House File 211 - Introduced HOUSE FILE 211 BY SANDS A BILL FOR An Act related to moneys administered by the board of trustees 1 of a drainage or levee district. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1870YH (5) 84 da/sc
H.F. 211 Section 1. Section 468.528, Code 2011, is amended to read 1 as follows: 2 468.528 Disbursement of funds. 3 Drainage and levee taxes when so levied and collected shall 4 be kept by the treasurer of the county in a separate fund to 5 the credit of the district for which it is collected , shall be 6 expended . The county treasurer shall disburse the moneys in 7 the fund only upon the any of the following: 8 1. The orders of the board of trustees, signed by the 9 president of the board, upon which warrants shall be drawn by 10 the auditor upon the treasurer. 11 2. The orders of the board of trustees directing the 12 treasurer to place all or any part of the moneys into a 13 checking account established by the board in a bank or credit 14 union as defined in section 12C.1. 15 a. The treasurer shall disburse the moneys only upon 16 resolution duly adopted by the board. The board shall not 17 expend moneys in the account for a purpose if the board could 18 not order the county treasurer to expend moneys from the 19 county’s separate fund for that same purpose. 20 b. The board shall file with the county auditor an annual 21 financial statement that is accompanied by an unqualified 22 opinion based upon an audit of the account performed by 23 a certified public accountant licensed in this state. 24 Notwithstanding paragraph “a” , the board shall pay the costs 25 associated with performing the audit out of the district’s 26 moneys. 27 Sec. 2. Section 468.531, Code 2011, is amended to read as 28 follows: 29 468.531 Compensation —— statements required. 30 The compensation of the trustees and the clerk of the board 31 is hereby fixed at forty an amount not to exceed two hundred 32 dollars per day each and necessary expenses, to be paid out 33 of the funds of the drainage or levee district for each day 34 necessarily expended in the transaction of the business of the 35 -1- LSB 1870YH (5) 84 da/sc 1/ 2
H.F. 211 district, but no one shall draw compensation for services as 1 trustee and as clerk at the same time. The board of trustees of 2 a district may by resolution establish for themselves and for 3 the clerk of the district a lower rate of pay than is fixed by 4 this section . They shall file with the auditor or auditors, 5 if more than one county, itemized, verified statements of 6 their time devoted to the business of the district and of the 7 expenses incurred. 8 EXPLANATION 9 GENERAL. This bill provides for the management of a drainage 10 or levee district by a three-member board of trustees elected 11 by landowners who are assessed taxes to pay for district 12 improvements (Code section 468.500). 13 CONTROL OF ASSESSED TAXES. Moneys levied and collected in 14 taxes are deposited in a special county drainage or levee fund 15 controlled by the county treasurer who is authorized to invest 16 such moneys and make disbursements to pay for district expenses 17 (e.g., repairs and improvements) as authorized by the board 18 (Code sections 468.54 and 468.528). The bill allows the board 19 to direct the county treasurer to deposit all or any part of 20 such moneys into a checking account established in a financial 21 institution for the board’s use to manage the district. The 22 board must at its own expense employ a certified public account 23 to perform an annual audit of the account. 24 INCREASE IN COMPENSATION. The bill increases the amount 25 of compensation paid to a trustee or clerk of the board of 26 trustees from $40 to an amount not to exceed $200 per day (Code 27 section 468.531). 28 -2- LSB 1870YH (5) 84 da/sc 2/ 2