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H0514aaS......................................by RESOURCES AND CONSERVATION
SOIL CONSERVATION DISTRICTS - Amends existing law to revise audit
requirements for soil conservation districts.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Res/Con
02/22 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
Ringo, Roberts, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30)(Stanek), Snodgrass, Stevenson, Thayn,
Thomas, Trail, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Patrick, Ruchti, Smith(24), Vander Woude
Floor Sponsor - Wood(35)
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Agric Aff
03/12 Rpt out - to 14th Ord
03/17 Rpt out amen - to 1st rdg as amen
03/18 1st rdg - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsors - Hill & Gannon
Title apvd - to House
03/21 House Held at Desk
03/25 House concurred in Senate amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/26 2nd rdg - to 3rd rdg as amen
03/27 3rd rdg as amen - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, Mortimer, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Labrador, McGeachin, Moyle
Floor Sponsor - Wood(35)
Title apvd - to enrol
03/28 Rpt enrol - Sp signed
03/31 Pres signed
04/01 To Governor
04/09 Governor signed
Session Law Chapter 383
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 514 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO SOIL CONSERVATION DISTRICTS; AMENDING SECTION 22-2721, IDAHO CODE, 3 TO REVISE AUDIT REQUIREMENTS FOR SOIL CONSERVATION DISTRICTS. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 22-2721, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 22-2721. ELECTION, APPOINTMENT, QUALIFICATIONS AND TENURE OF SUPERVISORS. 8 The governing body of the district shall consist of five (5) supervisors, 9 elected or appointed as provided in this chapter. Elections shall be conducted 10 pursuant to the provisions of this section and the uniform district election 11 law, chapter 14, title 34, Idaho Code. If at any time the supervisors of a 12 district deem it necessary, they may request permission from the state soil 13 conservation commission to increase the number of supervisors to seven (7). 14 Upon receipt of such a request in writing, signed by all five (5) supervisors, 15 stating a valid reason for such need, the commission shall grant permission. 16 The additional supervisors shall then be appointed as outlined in subparagraph 17 C. of this section until such time as regular district elections for two (2) 18 supervisors in each district. At that time those districts having seven (7) 19 supervisors shall then elect four (4) supervisors for four (4) year terms. The 20 two (2) supervisors appointed by the commission shall be persons who are by 21 training and experience qualified to perform the specialized services which 22 will be required of them in the performance of their duties. All supervisors 23 shall be landowners or farmers of the district where they are elected or 24 appointed. 25 A. Within thirty (30) days after the date of issuance by the secretary of 26 state of a certificate of organization of a soil conservation district, nomi- 27 nating petitions may be filed with the state soil conservation commission to 28 nominate candidates for supervisors of each district. The soil conservation 29 commission, unless it has contracted with the county clerk to conduct the 30 election, shall designate an individual to act as the election official. If 31 contracted to do so, the county clerk shall act as the election official. The 32 election official shall have authority to extend the time within which nomi- 33 nating petitions may be filed. No such nominating petition shall be accepted 34 by the election official unless it shall be subscribed by not less than five 35 (5) persons who are qualified electors owning land or residing within the 36 boundaries of the district. The election official shall give due notice of an 37 election to be held, subject to the provisions of section 34-106, Idaho Code, 38 for the election of three (3) supervisors for the district. The names of all 39 nominees on behalf of whom such nominating petitions have been filed within 40 the time herein designated, shall appear arranged in the alphabetical order of 41 the surnames, upon ballots, with a square before each name and directions to 42 insert a mark in the square before any three (3) names to indicate the voter's 43 preference. The three (3) candidates who shall receive the largest number, 2 1 respectively, of the votes cast in such election shall be the elected supervi- 2 sors for such district. The commission shall pay all the expenses of such 3 election, which shall be supervised and conducted by the election official. 4 B. All elections in districts, excluding the first election as provided 5 in subparagraph A. of this section, shall be conducted by the district super- 6 visors of the districts involved who shall designate an individual to be the 7 election official, or the county clerk if contracted for that purpose. Such 8 election shall be held on the first Tuesday succeeding the first Monday of 9 November in each even-numbered year. Such elections shall be in compliance 10 with the provisions of chapter 14, title 34, Idaho Code, and shall be super- 11 vised and conducted by the election official. The cost of conducting such 12 elections shall be borne by the district involved. The election official shall 13 certify to the state soil conservation commission the names of the elected 14 supervisors. The state soil conservation commission shall issue certificates 15 of election to each elected supervisor so certified. The state soil conserva- 16 tion commission may authorize each district to contract with the county clerk 17 or county clerks of the county or counties in which the district is located to 18 conduct the election for the soil conservation district. If a district elec- 19 tion is conducted by a county clerk, the county clerk must provide a ballot 20 for the district election, and must provide a process that allows only quali- 21 fied electors of the district to vote in that district's election. 22 In any election for supervisor, if after the deadline for filing a decla- 23 ration of intent as a write-in candidate, it appears that the number of quali- 24 fied candidates who have been nominated is equal to the number of supervisors 25 to be elected, it shall not be necessary for the candidates to stand for elec- 26 tion, and the board of supervisors shall declare such candidates elected as 27 supervisors, and the state soil conservation commission shall immediately make 28 and deliver to such persons certificates of election. 29 C. In any election for supervisors of a soil conservation district, if 30 after the expiration of the date for filing written nominations it appears 31 that only one (1) qualified candidate has been nominated for each position to 32 be filled and no declaration of intent has been filed by a write-in candidate 33 as provided in subparagraph D. of this section, it shall not be necessary to 34 hold an election, and the election official shall, no later than seven (7) 35 days before the scheduled date of the election, declare such candidate elected 36 as supervisor, and the state soil conservation commission shall immediately 37 make and deliver to such person a certificate of election. 38 D. No write-in vote for supervisor shall be counted unless a declaration 39 of intent has been filed with the election official indicating that the person 40 making the declaration desires the office and is legally qualified to assume 41 the duties of supervisor if elected as a write-in candidate. The declaration 42 of intent shall be filed not later than twenty-five (25) days before the day 43 of election. 44 E. The supervisors shall designate a chairman and may, from time to time, 45 change such designation. The term of office of each supervisor shall be four 46 (4) years commencing on the first day of January next following election, 47 except that the two (2) supervisors who are first appointed shall be desig- 48 nated to serve for terms of two (2) years. A supervisor shall hold office 49 until a qualified successor has been elected or appointed. Vacancies shall be 50 filled for the unexpired term. The selection of successors to fill an unex- 51 pired term, or for a full term shall be made by a vote of the majority of the 52 supervisors duly qualified and acting at the time the vacancy shall arise and 53 the supervisors shall certify the name of the appointed supervisor to the 54 state soil conservation commission who shall issue a certificate of such 55 appointment. 3 1 F. A majority of the supervisors shall constitute a quorum and the con- 2 currence of a majority in any matter within their duties shall be required for 3 its determination. A supervisor shall be entitled to expenses, including 4 travel expense, necessarily incurred in the discharge of duties. A supervisor 5 shall receive no compensation for services from regular district funds, county 6 funds authorized in section 22-2726, Idaho Code, or state funds authorized in 7 section 22-2727, Idaho Code. 8 In the event the district has a special project, approved by the state 9 soil conservation commission, making project funds available from federal or 10 other sources, a supervisor may receive compensation not to exceed thirty-five 11 dollars ($35.00) per day plus actual and necessary expenses from project funds 12 for services directly related to the project. 13 The supervisors may employ a secretary, technical experts, and such other 14 officers, agents, and employees, permanent and temporary as they may require, 15 and shall determine their qualifications, duties and compensation. The super- 16 visors may call upon the attorney general of the state for such legal services 17 as they may require or may employ their own counsel and legal staff. The 18 supervisors may delegate to their chairman, to one (1) or more supervisors, or 19 to one (1) or more agents, or employees, such powers and duties as they may 20 deem proper. The supervisors shall furnish to the state soil conservation com- 21 mission, upon request, copies of such ordinances, rules, orders, contracts, 22 forms and other documents as they shall adopt or employ, and such other infor- 23 mation concerning their activities as it may require in the performance of its 24 duties under this chapter. 25 The supervisors shall provide for the execution of surety bonds for all 26 employees and officers who shall be entrusted with funds or property; they 27 shall provide for the keeping of a full and accurate record of all proceedings 28 and of all resolutions, and orders issued or adopted; and shall provide foran29annual audit of the accounts of receipts and disbursementsindependent finan- 30 cial audits in accordance with the provisions of section 67-450B, Idaho Code, 31 with the exception of the provisions of subsection (2)(d) of section 67-450B, 32 Idaho Code. The governing body of a local governmental entity whose annual 33 budget from all sources does not exceed fifty thousand dollars ($50,000) may 34 elect to have its financial statements reviewed on a biennial basis. Biennial 35 reports of review shall include a review of each fiscal year since the previ- 36 ous review report. Any supervisor may be removed by the state soil conserva- 37 tion commission upon notice and hearing, for neglect of duty or malfeasance in 38 office, but for no other reason. 39 The supervisors may invite the legislative body of a municipality or 40 county located near the territory comprised within the district to designate a 41 representative to advise and consult with the supervisors of the district on 42 all questions of program and policy which may affect the property, water sup- 43 ply, or other interests of such municipality or county.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Hill Seconded by Gannon IN THE SENATE SENATE AMENDMENT TO H.B. NO. 514 1 AMENDMENT TO SECTION 1 2 On page 3 of the printed bill, in line 32, delete "local governmental 3 entity" and insert: "district".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 514, As Amended in the Senate BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO SOIL CONSERVATION DISTRICTS; AMENDING SECTION 22-2721, IDAHO CODE, 3 TO REVISE AUDIT REQUIREMENTS FOR SOIL CONSERVATION DISTRICTS. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 22-2721, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 22-2721. ELECTION, APPOINTMENT, QUALIFICATIONS AND TENURE OF SUPERVISORS. 8 The governing body of the district shall consist of five (5) supervisors, 9 elected or appointed as provided in this chapter. Elections shall be conducted 10 pursuant to the provisions of this section and the uniform district election 11 law, chapter 14, title 34, Idaho Code. If at any time the supervisors of a 12 district deem it necessary, they may request permission from the state soil 13 conservation commission to increase the number of supervisors to seven (7). 14 Upon receipt of such a request in writing, signed by all five (5) supervisors, 15 stating a valid reason for such need, the commission shall grant permission. 16 The additional supervisors shall then be appointed as outlined in subparagraph 17 C. of this section until such time as regular district elections for two (2) 18 supervisors in each district. At that time those districts having seven (7) 19 supervisors shall then elect four (4) supervisors for four (4) year terms. The 20 two (2) supervisors appointed by the commission shall be persons who are by 21 training and experience qualified to perform the specialized services which 22 will be required of them in the performance of their duties. All supervisors 23 shall be landowners or farmers of the district where they are elected or 24 appointed. 25 A. Within thirty (30) days after the date of issuance by the secretary of 26 state of a certificate of organization of a soil conservation district, nomi- 27 nating petitions may be filed with the state soil conservation commission to 28 nominate candidates for supervisors of each district. The soil conservation 29 commission, unless it has contracted with the county clerk to conduct the 30 election, shall designate an individual to act as the election official. If 31 contracted to do so, the county clerk shall act as the election official. The 32 election official shall have authority to extend the time within which nomi- 33 nating petitions may be filed. No such nominating petition shall be accepted 34 by the election official unless it shall be subscribed by not less than five 35 (5) persons who are qualified electors owning land or residing within the 36 boundaries of the district. The election official shall give due notice of an 37 election to be held, subject to the provisions of section 34-106, Idaho Code, 38 for the election of three (3) supervisors for the district. The names of all 39 nominees on behalf of whom such nominating petitions have been filed within 40 the time herein designated, shall appear arranged in the alphabetical order of 41 the surnames, upon ballots, with a square before each name and directions to 42 insert a mark in the square before any three (3) names to indicate the voter's 43 preference. The three (3) candidates who shall receive the largest number, 2 1 respectively, of the votes cast in such election shall be the elected supervi- 2 sors for such district. The commission shall pay all the expenses of such 3 election, which shall be supervised and conducted by the election official. 4 B. All elections in districts, excluding the first election as provided 5 in subparagraph A. of this section, shall be conducted by the district super- 6 visors of the districts involved who shall designate an individual to be the 7 election official, or the county clerk if contracted for that purpose. Such 8 election shall be held on the first Tuesday succeeding the first Monday of 9 November in each even-numbered year. Such elections shall be in compliance 10 with the provisions of chapter 14, title 34, Idaho Code, and shall be super- 11 vised and conducted by the election official. The cost of conducting such 12 elections shall be borne by the district involved. The election official shall 13 certify to the state soil conservation commission the names of the elected 14 supervisors. The state soil conservation commission shall issue certificates 15 of election to each elected supervisor so certified. The state soil conserva- 16 tion commission may authorize each district to contract with the county clerk 17 or county clerks of the county or counties in which the district is located to 18 conduct the election for the soil conservation district. If a district elec- 19 tion is conducted by a county clerk, the county clerk must provide a ballot 20 for the district election, and must provide a process that allows only quali- 21 fied electors of the district to vote in that district's election. 22 In any election for supervisor, if after the deadline for filing a decla- 23 ration of intent as a write-in candidate, it appears that the number of quali- 24 fied candidates who have been nominated is equal to the number of supervisors 25 to be elected, it shall not be necessary for the candidates to stand for elec- 26 tion, and the board of supervisors shall declare such candidates elected as 27 supervisors, and the state soil conservation commission shall immediately make 28 and deliver to such persons certificates of election. 29 C. In any election for supervisors of a soil conservation district, if 30 after the expiration of the date for filing written nominations it appears 31 that only one (1) qualified candidate has been nominated for each position to 32 be filled and no declaration of intent has been filed by a write-in candidate 33 as provided in subparagraph D. of this section, it shall not be necessary to 34 hold an election, and the election official shall, no later than seven (7) 35 days before the scheduled date of the election, declare such candidate elected 36 as supervisor, and the state soil conservation commission shall immediately 37 make and deliver to such person a certificate of election. 38 D. No write-in vote for supervisor shall be counted unless a declaration 39 of intent has been filed with the election official indicating that the person 40 making the declaration desires the office and is legally qualified to assume 41 the duties of supervisor if elected as a write-in candidate. The declaration 42 of intent shall be filed not later than twenty-five (25) days before the day 43 of election. 44 E. The supervisors shall designate a chairman and may, from time to time, 45 change such designation. The term of office of each supervisor shall be four 46 (4) years commencing on the first day of January next following election, 47 except that the two (2) supervisors who are first appointed shall be desig- 48 nated to serve for terms of two (2) years. A supervisor shall hold office 49 until a qualified successor has been elected or appointed. Vacancies shall be 50 filled for the unexpired term. The selection of successors to fill an unex- 51 pired term, or for a full term shall be made by a vote of the majority of the 52 supervisors duly qualified and acting at the time the vacancy shall arise and 53 the supervisors shall certify the name of the appointed supervisor to the 54 state soil conservation commission who shall issue a certificate of such 55 appointment. 3 1 F. A majority of the supervisors shall constitute a quorum and the con- 2 currence of a majority in any matter within their duties shall be required for 3 its determination. A supervisor shall be entitled to expenses, including 4 travel expense, necessarily incurred in the discharge of duties. A supervisor 5 shall receive no compensation for services from regular district funds, county 6 funds authorized in section 22-2726, Idaho Code, or state funds authorized in 7 section 22-2727, Idaho Code. 8 In the event the district has a special project, approved by the state 9 soil conservation commission, making project funds available from federal or 10 other sources, a supervisor may receive compensation not to exceed thirty-five 11 dollars ($35.00) per day plus actual and necessary expenses from project funds 12 for services directly related to the project. 13 The supervisors may employ a secretary, technical experts, and such other 14 officers, agents, and employees, permanent and temporary as they may require, 15 and shall determine their qualifications, duties and compensation. The super- 16 visors may call upon the attorney general of the state for such legal services 17 as they may require or may employ their own counsel and legal staff. The 18 supervisors may delegate to their chairman, to one (1) or more supervisors, or 19 to one (1) or more agents, or employees, such powers and duties as they may 20 deem proper. The supervisors shall furnish to the state soil conservation com- 21 mission, upon request, copies of such ordinances, rules, orders, contracts, 22 forms and other documents as they shall adopt or employ, and such other infor- 23 mation concerning their activities as it may require in the performance of its 24 duties under this chapter. 25 The supervisors shall provide for the execution of surety bonds for all 26 employees and officers who shall be entrusted with funds or property; they 27 shall provide for the keeping of a full and accurate record of all proceedings 28 and of all resolutions, and orders issued or adopted; and shall provide foran29annual audit of the accounts of receipts and disbursementsindependent finan- 30 cial audits in accordance with the provisions of section 67-450B, Idaho Code, 31 with the exception of the provisions of subsection (2)(d) of section 67-450B, 32 Idaho Code. The governing body of a district whose annual budget from all 33 sources does not exceed fifty thousand dollars ($50,000) may elect to have its 34 financial statements reviewed on a biennial basis. Biennial reports of review 35 shall include a review of each fiscal year since the previous review report. 36 Any supervisor may be removed by the state soil conservation commission upon 37 notice and hearing, for neglect of duty or malfeasance in office, but for no 38 other reason. 39 The supervisors may invite the legislative body of a municipality or 40 county located near the territory comprised within the district to designate a 41 representative to advise and consult with the supervisors of the district on 42 all questions of program and policy which may affect the property, water sup- 43 ply, or other interests of such municipality or county.
STATEMENT OF PURPOSE
RS 17895
This proposed legislation will bring Conservation
Districts under the statute for independent financial audits
by governmental entities and provide for more uniform
accountability.
FISCAL IMPACT
The fiscal impact will be covered by the enhancement
included in the Governor's recommendation in the Soil
Conservation Commission's annual budget.
CONTACT:
Name: Rep. John A. "Bert" Stevenson, Chairman
House Resources and Conservation Committee
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 514