LOCAL GOVERNMENT

SENATE FILE 2044 - Volunteer Emergency Services Provider Death Benefits - Heart Attacks or Strokes
SENATE FILE 2270 - County Records
SENATE FILE 2284 - Regional Transit Districts
SENATE FILE 2289 - Records and Fees Administered by County Treasurer
SENATE FILE 2291 - Development and Rehabilitation of Real Property - Local Government Activities
HOUSE FILE 2145 - City Planning and Zoning Commission Membership
HOUSE FILE 2340 - Local Government Elective Offices - Vacancy Due to Military Service
HOUSE FILE 2381 - County Hospital Budget Certification
HOUSE FILE 2404 - Alternative Forms of County and City Government
HOUSE FILE 2471 - Detention of Out-of-State Prisoners
HOUSE FILE 2537 - Mental Illness, Mental Retardation, Developmental Disability, and Brain Injury Services and Support
HOUSE FILE 2544 - Real Estate Records and Transactions
HOUSE FILE 2560 - Fire Protection and Emergency Medical Service
HOUSE FILE 2569 - Scheduled Violations - County Enforcement Surcharge

RELATED LEGISLATION

SENATE FILE 297 - Snowmobile and All-Terrain Vehicle Regulation

SEE NATURAL RESOURCES & OUTDOOR RECREATION. This Act contains provisions relating to the duties of county treasurers for the registration and titling of snowmobiles and all-terrain vehicles.

SENATE FILE 371 - Recording of Documents or Instruments by County Recorder - Fees and Standards

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act specifies formatting standards for documents or instruments that are presented for recording by the county recorder.

SENATE FILE 2187 - Municipal Utilities and Local Exchange Services

SEE ENERGY & PUBLIC UTILITIES. This Act requires a city that owns or operates a municipal utility to perform an annual audit, make certain accounting records available to the public, and allocate the cost of use of city resources used by a municipal utility providing telecommunications services. The Act makes the sale of communication services by a municipal utility subject to sales tax.

SENATE FILE 2244 - Municipal Utilities and Telecommunications Services

SEE ENERGY & PUBLIC UTILITIES. This Act relates to the regulation of cities owning or operating municipal utilities that provide telecommunications services.

SENATE FILE 2269 - Elections and Voter Registration

SEE ELECTIONS, ETHICS & CAMPAIGN FINANCE. This Act makes changes to the law relating to elections, absentee voting, and voter registration. The Act contains Code language changes which, unless otherwise noted, are necessary to comply with requirements of Pub. L. No. 107-252, the Help America Vote Act of 2002. The Act takes effect April 16, 2004, and applies to elections held on or after September 15, 2004.

SENATE FILE 2279 - Satellite Absentee Voting Stations - Petition Requirements - VETOED BY THE GOVERNOR

SEE ELECTIONS, ETHICS & CAMPAIGN FINANCE. This bill would have made changes to the petition requirements for establishment of satellite absentee voting stations.

SENATE FILE 2282 - Loess Hills Study

SEE NATURAL RESOURCES & OUTDOOR RECREATION. This Act requires the Loess Hills Development and Conservation Authority, in consultation with the State Advisory Board for Preserves, to conduct a comprehensive study of the Loess Hills. However, the Act takes effect only upon receipt by the authority of federal, state or local funding for the study and a report.

SENATE FILE 2298 - Government Funding, Administration, and Regulation - Appropriations and Miscellaneous Changes

SEE APPROPRIATIONS. Divisions V and VI of this Act make appropriations for health and human services and provide numerous related provisions, including provisions affecting mental health and developmental disability services administered by counties.

Division VII distributes and appropriates state funding for MH/MR/DD/BI services provided by counties for FY 2004-2005 and FY 2005-2006.

Division X changes various property tax credit reimbursements from standing unlimited appropriations to specific dollar amounts for FY 2004-2005, requires a countywide vote on the issuance of revenue bonds or the sale of assets of an authority established by the county and its county seat, allows a chief of a volunteer fire district to also hold office as a member of the city council of a city of not more than 2,000 population, and allows all of the money, instead of just 20 percent, appropriated to the Local Government Innovation Fund to be used in the form of forgivable loans or grants.

Division XVI amends a newly enacted Code section to provide that the provision relating to public utilities facilities in a right-of-way does not interfere with a city's authority with regard to a franchise and the right-of-way.

Division XXII makes changes relating to Iowa individual income tax checkoffs. The division enacts the Volunteer Fire Fighter Preparedness Checkoff and Volunteer Fire Fighter Preparedness Fund. Moneys in the fund are appropriated to the Division of Fire Protection of the Department of Public Safety to be used to pay the costs of providing volunteer fire fighter training around the state and volunteer fire fighter training equipment.

Division XXIII repeals the section of 2003 Iowa Acts, Chapter 1, which created the Property Tax Implementation Committee.

HOUSE FILE 593 - Election Law Changes - VETOED BY THE GOVERNOR

SEE ELECTIONS, ETHICS & CAMPAIGN FINANCE. This bill would have made changes to the law relating to elections and voter registration.

HOUSE FILE 2149 - Venue for Trial of Simple Misdemeanors - Cities in Two or More Counties

SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS. This Act relates to the prosecution of a simple misdemeanor committed in a city located in two or more counties.

HOUSE FILE 2180 - Appointment of County Attorney - Residency Requirement

SEE ELECTIONS, ETHICS & CAMPAIGN FINANCE. This Act relates to filling a vacant office of county attorney by appointment.

HOUSE FILE 2207 - Substantive Code Corrections

SEE 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 made include changes to provisions regarding the recording of the name of a farm, inspections of jails, local government reimbursement for prisoner expenses, annexation of territory by a city, city council elections, property tax assessment, public utilities, and area education association reorganizations. The changes made to a 2003 Act that related to area education reorganizations take effect April 26, 2004, and are retroactively applicable to July 1, 2003.

HOUSE FILE 2225 - Drainage and Levee Districts - County Authority

SEE AGRICULTURE. This Act authorizes a county board of supervisors to establish a drainage district with territory that includes only a city.

HOUSE FILE 2259 - Pseudoephedrine - Sale, Purchase or Theft - Penalties

SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS. This Act prohibits a county or municipality from establishing a penalty which is higher or more stringent than state requirements or penalties related to the sale of a product containing pseudoephedrine as the product's sole active ingredient.

HOUSE FILE 2315 - Soil and Water Conservation Practices - Repairs and Improvements

SEE AGRICULTURE. This Act increases the amount that a governing board of a drainage district may obligate for improvements relating to repairs and weed control without providing notice and a hearing to affected landowners.

HOUSE FILE 2352 - Illegal Dumping Enforcement Officers

SEE ENVIRONMENTAL PROTECTION. This Act relates to illegal dumping enforcement officers who are appointed by a county board of supervisors.

HOUSE FILE 2357 - Aquatic Invasive Plants and Animals

SEE NATURAL RESOURCES & OUTDOOR RECREATION. This Act requires the Natural Resource Commission to prepare a long-term statewide aquatic invasive species water management plan before January 1, 2005, with containment strategies which include participation by lake associations, local citizen groups, and local units of government in the development of lake management plans where such species exist and notice to travelers of the penalties for violation of laws relating to such species.

HOUSE FILE 2383 - Rural Improvement Zones - VETOED BY THE GOVERNOR

SEE ECONOMIC DEVELOPMENT. This bill would have eliminated language that limits rural improvement zones to counties with less than 18,500 population.

HOUSE FILE 2392 - Conduct of Controlled Burns of Demolished Buildings by Cities

SEE ENVIRONMENTAL PROTECTION. This Act relates to controlled burns of demolished buildings conducted by certain cities.

HOUSE FILE 2403 - Administration of Fairs - Allocation of Funds

SEE AGRICULTURE. This Act amends provisions in Code Chapter 174 regulating county and district fairs by changing terms and redefining what constitutes a fair, providing for state aid and its distribution, changing procedures for bonding, and eliminating a provision providing for the appointment of special police.

HOUSE FILE 2433 - Issuance of Driver's Licenses and Nonoperator Cards - Fees Retained by Counties

SEE TRANSPORTATION. This Act increases the portion of the fee retained by county treasurers for the issuance of driver's licenses and nonoperator's identification cards from $5 to $7. The Act also requires the Auditor of State to conduct a periodic study of state and county issuance costs to provide the basis for any fee adjustment considered by the General Assembly.

HOUSE FILE 2450 - Real Property - Conveyances and Other Transfers - Marketable Record Title

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act makes changes to acknowledgment provisions relating to real property conveyances.

HOUSE FILE 2460 - School District Enrollment of Persons Required to Register as a Sex Offender

SEE EDUCATION. This Act requires the county sheriff to provide school districts located within the county with the name of any individual under the age of 21 who is required to register as a sex offender.

HOUSE FILE 2464 - Automated External Defibrillator Grant Program

SEE HEALTH & SAFETY. This Act requires the Iowa Department of Public Health to establish an Automated External Defibrillator Grant Program to assist in the distribution of automated external defibrillator equipment and training regarding equipment utilization.

HOUSE FILE 2516 - Notarial Acts - Certifications of Uniform Citation and Complaints

SEE CRIMINAL LAW, PROCEDURE & CORRECTIONS. Under this Act, a chief officer of a law enforcement agency or the chief officer's designee is not required to use a stamp or seal when certifying the verification of a uniform citation and complaint.

HOUSE FILE 2579 - Appeals From Condemnation Proceedings - Damage Awards - Interest

SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act makes changes relating to disposition of an award of damages in a condemnation proceeding pending appeal of the award to district court and to the award of interest earned on the damages.

LOCAL GOVERNMENT

SENATE FILE 2044 - Volunteer Emergency Services Provider Death Benefits - Heart Attacks or Strokes (full text of bill)

BY BRUNKHORST. This Act concerns eligibility for state payment of a $100,000 line of duty death benefit to volunteer emergency services providers. Volunteer emergency services providers include volunteer fire fighters, volunteer emergency medical care providers, volunteer emergency rescue technicians, and reserve peace officers.

The Act provides that if the death was the result of a heart attack or stroke, the death will be presumed to have been as a result of a traumatic personal injury and compensable if the provider had engaged in nonroutine stressful or strenuous physical activity and the death occurred while engaging in that activity, while still on duty after that activity, or within 24 hours after the activity, and the presumption cannot be overcome by medical evidence.

SENATE FILE 2270 - County Records (full text of bill)

BY COMMITTEE ON LOCAL GOVERNMENT. Code Sections 331.605A and 331.605C allow the county recorder to collect a fee of $1 for each recorded transaction to be used for records maintenance and maintaining an Internet website providing electronic access to records and information. This Act specifies that these fees, and any earned interest, are to be deposited in a county recorder's records management fund or electronic transaction fund.

Code Section 331.608, subsection 6, provides for the confidentiality of veterans' military personnel records in the custody of the county recorder. Currently, one exception to this confidentiality is when access is required by the federal or state government or a political subdivision. The Act adds a requirement that the records be released to the Commission of Veterans Affairs, subject to the same state and federal confidentiality provisions that bind the county recorder. The Act also strikes an exemption to that confidentiality that allows access to persons conducting research who have received written approval from the county commissioner of veteran affairs.

SENATE FILE 2284 - Regional Transit Districts (full text of bill)

BY COMMITTEE ON WAYS AND MEANS. This Act authorizes the creation, by Code Chapter 28E agreement, of a regional transit district in a county with a population in excess of 300,000 or in one or more contiguous counties and in certain cities if one of the counties has a population in excess of 300,000. Division XXV of S.F. 2298 (see Appropriations) amended this Act to allow counties with a population in excess of 175,000 to create a regional transit district.

The Act provides that a regional transit district shall consist of the unincorporated area of a participating county and cities without an urban transit system within the county unless the city, by resolution, declines to participate. A city that has an urban transit system and is located in a participating county may, by resolution, participate in the regional transit district. The Act also provides that a city located in a nonparticipating contiguous county may, by resolution, participate in the regional transit district.

The Act provides that a regional transit district shall have the rights, powers and duties of a county enterprise under Code Sections 331.462 through 331.469. The Act requires the participating counties and cities to appoint a commission to manage and administer the regional transit district. The commission may establish a schedule of fares and collect fares for its transportation services. The Act also authorizes the commission to adopt a budget and certify for levy a regional transit district property tax with the approval of the participating counties and cities not to exceed 95 cents per $1,000 of the assessed value of all taxable property in the county within a regional transit district, including within a participating city. The levy is for maintenance and operation of a regional transit district, for payment of debt obligations, and for a reserve fund. If a city is included in a regional transit district, the regional district levy and the supplemental levy for municipal transit purposes shall not exceed the current limitation of 95 cents per $1,000 of assessed value. The Act amends the city supplemental levy provision to allow the tax levy for municipal transit to be used for payment on bonds issued for the transit system. The county portion of a regional transit district levy is to be deducted from the basic levies for general and rural services in the county, as applicable.

The Act amends the county bonding laws to provide that a regional transit district is an essential county purpose for the purpose of issuing general obligation bonds by the commission, with the approval of the board of supervisors, to finance its works, equipment and facilities.

Division XVI of S.F. 2298 also amended this Act to define "transportation," relating to regional transit districts, as the movement or carrying of individuals in a wheeled motorized vehicle or upon cars operated on stationary rails.

SENATE FILE 2289 - Records and Fees Administered by County Treasurer (full text of bill)

BY COMMITTEE ON WAYS AND MEANS. This Act makes various changes relating to the duties of county treasurers.

The Act enacts new Code Section 321.23A to allow persons to file a notarized affidavit of correction with the county treasurer to correct information printed incorrectly on a certificate of title, application for certificate of title, damage disclosure statement, or other document required for a motor vehicle title transfer.

Code Sections 321.47 and 555C.3 are amended to make application by a third party for a new certificate of title for a valueless mobile, modular or manufactured home a transfer by operation of law.

Code Section 321.50 is amended to increase from $5 to $10 the fee required for an application for a new certificate of title listing a security interest or an application for notation of security interest on a certificate of title that has already been issued on certain motor vehicles and mobile or manufactured homes.

Code Section 321.134, relating to annual vehicle registration fees, is amended to provide that if payment of a registration fee is made by electronic means through the county treasurer's authorized website only, the payment must be initiated by midnight on the first business day of the next month if the last day of the month in which it is due falls on a Saturday, Sunday, or a holiday.

Code Section 331.552 is amended to add a new subsection which requires the county treasurer to destroy special assessment records within the county system after 10 years have elapsed from the end of the fiscal year in which the special assessments were paid in full.

Code Section 331.553, relating to rates, charges, rentals, or special assessments, certified as a lien to the county treasurer for collection, is amended to provide that the administrative expense charge on a lien will be applied each year to the annual installment amount if the amount of the lien is paid in annual installments.

Code Section 445.37, relating to payment of the semiannual installment of property taxes, is amended to provide that if payment of taxes is made by electronic means through the county treasurer's authorized website only, the payment must be initiated by midnight on the first business day of the next month if the last day of the month in which it is due falls on a Saturday, Sunday, or a holiday.

Code Section 446.16, relating to the sale of delinquent property taxes, is amended to provide that the county treasurer may collect a registration fee from each registered bidder at a tax sale. Formerly, the county treasurer was allowed to collect a registration fee from each purchaser at the tax sale.

SENATE FILE 2291 - Development and Rehabilitation of Real Property - Local Government Activities (full text of bill)

BY COMMITTEE ON WAYS AND MEANS. This Act relates to a local government's authority to encourage development and rehabilitation of certain real property.

The Act allows alternative urban revitalization property tax exemption schedules for abandoned property that has been rehabilitated. One schedule provides a partial exemption for a period of 15 years and one schedule provides a full exemption for five years. The Act also rewrites provisions of the urban revitalization chapter to clarify statutory language on alternative exemption schedules that may be adopted by a city or a county. These sections of the Act apply to urban revitalization property tax exemptions allowed on or after May 17, 2004.

The Act amends the Code section which allows a city to purchase delinquent property taxes on residential property for use as low or moderate income housing to allow the property to be used for any type of housing. This portion of the Act applies to delinquent property tax sales held on or after May 17, 2004.

The Act shortens the redemption period from nine months to three months for redemption of delinquent property taxes sold to a city for use as housing. By operation of law, the shortened redemption period applies to delinquent property taxes sold on or after May 17, 2004.

The Act amends Code Chapter 657A, relating to abatement by rehabilitation of abandoned or unsafe buildings, to provide an alternative to the current process whereby a city or county may petition the court for appointment of a receiver to rehabilitate abandoned buildings which are used or intended to be used primarily for residential purposes. The Act allows a city, in lieu of the current process, to petition the court to award title to the property to the city if the court determines that the property is abandoned or if the owner or persons with an interest in the property agree to an award of title to the city, or if the city can show that the owner or persons with an interest in the property did not make a good faith effort to comply with local housing official orders within 60 days after the filing of the petition for title. The Act also strikes a provision which requires that a city with a population of less than 100,000 which files a petition for abatement must include the allegation that a building is abandoned and is in a dangerous or unsafe condition.

The Act takes effect May 17, 2004.

HOUSE FILE 2145 - City Planning and Zoning Commission Membership (full text of bill)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act relates to membership on certain city planning and zoning commissions. Under current law, a city is permitted to extend its zoning powers to the unincorporated area up to two miles beyond the limits of the city if the county where the two-mile area is located has not adopted a zoning ordinance for the county. If a city does exercise its extraterritorial zoning powers, it must add two members to its planning and zoning commission and its board of adjustment. One of the members to be added to the planning and zoning commission shall be a member of the board of supervisors of the county where the extended area is located.

The Act provides that, for supervisor membership on the city planning and zoning commission, the board of supervisors may designate a person other than a member of the board to fill that office.

HOUSE FILE 2340 - Local Government Elective Offices - Vacancy Due to Military Service (full text of bill)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act establishes a process to temporarily replace an elected local government official who has been called up for active state or federal military service for more than 60 consecutive days. The temporary appointment is made by the governing body of that unit of local government. The temporary appointment remains in effect until either the expiration of the elected term or the release of the elected official from service. On release from military service, the elected official is automatically reinstated.

The Act takes effect April 14, 2004.

HOUSE FILE 2381 - County Hospital Budget Certification (full text of bill)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act changes from March 1 to March 15 the budget certification deadline for county hospital budgets.

HOUSE FILE 2404 - Alternative Forms of County and City Government (full text of bill)

BY COMMITTEE ON STATE GOVERNMENT. This Act makes technical and substantive changes to the law relating to alternative forms of county government and to certain forms of city government, including the process by which such alternative forms of government are proposed and adopted.

LARGE COUNTY REDISTRICTING. The Act provides that if a county has adopted a charter for a city county consolidation form or community commonwealth form that provides for representation by districts and the county's population exceeds 180,000, the county's initial plan for districts, and its first plan for districts after each federal decennial census, shall be drawn by the Legislative Services Agency based upon the standards applicable to congressional and legislative redistricting. If the plan drawn by the Legislative Services Agency is rejected by the governing body, the governing body shall direct the agency to prepare another plan as provided by current law.

ESTABLISHMENT OF A COMMISSION. The Act provides that when a petition for establishment of a charter commission is submitted to the board of supervisors, the board must, within 10 days, adopt a resolution establishing the charter commission.

COMMISSION MEMBERSHIP. The Act amends the membership of a commission to study city county consolidation or community commonwealth forms of government. The Act provides that one city council member shall be appointed to the commission by the city council of each participating city. The Act further provides that two members of the board of supervisors shall be appointed for each participating county. One of the two supervisors must be a resident of the unincorporated area of the county. If this is not possible, the board of supervisors shall appoint a resident of the unincorporated area in lieu of appointing a supervisor. The Act further provides that additional members appointed to the commission shall be residents of the appointing city or county and appointees shall not be holding elective office at the time of the appointment. The Act removes the requirement that city-county consolidation commission members or community commonwealth commission members be appointed under the same guidelines as commissions studying the other alternative forms of county government.

COMMISSION PROCEDURE AND EXPENSES. The Act shortens the time for appointment of commission members from 45 days after adoption of the establishment resolution to 30 days after adoption of the resolution. The Act also changes from nine months after organization to seven months after organization the deadline for completion of a preliminary charter commission report. The Act changes from 20 months after organization to 12 months after organization the deadline for completion of the final commission report. The Act provides that commission expenses shall be paid by participating cities and from the general fund of the county.

COMMISSION'S FINAL REPORT. The Act provides that if a commission recommends no change to the existing form of government, the final report shall state the reasons for and against a change in the existing form of government. The Act requires that a summary of a commission's final report is to be published by the commission in a newspaper of general circulation in each participating city, in addition to the official newspapers of the participating county.

STATUTORY CHANGES AND CHARTER AMENDMENTS. The Act provides that if the General Assembly enacts a change in the law on alternative forms of county government after a charter commission has submitted its final report to the county board of supervisors but before the charter has been submitted to the electorate, the commission may amend the proposed charter, but only to the extent the charter amendment addresses the changes in the newly enacted law.

The Act provides that if a charter proposing a city county consolidated form or a community commonwealth form of government is adopted, the charter commission is dissolved on the date on which the terms of office of the members of the new governing body commence.

SPECIAL PROVISIONS FOR ELECTIONS. The Act provides that the general Code provisions relating to the effect of adoption of the proposed charter by the electorate do not apply to city county consolidations or to community commonwealths. The Act then amends Code Sections 331.249 and 331.262 to add similar provisions relating to the effect of adoption of the charter in that section of the Code that relates specifically to city county consolidations and to community commonwealths.

SPECIAL PROVISIONS FOR ALTERNATIVE FORMS OF COUNTY GOVERNMENT. The Act provides that the general Code provisions relating to limitations on the alternative forms of county government do not apply to city county consolidations or to community commonwealths. The Act then amends Code Section 331.248 to add similar limitations provisions in that section of the Code that relates specifically to city county consolidations and to community commonwealths.

TWO FORMS OF CITY COUNTY CONSOLIDATION. The Act provides that a city county consolidation charter may provide for the merger of a county and participating cities into a single unit of local government which includes a municipal corporation and a county, or may provide for a unified government structure of a county and one or more participating cities where each would remain separate political subdivisions. Either form allows the county and participating cities to retain a separate debt limitation for purposes of the limitation imposed by the state constitution.

CITY POPULATION. Currently, the law provides that if more than 50 percent of a city's population resides in a county creating a city county consolidation charter commission, the city will be included on the commission. The Act provides for such a city's inclusion even if the population of the city falls below the more than 50 percent threshold at a later date.

CHARTER ADOPTION. The Act provides that adoption of a city county consolidation charter or a community commonwealth charter requires the approval of a majority of the votes cast in the county and a majority of the votes cast in one or more of the cities named on the ballot.

PETITIONS FOR CONSOLIDATION. The Act provides that a petition to join a city county consolidated government requires signatures in an amount equal to 25 percent of the persons voting at the last regular city election, rather than at the general election. After receiving a petition calling for participation, the city council must adopt a resolution and forward it to the city county consolidated governing body within 10 days of adoption, rather than immediately.

CHARTER AMENDMENTS. The Act provides for amendment of a city county consolidation charter or community commonwealth charter by resolution of the governing body and approval of the electorate; or by ordinance of the governing body, which ordinance may be petitioned for approval by referendum; or by petition and election.

CONSOLIDATED GOVERNING BODIES. The Act provides that a city county consolidation charter shall provide for a governing body of not less than five members and for the initial compensation for the members and for a method of changing the compensation. The Act also provides that the charter shall provide for a representation plan for the governing body which may differ from the representation plans in current Code for counties and cities.

EXPEDITED COURT REVIEW. The Act provides that when a charter for city county consolidation is challenged in district court, the court is to expedite its review and determination on the challenge.

SUBSEQUENT CHARTER SUBMISSIONS. The Act provides that if a city county consolidation charter or a community commonwealth charter is rejected by the electorate, another charter shall not be submitted to the electorate for at least two years after the election at which the charter was rejected. The Act also provides that if a charter for either form of government is adopted, a proposed charter for another alternative form of government shall not be submitted to the electorate for at least six years from the date of the election at which the charter was adopted.

CONTINUITY AFTER CHARTER ADOPTION. The Act strikes language relating to city county consolidation that requires the governing body, within two years of ratification of the charter, to revise, repeal or reaffirm all rules, ordinances and resolutions in force at the time of consolidation and instead provides that each rule, ordinance and resolution shall remain in force unless superseded by action of the governing body or superseded by a charter provision.

BALLOT QUESTION. The Act amends the form of the ballot to present only one question on adoption of the city county consolidation government and its charter. These provisions also apply to community commonwealth proposed charters.

MULTICOUNTY CONSOLIDATION. The Act provides that if multicounty consolidation is approved by the electorate in two or more counties, the General Assembly shall pass legislation recognizing the change in county boundaries.

EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. The Act takes effect April 13, 2004. The portions of the Act that amend charter commission establishment, membership and duration do not apply to charter commissions that have been established and are operating as of April 13, 2004. The remainder of the Act applies retroactively to charter commissions in existence on April 13, 2004.

HOUSE FILE 2471 - Detention of Out-of-State Prisoners (full text of bill)

BY COMMITTEE ON LOCAL GOVERNMENT. This Act allows a prisoner from another state who has not been charged with a criminal offense in this state to be detained or committed in a county jail in this state. If a governmental entity from another state sends prisoners to this state for detention or commitment to a county jail, the Act provides that the governmental entity from the other state sending the prisoners is responsible for paying expenses to the county for housing the prisoners.

The Act takes effect April 28, 2004.

HOUSE FILE 2537 - Mental Illness, Mental Retardation, Developmental Disability, and Brain Injury Services and Support (full text of bill)

BY COMMITTEE ON HUMAN RESOURCES. This Act addresses redesign of the system for services and other support provided for persons with mental illness, mental retardation or other developmental disabilities, or brain injury (MI/MR/DD/BI).

The name of the Mental Health and Developmental Disabilities Commission is changed to the Mental Health, Mental Retardation, Developmental Disabilities, and Brain Injury Commission throughout the Code. The commission is part of the Department of Human Services (DHS). The term "single entry point process" is changed to reflect the commonly used term "central point of coordination process." This process is used by counties to manage county services to persons with MI/MR/DD/BI.

Legislative intent is stated for implementation of the system redesign to take place over a period of years, subject to enactment of specific statutory authorization for implementation. The purpose of the system redesign is stated in the Code and the commission is directed to perform various redesign activities in fiscal years 2004-2005 and 2005-2006. Activities include multiyear planning, addressing the transition of children to the adult system, proposing standardized functional assessment tools, proposing case rates for services, and developing an implementation plan for shifting to determination of county financial responsibility based upon an individual's county of residence. Other redesign activities are provided for the commission and DHS, including proposing a new information technology system and semiannual reporting to the Governor and General Assembly.

A new state-county dispute resolution process is established in which administrative law judges hear disputes concerning the legal settlement of a person receiving services from the state resource centers, the state mental health institutes, or the Medicaid Program. A decision of an administrative law judge may be appealed to the district court. The county or state determined to have legal settlement pays for the individual's past and future services and the costs of the proceedings. A procedure is included to address disputes for services provided prior to July 1, 2004.

HOUSE FILE 2544 - Real Estate Records and Transactions (full text of bill)

BY COMMITTEE ON WAYS AND MEANS. Current law authorizes the county auditor to collect a $5 fee for each property transfer described in a deed. This Act broadens the fee to cover any instrument that unconditionally conveys real estate. The Act also requires that each county adopt a numbering and indexing system that assigns a unique number for each parcel of real property located in that county. The Act also requires that in the situation where a life estate is terminated, a change of title shall be provided to the county recorder where the parcel of real estate is located.

HOUSE FILE 2560 - Fire Protection and Emergency Medical Service (full text of bill)

BY COMMITTEE ON WAYS AND MEANS. This Act makes changes to the law relating to fire protection service by cities, counties, townships, and benefited fire districts.

The Act provides that in a county with a population of more than 300,000, fire protection or fire protection and emergency medical services agreements or contracts between a township and a city or another township that are in force on July 1, 2004, shall remain in force for FY 2005 2006 and FY 2006 2007. Thereafter, the county shall negotiate agreements for fire protection or fire protection and emergency medical services on behalf of those townships and shall levy amounts sufficient to meet the obligations under the agreements. This portion of the Act does not apply to a Chapter 28E agreement entered into by three or more townships that provides for the creation of one fire department to provide fire protection service to those townships.

The Act specifies that the fire protection levy certified by a county for fire protection service shall be imposed in the township for which powers and duties of the township trustees relating to fire protection service have been assumed by the county board of supervisors.

The Act provides that during the process of dissolving a benefited fire district, the board of supervisors where the district is located shall continue to levy an annual tax for fire protection service in the district and shall negotiate agreements for continued fire protection service until such time as the board of trustees of the township assumes that duty. The Act increases the maximum annual tax to be levied during and after dissolution from 40 1/2 cents to 60 3/4 cents per $1,000 of assessed value of taxable property in the district. This section of the Act takes effect May 6, 2004, and applies to fiscal years beginning on or after July 1, 2004.

HOUSE FILE 2569 - Scheduled Violations - County Enforcement Surcharge (full text of bill)

BY COMMITTEE ON WAYS AND MEANS. This Act imposes a county enforcement surcharge of $5 on fines or forfeitures imposed pursuant to citations issued by the county sheriff for state violations punishable as a scheduled fine, if the board of supervisors has authorized the assessment of the surcharge for the county. The county enforcement surcharge is in addition to the fine and any other surcharge currently assessed. The Act directs the clerk of the district court to remit all moneys collected in the preceding month from the county enforcement surcharge to the county where the citation was issued for deposit in the county general fund. The county enforcement surcharge is exempt from the Code provisions allowing a county to retain a portion of delinquent surcharges collected by the county attorney because the county enforcement surcharge is already payable to the county.