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HOUSE BILL NO. 256 – Official notices, newspapers

HOUSE BILL NO. 256

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H0256......................................................by STATE AFFAIRS
OFFICIAL NOTICES - Amends, repeals and adds to existing law to revise
notice publication requirements; and to revise provisions applicable to
rates for official notices.
                                                                        
02/23    House intro - 1st rdg - to printing
02/24    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 256
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLICATION REQUIREMENTS; AMENDING SECTIONS  18-8324  AND  21-504,
  3        IDAHO  CODE,  TO  REVISE NOTICE PUBLICATION REQUIREMENTS; AMENDING SECTION
  4        21-805B, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS AND TO MAKE
  5        TECHNICAL CORRECTIONS; AMENDING SECTION  22-201,  IDAHO  CODE,  TO  REVISE
  6        NOTICE  PUBLICATION REQUIREMENTS AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
  7        ING SECTIONS 22-302, 22-1202, 22-2405, IDAHO CODE, TO REVISE NOTICE PUBLI-
  8        CATION REQUIREMENTS; AMENDING SECTIONS 22-3604 AND 22-3704, IDAHO CODE, TO
  9        REVISE NOTICE PUBLICATION REQUIREMENTS AND TO MAKE TECHNICAL  CORRECTIONS;
 10        AMENDING  SECTIONS 22-4301 AND 27-106, IDAHO CODE, TO REVISE NOTICE PUBLI-
 11        CATION REQUIREMENTS; AMENDING SECTIONS 27-112 AND 27-118, IDAHO  CODE,  TO
 12        REVISE  NOTICE PUBLICATION REQUIREMENTS AND TO MAKE TECHNICAL CORRECTIONS;
 13        AMENDING SECTIONS 27-126, 31-202, 31-407 AND 31-808, IDAHO CODE, TO REVISE
 14        NOTICE PUBLICATION REQUIREMENTS;  AMENDING  SECTIONS  31-819  AND  31-903,
 15        IDAHO  CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS AND TO MAKE TECHNI-
 16        CAL CORRECTIONS; AMENDING SECTIONS 31-1003,  31-1404  AND  31-1411,  IDAHO
 17        CODE,   TO   REVISE  NOTICE  PUBLICATION  REQUIREMENTS;  AMENDING  SECTION
 18        31-1411A, IDAHO CODE, TO REVISE NOTICE  PUBLICATION  REQUIREMENTS  AND  TO
 19        MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTIONS  31-1417A,  31-1419A AND
 20        31-1427, IDAHO CODE, TO REVISE NOTICE PUBLICATION  REQUIREMENTS;  AMENDING
 21        SECTION 31-1435, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS AND
 22        TO  MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION 31-1604, IDAHO CODE, TO
 23        REVISE NOTICE PUBLICATION REQUIREMENTS AND TO REVISE TERMINOLOGY;  REPEAL-
 24        ING  SECTION  31-2306,  IDAHO CODE, RELATING TO JOINT STATEMENT BY AUDITOR
 25        AND TREASURER; AMENDING SECTION 31-3601, IDAHO CODE, TO REVISE NOTICE PUB-
 26        LICATION REQUIREMENTS AND TO MAKE A TECHNICAL  CORRECTION;  AMENDING  SEC-
 27        TIONS  31-3616A,  31-3908,  31-4003,  31-4004,  31-4118, 31-4304, 31-4330,
 28        31-4505 AND 31-4510, IDAHO CODE, TO  REVISE  NOTICE  PUBLICATION  REQUIRE-
 29        MENTS;  AMENDING SECTION 31-4701, IDAHO CODE, TO REVISE NOTICE PUBLICATION
 30        REQUIREMENTS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION  34-602,
 31        IDAHO  CODE,  TO REVISE NOTICE PUBLICATION REQUIREMENTS; AMENDING SECTIONS
 32        34-1405 AND 38-505, IDAHO CODE, TO REVISE NOTICE PUBLICATION  REQUIREMENTS
 33        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 38-809, IDAHO CODE, TO
 34        REVISE NOTICE PUBLICATION REQUIREMENTS; AMENDING SECTIONS 38-1017, 38-1020
 35        AND  38-1025, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS AND TO
 36        MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-128, IDAHO CODE, TO REVISE
 37        NOTICE PUBLICATION REQUIREMENTS AND TO MAKE TECHNICAL CORRECTIONS;  AMEND-
 38        ING SECTION 39-423, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS;
 39        AMENDING  SECTION  39-1319, IDAHO CODE, TO REVISE A DEFINITION AND TO MAKE
 40        TECHNICAL CORRECTIONS; AMENDING SECTIONS 39-1322 AND 39-1323, IDAHO  CODE,
 41        TO  REVISE  NOTICE  PUBLICATION REQUIREMENTS AND TO MAKE TECHNICAL CORREC-
 42        TIONS; AMENDING SECTIONS  39-1328,  39-1340,  39-2802,  39-2810,  39-5806,
 43        39-5814,  39-7408  AND  39-7408D, IDAHO CODE, TO REVISE NOTICE PUBLICATION
 44        REQUIREMENTS; AMENDING SECTIONS 39-7411 AND 39-7910, IDAHO CODE, TO REVISE
 45        NOTICE PUBLICATION REQUIREMENTS AND TO MAKE TECHNICAL CORRECTIONS;  AMEND-
 46        ING SECTIONS 50-227, 50-326 AND 50-1708, IDAHO CODE, TO REVISE NOTICE PUB-
                                                                        
                                           2
                                                                        
  1        LICATION   REQUIREMENTS;  AMENDING  SECTIONS  50-1752,  50-2006,  50-2008,
  2        50-2011 AND 50-2012, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS
  3        AND TO MAKE TECHNICAL CORRECTIONS;  AMENDING  SECTIONS  50-2202,  50-2605,
  4        50-2718  AND  50-2906,  IDAHO  CODE, TO REVISE NOTICE PUBLICATION REQUIRE-
  5        MENTS; AMENDING SECTION 60-105, IDAHO CODE, TO REVISE PROVISIONS  APPLICA-
  6        BLE  TO  RATES  FOR  OFFICIAL  NOTICES AND TO MAKE A TECHNICAL CORRECTION;
  7        REPEALING SECTION 60-106, IDAHO CODE, RELATING TO QUALIFICATIONS OF  NEWS-
  8        PAPERS  PRINTING  LEGAL NOTICES; AMENDING CHAPTER 1, TITLE 60, IDAHO CODE,
  9        BY THE ADDITION OF A NEW SECTION 60-106, IDAHO CODE, TO SET FORTH REQUIRE-
 10        MENTS FOR LEGAL NOTICES AND QUALIFICATIONS OF  NEWSPAPERS  PRINTING  LEGAL
 11        NOTICES;  AND AMENDING SECTIONS 63-810, 63-1005, 63-1102, 67-913, 67-2321,
 12        67-2323, 67-6509 AND 67-6538, IDAHO CODE,  TO  REVISE  NOTICE  PUBLICATION
 13        REQUIREMENTS.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION  1.  That  Section 18-8324, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        18-8324.  DISSEMINATION OF REGISTRY INFORMATION. (1) The department  shall
 18    disseminate any registration information collected under this chapter, includ-
 19    ing  change  of address notification, to criminal justice agencies through the
 20    telecommunications system established in section 19-5202, Idaho Code. Registry
 21    information provided under this section shall be used only for the administra-
 22    tion of criminal justice or for the protection of the public as  permitted  by
 23    this chapter.
 24        (2)  The  department shall provide quarterly to the superintendent of pub-
 25    lic instruction and to the director of the department of health and welfare  a
 26    list  of  all  sexual offenders required to register with the central registry
 27    together with the address, date of birth and  crime  of  conviction  for  each
 28    offender  listed.  The  superintendent may further distribute the list or por-
 29    tions thereof to school districts or to schools.
 30        (3)  The department shall release  quarterly  to  the  public  a  list  of
 31    offenders  thirty  (30) days or more delinquent in maintaining registration or
 32    address verification. Offenders subject to being listed include those who have
 33    failed:
 34        (a)  To register with a sheriff after initial registration  under  section
 35        18-8307, Idaho Code;
 36        (b)  To register annually as required in section 18-8307, Idaho Code; and
 37        (c)  To  respond  to an address verification notice as required in section
 38        18-8308, Idaho Code.
 39        (4)  The department shall include a cautionary statement relating to  com-
 40    pleteness, accuracy and use of registry information when releasing information
 41    to  the public or noncriminal justice agencies as well as a statement concern-
 42    ing the penalties provided in section 18-8326, Idaho Code, for misuse of  reg-
 43    istry information.
 44        (5)  Information  released  pursuant  to this section may be used only for
 45    the protection of the public.
 46        (6)  Further dissemination of registry information by any person or entity
 47    shall include the cautionary statements required in  subsection  (4)  of  this
 48    section.
 49        (7)  Upon  registration  in  a  county of a person classified as a violent
 50    sexual predator presenting a high risk of reoffense by the Idaho sex  offender
 51    classification  board,  or  an equivalent classification in another state, the
 52    sheriff shall publish in a  the  official  newspaper  in  general  circulation
                                                                        
                                           3
                                                                        
  1    within  of  the  county once a week for three (3) consecutive weeks, the name,
  2    address, photograph of said person and  offense  the  offender  has  committed
  3    within  thirty  (30)  days  of registration. The sheriff shall charge a fee of
  4    fifty dollars ($50.00) in addition to any other fees authorized by this  chap-
  5    ter to be paid by the sex offender to offset the cost of publication.
                                                                        
  6        SECTION  2.  That  Section  21-504, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        21-504.  PROCEDURE FOR ZONING AN AIRPORT HAZARD AREA.  No  airport  hazard
  9    shall  be  zoned  or  an  existing zoning amended or changed by the department
 10    except after a public hearing in relation thereto, at which hearing parties in
 11    interest and any citizen shall have an opportunity to be heard. At least  fif-
 12    teen  (15)  days'  notice of such hearing shall be published in a the official
 13    newspaper of general circulation printed in the county in which  such  airport
 14    hazard  is  situated and if there be no such newspaper, then by posting a copy
 15    of the notice in three (3) of the most public places in the county.
 16        The notice shall refer all persons interested to  the  maps  of  the  area
 17    involved  and the proposed regulations on file with the county recorder of the
 18    county in which the airport is located. The date, time and place of the  hear-
 19    ings shall also be set forth in the notice. At such hearing all persons inter-
 20    ested  may  appear  either  in  person,  in writing or by counsel and make any
 21    objections they may have to the proposed regulations. The director shall  pre-
 22    side at the hearing and a record of all objections filed shall be kept on file
 23    in the office of the director. The meeting may be continued from day to day to
 24    permit  all who appear on the day of the hearing adequate time to be heard and
 25    the proposed regulations may at the conclusion  of  the  hearing  be  declared
 26    adopted  by  the  director  or  he  may amend the regulations by lessening the
 27    requirements contained therein and declare the amended regulations adopted but
 28    the director shall not increase the regulations without repeating  the  notice
 29    provided  for  by this section. After the regulations have been adopted copies
 30    thereof and copies of  the  maps  corrected  to  reflect  the  regulations  as
 31    approved  by  the director shall be permanently filed with the county recorder
 32    of the county in which the airport or any part thereof is situated.
                                                                        
 33        SECTION 3.  That Section 21-805B, Idaho Code, be, and the same  is  hereby
 34    amended to read as follows:
                                                                        
 35        21-805B.  WITHDRAWAL  FROM  EXISTING AUTHORITY -- ELECTION -- INDEBTEDNESS
 36    APPORTIONMENT -- TRUSTEE REPRESENTATION. Subsequent to the organization  of  a
 37    regional  airport  authority,  the electors of any county which has joined the
 38    regional airport authority may call for an election to have such county  with-
 39    draw  from  the authority in the manner, and subject to the provisions, herein
 40    in this section provided:
 41        (1)  Such election for withdrawal may be called for by the  submission  to
 42    the  board of trustees of the regional airport authority of petitions contain-
 43    ing the statements and information hereinafter set forth, signed by  not  less
 44    than  five  percent  (5%)  of the qualified electors of each county which is a
 45    member of the authority, as defined in section 34-402, Idaho Code, existing as
 46    of the date of submission of such petitions to the county clerks for verifica-
 47    tion as hereinafter provided.
 48        (2)  Prior to submitting such petition for  withdrawal  to  the  board  of
 49    trustees of the regional airport authority, the electors submitting such peti-
 50    tion  shall  obtain from the county clerks of each county which is a member of
 51    the authority, and submit to the board of trustees with such petitions, a ver-
                                                                        
                                           4
                                                                        
  1    ification of the validity of the signatures upon such petitions;  a  verifica-
  2    tion  as to which of such signatures are those of electors qualified in accor-
  3    dance with the provisions of section 34-402, Idaho Code, at the  time  of  the
  4    submission  of  the  petition;  and  a certification as to the total number of
  5    qualified electors existing in the county as of the date of the submission  of
  6    such petition to the clerk.
  7        (3)  The  petitions  submitted  shall  specify the county whose withdrawal
  8    from  the authority is sought, and shall  contain  the  names,  addresses  and
  9    dates  of  signing of each of the electors signing such petition, and the fol-
 10    lowing statements:  that the persons signing are  bona  fide  residents  of  a
 11    county  within  the  authority  and electors qualified under the provisions of
 12    section 34-402, Idaho Code; that the persons signing desire to have  an  elec-
 13    tion  held  to  determine  whether or not the county specified in the petition
 14    should withdraw from the regional airport  authority;  and  that  the  persons
 15    signing  understand  that if such withdrawal should become effective following
 16    an election, the taxpayers and property of the county withdrawing would remain
 17    liable following such withdrawal for that county's proportionate share of  all
 18    bonded,  warrant,  and  other  indebtedness  incurred  by the regional airport
 19    authority prior to the time of such withdrawal as determined by the  board  of
 20    trustees in accordance with the provisions herein provided.
 21        (4)  Upon  receiving  such  petitions and the verifications and certifica-
 22    tions from the county clerks of each county which is a member of  the  author-
 23    ity,  the  board  of  trustees shall, at its next regularly scheduled meeting,
 24    determine the percentage that the assessed valuation of the county whose with-
 25    drawal is petitioned bears to the total assessed valuation figures utilized in
 26    the authority's most recent ad  valorem  property  budget  certification,  and
 27    shall forward such petitions, county clerks' verifications and certifications,
 28    and  assessed  valuation  percentage determination to the Idaho transportation
 29    department with a request that the Idaho transportation  department  enter  an
 30    order  directing  the  board of county commissioners of each county which is a
 31    member of the authority to hold an election for  the  purpose  of  determining
 32    whether  or  not  the  withdrawal  petitioned for should be approved or disap-
 33    proved.
 34        (5)  Upon receipt of such petitions, county clerks' verifications and cer-
 35    tifications, assessed valuation percentage computation, and request  from  the
 36    regional  airport authority, the Idaho transportation department shall, within
 37    ten (10) days of receipt thereof, enter and forward to  the  board  of  county
 38    commissioners  of  each  county  which  is  a member of the authority an order
 39    directing such boards of county commissioners to conduct  an  election  within
 40    their  counties,  in  the manner herein described, to determine whether or not
 41    such withdrawal from the regional airport should be approved, and  to  canvass
 42    the  returns  thereof, and to certify the results of such canvass to the Idaho
 43    transportation department and the  regional  airport  authority.   Such  order
 44    shall  direct  that  such  election shall be held on the next election held as
 45    provided in section 34-106, Idaho Code, following such  order;  shall  specify
 46    the  amount  of the existing regional airport authority indebtedness for which
 47    the county will remain liable should withdrawal be approved; and  shall  order
 48    that  such information be set forth on the notice of election and ballot to be
 49    prepared by the counties.
 50        (6)  Upon receipt of such order from the Idaho transportation  department,
 51    the  county  commissioners  of  each county which is a member of the authority
 52    shall enter an order directing that an election shall  be  held  on  the  next
 53    election  held  as provided in section 34-106, Idaho Code, following the order
 54    from the Idaho transportation department to determine whether or not the with-
 55    drawal from the regional airport authority petitioned for should be  approved.
                                                                        
                                           5
                                                                        
  1    Such  election  shall thereafter be conducted as provided in chapter 14, title
  2    34, Idaho Code, by the county commissioners and notice thereof shall  be  pub-
  3    lished  in  a  the official newspaper of general circulation within the county
  4    once not less than twelve (12) days prior to the election, and a  second  time
  5    not less than five (5) days preceding the holding of the election.  The notice
  6    shall  specify  that  the  purpose  thereof is to determine whether or not the
  7    county specified in the petition should withdraw  from  the  regional  airport
  8    authority;  shall  designate the polling  places within the county where elec-
  9    tors may vote upon such question; shall specify the  times  during  which  the
 10    polling  places  will be open; shall specify that persons wishing to vote must
 11    possess the qualifications of electors as set forth in section  34-402,  Idaho
 12    Code; and shall state that if such withdrawal becomes effective, the taxpayers
 13    and  property  of  the county whose withdrawal is approved shall remain liable
 14    following such withdrawal for the percentage of all bonded, warrant, and other
 15    indebtedness of the regional airport authority  determined  by  the  board  of
 16    trustees  and  certified to the Idaho transportation department as hereinabove
 17    provided, existing as of the date of such election.  The county  commissioners
 18    shall  arrange  for such polling places; appoint the necessary election judges
 19    and other personnel required to conduct such election; and shall conduct  such
 20    election  at  the  time  and  at  the  polling  places specified in the notice
 21    thereof. At its next regularly scheduled meeting following the holding of such
 22    election the boards of county commissioners  shall  canvass  and  certify  the
 23    results  thereof  to the Idaho transportation department and the regional air-
 24    port authority.  All costs and expenses incurred in conducting  such  election
 25    shall be paid by the counties conducting such election.
 26        (7)  The ballot used in such election shall indicate the percentage of the
 27    existing  liability  of the authority for which the county taxpayers and prop-
 28    erty of the withdrawing county shall remain  liable  if  withdrawal  from  the
 29    authority  is approved, and the question to be submitted to the voters by such
 30    ballot shall be whether or not the county specified should withdraw  from  the
 31    regional  airport authority, and shall be followed by a box in which the voter
 32    may express his choice, either yes or no, by marking an "X" in  the  appropri-
 33    ately designated box.
 34        (8)  If a majority of the voters voting at such election shall vote in the
 35    affirmative for the withdrawal of the county from the regional airport author-
 36    ity,  the  board  of  trustees of the regional airport authority at their next
 37    regular meeting following certification of such election results  to  them  by
 38    the  boards  of  county commissioners, shall determine the total amount of all
 39    bonded, warrant, and other indebtedness of the authority existing  as  of  the
 40    date   of   such   election,  and  shall  certify  the  amounts  of  all  such
 41    indebtednesses, and to whom  owed,  to  the  Idaho  transportation  department
 42    within  ten  (10) days following such meeting.  If the certifications from the
 43    boards of county commissioners shall indicate that a majority  of  the  voters
 44    voting  at such election voted in the negative on the question of whether such
 45    counties should withdraw from the authority, the board of  trustees  need  not
 46    make  such  determination or certification to the Idaho transportation depart-
 47    ment.
 48        (9)  If the Idaho transportation department receives a certification  from
 49    the  boards of county commissioners that such election has been held, that the
 50    votes thereof have been canvassed, and that a majority of the  persons  voting
 51    at  such  election  have voted in the affirmative to have such county withdraw
 52    from the regional airport authority, the Idaho transportation department shall
 53    upon receipt of certification from the board of trustees of the regional  air-
 54    port authority of the amount of bonded, warrant, and other indebtedness of the
 55    authority  existing  as of the date of such election, enter and deliver to the
                                                                        
                                           6
                                                                        
  1    board of county commissioners of each county which is a member of the  author-
  2    ity  and the board of trustees of the regional airport authority an order that
  3    the electors having voted in the affirmative for such withdrawal,  the  county
  4    specified  is  detached from the regional airport authority.  Such order shall
  5    further itemize the total bonded,  warrant,  and  other  indebtedness  of  the
  6    regional airport authority existing as of the date of such election, and shall
  7    order that the county detached from the authority is, and shall remain, liable
  8    for  the percentage of such indebtedness previously determined by the order of
  9    the Idaho transportation department ordering such election, and such  detached
 10    county    shall thereafter remain liable to the regional airport authority for
 11    the amount determined by applying the percentage so determined to the existing
 12    indebtedness so determined.
 13        (10) Notwithstanding the detachment of such county from the regional  air-
 14    port  authority, the board of trustees of the regional airport authority shall
 15    annually thereafter, until the full amount owing by such  detached  county  is
 16    paid,  determine  and certify annually to the board of county commissioners of
 17    such detached county the dollar amount necessary to be raised by an ad valorem
 18    property tax on all property within the county to pay such  detached  county's
 19    share  of  all bonded, warrant, and other indebtedness existing as of the date
 20    of the election approving such detachment as herein set forth. The county com-
 21    missioners of such detached county shall thereafter compute the amount  of  ad
 22    valorem property tax necessary to raise the amount so certified and shall levy
 23    and  collect  such  tax  in the same manner as other ad valorem property taxes
 24    levied by the county.  After such detachment the detached county and the prop-
 25    erty therein shall not be subject to taxation by the regional airport  author-
 26    ity  for  the  future  operations of the regional airport authority or for the
 27    repayment of any indebtedness incurred by the authority subsequent to the date
 28    of the election approving such detachment.
 29        (11) Nothing in this act chapter  shall  be  construed  as  impairing  the
 30    validity  of any bonds or warrants of the regional airport authority outstand-
 31    ing at the time of the detachment of any county therefrom pursuant to the pro-
 32    visions of this section; nor shall the  detachment  of  any  county  from  the
 33    regional  airport  authority pursuant to the provisions of this section in any
 34    way affect the rights of holders of general obligation  bonds  issued  by  the
 35    regional airport authority at any time when the detached county was a partici-
 36    pating member of the regional airport authority.
 37        (12) From  and  after entry of the order of detachment by the Idaho trans-
 38    portation department the office of trustee of any trustee elected from a  leg-
 39    islative  district  lying  wholly within such detached county shall terminate,
 40    and the trustee occupying such office shall thereafter have  no  authority  to
 41    sit  as  a  member  of  the  board  of trustees of the authority.  Any trustee
 42    elected from a legislative district lying partly within such  detached  county
 43    and  partly  within other counties remaining within the authority shall retain
 44    his office as a member of the board of trustees of the  authority,  but  shall
 45    from the date of the entry of the order by the Idaho transportation department
 46    ordering  such detachment represent only that area in the legislative district
 47    from which he was elected which lies within counties remaining in the  author-
 48    ity after such detachment.
                                                                        
 49        SECTION  4.  That  Section  22-201, Idaho Code, be, and the same is hereby
 50    amended to read as follows:
                                                                        
 51        22-201.  CREATION OF COUNTY FAIR BOARDS. County fair boards for  the  pur-
 52    pose  of  conducting  county  fairs  may be created in the following manner: A
 53    petition signed by at least five (5) and not more than ten (10) persons,  each
                                                                        
                                           7
                                                                        
  1    of  whom must be a qualified elector of the county may be filed with the clerk
  2    of the board of county commissioners of any county. Upon receipt of such peti-
  3    tion the board of county commissioners shall immediately cause  the  clerk  to
  4    give  notice by publication in a the official newspaper of general circulation
  5    printed within the county, for not less than two (2) weeks, to the effect that
  6    a petition for the creation of a county fair board has  been  filed  with  the
  7    clerk  of the board of county commissioners and that a hearing on the petition
  8    will be held by the board of county commissioners on  a  date  named  in  such
  9    notice  not  less  than three (3) nor more than six (6) weeks from the date of
 10    the first publication of such notice.
 11        Whenever a county has conducted a county fair for at least two (2) consec-
 12    utive years immediately prior to the enactment of this act chapter,  it  shall
 13    not be necessary to file a petition, but in such case the board of county com-
 14    missioners may cause the clerk to publish a notice in a the official newspaper
 15    of  general circulation printed within the county, for at least two (2) weeks,
 16    to the effect that it is the intention of the board of county commissioners of
 17    such county to create a county fair board for  the  purpose  of  conducting  a
 18    county  fair in accordance with the provisions of this act chapter, and that a
 19    hearing on the same will be held by the board of  county  commissioners  on  a
 20    date  named in such notice not less than three (3) nor more than six (6) weeks
 21    from the date of the first publication of such notice.
                                                                        
 22        SECTION 5.  That Section 22-302, Idaho Code, be, and the  same  is  hereby
 23    amended to read as follows:
                                                                        
 24        22-302.  CANVASS  OF  PETITIONS  --  ORDER ON PETITION -- JOINT MEETING OF
 25    COUNTY BOARDS. The respective boards shall meet in their  respective  counties
 26    on the day fixed and canvass the petitions, and ascertain that they are signed
 27    by  the  requisite  number of voters, and that they are in due form. Any voter
 28    within the county may appear and object to the form of petition or  the  genu-
 29    ineness  of  the signatures, or that the required number of voters have failed
 30    to sign. If the board finds that the petition is in due form,  signed  by  the
 31    required  number of bona fide voters, an order shall be made declaring that it
 32    is the wish of the voters of the county to form a  fair  district,  comprising
 33    the  respective counties named in the petition, and directing the clerk of the
 34    board of county commissioners to so inform the clerk  of  each  of  the  other
 35    county  boards  of  commissioners,  and  to arrange for a time and place for a
 36    joint meeting of the respective boards.
 37        The clerk of the board shall thereupon inform, by writing, the  clerks  of
 38    each of the other boards, and suggest a time and place for a joint meeting. By
 39    a  majority  vote the clerks shall fix the time and place, and notify the com-
 40    missioners. Notice of such joint meeting shall be published for two (2)  weeks
 41    in  a  the official newspaper in of each county. The meeting shall be not less
 42    than two (2) weeks nor more than four (4) weeks from the date of  the  clerks'
 43    agreement.
                                                                        
 44        SECTION  6.  That  Section 22-1202, Idaho Code, be, and the same is hereby
 45    amended to read as follows:
                                                                        
 46        22-1202.  POTATO COMMISSION CREATED. There is hereby  created  and  estab-
 47    lished  in the department of self-governing agencies the "Idaho potato commis-
 48    sion" to be composed of nine (9) practical potato persons,  resident  citizens
 49    of  the state of Idaho for a period of three (3) years prior to their appoint-
 50    ment each of whom has had active experience in growing, or shipping, or  proc-
 51    essing  of  potatoes produced in the state of Idaho. At least five (5) members
                                                                        
                                           8
                                                                        
  1    of said commission shall be growers who are actually now engaged in  the  pro-
  2    duction of potatoes. Two (2) of the members shall be shippers who are actually
  3    now  engaged  in the shipping of potatoes, and two (2) of the members shall be
  4    processors who are actually now engaged in the  processing  of  potatoes.  The
  5    qualifications for members of said commission as above required shall continue
  6    throughout  their respective terms of office. Three (3) growers shall be nomi-
  7    nated for each grower vacancy that  occurs,  from  which  the  governor  shall
  8    appoint one (1). Two (2) grower commissioners shall be appointed from the dis-
  9    trict known as District No. 1, consisting of the counties of Oneida, Franklin,
 10    Bear Lake, Caribou, Bannock, Power, Bingham,  Bonneville, Teton, Madison, Jef-
 11    ferson,  Fremont, Clark, Butte, Custer, and Lemhi; one (1) grower commissioner
 12    shall be appointed from the district known as District No. 2A,  consisting  of
 13    the counties of Twin Falls, Jerome, Lincoln, Camas, Elmore, Boise, Valley, and
 14    Gooding;  one  (1)  grower  commissioner  shall be appointed from the district
 15    known as District No. 2B, consisting of  the  counties  of  Cassia,  Minidoka,
 16    Blaine,  Custer  and Lemhi; and one (1) grower commissioner shall be appointed
 17    from the district known as District No. 3, consisting of the counties of  Owy-
 18    hee,  Ada,  Canyon,  Gem, Payette, Washington, Adams, Idaho, Lewis, Nez Perce,
 19    Clearwater, Latah, Benewah, Shoshone, Kootenai, Bonner,  and  Boundary.  Three
 20    (3)  shippers  shall  be  nominated  for each shipper vacancy that occurs from
 21    which the governor shall appoint one (1). Shipper commissioners do not  neces-
 22    sarily  need  to  be  nominated  from geographical areas. Three (3) processors
 23    shall be nominated for each processor vacancy that occurs from which the  gov-
 24    ernor  shall  appoint one (1). Processor commissioners do not necessarily need
 25    to be nominated from geographical areas. Nominations must be made thirty  (30)
 26    days  prior  to  appointment. All nominations must give equal consideration to
 27    all who are eligible for appointment as defined in this act. The Idaho  potato
 28    commission  shall  hold separate meetings of the growers, shippers, or proces-
 29    sors, as the nominations to be made shall require, in the  various  districts,
 30    to  determine  who shall be nominated for appointment. Notice of said meetings
 31    shall be given by publication in one (1) the official newspaper  published  in
 32    of  each  county of the district or districts in which said nominations are to
 33    be made, and the notice shall be published in two (2)  issues  of  each  news-
 34    paper,  the first to be approximately thirty (30) days and the second approxi-
 35    mately ten (10) days before said meeting. The notice shall state the  purpose,
 36    time  and  place of said meeting. All meetings held for the selection of nomi-
 37    nees shall be held prior to March 31 of the year the appointment  or  appoint-
 38    ments are to be made.
 39        The  term  of  office  shall  be three (3) years and no commissioner shall
 40    serve more than two (2) consecutive terms. The  commissioners  shall  elect  a
 41    chairman for a term of one (1) year.
 42        Vacancies  shall  be  filled  as  terms expire. Each of such commissioners
 43    shall hold office until his successor has been appointed  and  qualified.  The
 44    term  of  office shall commence on September 15 of the year of appointment and
 45    expire on September 14 of the last year of the term of office.
 46        A majority of the members of said commission shall constitute a quorum for
 47    the transaction of all business and the carrying out of  the  duties  of  said
 48    commission.  Before  entering  on  the discharge of their duties as members of
 49    said commission, each member shall take and subscribe to the  oath  of  office
 50    prescribed for state officers.
 51        Each  member of the commission shall be compensated as provided by section
 52    59-509(j), Idaho Code, provided however, that compensation paid to members  of
 53    the commission from and after April 1, 1992, shall not be considered salary as
 54    defined in section 59-1302(31), Idaho Code.
                                                                        
                                           9
                                                                        
  1        SECTION  7.  That  Section 22-2405, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        22-2405.  COUNTY DUTIES. (1) The county control authority shall:
  4        (a)  Carry out the duties and responsibilities vested in the county  under
  5        this chapter and rules prescribed by the director; and
  6        (b)  Establish  and  maintain a coordinated program for control of noxious
  7        weeds in the county; employ a county weed superintendent,  who  may  be  a
  8        superintendent for  more than one (1) county and who shall be qualified to
  9        detect and treat noxious weeds; and
 10        (c)  Designate  one  (1)  of its members as the liaison between the county
 11        weed superintendent and the county commissioners; and
 12        (d)  Provide operational and educational funds for the county weed  super-
 13        intendent; and
 14        (e)  Be  authorized to initiate cooperative agreements with other agencies
 15        or counties for the designation of or participation  in  cooperative  weed
 16        management areas for control of noxious weeds.
 17        (2)  A  general  notice  for  control  of noxious weeds shall be published
 18    between March 1 and April 30, in a the official newspaper of general  circula-
 19    tion  within  the  county.  The notice shall contain the list of noxious weeds
 20    and identify those known to be in the county, and shall stipulate the  obliga-
 21    tion to control. Failure to publish the notice for control or serve individual
 22    notices  herein provided does not relieve any person from full compliance with
 23    this chapter thereunder. In all cases said published notice  shall  be  deemed
 24    legal and sufficient notice.
 25        (3)  Whenever any county finds it necessary to secure more prompt or defi-
 26    nite  control  of noxious weeds than is accomplished by the general notice, it
 27    shall cause individual notices on a form prescribed  by  the  director  to  be
 28    served  upon the landowner and where possible on the operator of the land giv-
 29    ing specific instructions when and how certain named noxious weeds are  to  be
 30    controlled.  The  individual  notice shall also contain information concerning
 31    the right to appeal  pursuant  to  section  22-2408,  Idaho  Code.  Individual
 32    notices shall be applicable only to the current growing season.
 33        (4)  Whenever  the landowner of any nonfederal land on which noxious weeds
 34    are present has neglected or failed to initiate control as  required  pursuant
 35    to  this  chapter  within  five (5) working days from receipt of an individual
 36    notice given pursuant to this section, the county  having  jurisdiction  shall
 37    have proper control methods used on such land, including necessary destruction
 38    of  crops,  and  shall advise the landowner of the cost incurred in connection
 39    with such operation. The cost of any such control shall be at the  expense  of
 40    the landowner. If the costs have not been paid to the control authority within
 41    sixty  (60)  days,  the control authority may direct that suit be brought in a
 42    court of competent jurisdiction for the unpaid charges. On private  lands,  if
 43    unpaid for sixty (60) days or longer the amount of such expense shall become a
 44    lien upon the property; and thereafter the lien shall be subject to collection
 45    by  the  county  by  sale of the property in the same manner as for delinquent
 46    taxes. Nothing contained in this section shall be construed to require  satis-
 47    faction of the imposed obligation by the sale of property or to bar the appli-
 48    cation of any other available remedy.
 49        (5)  Amounts  collected  under  the  provisions  of  this section shall be
 50    deposited to the noxious weed fund of the county and shall be accounted for as
 51    prescribed by the county auditor. Disbursements from  the  noxious  weed  fund
 52    shall be made only for noxious weed control purposes.
 53        (6)  The county weed superintendent shall:
 54        (a)  Examine  all  land  within  the county for the purpose of determining
                                                                        
                                           10
                                                                        
  1        whether the provisions of this chapter and rules of the director have been
  2        complied with; and
  3        (b)  Compile data and  submit  reports  as  the  director  or  county  may
  4        require; and
  5        (c)  Implement enforcement action as outlined in this chapter; and
  6        (d)  Consult,  advise  and  provide direction on matters pertaining to the
  7        most effective and most practical methods of noxious weed control; and
  8        (e)  Investigate or aid in the investigation and prosecution of any viola-
  9        tion of the provisions of this chapter; and
 10        (f)  Meet certification requirements as prescribed by the  regulations  of
 11        the director; and
 12        (g)  Make  recommendations  regarding  establishment of special management
 13        zones; and
 14        (h)  Make recommendations regarding establishment of cooperative weed man-
 15        agement areas; and
 16        (i)  Participate on weed control advisory committees to develop and imple-
 17        ment noxious weed  control  strategies  for  cooperative  weed  management
 18        areas, at the discretion of the county weed control authority.
                                                                        
 19        SECTION  8.  That  Section 22-3604, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        22-3604.  COMMISSION MEMBERS -- NOMINATION  AND  APPOINTMENT.  Grower  and
 22    dealer members of the commission shall be selected as follows:
 23        (a)  Two  (2)  grower  members  shall be nominated for each grower vacancy
 24    that occurs, from which the governor shall appoint one (1). The first nominees
 25    shall be nominated in the following manner: The apple committee of  the  Idaho
 26    Horticultural  Society  shall  conduct  meetings in each of the three (3) dis-
 27    tricts referred to in section 22-3603, and at such meetings the growers  shall
 28    nominate  two  (2) growers for each district. The apple committee of the Idaho
 29    Horticultural Society shall call a general meeting of the Idaho apple  dealers
 30    of  the  state of Idaho at such time and place as shall be decided by the com-
 31    mittee for the purpose of nominating four (4) dealers, representative  of  the
 32    three  (3)  districts defined in subparagraphs subsections (6), (7) and (8) of
 33    section 22-3603. Notice of the meetings for the nomination of growers shall be
 34    by publication in one (1) the official newspaper published  in  of  the  major
 35    apple  producing  county  of  the district in which said nominations are to be
 36    made, and the notice shall be published in two (2) issues of  such  newspaper,
 37    the  first  to  be approximately thirty (30) days and the second approximately
 38    ten (10) days before said meeting. The notice shall state  the  purpose,  time
 39    and  place  of  said  meeting. All meetings held for the selection of nominees
 40    shall be held prior to March 31st of the year the appointment or  appointments
 41    are to be made.
 42        (b)  After  the  original  appointments  to  the commission all subsequent
 43    appointments shall be conducted in the same manner, except that  the  meetings
 44    shall be called and conducted by the commission.
 45        (c)  The governor shall select from the nominees for each district one (1)
 46    grower  member and from the four (4) nominees for dealers, two (2) members, as
 47    required by this act chapter.
 48        (d)  The governor shall appoint five (5) persons to the  commission  based
 49    upon the nominating petitions. Three (3) shall be growers and two (2) shall be
 50    dealers, but each dealer-nominee must be from a different district.
 51        The  first  members  of  the commission shall draw lots to determine their
 52    respective terms of office. Two (2) of the original members  shall  serve  for
 53    one  (1)  year; two (2) of the original members shall serve for two (2) years;
                                                                        
                                           11
                                                                        
  1    and one (1) of the original members shall serve for three (3) years. The  term
  2    of  office  of  members of the commission thereafter shall be three (3) years,
  3    commencing on July 1, 1966. Provided, however, that both dealer members of the
  4    commission terms of office shall not expire during the same year.
  5        Members of the commission may not serve  more  than  two  (2)  consecutive
  6    terms.  Provided, upon serving two (2) consecutive terms, and the lapse of one
  7    (1) full term, such member may again be nominated and appointed to the commis-
  8    sion.
  9        In the event there are vacancies in the commission, through death,  resig-
 10    nation or removal, it shall be the duty of the growers and dealers as provided
 11    in  this section 22-3604, to submit to the governor at least two (2) qualified
 12    names for each grower vacancy, and two (2) qualified  names  for  each  dealer
 13    vacancy  for  the  district  in which the vacancy occurred. The governor shall
 14    make the appointment or appointments to fill the vacancy.
                                                                        
 15        SECTION 9.  That Section 22-3704, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        22-3704.  COMMISSION  MEMBERS  --  NOMINATION  AND APPOINTMENT. Grower and
 18    dealer members of the commission shall be selected as follows:
 19        (a)  Two (2) grower members shall be nominated  for  each  grower  vacancy
 20    that  occurs from which the governor shall appoint one (1). The first nominees
 21    shall be nominated in the following manner: The cherry committee of the  Idaho
 22    Horticultural  Society shall conduct meetings in each of the two (2) districts
 23    referred to in section  22-3703, Idaho Code, and at such meetings the  growers
 24    shall nominate two (2) growers for each district and one (1) additional grower
 25    at large. The cherry committee of the Idaho Horticultural Society shall call a
 26    general meeting of the Idaho cherry dealers at such time and place as shall be
 27    decided  by the committee for the purpose of nominating four (4) dealers, rep-
 28    resentative of the two (2) districts defined in subparagraphs subsections  (6)
 29    and (7) of section 22-3703, Idaho Code. Notice of the meetings for the nomina-
 30    tions  of  growers  shall  be by publication in one (1) the official newspaper
 31    published in of the major cherry producing county of  the  district  in  which
 32    said  nominations are to be made, and the notice shall be published in two (2)
 33    issues of such newspapers, the first approximately thirty (30)  days  and  the
 34    second approximately ten (10) days before said meeting. The notice shall state
 35    the  purpose, time and place of said meeting. All meetings held for the selec-
 36    tion of nominees shall be held prior to March 31 of the year  the  appointment
 37    or appointments are to be made.
 38        (b)  After  the  original  appointments  to  the commission all subsequent
 39    appointments shall be conducted in the same manner, except that  the  meetings
 40    shall be called and conducted by the commission.
 41        (c)  The governor shall select from the nominees for each district and the
 42    nominees  at  large  one  (1) grower member and from the four (4) nominees for
 43    dealers, two (2) members at large, as required by this act chapter.
 44        (d)  The governor shall appoint five (5) persons to the  commission  based
 45    upon the nominating petitions. Three (3) shall be growers and two (2) shall be
 46    dealers. The appointed dealers may be from either district.
 47        The  first  members  of  the commission shall draw lots to determine their
 48    respective terms of office. Two (2) of the original members  shall  serve  for
 49    one  (1)  year; two (2) of the original members shall serve for two (2) years;
 50    and one (1) of the original members shall serve for three (3) years. The  term
 51    of  office  of  members of the commission thereafter shall be three (3) years.
 52    Provided, however, that both dealer  members  of  the  commission's  terms  of
 53    office shall not expire during the same year.
                                                                        
                                           12
                                                                        
  1        Members  of  the  commission  may  not serve more than two (2) consecutive
  2    terms. Upon serving two (2) consecutive terms and the lapse of  one  (1)  full
  3    term, such member may again be nominated and appointed to the commission.
  4        In the event there are vacancies in the commission through death, resigna-
  5    tion  or  removal, it shall be the duty of the growers and dealers as provided
  6    in this section 22-3704, Idaho Code, to submit to the governor  at  least  two
  7    (2)  qualified  names  for each grower vacancy and two (2) qualified names for
  8    each dealer vacancy for the district in which the vacancy occurred. The gover-
  9    nor shall make the appointment or appointments to fill the vacancy.
                                                                        
 10        SECTION 10.  That Section 22-4301, Idaho Code, be, and the same is  hereby
 11    amended to read as follows:
                                                                        
 12        22-4301.  ESTABLISHMENT  --  PETITION  -- ELECTION. (1) The county commis-
 13    sioners of any county shall, upon petition signed by not less than fifty  (50)
 14    resident  real  property holders of said county, or any portion thereof, which
 15    may exclude incorporated cities, undertake the following procedure  to  deter-
 16    mine the advisability of resolving to establish and maintain a weather modifi-
 17    cation district within the county as may be designated in the petition.
 18        (a)  A petition to form a weather modification district shall be presented
 19        to the county clerk and recorder. The petition shall be signed by not less
 20        than  fifty (50) of the resident real property holders within the proposed
 21        district. The petition shall designate the boundaries of the district.
 22        (b)  The petition shall be filed with the county clerk and recorder of the
 23        county in which the signers of the petition are located. Upon  the  filing
 24        of  the  petition  the county clerk shall examine the petition and certify
 25        whether the required number of petitioners have signed  the  petition.  If
 26        the number of petition signers is sufficient, the clerk shall transmit the
 27        petition to the board of county commissioners.
 28        (c)  Upon receipt of a duly certified petition the board of county commis-
 29        sioners shall give notice of an election to be held, subject to the provi-
 30        sions  of  section  34-106,  Idaho Code, in such proposed district for the
 31        purpose of determining whether or not the proposed district shall be orga-
 32        nized and to elect the first board of  trustees  for  the  district.  Such
 33        notice  shall  include  the  date  and  hours of the election, the polling
 34        places, the maximum percent of market value  for  assessment  purposes  of
 35        taxable  property  within the district which the proposed district will be
 36        permitted to levy, the  general  purposes  of  the  proposed  district,  a
 37        description  of lands to be included in the proposed district, a statement
 38        that a map of the proposed district is available  in  the  office  of  the
 39        board  of  county commissioners, and the names and terms of the members to
 40        be elected to the first board of trustees. The notice shall  be  published
 41        once  each week for three (3) consecutive weeks prior to such election, in
 42        a the official newspaper of general circulation within the county.
 43        (d)  The election shall be held and conducted consistent with  the  provi-
 44        sions of chapter 14, title 34, Idaho Code. The board of county commission-
 45        ers  shall appoint three (3) judges of election, one (1) of whom shall act
 46        as clerk for the election. At such election the electors shall vote for or
 47        against the organization of the district, and the  members  of  the  first
 48        board of trustees.
 49        (e)  The  judges  of election shall certify the returns of the election to
 50        the board of county commissioners. If a majority of the votes cast at said
 51        election are in favor of the organization, the board of county commission-
 52        ers shall declare the district organized and give it a name by  which,  in
 53        all  proceedings,  it shall thereafter be known,  and shall further desig-
                                                                        
                                           13
                                                                        
  1        nate the first board of trustees elected, and thereupon the district shall
  2        be a legal taxing district.
  3        (f)  On the first Tuesday of February, in the second calendar  year  after
  4        the  organization  of  any  district, and on the first Tuesday of February
  5        every year thereafter an election shall be held, which shall be  known  as
  6        the annual election of the district.
  7        At the first annual election in any district hereafter organized, and each
  8    third year thereafter, there shall be elected by the qualified electors of the
  9    district,  one (1) member of the board to serve for a term of three (3) years;
 10    at the second annual election and each third year thereafter, there  shall  be
 11    elected  one  (1)  member of the board to serve for a term of three (3) years,
 12    and at the third annual election, and each third year thereafter, there  shall
 13    be elected one (1) member of the board to serve for a term of three (3) years.
 14        Not  later than the sixth Friday before any such election, nominations may
 15    be filed with the secretary of the board and if a nominee  does  not  withdraw
 16    his  name  before  the  first  publication of the notice of election, his name
 17    shall be placed on the ballot. The board shall provide for holding such  elec-
 18    tion  and  shall  appoint  judges to conduct it. The secretary of the district
 19    shall give notice of election by publication, and  shall  arrange  such  other
 20    details  in  connection  therewith as the board may direct. The returns of the
 21    election shall be certified to and shall be  canvassed  and  declared  by  the
 22    board. The candidate or candidates receiving the most votes shall be elected.
 23        In  any election for trustees, if after the deadline for filing a declara-
 24    tion of intent as a write-in candidate, it appears that only one (1) qualified
 25    candidate has been nominated for a trustee position, it shall not be necessary
 26    for the candidate to stand for election, and the board of trustees of the dis-
 27    trict shall declare such candidate elected as trustee, and  the  secretary  of
 28    the  district  shall immediately make and deliver to such person a certificate
 29    of election.
                                                                        
 30        SECTION 11.  That Section 27-106, Idaho Code, be, and the same  is  hereby
 31    amended to read as follows:
                                                                        
 32        27-106.  NOTICE  OF  ELECTION.  After  the  county commissioners have made
 33    their order finally fixing and determining the boundaries of the proposed dis-
 34    trict, the clerk of the board of county commissioners shall cause to  be  pub-
 35    lished  a  notice of an election to be held, subject to the provisions of sec-
 36    tion 34-106, Idaho Code, in such proposed cemetery  maintenance  district  for
 37    the  purpose  of  determining whether or not the same shall be organized under
 38    the provisions of this chapter. Such notice shall plainly and  clearly  desig-
 39    nate  the  boundaries of such proposed cemetery maintenance district as desig-
 40    nated in the petition and shall state that a map  showing  the  boundaries  of
 41    said district is on file in his office.
 42        Such  notice shall be published first not less than twelve (12) days prior
 43    to the election and a second publication not less than five (5) days prior  to
 44    such  election,  in  a  the  official newspaper published within of the county
 45    aforesaid. Such notice shall require the electors to cast ballots which  shall
 46    contain the words ".... cemetery maintenance district, yes," or ".... cemetery
 47    maintenance  district,  no"  or  words  equivalent thereto. No person shall be
 48    entitled to vote at any election held under the  provisions  of  this  chapter
 49    unless  he shall possess all the qualifications required of electors under the
 50    general laws of the state, and be a resident  of  the  proposed  district  for
 51    thirty (30) days or more next preceding the election.
                                                                        
 52        SECTION  12.  That  Section 27-112, Idaho Code, be, and the same is hereby
                                                                        
                                           14
                                                                        
  1    amended to read as follows:
                                                                        
  2        27-112.  ANNEXATION OR EXCLUSION OF TERRITORY FROM DISTRICT --  PROCEDURE.
  3    After  the  organization of a cemetery maintenance district, additional terri-
  4    tory adjoining such district, and lying within the same county  may  be  added
  5    thereto  and  shall thereupon and thenceforth be included in such district, by
  6    the affirmative vote of a majority of the qualified  electors  of  such  addi-
  7    tional  territory  voting  on the question at an election held therefor, which
  8    vote may be taken at an election held  as  provided  in  sections  27-106  and
  9    34-106,  Idaho  Code. But such additional territory shall not be annexed to or
 10    be included within the district unless such annexation and inclusion be  first
 11    approved by the cemetery maintenance board of the existing district by resolu-
 12    tion  entered  on the minutes of such board prior to the election on the ques-
 13    tion of annexation. The same procedure, with such modifications in the form of
 14    petition, notices, ballots, etc., as may be necessary shall be adopted  as  in
 15    this  law provided in sections 27-102 and 27-104-- through 27-107, Idaho Code,
 16    inclusive: A petition signed by a majority of the owners of lands lying within
 17    the boundaries of the area proposed to be annexed such lands lying within  the
 18    boundaries  of any cemetery maintenance district heretofore created requesting
 19    the withdrawal and exclusion of lands described in  said  petition  from  such
 20    district  and  setting  forth that the people residing upon said lands are not
 21    served by the cemetery or cemeteries within the boundaries of  said  district,
 22    that  said  people  are served by other cemeteries within the county, and that
 23    the exclusion and withdrawal of said lands from said district will not  reduce
 24    the  market  value for assessment purposes of the lands remaining in said dis-
 25    trict below five million dollars ($5,000,000), may be presented and filed with
 26    the board of county commissioners of the county within which said district  is
 27    located.  Upon  the  presentation  and  filing  of such petition said board of
 28    county commissioners shall immediately fix a time and place for a  hearing  on
 29    said  petition  when  and where any elector of said district may appear and be
 30    heard in support of or opposition to said petition.  Notice  of  said  hearing
 31    shall be given by said board by publication in one (1) issue of a the official
 32    newspaper  of  general circulation in said cemetery district at least ten (10)
 33    days prior to the date of said hearing and a copy  of  said  notice  shall  be
 34    served  by registered mail or personally on the president and secretary of the
 35    cemetery district commissioners. If after a hearing on said petition the board
 36    of county commissioners determines that the  people  residing  upon  the  land
 37    sought to be withdrawn from such cemetery district are not served by the ceme-
 38    tery  or cemeteries within such district, that said people are served by other
 39    cemeteries within the county, and that the exclusion and  withdrawal  of  said
 40    lands  from said district will not reduce the market value for assessment pur-
 41    poses of the lands remaining therein below five million dollars  ($5,000,000),
 42    said  commissioners shall make and enter such findings in the minutes of their
 43    meeting and make and enter an order authorizing and directing  the  withdrawal
 44    and  exclusion  of  said  lands from said cemetery district. Provided that the
 45    land so ordered to be withdrawn and excluded from said  cemetery  district  be
 46    either  annexed  to an adjoining cemetery district which does serve said peti-
 47    tioners, or, if not served by an adjoining cemetery district, that said  lands
 48    be  included in the formation of a new cemetery district which does serve said
 49    petitioners.
 50        A copy of such findings and order shall be served upon the  president  and
 51    secretary of the cemetery district commissioners, and county assessor, person-
 52    ally,  or  by registered mail. If the entry of such findings and order be made
 53    prior to the 4th fourth Monday of June the lands annexed shall be excluded and
 54    withdrawn from the said cemetery district of which they were formerly  a  part
                                                                        
                                           15
                                                                        
  1    and shall not be subject to assessment made and levied by said former district
  2    for  the current fiscal year or subsequent years; provided, however, that such
  3    lands shall be subject to assessment made and levied for  the  current  fiscal
  4    year  and subsequent years by the new cemetery district of which they are made
  5    a part. If the entry of such findings and order be made subsequent to the  4th
  6    fourth  Monday  of  June the lands annexed shall be subject to assessment made
  7    and levied by the cemetery district of which they were formerly a part for the
  8    current fiscal year but shall thereafter be subject  to  assessment  made  and
  9    levied  by  the  new  cemetery district of which they are made a part. If said
 10    county commissioners do not find such facts they shall make and enter findings
 11    as to the facts which may exist and deny such petition. The costs  in  connec-
 12    tion with giving the notices herein required shall be paid by petitioners.
                                                                        
 13        SECTION  13.  That  Section 27-118, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        27-118.  CEMETERY MAINTENANCE DISTRICT HAS LEGAL TITLE TO PROPERTY -- PRO-
 16    CEDURE FOR SALE OR EXCHANGE. The legal title to all  property  acquired  under
 17    the provisions of this chapter shall immediately and by operation of law, vest
 18    in  such  cemetery maintenance district, and shall be held by such district in
 19    trust for, and is hereby dedicated and set apart to the uses and purposes  set
 20    forth  in this chapter. Said board is hereby authorized and empowered to hold,
 21    use, acquire, manage, occupy, possess, lease, exchange, sell and  convey  said
 22    property  as  in  this chapter provided; and to institute and maintain any and
 23    all actions and proceedings, suits at law or in equity necessary or proper  in
 24    order  to fully carry out the provisions of this chapter, or to enforce, main-
 25    tain, protect or preserve any and all rights, privileges and  immunities  cre-
 26    ated by this chapter or acquired in pursuance thereof. In all courts, actions,
 27    suits  or proceedings, the said board may sue, appear and defend, in person or
 28    by attorneys, and in the name of such cemetery maintenance district.
 29        Real or personal property may be sold, exchanged, conveyed and disposed of
 30    by the board of commissioners whenever it finds  and  by  resolution  declares
 31    that  the district no longer has use therefor, subject to the following proce-
 32    dure:
 33        (a)  If in the opinion of the board any such property does not exceed five
 34    hundred dollars ($500) in value, the same may be  sold  or  exchanged  without
 35    independent appraisal, notice or competitive bids.
 36        (b)  All such real property, and any such personal property exceeding five
 37    hundred dollars ($500) in value, shall be appraised by three (3) disinterested
 38    residents  of  the  county  in  which  the  district  is located, who shall be
 39    selected by the board. It may then be sold or exchanged at private  or  public
 40    sale after due notice, to the highest bidder for cash or on terms, at not less
 41    than its appraised value.
 42        (c)  Due  notice  of  sale or exchange shall be accomplished if the notice
 43    shall describe the property to be sold or  exchanged  (legal  description,  if
 44    real  property),  state  the appraised value thereof (by separate items, if so
 45    appraised), and specify the time, place and conditions of  sale.  Said  notice
 46    shall  be  published in a the official newspaper having general circulation in
 47    of the district at least twice, the first publication thereof to be  not  less
 48    than ten (10) days preceding the day of sale.
 49        (d)  If  such  property  is  sold on terms, the board may contract for the
 50    sale of the same for a period not exceeding ten (10) years, with  interest  at
 51    the  legal  rate  on  all deferred payments. The title to all property sold on
 52    contract shall be retained in the name of the district until full payment  has
 53    been  made  by  the purchaser. Any property sold by the board under the provi-
                                                                        
                                           16
                                                                        
  1    sions of this section, either for cash or on contract, shall  be  assessed  by
  2    the county assessor in the same manner and upon the same basis of valuation as
  3    though  the  purchaser  held a record title to the property so sold. The board
  4    shall have authority to cancel any contract of sale, pursuant to law,  if  the
  5    purchaser  shall  fail  to  comply with any of the terms of such contract, and
  6    retain all payments paid thereon. The board may by  agreement  with  the  pur-
  7    chaser  modify  or  extend  any of the terms of any contracts of sale, but the
  8    total term shall not exceed ten (10) years.
  9        (e)  Upon final payment pursuant to the sale or exchange of such property,
 10    the president and secretary, pursuant to resolution of the board,  shall  duly
 11    execute and deliver an appropriate deed or bill of sale to the purchaser.
                                                                        
 12        SECTION  14.  That  Section 27-126, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        27-126.  NOTICE OF HEARING -- PUBLICATION -- CONTENTS. Notice of the  bud-
 15    get  hearing meetings shall be posted at least ten (10) full days prior to the
 16    date of said meeting in at least one (1) conspicuous place  in  each  cemetery
 17    maintenance  district  to  be  determined  by the board. A copy of such notice
 18    shall also be published in a daily or weekly the official newspaper  published
 19    within of such cemetery maintenance district, in one (1) issue thereof, during
 20    such  ten  (10)  day  period. The place, hour and day of such hearing shall be
 21    specified in said notice, as well as the place where such budget may be  exam-
 22    ined  prior  to such hearing. A full and complete copy of such proposed budget
 23    shall be published with and as a part of the publication  of  such  notice  of
 24    hearing.
                                                                        
 25        SECTION  15.  That  Section 31-202, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        31-202.  PETITION FOR REMOVAL. Public notice shall be given of the  inten-
 28    tion to circulate a petition praying for the removal of the county seat of any
 29    county  from its then present location to some other point within said county,
 30    and in said petition designated, at least ten (10) days  before  the  same  is
 31    circulated,  by  publication  in some the official newspaper printed in of the
 32    county, (if there be one), and by posting three (3) printed notices  in  three
 33    (3)  public places at the county seat, and a like number at the place to which
 34    the county seat is proposed to be removed, in which notices the intent of said
 35    petition shall be set forth; and all signers to  such  petition  or  petitions
 36    shall  be  void  and  stricken  from  such petition if procured six (6) months
 37    before the first day of the term of court at which the application  is  to  be
 38    made; and whenever such petition or petitions, addressed to the district court
 39    of  such  county, and stating the time when such election shall be held, shall
 40    be signed by a number of legal voters of said county, equal  in  number  to  a
 41    majority  of all votes cast at the last general election therein, and shall be
 42    filed in the office of the clerk of the district court  of  said  county,  not
 43    less  than  twenty  (20) nor more than forty (40) days before the first day of
 44    the term of said court next preceding the next general election,  unless  said
 45    term  commences  after  the first day of October, then, in such case, the next
 46    preceding term. Such petition shall be deemed a proposal to remove the  county
 47    seat of such county, and the point designated in said petition shall be deemed
 48    and  taken  as fixed by said petition, in pursuance of law, whenever the court
 49    shall order an election to such point as hereinafter provided, as the point to
 50    which it is proposed to remove the county seat of such county.
                                                                        
                                           17
                                                                        
  1        SECTION 16.  That Section 31-407, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        31-407.  PROVISION  FOR HOLDING ELECTION -- NOTICE THEREOF TO BE GIVEN. If
  4    the court or judge shall order an election, copies of such order, certified by
  5    the clerk, shall at once be filed with the county auditor of the county  which
  6    it  is proposed to consolidate, and also with the county auditor of the county
  7    with which the consolidation is proposed. The county auditor of each  of  said
  8    counties  shall cause a notice of the holding of said election to be published
  9    in a newspaper published in his county designating the consolidation  proposal
 10    to  be  voted  on,  the date of the election, the hours during which the polls
 11    will be opened, and stating that the election will  be  held  at  the  regular
 12    polling  places in each precinct. Such notice shall be published at least once
 13    a week for two (2) successive weeks. Where published in  a  weekly  newspaper,
 14    two  (2)  successive insertions of such notice shall be sufficient. Where pub-
 15    lished in a daily newspaper, at least seven (7) days shall elapse between  the
 16    first  and  last  date of publication. Such publication shall be completed not
 17    less than thirty (30) days before such election. The county  auditor  in  each
 18    county  shall  likewise,  not less than thirty (30) days before such election,
 19    cause a copy of such notice to be posted in a conspicuous place in  each  pre-
 20    cinct  in  his  county and in/or near each post office situated therein. If no
 21    newspaper be published in such county, the notice given by posting  as  herein
 22    provided shall be sufficient.
                                                                        
 23        SECTION  17.  That  Section 31-808, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        31-808.  SALE OF COUNTY PROPERTY -- GENERAL PROCEDURE -- SALE OF  PROPERTY
 26    ACQUIRED  THROUGH TAX DEED -- PROCEDURE AFTER ATTEMPTED AUCTION -- EXCHANGE OF
 27    COUNTY PROPERTY -- SALE OF CERTAIN ODD-LOT PROPERTY -- SALE, EXCHANGE OR DONA-
 28    TION OF PROPERTY TO OTHER UNITS OF GOVERNMENT. (1) A board of  county  commis-
 29    sioners shall have the power and authority to sell or offer for sale at public
 30    auction  any  real  or personal property belonging to the county not necessary
 31    for its use. However, personal property not exceeding two hundred  fifty  dol-
 32    lars ($250) in value may be sold at private sale without notice or public auc-
 33    tion. Prior to offering the property for sale, the board of county commission-
 34    ers  shall  advertise  notice  of  the auction in a the official newspaper, as
 35    defined in section 60-106, Idaho Code, either published in the county or  hav-
 36    ing  a  general  circulation in of the county, not less than ten (10) calendar
 37    days prior to the auction. If the property to be sold is  real  property,  the
 38    notice  to  be  published  shall  contain the legal description as well as the
 39    street address of the property. If the property is outside the corporate  lim-
 40    its  of  a city and does not have a street address, then the description shall
 41    also contain the distance and direction of the location of the  real  property
 42    from the closest city. If the property to be sold is acquired by tax deed, the
 43    notice  required to be published shall include, next to the description of the
 44    property, the name of the taxpayer as it appears in the delinquent tax certif-
 45    icate upon which the tax deed was issued. The property shall be  sold  to  the
 46    highest  bidder.  However,  the  board of county commissioners may reserve the
 47    right to reject any and all bids and shall  have  discretionary  authority  to
 48    reject  or  accept any bid which may be made for an amount less than the total
 49    amount of all delinquent taxes, late charges, costs  and  interest  which  may
 50    have  accrued  against  any property so offered for sale, including the amount
 51    specified in the tax deed to the county.
 52        (2)  Proceeds from the sale of county property not acquired  by  tax  deed
                                                                        
                                           18
                                                                        
  1    shall  be paid into the county treasury for the general use of the county.  If
  2    the  property to be sold has been acquired by tax deed, pursuant to the provi-
  3    sions of chapter 10, title 63, Idaho Code, the proceeds from the  sale,  after
  4    reimbursement  to  the  county  for the cost of advertising and sale, shall be
  5    apportioned to the taxing districts in which the property is situated  accord-
  6    ing to the levy applied to the year of delinquency upon which the tax deed was
  7    issued to the county.
  8        (3)  Any  property  sold  may  be  carried on a recorded contract with the
  9    county for a term not to exceed ten (10) years and at an interest rate not  to
 10    exceed the rate of interest specified in section 28-22-104(1), Idaho Code. The
 11    board  of county commissioners shall have the authority to cancel any contract
 12    if the purchaser fails to comply with any of the terms of the contract and the
 13    county shall retain all payments made on the contract. The title to all  prop-
 14    erty  sold  on contract shall be retained in the name of the county until full
 15    payment has been made by  the  purchaser.  However,  the  purchaser  shall  be
 16    responsible  for  payment  of all property taxes during the period of the con-
 17    tract.
 18        (4)  Any sale of property by the county shall vest in the purchaser all of
 19    the right, title and interest of the county in  the  property,  including  all
 20    delinquent  taxes  which  have become a lien on the property since the date of
 21    issue of the tax deed, if any.
 22        (5)  In addition to the purchase price, a purchaser  of  county  property,
 23    including  property  acquired  by tax deed, shall pay all fees required by law
 24    for the transfer of property. No deed for any real estate  purchased  pursuant
 25    to the provisions of this section shall be delivered to a purchaser until such
 26    deed has been recorded in the county making the sale.
 27        (6)  Should  the  county be unable to sell at a public auction any real or
 28    personal property belonging to the county, including property acquired by  tax
 29    deed,  it  may  sell  the property without further notice by public or private
 30    sale upon such terms and conditions as the county deems  necessary.  Distribu-
 31    tion  of  the proceeds of sale shall be as set forth in subsection (2) of this
 32    section.
 33        (7)  The board of county commissioners may at its discretion, when in  the
 34    county's  best  interest, exchange and do all things necessary to exchange any
 35    of the real property now or hereafter held and owned by the  county  for  real
 36    property  of  equal value, public or private, to consolidate county real prop-
 37    erty or aid the county in the control and management or  use  of  county  real
 38    property.
 39        (8)  The board of county commissioners may, by resolution, declare certain
 40    parcels of real property as odd-lot property, all or portions of which are not
 41    needed for public purposes and are excess to the needs of the county. For pur-
 42    poses  of  this  subsection, odd-lot property is defined as that property that
 43    has an irregular shape or is a remnant and has value primarily to an adjoining
 44    property owner. Odd-lot property may be sold to an adjacent property owner for
 45    fair market value that is estimated by a land appraiser licensed  to  appraise
 46    property in the state of Idaho. If, after thirty (30) days' written notice, an
 47    adjoining property owner or owners do not desire to purchase the odd-lot prop-
 48    erty,  the  board  of  county commissioners may sell the property to any other
 49    interested party for not less than the appraised value. When a sale of odd-lot
 50    property is agreed to, a public advertisement of the  pending  sale  shall  be
 51    published  in one (1) edition of the newspaper as defined in subsection (1) of
 52    this section, and the public shall have fifteen (15) days  to  object  to  the
 53    sale in writing. The board of county commissioners shall make the final deter-
 54    mination regarding the sale of odd-lot property in an open meeting.
 55        (9)  In  addition  to any other powers granted by law, the board of county
                                                                        
                                           19
                                                                        
  1    commissioners may at their discretion, grant to or exchange with  the  federal
  2    government,   the state of Idaho, any political subdivision or taxing district
  3    of the state of Idaho or any local historical society which is incorporated as
  4    an Idaho nonprofit corporation which operates primarily in the county or main-
  5    tains a museum in the county, with or without compensation, any real  or  per-
  6    sonal  property  or  any  interest  in  such  property  owned by the county or
  7    acquired by tax deed, after adoption of a resolution by the  board  of  county
  8    commissioners  that  the grant or exchange of property is in the public inter-
  9    est.  Notice of such grant or exchange shall be as provided in subsection  (1)
 10    of  this  section  and  the decision may be made at any regularly or specially
 11    scheduled meeting of the board of  county  commissioners.  The  execution  and
 12    delivery by the county of the deed conveying an interest in the property shall
 13    operate  to  discharge  and cancel all levies, liens and taxes made or created
 14    for the benefit of the state, county or any  other  political  subdivision  or
 15    taxing  district  and to cancel all titles or claims of title including claims
 16    of redemption to such real property asserted or existing at the time  of  such
 17    conveyance. However, if the property conveyed is subject to a lien for one (1)
 18    or  more  unsatisfied  special  assessments, the lien shall continue until all
 19    special assessments have been paid in full. At no time shall a lien for a spe-
 20    cial assessment be extinguished prior to such special assessment  having  been
 21    paid  in  full.  Any  property conveyed to any local historical society by the
 22    county shall revert to the county when the property is no longer utilized  for
 23    the purposes for which it was conveyed.
 24        (10) When the county has title to mineral rights severed from the property
 25    to  which  they attach, and the mineral rights have value of less than twenty-
 26    five dollars ($25.00) per acre, the board of county commissioners may  act  to
 27    return the mineral rights to the land from which they were severed in the fol-
 28    lowing  manner:  the  proposed  action  must appear on the agenda of a regular
 29    meeting of the board of county commissioners;  and  the  motion  to  make  the
 30    return must be adopted unanimously by the board voting in open meeting.
                                                                        
 31        SECTION  18.  That  Section 31-819, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        31-819.  PUBLICATION OF PROCEEDINGS. To cause to be published monthly such
 34    statement as will clearly give notice to the public of all its acts  and  pro-
 35    ceedings,  and,  shall  include a brief financial summary indicating the total
 36    amount spent from each county fund during the month. A more detailed report of
 37    expenditures may be published if deemed necessary by the  board.  Annually,  a
 38    full  financial  report  shall be prepared and available for public inspection
 39    which shows for each fund the sources of income, expenditures during the year,
 40    current fund balances, and other financial information as  determined  by  the
 41    board.  The  board shall cause to be published annually not less than the con-
 42    solidated balance sheet of said annual report. Such statements as well as  all
 43    other  public  notices  of  proceedings of, or to be had before the board, not
 44    otherwise specially provided for, must be published in one (1) issue  of  such
 45    the  official  newspaper  published in of the county. and which Such newspaper
 46    shall also has have the largest average paid circulation in the county for the
 47    last six (6) months of the prior calendar year  of  the  year  in  which  such
 48    statements  and other public notices of proceedings are required to be made by
 49    this act chapter.
                                                                        
 50        SECTION 19.  That Section 31-903, Idaho Code, be, and the same  is  hereby
 51    amended to read as follows:
                                                                        
                                           20
                                                                        
  1        31-903.  PETITION  FOR CONFIRMATION OF CANCELATION CANCELLATION OR ADJUST-
  2    MENT. If the board finds, decides and orders that the  taxes  be  canceled  or
  3    otherwise  adjusted, the petitioner, or petitioners, shall, within twenty (20)
  4    days thereafter, file with the clerk of the district court of  said  county  a
  5    petition  praying in effect that the proceedings of the board may be examined,
  6    approved and confirmed by the court. The court, or the judge thereof at  cham-
  7    bers  shall  thereupon make an order designating a time for hearing said peti-
  8    tion and direct the clerk of the court to publish a notice, at the expense  of
  9    the  petitioner  or  petitioners,  of  the filing of said petition. The notice
 10    shall state the time and place fixed by the court for hearing the petition and
 11    the prayer thereof, and a brief statement of the action taken by the board  of
 12    county  commissioners  thereon, and that any person interested in the subject-
 13    matter subject matter of said petition may, on or before the day fixed for the
 14    hearing thereof, demur to or answer said petition. The notice  shall  be  pub-
 15    lished  in  a  the  official newspaper of general circulation in the county at
 16    least once a week for at least two (2) consecutive weeks, and the  time  fixed
 17    for  the hearing shall be not less than twenty (20) days from the first publi-
 18    cation of such notice. The rules of pleading and practice in civil actions  in
 19    the  district  court  shall apply to proceedings hereunder insofar as the same
 20    are not inconsistent with the provisions of this act chapter.
                                                                        
 21        SECTION 20.  That Section 31-1003, Idaho Code, be, and the same is  hereby
 22    amended to read as follows:
                                                                        
 23        31-1003.  PURCHASE  OF SITE -- LETTING OF CONTRACT. If two-thirds (2/3) of
 24    the qualified electors of the county voting at such election vote in favor  of
 25    the  issuance  of  the bonds, the board of commissioners shall select and pur-
 26    chase, or, if necessary, cause to be condemned, for the use of the  county,  a
 27    suitable  site for said buildings, and cause to be prepared plans and specifi-
 28    cations for such courthouse and jail, or either thereof as the  case  may  be,
 29    and  advertise  in  a  weekly  the official newspaper of the county for thirty
 30    (30) days calling for sealed proposals or bids for the  construction  of  said
 31    buildings. The notice shall be published as provided in section 31-4004, Idaho
 32    Code.  The published notice shall contain a general statement of the character
 33    and limited cost of the building or buildings, and state that  the  plans  and
 34    specifications thereof may be found and examined in the office of the clerk of
 35    the board, and state the day when the sealed proposals will be opened and con-
 36    sidered.  The sealed proposals must be opened and considered publicly, and the
 37    contract let to the lowest responsible bidder, unless all bids  are  rejected;
 38    and if all bids are rejected, the board may advertise for new bids, or let the
 39    contract,  provided  it be for a less sum than that offered by the lowest bid-
 40    der. The board must require a good and sufficient bond of the contractor  con-
 41    ditioned  for  the faithful performance of the contract according to the plans
 42    and specifications. The board shall have full power and authority  to  do  and
 43    perform  any  act in relation to purchasing such site and erecting said build-
 44    ings, at any special or called meeting when all members of the board are pres-
 45    ent, or at any regular meeting of the board.
                                                                        
 46        SECTION 21.  That Section 31-1404, Idaho Code, be, and the same is  hereby
 47    amended to read as follows:
                                                                        
 48        31-1404.  NOTICE  OF HEARING. When such petition is presented to the board
 49    of county commissioners and filed in the office of the clerk  of  such  board,
 50    the  said  board shall set a time for a hearing upon such petition, which time
 51    shall not be less than four (4) nor more than six (6) weeks, from the date  of
                                                                        
                                           21
                                                                        
  1    the  presentation  and  filing of such petition. A notice  of the time of such
  2    hearing shall be published by said board, once each week for three (3) succes-
  3    sive weeks previous to the time set for such hearing, in a the official  news-
  4    paper    published  within  each of the county in which said district is to be
  5    situated. Said notice shall state that a fire protection district is  proposed
  6    to be organized, giving the proposed boundaries thereof, and that any taxpayer
  7    within the proposed boundaries of such proposed district may on the date fixed
  8    for such hearing appear and offer any testimony pertaining to the organization
  9    of  such district, the proposed boundaries thereof or the including or exclud-
 10    ing of any real property therein or therefrom. After hearing  and  considering
 11    any  and  all  testimony,  if any such be interposed, the county commissioners
 12    shall thereupon make an order thereon either denying such petition or granting
 13    the same, with or without modification, and shall accordingly fix  the  bound-
 14    aries  of  such  proposed  district  in  any order granting such petition. The
 15    boundaries so fixed shall be the boundaries of said district after its organi-
 16    zation be completed as provided by this chapter, and a map showing the  bound-
 17    aries  of  such proposed district as finally fixed and determined by the board
 18    of county commissioners shall be prepared and filed in the office of the clerk
 19    of said board.
 20        If the district is to be situated in two (2) or more counties, each  board
 21    of county commissioners shall coordinate the hearing date and the publications
 22    of  notice  so that only one (1) hearing need be held. Unless otherwise agreed
 23    to by each board of county commissioners involved, the hearing shall  be  held
 24    in  the  county with the  largest area to be included within the district, and
 25    the boards of county commissioners are hereby specifically authorized  to  act
 26    in a joint manner for such purposes.
                                                                        
 27        SECTION  22.  That Section 31-1411, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        31-1411.  ANNEXATION OF TERRITORY IN SAME COUNTY -- PETITION -- HEARING --
 30    ORDER -- CERTIFICATION TO COUNTY COMMISSIONERS -- ALTERNATE PROCEDURE -- ELEC-
 31    TION. After the organization of a fire protection district, additional contig-
 32    uous or noncontiguous territory lying within the  same  county  may  be  added
 33    thereto and shall thereupon and thenceforth be included in such district. Non-
 34    contiguous  territory  annexed  to  an existing fire protection district shall
 35    consist of not less than forty (40) contiguous acres.  At  least  seventy-five
 36    percent  (75%) or more of the owners or contract purchasers of the land sought
 37    to be annexed shall petition the fire protection board and request  annexation
 38    of  the territory particularly described in said petition. Upon receipt of any
 39    such petition the fire protection board shall hold a hearing not less than ten
 40    (10) nor more than thirty (30) days thereafter, or upon the written consent of
 41    the petitioner within one hundred eighty (180)  days,  and  said  board  shall
 42    cause  notice of such hearing, designating the time and place, to be published
 43    in at least one (1) issue of a the official newspaper of  general  circulation
 44    within the district. Any person supporting or objecting to such petition shall
 45    be  heard  at such hearing, if in attendance, and at the close of such hearing
 46    said board shall approve or reject said petition. If the board  approves  said
 47    petition  it  shall  make  an  order to that effect and certify a copy of said
 48    order containing an accurate legal description of the annexed territory to the
 49    board of county commissioners of the county where said fire district is  situ-
 50    ated.  Said  board  of  county commissioners shall thereupon enter an order of
 51    annexation and cause the same to be recorded so  as  to  include  the  annexed
 52    property on the tax rolls as in this chapter provided.
 53        In  the  event  that  more than twenty-five percent (25%) of the owners or
                                                                        
                                           22
                                                                        
  1    contract purchasers of the land sought to be annexed do not join in said peti-
  2    tion or  the petition is denied as above set forth, additional  territory  may
  3    nevertheless be annexed by the affirmative vote of a majority of the qualified
  4    electors  of  such  additional territory voting on the question at an election
  5    held therefor, which vote may be taken at an election held as provided in sec-
  6    tion 31-1405, Idaho Code. But such additional territory shall not  be  annexed
  7    to  or be included within the district unless such annexation and inclusion be
  8    first approved by the fire protection board of the existing district by  reso-
  9    lution entered on the minutes of such board prior to the election on the ques-
 10    tion  of  annexation.  The same procedure shall be adopted as provided in sec-
 11    tions 31-1402 through 31-1406, Idaho Code.
                                                                        
 12        SECTION 23.  That Section 31-1411A, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        31-1411A.  CONSOLIDATION OF DISTRICTS -- HEARING -- PROTEST  --  ELECTION.
 15    Any  fire  protection  district  may consolidate with one (1) or more existing
 16    fire protection districts subject to the following procedure, or  pursuant  to
 17    an election for consolidation as provided in section 31-1411B, Idaho Code, and
 18    with the following effects:
 19        (a)  If,  in  the opinion of the board of any fire protection district, it
 20    would be to the advantage of said district to consolidate with one (1) or more
 21    other existing fire protection districts, the said board  shall  cause  to  be
 22    prepared  an  agreement  for consolidation which shall among other things pro-
 23    vide:
 24        (1)  The name of the proposed consolidated fire protection district.
 25        (2)  That all property of the districts to be  consolidated  shall  become
 26        the property of the consolidated district.
 27        (3)  That  all  debts of the districts to be consolidated shall become the
 28        debts of the consolidated district.
 29        (4)  That the existing commissioners of the districts to  be  consolidated
 30        shall  be  the  commissioners  of the consolidated district until the next
 31        election, said election to be  held  pursuant  to  the  terms  of  section
 32        31-1410,  Idaho  Code,  at which three (3) commissioners shall be elected,
 33        unless the agreement of consolidation establishes a five (5) member board,
 34        in which case five (5) commissioners shall be elected. If the  board  con-
 35        sists  of  three (3) members, ommissioners commissioners from fire protec-
 36        tion subdistricts one and two shall be  elected  for  terms  of  four  (4)
 37        years,  and  the commissioner from fire protection subdistrict three shall
 38        be elected for a term of two (2) years.  If the board consists of five (5)
 39        commissioners, commissioners from fire protection subdistricts one,  three
 40        and five shall be elected for terms of four (4) years, and the commission-
 41        ers from fire protection subdistricts two and four shall be elected for an
 42        initial  term  of  two (2) years. Thereafter the term of all commissioners
 43        shall be four (4) years.
 44        (5)  That the employees of the consolidated fire protection district shall
 45        be selected from the employees of the fire protection districts being con-
 46        solidated, which employees shall retain the seniority rights  under  their
 47        existing employment contracts.
 48        (b)  After approval of said agreement of consolidation by each of the fire
 49    protection  district boards involved, the boards of commissioners of each fire
 50    protection district shall hold a hearing not less than ten (10) or  more  than
 51    thirty (30) days thereafter, and shall cause notice of said hearing, designat-
 52    ing  the  time  and  place, to be published in at least one (1) issue of a the
 53    official  newspaper of general circulation within the district not  less  than
                                                                        
                                           23
                                                                        
  1    five  (5)  days  prior  to such hearing. Any person supporting or objecting to
  2    such petition shall be heard at such meeting, if in  attendance,  and  at  the
  3    close of such hearing said board shall approve or reject the agreement of con-
  4    solidation.  If each board approves the agreement of consolidation, the agree-
  5    ment shall become effective and the consolidation of  said  district  complete
  6    thirty  (30)  days  after  such approval unless within such thirty (30) days a
  7    petition signed by five per cent percent (5%) of the qualified electors of one
  8    (1) of the fire protection districts objecting to such consolidation be  filed
  9    with  the secretary of such district. In the event of such objection, election
 10    shall be held as provided in section 31-1405,  Idaho  Code,  except  that  the
 11    question  shall  be  "consolidation of .... fire protection district, yes", or
 12    "consolidation of   .... fire protection district, no",  or  words  equivalent
 13    thereto.  If more than one-half (1/2) of the votes cast are yes, the agreement
 14    shall become effective. If more than one-half (1/2) of the votes cast are  no,
 15    the  agreement  shall be void and of no effect; and no new consolidation shall
 16    be proposed for at least six (6) months following the date of  the  consolida-
 17    tion election.
 18        (c)  Upon  the agreement of consolidation becoming effective, the board of
 19    the consolidated fire protection district shall file a certified copy  of  the
 20    agreement  with  the  county recorder of each county in which such district is
 21    situated, and shall comply with the provisions of section 63-215, Idaho  Code.
 22    The  consolidated  district  shall thereafter have the same rights and obliga-
 23    tions as any other fire protection district organized under  the  statutes  of
 24    this state.
                                                                        
 25        SECTION 24.  That Section 31-1417A, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        31-1417A.  PROCEDURE  FOR  SALE,  CONVEYANCE  AND DISPOSITION OF PROPERTY.
 28    Real or personal property of a fire protection district may be sold, conveyed,
 29    and disposed of by its board of commissioners whenever the board finds and  by
 30    resolution  declares  that the district no longer has use therefor, subject to
 31    the following procedure:
 32        (a)  If in the opinion of the board, any such personal property  does  not
 33    exceed  five  thousand dollars ($5,000) in value, the same may be sold without
 34    independent appraisal, notice, or competitive bids.
 35        (b)  All such real property, and any such personal property exceeding five
 36    thousand dollars ($5,000) in value, shall be appraised by three (3)  disinter-
 37    ested  residents  of the county in which the district is located, who shall be
 38    selected by the board. It may then be sold at public or private  sale  to  the
 39    highest  bidder  for  cash  at  not  less  than its appraised value, after due
 40    notice.
 41        (c)  Due notice of sale shall be accomplished if the notice shall describe
 42    the property to be sold (legal  description,  if  real  property),  state  the
 43    appraised  value thereof (by separate items, if so appraised), and specify the
 44    time, place, and conditions of sale.
 45        (d)  Said notice shall be published in a  the  official  newspaper  having
 46    general  circulation  in of the district at least twice, the first publication
 47    thereof to be not less than ten (10) days preceding the day of sale.
 48        (e)  If such property is sold on terms, the board  may  contract  for  the
 49    sale  of  the same for a period of years not exceeding ten (10) years, with an
 50    annual rate of interest on all deferred payments not  to  exceed  six  percent
 51    (6%)  per  annum. The title to all property sold on contract shall be retained
 52    in the name of the district until full payment has been made by the purchaser.
 53    Any property sold by the board under the provisions of  this  section,  either
                                                                        
                                           24
                                                                        
  1    for  cash or on contract, shall be assessed by the county assessor in the same
  2    manner and upon the same  basis of valuation as though the  purchaser  held  a
  3    record title to the property so sold. The board shall have authority to cancel
  4    any  contract  of sale, pursuant to law, if the purchaser shall fail to comply
  5    with any of the terms of such contract, and retain all payments paid  thereon.
  6    The  board  may  by  agreement  with the purchaser modify or extend any of the
  7    terms of any contracts of sale, but the total period of years shall not exceed
  8    ten (10) years.
  9        (f)  Upon final payment pursuant to the sale of such  real  property,  the
 10    president  and secretary, pursuant to resolution of the board, shall duly exe-
 11    cute and deliver an appropriate deed to the purchaser,  and  upon  the  accom-
 12    plishment  of the sale of such personal property, the president and secretary,
 13    pursuant to resolution of the board, shall duly execute and deliver an  appro-
 14    priate bill of sale to the purchaser.
                                                                        
 15        SECTION 25.  That Section 31-1419A, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        31-1419A.  BUDGET  AND  HEARING -- NOTICE OF HEARING -- PUBLIC INSPECTION.
 18    (1) The fire protection district board shall adopt a budget and shall cause  a
 19    public  hearing to be held upon such budget, prior to certifying a tax levy to
 20    the board of county commissioners of each county within the district, or  hav-
 21    ing a portion of its territory within the district.
 22        (2)  Notice  of  the  budget  hearing meeting shall be posted at least ten
 23    (10) full days prior to the date of said meeting in at least one (1) conspicu-
 24    ous place in each fire protection district to be determined by  the  board;  a
 25    copy  of such notice shall also be published in a daily or weekly the official
 26    newspaper published within of such district, in one (1) issue thereof,  during
 27    such  ten  (10)  day  period. The place, hour and day of such hearing shall be
 28    specified in said notice, as well as the place where such budget may be  exam-
 29    ined  prior  to such hearing. A full and complete copy of such proposed budget
 30    shall be published with and as a part of the publication  of  such  notice  of
 31    hearing.
 32        (3)  Such  budget  shall be available for public inspection from and after
 33    the date of the posting of notices of hearing as in this section provided,  at
 34    such place and during such business hours as the board may direct.
 35        (4)  A  quorum of the board shall attend such hearing and explain the pro-
 36    posed budget and hear any and all objections thereto.
                                                                        
 37        SECTION 26.  That Section 31-1427, Idaho Code, be, and the same is  hereby
 38    amended to read as follows:
                                                                        
 39        31-1427.  WITHDRAWAL.  Any  portion  of  a county fire protection district
 40    which will not be benefited by remaining within such district may be withdrawn
 41    therefrom as in this section provided. Upon receiving  a  petition  signed  by
 42    fifty (50) or more freeholders within the portion desired to be withdrawn from
 43    any  county fire protection district, or by a majority of such freeholders, if
 44    there are less than one hundred (100) freeholders within the portion sought to
 45    be withdrawn, requesting the withdrawal of such portion from the  district  on
 46    the  ground  that such portion will not be benefited by remaining in said dis-
 47    trict, the board of county commissioners shall fix a time for the  hearing  of
 48    such  petition  and  for  hearing protests to the continuance of the remaining
 49    territory as a county fire protection district, which shall not be  less  than
 50    ten  (10)  days, nor more than thirty (30) days after the receipt thereof. The
 51    said board shall,  at least a week prior to  the  time  so  fixed,  publish  a
                                                                        
                                           25
                                                                        
  1    notice of such hearing by one insertion in a the official newspaper of general
  2    circulation in said district, which the board deems most likely to give notice
  3    to the inhabitants thereof of the proposed withdrawal.
                                                                        
  4        SECTION  27.  That Section 31-1435, Idaho Code, be, and the same is hereby
  5    amended to read as follows:
                                                                        
  6        31-1435.  ANY DISSOLUTION. Dissolution of  any  fire  protection  district
  7    organized  under this chapter may be initiated by a petition signed by twenty-
  8    five (25) or more of the holders of title, or evidence of title to real  prop-
  9    erty  within  the fire protection district aggregating not less than one thou-
 10    sand (1,000) acres of contiguous territory, or consisting of contiguous terri-
 11    tory of less extent, by having market value  for  assessment  purposes  of  at
 12    least  five  hundred  thousand dollars ($500,000) at the last preceding county
 13    assessment, or by a petition signed by at least twenty-five per  cent  percent
 14    (25%)  of  the  holders  of  title, or evidence of title, to the real property
 15    within the fire protection district, requesting dissolution of such fire  pro-
 16    tection district, in the following manner:
 17        The petition shall first be presented to the board of county commissioners
 18    of  each  county  in which the fire protection district is situated, signed by
 19    the number of holders of title or evidence  of  title  above  provided,  which
 20    petition  shall  clearly  designate the boundaries of the fire protection dis-
 21    trict and shall state the name of the district and shall be accompanied  by  a
 22    map  thereof.  The  petition,  together  with  all maps and other papers filed
 23    therewith, shall, at proper hours, be open to public inspection in the  office
 24    of  the  clerk  of the board of county commissioners between the date of their
 25    said filing and the date of the election on the question of districts as here-
 26    after provided. The petition may be in one (1) or in several papers. When such
 27    petition is presented to the board of county commissioners, and filed  in  the
 28    office  of the clerk of the board, the said board shall set a time for hearing
 29    of such petition, which time shall not be less than four (4) nor more than six
 30    (6) weeks from the date of the presenting  and  filing  of  said  petition.  A
 31    notice  of  the  time of such hearing shall be published by said board, once a
 32    week for three (3) successive weeks previous to the time set for such hearing,
 33    in a the official newspaper published within of the county in which said  dis-
 34    trict  is  situated. Said notice shall give the boundaries of the fire protec-
 35    tion district and shall state that a petition has been filed to  dissolve  the
 36    same, and that on the date fixed for the hearing, any taxpayer within the dis-
 37    trict, may appear and offer any objection to the dissolving of such district.
 38        After  hearing and considering any and all objections to the dissolving of
 39    said district, the county commissioners shall thereupon make an  order  either
 40    denying  such  petition  or granting same, with or without modification. After
 41    the county commissioners have entered their order approving  or  denying  such
 42    petition,  the  clerk  of  the board of county commissioners shall cause to be
 43    published, a notice of election to be held in such  proposed  fire  protection
 44    district, for the purpose of determining whether or not the same shall be dis-
 45    solved.  Such notice shall plainly and clearly designate the boundaries of the
 46    fire protection district, its name, and further, that the election  is  to  be
 47    held  to  decide the question of whether the fire protection district shall be
 48    maintained or dissolved. Such notice shall be published once in each week  for
 49    three  (3) successive publications prior to such election, in a newspaper pub-
 50    lished within the county aforesaid.
 51        Such notice shall require the electors to cast ballots which shall contain
 52    the words "fire protection district dissolved .... yes" or:  "fire  protection
 53    district  dissolved  ....  no" or words equivalent thereto. No person shall be
                                                                        
                                           26
                                                                        
  1    entitled to vote at any  election  held  under  the  provisions  of  this  act
  2    chapter,  unless  he shall possess all the qualifications required of electors
  3    under the general laws of the state and be a resident of the district.
  4        The election qualifications of electors and canvass of the  ballots  shall
  5    be  made  in  the same manner as provided for in sections 31-1406 and 31-1407,
  6    Idaho Code.
  7        If a majority of the electors voting at such election shall vote  to  dis-
  8    solve  the  fire protection district, the board of county commissioners shall,
  9    after certifying the results of such election, enter an order upon the minutes
 10    of its official proceedings dissolving said fire protection district, and such
 11    district shall thereupon be dissolved.
 12        Provided, however, that whenever a petition requesting  dissolution  of  a
 13    fire  protection  district  is  signed by the holders of title, or evidence of
 14    title, to all of the real property included within the  fire  protection  dis-
 15    trict  and  is presented to the board of county commissioners of the county in
 16    which the fire protection district is situated, accompanied by a  map  clearly
 17    designating  the boundaries of the district, the board of county commissioners
 18    shall set a time for hearing of such petition, which time shall  not  be  less
 19    than  four (4) nor more than six (6) weeks from the date of the presenting and
 20    filing of said petition. A notice of the time and place of such hearing  shall
 21    be published by said board once a week for three (3) successive weeks previous
 22    to  such hearing, in a newspaper published within the county in which the fire
 23    protection district is situated. Said notice shall give the boundaries of  the
 24    fire  protection  district  and  shall state that a petition has been filed to
 25    dissolve the same, and that on the date fixed for the hearing,  any  resident,
 26    taxpayer,  or  creditor  of such fire protection district may appear and offer
 27    any objection to the dissolving of the fire protection district.  If  at  such
 28    hearing,  no  protests  are made to the granting of the petition, the board of
 29    county commissioners shall enter an order upon the  minutes  of  its  official
 30    proceedings  dissolving such fire protection district, and such district shall
 31    thereupon be dissolved. If, however, any protests from  residents,  taxpayers,
 32    or  creditors of the district are entered at such hearing, the board of county
 33    commissioners shall, within  thirty  (30)  days  of  said  hearing,  determine
 34    whether  or  not  such  fire  protection district shall be dissolved and shall
 35    cause an order to that effect to be entered upon the minutes of  its  official
 36    proceedings.  If  the board determines that the fire protection district shall
 37    be dissolved, such dissolution shall be effective as of the date of the  entry
 38    of such order upon the minutes.
 39        The  property  of such district shall remain the property of the county in
 40    which such district is located and any money remaining in  the  fund  of  such
 41    district  shall  be  expended in the maintenance and repair of the highways of
 42    such district whether such highways at the time of the dissolution, are in the
 43    incorporated territory or in unincorporated territory.
 44        If the district is situated in two (2) or more  counties,  each  board  of
 45    county commissioners shall coordinate the hearing date and the publications of
 46    notice  so  that only one (1) hearing need be held. Unless otherwise agreed to
 47    by each board of county commissioners involved, the hearing shall be  held  at
 48    the  administrative  offices of the district, and the boards of county commis-
 49    sioners are hereby specifically authorized to act in a joint manner  for  such
 50    purposes.  If  an election is called, the boards of county commissioners shall
 51    provide that the election be held on the same day  in  each  county,  and  the
 52    boards  of county commissioners shall coordinate the canvass of the votes cast
 53    and make one (1) joint announcement. If a majority of votes in any county  are
 54    against  the dissolution of the district, such rejection shall void the disso-
 55    lution of the district in all counties.
                                                                        
                                           27
                                                                        
  1        SECTION 28.  That Section 31-1604, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        31-1604.  APPROVAL  OF  TENTATIVE APPROPRIATIONS -- NOTICE -- FINAL APPRO-
  4    PRIATIONS. The suggested budget prepared by the county budget officer as here-
  5    inabove provided, together with the estimates and information furnished by the
  6    various offices, departments,  services,  agencies  and  institutions  of  the
  7    county shall be submitted by said county budget officer to the board of county
  8    commissioners  of  his  county on or before the first Monday in August of each
  9    year; said county commissioners shall convene to consider said proposed budget
 10    in detail and make any alterations allowable by law and which they deem advis-
 11    able, and agree upon a tentative amount to be allowed and appropriated for the
 12    ensuing fiscal year to each office, department, service, agency or institution
 13    of the county. Such allowances or appropriations shall be made under the clas-
 14    sifications of:
 15        "Salaries" or "Salaries and Benefits," and
 16        "Detail of Other Expenses," or "Detail of Other  Expenses  and  Benefits,"
 17    and may include "Benefits," as a separate category as hereinafter provided.
 18        When  the  commissioners  have agreed on such tentative appropriations the
 19    county budget officer, not later than the third week in  August,  shall  cause
 20    notice  to  be  published setting forth the amount of anticipated revenue from
 21    property taxes and the total of revenues anticipated from sources  other  than
 22    property  taxes  and  the  amount  proposed to be appropriated to each office,
 23    department, service, agency or institution  fund  and/or  department  for  the
 24    ensuing  fiscal year, in not less than two (2) classifications and which shall
 25    include  "Salaries,"  or  "Salaries  and  Benefits,"  and  "Detail  of   Other
 26    Expenses,"  or  "Detail of Other Expenses and Benefits," and which may include
 27    "Benefits" as a separate classification together  with  the  amounts  expended
 28    under  these  classifications during each of the two (2) previous fiscal years
 29    by each office, department, service, agency or institution fund and/or depart-
 30    ment; and that the board of county commissioners will meet on  or  before  the
 31    Tuesday following the first Monday in September, next succeeding, for the pur-
 32    pose  of  considering  and  fixing a final budget and making appropriations to
 33    each office, department, service, agency or institution fund and/or department
 34    of the county for the ensuing fiscal year  at  which  time  any  taxpayer  may
 35    appear and be heard upon any part or parts of said tentative budget and fixing
 36    the  time  and  place of such meeting. Said notice shall be published in a the
 37    official newspaper as prescribed in section 31-819, Idaho Code of the county.
                                                                        
 38        SECTION 29.  That Section 31-2306, Idaho Code, be, and the same is  hereby
 39    repealed.
                                                                        
 40        SECTION  30.  That Section 31-3601, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        31-3601.  RESOLUTION OF COUNTY COMMISSIONERS -- HEARING  AND  NOTICE.  Any
 43    county  which  now  has  or  may plan to build, purchase or by any other means
 44    acquire a county hospital shall create a county hospital board in the  follow-
 45    ing  manner: The board of county commissioners shall, by appropriate motion or
 46    resolution adopted and incorporated in its minutes, signify  that  it  is  the
 47    intention  of  the  board  of county commissioners to create a county hospital
 48    board for the purpose of conducting, operating and maintaining a county hospi-
 49    tal or hospitals in accordance with the provisions of this  act  chapter,  and
 50    shall fix a date, not less than three (3) nor more than six (6) weeks from the
 51    date  of  the  adoption of such motion or resolution, for a hearing, and shall
                                                                        
                                           28
                                                                        
  1    order the clerk of the board to publish notice of such meeting in one  (1)  or
  2    more  the  official  newspapers published and having general circulation in of
  3    the county, which notice shall include the time and place of such hearing,  at
  4    which the board of county commissioners will hear any person or persons inter-
  5    ested upon the matter of whether a hospital board shall be created within such
  6    county, which publication shall be made at least two (2) weeks before the date
  7    set for such hearing.
                                                                        
  8        SECTION 31.  That Section 31-3616A, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        31-3616A.  DISPOSAL  OF  PERSONAL PROPERTY. Notwithstanding the provisions
 11    of section 31-808, Idaho Code, county hospital boards may dispose of  personal
 12    property  previously  purchased, paid for, or otherwise acquired by the board,
 13    so long as any such property to be disposed of has a resale or  salvage  value
 14    not  in  excess  of  five thousand dollars ($5,000) and is not a fixture under
 15    section 55-101, Idaho Code; provided, that the board shall notify  the  public
 16    of  its  intent  to  dispose of any such property prior to sale by publication
 17    once in a the official newspaper of general  circulation  within  the  county.
 18    Where  any  such  property,  regardless of resale or salvage value may, in the
 19    board's judgment, pose a threat to public health or safety if disposed  of  at
 20    public auction, the board is authorized to dispose of it without regard to the
 21    provisions of section 31-808, Idaho Code.
                                                                        
 22        SECTION  32.  That Section 31-3908, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        31-3908.  AMBULANCE DISTRICT AUTHORIZED. (1) The county  commissioners  of
 25    any  county  shall, upon petition signed by not less than fifty (50) qualified
 26    electors of said county, or any portion thereof, which  may  exclude  incorpo-
 27    rated  cities, undertake the following procedure to determine the advisability
 28    of resolving to establish and maintain an ambulance  service  district  within
 29    the county as may be designated in the petition.
 30        (a)  A  petition  to form an ambulance service district shall be presented
 31        to the county clerk and recorder. The petition shall be signed by not less
 32        than fifty (50) of the resident real property holders within the  proposed
 33        district. The petition shall designate the boundaries of the district.
 34        (b)  The petition shall be filed with the county clerk and recorder of the
 35        county  in  which the signers of the petition are located. Upon the filing
 36        of the petition the county clerk shall examine the  petition  and  certify
 37        whether  the  required  number of petitioners have signed the petition. If
 38        the number of petition signers is sufficient, the clerk shall transmit the
 39        petition to the board of county commissioners.
 40        (c)  Upon receipt of a duly certified petition the board of county commis-
 41        sioners shall cause the text of the petition to be published once  a  week
 42        for  at  least  three (3) consecutive weeks in a the official newspaper of
 43        general circulation within the county. With the publication of  the  peti-
 44        tion  there  shall be published a notice of the time of the meeting of the
 45        board of county commissioners when the petition will be considered stating
 46        that all persons interested may appear and be heard. No more than five (5)
 47        names attached  to the  petition  shall  appear  in  the  publication  and
 48        notice, but the number of signatures shall be stated.
 49             At  the  time of filing the petition the sponsors thereof shall cause
 50        to be deposited with the county clerk a sufficient sum of money  to  cover
 51        the  cost of publication of the petition and all necessary notices. If the
                                                                        
                                           29
                                                                        
  1        petition and notices are not published the deposit shall  be  returned  to
  2        whomever  deposited the funds, and if there is any surplus remaining after
  3        paying for the publication as herein provided it shall be returned to  the
  4        original depositors, and if a district is created the fees so expended are
  5        an  obligation  of the district and shall be repaid by the district to the
  6        depositors.
  7        (d)  At the time set for hearing the petition, the board of county commis-
  8        sioners shall hear all persons who desire to be heard relative to the cre-
  9        ation of an ambulance service district. The board of county  commissioners
 10        may,  if  they so desire and it appears desirable, adjourn the meeting for
 11        not to exceed thirty (30) days in time to further hear the petitioners and
 12        protestants, if any. After the hearing or hearings, the  board  of  county
 13        commissioners  shall adopt a resolution either creating the proposed ambu-
 14        lance service district or denying the petition. When the board  of  county
 15        commissioners  creates an ambulance service district the board shall adopt
 16        a resolution describing the boundaries of the district.
 17        (e)  When the board of county commissioners adopts the resolution creating
 18        the ambulance service district, the board shall include in the  resolution
 19        the  name  of the district, and file a copy of the order creating the dis-
 20        trict with the county clerk  and  recorder,  for  which  the  clerk  shall
 21        receive a fee of three dollars ($3.00).
 22        (f)  Procedures for annexation, deannexation, or dissolution of a district
 23        created  pursuant  to this section shall be in substantial compliance with
 24        the provisions for public notice and hearing provided herein, and shall be
 25        by resolution adopted by the board of county commissioners.
 26        (2)  When the board of county commissioners has ordered the creation of an
 27    ambulance service district, pursuant to the provisions of this  section,  such
 28    district  is hereby recognized as a legal taxing district, and providing ambu-
 29    lance service is a governmental function.
 30        (3)  The board of county commissioners shall be the governing board of  an
 31    ambulance  service  district created pursuant to this section, and shall exer-
 32    cise the duties and responsibilities provided in chapter 39, title  31,  Idaho
 33    Code.
 34        (4)  In  any county where an ambulance service district is created as pro-
 35    vided herein, the board of county commissioners is authorized to levy  a  spe-
 36    cial  tax,  not  to  exceed four-hundredths percent (.04%) of market value for
 37    assessment purposes, except as authorized by subsection (a)  below,  upon  all
 38    taxable property within the district for the purposes of the district, but the
 39    levy otherwise authorized in section 31-3901, Idaho Code, shall not be made on
 40    taxable property within the district.
 41        (a)  In any county where an ambulance service district has been created as
 42        of  January  1,  1976, and the market value for assessment purposes of the
 43        district is less than three hundred million  dollars  ($300,000,000),  the
 44        board  of county commissioners is authorized to levy a special tax, not to
 45        exceed ten-hundredths percent (.10%) of market value for  assessment  pur-
 46        poses,  upon  all taxable property within the district for the purposes of
 47        the district, but the levy otherwise authorized in section 31-3901,  Idaho
 48        Code, shall not be made on taxable property within the district.
 49        (5)  The board of county commissioners is authorized by resolution to cre-
 50    ate  an ambulance district capital improvement account. The board may dedicate
 51    all or a portion of the fees and taxes collected pursuant to this  chapter  to
 52    the capital improvement account for the purpose of purchasing necessary build-
 53    ings,  land  or equipment for the operation of the district. The board is fur-
 54    ther authorized to carry over and add to the funds in the account from year to
 55    year in order to make the purchases authorized by this subsection.
                                                                        
                                           30
                                                                        
  1        SECTION 33.  That Section 31-4003, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        31-4003.  EXPENDITURES  FOR WHICH BIDS REQUIRED. (1) Unless otherwise pro-
  4    vided in this chapter, when the expenditure contemplated exceeds five thousand
  5    dollars ($5,000), but not twenty-five thousand dollars ($25,000),  the  county
  6    shall obtain price or cost quotations from at least three (3) responsible ven-
  7    dors  in  the  business  of supplying such goods or services. To enhance small
  8    business bidding opportunities, the county shall seek a minimum of  three  (3)
  9    price  quotations  from registered vendors having a significant Idaho economic
 10    presence as defined in section 67-2349, Idaho Code. If the county  finds  that
 11    it  is  impractical  or impossible to obtain three (3) quotations for the pro-
 12    posed transaction, the county may acquire  the  property  in  any  manner  the
 13    county  deems  best.  The county shall then procure the goods or services from
 14    the responsible vendor quoting the lowest price. When the expenditure  contem-
 15    plated  exceeds twenty-five thousand dollars ($25,000), it shall be contracted
 16    for and let to the lowest responsible bidder. Where both the bids and  quality
 17    of property offered are the same, preference shall be given to the property of
 18    local and domestic production and manufacture or from bidders having a signif-
 19    icant Idaho economic presence as defined in section 67-2349, Idaho Code.
 20        (2)  Upon  resolution  by  the board of county commissioners that there is
 21    only one (1) vendor as a source of procurement and the procurement involves  a
 22    contract which does not exceed one (1) year, then notice of a sole source pro-
 23    curement shall be published in a the official newspaper of general circulation
 24    printed  or  published  in  the  county  or  having general circulation in the
 25    county, at least ten (10) working days prior to the award of the contract. For
 26    purposes of this section, only one (1) vendor shall refer to situations  where
 27    there  is  only one (1) source reasonably available, and shall include, but is
 28    not limited to:
 29        (a)  Where the compatibility of equipment, components,  accessories,  com-
 30        puter  software,  replacement  parts or service is the paramount consider-
 31        ation;
 32        (b)  Where a sole supplier's item is needed for trial use or testing;
 33        (c)  Purchase of mass-produced movies, videos, books or other  copyrighted
 34        materials;
 35        (d)  Purchase  of  property  for  which it is determined there is no func-
 36        tional equivalent;
 37        (e)  Purchase of public utility services;
 38        (f)  Purchase of products, merchandise or trademarked goods for resale  at
 39        a county facility; or
 40        (g)  Where  competitive  solicitation  is  impractical, disadvantageous or
 41        unreasonable under the circumstances.
                                                                        
 42        SECTION 34.  That Section 31-4004, Idaho Code, be, and the same is  hereby
 43    amended to read as follows:
                                                                        
 44        31-4004.  NOTICE  INVITING  BIDS  --  CONTENTS  -- PUBLICATION. The notice
 45    inviting bids shall set a date and place for the opening of  bids.  The  first
 46    publication  of the notice shall be at least two (2) weeks before the date for
 47    opening bids. Notice shall be published at least twice, not less than one  (1)
 48    week  apart,  in  a the official newspaper of general circulation, printed and
 49    published in the county, or if there is none, it shall be published in a news-
 50    paper having general circulation in the county. The  notice  shall  succinctly
 51    set forth the project to be done. The following documents shall be made avail-
 52    able  by  the  county commissioners, free of charge, to any interested bidder:
                                                                        
                                           31
                                                                        
  1    bid form, bidder's instructions, contract documents with general  and  special
  2    instructions, when appropriate, drawings and specifications, when appropriate.
                                                                        
  3        SECTION  35.  That Section 31-4118, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        31-4118.  MEETINGS -- OPEN TO PUBLIC -- PLACE. The board of trustees shall
  6    meet once a month at a regular time and place to transact the business of  the
  7    district, the time and place to be fixed by the trustees and any change in the
  8    time  and  place  of meetings shall be given by publication of notice in a the
  9    official newspaper most likely to give notice to the taxpayers within  of  the
 10    district.  All  the meetings shall be open in their entirety to the public and
 11    all meetings shall be held at some place within the  area  of  the  television
 12    district.
                                                                        
 13        SECTION  36.  That Section 31-4304, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        31-4304.  CREATION OF RECREATION DISTRICTS. A recreation district  may  be
 16    created as follows:
 17        (a)  Any person or persons may file a petition for the formation of a rec-
 18    reation district with the clerk. Such petition which may be in one (1) or more
 19    papers  shall clearly designate the boundaries of the proposed district, shall
 20    state the name of the proposed district, shall state  the  maximum   tax  rate
 21    that  would  be  imposed  upon taxable property within the district or planned
 22    unit development recreation districts, and shall be signed by  not  less  than
 23    twenty  percent (20%) of the qualified electors resident within the boundaries
 24    of the proposed district.  The  boundaries  of  the  proposed  district  shall
 25    include  contiguous  territory  having market value for assessment purposes of
 26    not less than five million dollars ($5,000,000) at the last  preceding  county
 27    assessment  and shall not include any area included within an already existing
 28    recreation district. The petition shall be accompanied by a  map  showing  the
 29    boundaries of the proposed district.
 30        (b)  The  clerk shall, within ten (10) days after the filing of such peti-
 31    tion and map, estimate the cost of advertising and holding the  election  pro-
 32    vided  in this section and notify in writing the person or any one of the per-
 33    sons filing such petition as to the amount of such estimate.  Such  person  or
 34    persons  shall  within  twenty  (20) days after receipt of such written notice
 35    deposit such estimated amount with the clerk in cash, or such  petition  shall
 36    be  deemed  withdrawn.  If the deposit is made and the district is formed, the
 37    person or persons so depositing such sum shall be reimbursed  from  the  first
 38    moneys  collected  by  the  district from the taxes authorized to be levied by
 39    this chapter.
 40        (c)  Within thirty (30) days after the filing of  such  petition  together
 41    with  such  map  and the making of such cash deposit, the county commissioners
 42    shall determine whether or not the same substantially comply with the require-
 43    ments of this section. If the county commissioners  find that  there  has  not
 44    been  substantial compliance with such requirements, they shall enter an order
 45    to the effect specifying the particular deficiencies, dismissing such petition
 46    and refunding such cash deposit. If the county commissioners find  that  there
 47    has been substantial compliance with such requirements, the county commission-
 48    ers  shall  forthwith  enter  an order to that effect and calling an election,
 49    subject to the provisions of section 34-106, Idaho Code, upon the formation of
 50    such proposed district as provided in this section.
 51        (d)  If the county commissioners order an election  as  provided  in  this
                                                                        
                                           32
                                                                        
  1    section, such election shall be conducted in accordance with the general elec-
  2    tion  laws  of  the  state,  including the provisions of chapter 14, title 34,
  3    Idaho Code. The  county  commissioners  shall  establish  election  precincts,
  4    design  and  print  elector's  oaths,  ballots  and  other necessary supplies,
  5    appoint election personnel and by rule and regulation provide for the  conduct
  6    and  tally  of  such election. Each qualified elector who is a resident of the
  7    proposed district shall be entitled to vote in such election. The clerk  shall
  8    give  notice  of such election which notice shall clearly designate the bound-
  9    aries of such proposed district, shall state the name of the proposed district
 10    as designated in the petition, shall state the date of such election  and  the
 11    hours  on such date which the polls will be open for receipt of ballots, shall
 12    set forth the qualifications of electors, and shall state that a  map  showing
 13    the  boundaries  of  such district is on file in the office of the clerk. Such
 14    notice shall be published for the first time, not less than twelve  (12)  days
 15    prior  to the election, and the second publication shall be made not less than
 16    five (5) days prior to such election in a  the  official  newspaper  published
 17    within of the county.
 18        (e)  Immediately  after  such  election, the judges at such election shall
 19    forward the ballots and results of such election to the clerk. The county com-
 20    missioners shall canvass the vote within ten (10) days after such election. If
 21    one-half (1/2) or more of the votes cast at such election are against the for-
 22    mation of such district, the county commissioners  shall  enter  an  order  so
 23    finding  and  declaring  that  such district shall not be formed. If more than
 24    one-half (1/2) of the votes cast at such election are in favor of forming such
 25    district, the county commissioners shall enter an order so finding,  declaring
 26    such  district  duly organized under the name designated in such petition, and
 27    dividing such district into three (3) subdivisions, as nearly equal in popula-
 28    tion as possible, to be known as director's subdistricts one (1), two (2)  and
 29    three (3). The county commissioners shall cause one (1) certified copy of such
 30    order  to  be  filed  in  the office of the county recorder of such county and
 31    shall cause one (1) certified copy of such order to be transmitted to the gov-
 32    ernor. Immediately upon the entry of such order, the organization of such dis-
 33    trict shall be complete.
 34        (f)  Upon receipt of a certified copy of the order of the  county  commis-
 35    sioners,  the  governor shall appoint a qualified elector from each director's
 36    subdistrict who shall constitute the first board of such district. The appoin-
 37    tees from director's subdistricts one (1) and two (2) shall  serve  until  the
 38    first  district  election  thereafter  held at which their successors shall be
 39    elected and the appointee from director's subdistrict three  (3)  shall  serve
 40    until  the  second district election thereafter held at which such appointee's
 41    successor shall be elected. The certificate of appointment shall be filed with
 42    the clerk with a copy forwarded to each appointee.
 43        (g)  When the boundaries of the proposed district lie in two (2)  or  more
 44    counties,  the county commissioners of each county shall act separately in the
 45    election and organization of that part of the proposed district  contained  in
 46    their  county  but  the  county  commissioners  of each such county shall meet
 47    together before calling such election, subject to the  provisions  of  section
 48    34-106,  Idaho  Code,  and  provide for uniform proceedings in each county and
 49    fix the boundaries of each director's subdistrict in case such election  shall
 50    carry.
 51        (h)  After  such election, the validity of the proceedings hereunder shall
 52    not be affected by any defect in the petition or in the number  or  qualifica-
 53    tion  of the signers thereof, and in no event shall any action be commenced or
 54    maintained or defense made affecting the validity of the organization of  such
 55    district after six (6) months have expired from the date of entering the order
                                                                        
                                           33
                                                                        
  1    declaring the formation of such district.
                                                                        
  2        SECTION  37.  That Section 31-4330, Idaho Code, be, and the same is hereby
  3    amended to read as follows:
                                                                        
  4        31-4330.  NOTICE OF HEARING -- POSTING AND PUBLICATION. Notice of the bud-
  5    get hearing meeting shall be posted at least ten (10) full days prior  to  the
  6    date  of said meeting in at least one (1) conspicuous place in each recreation
  7    district to be determined by the board, a copy of such notice  shall  also  be
  8    published in a daily or weekly the official newspaper published within of such
  9    recreation  district,  in  one  (1)  issue  thereof,  during such ten (10) day
 10    period. The place, hour and day of such hearing shall  be  specified  in  said
 11    notice,  as  well as the place where such budget may be examined prior to such
 12    hearing. A full and complete copy of such proposed budget shall  be  published
 13    with and as a part of the publication of such notice of hearing.
                                                                        
 14        SECTION  38.  That Section 31-4505, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        31-4505.  BONDS. All revenue bonds authorized to be issued  hereunder  may
 17    be issued as serial bonds or as term bonds or a combination of both types. All
 18    revenue  bonds  so  issued  shall  be  payable  solely out of the revenues and
 19    receipts derived by the county from the pollution control facilities  provided
 20    with the proceeds thereof as may be designated in the proceedings of the board
 21    under  which the revenue bonds shall be authorized to be issued, provided that
 22    such revenue bonds shall not be secured by the full faith and  credit  or  the
 23    taxing  power  of  the state of Idaho or of any political subdivision thereof,
 24    and such limitation shall be plainly printed on the face of each such  revenue
 25    bond.  Such  revenue  bonds may be executed and delivered by the county at any
 26    time and from time to time in such amounts, may be in such form and  denomina-
 27    tions  and of such terms and maturities, may be in fully registered form or in
 28    bearer form registrable either as to principal or interest or both,  may  bear
 29    such  conversion  privileges  and  be payable in such installments and at such
 30    time or times not exceeding forty (40) years from the  date  thereof,  may  be
 31    payable  at  such  time or times and at such place or places whether within or
 32    without the state of Idaho and evidenced in such manner, may bear interest  at
 33    such  rate  or  rates per annum without regard to any interest rate limitation
 34    appearing in any other law, may be executed by the manual or facsimile  signa-
 35    tures  of  such  officers  of  the county, and may contain such provisions not
 36    inconsistent herewith, all as shall be provided  in  the  proceedings  of  the
 37    board  under  which  the  revenue  bonds  shall be authorized to be issued. If
 38    deemed advisable by the board there may be retained in the  proceedings  under
 39    which  any  such revenue bonds are authorized to be issued an option to redeem
 40    all or any part thereof as may be specified in such proceedings, at such price
 41    or prices and after such notice or notices and on such terms and conditions as
 42    may be set forth in such proceedings, but nothing herein  contained  shall  be
 43    construed to confer on any county the right or option to redeem any such reve-
 44    nue bonds except as may be  provided in the proceedings under which they shall
 45    be issued. Any revenue bonds issued hereunder may be sold at public or private
 46    sale  for such price and in such manner and from time to time as may be deter-
 47    mined by the board, and the county may pay, but solely and only from the  pro-
 48    ceeds  of any such revenue bonds, all expenses, premiums and commissions which
 49    the board may deem necessary or advantageous in connection with  the  issuance
 50    thereof. Issuance by any county of one (1) or more series of revenue bonds for
 51    one  (1)  or  more  purposes under this act shall not preclude it from issuing
                                                                        
                                           34
                                                                        
  1    other revenue bonds in connection with the same pollution control facility  or
  2    any  other  pollution control facility or for any other purpose hereunder, but
  3    the proceedings whereunder any subsequent bonds may be issued shall  recognize
  4    and  protect  any  prior pledge made for any prior issue of revenue bonds. Any
  5    revenue bonds issued hereunder at any time outstanding may  at  any  time  and
  6    from  time  to  time  be  refunded  by the issuance of refunding bonds in such
  7    amount as the board may deem necessary but not exceeding an amount  sufficient
  8    to  refund  the  principal  of  the bonds so to be refunded, together with any
  9    unpaid interest thereon and any premiums, commissions, service fees and  other
 10    expenses  necessary to be paid in connection therewith. Any such refunding may
 11    be effected whether the bonds to be  refunded  shall  have  matured  or  shall
 12    thereafter  mature,  either by sale of the refunding bonds and the application
 13    of the proceeds thereof for the payment of the bonds to be  refunded  thereby,
 14    or by the exchange of the refunding bonds for the bonds to be refunded thereby
 15    with the consent of the holders of the bonds so to be refunded, and regardless
 16    of  whether or not the bonds to be refunded were issued in connection with the
 17    same pollution control facility or separate pollution  control  facilities  or
 18    for  any other purpose hereunder, and regardless of whether or not the revenue
 19    bonds proposed to be refunded shall be payable on the same date  or  different
 20    dates  or  shall  be due serially or otherwise. All such revenue bonds and the
 21    interest coupons applicable thereto, if any, are hereby made and shall be con-
 22    strued to be negotiable instruments.
 23        The resolution authorizing the issuance of any revenue bonds hereunder and
 24    the execution of an indenture as security therefor shall be published one  (1)
 25    time  in  a  the  official newspaper of general circulation in the county. Any
 26    such indenture, or other instrument authorized in such resolution to  be  exe-
 27    cuted,  may  be  incorporated as an exhibit to such resolution but need not be
 28    published as part of the resolution. For a period of thirty (30) days from the
 29    date of such publication any person in interest may file suit in any court  of
 30    competent jurisdiction to contest the regularity, formality or legality of the
 31    proceedings  authorizing the revenue bonds, or the legality of such resolution
 32    and its provisions or of the revenue bonds to be issued pursuant  thereto  and
 33    the provisions securing the revenue bonds. After the expiration of such thirty
 34    (30)  day period no one shall have any right of action to contest the validity
 35    of the revenue bonds or of such proceedings  or  of  such  resolution  or  the
 36    validity  of the pledges and covenants made in such proceedings and resolution
 37    and the revenue bonds and the provisions for their payment  shall  be  conclu-
 38    sively  presumed  to  be legal and no court shall thereafter have authority to
 39    inquire into such matters.
                                                                        
 40        SECTION 39.  That Section 31-4510, Idaho Code, be, and the same is  hereby
 41    amended to read as follows:
                                                                        
 42        31-4510.  POWERS  NOT  RESTRICTED  --  LAW COMPLETE IN ITSELF -- ELECTION.
 43    Neither this chapter nor anything herein contained shall  be  construed  as  a
 44    restriction  or  limitation  upon  any powers which any county might otherwise
 45    have under any laws of this state, but shall  be construed  as  cumulative  of
 46    any  such powers. No proceedings, notice or approval shall be required for the
 47    issuance of any revenue bonds or any instrument as security  therefor,  except
 48    that no revenue bonds shall be issued hereunder until the board shall by reso-
 49    lution  adopted  by a majority of the board determine that the interest of the
 50    county and the public interest or necessity demand the acquisition,  construc-
 51    tion,  installation  and  equipment  of  pollution  control  facilities  to be
 52    financed for or to be sold, leased or otherwise disposed of to persons,  asso-
 53    ciations  or corporations other than municipal corporations or other political
                                                                        
                                           35
                                                                        
  1    subdivisions, whereupon the board shall order the submission of  the  proposi-
  2    tion  of issuing such revenue bonds for the purposes set forth in said resolu-
  3    tion to the vote of the qualified electors of the county as defined in section
  4    34-104, Idaho Code, at an election to be held subject  to  the  provisions  of
  5    section  34-106,  Idaho  Code. The declaration of public interest or necessity
  6    herein required and the provision for the holding  of  such  election  may  be
  7    included  within one and the same resolution, which resolution, in addition to
  8    such declaration of public interest or necessity, shall recite the objects and
  9    purposes for which the revenue bonds are proposed to be issued, the amount  of
 10    principal of the revenue bonds, and the source of revenues pledged to the pay-
 11    ment of said bonds.
 12        Such  resolution shall also fix the date upon which such election shall be
 13    held, subject to the provisions of section 34-106, Idaho Code, the  manner  of
 14    holding  the  same and the method of voting for or against the issuance of the
 15    revenue bonds. Such resolution shall also fix the compensation to be paid  the
 16    officers  of the election and shall designate the precincts and polling places
 17    and shall appoint for each polling place, from each precinct from the electors
 18    thereof, the officers of such election, which officers shall consist of  three
 19    (3)  judges,  one (1) of whom shall act as clerk, who shall constitute a board
 20    of election for each polling place. The description of precincts may  be  made
 21    by  reference to any order or orders of the board, or by reference to any pre-
 22    vious order or resolution of the board or by detailed description of such pre-
 23    cincts. Precincts established by the board may be consolidated  for  elections
 24    held  hereunder.  A  notice of election shall be published once a week for two
 25    (2) consecutive weeks, the first publication shall be  not  less  than  twelve
 26    (12) days prior to the election, and the last publication of which shall be at
 27    least  five  (5) days prior to the date set for said election, in the official
 28    newspaper of general circulation within the county, in which legal notices  of
 29    the  county  are customarily published, and no other or further notice of such
 30    election or publication of the names of election officers or of the  precincts
 31    or polling places need be given or made.
 32        The respective election boards shall conduct the election in their respec-
 33    tive precincts in the manner prescribed by law for the holding of county elec-
 34    tions  to  the extent the same shall apply and shall make their returns to the
 35    board. The returns thereof shall be canvassed and the results thereof declared
 36    as provided in chapter 12, title 34, Idaho Code.
 37        In the event that it shall appear from said returns that a majority of the
 38    qualified electors of the county who shall have voted on any proposition  sub-
 39    mitted  hereunder  at  such  election  voted in favor of such proposition, the
 40    county shall thereupon be authorized to issue and sell such revenue  bonds  of
 41    the county, all for the purpose or purposes and object or objects provided for
 42    in  the proposition submitted hereunder and in the resolution therefor, and in
 43    the amount so provided.
                                                                        
 44        SECTION 40.  That Section 31-4701, Idaho Code, be, and the same is  hereby
 45    amended to read as follows:
                                                                        
 46        31-4701.  CREATION  OF  COUNTY  MUSEUM BOARD. A county museum board may be
 47    created as follows:
 48        (1)  In addition to the procedures provided in subsections  (2),  (3)  and
 49    (4)  of  this  section,  the  county  commissioners may adopt a resolution and
 50    incorporate in its minutes to signify that it is the intention of the board of
 51    county commissioners to create a county museum board in  accordance  with  the
 52    provisions  of  this  chapter.  The  board of county commissioners shall fix a
 53    date, not less than three (3) nor more than six (6) weeks from the date of the
                                                                        
                                           36
                                                                        
  1    adoption of the resolution for a public hearing, and shall order the clerk  of
  2    the  board  to publish notice of the hearing in one or more the official news-
  3    papers of general  circulation in the county, which notice shall  include  the
  4    time  and place of the hearing at which the board of county commissioners will
  5    hear any person or persons interested upon the  matter  of  whether  a  county
  6    museum  board  shall be created pursuant to this chapter. If after the hearing
  7    provided for in this section, the board of  county  commissioners  shall  then
  8    deem  it  for  the  best interests of the county that a county museum board be
  9    created, the county commissioners shall enter an  order  to  that  effect  and
 10    calling  an election upon the formation of the proposed county museum board as
 11    provided in this section.
 12        (2)  Any person or persons may file a petition  for  the  formation  of  a
 13    county  museum  board with the clerk. The petition which may be in one or more
 14    papers shall be signed by not less than ten percent (10%)  of  the  registered
 15    voters residing within the county.
 16        (3)  The  clerk  shall, within ten (10) days after the filing of the peti-
 17    tion, estimate the cost of advertising and holding the  election  provided  in
 18    this section and notify in writing the person or any one of the persons filing
 19    the  petition  as  to  the amount of the estimate. The person or persons shall
 20    within twenty (20) days after receipt of the written notice deposit the  esti-
 21    mated  amount  with  the  clerk in cash, or the petition shall be deemed with-
 22    drawn. If the deposit is made and the county museum board is formed, the  per-
 23    son or persons so depositing the sum shall be reimbursed from the first moneys
 24    collected by the county museum board from the taxes authorized to be levied by
 25    this act chapter.
 26        (4)  Within  thirty  (30)  days  after the filing of the petition together
 27    with the map and the making of the  cash  deposit,  the  county  commissioners
 28    shall determine whether or not they substantially comply with the requirements
 29    of this section. If the county commissioners find that there has not been sub-
 30    stantial  compliance  with  the  requirements,  the county commissioners shall
 31    enter an order to the effect specifying the particular deficiencies,  dismiss-
 32    ing  the  petition and refunding the cash deposit. If the county commissioners
 33    find that there has been substantial compliance  with  the  requirements,  the
 34    county commissioners shall forthwith enter an order to that effect and calling
 35    an election upon the formation of the proposed county museum board as provided
 36    in this section.
 37        (5)  If  the  county  commissioners  order an election as provided in this
 38    section, the election shall be conducted on the first Tuesday  succeeding  the
 39    first Monday of November in any year, and in accordance with the general elec-
 40    tion laws of the state, except as hereinafter provided. The county commission-
 41    ers  shall  establish election precincts, design and print voter's oaths, bal-
 42    lots and other necessary supplies, appoint election personnel and by rule  and
 43    regulation  provide for the conduct and tally of the election. Each registered
 44    voter of the county shall be entitled to vote in the election. The clerk shall
 45    give notice of the election which notice shall clearly state the  question  of
 46    whether  a county museum board shall be formed and shall state the date of the
 47    election. The notice shall be published once each week for three  (3)  succes-
 48    sive  publications prior to the election in a the official newspaper published
 49    within of the county.
 50        (6)  Immediately after the election, the judges at the election shall for-
 51    ward the ballots and results of the election to the clerk. The county  commis-
 52    sioners  shall  canvass  the  vote within ten (10) days after the election. If
 53    forty-five percent (45%) or more of the votes cast at the election are against
 54    the formation of the county museum board, the county commissioners shall enter
 55    an order so finding and declaring that the county museum board  shall  not  be
                                                                        
                                           37
                                                                        
  1    formed.  If  more than fifty-five percent (55%) of the votes cast at the elec-
  2    tion are in favor of forming the county museum board, the county commissioners
  3    shall enter an order so finding, declaring the county museum board duly  orga-
  4    nized.  The  county  commissioners  shall  cause one (1) certified copy of the
  5    order to be filed in the office of the county recorder of the county and shall
  6    cause one (1) certified copy of the order to be transmitted to  the  governor.
  7    Immediately upon the entry of the order, the organization of the county museum
  8    board shall be complete.
  9        (7)  After  the  election, the validity of the proceedings hereunder shall
 10    not be affected by any defect in the petition, if any, or  in  the  number  or
 11    qualification of the signers thereof, and in no event shall any action be com-
 12    menced  or  maintained or defense made affecting the validity of the organiza-
 13    tion of the county museum board after six (6) months  have  expired  from  the
 14    date of entering the order declaring the formation of the county museum board.
                                                                        
 15        SECTION  41.  That  Section 34-602, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        34-602.  PUBLICATION OF NOTICES FOR PRIMARY, GENERAL OR SPECIAL  ELECTIONS
 18    --  CONTENTS.  The several county clerks shall publish at least two (2) times,
 19    the notices for any primary, general or special  election.  The  notice  shall
 20    state  the  date  of  the election, the polling place in each precinct and the
 21    hours during which the polls shall be open for  the  purpose  of  voting,  and
 22    information about the accessibility of the polling places.
 23        The first notice shall be published at least twelve (12) days prior to any
 24    election and the second notice shall be published not later than five (5) days
 25    prior  to  the election. The notice of election shall be published in at least
 26    two (2) newspapers, published within the county, but if this is not  possible,
 27    the notice shall be published in one (1) newspaper published within the county
 28    or  a  newspaper  which  has general circulation within including the official
 29    newspaper of the county, but if there are not two (2) newspapers, then in  the
 30    official newspaper of the county.
                                                                        
 31        SECTION  42.  That Section 34-1405, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        34-1405.  NOTICE OF ELECTION FILING DEADLINE. (1) Not more  than  fourteen
 34    (14)  nor less than seven (7) days preceding the candidate filing deadline for
 35    an election, the election official of each political subdivision  shall  cause
 36    to  be  published  a  notice of the forthcoming candidate filing deadline. The
 37    notice shall include not less than the name of the political subdivision,  the
 38    place where filing for each office takes place, and a notice of the availabil-
 39    ity  of  declarations of candidacy. The notice shall be published in the offi-
 40    cial newspaper of the political subdivision.
 41        (2)  The secretary of state shall compile an  election  calendar  annually
 42    which  shall  include  not  less  than a listing of the political subdivisions
 43    which will be conducting candidate elections  in  the  forthcoming  year,  the
 44    place where filing for each office takes place, and the procedure for a decla-
 45    ration  of candidacy. Annually in December, the county clerk shall cause to be
 46    published the election calendar for the  county  for  the  following  calendar
 47    year. It shall be the duty of the election official of each political subdivi-
 48    sion  to  notify the county clerk, not later than the last day of November, of
 49    any election for that political subdivision to occur during the next  calendar
 50    year.  In  the  event  of  failure to so notify the county clerk, the election
 51    official of the political subdivision  shall cause to be published  notice  of
                                                                        
                                           38
                                                                        
  1    the omitted election as soon as he is  aware of the omission. This publication
  2    shall  be  in addition to the publication required by paragraph subsection (1)
  3    of this section. The election calendar for the county shall be published in at
  4    least two (2) newspapers published within the county, but if this is not  pos-
  5    sible, the calendar shall be published in one (1) the official newspaper which
  6    has  general circulation within of the county. Copies of the election calendar
  7    shall be available, without charge, from the office of the secretary of  state
  8    or the county clerk.
                                                                        
  9        SECTION  43.  That  Section 38-505, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        38-505.  CREATION OF BURN SEEDING AREAS. The boards of county  commission-
 12    ers  of  the  various  counties are hereby authorized to create areas that may
 13    hereafter be  burned  over  within  their  respective  counties,  into  "Bburn
 14    Sseeding  Aareas,"  and such boards may purchase, or authorize the purchase of
 15    seed to seed a part or all of such areas. The county boards  are  also  autho-
 16    rized  to enter into contracts with other state agencies or with federal agen-
 17    cies to seed land under the jurisdiction of such agencies within  such  "Bburn
 18    Sseeding Aareas."
 19        Whenever  the Bboard of Ccounty Ccommissioners of any county deems it nec-
 20    essary or desirable to create a "Bburn Sseeding Aarea," it must by  resolution
 21    adopted  by  a  majority  of the members of said Bboard, setting forth in such
 22    resolution that such said Burning burn Sseeding Aarea is necessary within  the
 23    county,  and  describing  all of the lands included in said area, and fixing a
 24    time of hearing. The Cclerk of the Bboard must publish said resolution  and  a
 25    notice  requiring  all interested persons to appear at a time and place before
 26    said Bboard as designated in said resolution, and show cause if any they  have
 27    why  said Bburn Sseeding Aarea should not be created. Said notice must be pub-
 28    lished in one (1) issue of a weekly the official newspaper published in of the
 29    Ccounty. If no newspaper is published in the county, then in such paper as the
 30    Board may direct in its resolution. Said resolution and said notice shall pro-
 31    vide a date of hearing, which shall be not less than ten (10)  days  from  the
 32    date of publication. Upon said hearing after fully considering said matter, if
 33    the  Bboard  finds that the creation of said Bburn Sseeding Aarea is desirable
 34    and necessary, it shall make an order in writing to that effect, and file  the
 35    same  with  the Cclerk of the Ddistrict Ccourt in and for said Ccounty. Anyone
 36    interested may appeal to the Ddistrict Ccourt under the procedure set forth by
 37    Ssections 31-1510, 31-1511, and 31-1512, Idaho Code.
                                                                        
 38        SECTION 44.  That Section 38-809, Idaho Code, be, and the same  is  hereby
 39    amended to read as follows:
                                                                        
 40        38-809.  PRIZE  LOGS  -- SALE AT PUBLIC AUCTION. All logs or timbers suit-
 41    able for manufacture into lumber, ties, poles, or other timber  products,  not
 42    bearing  a  legally  recorded  mark  or  marks, which shall be placed aboard a
 43    transport vehicle for land transportation or placed afloat on a  waterway,  or
 44    permitted  to  be afloat upon any of the public waters of this state, not con-
 45    fined in booms or rafts, and all  such  logs  or  timbers  bearing  a  legally
 46    recorded  mark  or marks not claimed within one (1) year after being placed in
 47    transit or afloat shall be prize logs, and no evidence of any  private  owner-
 48    ship  thereof  shall be admissible in any proceeding. Prize logs shall be sold
 49    by or under the direction of the state board of  scaling  practices,  and  the
 50    proceeds of such sale, after deducting the expense of the sale and transporta-
 51    tion  or other charges incurred in getting said logs to the sale site shall go
                                                                        
                                           39
                                                                        
  1    into the state scaling fund. Such sale shall be at public auction after publi-
  2    cation of notice of time and place thereof for not less than three (3) consec-
  3    utive weeks in a the official newspaper of  general  circulation  printed  and
  4    published  in the county in which the sale is to be held. It shall be the duty
  5    of every person having custody or possession of prize logs to deliver them  to
  6    the state board of scaling practices upon demand.
                                                                        
  7        SECTION  45.  That Section 38-1017, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        38-1017.  CONTRACT FOR CLEARING -- CONTRACTOR'S BONDS. As soon as  may  be
 10    after  the organization of a stumpage district and the report of a county sur-
 11    veyor with maps have has been received by the commissioners of  said  stumpage
 12    district,  they shall proceed as soon as may be deemed expedient to let a con-
 13    tract for the stumping and clearing of said land in said  district:  provided,
 14    that  said  contract shall be let to the lowest bidder: provided further, that
 15    in case the whole or any portion of said land clearing is let to any  contrac-
 16    tor, said commissioners shall require the said contractor to give a bond equal
 17    to  the  amount  of said contract so let, with two (2) or more sureties, to be
 18    approved by the board of commissioners of said stumpage district  and  running
 19    to  said district as obligee therein, conditioned for the faithful performance
 20    of said contract: provided further, that said contractor shall pay or cause to
 21    be paid all just claims of all persons performing labor or  rendering  service
 22    in  the  stumping and clearing of said lands: provided, further, that the said
 23    contractor shall pay for all material, merchandise or provisions furnished  of
 24    any kind or character and used by said contractor in the stumping and clearing
 25    of  said lands: provided, further, that no sureties on said bond shall be lia-
 26    ble thereon unless the person performing said labor and furnishing said  mate-
 27    rial, merchandise and provisions shall, within ninety (90) days after the com-
 28    pletion  of  said  work,  file his claim, duly verified that the same is just,
 29    due, and unpaid, with the board of commissioners of  said  stumpage  district:
 30    provided, further, no contract shall be let before a notice shall be published
 31    in  a  the official newspaper in of said county, at least in two (2) issues of
 32    said paper, asking for bids for said work.
                                                                        
 33        SECTION 46.  That Section 38-1020, Idaho Code, be, and the same is  hereby
 34    amended to read as follows:
                                                                        
 35        38-1020.  PAYMENT  OF  WARRANTS -- INTEREST. All warrants issued under the
 36    provisions of this chapter shall be presented by the  holder  thereof  to  the
 37    county  treasurer,  who  shall indorse endorse thereon the day of presentation
 38    for payment, with the additional indorsement endorsement thereof, in  case  of
 39    nonpayment,  that  they  are  not paid for want of funds; and no warrant shall
 40    draw interest under the provisions of this chapter until it  is  so  presented
 41    and  indorsed  endorsed  by  the county treasurer. And it shall be the duty of
 42    such treasurer from time to time, when he has sufficient funds  in  his  hands
 43    for  that  purpose, to advertise in a the official newspaper of the county for
 44    the presentation to him for payment of the outstanding warrants as he  may  be
 45    able  to  pay:  provided, that thirty (30) days after the first publication of
 46    said notice of the treasurer calling in any of said outstanding warrants  said
 47    warrants shall cease to bear interest.
                                                                        
 48        SECTION  47.  That Section 38-1025, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
                                           40
                                                                        
  1        38-1025.  PAYMENT OF BONDS. It shall be the duty of the  county  treasurer
  2    of  any  county  in which there may be a stumpage district issuing bonds under
  3    the provisions of this chapter, whenever he has upon hand two thousand dollars
  4    ($2,000) of the special fund for the payment of said bonds and when said bonds
  5    shall have run for a period of five (5) years, to advertise in a the  official
  6    newspaper  of the county for the presentation to him for payment of as many of
  7    the bonds issued under the provisions of this chapter as he  is  able  to  pay
  8    with  the  funds,  to be paid in numerical order of said bonds, beginning with
  9    the bond number one (1), until all of said  bonds  are  paid:  provided,  that
 10    thirty  (30)  days after the first publication of said notice of the treasurer
 11    calling in any of said bonds, said bonds shall cease to bear interest.
                                                                        
 12        SECTION 48.  That Section 39-128, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        39-128.  APPLICABILITY  -- PROMULGATION OF RULES -- ESTABLISHMENT OF ZONES
 15    -- COMBUSTOR CHARGING COMPOSITION AND RECORDKEEPING -- REPORT TO LOCAL GOVERN-
 16    MENT -- PERMIT PROCESSING. (1.) Except as provided in subsection (2)  of  this
 17    section,  the  provisions  of  this  section  shall  apply  to  medical  waste
 18    combustors  with  a  maximum rated capacity equal to or greater than three (3)
 19    tons per day. All combustors located on one (1) or more contiguous or adjacent
 20    properties and owned or operated by the same person or  persons  under  common
 21    control  shall  be  considered  in determining the maximum rated capacity of a
 22    combustor.
 23        (2.)  The department is hereby directed to develop and  propose,  and  the
 24    board is hereby directed to adopt, rules and regulations controlling emissions
 25    of  air  contaminants  from all medical waste combustors, and implementing the
 26    provisions of this section except the provisions of subsections (8) and (9) of
 27    this section.
 28        (3.)  The following zones are hereby established:
 29        (a.)  Zone 1, consisting of the counties  of  Benewah,  Bonner,  Boundary,
 30        Clearwater, Idaho, Kootenai, Latah, Lewis, Nez Perce and Shoshone.
 31        (b.)  Zone 2, consisting of the counties of Ada, Adams, Boise, Canyon, El-
 32        more, Gem, Owyhee, Payette, Valley and Washington.
 33        (c.)  Zone  3,  consisting of the counties of Bannock, Bear Lake, Bingham,
 34        Blaine, Bonneville, Butte, Camas, Caribou, Cassia, Clark,  Custer,  Frank-
 35        lin, Fremont, Gooding, Jefferson, Jerome, Lemhi, Lincoln, Madison, Minido-
 36        ka, Oneida, Power, Teton and Twin Falls.
 37        (4.)  Any  county may petition the director to become incorporated into an
 38    adjacent zone. The director shall grant the petition provided it does not con-
 39    flict with the purposes of this act chapter, or any rule,  regulation,  permit
 40    or order issued or promulgated pursuant to this act chapter.
 41        (5.)  For  any  combustor constructed or modified after the date of enact-
 42    ment of this section, no less than seventy  per  cent  percent  (70%)  of  the
 43    weight  of the material charged into the combustor on an annual basis shall be
 44    material generated inside the zone in which the combustor is located.
 45        (6.)  An owner or operator of a combustor constructed and  operated  prior
 46    to the date of enactment of this section shall, by October 1, 1992, notify the
 47    department in writing describing the type, location and maximum rated capacity
 48    of the combustor.
 49        (7.)  Any person who owns or operates a combustor shall keep records as to
 50    the  source, weight and type of material charged, and whether the material was
 51    generated within or outside the zone in which the combustor is located.  These
 52    records  shall  be maintained for a period of not less than five (5) years and
 53    shall be made available to the department upon request.  The  requirements  of
                                                                        
                                           41
                                                                        
  1    this  subsection may be fully or partially waived by the director if the owner
  2    or operator certifies to the department that no material generated outside the
  3    zone shall be charged into the combustor.
  4        (8.)  Any person proposing to construct or modify a combustor  shall  pro-
  5    vide,  in  writing, to the local government a comprehensive report which shall
  6    include:
  7        (a.)  An overall description of the project;
  8        (b.)  The amount, type and disposal method of all solid waste produced;
  9        (c.)  The amount and content of any liquid to be discharged into the sewer
 10        system, applied to the land, or discharged into an impoundment or pond;
 11        (d.)  The amount, type and control of air emissions;
 12        (e.)  The effect of the facility on vehicular traffic;
 13        (f.)  The amount of noise produced by the facility;
 14        (g.)  The extent and control of odors from the facility; and
 15        (h.)  Any additional information requested, in writing, by the local  gov-
 16        ernment  pertaining to the effect of the proposed facility upon the commu-
 17        nity or local resources.
 18        (9.)  The local government shall conduct at least one (1)  public  hearing
 19    regarding any proposal to construct or modify a combustor within the jurisdic-
 20    tion  of the local government at which interested persons shall have an oppor-
 21    tunity to be heard. At least fifteen (15) days prior to the hearing, notice of
 22    the time and place of the hearing, a brief summary of the  proposal,  and  the
 23    location  of the comprehensive report required by the provisions of subsection
 24    (8) of this section, shall be published in a the official newspaper of general
 25    circulation within the jurisdiction of the local government. The local govern-
 26    ment shall, after hearing, notify in writing the person proposing to construct
 27    or modify the combustor that the proposal conforms  or  does  not  conform  to
 28    applicable planning and zoning ordinances. Reasonable conditions may be placed
 29    on  any  approval  so  as  to  ensure that construction or modification of the
 30    combustor is in conformance with local planning and zoning ordinances and that
 31    all necessary local, state and federal permits are obtained.
 32        (10.) Any person applying to the department for a permit to  construct  or
 33    modify  a combustor shall submit, as part of the application, the notification
 34    required in subsection (8) of this section indicating that the  proposal  con-
 35    forms,  or  conforms  with conditions, to local government planning and zoning
 36    ordinances. Any application received by the department which does not  include
 37    such a notification of approval or conditional approval shall be incomplete.
 38        (11.) The  director  shall  have  authority  to sue in competent courts to
 39    enjoin any threatened or continuing violation of the provisions of  this  sec-
 40    tion, or any rule, regulation, permit or order issued or promulgated to imple-
 41    ment  the  provisions of this section. The court shall grant injunctive relief
 42    upon a showing that a violation of the provisions of this section or any rule,
 43    regulation, permit or order implementing the provisions of  this  section  has
 44    occurred and is reasonably likely to continue.
 45        (12.) The  director  shall have the authority to declare that an emergency
 46    exists and that a combustor may receive a waiver to combust material generated
 47    outside the zone in which the combustor is located in  excess  of  the  amount
 48    specified  in subsection (5) of this section, provided the director finds that
 49    such an action is necessary to protect human health and the  environment.  The
 50    waiver  shall  not  extend  beyond six (6) months for any single combustor and
 51    eighteen (18) months in total duration.
 52        (13.) For purposes of this section only:
 53        (a.)  The term "combustor" means a medical waste combustor as  defined  in
 54        section 39-103, Idaho Code.
 55        (b.)  The  term  "local government" means the city government for the city
                                                                        
                                           42
                                                                        
  1        in which the combustor is to be located or, if  the  combustor  is  to  be
  2        located  outside the limits of an incorporated city, the county government
  3        for the county in which the combustor is to be located.
                                                                        
  4        SECTION 49.  That Section 39-423, Idaho Code, be, and the same  is  hereby
  5    amended to read as follows:
                                                                        
  6        39-423.  BUDGET  COMMITTEE  OF PUBLIC HEALTH DISTRICT. The chairmen of the
  7    boards of county commissioners located within the public health  district  are
  8    hereby constituted as the budget committee of the public health district.
  9        The district board will submit to the budget committee by the first Monday
 10    in June of each year the preliminary budget for the public health district and
 11    the  estimated cost to each county, as determined by the provisions of section
 12    39-424, Idaho Code.
 13        On or before the first Monday in July, there will be held at  a  time  and
 14    place determined by the budget committee a budget committee meeting and public
 15    hearing upon the proposed budget of the district. Notice of the budget commit-
 16    tee  meeting  and  public  hearing shall be posted at least ten (10) full days
 17    prior to the date of said meeting in at least one  (1)  conspicuous  place  in
 18    each  public health district to be determined by the district board of health.
 19    A copy of such notice shall also be published in the official newspaper  or  a
 20    generally  circulated newspaper of each county of such public health district,
 21    in one (1) issue thereof, during such ten (10) day period. The place, hour and
 22    day of such hearing shall be specified in said notice, as well  as  the  place
 23    where  such  budget  may  be examined prior to such hearing. A summary of such
 24    proposed budget shall be published with and as a part of  the  publication  of
 25    such  notice of hearing in substantially the form required by section 31-1604,
 26    Idaho Code.
 27        On or before the first Monday in July a budget for the public health  dis-
 28    trict shall be agreed upon and approved by a majority of the budget committee.
 29    Such  determination shall be binding upon all counties within the district and
 30    the district itself.
                                                                        
 31        SECTION 50.  That Section 39-1319, Idaho Code, be, and the same is  hereby
 32    amended to read as follows:
                                                                        
 33        39-1319.  DEFINITIONS.  A  "hospital  district"  is one to furnish general
 34    hospital services, and together with such hospital services, nursing home ser-
 35    vices, or medical clinic services to the general public  and  all  other  such
 36    services  as  may be necessary for the care of the injured, maimed, sick, dis-
 37    abled, convalescent or long-term care patients. As used  in  sections  39-1318
 38    through  39-1357, Idaho Code, "medical clinic" means a place devoted primarily
 39    to the maintenance and operation of facilities for outpatient medical,  surgi-
 40    cal and emergency care of acute and chronic conditions or injury.
 41        The  word  "board"  as  used in this act sections 39-1318 through 39-1357,
 42    Idaho Code, shall mean the board of trustees of  the  district.  A  "qualified
 43    elector"  of  a district within the meaning of and entitled to vote under this
 44    act sections 39-1318 through 39-1357, Idaho Code, is  a  person  qualified  to
 45    vote at general elections in this state, and who has been a bona fide resident
 46    of  the  district  for  at least thirty (30) days prior to any election in the
 47    district. A "taxpayer" within the meaning of and as used in this act  sections
 48    39-1318  through  39-1357, Idaho Code, is a person or the husband or wife of a
 49    person whose name appears on the tax rolls of the county and is there assessed
 50    with unexempted real or personal property owned and subject to taxation within
 51    the boundaries of the district.
                                                                        
                                           43
                                                                        
  1        Whenever the term "publication" is  used  in  this  act  sections  39-1318
  2    through  39-1357,  Idaho  Code,  and no manner specified therefor, it shall be
  3    taken to mean once a week for three (3) consecutive weeks in at least one  (1)
  4    the official newspaper of general circulation in the district. It shall not be
  5    necessary  that publication be made on the same day of the week in each of the
  6    three (3) weeks, but not less than fourteen (14) days (excluding the first day
  7    of publication), shall intervene between the first publication  and  the  last
  8    publication, and publication shall be complete on the day of the last publica-
  9    tion.
                                                                        
 10        SECTION  51.  That Section 39-1322, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        39-1322.  NOTICE OF TIME OF HEARING ON PETITION -- ORDER FIXING BOUNDARIES
 13    -- APPEAL. When such petition is presented to the board of county  commission-
 14    ers  and  filed in the office of the clerk of such board, the said board shall
 15    set a time for a hearing upon such petition which shall not be less than  four
 16    (4)  nor  more than six (6) weeks from the date of the presentation and filing
 17    of such petition. A notice of time of such hearing shall be published by  said
 18    board  once  each week for three (3) successive weeks previous to the time set
 19    for such hearing in a the official newspaper published within of the county in
 20    which said district is situated. Said notice shall state that a hospital  dis-
 21    trict  is  proposed to be organized giving the proposed boundaries thereof and
 22    that any taxpayer within the proposed boundaries of such proposed district may
 23    on the date fixed for such hearing appear and offer any objection to the orga-
 24    nization of such district, the proposed boundaries thereof or the including or
 25    excluding of any real property, therein or therefrom. After hearing  and  con-
 26    sidering any and all objections, if any such be interposed, the county commis-
 27    sioners  shall thereupon make an order, either denying such petition or grant-
 28    ing the same, with or without modification,  and  shall  accordingly  fix  the
 29    boundaries  of such proposed district in any order granting such petition. The
 30    boundaries so fixed shall be the boundaries of said district after its organi-
 31    zation be completed as provided in this act sections 39-1318 through  39-1357,
 32    Idaho  Code,  and  a  map showing the boundaries of such proposed district, as
 33    finally fixed and determined by the board of county  commissioners,  shall  be
 34    prepared  and  filed  in  the  office  of  the clerk of said board. Any person
 35    aggrieved by said order, or any taxpayer within  said  proposed  district  may
 36    take  an  appeal from said order establishing the boundaries of said district,
 37    in the manner provided by sections 31-1509,  31-1510,  31-1511,  and  31-1512,
 38    Idaho Code, on questions of both law and fact.
                                                                        
 39        SECTION  52.  That Section 39-1323, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        39-1323.  ELECTION IN PROPOSED DISTRICT --  NOTICE  --  QUALIFICATIONS  OF
 42    VOTERS.  Such petition may be filed with the clerk of the board of county com-
 43    missioners at any time, and on such filing and after the county  commissioners
 44    have  made  an order finally fixing and determining the boundaries of the pro-
 45    posed district, and have made and entered an order calling an election  to  be
 46    held,  subject  to  the provisions of section 34-106, Idaho Code, in said dis-
 47    trict, said clerk shall cause to be published a notice of an  election  to  be
 48    held  in  such proposed district for the purpose of determining whether or not
 49    the same shall be organized under the provisions of this act sections  39-1318
 50    through  39-1357,  Idaho  Code.  Provided, however, if an appeal is taken from
 51    such order establishing the boundaries, such election shall not be held  until
                                                                        
                                           44
                                                                        
  1    after  the determination of such appeal. Such notice shall plainly and clearly
  2    designate the boundaries in or the boundaries of  said  districts,  and  shall
  3    state the name of the proposed districts as designated in the petition.
  4        Such  notice  shall be published once not less than twelve (12) days prior
  5    to the election, and a second time not less than five (5) days prior  to  such
  6    election  in a the official newspaper published within of the county as afore-
  7    said. At such election the voters shall vote for or against  the  organization
  8    of  the  district.  No  person  shall be entitled to vote at any election held
  9    under the provisions of this chapter sections 39-1318 through  39-1357,  Idaho
 10    Code,  unless he or she shall possess all the qualifications required of elec-
 11    tors under the general laws of the state and be a  resident  of  the  proposed
 12    district.
                                                                        
 13        SECTION  53.  That Section 39-1328, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        39-1328.  ORGANIZATION OF BOARD -- SEAL -- DUTIES OF TREASURER --  COMPEN-
 16    SATION  OF MEMBERS -- FINANCIAL STATEMENT. After taking oath and filing bonds,
 17    the board shall choose one (1) of its members as chairman  of  the  board  and
 18    president  of  the  district, and shall elect a secretary and treasurer of the
 19    board and of the district who may or may not be members of the board. The sec-
 20    retary and treasurer may be one (1) person. Such board shall adopt a seal  and
 21    the secretary shall keep in a well bound book a record of all its proceedings,
 22    minutes of all meetings, certificates, contracts, bonds given by employees and
 23    all  corporate  acts  which  shall be open to inspection by all owners of real
 24    property in the district as well as to all other interested parties.
 25        The treasurer shall keep  strict  and  accurate  accounts  of  all  moneys
 26    received  by  and  disbursed  for  and  on behalf of the district in permanent
 27    records. He shall file with the board of trustees  of  the  district,  at  the
 28    expense of the district, a corporate fidelity bond in an amount to be fixed by
 29    the  board  of  trustees,  in  any  case  not  less  than ten thousand dollars
 30    ($10,000), conditioned on the  faithful  performance  of  the  duties  of  his
 31    office.
 32        Each  member  of the board may receive as compensation for his services, a
 33    sum not in excess of six hundred dollars ($600) per  annum,  payable  monthly.
 34    Such annual sum shall be fixed by the board, by resolution adopted by majority
 35    vote,  at  a regular monthly meeting in advance of the fiscal year in which it
 36    is to become effective.  In addition, each member of the board  shall  receive
 37    the amount of his actual and necessary expenses incurred in the performance of
 38    his  official  duties as authorized by the board of trustees. No member of the
 39    board shall receive any compensation as an employee of the district or  other-
 40    wise,  other  than  that  herein provided, and no member of the board shall be
 41    interested in any contract or transaction with  the  district  except  in  his
 42    official representative capacity.
 43        It shall be the duty of the board of trustees to cause an audit to be made
 44    of  all  financial affairs of the district during each fiscal year which audit
 45    shall be made within one hundred twenty (120) days following the  end  of  the
 46    fiscal  year.  A  financial  statement shall be certified by the person making
 47    such audit, which shall be published in the official newspaper of general cir-
 48    culation in the district in one (1) issue  not more than thirty (30) days fol-
 49    lowing the audit; such audit shall be made by registered accountant or  certi-
 50    fied public accountant, who is not otherwise employed by the district.
 51        The  court  having  jurisdiction  of  the district shall have the power to
 52    remove directors for cause shown on petition, notice and hearing.
                                                                        
                                           45
                                                                        
  1        SECTION 54.  That Section 39-1340, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        39-1340.  NOTICES OF ELECTION ON PROPOSED INDEBTEDNESS. When such election
  4    is  ordered  to  be  held,  subject to the provisions of section 34-106, Idaho
  5    Code, the board shall give notice by publication once  not  less  than  twelve
  6    (12)  days prior to the election and a second time not less than five (5) days
  7    prior to the election published in one (1) or  more  the  official  newspapers
  8    within  of  the  district,  if  a newspaper is published therein. Said notices
  9    shall recite the action of the board in deciding to  bond  the  district,  the
 10    purpose  thereof  and the amount of the bonds supposed to be issued, the esti-
 11    mated costs of the works or improvements as the case may  be,  the  amount  of
 12    principal of the indebtedness to be incurred therefor, and the maximum rate of
 13    interest  to  be paid on such indebtedness, and shall also specify the date of
 14    the election, the time during which the polls shall  be  open.  Notices  shall
 15    also name the place holding the election.
                                                                        
 16        SECTION  55.  That Section 39-2802, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        39-2802.  PROCEDURES FOR FORMATION OF ABATEMENT DISTRICTS. Upon  presenta-
 19    tion  to the board of county commissioners of a petition requesting the forma-
 20    tion of an abatement district, which is signed by qualified resident  property
 21    owners  of the territory of the proposed abatement district, equal to not less
 22    than ten percent (10%) of the resident property owners that voted in the  last
 23    general  election, the commissioners shall publish such petition when the fol-
 24    lowing conditions are met: the petition must define the boundaries of the pro-
 25    posed district and assessed tax valuation of the property  therein.  When  the
 26    above  conditions  have  been  met  the county commissioners shall publish the
 27    petition, and if after thirty (30) days no protests are received, an  election
 28    must  be  held  at  the next date specified in section 34-106, Idaho Code. The
 29    petitioners shall bear the expense of holding the election. If there are writ-
 30    ten protests, the county commissioners  must  hold  a  public  hearing  within
 31    thirty  (30)  days after receipt of the written protests and after the hearing
 32    hold an election. Notice of the time and place of such election shall be  pub-
 33    lished  at least once not less than twelve (12) days prior to the election and
 34    a second time not less than five (5) days prior to the election  in  at  least
 35    one  (1)  the official newspaper having general circulation in of the proposed
 36    abatement district. Only qualified electors who own land within the  district,
 37    or  the  proposed  district, and are residents of the county in which the dis-
 38    trict, or a portion thereof, is located, or are  spouses  of  such  landowners
 39    residing in such county, may vote on the formation of the district. A majority
 40    of the votes cast will establish the district.
                                                                        
 41        SECTION  56.  That Section 39-2810, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
 43        39-2810.  WITHDRAWAL. Any portion of a mosquito abatement  district  which
 44    will  not  be  reasonably  benefited  by remaining within such district may be
 45    withdrawn as in this section provided. Upon receiving  a  petition  signed  by
 46    fifty  (50) or more landowners within the portion desired to be withdrawn from
 47    any mosquito abatement district, or by a majority of such landowners, if there
 48    are less than one hundred (100) landowners within the  portion  sought  to  be
 49    withdrawn,  requesting the withdrawal of such portion from the district on the
 50    ground that such portion will not be reasonably benefited by remaining in said
                                                                        
                                           46
                                                                        
  1    district, the board of county commissioners shall fix a time  for  hearing  on
  2    such  petition  and  for  hearing protests to the continuance of the remaining
  3    territory as a mosquito abatement district. The hearing shall not be less than
  4    ten (10) days nor more than thirty (30) days after the  receipt  thereof.  The
  5    board  shall, at least one (1) week prior to the time so fixed, publish notice
  6    of such hearing by one (1) publication in a the official newspaper of  general
  7    circulation  in the district, which the board deems most likely to give notice
  8    to the inhabitants thereof, of the proposed withdrawal.
                                                                        
  9        SECTION 57.  That Section 39-5806, Idaho Code, be, and the same is  hereby
 10    amended to read as follows:
                                                                        
 11        39-5806.  STATE  HAZARDOUS  WASTE SITING MANAGEMENT PLAN -- PREPARATION --
 12    INCLUSIONS -- STUDIES -- PUBLIC HEARINGS -- SUMMARY -- AMENDMENTS -- RECOMMEN-
 13    DATION. (1) Not later than January 1, 1987,  the  committee  shall  prepare  a
 14    state hazardous waste siting management plan.
 15        (2)  The plan shall:
 16        (a)  Provide  for  a reasonable geographic distribution of hazardous waste
 17        treatment, storage, or disposal facilities to meet existing  and  probable
 18        future needs.
 19        (b)  Be based upon location of generators, health and safety, economics of
 20        transporting, types of waste and existing hazardous waste treatment, stor-
 21        age, or disposal facilities.
 22        (c)  Include  necessary  legislative,  administrative  and economic mecha-
 23        nisms, a timetable to carry out the plan.
 24        (3)  The committee may instruct the department of  environmental  quality,
 25    the  department  of  water resources and the transportation department to com-
 26    plete studies as considered reasonably necessary for  the  completion  of  the
 27    plan. The studies may include:
 28        (a)  An inventory and evaluation of the sources of hazardous waste genera-
 29        tion within this state or from other states, including the types and quan-
 30        tities of the hazardous waste.
 31        (b)  An  inventory  and  evaluation  of current hazardous waste management
 32        practices and costs, including treatment and disposal, within this state.
 33        (c)  A projection or determination of future  hazardous  waste  management
 34        needs based on an evaluation of existing capacities, treatment or disposal
 35        capabilities, manufacturing activity, limitations and constraints. Projec-
 36        tion of needs shall consider the types and sizes of hazardous waste treat-
 37        ment, storage, or disposal facilities, general locations within the state,
 38        management  control  systems,  and  an identified need for additional pri-
 39        vately owned or state owned treatment, storage, or disposal facilities.
 40        (d)  An investigation and analysis of methods and incentives to  encourage
 41        interstate  and  international  cooperation in the management of hazardous
 42        waste.
 43        (e)  An investigation and analysis of methods, incentives or  technologies
 44        for source reduction, reuse, recycling, or recovery of potentially hazard-
 45        ous  waste  and a strategy for encouraging the utilization or reduction of
 46        hazardous waste.
 47        (f)  An investigation and analysis of alternate methods for treatment  and
 48        disposal of hazardous waste.
 49        (4)  Upon  completion  of  the  plan, the committee shall publish a notice
 50    after giving twenty (20) days' notice, as provided in section  60-1096,  Idaho
 51    Code,  in  a  number of the official newspapers and of the county in which the
 52    hazardous waste treatment, storage, or disposal facility is  located  or  pro-
 53    posed  to  be located and in the official newspaper of any adjoining county if
                                                                        
                                           47
                                                                        
  1    the facility is located or proposed to be located in the immediate vicinity of
  2    that county. The committee shall also issue a statewide news release  announc-
  3    ing  the  availability  of  the plan for inspection by interested persons. The
  4    announcement shall indicate where and how the plan may be obtained or reviewed
  5    and shall indicate that not less than three (3) public hearings shall be  con-
  6    ducted  at  varying  locations  in the state before formal adoption. The first
  7    public hearing shall not be held until sixty (60) days have elapsed  from  the
  8    date of the notice announcing the availability of the plan.
  9        (5)  After  public hearings, the committee shall prepare a written summary
 10    of the comments received, provide comments on the major concerns raised,  make
 11    amendments  to  the  plan  as necessary and shall formally adopt the plan, and
 12    shall submit the plan to the legislature at the first regular session  of  the
 13    legislature following adoption of the plan.
                                                                        
 14        SECTION  58.  That Section 39-5814, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        39-5814.  DUTIES OF DIRECTOR UPON RECEIPT OF A SITING LICENSE  APPLICATION
 17    --  RECOMMENDATION. (1) Upon receipt of a complete siting license application,
 18    the director or an authorized representative of the director shall:
 19        (a)  Immediately notify the  permanent  panel  members,  the  city  and/or
 20        county in which the hazardous waste treatment, storage, or disposal facil-
 21        ity  is  located  or  proposed  to be located, the state fire marshal, the
 22        director of the department of fish and game, the  director  of  the  Idaho
 23        state  police,  and each division within the department that has responsi-
 24        bility in land, air or water management, and other  appropriate  agencies.
 25        The notice shall describe the procedure and the schedule based on the com-
 26        plexity  of the application by which the siting license may be approved or
 27        denied.
 28        (b)  Immediately publish a notice that the application has been  received,
 29        as  provided  in section 60-1096, Idaho Code, in a the official  newspaper
 30        having major circulation in of the county and the  immediate  vicinity  of
 31        the  proposed in which the hazardous waste treatment, storage, or disposal
 32        facility is located or proposed to be located and in  the  official  news-
 33        paper of any adjoining county if the facility is located or proposed to be
 34        located  in  the immediate vicinity of that county. The required published
 35        notice shall contain a map indicating the location of the proposed hazard-
 36        ous waste treatment, storage, or disposal facility  and  shall  contain  a
 37        description  of  the  proposed  action and the location where the complete
 38        application package may be reviewed and where copies may be obtained.  The
 39        notice  shall  describe  the  procedure by which the siting license may be
 40        granted.
 41        (2)  Upon notification by the director,  the  chairman  shall  immediately
 42    notify  the  representatives of the state to the panel and the public members.
 43    The chairman shall also notify  the  applicable  county  and  city  for  their
 44    appointment  of  members  as  provided   in subsection (3) of section 39-5812,
 45    Idaho Code. Within thirty (30) days after the notification, the board of  com-
 46    missioners  of  the  county  and  the city council shall select the members to
 47    serve on the panel. The panel shall be created at that time  and  notification
 48    of the creation of the panel shall be made to the chairman.
 49        (3)  If  technical  criteria are not applicable, the director shall submit
 50    to the panel a draft site license  which  includes  conditions  based  on  the
 51    information submitted in the application. The director shall also recommend to
 52    the  panel  that  the license be issued or denied. The draft license submittal
 53    shall be made within sixty-five (65) days  after  a  complete  application  is
                                                                        
                                           48
                                                                        
  1    received.
  2        (4)  If  technical  criteria  as adopted in the hazardous waste management
  3    plan are applicable, the director shall determine  if  the  proposed  facility
  4    complies with the criteria. Such determination shall be made within forty-five
  5    (45)  days after a complete application is received. If the technical criteria
  6    are not met, the director shall deny the license and the panel shall  be  dis-
  7    banded.  If  the  technical criteria are met, the director shall submit to the
  8    panel a draft site license which includes conditions regarding  the  technical
  9    criteria  to  be met. These conditions may be more stringent than those in the
 10    plan if warranted by  information  provided  in  the  application.  The  draft
 11    license  may  also include additional conditions based on the information sub-
 12    mitted in the application regarding the  construction  of  the  facility.  The
 13    director  shall  also  recommend  to  the  panel that the license be issued or
 14    denied. The denial or draft license submittal shall be made within  sixty-five
 15    (65) days after a complete application is received. The director shall immedi-
 16    ately  notify  the  applicant  and  the chairman of the panel of the denial or
 17    draft license submittal.
 18        (5)  Within ten (10) days after submittal of a draft  license,  the  panel
 19    shall  meet  to  review and establish a timetable for the consideration of the
 20    draft site license.
 21        (6)  The panel shall:
 22        (a)  At its first meeting, sSet a date  and  arrange  for  publication  of
 23        notice  of a public hearing, as provided in section 60-106, Idaho Code, in
 24        a the official newspaper having major circulation in the vicinity  of  the
 25        proposed  site,  at its first meeting of the county in which the hazardous
 26        waste treatment, storage, or disposal facility is located or  proposed  to
 27        be  located  and  in the official newspaper of any adjoining county if the
 28        facility is located or proposed to be located in the immediate vicinity of
 29        that county. The public notice shall:
 30             (i)   Contain a map indicating the location of the proposed hazardous
 31             waste treatment, storage, or disposal facility, a description of  the
 32             proposed  action, and the location where the application for a siting
 33             license may be reviewed and where copies may be obtained;
 34             (ii)  Identify the time, place and location for  the  public  hearing
 35             held  to  receive  public  comment and input on the application for a
 36             siting license;
 37        (b)  Publish the notice not less than thirty (30) days before the date  of
 38        the  public  hearing  and the notice shall be, at a minimum, a twenty (20)
 39        days' notice as provided in section 60-109, Idaho Code.
 40        (7)  Comment and input on the proposed hazardous waste treatment, storage,
 41    or disposal facility may be presented orally or in writing at the public hear-
 42    ing, and shall continue to be accepted in writing by  the  panel  for  fifteen
 43    (15) days after the public hearing date.
 44        (8)  The panel shall consider, among other things:
 45        (a)  The  risk and impact of accident during the transportation of hazard-
 46        ous waste;
 47        (b)  The risk of fires or explosions from improper treatment, storage,  or
 48        disposal methods;
 49        (c)  The  impact on local units of government where the proposed hazardous
 50        waste treatment, storage, or disposal facility is to be located  in  terms
 51        of  health,  safety, cost and consistency with local planning and existing
 52        development. The panel shall also consider  city  and  county  ordinances,
 53        permits or other requirements and their potential relationship to the pro-
 54        posed hazardous waste treatment, storage, or disposal facility;
 55        (d)  The nature of the probable environmental impact.
                                                                        
                                           49
                                                                        
  1        (9)  The  panel's primary responsibility shall be to consider the concerns
  2    and objections submitted by the public. The panel shall facilitate efforts  to
  3    provide that the concerns and objections are mitigated by proposing additional
  4    conditions  regarding  the construction of the facility. The panel may propose
  5    conditions which integrate the provisions of the city  or  county  ordinances,
  6    permits or requirements.
  7        (10) Within  ninety (90) days after creation, the panel shall recommend to
  8    the director that the license be issued as proposed, issued with different  or
  9    additional  conditions,  or  denied.  The director shall make a final decision
 10    within thirty (30) days after receipt of the panel's  recommendation.  If  the
 11    panel  recommends different or additional conditions, a clear statement of the
 12    need for the condition must be submitted to the director. If the panel  recom-
 13    mends  denial, a clear statement of the reasons for the denial must be submit-
 14    ted to the director.
 15        (11) The director shall issue a siting license if the director  determines
 16    that:
 17        (a)  The technical criteria are met;
 18        (b)  The  harm to scenic, historic, cultural or recreational values is not
 19        substantial or can be mitigated by appropriate license conditions;
 20        (c)  The risk and impact of accident during  transportation  of  hazardous
 21        waste is not substantial or can be mitigated with appropriate license con-
 22        ditions;
 23        (d)  The  impact  on  local  government  is  not adverse regarding health,
 24        safety, cost and consistency with local planning and existing  development
 25        or can be mitigated with appropriate license conditions; and
 26        (e)  No  other major concerns have been raised by the panel regarding pub-
 27        lic health or the environment which cannot be mitigated by special license
 28        conditions.
 29        (12) An applicant denied a siting license pursuant to this chapter or  any
 30    person  aggrieved  by  a decision of the director pursuant to this chapter may
 31    within twenty-eight (28) days, after all remedies have  been  exhausted  under
 32    the provisions of this chapter, seek judicial review under the procedures pro-
 33    vided in chapter 52, title 67, Idaho Code.
 34        (13) No  permit  pursuant  to section 39-4409, Idaho Code, shall be issued
 35    unless the applicant has been issued a site license.
                                                                        
 36        SECTION 59.  That Section 39-7408, Idaho Code, be, and the same is  hereby
 37    amended to read as follows:
                                                                        
 38        39-7408.  SITE CERTIFICATION PROCEDURE. (1) It shall be the responsibility
 39    of  each  applicant  to  obtain site certification from the director. The site
 40    certification process is hereby established to ascertain compliance  with  the
 41    requirements of section 39-7407, Idaho Code.
 42        (2)  The site certification procedure shall be administered in the follow-
 43    ing manner:
 44        (a)  Prior  to  submittal  of the application, the applicant may conduct a
 45        site tour for the director, health district and all other public  agencies
 46        with  jurisdiction to familiarize the agencies with characteristics of the
 47        site and site surroundings.
 48        (b)  The applicant may then submit an application  to  the  director.  The
 49        application  shall  address  each  of  the  criteria  set forth in section
 50        39-7407, Idaho Code, explaining the technical findings regarding each.
 51        (c)  Wherever technical evaluation of relevant information is required,  a
 52        qualified  professional, as appropriate, shall certify compliance with the
 53        requisite criteria.
                                                                        
                                           50
                                                                        
  1        (d)  When the application is submitted  to  the  director,  the  applicant
  2        shall publish legal notice of submittal of the application, as provided in
  3        section  60-106,  Idaho  Code,  in the official newspaper published in the
  4        county as determined by the criteria in section 31-819, Idaho Code, and of
  5        the county in which the MSWLF is located or proposed to be located and  in
  6        the  official newspaper of any adjoining county if the MSWLF is located or
  7        proposed to be located in the  immediate  vicinity  of  that  county.  The
  8        applicant  shall  make the application available for public inspection and
  9        copying. The date of publication of such notice shall begin a twenty-eight
 10        (28) day comment period  during  which  written  comments  concerning  the
 11        application may be submitted to the director.
 12        (e)  The  director  shall  act upon the application within twenty-one (21)
 13        days of the end of the comment period set forth above and  shall  enter  a
 14        decision  either  certifying  the  site  or rejecting the application. The
 15        director shall review the site certification application, not contravening
 16        the opinion of the applicant's qualified professional(s) without  reliable
 17        empirical evidence that the affirmations in the application are erroneous.
 18        Upon  finding  that the criteria of section 39-7407, Idaho Code, have been
 19        affirmed by qualified professionals, the director shall certify the  site.
 20        Any  rejection of a site certification application shall be accompanied by
 21        findings in writing expressly stating the  criteria  insufficiently  docu-
 22        mented  and/or violated and the evidence relied upon in making such deter-
 23        mination. Failure of the director to act within twenty-one (21) days shall
 24        constitute site certification. An applicant shall be provided an  opportu-
 25        nity to appeal any denial of certification.
 26        (f)  Site certification is transferable with ownership of the site.
 27        (g)  Within  ten  (10)  working  days of receipt of certification from the
 28        director, the applicant shall publish notice in the official newspaper  as
 29        provided  for in subsection (d) of this section, informing the public that
 30        certification of the site has been approved.
                                                                        
 31        SECTION 60.  That Section 39-7408D, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        39-7408D.  DUTIES OF THE DIRECTOR RELATIVE  TO  SITING  APPLICATIONS.  (1)
 34    Upon  receipt  of  a  complete  siting license application, the director or an
 35    authorized representative of the director shall:
 36        (a)  Notify the permanent panel members, the city and/or county  in  which
 37        the  commercial solid waste facility is located or proposed to be located,
 38        the director of the department of fish and game, the director of the Idaho
 39        state police, and other state agencies as deemed appropriate by the direc-
 40        tor.
 41        (b)  Publish a notice that the application has been received, as  provided
 42        in  section  60-1096, Idaho Code, in a the official newspaper having major
 43        circulation in of the county and the immediate vicinity of the proposed in
 44        which the commercial solid waste facility is located  or  proposed  to  be
 45        located  and  in  the  official  newspaper  of any adjoining county if the
 46        facility is located or proposed to be located in the immediate vicinity of
 47        that county. The notice shall contain a map indicating the location of the
 48        proposed commercial solid waste facility, a description  of  the  proposed
 49        action  and the location where the application may be reviewed. The notice
 50        shall describe the procedure by which the siting license may be granted.
 51        (2)  Upon notification by the director,  the  chairman  shall  immediately
 52    notify  the  representatives of the state to the panel and the public members.
 53    The chairman shall also notify  the  applicable  county  and  city  for  their
                                                                        
                                           51
                                                                        
  1    appointment  of  members  as  provided  in subsection (2) of section 39-7408B,
  2    Idaho Code. Within thirty (30) days after the notification, the board of  com-
  3    missioners  of  the  county  and  the city council shall select the members to
  4    serve on the panel. The panel shall be created at that time  and  notification
  5    of the creation of the panel shall be made to the chairman.
  6        (3)  Within thirty (30) days after appointment of panel members, the panel
  7    shall  meet  to  review and establish a timetable for the consideration of the
  8    draft site license.
  9        (4)  The panel shall:
 10        (a)  At its first meeting, sSet a date  and  arrange  for  publication  of
 11        notice  of a public hearing, as provided in section 60-106, Idaho Code, in
 12        a the official newspaper having major circulation in the vicinity  of  the
 13        proposed  site, at its first meeting of the county in which the commercial
 14        solid waste facility is located or proposed to be located and in the offi-
 15        cial newspaper of any adjoining county if the facility is located or  pro-
 16        posed  to  be located in the immediate vicinity of that county. The public
 17        notice shall:
 18             (i)  Contain a map indicating the location of the proposed commercial
 19             solid waste facility, a description of the proposed action,  and  the
 20             location  where  the application for a siting license may be reviewed
 21             and where copies may be obtained;
 22             (ii) Identify the time, place and location  for  the  public  hearing
 23             held  to  receive  public  comment and input on the application for a
 24             siting license;
 25        (b)  Publish the notice not less than thirty (30) days before the date  of
 26        the  public  hearing  and the notice shall be, at a minimum, a twenty (20)
 27        days' notice as provided in section 60-109, Idaho Code.
 28        (5)  Comment and input on the proposed commercial solid waste facility may
 29    be presented orally or in writing at the public hearing, and shall continue to
 30    be accepted in writing by the panel for thirty  (30)  days  after  the  public
 31    hearing  date. The public hearing shall be held in the same county as the pro-
 32    posed site. If the proposed site is adjacent to a city or populated area in  a
 33    neighboring county, it is recommended that public hearings also be held in the
 34    neighboring county.
 35        (6)  The panel shall consider, but not be limited to, the following:
 36        (a)  The  risk  of the spread of disease or impact upon public health from
 37        improper treatment, storage, or incineration methods;
 38        (b)  The impact on local units of government where the proposed commercial
 39        solid waste facility is to be located in terms of health, safety, cost and
 40        consistency with local planning and existing development. The panel  shall
 41        also  consider  city  and county ordinances, permits or other requirements
 42        and their potential relationship to the proposed  commercial  solid  waste
 43        facility;
 44        (c)  The nature of the probable environmental and public health impact;
 45        (d)  The  financial  capability of the applicant to construct, operate and
 46        close the commercial solid waste facility.
 47        (7)  The panel shall consider the concerns and objections submitted by the
 48    public. The panel shall facilitate efforts to provide that  the  concerns  and
 49    objections are mitigated by proposing additional conditions regarding the con-
 50    struction of the commercial solid waste facility. The panel may propose condi-
 51    tions which integrate the provisions of the city or county ordinances, permits
 52    or requirements.
 53        (8)  Within  one hundred eighty (180) days after creation, the panel shall
 54    recommend to the director that the license be issued, issued with  conditions,
 55    or rejected. The director shall act on a license application within sixty (60)
                                                                        
                                           52
                                                                        
  1    days after receipt of the panel's recommendation. If the panel recommends con-
  2    ditions, a clear statement of the need for a condition must  be  submitted  to
  3    the director. If the panel recommends rejection, a clear statement of the rea-
  4    sons for the denial must be submitted to the director.
  5        (9)  The  director  shall  issue, issue with conditions or reject a siting
  6    license only as recommended by the siting panel. The director may reconvene  a
  7    siting  panel and request reconsideration of its original recommendation prior
  8    to the director's final action.
  9        (10) An applicant or any person aggrieved by a decision  of  the  director
 10    pursuant  to  this  chapter may within sixty (60) days of the director's deci-
 11    sion, and, after all remedies have been exhausted under the provisions of this
 12    chapter, seek judicial review under the procedures  provided  in  chapter  52,
 13    title 67, Idaho Code, and may also seek de novo judicial review.
                                                                        
 14        SECTION  61.  That Section 39-7411, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        39-7411.  DESIGN REVIEW PROCEDURE. (1) Design of a MSWLF unit shall not be
 17    reviewed until site certification has been obtained. After obtaining site cer-
 18    tification, an applicant shall produce design plans and  specifications  which
 19    comply  with  the  design standards set forth in sections 39-7409 and 39-7410,
 20    Idaho Code. The responsibility for complying with said  standards  shall  rest
 21    solely with the applicant of the site.
 22        (2)  An  applicant  may  notify  the  director of its intent to initiate a
 23    MSWLF site design and meet with the director to discuss  standards,  schedule,
 24    design process to be used and particular concerns of the director.
 25        (3)  The  applicant  shall  conduct aerial and cadastral surveys, relevant
 26    studies, and prepare a hydrogeologic report which will satisfy  standards  and
 27    other  provisions in accordance with this chapter and applicable state regula-
 28    tions rules. Specific climatic data and verification of location  restrictions
 29    shall be included.
 30        (4)  The  applicant  shall  submit  findings  and a tentative design plan,
 31    including preliminary schematic design of environmental monitoring systems  to
 32    the  director as a result of the preliminary design investigation. The submit-
 33    tal initiates a twenty-eight (28) day period for department  review  and  com-
 34    ment.  Concurrent with the submittal to the director, the applicant shall pub-
 35    lish notice, as provided in section 60-106, Idaho  Code,  in  a  the  official
 36    newspaper  of  general  circulation,  as determined by the criteria in section
 37    31-819, Idaho Code, in the county wherein in  which  the  MSWLF  would  be  is
 38    located  notifying  or proposed to be located and in the official newspaper of
 39    any adjoining county if the MSWLF is located or proposed to be located in  the
 40    immediate  vicinity  of that county. The notice shall notify the public that a
 41    preliminary design plan has been submitted to the director  and  is  available
 42    for  public  review. The date of publication initiates a twenty-eight (28) day
 43    period for department review and public comment. Written public comments  con-
 44    cerning  the  proposed design plan shall be compiled by the director. The com-
 45    piled public comments received by the director  and  those  generated  by  the
 46    director  shall  be  transmitted to the owner, and the applicant if other than
 47    the owner, no more than thirty-five (35) days after the date of publication of
 48    the notice or seven (7) days after the  end  of  the  public  comment  period,
 49    whichever is later.
 50        (5)  When a response is received from the director, the applicant may sub-
 51    mit  the facility design, ground water monitoring program, and specifications,
 52    in a final design report which addresses standards established by  this  chap-
 53    ter,  applicable  federal  regulations  and other relevant provisions of state
                                                                        
                                           53
                                                                        
  1    law. Said submittal shall include a site-specific  analysis  of  hydrogeologic
  2    conditions, location restrictions and other factors relevant to long-term site
  3    integrity, and shall address comments from the public and the director related
  4    to  objective  standards  in  the final design report. Said submittal shall be
  5    prepared by a qualified professional in a manner consistent with sound profes-
  6    sional practices. The submittal of this final design report initiates a fifty-
  7    six (56) day period for the director's review.
  8        (6)  Concurrent with  submittal  to  the  director,  the  applicant  shall
  9    release  the  final design report, including all supporting reports, plans and
 10    documentation, to the extent practicable, for public comment by placing it for
 11    inspection at every public library within the county where the proposed  MSWLF
 12    would  be located. Copies of the submittal shall be made available for posses-
 13    sion, at the cost of duplication, at a public location in the county  seat  of
 14    the county where the proposed MSWLF unit would be located. The applicant shall
 15    publish  notice,  as provided in section 60-106, Idaho Code, in a the official
 16    newspaper of general circulation, as determined by  the  criteria  in  section
 17    31-819,  Idaho  Code,  in  the  county  wherein in which the MSWLF would be is
 18    located notifying or proposed to be located and in the official  newspaper  of
 19    any  adjoining county if the MSWLF is located or proposed to be located in the
 20    immediate vicinity of that county. The notice shall notify the public  that  a
 21    final  design  report  has been submitted to the director and is available for
 22    public review. Public comments shall be submitted, in writing, to the director
 23    within twenty-eight (28) days of the date of publication.
 24        (7)  No more than fifty-six (56) days after publication of notice of  sub-
 25    mittal, or twenty-eight (28) days after the close of an advertised public com-
 26    ment  period,  whichever  is later, the director shall enter a decision either
 27    approving or disapproving the final design. The decision shall be  in  writing
 28    and shall make one (1) of the following findings:
 29        (a)  Based upon the information submitted, design complies with applicable
 30        standards.
 31        (b)  Based upon the information submitted, the design does not comply with
 32        applicable  standards,  setting  forth with specificity the material stan-
 33        dards not met or insufficiently documented.
 34        (c)  Failure to comport with professional standards.
 35        Failure of the director to respond to an applicant's request for  approval
 36    in  the  manner provided herein shall constitute approval of the request. Con-
 37    struction shall not be initiated on a  MSWLF  unit  until  approval  has  been
 38    granted,  except that construction prior to approval may be initiated prior to
 39    July 1, 1993, for a MSWLF unit which meets  the  design  standard  of  section
 40    39-7409(2)(a), Idaho Code. The applicant shall publish notice of approval in a
 41    the official newspaper of general circulation as provided in subsection (6) of
 42    this section when affirmative or defacto approval is given.
 43        (8)  Upon entering a decision of disapproval, an automatic twenty-one (21)
 44    day stay of proceedings shall occur unless waived by the applicant. During the
 45    twenty-one  (21)  day stay, the director and the applicant may meet and confer
 46    to attempt to reconcile differences. At any point during that twenty-one  (21)
 47    day  period the director and applicant can reach an accord and approval can be
 48    granted, with construction authorized at that point. The applicant can  tender
 49    a written waiver of this twenty-one (21) day reconciliation period which would
 50    initiate  the  requirement  provided for in subsection (9) of this section. At
 51    any time in the review process or  post-decision  reconciliation  process  the
 52    applicant  and  director may mutually agree to extend the timeframes contained
 53    herein and may resort to mediation, arbitration,  or  binding  arbitration  to
 54    resolve differences as they mutually see fit.
 55        (9)  If  differences are not reconciled in the period set forth in subsec-
                                                                        
                                           54
                                                                        
  1    tion (8) of this section, the director shall notify the owner that the  design
  2    remains  disapproved.  Said notice of disapproval shall incorporate the ratio-
  3    nale for disapproval contained in the original decision of disapproval, delet-
  4    ing any issues resolved in the post-decision reconciliation period.
  5        (10) Following final action by the director the applicant may file a peti-
  6    tion with the district court, with concurrent notice to the director,  in  the
  7    county  where  the  proposed  MSWLF  would  be located for expedited appellate
  8    review of the director's decision. The petition shall set forth  the  specific
  9    basis  for  the appeal and shall identify the legal and factual basis for con-
 10    testing the disapproval by the director. The director shall submit a  copy  of
 11    the entire record upon which its disapproval has been based no more than four-
 12    teen  (14)  days  after  the date the applicant's petition for review has been
 13    filed. Only information which has been  available  during  the  design  review
 14    process may be used in the judicial review process.
 15        (11) All  issues  claimed  as  a basis of appeal by the applicant shall be
 16    addressed in a memorandum filed with the petition appealing disapproval by the
 17    director. The director shall submit a reply memorandum no later than  fourteen
 18    (14) days after the applicant's petition for review has been filed.
 19        (12) Upon  the record, the applicable law, the memoranda of the respective
 20    parties, and such independent technical assistance as the court  may  find  it
 21    necessary  and appropriate to retain, the court shall evaluate the applicant's
 22    petition and the decision by the director and shall render a decision no  more
 23    than  twenty-one  (21) days after the completed record, and accompanying memo-
 24    randum, if one is filed, are submitted to the court by the director. The court
 25    shall sustain the director's disapproval action if it affirmatively finds that
 26    the record contains substantial evidence that the design does not comply  with
 27    standards  as  specified pursuant to section 39-7412(7)(b) or (c), Idaho Code.
 28    If the court finds the disapproval is not supported by substantial evidence in
 29    the record, it shall reverse the director's action and remand  the  matter  to
 30    the director with appropriate instructions.
 31        (13) The procedure set forth in subsections (10) through (12) of this sec-
 32    tion  are  effective  until January 1, 1994. On and after January 1, 1994, the
 33    applicant is entitled to judicial review pursuant to chapter 67 52,  title  52
 34    67, Idaho Code. Upon waiver or expiration of the twenty-one (21) day reconcil-
 35    iation  period,  the director and the applicant shall stipulate to accelerated
 36    judicial review pursuant to court approval where the  ordinary  review  period
 37    provided  in  chapter 67 52, title 52 67, Idaho Code, may reasonably result in
 38    substantial increased costs to the applicant, potential violations of  federal
 39    or state environmental laws or threats to the public health and environment.
                                                                        
 40        SECTION  62.  That Section 39-7910, Idaho Code, be, and the same is hereby
 41    amended to read as follows:
                                                                        
 42        39-7910.  DUTIES OF THE DIRECTOR RELATIVE TO APPLICATIONS. (1) Upon deter-
 43    mination that a siting application is complete, the director shall:
 44        (a)  Notify the permanent panel members, the city and/or county  in  which
 45        the swine facility site is located, the director of the department of fish
 46        and  game,  the  director  of the department of law enforcement, and other
 47        state agencies as deemed appropriate by the director.
 48        (b)  Publish a notice that the application has been received, as  provided
 49        in  section 60-1096, Idaho Code, in a the official newspaper  having major
 50        circulation in of the county and the immediate vicinity  of  the  site  in
 51        which  the swine facility site is located or proposed to be located and in
 52        the official newspaper of any adjoining county if the facility is  located
 53        or  proposed  to  be located in the immediate vicinity of that county. The
                                                                        
                                           55
                                                                        
  1        notice shall contain a map indicating the location of the site, a descrip-
  2        tion of the proposed action and the location where the application may  be
  3        reviewed.  The  notice  shall  describe  the procedure by which the siting
  4        approval under this chapter may be granted.
  5        (2)  Upon notification by the director,  the  chairman  shall  immediately
  6    notify  the  representatives of the state to the panel and the public members.
  7    The chairman shall also notify  the  applicable  county  and  city  for  their
  8    appointment of members as provided in subsection (2) of section 39-7908, Idaho
  9    Code. Within thirty (30) days after the notification, the board of commission-
 10    ers  of  the  county and the city council shall select the members to serve on
 11    the panel. The panel shall be created at that time  and  notification  of  the
 12    creation of the panel shall be made to the chairman.
 13        (3)  Within thirty (30) days after appointment of panel members, the panel
 14    shall  meet  to  review and establish a timetable for the consideration of the
 15    draft site approval.
 16        (4)  The panel shall:
 17        (a)  At its first meeting, sSet a date  and  arrange  for  publication  of
 18        notice  of a public hearing, as provided in section 60-106, Idaho Code, in
 19        a the official newspaper having major circulation in the vicinity  of  the
 20        proposed  site,  at  its  first  meeting  of the county in which the swine
 21        facility site is located or proposed to be located  and  in  the  official
 22        newspaper  of  any adjoining county if the facility is located or proposed
 23        to be located in the immediate vicinity of that county. The public  notice
 24        shall:
 25             (i)   Contain a map indicating the location of the site and proposed
 26             facility,  a  description  of  the  proposed action, and the location
 27             where the application for a siting approval may be reviewed and where
 28             copies may be obtained;
 29             (ii)  Identify the time, place and location for  the  public  hearing
 30             held  to  receive  public  comment and input on the application for a
 31             siting approval;
 32        (b)  Publish the notice not less than thirty (30) days before the date  of
 33        the  public  hearing  and the notice shall be, at a minimum, a twenty (20)
 34        days' notice as provided in section 60-109, Idaho Code.
 35        (5)  Comment and input on the proposed siting of the swine facility may be
 36    presented orally or in writing at the public hearing, and shall continue to be
 37    accepted in writing by the panel for thirty (30) days after the public hearing
 38    date. The public hearing shall be held in the  same  county  as  the  proposed
 39    site. If the proposed site is adjacent to a city or populated area in a neigh-
 40    boring  county,  it  is  recommended  that public hearings also be held in the
 41    neighboring county.
 42        (6)  The panel shall consider, but not be limited to, the following:
 43        (a)  The risk of the spread of disease or impact upon public  health  from
 44        improper treatment, storage or incineration methods;
 45        (b)  The  impact  on  local  units  of government where the proposed swine
 46        facility is to be located in terms of health, safety, cost and consistency
 47        with local planning and existing development;
 48        (c)  The nature of the probable environmental and public health impact;
 49        (d)  The financial capability of the applicant to construct,  operate  and
 50        close the swine facility.;
 51        (e)  Impact on adjacent property values.
 52        (7)  The panel shall consider the concerns and objections submitted by the
 53    public.  The  panel  shall facilitate efforts to provide that the concerns and
 54    objections are mitigated by proposing additional conditions regarding the con-
 55    struction of the swine facility. The panel may propose conditions which  inte-
                                                                        
                                           56
                                                                        
  1    grate  the  provisions  of  the city or county ordinances, permits or require-
  2    ments.
  3        (8)  Within one hundred eighty (180) days after creation, the panel  shall
  4    issue  an  approval  letter, approval letter with conditions, or rejection. If
  5    the panel recommends conditions, a clear statement of the need for a condition
  6    must be submitted to the director. If the panel recommends rejection, a  clear
  7    statement of the reasons for the rejection must be submitted to the director.
  8        (9)  The  director  shall  not  issue  a  permit  to  operate  under IDAPA
  9    1658.01.09, unless a site has been approved by the site review panel. Approval
 10    of a site by the panel does not require the director  to  issue  a  permit  to
 11    operate under IDAPA 1658.01.09.
                                                                        
 12        SECTION  63.  That  Section 50-227, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        50-227.  SEPARATION OF AGRICULTURAL LANDS -- NOTICE OF PETITION AND  HEAR-
 15    ING THEREON. Upon the filing of such petition with the clerk of such court and
 16    paying  a  fee  of  ten  dollars  ($10.00), which fee shall be in full for all
 17    clerk's fees except the regular fees provided by law on the appeals, the  said
 18    court shall fix a time for the hearing thereupon, which shall not be less than
 19    thirty  (30)  days from the filing of such petition, and the petitioners shall
 20    serve or cause to be served a notice of such hearing upon the mayor  or  clerk
 21    of such city at least twenty (20) days before the time fixed for such hearing.
 22        The  said  petitioner or petitioners city shall also cause to be published
 23    provide public notice of the hearing by publishing in the official city  news-
 24    paper  once a week in two (2) consecutive weekly issues in some newspaper pub-
 25    lished in said city where the land sought to be detached is situated,  or,  in
 26    case  no newspaper is published in said city, cause notices to be posted in at
 27    least three (3) conspicuous places in said city, said notice stating the  time
 28    and place of such hearing and that any person desiring to protest or object to
 29    the granting of the prayer of said petition may do so by filing with the clerk
 30    of said court at least two (2) days before the day set for the hearing of said
 31    petition his objections or protests in writing. Such notice shall state gener-
 32    ally  the purpose of the petition and the location and description of the land
 33    sought to be detached from the corporate limits of said city.
                                                                        
 34        SECTION 64.  That Section 50-326, Idaho Code, be, and the same  is  hereby
 35    amended to read as follows:
                                                                        
 36        50-326.  WATER,  LIGHT, POWER AND GAS PLANTS -- LEASING -- SELLING -- PRO-
 37    CEDURE. Whenever any city in this state shall own its own water  plant,  water
 38    system,  electric  power  plant  or  electric light and power transmission and
 39    electric distribution system or natural  gas  distribution  system,  the  city
 40    council  of such city may lease and sell such systems, provided, however, that
 41    before doing so, the question of leasing or selling  such  property  shall  be
 42    submitted to the qualified electors who pay taxes on real property within said
 43    city,  at  a  special election held for that purpose, and if a majority of the
 44    votes cast at such election are in favor of leasing or selling such  property,
 45    the  city council may then lease or sell the same; but in case the majority of
 46    the votes cast at such special election shall be against the leasing or  sell-
 47    ing  of  such  property, the city council shall have no power to lease or sell
 48    the same. The election to be called shall be held only  after  notice  thereof
 49    has  been published at least once a week for two (2) consecutive weeks, before
 50    the election, in the official newspaper of said city. Notice of  such  special
 51    election  shall also be posted by the city clerk in three (3) public places in
                                                                        
                                           57
                                                                        
  1    such city, at least ten (10) days before such special election. A city council
  2    may enter into agreements pursuant to this section to lease with the option to
  3    sell any plant or system described in this section. A city  council  may  only
  4    terminate  such  lease/option to sell agreements during the term of the agree-
  5    ment for default by the entity leasing such plant or system. Such lease/option
  6    to sell agreements are subject to the voter approval requirements of this sec-
  7    tion.
                                                                        
  8        SECTION 65.  That Section 50-1708, Idaho Code, be, and the same is  hereby
  9    amended to read as follows:
                                                                        
 10        50-1708.  NOTICE  OF  INTENTION AND HEARING. The notice of intention shall
 11    be published in the official newspaper of the municipality in three  (3)  con-
 12    secutive  issues  if a daily newspaper, or in two (2) issues if a weekly news-
 13    paper. or in case no newspaper is published in such municipality then by post-
 14    ing for five (5) days in three (3) public places within the proposed  improve-
 15    ment district. A copy of such notice shall be mailed to each owner of property
 16    if  known or his agent if known, within the limits of the proposed improvement
 17    district, addressed to such person at his post office address if known, or  if
 18    unknown,  to  a post office in the municipality where the improvement is to be
 19    made. Ownership of property shall be determined as of the date of the adoption
 20    of the resolution of intent to create. The hearing shall take place  not  less
 21    than ten (10) days from the date of the first of said publications or postings
 22    or the date of said mailing, whichever is later.
                                                                        
 23        SECTION  66.  That Section 50-1752, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        50-1752.  SALE OF PROPERTY AFTER MATURITY OF  BONDS.  Within  thirty  (30)
 26    days  after  the  maturity  of the last instalment installment of any issue of
 27    bonds of a local improvement district, if any such bonds or  interest  coupons
 28    shall  remain unpaid, any property remaining unsold, to which the municipality
 29    has taken title by reason of assessment of such improvement district, shall be
 30    appraised and immediately after  said  appraisement  such  property  shall  be
 31    offered    for  sale by giving notice of the time and place of sale thereof by
 32    publication of such notice in a the official newspaper  published  in  of  the
 33    municipality  for  ten (10) consecutive issues if a daily paper, or in two (2)
 34    consecutive issues if a weekly paper, or if there be no newspaper published in
 35    such municipality then in a newspaper having general circulation therein,  the
 36    date  of  sale to be not less than twenty (20) days from the date of the first
 37    publication of such notice. At the time and place designated in the notice the
 38    treasurer shall offer such property for sale to the  highest  bidder,  but  no
 39    sale  shall  be  made for less than the appraised value. If no bid be received
 40    for a sum equal to or greater than the appraised value, then the sale  may  be
 41    postponed  for  not to exceed thirty (30) days, and shall be readvertised, and
 42    at the time to which such sale was postponed shall again be offered  for  sale
 43    and  sold to the highest bidder. Upon the sale of any property and the payment
 44    therefor, a deed shall be executed to the purchaser in  the  same  manner,  as
 45    provided for the execution of deeds in section 50-1751.
                                                                        
 46        SECTION  67.  That Section 50-2006, Idaho Code, be, and the same is hereby
 47    amended to read as follows:
                                                                        
 48        50-2006.  URBAN RENEWAL AGENCY. (a) There is hereby created in each munic-
 49    ipality an independent public body corporate and politic to be  known  as  the
                                                                        
                                           58
                                                                        
  1    "urban  renewal agency" for the municipality; provided, that such agency shall
  2    not transact any business or exercise its powers hereunder until or unless the
  3    local governing body has made the  findings  prescribed  in  section  50-2005,
  4    Idaho Code.
  5        (b)  Upon the local governing body making such findings, the urban renewal
  6    agency  is authorized to transact the business and exercise the powers hereun-
  7    der by a board of commissioners to be appointed or designated as follows:
  8        (1)  The mayor, by and with the advice and consent of the local  governing
  9        body,  shall  appoint a board of commissioners of the urban renewal agency
 10        which shall consist of not less than three (3) commissioners nor more than
 11        nine (9) commissioners. In the order of appointment, the mayor shall  des-
 12        ignate  the number of commissioners to be appointed, and the term of each,
 13        provided that the original term of office of no more than two (2)  commis-
 14        sioners  shall  expire in the same year. The commissioners shall serve for
 15        terms not to exceed five (5) years, from the date of  appointment,  except
 16        that  all  vacancies  shall  be filled for the unexpired term. For ineffi-
 17        ciency or neglect of duty or misconduct in office, a commissioner  may  be
 18        removed  only after a hearing and after he shall have been given a copy of
 19        the charges at least ten (10) days prior to such hearings and have had  an
 20        opportunity to be heard in person or by counsel.
 21        (2)  By  enactment  of  an ordinance, the local governing body may appoint
 22        and designate itself to be the board of commissioners of the urban renewal
 23        agency, in which case all the rights, powers, duties, privileges and immu-
 24        nities vested by the urban renewal law of 1965,  and  as  amended,  in  an
 25        appointed  board  of commissioners, shall be vested in the local governing
 26        body, who shall, in all respects when acting as an urban  renewal  agency,
 27        be  acting  as  an arm of state government, entirely separate and distinct
 28        from the municipality, to achieve, perform and accomplish the public  pur-
 29        poses  prescribed  and  provided by said urban renewal law of 1965, and as
 30        amended.
 31        (3)  By enactment of an ordinance, the local governing body may  terminate
 32        the  appointed  board  of  commissioners and thereby appoint and designate
 33        itself as the board of commissioners of the urban renewal agency.
 34        (c)  A commissioner shall receive no compensation  for  his  services  but
 35    shall  be  entitled  to  the necessary expenses, including traveling expenses,
 36    incurred in the discharge of his duties. Each commissioner shall  hold  office
 37    until his successor has been appointed and has qualified. A certificate of the
 38    appointment or reappointment of any commissioner shall be filed with the clerk
 39    of  the  municipality and such certificate shall be conclusive evidence of the
 40    due and proper appointment of such commissioner.
 41        The powers of an urban renewal agency shall be exercised  by  the  commis-
 42    sioners thereof. A majority of the commissioners shall constitute a quorum for
 43    the purpose of conducting business and exercising the powers of the agency and
 44    for  all  other  purposes.  Action may be taken by the agency upon a vote of a
 45    majority of the commissioners present, unless in any  case  the  bylaws  shall
 46    require a larger number.
 47        The  mayor  may appoint a chairman, a cochairman, or a vice chairman for a
 48    term of office of one (1) year from among the  commissioners,  thereafter  the
 49    commissioners shall elect the chairman, cochairman or vice chairman for a term
 50    of  one  (1)  year from among their members. An agency may employ an executive
 51    director, technical experts and such other agents and employees, permanent and
 52    temporary, as it may require, and determine their qualifications,  duties  and
 53    compensation.  For  such legal service as it may require, an agency may employ
 54    or retain its own counsel and legal staff. An agency  authorized  to  transact
 55    business and exercise powers under this act chapter shall file, with the local
                                                                        
                                           59
                                                                        
  1    governing  body, on or before March 31 of each year a report of its activities
  2    for the preceding calendar year, which report shall include a complete  finan-
  3    cial  statement  setting  forth  its assets, liabilities, income and operating
  4    expense as of the end of such calendar year. At the time of filing the report,
  5    the agency shall publish in a the official newspaper of general circulation in
  6    the community agency a notice to the effect that such report  has  been  filed
  7    with  the  municipality and that the report is available for inspection during
  8    business hours in the office of the city clerk or county recorder and  in  the
  9    office of the agency.
 10        (d)  An  urban renewal agency shall have the same fiscal year as a munici-
 11    pality and shall be subject to the same audit requirements as a  municipality.
 12    An  urban  renewal agency shall be required to prepare and file with its local
 13    governing body an annual financial report and shall prepare, approve and adopt
 14    an annual budget for filing with the local governing body,  for  informational
 15    purposes.  A  budget means an annual estimate of revenues and expenses for the
 16    following fiscal year of the agency.
 17        (e)  An urban renewal agency shall comply with the public records law pur-
 18    suant to chapter 3, title 9, Idaho Code, open meetings law pursuant to chapter
 19    23, title 67, Idaho Code, the ethics in government law pursuant to chapter  7,
 20    title  59,  Idaho  Code,  and  the  competitive  bidding provisions of section
 21    50-341, Idaho Code.
                                                                        
 22        SECTION 68.  That Section 50-2008, Idaho Code, be, and the same is  hereby
 23    amended to read as follows:
                                                                        
 24        50-2008.  PREPARATION  AND APPROVAL OF PLAN FOR URBAN RENEWAL PROJECT. (a)
 25    An urban renewal project for an urban renewal area shall  not  be  planned  or
 26    initiated  unless the local governing body has, by resolution, determined such
 27    area to be a deteriorated area  or  a  deteriorating  area  or  a  combination
 28    thereof and designated such area as appropriate for an urban renewal project.
 29        (b)  An urban renewal agency may itself prepare or cause to be prepared an
 30    urban  renewal  plan,  or  any person or agency, public or private, may submit
 31    such a plan to an urban renewal agency. Prior to  its  approval  of  an  urban
 32    renewal  project, the local governing body shall submit such plan to the plan-
 33    ning commission of the municipality, if any, for review and recommendations as
 34    to its conformity with the general plan for the development of the  municipal-
 35    ity  as  a whole. The planning commission shall submit its written recommenda-
 36    tions with respect to the proposed urban renewal plan to the  local  governing
 37    body  within  thirty  (30)  days  after  receipt  of the plan for review. Upon
 38    receipt of the recommendations of the planning commission, or if no  recommen-
 39    dations are received within said thirty (30) days, then without such recommen-
 40    dations, the local governing body may proceed with the hearing on the proposed
 41    urban renewal project prescribed by subsection (c) hereof.
 42        (c)  The  local  governing  body  shall  hold a public hearing on an urban
 43    renewal project, after public notice thereof by publication in a the  official
 44    newspaper having a general circulation in the area of operation of the munici-
 45    pality.  The  notice  shall  describe the time, date, place and purpose of the
 46    hearing, shall generally identify the urban renewal area covered by the  plan,
 47    and shall outline the general scope of the urban renewal project under consid-
 48    eration.
 49        (d)  Following such hearing, the local governing body may approve an urban
 50    renewal  project  and the plan therefor if it finds that (1) a feasible method
 51    exists for the location of families who  will  be  displaced  from  the  urban
 52    renewal area in decent, safe and sanitary dwelling accommodations within their
 53    means  and without undue hardship to such families; (2) the urban renewal plan
                                                                        
                                           60
                                                                        
  1    conforms to the general plan of the municipality as a  whole;  (3)  the  urban
  2    renewal  plan  gives  due  consideration to the provision of adequate park and
  3    recreational areas and facilities  that  may  be  desirable  for  neighborhood
  4    improvement,  with special consideration for the health, safety and welfare of
  5    children residing in the general vicinity of the site covered by the plan; and
  6    (4) the urban renewal plan will afford maximum  opportunity,  consistent  with
  7    the  sound  needs  of  the  municipality as a whole, for the rehabilitation or
  8    redevelopment of the urban renewal area by private enterprise: Provided,  that
  9    if  the  urban renewal area consists of an area of open land to be acquired by
 10    the urban renewal agency, such area shall not be so acquired unless (1) if  it
 11    is to be developed for residential uses, the local governing body shall deter-
 12    mine that a shortage of housing of sound standards and design which is decent,
 13    safe and sanitary exists in the municipality; that the need for housing accom-
 14    modations  has been or will be increased as a result of the clearance of slums
 15    in other areas; that the conditions of blight in the area and the shortage  of
 16    decent,  safe  and  sanitary housing cause or contribute to an increase in and
 17    spread of disease and crime and constitute a  menace  to  the  public  health,
 18    safety,  morals, or welfare; and that the acquisition of the area for residen-
 19    tial uses is an integral part of and essential to the program of  the  munici-
 20    pality,  or  (2)  if  it is to be developed for nonresidential uses, the local
 21    governing body shall determine that such nonresidential uses are necessary and
 22    appropriate to facilitate the proper growth and development of  the  community
 23    in  accordance  with  sound planning standards and local community objectives,
 24    which acquisition may require the exercise of governmental action, as provided
 25    in this act chapter, because of defective  or  unusual  conditions  of  title,
 26    diversity  of  ownership,  tax  delinquency,  improper  subdivisions, outmoded
 27    street patterns, deterioration of site, economic disuse, unsuitable topography
 28    or faulty lot layouts, the need for the correlation of  the  area  with  other
 29    areas  of  a  municipality  by streets and modern traffic requirements, or any
 30    combination of such factors or other conditions which  retard  development  of
 31    the area.
 32        (e)  An  urban  renewal plan may be modified at any time: Provided that if
 33    modified after the lease or sale by the urban renewal agency of real  property
 34    in  the  urban renewal project area, such modification may be conditioned upon
 35    such approval of the owner, lessee or  successor  in  interest  as  the  urban
 36    renewal  agency  may  deem advisable and in any event shall be subject to such
 37    rights at law or in equity as a lessee or purchaser, or his successor or  suc-
 38    cessors in interest, may be entitled to assert.
 39        (f)  Upon  the  approval  by  the local governing body of an urban renewal
 40    plan or of any modification thereof, such plan or modification shall be deemed
 41    to be in full force and effect for the respective urban renewal area, and  the
 42    urban  renewal  agency  may then cause such plan or modification to be carried
 43    out in accordance with its terms.
 44        (g)  Notwithstanding any other provisions of this act chapter,  where  the
 45    local  governing  body  certifies  that an area is in need of redevelopment or
 46    rehabilitation as a result of a flood, fire, hurricane, earthquake, storm,  or
 47    other catastrophe respecting which the governor of the state has certified the
 48    need  for  disaster assistance under Public Law 875, Eighty-first Congress, or
 49    other federal law, the local governing body may approve an urban renewal  plan
 50    and  an  urban renewal project with respect to such area without regard to the
 51    provisions of subsection (d) of this section and the provisions of  this  sec-
 52    tion requiring a general plan for the municipality and a public hearing on the
 53    urban renewal project.
                                                                        
 54        SECTION  69.  That Section 50-2011, Idaho Code, be, and the same is hereby
                                                                        
                                           61
                                                                        
  1    amended to read as follows:
                                                                        
  2        50-2011.  DISPOSAL OF PROPERTY IN URBAN RENEWAL AREA. (a) An urban renewal
  3    agency may sell, lease, or otherwise transfer real property  or  any  interest
  4    therein  acquired  by it for an urban renewal project, and may enter into con-
  5    tracts with respect thereto, in an urban renewal area for residential,  recre-
  6    ational,  commercial, industrial, educational or other uses or for public use,
  7    or may retain such property or interest for public use, in accordance with the
  8    urban renewal plan, subject to such covenants,  conditions  and  restrictions,
  9    including  covenants  running with the land, as it may deem to be necessary or
 10    desirable to assist in preventing the development or spread of future slums or
 11    blighted areas or to otherwise carry out the purposes  of  this  act  chapter:
 12    Provided,  that such sale, lease, other transfer, or retention, and any agree-
 13    ment relating thereto, may be made  only  after  the  approval  of  the  urban
 14    renewal  plan by the local governing body. The purchasers or lessees and their
 15    successors and assigns shall be obligated to devote such real property only to
 16    the uses specified in the urban renewal plan, and may be obligated  to  comply
 17    with  such  other requirements as the urban renewal agency may determine to be
 18    in the public interest, including the obligation to begin within a  reasonable
 19    time  any  improvements  on  such  real property required by the urban renewal
 20    plan. Such real property or interest shall be sold, leased,  otherwise  trans-
 21    ferred,  or  retained  at  not less than its fair value for uses in accordance
 22    with the urban renewal plan except property disposed of by it to the community
 23    or any other public body which property must be disposed of  pursuant  to  the
 24    provisions  of subsection (f) of section 50-2015, Idaho Code, even though such
 25    fair value may be less than the cost of acquiring and preparing  the  property
 26    for  redevelopment. In determining the fair value of real property for uses in
 27    accordance with the urban renewal plan, an urban  renewal  agency  shall  take
 28    into  account  and  give  consideration to the uses provided in such plan; the
 29    restrictions upon, and the covenants, conditions and  obligations  assumed  by
 30    the purchaser or lessee or by the urban renewal agency retaining the property;
 31    and  the objectives of such plan for the prevention  of the recurrence of slum
 32    or blighted areas. The urban renewal agency in any instrument of conveyance to
 33    a private purchaser or lessee may provide that such purchaser or lessee  shall
 34    be  without power to sell, lease or otherwise transfer the real property with-
 35    out the prior written consent of the urban renewal agency until  he  has  com-
 36    pleted the construction of any or all improvements which he has obligated him-
 37    self  to  construct thereon. Real property acquired by an urban renewal agency
 38    which, in accordance with the provisions of the urban renewal plan, is  to  be
 39    transferred,  shall be transferred as rapidly as feasible in the public inter-
 40    est consistent with the carrying out of the provisions of  the  urban  renewal
 41    plan.  Any contract for such transfer and the urban renewal plan (or such part
 42    or parts of such contract or plan as the urban renewal agency  may  determine)
 43    may  be recorded in the land records of the county in such manner as to afford
 44    actual or constructive notice thereof.
 45        (b)  An urban renewal agency may dispose of  real  property  in  an  urban
 46    renewal area to private persons only under such reasonable competitive bidding
 47    procedures  as  it  shall prescribe or as hereinafter provided in this subsec-
 48    tion. An urban renewal agency may, by public notice by publication  in  a  the
 49    official  newspaper  having  a  general  circulation in the community ( of the
 50    agency thirty (30) days prior to the execution of any contract to sell,  lease
 51    or  otherwise  transfer real property and prior to the delivery of any instru-
 52    ment of conveyance with respect thereto under the provisions of this section),
 53    invite proposals from and make available all pertinent information to  private
 54    redevelopers or any persons interested in undertaking to redevelop or rehabil-
                                                                        
                                           62
                                                                        
  1    itate  an  urban renewal area, or any part thereof. Such notice shall identify
  2    the area, or portion thereof, and shall state that proposals shall be made  by
  3    those interested within thirty (30) days after the date of publication of said
  4    notice,  and  that such further information as is available may be obtained at
  5    such office as shall be designated in said notice. The  urban  renewal  agency
  6    shall  consider  all  such  redevelopment  of rehabilitation proposals and the
  7    financial and legal ability of the persons making such proposals to carry them
  8    out, and may negotiate with any persons for proposals for the purchase,  lease
  9    or  other  transfer  of  any real property acquired by the agency in the urban
 10    renewal area. The urban renewal agency may accept such proposal as it deems to
 11    be in the public interest and in furtherance of the purposes of this act chap-
 12    ter. The agency may execute such contract in accordance with the provisions of
 13    subsection (a) and deliver deeds, leases and other instruments  and  take  all
 14    steps necessary to effectuate such contract.
 15        (c)  An  urban  renewal  agency  may temporarily operate and maintain real
 16    property acquired by it in an urban renewal area for or in connection with  an
 17    urban renewal project pending the disposition of the property as authorized in
 18    this  act  chapter,  without regard to the provisions of subsection (a) above,
 19    for such uses and purposes as may be deemed desirable even though not in  con-
 20    formity with the urban renewal plan.
 21        (d)  Any real property acquired pursuant to section 50-2007(d) may be dis-
 22    posed  of without regard to other provisions of this section if the local gov-
 23    erning body has consented to the disposal.
 24        (e)  Notwithstanding any other provisions of this act  chapter,  and  not-
 25    withstanding  subsection (b) of this section, land in an urban renewal project
 26    area designated under the urban renewal plan for industrial or commercial uses
 27    may be disposed of to any public body or nonprofit corporation for  subsequent
 28    disposition  as  promptly as practicable by the public body or corporation for
 29    redevelopment in accordance with the urban renewal plan,  and  only  the  pur-
 30    chaser  from or lessee of the public body or corporation, and their assignees,
 31    shall be required to assume  the  obligation  of  beginning  the  building  of
 32    improvements  within a reasonable time. Any disposition of land to a nonprofit
 33    corporation under this subsection shall be made at its fair value for uses  in
 34    accordance  with  the  urban renewal plan. Any disposition of land to a public
 35    body under this subsection shall be made pursuant to the provisions of subsec-
 36    tion (f) of section 50-2015, Idaho Code.
 37        (f)  Property previously acquired or acquired by an agency for rehabilita-
 38    tion and resale shall be offered for disposition within three (3) years  after
 39    completion  of  rehabilitation,  or an annual report shall be published by the
 40    agency in a the official newspaper of general  circulation  published  in  the
 41    community  agency  listing  any  rehabilitated  property held by the agency in
 42    excess of such three (3)  year  period,  stating  the  reasons  such  property
 43    remains unsold and indicating plans for its disposition.
                                                                        
 44        SECTION  70.  That Section 50-2012, Idaho Code, be, and the same is hereby
 45    amended to read as follows:
                                                                        
 46        50-2012.  ISSUANCE OF BONDS. (a) An urban renewal agency shall have  power
 47    to  issue bonds from time to time in its discretion to finance the undertaking
 48    of any urban renewal project under this act chapter, including, without limit-
 49    ing the generality thereof, the payment of principal  and  interest  upon  any
 50    advances for surveys and plans or preliminary loans, and shall also have power
 51    to  issue  refunding  bonds for the payment or retirement of such bonds previ-
 52    ously issued by it. Such bonds shall be made payable, as to both principal and
 53    interest, solely from the income, proceeds, revenues, and funds of  the  urban
                                                                        
                                           63
                                                                        
  1    renewal  agency  derived  from  or held in connection with its undertaking and
  2    carrying out of urban renewal projects under this act chapter: Provided,  how-
  3    ever,  that  payment  of such bonds, both as to principal and interest, may be
  4    further secured by a pledge of any loan, grant or contribution from  the  fed-
  5    eral  government  or  other source, in aid of any urban renewal projects under
  6    this act chapter, and by a mortgage of any such urban renewal projects, or any
  7    part thereof, title to which is in the urban renewal agency.
  8        (b)  Bonds issued under this section shall not constitute an  indebtedness
  9    within  the  meaning  of  any  constitutional  or statutory debt limitation or
 10    restriction, and shall not be subject to the provisions of any  other  law  or
 11    charter  relating  to  the authorization, issuance or sale of bonds. Bonds and
 12    other obligations of an urban renewal agency (and such bonds  and  obligations
 13    shall  so  state  on  their face) shall not be a debt of the municipality, the
 14    state or any political subdivision thereof, and neither the municipality,  the
 15    state  nor  any  political subdivision thereof shall be liable thereon, nor in
 16    any event shall such bonds or obligations be payable out of  any  funds  other
 17    than  those of said urban renewal agency. Bonds issued under the provisions of
 18    this act chapter are declared to be issued for an essential public and govern-
 19    mental purpose and, together with interest thereon and income therefrom, shall
 20    be exempted from all taxes.
 21        (c)  Bonds issued under this section shall be authorized by resolution  or
 22    ordinance  of the urban renewal agency and may be issued in one or more series
 23    and shall bear such date or dates, be payable upon demand or  mature  at  such
 24    time,  or  times, bear interest at a rate or rates, be in such denomination or
 25    denominations, be in such form either with or without  coupon  or  registered,
 26    carry  such conversion or registration privileges, have such rank or priority,
 27    be executed in such manner, be payable in such  medium  of  payment,  at  such
 28    place  or  places, and be subject to such terms of repayment, at such place or
 29    places, and be subject to such terms of redemption (with or without  premium),
 30    be secured in such manner, and have such other characteristics, as may be pro-
 31    vided  by  such resolution or ordinance, or trust indenture or mortgage issued
 32    pursuant thereto.
 33        (d)  Such bonds may be sold at not less than  par  at  public  or  private
 34    sales  held  after notice published prior to such sale in a the official news-
 35    paper having a general circulation in the area of operation of the agency  and
 36    in  such  other  medium  of  publication as the agency may determine or may be
 37    exchanged for other bonds on the basis of par: Provided, that such  bonds  may
 38    be  sold  to the federal government at private sale at not less than par, and,
 39    in the event less than all of the authorized principal amount on such bonds is
 40    sold to the federal government, the balance may be sold at private sale at not
 41    less than par at an interest cost to the agency of not to exceed the  interest
 42    cost to the agency of the portion of the bonds sold to the federal government.
 43        (e)  In case any of the officials of the urban renewal agency whose signa-
 44    tures appear on any bonds or coupons issued under this act chapter shall cease
 45    to be such officials before the delivery of such bonds, such signatures shall,
 46    nevertheless,  be  valid  and sufficient for all purposes, the same as if such
 47    officials had remained in office until such delivery. Any provision of any law
 48    to the contrary notwithstanding, any bonds issued pursuant to this act chapter
 49    shall be fully negotiable.
 50        (f)  In any suit, action or proceeding involving the validity or  enforce-
 51    ability  of  any  bond issued under this act chapter or the security therefor,
 52    any such bond reciting in substance that it has been issued by the  agency  in
 53    connection  with an urban renewal project, as herein defined, shall be conclu-
 54    sively deemed to have been issued for such purpose and such project  shall  be
 55    conclusively  deemed  to  have been planned, located and carried out in accor-
                                                                        
                                           64
                                                                        
  1    dance with the provisions of this act chapter.
                                                                        
  2        SECTION 71.  That Section 50-2202, Idaho Code, be, and the same is  hereby
  3    amended to read as follows:
                                                                        
  4        50-2202.  ELECTION TO DETERMINE QUESTION. Such question shall be submitted
  5    at  a  special election to be held for that purpose, and the governing body of
  6    the city or county, as the case may be, shall give notice thereof by  publica-
  7    tion  in  a  the  official newspaper of general circulation the city or county
  8    once each week for a period of four (4) weeks prior  to  such  election.  Such
  9    notice  shall  state that the question of disincorporating the said city shall
 10    be submitted to the qualified electors of the same at the time  appointed  for
 11    such election, and the electors shall be invited to vote upon such proposition
 12    by  placing  upon their ballots the cross as provided by law, after the words,
 13    "For disincorporation" or "Against disincorporation." Such governing  body  of
 14    the  city  or county, as the case may be, shall also designate in such notice,
 15    the date of the election, the purpose of the election, the place or places  at
 16    which the polls will be open in said city and shall also appoint and designate
 17    in such notice the names of the officers of election the hours the polls shall
 18    be open for the purpose of voting.
                                                                        
 19        SECTION  72.  That Section 50-2605, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        50-2605.  NOTICE OF HEARING. Notice of a hearing held under the provisions
 22    of this chapter shall be given by:
 23        (1)  One (1) publication of the resolution of intention in a the  official
 24    newspaper of general circulation in the city; and
 25        (2)  Mailing  a complete copy of the resolution of intention to each busi-
 26    ness in the proposed, or established district. Publication and  mailing  shall
 27    be completed  at least ten (10) days prior to the time of the hearing.
                                                                        
 28        SECTION  73.  That Section 50-2718, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        50-2718.  PUBLICATION OF PROCEEDINGS --  CONTEST  PERIOD.  The  resolution
 31    authorizing  the  issuance of any revenue bonds hereunder and the execution of
 32    an indenture as security therefor shall be published one (1)  time  in  a  the
 33    official newspaper of general circulation in the municipality. Any such inden-
 34    ture, or other instrument authorized in such resolution to be executed, may be
 35    incorporated  as  an  exhibit  to such resolution but need not be published as
 36    part of the resolution. For a period of thirty (30) days from the date of such
 37    publication any person in interest may file suit in  any  court  of  competent
 38    jurisdiction  to contest the regularity, formality or legality of the proceed-
 39    ings authorizing the revenue bonds, or the legality of such resolution and its
 40    provisions or of the revenue bonds to be issued pursuant thereto and the  pro-
 41    visions  securing  the revenue bonds. After the expiration of such thirty (30)
 42    day period no one shall have any right of action to contest  the  validity  of
 43    the revenue bonds or of such proceedings or of such resolution or the validity
 44    of  the  pledges and covenants made in such proceedings and resolution and the
 45    revenue bonds and the provisions for their payment shall be conclusively  pre-
 46    sumed to be legal and no court shall thereafter have authority to inquire into
 47    such matters.
                                                                        
 48        SECTION  74.  That Section 50-2906, Idaho Code, be, and the same is hereby
                                                                        
                                           65
                                                                        
  1    amended to read as follows:
                                                                        
  2        50-2906.  PUBLIC HEARING AND ORDINANCE REQUIRED. (1) To adopt a new  urban
  3    renewal  plan  or  create  a competitively disadvantaged border community area
  4    containing a revenue allocation financing provision, the local governing  body
  5    of an authorized municipality must enact an ordinance in accordance with chap-
  6    ter  9,  title  50,  Idaho Code, and section 50-2008, Idaho Code. To modify an
  7    existing urban renewal plan, to add or change a revenue allocation, an  autho-
  8    rized municipality must enact an ordinance in accordance with chapter 9, title
  9    50,  Idaho  Code,  and  conduct  a  public  hearing  as  provided  in  section
 10    50-2008(c),  Idaho  Code. No urban renewal project, plan, competitively disad-
 11    vantaged border community area or modification thereto, or revenue  allocation
 12    financial  provision  shall be held ineffective for failure to comply with the
 13    requirements of this section if compliance with the section is substantial and
 14    in good faith and administrative authority of both the  local  governing  body
 15    and  urban renewal agency does not extend beyond the municipal boundary of the
 16    authorized municipality. Urban renewal plans and revenue allocation  financing
 17    provisions may be held ineffective if an urban renewal area or revenue alloca-
 18    tion area extends outside the municipal boundary of an authorized municipality
 19    and  a  transfer  of  powers ordinance has not been adopted by the cooperating
 20    county.
 21        (2)  A revenue allocation financing provision adopted in  accordance  with
 22    this  chapter  shall  be  effective  retroactively to January 1 of the year in
 23    which the local governing body of  the  authorized  municipality  enacts  such
 24    ordinance.
 25        (3)  The  local governing body of an authorized municipality shall prepare
 26    a notice stating: (a) that an urban renewal plan or modification thereto or  a
 27    competitively  disadvantaged  border  community  area has been proposed and is
 28    being considered for adoption, and that such plan or modification  thereto  or
 29    proposal  to  create a competitively disadvantaged border  community area con-
 30    tains a revenue allocation financing provision that will cause property  taxes
 31    resulting  from any increases in equalized assessed valuation in excess of the
 32    equalized assessed valuation as shown on the base assessment roll to be  allo-
 33    cated  to  the agency for urban renewal and competitively disadvantaged border
 34    community area purposes; and (b) that an agreement on administration of a rev-
 35    enue allocation financing provision extending beyond the municipal boundary of
 36    the authorized municipality has been negotiated with  the  cooperating  county
 37    having  extraterritorial power and that the agreement has been formalized by a
 38    transfer of power ordinance adopted by that county; and  (c)  that   a  public
 39    hearing  on such plan or modification will be held by the local governing body
 40    pursuant to section 50-2008(c), Idaho Code. The notice shall  also  state  the
 41    time,  date, and place of the hearing.  At least thirty (30) days but not more
 42    than sixty (60) days prior to the date set for final reading of the ordinance,
 43    the local governing body shall publish the notice in a the official  newspaper
 44    of general circulation the municipality and transmit the notice, together with
 45    a  copy  of  the  plan  and  recommendation of the urban renewal agency or the
 46    municipality which by ordinance created the competitively disadvantaged border
 47    community area, to the governing body of each  taxing  district  which  levies
 48    taxes upon any taxable property in the revenue allocation area and which would
 49    be affected by the revenue allocation financing provision of the urban renewal
 50    plan proposed to be approved by the local governing body.
                                                                        
 51        SECTION  75.  That  Section 60-105, Idaho Code, be, and the same is hereby
 52    amended to read as follows:
                                                                        
                                           66
                                                                        
  1        60-105.  RATES FOR OFFICIAL NOTICES. (1)  Effective on and  after  October
  2    1,  2005,  tThe rate to be charged for all official notices required by law to
  3    be published in any newspaper in this state, by any state,  county,  municipal
  4    official or other person, shall be as follows: seven and one-half cents (7.5¢)
  5    for  each  pica  in a column line for the first insertion and six and one-half
  6    cents (6.5¢) for each pica in a column line for each subsequent insertion. For
  7    table and figure matter, the rate shall be eight and one-half cents (8.5¢) for
  8    each pica in a column line for the first insertion, and six and one-half cents
  9    (6.5¢) for each pica in a column line for each subsequent  insertion.  In  the
 10    event  that  a column line ends in a one-half (1/2) pica measurement, the rate
 11    for such onehalf one-half (1/2) pica shall be one-half (1/2) the  rate  estab-
 12    lished  for  a full pica for the type of matter set forth herein. For purposes
 13    of this section, the type used shall not be smaller than 7 point  nor  greater
 14    than  published  size  of all public notices shall be determined by the person
 15    authorizing publication of the public notice; providing that the minimum  type
 16    height  of  a  column line shall be eight (8) points high and providing that a
 17    maximum of nine (9) minimum height column lines be used to calculate each ver-
 18    tical column inch of space charged by any newspaper  for  advertising  in  its
 19    public notice advertising columns.
 20        (2)  Effective  on  and  after October 1, 2006, the rate to be charged for
 21    all official notices required by law to be published in any newspaper in  this
 22    state,  by  any state, county, municipal official or other person, shall be as
 23    follows: eight cents (8¢) for each pica in a column line for the first  inser-
 24    tion  and  seven cents (7¢) for each pica in a column line for each subsequent
 25    insertion. For table and figure matter, the rate shall be nine cents (9¢)  for
 26    each  pica  in  a column line for the first insertion and seven cents (7¢) for
 27    each pica in a column line for each subsequent insertion. In the event that  a
 28    column  line ends in a one-half (1/2) pica measurement, the rate for such one-
 29    half (1/2) pica shall be one-half (1/2) the  rate  established  for  the  full
 30    pica  for  the  type of matter set forth herein. For purposes of this section,
 31    the published size of all public notices shall be  determined  by  the  person
 32    authorizing  publication of the public notice; providing that the minimum type
 33    height of a column line shall be eight (8) points high and  providing  that  a
 34    maximum of nine (9) minimum height column lines be used to calculate each ver-
 35    tical  column  inch  of  space charged by any newspaper for advertising in its
 36    public notice advertising columns.
                                                                        
 37        SECTION 76.  That Section 60-106, Idaho Code, be, and the same  is  hereby
 38    repealed.
                                                                        
 39        SECTION  77.  That  Chapter  1,  Title 60, Idaho Code, be, and the same is
 40    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 41    ignated as Section 60-106, Idaho Code, and to read as follows:
                                                                        
 42        60-106.  REQUIRED  LEGAL  NOTICES -- QUALIFICATIONS OF NEWSPAPERS PRINTING
 43    LEGAL NOTICES. (1) No legal notice, advertisement or publication of  any  kind
 44    required  or  provided by the laws of the state of Idaho, to be published in a
 45    newspaper, shall be published or have any force or effect, as such, unless the
 46    same be published in a "newspaper of general interest" published in the  state
 47    of  Idaho  that  meets  the  qualifications established by this section. Legal
 48    notices published by or concerning the business or proceedings of a  political
 49    subdivision shall be published in the official newspaper of the political sub-
 50    division.
 51        (2)  All  political  subdivisions  shall designate by ordinance or resolu-
 52    tion, a newspaper as defined in this section as the official newspaper of  the
                                                                        
                                           67
                                                                        
  1    political subdivision for the purpose of printing legal notices as required or
  2    provided  by  law.  Only  a newspaper that qualifies as a newspaper of general
  3    interest within a political subdivision may be designated as an official news-
  4    paper of a political subdivision. The political  subdivision  shall  make  any
  5    such  designation consistent with the provisions of this section. If a politi-
  6    cal subdivision fails to designate an official newspaper as  provided  herein,
  7    publication  in a newspaper of general interest published within the political
  8    subdivision shall suffice, or if no newspaper of general interest is published
  9    within the political subdivision, publication in the official newspaper of any
 10    county wherein the political subdivision is located shall suffice.
 11        (3)  A publisher of any Idaho-published newspaper may contest the designa-
 12    tion of an official newspaper by a political  subdivision  if  said  publisher
 13    believes  that  the  designated  newspaper does not meet the qualifications of
 14    this chapter. Any such objection must first be  addressed  by  direct  written
 15    communication  to  the governing board of the political subdivision, asserting
 16    with specificity the error made in designation, and  allowing  such  governing
 17    board  at  least  thirty-five (35) days to respond to such objection. No later
 18    than thirty-five (35) calendar days following receipt of notice  of  objection
 19    by  the  governing board or upon transmittal of a written decision approved by
 20    the governing board if such occurs sooner, said publisher may, within  twenty-
 21    eight  (28)  days  after  the expiration of the thirty-five (35) day period or
 22    within twenty-eight (28) days after transmittal of the response by the govern-
 23    ing board, whichever comes first, challenge any determination by  a  governing
 24    board  that a designated official newspaper meets the requirements established
 25    by this chapter either  by  filing  a  petition  for  judicial  review,  where
 26    expressly  made  applicable  by statute, or by seeking declaratory judgment if
 27    not otherwise provided, in the county  where  such  political  subdivision  is
 28    located.
 29        (4)  The term "newspaper of general interest," wherever used in Idaho Code
 30    as  a  qualification  of newspapers required to be used for the publication of
 31    notice, shall mean a "newspaper," as defined in this  section,  that  is  pub-
 32    lished  within  the boundaries of the political subdivision wherein the notice
 33    is required to be published and which newspaper contains local news  and  com-
 34    mentary  of  a  general  nature and has the largest paid circulation among all
 35    newspapers published in that jurisdiction as verified by the  sworn  statement
 36    of  average  total paid or requested circulation for the preceding twelve (12)
 37    months that was filed on the annual statement  of  ownership,  management  and
 38    circulation with the United States postal service on the date immediately pre-
 39    ceding  the date of the required publication of notice;  excepting that, where
 40    no newspaper is published within the jurisdiction wherein notice  is  required
 41    to be published, the term "newspaper of general interest" shall mean the news-
 42    paper  with  the largest paid circulation published within any county in which
 43    the jurisdiction is located, or the newspaper published nearest to the  bound-
 44    aries of the jurisdiction provided, that said newspaper has also, if published
 45    weekly, been continuously and uninterruptedly published in the county during a
 46    period  of seventy-eight (78) consecutive weeks prior to the first publication
 47    of the notice, or advertisement, or, if published daily, has been so published
 48    as a daily newspaper in the county during a period of twelve (12)  consecutive
 49    months prior to the first publication of the notice or advertisement.
 50        (5)  Nothing  in this chapter shall invalidate the publication of any such
 51    notice or advertisement in any newspaper of general interest which has  simply
 52    changed  its  name, frequency of publication, suspended publication because of
 53    an act of God, or public enemy, fire, strike, or other labor  dispute,  explo-
 54    sion, flood, government prohibition, government requisition of essential prop-
 55    erty, preferential government orders, breakdown, legal acts of public authori-
                                                                        
                                           68
                                                                        
  1    ties  or other acts beyond the control of the publisher for a period of not to
  2    exceed six (6) months, or changed the place of publication from  one  part  of
  3    the  county  to  another  part thereof, without breaking the continuity of its
  4    regular issues for the required length of time; and,  provided  further,  that
  5    this  chapter  shall not apply to counties in which no newspaper has been pub-
  6    lished for the required length of time.
  7        (6)  "Newspaper" as used in this section shall apply only  to  such  news-
  8    papers of general interest made up of at least four (4) pages of at least five
  9    (5)  columns  each,  printed  from  type  matter or from "slugs" cast upon the
 10    linotype or intertype or similar "slug-casting" machine,  or  by  the  process
 11    known  as  "offset,"  or  stereotyped  forms  of at least seventeen and three-
 12    fourths (17 3/4) inches in depth; or, if smaller  pages,  then  comprising  an
 13    equivalent  amount  of  type matter, and which shall have at least two hundred
 14    (200) bona fide subscribers living within the county in which the newspaper is
 15    published at regular intervals and, in no case, less frequently  than  once  a
 16    week; provided that a newspaper produced by the process known as mimeographing
 17    or  similar methods shall not be deemed a legal newspaper for the publications
 18    of any kind. Provided further, that any duly qualified newspaper, as hereinbe-
 19    fore defined, shall not forfeit its standing as such by  reason  of  the  fact
 20    that  it  has  suspended  publication for all or any part of the period during
 21    which the United States has been or shall be engaged in the prosecution of any
 22    war, or for one (1) year following the date of the proclamation of the  presi-
 23    dent  of  the United States declaring that this nation is no longer at war, or
 24    the termination of a state of war shall be otherwise established. And  if  any
 25    such  newspaper  shall resume regular publication within one (1) year from the
 26    date when the termination of the state of war  shall  be  so  established,  it
 27    shall  then  be as fully qualified to publish any legal notice, advertisement,
 28    or publication required to be published by the laws of the state of Idaho,  as
 29    if   such   newspaper   had  not  suspended  regular  publication  during  the
 30    abovementioned period of time.
 31        (7)  No newspaper shall qualify under this section unless the  same  shall
 32    hold  a  valid second class mailing permit from the United States post office.
 33    Any violations of the previous requirements of this section concerning  print-
 34    ing of newspapers other than in the political subdivision in which a notice or
 35    advertisement  is required to be printed are hereby excused and any advertise-
 36    ment published in any such newspapers is hereby validated.
                                                                        
 37        SECTION 78.  That Section 63-810, Idaho Code, be, and the same  is  hereby
 38    amended to read as follows:
                                                                        
 39        63-810.  ERRONEOUS LEVY -- CORRECTIVE ACTION. (1) Whenever the county com-
 40    missioners  have  discovered that a levy has been made by unintentional cleri-
 41    cal, mathematical or electronic error, in any levy certified  by  such  board,
 42    the county commissioners on its own motion may:
 43        (a)  If  discovered prior to the fourth Monday of November of the year for
 44        which the levy is certified, order all necessary corrections made  in  all
 45        property  tax records, if the corrected levy is otherwise within statutory
 46        limits.
 47        (b)  If discovered after the fourth Monday of November  of  the  year  for
 48        which the levy is certified, but before January 30 of the succeeding year,
 49        order  all  necessary corrections made in all property tax records, if the
 50        corrected levy is otherwise within statutory limits.  The  corrected  levy
 51        shall  be applied to the taxable value within each taxing district and the
 52        property taxes so applied shall be a perpetual lien on the  property,  and
 53        such  property tax levy and tax charge shall supersede all previous incor-
                                                                        
                                           69
                                                                        
  1        rect levies and charges made for that year, except that the  property  tax
  2        computed  using  the corrected levy shall allow a credit for the amount of
  3        property taxes previously paid. If additional property tax is owed due  to
  4        the  corrected  levy,  the county tax collector shall, prior to the fourth
  5        Monday in May, mail to the last record owner of any property  affected  by
  6        such  erroneous  levy  a notice of tax correction. The deadline for paying
  7        such property tax shall be no later  than  June  20  of  that  year.  Late
  8        charges  and  interest  will  be added if full property tax is not paid by
  9        June 20 and interest will be calculated from January 1 as provided in sec-
 10        tion 63-1001, Idaho Code.
 11        (c)  The levy correction shall be considered at  a  hearing  held  by  the
 12        county  commissioners  at  which time any taxpayer may appear and be heard
 13        upon the issue. Notice of the date, time, place and purpose of such  hear-
 14        ing  shall  be  published  in a the official newspaper published in of the
 15        county, or if there is none, then in a newspaper of general circulation in
 16        the county. The notice shall be run once each week for the two  (2)  weeks
 17        preceding  the  hearing. The hearing shall be held not less than seven (7)
 18        days after the first notice is published.
 19        (2)  The county commissioners shall submit the corrected levy and  a  copy
 20    of  the  order  to  the  state  tax commission. The state tax commission shall
 21    review the corrected levy and take action as required in section 63-809, Idaho
 22    Code.
 23        (3)  For the purposes of sections 63-701 through 63-710, Idaho  Code,  and
 24    for the purposes of the distributions required in section 63-3638, Idaho Code,
 25    the  state  tax commission, county auditor, and the county commissioners shall
 26    use the corrected values and numbers allowed in this section to recompute  and
 27    correct  such  distributions  by adjusting future distributions to account for
 28    any difference. For the purposes of chapters 8 and 10, title 33,  Idaho  Code,
 29    the  state  department of education shall use the corrected values and numbers
 30    allowed in this section.
                                                                        
 31        SECTION 79.  That Section 63-1005, Idaho Code, be, and the same is  hereby
 32    amended to read as follows:
                                                                        
 33        63-1005.  PENDING  ISSUE  OF TAX DEED -- GENERAL PROVISIONS -- NOTICE. (1)
 34    If real property on which there is a delinquency is not redeemed within  three
 35    (3) years from the date of delinquency, the county tax collector of the county
 36    wherein  such  property  is situated must make, in favor of said county, a tax
 37    deed for such property. However, the county shall not be  entitled  to  a  tax
 38    deed for such real property until:
 39        (a)  A notice of pending issue of tax deed has been given; and
 40        (b)  An affidavit of compliance has been recorded.
 41        (2)  The  county tax collector of the county wherein the real property for
 42    which a tax deed may issue shall serve or cause to be served written notice of
 43    pending issue of tax deed upon the record  owner  or  owners  and  parties  in
 44    interest of record in the following exclusive manner:
 45        (a)  By serving or causing to be served a copy of such notice by certified
 46        mail with return receipt demanded upon the record owner or owners and par-
 47        ties  in  interest  of record at their last known address, such service of
 48        notice to be made no more than five (5)  months  nor  less  than  two  (2)
 49        months before the time set for the tax deed to issue;
 50        (b)  In  the  event  that  such  notice  is  served as above described and
 51        returned undelivered after  attempting to  locate  and  serve  the  record
 52        owner or owners and parties in interest of record, by publishing a summary
 53        of  such  notice in a the official newspaper having general circulation in
                                                                        
                                           70
                                                                        
  1        of the county wherein the real property is situated. Such publication must
  2        be made at least once a week for four (4) consecutive weeks, the last pub-
  3        lication of which is to be no more than two (2) months nor less than four-
  4        teen (14) days before the time set for the tax deed to issue.
  5        (3)  The record owner or owners and parties in interest of record shall be
  6    liable and pay to the county tax collector all costs and fees in the  prepara-
  7    tion, service and publication of such notice and the tax deed process and such
  8    costs  shall  become a perpetual lien upon the property in favor of the county
  9    tax collector.
 10        (4)  Such notice and summary thereof must contain the following items:
 11        (a)  The name and last known address of the record owner or owners;
 12        (b)  An accurate description of the  property  on  which  the  delinquency
 13        stands,  or,  in  lieu  thereof, the tax number of record or parcel number
 14        used in assessing the same;
 15             (i)  A street address or other information which would be  of  assis-
 16             tance to the public in ascertaining the location of the property; or
 17             (ii) The  name  and  telephone  number  of a person, firm or business
 18             office from whom information concerning the location of the  property
 19             may be obtained;
 20        (c)  The  year  for  which the property tax was assessed and for which the
 21        delinquency exists;
 22        (d)  An itemized statement detailing the delinquency  and  all  costs  and
 23        fees  incident  to the delinquency and notice up to and including the date
 24        of the making of such notice;
 25        (e)  The date the delinquency occurred;
 26        (f)  The time, date, place at which, and by whom the tax deed will  issue;
 27        and
 28        (g)  A  statement that the record owner or owners or any party in interest
 29        shall have adequate opportunity to be heard, to confront and cross-examine
 30        any evidence or witness against the record owner or owners, and obtain and
 31        present evidence on behalf  of the record owner or owners or any party  in
 32        interest.  Such  statement  shall also contain notice of to whom inquiries
 33        and objections shall be directed concerning  the  notice  and  information
 34        contained  therein  and by what date such inquiries and objections must be
 35        received.
 36        (5)  Any party in interest may file a written request for such  notice  in
 37    the  office of the county tax collector of the county wherein the property for
 38    which the delinquency stands have been made is situated.  Such  request  shall
 39    contain the following items:
 40        (a)  The name and address of the record owner or owners;
 41        (b)  An  accurate description of the property covered by the interest, or,
 42        in lieu thereof, the tax number of record or parcel number used in assess-
 43        ing the same;
 44        (c)  The name and address of the party in interest;
 45        (d)  An accurate description of the interest held; and
 46        (e)  The date of expiration of the interest held.
 47        (6)  If a record owner or owners or a party in interest shall have  actual
 48    notice  of  the  notice of pending issue of tax deed or that issuance of a tax
 49    deed is pending, it shall be deemed sufficient notice under this section.
 50        (7)  Service shall be deemed completed upon depositing the certified  let-
 51    ter  containing  the  original or a copy of the notice of pending issue of tax
 52    deed with return receipt demanded in any United States post  office,  or  upon
 53    physical  delivery  of such notice or copy thereof by the county tax collector
 54    or his appointed agent to the record owner or owners or party in interest,  or
 55    upon the date of last publication.
                                                                        
                                           71
                                                                        
  1        (8)  No less than five (5) working days prior to the date on which the tax
  2    deed shall be issued, the county tax collector shall make an affidavit of com-
  3    pliance stating that he has complied with the conditions of issuance of notice
  4    of  pending  issue of tax deed described in this section, and stating particu-
  5    larly the facts relied on as constituting such compliance.
  6        (9)  Such affidavit  shall  be  recorded  in  the  office  of  the  county
  7    recorder.  Such  record  of  affidavit shall be prima facie evidence that such
  8    notice has been given.
  9        (10) Any person who knowingly and intentionally swears  falsely  to  facts
 10    averred  in any affidavit shall be guilty of perjury and be punished by a fine
 11    of not more than three hundred dollars ($300).
                                                                        
 12        SECTION 80.  That Section 63-1102, Idaho Code, be, and the same is  hereby
 13    amended to read as follows:
                                                                        
 14        63-1102.  SALE.  The  sale must be made after one (1) week's notice of the
 15    time and place thereof, given by publication in a the  official  newspaper  of
 16    general circulation in the county or posting in three (3) public places within
 17    the  county,  and  must be at public auction for cash, and each article seized
 18    must be sold separately to the highest bidder.
                                                                        
 19        SECTION 81.  That Section 67-913, Idaho Code, be, and the same  is  hereby
 20    amended to read as follows:
                                                                        
 21        67-913.  PROPOSED CONSTITUTIONAL AMENDMENT. Whenever the legislature shall
 22    have  directed  the  submission of a proposal to amend the constitution of the
 23    state of Idaho to the electors, the secretary of state shall provide  for  the
 24    publication  of the statement  of meaning and purpose, and the presentation of
 25    major arguments submitted by the legislative council, as well as the  text  of
 26    the  proposed  amendment.  The information shall be published three (3) times,
 27    the first time to be not more than six (6) weeks preceding  the  election  and
 28    the  last  time  to be not more than seven (7) days preceding the election, in
 29    each official newspaper qualified to print legal notices as defined in section
 30    60-106, Idaho Code.
                                                                        
 31        SECTION 82.  That Section 67-2321, Idaho Code, be, and the same is  hereby
 32    amended to read as follows:
                                                                        
 33        67-2321.  CHANGE  OF  NAME  OF  TAXING  DISTRICT -- HEARING -- ELECTION --
 34    EXCEPTIONS. (1) Whenever the governing body of a taxing district, by a  major-
 35    ity vote of its members, adopts a proposal to change the name of the district,
 36    it  shall  be the duty of such body to conduct at least one (1) public hearing
 37    on the proposal and to give notice of the hearing. At least fifteen (15)  days
 38    prior  to the hearing, notice of the time and place and a copy of the proposal
 39    of the name change shall be published in the official newspaper  or  paper  of
 40    general  circulation  within  of the jurisdiction. The governing body may also
 41    make available a notice to other papers, radio and television stations serving
 42    the jurisdiction for use as a public service announcement.
 43        (2)  At the hearing, if it shall satisfactorily appear  to  the  governing
 44    body  that  no  good cause exists to deny the proposal for change of name, the
 45    governing body may adopt a resolution effecting the name change  in  the  same
 46    form as was presented in the proposal on which the hearing was conducted. Such
 47    resolution shall also specify the date of organization of the district and its
 48    present name.
 49        If a petition signed by ten percent (10%) of the qualified electors of the
                                                                        
                                           72
                                                                        
  1    taxing  district  is  presented in opposition to the proposed name change, the
  2    governing body of the taxing district shall submit the question to  the  elec-
  3    tors  of  the  district in accordance with the provisions of chapter 14, title
  4    34, Idaho Code. If a majority of votes cast on the question  of  changing  the
  5    name  of  the  district are in favor of the name change, the governing body of
  6    the taxing district shall adopt a resolution effecting that change, specifying
  7    the date of organization of the district and its present name.
  8        (3)  No resolution for change of the name of a taxing  district  shall  be
  9    effective  until  a  certified  copy of the resolution has been filed with the
 10    state tax commission and with the county recorder of each county in which  the
 11    jurisdiction is situated.
 12        (4)  Any  change  of  name  under the provisions of this section shall not
 13    affect any of the rights, property or obligations of said taxing district.
 14        (5)  The provisions of this section shall not apply to any city, county or
 15    school district, nor to any taxing district for which provision for change  of
 16    name is otherwise provided by law.
                                                                        
 17        SECTION  83.  That Section 67-2323, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        67-2323.  WRITTEN AGREEMENT BEFORE  TRANSFER  --  PUBLICATION  OF  NOTICE.
 20    Prior  to  any  such conveyance or transfer, a written agreement shall be made
 21    between units of government or districts for a conveyance or transfer of  real
 22    or personal property from one to the other with or without consideration.
 23        Notice  of  the  general terms of the agreement shall be published for two
 24    (2) consecutive weeks in a the official newspaper printed or of general circu-
 25    lation in of the county  or  counties  in  which  such  respective  units  are
 26    located.  and  having general circulation within such county or counties. Said
 27    notice shall give time and place of the next regular  or  special  meeting  of
 28    each  respective  unit at which time the governing board of such units propose
 29    to ratify such an agreement.
                                                                        
 30        SECTION 84.  That Section 67-6509, Idaho Code, be, and the same is  hereby
 31    amended to read as follows:
                                                                        
 32        67-6509.  RECOMMENDATION  AND ADOPTION, AMENDMENT, AND REPEAL OF THE PLAN.
 33    (a) The planning or planning and zoning commission, prior to recommending  the
 34    plan,  amendment,  or repeal of the plan to the governing board, shall conduct
 35    at least one (1) public hearing in which  interested  persons  shall  have  an
 36    opportunity  to  be  heard.  At  least fifteen (15) days prior to the hearing,
 37    notice of the time and place and a summary of the plan to be  discussed  shall
 38    be  published in the official newspaper or paper of general circulation within
 39    of the jurisdiction. The commission shall also  make  available  a  notice  to
 40    other  papers,  radio and television stations serving the jurisdiction for use
 41    as a public service announcement. Notice of intent to adopt, repeal  or  amend
 42    the plan shall be sent to all political subdivisions providing services within
 43    the  planning  jurisdiction, including school districts, at least fifteen (15)
 44    days prior to the public hearing scheduled by the  commission.  Following  the
 45    commission hearing, if the commission recommends a material change to the pro-
 46    posed amendment to the plan which was considered at the hearing, it shall give
 47    notice  of its proposed recommendation and conduct another public hearing con-
 48    cerning the matter if the governing board will not conduct a subsequent public
 49    hearing concerning the proposed amendment. If the governing board will conduct
 50    a subsequent public hearing, notice of the planning and zoning commission rec-
 51    ommendation shall be included in the notice of public hearing provided by  the
                                                                        
                                           73
                                                                        
  1    governing board. A record of the hearings, findings made, and actions taken by
  2    the commission shall be maintained by the city or county.
  3        (b)  The  governing  board, as provided by local ordinance, prior to adop-
  4    tion, amendment, or repeal of the plan, may conduct at least  one  (1)  public
  5    hearing,  in  addition  to  the public hearing(s) conducted by the commission,
  6    using the same notice and hearing procedures as the commission. The  governing
  7    board  shall not hold a public hearing, give notice of a proposed hearing, nor
  8    take action upon the plan, amendments, or repeal  until  recommendations  have
  9    been  received  from  the commission. Following consideration by the governing
 10    board, if the governing board makes a material change in the recommendation or
 11    alternative options contained in the recommendation by the commission concern-
 12    ing adoption, amendment or repeal of a plan, further notice and hearing  shall
 13    be provided before the governing board adopts, amends or repeals the plan.
 14        (c)  No  plan  shall be effective unless adopted by resolution by the gov-
 15    erning board. A resolution enacting or amending a plan or part of a  plan  may
 16    be  adopted, amended, or repealed by definitive reference to the specific plan
 17    document. A copy of the adopted or amended plan shall accompany each  adopting
 18    resolution and shall be kept on file with the city clerk or county clerk.
 19        (d)  Any  person  may  petition the commission or, in absence of a commis-
 20    sion, the governing board, for a plan amendment at any  time.  The  commission
 21    may  recommend  amendments  to the land use map component of the comprehensive
 22    plan to the governing board not  more  frequently  than  once  every  six  (6)
 23    months. The commission may recommend  amendments to the text of the comprehen-
 24    sive  plan and to other ordinances authorized by this chapter to the governing
 25    board at any time.
                                                                        
 26        SECTION 85.  That Section 67-6538, Idaho Code, be, and the same is  hereby
 27    amended to read as follows:
                                                                        
 28        67-6538.  USE  FOR  DESIGNED PURPOSE PROTECTED -- WHEN VACANCY OCCURS. (1)
 29    No rights or authority granted pursuant to this chapter shall be construed  to
 30    empower  a  city or county to enact any ordinance or resolution which deprives
 31    an owner of the right to  use  improvements  on  private  property  for  their
 32    designed  purpose  based  solely  on  the nonuse of the improvements for their
 33    designed purpose for a period of ten (10) years or less. Where an owner or his
 34    authorized agent permits or allows an approved or unlawful intervening use  of
 35    the owner's property, the provisions of this section are not applicable.
 36        (2)  If  the  nonuse continues for a period of one (1) year or longer, the
 37    city or county may, by written request, require that  the  owner  declare  his
 38    intention  with respect to the continued nonuse of the improvements in writing
 39    within twenty-eight (28) days of receipt of the request. If the  owner  elects
 40    to  continue  the nonuse, he shall notify the city or county in writing of his
 41    intention and shall post the property with notice of his  intent  to  continue
 42    the  nonuse of the improvements. He shall also publish notice of his intent to
 43    continue the nonuse in a the official newspaper of general circulation in  the
 44    county  where the property is located. If the property owner complies with the
 45    requirements of this subsection, his  right to use such  improvements  in  the
 46    future  for  their designed purpose shall continue, notwithstanding any change
 47    in the zoning of the property.
 48        (3)  The property owner may voluntarily elect to withdraw the use by  fil-
 49    ing with the clerk of the city or the county, as the case may be, an affidavit
 50    of withdrawn use. If the property is redesigned for a different use, the prop-
 51    erty  owner  shall  be  deemed  to have abandoned any grandfather right to the
 52    prior use of the property.
 53        (4)  For purposes of this section "designed purpose"  means  the  use  for
                                                                        
                                           74
                                                                        
  1    which  the improvements were originally intended, designed and approved pursu-
  2    ant to any applicable planning and zoning ordinances.
  3        (5)  The provisions of this section shall not be construed to  prohibit  a
  4    city  or a county from passing or enforcing any other law or ordinance for the
  5    protection of the public health, safety and welfare.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                            RS 14820
                                
The legislature directed that the Idaho Association of Counties,
Association of Idaho Cities, the Secretary of State, the Idaho Newspaper
Association and the Idaho Allied Dailies newspapers meet and review existing
public notice statutes.  These groups met 12 times during 2004 and early 2005
to conduct the first comprehensive review of all public notice statutes in the
last two decades.  The results of this comprehensive review are contained in
this legislation.  In basic terms, these groups updated all of Idaho's public
notice statutes to remove obsolete provisions, clarify intent and provide
consistency.  

This statute also raises the rate charged by the state's official
newspapers for publication of public notices required to be published by Idaho
law, by 14 percent, in two annual increase steps of 7% in FY 2005 and FY 2006. 
The rate increase adjusts for the inflationary increases to average publishing
costs since December 31, 1999, which is an estimated 15.8 percent among all
the state's newspapers.  The legislation also assures that all public notices
will be readable to all citizens with reasonable eyesight.  It also requires
that all state newspapers charge public and private advertisers the same
specified billing calculation.



                          FISCAL NOTE

 The estimated total cost statewide for publishing official notices by
state and local governments for fiscal year 2004 is one million, four hundred
thousand dollars ($1,400,000.00).  The seven percent FY 2005 increase in the
base costs of publication statewide is divided among government entity sectors
as follows:

                                         FY2004    Increase     FY2005
                                         Budget     Percent    Increase

State Government Agencies              $379,000.00   7.1%     $26,909.00
County Governments                     $365,000.00   7.1%     $25,915.00
City Governments                       $590,000.00   7.1%     $41,890.00
Other Government Entities              $ 70,000.00   7.1%     $ 4,970.00
     TOTAL                           $1,404,000.00   7.1%     $99,684.00




CONTACTS: Roy Eiguren     (Idaho Allied Dailies)                   388-1313
          Bob Hall        (Idaho Newspaper Association)            375-0733
          Maggie Colwell  (Idaho Association of Counties)          345-9126
          Ken Harward     (Association of Idaho Cities)            344-8594
          Tim Hurst       (Secretary of State's office)            334-2300
          Paula Wilson    (Idaho Dept of Environmental Quality)    373-0418





STATEMENT OF PURPOSE/FISCAL NOTE                                   H 256