Senate File 327 - Introduced





                                       SENATE FILE       
                                       BY  BARTZ


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

                                      A BILL FOR

  1 An Act relating to sanitary districts by amending a district's
  2    authority to regulate certain private sewage disposal
  3    facilities, excluding agricultural property from a property
  4    tax levy imposed by a district, and amending provisions
  5    related to annexation by a district.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 2126SS 83
  8 md/nh/8

PAG LIN



  1  1    Section 1.  Section 358.16, subsection 2, unnumbered
  1  2 paragraph 1, Code 2009, is amended to read as follows:
  1  3    The board of trustees may require connection to the
  1  4 sanitary sewer system established, maintained, or operated by
  1  5 the district from any adjacent property within the district,
  1  6 and require the installation of sanitary toilets or other
  1  7 sanitary sewage facilities and removal of other toilet and
  1  8 other sewage facilities on the property.  However, the board
  1  9 of trustees shall not regulate, restrict the use, or require
  1 10 the connection of a private sewage disposal facility approved
  1 11 by a county board of health under section 455B.172.
  1 12    Sec. 2.  Section 358.18, unnumbered paragraph 1, Code 2009,
  1 13 is amended to read as follows:
  1 14    The board of trustees of any sanitary district organized
  1 15 under this chapter shall have the power by ordinance to levy
  1 16 annually for the purpose of paying the administrative costs of
  1 17 such district, or for the payment of deficiencies in special
  1 18 assessments, or for both, a tax upon property within the
  1 19 territorial limits of such sanitary district, except property
  1 20 assessed as agricultural property, not exceeding fifty=four
  1 21 cents per thousand dollars of the adjusted taxable valuation
  1 22 of the property within such district for the preceding fiscal
  1 23 year.
  1 24    Sec. 3.  Section 358.26, subsection 1, Code 2009, is
  1 25 amended to read as follows:
  1 26    1.  In a county which has more than seven thousand five
  1 27 hundred acres of natural lakes, the The board of trustees may,
  1 28 or upon request of property owners representing twenty=five
  1 29 percent of the valuation of the property to be annexed,
  1 30 excluding property owned by the sanitary district, shall, file
  1 31 a petition in the office of county auditor of the county in
  1 32 which the property to be annexed or the major part of the
  1 33 property is located, requesting that there be submitted to the
  1 34 voters of the existing district and the area to be annexed the
  1 35 question whether the territory proposed to be annexed should
  2  1 be annexed to the sanitary district.  The property to be
  2  2 annexed must be located within the watershed of a natural lake
  2  3 or navigable water as defined in section 462A.2 in the
  2  4 existing district.  The board of supervisors of the county in
  2  5 which the property to be annexed or the major part of the
  2  6 property is located shall have jurisdiction of the proceedings
  2  7 on the petition.
  2  8                           EXPLANATION
  2  9    This bill amends provisions relating to sanitary districts
  2 10 under Code chapter 358.  The bill provides that a sanitary
  2 11 district may not regulate, restrict the use, or require the
  2 12 connection of a private sewage disposal facility approved by a
  2 13 county board of health under Code section 455B.172.
  2 14    The bill excludes agricultural property within the sanitary
  2 15 district from property taxes levied by the district.
  2 16    Current law provides that, in a county which has more than
  2 17 7,500 acres of natural lakes, the board of trustees may, or
  2 18 upon receiving a request from property owners representing 25
  2 19 percent of the valuation of the property to be annexed shall,
  2 20 file a petition for annexation in the office of the county
  2 21 auditor.  The bill removes the 7,500 acres of natural lakes
  2 22 restriction and excludes property owned by the sanitary
  2 23 district from the determination of the value of property to be
  2 24 annexed.
  2 25 LSB 2126SS 83
  2 26 md/nh/8.1