2006 Legislation
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HOUSE BILL NO. 436 – Cemetery dist, treasurers

HOUSE BILL NO. 436

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Bill Status



H0436......................................................by STATE AFFAIRS
CEMETERY DISTRICTS - Amends existing law relating to cemetery maintenance
districts to revise bond provisions applicable to treasurers.
                                                                        
01/23    House intro - 1st rdg - to printing
01/24    Rpt prt - to St Aff
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bradford, Garrett
    Floor Sponsor - Stevenson
    Title apvd - to Senate
02/09    Senate intro - 1st rdg - to Loc Gov
02/16    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
03/02    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, 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, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Sweet
    Title apvd - to House
03/03    To enrol
03/06    Rpt enrol - Sp signed
03/07    Pres signed
03/08    To Governor
03/11    Governor signed
         Session Law Chapter 24
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 436
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CEMETERY MAINTENANCE DISTRICTS;  AMENDING  SECTION  27-114,  IDAHO
  3        CODE,  TO  REVISE  BOND  PROVISIONS APPLICABLE TO TREASURERS AND TO MAKE A
  4        TECHNICAL CORRECTION.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 27-114, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        27-114.  ORGANIZATION  OF BOARD -- MEETINGS -- OFFICERS -- OFFICIAL BONDS.
  9    Immediately after qualifying, the board of cemetery maintenance  commissioners
 10    shall  meet and organize as a board, and at that time, and whenever thereafter
 11    vacancies in the respective offices may occur, they shall  elect  a  president
 12    from their number, and shall appoint a secretary and treasurer who may also be
 13    from  their  number,  all of whom shall hold office during the pleasure of the
 14    board, or for terms fixed by the board. The offices of secretary and treasurer
 15    may be filled by the same person. Certified copies of all  such  appointments,
 16    under the hand of each of the commissioners, shall be forthwith filed with the
 17    clerk  of  the board of county commissioners and with the tax collector of the
 18    county.
 19        As soon as practicable after the organization of the first board of  ceme-
 20    tery maintenance commissioners, and thereafter when deemed expedient or neces-
 21    sary,  such  board  shall  designate  a day and hour on which regular meetings
 22    shall be held and a place for the holding thereof, which shall be  within  the
 23    district.  Regular  meetings  shall be held at least quarterly. The minutes of
 24    all meetings must show  what  bills  are  submitted,  considered,  allowed  or
 25    rejected.  The  secretary shall make a list of all bills presented, showing to
 26    whom payable, for what service  or  material,  when  and  where  used,  amount
 27    claimed,  allowed or disallowed. Such list shall be signed by the chairman and
 28    attested by the secretary: provided, that all special meetings must be ordered
 29    by the president or a majority of the board, the  order  must  be  entered  of
 30    record, and the secretary must give each member not joining in the order, five
 31    (5)  days'  notice  of  special meetings: provided, further, that whenever all
 32    members of the board are present, however called, the same shall be  deemed  a
 33    legal  meeting  and any lawful business may be transacted. All meetings of the
 34    board must be public, and a majority shall constitute a quorum for the  trans-
 35    action of business. All records shall be open to the inspection of any elector
 36    during business hours.
 37        The  officers  of  the district shall take and file with the secretary, an
 38    oath for the faithful performance of the duties of the respective offices. The
 39    treasurer shall on his appointment execute and  file  with  the  secretary  an
 40    official  bond  in  such an amount as may be fixed by the cemetery maintenance
 41    board which amount shall be at least sufficient to cover the probable  amounts
 42    of  money coming into his hands and twenty-five percent (25%) thereof in addi-
 43    tion thereto but in no case less than ten thousand dollars ($10,000).

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15567

This legislation amends Idaho Code Section 27-114 relating to
cemetery maintenance districts to revise bond provisions
applicable to treasurers, and make a technical correction. The
change makes cemetery maintenance districts consistent with other
taxing districts.


                           FISCAL NOTE

There is no fiscal impact.






Contact
Name:     Representative Stevenson 
Phone:    (208) 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                         H 436