2006 Legislation
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HOUSE BILL NO. 576 – Irrigation dist, elections

HOUSE BILL NO. 576

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H0576.........................................by RESOURCES AND CONSERVATION
IRRIGATION DISTRICTS - Amends existing law relating to irrigation
districts; to revise filing requirements relating to written nominations
for the office of director; to revise publication requirements relating to
notices of certain irrigation district elections; and to revise provisions
relating to elections involving the question of a contract between a
district and the United States.
                                                                        
02/08    House intro - 1st rdg - to printing
02/09    Rpt prt - to Res/Con
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 64-1-5
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
      Lake, LeFavour, Martinez, Mathews, McGeachin, McKague, Miller,
      Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker),
      Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Loertscher
      Absent and excused -- Bedke, Brackett, Field(23), Schaefer, Wood
    Floor Sponsor - Stevenson
    Title apvd - to Senate
02/24    Senate intro - 1st rdg - to Res/Env
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Little
    Title apvd - to House
03/17    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - To Governor
03/22    Governor signed
         Session Law Chapter 124
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 576
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO IRRIGATION DISTRICTS; AMENDING  SECTION  43-201,  IDAHO  CODE,  TO
  3        REVISE  FILING REQUIREMENTS RELATING TO WRITTEN NOMINATIONS FOR THE OFFICE
  4        OF DIRECTOR AND TO MAKE A TECHNICAL CORRECTION; AMENDING  SECTION  43-401,
  5        IDAHO CODE, TO REVISE PUBLICATION REQUIREMENTS RELATING TO NOTICES OF CER-
  6        TAIN  IRRIGATION  DISTRICT  ELECTIONS; AND AMENDING SECTION 43-1808, IDAHO
  7        CODE, TO REVISE PROVISIONS RELATING TO ELECTIONS INVOLVING THE QUESTION OF
  8        A CONTRACT BETWEEN A DISTRICT AND THE UNITED STATES.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 43-201, Idaho Code, be, and the  same  is  hereby
 11    amended to read as follows:
                                                                        
 12        43-201.  ELECTION, TERM OF OFFICE, NOMINATIONS AND QUALIFICATIONS. Follow-
 13    ing  the organization of any district, an election shall be held in accordance
 14    with section 34-106, Idaho Code, at which shall be elected  one  (1)  director
 15    for  each  division of said district by the electors of the district at large.
 16    The term of office of the directors shall, immediately after the  first  elec-
 17    tion  following such organization, be selected by lot so that as nearly as may
 18    be, one-third (1/3) of the number shall hold office for the term  of  one  (1)
 19    year;  one-third  (1/3) for the term of two (2) years, and the balance for the
 20    term of three (3) years. And an election shall be  held  in  the  district  in
 21    accordance with section 34-106, Idaho Code, for each year thereafter, at which
 22    directors shall be elected to succeed those whose terms expire, to hold office
 23    for a term of three (3) years, or until their successors are elected and qual-
 24    ified.  Every director must be a qualified elector and a resident of the divi-
 25    sion of the director whom he is to succeed in office; provided that,  in  dis-
 26    tricts  of fifteen thousand (15,000) acres or less, the bylaws may, by resolu-
 27    tion of two-thirds (2/3) of the board and adoption by two-thirds (2/3) of  the
 28    electors  voting  in a district election conducted in accordance with the gen-
 29    eral election laws of the state applicable to irrigation districts, set  forth
 30    a  provision  allowing  a district landowner to serve as the director from the
 31    division in which the landowner owns land, if the landowner possesses all  the
 32    qualifications  required  of  electors under the general laws of the state and
 33    has resided within fifteen (15) miles of the district for a period of at least
 34    thirty (30) days prior to the election; provided further than that  any  land-
 35    owner  who  owns  land in more than one (1) division may serve as the director
 36    only from the division nearest which he resides. Written nominations  for  the
 37    office  of  director if any are made, must be signed by at least six (6) elec-
 38    tors in districts having less than one hundred (100) resident electors and  by
 39    at  least twelve (12) electors in districts having more than one hundred (100)
 40    resident electors, and filed with the secretary of the district not less  than
 41    twenty  forty  (240) days nor more than forty sixty (460) days before the date
 42    of election; and the names of the persons so nominated shall  be  placed  upon
 43    official ballot to be furnished by the district.
                                                                        
                                           2
                                                                        
  1        SECTION  2.  That  Section  43-401, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        43-401.  PLAN OF CONSTRUCTION -- ISSUANCE  OF  BONDS  --  INDEBTEDNESS  --
  4    ELECTION.  As  soon as practicable after the organization of any such district
  5    the board of directors shall, by a resolution entered on its  records,  formu-
  6    late  a  general plan of its proposed operations, in which it shall state what
  7    constructed works or other property it proposes to purchase and the cost    of
  8    purchasing  the same; and further what construction work it proposes to do and
  9    how it proposes to raise the funds for carrying out said plan. For the purpose
 10    of ascertaining the cost of any such construction work, said board shall cause
 11    such surveys, examinations and plans to be made as shall demonstrate the prac-
 12    ticability of such plan, and furnish the proper basis for an estimate  of  the
 13    cost of carrying out the same. All such surveys, examinations, maps, plans and
 14    estimates,  shall  be made under the direction of a competent irrigation engi-
 15    neer and certified by him. Said board shall then submit a copy of the same  to
 16    the  department of water resources, and within ninety (90) days thereafter the
 17    department shall file a report upon the same with  said  board,  which  report
 18    shall contain such matters as, in the judgment of the department may be desir-
 19    able.
 20        Upon receiving said report said board of directors shall proceed to deter-
 21    mine  the amount of money necessary to be raised, and shall immediately there-
 22    after call a special election, at which shall be submitted to the electors  of
 23    said  district  possessing the qualifications hereinafter prescribed the ques-
 24    tion whether or not the bonds of said district, or the right to enter into  an
 25    obligation with the United States in the manner hereinafter in this title pro-
 26    vided,  or  whether a contractual arrangement with a money-lending institution
 27    in the amount as determined, shall be authorized.
 28        Notice of such election must be given by posting notices in three (3) pub-
 29    lic places in each election precinct in said district at least four (4)  weeks
 30    before  the date of said election, and the by publication thereof for the same
 31    length of time of the same once a week for four (4) consecutive weeks in  some
 32    a  newspaper published in having general  circulation within the district, and
 33    in case no paper is published in the district, then in a  paper  published  in
 34    each county in which the district or any part thereof is located. Notice given
 35    by  publication  in a weekly newspaper shall be published in four (4) consecu-
 36    tive issues thereof, or if in a daily newspaper, at least six (6)  days  shall
 37    elapse  between  the  first and last dates of publication, and in either case,
 38    publication shall be completed not less than  fifteen  (15)  days  before  the
 39    election. Such notice must specify the time of holding the election, the qual-
 40    ifications  of voters, the amount of bonds proposed to be issued, and, in case
 41    such maps and estimates have been made, it shall  further  state  that  copies
 42    thereof, and in all cases it shall state that said report of the department of
 43    water  resources,  are  on file and open to public inspection by the people of
 44    the district, at the office of said board and at the office of the  department
 45    of water resources.
 46        No  person  who  is not a resident holder of title or evidence of title to
 47    lands located and subject to assessment within such district, or the  wife  or
 48    husband  of  such  holder  of title or evidence of title, shall be entitled to
 49    vote at such election. Otherwise said election must be held  and  the  results
 50    thereof  determined  and  declared in all respects as nearly as practicable in
 51    conformity with the provisions of this title governing the election  of  offi-
 52    cers:  provided,  that  no  informalities in conducting such an election shall
 53    invalidate the same if the election shall  have  been  otherwise  fairly  con-
 54    ducted.  At  such election the ballots shall contain the words "bonds--yes" or
                                                                        
                                           3
                                                                        
  1    "bonds--no," or other words equivalent thereto. If  two-thirds  (2/3)  of  the
  2    votes  cast  are "bonds--yes" the board of directors shall cause bonds in said
  3    amount to be issued; if more than one-third (1/3) of the  votes  cast  at  any
  4    bond election are "bonds--no" the result of such election shall be so declared
  5    and entered of record.
  6        And  whenever  thereafter said board in its judgment deems it for the best
  7    interest of the district that the question of the issuance of  bonds  in  said
  8    amount,  or  any other amount, shall be submitted to the electors, it shall so
  9    declare of record in its minutes, and may thereupon submit such  questions  to
 10    said  electors  in  the  same  manner and with like effect as at such previous
 11    election.
                                                                        
 12        SECTION 3.  That Section 43-1808, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        43-1808.  ELECTION  TO DETERMINE WHETHER DISTRICT SHALL CONTRACT WITH GOV-
 15    ERNMENT. (a) At any election under the provisions  of  section  43-401,  Idaho
 16    Code,  when  the  question  of  a contract between the district and the United
 17    States is to be voted upon, the notice of such election  may  state  generally
 18    the   terms   of   such  contract  and  the  ballots  may  contain  the  words
 19    "Contract--yes" or "Contract--no," or other words equivalent thereto,  instead
 20    of the words "Bonds--yes" or "Bonds--no," and the procedure in connection with
 21    such  vote upon such contract, and the confirmation thereof by the court shall
 22    otherwise be the same as provided in connection with a bond issue.
 23        (b)  Any election where the question of a contract between  an  irrigation
 24    district  and the United States providing for the payment by the United States
 25    of the irrigation district's proportionate  share  of  the  capital  costs  of
 26    reconstructing,  rehabilitating,  replacing  or  improving dams, structures or
 27    works, whether or not legal title thereto is owned by the district,  necessary
 28    to  the  storage,  diversion or delivery of water necessary and appurtenant to
 29    the purposes for which such district was organized is to be voted upon,  shall
 30    be  conducted in accordance with the provisions of section 43-401, Idaho Code,
 31    insofar as possible. The question shall be submitted to a vote of  all  quali-
 32    fied electors of the district as defined in section 43-111, Idaho Code, except
 33    that  any person residing within the boundaries of the irrigation district and
 34    meeting the qualifications of section 34-104, Idaho Code, shall also  be  per-
 35    mitted  to  vote.  No  report  need  be  obtained from the department of water
 36    resources and the notice of election need not contain any recital concerning a
 37    report from the department of water resources. The contract between an irriga-
 38    tion district and the United States providing for the payment  by  the  United
 39    States  of  the irrigation district's proportionate share of the capital costs
 40    of reconstructing, rehabilitating, replacing or improving dams, structures  or
 41    works,  the  election  approving  the contract and all proceedings taken by an
 42    irrigation district in connection with the contract and election need  not  be
 43    confirmed by the district court.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15948

This legislation proposes to amend the deadlines for director
nominations to make them consistent with the notice provisions
for elections. The legislation further proposes to amend the
notice provisions for bonding to make them consistent with other
notice provisions throughout Title 43. Finally, the legislation
proposes to eliminate language in 43-1808A to clarify that
judicial confirmation is not required when irrigation districts
enter into contracts with the United States Government.


                           FISCAL NOTE

                                 
There is no fiscal impact.





Contact
Name: Rep. John A. Stevenson 
Phone: (208) 332-1000
Norm Semanko, IWUA



STATEMENT OF PURPOSE/FISCAL NOTE                         H 576