Senate File 2208 - Introduced SENATE FILE 2208 BY D. JOHNSON A BILL FOR An Act providing for the administration of drainage or 1 levee districts, including by providing for appointments, 2 elections, and terms of office, and including transitional 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5874XS (2) 87 da/rn
S.F. 2208 Section 1. Section 468.231, Code 2018, is amended to read 1 as follows: 2 468.231 Administrator areas. 3 1. When establishing a board of county drainage 4 administrators, the board of supervisors shall divide the 5 county, along township lines, into three five drainage 6 administrator areas of approximately equal territory. The 7 board of county drainage administrators shall consist of 8 one resident freeholder appointed by the county board of 9 supervisors from each administrator area, and at least two 10 three of the administrators shall be agricultural landowners. 11 The members first appointed shall hold office for terms of one, 12 two, and three , four, and five years respectively, as indicated 13 and fixed by the county board of supervisors. Thereafter, 14 succeeding members shall be appointed for a term of three 15 years, except that vacancies occurring otherwise than by 16 expiration of a term shall be filled by appointment for the 17 unexpired term. 18 2. Any member of the board of county drainage administrators 19 who shall cease to have any of the qualifications prescribed by 20 this section shall thereupon be disqualified as a member of the 21 board and the office shall be deemed vacant. Members of the 22 board of county drainage administrators may be removed by the 23 county board of supervisors for cause, but every such removal 24 shall be by written order which shall be filed with the county 25 auditor. 26 Sec. 2. Section 468.502, Code 2018, is amended to read as 27 follows: 28 468.502 Election. 29 The board, at the next regular, adjourned, or special 30 session shall canvass the petition and if signed by the 31 requisite number of landowners, it shall order an election to 32 be held at some convenient place in the district not less than 33 forty nor more than sixty days from the date of such order, 34 for the election of three five trustees of such district. 35 -1- LSB 5874XS (2) 87 da/rn 1/ 6
S.F. 2208 It shall appoint from the freeholders of the district who 1 reside in the county or counties, three judges and two 2 clerks of election. It shall not be mandatory for the county 3 commissioner of elections to conduct elections held pursuant to 4 this subchapter , but they shall be conducted in accordance with 5 the provisions of chapter 49 where not in conflict with this 6 subchapter . 7 Sec. 3. Section 468.504, Code 2018, is amended to read as 8 follows: 9 468.504 Election districts. 10 When a petition has been filed for the election of trustees 11 to manage a district containing twenty thousand acres or 12 more, the board, or, if the district extends into more than 13 one county, the boards of the counties by joint action, 14 shall, before the election, divide the district into three 15 five election districts for the purpose of securing a proper 16 distribution of trustees in the district, and the division 17 shall be so made that each election district will have 18 substantially equal voting power and acreage, as nearly as may 19 be. After the division is made there shall be elected one 20 trustee for each of the election districts, but at the election 21 all the qualified voters for the entire district shall be 22 entitled to vote for each trustee. The division here provided 23 for shall be for the purposes only of a proper distribution of 24 trustees in the district and shall not otherwise affect the 25 district or its management and control. 26 Sec. 4. Section 468.505, Code 2018, is amended to read as 27 follows: 28 468.505 Record and plat of election districts. 29 At the time of making a division into five election 30 districts, as provided in section 468.504 , the board or boards 31 shall designate by congressional divisions, subdivisions, 32 metes and bounds, or other intelligible description, the 33 lands embraced in each election district, and the auditor, or 34 auditors if more than one county shall make a plat thereof in 35 -2- LSB 5874XS (2) 87 da/rn 2/ 6
S.F. 2208 the drainage record of the district indicating thereon the 1 boundary lines of each election district, numbering them, one, 2 two, and three, four, and five respectively. 3 Sec. 5. Section 468.518, Code 2018, is amended to read as 4 follows: 5 468.518 Tenure of office. 6 The trustees so elected shall hold office until the 7 fourth Saturday in January next succeeding their election 8 and until their successors are elected and qualify. On the 9 third Saturday in the January next succeeding their original 10 election, an election shall be held at which three five 11 trustees shall be chosen, one for one year, one two for two 12 years, and one two for three years, and each shall qualify and 13 enter upon the duties of the office on the fourth Saturday of 14 the same January. On the third Saturday in each succeeding 15 January, an election shall be held to choose a each successor 16 to the trustee whose term is about to expire, and the term 17 of the trustee’s office shall be for three years and until a 18 successor has qualified. 19 Sec. 6. Section 468.519, Code 2018, is amended to read as 20 follows: 21 468.519 Levee and pumping station districts —— tenure of 22 office of trustees . 23 In levee and drainage districts having pumping stations 24 trustees shall hold office until the fourth Saturday in January 25 three years after election. On the third Saturday in January 26 of each year a trustee shall be elected for a term of three 27 years to succeed the member of the board whose term will expire 28 on the following Saturday in the same manner as provided in 29 section 468.518 . At the election there shall also be elected, 30 if necessary, a trustee to fill any vacancy which occurred 31 before the election. 32 Sec. 7. Section 468.539, Code 2018, is amended to read as 33 follows: 34 468.539 Qualified application. 35 -3- LSB 5874XS (2) 87 da/rn 3/ 6
S.F. 2208 Part 2 of this subchapter shall also apply to this part , 1 except as follows: 2 1. The trustees of the overlying district serving on the 3 board at the time of acceptance as described in section 468.538 4 shall be considered initially elected as the trustees of the 5 drainage or levee district as provided in sections 468.502 , 6 468.503 , and 468.521 , until the next election . 7 2. a. The Until the next election, the board of trustees 8 described in subsection 1 shall do all of the following: 9 (1) Establish the overlying district as a new drainage 10 or levee district, which must include all improvements and 11 rights-of-way surrendered by a board of supervisors or board of 12 trustees of the contained district. 13 (2) Divide the new drainage or levee district into three 14 five election districts in the same manner as a board of 15 supervisors acting pursuant to sections 468.504 and 468.505 . 16 b. The petition described in section 468.501 is not required 17 to be filed or considered under this subsection . 18 3. Each of the three five persons elected as trustee to 19 serve on a new drainage or levee district established pursuant 20 to an election held by the board of trustees described in 21 subsection 1 shall hold office for a staggered term as provided 22 in section 468.518 . A person elected as a trustee of the new 23 drainage or levee district shall be elected from a specified 24 election district , unless the person is elected at large as 25 provided in subsection 4 . 26 4. The board of trustees described in subsection 1 or a 27 subsequent board of trustees of the new drainage or levee 28 district may provide for the election of two additional 29 persons to serve as trustees. The two additional persons shall 30 be elected at large by all qualified voters for the entire 31 drainage or levee district. Of the five persons elected as 32 trustees of the new drainage or levee district, not more than 33 two persons shall be elected from the same specified election 34 district. One person’s initial term shall be for one year and 35 -4- LSB 5874XS (2) 87 da/rn 4/ 6
S.F. 2208 the second person’s initial term shall be for two years in the 1 same manner as provided in section 468.518 . 2 5. 4. Votes shall be determined as provided pursuant to 3 either section 468.510 or 468.511 in the same manner as was 4 determined for the overlying district. 5 Sec. 8. IMPLEMENTATION. 6 1. Notwithstanding the provisions of this Act to the 7 contrary, an administrator who is a member of a board of county 8 drainage administrators or a trustee who is a member of a board 9 of trustees under chapter 468 and who held office immediately 10 prior to this Act’s effective date shall continue to hold 11 office in the same manner as if this Act had not been enacted. 12 2. Notwithstanding section 468.231, a board of county 13 drainage administrators shall divide the county into five 14 administrative areas as required in this Act. 15 3. Notwithstanding sections 468.504 and 468.539, a board 16 of trustees of a district containing twenty thousand acres or 17 more, shall divide the district into five election districts as 18 required in this Act. The board of trustees shall provide for 19 the election of successor trustees to serve staggered terms as 20 provided in this Act. 21 4. This section is repealed on January 1, 2020. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 GENERAL. This bill relates to drainage and levee districts 26 (districts) under Code chapter 468, by increasing the number 27 of members of a special governing body responsible for 28 managing a district. A special governing body includes a 29 board of drainage administrators appointed by the county 30 board of supervisors or joint board of supervisors and a 31 board of trustees elected by a district’s landowners. The 32 bill increases the number of appointed administrators or 33 elected trustees from three to five. The bill also requires 34 districts be divided into subunits (administrative areas or 35 -5- LSB 5874XS (2) 87 da/rn 5/ 6
S.F. 2208 election districts) from which an administrator or trustee 1 resides. Finally, it provides for staggering the terms of 2 office of successor administrators and trustees, and provides 3 that existing boards must oversee the creation of the five new 4 subunits and the board of trustees must supervise a subsequent 5 election. These preparations must occur prior to January 1, 6 2020. 7 BACKGROUND —— BOARD OF DRAINAGE ADMINISTRATORS AND BOARD OF 8 TRUSTEES. After a drainage district has been established by a 9 county’s board of supervisors or joint board of supervisors, 10 the board may transfer its authority to an appointed board of 11 county drainage administrators (Code chapter 468, subchapter 12 I, part 4) or an elected board of trustees (Code chapter 468, 13 subchapter II, part 3). In the case of a district to be managed 14 by a board of county drainage administrators, the board of 15 supervisors must divide the county into three administrative 16 areas (Code section 468.231). In the case of a district that 17 contains 20,000 acres or more, the county board of supervisors 18 must divide the district into three election districts (Code 19 section 468.504). One exception is when two or more districts 20 share mutual territory and one district dissolves and cedes its 21 jurisdiction to the other “overlying” district having 35,000 or 22 more acres (Code chapter 468, subchapter III, part 3). In that 23 case, the overlying district may divide the district into five 24 election districts, with two trustees serving on an at-large 25 basis (Code section 468.539). 26 -6- LSB 5874XS (2) 87 da/rn 6/ 6