2003 Legislation
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HOUSE BILL NO. 339 – Water/sewer dist, snow removal


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Daily Data Tracking History

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.
      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

Bill Text

  ||||              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
  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-
  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 / Fiscal Impact

                       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.

Name: Rep. Wayne Meyer 
Phone: (208) 332-1000