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H0339.....................................................by WAYS AND MEANS
WATER/SEWER DISTRICTS - Amends existing law to authorize the board of
directors of a water and/or sewer district to maintain access to facilities
and works by the removal of snow from roads and lands.
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
03/17 3rd rdg - PASSED - 62-3-5
AYES -- Barraclough, Barrett, Bauer, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
Meyer, Miller, Mitchell, Naccarato, Nielsen, Ridinger, Ring, Ringo,
Roberts, Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,
Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wood, Mr.
Speaker
NAYS -- Moyle, Raybould, Schaefer
Absent and excused -- Andersen, Crow, Deal, Smith(30), Wills
Floor Sponsor - Meyer
Title apvd - to Senate
03/19 Senate intro - 1st rdg - to Loc Gov
03/25 Rpt out - rec d/p - to 2nd rdg
03/26 2nd rdg - to 3rd rdg
03/31 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bailey, Brandt, Burkett(Roberts), Bunderson,
Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McKenzie, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- McWilliams, Noble
Floor Sponsor - Compton
Title apvd - to House
04/01 To enrol
04/02 Rpt enrol - Sp signed
04/03 Pres signed
04/04 To Governor
04/08 Governor signed
Session Law Chapter 272
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 339
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO WATER AND SEWER DISTRICTS; AMENDING SECTION 42-3212, IDAHO CODE,
3 TO PROVIDE THAT THE BOARD SHALL HAVE THE POWER TO MAINTAIN ACCESS TO
4 FACILITIES AND WORKS BY THE REMOVAL OF SNOW FROM ROADS AND LANDS, TO PRO-
5 VIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 42-3212, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 42-3212. GENERAL POWERS OF BOARD. For and on behalf of the district the
10 board shall have the following powers:
11 (a) To have perpetual existence;
12 (b) To have and use a corporate seal;
13 (c) To sue and be sued, and be a party to suits, actions and proceedings;
14 (d) Except as otherwise provided in this act chapter, to enter into con-
15 tracts and agreements, cooperative and otherwise, affecting the affairs of the
16 district, including contracts with the United States of America and any of its
17 agencies or instrumentalities, and contracts with corporations, public or pri-
18 vate, municipalities, or governmental subdivisions, and to cooperate with any
19 one (1) or more of them in building, erecting or constructing works, canals,
20 pipelines, sewage treatment plants, and other facilities within or without the
21 district. Except in cases in which a district will receive aid from a govern-
22 mental agency, a notice shall be published for bids on all construction con-
23 tracts involving an expense of fifteen thousand dollars ($15,000) or more for
24 labor, materials and equipment, which sum shall exclude design costs, bid
25 advertising and related bidding expenses. The district may reject any and all
26 bids, and if it shall appear that the district can perform the work or secure
27 material for less than the lowest bid, it may proceed so to do;
28 (e) To borrow money and incur indebtedness and evidence the same by cer-
29 tificate, notes or debentures, and to issue bonds, in accordance with the pro-
30 visions of this act chapter;
31 (f) To acquire, dispose of and encumber real and personal property,
32 water, water rights, water and sewage systems and plants, and any interest
33 therein, including leases and easements within or without said district;
34 (g) To refund any bonded indebtedness of the district without an elec-
35 tion; provided, however, that the obligations of the district shall not be
36 increased by any refund of bonded indebtedness. Otherwise, the terms and con-
37 ditions of refunding bonds shall be substantially the same as those of an
38 original issue of bonds;
39 (h) To have the management, control and supervision of all the business
40 and affairs of the district, and the construction, installation, operation and
41 maintenance of district improvements therein or therefor;
42 (i) To hire and retain agents, employees, engineers and attorneys;
43 (j) To have and exercise the power of eminent domain in the manner pro-
2
1 vided by law for the condemnation of private property for public use to take
2 any property necessary to the exercise of the powers herein granted, both
3 within and without the district;
4 (k) To construct and maintain works and establish and maintain facilities
5 across or along any public street or highway, and in, upon, or over any vacant
6 public lands, which public lands are now, or may become, the property of the
7 state of Idaho, and to construct works and establish and maintain facilities
8 across any stream of water or watercourse, and to maintain access to facili-
9 ties and works by the removal of snow from roads and lands; provided, however,
10 that the district shall promptly restore any such street or highway to its
11 former state of usefulness as nearly as may be, and shall not use the same in
12 such manner as to completely or unnecessarily impair the usefulness thereof;
13 (l) To fix and from time to time to increase or decrease water and sewer
14 rates, tolls or charges for services or facilities furnished by the district,
15 and to pledge such revenue for the payment of any indebtedness of the dis-
16 trict. The board shall fix rates, tolls and charges and the time or times for
17 the payment thereof. All such rates, tolls and charges not paid within thirty
18 (30) days after the date fixed for the payment thereof shall become delin-
19 quent; the board shall certify all such delinquent rates, tolls and charges to
20 the tax collector of the county by the district, not later than the first day
21 of August and shall be, by said tax collector, placed upon the tax roll and
22 collected in the same manner and subject to the same penalties as other dis-
23 trict taxes; provided, however, that special assessments certified to the tax
24 collector which are placed on property qualifying for a hardship exemption may
25 be returned to the taxing district from which they originated if the special
26 assessments are not paid within three (3) years. The date of priority of such
27 lien shall be the date upon which such charge becomes delinquent. The board
28 shall shut off or discontinue service for delinquencies in the payment of such
29 rates, tolls or charges, or in the payment of taxes levied pursuant to this
30 act chapter, and prescribe and enforce rules and regulations for the connec-
31 tion with and the disconnection from properties of the facilities of the dis-
32 trict. For health and sanitary purposes the board shall have the power to com-
33 pel the owners of inhabited property within a sewer district to connect their
34 property with the sewer system of such district, and upon a failure so to con-
35 nect within sixty (60) days after written notice by the board so to do the
36 board may cause such connection to be made and a lien to be filed against the
37 property for the expense incurred in making such connection, provided, how-
38 ever, that no owner shall be compelled to connect his property with such sys-
39 tem unless a service line is brought, by the district, to a point within two
40 hundred (200) feet of his dwelling place;
41 (m) To adopt and amend by-laws bylaws not in conflict with the constitu-
42 tion and laws of the state for carrying on the business, objects and affairs
43 of the board and of the district;
44 (n) To have and exercise all rights and powers necessary or incidental to
45 or implied from the specific powers granted herein. Such specific powers shall
46 not be considered as a limitation upon any power necessary or appropriate to
47 carry out the purposes and intent of this act chapter.
STATEMENT OF PURPOSE
RS 13137
The purpose of this bill is to clarify that as part of existing
authority under I.C. 42-3212 (k) "to maintain facilities" that a
Sewer and Water District has the authority to remove snow from
roads and lands in order to provide access to those facilities.
FISCAL IMPACT
This is no fiscal impact to the state of Idaho.
Contact
Name: Rep. Wayne Meyer
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 339