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H0689...................................................by LOCAL GOVERNMENT
AUDITORIUM DISTRICT - Amends existing law to prohibit the use of auditorium
district funds to advertise or promote a measure, including a ballot
measure.
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to Loc Gov
02/19 Rpt out - Ref'd to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 689
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO THE GENERAL POWERS OF AUDITORIUM DISTRICTS; AMENDING SECTION
3 67-4912, IDAHO CODE, TO PROHIBIT THE USE OF AUDITORIUM DISTRICT FUNDS TO
4 ADVERTISE OR PROMOTE A MEASURE INCLUDING BALLOT MEASURES AND TO MAKE TECH-
5 NICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 67-4912, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-4912. 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 proceed-
14 ings;
15 (d) Except as otherwise provided in this act chapter, to enter into con-
16 tracts and agreements, cooperative and otherwise, affecting the affairs of the
17 district, including contracts with the United States of America and any of its
18 agencies or instrumentalities, and contracts with corporations, public or pri-
19 vate, municipalities, or governmental subdivisions, and to cooperate with any
20 one (1) or more of them in building, erecting, marketing or constructing
21 facilities within the district. Except in cases in which a district will
22 receive aid from a governmental agency, a notice shall be published for bids
23 on all construction contracts for work or material, or both, involving an
24 expense of five thousand dollars ($5,000) or more. The district may reject any
25 and all bids, and if it shall appear that the district can perform the work or
26 secure material for less than the lowest bid, it may proceed so to do;
27 (e) To borrow money and incur indebtedness and evidence the same by cer-
28 tificate, notes or debentures, and to issue bonds, in accordance with the pro-
29 visions of this act chapter;
30 (f) To acquire, dispose of and encumber real and personal property, and
31 any interest therein, including leases and easements within said district;
32 (g) To refund any bonded indebtedness of the district without any elec-
33 tion; provided, however, that the obligations of the district shall not be
34 increased by any refund of bonded indebtedness. Otherwise the terms and condi-
35 tions of refunding bonds shall be substantially the same as those of an origi-
36 nal issue of bonds;
37 (h) To have the management, control and supervision of all the business
38 and affairs of the district, and the construction, installation, operation and
39 maintenance of district facilities therein or therefor;
40 (i) To hire and retain agents, employees, engineers and attorneys;
41 (j) To construct and maintain works and establish and maintain facilities
42 across or along any public street or highway, and in, upon or over any vacant
43 public lands, which public lands are now, or may become, the property of the
2
1 state of Idaho, and to construct works and establish and maintain facilities
2 across any stream of water or watercourse; provided, however, that the dis-
3 trict shall promptly restore any such street or highway to its former state of
4 usefulness as nearly as may be, and shall not use the same in such manner as
5 to completely or unnecessarily impair the usefulness thereof;
6 (k) To fix and from time to time to increase or decrease rates, tolls or
7 charges for services or facilities furnished by the district, and to pledge
8 such revenue for the payment of any indebtedness of the district. The board
9 shall fix rates, tolls and charges;
10 (l) To petition to enlarge the district by obtaining the consent of not
11 less than ten percent (10%) of the qualified electors of any area to be so
12 included, and then to follow the procedure set forth herein for creating said
13 district;
14 (m) To promote any functions for said district, provided that said board
15 shall not engage in operations that are inconsistent with the purpose of said
16 district and, provided further, that no district funds shall be used to adver-
17 tise or promote a measure, as defined in section 67-4931, Idaho Code, includ-
18 ing a bonding measure; and it shall be the policy of the board not to compete
19 with existing facilities and services in the district, wherever practicable;
20 (n) To adopt and amend by-laws bylaws not in conflict with the constitu-
21 tion and laws of the state for carrying on the business, objects and affairs
22 of the board and of the districts;
23 (o) To have and exercise all rights and powers necessary or incidental to
24 or implied from the specific powers granted herein, except that districts
25 formed prior to January 1, 1987, or districts with twenty-five thousand
26 (25,000) or more population shall have no power to levy and collect ad valorem
27 property taxes. Such specific powers shall not be considered as a limitation
28 upon any power necessary or appropriate to carry out the purposes and intent
29 of this act chapter.
STATEMENT OF PURPOSE
RS 13965
This legislation prohibits the use of auditorium district funds to
advertise or promote ballot measures of the district. A "ballot
measure" would include proposals to create or dissolve an
auditorium district, as well as proposals to incur bonded
indebtedness.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: David Kerrick
Phone: 870-5544
STATEMENT OF PURPOSE/FISCAL NOTE H 689