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S1424..........................................by RESOURCES AND ENVIRONMENT
IRRIGATION DISTRICTS - Amends existing law relating to irrigation
districts; to provide for preliminary studies relating to the feasibility,
costs and expenses of proposed local improvement districts; to revise
provisions relating to the publication of notices regarding the creation of
local improvement districts and assessment rolls; to revise provisions
relating to the continuation of hearings for the consideration of protests
regarding the creation of local improvement districts; and to provide for
the recommencement of initiation of local improvement districts.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Res/Env
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 27-6-2
AYES -- Andreason, Bair, Bastian, Broadsword, Cameron, Coiner,
Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKague,
McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stennett
NAYS -- Bilyeu, Burkett, Kelly, Langhorst, Malepeai(Sagness), Werk
Absent and excused -- Gannon, Stegner
Floor Sponsor - Coiner
Title apvd - to House
03/04 House intro - 1st rdg - to Res/Con
03/14 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 62-4-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Jaquet, King, Kren, Labrador, Lake, Loertscher, Marriott,
Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart,
Patrick, Pence, Raybould, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Thomas, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- Durst, LeFavour, Luker, Ringo
Absent and excused -- Crane, Henderson, Killen, Trail
Floor Sponsor - Stevenson
Title apvd - to Senate
03/20 To enrol - Rpt enrol - Pres signed
03/21 Sp signed
03/24 To Governor
03/28 Governor signed
Session Law Chapter 301
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1424 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO IRRIGATION DISTRICTS; AMENDING SECTION 43-2504, IDAHO CODE, TO 3 PROVIDE FOR PRELIMINARY STUDIES RELATING TO THE FEASIBILITY, COSTS AND 4 EXPENSES OF PROPOSED LOCAL IMPROVEMENT DISTRICTS, TO PROVIDE FOR THE COSTS 5 OF PRELIMINARY STUDIES AND TO PROVIDE THAT PETITIONS FOR LOCAL IMPROVEMENT 6 DISTRICTS SHALL INCLUDE CERTAIN ACKNOWLEDGMENTS; AMENDING SECTION 7 43-2506, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE PUBLICATION OF 8 NOTICES OF INTENTION REGARDING THE CREATION OF LOCAL IMPROVEMENT DIS- 9 TRICTS; AMENDING SECTION 43-2507, IDAHO CODE, TO REVISE PROVISIONS RELAT- 10 ING TO THE CONTINUATION OF HEARINGS FOR THE CONSIDERATION OF PROTESTS 11 REGARDING THE CREATION OF LOCAL IMPROVEMENT DISTRICTS AND TO PROVIDE FOR 12 THE RECOMMENCEMENT OF INITIATION OF LOCAL IMPROVEMENT DISTRICTS; AND 13 AMENDING SECTION 43-2511, IDAHO CODE, TO REVISE PROVISIONS RELATING TO 14 THE PUBLICATION OF NOTICES OF HEARING REGARDING ASSESSMENT ROLLS. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 43-2504, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 43-2504. INITIATION OF ORGANIZATION OF LOCAL IMPROVEMENT DISTRICT. The 19 organization of any local improvement district herein provided for may be ini- 20 tiated upon a petition signed by not less than sixty percent (60%) of the 21 owners of property subject to assessment within such local improvement dis- 22 trict, or by resolution of the board adopted by an affirmative vote of a 23 majority of the members of the full board at a regular or special meeting 24 thereof. The terms of a petition shall include a description of the boundaries 25 of a proposed local improvement district, the improvements to be made and the 26 property to be assessed. 27 The board may, in its discretion, authorize a preliminary study to deter- 28 mine the feasibility and costs and expenses of a proposed local improvement 29 district and pay for such study out of the general fund of the district. In 30 the event the local improvement district is formed, the cost of the study may 31 be included in the cost of the local improvement district and added to the 32 assessment roll. In the event the local improvement district is not formed, 33 for any reason, the board may authorize the cost of the study to be added to 34 the general assessment rolls of the district as to the property within the 35 proposed local improvement district. 36 In the alternative, the board may, in its discretion, as a condition of 37 the board proceeding further with the formation of the local improvement dis- 38 trict, require the petitioners to provide to the district a deposit in an 39 amount determined in the board's discretion to pay for a preliminary study of 40 the proposed local improvement district to determine the feasibility and costs 41 and expenses of the project. 42 The petition shall include an acknowledgment by the petitioners that the 43 district may require the petitioners to provide to the district a deposit in 2 1 an amount determined in the board's discretion to pay for a preliminary study 2 or that the board may, in its discretion, authorize the cost of the study to 3 be paid out of the general fund of the district, with the cost of the study to 4 be included in the cost of the local improvement district and added to the 5 assessment roll if one is formed or to be added to the general assessment 6 rolls of the district as to the property within the proposed local improvement 7 district if the local improvement district is not formed. 8 SECTION 2. That Section 43-2506, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 43-2506. NOTICE OF INTENTION AND HEARING. The notice of intention shall 11 be published in the official newspaper of the district. If the district is 12 located in more than one (1) county, the notice of intention may be published 13 only in the county where the property to be assessed in the proposed local 14 improvement district is located. Publication shall be in three (3) consecutive 15 issues if a daily newspaper, or in two (2) issues if a weekly newspaper or in 16 case no newspaper is published in such district then by posting for five (5) 17 days in three (3) public places within the proposed local improvement dis- 18 trict. A copy of such notice shall be mailed to each owner of property, if 19 known, or his agent, if known, within the limits of the proposed local 20 improvement district, addressed to such person at his post office address if 21 known, or if unknown, to a post office in the district where the improvement 22 is to be made. Ownership of property shall be determined as of the date of the 23 adoption of the resolution of intent to create. The hearing shall take place 24 not less than ten (10) days from the date of the first of said publications or 25 postings or the date of said mailing, whichever is later. 26 SECTION 3. That Section 43-2507, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 43-2507. PROTESTS AND HEARINGS. Any owner of property to be assessed in 29 the proposed local improvement district described in the notice of intention 30 shall have the right, in advance of the hearing, to file, in writing, a pro- 31 test to the creation of the district or making any other objections in rela- 32 tion thereto. At the date, time and place specified in the notice of intention 33 the board shall, in open and public session, consider all protests which have 34 been filed in writing in advance of the hearing, and the hearing may be 35 adjournedfrom time to timeone (1) or more times at the discretion of the 36 board to a fixed future time and place for the same, by publicly announcing at 37 the hearing the continued date and time for such hearing, until all such 38 protests have been heard. No further or additional notice of any kind shall be 39 required. At any continued hearing, the board shall not consider any protests 40 that were filed after the original hearing date. The decision of the board as 41 to all protests shall be conclusive and final, and if it should so determine, 42 the board may delete any improvements on any property which had originally 43 been contemplated in the said notice. If owners of more than two-thirds (2/3) 44 of the property to be assessed protest any of the proposed improvements which 45 affect their property, the board shall not proceed further with the work so 46 protested unless a majority of the members of the full board shall vote to 47 proceed with such work. The vote on the hereinafter mentioned resolution cre- 48 ating the local improvement district shall constitute the vote as to whether 49 or not the board will proceed. Any property owner who fails to file a protest 50 within the time specified, or having filed one withdraws said protest, shall 51 be deemed to have waived any objection to the creation of the local improve- 3 1 ment district, the making of the improvements, and the inclusion of his prop- 2 erty in the local improvement district. Such waiver shall not preclude his 3 right to object to the amount of the assessment at the later hearing provided 4 for such purpose. 5 In cases where written protests are filed and sixty percent (60%) of the 6 owners or the owners of two-thirds (2/3) of the lots and lands within such 7 proposed local improvement district have signed such protest, the board shall 8 not be allowed to proceed with the creation of the local improvement district 9 for a period of one hundred eighty (180) days.During this one hundred eighty10(180) day period, the city council shall act as a review board for as much of11the proposed local improvement district as is situated within the boundaries12of any city, and the board of county commissioners shall act as a review board13for that portion of the proposed local improvement district as is situated14within the unincorporated portion of the county. As a review board, the city15council or board of county commissioners shall review the record of the pro-16posal, including conformance with procedural provisions of law. The city coun-17cil or board of county commissioners shall also evaluate the necessity or18desirability of the proposed local improvement district, and shall take into19consideration the creation of the proposed local improvement district as it20relates to the financial impact of the creation and implementation of the21objectives of the proposed local improvement district upon the property owners22within the proposed local improvement district, especially in light of proj-23ects recently undertaken or contemplated for the near future within the dis-24trict.25After its evaluation, the city council shall approve, modify or reject the26proposal for the creation of a local improvement district for as much of the27proposed district as is situated within the boundaries of the city, and the28board of county commissioners shall approve, modify or reject the proposal for29the creation of a local improvement district for as much of the proposed dis-30trict as is situated within the unincorporated portion of the countyAfter 31 expiration of the one hundred eighty (180) day period, the district may 32 recommence the initiation of a local improvement district as originally pro- 33 posed or as modified as provided in this chapter. 34 SECTION 4. That Section 43-2511, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 43-2511. NOTICE OF HEARING ON ASSESSMENT ROLL. After the board fixes the 37 time and place for said hearing on the assessment roll, the secretary of the 38 district shall give notice by publication in the official newspaper of such 39 district. If the district is located in more than one (1) county, the notice 40 may be published only in the county where the property to be assessed is 41 located. Publication shall be in three (3) successive issues if published in a 42 daily newspaper, or by publication in two (2) issues if published in a weekly 43 newspaper, the first of which publication shall be at least fifteen (15) days 44 before the date fixed for hearing objections to said assessment roll, that 45 such assessment roll is on file in his office. The notice shall further state 46 the date, time and place at which the board will hear and consider objections 47 to the assessment roll by the parties aggrieved by such assessments. The sec- 48 retary shall, not less than fifteen (15) days before the date fixed for hear- 49 ing objections to said assessment roll, mail a substantially similar notice to 50 each owner of property if known, or his agent if known, within the limits of 51 the local improvement district, addressed to such person at his post office 52 address if known, or if unknown, to the post office in such district where the 53 improvement is to be made. The mailed notice shall also state the amount of 4 1 the individual assessment and that at the specified time and place the board 2 will hold a hearing to hear and determine all objections to the regularity of 3 the proceedings in making such assessment, the correctness of the assessment, 4 and the amount levied on the particular lot or parcel in relation to the bene- 5 fits accruing thereon and in relation to the proper proportionate share of the 6 total cost of the improvements in the project. It shall further state that 7 each owner of property within the district is given notice that in revising 8 the assessment roll at or after the hearing, the board may increase any 9 assessment or assessments up to twenty percent (20%) of the original amount 10 thereof without giving further notice and holding a new hearing thereon. The 11 owner or owners of any property which is assessed in such assessment roll, 12 whether named or not in such roll, may, before the date and time fixed for the 13 hearing, file with the secretary his objections in writing to said assessment.
STATEMENT OF PURPOSE
RS 17836
This legislation would allow people who live in irrigation districts
to have better access to irrigation water that is appurtenant to their
property, but which is not currently accessible. This would be
accomplished by improving the ability of irrigation districts to form
local improvement districts to provide for such water supplies through
connection or reconnection to the irrigation system of the irrigation
district. Irrigation districts would be allowed to authorize a
preliminary study to determine the feasibility and costs of a local
improvement district. This legislation further clarifies that
irrigation districts located in more than one county may publish
notice only in the county where the proposed local improvement
district is to be located. Hearings on protests could be continued
without further publication and only protests filed before the
original hearing may be considered. The legislation also provides for
suspension of further consideration of a petition to establish a local
improvement district in the event that a sufficient number of protests
are received.
FISCAL NOTE
There will be no fiscal impact with this legislation.
Contact
Name: Senator Charles Coiner
Phone: 208-332-1000
Representative John "Bert" Stevenson
Phone: 208-332-1000
Norm Semanko Idaho Water Users Association
Phone: 208-344-6690
STATEMENT OF PURPOSE/FISCAL NOTE S 1424