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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 furtherthanthat 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 41twentyforty (240) days nor more thanfortysixty (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, andtheby publicationthereof for the same31length of timeof the same once a week for four (4) consecutive weeks insome32 a newspaperpublished inhaving general circulation within the district, and33in case no paper is published in the district, then in a paper published in34each 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 shall22otherwise 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 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