2006 Legislation
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HOUSE BILL NO. 544 – Irrigation dist elections, acreage

HOUSE BILL NO. 544

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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