Bill Text: IA SF353 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to drainage and levee districts, by providing for notices to interested persons including landowners in the district, and for repairs that require a report by an engineer or soil and water conservation district conservationist. (Formerly SSB 1180.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-03-22 - Signed by Governor. S.J. 666. [SF353 Detail]
Download: Iowa-2021-SF353-Enrolled.html
Senate
File
353
-
Enrolled
Senate
File
353
AN
ACT
RELATING
TO
DRAINAGE
AND
LEVEE
DISTRICTS,
BY
PROVIDING
FOR
NOTICES
TO
INTERESTED
PERSONS
INCLUDING
LANDOWNERS
IN
THE
DISTRICT,
AND
FOR
REPAIRS
THAT
REQUIRE
A
REPORT
BY
AN
ENGINEER
OR
SOIL
AND
WATER
CONSERVATION
DISTRICT
CONSERVATIONIST.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
468.17A
Unofficial
notice
by
electronic
mail.
A
person
entitled
to
receive
a
notice
pursuant
to
section
468.14,
468.16,
or
468.17,
or
a
person
entitled
to
receive
a
notice
under
another
provision
of
this
chapter
by
the
postal
service
or
personal
service,
may
request
that
the
board
responsible
for
providing
such
notice
to
the
person
also
send
an
unofficial
version
of
the
notice
to
the
person’s
electronic
mail
address.
The
board
may
retain
the
electronic
mail
addresses
of
private
persons
for
the
purpose
of
sending
those
persons
electronic
mail
under
this
section
or
any
other
correspondence
if
the
person
consents
to
receiving
that
correspondence
by
electronic
mail.
The
electronic
mail
addresses
retained
by
the
board
are
confidential
records
under
section
22.7.
A
person
is
not
required
to
file
an
electronic
mail
address
with
a
board
and
may
demand
that
the
person’s
electronic
mail
address
be
removed
from
the
record
used
to
send
notices
and
other
correspondence
to
persons
as
described
in
Senate
File
353,
p.
2
this
section.
The
failure
to
notify
a
person
as
required
in
this
section
is
not
a
basis
to
challenge
the
validity
of
the
purpose
of
the
notice
including
a
hearing
or
a
board
action.
Sec.
2.
Section
468.45,
Code
2021,
is
amended
to
read
as
follows:
468.45
Notice
of
hearing.
1.
The
board
shall
fix
a
time
for
a
hearing
upon
the
report
of
the
commissioners,
and
the
auditor
shall
cause
notice
to
be
served
upon
each
person
whose
name
appears
as
owner,
naming
the
person,
and
also
upon
the
person
or
persons
in
actual
occupancy
of
any
tract
of
land
without
naming
the
person
or
persons,
of
the
day
and
hour
of
such
hearing
,
which
.
2.
The
notice
shall
be
for
the
same
time
and
served
in
the
same
manner
as
is
provided
for
the
establishment
of
a
levee
or
drainage
or
levee
district,
and
including
as
provided
in
sections
468.14
through
468.18,
and
shall
state
include
all
of
the
following:
a.
A
statement
of
the
amount
of
the
assessment
of
costs
and
expenses
of
construction
apportioned
to
each
owner
upon
each
forty-acre
tract
or
less
,
and
that
.
However,
the
statement
is
not
required
to
be
published
as
required
in
section
468.15
if
it
is
posted
in
the
office
of
the
county
auditor
and
on
the
county’s
internet
site.
The
county
auditor
shall
provide
a
copy
of
the
statement
upon
request.
b.
A
statement
that
all
objections
thereto
to
the
report
must
be
in
writing
and
filed
with
the
auditor
at
or
before
the
time
set
for
such
the
hearing.
Sec.
3.
Section
468.126,
subsection
1,
paragraph
d,
Code
2021,
is
amended
to
read
as
follows:
d.
If
a
hearing
is
required
under
Notwithstanding
paragraph
“c”
“b”
,
if
the
estimated
cost
of
the
repair
exceeds
fifty
thousand
dollars
or
the
adjusted
competitive
bid
threshold,
whichever
is
more,
the
board
shall
order
an
engineer’s
report
or
a
report
from
the
soil
and
water
conservation
district
conservationist
regarding
the
matter
to
which
shall
be
presented
at
the
hearing
provided
in
paragraph
“c”
.
The
board
may
waive
the
report
requirement
if
a
prior
report
on
the
repair
exists
and
that
report
is
less
than
ten
years
old.
At
Senate
File
353,
p.
3
the
hearing,
the
board
shall
hear
objections
to
the
feasibility
of
making
the
proposed
repair.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
353,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
