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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
]]]] 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.
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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
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