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House Engrossed Senate Bill |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SENATE BILL 1379 |
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AN ACT
amending section 48-2607, Arizona Revised Statutes; amending title 48, chapter 18, article 10, Arizona Revised Statutes, by adding section 48‑2816; relating to flood protection districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 48-2607, Arizona Revised Statutes, is amended to read:
48-2607. District divisions; number of directors; exception
A. When the boundaries of the proposed district are defined and established, the board of supervisors shall make an order dividing the district into three or five divisions as nearly equal in size as practicable, which shall be numbered consecutively. One director, who shall be an elector and a resident freeholder of the division, shall be elected as provided in this article by each division.
B. When requested in the petition, three directors, who shall be resident electors and freeholders of the district, shall be elected at large by the qualified electors of the district.
C. This section does not apply in the case of the division of a flood protection district as provided by section 48‑2816.
Sec. 2. Title 48, chapter 18, article 10, Arizona Revised Statutes, is amended by adding section 48-2816, to read:
48-2816. Flood protection districts; directors; qualification of electors
A. Notwithstanding section 48-2682, a district formed pursuant to this article shall be governed by a board of directors elected at large and consisting of either three or five directors. Any person who is eligible to vote in an election in the district as prescribed by subsection B of this section is eligible to serve as a director of the district.
B. To be eligible to vote in a district election, a person must be an owner of real property that is located within the boundaries of the district and on which all taxes have been paid as shown by the county tax roll immediately preceding the date of the election. In addition, the following apply:
1. For the purpose of organizing a new flood protection district after the effective date of this section, the qualifications of electors are the same as provided by this section.
2. The administrator or executor of the estate of a deceased person, and the guardian of a minor or incompetent person who is appointed and qualified under the laws of this state, may register and cast the vote of the estate or person represented by the administrator or executor.
3. The officer or agent of a corporation in whose name title to property in the district on which it has paid taxes as shown on the most recent tax roll and who is designated and authorized by a resolution of the corporate board of directors is eligible to vote and may register and cast the vote of the corporation.
4. The general partner of a partnership in whose name title to property in the district on which it has paid taxes as shown on the most recent tax roll and who is designated and authorized in writing by all of the general partners is eligible to vote and may register and cast the vote of the partnership.
5. The trustee of a trust, or if there is more than one trustee, a trustee who is designated and authorized in writing by all of the trustees, in whose name title to property in the district on which it has paid taxes as shown on the most recent tax roll is eligible to vote and may register and cast the vote of the trust.
6. The member or manager of a limited liability company who is designated and authorized in writing by the controlling members or managers of the limited liability company in whose name title to property in the district on which it has paid taxes as shown on the most recent tax roll is eligible to vote and may register and cast the vote of the limited liability company.
Sec. 3. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.