2001 Legislation
Print Friendly

HOUSE BILL NO. 209 – County comm, water/sewer services

HOUSE BILL NO. 209

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0209...................................................by LOCAL GOVERNMENT
WATER AND SEWER SERVICES - Amends existing law to authorize the boards of
county commissioners to provide necessary water and sewer services; and to
clarify authority of the board when an emergency exists.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Loc Gov
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 63-0-7
      AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Harwood, Henbest, Higgins,
      Hornbeck, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Tilman, Trail, Wheeler,
      Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Hammond, Jaquet, Mortensen, Stevenson,
      Stone, Swan
    Floor Sponsor -- Wheeler
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to Loc Gov
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Williams
    Title apvd - to House
03/21    To enrol
03/22    Rpt enrol - Sp signed - Pres signed - to Gov
03/26    Governor signed
         Session Law Chapter 184
         Effective: 03/26/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 209
                                                                        
                               BY LOCAL GOVERNMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO POWERS OF THE BOARDS OF COUNTY COMMISSIONERS; AMENDING CHAPTER  8,
  3        TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-877, IDAHO CODE,
  4        TO AUTHORIZE THE BOARDS OF COUNTY COMMISSIONERS TO PROVIDE NECESSARY WATER
  5        AND  SEWER  SERVICES;  AMENDING  SECTION  63-4104,  IDAHO CODE, TO CLARIFY
  6        AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS WHEN AN  EMERGENCY  EXISTS;
  7        AND DECLARING AN EMERGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Chapter  8,  Title  31, Idaho Code, be, and the same is
 10    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 11    ignated as Section 31-877, Idaho Code, and to read as follows:
                                                                        
 12        31-877.  WATER  AND  SEWER SERVICES. The boards of county commissioners in
 13    their respective counties shall have the authority to provide necessary  water
 14    and  sewer services to any part of the county which does not receive water and
 15    sewer services, or any part of the county where a water and sewer or  a  water
 16    or  sewer  district has been dissolved pursuant to chapter 41, title 63, Idaho
 17    Code. For purposes of this section, a board of county commissioners shall have
 18    the authority granted to water and sewer districts  pursuant  to  chapter  32,
 19    title  42, Idaho Code, and the authority granted to municipalities pursuant to
 20    the provisions of title 50, Idaho Code.
                                                                        
 21        SECTION 2.  That Section 63-4104, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        63-4104.  NONFUNCTIONING DISTRICT. Any special district which fails or has
 24    ceased  to function for two (2) or more years may be dissolved by the board or
 25    boards of county commissioners of the  county  or  counties  in  which  it  is
 26    located.  The  county  commissioners  may  initiate such action upon their own
 27    volition or it may be initiated by petition.  If  by  resolution  a  board  of
 28    county commissioners finds that an emergency exists, the board may immediately
 29    take  all  steps necessary to operate and provide services of the district and
 30    preserve and maintain the property owned by the district.
                                                                        
 31        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 32    declared to exist, this act shall be in full force and effect on and after its
 33    passage and approval.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                            RS 10757C1


The purpose of this bill is to enable a county to operate a
sewer & water system in the unincorporated areas of a county. In
addition, although counties already have the authority to
operate distressed or dissolved districts, this bill clarifies a
gray area in the law by providing the guidance and procedures to
operate such systems.

Failures in existing districts have caused counties to take
action to protect the citizenry and assume the responsibility
for operation of the districts.




                          FISCAL IMPACT

There is no impact to the state general fund or any taxing
districts.


     
CONTACT:  Representative Cameron Wheeler
          Glenn Davis, Fremont County Commissioner 624-4271
          Abbie Mace, Fremont Clerk                624-7332
          Idaho Association of Counties            345-9126




STATEMENT OF PURPOSE/FISCAL NOTE          H 209