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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
|||| 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
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