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 exceedsfifteen1 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 28fifteentwenty 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 exceedfifteen2 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 thefifteentwenty 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 exceedstwentytwenty=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