Assigned to GOV AS
PASSED BY COMMITTEE
Assigned to GOV AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
flood protection districts; divisions; electors
Purpose
Divides flood protection districts (districts) into three or five divisions. 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).
A qualified elector is a U.S. citizen, who is an Arizona resident, at least 18 years old, and not convicted of treason or a felony (A.R.S. § 16-101). Additionally, they 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Laws 2005, Chapter 257 repealed statute requiring the BOS to divide districts into three or five divisions that were nearly equal in size.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 a Director, who is an elector and landowner or a qualified elector, to be elected from each division.
2. Expands qualified electors eligible to vote 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.
3. Requires the BOS to divide a district into three or five divisions that are numbered consecutively and nearly equal in size.
4. Specifies when requested in the organizing petition, three directors who are electors and landowners in the district will be elected at large by the qualified electors.
5. States that qualified electors of a district are the same as the qualified electors for a drainage district, unless otherwise specified.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Removes the requirement that an elected Director of a division be a resident.
Senate Action
GOV 2/7/18 DPA 7-0-0
Prepared by Senate Research
February 8, 2018
JO/MG/lat