Senate File 73 - Introduced
SENATE FILE
BY COURTNEY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to drainage and levee districts, by providing for
2 their administration, expenses associated with the
3 administration, and the assessment of moneys.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 331.553, unnumbered paragraph 1, Code
1 2 2005, is amended to read as follows:
1 3 The treasurer may do any of the following:
1 4 Sec. 2. Section 331.553, subsection 4, Code 2005, is
1 5 amended to read as follows:
1 6 4. Charge five dollars, as an administrative expense, for
1 7 every rate, charge, rental, or special assessment certified as
1 8 a lien to the treasurer for collection. This amount shall be
1 9 added to the amount of the lien, collected at the time of
1 10 payment from the payor, and credited to the county general
1 11 fund. If the amount of the lien is paid in annual
1 12 installments, an administrative expense charge shall be added
1 13 to each annual installment. However, this charge shall not be
1 14 added to an assessment, including a tax or levy, which is
1 15 levied, collected, or paid under chapter 468.
1 16 Sec. 3. Section 468.154, Code 2005, is amended by striking
1 17 the section and inserting in lieu thereof the following:
1 18 468.154 DRAINAGE AND LEVEE DISTRICTS == ADDITIONAL OR
1 19 DEDICATED PERSONNEL.
1 20 This section applies when the existence of a drainage
1 21 district or levee district located in a county increases the
1 22 workload of the office of the county auditor, county
1 23 treasurer, or county engineer to an extent that the office
1 24 cannot diligently perform its ordinary functions.
1 25 1. The county's board of supervisors may provide personnel
1 26 to keep the records and transact the business of the district.
1 27 The board may employ personnel or designate existing personnel
1 28 employed in another county to perform those duties. However,
1 29 the board shall not employ more than one full=time equivalent
1 30 position to perform those duties in one office.
1 31 a. For an intercounty drainage district or intercounty
1 32 levee district, the joint board of supervisors shall apportion
1 33 personnel to a county office in proportion to the amount of
1 34 the county's workload performed on behalf of the district.
1 35 b. For a drainage district that is under the control and
2 1 management of a board of trustees as provided in subchapter
2 2 III, that board must approve the action of the county board of
2 3 supervisors.
2 4 2. If a person is employed or designated by a county board
2 5 of supervisors to work on behalf of a district, all of the
2 6 following apply:
2 7 a. The person may perform the duties of the district in
2 8 multiple offices of the county. For an intercounty drainage
2 9 district or intercounty levee district, the person may perform
2 10 those duties in the offices of multiple counties.
2 11 b. The district shall provide for the compensation of the
2 12 personnel and the payment of actual expenses incurred by a
2 13 county office when it acts on behalf of the district. The
2 14 district may provide for direct payment or reimbursement to
2 15 the county. The expenses are limited to the following:
2 16 (1) The payment of the person's wages as defined in
2 17 section 91A.2 for work performed on behalf of the district.
2 18 (2) Costs assumed by the county which relate to preparing,
2 19 publishing, or delivering statements or notices as provided in
2 20 this chapter.
2 21 EXPLANATION
2 22 This bill amends provisions which govern the relationship
2 23 between counties and drainage districts or levee districts as
2 24 established under Code chapter 468. Generally, a county board
2 25 of supervisors is the governing body of a district. In the
2 26 case of an intercounty district, the governing body is the
2 27 board of supervisors in both jurisdictions which may meet in
2 28 joint session and which have common voting rights. There are
2 29 also instances in which a board of trustees manages a
2 30 district.
2 31 Code section 331.553 establishes a $5 surcharge payable to
2 32 a county treasurer for special assessments certified as liens
2 33 which is used to pay for administrative expenses. The bill
2 34 provides that the charge shall not be added to an assessment
2 35 or other tax levied to pay for improvements within a drainage
3 1 district.
3 2 The bill also amends Code section 468.154, which addresses
3 3 situations when the office of county auditor performs
3 4 administrative tasks on behalf of a drainage or levee
3 5 district. Generally, offices perform filing duties, provide
3 6 notice, provide appraisals, make and collect assessments, and
3 7 provide engineering services. Code section 468.154 provides
3 8 that when a drainage district or levee district located in a
3 9 county increases the workload of the office of the county
3 10 auditor, the board of supervisors may employ additional
3 11 personnel. The expenses associated with the personnel are to
3 12 be borne by the drainage district.
3 13 The bill rewrites this provision by authorizing the board
3 14 to provide such personnel in the offices of county auditor,
3 15 county treasurer, and county engineer. The bill specifically
3 16 accounts for districts located in two counties and districts
3 17 managed by a board of trustees in lieu of the board of
3 18 supervisors. The county may provide for new personnel or
3 19 designate existing personnel in another county office to
3 20 perform these duties. The bill provides that the dedicated
3 21 personnel may work in multiple county offices. It
3 22 specifically provides for the assumption of compensation paid
3 23 to such personnel. The bill provides that the district must
3 24 pay a person's wages and associated benefits for work
3 25 performed on behalf of the district. The district must also
3 26 pay costs assumed by the county that relate to preparing,
3 27 publishing, or delivering statements or notices.
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