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H0352......................................................by STATE AFFAIRS
HOUSING AUTHORITY - COMMISSIONERS - Amends existing law to increase the
number of commissioners that a governing body of a county or mayor of a
city may appoint to the board of housing authority commissioners; to
specify the term lengths of commissioners; to provide that the number of
commissioners may be altered upon resolution; to provide that the service
of a housing assistance recipient appointed as a commissioner pursuant to
federal law shall be contingent upon his continued receipt of housing
assistance; and to provide that a majority of the appointed commissioners
shall constitute a quorum.
03/06 House intro - 1st rdg - to printing
03/07 Rpt prt - to Loc Gov
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
Rls susp - PASSED - 68-0-2
AYES -- Barraclough, Barrett, Bedke, 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, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Loertscher, Schaefer
Floor Sponsor -- Deal
Title apvd - to Senate
03/15 Senate intro - 1st rdg - to Loc Gov
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/22 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stennett,
Thorne, Whitworth, Williams,
NAYS -- None
Absent and excused -- Brandt, Lodge, Noh, Stegner, Wheeler
Floor Sponsor -- Thorne
Title apvd - to House
03/23 To enrol - rpt enrol - Sp signed
03/26 Pres signed - to Governor
03/28 Governor signed
Session Law Chapter 257
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 352
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LOCAL GOVERNMENT HOUSING AUTHORITIES; AMENDING SECTION 31-4210,
3 IDAHO CODE, TO INCREASE THE NUMBER OF COMMISSIONERS A GOVERNING BODY OF A
4 COUNTY MAY APPOINT TO THE BOARD OF HOUSING AUTHORITY COMMISSIONERS, TO
5 SPECIFY TERM LENGTHS FOR COMMISSIONERS, TO PROVIDE THAT THE NUMBER OF COM-
6 MISSIONERS MAY BE ALTERED UPON RESOLUTION BY A GOVERNING BODY OF A COUNTY,
7 TO PROVIDE THAT THE SERVICE OF A HOUSING ASSISTANCE RECIPIENT APPOINTED AS
8 A COMMISSIONER PURSUANT TO FEDERAL LAW SHALL BE CONTINGENT UPON HIS CON-
9 TINUED RECEIPT OF HOUSING ASSISTANCE AND TO PROVIDE THAT A MAJORITY OF THE
10 APPOINTED COMMISSIONERS SHALL CONSTITUTE A QUORUM; AND AMENDING SECTION
11 50-1910, IDAHO CODE, TO INCREASE THE NUMBER OF COMMISSIONERS THE MAYOR MAY
12 APPOINT TO THE BOARD OF HOUSING AUTHORITY COMMISSIONERS, TO SPECIFY TERM
13 LENGTHS FOR COMMISSIONERS, TO PROVIDE THAT THE NUMBER OF COMMISSIONERS MAY
14 BE ALTERED UPON RESOLUTION BY A GOVERNING BODY OF A CITY, TO PROVIDE THAT
15 THE SERVICE OF A HOUSING ASSISTANCE RECIPIENT APPOINTED AS A COMMISSIONER
16 PURSUANT TO FEDERAL LAW SHALL BE CONTINGENT UPON HIS CONTINUED RECEIPT OF
17 HOUSING ASSISTANCE AND TO PROVIDE THAT A MAJORITY OF THE APPOINTED COMMIS-
18 SIONERS SHALL CONSTITUTE A QUORUM.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Section 31-4210, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 31-4210. COMMISSIONERS -- APPOINTMENT -- QUALIFICATIONS -- TENURE. When a
23 governing body of a county adopts a resolution as aforesaid, it shall appoint
24 five (5) or seven (7) persons as commissioners of the authority created for
25 said county. Commissioners of the authority shall serve terms of five (5)
26 years. If the governing body of a county appoints five (5) persons as commis-
27 sioners of the authority, tThe commissioners who are first appointed shall be
28 designated to serve for terms of one (1), two (2), three (3), four (4), and
29 five (5) years, except that all vacancies shall be filled for the unexpired
30 term. If the governing body of a county appoints seven (7) persons as commis-
31 sioners of the authority, the commissioners who are first appointed shall be
32 designated to serve terms as follows: one (1) commissioner for a one (1) year
33 term, two (2) commissioners for two (2) year terms, two (2) commissioners for
34 three (3) year terms, one (1) commissioner for a four (4) year term and one
35 (1) commissioner for a five (5) year term, except that all vacancies shall be
36 filled for the unexpired term. Upon resolution by a governing body of a
37 county, after an authority has been created with either five (5) or seven (7)
38 commissioners, the number of commissioners may be increased from five (5) to
39 seven (7) or reduced from seven (7) to five (5). No commissioner of any
40 authority may be an officer or employee of the county for which the authority
41 is created. A commissioner shall hold office until his successor has been
42 appointed and qualified. A certificate of appointment or reappointment of any
43 commissioner shall be filed with the clerk and such certificate shall be con-
2
1 clusive evidence of the due and proper appointment of such commissioner. The
2 service of a housing assistance recipient appointed as a commissioner pursuant
3 to 42 U.S.C. section 1437(b) shall be contingent upon his continued receipt of
4 housing assistance. A commissioner shall receive no compensation for his ser-
5 vices for the authority in any capacity, but he shall be entitled to the nec-
6 essary expenses, including travel expenses, incurred in the discharge of his
7 duties.
8 The powers of each authority shall be vested in the commissioners. Three
9 (3) A majority of the appointed commissioners shall constitute a quorum of the
10 authority for the purpose of conducting its business and exercising its powers
11 and for all other purposes. Action may be taken by the authority upon a vote
12 of a majority of the commissioners present. The bylaws of the authority shall
13 designate which of the commissioners appointed shall be the first chairman and
14 such chairman shall serve in the capacity of chairman until the expiration of
15 his term of office as commissioner. When the office of the chairman of the
16 authority thereafter becomes vacant, the commissioners shall select a chairman
17 from their number, a vice chairman, and may employ a secretary, an executive
18 director who shall serve as an at-will employee of the commissioners, techni-
19 cal experts and such other officers, agents and employees, permanent and tem-
20 porary, as it may require, and shall determine their qualifications, duties
21 and compensation. For such legal services as it may require, an authority may
22 call upon the prosecuting attorney of the county or may employ its own counsel
23 and legal staff. An authority may delegate to one (1) or more of its agents or
24 employees such powers or duties as it may deem proper.
25 SECTION 2. That Section 50-1910, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 50-1910. APPOINTMENT, QUALIFICATIONS AND TENURE OF COMMISSIONERS. When
28 the governing body of a city adopts a resolution as aforesaid, it shall
29 promptly notify the mayor of such adoption. Upon receiving such notice, the
30 mayor shall appoint, with the approval of the city council, five (5) or seven
31 (7) persons as commissioners of the authority created for said city. Commis-
32 sioners of the authority shall serve five (5) year terms. If the mayor
33 appoints, with the approval of the city council, five (5) persons as commis-
34 sioners of the authority, tThe commissioners, who are first appointed shall be
35 designated to serve for terms of one (1), two (2), three (3), four (4), and
36 five (5) years, except that all vacancies shall be filled for the unexpired
37 term. If the mayor appoints, with the approval of the city council, seven (7)
38 persons as commissioners of the authority, the commissioners who are first
39 appointed shall be designated to serve terms as follows: one (1) commissioner
40 for a one (1) year term, two (2) commissioners for two (2) year terms, two (2)
41 commissioners for three (3) year terms, one (1) commissioner for a four (4)
42 year term and one (1) commissioner for a five (5) year term, except that all
43 vacancies shall be filled for the unexpired term. Upon resolution by a govern-
44 ing body of a city, after an authority has been created with either five (5)
45 or seven (7) commissioners, the number of commissioners may be increased from
46 five (5) to seven (7) or reduced from seven (7) to five (5). No commissioner
47 of any authority may be an officer or employee of the city for which the
48 authority is created. A commissioner shall hold office until his successor has
49 been appointed and been qualified. A certificate of the appointment or reap-
50 pointment of any commissioner shall be filed with the clerk and such certifi-
51 cate shall be conclusive evidence of the due and proper appointment of such
52 commissioner. The service of a housing assistance recipient appointed as a
53 commissioner pursuant to 42 U.S.C. section 1437(b) shall be contingent upon
3
1 his continued receipt of housing assistance. A commissioner shall receive no
2 compensation for his services for the authority in any capacity, but he shall
3 be entitled to the necessary expenses, including travel expenses, incurred in
4 the discharge of his duties.
5 The powers of each authority shall be vested in the commissioners. Three
6 (3) A majority of the appointed commissioners shall constitute a quorum of the
7 authority for the purpose of conducting its business and exercising its powers
8 and for all other purposes. Action may be taken by the authority upon a vote
9 of a majority of the commissioners present. The bylaws of the authority shall
10 designate which of the commissioners appointed shall be the first chairman and
11 such chairman shall serve in the capacity of chairman until the expiration of
12 his term of office as commissioner. When the office of the chairman of the
13 authority thereafter becomes vacant, the commissioners shall select a chairman
14 from their number, a vice chairman, and may employ a secretary, an executive
15 director who shall serve as an at-will employee of the commissioners, techni-
16 cal experts and such other officers, agents and employees, permanent and tem-
17 porary, as it may require, and shall determine their qualifications, duties
18 and compensation. For such legal services as it may require, an authority may
19 call upon the city attorney of the city or may employ its own counsel and
20 legal staff. An authority may delegate to one (1) or more of its agents or
21 employees such powers or duties as it may deem proper.
STATEMENT OF PURPOSE
RS 11228
Amends existing law to allow counties and cities to appoint five
(5) or seven (7) commissioners to a county or city housing
authority. Clarifies that commissioners serve terms of five
years. Specifies the initial terms of commissioners of
authorities with seven (7) commissioners. Specifies that
counties or cities may later change the number of commissioners
from five (5) to seven (7) and from seven (7) to five (5).
Amends the requirement for a quorum of the authority.
FISCAL IMPACT
There is no fiscal impact to the state general fund or other state
funds. There is no fiscal impact on local governments.
Contact
Name: Rep. Bill Deal Sen. Jerry Thorne
Phone: 308/332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 352