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