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H0168aaS......................................by RESOURCES AND CONSERVATION
IRRIGATION DISTRICTS - Amends existing law to allow landowners in districts
of fifteen thousand acres or less to vote and to serve as a director,
provided specified conditions relating to district bylaws and residency
requirements have been met.
02/04 House intro - 1st rdg - to printing
02/05 Rpt prt - to Res/Con
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/18 3rd rdg - PASSED - 67-2-0
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
Loertscher, Mader, Marley, Meyer, Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone,
Taylor(Taylor), Tilman, Tippets, Trail, Watson, Wheeler, Williams,
Wood, Zimmermann, Mr Speaker
NAYS -- Callister, McKague
Absent and excused -- None
Dist. 15, Seat A, Vacant
Floor Sponsor - Stevenson
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to Res/Env
03/09 Rpt out - to 14th Ord
Rpt out amen - to 1st rdg as amen
03/10 1st rdg - to 2nd rdg as amen
03/11 2nd rdg - to 3rd rdg as amen
03/12 3rd rdg as amen - PASSED - 25-6-4
AYES--Andreason, Boatright, Burtenshaw, Cameron, Crow, Danielson,
Darrington, Davis, Geddes, Hawkins, Ingram, Ipsen, Keough, King, Lee,
McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Stegner,
Thorne, Wheeler
NAYS--Bunderson, Deide, Frasure, Sorensen, Stennett, Whitworth
Absent and excused--Branch, Dunklin, Parry, Twiggs
Floor Sponsor - Cameron
Title apvd - to House
03/15 House concurred in Senate amens - to engros
03/16 Rpt engros - 1st rdg - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
Loertscher, Marley, McKague, Meyer(Duncan), Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Trail, Watson, Wheeler, Williams, Wood, Zimmermann,
Mr Speaker
NAYS -- None
Absent and excused -- Hammond, Mader, Montgomery, Tippets
Floor Sponsor - Stevenson
Title apvd - to to enrol
03/18 Rpt enrol - Sp signed - Pres signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 207
Effective: 07/01/99
H0168|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 168, As Amended in the Senate BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO IRRIGATION DISTRICTS; AMENDING SECTION 43-111, IDAHO CODE, TO 3 ALLOW LANDOWNERS IN DISTRICTS OF FIFTEEN THOUSAND ACRES OR LESS TO VOTE 4 PROVIDED SPECIFIED CONDITIONS RELATING TO BYLAWS OF THE DISTRICT AND RESI- 5 DENCY REQUIREMENTS OF THE LANDOWNER HAVE BEEN MET; AND AMENDING SECTION 6 43-201, IDAHO CODE, TO ALLOW LANDOWNERS IN DISTRICTS OF FIFTEEN THOUSAND 7 ACRES OR LESS TO SERVE AS A DIRECTOR FROM A DIVISION IN WHICH HE OWNS LAND 8 PROVIDED SPECIFIED CONDITIONS RELATING TO BYLAWS OF THE DISTRICT AND RESI- 9 DENCY REQUIREMENTS OF THE LANDOWNER HAVE BEEN MET. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 43-111, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 43-111. QUALIFICATIONS OF VOTERS. No person shall be entitled to vote at 14 any election held under the provisions of this title for the purpose of elect- 15 ing directors, for the purpose of determining whether indebtedness shall be 16 created or bonds issued by the district, or for any other purpose, unless he 17 shall possess all the qualifications required of electors under the general 18 laws of the state, and own land within the district, or the proposed district, 19 and be a resident of the county in which the district, or a portion thereof, 20 is located for a period of thirty (30) or more days next preceding the 21 election ; provided that, in districts of fifteen thousand (15,000) acres 22 or less, the bylaws may, by resolution of two-thirds (2/3) of the board and 23 adoption by two-thirds (2/3) of the electors voting in a district election 24 conducted in accordance with the general election laws of the state applicable 25 to irrigation districts, set forth a provision allowing a district landowner 26 to vote, if the landowner possesses all the qualifications required of elec- 27 tors under the general laws of the state and has resided within fifteen (15) 28 miles of the district for a period of at least thirty (30) days prior to the 29 election . 30 SECTION 2. That Section 43-201, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 43-201. ELECTION, TERM OF OFFICE, NOMINATIONS AND QUALIFICATIONS. Follow- 33 ing the organization of any district, an election shall be held in accordance 34 with section 34-106, Idaho Code, at which shall be elected one (1) director 35 for each division of said district by the electors of the district at large. 36 The term of office of the directors shall, immediately after the first elec- 37 tion following such organization, be selected by lot so that as nearly as may 38 be, one-third (1/3) of the number shall hold office for the term of one (1) 39 year; one-third (1/3) for the term of two (2) years, and the balance for the 40 term of three (3) years. And an election shall be held in the district in 41 accordance with section 34-106, Idaho Code, for each year thereafter, at which 2 1 directors shall be elected to succeed those whose terms expire, to hold office 2 for a term of three (3) years, or until their successors are elected and qual- 3 ified. Every director must be a qualified elector and a resident of the divi- 4 sion of the director whom he is to succeed in office ; provided that, in 5 districts of fifteen thousand (15,000) acres or less, the bylaws may, by reso- 6 lution of two-thirds (2/3) of the board and adoption by two-thirds (2/3) of 7 the electors voting in a district election conducted in accordance with the 8 general election laws of the state applicable to irrigation districts, set 9 forth a provision allowing a district landowner to serve as the director from 10 the division in which the landowner owns land, if the landowner possesses all 11 the qualifications required of electors under the general laws of the state 12 and has resided within fifteen (15) miles of the district for a period of at 13 least thirty (30) days prior to the election; provided further than any land- 14 owner who owns land in more than one (1) division may serve as the director 15 only from the division nearest which he resides . Written nominations 16 for the office of director if any are made, must be signed by at least six (6) 17 electors in districts having less than one hundred (100) resident electors and 18 by at least twelve (12) electors in districts having more than one hundred 19 (100) resident electors, and filed with the secretary of the district not less 20 than twenty (20) days nor more than forty (40) days before the date of elec- 21 tion; and the names of the persons so nominated shall be placed upon official 22 ballot to be furnished by the district.
AH0168|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Danielson Seconded by Branch IN THE SENATE SENATE AMENDMENTS TO H.B. NO. 168 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, delete lines 25 through 29 and insert: 3 "tion ; provided that, in districts of fifteen thousand (15,000) acres or 4 less, the bylaws may, by resolution of two-thirds (2/3) of the board and adop- 5 tion by two-thirds (2/3) of the electors voting in a district election con- 6 ducted in accordance with the general election laws of the state applicable to 7 irrigation districts, set forth a provision allowing a district landowner to 8 vote, if the landowner possesses all the qualifications required of electors 9 under the general laws of the state and has resided within fifteen (15) miles 10 of the district for a period of at least thirty (30) days prior to the elec- 11 tion .". 12 AMENDMENT TO SECTION 2 13 On page 2, in line 4 following "office", delete the remainder of the line, 14 delete lines 5 through 11 and insert: " ; provided that, in districts of 15 fifteen thousand (15,000) acres or less, the bylaws may, by resolution of two- 16 thirds (2/3) of the board and adoption by two-thirds (2/3) of the electors 17 voting in a district election conducted in accordance with the general elec- 18 tion laws of the state applicable to irrigation districts, set forth a provi- 19 sion allowing a district landowner to serve as the director from the division 20 in which the landowner owns land, if the landowner possesses all the qualifi- 21 cations required of electors under the general laws of the state and has 22 resided within fifteen (15) miles of the district for a period of at least 23 thirty (30) days prior to the election; provided further than any landowner 24 who owns land in more than one (1) division may serve as the director only 25 from the division nearest which he resides . Written nominations for 26 the". 27 CORRECTIONS TO TITLE 28 On page 1, in line 2, delete "PRO-", delete lines 3 through 13 and insert: 29 "ALLOW LANDOWNERS IN DISTRICTS OF FIFTEEN THOUSAND ACRES OR LESS TO VOTE PRO- 30 VIDED SPECIFIED CONDITIONS RELATING TO BYLAWS OF THE DISTRICT AND RESIDENCY 31 REQUIREMENTS OF THE LANDOWNER HAVE BEEN MET; AND AMENDING SECTION 43-201, 32 IDAHO CODE, TO ALLOW LANDOWNERS IN DISTRICTS OF FIFTEEN THOUSAND ACRES OR LESS 33 TO SERVE AS A DIRECTOR FROM A DIVISION IN WHICH HE OWNS LAND PROVIDED SPECI- 34 FIED CONDITIONS RELATING TO BYLAWS OF THE DISTRICT AND RESIDENCY REQUIREMENTS 35 OF THE LANDOWNER HAVE BEEN MET.".
STATEMENT OF PURPOSE
RS08806Cl
This legislation provides that an irrigation district may set
provisions through its by-laws to allow a director to live up to l5
miles outside the district boundaries. The director must own land
within the district and must qualify under the general laws of the
state.
FISCAL NOTE
There is no fiscal impact to the state of Idaho, but there
could be a minimal fiscal impact to the irrigation district for
additional advertising requirements for election notification.
CONTACT: Lynn Tominaga/Sherl Chapman, Idaho Water Users Assoc.
344-6690
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 168