Bill Text: IA HF538 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the powers and governance of benefited recreational lake districts, water quality districts, and combined recreational lake and water quality districts. (Formerly HSB 163) (See Cmte. Bill HF 687)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF538 Detail]
Download: Iowa-2011-HF538-Introduced.html
House
File
538
-
Introduced
HOUSE
FILE
538
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HSB
163)
A
BILL
FOR
An
Act
relating
to
the
powers
and
governance
of
benefited
1
recreational
lake
districts,
water
quality
districts,
and
2
combined
recreational
lake
and
water
quality
districts.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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538
Section
1.
Section
357E.1,
subsection
3,
Code
2011,
is
1
amended
to
read
as
follows:
2
3.
“District”
means
a
benefited
recreational
lake
district
3
or
a
water
quality
district
or
a
combined
district
incorporated
4
as
a
public
entity
and
organized
pursuant
to
this
chapter
.
5
Sec.
2.
Section
357E.9,
Code
2011,
is
amended
to
read
as
6
follows:
7
357E.9
Trustees
——
term
and
qualification.
8
1.
a.
At
the
election,
the
names
of
at
least
three
seven
9
candidates
for
trustee
shall
be
written
in
by
the
voters
on
10
blank
ballots
without
formal
nomination
and
the
board
of
11
supervisors
shall
appoint
three
seven
from
among
the
five
nine
12
receiving
the
highest
number
of
votes
as
trustees
for
the
13
district.
One
trustee
Three
trustees
shall
be
appointed
to
14
serve
for
one
year,
one
two
for
two
years,
and
one
two
for
three
15
years.
The
trustees
shall
give
bond
in
the
amount
required
by
16
the
board,
the
premium
of
which
shall
be
paid
by
the
district.
17
The
trustees
must
be
residents
of
the
district
or
be
property
18
owners
within
the
district
.
Vacancies
shall
be
filled
by
19
election,
but
if
there
are
no
candidates
for
a
trustee
office,
20
the
vacancy
may
be
filled
by
appointment
by
the
board.
The
21
terms
of
the
succeeding
trustees
are
for
three
years.
22
b.
For
districts
in
existence
on
July
1,
2011,
the
number
23
of
trustees,
other
than
those
appointed
under
subsection
2,
24
shall
be
increased
from
three
trustees
to
seven
trustees.
For
25
the
initial
seven-member
board
under
this
paragraph,
the
board
26
of
supervisors
shall
appoint
four
trustees.
One
trustee
shall
27
be
appointed
to
serve
for
one
year,
one
for
two
years,
and
two
28
for
three
years.
The
term
of
each
trustee
appointed
under
this
29
paragraph
shall
expire
on
the
same
date
as
the
term
of
the
30
current
trustee
whose
term
expires
during
the
same
year.
31
2.
If
the
state
owns
at
least
four
hundred
acres
of
land
32
contiguous
to
a
lake
within
the
district,
the
natural
resource
33
commission
shall
appoint
two
members
of
the
board
of
trustees
34
in
addition
to
the
three
seven
members
provided
in
this
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section
.
The
additional
two
members
must
be
citizens
of
the
1
state,
not
less
than
eighteen
years
of
age,
and
property
owners
2
within
the
district.
The
two
additional
members
have
voting
3
and
other
authority
equal
to
the
other
members
of
the
board
and
4
hold
office
at
the
pleasure
of
the
natural
resource
commission.
5
Sec.
3.
Section
357E.11,
Code
2011,
is
amended
by
striking
6
the
section
and
inserting
in
lieu
thereof
the
following:
7
357E.11
Bonds
and
indebtedness.
8
1.
A
district
may
borrow
money
for
its
corporate
purposes,
9
but
shall
not
become
indebted
in
any
manner
or
for
any
purpose
10
to
an
amount
in
the
aggregate
exceeding
five
percent
on
the
11
value
of
the
taxable
property
within
the
district,
to
be
12
ascertained
by
the
last
state
and
county
tax
lists
previous
to
13
the
incurring
of
the
indebtedness.
Indebtedness
within
this
14
limit
shall
not
include
the
indebtedness
of
any
other
municipal
15
corporation
located
wholly
or
partly
within
the
boundaries
of
16
the
district.
17
2.
A
district
shall
have
the
same
powers
to
issue
bonds,
18
including
both
general
obligation
and
revenue
bonds,
that
19
cities
have
under
the
laws
of
this
state,
including
but
not
20
limited
to
chapter
76,
section
384.4,
and
sections
384.23
21
through
384.94.
The
bonds
shall
be
made
payable
at
the
place
22
and
be
of
the
form
as
the
board
of
trustees
shall
by
resolution
23
designate.
In
the
application
of
the
laws
to
this
chapter,
the
24
words
used
in
the
laws
referring
to
municipal
corporations
or
25
to
cities
shall
be
held
to
include
districts
organized
under
26
this
chapter;
the
words
“council”
or
“city
council”
shall
be
27
held
to
include
the
board
of
trustees
of
a
district;
the
words
28
“mayor”
and
“clerk”
shall
be
held
to
include
the
president
and
29
clerk
of
a
board
of
trustees;
and
like
construction
shall
be
30
given
to
any
other
words
in
the
laws
where
required
to
permit
31
the
exercise
of
the
powers
by
districts
under
this
section.
32
3.
An
indebtedness
shall
not
be
incurred
under
this
section
33
until
authorized
by
an
election.
The
election
shall
be
held
34
and
notice
given
in
the
same
manner
as
provided
in
section
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357E.8,
except
that
a
proposition
to
authorize
indebtedness
is
1
approved
if
sixty
percent
of
those
voting
on
the
proposition
2
vote
in
favor
of
the
proposition.
A
proposition
for
the
3
authorization
of
indebtedness
may
be
submitted
to
the
voters
at
4
the
same
election
as
the
election
under
section
357E.8.
5
EXPLANATION
6
This
bill
makes
changes
to
Code
chapter
357E
relating
to
7
benefited
recreational
lake
districts,
water
quality
districts,
8
and
combined
recreational
lake
and
water
quality
districts.
9
The
bill
specifies
that
districts
under
Code
chapter
357E
10
are
incorporated
as
public
entities.
11
The
bill
increases
from
three
to
seven
the
number
of
trustees
12
on
the
board
governing
a
benefited
recreational
lake
district,
13
water
quality
district,
or
combined
recreational
lake
and
14
water
quality
district,
other
than
the
two
trustees
who
may
15
be
appointed
by
the
natural
resource
commission
if
the
state
16
owns
a
certain
amount
of
land
contiguous
to
a
lake
within
the
17
district.
The
bill
makes
corresponding
changes
to
the
trustee
18
selection
procedure
for
newly
established
districts.
19
The
bill
also
provides
that
for
districts
in
existence
on
20
July
1,
2011,
the
board
of
supervisors
is
required
to
appoint
21
four
additional
trustees.
One
trustee
shall
be
appointed
to
22
serve
for
one
year,
one
for
two
years,
and
two
for
three
years.
23
Following
expiration
of
those
initial
appointments,
vacancies
24
are
filled
by
election.
25
Current
law
requires
trustees
to
be
residents
of
the
26
district.
The
bill
would
also
allow
property
owners
within
the
27
district
to
serve
as
trustees.
28
The
bill
strikes
and
replaces
Code
section
357E.11,
relating
29
to
a
district’s
authority
to
issue
bonds
in
anticipation
of
30
revenue.
New
Code
section
357E.11
authorizes
a
district
to
31
issue
bonds,
including
both
general
obligation
and
revenue
32
bonds,
in
the
same
manner
as
cities.
The
bill
provides
that
33
the
bonds
must
be
payable
at
the
place
and
be
of
the
form
34
designated
by
the
board
of
trustees.
The
bill
provides,
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