Text: SF19            Text: SF21
Complete Bill History


Senate File 20

SENATE FILE BY COURTNEY Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to elections in drainage or levee districts 2 managed by a board of trustees. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1230SS 83 5 da/rj/14 PAG LIN 1 1 Section 1. Section 468.506, Code 2009, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 468.506 ELIGIBILITY OF TRUSTEES. 1 5 Each trustee shall be a citizen of the United States, not 1 6 less than eighteen years of age, and the owner of land in the 1 7 drainage or levee district managed by the trustee's board, and 1 8 either a resident of the county in which that district is 1 9 located or a resident of a county that is adjacent to or 1 10 corners the county in which the district is located. 1 11 Sec. 2. Section 468.510, Code 2009, is amended to read as 1 12 follows: 1 13 468.510 QUALIFICATIONS OF VOTERS. 1 14 Each landowner eighteen years of age or over without regard 1 15 to sex and any railway or other corporation owning land in 1 16 said district assessed for benefits shall be entitled to one 1 17 vote only, except as provided in section 468.511. 1 18 Sec. 3. Section 468.511, subsection 1, Code 2009, is 1 19 amended to read as follows: 1 20 1. When a petition asking for the right to vote in 1 21 proportion to assessment of benefits at all elections for any 1 22 purpose thereafter to be held within said district, signed by 1 23 a majority of the landowners owning land within said district 1 24 assessed for benefits, is filed with the board of trustees, 1 25 then, in all elections of trustees thereafter held within said 1 26 district, any person whose land is assessed for benefits 1 27 without regard to age, sex, or condition shall be entitled to 1 28 one vote for each ten dollars or fraction thereof of the 1 29 original assessment under the current classification against 1 30 the land actually owned by the person in said district at the 1 31 time of the election, but in order to have such ballot counted 1 32 for more than one vote the voter shall write the voter's name 1 33 upon the ballot. The vote of any landowner of the district 1 34 may be cast by absent voters ballot as provided in chapter 53 1 35 except that the form of the applications for ballots, the 2 1 voters' affidavits on the envelopes, and the endorsement of 2 2 the carrier envelope for preserving the ballot shall be 2 3 substantially in the form provided in subsections 2, 3 and 4, 2 4 below. Application blanks, envelopes and ballots shall be 2 5 provided by and submitted to the office of the county auditor 2 6 in which the election is held. The cost of such blanks, 2 7 envelopes, ballots and postage shall be paid by the district. 2 8 For the purpose of this subchapter all landowners of the 2 9 district shall be considered qualified voters, regardless of 2 10 their place of residence. 2 11 Sec. 4. Section 468.512, Code 2009, is amended to read as 2 12 follows: 2 13 468.512 VOTE BY AGENT. 2 14 Except where the provisions of section 468.511, providing 2 15 for vote in proportion to assessment are invoked, any A person 2 16 or corporation owning land or right of way within the district 2 17 and assessed for benefits may have the person's or the 2 18 corporation's vote cast by the person's or the corporation's 2 19 agent or proxy authorized to cast such vote by a power of 2 20 attorney signed and acknowledged by such person or 2 21 corporation, and filed before such vote is cast in the 2 22 auditor's office of the county in which such election is held. 2 23 Every such power of attorney shall specify the particular 2 24 election for which it is to be used, indicating the day, 2 25 month, and year of such election, and shall be void for all 2 26 elections subsequently held. The vote of the owner of any 2 27 land in a drainage or levee district in any election, where 2 28 the vote is not determined by assessment, may be cast by 2 29 absent voters ballot in the same manner and form and subject 2 30 to the same rights and restrictions as is provided in section 2 31 468.511 relating to vote by absentee ballot when votes are 2 32 determined by assessment. 2 33 EXPLANATION 2 34 Code chapter 468, subchapter III, provides for the 2 35 management of drainage or levee districts by a board of 3 1 trustees elected by landowners in the district. 3 2 Code section 468.506 provides for the eligibility of 3 3 trustees, including by requiring that each trustee be (1) an 3 4 owner of agricultural land in the district, and a resident of 3 5 the county in which the district is located or a county which 3 6 is contiguous or corners the district; (2) an owner of 3 7 nonagricultural land in the district and a resident of that 3 8 district; (3) a stockholder of a family farm corporation and a 3 9 resident of the county in which the district is located or a 3 10 county which is contiguous to or corners on the county; or (4) 3 11 in a district in which 85 percent of the district is in the 3 12 corporate limits of a city, an owner of benefited land in the 3 13 district. This bill rewrites the section to provide that each 3 14 trustee must own land in the district and be a resident of the 3 15 county in which the district is located or a resident of a 3 16 county that is adjacent to or corners that county. 3 17 Code section 468.510 provides that each landowner in the 3 18 district who is at least 18 years old or corporations are 3 19 entitled to one vote, with one exception provided in Code 3 20 section 468.511, which in part allows landowners to vote in 3 21 proportion of their assessment of benefits at all elections 3 22 within the district. The bill eliminates that exception. 3 23 LSB 1230SS 83 3 24 da/rj/14.2
Text: SF19            Text: SF21 Complete Bill History