of the House 3 13 3 14 3 15 3 16 JEFFREY M. LAMBERTI 3 17 President of the Senate 3 18 3 19 I hereby certify that this bill originated in the House and 3 20 is known as House File 2315, Eightieth General Assembly. 3 21 3 22 3 23 3 24 MARGARET THOMSON 3 25 Chief Clerk of the House 3 26 Approved , 2004 3 27 3 28 3 29 3 30 THOMAS J. VILSACK 3 31 Governor
Text: HF02314 Text: HF02316 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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