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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
]]]] 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
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