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

Statutes affected:
Introduced: 468.45, 468.14
Reprinted: 468.45, 468.14
Enrolled: 468.45, 468.14