SENATE BILL NO. 1424

View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and Underline. Text to be removed has been marked with Strikethrough and Italic. How these codes are actually displayed will vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating text to be removed.

Bill Status



S1424..........................................by RESOURCES AND ENVIRONMENT
IRRIGATION DISTRICTS - Amends existing law relating to irrigation
districts; to provide for preliminary studies relating to the feasibility,
costs and expenses of proposed local improvement districts; to revise
provisions relating to the publication of notices regarding the creation of
local improvement districts and assessment rolls; to revise provisions
relating to the continuation of hearings for the consideration of protests
regarding the creation of local improvement districts; and to provide for
the recommencement of initiation of local improvement districts.

02/11    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Res/Env
02/28    Rpt out - rec d/p - to 2nd rdg
02/29    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 27-6-2
      AYES -- Andreason, Bair, Bastian, Broadsword, Cameron, Coiner,
      Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKague,
      McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stennett
      NAYS -- Bilyeu, Burkett, Kelly, Langhorst, Malepeai(Sagness), Werk
      Absent and excused -- Gannon, Stegner
    Floor Sponsor - Coiner
    Title apvd - to House
03/04    House intro - 1st rdg - to Res/Con
03/14    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 62-4-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Jaquet, King, Kren, Labrador, Lake, Loertscher, Marriott,
      Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Patrick, Pence, Raybould, Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
      Snodgrass, Stevenson, Thayn, Thomas, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- Durst, LeFavour, Luker, Ringo
      Absent and excused -- Crane, Henderson, Killen, Trail
    Floor Sponsor - Stevenson
    Title apvd - to Senate
03/20    To enrol - Rpt enrol - Pres signed
03/21    Sp signed
03/24    To Governor
03/28    Governor signed
         Session Law Chapter 301
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1424

                           BY RESOURCES AND ENVIRONMENT COMMITTEE

  1                                        AN ACT
  2    RELATING TO IRRIGATION DISTRICTS; AMENDING SECTION  43-2504,  IDAHO  CODE,  TO
  3        PROVIDE  FOR  PRELIMINARY  STUDIES  RELATING TO THE FEASIBILITY, COSTS AND
  4        EXPENSES OF PROPOSED LOCAL IMPROVEMENT DISTRICTS, TO PROVIDE FOR THE COSTS
  5        OF PRELIMINARY STUDIES AND TO PROVIDE THAT PETITIONS FOR LOCAL IMPROVEMENT
  6        DISTRICTS  SHALL  INCLUDE  CERTAIN  ACKNOWLEDGMENTS;  AMENDING     SECTION
  7        43-2506,  IDAHO  CODE, TO REVISE PROVISIONS RELATING TO THE PUBLICATION OF
  8        NOTICES OF INTENTION REGARDING THE  CREATION  OF  LOCAL  IMPROVEMENT  DIS-
  9        TRICTS;  AMENDING SECTION 43-2507, IDAHO CODE, TO REVISE PROVISIONS RELAT-
 10        ING TO THE CONTINUATION OF HEARINGS  FOR  THE  CONSIDERATION  OF  PROTESTS
 11        REGARDING  THE  CREATION OF LOCAL IMPROVEMENT DISTRICTS AND TO PROVIDE FOR
 12        THE RECOMMENCEMENT OF  INITIATION  OF  LOCAL  IMPROVEMENT  DISTRICTS;  AND
 13        AMENDING  SECTION    43-2511, IDAHO CODE, TO REVISE PROVISIONS RELATING TO
 14        THE PUBLICATION OF NOTICES OF HEARING REGARDING ASSESSMENT ROLLS.

 15    Be It Enacted by the Legislature of the State of Idaho:

 16        SECTION 1.  That Section 43-2504, Idaho Code, be, and the same  is  hereby
 17    amended to read as follows:

 18        43-2504.  INITIATION  OF  ORGANIZATION  OF LOCAL IMPROVEMENT DISTRICT. The
 19    organization of any local improvement district herein provided for may be ini-
 20    tiated upon a petition signed by not less than  sixty  percent  (60%)  of  the
 21    owners  of  property  subject to assessment within such local improvement dis-
 22    trict, or by resolution of the board adopted  by  an  affirmative  vote  of  a
 23    majority  of  the  members  of  the full board at a regular or special meeting
 24    thereof. The terms of a petition shall include a description of the boundaries
 25    of a proposed local improvement district, the improvements to be made and  the
 26    property to be assessed.
 27        The  board may, in its discretion, authorize a preliminary study to deter-
 28    mine the feasibility and costs and expenses of a  proposed  local  improvement
 29    district  and  pay  for such study out of the general fund of the district. In
 30    the event the local improvement district is formed, the cost of the study  may
 31    be  included  in  the  cost of the local improvement district and added to the
 32    assessment roll. In the event the local improvement district  is  not  formed,
 33    for  any  reason, the board may authorize the cost of the study to be added to
 34    the general assessment rolls of the district as to  the  property  within  the
 35    proposed local improvement district.
 36        In  the  alternative,  the board may, in its discretion, as a condition of
 37    the board proceeding further with the formation of the local improvement  dis-
 38    trict,  require  the  petitioners  to  provide to the district a deposit in an
 39    amount determined in the board's discretion to pay for a preliminary study  of
 40    the proposed local improvement district to determine the feasibility and costs
 41    and expenses of the project.
 42        The  petition  shall include an acknowledgment by the petitioners that the
 43    district may require the petitioners to provide to the district a  deposit  in

                                       2

  1    an  amount determined in the board's discretion to pay for a preliminary study
  2    or that the board may, in its discretion, authorize the cost of the  study  to
  3    be paid out of the general fund of the district, with the cost of the study to
  4    be  included  in  the  cost of the local improvement district and added to the
  5    assessment roll if one is formed or to be  added  to  the  general  assessment
  6    rolls of the district as to the property within the proposed local improvement
  7    district if the local improvement district is not formed.

  8        SECTION  2.  That  Section 43-2506, Idaho Code, be, and the same is hereby
  9    amended to read as follows:

 10        43-2506.  NOTICE OF INTENTION AND HEARING. The notice of  intention  shall
 11    be  published  in  the  official newspaper of the district. If the district is
 12    located in more than one (1) county, the notice of intention may be  published
 13    only  in  the  county  where the property to be assessed in the proposed local
 14    improvement district is located. Publication shall be in three (3) consecutive
 15    issues if a daily newspaper, or in two (2) issues if a weekly newspaper or  in
 16    case  no  newspaper is published in such district then by posting for five (5)
 17    days in three (3) public places within the  proposed  local  improvement  dis-
 18    trict.  A  copy  of  such notice shall be mailed to each owner of property, if
 19    known, or his agent, if  known,  within  the  limits  of  the  proposed  local
 20    improvement  district,  addressed to such person at his post office address if
 21    known, or if unknown, to a post office in the district where  the  improvement
 22    is to be made. Ownership of property shall be determined as of the date of the
 23    adoption  of  the resolution of intent to create. The hearing shall take place
 24    not less than ten (10) days from the date of the first of said publications or
 25    postings or the date of said mailing, whichever is later.

 26        SECTION 3.  That Section 43-2507, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:

 28        43-2507.  PROTESTS  AND  HEARINGS. Any owner of property to be assessed in
 29    the proposed local improvement district described in the notice  of  intention
 30    shall  have  the right, in advance of the hearing, to file, in writing, a pro-
 31    test to the creation of the district or making any other objections  in  rela-
 32    tion thereto. At the date, time and place specified in the notice of intention
 33    the  board shall, in open and public session, consider all protests which have
 34    been filed in writing in advance of  the  hearing,  and  the  hearing  may  be
 35    adjourned  from  time  to  time one (1) or more times at the discretion of the
 36    board to a fixed future time and place for the same, by publicly announcing at
 37    the hearing the continued date and time  for  such  hearing,  until  all  such
 38    protests have been heard. No further or additional notice of any kind shall be
 39    required.  At any continued hearing, the board shall not consider any protests
 40    that were filed after the original hearing date. The decision of the board  as
 41    to  all protests shall be conclusive and final, and if it should so determine,
 42    the board may delete any improvements on any  property  which  had  originally
 43    been  contemplated in the said notice. If owners of more than two-thirds (2/3)
 44    of the property to be assessed protest any of the proposed improvements  which
 45    affect  their  property,  the board shall not proceed further with the work so
 46    protested unless a majority of the members of the full  board  shall  vote  to
 47    proceed  with such work. The vote on the hereinafter mentioned resolution cre-
 48    ating the local improvement district shall constitute the vote as  to  whether
 49    or  not the board will proceed. Any property owner who fails to file a protest
 50    within the time specified, or having filed one withdraws said  protest,  shall
 51    be  deemed  to have waived any objection to the creation of the local improve-

                                       3

  1    ment district, the making of the improvements, and the inclusion of his  prop-
  2    erty  in  the  local  improvement district. Such waiver shall not preclude his
  3    right to object to the amount of the assessment at the later hearing  provided
  4    for such purpose.
  5        In  cases  where written protests are filed and sixty percent (60%) of the
  6    owners or the owners of two-thirds (2/3) of the lots  and  lands  within  such
  7    proposed  local improvement district have signed such protest, the board shall
  8    not be allowed to proceed with the  creation of the local improvement district
  9    for a period of one hundred eighty (180) days. During this one hundred  eighty
 10    (180)  day period, the city council shall act as a review board for as much of
 11    the proposed local improvement district as is situated within  the  boundaries
 12    of any city, and the board of county commissioners shall act as a review board
 13    for  that  portion  of  the proposed local improvement district as is situated
 14    within the unincorporated portion of the county. As a review board,  the  city
 15    council  or  board of county commissioners shall review the record of the pro-
 16    posal, including conformance with procedural provisions of law. The city coun-
 17    cil or board of county commissioners shall  also  evaluate  the  necessity  or
 18    desirability  of  the proposed local improvement district, and shall take into
 19    consideration the creation of the proposed local improvement  district  as  it
 20    relates  to  the  financial  impact  of the creation and implementation of the
 21    objectives of the proposed local improvement district upon the property owners
 22    within the proposed local improvement district, especially in light  of  proj-
 23    ects  recently  undertaken or contemplated for the near future within the dis-
 24    trict.
 25        After its evaluation, the city council shall approve, modify or reject the
 26    proposal for the creation of a local improvement district for as much  of  the
 27    proposed  district  as  is situated within the boundaries of the city, and the
 28    board of county commissioners shall approve, modify or reject the proposal for
 29    the creation of a local improvement district for as much of the proposed  dis-
 30    trict  as  is  situated  within the unincorporated portion of the county After
 31    expiration of the one hundred  eighty  (180)  day  period,  the  district  may
 32    recommence  the  initiation of a local improvement district as originally pro-
 33    posed or as modified as provided in this chapter.

 34        SECTION 4.  That Section 43-2511, Idaho Code, be, and the same  is  hereby
 35    amended to read as follows:

 36        43-2511.  NOTICE  OF HEARING ON ASSESSMENT ROLL. After the board fixes the
 37    time and place for said hearing on the assessment roll, the secretary  of  the
 38    district  shall  give  notice by publication in the official newspaper of such
 39    district. If the district is located in more than one (1) county,  the  notice
 40    may  be  published  only  in  the  county where the property to be assessed is
 41    located. Publication shall be in three (3) successive issues if published in a
 42    daily newspaper, or by publication in two (2) issues if published in a  weekly
 43    newspaper,  the first of which publication shall be at least fifteen (15) days
 44    before the date fixed for hearing objections to  said  assessment  roll,  that
 45    such  assessment roll is on file in his office. The notice shall further state
 46    the date, time and place at which the board will hear and consider  objections
 47    to  the assessment roll by the parties aggrieved by such assessments. The sec-
 48    retary shall, not less than fifteen (15) days before the date fixed for  hear-
 49    ing objections to said assessment roll, mail a substantially similar notice to
 50    each  owner  of property if known, or his agent if known, within the limits of
 51    the local improvement district, addressed to such person at  his  post  office
 52    address if known, or if unknown, to the post office in such district where the
 53    improvement  is  to  be made. The mailed notice shall also state the amount of

                                       4

  1    the individual assessment and that at the specified time and place  the  board
  2    will  hold a hearing to hear and determine all objections to the regularity of
  3    the proceedings in making such assessment, the correctness of the  assessment,
  4    and the amount levied on the particular lot or parcel in relation to the bene-
  5    fits accruing thereon and in relation to the proper proportionate share of the
  6    total  cost  of  the  improvements in the project. It shall further state that
  7    each owner of property within the district is given notice  that  in  revising
  8    the  assessment  roll  at  or  after  the  hearing, the board may increase any
  9    assessment or assessments up to twenty percent (20%) of  the  original  amount
 10    thereof  without  giving further notice and holding a new hearing thereon. The
 11    owner or owners of any property which is assessed  in  such  assessment  roll,
 12    whether named or not in such roll, may, before the date and time fixed for the
 13    hearing, file with the secretary his objections in writing to said assessment.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17836

This legislation would allow people who live in irrigation districts
to have better access to irrigation water that is appurtenant to their
property, but which is not currently accessible.  This would be
accomplished by improving the ability of irrigation districts to form
local improvement districts to provide for such water supplies through
connection or reconnection to the irrigation system of the irrigation
district.  Irrigation districts would be allowed to authorize a
preliminary study to determine the feasibility and costs of a local
improvement district.  This legislation further clarifies that
irrigation districts located in more than one county may publish
notice only in the county where the proposed local improvement
district is to be located.  Hearings on protests could be continued
without further publication and only protests filed before the
original hearing may be considered.  The legislation also provides for
suspension of further consideration of a petition to establish a local
improvement district in the event that a sufficient number of protests
are received.


                           FISCAL NOTE

There will be no fiscal impact with this legislation.





Contact
Name: Senator Charles Coiner 
Phone: 208-332-1000
Representative John "Bert" Stevenson
Phone: 208-332-1000
Norm Semanko   Idaho Water Users Association
Phone: 208-344-6690


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1424