2000 Summary of Legislation LOCAL GOVERNMENT Published by the Iowa General Assembly -- Legislative Service Bureau

LOCAL GOVERNMENT LEGISLATION

SENATE FILE 428 - Rent Control Ordinances (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act prevents a county or city from adopting or enforcing any ordinance imposing rent controls on private residential or commercial property. The Act permits a county or city to manage and control residential property in which the county or city has a property interest.

SENATE FILE 2047 - County Warrants (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. This Act changes the requirements of the county auditor and county treasurer relating to issuance of county warrants and preservation of records relating to county warrants.

   The Act requires the county auditor to send a list of the warrants to be issued to the county treasurer before the warrants are issued. The treasurer must acknowledge receipt of the list. The signature acknowledging receipt may be in electronic form if Code requirements relating to electronic commerce security are met. The Act allows the auditor, in lieu of issuing a warrant to a drawee, to issue a warrant payment order to the treasurer, who may then pay the drawee through an electronic funds transfer.

   The Act requires warrant lists to be preserved for at least two years. Current Code requires that the original warrants be preserved for at least two years. The Act allows counties to preserve warrants and warrant lists in electronic form if Code requirements relating to electronic commerce security are met.

SENATE FILE 2048 - City Hospital and Health Care Facility Boards of Trustees -- Appointment -- Terms (full text of act)

   BY COMMITTEE ON STATE GOVERNMENT. This Act provides for the appointment and length of terms for members added to a hospital board of trustees when the city increases the total membership on the board by ordinance.

   This Act provides that when the number of hospital board of trustees is increased pursuant to city ordinance from three to five members, or from five to seven members, the two additional members shall be appointed immediately and one of the two additional members shall serve until the next succeeding general or city election. The other additional member serves until the second succeeding election. If the board is expanded from three members to seven, the four additional members will be appointed immediately and two of the additional members will serve until the next election with the remaining two additional members serving until the second succeeding election. The determination of the differing length of appointed terms for additional members is to be made by lot.

SENATE FILE 2061 - County Recorder Duties -- Registration and Licensing (full text of act)

   BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This Act makes three technical amendments to the duties of the county recorder relating to the registration of transferred all-terrain vehicles, the amount of a writing fee for vessel registrations, and the issuance of hunting, fishing, fur-harvesting, and related state licenses on behalf of the Department of Natural Resources.

   This Act strikes a requirement that if an all-terrain vehicle or snowmobile is stored at the time of transfer, the transferor shall provide the transferee with a copy of the affidavit filed with the county recorder at the time of delivering the all-terrain vehicle or snowmobile.

   A technical change is made to Code Section 462A.5 to strike a second reference to the dollar amount of a writing fee for vessel registrations. The amount of the writing fee is specifically provided for in Code Section 462A.53.

   The Act also gives county recorders the option of selling hunting, fishing, fur-harvesting, and related licenses and permits for the Department of Natural Resources.

SENATE FILE 2091 - Discontinuance of Cities -- Procedures (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. This Act provides alternative procedures for discontinuance of a city. Currently, a city may discontinue by six years of inactivity, which means no elections and no taxes have been certified for six years, or by following involuntary discontinuance procedures in Code Sections 368.11 through 368.22.

   The Act provides that a city council may adopt a resolution of intent to discontinue and conduct a public hearing on the resolution. After the public hearing, the city council may adopt a resolution of discontinuance or a resolution abandoning the proposal. If the resolution of discontinuance is adopted, opponents may file a petition for an election on the proposal within 30 days after the effective date of the resolution. If the election favors discontinuance or if no petition for an election is filed, the city clerk shall notify the City Development Board which shall take control of the property of the discontinued city and supervise the necessary discontinuance procedures as provided in Code Section 368.21.

SENATE FILE 2215 - Leaves of Absence for Partisan Political Candidates -- Sheriffs and Civil Service Officers and Employees (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. This Act provides that a county officer or employee subject to civil service and a chief deputy sheriff or second deputy sheriff, who becomes a candidate for a partisan elective office for remuneration, shall receive, upon request, a 30-day unpaid leave of absence before the primary and general election.

   This Act takes effect on March 31, 2000.

SENATE FILE 2253 - Matters Related to County Officers' Duties -- Instruments Affecting Property -- Fees (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. This Act makes several changes relating to the duties of county treasurers, county auditors, county recorders, and sheriffs and to duties relating to mobile homes.

   Code Section 321.45 is amended to provide that a dealer who acquires a used mobile home or manufactured housing to be titled in Iowa must, within 30 days of acquisition, apply for and obtain title to the home. If the home is encumbered, the 30 days does not begin to run until the lien or encumbrance is released.

   Code Section 331.602 is amended to provide that mortgages, mortgage releases, and assignments of mortgages are not real property conveyance instruments required to contain the statement "address tax statement."

   Code Section 331.902 is amended to require that the county auditor, county treasurer, county recorder, and sheriff retain records of fees for three years. Current law requires they be retained permanently.

   Code Section 384.84 is amended to require that notice of a delinquent utility account be given to the holder of the account at least 30 days prior to certification of the lien to the county treasurer for collection.

   Code Section 435.24 is amended to require that a mobile home park owner or manager prepare an annual report to be filed with the county treasurer by June 1 listing the owner and mailing address of each home located in the mobile home park. If changes have occurred after the annual report is filed, the park owner or manager is required to file another report due December 1.

   Code Section 448.1 is amended to provide that a treasurer's deed will be issued upon presentation by the purchaser of the certificate of purchase and payment of the appropriate deed and recording fees. The amendment also provides that the treasurer shall record the deed with the county recorder and shall transmit the deed to the purchaser after recording.

SENATE FILE 2327 - Purchase or Condemnation of Property by Utilities (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. House File 2528, enacted during the 2000 Legislative Session, amended Code Section 6B.2A to provide that the requirement that notice of an informational meeting be given when a utility is condemning property for construction of an electronic transmission line under Code Chapter 478, or a gas pipeline under Code Chapter 479, satisfies the public improvement notice requirements of Code Section 6B.2A. This Act amends H.F. 2528 to provide that the requirement of a public hearing under Code Section 6B.2A is satisfied when a utility conducts an informational meeting as required under Code Chapter 478 or 479.

SENATE FILE 2342 - Creation of Real Estate Improvement Districts (full text of act)

   BY COMMITTEE ON COMMERCE. This Act strikes a provision that prohibits the creation of a real estate improvement district after June 30, 2000. A real estate improvement district permits the acquisition, construction and maintenance of public improvements to enhance the economic health and development of communities, housing and related infrastructure.

SENATE FILE 2418 - Property Tax Certification by Townships (full text of act)

   BY COMMITTEE ON WAYS AND MEANS. This Act requires that township property taxes be certified by the board of township trustees to the county auditor and county board of supervisors by March 15 of each year. The Act also provides that for property taxes due and payable in the fiscal year beginning July 1, 2000, that deadline date shall be May 1. If township taxes are not certified to the county by the deadline, the amount of taxes collected for the township shall be the amount collected in the previous year, subject to existing levy rate and assessment limitations. However, this provision of the Act establishing the deadline is also repealed under the Act, because Code Section 359.49, which includes the same language, was enacted in H.F. 2492.

   The Act takes effect April 19, 2000.

SENATE FILE 2419 - Investments by City Hospitals (full text of act)

   BY COMMITTEE ON WAYS AND MEANS. This Act amends Code Section 12B.10, which provides requirements for the investment of public funds, including investment standards which provide for the safety of principal, maintaining levels of liquidity, and obtaining a reasonable return on investments, in accordance with written policies. The Code section currently provides that the Treasurer of State and the treasurer of each political subdivision must keep moneys coming into their possession as public moneys in a secure place, including a depository such as a financial institution. The Code section provides that the Treasurer of State and the treasurer of each political subdivision may invest public funds not currently needed in investments authorized by the section.

   These investments include obligations of the U.S. government, certificates of deposit, prime bankers' acceptances that mature within 270 days, commercial paper or short-term corporate debt, certain repurchase agreements, investments authorized for the Iowa Public Employees' Retirement System, and open-end management investment companies registered with the federal Securities and Exchange Commission. The Code section prohibits the investment in futures and option contracts.

   Code Section 12B.10 also provides that a number of investments are not subject to these requirements and standards, including but not limited to investments by the Public Safety Peace Officers' Retirement System, investments by the Iowa Public Employees' Retirement System, investments by the Iowa Finance Authority, and investments by the State Board of Regents. The Act adds to this class of exempt investments, investments made by city hospitals. The Act provides that investments by city hospitals are limited to the same types of investments made by the Treasurer of State and other state agencies or investments in common stock.

SENATE FILE 2438 - Water Quality Districts (full text of act)

   BY COMMITTEE ON WAYS AND MEANS. This Act provides for the creation of a water quality district. The Act amends Code Chapter 357E, which provides for the creation of a benefited recreational lake district. The procedures for creating the water quality district are the same as those used for creating the benefited recreational lake district. The Act provides for the creation of a separate water quality district or a combined district with a benefited recreational lake district.

   The water quality district may carry out activities including public information, grass waterways, wetlands, dredging, bank stabilization, water treatment, water monitoring, watershed protection, activities outside of a district which affect water quality within the district, and other activities that will improve water quality of a stream, river or lake. A petition requesting the creation of a water quality district requires the signatures of the fewer of 25 property owners of the proposed district or 25 percent of the property owners of the proposed district. After two public hearings and an engineer's report, the board of supervisors may call an election to approve an annual tax levy not to exceed $.25 per $1,000 of the assessed value of all taxable property in the district except property assessed as agricultural land. A combined district is limited to the annual tax levy for a benefited recreational lake district, which is $4 per $1,000 of taxable value. Agricultural land cannot be taxed for purposes of a water quality district. Three trustees are also elected to manage and control the affairs of the district. The water quality district will have the same authority as a benefited recreational lake district to issue anticipatory bonds, add territory, or dissolve.

SENATE FILE 2459 - Annual Financial Report for Urban Renewal Areas -- Filing Deadline (full text of act)

   BY COMMITTEE ON WAYS AND MEANS. This Act changes the filing deadline for urban renewal annual reports from September 30 to December 1. The Act also provides that if a municipality has not filed an annual report with the state and the county auditor by the statutory deadline, the county treasurer shall withhold disbursement of tax increment revenues to the municipality. For purposes of urban renewal, a municipality is a city or a county.

HOUSE FILE 2027 - Rural Water District Infrastructure Financing (full text of act)

   BY KLEMME. This Act amends provisions in Code Chapter 357A, which, in part, provides authority to rural water districts to finance projects under their authority.

   Code Section 357A.11 provides that financing of rural water district projects must be in accordance with the terms and procedures set forth for cities under various sections in Code Chapter 384, "City Finance." In addition to those Code sections, cities are authorized to enter into loan agreements to borrow money to support public purposes under Code Section 384.24A. This Act permits a rural water district to provide financing by entering into loan agreements to the same extent that a city may enter into such agreements under Code Section 384.24A.

   Code Section 357A.15 provides that projects constructed or acquired by a rural water district are not taxable by the state or local governments. The section further provides that revenue or interest on bonds issued by a district is exempt from taxation. This Act provides that the exemption also applies to notes and the interest on notes issued by a district.

HOUSE FILE 2169 - Emergency Management Coordinators -- Appointment (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. This Act strikes a provision providing for the appointment of an emergency management coordinator by the county board of supervisors. Before 1992, the board of supervisors was the appointing authority, but Code Section 29C.10 was amended in 1992 to have the emergency management coordinator appointed by the local or joint emergency management commission. Code Section 331.321, subsection 1, was not amended in 1992 to reflect the change in appointing authority.

HOUSE FILE 2315 - Health and Medical Insurance for Retirees -- City Employees (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. This Act authorizes cities to provide retired city employees with health or medical insurance coverage, or supplemental coverage, and to pay for such coverage from amounts held in a trust and agency fund of the city or from an appropriation from the city general fund.

HOUSE FILE 2327 - County Mental Health, Mental Retardation, and Developmental Disabilities Services Funding (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. This Act relates to county levy and expenditure authority involving the county mental health, mental retardation, and developmental disability services fund.

   The Act provides that for a capital asset, as defined in the Act, that is used exclusively for services payable from a county's services fund or administration of the fund, an appropriation may be made from the services fund for acquisition or improvement of the capital asset. If a capital asset is owned by the county or is to be used in part for a purpose payable from the services fund, the services fund is to annually reimburse the county general fund for the use of the asset.

   The Act authorizes a county to request approval for an adjustment to the county's base year expenditure amount in order to accrue revenues and expenditures for a capital asset to the county's general fund instead of the county's services fund. The base year expenditure amount is used for a variety of purposes, including for determining the amount of property tax the county may levy for the county's services fund and for determining state property tax relief payment amounts and growth payments.

   As enacted into law on April 13, 2000, the portion of the Act involving capital assets was to be first applicable to county budgets for the fiscal year beginning July 1, 2000. However, this portion of the Act was subsequently amended by S.F. 2452 (see Appropriations) to be first applicable to county budgets for the fiscal year beginning July 1, 2001. As amended by S.F. 2452, the request for approval to revise the base year expenditure amount must be submitted to the county finance committee on or before December 1, 2000.

   In addition to the capital asset provisions, the Act provides that moneys that were appropriated to the Property Tax Relief Fund and allocated to the risk pool within that fund that are unexpended or unobligated at the close of the fiscal year remain available in the risk pool for expenditure in the succeeding fiscal year. The risk pool is used to assist counties that are projected to have service expenditures in excess of the amount available in the county's services fund.

   The Act takes effect April 13, 2000; however, as noted above, the provisions of the Act relating to capital assets were later amended by S.F. 2452 and those amendments are retroactively applicable to April 13, 2000.

HOUSE FILE 2429 - Official Publications and County Records (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. This Act provides for the maintenance of public records by electronic means in a county system and establishes a new rate for official publications.

   The Act amends 72 chapters of the Code to add a subsection or section, as applicable, to define "book," "list," "record," or "schedule" kept by a county officer as a part of the "county system." "County system" was added to Code Chapters 445, 446, 447, and 448 and Code Sections 331.553 and 427.8, in 1991 to mean a method of data storage and retrieval as approved by the Auditor of State for tax lists, books, records, indexes, registers, and schedules. The Act extends the use of the same data storage and retrieval system to other chapters of the Code in which county officers have responsibility to keep lists, books, records, indexes, registers, and schedules.

   This Act also establishes a new publication rate for official publications at 34 cents for each line of eight-point type two inches in length for a new insertion and 23 cents for each subsequent insertion. Beginning June 1, 2001, and each subsequent June 1, the State Printing Administrator shall calculate a new rate based on the percentage change in the Consumer Price Index for all urban consumers as determined by the U.S. Department of Labor, Bureau of Labor Statistics. The new rate shall be effective on the first of the month following publication in the Iowa Administrative Bulletin.

HOUSE FILE 2492 - State and Municipal Agencies -- Fire and Emergency Medical Services -- Townships (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. This Act makes several changes to the Code relating to fire protection service and emergency medical service provided by townships, cities, counties, and other entities. The Act also makes several changes to the law relating to townships. The Act provides that mutual aid agreements between fire departments must be in writing. In addition, a municipality that provides fire protection service or emergency medical service for a municipality must do so by written agreement. The written agreement may provide for establishment of an advisory board which makes budget, financial and services decisions relating to fire protection. The board is comprised of one member of the governing body of each municipality that is a party to the agreement.

   The Act provides that employees of the state who are volunteer fire fighters or emergency medical service personnel are entitled to a paid leave of absence to respond to emergency calls. This does not apply to temporary state employees or state employees considered to be essential personnel.

   The Act establishes the State Fire Service and Emergency Response Council in the Division of Fire Protection of the Department of Public Safety. Council members are appointed by the Governor. The council is made up of members of associations representing fire fighters and fire chiefs and one member from the general public. This section was later amended by S.F. 2452 (see Appropriations) to provide that a person nominated for membership on the council need not be a member of the organization that nominated the person. The Labor Commissioner, or the commissioner's designee, is an ex officio member of the council. Council members are provided per diem compensation and expenses for service on the council.

   The duties of the Labor Commissioner are amended to provide that reports of inspections and investigations conducted by the Office of Labor Commissioner shall be presented to the State Fire Service and Emergency Response Council.

   The Fire Service Institute, renamed the Fire Service Training Bureau, is moved from under the auspices of Iowa State University to the Division of Fire Protection of the Department of Public Safety to be operated under the direction of the State Fire Service and Emergency Response Council. The Commissioner of Public Safety shall appoint an administrator to direct the operations of the bureau, subject to the approval of the council. The Act further provides for transfer of Fire Service Institute employees to the Department of Public Safety and for disposition of facilities and equipment owned and operated by the Fire Service Institute.

   The Act provides that counties may, by resolution, assume responsibility for providing fire protection service and emergency medical service in any township located in the unincorporated area of the county. The board would have the same powers and duties as township trustees relating to providing these emergency services. The service would be paid from an emergency services levy of the county. The Act allows the board of supervisors to establish an emergency services fund and to levy an additional 60_ cents per $1,000 of assessed value of taxable property in the unincorporated area served for fire protection and emergency medical service.

   The Act changes the required number of board of township trustees meetings from once a year to two times a year and requires that at least one of those meetings be scheduled to prepare the township budget, hear comments on the budget, and finalize the budget.

   The Act requires that township records and documents be kept for five years, except that records and documents relating to bonds or other indebtedness shall be kept for at least 11 years and records and documents relating to real property transactions shall be maintained permanently.

   Currently, each township is required to prepare an annual financial statement and file the statement with the county auditor. The Act requires that the statement or a summary of the statement show the current public debt of the township and the balance of each township reserve account. The Act also requires that the statement be posted by the county auditor. The Act provides that a county shall not disburse township taxes collected until the financial statement is filed with the auditor. The county auditor may waive the requirement that the township submit an annual financial statement to the auditor.

   The Act requires each township to prepare an annual budget. A summary of each proposed township budget is to be posted by the county auditor and the board of trustees is to schedule a regular meeting of the board no less than 10 and no more than 20 days after posting to hear comments on the budget. The Act requires the township trustees to certify the township tax levy to the county board of supervisors and the county auditor. The Act also provides that a county shall not disburse township taxes collected until copies of the township budget are filed with the county auditor. The Act directs the county to collect the amount of taxes collected for the township in the previous fiscal year if the township does not file a copy of its budget by March 15. The Act allows a township to amend its budget to permit expenditure of unencumbered cash balances on hand and not anticipated in the budget and to permit expenditure of amounts anticipated from sources other than property tax that were also not anticipated in the budget. The Act requires a township to keep separate accounts that correspond to its budget.

   The Act requires townships to follow certain procedures when disposing of personal property or real property by sale, lease or gift. The board of township trustees must adopt a resolution regarding disposal of the property and must publish notice of the resolution and of a public hearing on the proposal to dispose of the property. The procedures do not apply to the sale of cemetery plots by townships. The Act prohibits a township from disposing of real property by gift, except to a governmental body for a public purpose.

HOUSE FILE 2502 - County Fee-Supported Services and Law Enforcement -- VETOED BY THE GOVERNOR (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. This bill defined fee-supported services to mean those services provided to a city for payment or pursuant to a Code Chapter 28E agreement and provided that the fee-supported services are a part of the general county services.

   The bill also specified the law enforcement salaries and expenses to be paid by appropriation of the county board of supervisors from the general fund for general county services.

   The bill requested the Legislative Council establish an interim legislative study of all aspects of funding law enforcement services of the office of county sheriff. As of July 1, 2000, the bill would apply to all counties that budgeted or funded, for the fiscal year beginning July 1, 1999, law enforcement services from the rural services fund. The bill applied to those counties using the rural services fund for law enforcement expenses and to Lyon County and Story County after final disposition of related litigation pending before the respective district courts.

HOUSE FILE 2528 - Condemnation of Property -- Miscellaneous Provisions (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. This Act makes several changes to the law relating to the condemnation of private property by an acquiring agency. Code Chapter 6B, "Procedure Under Eminent Domain," is amended to add "contract purchaser" to most references to "owner of the property."

   Code Section 6B.1 is amended to provide that the Code chapter prescribing the condemnation process does not apply to property dedicated to an acquiring agency or to property obtained by an acquiring agency through voluntary negotiation and purchase.

   Code Section 6B.2A is amended to strike the requirement that an acquiring agency serve notice on the owner of private property of a proposed public improvement that may involve condemnation of the property. That requirement is replaced with the requirement that an acquiring agency mail to the owner of agricultural land located outside a city, and publish, notice of a public hearing on a proposed public improvement that may involve condemnation of the agricultural land. The notice must be mailed at least 30 days before the public hearing. The Act requires that the notice include the acquiring agency's contact person regarding the public improvement and the statement of rights of property owners with respect to acquisition of their property. A corresponding amendment is made to Code Section 6B.2B to strike the general requirement that each owner who receives a notice of proposed public improvement also receive a statement of individual rights.

   Code Section 6B.2A is also amended to specify what information is required in the published notice. The notice must be mailed at least four but no more than 20 days before the hearing. Code Section 6B.2A is amended to provide that the time deadlines do not apply during an emergency requiring construction or repair of public improvements.

   Finally, Code Section 6B.2A is amended to provide that the requirement of notice of an informational meeting when a utility is condemning property for construction of an electronic transmission line under Code Chapter 478, or a gas pipeline under Code Chapter 479, satisfies the public improvement notice requirements of eminent domain. However, S.F. 2327 amends this provision to provide that the public hearing requirement is satisfied when a utility conducts an informational meeting.

   Code Section 6B.2B is amended to provide that an acquiring agency may not make an offer to purchase land for less than fair market value as determined by the agency in its appraisal. However, the agency is not required to offer more than the appraised value in order to meet the requirement that it negotiate in good faith with the owner. Also, if an agency follows the acquisition policies as set forth in Code Chapter 6B, the agency is conclusively presumed to have satisfied the requirement to negotiate in good faith. Code Section 6B.2B is also amended to provide that the requirement that an acquiring agency negotiate in good faith is satisfied by the notice, public meeting, and hearing requirements of a utility condemning property for construction of an electric transmission line under Code Chapter 478 or a gas pipeline under Code Chapter 479.

   Code Section 6B.2C is enacted to provide that condemnation proceedings shall not begin until the governing body of the acquiring agency approves the use of condemnation and the acquiring agency has complied with applicable standards and obtained the necessary permits.

   Code Section 6B.3, which contains the requirements for condemnation applications, is amended to provide that excess property may be condemned as an uneconomical remnant having little or no value or utility to the owner.

   Code Section 6B.3 is also amended to provide that the application for condemnation shall be mailed by certified mail to the owner and published in a newspaper of general circulation no less than four and no more than 20 days before the compensation commission meets to assess damages. Under current law, the application must be published only if service by certified mail cannot be made. The section is also amended to allow the applicant to personally serve the application on the owner in lieu of mailing and publishing. Mailing, publishing and personal service must be completed before or contemporaneously with the mailing and publication or service of the list of compensation commissioners as required in Code Section 6B.4.

   Code Section 6B.4 is amended to provide that the condemner shall mail the list of compensation commissioners and alternates to the property owner. The condemner is also required to publish the list. The Act also provides that in lieu of mailing and publishing, the condemner may serve the list by personal service. Code Section 6B.4 is also amended to strike language identifying a compensation commission as a governmental body subject to the Open Meetings Law in Code Chapter 21.

   Code Section 6B.5 is amended to allow parties to a condemnation to challenge appointment of a commissioner and to provide that if someone selected to serve on a compensation commission is unable to serve or is stricken from the commission, the sheriff shall notify alternate commissioners in the order directed by the chief judge until a replacement is appointed.

   New Code Section 6B.6 is enacted to require the sheriff to arrange the meeting of the compensation commission and to provide a meeting place.

   Code Section 6B.7 is amended to remove the language on appointment and striking of commissioners to correspond with the amendment to Code Section 6B.5.

   Code Section 6B.8 is amended to strike the requirement that the 30-day notice of assessment be served on out-of-state residents by certified mail and publication. Code Section 6B.8, in general, provides that the condemnation application and order shall be personally served on the property owner.

   Code Section 6B.14 is amended to require that the assessment report be signed by all the commissioners who conducted the appraisal. The Act requires the compensation commission to meet in open session to view the property and receive evidence, but permits the commission to deliberate in closed session. During closed session deliberations, commissioners are prohibited from communicating with any party to the action unless the other party consents. The Code section is also amended to provide that a commissioner may not communicate with a party to the action prior to the open meeting and to require that the commission keep minutes of its meetings.

   Code Section 6B.25 is amended to provide that a property owner may apply to the court for release of a portion of damages prior to expiration of the time for appeal.

   Code Section 6B.33 is amended to increase the per diem for compensation commission members from $50 to $200.

   Currently, Code Section 6B.45 requires that an acquiring agency secure a copy of an appraisal of land to be condemned and provide a copy of the appraisal to the property owner at least 10 days before the acquiring agency contacts the property owner to begin negotiations. Code Section 6B.45 is amended to allow an acquiring agency to obtain a written waiver from an owner to allow negotiations to commence prior to expiration of the 10-day period.

   Code Section 6B.57 is amended to add all acquiring agencies to the procedural compliance section. Currently, only cities are covered by this section which provides that a procedural error in providing notices for a condemnation action is not fatal to the action if the error can be corrected or if it does not unreasonably prejudice the property owner.

   Code Sections 6B.12 and 6B.13, relating to service of notice, are repealed and included elsewhere in Code Chapter 6B.

   The Act makes corresponding amendments to Code Sections 478.2, 478.6, 479.5, and 479.7 to add the statement of individual rights to the information to be mailed with the notice to the landowner by the utility and to be provided at the informational meeting held on the project.

   The Act also amends Code Sections 478.2 and 479.5 to require that the notice of informational meeting provide a description of the process followed by the utility when granting a franchise or condemning property and state the possibility that the right-of-way may be acquired by condemnation.

   The Act takes effect May 10, 2000.

HOUSE FILE 2531 - Emergency Medical Services Funding and Lost Property Disposition (full text of act)

   BY COMMITTEE ON LOCAL GOVERNMENT. This Act provides that funding allocated by the Iowa Department of Public Health to a county for emergency medical service purposes may be used for emergency medical service equipment or training and education as determined by the county board of supervisors.

   The Act also amends provisions of Code Chapter 556F relating to the disposition of lost goods, financial instruments, and other things of value. If the owner of lost goods and money valued at $5 or more is unknown, the finder shall take the money and description of other property to the county sheriff or the chief of police of the county where the property was found, and provide an affidavit of the property and circumstances of the finding to the sheriff or chief of police. A copy of the affidavit is sent to the county auditor for recording in the auditor's lost property book.

   The finder is also required to advertise the finding and the finder's address by posting at the courthouse or at the city hall or police station and at one other of the most public places in the county. However, if the value of the finding exceeds $40, an advertisement must be published once each week for three consecutive weeks in a newspaper having general circulation in the county.

HOUSE FILE 2541 - Rural Improvement Zones (full text of act)

   BY COMMITTEE ON WAYS AND MEANS. Previous law allowed a county with a population of more than 10,500 residents but less than 11,500 residents with a private lake development in its unincorporated areas to designate a rural improvement zone that includes the lake development. This Act expands this authority to counties with populations of less than 18,500.

   The Act provides that if a standby tax is imposed to ensure the payment of principal and interest of certificates issued to pay for improvements, the rate must be at least $.50 per $1,000 of assessed value but not more than $2.50 per $1,000 of assessed value.

RELATED LEGISLATION

SENATE FILE 2089 -- School Taxes -- Physical Plant and Equipment Levy -- Urban Renewal Projects (Complete summary under TAXATION.)

   This Act provides that the revenues from a school district physical plant and equipment levy (PPEL) imposed in an urban renewal area that is utilizing tax increment financing shall be paid to the school district imposing the PPEL except in limited circumstances. The Act applies to property taxes due and payable on or after July 1, 2000.

SENATE FILE 2092 -- 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. Changes are made in the quorum requirements for commissions having control over memorial hospitals to adjust for changes made by 1999 Iowa Acts, Chapter 36, which permits the commissions to consist of seven members, not just five, as was the case previously. Language relating to when stock ownership constitutes a prohibited personal interest in a municipal housing project or property included or to be included in a municipal housing project by a public official or employee of a municipality is modified to provide that a 5 percent ownership interest "shall not be deemed an interest of, or ownership or control by" the person. Language is deleted relating to an obsolete certification of the amount of the personal property tax replacement base for each taxing district by the Director of Revenue. A reference to the Department of Management is changed to the Department of Revenue and Finance in language pertaining to the adjustment function in the personal property tax replacement base.

SENATE FILE 2194 -- Vacation of Roads and Rights-of-Way (Complete summary under TRANSPORTATION.)

   This Act provides that the agency which has jurisdiction over a road may vacate a road right-of-way held by easement without a public hearing if certain exceptions apply. The Act also eliminates a requirement that an agency holding a hearing on the vacation of a road, part of a road, or railroad crossing within its jurisdiction notify, by regular mail, all property owners located outside the boundary of a city who own 10 or more acres of land within one mile of the road.

SENATE FILE 2241 -- Criminal Offenses and Liquor Licensee and Permittee Regulation (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act relates to regulations concerning the issuance of liquor licenses and permits, consolidation of certain criminal offenses, and to certain criminal penalties.

SENATE FILE 2245 -- Law Enforcement -- Personal Property Disposition -- State and Local Penalties (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act relates to the disposition of property by law enforcement agencies and to scheduled violations and local ordinances.

SENATE FILE 2302 -- Public Health Programs and Issues (Complete summary under HEALTH & SAFETY.)

   This Act makes changes relating to programs under the purview of the Iowa Department of Public Health. The Act increases the fee for filing an application to marry to $35, which includes payment for one certified copy of the original certificate of marriage, and allows the county to retain $4 of the fee. The Act eliminates the required issuance of an uncertified copy of the marriage certificate by the officiating minister or magistrate to the parties to the marriage, but provides for issuance of a certified copy of the original certificate of marriage by the county registrar, following receipt of the original certificate of marriage.

SENATE FILE 2303 -- Administration of Justice -- Appointments -- Benefits -- Magistrate Apportionment (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

   This Act makes changes in the Code relating to benefits applicable to Judicial Branch employees and in the manner of making certain quasi-judicial appointments. The Act provides that the county board of supervisors, and not the district court, has the authority to appoint an acting county attorney. In addition, the Act provides that the member of the civil service commission previously appointed by the presiding district court judge be appointed by the county board of supervisors.

SENATE FILE 2331 -- School Board Members -- Interest in School Contracts (Complete summary under EDUCATION.)

   This Act permits a member of the board of directors of a school corporation to benefit from a contract with the director's school corporation for goods or services if the benefit is not more than $2,500 and the contract is made upon competitive bidding. Currently the maximum benefit amount under a competitively bid contract is $1,500.

SENATE FILE 2348 -- Loess Hills Development and Conservation Authority -- Hungry Canyons Alliance -- Loess Hills Alliance (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

   This Act creates a Hungry Canyons Alliance, includes agricultural producers owning real property within the loess hills landform as members of the Loess Hills Alliance, and directs state agencies to coordinate, cooperate and consult with the Loess Hills Development and Conservation Authority and its alliance on matters relating to the loess hills.

SENATE FILE 2360 -- Human Services -- Administration and Employment (Complete summary under HUMAN SERVICES.)

   This Act relates to various state and local administrative provisions involving human services, requires the Department of Human Services to conduct criminal and child abuse and dependent adult abuse record checks on employees, prospective employees, volunteers, and prospective volunteers in the department's local offices who have direct contact with the department's clients, and also includes provisions involving county mental health, mental retardation, and developmental disabilities services.

SENATE FILE 2366 -- Purchase, Possession, and Sale of Cigarettes and Tobacco Products (Complete summary under HEALTH & SAFETY.)

   This Act relates to cigarette and tobacco product provisions. The Act requires the Department of Revenue and Finance and cities and counties issuing permits for the retail sales of cigarettes to submit a copy of any application submitted to and any permit issued by the entity to the Iowa Department of Public Health. The Act also requires the Department of Revenue and Finance and cities and counties to report any suspensions or revocations of a retail permit to the Iowa Department of Public Health.

SENATE FILE 2368 -- Family Investment Program -- Miscellaneous Provisions (Complete summary under HUMAN SERVICES.)

   This Act makes various changes to the Family Investment Program and associated provisions, including deletion of a requirement for the Department of Human Services to file a report in local and county offices concerning persons receiving assistance.

SENATE FILE 2411 -- Public Retirement Systems (Complete summary under STATE GOVERNMENT.)

   This Act makes numerous changes pertaining to public retirement systems, including the Public Safety Peace Officers' Retirement, Accident, and Disability System (Code Chapter 97A), the Iowa Public Employees' Retirement System (Code Chapter 97B), the Statewide Fire and Police Retirement System (Code Chapter 411), and the Judicial Retirement System.

SENATE FILE 2426 -- Horizontal Property Regimes (Complete summary under TAXATION.)

   This Act specifies that a building unit, and general common interests and limited common interests appurtenant to the building unit, in a horizontal property regime, i.e., condominium complex, constitutes a separate parcel of real property. The Act also provides that, for property taxation purposes, the fair market value determined for the building unit in a condominium complex includes the value of the land and general and limited common elements; after April 25, 2000, existing structures shall not be converted to condominiums unless the structures meet the applicable building codes; and a 60-day notice must be provided to the applicable city or county or to the state before the filing of the declaration to convert a structure to a condominium complex. The Act takes effect April 25, 2000.

SENATE FILE 2435 -- Appropriations -- Human Services (Complete summary under APPROPRIATIONS.)

   This Act provides appropriations to the Department of Human Services for FY 2000-2001 and includes provisions related to human services and health care. The Act includes provisions for grant funding to community empowerment areas, mental health and developmental disability services funding, juvenile justice funding, and many other programs and appropriations affecting human services programs administered by counties.

SENATE FILE 2444 -- Taxation of Property Used by Iowa National Guard (Complete summary under TAXATION.)

   This Act provides that property of the Iowa National Guard is exempt from property tax when it is devoted for public use and not for pecuniary gain. Property leased by a city or county to the Iowa National Guard or to a federal agency for the benefit of the Iowa National Guard is also exempt from property taxation.

SENATE FILE 2447 -- Financing of Public Improvements (Complete summary under ECONOMIC DEVELOPMENT.)

   This Act amends the definition of "public improvement" in Code Chapter 384 to exclude urban renewal demolition.

SENATE FILE 2452 -- Miscellaneous Appropriations and Other Provisions (Complete summary under APPROPRIATIONS.)

   Division I of this Act makes the FY 2001-2002 appropriation for county mental health, mental retardation, and development disabilities services allowed growth and includes other provisions affecting county administration of these services. Division VI of this Act amends H.F. 2492 to change the membership of the newly created State Fire Service and Emergency Response Council of the Department of Public Safety. Division VIII of this Act provides for a $100,000 lump sum death benefit for the death of a volunteer emergency services provider. The death benefit is repealed July 1, 2002.

S.J.R. 2005 - Nullification of Administrative Rule -- Property Tax Classification of Condominiums (Complete summary under TAXATION.)

   This Joint Resolution nullifies two amendments to administrative rules of the Department of Revenue and Finance that define, for property tax purposes, units in a condominium complex as commercial real estate if more than one-half of the units are used for commercial purposes, i.e., rented without intent to sell. The Joint Resolution takes effect May 9, 2000.

HOUSE FILE 2280 -- Operation Recognition Program -- World War II Veterans (Complete summary under EDUCATION.)

   This Act establishes an "Operation Recognition" Program to award high school diplomas to World War II veterans who left high school prior to graduation to enter U.S. military service, and directs the Department of Education, with the cooperation of the Commission of Veterans Affairs, to publicize the program and to provide school districts, schools, communities, and county commissions of veterans affairs with information about hosting a diploma ceremony on or around Veterans Day.

HOUSE FILE 2376 -- Veterans Preference -- Public Employment (Complete summary under LABOR & EMPLOYMENT.)

   This Act provides that at the time of application for appointment or employment in a public position in this state or at an interview for the position, a military veteran applicant may request notification of refusal only, or notification of refusal and the specific grounds for refusal, which shall be sent within 10 days after the successful applicant is selected.

HOUSE FILE 2431 -- Ethics and Campaign Disclosure -- Regulation and Enforcement (Complete summary under ELECTIONS, ETHICS & CAMPAIGN DISCLOSURE.)

   This Act relates to Ethics and Campaign Disclosure Board procedures and to conflicts of interest of public officers and employees. The Act provides that an action may only be brought against local officials or local employees and not against state employees or legislative employees. Also, in an action to enforce provisions of the Code relating to conflicts of interest of public officers and employees, the complaint shall be filed with another county attorney if the county attorney is the person against whom the complaint is filed or if the county attorney otherwise has a personal or legal conflict of interest. All other complaints are filed with the county attorney in the county where the accused resides.

HOUSE FILE 2486 -- Taking of Fish and Game (Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION.)

   This Act authorizes the taking of deer within a city with a firearm within 50 yards of an inhabited building or feedlot pursuant to a special deer population control plan if the hunter has the permission of the owner or tenant of the inhabited facilities. HOUSE FILE 2533 - Federal Block Grant Appropriations SEE APPROPRIATIONS. This Act appropriates federal block grant and other nonstate moneys to state agencies for the federal fiscal year beginning October 1, 2000, and ending September 30, 2001. The Act includes funding for local law enforcement, health and human services, and other programs administered at the local level. HOUSE FILE 2540 - Economic Development Programs -- Tax Credits -- Incentives SEE ECONOMIC DEVELOPMENT. This Act makes amendments to the Economic Development Enterprise Zone Program relating to the ability of cities and counties to designate enterprise zones. HOUSE FILE 2548 - Tax Administration and Related Matters -- VETOED BY THE GOVERNOR SEE TAXATION. This bill would have amended various provisions of the state and local tax laws to specify the length of time for which an urban revitalization tax exemption would be allowed in the case of untimely filed applications; impose a duty on the county auditor to notify the Director of Revenue and Finance of the outcome of an election relating to the local option sales and services taxes; impose local option sales and services taxes only on motor fuels and special fuels on which the state motor fuel tax has not been imposed or, if imposed, refund the state tax; and change the dates for filing claims for various tax exemptions to February 1.

HOUSE FILE 2555 -- Tobacco Settlement Fund Appropriations (Complete summary under APPROPRIATIONS.)

   This Act relates to and makes appropriations from the Tobacco Settlement Fund. The Act provides an appropriation for assistance to certain counties with limited county mental health, mental retardation, and developmental disabilities services fund balances to pay reimbursement increases.

HOUSE FILE 2560 -- Income and Property Taxes -- Credits, Deductions, and Exemptions (Complete summary under TAXATION.)

   This Act provides various property tax incentives, and includes a barn preservation exemption for the increase in value added to a farm structure resulting from improvements made to the pre-1937 structure to preserve it as a barn and a one-room schoolhouse preservation exemption for the increase in value added to a one-room schoolhouse as a result of improvements made to the structure for purposes of preserving the integrity of the internal and external features of the structure as a one-room schoolhouse.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: WED June 28 2000
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