1999 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

LOCAL GOVERNMENT

LOCAL GOVERNMENT LEGISLATION

SENATE FILE 41 - County Agricultural Extension Councils - Duties and Meetings(full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act requires each county agricultural extension council to meet at least twice during a calendar year. Additional meetings may be held as the council determines. The Act also strikes a requirement that a council publish notice of the date, time and place of the election of its members, because a similar notice is also published by the county commissioner of elections along with a sample ballot. Other January dates are changed to reference the budget certification date, March 15.

SENATE FILE 53 - Tax Sales - Date of Sale(full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act allows the county treasurer to designate a date in June other than the third Monday of June on which to hold the annual tax sale if, for good cause, the sale cannot be held on the third Monday of June. Parcels with delinquent property taxes are currently offered at a public sale held annually on the third Monday of June.

The Act takes effect February 17, 1999, and applies to tax sales held on or after that date.

SENATE FILE 186 - County Enterprises(full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act adds county memorial hospitals and housing for persons who are elderly or persons with physical disabilities to the definition of a "county enterprise." To do so allows counties to issue revenue bonds for the construction and maintenance of these facilities.

SENATE FILE 190 - City Cable Communication Utilities - Requirements(full text of act)

BY LUNDBY. This Act provides that a city which operates a cable communications system shall manage the right-of-way on a competitively neutral and nondiscriminatory basis. The Act provides that a city-operated cable communications system must pay the same fees and charges and comply with other requirements as may be imposed by the city upon any other cable provider.

SENATE FILE 337 - Landlord and Tenant Relations - Abandoned and Valueless Property(full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act makes a number of Code changes relating to residential and mobile home park landlords and tenants.

The Act provides for the transfer of title of a valueless abandoned mobile home to a mobile home park owner or third party for the purpose of removing the mobile home from a mobile home park or for other disposition.

With regard to the removal of, or transfer of title to, a valueless mobile home, a claimant also includes a holder of a lien as defined in Code Section 555B.2. This Act provides requirements for giving notice between a landlord and a tenant in a residential dwelling or a tenant in a mobile home park for most purposes except written notice of termination pursuant to Code Section 562A.27, subsection 1 or 2, a notice of termination and notice to quit as required by Code Section 648.3, or a petition for forcible entry and detainer pursuant to Code Chapter 648. The notice may be given when a matter comes to the attention of either party by hand delivery and by posting, regular mail, certified mail, or restricted certified mail whether or not the receiving party signs a receipt for the notice.

This Act also provides that a mobile home tenant has a duty to maintain in good and safe working order all utility lines, pipes and cables extending from the dwelling unit to connections provided by the landlord. However, this duty does not apply to a tenant who does not own the mobile home.

This Act provides that the time period requirements in the landlord-tenant relations provisions of the Code are to be made as defined in Code Section 4.1, subsection 34.

If personal service cannot be made upon each defendant in an action for forcible entry or detention of real property joined with an action for rent or recovery as provided in Code Section 648.19, the service may be made by posting notice and sending a copy of original notice to the defendant by certified mail three days before the hearing date.

This Act takes effect on May 26, 1999.

SENATE FILE 392 - Telecommunications - City Utilities(full text of act)

BY COMMITTEE ON COMMERCE. This Act provides that a city utility includes telecommunications systems or services offered separately or combined with certain other city systems or services.

The Act permits the governing body of a city utility or combined utility system, or of a city enterprise or combined city enterprise, to hold a closed session to discuss marketing and pricing strategies or proprietary information if its competitive position would be harmed by public disclosure not required of potential or actual competitors, and if no public purpose would be served by such disclosure. The Act also provides that certain public records of a city utility or combined utility system, or of a city enterprise or combined city enterprise, shall not be examined or copied as of right if the competitive position of the utility or system would be harmed by public disclosure not required of potential or actual competitors, and if no public purpose would be served by such disclosure.

The Act establishes certain restrictions and requirements on a municipal utility providing local exchange services. The Act prohibits the use of the city's general fund moneys for the ongoing support or subsidy of a telecommunications system; the providing of any city facilities, equipment or services to provide telecommunications systems or services at a cost for such facilities, equipment or services which is less than the reasonable cost of providing such city facilities, equipment or services; the providing of any other city service, other than a communications service, to a telecommunications customer at a cost which is less than would be paid by the same person receiving such other city service if the person was not a telecommunications customer; and the use of funds or revenue generated from other city services for the ongoing support of that portion of a system or service used to provide local exchange services. A city that owns or operates a municipal utility providing local exchange services must prepare and maintain records which record the full cost accounting of providing local exchange service; adopt rates for the provision of local exchange services that reflect the actual cost of providing the local exchange services; and be subject to all requirements of the city which would apply to any other provider of local exchange services in the same manner as such requirements would apply to such other provider.

The Act provides that a municipal utility providing local exchange services will be subject to taxation on the facilities of such utility that are used for providing local exchange services pursuant to Code Chapter 433 (Telegraph and Telephone Companies Tax).

The Act takes effect April 26, 1999, and applies retroactively to July 1, 1993. City elections held after June 30, 1993, for the purpose of voting on the question of offering communications or telecommunications systems or services, are deemed to be valid for the purpose of offering such systems or services.

SENATE FILE 393 - Joint County, City, Fire District, and School District Buildings - Agreements - Bond Issuance(full text of act)

BY COMMITTEE ON EDUCATION. This Act creates, within Code Chapter 28E, a new section providing for the joint construction or acquisition, furnishing, operation, and maintenance of public buildings by a county, city, fire district, or school district. The Act provides that two or more counties, cities, fire districts, or school districts, each containing areas within their boundaries that overlap areas within the boundaries of the others, or which are contiguous with each other, may execute an agreement for the joint construction or acquisition, furnishing, operation, and maintenance of a public building or buildings for their common use within their overlapping or contiguous areas. Noncontiguous cities located within the same county, or within contiguous counties, may also execute such an agreement. The agreement must be approved by resolution of the governing bodies of each of the participating counties, cities, fire districts, or school districts and must specify the purposes for which the building or improvement would be used, the estimated cost thereof, the estimated amount of the cost to be allocated to each of the participating counties, cities, fire districts, or school districts, the proportion and method of allocating the expenses of the operation and maintenance of the building or improvement, and the disposition to be made of any resulting revenues.

The Act provides that a county, city, fire district, or school district may appropriate funds or issue general obligation bonds for the payment of its share of the cost of constructing, acquiring, furnishing, operating, or maintaining a joint public building, either on a joint or an individual basis, and that bonds may not be issued by a county, city, fire district, or school district until provision is made by each of the other participating counties, cities, fire districts, or school districts to the agreement for the payment of their shares of the cost of the joint public building. A vote in favor of authorization of bonds cast by at least 60 percent of the electors voting on the question of a bond issue is necessary for approval of the bond issue. In the event that the cost of the construction or acquisition, furnishing, operation, and maintenance of the public building exceeds original estimates, the Act authorizes a county, city, fire district, or school district to appropriate additional moneys or issue additional bonds to pay their portion of the increased costs.

The Act additionally authorizes a county, city, fire district, or school district, with the consent of the governing bodies of the other counties, cities, fire districts, or school districts which are parties to the agreement, to improve, add to or equip any such building for its own purposes to the same extent and in the same manner as if the building were wholly owned by and devoted to the uses of the county, city, fire district, or school district.

The Act also allows two or more school districts or two or more fire districts to jointly issue general obligation bonds to fund separate projects in each of the districts through a Code Chapter 28E agreement. The Act defines "fire district" as any governmental entity that provides fire protection services.

SENATE FILE 448 - Abandoned Property - Delinquent Taxes - Purchase by City or County(full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act allows a city or county to bid on parcels containing abandoned property, which is assessed as residential or commercial multifamily housing property, at the annual tax sale. Current law allows these entities to bid on parcels after the parcel has been offered at tax sale and not been sold. The Act defines "abandoned property" as property that has remained vacant and in violation of the applicable local housing code for a period of six consecutive months or more. The Act also allows cities and counties to purchase tax sale certificates from a holder of such a certificate.

The Act allows cities or counties to assign tax sale certificates for abandoned property to low-income or moderate-income families or to organizations that assist low- or moderate-income families in obtaining housing.

The Act also provides that the redemption period on a parcel containing abandoned property which is bid on and purchased by a city or county shall be nine months from the date of sale rather than one year and nine months from the date of sale.

The Act takes effect April 15, 1999, and applies to parcels offered for sale at the tax sale held in June 1999 and in subsequent years.

HOUSE FILE 100 - Law Enforcement Officer Certification - Suspension or Revocation(full text of act)

BY BRAUNS, WEIDMAN, BAUDLER, AND DAVIS. This Act authorizes the Iowa Law Enforcement Academy Council to revoke or suspend an officer's certification for violation of the grounds for revocation or suspension established by rule by the Director of the Iowa Law Enforcement Academy and approved by the Iowa Law Enforcement Academy Council. The Act also authorizes the council to suspend an officer's license upon the recommendation of the officer's employer.

The Act provides that when an officer resigns, the officer's employer shall notify the council that an officer has resigned and state the reason for the resignation if a substantial likelihood exists that the reason for resignation would have resulted in the revocation or suspension of the officer's certification.

Current law authorizes revocation of a law enforcement officer's certification upon the officer's conviction of a felony or upon the recommendation of the officer's employer. Existing law does not authorize the suspension of an officer's certification.

HOUSE FILE 115 - City and City Utility Public Improvement Contracts - Early Completion Incentives(full text of act)

BY JACOBS. This Act authorizes a city or governing board of a city utility to offer enhancement payments for early completion of a public improvement if the availability of enhancements is included in the bid notice, the enhancement payments are competitively neutral, the enhancement payments are considered separately at the public hearing on the award of contract, and the enhancement payments do not exceed 10 percent of the value of the contract. These procedures are also available to a county board of supervisors pursuant to Code Section 331.341.

HOUSE FILE 218 - Loess Hills Development and Conservation(full text of act)

BY BARRY. This Act creates a Loess Hills Alliance, under the general direction of the Loess Hills Development and Conservation Authority, with the mission of creating a common vision for Iowa's Loess Hills, protecting special natural and cultural resources while ensuring economic viability and private property rights of the region. The alliance has a board of directors of 28 voting members: 21 appointed by the boards of supervisors of the seven counties included in the alliance and seven members appointed by the Loess Hills Development and Conservation Authority to represent the fields of environmental affairs, conservation, finance, development, tourism, and related interests.

The Loess Hills Alliance has the responsibility to prepare and adopt a comprehensive plan for the development and conservation of the Loess Hills area; to study different options for the protection and preservation of significant historic, scenic, geologic, and recreational areas of the Loess Hills; to develop and implement pilot projects for the protection of the Loess Hills area with the use of restrictive easements and fee title ownership from willing sellers; and to apply for, accept and expend private and public funds for Loess Hills planning and projects. This Act creates two separate accounts within the Loess Hills Development and Conservation Fund: a Hungry Canyons Account for a water and soil conservation project established by the Loess Hills Development and Conservation Authority, and a Loess Hills Alliance Account for natural and cultural resources conservation and development projects established by the Loess Hills Alliance with the overall approval of the Loess Hills Development and Conservation Authority.

The provisions of this Act relating to restrictive easements are stricken effective July 1, 2004. The Act also requests the Legislative Council to establish an interim committee to study restrictive easements and covenants as a tool for projects and programs to protect, conserve or develop various areas of the Loess Hills region.

HOUSE FILE 224 - Public Hospital and Health Care Facility Operations(full text of act)

BY DIX. This Act authorizes a city or county having a memorial or other public hospital to change the number of commissioners or trustees who supervise the administration of the hospital. A city or county may increase the number of commissioners, by ordinance, from five to seven members. The qualifications of the commissioners of memorial hospitals are changed to allow any resident of the county to be a trustee. Previously, a commissioner of a memorial hospital had to be an honorably discharged soldier, sailor, marine, airman, or coast guard veteran.

The Act also provides that a person or spouse of a person who has medical or special staff privileges at a county hospital, who receives compensation of more than $1,500 per year from a county hospital, or who receives more than $1,500 per year in compensation from a person contracting for services with the county hospital, is not eligible to serve as a trustee for that county hospital. The Act provides 20 additional days per month for the secretary of the board of trustees to complete a financial statement of all receipts and disbursements for the preceding month. The Act strikes a requirement that at least one trustee visit and examine the county hospital each month; provides that the board of supervisors receive an annual statement of all receipts and expenditures of the county hospital; provides that a county hospital may deliver any health care service, assisted or independent living service, or other ancillary service to the public; authorizes a county hospital to borrow moneys secured solely by hospital revenue; and provides for notice and a public hearing before selling or leasing any real property.

HOUSE FILE 472 - Private Burial Sites(full text of act)

BY BRAUNS. This Act provides that if a person notifies a governmental subdivision or agency that a burial site of the person's ancestor is located on property owned by another person which is within the jurisdiction of the governmental subdivision or agency, the governmental subdivision or agency shall notify the owner that the person shall be permitted reasonable ingress and egress to visit the burial site. The Act also requires that the declaration of value submitted to the county recorder include a statement of the existence of any known burial site situated on the property and the approximate location of the site.

HOUSE FILE 474 - County Records and Assessments(full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act makes a number of changes to the powers and duties of county treasurers.

Code Sections 161A.35, 357.20 and 384.65 are amended to make the assessment payment procedures in those sections consistent with payment of other special assessments. Code Section 161A.35 is amended to increase from $20 to $100 the amount owed by the taxpayer before the amount may be paid in installments for assessments in soil and water conservation districts. Code Section 357.20 is amended to increase from $10 to $100 the amount owed by a taxpayer in a water district before the amount may be paid in installments. Code Section 384.65 is amended to increase from $50 to $100 the amount owed by a taxpayer for a city special assessment before the amount may be paid in installments.

Code Section 321.47 is amended to provide that in order to transfer ownership of a vehicle by order of a dissolution decree, the person seeking transfer need only provide a reproduction of the certified copy of the dissolution.

Code Section 331.602 is amended to require that any instrument conveying an interest in real property and recorded with the county recorder contain the name and full address of the person to whom the property tax statement is to be mailed. This amendment applies to instruments recorded on or after January 1, 2000.

Code Section 435.24 is amended to require the owner of a mobile home to obtain a tax clearance statement from the county treasurer when the home is moved from real property to a dealer's stock or to a mobile home park.

Code Sections 447.9 and 447.13 are amended to make technical conforming changes relating to notice of expiration of right of redemption resulting from enactment of 1998 Iowa Acts, Chapter 1107.

Chapter 1107 of 1998 Iowa Acts is amended to provide that the section of Chapter 1107 amending Code Section 447.9 applies to redemption of parcels sold for delinquent taxes beginning with the tax sale held in June 1999. This section of the Act takes effect April 28, 1999.

HOUSE FILE 476 - Eminent Domain and Condemnation Proceedings(full text of act)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act makes several changes to the law relating to the power of eminent domain and the procedures by which the State of Iowa and other entities and persons are allowed to condemn private property. The Act defines "acquiring agency" to mean entities or persons conferred the right by law to condemn private property. "Acquiring agency" under the Act includes the state, counties, cities, owners of land without a way to the land, owners of mineral lands, cemetery associations, subdistricts of soil and water conservation districts, and utilities.

The Act defines "public use," "public purpose" and "public improvement" to exclude the condemnation of agricultural land without the consent of the owner. The Act defines "agricultural land" as real property owned by a person in tracts of 10 acres or more and not laid off into lots of less than 10 acres or divided by streets or alleys into lots of less than 10 acres, and which has been used for production of certain agricultural commodities during three of the past five years.

The definition of "agricultural land" includes land taken out of agricultural production for purposes of environmental protection or preservation. The Act defines "private development purposes" as the construction of, or improvement related to, recreational trails, recreational development paid for primarily with private funds, housing and residential development, or commercial or industrial enterprise development. The Act includes exceptions to the limitations imposed by the definitions of "public use," "public purpose" and "public improvement."

The Act requires a condemning authority to send a notice of a proposed public improvement to the owner of property for which condemnation is being considered for the public improvement. The notice must be mailed by ordinary mail no less than 30 days before adoption of the declaration of intent relating to the public improvement and the acquisition or condemnation of the property. The notice, at a minimum, should include information on the general nature of the public improvement, the intended use of the property, the process relating to the public improvement, and the opportunity for public input relating to the public improvement if the law requires public input.

The Act requires a condemning authority to make a good faith effort to negotiate with the owner to purchase the private property before filing an application for condemnation. The condemning authority is required to provide the owner of the property with a statement of rights. The statement is to be included with the notice of proposed public improvement. Condemnation may not proceed until the notice of proposed public improvement containing the statement of individual rights is provided to the owner. The Act requires the Attorney General to adopt rules prescribing a statement of rights to be used in substantial form by anyone required to provide the statement.

The Act also requires a condemning authority to mail a copy of the condemnation application filed with the district court to the owner of the property. The Act requires that an application for condemnation of agricultural land filed by a city or county for location of an industry must state that as its purpose. The Act also requires that the condemnation application provide information on the minimum amount of land necessary for the public improvement and the amount of land to be acquired by condemnation. The condemnation application must also include a statement of the efforts made by the condemning authority to negotiate with the owner for the sale of the property prior to filing the application.

The Act requires that a list of the persons selected to serve on the condemnation compensation commission for condemnation proceedings be provided to the condemnation applicant and to the owner of the property. The Act allows the applicant and the owner to each dismiss one commissioner without stating cause.

The Act provides that a condemnation compensation commission is a governmental body for purposes of the Open Meetings Law.

The Act provides that an application for condemnation of agricultural land for an industry filed by a city or county is subject to review by the condemnation compensation commission upon the request of the owner of the land sought to be condemned. The request may be made at any time before the 30-day notice of assessment expires. The purpose of the review is for the commission to determine whether the use of condemnation is necessary for the placement of an industry in the community. The Act lists the factors the commission is to use when making such a determination. A determination made by the compensation commission may be appealed to the district court. The appeal must be filed within 30 days of mailing the determination to the landowner and the condemner.

The Act increases from 10 days to 30 days the amount of notice given of an assessment of the property. The Act also requires that the notice inform the landowner of the right to request a review of the application if it is seeking the condemnation of agricultural land for an industry. The Act provides that service of notice of assessment shall be mailed by certified mail to applicants or owners or persons in interest, any of whom are not residents of the state. The Act also requires that the notice to nonresidents be published once 30 days before the assessment.

The Act increases the amount to be paid in moving expenses from $500 to $5,000 for an owner occupying land that has been condemned. The Act also increases, from 25 miles to 50 miles, the distance that personal property is moved for which moving expenses are paid.

The Act removes Code language that allowed appraisement damages by a compensation commission to be admissible in an action appealing the amount of damages awarded.

The Act adds outbuildings to the list of property from which a landowner may not be dispossessed by condemnation without determination and payment of damages. "Outbuildings" are defined as structures and improvements located in proximity to the owner's residence.

Current law, which remains in effect, requires the applicant to pay the expenses of the condemnation compensation commission and of the landowner if the award of the commission is 110 percent or more of the final offer of the applicant prior to condemnation. The Act provides that the condemnation applicant shall reimburse the county sheriff for the per diem and actual expenses paid to members of the compensation commission. The Act specifies that the applicant shall reimburse the owner of the property for expenses incurred for recording fees, mortgage penalty costs, and similar expenses incidental to the transfer of the property to the applicant.

The Act provides that relocation expenses for condemnations by the State of Iowa or other entity or person having the right to condemn property shall be determined and paid in the same manner as relocation expenses for condemnations involving federally funded projects.

The Act requires that a copy of the appraisal, on which the purchasing state agency, county or city will base its offer of compensation, be mailed to the owner of the property.

The Act makes current acquisition policy guidelines for projects receiving federal financial assistance applicable to any state-funded projects and to any other public improvement for which condemnation is sought.

The Act provides that if a city makes a good faith effort to comply with notice provisions and if the failure to comply does not unreasonably prejudice the owner, the failure to comply may only result in a delay of the condemnation proceeding.

The Act provides that if an acquiring agency later sells land it obtained by condemnation, the acquiring agency must pay to the previous owner any difference between the condemnation price and the later sale price, minus the cost of any improvements made to or benefiting the land by the acquiring agency. This provision does not apply to property acquired by the state Department of Transportation.

The Act requires that copies of all condemnation applications filed with the county recorder by acquiring agencies and all final reports on damages prepared by the sheriff be filed with the Secretary of State.

The Act amends Code sections providing an alternative condemnation procedure for counties and secondary roads. The county may use the alternative procedure if the right-of-way to be condemned is contiguous to existing road right-of-way and is necessary for maintenance, safety improvement or upgrade of the existing road. The county is also required to use the condemnation compensation commission to assess damages.

The Act provides that a municipality (city or county) shall not condemn agricultural land included within an urban renewal area designated as an economic development area without the consent of the owner of the agricultural land unless the land is to be acquired for location of an industry. This does not apply to city utilities or city franchises.

The Act provides that an employee of the state Department of Transportation, whose duties include appraising property sought to be condemned, must be a certified real estate appraiser according to standards established by state statute. The Act also provides that a real estate appraiser is not required to invoke a jurisdictional exception to appraisal standards on a federally funded project unless federal law requires that an exception be invoked.

The section of the Act amending the definition of "economic development area" for purposes of urban renewal applies to urban renewal areas established on or after the effective date of the Act, July 1, 1999. However, the amendment applies to urban renewal areas established before the effective date if they were amended to add agricultural land to the economic development urban renewal area on or after the effective date of the Act. The remaining sections of the Act which amend or reference Code Chapter 403 apply to urban renewal areas established before, on or after the effective date of the Act.

The Act applies to state highway construction projects approved on or after July 1, 1999. The Act applies to all other condemnation proceedings in which the application for condemnation is filed on or after July 1, 1999.

HOUSE FILE 758 - Mobile Home Park Storm Shelters(full text of act)

BY COMMITTEE ON WAYS AND MEANS. This Act authorizes a city or a county to require, by ordinance, a storm shelter in a mobile home park constructed after July 1, 1999. As an option, a city or county may require a mobile home park owner to provide a plan for the evacuation of park residents to a safe place during times of severe weather if a safe place of shelter is within a reasonable distance of the mobile home park. Each evacuation plan must be approved by, and filed with, the local emergency management agency. If construction of a storm shelter is required, the shelter requirements shall not exceed the following: a shelter larger than the equivalent of seven square feet for each mobile home space; a restroom if the shelter is used exclusively as a storm shelter; and construction specifications which have been approved by a licensed professional engineer and presented by the mobile home park owner.

This Act also provides a property tax exemption for the storm shelter constructed at a mobile home park. If the storm shelter is used exclusively as a storm shelter, the entire structure's assessed value is exempt. If the storm shelter is not used exclusively as a storm shelter, 75 percent of the assessed value of the structure is tax exempt. A storm shelter shall be assessed for tax purposes as commercial property commencing with the assessment years beginning on or after January 1, 2000.

RELATED LEGISLATION

SENATE FILE 9 -- Sales and Use Tax Exemption on Rural Water District Building Materials, Supplies, or Equipment (Complete summary under TAXATION.)

This Act amends Code Section 422.45 to provide that a rural water district organized under Code Chapter 504A that performs its own construction of facilities is eligible to receive an exemption from sales and use taxes on the purchase of building materials, supplies or equipment. The Act takes effect April 26, 1999, and applies retroactively to July 1, 1998, for sales made or uses occurring on or after that date.

SENATE FILE 51 -- Conservation and Recreation Programs - Cooperative Efforts (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

This Act authorizes a county conservation board to cooperate with a private, not-for-profit organization to carry out conservation and recreation activities and purposes as authorized under Code Chapter 350.

SENATE FILE 55 -- Legalization of Sale of Property by Black Hawk and Buchanan Joint County System (Complete summary under EDUCATION.)

This Act legalizes all acts and proceedings taken in 1974 by the board of directors of the joint county system of Black Hawk and Buchanan Counties in connection with a transfer of property to the Independence Community School District. The Act takes effect April 15, 1999.

SENATE FILE 136 -- Tax Administration and Related Matters (Complete summary under TAXATION.)

This Act amends various provisions of state and local tax law.

SENATE FILE 150 -- Judicial Administration (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act makes several changes governing the duties and responsibilities of clerks of the district court and makes other changes concerning the administration of the judicial system.

SENATE FILE 189 -- Misdemeanor Classifications and Penalties - OWI Revocations (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act increases the maximum fine for violation of a city or county ordinance from $100 to $200.

SENATE FILE 254 -- Emergency Management Services (Complete summary under STATE GOVERNMENT.)

This Act requires local governments to file an approved comprehensive operations plan with the state effective July 1, 2000, to be eligible for state financial assistance for disaster-related expenses, serious needs or hazard mitigation.

SENATE FILE 283 -- 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, 1999, and ending September 30, 2000, and for the state fiscal year beginning July 1, 1999, and ending June 30, 2000. The Act includes an appropriation of approximately $320,000 for local law enforcement programs.

SENATE FILE 303 -- Nonstatutory Liens - Confirmation of Notice to Affected Parties (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act requires that before the clerk of the district court permits the filing of a nonstatutory lien, the clerk must confirm that the required notices have been given to the necessary parties.

SENATE FILE 305 -- Family Farm Tax Credit (Complete summary under TAXATION.)

This Act authorizes Wright County to pay the amount of underpayment for family farm tax credits on agricultural land in the county, which were underpaid as a result of the county's error in certification to the state. The Act takes effect April 29, 1999.

SENATE FILE 308 -- Benefited Fire District Areas - Tax Levy Rates (Complete summary under TAXATION.)

This Act allows benefited fire districts to levy an additional 20.25 cents per $1,000 of assessed valuation in cities located in the benefited fire district if the primary levy of 40.5 cents per $1,000 of assessed valuation is insufficient. The Act takes effect May 20, 1999.

SENATE FILE 395 -- Department of Corrections - Miscellaneous Provisions (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act amends Code Section 903A.5, concerning the crediting of time served by inmates. The Act provides that, unless the inmate was confined in a correctional facility, the sheriff of the county in which an inmate is confined must certify the number of days served by the inmate to the records administrator at the Iowa Medical and Classification Center and to the applicable clerk of the district court. The records administrator, or designee, is required to apply jail credit as ordered by the court or as otherwise authorized, and shall then forward a copy of the number of days served to the applicable clerk of the district court.

SENATE FILE 407 -- Registration and Titling of All-Terrain Vehicles and Snowmobiles (Complete summary under TRANSPORTATION.)

This Act makes several Code changes relating to registration and titling of snowmobiles and all-terrain vehicles. Requirements for transfer of an all-terrain vehicle or snowmobile placed in storage by a transferor are changed to allow the transferor to provide a copy of the affidavit filed with the county recorder concerning the storage to the transferee, rather than requiring the transferor to renew the registration prior to transfer. The Act also requires that all-terrain vehicles have certificates of title, which are to be issued by the county recorder for a $10 fee: $5 of which is to be deposited in the Special Conservation Fund administered by the Department of Natural Resources, while the remaining $5 is retained by the county to defray the costs of administering the certificate of title provisions.

SENATE FILE 439 -- Iowa Community Empowerment - Miscellaneous Provisions (Complete summary under CHILDREN & YOUTH.)

This Act relates to the Iowa Community Empowerment Act, the Iowa Empowerment Board, and related provisions. The initiative authorizes local areas to seek designation as community empowerment areas based upon county or school district boundaries.

SENATE FILE 451 -- Indigent Defense (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act permits the county board of supervisors to establish indigent defense rates for noncontract attorneys or attorneys who are not public defenders in certain court-appointed cases.

SENATE FILE 458 -- Property Tax Statement and Equalization Order Information (Complete summary under TAXATION.)

This Act requires inclusion of a statement relating to equalization and local tax rates in the property tax equalization order published by the county auditor. The Act also changes the information required to be included on property tax statements prepared by the county treasurer.

SENATE FILE 469 -- Sales and Use Taxes - Miscellaneous Provisions (Complete summary under TAXATION.)

This Act amends the local option sales and services tax as it relates to the effective date of enactment and repeal, allowing a city located in more than one county to impose the tax, collection of the tax where physical presence of the retailer does not exist, distribution of the tax revenues, and agreement between the school district where the tax is imposed and a county or another school district to split the revenues to be received by the school district. There are different effective dates for these changes.

SENATE FILE 470 -- Campaign Finance (Complete summary under ELECTIONS, ETHICS & CAMPAIGN FINANCE.)

This Act replaces certain references in Code Chapter 56, the Campaign Disclosure - Income Tax Checkoff Act, with terminology related to "express advocacy," to conform the provisions of the chapter to language contained in the U.S. Supreme Court's decision in Buckley v. Valeo (1976). The Act also creates a bipartisan campaign finance commission to review the campaign finance laws and submit proposed revisions to the next session of the current General Assembly, beginning in January 2000. The Act takes effect May 18, 1999.

SENATE FILE 473 -- Tax Administration - Additional Related Matters (Complete summary under TAXATION.)

This Act amends various provisions of state tax law relating to the administration of the state individual income tax, corporate income tax, sales and use taxes, franchise tax, replacement taxes on electric and natural gas providers, motor fuel taxes, inheritance and estate taxes, property taxes, and collection of taxes and debts owed to or collected by the state.

HOUSE FILE 164 -- Open Meetings Violations - Attorney Fees (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act provides that a governmental body that violates Code Chapter 21, the Open Meetings Law, is liable to pay appellate attorney fees to the prevailing party.

HOUSE FILE 242 -- Substantive Code Corrections (Complete summary under STATE GOVERNMENT.)

This Act contains statutory corrections that adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities. Corrections are made in references relating to the collection and forwarding or retaining of fees by the county registrars for birth records, death records, marriage certificates, marriage license filing fees, and other fees provided by law. The usage of the term "board of supervisors" is conformed within provisions relating to the detachment and attachment of areas to rural water districts. A reference to a stricken provision is deleted in provisions relating to taxation provisions that apply to cities acting under special charters. Certain references to modular homes are deleted from provisions relating to taxes on homes in mobile home parks. The term "transfer replacement tax" is changed to "transfer replacement excise tax" in provisions relating to taxes on electricity and natural gas providers. Provisions relating to the conditions for the issuance of a marriage license are redesignated to conform to the requirements stated in those provisions. Provisions relating to county sesquicentennial commissions are deleted.

HOUSE FILE 299 -- Motor Vehicle Registration and Title Applications (Complete summary under TRANSPORTATION.)

This Act provides that when applying to the county treasurer for registration and issuance of a certificate of title for a motor vehicle, the owner of the motor vehicle shall use the owner's passport number on the application in lieu of a social security number if the owner does not have a social security number. The Act also specifies that the driver's license number supplied by a person applying for registration and title may be an international driver's license number or may be from a driver's license issued in this state, another state, or another country.

HOUSE FILE 343 -- Costs of Drainage Improvements in Railroad Rights-of-Way (Complete summary under AGRICULTURE.)

This Act provides for the collection of attorney fees by a county in an action against a railroad company arising out of the collection of costs associated with the construction of a drainage improvement by a drainage district within a railroad right-of-way when the railroad company fails to make the necessary improvements.

HOUSE FILE 386 -- Assaults on Jailers or Correctional Staff (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act increases the penalty for an assault on a jailer, who is not a peace officer, at a county jail facility.

HOUSE FILE 442 -- Underground Storage Tanks - Corrective Action Costs of Governmental Subdivisions (Complete summary under ENVIRONMENTAL PROTECTION.)

This Act provides for payments from the remedial account of the Iowa Comprehensive Petroleum Underground Storage Tank Fund to governmental subdivisions for costs of corrective actions taken due to certain releases from underground storage tanks.

HOUSE FILE 497 -- Public Health - Miscellaneous Programs and Issues (Complete summary under HEALTH & SAFETY.)

This Act provides for several changes related to the administration of programs under the purview of the Iowa Department of Public Health and health-related professional licensing and regulatory boards.

The Act provides for the availability of emergency reserve funding to local boards of health; makes technical corrections and updates outdated references to the duties of the county registrar regarding fees associated with registering a certificate of birth; and provides that county claims for autopsy expenses shall be forwarded to the State Appeal Board and paid from a standing unlimited appropriation if funds are not appropriated to the department for payment of these claims.

HOUSE FILE 571 -- Deposit of Public Funds - Depository Standards (Complete summary under BUSINESS, BANKING & INSURANCE.)

This Act amends Code Chapter 12C, relating to the deposit of public funds and the conditions which must be met by a financial institution to be eligible to receive such deposits, and subjects a savings and loan association, a savings bank, and any branch of a savings and loan association or savings bank to substantially the same requirements as a bank. The Act takes effect May 11, 1999.

HOUSE FILE 634 -- Dust Control on Secondary Roads - Primary Road Fund Expenditure (Complete summary under TRANSPORTATION.)

This Act authorizes the state Department of Transportation to use moneys from the Primary Road Fund for dust control on a road under the jurisdiction of a county if the road has a notable increase in traffic due to closure of a road by the department for purposes of establishing, constructing or maintaining a road under the jurisdiction of the department.

HOUSE FILE 651 -- Implements of Husbandry and Other Vehicles - Movement Restrictions - Product Identification Numbers (Complete summary under TRANSPORTATION.)

This Act makes several changes relating to regulation of implements of husbandry. The Act amends Code Section 321.471, which allows local authorities to prohibit, or impose weight restrictions on, the operation of vehicles upon highways, bridges and culverts within their jurisdictions. The Act requires implements of husbandry, except implements being hauled for repair, to comply with the restrictions on bridges and culverts. The Act also directs the local authority imposing the restriction to issue a special permit for passage over the restricted bridge or culvert for up to eight weeks upon a showing of agricultural hardship.

HOUSE FILE 664 -- Mental Health, Mental Retardation, and Developmental Disabilities Services (Complete summary under HUMAN SERVICES.)

This Act addresses a number of provisions involving mental health, mental retardation and developmental disabilities (MH/MR/DD) services, including creation of a funding pilot project involving counties and changes in county service planning requirements.

HOUSE FILE 700 -- Unpaid Charges for City Water, Sewage, and Solid Waste Services (Complete summary under ENERGY & PUBLIC UTILITIES.)

This Act amends provisions relating to city utility or enterprise service accounts that become delinquent. The Act provides for withholding service from a delinquent account holder and eliminates the lien on residential rental property for unpaid rates or charges associated with water service to such property under certain circumstances.

HOUSE FILE 713 -- Domestic Abuse Protective Orders (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act amends Code Chapter 236, relating to protective orders for domestic abuse. The Act allows a person protected by a permanent foreign protective order to file the order with the district court in any county where the person may be present.

HOUSE FILE 755 -- Property Assessments and Taxes - Omitted Property and Erroneous Payments (Complete summary under TAXATION.)

This Act limits the time for which the Department of Revenue and Finance and local officials may assess and tax omitted property to two years. The Act also permits a property taxpayer to receive a refund for erroneous property taxes paid if the refund is applied for within two years from the date the tax was due or, if appealed, within two years of the final decision. The Act takes effect May 24, 1999.

HOUSE FILE 757 -- Real Estate Transfer Tax - Payment and Allocation (Complete summary under TAXATION.)

This Act requires the real estate transfer tax to be paid to the recorder in each county where a parcel is located. To enable this to occur where multiple parcels from different counties are recorded as one, the Act requires separate declarations of value to be filed with the county recorder in each county in which the parcel is located.

HOUSE FILE 760 -- Appropriations - Human Services (Complete summary under APPROPRIATIONS.)

This Act makes appropriations to the Department of Human Services for FY 1999-2000, and includes provisions for grant funding to community empowerment areas and many other programs and appropriations affecting human services programs administered by counties.

HOUSE FILE 769 -- Property Tax Classification of Apartments in Condominiums (Complete summary under TAXATION.)

This Act provides for the classification of apartments in condominiums as residential property if used or intended for use for human habitation on January 1, 1999. This provision is repealed December 31, 2004. Other apartments in condominiums will be classified according to the majority use of the units in the condominium building. The Act also requests an interim study relating to the property taxation of condominiums, with a report due by January 15, 2000.

HOUSE FILE 772 -- Appropriations - Infrastructure and Capital Projects (Complete summary under APPROPRIATIONS.)

This Act makes appropriations from and to the Rebuild Iowa Infrastructure Fund for various capital and other projects. The Act amends Code Chapter 174, relating to state funding for county and district fairs, providing a mechanism for counties to issue a standby tax levy to back revenue bonds issued by societies conducting county fairs which meet certain requirements, and prohibiting a county ordinance from impairing the authority of a society conducting a county fair.

HOUSE FILE 776 -- Urban Renewal (Complete summary under TAXATION.)

This Act requires a municipality (city or county) that has established an urban renewal program to annually report information on the urban renewal program to the Department of Management and the county auditor. The annual financial report must be submitted on or before September 30.

HOUSE FILE 782 -- Miscellaneous Supplemental and Other Appropriations and Provisions (Complete summary under APPROPRIATIONS.)

Division I of this Act makes an appropriation for county mental health, mental retardation and developmental disabilities services growth factor adjustment for FY 2000-2001.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: SAT July 10 1999
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