House
Study
Bill
640
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
petitions
to
change
the
form
of
management
1
of
a
drainage
or
levee
district
to
a
board
of
trustees.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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5364HC
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da/ns
H.F.
_____
Section
1.
Section
468.501,
Code
2022,
is
amended
to
read
1
as
follows:
2
468.501
Petition.
3
A
petition
shall
be
filed
in
the
office
of
the
auditor
signed
4
by
a
majority
of
the
persons
including
corporations
owning
5
land
within
the
district
assessed
for
benefits
and
who
in
the
6
aggregate
own
more
than
one-half
of
the
acreage
of
such
lands
.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
BACKGROUND.
This
bill
provides
for
a
petition
to
change
the
11
form
of
management
of
a
drainage
or
levee
district
(district).
12
A
district
is
established
by
a
county
board
of
supervisors
13
which
manages
the
district
(Code
section
468.1).
A
district
14
may
also
be
established
and
managed
by
a
joint
board
of
15
supervisors
if
the
district
crosses
county
lines
(Code
chapter
16
468,
subchapter
II).
The
board
may
relinquish
control
of
a
17
district
to
a
city
if
it
finds
that
25
percent
or
more
of
18
the
district’s
area
is
located
within
that
city’s
boundaries
19
(Code
section
468.322).
Under
certain
circumstances,
a
board
20
of
supervisors,
a
joint
board
of
supervisors,
or
a
city
must
21
transfer
jurisdiction
to
a
board
of
elected
trustees
(Code
22
chapter
468,
subchapter
III,
and
Code
section
468.327).
In
23
order
for
a
board
of
trustees
to
assume
management
of
the
24
district,
the
landowners
in
the
district
must
submit
a
petition
25
with
the
county
auditor,
or
county
auditors
in
the
case
of
an
26
intercounty
district,
to
call
for
a
special
election
to
elect
27
trustees
from
the
membership
of
the
landowners
in
the
district.
28
In
order
for
a
petition
to
be
valid,
it
must
be
signed
by
a
29
“majority
of
the
persons
including
corporations
owning
land
30
within
the
district
assessed
for
benefits”
(Code
section
31
468.501).
By
comparison,
in
the
case
of
a
district
being
32
placed
back
under
the
management
of
a
board
of
supervisors,
the
33
petition
must
also
be
signed
by
a
“majority
of
persons...owning
34
land”
in
the
district
and
submitted
to
the
county
auditor
or
35
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auditors
of
the
respective
counties.
However,
in
that
case
1
a
separate
condition
is
attached.
The
landowners
must
own
2
in
the
aggregate
more
than
one
half
of
the
acreage
of
such
3
lands
within
the
district
(Code
section
468.533).
The
district
4
reverts
to
management
by
the
board
or
boards
of
supervisors
5
without
a
vote
effective
on
the
date
of
the
next
election
of
6
trustees
(Code
section
468.535).
7
BILL’S
PROVISION.
The
bill
adds
a
qualification
upon
8
a
petition
to
change
the
district’s
management
to
a
board
9
of
trustees
based
on
the
same
qualification
for
a
petition
10
requesting
that
a
district
be
placed
back
under
the
management
11
of
a
board
of
supervisors
or
joint
board
of
supervisors.
12
In
addition
to
the
petition
being
signed
by
a
“majority
of
13
persons...owning
land”
in
the
district,
the
persons
signing
the
14
petition
must
in
the
aggregate
own
a
majority
of
the
acreage
15
of
such
lands.
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