House File 654 - Introduced HOUSE FILE 654 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 211) 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 1870HV (3) 84 da/sc
H.F. 654 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. For drainage and levee districts with pumping stations, 12 by orders of the board of trustees directing the treasurer to 13 place all or any part of the moneys into a checking account 14 established by the board in a bank or credit union as defined 15 in section 12C.1. 16 a. The treasurer shall disburse the moneys only upon 17 resolution duly adopted by the board. The board shall not 18 expend moneys in the account for a purpose if the board could 19 not order the county treasurer to expend moneys from the 20 county’s separate fund for that same purpose. 21 b. The board shall file with the county auditor an annual 22 financial statement that is accompanied by an unqualified 23 opinion based upon an audit of the account performed by 24 a certified public accountant licensed in this state. 25 Notwithstanding paragraph “a” , the board shall pay the costs 26 associated with performing the audit out of the district’s 27 moneys. 28 Sec. 2. Section 468.531, Code 2011, is amended to read as 29 follows: 30 468.531 Compensation —— statements required. 31 The compensation of the trustees and the clerk of the board 32 is hereby fixed at forty an amount not to exceed two hundred 33 dollars per day each and necessary expenses, to be paid out 34 of the funds of the drainage or levee district for each day 35 -1- LSB 1870HV (3) 84 da/sc 1/ 2
H.F. 654 necessarily expended in the transaction of the business of the 1 district, but no one shall draw compensation for services as 2 trustee and as clerk at the same time. The board of trustees of 3 a district may by resolution establish for themselves and for 4 the clerk of the district a lower rate of pay than is fixed by 5 this section . They shall file with the auditor or auditors, 6 if more than one county, itemized, verified statements of 7 their time devoted to the business of the district and of the 8 expenses incurred. 9 EXPLANATION 10 GENERAL. This bill provides for the management of a drainage 11 or levee district by a three-member board of trustees elected 12 by landowners who are assessed taxes to pay for district 13 improvements (Code section 468.500). 14 CONTROL OF ASSESSED TAXES. Moneys levied and collected 15 in taxes are deposited in a special county drainage or levee 16 fund controlled by the county treasurer who is authorized to 17 invest such moneys and make disbursements to pay for district 18 expenses (e.g., repairs and improvements) as authorized by the 19 board (Code sections 468.54 and 468.528). The bill allows the 20 board of a district having a pumping station (Code chapter 468, 21 subch. II, pt. 5) to direct the county treasurer to deposit all 22 or any part of such moneys into a checking account established 23 in a financial institution for the board’s use to manage the 24 district. The board must at its own expense employ a certified 25 public accountant to perform an annual audit of the account. 26 INCREASE IN COMPENSATION. The bill increases the amount 27 of compensation paid to a trustee or clerk of the board of 28 trustees from $40 to an amount not to exceed $200 per day (Code 29 section 468.531). 30 -2- LSB 1870HV (3) 84 da/sc 2/ 2