Text: HF02190 Text: HF02192 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 468.510, Code 1999, is amended to read 1 2 as follows: 1 3 468.510 QUALIFICATIONS OF VOTERS. 1 4 Each person who is a landowner, including each individual 1 5 who is at least eighteen years of ageor over without regard1 6to sexand any railway or other corporation owning land in 1 7saidthe district and assessed for benefits, shall be entitled 1 8 to one voteonly, except as provided in section 468.511. 1 9 Sec. 2. Section 468.511, subsection 1, Code 1999, is 1 10 amended to read as follows: 1 11 1.When a petition asking for the right to vote in1 12proportion to assessment of benefits at all elections for any1 13purpose thereafter to be held within said district, signed by1 14a majority of the landowners owning land within said district1 15assessed for benefits, is filed with the board of trustees,1 16then, in all elections of trustees thereafter held within said1 17district, any person whose land is assessed for benefits1 18without regard to age, sex, or condition shall be entitled to1 19one vote for each ten dollars or fraction thereof of the1 20original assessment under the current classification against1 21the land actually owned by the person in said district at the1 22time of the election, but in order to have such ballot counted1 23for more than one vote the voter shall write the voter's name1 24upon the ballot.The vote ofanya landowner of the district 1 25 may be cast by absent voters ballot as provided in chapter 53 1 26 except that the form of the applications for ballots, the 1 27 voters' affidavits on the envelopes, and the endorsement of 1 28 the carrier envelope for preserving the ballot shall be 1 29 substantially in the form provided insubsections 2, 3 and 4,1 30belowthis section. Application blanks, envelopes and ballots 1 31 shall be provided by and submitted to the office of the county 1 32 auditor in which the election is held. The cost of such 1 33 blanks, envelopes, ballots and postage shall be paid by the 1 34 district. For the purpose of this subchapter all landowners 1 35 of the district shall be considered qualified voters, 2 1 regardless of their place of residence. 2 2 Sec. 3. Section 468.512, Code 1999, is amended to read as 2 3 follows: 2 4 468.512 VOTE BY AGENT. 2 5Except where the provisions of section 468.511, providing2 6for vote in proportion to assessment are invoked, anyA person 2 7or corporationowning land or a right of way within the 2 8 district and assessed for benefits may have the person'sor2 9the corporation'svote cast by the person'sor the2 10corporation'sagent or proxy authorized to castsuchthe vote 2 11 by a power of attorney signed and acknowledged bysuchthe 2 12 personor corporation, and filed beforesuchthe vote is cast 2 13 in the auditor's office of the county in whichsuchthe 2 14 election is held. Everysuchpower of attorney provided in 2 15 this section shall specify the particular election for which 2 16 it is to be used, indicating the day, month, and year ofsuch2 17 the election, and shall be void for all elections subsequently 2 18 held. The vote of the owner of any land in a drainage or 2 19 levee district inanyan election, where the vote is not2 20determined by assessment,may be cast by absent voters ballot 2 21in the same manner and form and subject to the same rights and2 22restrictionsas is provided in section 468.511relating to2 23vote by absentee ballot when votes are determined by2 24assessment. 2 25 Sec. 4. RECALL PETITION. A person who is qualified to 2 26 vote in a drainage or levee district managed by a board of 2 27 trustees elected by a vote conducted in proportion to an 2 28 assessment of benefits pursuant to section 468.511, Code 1999, 2 29 may file a petition for a new election pursuant to section 2 30 468.501. However, the petition must be signed by at least 2 31 five percent of persons owning land within the district 2 32 assessed for benefits. The election shall proceed as provided 2 33 in chapter 468, subchapter III. The petition must be filed by 2 34 August 1, 2000. 2 35 Sec. 5. EFFECTIVE DATE. This bill, being deemed of 3 1 immediate importance, takes effect upon enactment. 3 2 EXPLANATION 3 3 Code chapter 468, subchapter III, provides for the 3 4 management of drainage and levee districts by trustees elected 3 5 by landowners in the district assessed for benefits. Code 3 6 section 468.510 provides that each landowner cannot cast more 3 7 than one vote. However, Code section 468.511 provides that, 3 8 upon petition signed by a majority of landowners in the 3 9 district, the landowner's votes may be cast in proportion to 3 10 the landowner's assessment of benefits at all future 3 11 elections. This bill eliminates the option for proportional 3 12 voting. It also makes changes consistent with bill drafting 3 13 style to enhance readability. For example, it removes 3 14 language referring to gender, and replaces the phrase "person 3 15 or corporation" with the term "person" since "person" as used 3 16 in the Code under Code section 4.1 includes individuals and 3 17 corporate entities. 3 18 The bill takes effect upon enactment. 3 19 LSB 5790HH 78 3 20 da/gg/8.1
Text: HF02190 Text: HF02192 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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