Senate
File
353
-
Reprinted
SENATE
FILE
353
BY
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
(SUCCESSOR
TO
SSB
1180)
(COMPANION
TO
HF
461
BY
MAXWELL)
(As
Amended
and
Passed
by
the
Senate
February
23,
2021
)
A
BILL
FOR
An
Act
relating
to
drainage
and
levee
districts,
by
providing
1
for
notices
to
interested
persons
including
landowners
2
in
the
district,
and
for
repairs
that
require
a
report
3
by
an
engineer
or
soil
and
water
conservation
district
4
conservationist.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
SF
353
(3)
89
da/ns/mb
S.F.
353
Section
1.
NEW
SECTION
.
468.17A
Unofficial
notice
by
1
electronic
mail.
2
A
person
entitled
to
receive
a
notice
pursuant
to
section
3
468.14,
468.16,
or
468.17,
or
a
person
entitled
to
receive
4
a
notice
under
another
provision
of
this
chapter
by
the
5
postal
service
or
personal
service,
may
request
that
the
6
board
responsible
for
providing
such
notice
to
the
person
7
also
send
an
unofficial
version
of
the
notice
to
the
person’s
8
electronic
mail
address.
The
board
may
retain
the
electronic
9
mail
addresses
of
private
persons
for
the
purpose
of
sending
10
those
persons
electronic
mail
under
this
section
or
any
11
other
correspondence
if
the
person
consents
to
receiving
12
that
correspondence
by
electronic
mail.
The
electronic
mail
13
addresses
retained
by
the
board
are
confidential
records
under
14
section
22.7.
A
person
is
not
required
to
file
an
electronic
15
mail
address
with
a
board
and
may
demand
that
the
person’s
16
electronic
mail
address
be
removed
from
the
record
used
to
send
17
notices
and
other
correspondence
to
persons
as
described
in
18
this
section.
The
failure
to
notify
a
person
as
required
in
19
this
section
is
not
a
basis
to
challenge
the
validity
of
the
20
purpose
of
the
notice
including
a
hearing
or
a
board
action.
21
Sec.
2.
Section
468.45,
Code
2021,
is
amended
to
read
as
22
follows:
23
468.45
Notice
of
hearing.
24
1.
The
board
shall
fix
a
time
for
a
hearing
upon
the
report
25
of
the
commissioners,
and
the
auditor
shall
cause
notice
to
be
26
served
upon
each
person
whose
name
appears
as
owner,
naming
the
27
person,
and
also
upon
the
person
or
persons
in
actual
occupancy
28
of
any
tract
of
land
without
naming
the
person
or
persons,
of
29
the
day
and
hour
of
such
hearing
,
which
.
30
2.
The
notice
shall
be
for
the
same
time
and
served
in
the
31
same
manner
as
is
provided
for
the
establishment
of
a
levee
32
or
drainage
or
levee
district,
and
including
as
provided
in
33
sections
468.14
through
468.18,
and
shall
state
include
all
of
34
the
following:
35
-1-
SF
353
(3)
89
da/ns/mb
1/
2
S.F.
353
a.
A
statement
of
the
amount
of
the
assessment
of
costs
and
1
expenses
of
construction
apportioned
to
each
owner
upon
each
2
forty-acre
tract
or
less
,
and
that
.
However,
the
statement
is
3
not
required
to
be
published
as
required
in
section
468.15
if
4
it
is
posted
in
the
office
of
the
county
auditor
and
on
the
5
county’s
internet
site.
The
county
auditor
shall
provide
a
6
copy
of
the
statement
upon
request.
7
b.
A
statement
that
all
objections
thereto
to
the
report
8
must
be
in
writing
and
filed
with
the
auditor
at
or
before
the
9
time
set
for
such
the
hearing.
10
Sec.
3.
Section
468.126,
subsection
1,
paragraph
d,
Code
11
2021,
is
amended
to
read
as
follows:
12
d.
If
a
hearing
is
required
under
Notwithstanding
paragraph
13
“c”
“b”
,
if
the
estimated
cost
of
the
repair
exceeds
fifty
14
thousand
dollars
or
the
adjusted
competitive
bid
threshold,
15
whichever
is
more,
the
board
shall
order
an
engineer’s
report
16
or
a
report
from
the
soil
and
water
conservation
district
17
conservationist
regarding
the
matter
to
which
shall
be
18
presented
at
the
hearing
provided
in
paragraph
“c”
.
The
board
19
may
waive
the
report
requirement
if
a
prior
report
on
the
20
repair
exists
and
that
report
is
less
than
ten
years
old.
At
21
the
hearing,
the
board
shall
hear
objections
to
the
feasibility
22
of
making
the
proposed
repair.
23
-2-
SF
353
(3)
89
da/ns/mb
2/
2