House Study Bill 724 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            AGRICULTURE BILL BY
                                            CHAIRPERSON MERTZ)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing monetary thresholds for actions by governing
  2    boards of drainage districts.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6508HC 82
  5 da/nh/8

PAG LIN



  1  1    Section 1.  Section 468.126, subsection 1, paragraph c,
  1  2 Code 2007, is amended to read as follows:
  1  3    c.  If the estimated cost of a repair exceeds fifteen
  1  4 twenty thousand dollars, or seventy=five percent of the
  1  5 original total cost of the district and subsequent
  1  6 improvements, whichever is the greater amount, the board shall
  1  7 set a date for a hearing on the matter of making the proposed
  1  8 repairs, and shall give notice as provided in sections 468.14
  1  9 through 468.18.  If a hearing is required and the estimated
  1 10 cost of the repair exceeds twenty=five thousand dollars, an
  1 11 engineer's report or a report from the soil and water
  1 12 conservation district conservationist shall be presented at
  1 13 the hearing.  The requirement of a report may be waived by the
  1 14 board if a prior report on the repair exists and that report
  1 15 is less than ten years old.  The board shall not divide
  1 16 proposed repairs into separate programs in order to avoid the
  1 17 notice and hearing requirements of this paragraph.  At the
  1 18 hearing the board shall hear objections to the feasibility of
  1 19 the proposed repairs, and following the hearing the board
  1 20 shall order that the repairs it deems desirable and feasible
  1 21 be made.  Any interested party has the right of appeal from
  1 22 such orders in the manner provided in this subchapter, parts 1
  1 23 through 5.
  1 24    Sec. 2.  Section 468.126, subsection 2, Code 2007, is
  1 25 amended to read as follows:
  1 26    2.  In the case of minor repairs, or in the eradication of
  1 27 brush and weeds along the open ditches, not in excess of
  1 28 fifteen twenty thousand dollars where the board finds that a
  1 29 saving to the district will result the board may cause the
  1 30 repairs or eradication to be done by secondary road fund
  1 31 equipment, or weed fund equipment, and labor of the county and
  1 32 then reimburse the secondary road fund or the weed fund from
  1 33 the fund of the drainage district thus benefited.
  1 34    Sec. 3.  Section 468.126, subsection 4, paragraph a, Code
  1 35 2007, is amended to read as follows:
  2  1    a.  When the board determines that improvements are
  2  2 necessary or desirable, the board shall appoint an engineer to
  2  3 make surveys as seem appropriate to determine the nature and
  2  4 extent of the needed improvements, and to file a report
  2  5 showing what improvements are recommended and their estimated
  2  6 costs, which report may be amended before final action.  If
  2  7 the estimated cost of the improvements does not exceed fifteen
  2  8 twenty thousand dollars, or twenty=five percent of the
  2  9 original cost of the district and subsequent improvements,
  2 10 whichever is the greater amount, the board may order the work
  2 11 done without notice.  The board shall not divide proposed
  2 12 improvements into separate programs in order to avoid the
  2 13 limitation for making improvements without notice.  If the
  2 14 board deems it desirable to make improvements where the
  2 15 estimated cost exceeds the fifteen twenty thousand dollar or
  2 16 twenty=five percent limit, the board shall set a date for a
  2 17 hearing on the matter of constructing the proposed
  2 18 improvements and also on the matter of whether there shall be
  2 19 a reclassification of benefits for the cost of the proposed
  2 20 improvements, and shall give notice as provided in sections
  2 21 468.14 through 468.18.  At the hearing the board shall hear
  2 22 objections to the feasibility of the proposed improvements and
  2 23 arguments for or against a reclassification presented by or
  2 24 for any taxpayer of the district.  Following the hearing the
  2 25 board shall order that the improvements it deems desirable and
  2 26 feasible be made, and shall also determine whether there
  2 27 should be a reclassification of benefits for the cost of
  2 28 improvements.  If it is determined that a reclassification of
  2 29 benefits should be made, the board shall proceed as provided
  2 30 in section 468.38.  In lieu of publishing the notice of a
  2 31 hearing as provided by this subsection, the board may mail a
  2 32 copy of the notice to each address where a landowner in the
  2 33 district resides by first class mail if the cost of mailing is
  2 34 less than publication of the notice.  The mailing shall be
  2 35 made during the time the notice would otherwise be required to
  3  1 be published.
  3  2    Sec. 4.  Section 468.126, subsection 4, paragraph b, Code
  3  3 2007, is amended to read as follows:
  3  4    b.  If the estimated cost of the improvements as defined in
  3  5 this subsection exceeds twenty twenty=five thousand dollars,
  3  6 or the original cost of the district plus the cost of
  3  7 subsequent improvements in the district, whichever is the
  3  8 greater amount, a majority of the landowners, owning in the
  3  9 aggregate more than seventy percent of the total land in the
  3 10 district, may file a written remonstrance against the proposed
  3 11 improvements, at or before the time fixed for hearing on the
  3 12 proposed improvements, with the county auditor, or auditors in
  3 13 case the district extends into more than one county.  If a
  3 14 remonstrance is filed, the board shall discontinue and dismiss
  3 15 all further proceedings on the proposed improvements and
  3 16 charge the costs incurred to date for the proposed
  3 17 improvements to the district.  Any interested party may appeal
  3 18 from such orders in the manner provided in this subchapter,
  3 19 parts 1 through 5.  However, this section does not affect the
  3 20 procedures of section 468.132 covering the common outlet.
  3 21                           EXPLANATION
  3 22    This Act amends Code section 468.126, which authorizes the
  3 23 governing board of a drainage or levee district (e.g., a
  3 24 county board of supervisors) to make repairs necessary to
  3 25 maintain or restore a drainage or levee improvement.
  3 26 Currently, a board may provide for the repairs without
  3 27 conducting a hearing on the matter if the cost of the repairs
  3 28 does not exceed $15,000 or 75 percent of the original cost of
  3 29 the district counting subsequent improvements.  The bill
  3 30 increases the ceiling amount to $20,000.
  3 31    The bill raises the amount from $15,000 to $20,000 when a
  3 32 board is authorized to make minor repairs or eradicate weeds
  3 33 or brush from a ditch using secondary road fund equipment or
  3 34 weed fund equipment, when the board subsequently repays that
  3 35 fund.
  4  1    The bill provides that in the case of an improvement
  4  2 involving the expansion of a ditch, tile drain, or other
  4  3 facility to increase drainage capacity, the board is
  4  4 authorized to make the improvements without a notice or
  4  5 hearing if the cost of the improvement does not exceed $15,000
  4  6 or 25 percent to the original cost of the district and
  4  7 subsequent improvements, whichever is greater.  The bill
  4  8 increases the amount to $20,000.
  4  9    The bill amends a provision which provides for the right of
  4 10 a landowner to file a remonstrance against a proposed
  4 11 improvement when its cost exceeds the greater of $20,000 or
  4 12 the cost of the district plus subsequent improvements.  The
  4 13 bill increases the ceiling amount to $25,000.
  4 14 LSB 6508HC 82
  4 15 da/nh/8