SENATE FILE _____

BY  (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WILHELM)

A BILL FOR

An Act relating to drainage and levee districts by providing for the delivery of a written communication to state and local government.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  468.221  Written communication delivered to the state or a local government.
   1.  This section applies whenever a board or county officer acting under this chapter is required to deliver a written communication to a state agency or local government. The written communication includes but is not limited to a notice, service of process, demand, statement, or a report.
   2.  The board or county officer may deliver the written communication to any of the following:
   a.  For delivery to a state agency, to the administrative head of the state agency or its governing body. The written communication may also be delivered to a person designated by the administrative head of the state agency or its governing body. The written communication may be delivered to the executive council if the administrative head of the state government or its governing body cannot be determined.
   b.  For delivery to a local government, to the governing body of the local government. The written communication may also be delivered to a person designated by the governing body. As used in this paragraph,“local government” includes a county, city, township, or any special purpose district or authority.
EXPLANATION
   RECOMMENDATION. This bill is based on a recommendation of the levee and drainage district law study committee which met in 2010.
   LEVEE AND DRAINAGE DISTRICTS. The bill addresses levee and drainage districts organized under Code chapter 468 and which authorizes the removal of excess precipitation accumulating on land and protecting land from surface water flooding. A district is managed by a “board” which is the county board of supervisors for a district established in one county, the joint boards of supervisors in a district which crosses county lines (intercounty districts), or by the district’s landowners acting through an elected board of trustees (Code section 468.3(2)).
   DELIVERY OF WRITTEN COMMUNICATION. The bill applies when a board or county officer is required to deliver a written communication to a state agency or local government. Under the bill, the written communication may be delivered to the administrative head of the agency or its governing body or to a person designated by the administrative head or governing body or alternatively to the executive council. The bill also provides that written communication may be delivered to the local government’s governing body or to a person designated by the governing body.