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House File 2375 - IntroducedA Bill ForAn Act 1relating to petitions to change the form of management
2of a drainage or levee district to a board of trustees.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.501, Code 2022, is amended to read
2as follows:
3468.501 Petition.
4A petition shall be filed in the office of the auditor signed
5by a majority of the persons including corporations owning
6land within the district assessed for benefits and who in the
7aggregate own more than one-half of the acreage of such lands.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11BACKGROUND. This bill provides for a petition to change the
12form of management of a drainage or levee district (district).
13A district is established by a county board of supervisors
14which manages the district (Code section 468.1). A district
15may also be established and managed by a joint board of
16supervisors if the district crosses county lines (Code chapter
17468, subchapter II). The board may relinquish control of a
18district to a city if it finds that 25 percent or more of
19the district’s area is located within that city’s boundaries
20(Code section 468.322). Under certain circumstances, a board
21of supervisors, a joint board of supervisors, or a city must
22transfer jurisdiction to a board of elected trustees (Code
23chapter 468, subchapter III, and Code section 468.327). In
24order for a board of trustees to assume management of the
25district, the landowners in the district must submit a petition
26with the county auditor, or county auditors in the case of an
27intercounty district, to call for a special election to elect
28trustees from the membership of the landowners in the district.
29In order for a petition to be valid, it must be signed by a
30“majority of the persons including corporations owning land
31within the district assessed for benefits” (Code section
32468.501). By comparison, in the case of a district being
33placed back under the management of a board of supervisors, the
34petition must also be signed by a “majority of persons...owning
35land” in the district and submitted to the county auditor or
-1-1auditors of the respective counties. However, in that case
2a separate condition is attached. The landowners must own
3in the aggregate more than one half of the acreage of such
4lands within the district (Code section 468.533). The district
5reverts to management by the board or boards of supervisors
6without a vote effective on the date of the next election of
7trustees (Code section 468.535).
8BILL’S PROVISION. The bill adds a qualification upon
9a petition to change the district’s management to a board
10of trustees based on the same qualification for a petition
11requesting that a district be placed back under the management
12of a board of supervisors or joint board of supervisors.
13In addition to the petition being signed by a “majority of
14persons...owning land” in the district, the persons signing the
15petition must in the aggregate own a majority of the acreage
16of such lands.
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2of a drainage or levee district to a board of trustees.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.501, Code 2022, is amended to read
2as follows:
3468.501 Petition.
4A petition shall be filed in the office of the auditor signed
5by a majority of the persons including corporations owning
6land within the district assessed for benefits and who in the
7aggregate own more than one-half of the acreage of such lands.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11BACKGROUND. This bill provides for a petition to change the
12form of management of a drainage or levee district (district).
13A district is established by a county board of supervisors
14which manages the district (Code section 468.1). A district
15may also be established and managed by a joint board of
16supervisors if the district crosses county lines (Code chapter
17468, subchapter II). The board may relinquish control of a
18district to a city if it finds that 25 percent or more of
19the district’s area is located within that city’s boundaries
20(Code section 468.322). Under certain circumstances, a board
21of supervisors, a joint board of supervisors, or a city must
22transfer jurisdiction to a board of elected trustees (Code
23chapter 468, subchapter III, and Code section 468.327). In
24order for a board of trustees to assume management of the
25district, the landowners in the district must submit a petition
26with the county auditor, or county auditors in the case of an
27intercounty district, to call for a special election to elect
28trustees from the membership of the landowners in the district.
29In order for a petition to be valid, it must be signed by a
30“majority of the persons including corporations owning land
31within the district assessed for benefits” (Code section
32468.501). By comparison, in the case of a district being
33placed back under the management of a board of supervisors, the
34petition must also be signed by a “majority of persons...owning
35land” in the district and submitted to the county auditor or
-1-1auditors of the respective counties. However, in that case
2a separate condition is attached. The landowners must own
3in the aggregate more than one half of the acreage of such
4lands within the district (Code section 468.533). The district
5reverts to management by the board or boards of supervisors
6without a vote effective on the date of the next election of
7trustees (Code section 468.535).
8BILL’S PROVISION. The bill adds a qualification upon
9a petition to change the district’s management to a board
10of trustees based on the same qualification for a petition
11requesting that a district be placed back under the management
12of a board of supervisors or joint board of supervisors.
13In addition to the petition being signed by a “majority of
14persons...owning land” in the district, the persons signing the
15petition must in the aggregate own a majority of the acreage
16of such lands.
-2-da/ns