HOUSE BILL NO. 352

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H0352......................................................by STATE AFFAIRS
HOUSING AUTHORITY - COMMISSIONERS - Amends existing law to increase the
number of commissioners that a governing body of a county or mayor of a
city may appoint to the board of housing authority commissioners; to
specify the term lengths of commissioners; to provide that the number of
commissioners may be altered upon resolution; to provide that the service
of a housing assistance recipient appointed as a commissioner pursuant to
federal law shall be contingent upon his continued receipt of housing
assistance; and to provide that a majority of the appointed commissioners
shall constitute a quorum.
                                                                        
03/06    House intro - 1st rdg - to printing
03/07    Rpt prt - to Loc Gov
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 68-0-2
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
      Sali, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
      Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Loertscher, Schaefer
    Floor Sponsor -- Deal
    Title apvd - to Senate
03/15    Senate intro - 1st rdg - to Loc Gov
03/20    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 30-0-5
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stennett,
      Thorne, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Brandt, Lodge, Noh, Stegner, Wheeler
    Floor Sponsor -- Thorne
    Title apvd - to House
03/23    To enrol - rpt enrol - Sp signed
03/26    Pres signed - to Governor
03/28    Governor signed
         Session Law Chapter 257
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 352
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LOCAL GOVERNMENT HOUSING AUTHORITIES;  AMENDING  SECTION  31-4210,
  3        IDAHO  CODE, TO INCREASE THE NUMBER OF COMMISSIONERS A GOVERNING BODY OF A
  4        COUNTY MAY APPOINT TO THE BOARD OF  HOUSING  AUTHORITY  COMMISSIONERS,  TO
  5        SPECIFY TERM LENGTHS FOR COMMISSIONERS, TO PROVIDE THAT THE NUMBER OF COM-
  6        MISSIONERS MAY BE ALTERED UPON RESOLUTION BY A GOVERNING BODY OF A COUNTY,
  7        TO PROVIDE THAT THE SERVICE OF A HOUSING ASSISTANCE RECIPIENT APPOINTED AS
  8        A  COMMISSIONER  PURSUANT TO FEDERAL LAW SHALL BE CONTINGENT UPON HIS CON-
  9        TINUED RECEIPT OF HOUSING ASSISTANCE AND TO PROVIDE THAT A MAJORITY OF THE
 10        APPOINTED COMMISSIONERS SHALL CONSTITUTE A QUORUM;  AND  AMENDING  SECTION
 11        50-1910, IDAHO CODE, TO INCREASE THE NUMBER OF COMMISSIONERS THE MAYOR MAY
 12        APPOINT  TO  THE BOARD OF HOUSING AUTHORITY COMMISSIONERS, TO SPECIFY TERM
 13        LENGTHS FOR COMMISSIONERS, TO PROVIDE THAT THE NUMBER OF COMMISSIONERS MAY
 14        BE ALTERED UPON RESOLUTION BY A GOVERNING BODY OF A CITY, TO PROVIDE  THAT
 15        THE  SERVICE OF A HOUSING ASSISTANCE RECIPIENT APPOINTED AS A COMMISSIONER
 16        PURSUANT TO FEDERAL LAW SHALL BE CONTINGENT UPON HIS CONTINUED RECEIPT  OF
 17        HOUSING ASSISTANCE AND TO PROVIDE THAT A MAJORITY OF THE APPOINTED COMMIS-
 18        SIONERS SHALL CONSTITUTE A QUORUM.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION  1.  That  Section 31-4210, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        31-4210.  COMMISSIONERS -- APPOINTMENT -- QUALIFICATIONS -- TENURE. When a
 23    governing body of a county adopts a resolution as aforesaid, it shall  appoint
 24    five  (5)  or  seven (7) persons as commissioners of the authority created for
 25    said county. Commissioners of the authority shall  serve  terms  of  five  (5)
 26    years.  If the governing body of a county appoints five (5) persons as commis-
 27    sioners of the authority, tThe commissioners who are first appointed shall  be
 28    designated  to  serve  for terms of one (1), two (2), three (3), four (4), and
 29    five (5) years, except that all vacancies shall be filled  for  the  unexpired
 30    term.  If the governing body of a county appoints seven (7) persons as commis-
 31    sioners of the authority, the commissioners who are first appointed  shall  be
 32    designated  to serve terms as follows: one (1) commissioner for a one (1) year
 33    term, two (2) commissioners for two (2) year terms, two (2) commissioners  for
 34    three  (3)  year  terms, one (1) commissioner for a four (4) year term and one
 35    (1) commissioner for a five (5) year term, except that all vacancies shall  be
 36    filled  for  the  unexpired  term.  Upon  resolution  by a governing body of a
 37    county, after an authority has been created with either five (5) or seven  (7)
 38    commissioners,  the  number of commissioners may be increased from five (5) to
 39    seven (7) or reduced from seven (7)  to  five  (5).  No  commissioner  of  any
 40    authority  may be an officer or employee of the county for which the authority
 41    is created. A commissioner shall hold office  until  his  successor  has  been
 42    appointed  and qualified. A certificate of appointment or reappointment of any
 43    commissioner shall be filed with the clerk and such certificate shall be  con-
                                                                        
                                           2
                                                                        
  1    clusive  evidence  of the due and proper appointment of such commissioner. The
  2    service of a housing assistance recipient appointed as a commissioner pursuant
  3    to 42 U.S.C. section 1437(b) shall be contingent upon his continued receipt of
  4    housing assistance. A commissioner shall receive no compensation for his  ser-
  5    vices  for the authority in any capacity, but he shall be entitled to the nec-
  6    essary expenses, including travel expenses, incurred in the discharge  of  his
  7    duties.
  8        The  powers  of each authority shall be vested in the commissioners. Three
  9    (3) A majority of the appointed commissioners shall constitute a quorum of the
 10    authority for the purpose of conducting its business and exercising its powers
 11    and for all other purposes. Action may be taken by the authority upon  a  vote
 12    of  a majority of the commissioners present. The bylaws of the authority shall
 13    designate which of the commissioners appointed shall be the first chairman and
 14    such chairman shall serve in the capacity of chairman until the expiration  of
 15    his  term  of  office  as commissioner. When the office of the chairman of the
 16    authority thereafter becomes vacant, the commissioners shall select a chairman
 17    from their number, a vice chairman, and may employ a secretary,  an  executive
 18    director  who shall serve as an at-will employee of the commissioners, techni-
 19    cal experts and such other officers, agents and employees, permanent and  tem-
 20    porary,  as  it  may require, and shall determine their qualifications, duties
 21    and compensation. For such legal services as it may require, an authority  may
 22    call upon the prosecuting attorney of the county or may employ its own counsel
 23    and legal staff. An authority may delegate to one (1) or more of its agents or
 24    employees such powers or duties as it may deem proper.
                                                                        
 25        SECTION  2.  That  Section 50-1910, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        50-1910.  APPOINTMENT, QUALIFICATIONS AND TENURE  OF  COMMISSIONERS.  When
 28    the  governing  body  of  a  city  adopts  a resolution as aforesaid, it shall
 29    promptly notify the mayor of such adoption. Upon receiving  such  notice,  the
 30    mayor  shall appoint, with the approval of the city council, five (5) or seven
 31    (7) persons as commissioners of the authority created for said  city.  Commis-
 32    sioners  of  the  authority  shall  serve  five  (5)  year terms. If the mayor
 33    appoints, with the approval of the city council, five (5) persons  as  commis-
 34    sioners of the authority, tThe commissioners, who are first appointed shall be
 35    designated  to  serve  for terms of one (1), two (2), three (3), four (4), and
 36    five (5) years, except that all vacancies shall be filled  for  the  unexpired
 37    term.  If the mayor appoints, with the approval of the city council, seven (7)
 38    persons as commissioners of the authority, the  commissioners  who  are  first
 39    appointed  shall be designated to serve terms as follows: one (1) commissioner
 40    for a one (1) year term, two (2) commissioners for two (2) year terms, two (2)
 41    commissioners for three (3) year terms, one (1) commissioner for  a  four  (4)
 42    year  term  and one (1) commissioner for a five (5) year term, except that all
 43    vacancies shall be filled for the unexpired term. Upon resolution by a govern-
 44    ing body of a city, after an authority has been created with either  five  (5)
 45    or  seven (7) commissioners, the number of commissioners may be increased from
 46    five (5) to seven (7) or reduced from seven (7) to five (5).  No  commissioner
 47    of  any  authority  may  be  an  officer or employee of the city for which the
 48    authority is created. A commissioner shall hold office until his successor has
 49    been appointed and been qualified. A certificate of the appointment  or  reap-
 50    pointment  of any commissioner shall be filed with the clerk and such certifi-
 51    cate shall be conclusive evidence of the due and proper  appointment  of  such
 52    commissioner.  The  service  of  a housing assistance recipient appointed as a
 53    commissioner pursuant to 42 U.S.C. section 1437(b) shall  be  contingent  upon
                                                                        
                                           3
                                                                        
  1    his  continued  receipt of housing assistance. A commissioner shall receive no
  2    compensation for his services for the authority in any capacity, but he  shall
  3    be  entitled to the necessary expenses, including travel expenses, incurred in
  4    the discharge of his duties.
  5        The powers of each authority shall be vested in the  commissioners.  Three
  6    (3) A majority of the appointed commissioners shall constitute a quorum of the
  7    authority for the purpose of conducting its business and exercising its powers
  8    and  for  all other purposes. Action may be taken by the authority upon a vote
  9    of a majority of the commissioners present. The bylaws of the authority  shall
 10    designate which of the commissioners appointed shall be the first chairman and
 11    such  chairman shall serve in the capacity of chairman until the expiration of
 12    his term of office as commissioner. When the office of  the  chairman  of  the
 13    authority thereafter becomes vacant, the commissioners shall select a chairman
 14    from  their  number, a vice chairman, and may employ a secretary, an executive
 15    director who shall serve as an at-will employee of the commissioners,  techni-
 16    cal  experts and such other officers, agents and employees, permanent and tem-
 17    porary, as it may require, and shall determine  their  qualifications,  duties
 18    and  compensation. For such legal services as it may require, an authority may
 19    call upon the city attorney of the city or may  employ  its  own  counsel  and
 20    legal  staff.  An  authority  may delegate to one (1) or more of its agents or
 21    employees such powers or duties as it may deem proper.

Statement of Purpose / Fiscal Impact


                STATEMENT OF PURPOSE

                      RS 11228

Amends existing law to allow counties and cities to appoint five

(5) or seven (7) commissioners to a county or city housing 
authority. Clarifies that commissioners serve terms of five 
years. Specifies the initial terms of commissioners of 
authorities with seven (7) commissioners. Specifies that 
counties or cities may later change the number of commissioners 
from five (5) to seven (7) and from seven (7) to five (5). 
Amends the requirement for a quorum of the authority.




FISCAL IMPACT



There is no fiscal impact to the state general fund or other state 
funds. There is no fiscal impact on local governments.


Contact
Name:	Rep. Bill Deal Sen. Jerry Thorne
Phone:	308/332-1000





STATEMENT OF PURPOSE/FISCAL NOTE           H 352