(HB 1226)
Water project district voter qualifications revised.
Section
1.
That chapter
46A-18
be amended by adding thereto a NEW SECTION to read as
follows:
Section
2.
That
§
46A-18-14
be amended to read as follows:
46A-18-14.
The Board of Water and Natural Resources, within ninety days from the receipt
of a petition, or within ninety days from the time funds become available to defray the cost of an
investigation, shall determine
if
whether
the proposed project is feasible and conforms to public
convenience and welfare. If the project is deemed not feasible or not conforming to public
convenience and welfare, the board shall dismiss the petition. If the board determines that the
project is feasible and conforms to public convenience and welfare, the board shall by resolution
approve the petition and call an election of the
qualified
voters of the proposed water project
district on the question of whether the proposed district should be established. The election shall
be held as provided in §§ 6-16-4 to 6-16-6, inclusive.
Section
3.
That
§
46A-18-23
be amended to read as follows:
46A-18-23.
Prior to
Before
May first of each year, on a date established by the directors, an
annual meeting of the district shall be held during which the
registered voters
qualified voters of
the district
shall elect, by ballot, under the direction of the secretary of the district, directors to
replace those whose terms have expired. Newly elected directors shall assume office at the time
of their election.
Section
4.
That
§
46A-18-46
be amended to read as follows:
46A-18-46.
No annual general tax levy, whether for annual district operation and maintenance
expense or for payment of long term obligations, may exceed one dollar per thousand dollars of
taxable valuation. No limitation
may apply
applies
to special assessments, except that special
assessments may not be used to pay an obligation beyond the current business year of the district
unless approved by an election of the affected landowners as provided in
§ 46A-18-45
§
§
46A-18-
45 and 46A-18-47
.
Section
5.
That
§
46A-18-47
be amended to read as follows:
46A-18-47.
In the election provided in § 46A-18-45,
registered voters
all qualified voters of
the district
are eligible to vote.
If
However, if
special assessments are proposed, only those
qualified voters of the district who are also
landowners subject to
such
the proposed
assessments
may vote.
If the financing proposal provides for both general tax levies and special assessments,
the votes applicable to the general tax and the votes applicable to the special assessments shall be
counted separately and accepted separately for purposes of determining the outcome of the
election.
Section
6.
That
§
46A-18-55
be amended to read as follows:
46A-18-55.
The directors may at any time call a special election
and submit to the qualified
voters of the district the question
to determine
whether additional taxes or special assessments may
be levied for the purpose of raising money for increased costs of district business or for a
supplemental plan of improvements over and above the initial plan of improvements.
Eligibility
to vote in the special election is determined in accordance with the provisions of
§
46A-18-47.