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S1383......................................by LOCAL GOVERNMENT AND TAXATION
WATER AND SEWER DISTRICTS - Amends existing law to delete certain
provisions requiring filings with the district court by water and sewer
districts.
02/10 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Loc Gov
02/17 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Pearce
Floor Sponsor - McKenzie
Title apvd - to House
02/24 House intro - 1st rdg - to Loc Gov
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 61-0-9
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Collins, Deal, Denney, Edmunson, Eskridge,
Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet,
Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
Pence, Raybould, Ringo, Roberts, Rusche, Sali, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Trail, Wood
NAYS -- None
Absent and excused -- Clark, Crow, Ellsworth, Harwood, Ring, Rydalch,
Sayler, Wills, Mr. Speaker
Floor Sponsor - Bradford
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed - Sp signed
03/20 To Governor
03/22 Governor signed
Session Law Chapter 167
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1383
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO WATER AND SEWER DISTRICTS; AMENDING SECTION 42-3218, IDAHO CODE,
3 TO DELETE CERTAIN PROVISIONS REQUIRING FILINGS WITH THE DISTRICT COURT
4 REGARDING INCLUSIONS OF LAND WITHIN A DISTRICT AND TO MAKE TECHNICAL COR-
5 RECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 42-3218, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 42-3218. INCLUSION OF PROPERTY PETITIONED -- HEARING -- ORDER -- ANNEX-
10 ATION OF PROPERTY PETITIONED -- HEARING -- ORDER -- ANNEXATION OF PROPERTY BY
11 ELECTION -- ELECTION PROCEDURE. The boundaries of any district organized under
12 the provisions of this chapter may be changed in the manner herein prescribed,
13 but the change of boundaries of the district shall not impair or affect its
14 organization or its rights in or to property, or any of its rights or privi-
15 leges whatsoever; nor shall it affect or impair or discharge any contract,
16 obligation, lien or charge for or upon which it might be liable or chargeable
17 had any such change of boundaries not been made.
18 (a) The owners of real property may file with the board a petition, in
19 writing, praying that such real property be included in the district. The
20 petition shall describe the property owned by the petitioners, and such peti-
21 tion shall be deemed to give assent of the petitioners to the inclusion in
22 said district of the property described in the petition, and shall be accompa-
23 nied by a reasonable filing fee in an amount to be determined by the board.
24 Such petition must be acknowledged in the same manner that conveyances of land
25 are required to be acknowledged. The secretary of the board shall cause notice
26 of filing of such petition to be given and published in the county in which
27 the property is situated, which notice shall state the filing of such peti-
28 tion, names of petitioners, descriptions of lands mentioned and the prayer of
29 such petitioners; giving notice to all persons interested to appear at the
30 office of the board at the time named in said notice and show cause in writ-
31 ing, if any they have, why the petition should not be granted. The board shall
32 at the time and place mentioned or at such time or times to which the hearing
33 may be adjourned, proceed to hear the petition and all objections thereto,
34 presented, in writing, by any person showing cause why said petition should
35 not be granted. The failure of any person to show cause in writing shall be
36 deemed as an assent on his part to the inclusion of such lands in the district
37 as prayed in the petition. If the petition is granted, the board shall make an
38 order to that effect and, file the same with the clerk of the district court
39 together with a copy of the petition and proof of publication certified by the
40 secretary of the board. The clerk of the district court shall present the same
41 to the court and upon order of the court upon approval of said order, the
42 property shall be included in the district.
43 (b) The territory adjoining or in close proximity to and in the same
2
1 county with any district created under the provisions of this chapter may be
2 annexed to the district by either of the following procedures: (1) A petition
3 for annexation of real property described in such petition, which has been
4 signed by the owners of not less than sixty per cent percent (60%) of the area
5 in land within the territory to be annexed, and which contains the separate
6 property descriptions of such petitioners, and which is acknowledged in the
7 same manner that conveyances of land are required to be acknowledged, accompa-
8 nied by a reasonable filing fee in an amount to be determined by the board,
9 may be filed with the board. Upon filing with the board of such a petition,
10 the secretary of the board shall cause notice of filing of such petition to be
11 given and published in the county in which the property is situated, which
12 notice shall state the filing of such petition, names of petitioners, descrip-
13 tions of lands mentioned and the prayer of such petitioners; giving notice to
14 all persons interested, including the staff and employees of said district and
15 anyone designated by said district, to appear at the office of the board at
16 the time named in said notice and show cause in writing, if any they have, why
17 the petition should not be granted. The board shall at the time and place men-
18 tioned or at such time or times to which the hearing may be adjourned, proceed
19 to hear the petition and all objections thereto, presented, in writing, by any
20 person showing cause why said petition shall not be granted. The failure of
21 any person to show cause in writing shall be deemed as an assent to the annex-
22 ation of such lands into the district as prayed in the petition. The board
23 shall have full discretion to determine if the petition shall be granted. If
24 the petition is granted, the board shall make an order to that effect. and
25 file the same with the clerk of the district court together with a copy of the
26 petition and proof of publication certified by the secretary of the board. The
27 clerk of the district court shall present the same to the court and upon order
28 of the court the property shall be included in the district. (2) Upon filing
29 with the board of a petition signed by registered voters owning real property
30 residing in the territory to be annexed, who constitute at least twenty per
31 cent percent (20%) of the taxpayers in such territory, praying for an election
32 to determine if annexation shall be made of property designated in such peti-
33 tion, together with payment of a reasonable filing fee in an amount to be
34 determined by the board, the board shall cause notice of filing of such peti-
35 tion to be given and published in the county in which the property is situ-
36 ated, which notice shall state the filing of such petition, names of petition-
37 ers, descriptions of lands to be annexed and the prayer of such petition; giv-
38 ing notice to all persons interested, including the staff and employees of
39 said district and anyone designated by said district to appear at the office
40 of the board at the time named in said notice and show cause in writing, if
41 any they have, why the petition shall not be granted. The board shall at the
42 time and place mentioned or at such time or times to which the hearing may be
43 adjourned, proceed to hear the petition and all objections thereto, presented,
44 in writing, by any person showing cause why said petition shall not be
45 granted. The board shall have full discretion to determine if the petition
46 shall be granted, and if such petition is granted, the board shall direct that
47 an election be held, subject to the provisions of section 34-106, Idaho Code.
48 The election shall be conducted in the same manner as general elections in
49 this state, except that the board shall establish as many voting places within
50 such territory proposed to be annexed as are by the board deemed necessary and
51 shall define the boundaries of such voting places. The board shall appoint
52 three (3) judges of election for each voting place, one (1) of whom shall be
53 designated by the board to be the clerk of such election precinct. Each elec-
54 tor shall be registered as required by the general election laws and shall
55 have resided within the area to be annexed for thirty (30) days.
3
1 The secretary of the board of directors shall publish notice of the time
2 and place of such election, in accordance with the provisions of section
3 34-1406, Idaho Code. The notice shall particularly describe the property to be
4 annexed, the name of the district to which the territory is proposed to be
5 annexed, and the terms and conditions prescribed by the board under which the
6 property may be annexed. The notice shall designate the places in the terri-
7 tory where the election will be held, and shall require the voters to cast
8 ballots which shall contain the words:
9 For annexation to .... District.
10 Against annexation to .... District.
11 The judges of the election shall make their return thereof to the board of
12 directors of the district, which shall canvass the returns and render a state-
13 ment of the results of the election on the records of the board. If the major-
14 ity of the votes cast favor annexation, the board shall enter an order annex-
15 ing the property described in the notice of election and upon the filing of a
16 copy thereof with the clerk of the district court, and upon order of the
17 court, the territory shall thereupon become annexed to the district and shall
18 thenceforth be a part of the district.
19 (c) In all proceedings for inclusion or annexation hereunder, the board
20 shall have the power to prescribe terms and conditions under which said prop-
21 erty may be included in the district, including the condition that such prop-
22 erty may only be annexed or included within the district if the property is
23 also established as a water or sewer subdistrict of the district, pursuant to
24 sections 42-3218A through 42-3218D, Idaho Code, and may be required to pay the
25 district its pro rata share of construction costs theretofore incurred by the
26 district pursuant to any bond issue theretofore made or otherwise; provided,
27 however, that such terms and conditions shall be announced by the board at or
28 before the hearing to be held pursuant to subparagraphs (a) and (b) above.
29 Within ten (10) days of the announcement of the terms and conditions under
30 which the property may be included the majority of the petitioners filing
31 petitions under the provisions of subparagraphs (a) or (b) may withdraw their
32 petitions, and no further proceedings shall thereafter be had by the board
33 upon such petitions.
34 (d) All public streets, roads, highways or alleys upon or within which is
35 situated any part of the operative system or equipment of the district and all
36 public streets, roads, highways and alleys which abut against or touch prop-
37 erty annexed or to be annexed to the district, to the extent they abut against
38 or touch such property and are not included in a different district, shall be
39 deemed to be included in the district as a part of the annexation and shall be
40 included in the legal description and map which the district must file in the
41 offices of the county assessor, county recorder and the state tax commission
42 as required by section 63-215, Idaho Code; provided, however, that upon appli-
43 cation by the district to the state tax commission, if the commission finds
44 after consultation with the county assessor and the county recorder that
45 exemption from the requirements of this subparagraph (d) will not unduly bur-
46 den state and local tax administration, the commission by order may exempt the
47 district from the requirements of this subparagraph (d), but the district
48 shall be required to comply with section 63-215, Idaho Code.
STATEMENT OF PURPOSE
RS 15688
This legislation eliminates the requirement that water and sewer
districts must file with the district court documents of petition
and publication of notices of board determination to include land
within the district as provided in 42-3218.
FISCAL NOTE
There will be no impact on the state's general fund. There may be
time and economic savings to the water and sewer districts and
the courts.
Contact
Name: Senator Curt McKenzie
Phone: (208) 332-1354
Name: Representative Larry Bradford
Phone: (208) 332-1268
STATEMENT OF PURPOSE/FISCAL NOTE S 1383