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New County Officials School David Vestal, ISAC Deputy Director January 22, 2003 Sources of the Law.

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Presentation on theme: "New County Officials School David Vestal, ISAC Deputy Director January 22, 2003 Sources of the Law."— Presentation transcript:

1 New County Officials School David Vestal, ISAC Deputy Director January 22, 2003 Sources of the Law

2 What are my Goals Today? b To introduce you to the various bodies of law b To explain how you can access that law

3 Class is divided into five parts: b Statutes b Attorney Generals Opinions b Administrative Law b Court Decisions b County Home Rule

4 Statutes b Four volume hardbound set b 2003 edition just published b Code Index b Updated by 2003 Code Supplement b Session Laws b Code Annotated-includes court decisions

5 Chapter 331 b Most important chapter for county officials b Includes structure of county government b Lists duties of BOS and all other elected officials

6 Contains duties pertaining to Finances and Budgeting b Not Just Chapter Jails356 Jails 335 Zoning335 Zoning 350 Conservation Boards350 Conservation Boards 137 Boards of Health137 Boards of Health Mental Health Mental Health 125 Substance Abuse125 Substance Abuse

7 Iowa Code on the Web:

8 Rules of Statutory Interpretation

9 Look to Chapter 4 b Shall imposes a duty b prospective statutes b irreconcilable statutes

10 Attorney General Opinions b Written Legal Opinions issued by the Attorney General b Not Binding b Requests submitted by county attorneys or legislators

11 What Subjects Do They Cover? b Many issues of interest to counties

12 How Can We Review Them? b Published b Summarized in The Iowa County magazine b Available in County Law Library b Can be requested at (515)

13 Iowa Administrative Code b Administrative Rules b Adopted by State Agencies b Must be Based on State Law b Force and Effect of Law

14 Jet Ski Operators b Must have 20 hours of instruction b Provided by DPS

15 What Dont We Know? b What course will consist of? b How do you prove you took the course? b Who can teach the course? b Can the DPS charge a fee for the course? b Where will it be offered?

16 How Are Administrative Rules Adopted? b Chapter 17A of the Iowa Code b Notice of Intended Action b Public Hearing b Final Rule Filed b Emergency Rules b Administrative Rules Committee

17 How Are Rules Published? b 22 Volume Iowa Administrative Code b Available in county law library b Organized by state agency b Statues Implemented Section b Available online at

18 Court Decisions b State Courts b Iowa Court of Appeals b Iowa Supreme Court

19 Federal Courts: b US District Courts for Northern and Southern Districts b 8th Circuit Court of Appeals

20 Where are Iowa Supreme Court cases published? b Northwestern Reporter b Oliver v. Sioux City Community School District b 389 N.W. 2d 665 b Available online: judicial.state.ia.us

21 County Home Rule b Dillon Rule b Adopted in 1978 b Article III, sec. 39A of Iowa Constitution

22 What is Home Rule? b Counties can now do anything they want, unless it is specifically prohibited by state law b Implemented as Chapter 331


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