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H0544.........................................by RESOURCES AND CONSERVATION
IRRIGATION DISTRICT ELECTIONS - Amends existing law relating to irrigation
district elections to provide that the number of votes be based on acres of
assessed land, if approved by a majority of electors; to provide
clarification for co-owners or multiple owners of parcels of land; and to
provide a procedure.
02/02 House intro - 1st rdg - to printing
02/03 Rpt prt - to Res/Con
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 61-4-5
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, Loertscher, Martinez, Mathews, McGeachin,
McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
Raybould, Ring, Roberts, Rusche, Rydalch, Sayler, Schaefer,
Shepherd(2), Shirley, Skippen, Smith(30), Smith(24), Snodgrass,
Stevenson, Trail, Wills, Mr. Speaker
NAYS -- LeFavour, Pence, Ringo, Smylie(Luker)
Absent and excused -- Brackett, Field(23), Sali, Shepherd(8), Wood
Floor Sponsor - Raybould
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Res/Env
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 19-14-2
AYES -- Brandt, Broadsword, Cameron, Coiner, Compton, Corder, Davis,
Fulcher, Gannon, Goedde, Hill, Jorgenson, Little, Lodge, McGee,
McKenzie, Pearce, Richardson, Williams
NAYS -- Andreason, Bunderson, Burkett, Burtenshaw, Darrington,
Geddes, Kelly, Keough, Langhorst, Malepeai, Stegner, Stennett, Sweet,
Werk
Absent and excused -- Marley, Schroeder
Floor Sponsor - Cameron
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed
03/23 Pres signed - To Governor
03/24 Governor signed
Session Law Chapter 200
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 544
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO IRRIGATION DISTRICT ELECTIONS; AMENDING SECTION 43-111, IDAHO
3 CODE, TO PROVIDE THAT THE NUMBER OF VOTES BE BASED ON ACRES OF ASSESSED
4 LAND IF APPROVED BY A MAJORITY OF ELECTORS AND TO PROVIDE CLARIFICATION
5 FOR CO-OWNERS OR MULTIPLE OWNERS OF PARCELS OF LAND; AND AMENDING SECTION
6 43-112, IDAHO CODE, TO PROVIDE A PROCEDURE FOR ELECTIONS IN IRRIGATION
7 DISTRICTS HAVING ADOPTED A VOTING SYSTEM WHERE VOTES ARE BASED ON ACRES OF
8 ASSESSED LAND AND TO MAKE TECHNICAL CORRECTIONS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 43-111, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 43-111. QUALIFICATIONS OF VOTERS -- VOTES BASED ON ASSESSED ACRES. (1) No
13 person shall be entitled to vote at any election held under the provisions of
14 this title for the purpose of electing directors, for the purpose of determin-
15 ing whether indebtedness shall be created or bonds issued by the district, or
16 for any other purpose, unless he shall possess all the qualifications required
17 of electors under the general laws of the state, and own land within the dis-
18 trict, or the proposed district, and be a resident of the county in which the
19 district, or a portion thereof, is located for a period of thirty (30) or more
20 days next preceding the election; provided that, in districts of fifteen thou-
21 sand (15,000) acres or less, the bylaws may, by resolution of two-thirds (2/3)
22 of the board and adoption by two-thirds (2/3) of the electors voting in a dis-
23 trict election conducted in accordance with the general election laws of the
24 state applicable to irrigation districts, set forth a provision allowing a
25 district landowner to vote, if the landowner possesses all the qualifications
26 required of electors under the general laws of the state and has resided
27 within fifteen (15) miles of the district for a period of at least thirty (30)
28 days prior to the election.
29 (2) After approval by a majority of the electors voting upon the issue in
30 a district election conducted using the elector criteria of subsection (1) of
31 this section, in subsequent district elections, a person having the qualifica-
32 tions described in subsection (1) of this section shall have the right to cast
33 one (1) vote for each acre of assessed land and a proportionate vote for each
34 fraction of an acre of assessed land owned by him within the district. Co-
35 owners or multiple owners of parcels of land shall cast no more than the total
36 number of votes represented by the acres or fraction of acres of assessed land
37 within the district.
38 SECTION 2. That Section 43-112, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 43-112. CONDUCT OF ELECTIONS. (1) Such election shall be conducted as
2
1 nearly as practicable in accordance with the general laws of the state: pro-
2 vided, no particular form of ballot shall be required, and that the provisions
3 of the election laws as to the form and distribution of ballots shall not
4 apply.
5 Said board of county commissioners shall establish one (1) or more elec-
6 tion precincts, not exceeding seven (7), as may be necessary, and define the
7 boundaries thereof, which boundaries, when the district is divided into pre-
8 cincts, shall be the same as the division boundaries above-provided for and
9 which said precincts may thereafter be changed by the board of directors of
10 such district as may be necessary: provided, that districts containing more
11 than ten thousand (10,000) acres shall have not less than three (3), nor more
12 than seven (7) voting precincts.
13 Said board shall also appoint three (3) judges of election for each such
14 election precinct, who shall perform the same duties as near as may be as
15 judges of election, under the general laws of the state.
16 (2) When an irrigation district has duly adopted the voting system set
17 forth in subsection (2) of section 43-111, Idaho Code, and a person seeks to
18 vote at any district election, following completion of an electors oath as
19 required by section 43-113, Idaho Code, one (1) of the judges of election
20 shall deliver to the elector the number of ballots for the votes the elector
21 is entitled to cast, as shown by the registrar's list of assessed lands within
22 the district.
STATEMENT OF PURPOSE
RS 15670
The purpose of this Legislation is to amend Idaho Code Sections
43-111 and 43-112, dealing with election procedures within
irrigation districts, to allow land owners within a district to
select an alternative form of voting. The amendments would
require a district-wide election under existing statutory voting
procedures before the method of voting could be changed. The
alternative form of voting, if adopted by the land owners within
a particular irrigation district, would provide for votes based
upon assessed acres owned within the irrigation district. No
change could be instituted without majority voter approval in a
duly noticed election of the irrigation district considering the
change.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Rep. John A. Stevenson
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 544