2006 Legislation
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SENATE BILL NO. 1383 – Water/sewer dist, filings

SENATE BILL NO. 1383

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN 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  court
 39    together with a copy of the petition and proof of publication certified by the
 40    secretary of the board. The clerk of the district court shall present the same
 41    to  the  court  and  upon  order of the court upon 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 sixty per cent percent (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.  and
 25    file the same with the clerk of the district court together with a copy of the
 26    petition and proof of publication certified by the secretary of the board. The
 27    clerk of the district court shall present the same to the court and upon order
 28    of  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 twenty per
 31    cent percent (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 and upon the filing of  a
 16    copy  thereof  with  the  clerk  of  the district court, and upon order of the
 17    court, 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 / Fiscal Impact



                       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