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H0474.........................................by RESOURCES AND CONSERVATION
IRRIGATION DISTRICTS - Amends existing law relating to irrigation districts
to revise provisions relating to board of director qualifications.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Res/Con
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Patrick, Pence, Raybould, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(24), Smith(30)(Stanek),
Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
Wood(27), Mr. Speaker
NAYS -- None
Absent and excused -- Bradford, Pasley-Stuart, Wood(35)
Floor Sponsor - Wood(27)
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Res/Env
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Broadsword, Burkett, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Bilyeu, Jorgenson
Floor Sponsor - Coiner
Title apvd - to House
03/17 To enrol - Rpt enrol - Sp signed
03/18 Pres signed - To Governor
03/19 Governor signed
Session Law Chapter 212
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 474 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO IRRIGATION DISTRICTS; AMENDING SECTION 43-201, IDAHO CODE, TO 3 REVISE PROVISIONS RELATING TO BOARD OF DIRECTOR QUALIFICATIONS. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 43-201, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 43-201. ELECTION, TERM OF OFFICE, NOMINATIONS AND QUALIFICATIONS. Follow- 8 ing the organization of any district, an election shall be held in accordance 9 with section 34-106, Idaho Code, at which shall be elected one (1) director 10 for each division of said district by the electors of the district at large. 11 The term of office of the directors shall, immediately after the first elec- 12 tion following such organization, be selected by lot so that as nearly as may 13 be, one-third (1/3) of the number shall hold office for the term of one (1) 14 year; one-third (1/3) for the term of two (2) years, and the balance for the 15 term of three (3) years. And an election shall be held in the district in 16 accordance with section 34-106, Idaho Code, for each year thereafter, at which 17 directors shall be elected to succeed those whose terms expire, to hold office 18 for a term of three (3) years, or until their successors are elected and qual- 19 ified. Every director must be a qualified elector and a resident of the divi- 20 sion of the director whom he is to succeed in office; provided that, in dis-21tricts of fifteen thousand (15,000) acres or less,the bylaws may, by resolu- 22 tion of two-thirds (2/3) of the board and adoption by two-thirds (2/3) of the 23 electors voting in a district election conducted in accordance with the gen- 24 eral election laws of the state applicable to irrigation districts, set forth 25 a provision allowing a district landowner to serve as the director from the 26 division in which the landowner owns land, if the landowner possesses all the 27 qualifications required of electors under the general laws of the state and 28 has resided within fifteen (15) miles of the district for a period of at least 29 thirty (30) days prior to the election; provided further that any landowner 30 who owns land in more than one (1) division may serve as the director only 31 from the division nearest which he resides. Written nominations for the office 32 of director if any are made, must be signed by at least six (6) electors in 33 districts having less than one hundred (100) resident electors and by at least 34 twelve (12) electors in districts having more than one hundred (100) resident 35 electors, and filed with the secretary of the district not less than forty 36 (40) days nor more than sixty (60) days before the date of election; and the 37 names of the persons so nominated shall be placed upon official ballot to be 38 furnished by the district.
STATEMENT OF PURPOSE
RS 17732
The purpose of this legislation is to match similar
legislation passed in 2007 (Idaho Code 42-111) which allowed
Irrigation Districts to remove the fifteen thousand (15,000)
acre limit.
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 43-201, Irrigation Districts
of fifteen thousand (15,000) acres or less have an option to
amend their by-laws to allow electors who live within fifteen
(15) miles of the District to vote and serve on the Board.
FISCAL NOTE
There will be no fiscal impact to the State.
Contact:
Rep. John A. "Bert" Stevenson
(208) 332-1000
Lynn Tominaga
Idaho Ground Water Appropriators
381-0294
STATEMENT OF PURPOSE/FISCAL NOTE H 474