2007 Legislation
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HOUSE BILL NO. 86 – Irrigation dist, voter qualificatn


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Bill Status

H0086.........................................by RESOURCES AND CONSERVATION
IRRIGATION DISTRICTS - Amends existing law relating to irrigation districts
to revise procedures relating to the qualification of voters.
02/01    House intro - 1st rdg - to printing
02/02    Rpt prt - to Res/Con
02/08    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/12    3rd rdg - PASSED - 63-0-7
      AYES -- Anderson, Barrett, Bayer, Bedke, Bell, Black, Block, Bock,
      Boe, Bolz, Brackett, Chadderdon, Chavez, Chew, Clark, Collins, Crane,
      Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
      Shirley, Shively, Smith(30), Smith(24), Stevenson, Thayn, Vander
      Woude, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Andrus, Bilbao, Bradford, Mortimer, Snodgrass,
      Trail, Wills
    Floor Sponsor - Stevenson
    Title apvd - to Senate
02/13    Senate intro - 1st rdg - to Res/Env
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bilyeu, Broadsword, Burkett, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Bastian
    Floor Sponsor - Coiner
    Title apvd - to House
03/16    To enrol - Rpt enrol - Sp signed
03/19    Pres signed - To Governor
03/23    Governor signed
         Session Law Chapter 160
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 86
  1                                        AN ACT
  4    Be It Enacted by the Legislature of the State of Idaho:
  5        SECTION  1.  That  Section  43-111, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
  8    person shall be entitled to vote at any election held under the provisions  of
  9    this title for the purpose of electing directors, for the purpose of determin-
 10    ing  whether indebtedness shall be created or bonds issued by the district, or
 11    for any other purpose, unless he shall possess all the qualifications required
 12    of electors under the general laws of the state, and own land within the  dis-
 13    trict,  or the proposed district, and be a resident of the county in which the
 14    district, or a portion thereof, is located for a period of thirty (30) or more
 15    days next preceding the election; provided that, in districts of fifteen thou-
 16    sand (15,000) acres or less, the bylaws may, by resolution of two-thirds (2/3)
 17    of the board and adoption by two-thirds (2/3) of the electors voting in a dis-
 18    trict election conducted in accordance with the general election laws  of  the
 19    state  applicable  to  irrigation  districts, set forth a provision allowing a
 20    district landowner to vote, if the landowner possesses all the  qualifications
 21    required  of  electors  under  the  general  laws of the state and has resided
 22    within fifteen (15) miles of the district for a period of at least thirty (30)
 23    days prior to the election.
 24        (2)  After approval by a majority of the electors voting upon the issue in
 25    a district election conducted using the elector criteria of subsection (1)  of
 26    this section, in subsequent district elections, a person having the qualifica-
 27    tions described in subsection (1) of this section shall have the right to cast
 28    one  (1) vote for each acre of assessed land and a proportionate vote for each
 29    fraction of an acre of assessed land owned by him  within  the  district.  Co-
 30    owners or multiple owners of parcels of land shall cast no more than the total
 31    number of votes represented by the acres or fraction of acres of assessed land
 32    within the district.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 16801

As farming operations change, the pool of qualified voters who
live within the boundaries of an irrigation district and are
eligible to serve on the board of directors is shrinking. Under
Idaho Code 43-111, irrigation districts of fifteen thousand
(15,000) acres or less have an option to amend their bylaws to
allow electors who live within fifteen (15) miles of the district
to vote. The purpose of this legislation is to remove the acreage
limitation so that all irrigation districts have the option to
change their voter qualifications.

                           FISCAL NOTE

This legislation will have no fiscal impact on the state.

Name:  Rep. John A. Stevenson 
Phone: 332-1000
Lynn Tominaga 381-0294
Idaho Ground Water Appropriators

STATEMENT OF PURPOSE/FISCAL NOTE                          H 86