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:
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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.
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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
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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.
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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
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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
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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).
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