House File 152 - Reprinted HOUSE FILE 152 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HF 49) (As Amended and Passed by the House February 13, 2013 ) A BILL FOR An Act providing for drainage or levee districts managed by a 1 board of trustees, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 152 (4) 85 da/sc/md

H.F. 152 Section 1. Section 468.500, Code 2013, is amended to read 1 as follows: 2 468.500 Trustees authorized. 3 1. a. In the manner provided in this subchapter , any 4 drainage or levee district in which the original construction 5 has been completed and paid for by bond issue or otherwise, 6 may be placed under the control and management of a board of 7 three trustees to be elected by the persons owning land in the 8 district that has been assessed for benefits. 9 b. A drainage or levee district under the control of a city 10 council as provided in subchapter II , part 3, may be placed 11 under the control and management of a board of trustees by 12 the city council following the procedures provided in this 13 subchapter part 2 for the county board of supervisors. 14 2. An overlying drainage or levee district that controls and 15 manages improvements and rights-of-way surrendered by a board 16 of supervisors or board of trustees of a contained district, 17 in accordance with sections 468.256 through 468.259, shall 18 continue to be controlled and managed by a board of trustees 19 as provided in part 3. 20 Sec. 2. NEW SECTION . 468.538 Scope. 21 This part applies when the board of trustees of an overlying 22 district accepts all improvements and rights-of-way surrendered 23 by a board of supervisors or board of trustees of a contained 24 district, in accordance with sections 468.256 through 468.259. 25 In addition, after such acceptance, the overlying district must 26 include at least thirty-five thousand acres with a pumping 27 station, regardless of whether the drainage or levee district 28 is located in more than one county. Such a district shall 29 continue to be controlled and managed by a board of trustees 30 elected as provided in this part. 31 Sec. 3. NEW SECTION . 468.539 Qualified application. 32 Part 2 of this subchapter shall also apply to this part, 33 except as follows: 34 1. The trustees of the overlying district serving on the 35 -1- HF 152 (4) 85 da/sc/md 1/ 3

H.F. 152 board at the time of acceptance as described in section 468.538 1 shall be considered initially elected as the trustees of the 2 drainage or levee district as provided in sections 468.502, 3 468.503, and 468.521. 4 2. a. The board of trustees described in subsection 1 shall 5 do all of the following: 6 (1) Establish the overlying district as a new drainage 7 or levee district, which must include all improvements and 8 rights-of-way surrendered by a board of supervisors or board of 9 trustees of the contained district. 10 (2) Divide the new drainage or levee district into three 11 election districts in the same manner as a board of supervisors 12 acting pursuant to sections 468.504 and 468.505. 13 b. The petition described in section 468.501 is not required 14 to be filed or considered under this subsection. 15 3. Each of the three persons elected as trustee to serve 16 on a new drainage or levee district established pursuant to an 17 election held by the board of trustees described in subsection 18 1 shall hold office for a staggered term as provided in section 19 468.518. A person elected as a trustee of the new drainage 20 or levee district shall be elected from a specified election 21 district, unless the person is elected at large as provided in 22 subsection 4. 23 4. The board of trustees described in subsection 1 or a 24 subsequent board of trustees of the new drainage or levee 25 district may provide for the election of two additional persons 26 to serve as trustees. One person’s initial term shall be for 27 one year and the second person’s initial term shall be for two 28 years in the same manner as provided in section 468.518. 29 5. Votes shall be determined as provided pursuant to either 30 section 468.510 or 468.511 in the same manner as was determined 31 for the overlying district. 32 Sec. 4. DIVISION OF CHAPTER 468, SUBCHAPTER III. The Code 33 editor shall codify section 468.500, as amended by this Act, as 34 part 1 of chapter 468, subchapter III; sections 468.501 through 35 -2- HF 152 (4) 85 da/sc/md 2/ 3

H.F. 152 468.537 as part 2 of chapter 468, subchapter III; and sections 1 468.538 and 468.539 as part 3 of chapter 468, subchapter III. 2 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 3 immediate importance, takes effect upon enactment. 4 -3- HF 152 (4) 85 da/sc/md 3/ 3