State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB1379: flood protection districts; divisions; electors

PRIME SPONSOR: Senator Pratt, LD 8

BILL STATUS: House Engrossed

 

Legend: BOS – Board of Supervisors District – Flood Protection District LLC – limited liability company Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☒ Emergency (40 votes) ☐ Fiscal NoteRelating to Flood Protection Districts.

Provisions

1.       Requires a District to be governed by a board of three or five directors elected at large. (Sec. 2)

2.       Specifies any person who is eligible to vote in an election is eligible to serve as a director. (Sec. 2)

3.       Specifies a person must be an owner of real property located in the District in which taxes have been paid to:

a.       be eligible to vote in a District election; and

b.       organize a new District. (Sec. 2)

4.       Allows an administrator or executor of the estate of a deceased person and the guardian of a minor or incompetent person as appointed by the State to register and cast a vote of the estate or person represented in a District election. (Sec. 2)

5.       Expands those who are eligible to register and cast a vote in a District election to include the following, provided the person is named on the property's title and is current on taxes:

a.       the designated officer or agent of a corporation;

b.       the designated general partner of a partnership;

c.        the trustee of a trust; and

d.       the designated member or manager of a LLC. (Sec. 2)

6.       Includes an emergency clause. (Sec. 3)

7.       Makes conforming changes. (Sec. 1, 2)

Current Law

A District is organized to develop protection or relief from overflow, washing waters or the threat of waters of any natural watercourse, stream, canyon or wash. A District is established when five or more title holders to improved lands subject to the flooding hazards file a petition with the county BOS (A.R.S. § 48-2811).

Person means a corporation, company, partnership, firm, association or society, as well as a natural person (A.R.S. § 1-215).

Additional Information

Laws 2005, Chapter 257 expanded the pool of qualified voters, required the county BOS to divide the Districts into three or five divisions, allowed any qualified voter to be elected as director of a division, and included a repeal date of January 1, 2016.

Laws 2012, Chapter 222 allowed landowners who do not live within the District's boundaries but who owned land and were registered to vote, to be elected as a director.

 

 

---------- DOCUMENT FOOTER ---------

Fifty-third Legislature                  SB 1379

Second Regular Session                               Version 3: House Engrossed

 

---------- DOCUMENT FOOTER ---------