1999 Legislation
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SENATE BILL NO. 1046 – Soil conservtn dist/private counsel


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Daily Data Tracking History

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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1046

                            BY AGRICULTURAL AFFAIRS COMMITTEE

 1                                        AN ACT

 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:

 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


 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


 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 / Fiscal Impact

                       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
                                          STATEMENT OF PURPOSE/FISCAL NOTE    S 1046