1997 SUMMARY OF LEGISLATION

LOCAL GOVERNMENT

LOCAL GOVERNMENT LEGISLATION

SENATE FILE 145 - Mental Health and Developmental Disabilities Services Fund — Levy Revision Procedures (full text of act)

BY JUDGE, BLACK OF KOSSUTH, AND REDWINE. This Act relates to the county mental health, mental retardation, and developmental disabilities services fund levy by providing a procedure for a county to make revisions affecting the county's services fund levy and other levies.
The Act applies to counties that made a major error in establishing the county's base year expenditures amount, which is used to establish the maximum levy for the county's services fund. According to the Act, a "major error" is underreporting which resulted from failure to include qualified expenditures associated with the operation of a county care facility, group home, or similar program. To be eligible, a county must submit a revision request to the County Finance Committee within 10 days of the Act's effective date of March 6, 1997. Based upon the County Finance Committee's determination as to the extent of an underreporting error, the County Finance Committee may approve or reject the revision request in whole or in part. The committee's decision must be issued within 20 days of the Act's effective date. A county is authorized to transfer up to the approved net revision amount from the county's general fund to the county's services fund for fiscal year 1996-1997. To the extent a county which has received approval for a revision increases its levy askings for the services fund for fiscal year 1997-1998 from the amount originally certified for the previous year, the county must decrease its general fund levy askings in an equivalent amount for that fiscal year.
The Act takes effect March 6, 1997.

SENATE FILE 193 - Elections in Special Land Use Districts (full text of act)

BY SCHUERER. This Act changes the annual elections for the trustees of special land use districts from the second Tuesday in September to a date agreed to by the county auditor and the trustees.

SENATE FILE 232 - Notarial Acts — Registrars of Vital Statistics (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act adds a registrar of vital statistics or a registrar's designee to the list of people who may perform a notarial act.
The Act takes effect April 22, 1997.

SENATE FILE 417 - Agricultural Extension Council Treasurers (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. Iowa Code Section 176A.14 provides that the treasurer of an agricultural extension council must execute a corporate surety bond to the extension district before assuming the duties of office. The bond must be filed with the county auditor in the county where the extension district is located. This Act eliminates a requirement that the amount of the bond be 125 percent of the amount estimated to be in the custody of the treasurer at any one time. The Act provides that the amount of the bond must be not less than $20,000. The Act also eliminates a requirement that the county treasurer's approval be endorsed on the bond.

SENATE FILE 433 - Regulation and Location of Modular or Manufactured Housing (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act amends city and county zoning laws to disallow mandated width standards greater than 24 feet, roof pitch, or other design standards for manufactured housing if the housing otherwise complies with federal requirements under 42 U.S.C. § 5403. The Act also prohibits cities and counties from adopting ordinances that mandate width standards for single modular or manufactured homes. A land-leased community is defined to include a tract of land under common ownership upon which 10 or more occupied, manufactured or modular homes are harbored.
The Act takes effect April 30, 1997.

SENATE FILE 544 - Rural Improvement Zones (full text of act)

BY COMMITTEE ON WAYS AND MEANS. This Act allows a county with a population of between 10,500 and 11,500 residents, based upon the 1990 federal census, with a private lake development, to designate an unincorporated area of the county as a rural improvement zone upon petition of 25 percent of the residents who represent at least 25 percent of the taxable value of property to be located in the proposed zone and upon determination of a need for improvements in the proposed zone. Improvements include dredging, installation of erosion control measures, land acquisition, and related improvements. Because of the population requirement, only Franklin, Guthrie, Humboldt, Mitchell, and Palo Alto counties qualify. However, the Act was enacted for the benefit of Lake Panorama in Guthrie County.
The Act provides that a hearing shall be held on the designation of the proposed area as a rural improvement zone. Upon approval by the county of the area as a rural improvement zone, an election shall be held to choose a board of trustees who have the authority to act in the zone. The trustees will determine the improvement projects and are authorized to issue certificates of indebtedness to pay for the projects' costs. The principal and interest of the certificates will be paid in the same manner as projects are paid for in tax increment financing districts, i.e., the city, county or school district taxes imposed on the increase in taxable valuations in the zone will be paid to the board of trustees. Certificates cannot be issued after January 1, 2007, except to refund previously issued certificates. The board of trustees also has an annual standby tax that it may levy if needed.
A rural improvement zone shall cease upon passage of a resolution by the trustees that all improvements needed have been made and all indebtedness has been paid. The assets shall then be deeded to a nonprofit corporation whose members are property owners of the improvement zone.

HOUSE FILE 4 - Office of City Assessor (full text of act)

BY GRUNDBERG, CONNORS, METCALF, HOLVECK, CHURCHILL, CATALDO, FALLON, JACOBS, AND LAMBERTI. This Act authorizes a city with a population of more than 125,000 to establish or abolish the office of city assessor. Under current law, a city with a population of more than 125,000 is required to have a city assessor.
The Act also permits a city with over 125,000 population to provide for a city board of review or request the county conference board to create a 10-member county board of review. The initial 10-member county board of review will consist of the members of the five-member city board of review and the five-member county board of review. If the city selects a city board of review, the expenses of the board will be paid by the county. The 10-member county board of review may be expanded with not more than four additional members for two-year terms of office if the workload of protest hearings warrants additional members.

HOUSE FILE 114 - Legalization of Certain City and County Deeds and Conveyances (full text of act)

BY COMMITTEE ON JUDICIARY. This Act legalizes deeds or conveyances of property by cities and counties that were recorded over 10 years earlier even though the record of such deed or conveyance does not show that all the required steps were complied with in the conveyance and deeding of the property.

HOUSE FILE 178 - Sanitary Districts and City Utilities — Accounts — Sewer Connection Fees (full text of act)

BY METCALF. This Act provides that sanitary districts established pursuant to Code Chapter 358 may join with city utilities under a Code Chapter 28E agreement, for the purpose of collecting sewer rentals. The agreement may also provide for the discontinuation of sewer and water services if the accounts become delinquent.
This Act also authorizes the board of trustees of a sanitary district to finance capital improvements through the imposition of connection fees. A city currently has this authority pursuant to Code Section 384.38, subsection 3.

HOUSE FILE 244 - County Debt Service Fund (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act provides that anticipatory warrants issued by a county, and judgments based on a default in payment of anticipatory warrants, shall not be considered debt payable from the county debt service fund. The Act also provides that a board of supervisors may not increase the debt service levy to create excess funds to be used for purposes other than retirement of debt.

HOUSE FILE 255 - Mental Health and Developmental Disability Funding — Allowed Growth Factor Adjustment (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act establishes an allowed growth factor adjustment for county mental health, mental retardation, and developmental disabilities (MH/MR/DD) services in FY 1997-1998 and FY 1998-1999. Appropriations of approximately $6.1 million and $12.5 million are made for the respective fiscal years to fund a 2.89 percent increase in growth in county expenditures for MH/MR/DD services in each of the fiscal years.
In the past several years, the state has committed significant funding for reimbursing county costs for MH/MR/DD services in accordance with Code Sections 331.438 and 331.439, and Code Chapter 426B (this legislation is commonly referred to by the number of the original enactment, S.F. 69). The S.F. 69 legislation established a framework that includes the following provisions:

• County expenditures for MH/MR/DD services funded from property taxes are capped at a base year level.
• Standing appropriations were made which increased over a period of three years so that beginning with FY 1997-1998, the state is to annually reimburse $95 million to counties to be used for a dollar-for-dollar reduction in property taxes. A three-factor formula for distribution of the property tax relief moneys is based upon a county's relative proportions of the general population, total taxable property valuation, and all county expenditures for MH/MR/DD services.
• Provision was made for the state to establish an allowed growth factor for costs associated with new consumers of services, service cost inflation, and investments for economy and efficiency. The funding for the allowed growth factor is to be included in the state budget. The Act addresses this part of the package.

The Act amends prior law to provide that the allowed growth factor adjustment for counties is to be included in the definition of state payment to counties along with the property tax relief fund payment to counties. A county cannot receive a state payment unless the county is in compliance with various planning provisions administered by the Department of Human Services (DHS). The allowed growth factor appropriation is to be distributed by DHS to counties by applying a formula based upon a county's proportion of all counties' net expenditures for MH/MR/DD services, and of property tax relief payments to counties, in the fiscal year which began two years prior to the fiscal year in which the payments are to be distributed. Moneys received by a county from the appropriation are to be deposited in the county's MH/MR/DD services fund.
Prior law is amended to require the recommendations for the allowed growth factor adjustment to be made by the State-County Management Committee and the Governor for the fiscal year commencing two years from the beginning date of the fiscal year in progress at the time of the recommendation. See H.F. 702 for provisions affecting the recommendation from the committee. The General Assembly is to establish the allowed growth factor adjustment in statute. A method is provided for calculating the amount of the appropriation needed to fund the adjustment amount established in statute. Prior law provided for funding of the growth factor from the property tax relief fund in Code Chapter 426B. The Act strikes this requirement and instead provides for a direct appropriation from the General Fund of the State.
Code Chapter 426B is amended to strike provisions requiring that when payments from the property tax relief fund are equal to 50 percent of county base year expenditures for MH/MR/DD services, any remaining moneys will be transferred for payment of the homestead credit. See H.F. 726 (see Taxation) for state funding of various property tax credits.
The Act takes effect February 27, 1997.

HOUSE FILE 372 - County Issuance of Motor Vehicle Licenses — Study (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act establishes a County Issuance of Motor Vehicle Licenses Study Committee. The committee consists of 13 members: five county treasurers appointed by the Iowa Association of County Treasurers, the Director of the State Department of Transportation or the director's designee, the Director of the Office of Driver Services or the director's designee, the Director of Audits for the State Department of Transportation or the director's designee, the executive directors of the AAA of Minnesota/Iowa and the Iowa Motor Truck Association or their designees, the Auditor of State or the Auditor's designee, and the certified public accountant and the operations research analyst from the County Finance Committee.
The committee is to study county issuance of motor vehicle licenses, take testimony, and provide a report with recommendations to the General Assembly not later than January 1, 1998. The committee will remain in existence until December 21, 1998, to serve as an advisory body should legislation establishing a county issuance program be enacted.
The Act takes effect April 18, 1997.

HOUSE FILE 373 - Unified Law Enforcement District Tax Levies (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act legalizes unified law enforcement district tax levies, subject to the five-year limitation, that were authorized prior to July 1, 1983, and which continued to be collected for more than five years or which are currently being collected.
Prior to July 1, 1983, Code section 28E.22, regarding the referendum for imposition of a unified law enforcement district tax levy, limited the length of the levy to five years. The five-year limitation for levies authorized on or after July 1, 1983, was eliminated under 1983 Iowa Acts, Chapter 79.
The Act takes effect March 18, 1997.

HOUSE FILE 456 -- City Civil Service (full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act amends Code Chapter 400, which relates to city civil service to reduce the term of office for city civil service commissioners from six years to four years. The Act also freezes the populations of cities at the level ascertained by the 1980 census as the populations relate to city civil service applicability in Code Chapter 400.
The Act allows city clerks to select designees to serve as clerks to the civil service commissions in cities of 75,000 population or fewer and exempts professional city engineers licensed in this state from civil service coverage.
This Act also provides that an employee who has not completed the required probationary period but who otherwise meets the minimum qualifications established for the position or who passes a qualifying noncompetitive examination for the position shall receive full civil service rights upon completion of the probationary period.
This Act eliminates the requirement of holding two successive examinations to find qualifying applicants for promotions and increases from 90 days to 180 days the amount of time for a civil service commission to conduct background checks on potential employees. The Act also increases the number of names on two lists for original appointments from 10 to 40, or a lesser number determined by the commission. This increase will allow a pool of up to 80 persons from which to choose appointees. The Act also provides a 90-day period for investigation of promotion applicants and provides for a list of up to 10 applicants in order of standing, plus all persons tied for the tenth position.
This Act eliminates the requirement that an employee must give consent to be transferred to another department at the same civil service classification. This change does not apply to police officers or fire fighters.
The Act provides a delayed effective date for the amendment of Code Section 400.1 to January 1, 1998, to provide for a transition to new four-year terms of office for civil service commissioners.

HOUSE FILE 515 - Determination of Annual Salaries for Deputy Sheriffs (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act provides that the sheriff shall set the annual base salary of those deputy sheriffs who are classified as exempt under the federal Fair Labor Standards Act of 1938, as amended. The board of supervisors shall determine the annual base salaries of the deputy sheriffs who are not exempt under this Act. Currently, the annual base salaries of deputy sheriffs are determined by the board of supervisors after certification by the sheriff. The Act also provides limitations so that the annual base salaries of the first and second deputy sheriffs each do not exceed 85 percent of the sheriff's salary and so that any additional deputies do not receive salaries exceeding those of the first and second deputies.

HOUSE FILE 616 - Instruments Filed With County Recorder (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act provides that instruments filed with the county recorder may be larger than 8.5 by 14 inches if authorized by the recorder.

HOUSE FILE 658 - City Ordinances and Related Matters (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act changes the procedures by which cities adopt, record and codify ordinances, amendments, resolutions, and motions.
The Act provides that an amendment to an ordinance, or part of an ordinance, is deemed to be a repeal of the previous ordinance, or part, rather than requiring the specific repeal of the ordinance or part.
The Act strikes the provision that allows a city council to suspend one of the three required meetings to consider an ordinance or amendment if publication of a proposed ordinance or amendment occurred prior to first consideration of the ordinance or amendment by the city council.
The Act requires a majority vote of all council members to adopt an ordinance, amendment or resolution and requires a majority of a quorum of the council to adopt a motion. The Act provides that a vote on a motion must be recorded. The Act changes from motion to resolution the type of official action required of the council to accept public improvements upon completion and to spend funds in excess of $25,000. Currently, the limit is $10,000. The Act also provides that a vote on a measure is not invalid for conflict of interest reasons unless the vote was decisive in passing the measure.
The Act provides that an ordinance or amendment is effective upon publication unless a subsequent date is specified. The Act requires that a statement separate from the ordinance be recorded with an ordinance indicating the mayor's action on a measure and any subsequent action if the ordinance is vetoed.
The Act includes legal descriptions of urban revitalization and urban renewal areas in the types of ordinances, or portions of ordinances, that are not required to be included in the code of ordinances compiled by the city. The Act allows a city to maintain its code of ordinances by publishing an annual supplement or by adding new ordinances and amendments to the compiled code each year. The Act requires a city that publishes an annual supplement to also compile a new code of ordinances every five years.
The Act provides that state or national statutes or standard codes adopted by reference become effective upon publication of the ordinance adopting the state or national statute or standard code unless a subsequent effective date is specified. Copies of the federal or state law or standard code are required to be available at the city clerk's office.

HOUSE FILE 680 - Election of Mayors in Certain Cities (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act allows a city the opportunity to stagger the term of office of mayor so that the office will be up for election at the same time as the minority of council members, or to stagger the term of office so that it will be up for election at the same time as the majority of council members. In Iowa cities that have changed the terms of office of city officers, the mayor is currently elected at the same regular city election as the majority of council members.
To stagger the term of office of mayor over the 1997 and 1999 regular city elections, the Act requires that a city council adopt a resolution and file it with the city clerk by August 20, 1997.
The Act takes effect May 1, 1997.

HOUSE FILE 702 - Human Services — Miscellaneous Provisions (full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act relates to the service system, facilities, funding, and requirements associated with mental health, mental retardation and developmental disability (MH/MR/DD) services. The Act is organized into the following various topic divisions:
Single Entry Point Process. As part of Iowa's reform of MH/MR/DD services funding enacted in 1994 and 1995 (commonly referred to as "S.F. 69"), counties were authorized to create a single entry point process for managing county-funded services. The entity designated to perform this process is called the central point of coordination, or CPC, and a CPC is designated to fill this role for each county. Over the past several years, Iowa law has been amended to incorporate the CPC within the civil commitment process, Medical Assistance (Medicaid) Program, and other service entry processes that may result in county payment for services. The Act amends various Code provisions by designating the CPC in place of the clerk of court, board of supervisors, county auditor, or other entity to receive service applications, make a determination regarding a service recipient's county of legal settlement, or perform other administrative functions.
Regional Planning Councils. Code provisions requiring counties to participate in regional planning councils for MH/MR/DD and brain injury services are amended to instead be optional for a county. In addition, if the board designates a council, the board is authorized to determine the size and membership of the council.
Department of Human Services Employee Record Checks. The Act adds dependent adult abuse registry checks to existing criminal and child abuse record check requirements for prospective employees of Department of Human Services (DHS) institutions, including the four state mental health institutes, two state hospital-schools, the State Training School at Eldora, and the Iowa Juvenile Home at Toledo.
Decategorization of Adult Disability Services. The Act authorizes up to three counties or combinations of counties to participate in a planning process for the decategorization of county, state and state-federal funding sources for adult disability services. The Department of Human Services and the Department of Education, Division of Vocational Rehabilitation, are to assist by providing historical spending, budget projections and other data concerning persons with disabilities served by a participating county.
County Auditor. The Act amends four chapters to define "auditor" to mean the county auditor or the auditor's designee. The four chapters relate to the state hospital-schools, involuntary mental health commitments, state mental health institutes, and support for the poor.
Health Care Facilities and ICFMR Conversion. The Act authorizes DHS to approve the conversion of up to 20 residential care facilities for persons with mental retardation (RCFMR), serving not more than five individuals, to instead operate as residential programs under provisions of the Medical Assistance (Medicaid) Home and Community-based Services (HCBS) Waiver Program for persons with mental retardation. The converted programs must comply with existing provisions under that waiver except that the maximum number of individuals served would be five instead of either three or four individuals. The Act provides for distribution of the approvals throughout the state and for reporting to the General Assembly.
The Act also provides that, if DHS receives federal approval, an intermediate care facility for persons with mental retardation (ICFMR) that serves not more than eight individuals and submits a plan approved by DHS may surrender the facility license and instead operate under a HCBS waiver for persons with mental retardation.
The Act directs DHS to design an enhanced reimbursement rate payable for those individuals transferred from an intermediate care facility for persons with mental retardation (ICFMR) to a residential care facility for persons with mental retardation (RCFMR). The department is to report concerning the design prior to the convening of the 1998 Legislative Session.
The Act affects regulatory activities involving various health care facilities and other programs that receive a certificate of compliance or provisional certificate of compliance from a state or deputy fire marshal or local building department. If the facility or program receives a certificate or has otherwise been approved as complying with a rule or standard, the entity that issued the certificate or approval cannot apply additional requirements for compliance unless the rule or standard has been revised through administrative procedures. The affected facilities include nursing facilities, residential care facilities, intermediate care facilities for persons with mental retardation or for persons with mental illness, community supervised apartment living arrangements (CSALAs), certain small religious-based health care facilities, free-standing hospice programs, HCBS waiver programs for persons with mental retardation, and family homes for persons with brain injury or other disability.
State-County Management Committee and Service Plans. The State-County Management Committee includes representatives of service providers, service consumers and public employees in addition to state and county representatives. The committee provides initial review of county MH/MR/DD service plans and makes recommendations to the Governor, General Assembly and DHS concerning the plans, funding provisions, proposed administrative rules, and other policy matters. The committee develops a recommendation for the amount of state funding to be designated for allowed growth in the cost of MH/MR/DD services payable from property taxes. The Act requires the committee to consider the cost trends indicated by growth in expenditures for the services in developing the recommendation.
The Act includes other county service plan provisions. A county is annually required to submit data concerning the services managed by the county, including the number of individuals who utilized services and the various service types. In addition, management plans are required to allow for the service needs of all ages of persons for whom expenditures may be made from the county's services fund. This requirement is effective upon enactment, May 19, 1997, and if a county's plan already submitted for FY 1997-1998 is not in compliance, the county has 60 days to amend the plan.
Legal Settlement. The Act includes a provision also enacted in S.F. 522 (see Human Services) amending determination of legal settlement provisions in Code Chapter 252, relating to support for the poor and legal settlement. The amendment clarifies that a person receiving MH/MR/DD or substance abuse services from any type of public or private provider does not acquire legal settlement in the county in which the provider is located unless the person continuously resides in the county for one year from the date of the last service or treatment received from the provider.

HOUSE FILE 717 - Legalization of Sergeant Bluff Urban Revitalization Plan (full text of act)

BY RANTS. This Act legalizes the adoption of an urban revitalization plan by the City Council of the City of Sergeant Bluff, thus making certain property of the Sioux City Brick and Tile Company eligible for the urban revitalization property tax exemption. Due to an error, the city council, which had agreed to adopt the urban revitalization plan in February 1996, did not adopt the urban revitalization plan until January 28, 1997, too late for the property of Sioux City Brick and Tile to qualify for the tax exemption under Code Section 404.3.
The Act takes effect May 1, 1997, and is retroactively applicable to April 1, 1996.

RELATED LEGISLATION

SENATE FILE 5 -- Ex-Prisoner of War Motor Vehicle Plates

(Complete summary under TRANSPORTATION)

This Act sets the fee for ex-prisoner of war license plates at $15, limits an ex-prisoner of war to one set of plates, and provides that a person who paid for ex-prisoner of war license plates on or after January 1, 1997, but before the effective date of the Act, may obtain a refund of the fees paid in excess of $15 for one set of ex-prisoner of war license plates.
The Act takes effect February 18, 1997, and is retroactively applicable to January 1, 1997.

SENATE FILE 59 -- Emergency Medical Care Provider Certification Fees

(Complete summary under HEALTH & SAFETY)

This Act provides that certification fees currently paid to the Iowa Department of Public Health by emergency medical care providers are to be deposited in the Emergency Medical Services Fund established in Code Section 135.25. Moneys in this fund are to be used to assist counties by matching, on a dollar-for-dollar basis, moneys spent by a county for the acquisition of emergency medical services equipment and to provide grants to counties for education and training in the delivery of emergency medical services.

SENATE FILE 83 -- Property Tax on Certain Donated Property

(Complete summary under TAXATION)

This Act provides that when real estate is donated as a gift to the state or a political subdivision of the state, and the donor provides for the donor or someone else to retain the use of the property for the remainder of their lives, the real estate continues to be subject to property tax and special assessments until the life estate ends if the property was so subject prior to the making of the gift. The Act applies to property donated on or after July 1, 1992, for taxes payable or assessments payable during fiscal years beginning on or after July 1, 1997.

SENATE FILE 126 -- Open Burning

(Complete summary under HEALTH & SAFETY)

This Act permits a fire chief to issue a permit authorizing a supervised, controlled burn in the fire district of the chief even while the State Fire Marshal has issued a proclamation prohibiting open burning in the area.

SENATE FILE 163 -- Sale of Cigarettes and Tobacco Products Through Vending Machines

(Complete summary under HEALTH & SAFETY)

This Act prohibits the sale of cigarettes or tobacco products through vending machines unless the vending machine is located in a place where the retailer ensures that a person younger than 18 years of age is not present or permitted to enter at any time. A permit holder who violates this provision is subject to revocation of the permit.

SENATE FILE 184 -- Fees Charged Prisoners for Room and Board

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act provides a procedure for reimbursement of claims for room and board provided to a person who is convicted of a criminal offense while in the custody of a county sheriff.
This Act takes effect May 14, 1997.

SENATE FILE 190 -- Easements on State Land

(Complete summary under STATE GOVERNMENT)

This Act directs the Natural Resource Commission to adopt rules for granting easements to political subdivisions and utility companies on state land under the jurisdiction of the Department of Natural Resources.

SENATE FILE 240 -- Federal Block Grant Appropriations

(Complete summary under APPROPRIATIONS)

This Act appropriates federal block grant and other nonstate moneys to various state agencies for the federal fiscal year beginning October 1, 1997, and ending September 30, 1998, and for the state fiscal year beginning July 1, 1997, and ending June 30, 1998. The Act includes an appropriation of approximately $330,000 for local law enforcement programs.

SENATE FILE 246 -- Snowmobiles and All-Terrain Vehicles

(Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION)

This Act requires the county recorder to issue certificates of title for snowmobiles acquired on or after January 1, 1998, unless the snowmobile is used exclusively as a farm implement.

SENATE FILE 281 -- Judicial Administration

(Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE)

This Act permits the court to order a law enforcement agency or county attorney to assist the court in registering a person who is required to register with the sex offender registry.

SENATE FILE 473 -- Agriculture Drainage Wells and Related Provisions

(Complete summary under ENVIRONMENTAL PROTECTION)

This Act relates to agricultural drainage wells and agricultural drainage well areas that drain into the agricultural drainage wells. An agricultural drainage well is any vertical opening to an aquifer or permeable substratum constructed in order to intercept surface or subsurface drainage water from land directly or by a drainage system. The Act requires counties to inspect the sites of the agricultural drainage wells. The Act authorizes counties required to perform inspections to levy taxes in order to pay for related costs.

SENATE FILE 522 -- Legal Settlement

(Complete summary under HUMAN SERVICES)

This Act amends the legal settlement provisions of the Code by providing that a person receiving treatment or support services from any provider, regardless of the source of funding of the provider, who provides treatment or services for mental retardation, developmental disabilities, mental health, brain injury, or substance abuse, does not acquire legal settlement in the county in which the site of the provider is located unless the person continuously resides in that county for one year from the date of receiving the last treatment or support service. This provision was also enacted in H.F. 702.

SENATE FILE 542 -- Supplemental and Other Appropriations and Miscellaneous Provisions

(Complete summary under APPROPRIATIONS)

This Act makes supplemental appropriations for FY 1996-1997 and appropriations for other fiscal years. The Act includes appropriations for grants to counties with disaster declarations due to heavy snowfall and for local purchase of mental health, mental retardation, and developmental disabilities services.

HOUSE FILE 200 -- Nonsubstantive Code Corrections

(Complete summary under STATE GOVERNMENT)

This Act makes Code changes and corrections that are considered to be nonsubstantive and noncontroversial, in addition to style changes.

HOUSE FILE 212 -- Real Property Used in Racetrack Operation

(Complete summary under TAXATION)

This Act permits local taxing authorities to subject to property taxation the real property used in the operation of a racetrack or racetrack enclosure.

HOUSE FILE 335 -- Public Health — Miscellaneous Provisions

(Complete summary under HEALTH & SAFETY)

This Act includes amendments of various provisions of Code Chapter 144, relating to vital statistics, and abolishes the Plumbing Code Fund.

HOUSE FILE 439 -- Repository for Licensing, Registry, and Criminal History Information

(Complete summary under HEALTH & SAFETY)

This Act requires development of a single contact repository for criminal history, child and dependent adult abuse and sex offender registries, and nurse aide and other health profession certification and licensing information. The purpose of the repository is to permit employers, local governments and state agencies to obtain the above information with one contact.

HOUSE FILE 485 -- Drainage Subdistricts

(Complete summary under AGRICULTURE)

This Act eliminates a requirement that provides that a landowner must provide special notice to the landowner's affected neighbors when establishing a subdistrict within a drainage district.

HOUSE FILE 596 -- Regulation of Municipal Telecommunications Utilities

(Complete summary under ENERGY & PUBLIC UTILITIES)

This Act authorizes a utilities board to grant certificates of public convenience and necessity to municipal utilities providing local exchange services, includes a municipal utility providing local exchange services under the definition of a "competitive local exchange service provider," and subjects such municipal utilities to Code provisions relating to competitive local exchange service providers.

HOUSE FILE 632 -- Elections

(Complete summary under ELECTIONS, ETHICS & CAMPAIGN FINANCE)

This Act makes a number of changes to the election laws of Iowa, including enactment of new Code Section 39.1A, which prohibits county auditors from conducting elections that are not specifically authorized or required by state law, and amending the Code to allow the county board of supervisors to set the mileage rate for election workers.

HOUSE FILE 645 -- Financial and Regulatory Procedures of Counties, Cities, and Drainage Districts

(Complete summary under TAXATION)

This Act makes a number of changes to the powers and duties of county treasurers relating to registration of motor vehicles; payment of electronic transfer; property taxes; mobile, manufactured and modular homes; city special assessments; and drainage district assessments.

HOUSE FILE 704 -- Transportation Regulation

(Complete summary under TRANSPORTATION)

This Act makes changes to statutory provisions affecting the State Department of Transportation, including authorizing county engineers to approve progress payments for farm-to-market road projects.

HOUSE FILE 715 -- Appropriations — Human Services

(Complete summary under APPROPRIATIONS)

This Act makes appropriations to the Department of Human Services and includes many appropriations and other provisions affecting human services programs administered by counties.

HOUSE FILE 724 -- Enterprise Zones

(Complete summary under ECONOMIC DEVELOPMENT)

This Act allows counties meeting certain requirements to designate areas to be enterprise zones. Cities with a population of 24,000 or more, based upon the 1990 census, may designate areas meeting certain criteria to be enterprise zones. Businesses moving into or expanding in such zones could receive certain tax incentives and assistance. To be eligible, a business must meet certain criteria that involve compensation and a benefit package provided workers and the creation of at least 10 new jobs. If the eligibility requirements are not maintained, incentives and assistance would be cut off and previously received incentives and assistance would be subject to recovery.

HOUSE FILE 726 -- Tax Credits and Exemptions — Local Budget Practices — Property Tax Statements

(Complete summary under TAXATION)

Division II of this Act specifies that property tax credits or exemptions enacted after January 1, 1997, are to be fully funded and if the state does not provide sufficient funding, the amount of the intended credit or exemption is to be reduced so that the amount provided will fully fund the credit or exemption. This requirement is to include the existing homestead credit, low-income additional homestead credit, elderly and disabled additional homestead credit, and the military service tax credit to the extent of $6.75 per $1,000 of assessed value. The Division also provides for standing unlimited appropriations to fully fund the homestead credit, elderly and disabled additional homestead credit, and the military service tax credit.
Division III of this Act makes changes relating to property taxes and local budget practices for cities and counties including adding a penalty for failure to certify a budget by March 15, requiring that forms for budgets be prescribed by the Department of Management, changing the publication date for city and county annual financial reports to December 1, and requiring that certain specific information be included on a taxpayer's tax statement.

HOUSE FILE 729 -- Local Options Sales and Services Taxes

(Complete summary under TAXATION)

This Act sets the manner and frequency of remitted local option sales and services tax to that required for the remission of the state sales and services tax. In addition, the Act increases from 90 to 95 percent the local tax receipts remitted to local governments by the Department of Revenue and Finance and provides that such remission be on a monthly, rather than quarterly, basis.

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Last update: Mon July 28, 1997
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