2005 Legislation
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HOUSE BILL NO. 311 – Ground water dist, directors

HOUSE BILL NO. 311

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Bill Status



H0311......................................................by STATE AFFAIRS
GROUND WATER DISTRICTS - Amends and adds to existing law relating to ground
water districts to provide for directors at large; and to clarify the total
number of directors a district may have at any time.
                                                                        
03/09    House intro - 1st rdg - to printing
03/10    Rpt prt - to Res/Con
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/23    Ret'd to Res/Con

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 311
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5219, IDAHO  CODE,  TO
  3        REDESIGNATE THE SECTION; AMENDING SECTION 42-5220, IDAHO CODE, TO REDESIG-
  4        NATE THE SECTION; AMENDING SECTION 42-5221, IDAHO CODE, TO REDESIGNATE THE
  5        SECTION; AMENDING SECTION 42-5222, IDAHO CODE, TO REDESIGNATE THE SECTION;
  6        AND  AMENDING  CHAPTER  52, TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW
  7        SECTION 42-5219, IDAHO CODE, TO PROVIDE FOR  DIRECTORS  AT  LARGE  AND  TO
  8        CLARIFY THE TOTAL NUMBER OF DIRECTORS A DISTRICT MAY HAVE AT ANY TIME.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 42-5219, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        42-52198A.  WHEN ELECTION NOT REQUIRED. In any election for directors  if,
 13    after the expiration of the date for filing written nominations for the office
 14    of  director,  it appears that only one (1) qualified candidate has been nomi-
 15    nated thereby for each position to be filled, it shall  not  be  necessary  to
 16    hold an election, and the board of directors shall, within five (5) days after
 17    expiration  of the date for filing written nominations, declare such candidate
 18    elected as director. The procedure set forth in this section shall  not  apply
 19    to any other district election.
                                                                        
 20        SECTION  2.  That  Section 42-5220, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        42-522018B.  NOTICE OF ELECTION. The secretary of the district shall  give
 23    notice of all elections in the district by posting the same in five (5) public
 24    places  in  each county in which a part of the district is situated and in the
 25    office of the board of directors at least four (4) weeks  before  the  day  of
 26    such  election,  or by publication of the notice once a week for four (4) suc-
 27    cessive weeks in a newspaper or newspapers published in each of said  counties
 28    or in a newspaper of general circulation therein. Notices shall state the time
 29    of the election and the location of polling places within the district and the
 30    directors  to  be  elected or other question to be voted upon, as the case may
 31    be.
                                                                        
 32        SECTION 3.  That Section 42-5221, Idaho Code, be, and the same  is  hereby
 33    amended to read as follows:
                                                                        
 34        42-52218C.  CONDUCT  OF  ELECTIONS.  The  election  shall  be conducted as
 35    nearly as practicable in accordance with the general laws of the  state;  pro-
 36    vided  that  no particular form of ballot shall be required and the provisions
 37    of the election laws as to the form and  distribution  of  ballots  shall  not
 38    apply  and each ballot must indicate the number of cubic feet per second asso-
 39    ciated with the ballot cast. The board of directors  shall  designate  polling
                                                                        
                                           2
                                                                        
  1    places  in such number as it may deem necessary. At least ten (10) days before
  2    the holding of any election, the board shall appoint  three  (3)  electors  to
  3    serve  as  judges  of election at each polling place. The judges shall perform
  4    the same duties as near as may be, as judges of  election  under  the  general
  5    laws  of  the  state.  Immediately  after the election, the judges of election
  6    shall  forward the official results to the secretary of the district.
                                                                        
  7        SECTION 4.  That Section 42-5222, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        42-522218D.  CANVASS  OF  RETURNS  -- DECLARATION OF WINNERS. On the first
 10    Monday after each election, or at a time designated by the board of directors,
 11    the board shall meet at its usual place of meeting and proceed to canvass  the
 12    returns.  By order entered on its minutes, the board shall declare elected the
 13    person or persons having the highest number of votes for each office.
                                                                        
 14        SECTION 5.  That Chapter 52, Title 42, Idaho Code, be,  and  the  same  is
 15    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 16    ignated as Section 42-5219, Idaho Code, and to read as follows:
                                                                        
 17        42-5219.  DIRECTORS AT LARGE. In the event a district is divided into  six
 18    (6) or fewer divisions, the district is authorized to elect one (1) to two (2)
 19    directors  at large. Directors at large shall be elected at the annual meeting
 20    of the district by a two-thirds (2/3) majority of the members present  at  the
 21    meeting.  Every  director  at large elected pursuant to the provisions of this
 22    section shall be a ground water user in the district. Directors at large shall
 23    hold office for a term of two (2) years, or until their successors are elected
 24    and qualified. Provided however, that in no event shall a district  have  more
 25    than a total of seven (7) directors serving at any time whether elected pursu-
 26    ant to the provisions of section 42-5218, Idaho Code, or pursuant to this sec-
 27    tion.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15124

The purpose of this legislation, pursuant to chapter 54, title
42, Idaho Code, is to allow two directors-at-large to be elected
by a 2/3 majority at the annual meeting of the Ground Water
District. This would allow broader decision-bases in those
districts not having demographics to support seven directors.



                           FISCAL NOTE

Enactment of this legislation will have no effect upon the
state's general fund or other state of local funds.




Contact
Name:  Representative John A. Stevenson 
Phone: 332-1000
Name:  Lynn Tominaga, Idaho Ground Water Appropriators, Inc.
Phone: 381-0294


STATEMENT OF PURPOSE/FISCAL NOTE                     H 311