Assigned to GOV AS
PASSED BY HOUSE
Assigned to GOV AS
PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
flood protection districts; divisions; electors
Purpose
An emergency measure that reestablishes flood protection districts (districts) and outlines voter eligibility for district elections.
Background
When lands are menaced or threatened by the normal flow, flood or overflow waters of any natural watercourse, five or more holders of title or evidence of title to improved lands may present a petition to their Board of Supervisors (BOS) to form a district. The petition must include the proposed boundaries of the district and follows the same requirements as a drainage district (A.R.S. § 48-2811). Upon approval of the petition, an election must be held in the county for qualified electors to decide on whether to establish that district (A.R.S. § 48-2608).
In order to be eligible to vote a person must be an owner of real property located within the boundaries of the district on which taxes have been paid as shown by the county tax roll preceding the election date (A.R.S. § 48-2609).
Laws 2005, Chapter 257 repealed statute requiring the BOS to divide districts into three or five divisions that were nearly equal in size. One Director was elected from each of these divisions.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires districts to be governed by a board of directors elected at large consisting of either three or five directors.
2. Specifies that any person who is eligible to vote in a district election may serve as a director.
3. Specifies a person eligible to vote in a district election must be an owner of real property, on which all taxes have been paid, that is located within the boundaries of the district.
4. Expands eligible voters in a district election to include the following:
a) an administrator or executor of the estate of a deceased person, and the guardian of a minor or incompetent person;
b) an officer or agent of a corporation authorized by the board of directors;
c) a general partner of a partnership authorized by all the general partners;
d) a trustee of a trust or designated trustee; or
e) a designated member or manager of a limited liability company.
5. Makes conforming changes.
6. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by Committee
· Removes the requirement that an elected Director of a division be a resident.
Amendments Adopted by the House of Representatives
1. Requires districts to be governed by a board of directors consisting of three or five directors.
2. Specifies that any person who is eligible to vote in a district election may serve as a director.
3. Prescribes who is eligible to vote in a district election.
4. Adds an emergency clause.
Senate Action House Action
GOV 2/7/18 DPA 7-0-0 LARA 3/15/18 DPA 9-0-0-0
3rd Read 2/21/18 30-0-0 3rd Read 4/4/18 59-0-1
Prepared by Senate Research
April 5, 2018
JO/MG/lat