2008 Legislation
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HOUSE BILL NO. 474<br /> – Irrigatn dist, bd of directors


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Bill Status

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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008


                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 474


  1                                        AN ACT

  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:

  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-
 21    tricts 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 / Fiscal Impact

                 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.

Rep. John A. "Bert" Stevenson
(208) 332-1000

Lynn Tominaga
Idaho Ground Water Appropriators

STATEMENT OF PURPOSE/FISCAL NOTE                      H 474