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Senate
File
2431
-
Introduced
SENATE
FILE
2431
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
SSB
3009)
A
BILL
FOR
An
Act
relating
to
the
appointment
and
duties
of
township
1
officers
and
township
budgets,
and
including
effective
date
2
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
12C.4,
Code
2026,
is
amended
to
read
as
1
follows:
2
12C.4
Location
of
depositories.
3
Deposits
by
the
treasurer
of
state
shall
be
in
depositories
4
located
in
this
state;
by
a
county
officer
or
county
5
public
hospital
officer
or
merged
area
hospital
officer,
6
in
depositories
located
in
the
county
or
in
an
adjoining
7
county
within
this
state;
by
a
memorial
hospital
treasurer,
8
in
a
depository
located
within
this
state
,
which
shall
be
9
selected
by
the
memorial
hospital
treasurer
and
approved
by
10
the
memorial
hospital
commission;
by
a
city
treasurer
or
11
other
city
financial
officer,
in
depositories
located
in
the
12
county
in
which
the
city
is
located
or
in
an
adjoining
county,
13
but
if
there
is
no
depository
in
the
county
in
which
the
14
city
is
located
or
in
an
adjoining
county
then
in
any
other
15
depository
located
in
this
state
,
which
shall
be
selected
as
16
a
depository
by
the
city
council;
by
a
school
treasurer
or
by
17
a
school
secretary
in
a
depository
within
this
state
,
which
18
shall
be
selected
by
the
board
of
directors
or
the
trustees
19
of
the
school
district;
by
a
township
clerk
secretary
in
a
20
depository
located
within
this
state
which
shall
be
selected
by
21
the
township
clerk
secretary
and
approved
by
the
trustees
of
22
the
township.
However,
deposits
may
be
made
in
depositories
23
outside
of
Iowa
for
the
purpose
of
paying
principal
and
24
interest
on
bonded
indebtedness
of
any
municipality
when
the
25
deposit
is
made
not
more
than
ten
days
before
the
date
the
26
principal
or
interest
becomes
due.
Further,
the
treasurer
27
of
state
may
maintain
an
account
or
accounts
outside
the
28
state
of
Iowa
for
the
purpose
of
providing
custodial
services
29
for
the
state
and
state
retirement
fund
accounts.
Deposits
30
made
for
the
purpose
of
completing
an
electronic
financial
31
transaction
pursuant
to
section
8.89
or
331.427
may
be
made
in
32
any
depository
located
in
this
state.
33
Sec.
2.
Section
39.3,
subsection
7,
Code
2026,
is
amended
34
to
read
as
follows:
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7.
“General
election”
means
the
biennial
election
for
1
national
or
state
officers,
members
of
Congress
and
of
the
2
general
assembly,
county
and
township
officers,
and
for
the
3
choice
of
other
officers
or
the
decision
of
questions
as
4
provided
by
law.
5
Sec.
3.
Section
39.21,
subsection
4,
Code
2026,
is
amended
6
by
striking
the
subsection.
7
Sec.
4.
Section
39.27,
Code
2026,
is
amended
to
read
as
8
follows:
9
39.27
Qualifications
for
public
office.
10
Any
person
elected
to
an
office
under
the
laws
of
this
state
11
shall
be
an
eligible
elector.
At
the
time
an
elected
official
12
takes
office
the
official
shall
be
a
resident
of
the
state,
13
district,
county,
township,
city,
or
ward
by
or
for
which
the
14
person
was
elected,
or
in
which
the
duties
of
the
office
are
15
to
be
exercised.
An
elected
official
shall
continue
to
be
a
16
resident
of
the
state,
district,
county,
township,
city,
or
17
ward
by
or
for
which
the
person
was
elected,
or
in
which
the
18
duties
of
the
office
are
to
be
exercised
for
the
duration
of
19
the
term
of
office.
This
section
shall
not
apply
to
United
20
States
senators
or
representatives
in
Congress
or
to
members
21
of
the
general
assembly.
22
Sec.
5.
Section
49.41,
subsection
2,
paragraph
b,
Code
2026,
23
is
amended
to
read
as
follows:
24
b.
When
the
state
commissioner
receives
notice
from
the
25
county
commissioner
that
a
candidate
for
a
state
or
federal
26
office
has
also
been
nominated
for
a
county
or
township
office,
27
the
state
commissioner
shall
amend
the
certificate
issued
28
pursuant
to
section
43.73
and
notify
the
commissioners
of
any
29
other
counties
to
whom
the
candidate’s
name
was
originally
30
certified
and
instruct
them
to
remove
the
candidate’s
name
from
31
the
ballot
in
those
counties.
32
Sec.
6.
Section
49.41,
subsection
4,
Code
2026,
is
amended
33
by
striking
the
subsection.
34
Sec.
7.
Section
50.7,
Code
2026,
is
amended
to
read
as
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follows:
1
50.7
Error
on
county
office
——
township
office
.
2
If,
in
case
of
such
excess,
the
vote
of
the
precinct
where
3
the
error
occurred
would
change
the
result
as
to
a
county
4
office
if
the
person
appearing
to
be
elected
were
deprived
of
5
so
many
votes,
then
the
election
shall
be
set
aside
as
to
that
6
person
in
that
precinct,
and
a
new
election
ordered
therein;
7
but
no
person
who
was
not
a
registered
voter
in
that
precinct
8
at
the
time
of
the
general
election
shall
be
allowed
to
vote
at
9
such
special
election.
If
the
error
occurs
in
relation
to
an
10
office
of
a
city,
school
district,
township,
or
of
any
special
11
district
whose
elections
may
be
conducted
under
this
chapter
,
12
the
governing
body
of
the
political
subdivision
involved
may
13
order
a
new
election
or
not,
in
their
discretion.
14
Sec.
8.
Section
63A.2,
subsection
4,
Code
2026,
is
amended
15
to
read
as
follows:
16
4.
Mayors
and
clerks
of
cities,
precinct
election
17
officials,
township
clerks,
assessors,
and
surveyors.
18
Sec.
9.
Section
64.2,
subsection
1,
Code
2026,
is
amended
19
to
read
as
follows:
20
1.
All
other
public
officers,
except
as
otherwise
specially
21
provided,
shall
give
bond
with
the
conditions,
in
substance,
22
as
follows:
23
That
as
............
(naming
the
office),
in
........
24
(city,
township,
county,
or
state
of
Iowa),
the
officer
will
25
render
a
true
account
of
the
office
and
of
the
officer’s
doings
26
therein
to
the
proper
authority,
when
required
thereby
or
by
27
law;
that
the
officer
will
promptly
pay
over
to
the
officer
28
or
person
entitled
thereto
all
moneys
which
may
come
into
the
29
officer’s
hands
by
virtue
of
the
office;
that
the
officer
will
30
promptly
account
for
all
balances
of
money
remaining
in
the
31
officer’s
hands
at
the
termination
of
the
office;
that
the
32
officer
will
exercise
all
reasonable
diligence
and
care
in
the
33
preservation
and
lawful
disposal
of
all
money,
books,
papers,
34
securities,
or
other
property
appertaining
to
that
office,
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and
deliver
them
to
the
officer’s
successor,
or
to
any
other
1
person
authorized
to
receive
the
same;
and
that
the
officer
2
will
faithfully
and
impartially,
without
fear,
favor,
fraud,
or
3
oppression,
discharge
all
duties
now
or
hereafter
required
of
4
the
office
by
law.
5
Sec.
10.
Section
64.3,
subsection
3,
Code
2026,
is
amended
6
to
read
as
follows:
7
3.
The
reasonable
expenses
of
an
insurance
policy
obtained
8
pursuant
to
this
section
in
lieu
of
a
bond,
for
which
the
9
reasonable
expenses
of
such
bond
would
be
paid
for
by
the
10
county
or
township
pursuant
to
section
64.11
,
64.12
,
or
64.15
,
11
shall
be
paid
by
the
county
or
township,
as
applicable
.
12
Sec.
11.
Section
64.19,
subsection
2,
Code
2026,
is
amended
13
to
read
as
follows:
14
2.
By
the
board
of
supervisors,
in
case
of
county
officers
,
15
township
clerks,
and
assessors.
16
Sec.
12.
Section
64.19,
subsection
4,
Code
2026,
is
amended
17
by
striking
the
subsection.
18
Sec.
13.
Section
64.23,
subsection
3,
Code
2026,
is
amended
19
to
read
as
follows:
20
3.
For
county
and
township
officers,
except
those
of
the
21
county
auditor,
with
the
county
auditor.
22
Sec.
14.
Section
64.24,
subsection
1,
paragraph
a,
23
subparagraph
(2),
Code
2026,
is
amended
to
read
as
follows:
24
(2)
In
the
record
kept
by
the
county
auditor,
the
official
25
bonds
of
all
county
officers,
elective
or
appointive
,
and
26
township
clerks
.
27
Sec.
15.
Section
65.3,
Code
2026,
is
amended
to
read
as
28
follows:
29
65.3
Effect.
30
If
a
requisition
made
under
either
section
65.1A
or
section
31
65.2
be
is
complied
with,
both
the
old
and
the
new
security
32
shall
be
in
force;
if
not,
the
office
shall
become
and
be
33
declared
vacant,
and
the
fact
shall
be
certified
to
the
proper
34
officer
,
to
be
recorded
in
the
election
book
or
township
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record
.
1
Sec.
16.
Section
66.19,
Code
2026,
is
amended
to
read
as
2
follows:
3
66.19
Temporary
officer.
4
Upon
a
suspension,
the
board
or
person
authorized
to
fill
5
a
vacancy
in
the
office
shall
temporarily
fill
the
office
6
by
appointment.
In
case
of
a
suspension
of
a
sheriff,
7
the
district
court
may
designate
an
acting
sheriff
until
a
8
temporary
sheriff
is
appointed.
Orders
of
suspension
and
9
temporary
appointment
of
county
and
township
officers
trustees
10
shall
be
certified
to
the
county
auditor
for
entry
in
the
11
election
book;
those
of
city
officers,
certified
to
the
clerk
12
and
entered
upon
the
records;
in
case
of
other
officers,
to
the
13
person
or
body
making
the
original
appointment.
14
Sec.
17.
Section
69.8,
subsection
5,
Code
2026,
is
amended
15
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
16
following:
17
5.
Appointed
township
trustees.
When
a
vacancy
occurs
in
18
the
office
of
township
trustee,
the
vacancy
shall
be
filled
by
19
appointment
by
the
board
of
supervisors
pursuant
to
section
20
359.11.
21
Sec.
18.
Section
97B.1A,
subsection
8,
paragraph
a,
22
subparagraph
(1),
Code
2026,
is
amended
to
read
as
follows:
23
(1)
Elective
officials
in
positions
for
which
the
24
compensation
is
on
a
fee
basis,
elective
officials
of
school
25
districts,
elective
officials
of
townships,
and
elective
26
officials
of
other
political
subdivisions
who
are
in
part-time
27
positions.
An
elective
official
covered
under
this
section
28
may
terminate
membership
under
this
chapter
by
informing
the
29
system
in
writing
of
the
expiration
of
the
member’s
term
of
30
office
or
by
informing
the
system
of
the
member’s
intent
to
31
terminate
membership
for
employment
as
an
elective
official
and
32
establishing
that
the
member
has
a
bona
fide
termination
of
33
employment
from
all
employment
covered
under
this
chapter
other
34
than
as
an
elective
official
and
that
the
member
has
filed
a
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completed
application
for
benefits
form
with
the
system.
A
1
county
attorney
is
an
employee
for
purposes
of
this
chapter
2
whether
that
county
attorney
is
employed
on
a
full-time
or
3
part-time
basis.
4
Sec.
19.
Section
97C.2,
subsection
1,
Code
2026,
is
amended
5
to
read
as
follows:
6
1.
The
term
“employee”
includes
elective
and
appointive
7
officials
of
the
state
or
any
political
subdivision
thereof,
8
except
elective
officials
in
positions,
the
compensation
9
for
which
is
on
a
fee
basis,
elective
officials
of
school
10
districts,
elective
officials
of
townships,
and
elective
11
officials
of
other
political
subdivisions
who
are
in
part-time
12
positions.
However,
a
member
of
a
county
board
of
supervisors
13
or
a
county
attorney
shall
not
be
deemed
to
be
an
elective
14
official
in
a
part-time
position,
but
every
member
of
a
county
15
board
of
supervisors
and
every
county
attorney
shall
be
deemed
16
to
be
an
employee
under
this
chapter
and
is
eligible
to
receive
17
the
benefits
provided
by
this
chapter
to
which
the
member
may
18
be
entitled
as
an
employee.
19
Sec.
20.
Section
101.8,
Code
2026,
is
amended
to
read
as
20
follows:
21
101.8
Assistance
by
local
officials.
22
The
chief
fire
prevention
officer
of
every
city
or
village
23
having
an
established
fire
prevention
department,
the
chief
of
24
the
fire
department
of
every
other
city
or
village
in
which
25
a
fire
department
is
established,
the
mayor
of
every
city
in
26
which
no
fire
department
exists,
the
township
clerk
secretary
27
of
every
township
outside
the
limits
of
any
city
or
village
,
28
and
all
other
local
officials
upon
whom
fire
prevention
duties
29
are
imposed
by
law
shall
assist
the
director
in
the
enforcement
30
of
the
rules.
31
Sec.
21.
Section
165.35,
Code
2026,
is
amended
to
read
as
32
follows:
33
165.35
Township
County
animal
board
of
health.
34
The
township
trustees
in
such
fence
viewers
appointed
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pursuant
to
section
359A.2A
in
each
county
are
hereby
1
constituted
the
animal
board
of
health
in
their
respective
2
townships
counties
and
they
shall
by
April
1
of
each
year
,
and
3
at
such
other
times
as
they
shall
deem
advisable,
make
a
survey
4
and
report
to
the
department
all
breeding
cattle
brought
from
5
outside
of
the
county
into
each
township
in
their
respective
6
townships
from
outside
of
the
county
counties
.
7
Sec.
22.
Section
169C.6,
subsection
3,
Code
2026,
is
amended
8
to
read
as
follows:
9
3.
If
the
fence
is
not
erected
or
maintained
as
required
10
in
section
359A.6
,
and
upon
the
written
request
of
the
board
11
of
township
trustees,
the
board
of
supervisors
of
the
county
12
where
the
fence
is
to
be
erected
or
maintained
shall
act
in
the
13
same
manner
as
the
board
of
township
trustees
fence
viewers
14
under
that
section,
including
by
erecting
or
maintaining
the
15
fence,
ordering
payment
from
a
defaulted
party,
and
certifying
16
an
amount
due
to
the
county
treasurer
in
the
same
manner
as
in
17
section
359A.6
.
The
amount
due
shall
include
the
total
costs
18
required
to
erect
or
maintain
the
fence
and
a
penalty
equal
to
19
five
percent
of
the
total
costs.
The
amount
shall
be
placed
20
upon
the
county
system
and
collected
in
the
same
manner
as
21
ordinary
taxes.
Upon
certification
to
the
county
treasurer,
22
the
amount
assessed
shall
be
a
lien
on
the
parcel
until
paid.
23
Sec.
23.
Section
327G.4,
subsection
1,
paragraph
e,
Code
24
2026,
is
amended
to
read
as
follows:
25
e.
Any
other
type
which
that
the
fence
viewers
of
any
26
township
the
county
through
which
it
the
fence
passes
may
27
determine
as
efficient
as
any
of
the
above
types.
28
Sec.
24.
Section
331.248,
subsection
4,
paragraph
a,
29
subparagraph
(5),
Code
2026,
is
amended
to
read
as
follows:
30
(5)
Provide
for
a
method
for
the
governing
body
or
another
31
office
to
exercise
the
powers
and
duties
of
the
township
32
trustees,
in
lieu
of
their
election
or
appointment.
33
Sec.
25.
Section
331.322,
subsection
14,
Code
2026,
is
34
amended
to
read
as
follows:
35
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14.
Establish
and
pay
compensation
of
township
trustees
1
and
township
clerk
,
as
provided
in
sections
section
359.46
and
2
359.47
.
3
Sec.
26.
Section
331.324,
subsection
1,
paragraph
o,
Code
4
2026,
is
amended
to
read
as
follows:
5
o.
Fix
the
compensation
for
services
of
county
officers
and
6
township
officers
trustees
and
employees
if
not
otherwise
fixed
7
by
state
law.
8
Sec.
27.
Section
331.502,
subsection
5,
Code
2026,
is
9
amended
to
read
as
follows:
10
5.
Have
custody
of
the
official
bonds
of
county
and
township
11
officers
as
provided
in
section
64.23
.
12
Sec.
28.
Section
331.505,
subsection
6,
Code
2026,
is
13
amended
to
read
as
follows:
14
6.
Record
the
orders
of
suspension
and
temporary
15
appointment
of
county
officers
and
township
officers
trustees
16
as
provided
in
section
66.19
.
17
Sec.
29.
Section
331.512,
subsection
1,
paragraph
i,
Code
18
2026,
is
amended
to
read
as
follows:
19
i.
The
levy
of
taxes
certified
by
the
board
of
trustees
of
a
20
township
as
provided
in
chapters
chapter
359
and
360
.
21
Sec.
30.
Section
331.756,
subsection
7,
Code
2026,
is
22
amended
to
read
as
follows:
23
7.
Give
advice
or
a
written
opinion,
without
compensation,
24
to
the
board
and
other
county
officers
and
to
township
officers
25
trustees
,
when
requested
by
an
officer
or
trustee
,
upon
any
26
matters
in
which
the
state,
county,
or
township
is
interested,
27
or
relating
to
the
duty
of
the
officer
or
trustee
in
any
28
matters
in
which
the
state,
county,
or
township
may
have
an
29
interest,
but
the
county
attorney
shall
not
appear
before
30
the
board
at
a
hearing
in
which
the
state
or
county
is
not
31
interested.
32
Sec.
31.
Section
331.901,
subsection
5,
Code
2026,
is
33
amended
to
read
as
follows:
34
5.
A
county
or
township
officer
or
township
trustee,
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or
a
county
or
township
employee
,
shall
not
appropriate,
1
give,
or
loan
public
funds
to
or
in
favor
of
an
institution,
2
school,
association,
or
object
that
is
under
ecclesiastical
or
3
sectarian
management
or
control
unless
the
public
funds
are
to
4
be
utilized
for
a
project
or
program
that
benefits
the
public
5
and
does
not
require
any
religious
or
sectarian
services,
6
educational
programs,
or
participation
requirements.
7
Sec.
32.
Section
359.11,
Code
2026,
is
amended
by
striking
8
the
section
and
inserting
in
lieu
thereof
the
following:
9
359.11
Trustees
to
be
appointed.
10
1.
On
January
1,
2027,
the
board
of
supervisors
shall
11
appoint
three
registered
voters
of
each
township
to
serve
on
12
the
board
of
trustees
in
each
township.
The
initial
terms
of
13
the
board
of
trustees
shall
be
staggered.
One
appointee
under
14
this
subsection
shall
serve
a
term
of
one
year,
one
appointee
15
under
this
subsection
shall
serve
a
term
of
two
years,
and
one
16
appointee
under
this
subsection
shall
serve
a
term
of
three
17
years.
This
subsection
is
repealed
January
1,
2031.
18
2.
A
board
of
trustees
in
each
township
shall
consist
of
19
three
registered
voters
of
the
township
appointed
by
the
board
20
of
supervisors
to
serve
three-year
terms
staggered
so
that
one
21
term
expires
on
January
1
of
each
year.
Upon
the
expiration
of
22
the
term
of
an
appointee
to
the
board
of
trustees,
the
board
of
23
supervisors
shall
appoint
a
registered
voter
of
the
township
to
24
serve
a
term
of
three
years
beginning
January
1.
The
board
of
25
supervisors
may
remove
an
appointee
at
any
time
for
neglect
of
26
duty
or
maladministration.
A
vacancy
on
the
board
of
trustees
27
shall
be
filled
for
the
unexpired
portion
of
the
regular
term
28
in
the
same
manner
as
regular
appointments
are
made.
29
Sec.
33.
Section
359.17,
subsection
1,
Code
2026,
is
amended
30
to
read
as
follows:
31
1.
The
board
of
township
trustees
in
each
township
shall
32
consist
of
three
registered
voters
of
the
township
to
be
33
appointed
as
provided
in
section
359.11
.
However,
in
townships
34
with
a
taxable
valuation
for
property
tax
purposes
of
two
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hundred
fifty
million
dollars
or
more,
the
board
of
township
1
trustees
shall
consist
of
five
registered
voters
of
the
2
township.
The
trustees
shall
act
as
fence
viewers
as
provided
3
in
chapter
359A
and
shall
perform
other
duties
assigned
to
them
4
by
law.
The
board
of
trustees
shall
meet
not
less
than
two
5
times
a
year.
At
least
one
of
the
meetings
shall
be
scheduled
6
to
meet
the
requirements
of
section
359.49
.
7
Sec.
34.
Section
359.20,
Code
2026,
is
amended
to
read
as
8
follows:
9
359.20
Clerk
Secretary
to
keep
record.
10
1.
At
the
first
meeting
of
the
calendar
year,
the
trustees
11
shall
select
one
trustee
to
serve
as
a
secretary
for
the
12
calendar
year.
The
township
clerk
secretary
shall
keep
a
13
record
of
all
the
proceedings
and
orders
of
the
trustees,
and
14
of
all
acts
done
by
the
township
clerk
secretary
,
including
15
the
filing
of
certificates
of
official
oaths
having
been
taken
16
before
other
officers,
and
perform
such
other
acts
as
may
be
17
required
by
law.
18
2.
Township
records
and
documents,
or
accurate
19
reproductions,
shall
be
kept
by
the
township
clerk
board
of
20
trustees
for
at
least
five
years
except
that:
21
a.
Resolutions,
board
proceedings,
records
and
documents,
22
or
accurate
reproductions,
relating
to
the
issuance
of
public
23
bonds
or
obligations
shall
be
kept
for
at
least
eleven
years
24
following
the
final
maturity
of
the
bonds
or
obligations.
25
Thereafter,
such
records,
documents,
and
reproductions
may
be
26
destroyed,
preserving
confidentiality
as
necessary.
27
b.
Resolutions,
board
proceedings,
records,
and
documents,
28
or
accurate
reproductions,
relating
to
real
property
29
transactions
shall
be
maintained
permanently.
30
Sec.
35.
Section
359.21,
Code
2026,
is
amended
to
read
as
31
follows:
32
359.21
Receipt
and
custody
of
funds.
33
1.
Each
township
clerk
secretary
shall
receive,
collect,
34
and
disburse,
under
the
orders
of
the
township
trustees,
all
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funds
belonging
to
the
township,
including
the
cemetery
fund.
1
A
claim
shall
not
be
paid
until
it
has
been
audited
by
the
2
trustees.
3
2.
Before
the
fifteenth
day
of
each
month,
the
county
4
treasurer
shall
notify
the
chairperson
of
the
board
of
trustees
5
of
the
amount
collected
for
each
fund
to
the
first
day
of
that
6
month
and
shall
pay
that
amount
to
the
clerk
secretary
as
7
provided
in
section
331.552,
subsection
29
.
8
Sec.
36.
Section
359.23,
subsection
1,
Code
2026,
is
amended
9
to
read
as
follows:
10
1.
Each
township
clerk
secretary
shall
prepare,
on
or
before
11
September
30
of
each
year,
a
statement
in
writing
,
showing
all
12
receipts
of
money
and
disbursements
in
the
clerk’s
office
by
13
the
secretary
for
each
separate
tax
levy
authorized
by
law
for
14
the
preceding
fiscal
year,
showing
the
current
public
debt
of
15
the
township,
and
showing
the
balance
as
of
June
30
of
all
16
separate
reserve
accounts
held
by
the
township,
which
shall
17
be
certified
as
correct
by
the
trustees
of
the
township.
The
18
statement
shall
be
in
a
form
prescribed
by
the
county
finance
19
committee
in
consultation
with
the
department
of
management.
20
Each
township
clerk
secretary
shall
send
a
copy
of
this
written
21
statement
to
the
county
auditor
no
later
than
seven
days
after
22
the
statement
is
certified
by
the
trustees.
The
county
auditor
23
shall
post
the
statement
or
a
summary
of
the
statement
in
a
24
prominent
place
in
the
building
where
the
auditor’s
office
is
25
located.
The
county
treasurer
shall
withhold
disbursement
of
26
township
taxes
until
the
statement
is
filed
with
the
county
27
auditor.
The
county
auditor
shall
notify
the
county
treasurer
28
if
taxes
are
to
be
withheld.
29
Sec.
37.
Section
359.24,
Code
2026,
is
amended
to
read
as
30
follows:
31
359.24
Clerk
and
Board
of
trustees
abolished.
32
Where
a
city
constitutes
one
or
more
civil
townships
the
33
boundary
lines
of
which
coincide
throughout
with
the
boundary
34
lines
of
the
city,
the
offices
of
township
clerk
and
trustee
35
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are
board
of
trustees
is
abolished.
1
Sec.
38.
Section
359.25,
Code
2026,
is
amended
to
read
as
2
follows:
3
359.25
Clerk
and
council
to
act.
4
The
duties
required
by
law
of
the
township
clerk
secretary
in
5
cities
described
in
section
359.24
shall
be
performed
by
the
6
city
clerk,
and
those
required
of
the
board
of
trustees
shall
7
be
performed
by
the
city
council.
8
Sec.
39.
Section
359.26,
Code
2026,
is
amended
to
read
as
9
follows:
10
359.26
Transfer
of
funds.
11
The
moneys
and
assets
belonging
to
each
civil
township
12
described
in
section
359.24
shall
become
the
moneys
and
assets
13
of
the
city
in
which
the
civil
township
is
situated.
The
14
township
clerks
secretary
shall
turn
such
moneys
and
assets
15
over
to
the
city
treasurer
or
clerk,
to
be
disbursed
by
the
16
city
in
the
same
manner
and
for
the
same
purposes
as
required
17
by
law
for
the
disposition
of
township
funds.
The
city
18
shall
assume
all
liabilities
of
a
civil
township
to
which
the
19
provisions
of
this
section
apply.
20
Sec.
40.
Section
359.27,
Code
2026,
is
amended
to
read
as
21
follows:
22
359.27
Payment
of
funds.
23
County
treasurers
are
hereby
authorized
to
pay
over
to
the
24
treasurers
or
clerks
of
cities
which
come
under
the
provisions
25
of
sections
359.24
,
359.25
,
and
359.26
all
funds
which
that
26
would
otherwise
be
paid
over
to
the
township
clerks
secretaries
27
of
such
townships.
28
Sec.
41.
Section
359.40,
Code
2026,
is
amended
to
read
as
29
follows:
30
359.40
Cemeteries
——
plats
——
records.
31
Where
there
is
located
in
any
township
one
or
more
32
cemeteries,
the
owner
of
the
same,
or
any
party
owning
an
33
interest
therein,
may
cause
the
same
to
be
surveyed,
platted,
34
and
laid
out
into
subdivisions
and
lots,
numbering
the
same
by
35
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progressive
numbers,
giving
the
length
and
breadth,
also
the
1
location
with
reference
to
known
or
permanent
monuments
to
be
2
made.
The
plat
shall
accurately
describe
all
the
subdivisions
3
of
the
tract
of
land
used,
or
designed
to
be
used
as
a
cemetery,
4
and
shall
be
recorded
in
the
office
of
the
county
recorder,
and
5
filed
with
and
recorded
by
the
township
clerk
secretary
,
and
6
preserved
by
the
township
clerk
among
the
records
of
the
office
7
board
of
township
trustees
.
8
Sec.
42.
Section
359.43,
subsection
5,
Code
2026,
is
amended
9
to
read
as
follows:
10
5.
Township
taxes
collected
and
disbursed
by
the
county
11
shall
be
apportioned
by
the
clerk
secretary
and
paid
into
the
12
separate
accounts
of
the
tax
districts
no
later
than
May
31
and
13
November
30
of
each
year.
14
Sec.
43.
Section
359.49,
Code
2026,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
1A.
Prior
to
adoption
and
certification
17
of
the
budget
proposed
pursuant
to
this
section,
the
board
18
of
trustees
shall
provide
the
proposed
budget
to
the
board
19
of
supervisors.
The
board
of
supervisors
shall
have
the
20
option
to
approve
or
reject
the
proposed
budget.
The
board
of
21
supervisors
shall
approve
or
reject
the
proposed
budget
with
22
recommended
changes
in
a
timely
manner
so
as
to
not
delay
the
23
duties
of
the
board
of
trustees
to
adopt
a
budget
and
certify
24
taxes
by
the
deadlines
provided
in
this
section.
25
Sec.
44.
Section
359.49,
subsections
3,
5,
and
7,
Code
2026,
26
are
amended
to
read
as
follows:
27
3.
Not
less
than
ten
days
before
the
date
set
for
the
28
regular
meeting
of
the
board
at
which
objections
and
arguments
29
on
the
budget
will
be
heard,
the
clerk
secretary
shall
make
30
available
a
sufficient
number
of
copies
of
the
detailed
budget
31
to
meet
the
requests
of
taxpayers
and
organizations.
32
5.
The
board
of
trustees
shall
set
a
time
and
place
for
33
a
regular
meeting
before
final
certification
of
the
budget,
34
which
meeting
shall
provide
time
for
comments
and
objections
35
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to
be
heard
on
the
proposed
budget.
The
meeting
shall
be
held
1
no
less
than
ten
days
and
no
more
than
twenty
days
after
the
2
proposed
budget
is
posted
by
the
county
auditor.
The
county
3
auditor
shall
certify
to
the
clerk
township
secretary
the
date
4
of
posting.
5
7.
After
the
meeting
on
the
proposed
budget,
the
board
6
of
trustees
shall
adopt
by
resolution
a
budget
for
at
least
7
the
next
fiscal
year,
and
the
clerk
secretary
shall
certify
8
the
necessary
tax
levy
for
the
next
fiscal
year
to
the
county
9
auditor
and
the
county
board
of
supervisors
by
April
30.
The
10
tax
levy
certified
may
be
less
than
but
shall
not
be
more
than
11
the
amount
estimated
in
the
proposed
budget
submitted
at
the
12
meeting.
Two
copies
each
of
the
detailed
budget
as
adopted
and
13
of
the
certified
tax
levy
must
be
transmitted
to
the
county
14
auditor
by
April
30.
15
Sec.
45.
Section
359.50,
subsection
1,
Code
2026,
is
amended
16
to
read
as
follows:
17
1.
A
township
budget
as
finally
adopted
for
the
following
18
fiscal
year
becomes
effective
July
1.
A
township
budget
for
19
the
current
fiscal
year
may
be
amended
,
with
the
approval
of
20
the
board
of
supervisors,
for
any
of
the
following
purposes:
21
a.
To
permit
the
expenditure
of
unexpended,
unencumbered
22
cash
balances
on
hand
at
the
end
of
the
preceding
fiscal
year
23
which
that
had
not
been
anticipated
in
the
budget.
24
b.
To
permit
the
expenditure
of
amounts
anticipated
to
be
25
available
from
sources
other
than
property
taxation,
and
which
26
that
had
not
been
anticipated
in
the
budget.
27
Sec.
46.
Section
359A.2,
Code
2026,
is
amended
to
read
as
28
follows:
29
359A.2
Trimming
and
cutting
back.
30
If
said
fence
be
hedge,
the
owner
thereof
shall
trim
or
31
cut
it
back
twice
during
each
calendar
year,
the
first
time
32
during
the
month
of
June
and
the
last
time
during
the
month
of
33
September,
to
within
five
feet
from
the
ground,
unless
such
34
owners
otherwise
agree
in
writing
to
be
filed
with
and
recorded
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by
the
township
clerk
county
recorder
.
1
Sec.
47.
Section
359A.2A,
subsections
1
and
4,
Code
2026,
2
are
amended
to
read
as
follows:
3
1.
The
trustees
of
the
township
where
a
controversy
arises
4
under
this
chapter
shall
serve
as
fence
viewers
The
county
5
board
of
supervisors
shall
appoint
three
township
trustees
6
from
the
county
to
serve
three-year
terms
as
fence
viewers.
A
7
fence
viewer’s
term
shall
terminate
if
the
person’s
term
as
8
a
township
trustee
ends
and
the
person
is
not
reappointed
to
9
continue
serving
as
a
township
trustee.
No
two
appointees
10
shall
be
a
resident
of
the
same
township
.
The
fence
viewers
11
shall
have
authority
to
hear
and
decide
all
questions
related
12
to
matters
that
are
part
of
the
controversy
as
provided
in
this
13
chapter
.
14
4.
Upon
the
disqualification
of
the
a
fence
viewer,
15
the
remaining
trustees
county
board
of
supervisors
shall
16
appoint
a
qualified
substitute
fence
viewer
to
decide
each
17
question
related
to
a
matter
in
controversy.
If
a
trustee
18
fence
viewer
is
not
remaining,
the
township
clerk
county
19
board
of
supervisors
shall
appoint
three
qualified
substitute
20
fence
viewers
to
decide
each
question
related
to
a
matter
in
21
controversy.
However,
this
subsection
does
not
apply
if
the
22
township
clerk
board
of
supervisors
selects
a
fence
viewer
as
23
provided
in
section
359A.14
.
24
Sec.
48.
Section
359A.2A,
subsection
2,
paragraph
b,
Code
25
2026,
is
amended
to
read
as
follows:
26
b.
A
fence
viewer
who
has
a
conflict
of
interest
in
27
deciding
a
question
related
to
a
matter
that
is
part
of
the
28
controversy
is
disqualified
from
participating
in
the
matter.
29
The
disqualification
shall
be
made
by
the
election
of
the
fence
30
viewer
or
unanimous
vote
of
the
fence
viewers
who
do
not
have
a
31
conflict
of
interest
in
the
matter.
However,
if
three
or
more
32
fence
viewers
do
not
have
a
conflict
of
interest
in
the
matter,
33
the
disqualification
shall
be
made
by
a
majority
vote
of
those
34
fence
viewers.
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Sec.
49.
Section
359A.6,
Code
2026,
is
amended
to
read
as
1
follows:
2
359A.6
Default
——
costs
and
fees
collected.
3
If
the
erecting,
rebuilding,
or
repairing
of
a
fence
is
not
4
completed
within
thirty
days
from
and
after
the
time
fixed
in
5
the
order
issued
under
section
359A.4
,
the
board
of
township
6
trustees
acting
as
fence
viewers
county
board
of
supervisors
7
shall
cause
the
fence
to
be
erected,
rebuilt,
and
repaired,
8
and
the
value
thereof
may
be
fixed
by
the
fence
viewers.
The
9
board
of
supervisors
shall
determine
fees
of
the
fence
viewers.
10
Unless
the
sum
so
fixed,
together
with
all
fees
of
the
fence
11
viewers
caused
by
the
default,
is
paid
to
the
county
treasurer,
12
within
ten
days
after
the
full
amount
due
is
ascertained,
13
or
when
ordered
to
pay
for
an
existing
fence,
and
the
value
14
thereof
is
fixed
by
the
fence
viewers,
and
the
sum,
together
15
with
the
fees
of
the
fence
viewers,
remains
unpaid
by
the
party
16
in
default
for
ten
days,
the
fence
viewers
shall
certify
to
the
17
county
treasurer
the
full
amount
due
from
the
party
or
parties
18
in
default,
including
all
fees
and
costs
assessed
by
the
fence
19
viewers,
together
with
a
description
of
the
real
estate
owned
20
by
the
party
or
parties
in
default
along
or
upon
which
the
said
21
fence
exists.
The
county
treasurer
shall
enter
the
full
amount
22
due
upon
the
county
system,
and
the
amount
shall
be
collected
23
in
the
same
manner
as
ordinary
taxes.
Upon
certification
to
24
the
county
treasurer,
the
amount
assessed
shall
be
a
lien
on
25
the
parcel
until
paid.
26
Sec.
50.
Section
359A.8,
Code
2026,
is
amended
to
read
as
27
follows:
28
359A.8
Orders.
29
All
orders
and
decisions
made
by
the
fence
viewers
shall
be
30
in
writing,
signed
by
at
least
two
of
them,
and
filed
with
the
31
township
clerk
county
recorder
.
The
county
recorder
shall
not
32
collect
fees
under
this
section.
33
Sec.
51.
Section
359A.10,
Code
2026,
is
amended
to
read
as
34
follows:
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359A.10
Entry
and
record
of
orders.
1
Such
orders,
decisions,
notices,
and
returns
shall
be
2
entered
of
record
at
length
by
the
relevant
township
clerk
3
secretary
,
and
a
copy
thereof
certified
by
the
relevant
4
township
clerk
secretary
to
the
county
recorder,
who
shall
5
record
the
same
in
the
recorder’s
office
in
the
manner
6
specified
in
sections
558.49
and
558.52
,
and
index
such
record
7
in
the
name
of
each
adjoining
owner
as
grantor
to
the
other.
8
The
county
recorder
shall
collect
fees
specified
in
section
9
331.604
.
10
Sec.
52.
Section
359A.14,
Code
2026,
is
amended
to
read
as
11
follows:
12
359A.14
Lands
in
different
townships
counties
.
13
When
the
adjoining
lands
are
situated
in
different
townships
14
in
the
same
or
different
counties,
the
clerk
of
the
township
15
board
of
supervisors
of
the
county
of
the
owner
making
the
16
application
shall
select
two
trustees
of
the
clerk’s
township
17
as
three
fence
viewers
from
its
county
,
and
the
clerk
of
the
18
other
township
one
board
of
supervisors
of
the
other
county
19
shall
select
two
fence
viewers
from
that
clerk’s
township
20
county
,
who
shall
possess,
in
such
case,
all
the
powers
given
21
to
fence
viewers
in
this
chapter
,
but
all
orders,
notices,
and
22
valuations
and
taxation
of
costs
made
by
them
must
be
recorded
23
in
both
townships
and
in
the
office
of
the
recorder
of
deeds
of
24
each
county.
25
Sec.
53.
Section
359A.23,
Code
2026,
is
amended
to
read
as
26
follows:
27
359A.23
Appeal.
28
Any
person
affected
by
an
order
or
decision
of
the
fence
29
viewers
may
appeal
to
the
district
court
by
filing
with
the
30
clerk
of
said
court
a
notice
of
appeal
within
twenty
days
after
31
the
rendition
of
the
order
or
decision
appealed
from
and
filing
32
an
appeal
bond
in
an
amount
approved
by
the
township
clerk
33
board
of
supervisors
.
The
relevant
township
clerk
secretary
,
34
after
recording
the
original
papers,
shall
thereupon
file
them
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in
the
office
of
the
clerk
of
the
district
court,
certifying
1
them
to
be
such,
and
the
clerk
shall
docket
them,
entitling
the
2
applicant
or
petitioner
as
plaintiff,
and
it
shall
stand
for
3
trial
as
other
cases.
4
Sec.
54.
Section
359A.25,
Code
2026,
is
amended
to
read
as
5
follows:
6
359A.25
Record
kept
——
fees
of
clerk
secretary
.
7
The
township
clerk
secretary
shall
enter
all
matters
herein
8
required
to
be
made
of
record
in
the
clerk’s
township’s
record
9
book,
and
shall
receive
ten
cents
for
each
one
hundred
words
in
10
entering
of
record
and
making
certified
copies
of
the
matters
11
herein
provided
for,
and
twenty-five
cents
additional
for
the
12
clerk’s
secretary’s
certificate
thereto
when
required,
and
13
shall
also
receive
the
costs
of
recording
in
the
office
of
the
14
recorder
of
deeds
of
any
instrument
required
to
be
so
recorded.
15
Sec.
55.
REPEAL.
Sections
39.22,
64.12,
359.10,
359.12,
16
359.13,
and
359.47,
Code
2026,
are
repealed.
17
Sec.
56.
REPEAL.
Chapter
360,
Code
2026,
is
repealed.
18
Sec.
57.
TRANSITION
——
ELECTED
TOWNSHIP
OFFICIALS.
The
19
term
of
all
elected
township
officials
in
all
townships
in
this
20
state
shall
terminate
on
January
1,
2027.
A
person
serving
as
21
a
township
trustee
or
township
clerk
pursuant
to
chapter
359,
22
Code
2026,
may
continue
serving
in
that
role
until
January
1,
23
2027.
24
Sec.
58.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
25
immediate
importance,
takes
effect
upon
enactment.
26
Sec.
59.
APPLICABILITY.
The
following
apply
July
1,
2026,
27
to
the
adoption,
certification,
and
amendment
of
township
28
budgets
for
fiscal
years
beginning
on
and
after
July
1,
2027:
29
1.
The
section
of
this
Act
enacting
section
359.49,
30
subsection
1A.
31
2.
The
section
of
this
Act
amending
section
359.49,
32
subsections
3,
5,
and
7.
33
3.
The
section
of
this
Act
amending
section
359.50,
34
subsection
1.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
township
boards
of
trustees,
including
4
the
appointment
and
duties
of
township
officers
and
township
5
budgets.
6
Under
current
law,
the
county
board
of
supervisors
is
7
responsible
for
dividing
each
county
into
townships.
Townships
8
in
Iowa
have
a
board
of
township
trustees
that
is
typically
9
composed
of
three
members
who
are
registered
voters
of
the
10
township.
A
board
of
trustees
for
a
township
with
a
taxable
11
valuation
for
property
tax
purposes
of
$250
million
or
more
12
consists
of
five
registered
voters
of
the
township.
The
13
township
trustees
act
as
fence
viewers
for
the
township
and
14
perform
other
duties
assigned
by
law,
including
funding
and
15
maintaining
pioneer
cemeteries,
fire
protection
services,
16
and
emergency
medical
services,
and
serving
as
the
township
17
animal
board
of
health.
Township
trustees
are
elected
to
18
serve
four-year
terms.
A
board
of
trustees
is
supported
by
a
19
township
clerk,
who
is
elected
to
serve
a
four-year
term.
20
The
bill
eliminates
township
trustees
as
an
elected
position
21
and
instead
requires
the
board
of
supervisors
to
appoint
three
22
registered
voters
in
each
township
to
serve
a
three-year
term
23
on
the
board
of
trustees.
The
bill
eliminates
the
role
of
24
township
clerk
and
instead
requires
the
township
trustees
to
25
select
one
of
the
trustees
to
serve
a
one-year
term
as
the
26
secretary,
who
shall
perform
many
of
the
duties
assigned
to
a
27
township
clerk
under
current
law.
28
The
bill
requires
the
board
of
supervisors
to
appoint
three
29
township
trustees
in
the
county
to
serve
as
countywide
fence
30
viewers
and,
by
operation
of
law,
as
a
countywide
animal
31
board
of
health.
The
bill
disqualifies
a
fence
viewer
with
a
32
conflict
of
interest
from
participating
in
a
matter
without,
33
as
provided
in
current
law,
requiring
a
vote
of
the
other
34
fence
viewers
on
whether
to
disqualify
the
fence
viewer
with
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a
conflict
of
interest.
When
a
matter
arises
involving
land
1
located
in
two
different
counties,
the
bill
requires
the
2
board
of
supervisors
of
the
county
of
the
owner
making
the
3
application
to
select
three
fence
viewers
and
the
board
of
4
supervisors
from
the
other
county
to
select
two
fence
viewers,
5
who
together
shall
perform
all
duties
of
the
fence
viewers.
6
A
board
of
township
trustees
is
responsible
for
adopting
7
and
certifying
a
township
budget.
Prior
to
adoption
and
8
certification
of
the
budget,
the
bill
requires
the
board
of
9
township
trustees
to
provide
the
proposed
budget
to
the
board
10
of
supervisors
for
approval.
The
board
of
supervisors
must
11
accept
or
reject
the
proposed
budget
with
recommended
changes
12
in
a
timely
manner
so
as
to
not
delay
the
duties
of
the
board
13
of
township
trustees
in
adopting
a
budget
and
certifying
taxes
14
by
the
deadlines
provided
in
Code
section
359.49.
The
bill
15
requires
a
board
of
township
trustees
to
obtain
the
approval
of
16
the
board
of
supervisors
prior
to
amending
an
adopted
budget.
17
The
bill’s
provisions
relating
to
the
township
budget
process
18
apply
to
the
adoption,
certification,
and
amendment
of
township
19
budgets
for
fiscal
years
beginning
on
and
after
July
1,
2027.
20
The
bill
repeals
Code
chapter
360,
which
governs
the
21
building
or
acquisition
of
public
halls
to
serve
as
township
22
halls.
23
The
bill
terminates
the
term
of
all
elected
township
24
officials
in
all
townships
in
this
state
on
January
1,
2027.
A
25
person
serving
as
a
township
trustee
or
township
clerk
pursuant
26
to
current
law
may
continue
serving
in
that
role
until
January
27
1,
2027.
28
Under
current
law,
each
employee
whose
employment
commences
29
after
July
4,
1953,
or
any
publicly
elected
official
of
the
30
state
or
any
of
its
political
subdivisions
shall
become
a
31
member
of
the
Iowa
public
employees’
retirement
system
(IPERS)
32
upon
the
first
day
in
which
such
employee
is
employed.
The
33
term
“employee”
includes
elective
officials
of
townships.
34
The
bill
removes
elective
officials
of
townships
from
the
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definition
of
“employee”
for
purposes
of
IPERS.
1
Current
law
authorizes
IPERS
to
enter
into
an
agreement
with
2
the
federal
security
administration
or
its
successor
(currently
3
the
United
States
social
security
administration)
for
the
4
purpose
of
extending
the
benefits
of
the
federal
old-age
and
5
survivors’
insurance
system
to
employees
of
the
state
or
6
any
political
subdivision
thereof
with
respect
to
services
7
specified
in
such
agreement
that
constitute
“employment”.
The
8
agreement
must
provide
that
benefits
will
be
provided
for
9
employees
whose
services
are
covered
by
the
agreement,
and
10
their
dependents
and
survivors,
on
the
same
basis
as
though
11
such
services
constituted
employment
within
the
meaning
of
12
Tit.
II
of
the
federal
Social
Security
Act,
and
the
state
13
will
pay
to
the
secretary
of
the
treasury
contributions
with
14
respect
to
wages.
All
services
that
constitute
employment
and
15
are
performed
in
the
employ
of
the
state,
or
any
political
16
subdivision,
by
employees
of
the
state,
or
of
any
political
17
subdivision,
shall
be
covered
by
the
agreement.
The
term
18
“employee”
includes
elective
and
appointive
officials
of
the
19
state
or
any
political
subdivision
thereof,
except
elective
20
officials
in
positions,
the
compensation
for
which
is
on
a
21
fee
basis,
elective
officials
of
school
districts,
elective
22
officials
of
townships,
and
elective
officials
of
other
23
political
subdivisions
who
are
in
part-time
positions.
The
24
bill
provides
that
the
term
“employee”
includes
elective
and
25
appointive
officials
of
the
state
or
any
political
subdivision
26
thereof,
except
elective
officials
in
positions,
the
27
compensation
for
which
is
on
a
fee
basis,
elective
officials
28
of
school
districts,
and
elective
officials
of
other
political
29
subdivisions
who
are
in
part-time
positions.
Current
law
30
provides
that
the
term
“political
subdivision”
includes
an
31
instrumentality
of
the
state
of
Iowa,
of
one
or
more
of
its
32
political
subdivisions,
or
of
the
state
and
one
or
more
of
its
33
political
subdivisions,
but
only
if
such
instrumentality
is
34
a
juristic
entity
that
is
legally
separate
and
distinct
from
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the
state
or
subdivision
and
only
if
its
employees
are
not
by
1
virtue
of
their
relation
to
such
juristic
entity
employees
of
2
the
state
or
subdivisions.
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