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S1046...............................................by AGRICULTURAL AFFAIRS
SOIL CONSERVATION DISTRICTS - Amends existing law to provide authority to
supervisors of soil conservation districts to retain private legal counsel.
01/26 Senate intro - 1st rdg - to printing
01/27 Rpt prt - to Agric Aff
02/01 Rpt out - rec d/p - to 2nd rdg
02/02 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw,
Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Hawkins, Ingram, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Ipsen, Twiggs
Floor Sponsor - Burtenshaw
Title apvd - to House
02/05 House intro - 1st rdg - to Agric Aff
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Limbaugh, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smylie, Stevenson, Stoicheff, Stone, Taylor,
Tilman, Tippets, Trail, Wheeler, Williams, Wood, Zimmermann
NAYS -- None
Absent and excused -- Deal, Lake, Smith, Watson, Mr Speaker
Floor Sponsor - Trail
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed
03/15 Sp signed
03/16 To Governor
03/18 Governor signed
Session Law Chapter 78
Effective: 07/01/99
S1046|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1046 BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO SOIL CONSERVATION DISTRICTS; AMENDING SECTION 22-2721, IDAHO CODE, 3 TO PROVIDE AUTHORITY TO SUPERVISORS OF SOIL CONSERVATION DISTRICTS TO 4 RETAIN PRIVATE LEGAL COUNSEL AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 22-2721, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 22-2721. ELECTION, APPOINTMENT, QUALIFICATIONS AND TENURE OF SUPERVISORS. 9 The governing body of the district shall consist of five (5) supervisors, 10 elected or appointed as provided in this chapter. Elections shall be conducted 11 pursuant to the provisions of this section and the uniform district election 12 law, chapter 14, title 34, Idaho Code. If at any time the supervisors of a 13 district deem it necessary, they may request permission from the state soil 14 conservation commission to increase the number of supervisors to seven (7). 15 Upon receipt of such a request in writing, signed by all five (5) supervisors, 16 stating a valid reason for such need, the commission shall grant permission. 17 The additional supervisors shall then be appointed as outlined in subparagraph 18 C . of this section until such time as regular district elections 19 for two (2) supervisors in each district. At that time those districts having 20 seven (7) supervisors shall then elect four (4) supervisors for four (4) year 21 terms. The two (2) supervisors appointed by the commission shall be persons 22 who are by training and experience qualified to perform the specialized ser- 23 vices which will be required of them in the performance of their duties. All 24 supervisors shall be landowners or farmers of the district where they are 25 elected or appointed. 26 A. Within thirty (30) days after the date of issuance by the secretary of 27 state of a certificate of organization of a soil conservation district, nomi- 28 nating petitions may be filed with the state soil conservation commission to 29 nominate candidates for supervisors of each district. The soil conservation 30 commission, unless it has contracted with the county clerk to conduct the 31 election, shall designate an individual to act as the election official. If 32 contracted to do so, the county clerk shall act as the election official. The 33 election official shall have authority to extend the time within which nomi- 34 nating petitions may be filed. No such nominating petition shall be accepted 35 by the election official unless it shall be subscribed by not less than five 36 (5) persons who are qualified electors owning land or residing within the 37 boundaries of the district. The election official shall give due notice of an 38 election to be held, subject to the provisions of section 34-106, Idaho Code, 39 for the election of three (3) supervisors for the district. The names of all 40 nominees on behalf of whom such nominating petitions have been filed within 41 the time herein designated, shall appear arranged in the alphabetical order of 42 the surnames, upon ballots, with a square before each name and directions to 43 insert a mark in the square before any three (3) names to indicate the voter's 2 1 preference. The three (3) candidates who shall receive the largest number, 2 respectively, of the votes cast in such election shall be the elected supervi- 3 sors for such district. The commission shall pay all the expenses of such 4 election, which shall be supervised and conducted by the election official. 5 B. All elections in districts, excluding the first election as provided 6 in subparagraph A . of this section, shall be conducted by the 7 district supervisors of the districts involved who shall designate an individ- 8 ual to be the election official, or the county clerk if contracted for that 9 purpose. Such election shall be held on the first Tuesday succeeding the first 10 Monday of November in each even-numbered year. Such elections shall be in com- 11 pliance with the provisions of chapter 14, title 34, Idaho Code, and shall be 12 supervised and conducted by the election official. The cost of conducting such 13 elections shall be borne by the district involved. The election official shall 14 certify to the state soil conservation commission the names of the elected 15 supervisors. The state soil conservation commission shall issue certificates 16 of election to each elected supervisor so certified. The state soil conserva- 17 tion commission may authorize each district to contract with the county clerk 18 or county clerks of the county or counties in which the district is located to 19 conduct the election for the soil conservation district. If a district elec- 20 tion is conducted by a county clerk, the county clerk must provide a ballot 21 for the district election, and must provide a process that allows only quali- 22 fied electors of the district to vote in that district's election. 23 In any election for supervisor, if after the deadline for filing a decla- 24 ration of intent as a write-in candidate, it appears that the number of quali- 25 fied candidates who have been nominated is equal to the number of supervisors 26 to be elected, it shall not be necessary for the candidates to stand for elec- 27 tion, and the board of supervisors shall declare such candidates elected as 28 supervisors, and the state soil conservation commission shall immediately make 29 and deliver to such persons certificates of election. 30 C. In any election for supervisors of a soil conservation district, if 31 after the expiration of the date for filing written nominations it appears 32 that only one (1) qualified candidate has been nominated for each position to 33 be filled and no declaration of intent has been filed by a write-in candidate 34 as provided in subparagraph D. of this section, it shall not be necessary to 35 hold an election, and the election official shall, no later than seven (7) 36 days before the scheduled date of the election, declare such candidate elected 37 as supervisor, and the state soil conservation commission shall immediately 38 make and deliver to such person a certificate of election. 39 D. No write-in vote for supervisor shall be counted unless a declaration 40 of intent has been filed with the election official indicating that the person 41 making the declaration desires the office and is legally qualified to assume 42 the duties of supervisor if elected as a write-in candidate. The declaration 43 of intent shall be filed not later than eleven (11) days before the day of 44 election. 45 E. The supervisors shall designate a chairman and may, from time to time, 46 change such designation. The term of office of each supervisor shall be four 47 (4) years commencing on the first day of January next following election, 48 except that the two (2) supervisors who are first appointed shall be desig- 49 nated to serve for terms of two (2) years. A supervisor shall hold office 50 until a qualified successor has been elected or appointed. Vacancies shall be 51 filled for the unexpired term. The selection of successors to fill an unex- 52 pired term, or for a full term shall be made by a vote of the majority of the 53 supervisors duly qualified and acting at the time the vacancy shall arise and 54 the supervisors shall certify the name of the appointed supervisor to the 55 state soil conservation commission who shall issue a certificate of such 3 1 appointment. 2 F. A majority of the supervisors shall constitute a quorum and the con- 3 currence of a majority in any matter within their duties shall be required for 4 its determination. A supervisor shall be entitled to expenses, including 5 travel expense, necessarily incurred in the discharge of duties. A supervisor 6 shall receive no compensation for services from regular district funds, county 7 funds authorized in section 22-2726, Idaho Code, or state funds authorized in 8 section 22-2727, Idaho Code. 9 In the event the district has a special project, approved by the state 10 soil conservation commission, making project funds available from federal or 11 other sources, a supervisor may receive compensation not to exceed thirty-five 12 dollars ($35.00) per day plus actual and necessary expenses from project funds 13 for services directly related to the project. 14 The supervisors may employ a secretary, technical experts, and such other 15 officers, agents, and employees, permanent and temporary as they may require, 16 and shall determine their qualifications, duties and compensation. The super- 17 visors may call upon the attorney general of the state for such legal services 18 as they may require or may employ their own counsel and legal staff 19 . The supervisors may delegate to their chairman, to one (1) or more 20 supervisors, or to one (1) or more agents, or employees, such powers and 21 duties as they may deem proper. The supervisors shall furnish to the state 22 soil conservation commission, upon request, copies of such ordinances, rules, 23 orders, contracts, forms and other documents as they shall adopt or employ, 24 and such other information concerning their activities as it may require in 25 the performance of its duties under this chapter. 26 The supervisors shall provide for the execution of surety bonds for all 27 employees and officers who shall be entrusted with funds or property; they 28 shall provide for the keeping of a full and accurate record of all proceedings 29 and of all resolutions, and orders issued or adopted; and shall provide for an 30 annual audit of the accounts of receipts and disbursements. Any supervisor may 31 be removed by the state soil conservation commission upon notice and hearing, 32 for neglect of duty or malfeasance in office, but for no other reason. 33 The supervisors may invite the legislative body of a municipality or 34 county located near the territory comprised within the district to designate a 35 representative to advise and consult with the supervisors of the district on 36 all questions of program and policy which may affect the property, water sup- 37 ply, or other interests of such municipality or county.
STATEMENT OF PURPOSE
RS 08517
In 1997, Idaho Code 22-2716 was amended. In amending the act, the authority of
soil conservation districts to retain private legal counsel was rescinded. This bill restores that
legal authority.
FISCAL NOTE
There is no fiscal impact on the state general fund.
CONTACT: Steve Tobiason, Legislative Liaison
Office of Attorney General
334-4524
STATEMENT OF PURPOSE/FISCAL NOTE S 1046