Senate File 393 - Introduced SENATE FILE 393 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SSB 1124) A BILL FOR An Act relating to drainage and levee districts by providing 1 for the delivery of a written communication to state and 2 local government. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2055SV (4) 84 da/sc
S.F. 393 Section 1. NEW SECTION . 468.221 Written communication 1 delivered to the state or a local government. 2 1. This section applies whenever a board or county officer 3 acting under this chapter is required to deliver a written 4 communication to a state agency or local government. The 5 written communication includes but is not limited to a notice, 6 service of process, demand, statement, or a report. 7 2. a. If the written communication is to be delivered 8 to a state agency, it may be delivered to the administrative 9 head of the state agency or its governing body. The written 10 communication may also be delivered to a person designated by 11 the administrative head of the state agency or its governing 12 body. The written communication may be delivered to the 13 executive council if the administrative head of the state 14 government or its governing body cannot be determined. 15 b. If the written communication is to be delivered to a 16 local government, it may be delivered to the governing body of 17 the local government. The written communication may also be 18 delivered to a person designated by the governing body. As 19 used in this paragraph, “local government” includes a county, 20 city, township, or any special purpose district or authority. 21 EXPLANATION 22 RECOMMENDATION. This bill is based on a recommendation of 23 the levee and drainage district law study committee which met 24 in 2010. 25 LEVEE AND DRAINAGE DISTRICTS. The bill addresses levee and 26 drainage districts organized under Code chapter 468 and which 27 authorizes the removal of excess precipitation accumulating 28 on land and protecting land from surface water flooding. A 29 district is managed by a “board” which is the county board of 30 supervisors for a district established in one county, the joint 31 boards of supervisors in a district which crosses county lines 32 (intercounty districts), or by the district’s landowners acting 33 through an elected board of trustees (Code section 468.3(2)). 34 DELIVERY OF WRITTEN COMMUNICATION. The bill applies when 35 -1- LSB 2055SV (4) 84 da/sc 1/ 2
S.F. 393 a board or county officer is required to deliver a written 1 communication to a state agency or local government. Under 2 the bill, the written communication may be delivered to the 3 administrative head of the agency or its governing body or to 4 a person designated by the administrative head or governing 5 body or alternatively to the executive council. The bill also 6 provides that written communication may be delivered to the 7 local government’s governing body or to a person designated by 8 the governing body. 9 -2- LSB 2055SV (4) 84 da/sc 2/ 2