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H0622......................................................by STATE AFFAIRS
OFFICIAL NOTICES - NEWSPAPERS - Amends, repeals and adds to existing law to
revise notice publication requirements; and to revise provisions applicable
to rates for official notices.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 622 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 AND 22-2405, IDAHO CODE, TO REVISE NOTICE 8 PUBLICATION REQUIREMENTS; AMENDING SECTIONS 22-3604 AND 22-3704, IDAHO 9 CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS AND TO MAKE TECHNICAL COR- 10 RECTIONS; AMENDING SECTIONS 22-4301 AND 27-106, IDAHO CODE, TO REVISE 11 NOTICE PUBLICATION REQUIREMENTS; AMENDING SECTIONS 27-112 AND 27-118, 12 IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS AND TO MAKE TECHNI- 13 CAL CORRECTIONS; AMENDING SECTIONS 27-126, 31-202, 31-407 AND 31-808, 14 IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS; AMENDING SECTIONS 15 31-819 AND 31-903, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS 16 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS 31-1003, 31-1404 AND 17 31-1411, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS; AMENDING 18 SECTION 31-1411A, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS 19 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTIONS 31-1417A, 31-1419A 20 AND 31-1427, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS; AMEND- 21 ING SECTION 31-1435, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS 22 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 31-1604, IDAHO CODE, 23 TO REVISE NOTICE PUBLICATION REQUIREMENTS AND TO REVISE TERMINOLOGY; 24 REPEALING SECTION 31-2306, IDAHO CODE, RELATING TO JOINT STATEMENT BY 25 AUDITOR AND TREASURER; AMENDING SECTION 31-3601, IDAHO CODE, TO REVISE 26 NOTICE PUBLICATION REQUIREMENTS AND TO MAKE A TECHNICAL CORRECTION; AMEND- 27 ING SECTIONS 31-3616A, 31-3908, 31-4118, 31-4304, 31-4330, 31-4505 AND 28 31-4510, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS; AMENDING 29 SECTION 31-4701, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS AND 30 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 34-602, IDAHO CODE, TO 31 REVISE NOTICE PUBLICATION REQUIREMENTS; AMENDING SECTIONS 34-1405 AND 32 38-505, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS AND TO MAKE 33 TECHNICAL CORRECTIONS; AMENDING SECTION 38-809, IDAHO CODE, TO REVISE 34 NOTICE PUBLICATION REQUIREMENTS; AMENDING SECTIONS 38-1017, 38-1020 AND 35 38-1025, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS AND TO MAKE 36 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 SECTION 50-1752, IDAHO CODE, TO REVISE 2 NOTICE PUBLICATION REQUIREMENTS AND TO MAKE TECHNICAL CORRECTIONS; AMEND- 3 ING SECTION 50-2006, IDAHO CODE, TO REVISE NOTICE PUBLICATION REQUIRE- 4 MENTS; AMENDING SECTIONS 50-2008, 50-2011 AND 50-2012, IDAHO CODE, TO 5 REVISE NOTICE PUBLICATION REQUIREMENTS AND TO MAKE TECHNICAL CORRECTIONS; 6 AMENDING SECTIONS 50-2202, 50-2605, 50-2718 AND 50-2906, IDAHO CODE, TO 7 REVISE NOTICE PUBLICATION REQUIREMENTS; AMENDING SECTION 60-105, IDAHO 8 CODE, TO REVISE PROVISIONS APPLICABLE TO RATES FOR OFFICIAL NOTICES AND TO 9 MAKE A TECHNICAL CORRECTION; REPEALING SECTION 60-106, IDAHO CODE, RELAT- 10 ING TO QUALIFICATIONS OF NEWSPAPERS PRINTING LEGAL NOTICES; AMENDING CHAP- 11 TER 1, TITLE 60, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 60-106, 12 IDAHO CODE, TO SET FORTH REQUIREMENTS FOR LEGAL NOTICES AND QUALIFICATIONS 13 OF NEWSPAPERS PRINTING LEGAL NOTICES; AND AMENDING SECTIONS 63-810, 14 63-1005, 63-1102, 67-913, 67-2321, 67-2323, 67-6509 AND 67-6538, IDAHO 15 CODE, TO REVISE NOTICE PUBLICATION REQUIREMENTS. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 18-8324, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 18-8324. DISSEMINATION OF REGISTRY INFORMATION. (1) The department shall 20 disseminate any registration information collected under this chapter, includ- 21 ing change of address notification, to criminal justice agencies through the 22 public safety and security information system established in section 19-5202, 23 Idaho Code. Registry information provided under this section shall be used 24 only for the administration of criminal justice or for the protection of the 25 public as permitted by this chapter. 26 (2) The department shall provide quarterly to the superintendent of pub- 27 lic instruction and to the director of the department of health and welfare a 28 list of all sexual offenders required to register with the central registry 29 together with the address, date of birth and crime of conviction for each 30 offender listed. The superintendent may further distribute the list or por- 31 tions thereof to school districts or to schools. 32 (3) The department shall release quarterly to the public a list of 33 offenders thirty (30) days or more delinquent in maintaining registration or 34 address verification. Offenders subject to being listed include those who have 35 failed: 36 (a) To register with a sheriff after initial registration under section 37 18-8307, Idaho Code; 38 (b) To register annually as required in section 18-8307, Idaho Code; and 39 (c) To respond to an address verification notice as required in section 40 18-8308, Idaho Code. 41 (4) The department shall include a cautionary statement relating to com- 42 pleteness, accuracy and use of registry information when releasing information 43 to the public or noncriminal justice agencies as well as a statement concern- 44 ing the penalties provided in section 18-8326, Idaho Code, for misuse of reg- 45 istry information. 46 (5) Information released pursuant to this section may be used only for 47 the protection of the public. 48 (6) Further dissemination of registry information by any person or entity 49 shall include the cautionary statements required in subsection (4) of this 50 section. 51 (7) Upon registration in a county of a person classified as a violent 52 sexual predator presenting a high risk of reoffense by the Idaho sex offender 3 1 classification board, or an equivalent classification in another state, the 2 sheriff shall publish inathe official newspaperin general circulation3withinof the county once a week for three (3) consecutive weeks, the name, 4 address, photograph of said person and offense the offender has committed 5 within thirty (30) days of registration. The sheriff shall charge a fee of 6 fifty dollars ($50.00) in addition to any other fees authorized by this chap- 7 ter to be paid by the sex offender to offset the cost of publication. 8 SECTION 2. That Section 21-504, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 21-504. PROCEDURE FOR ZONING AN AVIATION HAZARD AREA. No aviation hazard 11 shall be zoned or an existing zoning amended or changed by the department 12 except after a public hearing in relation thereto, at which hearing parties in 13 interest and any citizen shall have an opportunity to be heard. At least fif- 14 teen (15) days' notice of such hearing shall be published inathe official 15 newspaper ofgeneral circulation printed inthe county in which such aviation 16 hazard is situated and if there be no such newspaper, then by posting a copy 17 of the notice in three (3) of the most public places in the county. 18 The notice shall refer all persons interested to the maps of the area 19 involved and the proposed regulations on file with the county recorder of the 20 county in which the airport is located. The date, time and place of the hear- 21 ings shall also be set forth in the notice. At such hearing all persons inter- 22 ested may appear either in person, in writing or by counsel and make any 23 objections they may have to the proposed regulations. The director shall pre- 24 side at the hearing and a record of all objections filed shall be kept on file 25 in the office of the director. The meeting may be continued from day to day to 26 permit all who appear on the day of the hearing adequate time to be heard and 27 the proposed regulations may at the conclusion of the hearing be declared 28 adopted by the director or he may amend the regulations by lessening the 29 requirements contained therein and declare the amended regulations adopted but 30 the director shall not increase the regulations without repeating the notice 31 provided for by this section. After the regulations have been adopted copies 32 thereof and copies of the maps corrected to reflect the regulations as 33 approved by the director shall be permanently filed with the county recorder 34 of the county in which the airport or any part thereof is situated. 35 SECTION 3. That Section 21-805B, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 21-805B. WITHDRAWAL FROM EXISTING AUTHORITY -- ELECTION -- INDEBTEDNESS 38 APPORTIONMENT -- TRUSTEE REPRESENTATION. Subsequent to the organization of a 39 regional airport authority, the electors of any county which has joined the 40 regional airport authority may call for an election to have such county with- 41 draw from the authority in the manner, and subject to the provisions, herein 42 in this section provided: 43 (1) Such election for withdrawal may be called for by the submission to 44 the board of trustees of the regional airport authority of petitions contain- 45 ing the statements and information hereinafter set forth, signed by not less 46 than five percent (5%) of the qualified electors of each county which is a 47 member of the authority, as defined in section 34-402, Idaho Code, existing as 48 of the date of submission of such petitions to the county clerks for verifica- 49 tion as hereinafter provided. 50 (2) Prior to submitting such petition for withdrawal to the board of 51 trustees of the regional airport authority, the electors submitting such peti- 4 1 tion shall obtain from the county clerks of each county which is a member of 2 the authority, and submit to the board of trustees with such petitions, a ver- 3 ification of the validity of the signatures upon such petitions; a verifica- 4 tion as to which of such signatures are those of electors qualified in accor- 5 dance with the provisions of section 34-402, Idaho Code, at the time of the 6 submission of the petition; and a certification as to the total number of 7 qualified electors existing in the county as of the date of the submission of 8 such petition to the clerk. 9 (3) The petitions submitted shall specify the county whose withdrawal 10 from the authority is sought, and shall contain the names, addresses and 11 dates of signing of each of the electors signing such petition, and the fol- 12 lowing statements: that the persons signing are bona fide residents of a 13 county within the authority and electors qualified under the provisions of 14 section 34-402, Idaho Code; that the persons signing desire to have an elec- 15 tion held to determine whether or not the county specified in the petition 16 should withdraw from the regional airport authority; and that the persons 17 signing understand that if such withdrawal should become effective following 18 an election, the taxpayers and property of the county withdrawing would remain 19 liable following such withdrawal for that county's proportionate share of all 20 bonded, warrant, and other indebtedness incurred by the regional airport 21 authority prior to the time of such withdrawal as determined by the board of 22 trustees in accordance with the provisions herein provided. 23 (4) Upon receiving such petitions and the verifications and certifica- 24 tions from the county clerks of each county which is a member of the author- 25 ity, the board of trustees shall, at its next regularly scheduled meeting, 26 determine the percentage that the assessed valuation of the county whose with- 27 drawal is petitioned bears to the total assessed valuation figures utilized in 28 the authority's most recentad valoremproperty budget certification, and 29 shall forward such petitions, county clerks' verifications and certifications, 30 and assessed valuation percentage determination to the Idaho transportation 31 department with a request that the Idaho transportation department enter an 32 order directing the board of county commissioners of each county which is a 33 member of the authority to hold an election for the purpose of determining 34 whether or not the withdrawal petitioned for should be approved or disap- 35 proved. 36 (5) Upon receipt of such petitions, county clerks' verifications and cer- 37 tifications, assessed valuation percentage computation, and request from the 38 regional airport authority, the Idaho transportation department shall, within 39 ten (10) days of receipt thereof, enter and forward to the board of county 40 commissioners of each county which is a member of the authority an order 41 directing such boards of county commissioners to conduct an election within 42 their counties, in the manner herein described, to determine whether or not 43 such withdrawal from the regional airport should be approved, and to canvass 44 the returns thereof, and to certify the results of such canvass to the Idaho 45 transportation department and the regional airport authority. Such order shall 46 direct that such election shall be held on the next election held as provided 47 in section 34-106, Idaho Code, following such order; shall specify the amount 48 of the existing regional airport authority indebtedness for which the county 49 will remain liable should withdrawal be approved; and shall order that such 50 information be set forth on the notice of election and ballot to be prepared 51 by the counties. 52 (6) Upon receipt of such order from the Idaho transportation department, 53 the county commissioners of each county which is a member of the authority 54 shall enter an order directing that an election shall be held on the next 55 election held as provided in section 34-106, Idaho Code, following the order 5 1 from the Idaho transportation department to determine whether or not the with- 2 drawal from the regional airport authority petitioned for should be approved. 3 Such election shall thereafter be conducted as provided in chapter 14, title 4 34, Idaho Code, by the county commissioners and notice thereof shall be pub- 5 lished inathe official newspaper ofgeneral circulation withinthe county 6 once not less than twelve (12) days prior to the election, and a second time 7 not less than five (5) days preceding the holding of the election. The notice 8 shall specify that the purpose thereof is to determine whether or not the 9 county specified in the petition should withdraw from the regional airport 10 authority; shall designate the polling places within the county where elec- 11 tors may vote upon such question; shall specify the times during which the 12 polling places will be open; shall specify that persons wishing to vote must 13 possess the qualifications of electors as set forth in section 34-402, Idaho 14 Code; and shall state that if such withdrawal becomes effective, the taxpayers 15 and property of the county whose withdrawal is approved shall remain liable 16 following such withdrawal for the percentage of all bonded, warrant, and other 17 indebtedness of the regional airport authority determined by the board of 18 trustees and certified to the Idaho transportation department as hereinabove 19 provided, existing as of the date of such election. The county commissioners 20 shall arrange for such polling places; appoint the necessary election judges 21 and other personnel required to conduct such election; and shall conduct such 22 election at the time and at the polling places specified in the notice 23 thereof. At its next regularly scheduled meeting following the holding of such 24 election the boards of county commissioners shall canvass and certify the 25 results thereof to the Idaho transportation department and the regional air- 26 port authority. All costs and expenses incurred in conducting such election 27 shall be paid by the counties conducting such election. 28 (7) The ballot used in such election shall indicate the percentage of the 29 existing liability of the authority for which the county taxpayers and prop- 30 erty of the withdrawing county shall remain liable if withdrawal from the 31 authority is approved, and the question to be submitted to the voters by such 32 ballot shall be whether or not the county specified should withdraw from the 33 regional airport authority, and shall be followed by a box in which the voter 34 may express his choice, either yes or no, by marking an "X" in the appropri- 35 ately designated box. 36 (8) If a majority of the voters voting at such election shall vote in the 37 affirmative for the withdrawal of the county from the regional airport author- 38 ity, the board of trustees of the regional airport authority at their next 39 regular meeting following certification of such election results to them by 40 the boards of county commissioners, shall determine the total amount of all 41 bonded, warrant, and other indebtedness of the authority existing as of the 42 date of such election, and shall certify the amounts of all such 43 indebtednesses, and to whom owed, to the Idaho transportation department 44 within ten (10) days following such meeting. If the certifications from the 45 boards of county commissioners shall indicate that a majority of the voters 46 voting at such election voted in the negative on the question of whether such 47 counties should withdraw from the authority, the board of trustees need not 48 make such determination or certification to the Idaho transportation depart- 49 ment. 50 (9) If the Idaho transportation department receives a certification from 51 the boards of county commissioners that such election has been held, that the 52 votes thereof have been canvassed, and that a majority of the persons voting 53 at such election have voted in the affirmative to have such county withdraw 54 from the regional airport authority, the Idaho transportation department shall 55 upon receipt of certification from the board of trustees of the regional air- 6 1 port authority of the amount of bonded, warrant, and other indebtedness of the 2 authority existing as of the date of such election, enter and deliver to the 3 board of county commissioners of each county which is a member of the author- 4 ity and the board of trustees of the regional airport authority an order that 5 the electors having voted in the affirmative for such withdrawal, the county 6 specified is detached from the regional airport authority. Such order shall 7 further itemize the total bonded, warrant, and other indebtedness of the 8 regional airport authority existing as of the date of such election, and shall 9 order that the county detached from the authority is, and shall remain, liable 10 for the percentage of such indebtedness previously determined by the order of 11 the Idaho transportation department ordering such election, and such detached 12 county shall thereafter remain liable to the regional airport authority for 13 the amount determined by applying the percentage so determined to the existing 14 indebtedness so determined. 15 (10) Notwithstanding the detachment of such county from the regional air- 16 port authority, the board of trustees of the regional airport authority shall 17 annually thereafter, until the full amount owing by such detached county is 18 paid, determine and certify annually to the board of county commissioners of 19 such detached county the dollar amount necessary to be raised by an ad valorem20 property tax on all property within the county to pay such detached county's 21 share of all bonded, warrant, and other indebtedness existing as of the date 22 of the election approving such detachment as herein set forth. The county com- 23 missioners of such detached county shall thereafter compute the amount ofad24valoremproperty tax necessary to raise the amount so certified and shall levy 25 and collect such tax in the same manner as otherad valoremproperty taxes 26 levied by the county. After such detachment the detached county and the prop- 27 erty therein shall not be subject to taxation by the regional airport author- 28 ity for the future operations of the regional airport authority or for the 29 repayment of any indebtedness incurred by the authority subsequent to the date 30 of the election approving such detachment. 31 (11) Nothing in thisactchapter shall be construed as impairing the 32 validity of any bonds or warrants of the regional airport authority outstand- 33 ing at the time of the detachment of any county therefrom pursuant to the pro- 34 visions of this section; nor shall the detachment of any county from the 35 regional airport authority pursuant to the provisions of this section in any 36 way affect the rights of holders of general obligation bonds issued by the 37 regional airport authority at any time when the detached county was a partici- 38 pating member of the regional airport authority. 39 (12) From and after entry of the order of detachment by the Idaho trans- 40 portation department the office of trustee of any trustee elected from a leg- 41 islative district lying wholly within such detached county shall terminate, 42 and the trustee occupying such office shall thereafter have no authority to 43 sit as a member of the board of trustees of the authority. Any trustee 44 elected from a legislative district lying partly within such detached county 45 and partly within other counties remaining within the authority shall retain 46 his office as a member of the board of trustees of the authority, but shall 47 from the date of the entry of the order by the Idaho transportation department 48 ordering such detachment represent only that area in the legislative district 49 from which he was elected which lies within counties remaining in the author- 50 ity after such detachment. 51 SECTION 4. That Section 22-201, Idaho Code, be, and the same is hereby 52 amended to read as follows: 53 22-201. CREATION OF COUNTY FAIR BOARDS. County fair boards for the pur- 7 1 pose of conducting county fairs may be created in the following manner: A 2 petition signed by at least five (5) and not more than ten (10) persons, each 3 of whom must be a qualified elector of the county may be filed with the clerk 4 of the board of county commissioners of any county. Upon receipt of such peti- 5 tion the board of county commissioners shall immediately cause the clerk to 6 give notice by publication inathe official newspaper ofgeneral circulation7printed withinthe county, for not less than two (2) weeks, to the effect that 8 a petition for the creation of a county fair board has been filed with the 9 clerk of the board of county commissioners and that a hearing on the petition 10 will be held by the board of county commissioners on a date named in such 11 notice not less than three (3) nor more than six (6) weeks from the date of 12 the first publication of such notice. 13 Whenever a county has conducted a county fair for at least two (2) consec- 14 utive years immediately prior to the enactment of thisactchapter, it shall 15 not be necessary to file a petition, but in such case the board of county com- 16 missioners may cause the clerk to publish a notice inathe official newspaper 17 ofgeneral circulation printed withinthe county, for at least two (2) weeks, 18 to the effect that it is the intention of the board of county commissioners of 19 such county to create a county fair board for the purpose of conducting a 20 county fair in accordance with the provisions of thisactchapter, and that a 21 hearing on the same will be held by the board of county commissioners on a 22 date named in such notice not less than three (3) nor more than six (6) weeks 23 from the date of the first publication of such notice. 24 SECTION 5. That Section 22-302, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 22-302. CANVASS OF PETITIONS -- ORDER ON PETITION -- JOINT MEETING OF 27 COUNTY BOARDS. The respective boards shall meet in their respective counties 28 on the day fixed and canvass the petitions, and ascertain that they are signed 29 by the requisite number of voters, and that they are in due form. Any voter 30 within the county may appear and object to the form of petition or the genu- 31 ineness of the signatures, or that the required number of voters have failed 32 to sign. If the board finds that the petition is in due form, signed by the 33 required number of bona fide voters, an order shall be made declaring that it 34 is the wish of the voters of the county to form a fair district, comprising 35 the respective counties named in the petition, and directing the clerk of the 36 board of county commissioners to so inform the clerk of each of the other 37 county boards of commissioners, and to arrange for a time and place for a 38 joint meeting of the respective boards. 39 The clerk of the board shall thereupon inform, by writing, the clerks of 40 each of the other boards, and suggest a time and place for a joint meeting. By 41 a majority vote the clerks shall fix the time and place, and notify the com- 42 missioners. Notice of such joint meeting shall be published for two (2) weeks 43 inathe official newspaperinof each county. The meeting shall be not less 44 than two (2) weeks nor more than four (4) weeks from the date of the clerks' 45 agreement. 46 SECTION 6. That Section 22-1202, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 22-1202. POTATO COMMISSION CREATED. There is hereby created and estab- 49 lished in the department of self-governing agencies the "Idaho potato commis- 50 sion" to be composed of nine (9) practical potato persons, resident citizens 51 of the state of Idaho for a period of three (3) years prior to their appoint- 8 1 ment each of whom has had active experience in growing, or shipping, or proc- 2 essing of potatoes produced in the state of Idaho. At least five (5) members 3 of said commission shall be growers who are actually now engaged in the pro- 4 duction of potatoes. Two (2) of the members shall be shippers who are actually 5 now engaged in the shipping of potatoes, and two (2) of the members shall be 6 processors who are actually now engaged in the processing of potatoes. The 7 qualifications for members of said commission as above required shall continue 8 throughout their respective terms of office. Three (3) growers shall be nomi- 9 nated for each grower vacancy that occurs, from which the governor shall 10 appoint one (1). Two (2) grower commissioners shall be appointed from the dis- 11 trict known as District No. 1, consisting of the counties of Oneida, Franklin, 12 Bear Lake, Caribou, Bannock, Power, Bingham, Bonneville, Teton, Madison, Jef- 13 ferson, Fremont, Clark, Butte, Custer, and Lemhi; one (1) grower commissioner 14 shall be appointed from the district known as District No. 2A, consisting of 15 the counties of Twin Falls, Jerome, Lincoln, Camas, Elmore, Boise, Valley, and 16 Gooding; one (1) grower commissioner shall be appointed from the district 17 known as District No. 2B, consisting of the counties of Cassia, Minidoka, 18 Blaine, Custer and Lemhi; and one (1) grower commissioner shall be appointed 19 from the district known as District No. 3, consisting of the counties of Owy- 20 hee, Ada, Canyon, Gem, Payette, Washington, Adams, Idaho, Lewis, Nez Perce, 21 Clearwater, Latah, Benewah, Shoshone, Kootenai, Bonner, and Boundary. Three 22 (3) shippers shall be nominated for each shipper vacancy that occurs from 23 which the governor shall appoint one (1). Shipper commissioners do not neces- 24 sarily need to be nominated from geographical areas. Three (3) processors 25 shall be nominated for each processor vacancy that occurs from which the gov- 26 ernor shall appoint one (1). Processor commissioners do not necessarily need 27 to be nominated from geographical areas. Nominations must be made thirty (30) 28 days prior to appointment. All nominations must give equal consideration to 29 all who are eligible for appointment as defined in this act. The Idaho potato 30 commission shall hold separate meetings of the growers, shippers, or proces- 31 sors, as the nominations to be made shall require, in the various districts, 32 to determine who shall be nominated for appointment. Notice of said meetings 33 shall be given by publication inone (1)the official newspaperpublished in34 of each county of the district or districts in which said nominations are to 35 be made, and the notice shall be published in two (2) issues of each news- 36 paper, the first to be approximately thirty (30) days and the second approxi- 37 mately ten (10) days before said meeting. The notice shall state the purpose, 38 time and place of said meeting. All meetings held for the selection of nomi- 39 nees shall be held prior to March 31 of the year the appointment or appoint- 40 ments are to be made. 41 The term of office shall be three (3) years and no commissioner shall 42 serve more than two (2) consecutive terms. The commissioners shall elect a 43 chairman for a term of one (1) year. 44 Vacancies shall be filled as terms expire. Each of such commissioners 45 shall hold office until his successor has been appointed and qualified. The 46 term of office shall commence on September 15 of the year of appointment and 47 expire on September 14 of the last year of the term of office. 48 A majority of the members of said commission shall constitute a quorum for 49 the transaction of all business and the carrying out of the duties of said 50 commission. Before entering on the discharge of their duties as members of 51 said commission, each member shall take and subscribe to the oath of office 52 prescribed for state officers. 53 Each member of the commission shall be compensated as provided by section 54 59-509(j), Idaho Code, provided however, that compensation paid to members of 55 the commission from and after April 1, 1992, shall not be considered salary as 9 1 defined in section 59-1302(31), Idaho Code. 2 SECTION 7. That Section 22-2405, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 22-2405. COUNTY DUTIES. (1) The county control authority shall: 5 (a) Carry out the duties and responsibilities vested in the county under 6 this chapter and rules prescribed by the director; and 7 (b) Establish and maintain a coordinated program for control of noxious 8 weeds in the county; employ a county weed superintendent, who may be a 9 superintendent for more than one (1) county and who shall be qualified to 10 detect and treat noxious weeds; and 11 (c) Designate one (1) of its members as the liaison between the county 12 weed superintendent and the county commissioners; and 13 (d) Provide operational and educational funds for the county weed super- 14 intendent; and 15 (e) Be authorized to initiate cooperative agreements with other agencies 16 or counties for the designation of or participation in cooperative weed 17 management areas for control of noxious weeds. 18 (2) A general notice for control of noxious weeds shall be published 19 between March 1 and April 30, inathe official newspaper ofgeneral circula-20tion withinthe county. The notice shall contain the list of noxious weeds 21 and identify those known to be in the county, and shall stipulate the obliga- 22 tion to control. Failure to publish the notice for control or serve individual 23 notices herein provided does not relieve any person from full compliance with 24 this chapter thereunder. In all cases said published notice shall be deemed 25 legal and sufficient notice. 26 (3) Whenever any county finds it necessary to secure more prompt or defi- 27 nite control of noxious weeds than is accomplished by the general notice, it 28 shall cause individual notices on a form prescribed by the director to be 29 served upon the landowner and where possible on the operator of the land giv- 30 ing specific instructions when and how certain named noxious weeds are to be 31 controlled. The individual notice shall also contain information concerning 32 the right to appeal pursuant to section 22-2408, Idaho Code. Individual 33 notices shall be applicable only to the current growing season. 34 (4) Whenever the landowner of any nonfederal land on which noxious weeds 35 are present has neglected or failed to initiate control as required pursuant 36 to this chapter within five (5) working days from receipt of an individual 37 notice given pursuant to this section, the county having jurisdiction shall 38 have proper control methods used on such land, including necessary destruction 39 of crops, and shall advise the landowner of the cost incurred in connection 40 with such operation. The cost of any such control shall be at the expense of 41 the landowner. If the costs have not been paid to the control authority within 42 sixty (60) days, the control authority may direct that suit be brought in a 43 court of competent jurisdiction for the unpaid charges. On private lands, if 44 unpaid for sixty (60) days or longer the amount of such expense shall become a 45 lien upon the property; and thereafter the lien shall be subject to collection 46 by the county by sale of the property in the same manner as for delinquent 47 taxes. Nothing contained in this section shall be construed to require satis- 48 faction of the imposed obligation by the sale of property or to bar the appli- 49 cation of any other available remedy. 50 (5) Amounts collected under the provisions of this section shall be 51 deposited to the noxious weed fund of the county and shall be accounted for as 52 prescribed by the county auditor. Disbursements from the noxious weed fund 53 shall be made only for noxious weed control purposes. 10 1 (6) The county weed superintendent shall: 2 (a) Examine all land within the county for the purpose of determining 3 whether the provisions of this chapter and rules of the director have been 4 complied with; and 5 (b) Compile data and submit reports as the director or county may 6 require; and 7 (c) Implement enforcement action as outlined in this chapter; and 8 (d) Consult, advise and provide direction on matters pertaining to the 9 most effective and most practical methods of noxious weed control; and 10 (e) Investigate or aid in the investigation and prosecution of any viola- 11 tion of the provisions of this chapter; and 12 (f) Meet certification requirements as prescribed by the regulations of 13 the director; and 14 (g) Make recommendations regarding establishment of special management 15 zones; and 16 (h) Make recommendations regarding establishment of cooperative weed man- 17 agement areas; and 18 (i) Participate on weed control advisory committees to develop and imple- 19 ment noxious weed control strategies for cooperative weed management 20 areas, at the discretion of the county weed control authority. 21 SECTION 8. That Section 22-3604, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 22-3604. COMMISSION MEMBERS -- NOMINATION AND APPOINTMENT. Grower and 24 dealer members of the commission shall be selected as follows: 25 (a) Two (2) grower members shall be nominated for each grower vacancy 26 that occurs, from which the governor shall appoint one (1). The first nominees 27 shall be nominated in the following manner: The apple committee of the Idaho 28HhorticulturalSsociety shall conduct meetings in each of the three (3) dis- 29 tricts referred to in section 22-3603, and at such meetings the growers shall 30 nominate two (2) growers for each district. The apple committee of the Idaho 31HhorticulturalSsociety shall call a general meeting of the Idaho apple deal- 32 ers of the state of Idaho at such time and place as shall be decided by the 33 committee for the purpose of nominating four (4) dealers, representative of 34 the three (3) districts defined insubparagraphssubsections (6), (7) and (8) 35 of section 22-3603. Notice of the meetings for the nomination of growers shall 36 be by publication inone (1)the official newspaperpublished inof the major 37 apple producing county of the district in which said nominations are to be 38 made, and the notice shall be published in two (2) issues of such newspaper, 39 the first to be approximately thirty (30) days and the second approximately 40 ten (10) days before said meeting. The notice shall state the purpose, time 41 and place of said meeting. All meetings held for the selection of nominees 42 shall be held prior to March 31stof the year the appointment or appointments 43 are to be made. 44 (b) After the original appointments to the commission all subsequent 45 appointments shall be conducted in the same manner, except that the meetings 46 shall be called and conducted by the commission. 47 (c) The governor shall select from the nominees for each district one (1) 48 grower member and from the four (4) nominees for dealers, two (2) members, as 49 required by thisactchapter. 50 (d) The governor shall appoint five (5) persons to the commission based 51 upon the nominating petitions. Three (3) shall be growers and two (2) shall be 52 dealers, but each dealer-nominee must be from a different district. 53 The first members of the commission shall draw lots to determine their 11 1 respective terms of office. Two (2) of the original members shall serve for 2 one (1) year; two (2) of the original members shall serve for two (2) years; 3 and one (1) of the original members shall serve for three (3) years. The term 4 of office of members of the commission thereafter shall be three (3) years, 5 commencing on July 1, 1966. Provided, however, that both dealer members of the 6 commission terms of office shall not expire during the same year. 7 Members of the commission may not serve more than two (2) consecutive 8 terms. Provided, upon serving two (2) consecutive terms, and the lapse of one 9 (1) full term, such member may again be nominated and appointed to the commis- 10 sion. 11 In the event there are vacancies in the commission, through death, resig- 12 nation or removal, it shall be the duty of the growers and dealers as provided 13 in this section22-3604,to submit to the governor at least two (2) qualified 14 names for each grower vacancy, and two (2) qualified names for each dealer 15 vacancy for the district in which the vacancy occurred. The governor shall 16 make the appointment or appointments to fill the vacancy. 17 SECTION 9. That Section 22-3704, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 22-3704. COMMISSION MEMBERS -- NOMINATION AND APPOINTMENT. Grower and 20 dealer members of the commission shall be selected as follows: 21 (a) Two (2) grower members shall be nominated for each grower vacancy 22 that occurs from which the governor shall appoint one (1). The first nominees 23 shall be nominated in the following manner: The cherry committee of the Idaho 24HhorticulturalSsociety shall conduct meetings in each of the two (2) dis- 25 tricts referred to in section 22-3703, Idaho Code, and at such meetings the 26 growers shall nominate two (2) growers for each district and one (1) addi- 27 tional grower at large. The cherry committee of the IdahoHhorticultural 28Ssociety shall call a general meeting of the Idaho cherry dealers at such time 29 and place as shall be decided by the committee for the purpose of nominating 30 four (4) dealers, representative of the two (2) districts defined in 31subparagraphssubsections (6) and (7) of section 22-3703, Idaho Code. Notice 32 of the meetings for the nominations of growers shall be by publication inone33(1)the official newspaperpublished inof the major cherry producing county 34 of the district in which said nominations are to be made, and the notice shall 35 be published in two (2) issues of such newspapers, the first approximately 36 thirty (30) days and the second approximately ten (10) days before said meet- 37 ing. The notice shall state the purpose, time and place of said meeting. All 38 meetings held for the selection of nominees shall be held prior to March 31 of 39 the year the appointment or appointments are to be made. 40 (b) After the original appointments to the commission all subsequent 41 appointments shall be conducted in the same manner, except that the meetings 42 shall be called and conducted by the commission. 43 (c) The governor shall select from the nominees for each district and the 44 nominees at large one (1) grower member and from the four (4) nominees for 45 dealers, two (2) members at large, as required by thisactchapter. 46 (d) The governor shall appoint five (5) persons to the commission based 47 upon the nominating petitions. Three (3) shall be growers and two (2) shall be 48 dealers. The appointed dealers may be from either district. 49 The first members of the commission shall draw lots to determine their 50 respective terms of office. Two (2) of the original members shall serve for 51 one (1) year; two (2) of the original members shall serve for two (2) years; 52 and one (1) of the original members shall serve for three (3) years. The term 53 of office of members of the commission thereafter shall be three (3) years. 12 1 Provided, however, that both dealer members of the commission's terms of 2 office shall not expire during the same year. 3 Members of the commission may not serve more than two (2) consecutive 4 terms. Upon serving two (2) consecutive terms and the lapse of one (1) full 5 term, such member may again be nominated and appointed to the commission. 6 In the event there are vacancies in the commission through death, resigna- 7 tion or removal, it shall be the duty of the growers and dealers as provided 8 in this section22-3704, Idaho Code,to submit to the governor at least two 9 (2) qualified names for each grower vacancy and two (2) qualified names for 10 each dealer vacancy for the district in which the vacancy occurred. The gover- 11 nor shall make the appointment or appointments to fill the vacancy. 12 SECTION 10. That Section 22-4301, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 22-4301. ESTABLISHMENT -- PETITION -- ELECTION. (1) The county commis- 15 sioners of any county shall, upon petition signed by not less than fifty (50) 16 resident real property holders of said county, or any portion thereof, which 17 may exclude incorporated cities, undertake the following procedure to deter- 18 mine the advisability of resolving to establish and maintain a weather modifi- 19 cation district within the county as may be designated in the petition. 20 (a) A petition to form a weather modification district shall be presented 21 to the county clerk and recorder. The petition shall be signed by not less 22 than fifty (50) of the resident real property holders within the proposed 23 district. The petition shall designate the boundaries of the district. 24 (b) The petition shall be filed with the county clerk and recorder of the 25 county in which the signers of the petition are located. Upon the filing 26 of the petition the county clerk shall examine the petition and certify 27 whether the required number of petitioners have signed the petition. If 28 the number of petition signers is sufficient, the clerk shall transmit the 29 petition to the board of county commissioners. 30 (c) Upon receipt of a duly certified petition the board of county commis- 31 sioners shall give notice of an election to be held, subject to the provi- 32 sions of section 34-106, Idaho Code, in such proposed district for the 33 purpose of determining whether or not the proposed district shall be orga- 34 nized and to elect the first board of trustees for the district. Such 35 notice shall include the date and hours of the election, the polling 36 places, the maximum percent of market value for assessment purposes of 37 taxable property within the district which the proposed district will be 38 permitted to levy, the general purposes of the proposed district, a 39 description of lands to be included in the proposed district, a statement 40 that a map of the proposed district is available in the office of the 41 board of county commissioners, and the names and terms of the members to 42 be elected to the first board of trustees. The notice shall be published 43 once each week for three (3) consecutive weeks prior to such election, in 44athe official newspaper ofgeneral circulation withinthe county. 45 (d) The election shall be held and conducted consistent with the provi- 46 sions of chapter 14, title 34, Idaho Code. The board of county commission- 47 ers shall appoint three (3) judges of election, one (1) of whom shall act 48 as clerk for the election. At such election the electors shall vote for or 49 against the organization of the district, and the members of the first 50 board of trustees. 51 (e) The judges of election shall certify the returns of the election to 52 the board of county commissioners. If a majority of the votes cast at said 53 election are in favor of the organization, the board of county commission- 13 1 ers shall declare the district organized and give it a name by which, in 2 all proceedings, it shall thereafter be known, and shall further desig- 3 nate the first board of trustees elected, and thereupon the district shall 4 be a legal taxing district. 5 (f) On the first Tuesday of February, in the second calendar year after 6 the organization of any district, and on the first Tuesday of February 7 every year thereafter an election shall be held, which shall be known as 8 the annual election of the district. 9 At the first annual election in any district hereafter organized, and each 10 third year thereafter, there shall be elected by the qualified electors of the 11 district, one (1) member of the board to serve for a term of three (3) years; 12 at the second annual election and each third year thereafter, there shall be 13 elected one (1) member of the board to serve for a term of three (3) years, 14 and at the third annual election, and each third year thereafter, there shall 15 be elected one (1) member of the board to serve for a term of three (3) years. 16 Not later than the sixth Friday before any such election, nominations may 17 be filed with the secretary of the board and if a nominee does not withdraw 18 his name before the first publication of the notice of election, his name 19 shall be placed on the ballot. The board shall provide for holding such elec- 20 tion and shall appoint judges to conduct it. The secretary of the district 21 shall give notice of election by publication, and shall arrange such other 22 details in connection therewith as the board may direct. The returns of the 23 election shall be certified to and shall be canvassed and declared by the 24 board. The candidate or candidates receiving the most votes shall be elected. 25 In any election for trustees, if after the deadline for filing a declara- 26 tion of intent as a write-in candidate, it appears that only one (1) qualified 27 candidate has been nominated for a trustee position, it shall not be necessary 28 for the candidate to stand for election, and the board of trustees of the dis- 29 trict shall declare such candidate elected as trustee, and the secretary of 30 the district shall immediately make and deliver to such person a certificate 31 of election. 32 SECTION 11. That Section 27-106, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 27-106. NOTICE OF ELECTION. After the county commissioners have made 35 their order finally fixing and determining the boundaries of the proposed dis- 36 trict, the clerk of the board of county commissioners shall cause to be pub- 37 lished a notice of an election to be held, subject to the provisions of sec- 38 tion 34-106, Idaho Code, in such proposed cemetery maintenance district for 39 the purpose of determining whether or not the same shall be organized under 40 the provisions of this chapter. Such notice shall plainly and clearly desig- 41 nate the boundaries of such proposed cemetery maintenance district as desig- 42 nated in the petition and shall state that a map showing the boundaries of 43 said district is on file in his office. 44 Such notice shall be published first not less than twelve (12) days prior 45 to the election and a second publication not less than five (5) days prior to 46 such election, inathe official newspaperpublished withinof the county 47 aforesaid. Such notice shall require the electors to cast ballots which shall 48 contain the words ".... cemetery maintenance district, yes," or ".... cemetery 49 maintenance district, no" or words equivalent thereto. No person shall be 50 entitled to vote at any election held under the provisions of this chapter 51 unless he shall possess all the qualifications required of electors under the 52 general laws of the state, and be a resident of the proposed district for 53 thirty (30) days or more next preceding the election. 14 1 SECTION 12. That Section 27-112, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 27-112. ANNEXATION OR EXCLUSION OF TERRITORY FROM DISTRICT -- PROCEDURE. 4 After the organization of a cemetery maintenance district, additional terri- 5 tory adjoining such district, and lying within the same county may be added 6 thereto and shall thereupon and thenceforth be included in such district, by 7 the affirmative vote of a majority of the qualified electors of such addi- 8 tional territory voting on the question at an election held therefor, which 9 vote may be taken at an election held as provided in sections 27-106 and 10 34-106, Idaho Code. But such additional territory shall not be annexed to or 11 be included within the district unless such annexation and inclusion be first 12 approved by the cemetery maintenance board of the existing district by resolu- 13 tion entered on the minutes of such board prior to the election on the ques- 14 tion of annexation. The same procedure, with such modifications in the form of 15 petition, notices, ballots, etc., as may be necessary shall be adopted as in 16 this law provided in sections 27-102 and 27-104--through 27-107, Idaho Code, 17 inclusive: A petition signed by a majority of the owners of lands lying within 18 the boundaries of the area proposed to be annexed such lands lying within the 19 boundaries of any cemetery maintenance district heretofore created requesting 20 the withdrawal and exclusion of lands described in said petition from such 21 district and setting forth that the people residing upon said lands are not 22 served by the cemetery or cemeteries within the boundaries of said district, 23 that said people are served by other cemeteries within the county, and that 24 the exclusion and withdrawal of said lands from said district will not reduce 25 the market value for assessment purposes of the lands remaining in said dis- 26 trict below five million dollars ($5,000,000), may be presented and filed with 27 the board of county commissioners of the county within which said district is 28 located. Upon the presentation and filing of such petition said board of 29 county commissioners shall immediately fix a time and place for a hearing on 30 said petition when and where any elector of said district may appear and be 31 heard in support of or opposition to said petition. Notice of said hearing 32 shall be given by said board by publication in one (1) issue ofathe official 33 newspaper ofgeneral circulation insaid cemetery district at least ten (10) 34 days prior to the date of said hearing and a copy of said notice shall be 35 served by registered mail or personally on the president and secretary of the 36 cemetery district commissioners. If after a hearing on said petition the board 37 of county commissioners determines that the people residing upon the land 38 sought to be withdrawn from such cemetery district are not served by the ceme- 39 tery or cemeteries within such district, that said people are served by other 40 cemeteries within the county, and that the exclusion and withdrawal of said 41 lands from said district will not reduce the market value for assessment pur- 42 poses of the lands remaining therein below five million dollars ($5,000,000), 43 said commissioners shall make and enter such findings in the minutes of their 44 meeting and make and enter an order authorizing and directing the withdrawal 45 and exclusion of said lands from said cemetery district. Provided that the 46 land so ordered to be withdrawn and excluded from said cemetery district be 47 either annexed to an adjoining cemetery district which does serve said peti- 48 tioners, or, if not served by an adjoining cemetery district, that said lands 49 be included in the formation of a new cemetery district which does serve said 50 petitioners. 51 A copy of such findings and order shall be served upon the president and 52 secretary of the cemetery district commissioners, and county assessor, person- 53 ally, or by registered mail. If the entry of such findings and order be made 54 prior to the4thfourth Monday of June the lands annexed shall be excluded and 15 1 withdrawn from the said cemetery district of which they were formerly a part 2 and shall not be subject to assessment made and levied by said former district 3 for the current fiscal year or subsequent years; provided, however, that such 4 lands shall be subject to assessment made and levied for the current fiscal 5 year and subsequent years by the new cemetery district of which they are made 6 a part. If the entry of such findings and order be made subsequent to the4th7 fourth Monday of June the lands annexed shall be subject to assessment made 8 and levied by the cemetery district of which they were formerly a part for the 9 current fiscal year but shall thereafter be subject to assessment made and 10 levied by the new cemetery district of which they are made a part. If said 11 county commissioners do not find such facts they shall make and enter findings 12 as to the facts which may exist and deny such petition. The costs in connec- 13 tion with giving the notices herein required shall be paid by petitioners. 14 SECTION 13. That Section 27-118, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 27-118. CEMETERY MAINTENANCE DISTRICT HAS LEGAL TITLE TO PROPERTY -- PRO- 17 CEDURE FOR SALE OR EXCHANGE. The legal title to all property acquired under 18 the provisions of this chapter shall immediately and by operation of law, vest 19 in such cemetery maintenance district, and shall be held by such district in 20 trust for, and is hereby dedicated and set apart to the uses and purposes set 21 forth in this chapter. Said board is hereby authorized and empowered to hold, 22 use, acquire, manage, occupy, possess, lease, exchange, sell and convey said 23 property as in this chapter provided; and to institute and maintain any and 24 all actions and proceedings, suits at law or in equity necessary or proper in 25 order to fully carry out the provisions of this chapter, or to enforce, main- 26 tain, protect or preserve any and all rights, privileges and immunities cre- 27 ated by this chapter or acquired in pursuance thereof. In all courts, actions, 28 suits or proceedings, the said board may sue, appear and defend, in person or 29 by attorneys, and in the name of such cemetery maintenance district. 30 Real or personal property may be sold, exchanged, conveyed and disposed of 31 by the board of commissioners whenever it finds and by resolution declares 32 that the district no longer has use therefor, subject to the following proce- 33 dure: 34 (a) If in the opinion of the board any such property does not exceed five 35 hundred dollars ($500) in value, the same may be sold or exchanged without 36 independent appraisal, notice or competitive bids. 37 (b) All such real property, and any such personal property exceeding five 38 hundred dollars ($500) in value, shall be appraised by three (3) disinterested 39 residents of the county in which the district is located, who shall be 40 selected by the board. It may then be sold or exchanged at private or public 41 sale after due notice, to the highest bidder for cash or on terms, at not less 42 than its appraised value. 43 (c) Due notice of sale or exchange shall be accomplished if the notice 44 shall describe the property to be sold or exchanged (legal description, if 45 real property), state the appraised value thereof (by separate items, if so 46 appraised), and specify the time, place and conditions of sale. Said notice 47 shall be published inathe official newspaperhaving general circulation in48 of the district at least twice, the first publication thereof to be not less 49 than ten (10) days preceding the day of sale. 50 (d) If such property is sold on terms, the board may contract for the 51 sale of the same for a period not exceeding ten (10) years, with interest at 52 the legal rate on all deferred payments. The title to all property sold on 53 contract shall be retained in the name of the district until full payment has 16 1 been made by the purchaser. Any property sold by the board under the provi- 2 sions of this section, either for cash or on contract, shall be assessed by 3 the county assessor in the same manner and upon the same basis of valuation as 4 though the purchaser held a record title to the property so sold. The board 5 shall have authority to cancel any contract of sale, pursuant to law, if the 6 purchaser shall fail to comply with any of the terms of such contract, and 7 retain all payments paid thereon. The board may by agreement with the pur- 8 chaser modify or extend any of the terms of any contracts of sale, but the 9 total term shall not exceed ten (10) years. 10 (e) Upon final payment pursuant to the sale or exchange of such property, 11 the president and secretary, pursuant to resolution of the board, shall duly 12 execute and deliver an appropriate deed or bill of sale to the purchaser. 13 SECTION 14. That Section 27-126, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 27-126. NOTICE OF HEARING -- PUBLICATION -- CONTENTS. Notice of the bud- 16 get hearing meetings shall be posted at least ten (10) full days prior to the 17 date of said meeting in at least one (1) conspicuous place in each cemetery 18 maintenance district to be determined by the board. A copy of such notice 19 shall also be published ina daily or weeklythe official newspaperpublished20withinof such cemetery maintenance district, in one (1) issue thereof, during 21 such ten (10) day period. The place, hour and day of such hearing shall be 22 specified in said notice, as well as the place where such budget may be exam- 23 ined prior to such hearing. A full and complete copy of such proposed budget 24 shall be published with and as a part of the publication of such notice of 25 hearing. 26 SECTION 15. That Section 31-202, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 31-202. PETITION FOR REMOVAL. Public notice shall be given of the inten- 29 tion to circulate a petition praying for the removal of the county seat of any 30 county from its then present location to some other point within said county, 31 and in said petition designated, at least ten (10) days before the same is 32 circulated, by publication insomethe official newspaperprinted inof the 33 county,(if there be one),and by posting three (3) printed notices in three 34 (3) public places at the county seat, and a like number at the place to which 35 the county seat is proposed to be removed, in which notices the intent of said 36 petition shall be set forth; and all signers to such petition or petitions 37 shall be void and stricken from such petition if procured six (6) months 38 before the first day of the term of court at which the application is to be 39 made; and whenever such petition or petitions, addressed to the district court 40 of such county, and stating the time when such election shall be held, shall 41 be signed by a number of legal voters of said county, equal in number to a 42 majority of all votes cast at the last general election therein, and shall be 43 filed in the office of the clerk of the district court of said county, not 44 less than twenty (20) nor more than forty (40) days before the first day of 45 the term of said court next preceding the next general election, unless said 46 term commences after the first day of October, then, in such case, the next 47 preceding term. Such petition shall be deemed a proposal to remove the county 48 seat of such county, and the point designated in said petition shall be deemed 49 and taken as fixed by said petition, in pursuance of law, whenever the court 50 shall order an election to such point as hereinafter provided, as the point to 51 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 publishedat leastonce 13 a week for two (2) successive weeks.Where published in a weekly newspaper,14two (2) successive insertions of such notice shall be sufficient. Where pub-15lished in a daily newspaper, at least seven (7) days shall elapse between the16first 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 inathe official newspaper, as35defined in section 60-106, Idaho Code, either published in the county or hav-36ing a general circulation inof 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 inone (1) issue of such45 the official newspaperpublished inof the county.and whichSuch newspaper 46 shall alsohashave 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 thisactchapter. 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 OFCANCELATIONCANCELLATION 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 thesubject-13mattersubject 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 inathe official newspaper ofgeneral circulation inthe 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 thisactchapter. 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 ina weeklythe official newspaper of the countyfor thirty30(30) dayscalling 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, inathe official news- 4 paperpublished within eachof 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 ofathe official newspaper ofgeneral circulation44withinthe 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,ommissionerscommissioners 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 ofathe 53 official newspaper ofgeneral circulation withinthe 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 fiveper centpercent (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 inathe official newspaperhaving46general circulation inof 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 ina daily or weeklythe official 26 newspaperpublished withinof 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 (5) The fiscal year of a fire protection district shall commence either 38 on the first day of October of each calendar year, or on the first day of Jan- 39 uary of each calendar year, as established by resolution of the fire protec- 40 tion district board of commissioners. 41 SECTION 26. That Section 31-1427, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 31-1427. WITHDRAWAL. Any portion of a county fire protection district 44 which will not be benefited by remaining within such district may be withdrawn 45 therefrom as in this section provided. Upon receiving a petition signed by 46 fifty (50) or more freeholders within the portion desired to be withdrawn from 47 any county fire protection district, or by a majority of such freeholders, if 48 there are less than one hundred (100) freeholders within the portion sought to 49 be withdrawn, requesting the withdrawal of such portion from the district on 50 the ground that such portion will not be benefited by remaining in said dis- 51 trict, the board of county commissioners shall fix a time for the hearing of 25 1 such petition and for hearing protests to the continuance of the remaining 2 territory as a county fire protection district, which shall not be less than 3 ten (10) days, nor more than thirty (30) days after the receipt thereof. The 4 said board shall, at least a week prior to the time so fixed, publish a 5 notice of such hearing by one insertion inathe official newspaper ofgeneral6circulation insaid district, which the board deems most likely to give notice7to the inhabitants thereof of the proposed withdrawal. 8 SECTION 27. That Section 31-1435, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 31-1435. ANY DISSOLUTION. Dissolution of any fire protection district 11 organized under this chapter may be initiated by a petition signed by twenty- 12 five (25) or more of the holders of title, or evidence of title to real prop- 13 erty within the fire protection district aggregating not less than one thou- 14 sand (1,000) acres of contiguous territory, or consisting of contiguous terri- 15 tory of less extent, by having market value for assessment purposes of at 16 least five hundred thousand dollars ($500,000) at the last preceding county 17 assessment, or by a petition signed by at least twenty-fiveper centpercent 18 (25%) of the holders of title, or evidence of title, to the real property 19 within the fire protection district, requesting dissolution of such fire pro- 20 tection district, in the following manner: 21 The petition shall first be presented to the board of county commissioners 22 of each county in which the fire protection district is situated, signed by 23 the number of holders of title or evidence of title above provided, which 24 petition shall clearly designate the boundaries of the fire protection dis- 25 trict and shall state the name of the district and shall be accompanied by a 26 map thereof. The petition, together with all maps and other papers filed 27 therewith, shall, at proper hours, be open to public inspection in the office 28 of the clerk of the board of county commissioners between the date of their 29 said filing and the date of the election on the question of districts as here- 30 after provided. The petition may be in one (1) or in several papers. When such 31 petition is presented to the board of county commissioners, and filed in the 32 office of the clerk of the board, the said board shall set a time for hearing 33 of such petition, which time shall not be less than four (4) nor more than six 34 (6) weeks from the date of the presenting and filing of said petition. A 35 notice of the time of such hearing shall be published by said board, once a 36 week for three (3) successive weeks previous to the time set for such hearing, 37 inathe official newspaperpublished withinof the county in which said dis- 38 trict is situated. Said notice shall give the boundaries of the fire protec- 39 tion district and shall state that a petition has been filed to dissolve the 40 same, and that on the date fixed for the hearing, any taxpayer within the dis- 41 trict, may appear and offer any objection to the dissolving of such district. 42 After hearing and considering any and all objections to the dissolving of 43 said district, the county commissioners shall thereupon make an order either 44 denying such petition or granting same, with or without modification. After 45 the county commissioners have entered their order approving or denying such 46 petition, the clerk of the board of county commissioners shall cause to be 47 published, a notice of election to be held in such proposed fire protection 48 district, for the purpose of determining whether or not the same shall be dis- 49 solved. Such notice shall plainly and clearly designate the boundaries of the 50 fire protection district, its name, and further, that the election is to be 51 held to decide the question of whether the fire protection district shall be 52 maintained or dissolved. Such notice shall be published once in each week for 53 three (3) successive publications prior to such election, in a newspaper pub- 26 1 lished within the county aforesaid. 2 Such notice shall require the electors to cast ballots which shall contain 3 the words "fire protection district dissolved .... yes" or: "fire protection 4 district dissolved .... no" or words equivalent thereto. No person shall be 5 entitled to vote at any election held under the provisions of thisact6 chapter, unless he shall possess all the qualifications required of electors 7 under the general laws of the state and be a resident of the district. 8 The election qualifications of electors and canvass of the ballots shall 9 be made in the same manner as provided for in sections 31-1406 and 31-1407, 10 Idaho Code. 11 If a majority of the electors voting at such election shall vote to dis- 12 solve the fire protection district, the board of county commissioners shall, 13 after certifying the results of such election, enter an order upon the minutes 14 of its official proceedings dissolving said fire protection district, and such 15 district shall thereupon be dissolved. 16 Provided, however, that whenever a petition requesting dissolution of a 17 fire protection district is signed by the holders of title, or evidence of 18 title, to all of the real property included within the fire protection dis- 19 trict and is presented to the board of county commissioners of the county in 20 which the fire protection district is situated, accompanied by a map clearly 21 designating the boundaries of the district, the board of county commissioners 22 shall set a time for hearing of such petition, which time shall not be less 23 than four (4) nor more than six (6) weeks from the date of the presenting and 24 filing of said petition. A notice of the time and place of such hearing shall 25 be published by said board once a week for three (3) successive weeks previous 26 to such hearing, in a newspaper published within the county in which the fire 27 protection district is situated. Said notice shall give the boundaries of the 28 fire protection district and shall state that a petition has been filed to 29 dissolve the same, and that on the date fixed for the hearing, any resident, 30 taxpayer, or creditor of such fire protection district may appear and offer 31 any objection to the dissolving of the fire protection district. If at such 32 hearing, no protests are made to the granting of the petition, the board of 33 county commissioners shall enter an order upon the minutes of its official 34 proceedings dissolving such fire protection district, and such district shall 35 thereupon be dissolved. If, however, any protests from residents, taxpayers, 36 or creditors of the district are entered at such hearing, the board of county 37 commissioners shall, within thirty (30) days of said hearing, determine 38 whether or not such fire protection district shall be dissolved and shall 39 cause an order to that effect to be entered upon the minutes of its official 40 proceedings. If the board determines that the fire protection district shall 41 be dissolved, such dissolution shall be effective as of the date of the entry 42 of such order upon the minutes. 43 The property of such district shall remain the property of the county in 44 which such district is located and any money remaining in the fund of such 45 district shall be expended in the maintenance and repair of the highways of 46 such district whether such highways at the time of the dissolution, are in the 47 incorporated territory or in unincorporated territory. 48 If the district is situated in two (2) or more counties, each board of 49 county commissioners shall coordinate the hearing date and the publications of 50 notice so that only one (1) hearing need be held. Unless otherwise agreed to 51 by each board of county commissioners involved, the hearing shall be held at 52 the administrative offices of the district, and the boards of county commis- 53 sioners are hereby specifically authorized to act in a joint manner for such 54 purposes. If an election is called, the boards of county commissioners shall 55 provide that the election be held on the same day in each county, and the 27 1 boards of county commissioners shall coordinate the canvass of the votes cast 2 and make one (1) joint announcement. If a majority of votes in any county are 3 against the dissolution of the district, such rejection shall void the disso- 4 lution of the district in all counties. 5 SECTION 28. That Section 31-1604, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 31-1604. APPROVAL OF TENTATIVE APPROPRIATIONS -- NOTICE -- FINAL APPRO- 8 PRIATIONS. The suggested budget prepared by the county budget officer as here- 9 inabove provided, together with the estimates and information furnished by the 10 various offices, departments, services, agencies and institutions of the 11 county shall be submitted by said county budget officer to the board of county 12 commissioners of his county on or before the first Monday in August of each 13 year; said county commissioners shall convene to consider said proposed budget 14 in detail and make any alterations allowable by law and which they deem advis- 15 able, and agree upon a tentative amount to be allowed and appropriated for the 16 ensuing fiscal year to each office, department, service, agency or institution 17 of the county. Such allowances or appropriations shall be made under the clas- 18 sifications of: 19 "Salaries" or "Salaries and Benefits," and 20 "Detail of Other Expenses," or "Detail of Other Expenses and Benefits," 21 and may include "Benefits," as a separate category as hereinafter provided. 22 When the commissioners have agreed on such tentative appropriations the 23 county budget officer, not later than the third week in August, shall cause 24 notice to be published setting forth the amount of anticipated revenue from 25 property taxes and the total of revenues anticipated from sources other than 26 property taxes and the amount proposed to be appropriated to eachoffice,27department, service, agency or institutionfund and/or department for the 28 ensuing fiscal year, in not less than two (2) classifications and which shall 29 include "Salaries," or "Salaries and Benefits," and "Detail of Other 30 Expenses," or "Detail of Other Expenses and Benefits," and which may include 31 "Benefits" as a separate classification together with the amounts expended 32 under these classifications during each of the two (2) previous fiscal years 33 by eachoffice, department, service, agency or institutionfund and/or depart- 34 ment; and that the board of county commissioners will meet on or before the 35 Tuesday following the first Monday in September, next succeeding, for the pur- 36 pose of considering and fixing a final budget and making appropriations to 37 eachoffice, department, service, agency or institutionfund and/or department 38 of the county for the ensuing fiscal year at which time any taxpayer may 39 appear and be heard upon any part or parts of said tentative budget and fixing 40 the time and place of such meeting. Said notice shall be published inathe 41 official newspaperas prescribed in section 31-819, Idaho Codeof the county. 42 SECTION 29. That Section 31-2306, Idaho Code, be, and the same is hereby 43 repealed. 44 SECTION 30. That Section 31-3601, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 31-3601. RESOLUTION OF COUNTY COMMISSIONERS -- HEARING AND NOTICE. Any 47 county which now has or may plan to build, purchase or by any other means 48 acquire a county hospital shall create a county hospital board in the follow- 49 ing manner: The board of county commissioners shall, by appropriate motion or 50 resolution adopted and incorporated in its minutes, signify that it is the 28 1 intention of the board of county commissioners to create a county hospital 2 board for the purpose of conducting, operating and maintaining a county hospi- 3 tal or hospitals in accordance with the provisions of thisactchapter, and 4 shall fix a date, not less than three (3) nor more than six (6) weeks from the 5 date of the adoption of such motion or resolution, for a hearing, and shall 6 order the clerk of the board to publish notice of such meeting inone (1) or7morethe official newspapers published and having general circulation inof 8 the county, which notice shall include the time and place of such hearing, at 9 which the board of county commissioners will hear any person or persons inter- 10 ested upon the matter of whether a hospital board shall be created within such 11 county, which publication shall be made at least two (2) weeks before the date 12 set for such hearing. 13 SECTION 31. That Section 31-3616A, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 31-3616A. DISPOSAL OF PERSONAL PROPERTY. Notwithstanding the provisions 16 of section 31-808, Idaho Code, county hospital boards may dispose of personal 17 property previously purchased, paid for, or otherwise acquired by the board, 18 so long as any such property to be disposed of has a resale or salvage value 19 not in excess of five thousand dollars ($5,000) and is not a fixture under 20 section 55-101, Idaho Code; provided, that the board shall notify the public 21 of its intent to dispose of any such property prior to sale by publication 22 once inathe official newspaper ofgeneral circulation withinthe county. 23 Where any such property, regardless of resale or salvage value may, in the 24 board's judgment, pose a threat to public health or safety if disposed of at 25 public auction, the board is authorized to dispose of it without regard to the 26 provisions of section 31-808, Idaho Code. 27 SECTION 32. That Section 31-3908, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 31-3908. AMBULANCE DISTRICT AUTHORIZED. (1) The county commissioners of 30 any county shall, upon petition signed by not less than fifty (50) qualified 31 electors of said county, or any portion thereof, which may exclude incorpo- 32 rated cities, undertake the following procedure to determine the advisability 33 of resolving to establish and maintain an ambulance service district within 34 the county as may be designated in the petition. 35 (a) A petition to form an ambulance service district shall be presented 36 to the county clerk and recorder. The petition shall be signed by not less 37 than fifty (50) of the resident real property holders within the proposed 38 district. The petition shall designate the boundaries of the district. 39 (b) The petition shall be filed with the county clerk and recorder of the 40 county in which the signers of the petition are located. Upon the filing 41 of the petition the county clerk shall examine the petition and certify 42 whether the required number of petitioners have signed the petition. If 43 the number of petition signers is sufficient, the clerk shall transmit the 44 petition to the board of county commissioners. 45 (c) Upon receipt of a duly certified petition the board of county commis- 46 sioners shall cause the text of the petition to be published once a week 47 for at least three (3) consecutive weeks inathe official newspaper of 48general circulation withinthe county. With the publication of the peti- 49 tion there shall be published a notice of the time of the meeting of the 50 board of county commissioners when the petition will be considered stating 51 that all persons interested may appear and be heard. No more than five (5) 29 1 names attached to the petition shall appear in the publication and 2 notice, but the number of signatures shall be stated. 3 At the time of filing the petition the sponsors thereof shall cause 4 to be deposited with the county clerk a sufficient sum of money to cover 5 the cost of publication of the petition and all necessary notices. If the 6 petition and notices are not published the deposit shall be returned to 7 whomever deposited the funds, and if there is any surplus remaining after 8 paying for the publication as herein provided it shall be returned to the 9 original depositors, and if a district is created the fees so expended are 10 an obligation of the district and shall be repaid by the district to the 11 depositors. 12 (d) At the time set for hearing the petition, the board of county commis- 13 sioners shall hear all persons who desire to be heard relative to the cre- 14 ation of an ambulance service district. The board of county commissioners 15 may, if they so desire and it appears desirable, adjourn the meeting for 16 not to exceed thirty (30) days in time to further hear the petitioners and 17 protestants, if any. After the hearing or hearings, the board of county 18 commissioners shall adopt a resolution either creating the proposed ambu- 19 lance service district or denying the petition. When the board of county 20 commissioners creates an ambulance service district the board shall adopt 21 a resolution describing the boundaries of the district. 22 (e) When the board of county commissioners adopts the resolution creating 23 the ambulance service district, the board shall include in the resolution 24 the name of the district, and file a copy of the order creating the dis- 25 trict with the county clerk and recorder, for which the clerk shall 26 receive a fee of three dollars ($3.00). 27 (f) Procedures for annexation, deannexation, or dissolution of a district 28 created pursuant to this section shall be in substantial compliance with 29 the provisions for public notice and hearing provided herein, and shall be 30 by resolution adopted by the board of county commissioners. 31 (2) When the board of county commissioners has ordered the creation of an 32 ambulance service district, pursuant to the provisions of this section, such 33 district is hereby recognized as a legal taxing district, and providing ambu- 34 lance service is a governmental function. 35 (3) The board of county commissioners shall be the governing board of an 36 ambulance service district created pursuant to this section, and shall exer- 37 cise the duties and responsibilities provided in chapter 39, title 31, Idaho 38 Code. 39 (4) In any county where an ambulance service district is created as pro- 40 vided herein, the board of county commissioners is authorized to levy a spe- 41 cial tax, not to exceed four-hundredths percent (.04%) of market value for 42 assessment purposes, except as authorized by subsection (a) below, upon all 43 taxable property within the district for the purposes of the district, but the 44 levy otherwise authorized in section 31-3901, Idaho Code, shall not be made on 45 taxable property within the district. 46 (a) In any county where an ambulance service district has been created as 47 of January 1, 1976, and the market value for assessment purposes of the 48 district is less than three hundred million dollars ($300,000,000), the 49 board of county commissioners is authorized to levy a special tax, not to 50 exceed ten-hundredths percent (.10%) of market value for assessment pur- 51 poses, upon all taxable property within the district for the purposes of 52 the district, but the levy otherwise authorized in section 31-3901, Idaho 53 Code, shall not be made on taxable property within the district. 54 (5) The board of county commissioners is authorized by resolution to cre- 55 ate an ambulance district capital improvement account. The board may dedicate 30 1 all or a portion of the fees and taxes collected pursuant to this chapter to 2 the capital improvement account for the purpose of purchasing necessary build- 3 ings, land or equipment for the operation of the district. The board is fur- 4 ther authorized to carry over and add to the funds in the account from year to 5 year in order to make the purchases authorized by this subsection. 6 SECTION 33. That Section 31-4118, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 31-4118. MEETINGS -- OPEN TO PUBLIC -- PLACE. The board of trustees shall 9 meet once a month at a regular time and place to transact the business of the 10 district, the time and place to be fixed by the trustees and any change in the 11 time and place of meetings shall be given by publication of notice inathe 12 official newspapermost likely to give notice to the taxpayers withinof the 13 district. All the meetings shall be open in their entirety to the public and 14 all meetings shall be held at some place within the area of the television 15 district. 16 SECTION 34. That Section 31-4304, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 31-4304. CREATION OF RECREATION DISTRICTS. A recreation district may be 19 created as follows: 20 (a) Any person or persons may file a petition for the formation of a rec- 21 reation district with the clerk. Such petition which may be in one (1) or more 22 papers shall clearly designate the boundaries of the proposed district, shall 23 state the name of the proposed district, shall state the maximum tax rate 24 that would be imposed upon taxable property within the district or planned 25 unit development recreation districts, and shall be signed by not less than 26 twenty percent (20%) of the qualified electors resident within the boundaries 27 of the proposed district. The boundaries of the proposed district shall 28 include contiguous territory having market value for assessment purposes of 29 not less than five million dollars ($5,000,000) at the last preceding county 30 assessment and shall not include any area included within an already existing 31 recreation district. The petition shall be accompanied by a map showing the 32 boundaries of the proposed district. 33 (b) The clerk shall, within ten (10) days after the filing of such peti- 34 tion and map, estimate the cost of advertising and holding the election pro- 35 vided in this section and notify in writing the person or any one of the per- 36 sons filing such petition as to the amount of such estimate. Such person or 37 persons shall within twenty (20) days after receipt of such written notice 38 deposit such estimated amount with the clerk in cash, or such petition shall 39 be deemed withdrawn. If the deposit is made and the district is formed, the 40 person or persons so depositing such sum shall be reimbursed from the first 41 moneys collected by the district from the taxes authorized to be levied by 42 this chapter. 43 (c) Within thirty (30) days after the filing of such petition together 44 with such map and the making of such cash deposit, the county commissioners 45 shall determine whether or not the same substantially comply with the require- 46 ments of this section. If the county commissioners find that there has not 47 been substantial compliance with such requirements, they shall enter an order 48 to the effect specifying the particular deficiencies, dismissing such petition 49 and refunding such cash deposit. If the county commissioners find that there 50 has been substantial compliance with such requirements, the county commission- 51 ers shall forthwith enter an order to that effect and calling an election, 31 1 subject to the provisions of section 34-106, Idaho Code, upon the formation of 2 such proposed district as provided in this section. 3 (d) If the county commissioners order an election as provided in this 4 section, such election shall be conducted in accordance with the general elec- 5 tion laws of the state, including the provisions of chapter 14, title 34, 6 Idaho Code. The county commissioners shall establish election precincts, 7 design and print elector's oaths, ballots and other necessary supplies, 8 appoint election personnel and by rule and regulation provide for the conduct 9 and tally of such election. Each qualified elector who is a resident of the 10 proposed district shall be entitled to vote in such election. The clerk shall 11 give notice of such election which notice shall clearly designate the bound- 12 aries of such proposed district, shall state the name of the proposed district 13 as designated in the petition, shall state the date of such election and the 14 hours on such date which the polls will be open for receipt of ballots, shall 15 set forth the qualifications of electors, and shall state that a map showing 16 the boundaries of such district is on file in the office of the clerk. Such 17 notice shall be published for the first time, not less than twelve (12) days 18 prior to the election, and the second publication shall be made not less than 19 five (5) days prior to such election inathe official newspaperpublished20withinof the county. 21 (e) Immediately after such election, the judges at such election shall 22 forward the ballots and results of such election to the clerk. The county com- 23 missioners shall canvass the vote within ten (10) days after such election. If 24 one-half (1/2) or more of the votes cast at such election are against the for- 25 mation of such district, the county commissioners shall enter an order so 26 finding and declaring that such district shall not be formed. If more than 27 one-half (1/2) of the votes cast at such election are in favor of forming such 28 district, the county commissioners shall enter an order so finding, declaring 29 such district duly organized under the name designated in such petition, and 30 dividing such district into three (3) subdivisions, as nearly equal in popula- 31 tion as possible, to be known as director's subdistricts one (1), two (2) and 32 three (3). The county commissioners shall cause one (1) certified copy of such 33 order to be filed in the office of the county recorder of such county and 34 shall cause one (1) certified copy of such order to be transmitted to the gov- 35 ernor. Immediately upon the entry of such order, the organization of such dis- 36 trict shall be complete. 37 (f) Upon receipt of a certified copy of the order of the county commis- 38 sioners, the governor shall appoint a qualified elector from each director's 39 subdistrict who shall constitute the first board of such district. The appoin- 40 tees from director's subdistricts one (1) and two (2) shall serve until the 41 first district election thereafter held at which their successors shall be 42 elected and the appointee from director's subdistrict three (3) shall serve 43 until the second district election thereafter held at which such appointee's 44 successor shall be elected. The certificate of appointment shall be filed with 45 the clerk with a copy forwarded to each appointee. 46 (g) When the boundaries of the proposed district lie in two (2) or more 47 counties, the county commissioners of each county shall act separately in the 48 election and organization of that part of the proposed district contained in 49 their county but the county commissioners of each such county shall meet 50 together before calling such election, subject to the provisions of section 51 34-106, Idaho Code, and provide for uniform proceedings in each county and 52 fix the boundaries of each director's subdistrict in case such election shall 53 carry. 54 (h) After such election, the validity of the proceedings hereunder shall 55 not be affected by any defect in the petition or in the number or qualifica- 32 1 tion of the signers thereof, and in no event shall any action be commenced or 2 maintained or defense made affecting the validity of the organization of such 3 district after six (6) months have expired from the date of entering the order 4 declaring the formation of such district. 5 SECTION 35. That Section 31-4330, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 31-4330. NOTICE OF HEARING -- POSTING AND PUBLICATION. Notice of the bud- 8 get hearing meeting shall be posted at least ten (10) full days prior to the 9 date of said meeting in at least one (1) conspicuous place in each recreation 10 district to be determined by the board, a copy of such notice shall also be 11 published ina daily or weeklythe official newspaperpublished withinof such 12 recreation district, in one (1) issue thereof, during such ten (10) day 13 period. The place, hour and day of such hearing shall be specified in said 14 notice, as well as the place where such budget may be examined prior to such 15 hearing. A full and complete copy of such proposed budget shall be published 16 with and as a part of the publication of such notice of hearing. 17 SECTION 36. That Section 31-4505, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 31-4505. BONDS. All revenue bonds authorized to be issued hereunder may 20 be issued as serial bonds or as term bonds or a combination of both types. All 21 revenue bonds so issued shall be payable solely out of the revenues and 22 receipts derived by the county from the pollution control facilities provided 23 with the proceeds thereof as may be designated in the proceedings of the board 24 under which the revenue bonds shall be authorized to be issued, provided that 25 such revenue bonds shall not be secured by the full faith and credit or the 26 taxing power of the state of Idaho or of any political subdivision thereof, 27 and such limitation shall be plainly printed on the face of each such revenue 28 bond. Such revenue bonds may be executed and delivered by the county at any 29 time and from time to time in such amounts, may be in such form and denomina- 30 tions and of such terms and maturities, may be in fully registered form or in 31 bearer form registrable either as to principal or interest or both, may bear 32 such conversion privileges and be payable in such installments and at such 33 time or times not exceeding forty (40) years from the date thereof, may be 34 payable at such time or times and at such place or places whether within or 35 without the state of Idaho and evidenced in such manner, may bear interest at 36 such rate or rates per annum without regard to any interest rate limitation 37 appearing in any other law, may be executed by the manual or facsimile signa- 38 tures of such officers of the county, and may contain such provisions not 39 inconsistent herewith, all as shall be provided in the proceedings of the 40 board under which the revenue bonds shall be authorized to be issued. If 41 deemed advisable by the board there may be retained in the proceedings under 42 which any such revenue bonds are authorized to be issued an option to redeem 43 all or any part thereof as may be specified in such proceedings, at such price 44 or prices and after such notice or notices and on such terms and conditions as 45 may be set forth in such proceedings, but nothing herein contained shall be 46 construed to confer on any county the right or option to redeem any such reve- 47 nue bonds except as may be provided in the proceedings under which they shall 48 be issued. Any revenue bonds issued hereunder may be sold at public or private 49 sale for such price and in such manner and from time to time as may be deter- 50 mined by the board, and the county may pay, but solely and only from the pro- 51 ceeds of any such revenue bonds, all expenses, premiums and commissions which 33 1 the board may deem necessary or advantageous in connection with the issuance 2 thereof. Issuance by any county of one (1) or more series of revenue bonds for 3 one (1) or more purposes under this act shall not preclude it from issuing 4 other revenue bonds in connection with the same pollution control facility or 5 any other pollution control facility or for any other purpose hereunder, but 6 the proceedings whereunder any subsequent bonds may be issued shall recognize 7 and protect any prior pledge made for any prior issue of revenue bonds. Any 8 revenue bonds issued hereunder at any time outstanding may at any time and 9 from time to time be refunded by the issuance of refunding bonds in such 10 amount as the board may deem necessary but not exceeding an amount sufficient 11 to refund the principal of the bonds so to be refunded, together with any 12 unpaid interest thereon and any premiums, commissions, service fees and other 13 expenses necessary to be paid in connection therewith. Any such refunding may 14 be effected whether the bonds to be refunded shall have matured or shall 15 thereafter mature, either by sale of the refunding bonds and the application 16 of the proceeds thereof for the payment of the bonds to be refunded thereby, 17 or by the exchange of the refunding bonds for the bonds to be refunded thereby 18 with the consent of the holders of the bonds so to be refunded, and regardless 19 of whether or not the bonds to be refunded were issued in connection with the 20 same pollution control facility or separate pollution control facilities or 21 for any other purpose hereunder, and regardless of whether or not the revenue 22 bonds proposed to be refunded shall be payable on the same date or different 23 dates or shall be due serially or otherwise. All such revenue bonds and the 24 interest coupons applicable thereto, if any, are hereby made and shall be con- 25 strued to be negotiable instruments. 26 The resolution authorizing the issuance of any revenue bonds hereunder and 27 the execution of an indenture as security therefor shall be published one (1) 28 time inathe official newspaper ofgeneral circulation inthe county. Any 29 such indenture, or other instrument authorized in such resolution to be exe- 30 cuted, may be incorporated as an exhibit to such resolution but need not be 31 published as part of the resolution. For a period of thirty (30) days from the 32 date of such publication any person in interest may file suit in any court of 33 competent jurisdiction to contest the regularity, formality or legality of the 34 proceedings authorizing the revenue bonds, or the legality of such resolution 35 and its provisions or of the revenue bonds to be issued pursuant thereto and 36 the provisions securing the revenue bonds. After the expiration of such thirty 37 (30) day period no one shall have any right of action to contest the validity 38 of the revenue bonds or of such proceedings or of such resolution or the 39 validity of the pledges and covenants made in such proceedings and resolution 40 and the revenue bonds and the provisions for their payment shall be conclu- 41 sively presumed to be legal and no court shall thereafter have authority to 42 inquire into such matters. 43 SECTION 37. That Section 31-4510, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 31-4510. POWERS NOT RESTRICTED -- LAW COMPLETE IN ITSELF -- ELECTION. 46 Neither this chapter nor anything herein contained shall be construed as a 47 restriction or limitation upon any powers which any county might otherwise 48 have under any laws of this state, but shall be construed as cumulative of 49 any such powers. No proceedings, notice or approval shall be required for the 50 issuance of any revenue bonds or any instrument as security therefor, except 51 that no revenue bonds shall be issued hereunder until the board shall by reso- 52 lution adopted by a majority of the board determine that the interest of the 53 county and the public interest or necessity demand the acquisition, construc- 34 1 tion, installation and equipment of pollution control facilities to be 2 financed for or to be sold, leased or otherwise disposed of to persons, asso- 3 ciations or corporations other than municipal corporations or other political 4 subdivisions, whereupon the board shall order the submission of the proposi- 5 tion of issuing such revenue bonds for the purposes set forth in said resolu- 6 tion to the vote of the qualified electors of the county as defined in section 7 34-104, Idaho Code, at an election to be held subject to the provisions of 8 section 34-106, Idaho Code. The declaration of public interest or necessity 9 herein required and the provision for the holding of such election may be 10 included within one and the same resolution, which resolution, in addition to 11 such declaration of public interest or necessity, shall recite the objects and 12 purposes for which the revenue bonds are proposed to be issued, the amount of 13 principal of the revenue bonds, and the source of revenues pledged to the pay- 14 ment of said bonds. 15 Such resolution shall also fix the date upon which such election shall be 16 held, subject to the provisions of section 34-106, Idaho Code, the manner of 17 holding the same and the method of voting for or against the issuance of the 18 revenue bonds. Such resolution shall also fix the compensation to be paid the 19 officers of the election and shall designate the precincts and polling places 20 and shall appoint for each polling place, from each precinct from the electors 21 thereof, the officers of such election, which officers shall consist of three 22 (3) judges, one (1) of whom shall act as clerk, who shall constitute a board 23 of election for each polling place. The description of precincts may be made 24 by reference to any order or orders of the board, or by reference to any pre- 25 vious order or resolution of the board or by detailed description of such pre- 26 cincts. Precincts established by the board may be consolidated for elections 27 held hereunder. A notice of election shall be published once a week for two 28 (2) consecutive weeks, the first publication shall be not less than twelve 29 (12) days prior to the election, and the last publication of which shall be at 30 least five (5) days prior to the date set for said election, in the official 31 newspaper ofgeneral circulation withinthe county,in which legal notices of32the county are customarily published,and no other or further notice of such 33 election or publication of the names of election officers or of the precincts 34 or polling places need be given or made. 35 The respective election boards shall conduct the election in their respec- 36 tive precincts in the manner prescribed by law for the holding of county elec- 37 tions to the extent the same shall apply and shall make their returns to the 38 board. The returns thereof shall be canvassed and the results thereof declared 39 as provided in chapter 12, title 34, Idaho Code. 40 In the event that it shall appear from said returns that a majority of the 41 qualified electors of the county who shall have voted on any proposition sub- 42 mitted hereunder at such election voted in favor of such proposition, the 43 county shall thereupon be authorized to issue and sell such revenue bonds of 44 the county, all for the purpose or purposes and object or objects provided for 45 in the proposition submitted hereunder and in the resolution therefor, and in 46 the amount so provided. 47 SECTION 38. That Section 31-4701, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 31-4701. CREATION OF COUNTY MUSEUM BOARD. A county museum board may be 50 created as follows: 51 (1) In addition to the procedures provided in subsections (2), (3) and 52 (4) of this section, the county commissioners may adopt a resolution and 53 incorporate in its minutes to signify that it is the intention of the board of 35 1 county commissioners to create a county museum board in accordance with the 2 provisions of this chapter. The board of county commissioners shall fix a 3 date, not less than three (3) nor more than six (6) weeks from the date of the 4 adoption of the resolution for a public hearing, and shall order the clerk of 5 the board to publish notice of the hearing inone or morethe official news- 6 papersofgeneral circulation inthe county, which notice shall include the 7 time and place of the hearing at which the board of county commissioners will 8 hear any person or persons interested upon the matter of whether a county 9 museum board shall be created pursuant to this chapter. If after the hearing 10 provided for in this section, the board of county commissioners shall then 11 deem it for the best interests of the county that a county museum board be 12 created, the county commissioners shall enter an order to that effect and 13 calling an election upon the formation of the proposed county museum board as 14 provided in this section. 15 (2) Any person or persons may file a petition for the formation of a 16 county museum board with the clerk. The petition which may be in one (1) or 17 more papers shall be signed by not less than ten percent (10%) of the regis- 18 tered voters residing within the county. 19 (3) The clerk shall, within ten (10) days after the filing of the peti- 20 tion, estimate the cost of advertising and holding the election provided in 21 this section and notify in writing the person or any one of the persons filing 22 the petition as to the amount of the estimate. The person or persons shall 23 within twenty (20) days after receipt of the written notice deposit the esti- 24 mated amount with the clerk in cash, or the petition shall be deemed with- 25 drawn. If the deposit is made and the county museum board is formed, the per- 26 son or persons so depositing the sum shall be reimbursed from the first moneys 27 collected by the county museum board from the taxes authorized to be levied by 28 thisactchapter. 29 (4) Within thirty (30) days after the filing of the petition together 30 with the map and the making of the cash deposit, the county commissioners 31 shall determine whether or not they substantially comply with the requirements 32 of this section. If the county commissioners find that there has not been sub- 33 stantial compliance with the requirements, the county commissioners shall 34 enterandan order to the effect specifying the particular deficiencies, dis- 35 missing the petition and refunding the cash deposit. If the county commission- 36 ers find that there has been substantial compliance with the requirements, the 37 county commissioners shall forthwith enter an order to that effect and calling 38 an election upon the formation of the proposed county museum board as provided 39 in this section. 40 (5) If the county commissioners order an election as provided in this 41 section, the election shall be conducted on the first Tuesday succeeding the 42 first Monday of November in any year, and in accordance with the general elec- 43 tion laws of the state, except as hereinafter provided. The county commission- 44 ers shall establish election precincts, design and print voter's oaths, bal- 45 lots and other necessary supplies, appoint election personnel and by rule and 46 regulation provide for the conduct and tally of the election. Each registered 47 voter of the county shall be entitled to vote in the election. The clerk shall 48 give notice of the election which notice shall clearly state the question of 49 whether a county museum board shall be formed and shall state the date of the 50 election. The notice shall be published once each week for three (3) succes- 51 sive publications prior to the election inathe official newspaperpublished52withinof the county. 53 (6) Immediately after the election, the judges at the election shall for- 54 ward the ballots and results of the election to the clerk. The county commis- 55 sioners shall canvass the vote within ten (10) days after the election. If 36 1 forty-five percent (45%) or more of the votes cast at the election are against 2 the formation of the county museum board, the county commissioners shall enter 3 an order so finding and declaring that the county museum board shall not be 4 formed. If more than fifty-five percent (55%) of the votes cast at the elec- 5 tion are in favor of forming the county museum board, the county commissioners 6 shall enter an order so finding, declaring the county museum board duly orga- 7 nized. The county commissioners shall cause one (1) certified copy of the 8 order to be filed in the office of the county recorder of the county and shall 9 cause one (1) certified copy of the order to be transmitted to the governor. 10 Immediately upon the entry of the order, the organization of the county museum 11 board shall be complete. 12 (7) After the election, the validity of the proceedings hereunder shall 13 not be affected by any defect in the petition, if any, or in the number or 14 qualification of the signers thereof, and in no event shall any action be com- 15 menced or maintained or defense made affecting the validity of the organiza- 16 tion of the county museum board after six (6) months have expired from the 17 date of entering the order declaring the formation of the county museum board. 18 SECTION 39. That Section 34-602, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 34-602. PUBLICATION OF NOTICES FOR PRIMARY, GENERAL OR SPECIAL ELECTIONS 21 -- CONTENTS. The several county clerks shall publish at least two (2) times, 22 the notices for any primary, general or special election. The notice shall 23 state the date of the election, the polling place in each precinct and the 24 hours during which the polls shall be open for the purpose of voting, and 25 information about the accessibility of the polling places. 26 The first notice shall be published at least twelve (12) days prior to any 27 election and the second notice shall be published not later than five (5) days 28 prior to the election. The notice of election shall be published in at least 29 two (2) newspapers,published within the county, but if this is not possible,30the notice shall be published in one (1) newspaper published within the county31or a newspaper which has general circulation withinincluding the official 32 newspaper of the county, but if there are not two (2) newspapers, then in the 33 official newspaper of the county. 34 SECTION 40. That Section 34-1405, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 34-1405. NOTICE OF ELECTION FILING DEADLINE. (1) Not more than fourteen 37 (14) nor less than seven (7) days preceding the candidate filing deadline for 38 an election, the election official of each political subdivision shall cause 39 to be published a notice of the forthcoming candidate filing deadline. The 40 notice shall include not less than the name of the political subdivision, the 41 place where filing for each office takes place, and a notice of the availabil- 42 ity of declarations of candidacy. The notice shall be published in the offi- 43 cial newspaper of the political subdivision. 44 (2) The secretary of state shall compile an election calendar annually 45 which shall include not less than a listing of the political subdivisions 46 which will be conducting candidate elections in the forthcoming year, the 47 place where filing for each office takes place, and the procedure for a decla- 48 ration of candidacy. Annually in December, the county clerk shall cause to be 49 published the election calendar for the county for the following calendar 50 year. It shall be the duty of the election official of each political subdivi- 51 sion to notify the county clerk, not later than the last day of November, of 37 1 any election for that political subdivision to occur during the next calendar 2 year. In the event of failure to so notify the county clerk, the election 3 official of the political subdivision shall cause to be published notice of 4 the omitted election as soon as he is aware of the omission. This publication 5 shall be in addition to the publication required byparagraphsubsection (1) 6 of this section. The election calendar for the county shall be published in at 7 least two (2) newspapers published within the county, but if this is not pos- 8 sible, the calendar shall be published inone (1)the official newspaperwhich9has general circulation withinof the county. Copies of the election calendar 10 shall be available, without charge, from the office of the secretary of state 11 or the county clerk. 12 SECTION 41. That Section 38-505, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 38-505. CREATION OF BURN SEEDING AREAS. The boards of county commission- 15 ers of the various counties are hereby authorized to create areas that may 16 hereafter be burned over within their respective counties, into"Bburn 17SseedingAareas,"and such boards may purchase, or authorize the purchase of 18 seed to seed a part or all of such areas. The county boards are also autho- 19 rized to enter into contracts with other state agencies or with federal agen- 20 cies to seed land under the jurisdiction of such agencies within such"Bburn 21SseedingAareas."22 Whenever theBboard ofCcountyCcommissioners of any county deems it nec- 23 essary or desirable to create a"BburnSseedingAarea,"it must by resolution 24 adopted by a majority of the members of saidBboard, setting forth in such 25 resolution that such saidBurningburnSseedingAarea is necessary within the 26 county, and describing all of the lands included in said area, and fixing a 27 time of hearing. TheCclerk of theBboard must publish said resolution and a 28 notice requiring all interested persons to appear at a time and place before 29 saidBboard as designated in said resolution, and show cause if any they have 30 why saidBburnSseedingAarea should not be created. Said notice must be pub- 31 lished inone (1) issue of a weeklythe official newspaperpublished inof the 32Ccounty.If no newspaper is published in the county, then in such paper as the33Board may direct in its resolution.Said resolution and said notice shall pro- 34 vide a date of hearing, which shall be not less than ten (10) days from the 35 date of publication. Upon said hearing after fully considering said matter, if 36 theBboard finds that the creation of saidBburnSseedingAarea is desirable 37 and necessary, it shall make an order in writing to that effect, and file the 38 same with theCclerk of theDdistrictCcourt in and for saidCcounty. Anyone 39 interested may appeal to theDdistrictCcourt under the procedure set forth by 40Ssections 31-1510, 31-1511,and 31-1512, Idaho Code. 41 SECTION 42. That Section 38-809, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 38-809. PRIZE LOGS -- SALE AT PUBLIC AUCTION. All logs or timbers suit- 44 able for manufacture into lumber, ties, poles, or other timber products, not 45 bearing a legally recorded mark or marks, which shall be placed aboard a 46 transport vehicle for land transportation or placed afloat on a waterway, or 47 permitted to be afloat upon any of the public waters of this state, not con- 48 fined in booms or rafts, and all such logs or timbers bearing a legally 49 recorded mark or marks not claimed within one (1) year after being placed in 50 transit or afloat shall be prize logs, and no evidence of any private owner- 51 ship thereof shall be admissible in any proceeding. Prize logs shall be sold 38 1 by or under the direction of the state board of scaling practices, and the 2 proceeds of such sale, after deducting the expense of the sale and transporta- 3 tion or other charges incurred in getting said logs to the sale site shall go 4 into the state scaling fund. Such sale shall be at public auction after publi- 5 cation of notice of time and place thereof for not less than three (3) consec- 6 utive weeks inathe official newspaper ofgeneral circulation printed and7published inthe county in which the sale is to be held. It shall be the duty 8 of every person having custody or possession of prize logs to deliver them to 9 the state board of scaling practices upon demand. 10 SECTION 43. That Section 38-1017, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 38-1017. CONTRACT FOR CLEARING -- CONTRACTOR'S BONDS. As soon as may be 13 after the organization of a stumpage district and the report of a county sur- 14 veyor with mapshavehas been received by the commissioners of said stumpage 15 district, they shall proceed as soon as may be deemed expedient to let a con- 16 tract for the stumping and clearing of said land in said district: provided, 17 that said contract shall be let to the lowest bidder: provided further, that 18 in case the whole or any portion of said land clearing is let to any contrac- 19 tor, said commissioners shall require the said contractor to give a bond equal 20 to the amount of said contract so let, with two (2) or more sureties, to be 21 approved by the board of commissioners of said stumpage district and running 22 to said district as obligee therein, conditioned for the faithful performance 23 of said contract: provided further, that said contractor shall pay or cause to 24 be paid all just claims of all persons performing labor or rendering service 25 in the stumping and clearing of said lands: provided, further, that the said 26 contractor shall pay for all material, merchandise or provisions furnished of 27 any kind or character and used by said contractor in the stumping and clearing 28 of said lands: provided, further, that no sureties on said bond shall be lia- 29 ble thereon unless the person performing said labor and furnishing said mate- 30 rial, merchandise and provisions shall, within ninety (90) days after the com- 31 pletion of said work, file his claim, duly verified that the same is just, 32 due, and unpaid, with the board of commissioners of said stumpage district: 33 provided, further, no contract shall be let before a notice shall be published 34 inathe official newspaperinof said county, at least in two (2) issues of 35 said paper, asking for bids for said work. 36 SECTION 44. That Section 38-1020, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 38-1020. PAYMENT OF WARRANTS -- INTEREST. All warrants issued under the 39 provisions of this chapter shall be presented by the holder thereof to the 40 county treasurer, who shallindorseendorse thereon the day of presentation 41 for payment, with the additionalindorsementendorsement thereof, in case of 42 nonpayment, that they are not paid for want of funds; and no warrant shall 43 draw interest under the provisions of this chapter until it is so presented 44 andindorsedendorsed by the county treasurer. And it shall be the duty of 45 such treasurer from time to time, when he has sufficient funds in his hands 46 for that purpose, to advertise inathe official newspaper of the county for 47 the presentation to him for payment of the outstanding warrants as he may be 48 able to pay: provided, that thirty (30) days after the first publication of 49 said notice of the treasurer calling in any of said outstanding warrants said 50 warrants shall cease to bear interest. 39 1 SECTION 45. That Section 38-1025, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 38-1025. PAYMENT OF BONDS. It shall be the duty of the county treasurer 4 of any county in which there may be a stumpage district issuing bonds under 5 the provisions of this chapter, whenever he has upon hand two thousand dollars 6 ($2,000) of the special fund for the payment of said bonds and when said bonds 7 shall have run for a period of five (5) years, to advertise inathe official 8 newspaper of the county for the presentation to him for payment of as many of 9 the bonds issued under the provisions of this chapter as he is able to pay 10 with the funds, to be paid in numerical order of said bonds, beginning with 11 the bond number one (1), until all of said bonds are paid: provided, that 12 thirty (30) days after the first publication of said notice of the treasurer 13 calling in any of said bonds, said bonds shall cease to bear interest. 14 SECTION 46. That Section 39-128, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 39-128. APPLICABILITY -- PROMULGATION OF RULES -- ESTABLISHMENT OF ZONES 17 -- COMBUSTOR CHARGING COMPOSITION AND RECORDKEEPING -- REPORT TO LOCAL GOVERN- 18 MENT -- PERMIT PROCESSING. (1.) Except as provided in subsection (2) of this 19 section, the provisions of this section shall apply to medical waste 20 combustors with a maximum rated capacity equal to or greater than three (3) 21 tons per day. All combustors located on one (1) or more contiguous or adjacent 22 properties and owned or operated by the same person or persons under common 23 control shall be considered in determining the maximum rated capacity of a 24 combustor. 25 (2.) The department is hereby directed to develop and propose, and the 26 board is hereby directed to adopt, rulesand regulationscontrolling emissions 27 of air contaminants from all medical waste combustors, and implementing the 28 provisions of this section except the provisions of subsections (8) and (9) of 29 this section. 30 (3.) The following zones are hereby established: 31 (a.) Zone 1, consisting of the counties of Benewah, Bonner, Boundary, 32 Clearwater, Idaho, Kootenai, Latah, Lewis, Nez Perce and Shoshone. 33 (b.) Zone 2, consisting of the counties of Ada, Adams, Boise, Canyon, El- 34 more, Gem, Owyhee, Payette, Valley and Washington. 35 (c.) Zone 3, consisting of the counties of Bannock, Bear Lake, Bingham, 36 Blaine, Bonneville, Butte, Camas, Caribou, Cassia, Clark, Custer, Frank- 37 lin, Fremont, Gooding, Jefferson, Jerome, Lemhi, Lincoln, Madison, Minido- 38 ka, Oneida, Power, Teton and Twin Falls. 39 (4.) Any county may petition the director to become incorporated into an 40 adjacent zone. The director shall grant the petition provided it does not con- 41 flict with the purposes of thisactchapter, or any rule,regulation,permit 42 or order issued or promulgated pursuant to thisactchapter. 43 (5.) For any combustor constructed or modified after the date of enact- 44 ment of this section, no less than seventyper centpercent (70%) of the 45 weight of the material charged into the combustor on an annual basis shall be 46 material generated inside the zone in which the combustor is located. 47 (6.) An owner or operator of a combustor constructed and operated prior 48 to the date of enactment of this section shall, by October 1, 1992, notify the 49 department in writing describing the type, location and maximum rated capacity 50 of the combustor. 51 (7.) Any person who owns or operates a combustor shall keep records as to 52 the source, weight and type of material charged, and whether the material was 40 1 generated within or outside the zone in which the combustor is located. These 2 records shall be maintained for a period of not less than five (5) years and 3 shall be made available to the department upon request. The requirements of 4 this subsection may be fully or partially waived by the director if the owner 5 or operator certifies to the department that no material generated outside the 6 zone shall be charged into the combustor. 7 (8.) Any person proposing to construct or modify a combustor shall pro- 8 vide, in writing, to the local government a comprehensive report which shall 9 include: 10 (a.) An overall description of the project; 11 (b.) The amount, type and disposal method of all solid waste produced; 12 (c.) The amount and content of any liquid to be discharged into the sewer 13 system, applied to the land, or discharged into an impoundment or pond; 14 (d.) The amount, type and control of air emissions; 15 (e.) The effect of the facility on vehicular traffic; 16 (f.) The amount of noise produced by the facility; 17 (g.) The extent and control of odors from the facility; and 18 (h.) Any additional information requested, in writing, by the local gov- 19 ernment pertaining to the effect of the proposed facility upon the commu- 20 nity or local resources. 21 (9.) The local government shall conduct at least one (1) public hearing 22 regarding any proposal to construct or modify a combustor within the jurisdic- 23 tion of the local government at which interested persons shall have an oppor- 24 tunity to be heard. At least fifteen (15) days prior to the hearing, notice of 25 the time and place of the hearing, a brief summary of the proposal, and the 26 location of the comprehensive report required by the provisions of subsection 27 (8) of this section, shall be published inathe official newspaperof general28circulationwithin the jurisdiction of the local government. The local govern- 29 ment shall, after hearing, notify in writing the person proposing to construct 30 or modify the combustor that the proposal conforms or does not conform to 31 applicable planning and zoning ordinances. Reasonable conditions may be placed 32 on any approval so as to ensure that construction or modification of the 33 combustor is in conformance with local planning and zoning ordinances and that 34 all necessary local, state and federal permits are obtained. 35 (10.) Any person applying to the department for a permit to construct or 36 modify a combustor shall submit, as part of the application, the notification 37 required in subsection (8) of this section indicating that the proposal con- 38 forms, or conforms with conditions, to local government planning and zoning 39 ordinances. Any application received by the department which does not include 40 such a notification of approval or conditional approval shall be incomplete. 41 (11.) The director shall have authority to sue in competent courts to 42 enjoin any threatened or continuing violation of the provisions of this sec- 43 tion, or any rule,regulation,permit or order issued or promulgated to imple- 44 ment the provisions of this section. The court shall grant injunctive relief 45 upon a showing that a violation of the provisions of this section or any rule, 46regulation,permit or order implementing the provisions of this section has 47 occurred and is reasonably likely to continue. 48 (12.) The director shall have the authority to declare that an emergency 49 exists and that a combustor may receive a waiver to combust material generated 50 outside the zone in which the combustor is located in excess of the amount 51 specified in subsection (5) of this section, provided the director finds that 52 such an action is necessary to protect human health and the environment. The 53 waiver shall not extend beyond six (6) months for any single combustor and 54 eighteen (18) months in total duration. 55 (13.) For purposes of this section only: 41 1 (a.) The term "combustor" means a medical waste combustor as defined in 2 section 39-103, Idaho Code. 3 (b.) The term "local government" means the city government for the city 4 in which the combustor is to be located or, if the combustor is to be 5 located outside the limits of an incorporated city, the county government 6 for the county in which the combustor is to be located. 7 SECTION 47. That Section 39-423, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 39-423. BUDGET COMMITTEE OF PUBLIC HEALTH DISTRICT. The chairmen of the 10 boards of county commissioners located within the public health district are 11 hereby constituted as the budget committee of the public health district. 12 The district board will submit to the budget committee by the first Monday 13 in June of each year the preliminary budget for the public health district and 14 the estimated cost to each county, as determined by the provisions of section 15 39-424, Idaho Code. 16 On or before the first Monday in July, there will be held at a time and 17 place determined by the budget committee a budget committee meeting and public 18 hearing upon the proposed budget of the district. Notice of the budget commit- 19 tee meeting and public hearing shall be posted at least ten (10) full days 20 prior to the date of said meeting in at least one (1) conspicuous place in 21 each public health district to be determined by the district board of health. 22 A copy of such notice shall also be published in the official newspaperor a23generally circulated newspaperof each county of such public health district, 24 in one (1) issue thereof, during such ten (10) day period. The place, hour and 25 day of such hearing shall be specified in said notice, as well as the place 26 where such budget may be examined prior to such hearing. A summary of such 27 proposed budget shall be published with and as a part of the publication of 28 such notice of hearing in substantially the form required by section 31-1604, 29 Idaho Code. 30 On or before the first Monday in July a budget for the public health dis- 31 trict shall be agreed upon and approved by a majority of the budget committee. 32 Such determination shall be binding upon all counties within the district and 33 the district itself. 34 SECTION 48. That Section 39-1319, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 39-1319. DEFINITIONS. A "hospital district" is one to furnish general 37 hospital services, and together with such hospital services, nursing home ser- 38 vices, or medical clinic services to the general public and all other such 39 services as may be necessary for the care of the injured, maimed, sick, dis- 40 abled, convalescent or long-term care patients. As used in sections 39-1318 41 through 39-1357, Idaho Code, "medical clinic" means a place devoted primarily 42 to the maintenance and operation of facilities for outpatient medical, surgi- 43 cal and emergency care of acute and chronic conditions or injury. 44 The word "board" as used inthis actsections 39-1318 through 39-1357, 45 Idaho Code, shall mean the board of trustees of the district. A "qualified 46 elector" of a district within the meaning of and entitled to vote underthis47actsections 39-1318 through 39-1357, Idaho Code, is a person qualified to 48 vote at general elections in this state, and who has been a bona fide resident 49 of the district for at least thirty (30) days prior to any election in the 50 district. A "taxpayer" within the meaning of and as used inthis actsections 51 39-1318 through 39-1357, Idaho Code, is a person or the husband or wife of a 42 1 person whose name appears on the tax rolls of the county and is there assessed 2 with unexempted real or personal property owned and subject to taxation within 3 the boundaries of the district. 4 Whenever the term "publication" is used inthis actsections 39-1318 5 through 39-1357, Idaho Code, and no manner specified therefor, it shall be 6 taken to mean once a week for three (3) consecutive weeks inat least one (1)7 the official newspaper ofgeneral circulation inthe district. It shall not be 8 necessary that publication be made on the same day of the week in each of the 9 three (3) weeks, but not less than fourteen (14) days (excluding the first day 10 of publication), shall intervene between the first publication and the last 11 publication, and publication shall be complete on the day of the last publica- 12 tion. 13 SECTION 49. That Section 39-1322, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 39-1322. NOTICE OF TIME OF HEARING ON PETITION -- ORDER FIXING BOUNDARIES 16 -- APPEAL. When such petition is presented to the board of county commission- 17 ers and filed in the office of the clerk of such board, the said board shall 18 set a time for a hearing upon such petition which shall not be less than four 19 (4) nor more than six (6) weeks from the date of the presentation and filing 20 of such petition. A notice of time of such hearing shall be published by said 21 board once each week for three (3) successive weeks previous to the time set 22 for such hearing inathe official newspaperpublished withinof the county in 23 which said district is situated. Said notice shall state that a hospital dis- 24 trict is proposed to be organized giving the proposed boundaries thereof and 25 that any taxpayer within the proposed boundaries of such proposed district may 26 on the date fixed for such hearing appear and offer any objection to the orga- 27 nization of such district, the proposed boundaries thereof or the including or 28 excluding of any real property, therein or therefrom. After hearing and con- 29 sidering any and all objections, if any such be interposed, the county commis- 30 sioners shall thereupon make an order, either denying such petition or grant- 31 ing the same, with or without modification, and shall accordingly fix the 32 boundaries of such proposed district in any order granting such petition. The 33 boundaries so fixed shall be the boundaries of said district after its organi- 34 zation be completed as provided inthis actsections 39-1318 through 39-1357, 35 Idaho Code, and a map showing the boundaries of such proposed district, as 36 finally fixed and determined by the board of county commissioners, shall be 37 prepared and filed in the office of the clerk of said board. Any person 38 aggrieved by said order, or any taxpayer within said proposed district may 39 take an appeal from said order establishing the boundaries of said district, 40 in the manner provided by sections 31-1509, 31-1510, 31-1511,and 31-1512, 41 Idaho Code, on questions of both law and fact. 42 SECTION 50. That Section 39-1323, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 39-1323. ELECTION IN PROPOSED DISTRICT -- NOTICE -- QUALIFICATIONS OF 45 VOTERS. Such petition may be filed with the clerk of the board of county com- 46 missioners at any time, and on such filing and after the county commissioners 47 have made an order finally fixing and determining the boundaries of the pro- 48 posed district, and have made and entered an order calling an election to be 49 held, subject to the provisions of section 34-106, Idaho Code, in said dis- 50 trict, said clerk shall cause to be published a notice of an election to be 51 held in such proposed district for the purpose of determining whether or not 43 1 the same shall be organized under the provisions ofthis actsections 39-1318 2 through 39-1357, Idaho Code. Provided, however, if an appeal is taken from 3 such order establishing the boundaries, such election shall not be held until 4 after the determination of such appeal. Such notice shall plainly and clearly 5 designate the boundaries in or the boundaries of said districts, and shall 6 state the name of the proposed districts as designated in the petition. 7 Such notice shall be published once not less than twelve (12) days prior 8 to the election, and a second time not less than five (5) days prior to such 9 election inathe official newspaperpublished withinof the county as afore- 10 said. At such election the voters shall vote for or against the organization 11 of the district. No person shall be entitled to vote at any election held 12 under the provisions ofthis chaptersections 39-1318 through 39-1357, Idaho 13 Code, unless he or she shall possess all the qualifications required of elec- 14 tors under the general laws of the state and be a resident of the proposed 15 district. 16 SECTION 51. That Section 39-1328, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 39-1328. ORGANIZATION OF BOARD -- SEAL -- DUTIES OF TREASURER -- COMPEN- 19 SATION OF MEMBERS -- FINANCIAL STATEMENT. After taking oath and filing bonds, 20 the board shall choose one (1) of its members as chairman of the board and 21 president of the district, and shall elect a secretary and treasurer of the 22 board and of the district who may or may not be members of the board. The sec- 23 retary and treasurer may be one (1) person. Such board shall adopt a seal and 24 the secretary shall keep in a well bound book a record of all its proceedings, 25 minutes of all meetings, certificates, contracts, bonds given by employees and 26 all corporate acts which shall be open to inspection by all owners of real 27 property in the district as well as to all other interested parties. 28 The treasurer shall keep strict and accurate accounts of all moneys 29 received by and disbursed for and on behalf of the district in permanent 30 records. He shall file with the board of trustees of the district, at the 31 expense of the district, a corporate fidelity bond in an amount to be fixed by 32 the board of trustees, in any case not less than ten thousand dollars 33 ($10,000), conditioned on the faithful performance of the duties of his 34 office. 35 Each member of the board may receive as compensation for his services, a 36 sum not in excess of six hundred dollars ($600) per annum, payable monthly. 37 Such annual sum shall be fixed by the board, by resolution adopted by majority 38 vote, at a regular monthly meeting in advance of the fiscal year in which it 39 is to become effective. In addition, each member of the board shall receive 40 the amount of his actual and necessary expenses incurred in the performance of 41 his official duties as authorized by the board of trustees. No member of the 42 board shall receive any compensation as an employee of the district or other- 43 wise, other than that herein provided, and no member of the board shall be 44 interested in any contract or transaction with the district except in his 45 official representative capacity. 46 It shall be the duty of the board of trustees to cause an audit to be made 47 of all financial affairs of the district during each fiscal year which audit 48 shall be made within one hundred twenty (120) days following the end of the 49 fiscal year. A financial statement shall be certified by the person making 50 such audit, which shall be published in the official newspaper ofgeneral cir-51culation inthe district in one (1) issue not more than thirty (30) days fol- 52 lowing the audit; such audit shall be made by registered accountant or certi- 53 fied public accountant, who is not otherwise employed by the district. 44 1 The court having jurisdiction of the district shall have the power to 2 remove directors for cause shown on petition, notice and hearing. 3 SECTION 52. That Section 39-1340, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 39-1340. NOTICES OF ELECTION ON PROPOSED INDEBTEDNESS. When such election 6 is ordered to be held, subject to the provisions of section 34-106, Idaho 7 Code, the board shall give notice by publication once not less than twelve 8 (12) days prior to the election and a second time not less than five (5) days 9 prior to the election published inone (1) or morethe official newspapers10withinof the district, if a newspaper is published therein. Said notices 11 shall recite the action of the board in deciding to bond the district, the 12 purpose thereof and the amount of the bonds supposed to be issued, the esti- 13 mated costs of the works or improvements as the case may be, the amount of 14 principal of the indebtedness to be incurred therefor, and the maximum rate of 15 interest to be paid on such indebtedness, and shall also specify the date of 16 the election, the time during which the polls shall be open. Notices shall 17 also name the place holding the election. 18 SECTION 53. That Section 39-2802, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 39-2802. PROCEDURES FOR FORMATION OF ABATEMENT DISTRICTS. Upon presenta- 21 tion to the board of county commissioners of a petition requesting the forma- 22 tion of an abatement district, which is signed by qualified resident property 23 owners of the territory of the proposed abatement district, equal to not less 24 than ten percent (10%) of the resident property owners that voted in the last 25 general election, the commissioners shall publish such petition when the fol- 26 lowing conditions are met: the petition must define the boundaries of the pro- 27 posed district and assessed tax valuation of the property therein. When the 28 above conditions have been met the county commissioners shall publish the 29 petition, and if after thirty (30) days no protests are received, an election 30 must be held at the next date specified in section 34-106, Idaho Code. The 31 petitioners shall bear the expense of holding the election. If there are writ- 32 ten protests, the county commissioners must hold a public hearing within 33 thirty (30) days after receipt of the written protests and after the hearing 34 hold an election. Notice of the time and place of such election shall be pub- 35 lished at least once not less than twelve (12) days prior to the election and 36 a second time not less than five (5) days prior to the election inat least37one (1)the official newspaperhaving general circulation inof the proposed 38 abatement district. Only qualified electors who own land within the district, 39 or the proposed district, and are residents of the county in which the dis- 40 trict, or a portion thereof, is located, or are spouses of such landowners 41 residing in such county, may vote on the formation of the district. A majority 42 of the votes cast will establish the district. 43 SECTION 54. That Section 39-2810, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 39-2810. WITHDRAWAL. Any portion of a mosquito abatement district which 46 will not be reasonably benefited by remaining within such district may be 47 withdrawn as in this section provided. Upon receiving a petition signed by 48 fifty (50) or more landowners within the portion desired to be withdrawn from 49 any mosquito abatement district, or by a majority of such landowners, if there 45 1 are less than one hundred (100) landowners within the portion sought to be 2 withdrawn, requesting the withdrawal of such portion from the district on the 3 ground that such portion will not be reasonably benefited by remaining in said 4 district, the board of county commissioners shall fix a time for hearing on 5 such petition and for hearing protests to the continuance of the remaining 6 territory as a mosquito abatement district. The hearing shall not be less than 7 ten (10) days nor more than thirty (30) days after the receipt thereof. The 8 board shall, at least one (1) week prior to the time so fixed, publish notice 9 of such hearing by one (1) publication inathe official newspaper ofgeneral10circulation inthe district, which the board deems most likely to give notice11to the inhabitants thereof,of the proposed withdrawal. 12 SECTION 55. That Section 39-5806, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 39-5806. STATE HAZARDOUS WASTE SITING MANAGEMENT PLAN -- PREPARATION -- 15 INCLUSIONS -- STUDIES -- PUBLIC HEARINGS -- SUMMARY -- AMENDMENTS -- RECOMMEN- 16 DATION. (1) Not later than January 1, 1987, the committee shall prepare a 17 state hazardous waste siting management plan. 18 (2) The plan shall: 19 (a) Provide for a reasonable geographic distribution of hazardous waste 20 treatment, storage, or disposal facilities to meet existing and probable 21 future needs. 22 (b) Be based upon location of generators, health and safety, economics of 23 transporting, types of waste and existing hazardous waste treatment, stor- 24 age, or disposal facilities. 25 (c) Include necessary legislative, administrative and economic mecha- 26 nisms, a timetable to carry out the plan. 27 (3) The committee may instruct the department of environmental quality, 28 the department of water resources and the transportation department to com- 29 plete studies as considered reasonably necessary for the completion of the 30 plan. The studies may include: 31 (a) An inventory and evaluation of the sources of hazardous waste genera- 32 tion within this state or from other states, including the types and quan- 33 tities of the hazardous waste. 34 (b) An inventory and evaluation of current hazardous waste management 35 practices and costs, including treatment and disposal, within this state. 36 (c) A projection or determination of future hazardous waste management 37 needs based on an evaluation of existing capacities, treatment or disposal 38 capabilities, manufacturing activity, limitations and constraints. Projec- 39 tion of needs shall consider the types and sizes of hazardous waste treat- 40 ment, storage, or disposal facilities, general locations within the state, 41 management control systems, and an identified need for additional pri- 42 vately owned or state owned treatment, storage, or disposal facilities. 43 (d) An investigation and analysis of methods and incentives to encourage 44 interstate and international cooperation in the management of hazardous 45 waste. 46 (e) An investigation and analysis of methods, incentives or technologies 47 for source reduction, reuse, recycling, or recovery of potentially hazard- 48 ous waste and a strategy for encouraging the utilization or reduction of 49 hazardous waste. 50 (f) An investigation and analysis of alternate methods for treatment and 51 disposal of hazardous waste. 52 (4) Upon completion of the plan, the committee shall publish a notice 53 after giving twenty (20) days' notice, as provided in section 60-1096, Idaho 46 1 Code, ina number ofthe official newspapers andof the county in which the 2 hazardous waste treatment, storage, or disposal facility is located or pro- 3 posed to be located and in the official newspaper of any adjoining county if 4 the facility is located or proposed to be located in the immediate vicinity of 5 that county. The committee shall also issue a statewide news release announc- 6 ing the availability of the plan for inspection by interested persons. The 7 announcement shall indicate where and how the plan may be obtained or reviewed 8 and shall indicate that not less than three (3) public hearings shall be con- 9 ducted at varying locations in the state before formal adoption. The first 10 public hearing shall not be held until sixty (60) days have elapsed from the 11 date of the notice announcing the availability of the plan. 12 (5) After public hearings, the committee shall prepare a written summary 13 of the comments received, provide comments on the major concerns raised, make 14 amendments to the plan as necessary and shall formally adopt the plan, and 15 shall submit the plan to the legislature at the first regular session of the 16 legislature following adoption of the plan. 17 SECTION 56. That Section 39-5814, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 39-5814. DUTIES OF DIRECTOR UPON RECEIPT OF A SITING LICENSE APPLICATION 20 -- RECOMMENDATION. (1) Upon receipt of a complete siting license application, 21 the director or an authorized representative of the director shall: 22 (a) Immediately notify the permanent panel members, the city and/or 23 county in which the hazardous waste treatment, storage, or disposal facil- 24 ity is located or proposed to be located, the state fire marshal, the 25 director of the department of fish and game, the director of the Idaho 26 state police, and each division within the department that has responsi- 27 bility in land, air or water management, and other appropriate agencies. 28 The notice shall describe the procedure and the schedule based on the com- 29 plexity of the application by which the siting license may be approved or 30 denied. 31 (b) Immediately publish a notice that the application has been received, 32 as provided in section 60-1096, Idaho Code, inathe official newspaper 33having major circulation inof the countyand the immediate vicinity of34the proposedin which the hazardous waste treatment, storage, or disposal 35 facility is located or proposed to be located and in the official news- 36 paper of any adjoining county if the facility is located or proposed to be 37 located in the immediate vicinity of that county. The required published 38 notice shall contain a map indicating the location of the proposed hazard- 39 ous waste treatment, storage, or disposal facility and shall contain a 40 description of the proposed action and the location where the complete 41 application package may be reviewed and where copies may be obtained. The 42 notice shall describe the procedure by which the siting license may be 43 granted. 44 (2) Upon notification by the director, the chairman shall immediately 45 notify the representatives of the state to the panel and the public members. 46 The chairman shall also notify the applicable county and city for their 47 appointment of members as provided in subsection (3) of section 39-5812, 48 Idaho Code. Within thirty (30) days after the notification, the board of com- 49 missioners of the county and the city council shall select the members to 50 serve on the panel. The panel shall be created at that time and notification 51 of the creation of the panel shall be made to the chairman. 52 (3) If technical criteria are not applicable, the director shall submit 53 to the panel a draft site license which includes conditions based on the 47 1 information submitted in the application. The director shall also recommend to 2 the panel that the license be issued or denied. The draft license submittal 3 shall be made within sixty-five (65) days after a complete application is 4 received. 5 (4) If technical criteria as adopted in the hazardous waste management 6 plan are applicable, the director shall determine if the proposed facility 7 complies with the criteria. Such determination shall be made within forty-five 8 (45) days after a complete application is received. If the technical criteria 9 are not met, the director shall deny the license and the panel shall be dis- 10 banded. If the technical criteria are met, the director shall submit to the 11 panel a draft site license which includes conditions regarding the technical 12 criteria to be met. These conditions may be more stringent than those in the 13 plan if warranted by information provided in the application. The draft 14 license may also include additional conditions based on the information sub- 15 mitted in the application regarding the construction of the facility. The 16 director shall also recommend to the panel that the license be issued or 17 denied. The denial or draft license submittal shall be made within sixty-five 18 (65) days after a complete application is received. The director shall immedi- 19 ately notify the applicant and the chairman of the panel of the denial or 20 draft license submittal. 21 (5) Within ten (10) days after submittal of a draft license, the panel 22 shall meet to review and establish a timetable for the consideration of the 23 draft site license. 24 (6) The panel shall: 25 (a) At its first meeting, sSet a date and arrange for publication of 26 notice of a public hearing, as provided in section 60-106, Idaho Code, in 27athe official newspaperhaving major circulation in the vicinity of the28proposed site, at its first meetingof the county in which the hazardous 29 waste treatment, storage, or disposal facility is located or proposed to 30 be located and in the official newspaper of any adjoining county if the 31 facility is located or proposed to be located in the immediate vicinity of 32 that county. The public notice shall: 33 (i) Contain a map indicating the location of the proposed hazardous 34 waste treatment, storage, or disposal facility, a description of the 35 proposed action, and the location where the application for a siting 36 license may be reviewed and where copies may be obtained; 37 (ii) Identify the time, place and location for the public hearing 38 held to receive public comment and input on the application for a 39 siting license; 40 (b) Publish the notice not less than thirty (30) days before the date of 41 the public hearing and the notice shall be, at a minimum, a twenty (20) 42 days' notice as provided in section 60-109, Idaho Code. 43 (7) Comment and input on the proposed hazardous waste treatment, storage, 44 or disposal facility may be presented orally or in writing at the public hear- 45 ing, and shall continue to be accepted in writing by the panel for fifteen 46 (15) days after the public hearing date. 47 (8) The panel shall consider, among other things: 48 (a) The risk and impact of accident during the transportation of hazard- 49 ous waste; 50 (b) The risk of fires or explosions from improper treatment, storage, or 51 disposal methods; 52 (c) The impact on local units of government where the proposed hazardous 53 waste treatment, storage, or disposal facility is to be located in terms 54 of health, safety, cost and consistency with local planning and existing 55 development. The panel shall also consider city and county ordinances, 48 1 permits or other requirements and their potential relationship to the pro- 2 posed hazardous waste treatment, storage, or disposal facility; 3 (d) The nature of the probable environmental impact. 4 (9) The panel's primary responsibility shall be to consider the concerns 5 and objections submitted by the public. The panel shall facilitate efforts to 6 provide that the concerns and objections are mitigated by proposing additional 7 conditions regarding the construction of the facility. The panel may propose 8 conditions which integrate the provisions of the city or county ordinances, 9 permits or requirements. 10 (10) Within ninety (90) days after creation, the panel shall recommend to 11 the director that the license be issued as proposed, issued with different or 12 additional conditions, or denied. The director shall make a final decision 13 within thirty (30) days after receipt of the panel's recommendation. If the 14 panel recommends different or additional conditions, a clear statement of the 15 need for the condition must be submitted to the director. If the panel recom- 16 mends denial, a clear statement of the reasons for the denial must be submit- 17 ted to the director. 18 (11) The director shall issue a siting license if the director determines 19 that: 20 (a) The technical criteria are met; 21 (b) The harm to scenic, historic, cultural or recreational values is not 22 substantial or can be mitigated by appropriate license conditions; 23 (c) The risk and impact of accident during transportation of hazardous 24 waste is not substantial or can be mitigated with appropriate license con- 25 ditions; 26 (d) The impact on local government is not adverse regarding health, 27 safety, cost and consistency with local planning and existing development 28 or can be mitigated with appropriate license conditions; and 29 (e) No other major concerns have been raised by the panel regarding pub- 30 lic health or the environment which cannot be mitigated by special license 31 conditions. 32 (12) An applicant denied a siting license pursuant to this chapter or any 33 person aggrieved by a decision of the director pursuant to this chapter may 34 within twenty-eight (28) days, after all remedies have been exhausted under 35 the provisions of this chapter, seek judicial review under the procedures pro- 36 vided in chapter 52, title 67, Idaho Code. 37 (13) No permit pursuant to section 39-4409, Idaho Code, shall be issued 38 unless the applicant has been issued a site license. 39 SECTION 57. That Section 39-7408, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 39-7408. SITE CERTIFICATION PROCEDURE. (1) It shall be the responsibility 42 of each applicant to obtain site certification from the director. The site 43 certification process is hereby established to ascertain compliance with the 44 requirements of section 39-7407, Idaho Code. 45 (2) The site certification procedure shall be administered in the follow- 46 ing manner: 47 (a) Prior to submittal of the application, the applicant may conduct a 48 site tour for the director, health district and all other public agencies 49 with jurisdiction to familiarize the agencies with characteristics of the 50 site and site surroundings. 51 (b) The applicant may then submit an application to the director. The 52 application shall address each of the criteria set forth in section 53 39-7407, Idaho Code, explaining the technical findings regarding each. 49 1 (c) Wherever technical evaluation of relevant information is required, a 2 qualified professional, as appropriate, shall certify compliance with the 3 requisite criteria. 4 (d) When the application is submitted to the director, the applicant 5 shall publish legal notice of submittal of the application, as provided in 6 section 60-106, Idaho Code, in the official newspaperpublished in the7county as determined by the criteria in section 31-819, Idaho Code, andof 8 the county in which the MSWLF is located or proposed to be located and in 9 the official newspaper of any adjoining county if the MSWLF is located or 10 proposed to be located in the immediate vicinity of that county. The 11 applicant shall make the application available for public inspection and 12 copying. The date of publication of such notice shall begin a twenty-eight 13 (28) day comment period during which written comments concerning the 14 application may be submitted to the director. 15 (e) The director shall act upon the application within twenty-one (21) 16 days of the end of the comment period set forth above and shall enter a 17 decision either certifying the site or rejecting the application. The 18 director shall review the site certification application, not contravening 19 the opinion of the applicant's qualified professional(s) without reliable 20 empirical evidence that the affirmations in the application are erroneous. 21 Upon finding that the criteria of section 39-7407, Idaho Code, have been 22 affirmed by qualified professionals, the director shall certify the site. 23 Any rejection of a site certification application shall be accompanied by 24 findings in writing expressly stating the criteria insufficiently docu- 25 mented and/or violated and the evidence relied upon in making such deter- 26 mination. Failure of the director to act within twenty-one (21) days shall 27 constitute site certification. An applicant shall be provided an opportu- 28 nity to appeal any denial of certification. 29 (f) Site certification is transferable with ownership of the site. 30 (g) Within ten (10) working days of receipt of certification from the 31 director, the applicant shall publish notice in the official newspaper as 32 providedforin subsection (d) of this section, informing the public that 33 certification of the site has been approved. 34 SECTION 58. That Section 39-7408D, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 39-7408D. DUTIES OF THE DIRECTOR RELATIVE TO SITING APPLICATIONS. (1) 37 Upon receipt of a complete siting license application, the director or an 38 authorized representative of the director shall: 39 (a) Notify the permanent panel members, the city and/or county in which 40 the commercial solid waste facility is located or proposed to be located, 41 the director of the department of fish and game, the director of the Idaho 42 state police, and other state agencies as deemed appropriate by the direc- 43 tor. 44 (b) Publish a notice that the application has been received, as provided 45 in section 60-1096, Idaho Code, inathe official newspaperhaving major46circulation inof the countyand the immediate vicinity of the proposedin 47 which the commercial solid waste facility is located or proposed to be 48 located and in the official newspaper of any adjoining county if the 49 facility is located or proposed to be located in the immediate vicinity of 50 that county. The notice shall contain a map indicating the location of the 51 proposed commercial solid waste facility, a description of the proposed 52 action and the location where the application may be reviewed. The notice 53 shall describe the procedure by which the siting license may be granted. 50 1 (2) Upon notification by the director, the chairman shall immediately 2 notify the representatives of the state to the panel and the public members. 3 The chairman shall also notify the applicable county and city for their 4 appointment of members as provided in subsection (2) of section 39-7408B, 5 Idaho Code. Within thirty (30) days after the notification, the board of com- 6 missioners of the county and the city council shall select the members to 7 serve on the panel. The panel shall be created at that time and notification 8 of the creation of the panel shall be made to the chairman. 9 (3) Within thirty (30) days after appointment of panel members, the panel 10 shall meet to review and establish a timetable for the consideration of the 11 draft site license. 12 (4) The panel shall: 13 (a) At its first meeting, sSet a date and arrange for publication of 14 notice of a public hearing, as provided in section 60-106, Idaho Code, in 15athe official newspaperhaving major circulation in the vicinity of the16proposed site, at its first meetingof the county in which the commercial 17 solid waste facility is located or proposed to be located and in the offi- 18 cial newspaper of any adjoining county if the facility is located or pro- 19 posed to be located in the immediate vicinity of that county. The public 20 notice shall: 21 (i) Contain a map indicating the location of the proposed commercial 22 solid waste facility, a description of the proposed action, and the 23 location where the application for a siting license may be reviewed 24 and where copies may be obtained; 25 (ii) Identify the time, place and location for the public hearing 26 held to receive public comment and input on the application for a 27 siting license; 28 (b) Publish the notice not less than thirty (30) days before the date of 29 the public hearing and the notice shall be, at a minimum, a twenty (20) 30 days' notice as provided in section 60-109, Idaho Code. 31 (5) Comment and input on the proposed commercial solid waste facility may 32 be presented orally or in writing at the public hearing, and shall continue to 33 be accepted in writing by the panel for thirty (30) days after the public 34 hearing date. The public hearing shall be held in the same county as the pro- 35 posed site. If the proposed site is adjacent to a city or populated area in a 36 neighboring county, it is recommended that public hearings also be held in the 37 neighboring county. 38 (6) The panel shall consider, but not be limited to, the following: 39 (a) The risk of the spread of disease or impact upon public health from 40 improper treatment, storage, or incineration methods; 41 (b) The impact on local units of government where the proposed commercial 42 solid waste facility is to be located in terms of health, safety, cost and 43 consistency with local planning and existing development. The panel shall 44 also consider city and county ordinances, permits or other requirements 45 and their potential relationship to the proposed commercial solid waste 46 facility; 47 (c) The nature of the probable environmental and public health impact; 48 (d) The financial capability of the applicant to construct, operate and 49 close the commercial solid waste facility. 50 (7) The panel shall consider the concerns and objections submitted by the 51 public. The panel shall facilitate efforts to provide that the concerns and 52 objections are mitigated by proposing additional conditions regarding the con- 53 struction of the commercial solid waste facility. The panel may propose condi- 54 tions which integrate the provisions of the city or county ordinances, permits 55 or requirements. 51 1 (8) Within one hundred eighty (180) days after creation, the panel shall 2 recommend to the director that the license be issued, issued with conditions, 3 or rejected. The director shall act on a license application within sixty (60) 4 days after receipt of the panel's recommendation. If the panel recommends con- 5 ditions, a clear statement of the need for a condition must be submitted to 6 the director. If the panel recommends rejection, a clear statement of the rea- 7 sons for the denial must be submitted to the director. 8 (9) The director shall issue, issue with conditions or reject a siting 9 license only as recommended by the siting panel. The director may reconvene a 10 siting panel and request reconsideration of its original recommendation prior 11 to the director's final action. 12 (10) An applicant or any person aggrieved by a decision of the director 13 pursuant to this chapter may within sixty (60) days of the director's deci- 14 sion, and, after all remedies have been exhausted under the provisions of this 15 chapter, seek judicial review under the procedures provided in chapter 52, 16 title 67, Idaho Code, and may also seek de novo judicial review. 17 SECTION 59. That Section 39-7411, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 39-7411. DESIGN REVIEW PROCEDURE. (1) Design of a MSWLF unit shall not be 20 reviewed until site certification has been obtained. After obtaining site cer- 21 tification, an applicant shall produce design plans and specifications which 22 comply with the design standards set forth in sections 39-7409 and 39-7410, 23 Idaho Code. The responsibility for complying with said standards shall rest 24 solely with the applicant of the site. 25 (2) An applicant may notify the director of its intent to initiate a 26 MSWLF site design and meet with the director to discuss standards, schedule, 27 design process to be used and particular concerns of the director. 28 (3) The applicant shall conduct aerial and cadastral surveys, relevant 29 studies, and prepare a hydrogeologic report which will satisfy standards and 30 other provisions in accordance with this chapter and applicable stateregula-31tionsrules. Specific climatic data and verification of location restrictions 32 shall be included. 33 (4) The applicant shall submit findings and a tentative design plan, 34 including preliminary schematic design of environmental monitoring systems to 35 the director as a result of the preliminary design investigation. The submit- 36 tal initiates a twenty-eight (28) day period for department review and com- 37 ment. Concurrent with the submittal to the director, the applicant shall pub- 38 lish notice, as provided in section 60-106, Idaho Code, inathe official 39 newspaper ofgeneral circulation, as determined by the criteria in section4031-819, Idaho Code, inthe countywhereinin which the MSWLFwould beis 41 locatednotifyingor proposed to be located and in the official newspaper of 42 any adjoining county if the MSWLF is located or proposed to be located in the 43 immediate vicinity of that county. The notice shall notify the public that a 44 preliminary design plan has been submitted to the director and is available 45 for public review. The date of publication initiates a twenty-eight (28) day 46 period for department review and public comment. Written public comments con- 47 cerning the proposed design plan shall be compiled by the director. The com- 48 piled public comments received by the director and those generated by the 49 director shall be transmitted to the owner, and the applicant if other than 50 the owner, no more than thirty-five (35) days after the date of publication of 51 the notice or seven (7) days after the end of the public comment period, 52 whichever is later. 53 (5) When a response is received from the director, the applicant may sub- 52 1 mit the facility design, ground water monitoring program, and specifications, 2 in a final design report which addresses standards established by this chap- 3 ter, applicable federal regulations and other relevant provisions of state 4 law. Said submittal shall include a site-specific analysis of hydrogeologic 5 conditions, location restrictions and other factors relevant to long-term site 6 integrity, and shall address comments from the public and the director related 7 to objective standards in the final design report. Said submittal shall be 8 prepared by a qualified professional in a manner consistent with sound profes- 9 sional practices. The submittal of this final design report initiates a fifty- 10 six (56) day period for the director's review. 11 (6) Concurrent with submittal to the director, the applicant shall 12 release the final design report, including all supporting reports, plans and 13 documentation, to the extent practicable, for public comment by placing it for 14 inspection at every public library within the county where the proposed MSWLF 15 would be located. Copies of the submittal shall be made available for posses- 16 sion, at the cost of duplication, at a public location in the county seat of 17 the county where the proposed MSWLF unit would be located. The applicant shall 18 publish notice, as provided in section 60-106, Idaho Code, inathe official 19 newspaper ofgeneral circulation, as determined by the criteria in section2031-819, Idaho Code, inthe countywhereinin which the MSWLFwould beis 21 locatednotifyingor proposed to be located and in the official newspaper of 22 any adjoining county if the MSWLF is located or proposed to be located in the 23 immediate vicinity of that county. The notice shall notify the public that a 24 final design report has been submitted to the director and is available for 25 public review. Public comments shall be submitted, in writing, to the director 26 within twenty-eight (28) days of the date of publication. 27 (7) No more than fifty-six (56) days after publication of notice of sub- 28 mittal, or twenty-eight (28) days after the close of an advertised public com- 29 ment period, whichever is later, the director shall enter a decision either 30 approving or disapproving the final design. The decision shall be in writing 31 and shall make one (1) of the following findings: 32 (a) Based upon the information submitted, design complies with applicable 33 standards. 34 (b) Based upon the information submitted, the design does not comply with 35 applicable standards, setting forth with specificity the material stan- 36 dards not met or insufficiently documented. 37 (c) Failure to comport with professional standards. 38 Failure of the director to respond to an applicant's request for approval 39 in the manner provided herein shall constitute approval of the request. Con- 40 struction shall not be initiated on a MSWLF unit until approval has been 41 granted, except that construction prior to approval may be initiated prior to 42 July 1, 1993, for a MSWLF unit which meets the design standard of section 43 39-7409(2)(a), Idaho Code. The applicant shall publish notice of approval ina44 the official newspaperof general circulationas provided in subsection (6) of 45 this section when affirmative ordefactode facto approval is given. 46 (8) Upon entering a decision of disapproval, an automatic twenty-one (21) 47 day stay of proceedings shall occur unless waived by the applicant. During the 48 twenty-one (21) day stay, the director and the applicant may meet and confer 49 to attempt to reconcile differences. At any point during that twenty-one (21) 50 day period the director and applicant can reach an accord and approval can be 51 granted, with construction authorized at that point. The applicant can tender 52 a written waiver of this twenty-one (21) day reconciliation period which would 53 initiate the requirement provided for in subsection (9) of this section. At 54 any time in the review process or post-decision reconciliation process the 55 applicant and director may mutually agree to extend thetimeframestime frames 53 1 contained herein and may resort to mediation, arbitration, or binding arbitra- 2 tion to resolve differences as they mutually see fit. 3 (9) If differences are not reconciled in the period set forth in subsec- 4 tion (8) of this section, the director shall notify the owner that the design 5 remains disapproved. Said notice of disapproval shall incorporate the ratio- 6 nale for disapproval contained in the original decision of disapproval, delet- 7 ing any issues resolved in the post-decision reconciliation period. 8 (10) Following final action by the director the applicant may file a peti- 9 tion with the district court, with concurrent notice to the director, in the 10 county where the proposed MSWLF would be located for expedited appellate 11 review of the director's decision. The petition shall set forth the specific 12 basis for the appeal and shall identify the legal and factual basis for con- 13 testing the disapproval by the director. The director shall submit a copy of 14 the entire record upon which its disapproval has been based no more than four- 15 teen (14) days after the date the applicant's petition for review has been 16 filed. Only information which has been available during the design review 17 process may be used in the judicial review process. 18 (11) All issues claimed as a basis of appeal by the applicant shall be 19 addressed in a memorandum filed with the petition appealing disapproval by the 20 director. The director shall submit a reply memorandum no later than fourteen 21 (14) days after the applicant's petition for review has been filed. 22 (12) Upon the record, the applicable law, the memoranda of the respective 23 parties, and such independent technical assistance as the court may find it 24 necessary and appropriate to retain, the court shall evaluate the applicant's 25 petition and the decision by the director and shall render a decision no more 26 than twenty-one (21) days after the completed record, and accompanying memo- 27 randum, if one is filed, are submitted to the court by the director. The court 28 shall sustain the director's disapproval action if it affirmatively finds that 29 the record contains substantial evidence that the design does not comply with 30 standards as specified pursuant to section 39-7412(7)(b) or (c), Idaho Code. 31 If the court finds the disapproval is not supported by substantial evidence in 32 the record, it shall reverse the director's action and remand the matter to 33 the director with appropriate instructions. 34 (13) The procedure set forth in subsections (10) through (12) of this sec- 35 tionareis effective until January 1, 1994. On and after January 1, 1994, the 36 applicant is entitled to judicial review pursuant to chapter6752, title5237 67, Idaho Code. Upon waiver or expiration of the twenty-one (21) day reconcil- 38 iation period, the director and the applicant shall stipulate to accelerated 39 judicial review pursuant to court approval where the ordinary review period 40 provided in chapter6752, title5267, Idaho Code, may reasonably result in 41 substantial increased costs to the applicant, potential violations of federal 42 or state environmental laws or threats to the public health and environment. 43 SECTION 60. That Section 39-7910, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 39-7910. DUTIES OF THE DIRECTOR RELATIVE TO APPLICATIONS. (1) Upon deter- 46 mination that a siting application is complete, the director shall: 47 (a) Notify the permanent panel members, the city and/or county in which 48 the swine facility site is located, the director of the department of fish 49 and game, the director of the department of law enforcement, and other 50 state agencies as deemed appropriate by the director. 51 (b) Publish a notice that the application has been received, as provided 52 in section 60-1096, Idaho Code, inathe official newspaperhaving major53circulation inof the countyand the immediate vicinity of the sitein 54 1 which the swine facility site is located or proposed to be located and in 2 the official newspaper of any adjoining county if the facility is located 3 or proposed to be located in the immediate vicinity of that county. The 4 notice shall contain a map indicating the location of the site, a descrip- 5 tion of the proposed action and the location where the application may be 6 reviewed. The notice shall describe the procedure by which the siting 7 approval under this chapter may be granted. 8 (2) Upon notification by the director, the chairman shall immediately 9 notify the representatives of the state to the panel and the public members. 10 The chairman shall also notify the applicable county and city for their 11 appointment of members as provided in subsection (2) of section 39-7908, Idaho 12 Code. Within thirty (30) days after the notification, the board of commission- 13 ers of the county and the city council shall select the members to serve on 14 the panel. The panel shall be created at that time and notification of the 15 creation of the panel shall be made to the chairman. 16 (3) Within thirty (30) days after appointment of panel members, the panel 17 shall meet to review and establish a timetable for the consideration of the 18 draft site approval. 19 (4) The panel shall: 20 (a) At its first meeting, sSet a date and arrange for publication of 21 notice of a public hearing, as provided in section 60-106, Idaho Code, in 22athe official newspaperhaving major circulation in the vicinity of the23proposed site, at its first meetingof the county in which the swine 24 facility site is located or proposed to be located and in the official 25 newspaper of any adjoining county if the facility is located or proposed 26 to be located in the immediate vicinity of that county. The public notice 27 shall: 28 (i) Contain a map indicating the location of the site and proposed 29 facility, a description of the proposed action, and the location 30 where the application for a siting approval may be reviewed and where 31 copies may be obtained; 32 (ii) Identify the time, place and location for the public hearing 33 held to receive public comment and input on the application for a 34 siting approval; 35 (b) Publish the notice not less than thirty (30) days before the date of 36 the public hearing and the notice shall be, at a minimum, a twenty (20) 37 days' notice as provided in section 60-109, Idaho Code. 38 (5) Comment and input on the proposed siting of the swine facility may be 39 presented orally or in writing at the public hearing, and shall continue to be 40 accepted in writing by the panel for thirty (30) days after the public hearing 41 date. The public hearing shall be held in the same county as the proposed 42 site. If the proposed site is adjacent to a city or populated area in a neigh- 43 boring county, it is recommended that public hearings also be held in the 44 neighboring county. 45 (6) The panel shall consider, but not be limited to, the following: 46 (a) The risk of the spread of disease or impact upon public health from 47 improper treatment, storage or incineration methods; 48 (b) The impact on local units of government where the proposed swine 49 facility is to be located in terms of health, safety, cost and consistency 50 with local planning and existing development; 51 (c) The nature of the probable environmental and public health impact; 52 (d) The financial capability of the applicant to construct, operate and 53 close the swine facility.; 54 (e) Impact on adjacent property values. 55 (7) The panel shall consider the concerns and objections submitted by the 55 1 public. The panel shall facilitate efforts to provide that the concerns and 2 objections are mitigated by proposing additional conditions regarding the con- 3 struction of the swine facility. The panel may propose conditions which inte- 4 grate the provisions of the city or county ordinances, permits or require- 5 ments. 6 (8) Within one hundred eighty (180) days after creation, the panel shall 7 issue an approval letter, approval letter with conditions, or rejection. If 8 the panel recommends conditions, a clear statement of the need for a condition 9 must be submitted to the director. If the panel recommends rejection, a clear 10 statement of the reasons for the rejection must be submitted to the director. 11 (9) The director shall not issue a permit to operate under IDAPA 121658.01.09, unless a site has been approved by the site review panel. Approval 13 of a site by the panel does not require the director to issue a permit to 14 operate under IDAPA1658.01.09. 15 SECTION 61. That Section 50-227, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 50-227. SEPARATION OF AGRICULTURAL LANDS -- NOTICE OF PETITION AND HEAR- 18 ING THEREON. Upon the filing of such petition with the clerk of such court and 19 paying a fee of ten dollars ($10.00), which fee shall be in full for all 20 clerk's fees except the regular fees provided by law on the appeals, the said 21 court shall fix a time for the hearing thereupon, which shall not be less than 22 thirty (30) days from the filing of such petition, and the petitioners shall 23 serve or cause to be served a notice of such hearing upon the mayor or clerk 24 of such city at least twenty (20) days before the time fixed for such hearing. 25 Thesaid petitioner or petitionerscity shallalso cause to be published26 provide public notice of the hearing by publishing in the official city news- 27 paper once a week in two (2) consecutive weekly issuesin some newspaper pub-28lished in said city where the land sought to be detached is situated, or, in29case no newspaper is published in said city, cause notices to be posted in at30least three (3) conspicuous places in said city, said noticestating the time 31 and place of such hearing and that any person desiring to protest or object to 32 the granting of the prayer of said petition may do so by filing with the clerk 33 of said court at least two (2) days before the day set for the hearing of said 34 petition his objections or protests in writing. Such notice shall state gener- 35 ally the purpose of the petition and the location and description of the land 36 sought to be detached from the corporate limits of said city. 37 SECTION 62. That Section 50-326, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 50-326. WATER, LIGHT, POWER AND GAS PLANTS -- LEASING -- SELLING -- PRO- 40 CEDURE. Whenever any city in this state shall own its own water plant, water 41 system, electric power plant or electric light and power transmission and 42 electric distribution system or natural gas distribution system, the city 43 council of such city may lease and sell such systems, provided, however, that 44 before doing so, the question of leasing or selling such property shall be 45 submitted to the qualified electors who pay taxes on real property within said 46 city, at a special election held for that purpose, and if a majority of the 47 votes cast at such election are in favor of leasing or selling such property, 48 the city council may then lease or sell the same; but in case the majority of 49 the votes cast at such special election shall be against the leasing or sell- 50 ing of such property, the city council shall have no power to lease or sell 51 the same. The election to be called shall be held only after notice thereof 56 1 has been published at least once a week for two (2) consecutive weeks, before 2 the election, in the official newspaper of said city.Notice of such special3election shall also be posted by the city clerk in three (3) public places in4such city, at least ten (10) days before such special election.A city council 5 may enter into agreements pursuant to this section to lease with the option to 6 sell any plant or system described in this section. A city council may only 7 terminate such lease/option to sell agreements during the term of the agree- 8 ment for default by the entity leasing such plant or system. Such lease/option 9 to sell agreements are subject to the voter approval requirements of this sec- 10 tion. 11 SECTION 63. That Section 50-1708, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 50-1708. NOTICE OF INTENTION AND HEARING. The notice of intention shall 14 be published in the official newspaper of the municipality in three (3) con- 15 secutive issues if a daily newspaper, or in two (2) issues if a weekly news- 16 paper.or in case no newspaper is published in such municipality then by post-17ing for five (5) days in three (3) public places within the proposed improve-18ment district.A copy of such notice shall be mailed to each owner of property 19 if known or his agent if known, within the limits of the proposed improvement 20 district, addressed to such person at his post office address if known, or if 21 unknown, to a post office in the municipality where the improvement is to be 22 made. Ownership of property shall be determined as of the date of the adoption 23 of the resolution of intent to create. The hearing shall take place not less 24 than ten (10) days from the date of the first of said publicationsor postings25 or the date of said mailing, whichever is later. 26 SECTION 64. That Section 50-1752, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 50-1752. SALE OF PROPERTY AFTER MATURITY OF BONDS. Within thirty (30) 29 days after the maturity of the lastinstalmentinstallment of any issue of 30 bonds of a local improvement district, if any such bonds or interest coupons 31 shall remain unpaid, any property remaining unsold, to which the municipality 32 has taken title by reason of assessment of such improvement district, shall be 33 appraised and immediately after said appraisement such property shall be 34 offered for sale by giving notice of the time and place of sale thereof by 35 publication of such notice inathe official newspaperpublished inof the 36 municipality for ten (10) consecutive issues if a daily paper, or in two (2) 37 consecutive issues if a weekly paper,or if there be no newspaper published in38such municipality then in a newspaper having general circulation therein,the 39 date of sale to be not less than twenty (20) days from the date of the first 40 publication of such notice. At the time and place designated in the notice the 41 treasurer shall offer such property for sale to the highest bidder, but no 42 sale shall be made for less than the appraised value. If no bid be received 43 for a sum equal to or greater than the appraised value, then the sale may be 44 postponed for not to exceed thirty (30) days, and shall be readvertised, and 45 at the time to which such sale was postponed shall again be offered for sale 46 and sold to the highest bidder. Upon the sale of any property and the payment 47 therefor, a deed shall be executed to the purchaser in the same manner, as 48 provided for the execution of deeds in section 50-1751. 49 SECTION 65. That Section 50-2006, Idaho Code, be, and the same is hereby 50 amended to read as follows: 57 1 50-2006. URBAN RENEWAL AGENCY. (a) There is hereby created in each munic- 2 ipality an independent public body corporate and politic to be known as the 3 "urban renewal agency" for the municipality; provided, that such agency shall 4 not transact any business or exercise its powers hereunder until or unless the 5 local governing body has made the findings prescribed in section 50-2005, 6 Idaho Code. 7 (b) Upon the local governing body making such findings, the urban renewal 8 agency is authorized to transact the business and exercise the powers hereun- 9 der by a board of commissioners to be appointed or designated as follows: 10 (1) The mayor, by and with the advice and consent of the local governing 11 body, shall appoint a board of commissioners of the urban renewal agency 12 which shall consist of not less than three (3) commissioners nor more than 13 nine (9) commissioners. In the order of appointment, the mayor shall des- 14 ignate the number of commissioners to be appointed, and the term of each, 15 provided that the original term of office of no more than two (2) commis- 16 sioners shall expire in the same year. The commissioners shall serve for 17 terms not to exceed five (5) years, from the date of appointment, except 18 that all vacancies shall be filled for the unexpired term. For ineffi- 19 ciency or neglect of duty or misconduct in office, a commissioner may be 20 removed only after a hearing and after he shall have been given a copy of 21 the charges at least ten (10) days prior to such hearings and have had an 22 opportunity to be heard in person or by counsel. 23 (2) By enactment of an ordinance, the local governing body may appoint 24 and designate itself to be the board of commissioners of the urban renewal 25 agency, in which case all the rights, powers, duties, privileges and immu- 26 nities vested by the urban renewal law of 1965, and as amended, in an 27 appointed board of commissioners, shall be vested in the local governing 28 body, who shall, in all respects when acting as an urban renewal agency, 29 be acting as an arm of state government, entirely separate and distinct 30 from the municipality, to achieve, perform and accomplish the public pur- 31 poses prescribed and provided by said urban renewal law of 1965, and as 32 amended. 33 (3) By enactment of an ordinance, the local governing body may terminate 34 the appointed board of commissioners and thereby appoint and designate 35 itself as the board of commissioners of the urban renewal agency. 36 (c) A commissioner shall receive no compensation for his services but 37 shall be entitled to the necessary expenses, including traveling expenses, 38 incurred in the discharge of his duties. Each commissioner shall hold office 39 until his successor has been appointed and has qualified. A certificate of the 40 appointment or reappointment of any commissioner shall be filed with the clerk 41 of the municipality and such certificate shall be conclusive evidence of the 42 due and proper appointment of such commissioner. 43 The powers of an urban renewal agency shall be exercised by the commis- 44 sioners thereof. A majority of the commissioners shall constitute a quorum for 45 the purpose of conducting business and exercising the powers of the agency and 46 for all other purposes. Action may be taken by the agency upon a vote of a 47 majority of the commissioners present, unless in any case the bylaws shall 48 require a larger number. 49 The mayor may appoint a chairman, a cochairman, or a vice chairman for a 50 term of office of one (1) year from among the commissioners, thereafter the 51 commissioners shall elect the chairman, cochairman or vice chairman for a term 52 of one (1) year from among their members. An agency may employ an executive 53 director, technical experts and such other agents and employees, permanent and 54 temporary, as it may require, and determine their qualifications, duties and 55 compensation. For such legal service as it may require, an agency may employ 58 1 or retain its own counsel and legal staff. An agency authorized to transact 2 business and exercise powers under this chapter shall file, with the local 3 governing body, on or before March 31 of each year a report of its activities 4 for the preceding calendar year, which report shall include a complete finan- 5 cial statement setting forth its assets, liabilities, income and operating 6 expense as of the end of such calendar year. At the time of filing the report, 7 the agency shall publish inathe official newspaper ofgeneral circulation in8 thecommunityagency a notice to the effect that such report has been filed 9 with the municipality and that the report is available for inspection during 10 business hours in the office of the city clerk or county recorder and in the 11 office of the agency. 12 (d) An urban renewal agency shall have the same fiscal year as a munici- 13 pality and shall be subject to the same audit requirements as a municipality. 14 An urban renewal agency shall be required to prepare and file with its local 15 governing body an annual financial report and shall prepare, approve and adopt 16 an annual budget for filing with the local governing body, for informational 17 purposes. A budget means an annual estimate of revenues and expenses for the 18 following fiscal year of the agency. 19 (e) An urban renewal agency shall comply with the public records law pur- 20 suant to chapter 3, title 9, Idaho Code, open meetings law pursuant to chapter 21 23, title 67, Idaho Code, the ethics in government law pursuant to chapter 7, 22 title 59, Idaho Code, and the competitive bidding provisions of chapter 28, 23 title 67, Idaho Code. 24 SECTION 66. That Section 50-2008, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 50-2008. PREPARATION AND APPROVAL OF PLAN FOR URBAN RENEWAL PROJECT. (a) 27 An urban renewal project for an urban renewal area shall not be planned or 28 initiated unless the local governing body has, by resolution, determined such 29 area to be a deteriorated area or a deteriorating area or a combination 30 thereof and designated such area as appropriate for an urban renewal project. 31 (b) An urban renewal agency may itself prepare or cause to be prepared an 32 urban renewal plan, or any person or agency, public or private, may submit 33 such a plan to an urban renewal agency. Prior to its approval of an urban 34 renewal project, the local governing body shall submit such plan to the plan- 35 ning commission of the municipality, if any, for review and recommendations as 36 to its conformity with the general plan for the development of the municipal- 37 ity as a whole. The planning commission shall submit its written recommenda- 38 tions with respect to the proposed urban renewal plan to the local governing 39 body within thirty (30) days after receipt of the plan for review. Upon 40 receipt of the recommendations of the planning commission, or if no recommen- 41 dations are received within said thirty (30) days, then without such recommen- 42 dations, the local governing body may proceed with the hearing on the proposed 43 urban renewal project prescribed by subsection (c) hereof. 44 (c) The local governing body shall hold a public hearing on an urban 45 renewal project, after public notice thereof by publication inathe official 46 newspaperhaving a general circulation in the area of operationof the munici- 47 pality. The notice shall describe the time, date, place and purpose of the 48 hearing, shall generally identify the urban renewal area covered by the plan, 49 and shall outline the general scope of the urban renewal project under consid- 50 eration. 51 (d) Following such hearing, the local governing body may approve an urban 52 renewal project and the plan therefor if it finds that (1) a feasible method 53 exists for the location of families who will be displaced from the urban 59 1 renewal area in decent, safe and sanitary dwelling accommodations within their 2 means and without undue hardship to such families; (2) the urban renewal plan 3 conforms to the general plan of the municipality as a whole; (3) the urban 4 renewal plan gives due consideration to the provision of adequate park and 5 recreational areas and facilities that may be desirable for neighborhood 6 improvement, with special consideration for the health, safety and welfare of 7 children residing in the general vicinity of the site covered by the plan; and 8 (4) the urban renewal plan will afford maximum opportunity, consistent with 9 the sound needs of the municipality as a whole, for the rehabilitation or 10 redevelopment of the urban renewal area by private enterprise: Provided, that 11 if the urban renewal area consists of an area of open land to be acquired by 12 the urban renewal agency, such area shall not be so acquired unless (1) if it 13 is to be developed for residential uses, the local governing body shall deter- 14 mine that a shortage of housing of sound standards and design which is decent, 15 safe and sanitary exists in the municipality; that the need for housing accom- 16 modations has been or will be increased as a result of the clearance of slums 17 in other areas; that the conditions of blight in the area and the shortage of 18 decent, safe and sanitary housing cause or contribute to an increase in and 19 spread of disease and crime and constitute a menace to the public health, 20 safety, morals, or welfare; and that the acquisition of the area for residen- 21 tial uses is an integral part of and essential to the program of the munici- 22 pality, or (2) if it is to be developed for nonresidential uses, the local 23 governing body shall determine that such nonresidential uses are necessary and 24 appropriate to facilitate the proper growth and development of the community 25 in accordance with sound planning standards and local community objectives, 26 which acquisition may require the exercise of governmental action, as provided 27 in thisactchapter, because of defective or unusual conditions of title, 28 diversity of ownership, tax delinquency, improper subdivisions, outmoded 29 street patterns, deterioration of site, economic disuse, unsuitable topography 30 or faulty lot layouts, the need for the correlation of the area with other 31 areas of a municipality by streets and modern traffic requirements, or any 32 combination of such factors or other conditions which retard development of 33 the area. 34 (e) An urban renewal plan may be modified at any time: Provided that if 35 modified after the lease or sale by the urban renewal agency of real property 36 in the urban renewal project area, such modification may be conditioned upon 37 such approval of the owner, lessee or successor in interest as the urban 38 renewal agency may deem advisable and in any event shall be subject to such 39 rights at law or in equity as a lessee or purchaser, or his successor or suc- 40 cessors in interest, may be entitled to assert. 41 (f) Upon the approval by the local governing body of an urban renewal 42 plan or of any modification thereof, such plan or modification shall be deemed 43 to be in full force and effect for the respective urban renewal area, and the 44 urban renewal agency may then cause such plan or modification to be carried 45 out in accordance with its terms. 46 (g) Notwithstanding any other provisions of thisactchapter, where the 47 local governing body certifies that an area is in need of redevelopment or 48 rehabilitation as a result of a flood, fire, hurricane, earthquake, storm, or 49 other catastrophe respecting which the governor of the state has certified the 50 need for disaster assistance under Public Law 875, Eighty-first Congress, or 51 other federal law, the local governing body may approve an urban renewal plan 52 and an urban renewal project with respect to such area without regard to the 53 provisions of subsection (d) of this section and the provisions of this sec- 54 tion requiring a general plan for the municipality and a public hearing on the 55 urban renewal project. 60 1 SECTION 67. That Section 50-2011, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 50-2011. DISPOSAL OF PROPERTY IN URBAN RENEWAL AREA. (a) An urban renewal 4 agency may sell, lease, or otherwise transfer real property or any interest 5 therein acquired by it for an urban renewal project, and may enter into con- 6 tracts with respect thereto, in an urban renewal area for residential, recre- 7 ational, commercial, industrial, educational or other uses or for public use, 8 or may retain such property or interest for public use, in accordance with the 9 urban renewal plan, subject to such covenants, conditions and restrictions, 10 including covenants running with the land, as it may deem to be necessary or 11 desirable to assist in preventing the development or spread of future slums or 12 blighted areas or to otherwise carry out the purposes of thisactchapter: 13 Provided, that such sale, lease, other transfer, or retention, and any agree- 14 ment relating thereto, may be made only after the approval of the urban 15 renewal plan by the local governing body. The purchasers or lessees and their 16 successors and assigns shall be obligated to devote such real property only to 17 the uses specified in the urban renewal plan, and may be obligated to comply 18 with such other requirements as the urban renewal agency may determine to be 19 in the public interest, including the obligation to begin within a reasonable 20 time any improvements on such real property required by the urban renewal 21 plan. Such real property or interest shall be sold, leased, otherwise trans- 22 ferred, or retained at not less than its fair value for uses in accordance 23 with the urban renewal plan except property disposed of by it to the community 24 or any other public body which property must be disposed of pursuant to the 25 provisions of subsection (f) of section 50-2015, Idaho Code, even though such 26 fair value may be less than the cost of acquiring and preparing the property 27 for redevelopment. In determining the fair value of real property for uses in 28 accordance with the urban renewal plan, an urban renewal agency shall take 29 into account and give consideration to the uses provided in such plan; the 30 restrictions upon, and the covenants, conditions and obligations assumed by 31 the purchaser or lessee or by the urban renewal agency retaining the property; 32 and the objectives of such plan for the prevention of the recurrence of slum 33 or blighted areas. The urban renewal agency in any instrument of conveyance to 34 a private purchaser or lessee may provide that such purchaser or lessee shall 35 be without power to sell, lease or otherwise transfer the real property with- 36 out the prior written consent of the urban renewal agency until he has com- 37 pleted the construction of any or all improvements which he has obligated him- 38 self to construct thereon. Real property acquired by an urban renewal agency 39 which, in accordance with the provisions of the urban renewal plan, is to be 40 transferred, shall be transferred as rapidly as feasible in the public inter- 41 est consistent with the carrying out of the provisions of the urban renewal 42 plan. Any contract for such transfer and the urban renewal plan (or such part 43 or parts of such contract or plan as the urban renewal agency may determine) 44 may be recorded in the land records of the county in such manner as to afford 45 actual or constructive notice thereof. 46 (b) An urban renewal agency may dispose of real property in an urban 47 renewal area to private persons only under such reasonable competitive bidding 48 procedures as it shall prescribe or as hereinafter provided in this subsec- 49 tion. An urban renewal agency may, by public notice by publication inathe 50 official newspaperhaving a general circulation in the community (of the 51 agency thirty (30) days prior to the execution of any contract to sell, lease 52 or otherwise transfer real property and prior to the delivery of any instru- 53 ment of conveyance with respect thereto under the provisions of this section), 54 invite proposals from and make available all pertinent information to private 61 1 redevelopers or any persons interested in undertaking to redevelop or rehabil- 2 itate an urban renewal area, or any part thereof. Such notice shall identify 3 the area, or portion thereof, and shall state that proposals shall be made by 4 those interested within thirty (30) days after the date of publication of said 5 notice, and that such further information as is available may be obtained at 6 such office as shall be designated in said notice. The urban renewal agency 7 shall consider all such redevelopment of rehabilitation proposals and the 8 financial and legal ability of the persons making such proposals to carry them 9 out, and may negotiate with any persons for proposals for the purchase, lease 10 or other transfer of any real property acquired by the agency in the urban 11 renewal area. The urban renewal agency may accept such proposal as it deems to 12 be in the public interest and in furtherance of the purposes of thisactchap- 13 ter. The agency may execute such contract in accordance with the provisions of 14 subsection (a) of this section and deliver deeds, leases and other instruments 15 and take all steps necessary to effectuate such contract. 16 (c) An urban renewal agency may temporarily operate and maintain real 17 property acquired by it in an urban renewal area for or in connection with an 18 urban renewal project pending the disposition of the property as authorized in 19 thisactchapter, without regard to the provisions of subsection (a)aboveof 20 this section, for such uses and purposes as may be deemed desirable even 21 though not in conformity with the urban renewal plan. 22 (d) Any real property acquired pursuant to section 50-2007(d) may be dis- 23 posed of without regard to other provisions of this section if the local gov- 24 erning body has consented to the disposal. 25 (e) Notwithstanding any other provisions of thisactchapter, and not- 26 withstanding subsection (b) of this section, land in an urban renewal project 27 area designated under the urban renewal plan for industrial or commercial uses 28 may be disposed of to any public body or nonprofit corporation for subsequent 29 disposition as promptly as practicable by the public body or corporation for 30 redevelopment in accordance with the urban renewal plan, and only the pur- 31 chaser from or lessee of the public body or corporation, and their assignees, 32 shall be required to assume the obligation of beginning the building of 33 improvements within a reasonable time. Any disposition of land to a nonprofit 34 corporation under this subsection shall be made at its fair value for uses in 35 accordance with the urban renewal plan. Any disposition of land to a public 36 body under this subsection shall be made pursuant to the provisions of subsec- 37 tion (f) of section 50-2015, Idaho Code. 38 (f) Property previously acquired or acquired by an agency for rehabilita- 39 tion and resale shall be offered for disposition within three (3) years after 40 completion of rehabilitation, or an annual report shall be published by the 41 agency inathe official newspaper ofgeneral circulation published inthe 42communityagency listing any rehabilitated property held by the agency in 43 excess of such three (3) year period, stating the reasons such property 44 remains unsold and indicating plans for its disposition. 45 SECTION 68. That Section 50-2012, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 50-2012. ISSUANCE OF BONDS. (a) An urban renewal agency shall have power 48 to issue bonds from time to time in its discretion to finance the undertaking 49 of any urban renewal project under thisactchapter, including, without limit- 50 ing the generality thereof, the payment of principal and interest upon any 51 advances for surveys and plans or preliminary loans, and shall also have power 52 to issue refunding bonds for the payment or retirement of such bonds previ- 53 ously issued by it. Such bonds shall be made payable, as to both principal and 62 1 interest, solely from the income, proceeds, revenues, and funds of the urban 2 renewal agency derived from or held in connection with its undertaking and 3 carrying out of urban renewal projects under thisactchapter: Provided, how- 4 ever, that payment of such bonds, both as to principal and interest, may be 5 further secured by a pledge of any loan, grant or contribution from the fed- 6 eral government or other source, in aid of any urban renewal projects under 7 thisactchapter, and by a mortgage of any such urban renewal projects, or any 8 part thereof, title to which is in the urban renewal agency. 9 (b) Bonds issued under this section shall not constitute an indebtedness 10 within the meaning of any constitutional or statutory debt limitation or 11 restriction, and shall not be subject to the provisions of any other law or 12 charter relating to the authorization, issuance or sale of bonds. Bonds and 13 other obligations of an urban renewal agency (and such bonds and obligations 14 shall so state on their face) shall not be a debt of the municipality, the 15 state or any political subdivision thereof, and neither the municipality, the 16 state nor any political subdivision thereof shall be liable thereon, nor in 17 any event shall such bonds or obligations be payable out of any funds other 18 than those of said urban renewal agency. Bonds issued under the provisions of 19 thisactchapter are declared to be issued for an essential public and govern- 20 mental purpose and, together with interest thereon and income therefrom, shall 21 be exempted from all taxes. 22 (c) Bonds issued under this section shall be authorized by resolution or 23 ordinance of the urban renewal agency and may be issued in one (1) or more 24 series and shall bear such date or dates, be payable upon demand or mature at 25 such time, or times, bear interest at a rate or rates, be in such denomination 26 or denominations, be in such form either with or without coupon or registered, 27 carry such conversion or registration privileges, have such rank or priority, 28 be executed in such manner, be payable in such medium of payment, at such 29 place or places, and be subject to such terms of repayment, at such place or 30 places, and be subject to such terms of redemption (with or without premium), 31 be secured in such manner, and have such other characteristics, as may be pro- 32 vided by such resolution or ordinance, or trust indenture or mortgage issued 33 pursuant thereto. 34 (d) Such bonds may be sold at not less than par at public or private 35 sales held after notice published prior to such sale inathe official news- 36 paperhaving a general circulation in the area of operationof the agency and 37 in such other medium of publication as the agency may determine or may be 38 exchanged for other bonds on the basis of par: Provided, that such bonds may 39 be sold to the federal government at private sale at not less than par, and, 40 in the event less than all of the authorized principal amount on such bonds is 41 sold to the federal government, the balance may be sold at private sale at not 42 less than par at an interest cost to the agency of not to exceed the interest 43 cost to the agency of the portion of the bonds sold to the federal government. 44 (e) In case any of the officials of the urban renewal agency whose signa- 45 tures appear on any bonds or coupons issued under thisactchapter shall cease 46 to be such officials before the delivery of such bonds, such signatures shall, 47 nevertheless, be valid and sufficient for all purposes, the same as if such 48 officials had remained in office until such delivery. Any provision of any law 49 to the contrary notwithstanding, any bonds issued pursuant to thisactchapter 50 shall be fully negotiable. 51 (f) In any suit, action or proceeding involving the validity or enforce- 52 ability of any bond issued under thisactchapter or the security therefor, 53 any such bond reciting in substance that it has been issued by the agency in 54 connection with an urban renewal project, as herein defined, shall be conclu- 55 sively deemed to have been issued for such purpose and such project shall be 63 1 conclusively deemed to have been planned, located and carried out in accor- 2 dance with the provisions of thisactchapter. 3 SECTION 69. That Section 50-2202, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 50-2202. ELECTION TO DETERMINE QUESTION. Such question shall be submitted 6 at a special election to be held for that purpose, and the governing body of 7 the city or county, as the case may be, shall give notice thereof by publica- 8 tion inathe official newspaper ofgeneral circulationthe city or county 9 once each week for a period of four (4) weeks prior to such election. Such 10 notice shall state that the question of disincorporating the said city shall 11 be submitted to the qualified electors of the same at the time appointed for 12 such election, and the electors shall be invited to vote upon such proposition 13 by placing upon their ballots the cross as provided by law, after the words, 14 "For disincorporation" or "Against disincorporation." Such governing body of 15 the city or county, as the case may be, shall also designate in such notice, 16 the date of the election, the purpose of the election, the place or places at 17 which the polls will be open in said city andshall also appoint and designate18in such notice the names of the officers of electionthe hours the polls shall 19 be open for the purpose of voting. 20 SECTION 70. That Section 50-2605, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 50-2605. NOTICE OF HEARING. Notice of a hearing held under the provisions 23 of this chapter shall be given by: 24 (1) One (1) publication of the resolution of intention inathe official 25 newspaper ofgeneral circulation inthe city; and 26 (2) Mailing a complete copy of the resolution of intention to each busi- 27 ness in the proposed, or established district. Publication and mailing shall 28 be completed at least ten (10) days prior to the time of the hearing. 29 SECTION 71. That Section 50-2718, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 50-2718. PUBLICATION OF PROCEEDINGS -- CONTEST PERIOD. The resolution 32 authorizing the issuance of any revenue bonds hereunder and the execution of 33 an indenture as security therefor shall be published one (1) time inathe 34 official newspaper ofgeneral circulation inthe municipality. Any such inden- 35 ture, or other instrument authorized in such resolution to be executed, may be 36 incorporated as an exhibit to such resolution but need not be published as 37 part of the resolution. For a period of thirty (30) days from the date of such 38 publication any person in interest may file suit in any court of competent 39 jurisdiction to contest the regularity, formality or legality of the proceed- 40 ings authorizing the revenue bonds, or the legality of such resolution and its 41 provisions or of the revenue bonds to be issued pursuant thereto and the pro- 42 visions securing the revenue bonds. After the expiration of such thirty (30) 43 day period no one shall have any right of action to contest the validity of 44 the revenue bonds or of such proceedings or of such resolution or the validity 45 of the pledges and covenants made in such proceedings and resolution and the 46 revenue bonds and the provisions for their payment shall be conclusively pre- 47 sumed to be legal and no court shall thereafter have authority to inquire into 48 such matters. 64 1 SECTION 72. That Section 50-2906, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 50-2906. PUBLIC HEARING AND ORDINANCE REQUIRED. (1) To adopt a new urban 4 renewal plan or create a competitively disadvantaged border community area 5 containing a revenue allocation financing provision, the local governing body 6 of an authorized municipality must enact an ordinance in accordance with chap- 7 ter 9, title 50, Idaho Code, and section 50-2008, Idaho Code. To modify an 8 existing urban renewal plan, to add or change a revenue allocation, an autho- 9 rized municipality must enact an ordinance in accordance with chapter 9, title 10 50, Idaho Code, and conduct a public hearing as provided in section 11 50-2008(c), Idaho Code. No urban renewal project, plan, competitively disad- 12 vantaged border community area or modification thereto, or revenue allocation 13 financial provision shall be held ineffective for failure to comply with the 14 requirements of this section if compliance with the section is substantial and 15 in good faith and administrative authority of both the local governing body 16 and urban renewal agency does not extend beyond the municipal boundary of the 17 authorized municipality. Urban renewal plans and revenue allocation financing 18 provisions may be held ineffective if an urban renewal area or revenue alloca- 19 tion area extends outside the municipal boundary of an authorized municipality 20 and a transfer of powers ordinance has not been adopted by the cooperating 21 county. 22 (2) A revenue allocation financing provision adopted in accordance with 23 this chapter shall be effective retroactively to January 1 of the year in 24 which the local governing body of the authorized municipality enacts such 25 ordinance. 26 (3) The local governing body of an authorized municipality shall prepare 27 a notice stating: (a) that an urban renewal plan or modification thereto or a 28 competitively disadvantaged border community area has been proposed and is 29 being considered for adoption, and that such plan or modification thereto or 30 proposal to create a competitively disadvantaged border community area con- 31 tains a revenue allocation financing provision that will cause property taxes 32 resulting from any increases in equalized assessed valuation in excess of the 33 equalized assessed valuation as shown on the base assessment roll to be allo- 34 cated to the agency for urban renewal and competitively disadvantaged border 35 community area purposes; and (b) that an agreement on administration of a rev- 36 enue allocation financing provision extending beyond the municipal boundary of 37 the authorized municipality has been negotiated with the cooperating county 38 having extraterritorial power and that the agreement has been formalized by a 39 transfer of power ordinance adopted by that county; and (c) that a public 40 hearing on such plan or modification will be held by the local governing body 41 pursuant to section 50-2008(c), Idaho Code. The notice shall also state the 42 time, date, and place of the hearing. At least thirty (30) days but not more 43 than sixty (60) days prior to the date set for final reading of the ordinance, 44 the local governing body shall publish the notice inathe official newspaper 45 ofgeneral circulationthe municipality and transmit the notice, together with 46 a copy of the plan and recommendation of the urban renewal agency or the 47 municipality which by ordinance created the competitively disadvantaged border 48 community area, to the governing body of each taxing district which levies 49 taxes upon any taxable property in the revenue allocation area and which would 50 be affected by the revenue allocation financing provision of the urban renewal 51 plan proposed to be approved by the local governing body. 52 SECTION 73. That Section 60-105, Idaho Code, be, and the same is hereby 53 amended to read as follows: 65 1 60-105. RATES FOR OFFICIAL NOTICES. (1) Effective on and after October 2 1, 2006, 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 suchonehalfone-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, thetype used shall not be smaller than 7 point nor greater14thanpublished 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, 2007, 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 74. That Section 60-106, Idaho Code, be, and the same is hereby 38 repealed. 39 SECTION 75. 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 66 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- 67 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 periodical class mailing permit from the United States post 33 office. Any violations of the previous requirements of this section concerning 34 printing of newspapers other than in the political subdivision in which a 35 notice or advertisement is required to be printed are hereby excused and any 36 advertisement published in any such newspapers is hereby validated. 37 SECTION 76. 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- 68 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 inathe official newspaperpublished inof the 15 county, or if there is none, then in a newspaper of general circulation in16the 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 77. 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 inathe official newspaperhaving general circulation in69 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. 70 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 78. 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 inathe official newspaper of 16general circulation inthe 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 79. 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 80. 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 newspaperor paper of40general circulation withinof 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 71 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 81. 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 inathe official newspaperprinted or of general circu-25lation inof 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 82. 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 newspaperor paper of general circulation within39 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 72 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 83. 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 inathe official newspaper ofgeneral circulation inthe 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 73 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 15908
In 2004, a group including representatives from the Idaho
Association of Counties, Association of Idaho Cities, Secretary
of State's office, the Idaho Newspaper Association and the Idaho
Allied Dailies conducted an in-depth review of public notice
statutes. In basic terms, these groups attempted to update
Idaho's public notice statutes to remove obsolete provisions,
clarify intent and provide consistency.
The group also examined rates for legal notices and recommended a
one cent rate increase, phased in at a half cent over two fiscal
years. This 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.
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
increase for FY 2006-07 is divided among government entities as
follows:
FY2004 Increase FY2006-07
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
Contact
Name: Jeremy Pisca, Idaho Allied Dailies
Phone: (208) 384-1800
Name: Bob Hall, Idaho Newspaper Association
Phone: (208) 375-0733
Name: Kelci Karl, Idaho Association of Counties
(208) 345-9126
Name: Justin Ruen, Association of Idaho Cities
Phone: (208) 344-8594
STATEMENT OF PURPOSE/FISCAL NOTE H 622