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: 5 TLSB 1757XS 81 6 da/pj/5 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. 3 28 LSB 1757XS 81 3 29 da:nh/pj/5