Bill Text: IA SF2203 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the management of drainage or levee districts, by providing for making repairs or constructing improvements within a district. (See SF 2352.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-20 - Committee report approving bill, renumbered as SF 2352. S.J. 378. [SF2203 Detail]
Download: Iowa-2019-SF2203-Introduced.html
Senate
File
2203
-
Introduced
SENATE
FILE
2203
BY
BROWN
A
BILL
FOR
An
Act
relating
to
the
management
of
drainage
or
levee
1
districts,
by
providing
for
making
repairs
or
constructing
2
improvements
within
a
district.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
468.126,
subsection
1,
paragraphs
b,
c,
1
and
d,
Code
2020,
are
amended
to
read
as
follows:
2
b.
(1)
The
board
may
at
any
time
obtain
shall
not
3
order
an
engineer’s
report
be
prepared
and
submitted
to
the
4
board
regarding
a
repair,
unless
the
board
makes
an
initial
5
determination
of
the
repair’s
estimated
cost.
The
board
may
6
adjust
its
initial
determination
at
any
time.
7
(a)
The
board
shall
order
the
report
based
on
an
estimated
8
cost
that
exceeds
three
hundred
fifty
thousand
dollars.
9
(b)
The
board
may
order
the
report
based
on
an
estimated
10
cost
that
exceeds
two
hundred
fifty
thousand
dollars
but
does
11
not
exceed
three
hundred
fifty
thousand
dollars.
12
(c)
The
board
shall
not
order
the
report
based
on
an
13
estimated
cost
that
does
not
exceed
two
hundred
fifty
thousand
14
dollars.
15
(2)
Notwithstanding
subparagraph
(1),
the
board
may
order
16
the
report
prepared
by
a
soil
and
water
conservation
district
17
conservationist
in
lieu
of
an
engineer.
18
(3)
If
a
report
is
ordered,
it
shall
describe
the
most
19
feasible
means
of
repairing
a
drainage
or
levee
improvement
20
and
the
probable
cost
of
making
the
repair.
If
the
engineer
21
advises,
or
the
board
otherwise
concludes
that
permanent
22
restoration
of
a
damaged
structure
is
not
feasible
at
the
23
time,
the
board
may
order
temporary
construction
it
deems
24
necessary
to
the
continued
functioning
of
the
improvement.
If
25
in
maintaining
and
repairing
tile
lines
the
board
finds
from
26
an
engineer’s
report
it
is
more
economical
to
construct
a
new
27
line
than
to
repair
the
existing
line,
the
new
line
may
be
28
considered
to
be
a
repair.
29
c.
(1)
If
the
estimated
cost
of
the
repair
does
not
exceed
30
The
board
shall
hold
a
hearing
regarding
a
repair,
if
the
31
estimated
cost
of
the
repair
exceeds
fifty
thousand
dollars
,
.
32
The
estimated
cost
of
the
repair
shall
be
based
on
the
board’s
33
last
determination,
unless
a
report
is
ordered
pursuant
to
34
paragraph
“b”
.
In
that
case,
the
estimated
cost
shall
be
based
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on
the
estimate
in
the
report.
If
the
estimated
cost
of
the
1
repair
does
not
exceed
fifty
thousand
dollars,
the
board
may
2
order
the
work
done
without
conducting
a
hearing
on
the
matter.
3
Otherwise,
the
4
(2)
The
board
shall
set
a
date
and
time
for
a
hearing
and
5
provide
notice
of
the
hearing
to
landowners
in
the
district
by
6
publication
in
the
same
manner
as
provided
in
section
468.15
.
7
However,
if
the
estimated
cost
of
the
repair
exceeds
the
8
adjusted
competitive
bid
threshold,
the
board
shall
provide
9
notice
to
the
landowners
pursuant
to
sections
468.14
through
10
468.18
.
The
board
shall
not
divide
a
proposed
repair
into
11
separate
programs
in
order
to
avoid
the
notice
and
hearing
12
requirements
of
this
paragraph.
13
d.
If
a
hearing
is
required
under
paragraph
“c”
,
the
board
14
shall
order
an
engineer’s
report
or
a
report
from
the
soil
15
and
water
conservation
district
conservationist
regarding
the
16
matter
to
be
presented
at
the
hearing.
The
board
may
waive
the
17
report
requirement
if
a
prior
report
on
the
repair
exists
and
18
that
report
is
less
than
ten
years
old.
At
the
hearing,
the
19
board
shall
hear
objections
to
the
feasibility
of
making
the
20
proposed
repair.
21
Sec.
2.
Section
468.126,
subsection
4,
paragraphs
b
and
c,
22
Code
2020,
are
amended
to
read
as
follows:
23
b.
(1)
When
the
The
board
shall
not
order
an
improvement
24
be
constructed
unless
the
board
determines
that
an
improvement
25
is
necessary
or
desirable,
and
feasible
,
the
.
The
board
shall
26
not
order
an
engineer’s
report
be
prepared
and
submitted
to
27
the
board
regarding
an
improvement,
unless
the
board
makes
an
28
initial
determination
of
the
improvement’s
estimated
cost.
The
29
board
may
adjust
its
initial
determination
at
any
time.
30
(a)
The
board
shall
order
the
report
based
on
an
estimated
31
cost
that
exceeds
three
hundred
fifty
thousand
dollars.
32
(b)
The
board
may
order
the
report
based
on
an
estimated
33
cost
that
exceeds
two
hundred
fifty
thousand
dollars
but
does
34
not
exceed
three
hundred
fifty
thousand
dollars.
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(c)
The
board
shall
not
order
a
report
based
on
an
estimated
1
cost
that
does
not
exceed
two
hundred
fifty
thousand
dollars.
2
(2)
If
the
board
orders
a
report,
it
shall
appoint
an
3
engineer
to
make
surveys
as
seem
appropriate
to
determine
the
4
nature
and
extent
of
the
improvement,
and
to
file
a
report
5
showing
what
improvement
is
recommended
and
its
estimated
cost,
6
which
report
may
be
amended
before
final
action.
7
c.
If
the
estimated
cost
of
the
improvement
does
not
exceed
8
The
board
shall
hold
a
hearing
regarding
an
improvement,
if
9
the
estimated
cost
of
the
improvement
exceeds
fifty
thousand
10
dollars
,
.
The
estimated
cost
of
the
improvement
shall
be
based
11
on
the
board’s
last
determination,
unless
a
report
is
ordered
12
pursuant
to
paragraph
“b”
.
In
that
case,
the
estimated
cost
13
shall
be
based
on
the
estimate
in
the
report.
If
the
estimated
14
cost
of
the
improvement
does
not
exceed
fifty
thousand
dollars,
15
the
board
may
order
the
work
done
without
conducting
a
hearing
16
on
the
matter.
Otherwise,
the
17
(1)
The
board
shall
set
a
date
and
time
for
a
hearing
on
18
whether
to
construct
the
proposed
improvement
and
whether
there
19
shall
be
a
reclassification
of
benefits
for
the
cost
of
the
20
proposed
improvement.
21
(1)
(a)
The
board
shall
provide
notice
to
landowners
in
22
the
district
by
publication
in
the
same
manner
as
provided
23
in
section
468.15
.
However,
if
the
estimated
cost
of
the
24
improvement
exceeds
the
adjusted
competitive
bid
threshold,
25
the
board
shall
provide
notice
to
the
landowners
pursuant
to
26
sections
468.14
through
468.18
.
27
(b)
Notwithstanding
subparagraph
division
(a),
and
in
lieu
28
of
publishing
the
notice,
the
board
may
mail
a
copy
of
the
29
notice
to
each
address
where
a
landowner
within
the
district
30
resides
by
first
class
mail
if
the
cost
of
mailing
is
less
31
than
publication
of
the
notice.
The
mailing
shall
be
made
32
during
the
time
the
notice
would
otherwise
be
required
to
be
33
published.
34
(2)
The
board
shall
not
divide
proposed
improvements
into
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separate
programs
in
order
to
avoid
compliance
with
this
1
paragraph
“c”
.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
amends
Code
chapter
468
by
providing
for
repairs
6
made
and
improvements
constructed
to
a
drainage
or
levee
7
district
(district)
as
ordered
by
a
board
managing
the
district
8
(board).
The
bill
provides
that
before
ordering
a
report
from
9
a
civil
or
drainage
engineer
or
soil
and
water
conservation
10
district
conservationist
regarding
a
proposed
repair
or
11
ordering
a
report
from
an
engineer
regarding
a
proposed
12
improvement,
the
board
must
make
a
determination
regarding
13
its
estimated
cost.
The
board
is
required
to
order
a
report,
14
is
provided
discretion
to
order
a
report,
or
is
prohibited
15
from
ordering
a
report,
based
on
that
estimate.
The
board’s
16
estimate
is
also
used
to
determine
whether
to
conduct
a
hearing
17
of
landowners
regarding
the
matter.
18
BACKGROUND.
Generally,
there
are
two
types
of
projects
19
authorized
under
Code
chapter
468,
a
repair
which
refers
to
20
restoring
a
facility
to
its
original
design
or
efficiency
21
and
an
improvement
which
enhances
or
enlarges
the
district’s
22
facility.
A
board
determines
whether
to
conduct
a
hearing
23
of
landowners
regarding
a
repair
or
improvement
based
on
the
24
project’s
estimated
cost
as
provided
in
the
report.
A
hearing
25
is
required
if
the
estimated
cost
of
the
repair
or
improvement
26
exceeds
$50,000.
In
that
case,
the
report
is
presented
at
27
the
hearing.
There
are
several
types
of
boards
that
may
have
28
jurisdiction
to
decide
whether
or
not
to
order
a
repair
or
29
improvement,
including
a
board
of
supervisors,
a
joint
board
of
30
supervisors,
or
an
elected
board
of
trustees.
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