View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1383......................................by LOCAL GOVERNMENT AND TAXATION WATER AND SEWER DISTRICTS - Amends existing law to delete certain provisions requiring filings with the district court by water and sewer districts. 02/10 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Loc Gov 02/17 Rpt out - rec d/p - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt(Harper), 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, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Pearce Floor Sponsor - McKenzie Title apvd - to House 02/24 House intro - 1st rdg - to Loc Gov 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 61-0-9 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Collins, Deal, Denney, Edmunson, Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rusche, Sali, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood NAYS -- None Absent and excused -- Clark, Crow, Ellsworth, Harwood, Ring, Rydalch, Sayler, Wills, Mr. Speaker Floor Sponsor - Bradford Title apvd - to Senate 03/16 To enrol 03/17 Rpt enrol - Pres signed - Sp signed 03/20 To Governor 03/22 Governor signed Session Law Chapter 167 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1383 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO WATER AND SEWER DISTRICTS; AMENDING SECTION 42-3218, IDAHO CODE, 3 TO DELETE CERTAIN PROVISIONS REQUIRING FILINGS WITH THE DISTRICT COURT 4 REGARDING INCLUSIONS OF LAND WITHIN A DISTRICT AND TO MAKE TECHNICAL COR- 5 RECTIONS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 42-3218, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 42-3218. INCLUSION OF PROPERTY PETITIONED -- HEARING -- ORDER -- ANNEX- 10 ATION OF PROPERTY PETITIONED -- HEARING -- ORDER -- ANNEXATION OF PROPERTY BY 11 ELECTION -- ELECTION PROCEDURE. The boundaries of any district organized under 12 the provisions of this chapter may be changed in the manner herein prescribed, 13 but the change of boundaries of the district shall not impair or affect its 14 organization or its rights in or to property, or any of its rights or privi- 15 leges whatsoever; nor shall it affect or impair or discharge any contract, 16 obligation, lien or charge for or upon which it might be liable or chargeable 17 had any such change of boundaries not been made. 18 (a) The owners of real property may file with the board a petition, in 19 writing, praying that such real property be included in the district. The 20 petition shall describe the property owned by the petitioners, and such peti- 21 tion shall be deemed to give assent of the petitioners to the inclusion in 22 said district of the property described in the petition, and shall be accompa- 23 nied by a reasonable filing fee in an amount to be determined by the board. 24 Such petition must be acknowledged in the same manner that conveyances of land 25 are required to be acknowledged. The secretary of the board shall cause notice 26 of filing of such petition to be given and published in the county in which 27 the property is situated, which notice shall state the filing of such peti- 28 tion, names of petitioners, descriptions of lands mentioned and the prayer of 29 such petitioners; giving notice to all persons interested to appear at the 30 office of the board at the time named in said notice and show cause in writ- 31 ing, if any they have, why the petition should not be granted. The board shall 32 at the time and place mentioned or at such time or times to which the hearing 33 may be adjourned, proceed to hear the petition and all objections thereto, 34 presented, in writing, by any person showing cause why said petition should 35 not be granted. The failure of any person to show cause in writing shall be 36 deemed as an assent on his part to the inclusion of such lands in the district 37 as prayed in the petition. If the petition is granted, the board shall make an 38 order to that effect and,file the same with the clerk of the district court39together with a copy of the petition and proof of publication certified by the40secretary of the board. The clerk of the district court shall present the same41to the court and upon order of the courtupon approval of said order, the 42 property shall be included in the district. 43 (b) The territory adjoining or in close proximity to and in the same 2 1 county with any district created under the provisions of this chapter may be 2 annexed to the district by either of the following procedures: (1) A petition 3 for annexation of real property described in such petition, which has been 4 signed by the owners of not less than sixtyper centpercent (60%) of the area 5 in land within the territory to be annexed, and which contains the separate 6 property descriptions of such petitioners, and which is acknowledged in the 7 same manner that conveyances of land are required to be acknowledged, accompa- 8 nied by a reasonable filing fee in an amount to be determined by the board, 9 may be filed with the board. Upon filing with the board of such a petition, 10 the secretary of the board shall cause notice of filing of such petition to be 11 given and published in the county in which the property is situated, which 12 notice shall state the filing of such petition, names of petitioners, descrip- 13 tions of lands mentioned and the prayer of such petitioners; giving notice to 14 all persons interested, including the staff and employees of said district and 15 anyone designated by said district, to appear at the office of the board at 16 the time named in said notice and show cause in writing, if any they have, why 17 the petition should not be granted. The board shall at the time and place men- 18 tioned or at such time or times to which the hearing may be adjourned, proceed 19 to hear the petition and all objections thereto, presented, in writing, by any 20 person showing cause why said petition shall not be granted. The failure of 21 any person to show cause in writing shall be deemed as an assent to the annex- 22 ation of such lands into the district as prayed in the petition. The board 23 shall have full discretion to determine if the petition shall be granted. If 24 the petition is granted, the board shall make an order to that effect.and25file the same with the clerk of the district court together with a copy of the26petition and proof of publication certified by the secretary of the board. The27clerk of the district court shall present the same to the court and upon order28of the court the property shall be included in the district.(2) Upon filing 29 with the board of a petition signed by registered voters owning real property 30 residing in the territory to be annexed, who constitute at least twentyper31centpercent (20%) of the taxpayers in such territory, praying for an election 32 to determine if annexation shall be made of property designated in such peti- 33 tion, together with payment of a reasonable filing fee in an amount to be 34 determined by the board, the board shall cause notice of filing of such peti- 35 tion to be given and published in the county in which the property is situ- 36 ated, which notice shall state the filing of such petition, names of petition- 37 ers, descriptions of lands to be annexed and the prayer of such petition; giv- 38 ing notice to all persons interested, including the staff and employees of 39 said district and anyone designated by said district to appear at the office 40 of the board at the time named in said notice and show cause in writing, if 41 any they have, why the petition shall not be granted. The board shall at the 42 time and place mentioned or at such time or times to which the hearing may be 43 adjourned, proceed to hear the petition and all objections thereto, presented, 44 in writing, by any person showing cause why said petition shall not be 45 granted. The board shall have full discretion to determine if the petition 46 shall be granted, and if such petition is granted, the board shall direct that 47 an election be held, subject to the provisions of section 34-106, Idaho Code. 48 The election shall be conducted in the same manner as general elections in 49 this state, except that the board shall establish as many voting places within 50 such territory proposed to be annexed as are by the board deemed necessary and 51 shall define the boundaries of such voting places. The board shall appoint 52 three (3) judges of election for each voting place, one (1) of whom shall be 53 designated by the board to be the clerk of such election precinct. Each elec- 54 tor shall be registered as required by the general election laws and shall 55 have resided within the area to be annexed for thirty (30) days. 3 1 The secretary of the board of directors shall publish notice of the time 2 and place of such election, in accordance with the provisions of section 3 34-1406, Idaho Code. The notice shall particularly describe the property to be 4 annexed, the name of the district to which the territory is proposed to be 5 annexed, and the terms and conditions prescribed by the board under which the 6 property may be annexed. The notice shall designate the places in the terri- 7 tory where the election will be held, and shall require the voters to cast 8 ballots which shall contain the words: 9 For annexation to .... District. 10 Against annexation to .... District. 11 The judges of the election shall make their return thereof to the board of 12 directors of the district, which shall canvass the returns and render a state- 13 ment of the results of the election on the records of the board. If the major- 14 ity of the votes cast favor annexation, the board shall enter an order annex- 15 ing the property described in the notice of election andupon the filing of a16copy thereof with the clerk of the district court, and upon order of the17court,the territory shall thereupon become annexed to the district and shall 18 thenceforth be a part of the district. 19 (c) In all proceedings for inclusion or annexation hereunder, the board 20 shall have the power to prescribe terms and conditions under which said prop- 21 erty may be included in the district, including the condition that such prop- 22 erty may only be annexed or included within the district if the property is 23 also established as a water or sewer subdistrict of the district, pursuant to 24 sections 42-3218A through 42-3218D, Idaho Code, and may be required to pay the 25 district its pro rata share of construction costs theretofore incurred by the 26 district pursuant to any bond issue theretofore made or otherwise; provided, 27 however, that such terms and conditions shall be announced by the board at or 28 before the hearing to be held pursuant to subparagraphs (a) and (b) above. 29 Within ten (10) days of the announcement of the terms and conditions under 30 which the property may be included the majority of the petitioners filing 31 petitions under the provisions of subparagraphs (a) or (b) may withdraw their 32 petitions, and no further proceedings shall thereafter be had by the board 33 upon such petitions. 34 (d) All public streets, roads, highways or alleys upon or within which is 35 situated any part of the operative system or equipment of the district and all 36 public streets, roads, highways and alleys which abut against or touch prop- 37 erty annexed or to be annexed to the district, to the extent they abut against 38 or touch such property and are not included in a different district, shall be 39 deemed to be included in the district as a part of the annexation and shall be 40 included in the legal description and map which the district must file in the 41 offices of the county assessor, county recorder and the state tax commission 42 as required by section 63-215, Idaho Code; provided, however, that upon appli- 43 cation by the district to the state tax commission, if the commission finds 44 after consultation with the county assessor and the county recorder that 45 exemption from the requirements of this subparagraph (d) will not unduly bur- 46 den state and local tax administration, the commission by order may exempt the 47 district from the requirements of this subparagraph (d), but the district 48 shall be required to comply with section 63-215, Idaho Code.
STATEMENT OF PURPOSE RS 15688 This legislation eliminates the requirement that water and sewer districts must file with the district court documents of petition and publication of notices of board determination to include land within the district as provided in 42-3218. FISCAL NOTE There will be no impact on the state's general fund. There may be time and economic savings to the water and sewer districts and the courts. Contact Name: Senator Curt McKenzie Phone: (208) 332-1354 Name: Representative Larry Bradford Phone: (208) 332-1268 STATEMENT OF PURPOSE/FISCAL NOTE S 1383