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H0637......................................................by STATE AFFAIRS ELECTIONS - Amends, adds to and repeals existing law to limit elections to two dates in each calendar year, except for school districts that are allowed two additional election dates; to specify those elections to be held in even-numbered years and those elections to be held in odd-numbered years; to transition certain terms of office from an odd number of years to four year or six year terms; to provide for all elections to be conducted by the appropriate county clerk, except for water districts, ground water recharge districts, ground water management districts and irrigation districts; and to provide for an annual distribution from sales tax revenues to counties to fund the additional cost of conducting elections. 03/12 House intro - 1st rdg - to printing 03/13 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 637 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTIONS; AMENDING SECTION 21-805, IDAHO CODE, TO PROVIDE DUTIES 3 OF THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS IN AN ELECTION TO ESTAB- 4 LISH A REGIONAL AIRPORT AUTHORITY, TO PROVIDE FOR CANVASSING OF VOTES BY 5 THE COUNTY BOARD OF CANVASSERS AND TO MAKE A TECHNICAL CORRECTION; AMEND- 6 ING SECTION 21-806, IDAHO CODE, TO PROVIDE FOR AN ELECTION OF A BOARD OF 7 TRUSTEES OF A REGIONAL AIRPORT AUTHORITY; AMENDING SECTION 22-2719, IDAHO 8 CODE, TO PROVIDE FOR PAYMENT OF ELECTION EXPENSES OF A SOIL CONSERVATION 9 DISTRICT BY THE COUNTY THAT CONDUCTS THE ELECTION; AMENDING SECTION 10 22-2721, IDAHO CODE, TO PROVIDE THAT THE COUNTY CLERK SHALL BE THE ELEC- 11 TION OFFICIAL AND SHALL CONDUCT ALL ELECTIONS OF A SOIL CONSERVATION DIS- 12 TRICT AND TO PROVIDE FOR PAYMENT OF ELECTION EXPENSES BY THE COUNTY THAT 13 CONDUCTS THE ELECTION; AMENDING SECTION 22-2725, IDAHO CODE, TO PROVIDE 14 THAT THE COUNTY CLERK SHALL SUPERVISE AN ELECTION TO DISCONTINUE A SOIL 15 CONSERVATION DISTRICT; AMENDING SECTION 22-4301, IDAHO CODE, TO PROVIDE 16 FOR ELECTIONS OF A WEATHER MODIFICATION DISTRICT TO BE CONDUCTED BY THE 17 COUNTY CLERK ON SPECIFIED DATES AND TO PROVIDE FOR FOUR-YEAR TERMS FOR 18 BOARD MEMBERS; AMENDING SECTION 23-917, IDAHO CODE, TO PROVIDE THAT A 19 LOCAL OPTION REFERENDUM ELECTION SHALL BE CONDUCTED IN ACCORDANCE WITH THE 20 PROVISIONS OF TITLE 34, IDAHO CODE, AND TO PROVIDE CORRECT TERMINOLOGY; 21 AMENDING SECTION 23-918, IDAHO CODE, TO PROVIDE THAT THE COUNTY CLERK MUST 22 FURNISH ELECTION BALLOTS; AMENDING SECTION 23-919, IDAHO CODE, TO PROVIDE 23 THAT THE COUNTY CLERK SHALL CERTIFY ELECTION RESULTS AND TO PROVIDE COR- 24 RECT TERMINOLOGY; AMENDING SECTION 27-107, IDAHO CODE, TO PROVIDE THAT 25 ELECTIONS OF A CEMETERY MAINTENANCE DISTRICT SHALL BE CONDUCTED IN ACCOR- 26 DANCE WITH TITLE 34, IDAHO CODE, AND TO PROVIDE DUTIES OF THE COUNTY 27 CLERK; AMENDING SECTION 27-111, IDAHO CODE, TO PROVIDE THAT ELECTIONS FOR 28 CEMETERY MAINTENANCE DISTRICT COMMISSIONERS SHALL BE CONDUCTED BY THE 29 COUNTY CLERK; AMENDING SECTION 31-402, IDAHO CODE, TO SPECIFY THE DATES 30 THAT ELECTIONS TO CONSOLIDATE COUNTIES SHALL BE HELD; AMENDING SECTION 31 31-403, IDAHO CODE, TO SPECIFY THAT THE CONTENT OF A PETITION TO HOLD AN 32 ELECTION TO CONSOLIDATE COUNTIES SHALL INDICATE A DATE AS AUTHORIZED IN 33 SECTION 34-106, IDAHO CODE; AMENDING SECTION 31-407, IDAHO CODE, TO PRO- 34 VIDE DUTIES OF THE COUNTY CLERK IN AN ELECTION TO CONSOLIDATE COUNTIES AND 35 TO PROVIDE FOR APPLICATION OF LAW; AMENDING SECTION 31-408, IDAHO CODE, TO 36 PROVIDE DUTIES OF THE COUNTY CLERK FOR PREPARATION AND FORM OF BALLOTS; 37 AMENDING SECTION 31-1406, IDAHO CODE, TO PROVIDE DUTIES OF THE COUNTY 38 CLERK IN FIRE PROTECTION DISTRICT ELECTIONS IN ACCORDANCE WITH TITLE 34, 39 IDAHO CODE; AMENDING SECTION 31-4323, IDAHO CODE, TO PROVIDE THAT RECRE- 40 ATION DISTRICT ELECTIONS ARE CONDUCTED IN ACCORDANCE WITH TITLE 34, IDAHO 41 CODE, TO PROVIDE DUTIES OF THE COUNTY CLERK AND TO MAKE A TECHNICAL COR- 42 RECTION; AMENDING SECTION 31-4325, IDAHO CODE, TO PROVIDE THAT ELECTIONS 43 FOR PROPOSED INDEBTEDNESS OF A RECREATION DISTRICT SHALL BE CONDUCTED BY 44 THE COUNTY CLERK; AMENDING SECTION 31-4510, IDAHO CODE, TO PROVIDE THAT 45 THE ELECTION SHALL BE CONDUCTED BY THE COUNTY CLERK IN ACCORDANCE WITH 46 TITLE 34, IDAHO CODE; AMENDING SECTION 31-4701, IDAHO CODE, TO PROVIDE 2 1 DUTIES OF THE COUNTY CLERK IN COUNTY MUSEUM BOARD ELECTIONS IN ACCORDANCE 2 WITH TITLE 34, IDAHO CODE, AND TO MAKE A TECHNICAL CORRECTION; AMENDING 3 SECTION 33-308, IDAHO CODE, TO SPECIFY THE DATES THAT SCHOOL DISTRICT 4 ELECTIONS TO EXCISE OR ANNEX TERRITORY SHALL BE HELD; AMENDING SECTION 5 33-311, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 6 33-312, IDAHO CODE, TO PROVIDE THAT AN ELECTION TO DIVIDE A SCHOOL DIS- 7 TRICT SHALL BE HELD ON SPECIFIED DATES AND CONDUCTED ACCORDING TO TITLE 8 34, IDAHO CODE, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 9 33-313, IDAHO CODE, TO DELETE REFERENCE TO THE LENGTH OF TERM OF OFFICE 10 FOR MEMBERS OF A SCHOOL BOARD OF TRUSTEES; AMENDING SECTION 33-317, IDAHO 11 CODE, TO PROVIDE THAT ELECTIONS OF COOPERATIVE SERVICE AGENCIES SHALL BE 12 HELD ON SPECIFIED DATES AND CONDUCTED PURSUANT TO TITLE 34, IDAHO CODE; 13 AMENDING SECTION 33-351, IDAHO CODE, TO PROVIDE THAT ELECTIONS TO CREATE 14 SCHOOL SUBDISTRICTS SHALL BE HELD ON SPECIFIED DATES AND CONDUCTED PURSU- 15 ANT TO TITLE 34, IDAHO CODE; AMENDING SECTION 33-354, IDAHO CODE, TO MAKE 16 TECHNICAL CORRECTIONS AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING 17 SECTION 33-401, IDAHO CODE, TO REVISE LEGISLATIVE INTENT REGARDING SCHOOL 18 ELECTIONS; AMENDING SECTION 33-402, IDAHO CODE, TO REVISE NOTICE REQUIRE- 19 MENTS REGARDING SCHOOL ELECTIONS; REPEALING SECTIONS 33-403, 33-403A, 20 33-403B AND 33-403C, IDAHO CODE, RELATING TO CONDUCTING SCHOOL ELECTIONS; 21 AMENDING SECTIONS 33-404 AND 33-405, IDAHO CODE, TO DELETE OBSOLETE LAN- 22 GUAGE; REPEALING SECTIONS 33-405A, 33-405B, 33-406, 33-406A, 33-407, 23 33-408, 33-409, 33-410, 33-411, 33-412, 33-413, 33-414, 33-415, 33-416, 24 33-417, 33-418, 33-419, 33-420, 33-421, 33-422, 33-423, 33-424, 33-428, 25 33-429, 33-430, 33-431, 33-432, 33-433, 33-434, 33-435, 33-436, 33-437, 26 33-438, 33-439, 33-440, 33-441 AND 33-442, IDAHO CODE, RELATING TO SCHOOL 27 DISTRICT ELECTIONS AS CONDUCTED BY THE SCHOOL DISTRICT; AMENDING SECTION 28 33-501, IDAHO CODE, TO INCREASE THE TERMS OF SCHOOL DISTRICT BOARDS OF 29 TRUSTEE MEMBERS FROM THREE YEARS TO FOUR YEARS EFFECTIVE AT TIMES AS SPEC- 30 IFIED; REPEALING SECTIONS 33-502A, 33-502C AND 33-502D, IDAHO CODE, RELAT- 31 ING TO CANDIDATES FOR SCHOOL DISTRICT BOARDS OF TRUSTEES; AMENDING SECTION 32 33-502B, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 33 33-503, IDAHO CODE, TO PROVIDE FOR ELECTION OF SCHOOL DISTRICT BOARDS OF 34 TRUSTEES IN ODD-NUMBERED YEARS ON THE FOURTH TUESDAY IN MAY IN ACCORDANCE 35 WITH THE PROVISIONS OF CHAPTER 14, TITLE 34, IDAHO CODE; AMENDING CHAPTER 36 5, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-503A, IDAHO 37 CODE, TO PROVIDE FOR THE TRANSITION OF SCHOOL TRUSTEE TERMS FROM THREE 38 YEARS TO FOUR YEARS; AMENDING SECTION 33-504, IDAHO CODE, TO PROVIDE FOR 39 APPOINTMENT TO FILL A VACANCY ON A SCHOOL DISTRICT BOARD OF TRUSTEES AND 40 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-505, IDAHO CODE, TO 41 PROVIDE FOR APPOINTMENT OR SELECTION OF A SCHOOL DISTRICT BOARD OF 42 TRUSTEES IN A NEWLY CREATED SCHOOL DISTRICT, TO PROVIDE FOR TERMS OF FOUR 43 YEARS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-601, IDAHO 44 CODE, TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 33-802, IDAHO 45 CODE, TO PROVIDE THAT CERTAIN SCHOOL LEVY ELECTIONS ARE HELD ON DATES 46 AUTHORIZED IN SECTION 34-106, IDAHO CODE; AMENDING SECTION 33-803, IDAHO 47 CODE, TO PROVIDE THAT A TAX LEVY ELECTION FOR EDUCATION OF CHILDREN OF 48 MIGRATORY FARM WORKERS IS CONDUCTED AS PROVIDED IN TITLE 34, IDAHO CODE; 49 AMENDING SECTION 33-804, IDAHO CODE, TO PROVIDE THAT A SCHOOL PLANT FACIL- 50 ITIES RESERVE FUND LEVY IS HELD ON A DATE AUTHORIZED IN SECTION 34-106, 51 IDAHO CODE, AND IS CONDUCTED AS PROVIDED IN TITLE 34, IDAHO CODE; AMENDING 52 SECTIONS 33-1103 AND 33-1510, IDAHO CODE, TO PROVIDE CORRECT CODE REFER- 53 ENCES; AMENDING SECTION 33-2106, IDAHO CODE, TO PROVIDE THAT ELECTIONS OF 54 TRUSTEES OF COMMUNITY COLLEGE DISTRICTS SHALL BE HELD IN ODD-NUMBERED 55 YEARS, TO DELETE OBSOLETE LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS; 3 1 AMENDING SECTION 33-2111, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; 2 AMENDING SECTION 33-2715, IDAHO CODE, TO PROVIDE THAT LIBRARY DISTRICT 3 BOARDS OF TRUSTEES SHALL BE ELECTED IN ODD-NUMBERED YEARS FOR TERMS OF SIX 4 YEARS, TO PROVIDE FOR INITIAL APPOINTMENTS OF BOARD MEMBERS AND TO PROVIDE 5 FOR TRANSITION OF BOARD MEMBER TERMS TO TERMS OF SIX YEARS; AMENDING SEC- 6 TION 33-2716, IDAHO CODE, TO DELETE REFERENCE TO ANNUAL ELECTIONS; AMEND- 7 ING SECTION 33-2718, IDAHO CODE, TO PROVIDE FOR INITIAL APPOINTMENTS OF 8 LIBRARY DISTRICT BOARDS OF TRUSTEES REPRESENTING TRUSTEE ZONES AND TO PRO- 9 VIDE FOR TRANSITION OF BOARD MEMBER TERMS TO TERMS OF SIX YEARS; AMENDING 10 SECTION 34-106, IDAHO CODE, TO PROVIDE FOR TWO ELECTIONS IN A CALENDAR 11 YEAR ON SPECIFIED DATES, TO PROVIDE THAT COMMUNITY COLLEGES AND SCHOOL 12 DISTRICT ELECTIONS ARE SUBJECT TO THE LIMITATION ON DATES OF ELECTIONS, TO 13 ALLOW SCHOOL DISTRICTS AN ADDITIONAL TWO DATES EACH YEAR ON WHICH ELEC- 14 TIONS MAY BE HELD AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 15 34-602, IDAHO CODE, TO PROVIDE SPECIFICATIONS REGARDING A PUBLISHED SECOND 16 NOTICE OF ELECTION; AMENDING SECTION 34-1401, IDAHO CODE, TO PROVIDE THAT 17 THE COUNTY CLERK SHALL ADMINISTER ALL ELECTIONS ON BEHALF OF ANY POLITICAL 18 SUBDIVISION, TO SPECIFY POLITICAL SUBDIVISIONS EXEMPT FROM THE PROVISIONS 19 OF THIS SECTION AND TO PROVIDE THAT SCHOOL DISTRICT AND HIGHWAY DISTRICT 20 ELECTIONS SHALL BE CONDUCTED BY THE COUNTY CLERK; AMENDING SECTION 21 34-1406, IDAHO CODE, TO PROVIDE SPECIFICATIONS FOR PUBLISHED NOTICES OF 22 ELECTION BY THE COUNTY CLERK; AMENDING SECTION 34-2301, IDAHO CODE, TO 23 PROVIDE FOR RECOUNT OF BALLOTS FOR MUNICIPAL OFFICES; AMENDING SECTION 24 39-1324, IDAHO CODE, TO PROVIDE THAT ELECTIONS OF HOSPITAL DISTRICTS SHALL 25 BE CONDUCTED PURSUANT TO TITLE 34, IDAHO CODE, AND TO PROVIDE DUTIES OF 26 THE COUNTY BOARD OF COMMISSIONERS AND COUNTY CLERK; AMENDING SECTION 27 39-1325A, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND A CORRECT CODE 28 REFERENCE; AMENDING SECTION 39-1330, IDAHO CODE, TO PROVIDE FOR BIENNIAL 29 ELECTION OF HOSPITAL DISTRICT BOARD MEMBERS ON THE FOURTH TUESDAY OF MAY, 30 TO PROVIDE DUTIES OF THE COUNTY CLERK AND TO MAKE A TECHNICAL CORRECTION; 31 AMENDING SECTION 39-1339, IDAHO CODE, TO PROVIDE THAT ELECTIONS OF PRO- 32 POSED INDEBTEDNESS TO BE INCURRED BY A HOSPITAL DISTRICT SHALL BE CON- 33 DUCTED BY THE COUNTY CLERK IN ACCORDANCE WITH THE PROVISIONS OF TITLE 34, 34 IDAHO CODE; AMENDING SECTION 39-1340, IDAHO CODE, TO PROVIDE A DUTY OF THE 35 COUNTY CLERK WITH REGARD TO NOTICES OF HOSPITAL DISTRICT ELECTIONS; AMEND- 36 ING SECTION 39-1341, IDAHO CODE, TO PROVIDE THAT THE COUNTY CLERK SHALL 37 CONDUCT HOSPITAL DISTRICT ELECTIONS FOR PROPOSED INDEBTEDNESS IN ACCOR- 38 DANCE WITH TITLE 34, IDAHO CODE; AMENDING SECTION 40-819, IDAHO CODE, TO 39 REVISE HIGHWAY DISTRICT ELECTIONS TO BE CONDUCTED IN ACCORDANCE WITH TITLE 40 34, IDAHO CODE, AND TO PROVIDE DUTIES OF THE HIGHWAY DISTRICT COMMISSION- 41 ERS AND THE COUNTY CLERK; AMENDING SECTION 40-1101, IDAHO CODE, TO PROVIDE 42 THAT HIGHWAY DISTRICT ELECTIONS TO AUTHORIZE BONDING SHALL BE CONDUCTED BY 43 THE COUNTY CLERK; AMENDING SECTION 40-1304, IDAHO CODE, TO SPECIFY THE 44 DATE ON WHICH HIGHWAY DISTRICT COMMISSIONERS SHALL TAKE OFFICE; AMENDING 45 SECTION 40-1305, IDAHO CODE, TO PROVIDE FOR ELECTION OF HIGHWAY DISTRICT 46 COMMISSIONERS ON THE FOURTH TUESDAY OF MAY IN ODD-NUMBERED YEARS AND TO 47 DELETE OBSOLETE LANGUAGE; AMENDING SECTION 40-1305A, IDAHO CODE, TO PRO- 48 VIDE FOR THE ADMINISTRATION OF HIGHWAY DISTRICT ELECTIONS; AMENDING SEC- 49 TION 40-1305D, IDAHO CODE, TO REVISE HIGHWAY DISTRICT COMMISSIONER NOTICE 50 OF ELECTION FILING DEADLINE; AMENDING SECTION 40-1305E, IDAHO CODE, TO 51 PROVIDE THAT THE COUNTY CLERK SHALL PUBLISH NOTICE OF ELECTION OF HIGHWAY 52 DISTRICT COMMISSIONER AS SPECIFIED BY LAW; AMENDING SECTION 40-1305H, 53 IDAHO CODE, TO PROVIDE THAT THE COUNTY CLERK SHALL PROVIDE, RECEIVE AND 54 COUNT ABSENTEE BALLOTS IN HIGHWAY DISTRICT ELECTIONS; AMENDING SECTION 55 40-1305I, IDAHO CODE, TO PROVIDE THAT ALL HIGHWAY DISTRICT ELECTIONS SHALL 4 1 BE CONDUCTED BY THE COUNTY CLERK AS PROVIDED BY LAW; AMENDING SECTION 2 40-1305J, IDAHO CODE, TO PROVIDE FOR CANVASSING OF HIGHWAY DISTRICT ELEC- 3 TIONS; REPEALING SECTIONS 40-1305K, 40-1305L, 40-1305M, 40-1305N, 4 40-1305O, 40-1305P AND 40-1305Q, IDAHO CODE, RELATING TO HIGHWAY DISTRICT 5 ELECTIONS AS CONDUCTED BY THE HIGHWAY DISTRICT; AMENDING SECTION 6 40-1305KK, IDAHO CODE, TO PROVIDE THAT RECALL ELECTIONS OF HIGHWAY DIS- 7 TRICT COMMISSIONERS SHALL BE CONDUCTED BY THE COUNTY CLERK IN ACCORDANCE 8 WITH TITLE 34, IDAHO CODE; REPEALING SECTIONS 40-1305LL AND 40-1305OO, 9 IDAHO CODE, RELATING TO RECALL ELECTIONS OF HIGHWAY DISTRICT COMMISSIONERS 10 AS CONDUCTED BY THE HIGHWAY DISTRICT; AMENDING SECTION 40-1402, IDAHO 11 CODE, TO PROVIDE THAT THE COST OF HOLDING SPECIAL ELECTIONS AT THE COUNTY 12 LEVEL SHALL BE PAID BY THE COUNTY WITHOUT EXCEPTION; AMENDING SECTION 13 40-1409, IDAHO CODE, TO PROVIDE THAT ELECTIONS SHALL BE PAID BY THE COUNTY 14 WITHOUT PROVISIONS FOR PRORATING THE EXPENSE AND TO PROVIDE A CORRECT CODE 15 REFERENCE; AMENDING SECTION 40-1416, IDAHO CODE, TO PROVIDE THAT COSTS OF 16 ELECTIONS HELD TO APPROVE A HIGHWAY DISTRICT VEHICLE REGISTRATION FEE 17 SHALL BE PAID BY THE COUNTY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 18 SECTION 40-1418, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING 19 SECTION 40-1506, IDAHO CODE, TO PROVIDE FOR APPOINTMENT OF ELECTION JUDGES 20 BY THE COUNTY CLERK; AMENDING SECTION 40-1507, IDAHO CODE, TO CLARIFY PRO- 21 CEDURE FOR NOTICE OF ELECTION BY THE COUNTY CLERK; AMENDING SECTION 22 40-1508, IDAHO CODE, TO CLARIFY PROCEDURE FOR HOLDING ELECTIONS OF CONSOL- 23 IDATION OF HIGHWAY DISTRICTS; AMENDING SECTION 40-1511, IDAHO CODE, TO 24 CLARIFY PROCEDURE FOR COUNTING THE VOTES IN AN ELECTION OF CONSOLIDATION 25 OF HIGHWAY DISTRICTS; AMENDING SECTION 40-1519, IDAHO CODE, TO PROVIDE 26 THAT THE EXPENSES OF CONDUCTING AN ELECTION TO CONSOLIDATE HIGHWAY DIS- 27 TRICTS SHALL BE PAID BY THE COUNTY WITHOUT PROVISIONS FOR PRORATING THE 28 EXPENSE; AMENDING SECTION 40-1604, IDAHO CODE, TO PROVIDE A CORRECT CODE 29 REFERENCE; AMENDING SECTION 40-1605, IDAHO CODE, TO REQUIRE ELECTIONS TO 30 BE HELD ON A DATE AUTHORIZED IN SECTION 34-106, IDAHO CODE; AMENDING SEC- 31 TION 40-1606, IDAHO CODE, TO PROVIDE DUTIES OF THE COUNTY CLERK IN ELEC- 32 TIONS TO DETACH OR ANNEX TERRITORY OF A HIGHWAY DISTRICT; AMENDING SECTION 33 40-1607, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SEC- 34 TIONS 40-1624 AND 40-1625, IDAHO CODE, TO PROVIDE THAT ELECTIONS TO ANNEX 35 CONTIGUOUS TERRITORY OF A HIGHWAY DISTRICT SHALL BE HELD ON A DATE AUTHOR- 36 IZED IN SECTION 34-106, IDAHO CODE; AMENDING SECTION 40-1626, IDAHO CODE, 37 TO PROVIDE THAT ELECTION DATES TO DETACH OR ANNEX TERRITORY OF A HIGHWAY 38 DISTRICT SHALL BE HELD ON A DATE AUTHORIZED IN SECTION 34-106, IDAHO CODE, 39 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 40-1630, IDAHO CODE, 40 TO PROVIDE THAT COSTS OF THE ELECTION SHALL BE PAID BY THE COUNTY OR COUN- 41 TIES CONDUCTING THE ELECTION; AMENDING SECTION 40-1702, IDAHO CODE, TO 42 PROVIDE DUTIES OF THE COUNTY CLERK AND THE COUNTY BOARD OF CANVASSERS IN 43 ELECTIONS TO REORGANIZE A COUNTY HIGHWAY DISTRICT; AMENDING SECTION 44 40-1714, IDAHO CODE, TO PROVIDE THAT THE EXPENSE OF ELECTIONS HELD TO 45 REORGANIZE A COUNTY HIGHWAY DISTRICT SHALL BE PAID BY THE COUNTY; AMENDING 46 SECTION 40-1805, IDAHO CODE, TO PROVIDE THAT AN ELECTION TO DISSOLVE A 47 HIGHWAY DISTRICT SHALL BE HELD ON A DATE AUTHORIZED IN SECTION 34-106, 48 IDAHO CODE; AMENDING SECTION 40-1806, IDAHO CODE, TO PROVIDE DUTIES OF THE 49 COUNTY CLERK AND THE COUNTY COMMISSIONERS IN ELECTIONS HELD TO DISSOLVE A 50 HIGHWAY DISTRICT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 51 40-1808, IDAHO CODE, TO PROVIDE THAT IN ELECTIONS TO DISSOLVE A HIGHWAY 52 DISTRICT THE COUNTY CLERK SHALL APPOINT ELECTION JUDGES AND CLERKS AND 53 THAT ELECTIONS SHALL BE CONDUCTED IN ACCORDANCE WITH TITLE 34, IDAHO CODE; 54 AMENDING SECTION 40-1809, IDAHO CODE, TO PROVIDE FOR COUNTING AND CANVASS- 55 ING VOTES IN ELECTIONS TO DISSOLVE A HIGHWAY DISTRICT; AMENDING SECTION 5 1 40-1810, IDAHO CODE, TO PROVIDE THAT EXPENSES OF ELECTIONS TO DISSOLVE A 2 HIGHWAY DISTRICT SHALL BE BORNE BY THE COUNTY; AMENDING SECTION 40-2204, 3 IDAHO CODE, TO PROVIDE DUTIES OF THE COUNTY CLERK IN ELECTIONS TO DETACH 4 TERRITORY FROM A HIGHWAY DISTRICT FOR THE PURPOSE OF CREATING A NEW HIGH- 5 WAY DISTRICT; AMENDING SECTION 42-3211, IDAHO CODE, TO PROVIDE DUTIES OF 6 THE COUNTY CLERK AND TO SPECIFY THE DATE OF ELECTION IN WATER AND SEWER 7 DISTRICT ELECTIONS; REPEALING SECTION 50-211, IDAHO CODE, RELATING TO 8 SUPERVISION OF MUNICIPAL ELECTIONS; AMENDING SECTION 50-402, IDAHO CODE, 9 TO REVISE THE DEFINITION OF "ELECTION OFFICIAL" IN MUNICIPAL LAW AND TO 10 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 50-403, IDAHO CODE, TO PRO- 11 VIDE DUTIES OF THE COUNTY CLERK REGARDING MUNICIPAL ELECTIONS; REPEALING 12 SECTIONS 50-404, 50-405, 50-406, 50-407, 50-408, 50-409, 50-410, 50-411 13 AND 50-412, IDAHO CODE, RELATING TO MUNICIPAL ELECTIONS AS CONDUCTED BY 14 THE CITY CLERK; AMENDING SECTION 50-414, IDAHO CODE, TO REDESIGNATE THE 15 SECTION; REPEALING SECTIONS 50-415, 50-427 AND 50-428, IDAHO CODE, RELAT- 16 ING TO MUNICIPAL ELECTIONS; AMENDING SECTION 50-429, IDAHO CODE, TO PRO- 17 VIDE AUTHORIZED DATES FOR MUNICIPAL ELECTIONS BEGINNING JANUARY 1, 2010, 18 TO PROVIDE THAT ELECTIONS SHALL BE CONDUCTED BY THE COUNTY CLERK IN ACCOR- 19 DANCE WITH TITLE 34, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES AND TO 20 REDESIGNATE THE SECTION; AMENDING SECTIONS 50-430 AND 50-431, IDAHO CODE, 21 TO REDESIGNATE THE SECTIONS; REPEALING SECTIONS 50-435, 50-436, 50-437, 22 50-438, 50-439, 50-440, 50-441, 50-442, 50-443, 50-445, 50-446, 50-447, 23 50-448, 50-449, 50-450, 50-451, 50-452, 50-453, 50-454, 50-455, 50-456, 24 50-457, 50-458, 50-459, 50-460, 50-461, 50-462, 50-463, 50-464, 50-465 AND 25 50-466, IDAHO CODE, RELATING TO MUNICIPAL ELECTIONS AS CONDUCTED BY THE 26 CITY CLERK; AMENDING SECTION 50-432, IDAHO CODE, TO PROVIDE CORRECT CODE 27 REFERENCES AND TO REDESIGNATE THE SECTION; AMENDING SECTION 50-467, IDAHO 28 CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO REDESIGNATE THE SECTION; 29 REPEALING SECTION 50-468, IDAHO CODE, RELATING TO TIE VOTES IN MUNICIPAL 30 ELECTIONS; AMENDING SECTIONS 50-469 AND 50-470, IDAHO CODE, TO REDESIGNATE 31 THE SECTIONS; AMENDING SECTION 50-471, IDAHO CODE, TO PROVIDE CORRECT TER- 32 MINOLOGY AND TO REDESIGNATE THE SECTION; AMENDING SECTION 50-472, IDAHO 33 CODE, TO DELETE AN EXCEPTION IN CONDUCTING MUNICIPAL RECALL ELECTIONS AND 34 TO REDESIGNATE THE SECTION; AMENDING SECTION 50-473, IDAHO CODE, TO DELETE 35 AN EXCEPTION IN CONDUCTING MUNICIPAL INITIATIVE AND REFERENDUM ELECTIONS 36 AND TO REDESIGNATE THE SECTION; REPEALING SECTION 50-474, IDAHO CODE, 37 RELATING TO VOTING BY MACHINE OR VOTE TALLY SYSTEM IN MUNICIPAL ELECTIONS; 38 AMENDING SECTION 50-475, IDAHO CODE, TO PROVIDE FOR APPLICATION OF ELEC- 39 TION LAW VIOLATIONS TO ALL MUNICIPAL ELECTIONS AND TO REDESIGNATE THE SEC- 40 TION; AMENDING SECTION 50-477, IDAHO CODE, TO REDESIGNATE THE SECTION; 41 AMENDING SECTION 50-612, IDAHO CODE, TO PROVIDE THAT RUNOFF MUNICIPAL 42 MAYORAL ELECTIONS SHALL BE CONDUCTED BY THE COUNTY CLERK AND TO PROVIDE 43 CORRECT CODE REFERENCES; AMENDING SECTION 50-707B, IDAHO CODE, TO PROVIDE 44 THAT RUNOFF MUNICIPAL COUNCIL SEAT ELECTIONS SHALL BE CONDUCTED BY THE 45 COUNTY CLERK AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 46 50-803, IDAHO CODE, TO SPECIFY AUTHORIZED DATES FOR HOLDING A MUNICIPAL 47 ELECTION TO ADOPT THE COUNCIL-MANAGER PLAN AND TO MAKE TECHNICAL CORREC- 48 TIONS; AMENDING SECTION 50-806, IDAHO CODE, TO PROVIDE THAT CERTAIN ELEC- 49 TIONS SHALL BE HELD AT THE SAME ELECTION AND TO PROVIDE PROCEDURE UPON 50 FAILURE OF A PROPOSITION; AMENDING SECTION 50-1026, IDAHO CODE, TO PROVIDE 51 THAT MUNICIPAL ELECTIONS TO AUTHORIZE ISSUANCE OF COUPON BONDS SHALL BE 52 CONDUCTED BY THE COUNTY CLERK ON AUTHORIZED DATES IN ACCORDANCE WITH TITLE 53 34, IDAHO CODE; AMENDING SECTION 50-1035, IDAHO CODE, TO PROVIDE DUTIES OF 54 THE COUNTY CLERK IN CERTAIN MUNICIPAL ELECTIONS AND TO MAKE TECHNICAL COR- 55 RECTIONS; AMENDING SECTION 50-2104, IDAHO CODE, TO PROVIDE THAT ELECTIONS 6 1 TO CONSOLIDATE CITIES SHALL BE HELD ON A DATE AUTHORIZED IN SECTION 2 34-106, IDAHO CODE; AMENDING SECTION 50-2105, IDAHO CODE, TO PROVIDE THAT 3 ELECTIONS TO CONSOLIDATE CITIES SHALL BE HELD ON A DATE AUTHORIZED IN SEC- 4 TION 34-106, IDAHO CODE, AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING 5 SECTION 50-2106, IDAHO CODE, TO PROVIDE FOR CERTIFICATION OF A MUNICIPAL 6 CONSOLIDATION ELECTION BY THE COUNTY CLERK; AMENDING SECTION 50-2107, 7 IDAHO CODE, TO PROVIDE THAT ELECTIONS OF OFFICERS IN A NEWLY CONSOLIDATED 8 CITY SHALL BE HELD ON A DATE AUTHORIZED IN SECTION 34-106, IDAHO CODE, AND 9 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 50-2114, IDAHO CODE, TO 10 PROVIDE THAT EXPENSES OF A MUNICIPAL CONSOLIDATION ELECTION SHALL BE PAID 11 BY THE COUNTY; AMENDING SECTION 50-2201, IDAHO CODE, TO PROVIDE THAT ELEC- 12 TIONS TO DISINCORPORATE A CITY SHALL BE CONDUCTED IN ACCORDANCE WITH TITLE 13 34, IDAHO CODE, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 14 50-2202, IDAHO CODE, TO PROVIDE THAT ELECTIONS TO DISINCORPORATE A CITY 15 SHALL BE CONDUCTED BY THE COUNTY CLERK IN ACCORDANCE WITH CHAPTER 14, 16 TITLE 34, IDAHO CODE, AND SHALL BE HELD ON A DATE AUTHORIZED IN SECTION 17 34-106, IDAHO CODE; AMENDING SECTION 50-2203, IDAHO CODE, TO PROVIDE FOR 18 CANVASS OF VOTES IN ELECTIONS TO DISINCORPORATE A CITY; AMENDING SECTION 19 50-2204, IDAHO CODE, TO PROVIDE A DUTY OF THE COUNTY BOARD OF COMMISSION- 20 ERS IN AN ELECTION TO DISINCORPORATE A CITY; AMENDING SECTION 50-2302, 21 IDAHO CODE, TO PROVIDE THAT AN ELECTION TO ORGANIZE A CITY SHALL BE HELD 22 ON A DATE AUTHORIZED IN SECTION 34-106, IDAHO CODE, AND TO MAKE TECHNICAL 23 CORRECTIONS; AMENDING SECTION 50-2303, IDAHO CODE, TO PROVIDE DUTIES OF 24 THE COUNTY CLERK IN AN ELECTION TO ORGANIZE A CITY AND TO MAKE TECHNICAL 25 CORRECTIONS; AMENDING SECTION 50-2308, IDAHO CODE, TO PROVIDE A CORRECT 26 CODE REFERENCE, TO MAKE TECHNICAL CORRECTIONS AND TO DELETE OBSOLETE LAN- 27 GUAGE; AMENDING SECTIONS 63-316 AND 63-802, IDAHO CODE, TO PROVIDE CORRECT 28 CODE REFERENCES; AMENDING SECTION 63-802C, IDAHO CODE, TO PROVIDE THAT 29 ELECTIONS TO CREATE A NEW TAXING DISTRICT SHALL BE HELD ON A DATE AUTHOR- 30 IZED IN SECTION 34-106, IDAHO CODE; AMENDING SECTION 63-1309, IDAHO CODE, 31 TO PROVIDE THAT THE INTERVAL BETWEEN CERTAIN TYPES OF ELECTIONS IN WHICH 32 THE QUESTION FIRST FAILED AND A SUBSEQUENT ELECTION ON THE SAME OR SIMILAR 33 QUESTION SHALL BE FIVE MONTHS INSTEAD OF SIX MONTHS, TO PROVIDE THAT THE 34 DATE OF SUCH ELECTIONS SHALL BE HELD ON A DATE AUTHORIZED IN SECTION 35 34-106, IDAHO CODE, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 36 63-3638, IDAHO CODE, TO PROVIDE FOR A DISTRIBUTION TO COUNTIES FROM SALES 37 TAX REVENUES TO DEFRAY EXPENSES OF COUNTIES IN CONDUCTING ELECTIONS AND TO 38 PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 63-3641, IDAHO CODE, TO 39 PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 63-4103, IDAHO CODE, TO 40 PROVIDE DUTIES OF THE COUNTY COMMISSIONERS AND THE COUNTY CLERK IN ELEC- 41 TIONS TO DISSOLVE A SPECIAL DISTRICT AND TO DELETE CODE REFERENCES; AMEND- 42 ING SECTION 67-4907, IDAHO CODE, TO PROVIDE DUTIES OF THE COUNTY CLERK AND 43 THE COUNTY BOARD OF CANVASSERS IN AUDITORIUM DISTRICT ELECTIONS; AMENDING 44 SECTION 67-4922, IDAHO CODE, TO PROVIDE THAT ELECTIONS OF AUDITORIUM DIS- 45 TRICTS SHALL BE CONDUCTED BY THE COUNTY CLERK IN ACCORDANCE WITH THE PRO- 46 VISIONS OF TITLE 34, IDAHO CODE, TO PROVIDE DUTIES OF THE COUNTY CLERK AND 47 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-4923, IDAHO CODE, TO 48 PROVIDE THAT NOTICE OF AN AUDITORIUM DISTRICT ELECTION TO AUTHORIZE A LEVY 49 SHALL BE CONDUCTED AS PRESCRIBED IN CHAPTER 14, TITLE 34, IDAHO CODE, AND 50 TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 67-4924, IDAHO CODE, TO 51 PROVIDE FOR CONDUCTING THE ELECTION AND CANVASSING THE RETURNS OF AN AUDI- 52 TORIUM DISTRICT ELECTION TO AUTHORIZE A LEVY; AMENDING SECTION 67-4929, 53 IDAHO CODE, TO PROVIDE THAT ELECTIONS TO INCLUDE OR EXCLUDE PROPERTY 54 WITHIN AN AUDITORIUM DISTRICT SHALL BE CONDUCTED BY THE COUNTY CLERK IN 55 ACCORDANCE WITH TITLE 34, IDAHO CODE, TO PROVIDE FOR CANVASS OF VOTES AND 7 1 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-4930, IDAHO CODE, TO 2 PROVIDE THAT ELECTIONS TO DISSOLVE AN AUDITORIUM DISTRICT SHALL BE CON- 3 DUCTED BY THE COUNTY CLERK IN ACCORDANCE WITH TITLE 34, IDAHO CODE, TO 4 PROVIDE FOR CANVASS OF VOTES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 5 SECTION 70-1210, IDAHO CODE, TO PROVIDE THAT ELECTIONS OF PORT DISTRICTS 6 SHALL BE CONDUCTED BY THE COUNTY CLERK AND TO DELETE OBSOLETE PROVISIONS; 7 AMENDING SECTION 70-1215, IDAHO CODE, TO PROVIDE THAT ELECTIONS OF PORT 8 DISTRICTS SHALL BE CONDUCTED BY THE COUNTY CLERK; AMENDING SECTION 9 70-1217, IDAHO CODE, TO PROVIDE DUTIES OF THE COUNTY COMMISSIONERS AND THE 10 COUNTY CLERK IN ELECTIONS OF PORT DISTRICTS; AMENDING SECTION 70-1219, 11 IDAHO CODE, TO PROVIDE FOR CANVASS OF VOTES IN ELECTIONS OF PORT DIS- 12 TRICTS; AMENDING SECTION 70-1220, IDAHO CODE, TO PROVIDE FOR PAYMENT OF 13 EXPENSES IN PORT DISTRICT ELECTIONS; AND PROVIDING EFFECTIVE DATES. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 21-805, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 21-805. REGIONAL AIRPORT AUTHORITY -- ESTABLISHMENT BY ELECTION. A 18 regional airport authority may be established by the vote of the electors of 19 such region, voting at an election called and held as provided in chapter 14, 20 title 34, Idaho Code, with special provisions as provided in this chapter: 21 (a) A petition signed by not less than five percent (5%) of the electors 22 from each voting precinct county in the region, describing the degree of per- 23 centage of financial participation of each such county in the district and the 24 proposed location of the regional airport, and praying for the organization of 25 the region as a regional airport authority, together with a true copy thereof, 26 shall be filed with the Idaho transportation department. Prior to filing such 27 petition each clerk of the board of county commissioners of the counties in 28 the region shall verify the validity of the signatures within the county. 29 (b) Upon approval of the petition, the Idaho transportation department 30 shall advise the boards of county commissioners of the counties in the region 31 of the date of the election, and each such board shall enter an order that an 32 election be held for the purpose of voting on the question of the creation of 33 such regional airport authority. Notice of election must be posted, notice 34 shall be published, the election shall be conducted and the returns thereof 35 canvassed as required in chapter 14, title 34, Idaho Code. Provided, however, 36 as a condition of voting in such election, an elector shall meet the qualifi- 37 cations prescribed in section 34-402, Idaho Code, and in addition shall be a 38 resident of the proposed regional airport authority. The ballot shall contain 39 the words "Regional Airport Authority--Yes" and "Regional Airport Authority-- 40 No," each followed by a box in which the voter may express his choice by mark- 41 ing a cross "X." Theboard ofcountycommissionersclerk of each county shall 42 conduct such election and the county board of canvassers shall canvass the 43 returns thereof as though it were the only county in which such election were 44 being held. The returns of the election so canvassed shall be certified 45 promptly to the Idaho transportation department and if a majority of all of 46 the votes cast in three (3) or more contiguous counties be in the affirmative, 47 then the Idaho transportation department shall enter an order declaring such 48 regional airport authority established within the limits of those counties 49 that did vote in the affirmative, and shall certify such fact to the board of 50 county commissioners of each county in the region in which an affirmative vote 51 was cast. Counties which voted in the negative shall be excluded from the 52 regional airport authority and shall be so notified by the Idaho transporta- 8 1 tion department. The cost of providing such election shall be paid by the 2 respective boards of county commissioners, fromanyfunds available to such 3 county. Provided, however, if the interim board of trustees is convinced that 4 it would be impracticable for the three (3) contiguous counties to establish a 5 regional airport authority, and so certifies to the Idaho transportation 6 department and the board of county commissioners of those counties that did 7 vote in the affirmative, the election shall be null and void and the authority 8 shall not be created. 9 SECTION 2. That Section 21-806, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 21-806. ELECTION OF BOARD OF TRUSTEES. At the next succeeding primary 12 election following the creation of any such regional airport authority, the 13 electors of each of the legislative districts within the participating coun- 14 ties within such region shall elect, on a nonpartisan basis, a member of the 15 authority's permanent board of trustees, hereinafter referred to as the board, 16 except that in the northern and north central regions, one (1) additional 17 board member shall be elected from each such region at large. At the first 18 such election, members elected from even-numbered legislative districts, 19 together with the member elected at large from the northern region and the 20 member elected at large from the north central region, shall be elected for 21 four (4) year terms of office, and members elected from odd-numbered legisla- 22 tive districts shall be elected for two (2) year terms of office. Thereafter 23 all such members shall be elected for four (4) year terms of office, and shall 24 serve until their successors are elected and qualified. The term of office of 25 members so elected shall commence on December 1 of the year in which they were 26 elected. 27 Notice of the election and the conduct thereof shall be as prescribed in 28 chapter 14, title 34, Idaho Code. As a condition of voting, an elector shall 29 meet the qualifications prescribed in section 34-402, Idaho Code, and in addi- 30 tion shall be a resident of the regional airport authority. 31 In any election for member of the board, if after the deadline for filing 32 a declaration of intent as a write-in candidate, it appears that only one (1) 33 qualified candidate has been nominated for that office, it shall not be neces- 34 sary for the candidate to stand for election and the board shall declare such 35 candidate elected as a member of the board and the secretary of the district 36 shall immediately make and deliver to such person a certificate of election. 37 The person receiving the largest number of votes shall be declared 38 elected. If it be necessary to resolve a tie between two (2) or more persons, 39 the interim board or the permanent board, as the case may be, shall determine 40 by lot which thereof shall be declared elected. The clerk of the board shall 41 promptly notify any person by mail of his election, enclosing a form of oath 42 to be subscribed by him as herein provided. 43When eElections held pursuant to this section shall coincide with other 44 elections held by the state of Idaho or any subdivision thereof, or any munic- 45 ipality or school district,the board of trustees may make agreement with the46body holding such election for joint boards of election and the payment of47fees and expenses of such boards of election on such proportionate basis as48may be agreed uponsubject to the provisions of sections 34-106 and 34-1401, 49 Idaho Code. 50 Elections of board members shall, after the first such election, be held 51 every other year in even-numbered years, and shall be held on such uniform day 52 consistent with the provisions of section 34-106, Idaho Code, as the board 53 shall determine. Vacancies on the board shall be filled by appointment of 9 1 remaining members, for the expiration of such term of office. The board mem- 2 bers shall take and subscribe the oath of office required in the case of state 3 officers and said oath shall be filed with the secretary of state. Members 4 shall be reimbursed for actual and necessary expenses incurred in the perfor- 5 mance of their official duties. 6 SECTION 3. That Section 22-2719, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 22-2719. CREATION OF SOIL CONSERVATION DISTRICTS. A. Any twenty-five (25) 9 owners of land lying within the limits of the territory proposed to be orga- 10 nized into a district may file a petition with the state soil conservation 11 commission asking that a soil conservation district be organized to function 12 in the territory described in the petition. Such petition shall set forth: 13 (1) The proposed name of said district; 14 (2) That there is need, in the interest of the public health, safety, and 15 welfare, for a soil conservation district to function in the territory 16 described in the petition; 17 (3) A description of the territory proposed to be organized as a dis- 18 trict, which description shall not be required to be given by metes and 19 bounds or by legal subdivisions, but shall be deemed sufficient if gener- 20 ally accurate; 21 (4) A request that the state soil conservation commission duly define the 22 boundaries for such district; that a referendum be held within the terri- 23 tory so defined on the question of the creation of a soil conservation 24 district in such territory; and that the commission determine that such a 25 district be created. 26 Where more than one (1) petition is filed covering parts of the same terri- 27 tory, the state soil conservation commission may consolidate all of any such 28 petitions. 29 B. Within thirty (30) days after such petition has been filed with the 30 state soil conservation commission, it shall cause due notice to be given of a 31 proposed hearing upon the question of the desirability and necessity, in the 32 interest of the public health, safety, and welfare, of the creation of such 33 district, upon the question of the appropriate boundaries to be assigned to 34 such district, upon the propriety of the petition and other proceedings taken 35 under this chapter, and upon all questions relevant to such inquiries. All 36 owners of land within the limits of the territory described in the petition, 37 and of lands within any territory considered for addition to such described 38 territory, and all other interested parties, shall have the right to attend 39 such hearings and to be heard. If it shall appear upon the hearing that it may 40 be desirable to include within the proposed district territory outside of the 41 area within which due notice of the hearing has been given the hearing shall 42 be adjourned and the due notice of further hearing shall be given throughout 43 the entire area considered for inclusion in the district, and such further 44 hearing held. After such hearing, if the commission shall determine upon the 45 facts presented at such hearing and upon such other relevant facts and infor- 46 mation as may be available, that there is need in the interest of the public 47 health, safety and welfare, for a soil conservation district to function in 48 the territory considered at the hearing, it shall make and record such deter- 49 mination, and shall define by metes and bounds or by legal subdivisions, the 50 boundaries of such district. In making such determination and in defining such 51 boundaries, the commission shall give due weight and consideration to the 52 topography of the area considered and of the state, the composition of soils 53 therein, the distribution of erosion, the prevailing land use practices, the 10 1 desirability and necessity of including within the boundaries the particular 2 lands under consideration and the benefits such lands may receive from being 3 included within such boundaries, the relation of the proposed area to the 4 existing watersheds and agricultural regions, and to other soil conservation 5 districts already organized or proposed for organization under the provisions 6 of this chapter, and such other physical, geographical, and economic factors 7 as are relevant, having due regard to the legislature determinations set forth 8 in section 22-2716, Idaho Code. The territory to be included within such 9 boundaries need not be contiguous. If the commission shall determine after 10 such hearing, after due consideration of the said relevant facts, that there 11 is no need for a soil conservation district to function in the territory con- 12 sidered at the hearing, it shall make and record such determination and shall 13 deny the petition. After six (6) months shall have expired from the date of 14 the denial of such petition, subsequent petitions covering the same or sub- 15 stantially the same territory may be filed as aforesaid and new hearings held 16 and determinations made thereon. 17 C. After the commission has made and recorded a determination that there 18 is need, in the interest of the public health, safety, and welfare, for the 19 organization of a district in a particular territory and has defined the 20 boundaries thereof, it shall consider the question whether the operation of a 21 district within such boundaries with the powers conferred upon soil conserva- 22 tion districts in this chapter is administratively practicable and feasible. 23 To assist the commission in the determination of such administrative practica- 24 bility and feasibility, it shall be the duty of the commission, at the next 25 election held after entry of the finding that there is need for the organiza- 26 tion of the proposed district and the determination of the boundaries thereof, 27 to hold a referendum, subject to the provisions of section 34-106, Idaho Code, 28 within the proposed district upon the proposition of the creation of the dis- 29 trict, and to cause notice of such election to be given as provided in section 30 34-1406, Idaho Code. The question shall be submitted by ballots upon which the 31 words "For creation of a soil conservation district of the lands below 32 described and lying in the county(ies) of .... and ...." and "Against creation 33 of a soil conservation district of the lands below described and lying in the 34 county(ies) of .... and ...." shall appear, with a square before each proposi- 35 tion and a direction to insert an X mark in the square before one or the other 36 of said propositions as the voter may favor or oppose creation of such dis- 37 trict. The ballot shall set forth the boundaries of such proposed district as 38 determined by the commission. All qualified electors who own lands or reside 39 within the proposed district shall be eligible to vote in said referendum. 40 D. Thecommissioncounty that conducted the election shall pay all 41 expenses for the issuance of such notice and the conduct of such hearings and 42 election, and shall supervise the conduct of such hearings and election. It 43 shall issue appropriate regulations governing the conduct of such hearings and 44 election. No informalities in the conduct of the election or in any matter 45 relating thereto shall invalidate the election or the result thereof if notice 46 thereof shall have been given substantially as herein provided and the elec- 47 tion shall have been fairly conducted. 48 E. The commission shall publish the result of the election and shall 49 thereafter consider and determine whether the operation of the district within 50 the defined boundaries is administratively practicable and feasible. If the 51 commission shall determine that the operation of such district is not adminis- 52 tratively practicable and feasible, it shall record such determination and 53 deny the petition. If the commission shall determine that the operation of 54 such district is administratively practicable and feasible, it shall record 55 such determination and shall proceed with the organization of the district in 11 1 the manner hereinafter provided. In making such determination the commission 2 shall give due regard and weight to the attitudes of the owners of lands lying 3 within the defined boundaries, the number of landowners and qualified electors 4 eligible to vote in the election who shall have voted, the proportion of the 5 votes cast in the election in favor of the creation of the district to the 6 total number of votes cast, the approximate wealth and income of the landown- 7 ers of the proposed district, the probable expense of carrying on erosion con- 8 trol and other conservation operations within such district, and such other 9 economic and social factors as may be relevant to such determination, having 10 due regard to the legislative determination set forth in section 22-2716, 11 Idaho Code; provided, however, that the commission shall not have authority to 12 determine that the operation of the proposed district within the defined 13 boundaries is administratively practicable and feasible unless at least a 14 majority of the votes cast in the election upon the proposition of creation 15 of the district shall have been cast in favor of the creation of such dis- 16 trict. 17 F. If the commission shall determine that the operation of the proposed 18 district within the defined boundaries is administratively practicable and 19 feasible, it shall appoint two (2) supervisors to act, with the three (3) 20 supervisors elected as provided hereinafter, as the governing body of the dis- 21 trict. Such district shall be a governmental subdivision of this state and a 22 public body corporate and politic, upon the taking of the following proceed- 23 ings: 24 The two (2) appointed supervisors shall present to the secretary of state 25 an application signed by them which shall set forth (and such application need 26 contain no detail other than the mere recitals): (1) that a petition for the 27 creation of the district was filed with the state conservation commission pur- 28 suant to the provisions of this chapter, and that the proceedings specified in 29 this chapter were taken pursuant to such petition; that the application is 30 being filed in order to complete the organization of the district as a govern- 31 mental subdivision and a public body, corporate and politic, under this chap- 32 ter; and that the commission has appointed them as supervisors; (2) the name 33 and official residence of each of the supervisors, together with a certified 34 copy of the appointments evidencing their right to office; (3) the term of 35 office of each of the supervisors; (4) the name which is proposed for the dis- 36 trict; and (5) the location of the principal office of the supervisors of the 37 district. The application shall be subscribed and sworn to by each of the said 38 supervisors before an officer authorized by the laws of this state to take and 39 certify oaths, who shall certify upon the application that he personally knows 40 the supervisors and knows them to be the officers as affirmed in the applica- 41 tion, and that each has subscribed thereto in the officer's presence. 42 The application shall be accompanied by a statement by the state soil con- 43 servation commission, which shall certify (and such statement need contain no 44 detail other than the mere recitals) that a petition was filed, notice issued, 45 and hearing held as aforesaid; that the commission did duly determine that 46 there is need, in the interest of the public health, safety and welfare, for a 47 soil conservation district to function in the proposed territory and did 48 define the boundaries thereof; that notice was given and an election held on 49 the question of the creation of such district, and that the result of the 50 election showed a sixty per cent (60%) majority of the votes cast in the elec- 51 tion to be in favor of the creation of the district; that thereafter the com- 52 mission did duly determine that the operation of the proposed district is 53 administratively practicable and feasible. The said statement shall set forth 54 the boundaries of the district as they have been defined by the commission. 55 The secretary of state shall examine the application and statement and, if 12 1 he finds that the name proposed for the district is not identical with that of 2 any other soil conservation district of this state or so nearly similar as to 3 lead to confusion or uncertainty, he shall receive and file them and shall 4 record them in an appropriate book of record in his office. 5 If the secretary of state shall find that the name proposed for the dis- 6 trict is identical with that of any other soil conservation district of this 7 state, or so nearly similar as to lead to confusion and uncertainty, he shall 8 certify such fact to the state soil conservation commission which shall there- 9 upon submit to the secretary of state a new name for the said district, which 10 shall not be subject to such defects. Upon receipt of such new name free of 11 such defects, the secretary of state shall record the application and state- 12 ment with the name so modified, in an appropriate book of record in his 13 office. When the application and statement have been made, filed, and 14 recorded, as herein provided, the district shall constitute a governmental 15 subdivision of this state and a public body corporate and politic. The secre- 16 tary of state shall make and issue to the said supervisors a certificate under 17 the seal of the state, of the due organization of the said district, and 18 shall record such certificate with the application and statement. The bound- 19 aries of such district shall include the territory as determined by the state 20 soil conservation commission as aforesaid, but in no event shall they include 21 any area included within the boundaries of another soil conservation district 22 organized under the provisions of this act except as provided in section 23 22-2720, Idaho Code. 24 G. After six (6) months shall have expired from the date of entry of a 25 determination by the state soil conservation commission that operation of a 26 proposed district is not administratively practicable and feasible, and denial 27 of a petition pursuant to such determination, subsequent petitions may be 28 filed as aforesaid, and action taken thereon in accordance with the provisions 29 of this chapter. 30 H. Petitions for including additional territory within an existing dis- 31 trict may be filed with the state soil conservation commission and the pro- 32 ceedings herein provided for in the case of petitions to organize a district 33 shall be observed in the case of petitions for such inclusion. The commission 34 shall prescribe the form for such petitions, which shall be as nearly as may 35 be in the form prescribed in this chapter for petitions to organize a dis- 36 trict. Where the total number of landowners in the area proposed for inclusion 37 shall be less than twenty-five (25), the petition may be filed when signed by 38 a two-thirds (2/3) majority of the owners of such area, and in such case no 39 election need be held. In elections upon petitions for such inclusion, all 40 owners of land and qualified electors lying within the proposed additional 41 area shall be eligible to vote. 42 I. Incorporated cities, not already included within a district, may be 43 included by presentation of a request of the district approved by the govern- 44 ing body along with a request of the city approved by the mayor and council, 45 to the state soil conservation commission. The commission shall consider and 46 act on such joint request at the earliest convenience. If the joint request is 47 denied, the commission shall so notify the district and city in writing and 48 state the reasons for such denial. After six (6) months shall have expired 49 from the date of denial of such joint request, a subsequent joint request may 50 again be made. If the joint request is approved, the commission shall then 51 cause the necessary papers to be filed with the secretary of state. This shall 52 include an amended legal description of the boundaries of the total district. 53 SECTION 4. That Section 22-2721, Idaho Code, be, and the same is hereby 54 amended to read as follows: 13 1 22-2721. ELECTION, APPOINTMENT, QUALIFICATIONS AND TENURE OF SUPERVISORS. 2 The governing body of the district shall consist of five (5) supervisors, 3 elected or appointed as provided in this chapter. Elections shall be conducted 4 pursuant to the provisions of this section and the uniform district election 5 law, chapter 14, title 34, Idaho Code. If at any time the supervisors of a 6 district deem it necessary, they may request permission from the state soil 7 conservation commission to increase the number of supervisors to seven (7). 8 Upon receipt of such a request in writing, signed by all five (5) supervisors, 9 stating a valid reason for such need, the commission shall grant permission. 10 The additional supervisors shall then be appointed as outlined in subparagraph 11 C. of this section until such time as regular district elections for two (2) 12 supervisors in each district. At that time those districts having seven (7) 13 supervisors shall then elect four (4) supervisors for four (4) year terms. The 14 two (2) supervisors appointed by the commission shall be persons who are by 15 training and experience qualified to perform the specialized services which 16 will be required of them in the performance of their duties. All supervisors 17 shall be landowners or farmers of the district where they are elected or 18 appointed. 19 A. Within thirty (30) days after the date of issuance by the secretary of 20 state of a certificate of organization of a soil conservation district, nomi- 21 nating petitions may be filed with the state soil conservation commission to 22 nominate candidates for supervisors of each district.The soil conservation23commission, unless it has contracted with tThe county clerktoshall conduct 24 the election, shall designate an individual to act asfor the district and 25 shall be the election official for the district.If contracted to do so, the26county clerk shall act as the election official.The election official shall 27 have authority to extend the time within which nominating petitions may be 28 filed. No such nominating petition shall be accepted by the election official 29 unless it shall be subscribed by not less than five (5) persons who are quali- 30 fied electors owning land or residing within the boundaries of the district. 31 The election official shall give due notice of an election to be held, subject 32 to the provisions of section 34-106, Idaho Code, for the election of three (3) 33 supervisors for the district. The names of all nominees on behalf of whom such 34 nominating petitions have been filed within the time herein designated, shall 35 appear arranged in the alphabetical order of the surnames, upon ballots, with 36 a square before each name and directions to insert a mark in the square before 37 any three (3) names to indicate the voter's preference. The three (3) candi- 38 dates who shall receive the largest number, respectively, of the votes cast in 39 such election shall be the elected supervisors for such district. Thecommis-40sioncounty that conducted the election shall pay all the expenses of such 41 election, which shall be supervised and conducted by the election official. 42 B. All elections in districts, excluding the first election as provided43in subparagraph A. of this section,shall be conducted bythe district super-44visors of the districts involved who shall designate an individual to be the45election official, orthe county clerk.if contracted for that purpose.Such 46 election shall be held on the first Tuesday succeeding the first Monday of 47 November in each even-numbered year. Such elections shall be in compliance 48 with the provisions of chapter 14, title 34, Idaho Code, and shall be super- 49 vised and conducted by theelection officialcounty clerk. The cost of con- 50 ducting such elections shall be borne by thedistrict involvedcounty that 51 conducted the election. Theelection officialcounty clerk shall certify to 52 the state soil conservation commission the names of the elected supervisors. 53 The state soil conservation commission shall issue certificates of election to 54 each elected supervisor so certified.The state soil conservation commission55may authorize each district to contract with tThe county clerk or county 14 1 clerks of the county or counties in which the district is locatedtoshall 2 conduct the election for the soil conservation district. If a district elec-3tion is conducted by a county clerk, and the county clerk must provide a bal- 4 lot for the district election, and must provide a process that allows only 5 qualified electors of the district to vote in that district's election. 6 In any election for supervisor, if after the deadline for filing a decla- 7 ration of intent as a write-in candidate, it appears that the number of quali- 8 fied candidates who have been nominated is equal to the number of supervisors 9 to be elected, it shall not be necessary for the candidates to stand for elec- 10 tion, and the board of supervisors shall declare such candidates elected as 11 supervisors, and the state soil conservation commission shall immediately make 12 and deliver to such persons certificates of election. 13 C. In any election for supervisors of a soil conservation district, if 14 after the expiration of the date for filing written nominations it appears 15 that only one (1) qualified candidate has been nominated for each position to 16 be filled and no declaration of intent has been filed by a write-in candidate 17 as provided in subparagraph D. of this section, it shall not be necessary to 18 hold an election, and theelection officialcounty clerk shall, no later than 19 seven (7) days before the scheduled date of the election, declare such candi- 20 date elected as supervisor, and the state soil conservation commission shall 21 immediately make and deliver to such person a certificate of election. 22 D. No write-in vote for supervisor shall be counted unless a declaration 23 of intent has been filed with theelection officialcounty clerk indicating 24 that the person making the declaration desires the office and is legally qual- 25 ified to assume the duties of supervisor if elected as a write-in candidate. 26 The declaration of intent shall be filed not later than twenty-five (25) days 27 before the day of election. 28 E. The supervisors shall designate a chairman and may, from time to time, 29 change such designation. The term of office of each supervisor shall be four 30 (4) years commencing on the first day of January next following election, 31 except that the two (2) supervisors who are first appointed shall be desig- 32 nated to serve for terms of two (2) years. A supervisor shall hold office 33 until a qualified successor has been elected or appointed. Vacancies shall be 34 filled for the unexpired term. The selection of successors to fill an unex- 35 pired term, or for a full term shall be made by a vote of the majority of the 36 supervisors duly qualified and acting at the time the vacancy shall arise and 37 the supervisors shall certify the name of the appointed supervisor to the 38 state soil conservation commission who shall issue a certificate of such 39 appointment. 40 F. A majority of the supervisors shall constitute a quorum and the con- 41 currence of a majority in any matter within their duties shall be required for 42 its determination. A supervisor shall be entitled to expenses, including 43 travel expense, necessarily incurred in the discharge of duties. A supervisor 44 shall receive no compensation for services from regular district funds, county 45 funds authorized in section 22-2726, Idaho Code, or state funds authorized in 46 section 22-2727, Idaho Code. 47 In the event the district has a special project, approved by the state 48 soil conservation commission, making project funds available from federal or 49 other sources, a supervisor may receive compensation not to exceed thirty-five 50 dollars ($35.00) per day plus actual and necessary expenses from project funds 51 for services directly related to the project. 52 The supervisors may employ a secretary, technical experts, and such other 53 officers, agents, and employees, permanent and temporary as they may require, 54 and shall determine their qualifications, duties and compensation. The super- 55 visors may call upon the attorney general of the state for such legal services 15 1 as they may require or may employ their own counsel and legal staff. The 2 supervisors may delegate to their chairman, to one (1) or more supervisors, or 3 to one (1) or more agents, or employees, such powers and duties as they may 4 deem proper. The supervisors shall furnish to the state soil conservation com- 5 mission, upon request, copies of such ordinances, rules, orders, contracts, 6 forms and other documents as they shall adopt or employ, and such other infor- 7 mation concerning their activities as it may require in the performance of its 8 duties under this chapter. 9 The supervisors shall provide for the execution of surety bonds for all 10 employees and officers who shall be entrusted with funds or property; they 11 shall provide for the keeping of a full and accurate record of all proceedings 12 and of all resolutions, and orders issued or adopted; and shall provide for an 13 annual audit of the accounts of receipts and disbursements. Any supervisor may 14 be removed by the state soil conservation commission upon notice and hearing, 15 for neglect of duty or malfeasance in office, but for no other reason. 16 The supervisors may invite the legislative body of a municipality or 17 county located near the territory comprised within the district to designate a 18 representative to advise and consult with the supervisors of the district on 19 all questions of program and policy which may affect the property, water sup- 20 ply, or other interests of such municipality or county. 21 SECTION 5. That Section 22-2725, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 22-2725. DISCONTINUANCE OF DISTRICTS. At any time after five (5) years 24 after the organization of a district under the provisions of this chapter, any 25 twenty-five (25) owners of land lying within the boundaries of such district 26 may file a petition with the state soil conservation commission praying that 27 the operations of the district be terminated and the existence of the district 28 discontinued. The commission may conduct such public meetings, and public 29 hearings upon such petition as may be necessary to assist it in the consider- 30 ation thereof. Within sixty (60) days after such petition has been received by 31 the commission it shall give due notice of the holding of an election, subject 32 to the provisions of section 34-106, Idaho Code, and the county clerk shall 33 supervise the election, and issue appropriate regulations governing such elec- 34 tion as are consistent with chapter 14, title 34, Idaho Code, the question to 35 be submitted by ballots upon which the words "For terminating the existence of 36 the .... (name of the soil conservation district to be here inserted)" shall 37 appear, with a square before each proposition and a direction to insert an X 38 mark in the square before one or the other of said propositions as the voter 39 may favor or oppose discontinuance of such district. All qualified electors 40 who own land or reside within the proposed district shall be eligible to vote 41 in said election. No informalities in the conduct of the election or in any 42 matters relating thereto shall invalidate the election or the result thereof 43 if notice thereof shall have been given substantially as herein provided and 44 the election shall have been fairly conducted. 45 The commission shall publish the result of the election and shall thereaf- 46 ter consider and determine whether the continued operation of the district 47 within the defined boundaries is administratively practicable and feasible. If 48 the commission shall determine that the continued operation of such district 49 is administratively practicable and feasible, it shall record such determina- 50 tion and deny this petition. If the commission shall determine that the con- 51 tinued operation of such district is not administratively practicable and fea- 52 sible, it shall record such determination and shall certify such determination 53 to the supervisors of the district. In making such determination the commis- 16 1 sion shall give due regard and weight to the attitudes of the owners of lands 2 lying within the district, the number of landowners eligible to vote in the 3 election who shall have voted, the proportion of the votes cast in the elec- 4 tion in favor of the discontinuance of the district to the total number of 5 votes cast, the approximate wealth and income of the landowners of the dis- 6 trict, the probable expense of carrying on such erosion-control operations 7 within such district, and such other economic and social factors as may be 8 relevant to such determination, having due regard to the legislative findings 9 set forth in section 22-2716, Idaho Code, provided, however, that the commis- 10 sion shall not have authority to determine that the continued operation of the 11 district is administratively practicable and feasible unless at least a major- 12 ity of the votes cast in the election shall have been cast in favor of the 13 continuance of such district. 14 Upon receipt from the state soil conservation commission of a certificate 15 that the commission has determined that the continued operation of the dis- 16 trict is not administratively practicable and feasible, pursuant to the provi- 17 sions of this section, the supervisors shall forthwith proceed to terminate 18 the affairs of the district. The supervisors shall dispose of all property 19 belonging to the district at public auction and shall pay over the proceeds of 20 such sale to be covered into the state treasury. The supervisors shall there- 21 upon file an application duly verified, with the secretary of state for the 22 discontinuance of such district, and shall transmit with such application the 23 certificate of the state soil conservation commission setting forth the deter- 24 mination of the commission that the continued operation of such district is 25 not administratively practicable and feasible. The application shall recite 26 that the property of the district has been disposed of and the proceeds paid 27 over as in this section provided, and shall set forth a full accounting of 28 such properties and proceeds of the sale. The secretary of state shall issue 29 to the supervisors a certificate of dissolution and shall record such certifi- 30 cate in an appropriate book of record in his office. 31 Upon issuance of a certificate of dissolution under the provisions of this 32 section, all contracts theretofore entered into, to which the district or 33 supervisors are parties, shall remain in force and effect for the period pro- 34 vided in such contracts. The state soil conservation commission shall be sub- 35 stituted for the district or supervisors as party to such contracts. 36 The state soil conservation commission shall not entertain petitions for 37 the discontinuance of any district nor conduct elections upon such petitions 38 nor make determinations pursuant to such petitions in accordance with the pro- 39 visions of this chapter, more often than once in five (5) years. 40 SECTION 6. That Section 22-4301, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 22-4301. ESTABLISHMENT -- PETITION -- ELECTION. (1) The county commis- 43 sioners of any county shall, upon petition signed by not less than fifty (50) 44 resident real property holders of said county, or any portion thereof, which 45 may exclude incorporated cities, undertake the following procedure to deter- 46 mine the advisability of resolving to establish and maintain a weather modifi- 47 cation district within the county as may be designated in the petition. 48 (a) A petition to form a weather modification district shall be presented 49 to the county clerk and recorder. The petition shall be signed by not less 50 than fifty (50) of the resident real property holders within the proposed 51 district. The petition shall designate the boundaries of the district. 52 (b) The petition shall be filed with the county clerk and recorder of the 53 county in which the signers of the petition are located. Upon the filing 17 1 of the petition the county clerk shall examine the petition and certify 2 whether the required number of petitioners have signed the petition. If 3 the number of petition signers is sufficient, the clerk shall transmit the 4 petition to the board of county commissioners. 5 (c) Upon receipt of a duly certified petition the board of county commis- 6 sioners shall give notice of an election to be held, subject to the provi- 7 sions of section 34-106, Idaho Code, in such proposed district for the 8 purpose of determining whether or not the proposed district shall be orga- 9 nized and to elect the first board of trustees for the district. Such 10 notice shall include the date and hours of the election, the polling 11 places, the maximum percent of market value for assessment purposes of 12 taxable property within the district which the proposed district will be 13 permitted to levy, the general purposes of the proposed district, a 14 description of lands to be included in the proposed district, a statement 15 that a map of the proposed district is available in the office of the 16 board of county commissioners, and the names and terms of the members to 17 be elected to the first board of trustees. The notice shall be published 18 once each week for three (3) consecutive weeks prior to such election, in 19 a newspaper of general circulation within the county. 20 (d) The election shall be held and conducted consistent with the provi- 21 sions of chapter 14, title 34, Idaho Code. Theboard ofcountycommis-22sionersclerk shall appoint three (3) judges of election, one (1) of whom 23 shall act as clerk for the election. At such election the electors shall 24 vote for or against the organization of the district, and the members of 25 the first board of trustees. 26 (e) The judges of election shall certify the returns of the election to 27 the board of county commissioners. If a majority of the votes cast at said 28 election are in favor of the organization, the board of county commission- 29 ers shall declare the district organized and give it a name by which, in 30 all proceedings, it shall thereafter be known, and shall further designate 31 the first board of trustees elected, and thereupon the district shall be a 32 legal taxing district. 33 (f) On thefirstfourth Tuesday ofFebruaryMay, in thesecondnext odd- 34 numbered calendar year after the organization of any district, and on the 35firstfourth Tuesday ofFebruaryMay every odd-numbered year thereafter an 36 election shall be held, which shall be known as the annual election of the37district. 38 At the firstannualelection in any district hereafter organized, and each39third year thereafter,there shall be elected by the qualified electors of the 40 district,onetwo (12) members of the board to serve for a term ofthreefour 41 (34) years; at thesecond annualnext odd-numbered year electionand each42third year thereafter,there shall be elected one (1) member of the board to 43 serve for a term ofthreefour (34) years, and at the third annual election,44and each third year thereafter, there shall be elected one (1) member of the45board to serve for a term of three (3) years. 46 Not later than the sixth Friday before any such election, nominations may 47 be filed with the secretary of the board and if a nominee does not withdraw 48 his name before the first publication of the notice of election, his name 49 shall be placed on the ballot. Theboard shall provide for holdingcounty 50 clerk shall conduct such election,andshall appoint judges,to conduct it.51The secretary of the districtshall give notice of election by publication, 52 and shall arrange such other details in connection therewith.as the board may53direct.The returns of the election shall be certified to and shall be can- 54 vassed and declared by the board. The candidate or candidates receiving the 55 most votes shall be elected. 18 1 In any election for trustees, if after the deadline for filing a declara- 2 tion of intent as a write-in candidate, it appears that only one (1) qualified 3 candidate has been nominated for a trustee position, it shall not be necessary 4 for the candidate to stand for election, and the board of trustees of the dis- 5 trict shall declare such candidate elected as trustee, and the secretary of 6 the district shall immediately make and deliver to such person a certificate 7 of election. 8 SECTION 7. That Section 23-917, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 23-917. REFERENDUM -- LOCAL OPTION. No license shall be issued hereunder 11 until on or after July 1, 1947. Within sixty (60) days after the effective 12 date of thisactchapter a petition in writing signed by not less than twenty 13 percent (20%) of the registered, qualified electors of any cityor villagemay 14 be filed with the clerk of said cityor villageas their protest against the 15 issuance of any license in said cityor villageunder the provisions of this 16actchapter. In the event said petition is presented, the governing body of 17 any such cityor villageshall, within five (5) days after the presentation of 18 said petition, meet and determine the sufficiency thereof by ascertaining 19 whether said petition is signed by the required number of registered, quali- 20 fied electors of the cityor villageaffected. In the event the governing body 21 of said cityor villagedetermines that said petition is signed by the 22 required percentage of registered, qualified electors, said governing body 23 shall forthwith make an order calling an election to be held within said city, 24or village,subject to the provisions of section 34-106, Idaho Code, inthe25manner provided by law for holding elections for city or village officers. All26the laws of the state of Idaho relating to the holding of elections of city or27village officers for such city or village, whether special charter or general28law of the state,accordance with the provisions of title 34, Idaho Code, 29 which shall apply to the holding of the election provided for in this section, 30 except where specifically modified herein. In addition to the other require- 31 ments of law, the notice of election shall notify the electors of the issue to 32 be voted upon at said election. 33 SECTION 8. That Section 23-918, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 23-918. FORM OF BALLOT. Thecity or villagecounty clerk must furnish the 36 ballots to be used in such election, which ballots must contain the following 37 words: 38 "Sale of liquor by the drink, Yes," 39 "Sale of liquor by the drink, No," 40 and the elector in order to vote must mark an "X" opposite one (1) of the 41 questions in a space provided therefor. 42 SECTION 9. That Section 23-919, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 23-919. EFFECT OF ELECTION -- LIQUOR STORE SALES NOT AFFECTED. Upon a 45 canvass of the votes cast, the county clerkof the cityshall certify the 46 result thereof to the director. If a majority of the votes cast are "Sale of 47 liquor by the drink, Yes," licenses shall be issued in said city as in this 48actchapter provided. If a majority of the votes cast are "Sale of liquor by 49 the drink, No," then no licenses shall be issued in said city unless thereaf- 19 1 ter authorized by a subsequent election in said city; provided, however, that 2 nothing herein contained shall be construed to prevent or prohibit the sale of 3 liquor at or by a state liquor store or state distributor. 4 SECTION 10. That Section 27-107, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 27-107. ELECTION -- QUALIFICATION OF ELECTORS -- CANVASS. Such election 7 shall be conducted in accordance with the general laws of the state in title 8 34, Idaho Code. The board of county commissioners shall establish as many 9 election precincts within such proposed cemetery maintenance district as may 10 be necessary, and define the boundaries thereof, which said precincts may11thereafter be changed by the cemetery maintenance board of such district in12case such district be organized.Said board ofThe countycommissionersclerk 13 shallalsoappoint three (3) judges of election for each such election pre- 14 cinct, who shall perform thesameduties as judges of election under thegen-15eral lawsprovisions ofthe statetitle 34, Idaho Code; and the result of such 16 election shall be certified, and canvassed and declared by the board of county 17 commissioners. 18 SECTION 11. That Section 27-111, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 27-111. ELECTION OF COMMISSIONERS. (1) On the first Tuesday following the 21 first Monday in November and every alternate year thereafter, three (3) ceme- 22 tery maintenance district commissioners shall be elected by the electors of 23 each cemetery district as defined in section 27-104, Idaho Code. Theboard of24cemetery maintenance commissionerscounty clerk shall conduct the election in 25 a manner consistent with statutory provisions of chapter 14, title 34, Idaho 26 Code. Of the commissioners comprising the board at any one (1) time, not more 27 than one (1) shall be an elector of the same cemetery maintenance commission- 28 ers subdistrict. A commissioner shall be an elector of the subdistrict which 29 he represents at the time of his declaration of candidacy and during his term 30 of office. A qualified elector of the cemetery maintenance district shall be 31 eligible to vote for each of the cemetery maintenance district commissioners. 32 At the first election following the formation of a cemetery maintenance dis- 33 trict, commissioners from cemetery maintenance subdistricts one (1) and two 34 (2) shall be elected for terms of four (4) years, and the commissioner from 35 cemetery maintenance subdistrict three (3) shall be elected for a term of two 36 (2) years; thereafter the term of office of all commissioners shall be four 37 (4) years. All elections held under this law, shall be held in conformity with 38 the general laws of the state, including chapter 14, title 34, Idaho Code. 39 (2) In any election for cemetery maintenance district commissioners, if, 40 after the expiration of the date for filing a declaration of intent as a 41 write-in candidate for the office of commissioner, it appears that only one 42 (1) qualified candidate has been nominated for each position to be filled, it 43 shall not be necessary to hold an election, and the board of commissioners 44 shall declare such candidate elected as commissioner, and the secretary shall 45 immediately make and deliver to such person a certificate of election signed 46 by him bearing the seal of the district. The procedure set forth in this sub- 47 section shall not apply to any other cemetery maintenance district election. 48 SECTION 12. That Section 31-402, Idaho Code, be, and the same is hereby 49 amended to read as follows: 20 1 31-402. TIME FOR HOLDING ELECTIONS TO CONSOLIDATE COUNTIES. All elections 2 for the consolidation of counties shall be held onthe first Tuesday in August3 a date authorized in section 34-106, Idaho Code, in the year general elections 4 are held. 5 SECTION 13. That Section 31-403, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 31-403. PETITION FOR CONSOLIDATION. Not less than ninety (90) days nor 8 more than six (6) months prior to the date specified in section 31-402, Idaho 9 Code, a petition may be circulated in any county praying for the consolidation 10 of such county with another county. Such petition shall be entitled in the 11 district court of the former county, and shall be in substantially the follow- 12 ing form: 13 "The undersigned qualified electors of .... County, State of Idaho, hereby 14 petition the court or judge thereof to order an election to be held onthe15first Tuesday in Augusta date authorized in section 34-106, Idaho Code, next 16 hereafter, which is closest to but not sooner than ninety (90) days, to deter- 17 mine whether said .... County shall be consolidated with .... County (naming 18 the county with which it is desired to consolidate), under the provisions of 19 the law applicable to such elections." 20 Such petition may consist of any number of copies required for convenient 21 and rapid circulation and the various copies shall be considered as one (1) 22 petition. If said petition, within the time limits hereinbefore fixed, is 23 signed by a number of qualified electors of the county which it is proposed to 24 consolidate, equal in number to two-thirds (2/3) of all votes cast therein at 25 the last general election, such petition shall thereupon, and not later than 26 eighty (80) days prior to saidfirst Tuesday in Augustelection date, be filed 27 with the clerk of the district court of such county. Such petition shall be 28 deemed a proposal to consolidate said county with the county named therein. 29 SECTION 14. That Section 31-407, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 31-407. PROVISION FOR HOLDING ELECTION -- NOTICE THEREOF TO BE GIVEN. If 32 the court or judge shall order an election, copies of such order, certified by 33 the clerk, shall at once be filed with the countyauditorclerk of the county 34 which it is proposed to consolidate, and also with the countyauditorclerk of 35 the county with which the consolidation is proposed. The countyauditorclerk 36 of each of said counties shall cause a notice of the holding of said election 37 to be published in a newspaper published in his county designating the consol- 38 idation proposal to be voted on, the date of the election, the hours during 39 which the polls will be opened, and stating that the election will be held at 40 the regular polling places in each precinct. Such notice shall be published at 41 least once a week for two (2) successive weeks. Where published in a weekly 42 newspaper, two (2) successive insertions of such notice shall be sufficient. 43 Where published in a daily newspaper, at least seven (7) days shall elapse 44 between the first and last date of publication. Such publication shall be com- 45 pleted not less than thirty (30) days before such election. The countyauditor46 clerk in each county shall likewise, not less than thirty (30) days before 47 such election, cause a copy of such notice to be posted in a conspicuous place 48 in each precinct in his county and in/or near each post office situated 49 therein. If no newspaper be published in such county, the notice given by 50 posting as herein provided shall be sufficient. In any conflict between these 51 election specifications and those provided in chapter 14, title 34, Idaho 21 1 Code, the provisions of the latter shall prevail. 2 SECTION 15. That Section 31-408, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 31-408. PREPARATION AND FORM OF BALLOTS. It shall be the duty of the 5 countyauditorclerk of each of said counties to cause ballots to be printed 6 which ballots shall be three (3) inches square, or as near thereto as practi- 7 cable, and on one side shall be printed the following: 8 "Shall .... County be consolidated with .... County? 9 Yes 10 No" 11 The countyauditorclerk in each county shall send the requisite number of 12 ballots to each voting precinct in his county in a reasonable time before the 13 election. All ballots and supplies to be used at such election, and the 14 expenses necessarily incurred in the preparation and conduct of such election, 15 shall be paid out of the countytreasuryelection fund as in the case of gen- 16 eral elections. 17 SECTION 16. That Section 31-1406, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 31-1406. ELECTION -- QUALIFICATION OF ELECTORS -- CANVASS. Such election 20 shall be conducted in accordance with the general laws of the state, including 21 the provisions of chapter 14, title 34, Idaho Code. The board of county com- 22 missioners shall establish as many election precincts within such proposed 23 fire protection district as may be necessary, and define the boundaries 24 thereof, which said precincts may thereafter be changed by the fire protection25board of such district in case such district be organized. Eachboard of26 countycommissionersclerk shallalsoappoint three (3) judges of election for 27 each such election precinct, who shall perform thesameduties, as near as may28be,as judges of election under thegeneral lawsprovisions ofthe state29 title 34, Idaho Code; and the result of such election shall be certified, and 30 canvassed and declared by the board of county commissioners. 31 SECTION 17. That Section 31-4323, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 31-4323. CREATION OF INDEBTEDNESS FOR WORKS OR IMPROVEMENTS -- ELECTION 34 ON PROPOSED INDEBTEDNESS. Whenever the board of a recreation district shall, 35 by resolution, determine that the interest of said district and the public 36 interest or necessity demand the acquisition, construction, installation, com- 37 pletion or maintenance of any purpose stated in section43-431631-4316, Idaho 38 Code, equipment or apparatus to carry out the objects or purposes of said dis- 39 trict requiring the creation of an indebtedness exceeding the income and reve- 40 nue provided for the year, the board shall order the submission of the propo- 41 sition of issuing such obligations or bonds or creating other indebtedness to 42 the qualified electors, at an election held, subject to the provisions of sec- 43 tion 34-106, Idaho Code, for that purpose. The declaration of public interest 44 or necessity, herein required, and the provision for the holding of such elec- 45 tion, may be included within one and the same resolution, which resolution, in 46 addition to such declaration of public interest or necessity, shall recite the 47 objects and purposes for which the indebtedness is proposed to be incurred, 48 the estimated cost of the works or improvements, as the case may be, the 49 amount of principal of the indebtedness to be incurred therefor, and the maxi- 22 1 mum rate of interest to be paid on such indebtedness. Such resolutions shall 2 also fix the date upon which such election shall be held, and the manner of 3 holding the same, which shall be in accordance with the provisions of title 4 34, Idaho Code, and the method of voting for or against the incurring of the 5 proposed indebtedness; such resolution shall also fix the compensation to be 6 paid the officers of the election.andThe county clerk shall designate the 7 polling place or places and shall appoint for each polling place, from the 8 qualified electors who are taxpayers of the district, the officers of such 9 election, consisting of three (3) judges, one (1) of whom shall act as the 10 clerk, provided, however, that no district shall issue or have outstanding its 11 coupon bonds in excess of two percent (2%) of market value for assessment pur- 12 poses of the real estate and personal property within the said district or in 13 excess of ten percent (10%) of market value for assessmentofpurposes of real 14 estate and personal property within a district created pursuant to section 15 31-4304A, Idaho Code, according to the assessment of the year preceding any 16 such issuance of such evidence of indebtedness for any or all of the proposi- 17 tions specified in this election. 18 SECTION 18. That Section 31-4325, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 31-4325. CONDUCT OF ELECTION FOR PROPOSED INDEBTEDNESS. Theelection21board or boardscounty clerk shall conduct the election in a manner prescribed 22 by law for the holding of general elections and shall take their returns to 23 the secretary of the district at any regular or special meeting of the board 24 held within five (5) days following the date of such election. The returns 25 thereof shall be canvassed and the results thereof shall be declared. 26 SECTION 19. That Section 31-4510, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 31-4510. POWERS NOT RESTRICTED -- LAW COMPLETE IN ITSELF -- ELECTION. 29 Neither this chapter nor anything herein contained shall be construed as a 30 restriction or limitation upon any powers which any county might otherwise 31 have under any laws of this state, but shall be construed as cumulative of any 32 such powers. No proceedings, notice or approval shall be required for the 33 issuance of any revenue bonds or any instrument as security therefor, except 34 that no revenue bonds shall be issued hereunder until the board shall by reso- 35 lution adopted by a majority of the board determine that the interest of the 36 county and the public interest or necessity demand the acquisition, construc- 37 tion, installation and equipment of pollution control facilities to be 38 financed for or to be sold, leased or otherwise disposed of to persons, asso- 39 ciations or corporations other than municipal corporations or other political 40 subdivisions, whereupon the board shall order the submission of the proposi- 41 tion of issuing such revenue bonds for the purposes set forth in said resolu- 42 tion to the vote of the qualified electors of the county as defined in section 43 34-104, Idaho Code, at an election to be held subject to the provisions of 44 section 34-106, Idaho Code. The declaration of public interest or necessity 45 herein required and the provision for the holding of such election may be 46 included within one and the same resolution, which resolution, in addition to 47 such declaration of public interest or necessity, shall recite the objects and 48 purposes for which the revenue bonds are proposed to be issued, the amount of 49 principal of the revenue bonds, and the source of revenues pledged to the pay- 50 ment of said bonds. 51 Such resolution shall also fix the date upon which such election shall be 23 1 held, subject to the provisions of section 34-106, Idaho Code, the manner of 2 holding the same, which shall be in accordance with the provisions of title 3 34, Idaho Code, and the method of voting for or against the issuance of the 4 revenue bonds. Such resolution shall also fix the compensation to be paid the 5 officers of the election and shall designate the precincts and polling places 6 and the county clerk shall appoint for each polling place, from each precinct 7 from the electors thereof, the officers of such election, which officers shall 8 consist of three (3) judges, one (1) of whom shall act as clerk, who shall 9 constitute a board of election for each polling place. The description of pre- 10 cincts may be made by reference to any order or orders of the board, or by 11 reference to any previous order or resolution of the board or by detailed 12 description of such precincts. Precincts established by the board may be con- 13 solidated for elections held hereunder. A notice of election shall be pub- 14 lished by the county clerk once a week for two (2) consecutive weeks, the 15 first publication shall be not less than twelve (12) days prior to the elec- 16 tion, and the last publication of which shall be at least five (5) days prior 17 to the date set for said election, in the newspaper of general circulation 18 within the county in which legal notices of the county are customarily pub- 19 lished, and no other or further notice of such election or publication of the 20 names of election officers or of the precincts or polling places need be 21 given or made. 22 Therespective election boardscounty clerk shall conduct the electionin23their respective precinctsin the manner prescribed by law for the holding of 24 county elections to the extent the same shall apply.and shall make their25returns to the board.The returns thereof shall be canvassed and the results 26 thereof declared as provided in chapter 12, title 34, Idaho Code. 27 In the event that it shall appear from said returns that a majority of the 28 qualified electors of the county who shall have voted on any proposition sub- 29 mitted hereunder at such election voted in favor of such proposition, the 30 county shall thereupon be authorized to issue and sell such revenue bonds of 31 the county, all for the purpose or purposes and object or objects provided for 32 in the proposition submitted hereunder and in the resolution therefor, and in 33 the amount so provided. 34 SECTION 20. That Section 31-4701, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 31-4701. CREATION OF COUNTY MUSEUM BOARD. A county museum board may be 37 created as follows: 38 (1) In addition to the procedures provided in subsections (2), (3) and 39 (4) of this section, the county commissioners may adopt a resolution and 40 incorporate in its minutes to signify that it is the intention of the board of 41 county commissioners to create a county museum board in accordance with the 42 provisions of this chapter. The board of county commissioners shall fix a 43 date, not less than three (3) nor more than six (6) weeks from the date of the 44 adoption of the resolution for a public hearing, and shall order the clerk of 45 the board to publish notice of the hearing in one or more newspapers of gen- 46 eral circulation in the county, which notice shall include the time and place 47 of the hearing at which the board of county commissioners will hear any person 48 or persons interested upon the matter of whether a county museum board shall 49 be created pursuant to this chapter. If after the hearing provided for in this 50 section, the board of county commissioners shall then deem it for the best 51 interests of the county that a county museum board be created, the county com- 52 missioners shall enter an order to that effect and calling an election upon 53 the formation of the proposed county museum board as provided in this section. 24 1 (2) Any person or persons may file a petition for the formation of a 2 county museum board with the clerk. The petition which may be in one or more 3 papers shall be signed by not less than ten percent (10%) of the registered 4 voters residing within the county. 5 (3) The clerk shall, within ten (10) days after the filing of the peti- 6 tion, estimate the cost of advertising and holding the election provided in 7 this section and notify in writing the person or any one of the persons filing 8 the petition as to the amount of the estimate. The person or persons shall 9 within twenty (20) days after receipt of the written notice deposit the esti- 10 mated amount with the clerk in cash, or the petition shall be deemed with- 11 drawn. If the deposit is made and the county museum board is formed, the per- 12 son or persons so depositing the sum shall be reimbursed from the first moneys 13 collected by the county museum board from the taxes authorized to be levied by 14 thisactchapter. 15 (4) Within thirty (30) days after the filing of the petition together 16 with the map and the making of the cash deposit, the county commissioners 17 shall determine whether or not they substantially comply with the requirements 18 of this section. If the county commissioners find that there has not been sub- 19 stantial compliance with the requirements, the county commissioners shall 20 enter an order to the effect specifying the particular deficiencies, dismiss- 21 ing the petition and refunding the cash deposit. If the county commissioners 22 find that there has been substantial compliance with the requirements, the 23 county commissioners shall forthwith enter an order to that effect and calling 24 an election upon the formation of the proposed county museum board as provided 25 in this section. 26 (5) If the county commissioners order an election as provided in this 27 section, the election shall be conducted on the first Tuesday succeeding the 28 first Monday of November in any year, and in accordance with the general elec- 29 tion laws of the state, except as hereinafter provided. The county commission- 30 ers shall establish election precincts, and the county clerk shall design and 31 print voter's oaths, ballots and other necessary supplies, appoint election 32 personnel andby rule and regulationprovide for the conduct and tally of the 33 election in accordance with the provisions of title 34, Idaho Code. Each reg- 34 istered voter of the county shall be entitled to vote in the election. The 35 clerk shall give notice of the election which notice shall clearly state the 36 question of whether a county museum board shall be formed and shall state the 37 date of the election. The notice shall be published once each week for three 38 (3) successive publications prior to the election in a newspaper published 39 within the county. 40 (6) Immediately after the election, the judges at the election shall for- 41 ward the ballots and results of the election to the clerk. The county commis- 42 sioners shall canvass the vote within ten (10) days after the election. If 43 forty-five percent (45%) or more of the votes cast at the election are against 44 the formation of the county museum board, the county commissioners shall enter 45 an order so finding and declaring that the county museum board shall not be 46 formed. If more than fifty-five percent (55%) of the votes cast at the elec- 47 tion are in favor of forming the county museum board, the county commissioners 48 shall enter an order so finding, declaring the county museum board duly orga- 49 nized. The county commissioners shall cause one (1) certified copy of the 50 order to be filed in the office of the county recorder of the county and shall 51 cause one (1) certified copy of the order to be transmitted to the governor. 52 Immediately upon the entry of the order, the organization of the county museum 53 board shall be complete. 54 (7) After the election, the validity of the proceedings hereunder shall 55 not be affected by any defect in the petition, if any, or in the number or 25 1 qualification of the signers thereof, and in no event shall any action be com- 2 menced or maintained or defense made affecting the validity of the organiza- 3 tion of the county museum board after six (6) months have expired from the 4 date of entering the order declaring the formation of the county museum board. 5 SECTION 21. That Section 33-308, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 33-308. EXCISION AND ANNEXATION OF TERRITORY. (1) A board of trustees of 8 any school district including a specially chartered school district, or one- 9 fourth (1/4) or more of the school district electors, residing in an area of 10 not more than fifty (50) square miles within which there is no schoolhouse or 11 facility necessary for the operation of a school district, may petition in 12 writing proposing the annexation of the area to another and contiguous school 13 district. 14 (2) Such petition shall be in duplicate, one (1) copy of which shall be 15 presented to the board of trustees of the district from which the area is pro- 16 posed to be excised, and the other to the board of trustees of the district to 17 which the area is proposed to be annexed. The petition shall contain: 18 (a) The names and addresses of the petitioners; 19 (b) A legal description of the area proposed to be excised from one dis- 20 trict and annexed to another contiguous district; 21 (c) Maps showing the boundaries of the districts as they presently appear 22 and as they would appear should the excision and annexation be approved; 23 (d) The names of the school districts from and to which the area is pro- 24 posed to be excised, and annexed; 25 (e) A description of reasons for which the petition is being submitted; 26 and 27 (f) An estimate of the number of children residing in the area described 28 in the petition. 29 (3) The board of trustees of each school district, no later than ten (10) 30 days after its first regular meeting held subsequent to receipt of the peti- 31 tion, shall transmit the petition, with recommendations, to the state board of 32 education. 33 (4) The state board of education shall approve the proposal provided: 34 (a) The excision and annexation is in the best interests of the children 35 residing in the area described in the petition; and 36 (b) The excision of the territory, as proposed, would not leave a school 37 district with a bonded debt in excess of the limit then prescribed by law. 38 If either condition is not met, the state board shall disapprove the proposal. 39 The approval or disapproval shall be expressed in writing to the board of 40 trustees of each school district named in the petition. 41 (5) If the state board of education shall approve the proposal, it shall 42 be submitted to the school district electors residing in the area described in 43 the petition, at an election held in the manner provided inchapter 4,title 44 334, Idaho Code. Such election shall be heldwithinon the date authorized in 45 section 34-106, Idaho Code, which is nearest to sixty (60) days after the 46 state board approves the proposal. 47 (6) At the election there shall be submitted to the electors having the 48 qualifications of electors in a school district bond election and residing in 49 the area proposed to be annexed: 50 (a) The question of whether the area described in the petition shall be 51 excised from school district no. ( ) and annexed to contiguous school 52 district no. ( ); and 53 (b) The question of assumption of the appropriate proportion of any 26 1 bonded debt, and the interest thereon, of the proposed annexing school 2 district. 3 (7) If a majority of the school district electors in the area described 4 in the petition, voting in the election, shall vote in favor of the proposal 5 to excise and annex the said area, and if in the area the electors voting on 6 the question of the assumption of bonded debt and interest have approved such 7 assumption by the proportion of votes cast as is required by section 3, arti- 8 cle VIII, of the constitution of the state of Idaho, the proposal shall carry 9 and be approved. Otherwise, it shall fail. 10 (8) If the proposal shall be approved by the electors in the manner pre- 11 scribed, the state board of education shall make an appropriate order for the 12 boundaries of the affected school districts to be altered; and the legal 13 descriptions of the school districts shall be corrected as prescribed in sec- 14 tion 33-307(2), Idaho Code. 15 SECTION 22. That Section 33-311, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 33-311. PLAN OF CONSOLIDATION SUBMITTED TO ELECTORS. The state board of 18 education may approve or disapprove any plan proposing consolidation, and if 19 it approves the same it shall give notice thereof to the board of trustees of 20 each school district proposing to consolidate and to the board of county com- 21 missioners in each county in which the proposed consolidated district would 22 lie. Notice to the board of county commissioners shall include the legal 23 description of the boundaries of the proposed consolidated district and a 24 brief statement of the approved proposal, and shall be accompanied by a map of 25 the proposed consolidated district. 26 Not more than ten (10) days after receiving the notice from the state 27 board of education, each board of county commissioners receiving such notice 28 shall enter the order calling for an election on the question of approving or 29 disapproving, and shall cause notice of such election to be posted and pub- 30 lished. The notice shall be posted and published, the election shall be held 31 and conducted and its results canvassed, in the manner and form ofsections3233-401 through 33-406title 34, Idaho Code. 33 If the qualified school electors of any one (1) district proposing to con- 34 solidate, and voting in the election, shall constitute a majority of all such 35 electors voting in the entire area of the proposed consolidated district, the 36 proposed consolidation shall not be approved unless a majority of such elec- 37 tors in such district, voting in the election, and a majority of such electors 38 in each of the remaining districts, voting in the election, shall approve the 39 proposed consolidation. 40 If the qualified school electors in no one (1) of the districts proposing 41 to consolidate, and voting in the election, constitute a majority of all such 42 electors voting in the entire area of the proposed consolidated district, the 43 proposed consolidation shall not be approved unless a majority of all such 44 electors in each district, voting in the election, shall approve the proposed 45 consolidation. 46 In any plan of consolidation the existing bonded debt of any district or 47 districts proposing to consolidate, shall not become the obligation of the 48 proposed consolidated school district. The debt or debts shall remain an obli- 49 gation of the property within the districts proposing the consolidation. Upon 50 voter approval of the proposed consolidation, the districts proposing to con- 51 solidate shall become subdistricts of the new district as if they had been 52 created under the provisions of section 33-351, Idaho Code. The subdistricts 53 shall be called bond redemption subdistricts. The powers and duties of such 27 1 bond redemption subdistricts shall not include authority to incur new indebt- 2 edness within the subdistricts. 3 When a consolidation is approved, as hereinabove prescribed, a new school 4 district is thereby created, and the board of county commissioners of any 5 county in which the consolidated district lies shall enter its order showing 6 the creation of the district and a legal description of its boundaries. 7 SECTION 23. That Section 33-312, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-312. DIVISION OF SCHOOL DISTRICT. A school district may be divided so 10 as to form not more than two (2) districts each of which must have continuous 11 boundaries, in the manner hereinafter provided, except that any district which 12 operates and maintains a secondary school or schools shall not be divided 13 unless the two (2) districts created out of the division shall each operate 14 and maintain a secondary school or schools immediately following such divi- 15 sion. 16 A proposal to divide a school district may be initiated by its board of 17 trustees and submitted to the state board of education. Such proposal shall 18 contain all of the information required in a proposal to consolidate school 19 districts as may be relevant to a proposal to divide a school district. It 20 shall also show the manner in which it is proposed to divide or apportion the 21 property and liabilities of the district, the names and numbers of the pro- 22 posed new districts, and legal description of the proposed trustee zones. 23 Before submitting any proposal to divide a school district, the board of 24 trustees shall hold a hearing or hearings on the proposal within the district. 25 Notice of such hearing or hearings shall be posted by the clerk of the board 26 of trustees in not less than three (3) public places within the district, one 27 (1) of which places shall be at or near the main door of the administrative 28 offices of the school district, for not less than ten (10) days before the 29 date of such hearing or hearings. 30 The state board of education may approve or disapprove any such proposal 31 submitted to it, and shall give notice thereof in the manner of a proposal to 32 consolidate school districts; except, that the state board of education shall 33 not approve any proposal which would result in a district to be created by the 34 division having or assuming a bonded debt in an amount exceeding the limita- 35 tions imposed by law, or which would leave the area of any cityor villagein 36 more than one (1) school district. 37 If the state board of education shall approve the proposal to divide the 38 district, notice of the election shall be published, the election shall be 39 heldandsubject to the provisions of section 34-106, Idaho Code. The election 40 shall be conducted, and the ballots shall be canvassed, according to the pro- 41 visions ofsections 33-401-- 33-406title 34, Idaho Code. The division shall 42 be approved only if a majority of all votes cast at said special election by 43 the school district electors residing within the entire existing school dis- 44 trict and voting in the election are in favor of the division of such dis- 45 trict, and a majority of all votes cast at said special election by the quali- 46 fied voters within that portion of the proposed new district having a minority 47 of the number of qualified voters, such portion to be determined by the number 48 of votes cast in each area which is a contemplated new district, are in favor 49 of the division of the district, and upon such approval two (2) new school 50 districts shall be thereby created. The organization and division of all 51 school districts which have divided since June 30, 1963, are hereby validated. 52 If the division be approved, as herein provided, the board of canvassers 53 shall thereupon notify the state board of education and the trustees of the 28 1 district which has been divided. The state board shall give notice to the 2 board of county commissioners of any county in which the newly created dis- 3 tricts may lie. 4 SECTION 24. That Section 33-313, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 33-313. TRUSTEE ZONES. Each elementary school district shall be divided 7 into three (3) trustee zones and each other school district shall be divided 8 into no fewer than five (5) or more than nine (9) trustee zones according to 9 the provisions of section 33-501, Idaho Code. Any proposal to define the 10 boundaries of the several trustee zones in each such school district shall 11 include the determination, where appropriate, of the number of trustee zones 12 in such district, and the date of expiration of the term of office for each 13 trustee. The boundaries of the several trustee zones in each such school dis- 14 trict shall be defined and drawn so that, as reasonably as may be, each such 15 zone shall have approximately the same population. 16 Whenever the area of any district has been enlarged by the annexation of 17 all or any part of another district, or by the correction of errors in the 18 legal description of school district boundaries, any such additional territory 19 shall be included in the trustee zone or zones contiguous to such additional 20 territory until such time as the trustee zones may be redefined and changed. 21 Trustee zones may be redefined and changed, but not more than once every five 22 (5) years in the manner hereinafter provided. 23 A proposal to redefine and change trustee zones of any district may be 24 initiated by its board of trustees and shall be initiated by its board of 25 trustees at the first meeting following the report of the decennial census, 26 and submitted to the state board of education, or by petition signed by not 27 less than fifty (50) school electors residing in the district, and presented 28 to the board of trustees of the district. Within one hundred twenty (120) days 29 following the decennial census or the receipt of a petition to redefine and 30 change the trustee zones of a district the board of trustees shall prepare a 31 proposal for a change which will equalize the population in each zone in the 32 district and shall submit the proposal to the state board of education. Any 33 proposal shall include a legal description of each trustee zone as the same 34 would appear as proposed, a map of the district showing how each trustee zone 35 would then appear, and the approximate population each would then have, should 36 the proposal to change any trustee zones become effective. 37 Within sixty (60) days after it has received the said proposal the state 38 board of education may approve or disapprove the proposal to redefine and 39 change trustee zones and shall give notice thereof in writing to the board of 40 trustees of the district wherein the change is proposed. Should the state 41 board of education disapprove a proposal the board of trustees shall within 42 forty-five (45) days submit a revised proposal to the state board of educa- 43 tion. Should the state board of education approve the proposal, the trustee 44 zones shall be changed in accordance with the proposal. 45 At the next regular meeting of the board of trustees following the 46 approval of the proposal the board shall appoint from its membership a trustee 47 for each new zone to serve as trustee until that incumbent trustee'sthree (3)48yearterm expires. If the current board membership includes two (2) incumbent 49 trustees from the same new trustee zone, the board will select the incumbent 50 trustee with the most seniority as a trustee to serve the remainder of his 51three (3) yearterm. If both incumbent trustees have equal seniority, the 52 board will choose one (1) of the trustees by the drawing of lots. If there is 53 a trustee vacancy in any of the new zones, the board of trustees shall appoint 29 1 from the patrons resident in that new trustee zone, a person from that zone to 2 serve as trustee until the next annual meeting. At the annual election a 3 trustee shall be elected to serve during the term specified in the election 4 for the zone. The elected trustee shall assume office at the annual meeting of 5 the school district next following the election. 6 SECTION 25. That Section 33-317, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-317. COOPERATIVE SERVICE AGENCY -- POWERS -- DUTIES -- LIMITATIONS. 9 (1) Two (2) or more school districts may join together for educational pur- 10 poses to form a service agency to purchase materials and/or provide services 11 for use individually or in combination. The cooperative service agency thus 12 formed shall be empowered to adopt bylaws, and act as a body corporate and 13 politic with such powers as are assigned through its bylaws but limited to the 14 powers and duties of local school districts. In its corporate capacity, this 15 agency may sue and be sued and may acquire, hold and convey real and personal 16 property necessary to its existence. The employees of the service agency shall 17 be extended the same general rights, privileges and responsibilities as compa- 18 rable employees of a school district. 19 (2) A properly constituted cooperative service agency may request from 20 its member school districts funding to be furnished by a tax levy not to 21 exceed one-tenth of one percent (.1%) for a period not to exceed ten (10) 22 years by such member school districts. Such levy must be authorized by an 23 election held subject to the provisions of section 34-106, Idaho Code, and be 24 conducted in each of the school districts pursuant tochapter 4,title 334, 25 Idaho Code, and approved by a majority of the district electors voting in such 26 election. Moneys received by the member school districts from this source 27 shall be transferred to the cooperative service agency upon receipt of billing 28 from the agency. Excess revenue over billing must be kept in a designated 29 account by the district, with accrued interest, and may only be spent as bud- 30 geted by the agency. 31 (3) For the purpose of constructing and maintaining facilities of a coop- 32 erative service agency, in addition to the levy authorized in subsection (2) 33 of this section, a properly constituted cooperative service agency may request 34 from its member school districts additional funding to be furnished by a tax 35 levy not to exceed one-tenth of one percent (.1%) for a period not to exceed 36 ten (10) years. Such levy must be authorized by an election held subject to 37 the provisions of section 34-106, Idaho Code, and be conducted in each of the 38 school districts pursuant tochapter 4,title 334, Idaho Code, and approved by 39 sixty-six and two-thirds percent (66 2/3%) of the district electors voting in 40 such election. Electors of the districts may approve continuation of such levy 41 for an additional ten (10) years at an election held for that purpose. There 42 is no limit on the number of elections which may be held for the purpose of 43 continuing the levy authorized under this subsection (3) for an additional ten 44 (10) years. The administration and accounting of moneys received by imposition 45 of the levy shall be the same as provided in subsection (2) of this section. 46 SECTION 26. That Section 33-351, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 33-351. SUBDISTRICTS -- AUTHORITY TO ESTABLISH -- ELECTION. The board of 49 trustees of any school district which operates two (2) or more high schools 50 may at any time, on its own motion or upon the filing with the board of 51 trustees of a petition so requesting signed by not less than fifty (50) school 30 1 electors, call an election to submit to the qualified electors of the school 2 district the question of the creation of one or more school subdistricts. Such 3 election shall be called, the election shall be held subject to the provisions 4 of section 34-106, Idaho Code, and shall be conducted pursuant to the provi- 5 sions ofchapter 4,title 334, Idaho Code. The proceedings calling such elec- 6 tion shall set forth the boundaries of each proposed school subdistrict and 7 shall provide for the submission of the question of the creation of each such 8 school subdistrict to the qualified electors of the school district and to the 9 qualified electors residing within the proposed boundaries of each such school 10 subdistrict. No proposition for the creation of a school subdistrict shall be 11 determined to have carried unless such proposition shall receive a majority of 12 the votes cast on such proposition by the qualified electors residing within 13 the boundaries of the school district and a majority of the votes cast on such 14 proposition by the qualified electors residing within the boundaries of the 15 proposed school subdistrict. Whenever the creation of more than one (1) school 16 subdistrict is submitted at the same election, separate ballots and separate 17 propositions shall be used in voting on the question of creating each school 18 subdistrict. 19 SECTION 27. That Section 33-354, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 33-354. INDEBTEDNESS -- BOND ISSUES. School subdistricts may incur debt 22 and issue bonds for the purpose of acquiring, purchasing or improving a school 23 site or sites, acquiring or constructing newschool housesschoolhouses, 24 remodeling existing buildings, constructing additions thereto, including all 25 necessary furnishings and equipment, and all lighting, heating, ventilation, 26 sanitation facilities and appliances necessary to operate the buildings of the 27 new school subdistrict. The governing body of a school subdistrict may submit 28 to the qualified electors of the school subdistrict the question of whether 29 the governing body of the school subdistrict shall be empowered to issue nego- 30 tiable bonds of the school subdistrict in an amount and for a period of time 31 to be named in the notice of election. Notice of the bond election shall be 32 given, the election shall be conducted and the returns thereof canvassed and 33 the qualifications of electors voting or offering to vote shall be as provided 34 insections 33-402 through 33-423title 34, Idaho Code. The question of the 35 issuance of such bonds shall be approved only if the percentage of votes cast 36 at such election were cast in favor thereof as that which is now, or may here- 37 after be, set by the constitution of the state of Idaho. All such bonds shall 38 be authorized, issued and sold pursuant to the provisions of sections 33-1107 39 through 33-1125, Idaho Code. No bonds of a school subdistrict may be issued, 40 however, if the issuance of such bonds would cause the percentage of market 41 value for assessment purposes of taxable property within the boundaries of the 42 school subdistrict represented by the aggregate outstanding indebtedness of 43 the school subdistrict, when added to the percentage of the assessed valuation 44 of taxable property represented by the aggregate outstanding indebtedness of 45 the school district within which the school subdistrict lies, to exceed five 46 percent (5%). As used in the preceding sentence hereof, "market value for 47 assessment purposes," "aggregate outstanding indebtedness" and "issuance" 48 shall have the same meanings as set forth in section 33-1103, Idaho Code. Upon 49 the approval of the issuance of such bonds, the same may be issued by the gov- 50 erning body of the school subdistrict on behalf of the school subdistrict at 51 any time within two (2) years from the date of such election. Wherever insec-52tions 33-402 through 33-423title 34, Idaho Code, and in sections 33-1107 53 through 33-1125, Idaho Code, reference is made to "school district"; for pur- 31 1 poses of thisactchapter it shall be deemed to refer to school subdistricts. 2 SECTION 28. That Section 33-401, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 33-401. LEGISLATIVE INTENT. The legislature finds that a comprehensive 5 and integrated statutory scheme for the conduct of school elections is criti- 6 cal to the public's understanding of and confidence in the public school elec- 7 tion system. It is therefore the intent of the legislature thatwith the8exception of chapter 24, title 34, Idaho Code, andthe provisions of title 18, 9 Idaho Code,whichand the provisions of title 34, Idaho Code, shall be fully 10 applicable, or unless otherwise specifically provided,and shall govern all 11 school elections.shall be governed by the provisions of this chapterAll 12 school elections shall be administered by the clerk of the county wherein the 13 district lies. Elections in a joint school district shall be conducted jointly 14 by the clerks of the respective counties, and the clerk of the home county 15 shall exercise such powers as are necessary to coordinate the election. 16 SECTION 29. That Section 33-402, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 33-402. NOTICE REQUIREMENTS.a. Notice of all school elections must be19given by posting and publishing notice of said elections and such notice shall20state:211. The date of holding the election;222. The hours between which the polls will be open;233. The definite place or places of holding the election;244. In the case of election of trustees, the offices to be filled, the25trustee zones, and a statement that declarations of candidacy must be26filed not later than 5:00 p.m. on the fifth Friday prior to the day of the27election;285. In the case of bond election, the amount of the issue, the purpose and29period of the issue;306. In the case of the assumption of a debt, the amount of any such debt31to be assumed by each district, or part of a district; and327. In all other elections, a brief statement of the question being sub-33mitted to the electors.34b. In school elections involving (i) the incurring or increasing of a35debt, (ii) approving a levy for a plant facilities reserve fund and term36thereof, (iii) excising and annexing territory, (iv) consolidating districts,37or (v) dividing a district, notice of the election shall be posted not less38than twenty-one (21) days prior to the day of the election in at least three39(3) places in each district participating in or affected by such election, one40(1) of which places shall be at or near the main door of the administrative41offices of each such district, and by publishing at least once each week for42three (3) consecutive weeks prior to the day of the election in a newspaper as43provided in section 60-106, Idaho Code, published in the county or in any44county in which such district may lie and having general circulation within45such district.46c. Notice of all other school elections shall be given in the same man-47ner, except that the posting shall be for not less than ten (10) days, and48publishing shall be at least once each week for two (2) consecutive weeks49prior to the day of the election.50d. Notice of the deadline for filing declaration of candidacy for elec-51tion of trustees shall be posted for not less than ten (10) days and published32 1at least once each week for two (2) consecutive weeks prior to the last day2for filing nominating petitions as required by section 33-502, Idaho Code.3e. In elections for excising and annexing the territory of school dis-4tricts, or to create new school districts by consolidation or division, the5clerk of the board of county commissioners of the county in which the district6lies, or of the home county if the district be a joint district, shall pre-7pare, post, sign and arrange for the publishing of, the notice of election. In8all other elections it shall be the duty of the clerk of the board of trustees9so to do.10f.(1) Notice of annual meeting of elementary school districts as provided 11 for in section 33-510, Idaho Code, and of intent to discontinue a school, as 12 provided for in section 33-511, Idaho Code, and annual budget hearing as pro- 13 vided for in section 33-801, Idaho Code, shall be given by postingand pub-14lishing as outlined in subsection b. of this section except that posting shall15befor not less than ten (10) days, and publishingshall beonce in a news- 16 paper as provided in section 60-106, Idaho Code, published within the dis- 17 trict, or, if there be none, then in a newspaper as provided in section 18 60-106, Idaho Code, published in the county in which such district lies. If 19 more than one (1) newspaper is printed and published in said district or 20 county, then in the newspaper most likely to give best general notice of the 21 election within said district; provided that if no newspaper is published in 22 the said district or county, then in a newspaper as provided in section 23 60-106, Idaho Code, most likely to give best general notice of the election 24 within the district. 25g.(2) Notices calling for bids for the acquisition, use, or disposal of 26 real and personal property as provided for in section 33-601, Idaho Code, and 27 contracting for transportation services as provided for in section 33-1510, 28 Idaho Code, shall be given in a newspaper of general circulation as required 29 by chapter 1, title 60, Idaho Code, except that the notice for contracting for 30 transportation services shall be made not less than four (4) weeks before the 31 date of opening bids. 32h.(3) Proof of posting notice shall be upon the affidavit of the person 33 posting the same; and proof of publication shall be upon the affidavit of the 34 publisher of the newspaper or newspapers respectively. Such affidavits shall 35 be filed with his board by the clerk responsible for the posting and the pub- 36 lishing of said notice, before the day of the election named in the notice. 37 SECTION 30. That Sections 33-403, 33-403A, 33-403B and 33-403C, Idaho 38 Code, be, and the same are hereby repealed. 39 SECTION 31. That Section 33-404, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 33-404. PLACES ELECTIONS TO BE HELD. In elections involving excision and 42 annexation of territory, or the consolidation of school districts, or the 43 division of a school district, each notice of election shall designate that 44 polling places shall be established, as follows: 45 In an election involving excision and annexation of territory, polling 46 places shall be established in the district to which the territory or area is 47 to be annexed; in the territory or area to be annexed; and in the remainder of 48 the school district from which the territory or area is to be excised. 49 In an election involving consolidation of school districts, polling places 50 shall be established in each district proposed to be consolidated. 51 In an election involving the division of a school district, polling places 52 shall be established in each proposed trustee zone of each school district 33 1 proposed to be created by the division. 2 In any school election held within a joint school district, polling places 3 shall be designated and established, within such district, in each county.in4which ten (10) or more electors of the district reside. In an area where less5than ten (10) electors reside, a polling place shall be designated upon peti-6tion to the board of trustees, received not less than twenty-eight (28) days7preceding the date of the election, of three (3) or more electors within the8affected area, or may be designated at the option of the board of trustees.9 SECTION 32. That Section 33-405, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 33-405. QUALIFICATIONS OF SCHOOL ELECTORS. Any person voting, or offering 12 to vote, in any school election must be, at the time of the election eighteen 13 (18) years of age and a United States citizen who has resided in this state 14 and in the school district at least thirty (30) days next preceding the elec- 15 tion in which the elector desires to vote. In the case of election of 16 trustees, the elector must be a resident of the same trustee zone as the can- 17 didate or candidates for school district trustees for whom the elector offers 18 to vote for at least thirty (30) days next preceding the election in which the 19 elector desires to vote. 20 Registration requirements set forth in chapter 4, title 34, Idaho Code, 21 shall be applicable to school elections, and in addition to the foregoing22qualifications, a school elector shall have executed, in writing and immedi-23ately before voting, a form of elector's oath attesting that he or she pos-24sesses the qualifications of a school elector prescribed by this section and25indicating the mailing address, residence address or any other necessary26information definitely locating the residence of the school elector. The elec- 27 tor may be required to furnish to the election official proof of residence, 28 which proof shall be established by either an Idaho motor vehicle driver's 29 license or any other document definitely establishing the elector's residence 30 within the school district or trustee zone. 31 SECTION 33. That Sections 33-405A, 33-405B, 33-406, 33-406A, 33-407, 32 33-408, 33-409, 33-410, 33-411, 33-412, 33-413, 33-414, 33-415, 33-416, 33 33-417, 33-418, 33-419, 33-420, 33-421, 33-422, 33-423, 33-424, 33-428, 34 33-429, 33-430, 33-431, 33-432, 33-433, 33-434, 33-435, 33-436, 33-437, 35 33-438, 33-439, 33-440, 33-441 and 33-442, Idaho Code, be, and the same are 36 hereby repealed. 37 SECTION 34. That Section 33-501, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 33-501. BOARD OF TRUSTEES. Each school district shall be governed by a 40 board of trustees. The board of trustees of each elementary school district 41 shall consist of three (3) members, and the board of trustees of each other 42 school district shall consist of five (5) members. Provided, however, that the 43 board of trustees of any district which has had a change in its district 44 boundaries subsequent to June 30, 1973, may consist of no fewer than five (5) 45 or more than nine (9) members if such provisions are included as part of an 46 approved proposal to redefine and change trustee zones as provided in section 47 33-313, Idaho Code.Except as otherwise provided by lawCommencing in 2010, a 48 school district trustee shall be elected for a term ofthreefour (34) years 49or until the annual meeting of his district held during the year in which his50term expiresbeginning at twelve o'clock noon on July 1, next succeeding his 34 1 election. 2 Each trustee shall at the time of his nomination and election, or appoint- 3 ment, be a school district elector of his district and a resident of the 4 trustee zone from which nominated and elected, or appointed. 5 Each trustee shall qualify for and assume officeat the annual meeting of6his school districton July 1 next following his election, or, if appointed, 7 at the regular meeting of the board of trustees next following such appoint- 8 ment. An oath of office shall be administered to each trustee, whether 9 elected, re-elected or appointed. Said oath may be administered by the clerk, 10 or by a trustee, of the district, and the records of the district shall show 11 such oath of office to have been taken, and by whom administered and shall be 12 filed with the official records of the district. 13 SECTION 35. That Sections 33-502A, 33-502C and 33-502D, Idaho Code, be, 14 and the same are hereby repealed. 15 SECTION 36. That Section 33-502B, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 33-502B. BOARD OF TRUSTEES -- ONE NOMINATION -- NO ELECTION. In any elec- 18 tion for trustees, if, after the expiration of the date for filing written 19 nominations for the office of trustee, it appears that only one (1) qualified 20 candidate has been nominated for a position to be filled or if only one (1) 21 candidate has filed a write-in declaration of intent as provided by section 2233-502A34-1407, Idaho Code, no election shall be held for that position, and 23 the board of trustees or the school district clerk with the written permission 24 of the board, shall within thirteen (13) days before the scheduled date of the 25 election declare such candidate elected as a trustee, and the school district 26 clerk shall immediately prepare and deliver to the person a certificate of 27 election signed by him and bearing the seal of the district. The procedure set 28 forth in this section shall not apply to any other school district election. 29 SECTION 37. That Section 33-503, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 33-503. ELECTION OF TRUSTEES -- UNIFORM DATE. The election of school dis- 32 trict trustees including those in charter districts shall be on thethird33 fourth Tuesday in May in odd-numbered years. Notice and conduct of the elec- 34 tion, and the canvassing of the returns shall be as provided insections3533-401 -- 33-406chapter 14, title 34, Idaho Code. In each trustee zone, the 36 person receiving the greatest number of votes cast within his zone shall be 37 declared by the board of trustees as the trustee elected from that zone. 38 If any two (2) or more persons have an equal number of votes in any 39 trustee zone and a greater number than any other nominee in that zone, the 40 board of trustees shall determine the winner by a toss of a coin. 41 SECTION 38. That Chapter 5, Title 33, Idaho Code, be, and the same is 42 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 43 ignated as Section 33-503A, Idaho Code, and to read as follows: 44 33-503A. TRANSITION OF SCHOOL TRUSTEE TERMS FROM THREE YEARS TO FOUR 45 YEARS. In order to achieve an orderly transition to terms of four (4) years, 46 and hold trustee elections in the odd-numbered years, the following schedule 47 shall be followed: 48 (1) For school districts with five (5) trustees: 35 1 (a) If two (2) trustees were elected to a regular trustee term in 2007, 2 and one (1) trustee was elected to a regular term in 2008, then these 3 three (3) trustees shall serve a term which expires on July 1, 2011, and 4 the trustees elected to a regular trustee term in 2009 shall serve a term 5 which expires on July 1, 2013. 6 (b) If two (2) trustees were elected to regular trustee terms in 2007, 7 and two (2) trustees were elected to regular trustee terms in 2008, then 8 those trustees elected in 2007 shall serve a term which expires on July 1, 9 2011, those elected in 2008 shall serve a term which expires on July 1, 10 2013, and the trustee elected to a regular trustee term in 2009 shall 11 serve a term which expires on July 1, 2013. 12 (c) If one (1) trustee was elected to a regular trustee term in 2007, the 13 trustee shall serve a term which expires on July 1, 2011, and the trustees 14 elected to a regular trustee term in 2008 shall serve a term which expires 15 on July 1, 2013. 16 (2) For school districts with six (6) trustees, two (2) trustees elected 17 to a regular term in 2007 shall serve a term which expires on July 1, 2011, 18 and two (2) trustees elected to a regular term in 2009 shall serve a term 19 which expires on July 1, 2013, and one (1) of the trustees elected to a regu- 20 lar term in 2008 shall serve until July 1, 2011, and one (1) of the trustees 21 elected to a regular term in 2008 shall serve until July 1, 2013, which shall 22 be determined by the toss of a coin. 23 (3) For school districts with seven (7) trustees, three (3) trustees 24 elected to a regular term in 2008 or 2009 shall serve until July 1, 2011, and 25 any remainder of the trustees elected in 2008 or 2009 shall serve until 2013, 26 which shall be determined by the toss of a coin; and trustees elected to a 27 regular term in 2010 shall serve until 2013. 28 (4) For elementary school districts with three (3) trustees, two (2) 29 trustees elected to a regular term in 2007 and 2008 shall serve until July 1, 30 2011, and one (1) trustee elected to a regular term in 2009 shall serve until 31 July 1, 2013. 32 SECTION 39. That Section 33-504, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 33-504. VACANCIES ON BOARDS OF TRUSTEES. A vacancy shall be declared by 35 the board of trustees when any nominee has been elected but has failed to 36 qualify for office, or within thirty (30) days of when any trustee shall (a) 37 die; (b) resign as trustee; (c) remove himself from his trustee zone of resi- 38 dence; (d) no longer be a resident or school district elector of the district; 39 (e) refuse to serve as trustee; (f) without excuse acceptable to the board of 40 trustees, fail to attend four (4) consecutive regular meetings of the board; 41 or (g) be recalled and discharged from office as provided insection 33-439,42Idaho Codelaw. 43 Such declaration of vacancy shall be made at any regular or special meet- 44 ing of the board of trustees, at which any of the above-mentioned conditions 45 are determined to exist. 46 The board of trustees shall appoint to such vacancy a person qualified to 47 serve as trustee of the school district provided there remains in membership 48 on the board of trustees a majority of the membership thereof, and the board 49 shall notify the state superintendent of public instruction of the appoint- 50 ment. Such appointment shall be made within ninety (90) days of the declara- 51 tion of vacancy. Otherwise, appointments shall be made by the board of county 52 commissioners of the county in which the district is situate, or of the home 53 county if the district be a joint district. 36 1 Any person appointed as herein provided shall serveuntil the annual meet-2ing of school district trustees next following such appointment. At the annual3election a trustee shall be elected to completefor the balance of the unex- 4 pired term of the office which was declared vacant and filled by appointment. 5The elected trustee shall assume office at the annual meeting of the6school district next following the election.7 SECTION 40. That Section 33-505, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-505. BOARD OF TRUSTEES, DISTRICT NEWLY CREATED. Within ten (10) days 10 after the entry of any order creating a new school district by the consolida- 11 tion of districts or parts thereof, the trustees of all school districts 12 involved in the consolidation shall meet at the call of the state board of 13 education and, from their number or from other qualified school district elec- 14 tors of the district, shall select a board of trustees of the new district to 15 serve until the annual election of trustees next following; and shall report 16 the names of said trustees to the state board of education. 17 The state board of education, at its first meeting next following receipt 18 of notice of the creation of new school districts by the division of a dis- 19 trict, shall appoint a board of trustees for each such new district, to serve 20 untilthe annual election of school district trusteesJuly 1 next following. 21 Boards of trustees selected or appointed as in this section provided shall 22 forthwith meet and organize as provided in section 33-506, Idaho Code, and 23 thereupon the board of trustees of any district, the whole of which has been 24 incorporated within the new district, or which was divided as the case may be, 25 shall be dissolved and its powers and duties shall cease. Prior to the notice 26 of annual election of trustees next following, the board of trustees of each 27 school district created by consolidation or by division of districts shall 28 determine by lot or by agreement from which of the trustee zones the trustees 29 therefor shall be elected.for a term of one (1) year, which for a term of two30(2) years, and which for a term of three (3) years.Thereafter each trustee 31 shall be elected for a term ofthreefour (34) years. 32 SECTION 41. That Section 33-601, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 33-601. REAL AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL OF 35 SAME. The board of trustees of each school district shall have the following 36 powers and duties: 37 1. To rent to or from others, school buildings or other property used, or 38 to be used, for school purposes. 39 2. To contract for the construction, repair, or improvement of any real 40 property, or the acquisition, purchase or repair of any equipment, or other 41 personal property necessary for the operation of the school district. 42 Except for the purchase of curricular materials as defined in section 43 33-118A, Idaho Code, such contract shall be executed in accordance with the 44 provisions of chapter 28, title 67, Idaho Code. 45 3. To designate and purchase any real property necessary for school pur- 46 poses or in the operation of the district, or remove any building, or dispose 47 of any real property. Prior to, but not more than one (1) year prior to, any 48 purchase or disposal of real property, the board shall have such property 49 appraised by an appraiser certified in the state of Idaho, which appraisal 50 shall be entered in the records of the board of trustees, and shall be used to 51 establish the value of the real property. The board of trustees shall deter- 37 1 mine the size of the site necessary for school purposes. The site shall be 2 located within the incorporated limits of any city within the district; pro- 3 vided, however, that if the board finds that it is not in the best interests 4 of the electors and the students of the district to locate the site within the 5 incorporated limits of a city, the board, by duly adopted resolution setting 6 forth the reasons for its finding, may designate a site located elsewhere 7 within the district. In elementary school districts, except upon removal for 8 highway purposes, a site may be designated or changed only after approval of 9 two-thirds (2/3) or more of the electors voting at the annual meeting. 10 4. (a) To convey, except as provided by paragraph (b) of this subsection, 11 by deed, bill of sale, or other appropriate instrument, all of the estate 12 and interest of the district in any property, real or personal. In elemen- 13 tary school districts, except such conveyance as is authorized by subsec- 14 tion 6. of this section, any of the transactions authorized in this sub- 15 section shall be subject to the approval of two-thirds (2/3) or more of 16 the electors voting at the annual meeting. 17 Prior to such sale or conveyance, the board shall have the property 18 appraised pursuant to this section, which appraisal shall be entered in 19 the records of the board of trustees. The property may be sold at public 20 auction or by sealed bids, as the board of trustees shall determine, to 21 the highest bidder. Such property may be sold for cash or for such terms 22 and conditions as the board of trustees shall determine for a period not 23 exceeding ten (10) years, with the annual rate of interest on all deferred 24 payments not less than seven percent (7%) per annum. The title to all 25 property sold on contract shall be retained in the name of the school dis- 26 trict until full payment has been made by the purchaser, and title to all 27 property sold under a note and mortgage or deed of trust shall be trans- 28 ferred to the purchaser at the point of sale under the terms and condi- 29 tions of the mortgage or deed of trust as the board of trustees shall 30 determine. Notice of the time and the conditions of such sale shall be 31 published twice, and proof thereof made, in accordance with subsectionsg.32and h.(2) and (3) of section 33-402, Idaho Code, except that when the 33 appraised value of the property is less than one thousand dollars 34 ($1,000), one (1) single notice by publication shall be sufficient and the 35 property shall be sold by sealed bids or at public auction. 36 The board of trustees may accept the highest bid, may reject any bid, 37 or reject all bids. If the real property was donated to the school dis- 38 trict the board may, within a period of one (1) year from the time of the 39 appraisal, sell the property without additional advertising or bidding. 40 Otherwise, the board of trustees must have new appraisals made and again 41 publish notice for bids, as before. If, thereafter, no satisfactory bid is 42 made and received, the board may proceed under its own direction to sell 43 and convey the property. In no case shall any real property of the school 44 district be sold for less than its appraisal. 45 The board of trustees may sell personal property, with an estimated 46 value of less than one thousand dollars ($1,000), without appraisal, by 47 sealed bid or at public auction, provided that there has been not less 48 than one (1) published advertisement prior to the sale of said property. 49 If the property has an estimated value of less than five hundred dollars 50 ($500), the property may be disposed of in the most cost-effective and 51 expedient manner by an employee of the district empowered for that purpose 52 by the board, provided however, such employee shall notify the board prior 53 to disposal of said property. 54 (b) Real and personal property may be exchanged hereunder for other prop- 55 erty. Provided, however, that aside from the provisions of this paragraph, 38 1 any school district may by a vote of one-half (1/2) plus one (1) of the 2 members of the full board of trustees, by resolution duly adopted, author- 3 ize the transfer or conveyance of any real or personal property owned by 4 such school district to the government of the United States, any city, 5 county, the state of Idaho, any hospital district organized under chapter 6 13, title 39, Idaho Code, any other school district, any library district, 7 any community college district, or any recreation district, with or with- 8 out any consideration accruing to the school district, when in the judg- 9 ment of the board of trustees it is for the interest of such school dis- 10 trict that said transfer or conveyance be made. Prior to any transfer or 11 conveyance of any real or personal property pursuant to this paragraph 12 4.(b), the board shall have the property appraised by an appraiser certi- 13 fied in the state of Idaho, which appraisal shall be entered in the 14 records of the board of trustees, and shall be used to establish the value 15 of the real or personal property. 16 5. To enter into contracts with any city located within the boundaries of 17 the school district for the joint purchase, construction, development, mainte- 18 nance and equipping of playgrounds, ball parks, swimming pools, and other rec- 19 reational facilities upon property owned either by the school district or the 20 city. 21 6. To convey rights-of-way and easements for highway, public utility, and 22 other purposes over, upon or across any school property and, when necessary to 23 the use of such property for any such purpose, to authorize the removal of 24 school buildings to such new location, or locations, as shall be determined by 25 the board of trustees, and such removal shall be made at no cost or expense to 26 the school district. 27 7. To authorize the use of any school building of the district as a com- 28 munity center, or for any public purpose, and to establish a policy of 29 charges, if any, to be made for such use. 30 8. To exercise the right of eminent domain under the provisions of chap- 31 ter 7, title 7, Idaho Code, for any of the uses and purposes provided in sec- 32 tion 7-701, Idaho Code. 33 9. If there is a great public calamity, such as an extraordinary fire, 34 flood, storm, epidemic, or other disaster, or if it is necessary to do emer- 35 gency work to prepare for national or local defense, or it is necessary to do 36 emergency work to safeguard life, health or property, the board of trustees 37 may pass a resolution declaring that the public interest and necessity demand 38 the immediate expenditure of public money to safeguard life, health or prop- 39 erty. Upon adoption of the resolution, the board may expend any sum required 40 in the emergency without compliance with this section. 41 SECTION 42. That Section 33-802, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 33-802. SCHOOL LEVIES. Any tax levied for school purposes shall be a lien 44 on the property against which the tax is levied. The board of trustees shall 45 determine the levies upon each dollar of taxable property in the district for 46 the ensuing fiscal year as follows: 47 (1) Bond, Interest and Judgment Obligation Levies. Such levies as shall 48 be required to satisfy all maturing bond, bond interest, and judgment obliga- 49 tions. 50 (2) Budget Stabilization Levies. School districts not receiving state 51 equalization funds in fiscal year 2006 may authorize a budget stabilization 52 levy for calendar year 2006 and each year thereafter. Such levies shall not 53 exceed the difference between the amount of equalized funds that the state 39 1 department of education estimates the school district will receive in fiscal 2 year 2007, based on the school district's fiscal year 2006 reporting data, and 3 the combined amount of money the school district would have received from its 4 maintenance and operation levy and state property tax replacement funds in 5 fiscal year 2007 under the laws of the state of Idaho as they existed prior to 6 amendment by the first extraordinary session of the fifty-eighth Idaho legis- 7 lature. The state department of education shall notify the state tax commis- 8 sion and affected counties and school districts of the maximum levy amounts 9 permitted, by no later than September 1, 2006. 10 (3) Supplemental Maintenance and Operation Levies. No levy in excess of 11 the levy permitted by this section shall be made by a noncharter district 12 unless such a supplemental levy in a specified amount and for a specified time 13 not to exceed two (2) years be first authorized through an election held sub- 14 ject to the provisions of section 34-106, Idaho Code, and pursuant tochapter154,title 334, Idaho Code, and approved by a majority of the district electors 16 voting in such election. A levy approved pursuant to this subsection may be 17 reduced by a majority vote of the board of trustees in the second year. 18 (4) Charter District Supplemental Maintenance and Operation. Levies pur- 19 suant to the respective charter of any such charter district shall be first 20 authorized through an election held subject to the provisions of section 21 34-106, Idaho Code, and pursuant tochapter 4,title 334, Idaho Code, and 22 approved by a majority of the district electors voting in such election. 23 (5) The board of trustees of any school district that has, for at least 24 seven (7) consecutive years, been authorized through an election heldpursuant25to chapter 4, title 33, Idaho Code,to certify a supplemental levy that has 26 annually been equal to or greater than twenty percent (20%) of the total gen- 27 eral maintenance and operation fund, may submit the question of an indefinite 28 term supplemental levy to the electors of the school district. Such question 29 shall clearly state the dollar amount that will be certified annually and that 30 the levy will be for an indefinite number of years. The question must be 31 approved by a majority of the district electors voting on the question in an 32 election held subject to the provisions of section 34-106, Idaho Code, and 33 pursuant tochapter 4,title 334, Idaho Code. The levy approved pursuant to 34 this subsection may be reduced by a majority vote of the board of trustees 35 during any fiscal year. 36 (6) A charter district may levy for maintenance and operations if such 37 authority is contained within its charter. In the event property within a 38 charter district's boundaries is contained in a revenue allocation area 39 established under chapter 29, title 50, Idaho Code, and such revenue alloca- 40 tion area has given notice of termination thereunder, then, only for the pur- 41 pose of determining the levy described in this subsection, the district may 42 add the increment value, as defined in section 50-2903, Idaho Code, to the 43 actual or adjusted market value for assessment purposes of the district as 44 such value existed on December 31 of the previous year. 45 SECTION 43. That Section 33-803, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 33-803. LEVY FOR EDUCATION OF CHILDREN OF MIGRATORY FARM WORKERS. In any 48 school district in which there is located any farm labor camp and the children 49 of migratory farm workers housed therein attend the schools of the district, 50 the board of trustees may make a levy not exceeding one tenth percent (.1%) of 51 the market value for assessment purposes on all taxable property within the 52 district, in addition to any other levies authorized by law, for the cost of 53 educating such children. 40 1 Whenever the aggregate of the levy herein authorized and other levies made 2 for maintenance and operation of the district shall exceed six tenths percent 3 (.6%) of the market value for assessment purposes on all taxable property 4 within the district, the levy authorized by this section must be approved by 5 the school district electors at a tax levy election held for that purpose. 6 Notice of such election shall be given, the election shall be conducted, and 7 the returns thereof made, as provided insections 33-401 through 33-406title 8 34, Idaho Code; and the question shall be approved only if a majority of the 9 qualified electors voting at such election vote in favor thereof.If the elec-10tion be held in conjunction with any other school election, the question11herein shall be submitted by separate ballot.12 SECTION 44. That Section 33-804, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 33-804. SCHOOL PLANT FACILITIES RESERVE FUND LEVY. In any school district 15 in which a school plant facilities reserve fund has been created, either by 16 resolution of the board of trustees or by apportionment to new districts 17 according to the provisions of section 33-901, Idaho Code, to provide funds 18 therefor the board of trustees shall submit to the qualified school electors 19 of the district the question of a levy not to exceed four-tenths of one per- 20 cent (.4%) of market value for assessment purposes in each year, as such valu- 21 ation existed on December 31 of the previous year, for a period not to exceed 22 ten (10) years. 23 The question of a levy to be submitted to the electors of the district and 24 the notice of such election shall state the dollar amount proposed to be col- 25 lected each year during the period of years in each of which the collection is 26 proposed to be made, the percentage of votes in favor of the proposal which 27 are needed to approve the proposed dollar amount to be collected, and the pur- 28 poses for which such funds shall be used. Said notice shall be given, the 29 election shall be held subject to the provisions of section 34-106, Idaho 30 Code, and conducted and the returns canvassed as provided inchapter 4,title 31 334, Idaho Code; and the dollar amount to be collected shall be approved only 32 if: 33 1. Fifty-five percent (55%) of the electors voting in such election are 34 in favor thereof if the levy will result in a total levy for school plant 35 facilities and bonded indebtedness of less than two-tenths of one percent 36 (.2%) of market value for assessment purposes as such valuation existed on 37 December 31 of the year immediately preceding the election; 38 2. Sixty percent (60%) of the electors voting in such election are in 39 favor thereof if the levy will result in a total levy for school plant facili- 40 ties and bonded indebtedness of two-tenths of one percent (.2%) or more and 41 less than three-tenths of one percent (.3%) of market value for assessment 42 purposes as such valuation existed on December 31 of the year immediately pre- 43 ceding the election; or 44 3. Two-thirds (2/3) of the electors voting in such election are in favor 45 thereof if the levy will result in a total levy for school plant facilities 46 and bonded indebtedness of three-tenths of one percent (.3%) or more of market 47 value for assessment purposes as such valuation existed on December 31 of the 48 year immediately preceding the election. 49 If the question be approved, the board of trustees may make a levy, not to 50 exceed four-tenths of one percent (.4%) of market value for assessment pur- 51 poses as such valuation existed on December 31 of the previous year, in each 52 year for which the collection was approved, sufficient to collect the dollar 53 amount approved and may again submit the question at the expiration of the 41 1 period of such levy, for the dollar amount to be collected during each year, 2 and the number of years which the board may at that time determine. Or, during 3 the period approved at any such election, if such period be less than ten (10) 4 years or the levy be less than four-tenths of one percent (.4%) of market 5 value for assessment purposes as such valuation existed on December 31 of the 6 previous year, the board of trustees may submit to the qualified school elec- 7 tors in the same manner as before, the question whether the number of years, 8 or the levy, or both, be increased, but not to exceed the maximum herein 9 authorized. If such increase or increases be approved by the electors, the 10 terms of such levy shall be in lieu of those approved in the first instance, 11 but disapproval shall not affect any terms theretofore in effect. 12 Any bonded indebtedness incurred in accordance with the provisions of sec- 13 tion 33-1103, Idaho Code, subsequent to the approval of a plant facilities 14 reserve fund levy shall not affect the terms of that levy for any time during 15 which such levy is in effect. 16 SECTION 45. That Section 33-1103, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 33-1103. DEFINITIONS -- BONDS -- LIMITATION ON AMOUNT -- ELECTIONS TO AU- 19 THORIZE ISSUANCE. (1) For the purposes of this chapter the following defini- 20 tions shall have the meanings specified: "Market value for assessment pur- 21 poses" means the amount of the last preceding equalized assessment of all tax- 22 able property and all property exempt from taxation pursuant to section 23 63-602G, Idaho Code, within the school district on the tax rolls completed and 24 available as of the date of approval by the electorate in the school bond 25 election. "Aggregate outstanding indebtedness" means the total sum of unre- 26 deemed outstanding bonds, minus all moneys in the bond interest and redemption 27 fund or funds accumulated for the redemption of such outstanding bonds, and 28 minus the sum of all taxes levied for the redemption of such bonds, with the 29 exception of that portion of such tax levies required for the payment of 30 interest on bonds, which taxes remain uncollected. "Issue," "issued," or 31 "issuance" means a formal delivery of bonds to any purchaser thereof and pay- 32 ment therefor to the school district. 33 (2) The board of trustees of any school district, upon approval of a 34 majority thereof, may submit to the qualified school district electors of the 35 district the question as to whether the board shall be empowered to issue 36 negotiable coupon bonds of the district in an amount and for a period of time 37 to be named in the notice of election. 38 (3) An elementary school district which employs not less than six (6) 39 teachers, or a school district operating an elementary school or schools, and 40 a secondary school or schools, or issuing bonds for the acquisition of a sec- 41 ondary school or schools, may issue bonds in an amount not to exceed five per- 42 cent (5%) of the market value for assessment purposes thereof, less the aggre- 43 gate outstanding indebtedness; and no other school district shall issue bonds 44 in an amount to exceed at any time two percent (2%) of the market value for 45 assessment purposes thereof less the aggregate outstanding indebtedness. The 46 market value for assessment purposes, the aggregate outstanding indebtedness 47 and the unexhausted debt-incurring power of the district shall each be deter- 48 mined as of the date of approval by the electors in the school bond election. 49 (4) Notice of the bond election shall be given, the election shall be 50 conducted and the returns thereof canvassed, and the qualifications of elec- 51 tors voting or offering to vote shall be, as provided insections 33-40152through 33-406title 34, Idaho Code. 53 (5) The question shall be approved only if the percentage of votes cast 42 1 at such election were cast in favor thereof is that which now, or may hereaf- 2 ter be, set by the constitution of the state of Idaho. Upon such approval of 3 the issuance of bonds, the same may be issued at any time after the date of 4 such election. 5 SECTION 46. That Section 33-1510, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 33-1510. CONTRACTS FOR TRANSPORTATION SERVICE. (1) All contracts entered 8 into by boards of trustees for the transportation of pupils shall be in writ- 9 ing using the current pupil transportation model contract developed by the 10 state department of education. School districts may attach to the model con- 11 tract addenda to meet local requirements. School districts shall submit to the 12 state superintendent of public instruction a copy of the pupil transportation 13 contract prior to both parties signing it, for a review of legal requirements 14 and appropriate costs and for final approval. The state superintendent of pub- 15 lic instruction shall respond to the school district within twenty-one (21) 16 calendar days of the postmarked receipt of the contract by notifying the 17 school district of contract approval or of recommended or required changes. A 18 school district may appeal to the state board of education any changes the 19 state superintendent requires, in which case the state board may, upon review, 20 approve the contract without such changes. 21 (2) No contract shall be executed covering a period of time exceeding 22 five (5) years. School districts shall advertise, bid and contract for all bus 23 transportation service routes at a single time, and contract with the lowest 24 responsible bidder or bidders meeting the specifications; provided that, one 25 (1) time only, a school district may renew a contract with the current con- 26 tractor if the board of trustees, after renegotiation with the contractor, 27 determines that the terms are satisfactory to the district. The board of 28 trustees may renew the contract for a term not to exceed five (5) years. 29 Renewal of any contract pursuant to this section shall not be granted unless 30 the provisions of this section were included, in a substantially conforming 31 summary, within the bidding notice, published pursuant to section 33-601, 32 Idaho Code, of the contract. 33 (3) Before entering into such contracts, the board of trustees shall 34 invite bids by twice giving notice as provided in section 33-402g.(2), Idaho 35 Code, and shall award the contract to the lowest responsible bidder. 36 SECTION 47. That Section 33-2106, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 33-2106. TRUSTEES OF COMMUNITY COLLEGE DISTRICTS. (1) The board of 39 trustees of each community college district shall consist of five (5) school 40 electors residing in the district who shall be appointed or elected as herein 41 provided. 42 (a) Immediately following the establishment of a community college dis- 43 trict, the state board of education shall appoint the members of the first 44 board, who shall serve until the election and qualification of their suc- 45 cessors. 46 (b) At the first election of trustees after the creation of a district, 47 five (5) trustees shall be elected: two (2) for terms of two (2) years 48 each, and three (3) for terms of four (4) years each. Thereafter the suc- 49 cessors of persons so elected shall be elected for terms of four (4) 50 years. 51 (c) Excluding any first election of trustees after the creation of a dis- 43 1 trict, at any other election of trustees held in 2008, and in each trustee 2 election thereafter, trustees shall be elected to terms of four (4) years. 3 If more than two (2) trustee positions are eligible for election in 2008, 4 one (1) trustee shall be elected to a term of four (4) years and two (2) 5 trustees shall be elected toaterms of six (6) years. Thereafter the suc- 6 cessors of persons so elected in 2008 shall be elected for terms of four 7 (4) years. 8 (d) The expiration of any term shall be at the regular meeting of the 9 trustees next following the election for the successor terms. 10 (2) Elections of trustees of community college districts shall be bienni- 11 ally inevenodd-numbered years, and shall be held on a date authorized in 12 section 34-106, Idaho Code. Vacancies on the board of trustees shall be filled 13 by appointment by the remaining members, but if by reason of vacancies there 14 remain on the board less than a majority of the required number of members, 15 appointment to fill such vacancies shall be made by the state board of educa- 16 tion. Any person so appointed shall serve until the next trustee election, at 17 which time his successor shall be elected for the unexpired term. The trustees 18 shall take and subscribe the oath of office required in the case of state 19 officers and said oath shall be filed with the secretary of state. 20 (3) Notice of the election, the conduct thereof, the qualification of 21 electors and the canvass of returns shall be as prescribed in chapter 14, 22 title 34, Idaho Code. 23 (4) The person or persons, equal in number to the number of trustees to 24 be elected for regular or unexpired terms, receiving the largest number of 25 votes shall be declared elected. An individual shall be a candidate for a spe- 26 cific position of the board and each candidate must declare which position he 27 seeks on the board of trustees. If it be necessary to resolve a tie between 28 two (2) or more persons, the board of trustees shall determine by lot which 29 thereof shall be declared elected. The clerk of the board shall promptly 30 notify any person by mail of his election, enclosing a form of oath to be sub- 31 scribed by him as herein provided. 32 (5)When elections held pursuant to this section coincide with other33elections held by the state of Idaho or any subdivision thereof, or any munic-34ipality or school district, the board of trustees may make agreement with the35body holding such election for joint boards of election and the payment of36fees and expenses of such boards of election on such proportionate basis as37may be agreed upon.38(6)At its first meeting following the appointment of the first board of 39 trustees, and at the first regular meeting following any community college 40 trustee election, the board shall organize, and shall elect one (1) of its 41 members chairman, one (1) a vice-chairman; and shall elect a secretary and a 42 treasurer, who may be members of the board; or one (1) person to serve as sec- 43 retary and treasurer, who may be a member of the board. 44 (76) The board shall set a given day of a given week in each month as its 45 regular meeting time. Three (3) members of the board shall constitute a quorum 46 for the transaction of official business. 47 (87) The authority of trustees of community college districts shall be 48 limited in the manner prescribed in section 33-507, Idaho Code. 49 SECTION 48. That Section 33-2111, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 33-2111. TAXES AND OTHER FINANCIAL SUPPORT FOR COMMUNITY COLLEGES. For 52 the maintenance and operation of each community college, in addition to the 53 income from tuition paid by students as hereinbefore provided, the board of 44 1 trustees may levy upon the taxable property within the district a tax not to 2 exceed one hundred twenty-five thousandths percent (.125%) of the market value 3 for assessment purposes on all taxable property within the district. 4 The tax levy determined by the board of trustees, within said limit, shall 5 be certified to the board of county commissioners in each county in which the 6 district may lie, not later than the second Monday in September of each year. 7 No levy in excess of one hundred twenty-five thousandths percent (.125%) of 8 the market value for assessment purposes on all taxable property within the 9 district shall be made unless a supplemental levy in a specified amount be 10 first authorized through an election held, as provided insections 33-40111through 33-406title 34, Idaho Code, as if the community college district were 12 a school district and approved by a majority of the district electors voting 13 in such election. 14 SECTION 49. That Section 33-2715, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 33-2715. BOARD OF TRUSTEES -- SELECTION -- NUMBER -- QUALIFICATIONS -- 17 TERM -- OATH -- APPOINTMENT OF FIRST BOARD. Each library district shall be 18 governed by a board of trustees of five (5) members elected or appointed as 19 provided by law, who at the time of their selection and during their terms of 20 office shall be qualified electors of the district and if trustee zones have 21 been established under section 33-2718, Idaho Code, shall be a resident of the 22 trustee zone.One (1) tTrustees shall be elected at eachannualtrustee elec- 23 tion, held in odd-numbered years on the uniform election date in May. The reg- 24 ular term of a trustee shall be forfivesix (56) years, or until his succes- 25 sor has been elected and qualified. Within ten (10) days after his appointment 26 an appointed trustee shall qualify and assume the duties of his office. An 27 elected trustee shall qualify and assume the duties of his office at the 28 annual meeting. All trustees qualify by taking the oath of office required of 29 state officers, to be administered by one (1) of the present trustees or by a 30 trustee retiring. 31 Following the initial establishment of a library district, the board of 32 county commissioners of the home county within five (5) days shall appoint 33 the members of the first board of trustees, who shall serve until the next 34annualelection of trustees held in an odd-numbered year or until their suc- 35 cessors are elected and qualified in an odd-numbered year. The initial elec- 36 tion of trustees shall be for terms ofone (1), two (2), three (3),four (4) 37and five (5)yearsrespectivelyfor two (2) trustees and thereafter their 38 terms shall be for six (6) years, terms of six (6) years for two (2) trustees 39 and thereafter their terms shall be for six (6) years, and a term of two (2) 40 years for one (1) trustee and thereafter the term shall be for six (6) years. 41 Addition of new territory to an existing library district shall not be consid- 42 ered an initial establishment. The first board of trustees shall be sworn by a 43 member of the board of county commissioners of the home county of the dis- 44 trict. 45 At its first meeting, and after each trustee election, the board shall 46 organize and elect from its membership a chairman and other officers necessary 47 to conduct the affairs of the district. 48 Members of the board shall serve without salary but shall receive their 49 actual and necessary expenses while engaged in business of the district. 50 In order to achieve an orderly transition to terms of six (6) years, and 51 hold trustee elections in odd-numbered years, the following schedule shall be 52 followed: 53 (1) For trustees elected in 2005, their terms shall expire in 2011 and 45 1 those elected in 2011 shall be elected for a term of six (6) years and 2 thereafter the term shall be for six (6) years; 3 (2) For trustees elected in 2006, their terms shall expire in 2011 and 4 those elected in 2011 shall be elected for a term of six (6) years and 5 thereafter the term shall be for six (6) years; 6 (3) For trustees elected in 2007, their terms shall expire in 2013 and 7 those elected in 2013 shall be elected for a term of six (6) years and 8 thereafter the term shall be for six (6) years; 9 (4) For trustees elected in 2008, their terms shall expire in 2013 and 10 those elected in 2013 shall be elected for a term of six (6) years and 11 thereafter the term shall be for six (6) years; 12 (5) For trustees elected in 2009, their terms shall expire in 2015 and 13 those elected in 2015 shall be elected for a term of six (6) years and 14 thereafter the term shall be for six (6) years. 15 SECTION 50. That Section 33-2716, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 33-2716. BOARD OF TRUSTEES -- NOMINATION AND ELECTION -- RECALL -- VACAN- 18 CIES. (1) The procedure for nomination and election of trustees of a library 19 district shall be as provided for in chapter 14, title 34, Idaho Code, and in 20 the general election laws of Idaho. If any two (2) or more candidates for the 21 same trustee position have an equal number of votes, the board of trustees 22 shall determine the winner by a toss of a coin. 23 (2) Notwithstanding the limitations of chapter 17, title 34, Idaho Code, 24 each library district trustee shall be subject to recall following procedures 25 as closely as possible to the procedures described for the recall of county 26 commissioners pursuant to chapter 17, title 34, Idaho Code. 27 Individuals signing a petition to recall a library trustee or voting in an 28 election to recall a library trustee shall meet the requirements of section 29 33-2702, Idaho Code. 30 If, pursuant to section 33-2717, Idaho Code, no election was held for the 31 trustee being recalled: 32 (a) The number of district electors required to sign the petition seeking 33 a recall election must be not less than fifty (50), or twenty percent 34 (20%) of the number of votes cast in the last trustee election held in the 35 library district, whichever is the greater. 36 (b) To recall any trustee, a majority of the votes cast at the recall 37 election must be in favor of the recall, and additionally, the number of 38 votes cast in the recall election must equal or exceed the number of votes 39 cast in the last trustee election held in the library district. 40 (3) A vacancy shall be declared by the board of trustees when any nominee 41 has been elected but has failed to qualify for office, or within thirty (30) 42 days of when any trustees shall (a) die; (b) resign from office; (c) no longer 43 reside in his respective trustee zone of residence; (d) no longer be a resi- 44 dent or qualified elector of the public library district; (e) refuse to serve 45 as trustee; (f) without excuse acceptable to the board of trustees, fail to 46 attend two (2) consecutive regular meetings of the board; or (g) be recalled 47 and discharged from office as provided in this chapter. 48 A declaration of vacancy shall be made at any regular or special meeting 49 of the board of trustees, at which any of the above-mentioned conditions is 50 determined to exist. 51 The board of trustees shall appoint to fill the vacancy, a person quali- 52 fied to serve as trustee of the public library district, provided there 53 remains in membership on the board of trustees a majority of the membership 46 1 thereof, and the board shall notify the board of library commissioners of the 2 appointment. This appointment shall be made within sixty (60) days of the dec- 3 laration of vacancy. In the event that the board of trustees fails to exercise 4 their authority, appointments shall be made by the board of county commission- 5 ers of the home county in which the district is located within thirty (30) 6 days after the expiration of the sixty (60) days allowed for trustees for this 7 action. 8 Any person appointed as provided in this chapter shall serve until the 9 nextannualelection of public library district trustees following the 10 appointment. At theannualelection a trustee shall be elected to complete the 11 unexpired term of the office which was declared vacant filled by appointment. 12 The elected trustee shall assume office at the first annual meeting of the 13 public library district following the election. 14 SECTION 51. That Section 33-2718, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 33-2718. CREATION OF TRUSTEE ZONES. Each library district may be divided 17 into five (5) trustee zones with each zone having approximately the same popu- 18 lation. To the maximum extent possible, boundaries of trustee zones shall fol- 19 low the existing boundaries of the electoral precincts of the county. They 20 shall be revised, as necessary, to equalize population and to follow new elec- 21 toral precinct boundaries following the publication of the report of each 22 decennial census. In order for a library district to be divided into trustee 23 zones, the board of trustees shall pass a motion declaring the district to be 24 divided into trustee zones and providing a legal description of each trustee 25 zone. The board of trustees shall transmit the motion along with the legal 26 description of the trustee zones to the board or boards of county commission- 27 ers in the county or counties where the library district is contained and to 28 the board of library commissioners. The board or boards of county commission- 29 ers shall have forty-five (45) days from the receipt of the motion and legal 30 description to reject, by adoption of a motion, the establishment of trustee 31 zones proposed by formal motion of the board of trustees of the library dis- 32 trict. If the board or boards of county commissioners do not reject the estab- 33 lishment of the trustee zones within the time limit specified, they shall be 34 deemed to be in full force and effect. If a library district is contained in 35 more than one (1) county, a motion of rejection adopted by one (1) board of 36 county commissioners shall be sufficient to keep the trustee zone plan from 37 going into effect. A board of county commissioners shall notify the library 38 board of trustees in writing if a proposal is rejected. 39 If a proposal for the establishment of trustee zones is rejected by a 40 board of county commissioners, the boundaries of the trustee zones, if any, 41 shall return to the dimensions they were before the rejection. Trustee zones 42 may be redefined and changed, but not more than once every two (2) years after 43 a new set of trustee zones are formally established and in full force and 44 effect. 45 At the next regular meeting of the board of trustees of the library dis- 46 trict following the creation of trustee zones, the public library district 47 board shall appoint from its membership or from other qualified electors resi- 48 dent in each trustee zone, a person from that zone to serve as a trustee until 49 the next regularly scheduled trustee election from that zone, which election 50 shall be held in an odd-numbered year. The initial election of trustees for 51 the trustee zones shall be for terms ofone (1), two (2), three (3),four (4) 52and five (5)yearsrespectivelyfor two (2) trustees and thereafter their 53 terms shall be for six (6) years, terms of six (6) years for two (2) trustees 47 1 and thereafter their terms shall be for six (6) years, and a term of two (2) 2 years for one (1) trustee and thereafter the term shall be for six (6) years, 3 with each zone being assigned an initial term length by a random drawing of 4 the numbers one (1) through five (5).Thereafter, a trustee from each zone5shall be elected once every five (5) years on a rotating basis with one (1)6zone voting each year.Only residents of the zone electing a trustee may vote. 7 The elector must be a resident of the same trustee zone as the candidate or 8 candidates for library district trustee for whom the elector offers to vote 9 for at least thirty (30) days preceding the election in which the elector 10 desires to vote. 11 In order to achieve an orderly transition to terms of six (6) years, and 12 hold trustee elections in odd-numbered years, the following schedule shall be 13 followed: 14 (1) For trustees elected in 2005, their terms shall expire in 2011 and 15 those elected in 2011 shall be elected for a term of six (6) years and 16 thereafter the term shall be for six (6) years; 17 (2) For trustees elected in 2006, their terms shall expire in 2011 and 18 those elected in 2011 shall be elected for a term of six (6) years and 19 thereafter the term shall be for six (6) years; 20 (3) For trustees elected in 2007, their terms shall expire in 2013 and 21 those elected in 2013 shall be elected for a term of six (6) years and 22 thereafter the term shall be for six (6) years; 23 (4) For trustees elected in 2008, their terms shall expire in 2013 and 24 those elected in 2013 shall be elected for a term of six (6) years and 25 thereafter the term shall be for six (6) years; 26 (5) For trustees elected in 2009, their terms shall expire in 2015 and 27 those elected in 2015 shall be elected for a term of six (6) years and 28 thereafter the term shall be for six (6) years. 29 SECTION 52. That Section 34-106, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 34-106. LIMITATION UPON ELECTIONS. On and after January 1,19942010, 32 notwithstanding any other provisions of the law to the contrary, there shall 33 be no more thanfourtwo (42) elections conducted in any county in any calen- 34 dar year, except as provided in this section, and except that elections to 35 fill vacancies in the United States house of representatives shall be held as 36 provided in the governor's proclamation. 37 (1) The dates on which elections may be conducted are: 38 (a)the first Tuesday in February of each year; and39(b) tThe fourth Tuesday in May of each year; and 40(c) the first Tuesday in August of each year; and41 (db)tThe Tuesday following the first Monday in November of each year. 42 (ec) In addition to the elections specified in paragraphs (a)throughand 43 (db) of this subsection (1), an emergency election may be called upon 44 motion of the governing board of a political subdivision. An emergency 45 exists when there is a great public calamity, such as an extraordinary 46 fire, flood, storm, epidemic, or other disaster, or if it is necessary to 47 do emergency work to prepare for a national or local defense, or it is 48 necessary to do emergency work to safeguard life, health or property. Such 49 a special election, if conducted by the county clerk, shall be conducted 50 at the expense of the political subdivision submitting the question. 51 (2) Candidates for office elected inFebruary,Mayor Augustshall take 52 office on the date specified in the certificate of election but not more than 53 sixty (60) days following the election. 48 1 (3) Candidates for office elected in November shall take office as pro- 2 vided in the constitution, or on January 1, next succeeding the November elec- 3 tion. 4 (4) The governing board of each political subdivision subject to the pro- 5 visions of this section, which, prior to January 1,19942010, conducted an 6 election for members of that governing board on a date other than a date per- 7 mitted in subsection (1) of this section, shall establish as the election date 8 for that political subdivision the date authorized in subsection (1) of this 9 section which falls nearest the date on which elections were previously con- 10 ducted, unless another date is established by law. 11 (5) The secretary of state is authorized to provide such assistance as 12 necessary, and to prescribe any needed rules, regulations or interpretations 13 for the conduct of elections authorized under the provisions of this section. 14 (6)School districts governed by title 33, Idaho Code, but not including15community colleges governed by chapter 21, title 33, Idaho Code, and wWater 16 districts governed by chapter 6, title 42, Idaho Code, are exempt from the 17 provisions of this section. 18 (7) Community colleges governed by chapter 21, title 33, Idaho Code, and 19 school districts are subject to the limitations specified in subsection (1) of 20 this section, except that school districts may also hold an election on the 21 second Tuesday in March of each year and on the second Tuesday in September of 22 each year. 23 (8) Initiative, referendum and recall elections conducted by any politi- 24 cal subdivision shall be held on the nearest date authorized in subsection (1) 25 of this section which falls more than forty-five (45) days after the clerk of 26 the political subdivision orders that such initiative, referendum or recall 27 election shall be held. 28 SECTION 53. That Section 34-602, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 34-602. PUBLICATION OF NOTICES FOR PRIMARY, GENERAL OR SPECIAL ELECTIONS 31 -- CONTENTS. The several county clerks shall publish at least two (2) times, 32 the notices for any primary, general or special election. The notice shall 33 state the date of the election, the polling place in each precinct and the 34 hours during which the polls shall be open for the purpose of voting, and 35 information about the accessibility of the polling places. 36 The first notice shall be published at least twelve (12) days prior to any 37 election and the second notice shall be published not later than five (5) days 38 prior to the election. The notice of election shall be published in at least 39 two (2) newspapers published within the county, but if this is not possible, 40 the notice shall be published in one (1) newspaper published within the county 41 or a newspaper which has general circulation within the county. The second 42 notice of election shall be accompanied by a facsimile, except as to size, of 43 the sample ballot for the election. 44 SECTION 54. That Section 34-1401, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 34-1401. ELECTION ADMINISTRATION. Notwithstanding any provision to the 47 contrary, theelection official of each political subdivisioncounty clerk 48 shall administer all elections on behalf of any political subdivision, subject 49 to the provisions of this chapter, including all special district elections 50 and elections of special questions submitted to the electors as provided in 51 this chapter.School districts governed by title 33, Idaho Code, and wWater 49 1 districts governed by chapter 6, title 42, Idaho Code, ground water recharge 2 districts governed by chapter 42, title 42, Idaho Code, ground water manage- 3 ment districts governed by chapter 51, title 42, Idaho Code, ground water dis- 4 tricts governed by chapter 52, title 42, Idaho Code, and irrigation districts 5 governed by title 43, Idaho Code,ground water districts governed by chapter652, title 42, Idaho Code, and municipal elections governed by the provisions7of chapter 4, title 50, Idaho Code,are exempt from the provisions of this 8 chapter. All municipal, school district and highway district elections shall 9 be conducted pursuant to the provisions of this chapter 14, title5034, Idaho 10 Code, except that they shall be governed by the elections dates authorized in11section 34-106, Idaho Code, the registration procedures prescribed in section1234-1402, Idaho Code, and the time the polls are open pursuant to section1334-1409, Idaho Code. For the purposes of achieving uniformity, the secretary 14 of state shall, from time to time, provide directives and instructions to the 15 various county clerks.and political subdivision election officials.Unless a 16 specific exception is provided in this chapter, the provisions of this chapter 17 shall govern in all questions regarding the conduct of elections on behalf of 18 all political subdivisions. In all matters not specifically covered by this 19 chapter, other provisions of title 34, Idaho Code, governing elections shall 20 prevail over any special provision which conflicts therewith. 21A political subdivision may contract with tThe county clerktoshall con- 22 ductall or part ofthe elections forthatpolitical subdivisions. In the23event of such a contract, the county clerkand shall perform all necessary 24 duties of the election official of a political subdivision including, but not 25 limited to, notice of the filing deadline, notice of the election, and prepa- 26 ration of the election calendar. 27 SECTION 55. That Section 34-1406, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 34-1406. NOTICE OF ELECTION. Theelection official of each political sub-30divisioncounty clerk shall give notice for each political subdivision for any 31 election by publishing such notice in the official newspaper of the political 32 subdivision. The notice shall state the date of the election, the polling 33 places, and the hours during which the polls shall be open for the purpose of 34 voting. The first publication shall be made not less than twelve (12) days 35 prior to the election, and the last publication of notice shall be made not 36 less than five (5) days prior to the election. For each primary, general and 37 special election, the county clerk shall cause to be published a facsimile, 38 except as to size, of the sample ballot in at least two (2) newspapers pub- 39 lished within the county, but if this is not possible, the sample ballot shall 40 be published in one (1) newspaper published within the county or newspaper 41 which has general circulation within the county. Such publication shall be in 42 conjunction with the second notice of election required by this section. 43 SECTION 56. That Section 34-2301, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 34-2301. APPLICATION FOR RECOUNT OF BALLOTS. Any candidate for federal, 46 state,orcounty or municipal office desiring a recount of the ballots cast in 47 any nominating or general election may apply to the attorney general therefor, 48 within twenty (20) days of the canvass of such election, by the state board of 49 canvassers if for federal and state office, or within twenty (20) days of the 50 canvass of such election by the county commissioners if for a county or munic- 51 ipal office. 50 1 SECTION 57. That Section 39-1324, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 39-1324. ELECTION -- MANNER OF CONDUCTING. Such election shall be held 4 and conducted in accordance with the general election laws of the state, 5 including the provisions of chapter 14, title 334, Idaho Code. 6 The board of county commissioners shall establish as many election pre- 7 cincts within such proposed district as may be necessary, and define the 8 boundaries thereof, which said precincts may thereafter be changed by the hos-9pital board of such district in case such district be organized.Said board of10 The countycommissionersclerk shallalsoappoint three (3) judges of election 11 one (1) of whom shall act as clerk for each such election precinct who shall 12 perform the same duties as judges of election under the general laws of the 13 state, and the result of such election shall be certified, canvassed and 14 declared by the board of county commissioners. The reasonable compensation of 15 said judges and clerks of election, and the expenses of publication of 16 notices, printing of ballots and furnishing of supplies for the election shall 17 be paid by the petitioners, and to this end the board of county commissioners 18 are empowered to require the deposit of all estimated costs in advance of such 19 election. 20 SECTION 58. That Section 39-1325A, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 39-1325A. PETITIONS FOR DISSOLUTION OF HOSPITAL DISTRICTS. (1) Proceed- 23 ings for the dissolution of a hospital district may be initiated by a petition 24 containing the signatures of qualified electors of the district or owners of 25 property within the district equal in number to ten percent (10%) of the qual- 26 ified electors and taxpayers of the district, the same percentage required for 27 the organization of the district, but not earlier than four (4) years after 28 the date of its establishment. 29 (2) The petition, when completed and verified, shall be filed with the 30 clerkof the courtof the county or counties if more than one (1) county is 31 involved. The countycommissionersclerk shall publish notice and the county 32 commissioners shall hold a hearing on the matter. If necessary, they shall 33 hold an election, subject to the provisions of section 34-106, Idaho Code, on 34 the matter. The hearing and election shall be held in accordance with the 35 terms and provisions ofsections 40-1803 through 40-1809title 34, Idaho Code. 36 The disposition of hospital district assets on dissolution and the provision 37 for payment of district indebtedness shall be made in accordance with the pro- 38 visions of sections 63-4105 and 63-4106, Idaho Code. 39 (3) If the hospital district embraces territory in more than one (1) 40 county, an election for its dissolution shall be deemed approved only if a 41 majority of the votes cast in each such county were cast in the affirmative. 42 If, upon the canvass of ballots, it be determined that the proposition has 43 been approved, the board of county commissioners of each county shall enter 44 its order to that effect, subject to the provisions of section 39-1325C, Idaho 45 Code, and the order shall by them be made a matter of record. 46 SECTION 59. That Section 39-1330, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 39-1330. BIENNIAL ELECTION OF BOARD MEMBERS -- TERMS OF OFFICE. On the 49firstfourth Tuesday ofFebruaryMay in the second calendar year after the 50 organization of any district, and on thefirstfourth Tuesday ofFebruaryMay 51 1 every second year thereafter, an election shall be held which shall be known 2 as the biennial election of the district.Prior to January 1, 1997, a board3may, by resolution adopted at a regular meeting of the board, designate the4fourth Tuesday in May as the election date of the district.5 At the first biennial election in any district hereafter organized and 6 each sixth year thereafter there shall be elected by the qualified electors of 7 the district three (3) members of the board to serve for a term of six (6) 8 years; at the second biennial election and each sixth year thereafter there 9 shall be elected two (2) members of the board to serve for a term of six (6) 10 years; at the third biennial election and each sixth year thereafter there 11 shall be elected two (2) members of the board to serve for terms of six (6) 12 years. 13thirty ( ) sixty ( )Nominations may be filed with the secretary of the 14 board not later than the sixth Friday preceding the election for which the 15 nomination is made, and if a nominee does not withdraw his name before the 16 first publication of the notice of election, his name shall be placed on the 17 ballot. The board shall provide for holding such elections and shall appoint 18 judges to conduct it; thesecretary of the districtcounty clerk shall give 19 notice of election by publication and shall arrange such other details in con- 20 nection therewith as the board may direct. The returns of the election shall 21 be certified to and shall be canvassed and declared by the board. The candi- 22 date or candidates according to the number of directors to be elected, receiv- 23 ing the most votes shall be elected. Any new member of the board shall qualify 24 in the same manner as members of the first board qualify. 25 In any election for director, if after the deadline for filing a declara- 26 tion of intent as a write-in candidate, it appears that only one (1) qualified 27 candidate has been nominated for a director's position, it shall not be neces- 28 sary for the candidate to stand for election, and the board of directors of 29 the district shall declare such candidate elected as a director, and the sec- 30 retary of the board of the district shall immediately make and deliver to such 31 person a certificate of election. 32 SECTION 60. That Section 39-1339, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 39-1339. CREATION OF INDEBTEDNESS FOR WORKS, IMPROVEMENTS OR EQUIPMENT -- 35 ELECTION ON PROPOSED INDEBTEDNESS. Whenever the board of the hospital district 36 shall by resolution, determine that the interest of said district and the pub- 37 lic interest or necessity demand, the acquisition, construction, installation, 38 or completion of any works or other improvements of facilities or the con- 39 struction, installation and maintenance of a hospital, hospital grounds, medi- 40 cal clinic, nursing home, nurses' quarters and other structural components or 41 fixtures, or for the enlargement, improvement and acquisition of existing hos- 42 pital, hospital grounds, medical clinic, nursing home, nurses' quarters and 43 other structural components or fixtures, or the making of any contract with 44 the United States or other persons or corporations, public or private, munici- 45 palities or governmental subdivisions to carry out the said public works, 46 acquisitions, improvements, objects or purposes of said district requiring the 47 creation of an indebtedness of one hundred thousand dollars ($100,000) or 48 more, and in any event when the indebtedness will exceed the income and reve- 49 nue provided for the year, the board shall order the submission of the propo- 50 sition of issuing such obligations or bonds or creating other indebtedness to 51 the qualified electors of the district at an election held, subject to the 52 provisions of section 34-106, Idaho Code, for that purpose; whenever the board 53 of the hospital district shall by resolution determine that the interest of 52 1 said district and the public interest or necessity demand the acquisition of 2 medical or business equipment for said district requiring the creation of an 3 indebtedness of one hundred thousand dollars ($100,000) or more and, in any 4 event, when the indebtedness will exceed the income and revenue as provided 5 for the year, the board shall order the submission of the proposition of cre- 6 ating such indebtedness to the qualified electors of the district at an elec- 7 tion, subject to the provisions of section 34-106, Idaho Code, held for that 8 purpose; provided, however, that no election shall be required for any lease 9 or other transaction entered into between the hospital district and the Idaho 10 health facilities authority. Notwithstanding any other provision, the hospital 11 district shall be entitled to enter into a lease or other transaction regard- 12 less of the amount involved with the Idaho health facilities authority upon 13 determination by the board of the hospital district that it is in the interest 14 of the hospital district and best interests of the public to enter into such 15 lease or other transaction. The declaration of public interest or necessity, 16 herein required, and the provision for the holding of such election may be 17 included within one (1) and the same resolution, which resolution, in addition 18 to such declaration of public interest or necessity shall recite the objects 19 and purposes for which the indebtedness is proposed to be incurred, the esti- 20 mated costs of the works, improvements, or medical or business equipment, as 21 the case may be, the amount of principal of the indebtedness to be incurred 22 therefor, and the maximum rate of interest to be paid on such indebtedness. 23 Such resolutions shall also fix the date upon which such election shall be 24 held, and the manner of holding the same in accordance with the provisions of 25 title 34, Idaho Code, and the method of voting for or against the incurring of 26 the proposed indebtedness; such resolution shall also fix the compensation to 27 be paid the officers of the election and shall designate the polling place or 28 places and the county clerk shall appoint for each polling place, from the 29 qualified electors of the district, the officers of such election, consisting 30 of three (3) judges, one (1) of whom shall act as the clerk, provided, how- 31 ever, that no district shall issue or have outstanding its coupon bonds in 32 excess of two percent (2%) of the market value for assessment purposes of the 33 real and personal property within the said district, according to the assess- 34 ment of the year preceding any such issuance of such evidence of indebtedness 35 for any or all of the propositions specified in this election, provided, how- 36 ever, that such bonds shall not be issued, nor shall any indebtedness be 37 incurred, at any time that there shall be a bond issue outstanding and unpaid 38 for the construction, acquisition or maintenance of a county hospital in the 39 county in which such district is organized. 40 SECTION 61. That Section 39-1340, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 39-1340. NOTICES OF ELECTION ON PROPOSED INDEBTEDNESS. When such election 43 is ordered to be held, subject to the provisions of section 34-106, Idaho 44 Code, the board shall direct the county clerk to give notice by publication 45 once not less than twelve (12) days prior to the election and a second time 46 not less than five (5) days prior to the election published in one (1) or more 47 newspapers within the district, if a newspaper is published therein. Said 48 notices shall recite the action of the board in deciding to bond the district, 49 the purpose thereof and the amount of the bonds supposed to be issued, the 50 estimated costs of the works or improvements as the case may be, the amount of 51 principal of the indebtedness to be incurred therefor, and the maximum rate of 52 interest to be paid on such indebtedness, and shall also specify the date of 53 the election, the time during which the polls shall be open. Notices shall 53 1 also name the place holding the election. 2 SECTION 62. That Section 39-1341, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 39-1341. CONDUCT OF ELECTION FOR PROPOSED INDEBTEDNESS. Theelection5board or boardscounty clerk shall conduct the election in a manner prescribed 6 by lawfor the holding of general elections and shall take their returns to7the secretary of the district at any regular or special meeting of the board8held within five (5) days following the date of such electionin title 34, 9 Idaho Code. The returns thereof shall be canvassed and the results thereof 10 shall be declared. 11 SECTION 63. That Section 40-819, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 40-819. ELECTION TO INCREASE LEVY -- NOTICE. (1) Whenever the levies pro- 14 vided by law to be made by highway district commissioners will not, in the 15 opinion of the highway district commissioners, produce a sufficient amount of 16 money for the use of the highway district for their purposes, the highway dis- 17 trict board may by order authorize the holding of an election within the high- 18 way district, at which election the voters may determine whether or not any 19 levy for any purpose authorized by law for highway districts shall be 20 increased to produce revenues for those purposes. If at the election the 21 majority of the qualified voters shall vote in favor of increasing any of the 22 levies, the levies may be increased. The increase shall not exceed an addi- 23 tional twenty per cent (20%) of the levy authorized by law for that purpose. 24 (2) The highway district commissioners shall designate thetime and place25of holdingdate of the election that is in accordance with the dates allowed 26 in section 34-106, Idaho Code, and which shall be held within the highway dis- 27 trict.The election shall be held between the fifteenth of June and the fif-28teenth of August of the year in which the levy is to be made.Notice of the 29 election shall be given byposting notices in three (3) public places within30the highway district at least fifteen (15) days prior to the election and by31publishing the noticethe county clerk in accordance with the provisions of 32 title 34, Idaho Code, and section 40-206, Idaho Code. The notice shall state: 33 (a) The time and place of holding the election; 34 (b) The amount of money which the levy authorized by law to be made by 35 the highway district commissioners will produce; 36 (c) The amount of money in excess of each of the levies desired to be 37 raised by the highway district commissioners, and generally the purpose 38 for which the additional money is to be used; 39 (d) If at the election a majority of the qualified voters voting vote in 40 favor of increasing the levy that the levy may be increased in an amount 41 not exceeding twenty per cent (20%) of the levy provided by law; and 42 (e) The additional levy, if authorized by a majority vote at the elec- 43 tion, will when added to the levy provided by law provide sufficient money 44 for the particular purpose of which the levy is authorized. 45 SECTION 64. That Section 40-1101, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 40-1101. BONDS -- FUNDING. Every highway district is granted the author- 48 ity under article VIII of the Idaho constitution to issue negotiable coupon 49 bonds for construction, improvements or repairs of any highways or structures 54 1 in the district; for the purchase of material and machinery; for contracting 2 highway engineering and construction; for the necessary expenses of the dis- 3 trict in connection with these purposes; or for any or all of these or con- 4 nected purposes. Every highway district is also granted the authority by reso- 5 lution of its board of commissioners, without election, to issue negotiable 6 coupon bonds for the purposes of funding or refunding any existing indebted- 7 ness, whether the indebtedness exists as warrant indebtedness or otherwise. 8 Where an election is required under the provisions of article VIII of the 9 Idaho constitution to authorize a bond issue, the election may bea special10election or it may beheld with other elections. Elections shall be conducted,11as nearly as possible,by the county clerk in the same manner as county elec- 12 tions. Authorization for the issuance, sale and redemption of bonds other than 13 funding or refunding existing indebtedness, shall be as provided by chapter 2, 14 title 57, Idaho Code. The total amount of bonds any district has issued and 15 outstanding at any time shall not exceed two per cent (2%) of the market value 16 for assessment purposes of all the taxable property in the district as shown 17 by the last preceding assessment list. 18 SECTION 65. That Section 40-1304, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 40-1304. DIVISION OF DISTRICTS INTO SUBDISTRICTS -- VACANCY IN OFFICE OF 21 HIGHWAY COMMISSIONER. (1) At the meeting of the county commissioners at which 22 the highway district is declared organized, the commissioners shall divide the 23 highway district into three (3) subdistricts, as nearly equal in population, 24 area and mileage as practicable, to be known as highway commissioners subdis- 25 tricts one, two and three. Subdistricts may be revised or modified by the 26 highway district commissioners as changes in conditions demand. Not more than 27 one (1) of the highway district commissioners shall be an elector of the same 28 highway subdistrict. The first highway district commissioners appointed by the 29 governor shall serve until the next highway district election, at which their 30 successors shall be elected. The highway commissioners shall take officeon31October 1on the date specified in the certificate of election but not more 32 than sixty (60) days following their election. 33 (2) Any vacancy occurring in the office of highway commissioner, other 34 than by expiration of the term of office, shall be determined by the remaining 35 highway district commissioners using the criteria established in section 36 59-901, Idaho Code. If it is determined that a vacancy has occurred, the com- 37 missioners shall declare there is a vacancy and such vacancy shall be filled 38 by the highway district board and be for the balance of the term of the person 39 replaced. If the remaining highway district commissioners are unable to agree 40 on a person to fill the vacancy within ten (10) days after the vacancy occurs, 41 the chairman of the county commissioners of the county with the largest number 42 of electors in the highway district shall then become a member of the highway 43 district board for the purpose of filling the vacancy only. If a majority of 44 the highway district board so constituted shall be unable to agree upon a per- 45 son to fill the vacancy within ten (10) days, or if two (2) or more vacancies 46 shall occur in the board of highway commissioners at one (1) time, a special 47 election to fill the vacancy shall be called and held in the same manner pro- 48 vided by law for the holding of elections for highway commissioners, except 49 that the date of the election shall be as soon as possible, and all duties 50 imposed by law upon the highway district board in connection with elections 51 shall be performed by the county commissioners. 52 (3) When there are two (2) or more vacancies on the highway district 53 board at the same time, the chairman of the county commissioners along with 55 1 the additional county commissioners that the county commission chairman 2 appoints, and with the remaining highway district commissioner, if applicable, 3 shall constitute a temporary board of highway district commissioners. The tem- 4 porary board of highway district commissioners shall perform the duties 5 required by law of a highway district board of commissioners until the newly 6 elected highway commissioners take office. 7 SECTION 66. That Section 40-1305, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 40-1305. ELECTION OF HIGHWAY COMMISSIONERS -- TERM OF OFFICE. (1) On the 10firstfourth Tuesday ofAugustMay of the next odd-numbered year following the 11 appointment of the first highway district commissioners, commissioners from 12 subdistricts one and two shall be elected for a term of two (2) years. There- 13 after the term of office of all commissioners shall be four (4) years.Highway14district commissioners elected prior to January 1, 1994, for a term to expire15on January 1, 1996, shall continue in office until October 1, 1995. Highway16district commissioners elected prior to January 1, 1994, for a term to expire17on January 1, 1998, shall continue in office until October 1, 1997. Elections18for commissioners of each of the subdistricts shall continue on the schedule19previously established.20 (2) Alternative election of highway commissioners -- Term of office. 21 (a) Notwithstanding subsection (1) of this section, highway district com- 22 missioners may, upon the unanimous agreement of the existing board of 23 highway district commissioners, adopt an alternative term of office, 24 whereby a single highway district commissioner shall be elected each year 25 for three (3) years and in the fourth year no election shall be held. 26 (b) An election pursuant to paragraph (a) of this subsection shall be 27 conducted in the following manner: 28 (i) The commissioner representing subdistrict one shall be elected 29 for a term of four (4) years upon the expiration of the existing 30 term; 31 (ii) The commissioner representing subdistrict two shall be elected 32 for a term of five (5) years upon the expiration of the existing 33 term; and 34 (iii) Each year thereafter, one (1) commissioner shall be elected, 35 except for the fourth year when no election shall be held. 36 (c) If an alternative election is held pursuant to this subsection, the 37 highway district shall not revert to the former manner of elections and 38 terms of office until eight (8) years after such election. 39 Each highway commissioner shall be elected on a district wide basis. 40 SECTION 67. That Section 40-1305A, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 40-1305A. ELECTION ADMINISTRATION. Highway district commissioners shall 43 have authority toadministerorder highway district elections in accordance 44 with the provisions ofthis chapter. The commissioners shall select polling45places and appoint an election official and election judges and clerks and set46their compensation. In all matters not specifically covered by this chapter47 section 34-106, Idaho Code, and the provisions of title 34, Idaho Code, shall 48 govern the procedure for highway district elections. 49Highway districts may contract with tThe county clerktoshall conductall50or part ofthe elections for a highway district. In the event of such a con-51tract, the county clerkand shall perform all necessary duties of the election 56 1 official of a highway district including, but not limited to, notice of the 2 filing deadline, notice of the election, and preparation of the election cal- 3 endar. 4 SECTION 68. That Section 40-1305D, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 40-1305D. NOTICE OF ELECTION FILING DEADLINE. (1) The nomination for 7 highway district commissioner shall be filed not later than the sixth Friday 8 preceding the election for which the nomination is made. 9 (2) Not more than fourteen (14) days nor less than seven (7) days preced- 10 ing the candidate filing deadline for an election, theelection official of11the highway districtcounty clerk shall cause to be published a notice of the 12 forthcoming candidate filing deadline. The notice shall include not less than 13 the name of the highway district, the place where filing for each subdistrict 14 takes place, and a notice of the availability of declarations of candidacy. 15 The notice shall be published in the official newspaper of the highway dis- 16 trict. 17It shall be the duty of the election official of the highway district to18notify the county clerk, not later than the last day of November, of any elec-19tion for that political subdivision to occur during the next calendar year. In20the event of failure to so notify the county clerk, the election official of21the highway district shall cause to be published notice of the omitted elec-22tion as soon as he is aware of the omission. This publication shall be in23addition to the publication required in paragraph (2) of this section.24 SECTION 69. That Section 40-1305E, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 40-1305E. NOTICE OF ELECTION. Theelection official of the highway dis-27trictcounty clerk shall give noticefor the election by publishing such28notice in the official newspaper of the highway district. The notice shall29state the date of the election, the polling places, and the hours during which30the polls shall be open for the purpose of voting. The first publication shall31be made not less than twelve (12) days prior to the election, and the last32publication of notice shall be made not less than five (5) days prior to the33electionas specified in section 34-602, Idaho Code. 34 SECTION 70. That Section 40-1305H, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 40-1305H. ABSENTEE BALLOTS. Any registered elector may vote at the high- 37 way district election by absentee ballot and theelection official of the38highway districtcounty clerk shall provide an absentee ballot, receive the 39 returned ballot and count the ballot as provided in chapter 10, title 34, 40 Idaho Code. In the event of a written application to the county clerk for an 41 absentee ballot, the application shall be deemed to be an application for all 42 ballots to be voted in the election, and the county clerkshall notify the43election official of the highway district conducting an election at that date,44and the election officialshall provide the ballot of the highway district to 45 the elector. 46 Upon the return of an absentee ballot, theelection official shall enclose47the same unopened in a carrier envelope indorsed with the name and official48title of the election official and the words: "absent electors' ballot to be49opened at the polls." He shall hold the same until delivery of the official57 1ballots to the judges of election of the precinct in which the elector resides2and shall deliver the ballot or ballots to the judges with the official bal-3lots. Between opening and closing of the polls on election day, the judges of4each precinct shall open the carrier envelope, announce the absent elector's5name, and compare the signature upon the return envelope with the elector's6registration card, and upon verification, deposit the ballot envelopes in the7proper ballot boxes and cause the absent elector's name to be entered on the8poll books and his registration card marked the same as though he had been9present and voted in person. The ballot envelope shall not be opened until the10ballots are countedcounty clerk shall receive the returned ballot and count 11 the ballot as provided in chapter 10, title 34, Idaho Code. 12 SECTION 71. That Section 40-1305I, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 40-1305I. CONDUCT OF ELECTION ON ELECTION DAY. At all highway district 15 elections, thepolls shall be opened at 8:00 a.m. and remain open until all16registered electors of that precinct have appeared and voted or until 8:0017p.m. of the same day, whichever comes first. However, the election official18may, at his option, open the polls in his jurisdiction at 7:00 a.m.19Highway districts conducting elections on the same date as any other20political subdivisions shall, whenever practicable, use the same polling21places and share the services of the judges and clerkselection shall be con- 22 ducted by the county clerk as provided in chapter 11, title 34, Idaho Code. 23 SECTION 72. That Section 40-1305J, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 40-1305J. CANVASS OF VOTES.(1) When the polls are closed the judges must26immediately proceed to count the ballots cast at such election. The counting27must be continued without adjournment until completed and the result declared.28(2)The canvass of election results shall proceed in the manner provided 29 in chapter 12, title 34, Idaho Code. 30 SECTION 73. That Sections 40-1305K, 40-1305L, 40-1305M, 40-1305N, 31 40-1305O, 40-1305P and 40-1305Q, Idaho Code, be, and the same are hereby 32 repealed. 33 SECTION 74. That Section 40-1305KK, Idaho Code, be, and the same is 34 hereby amended to read as follows: 35 40-1305KK. FIXING DATE FOR RECALL ELECTION -- NOTICE. If, after verifying 36 and canvassing the signatures, therecall election officialcounty clerk finds 37 that the petition forms bear the required number of signatures of certified 38 qualified electors, therecall election officialcounty clerk shall promptly 39 certify the petitions as sufficient and fix a date for the recall election.to40determine if the commissioner charged shall be recalled and discharged from41office, or retained in office. The recall election shall be held on the near-42est date provided for election in section 34-106, Idaho Code, after the date43of the certification.Public notice of the recall election shall be given and 44 the election shall be conducted in the manner as required bylaw for the regu-45lar elections of the highway district as provided in section 40-1305Etitle 46 34, Idaho Code. 47 SECTION 75. That Sections 40-1305LL and 40-1305OO, be, and the same are 58 1 hereby repealed. 2 SECTION 76. That Section 40-1402, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 40-1402. APPLICABILITY OF GENERAL ELECTION LAWS --NOTICE OF ELECTION --5POLLING PLACES -- CANVASSING VOTE --PAYMENT OF COST. (1) All laws of the 6 state of Idaho relating to the holding of elections at the county level shall 7 apply to the holding of special elections provided for in this chapter.,8except as may be specifically modified herein. In addition to other require-9ments:10(a) The notice of election shall notify the electors of the issue to be11voted upon at the election, and publication of the notice shall be as12required by section 40-206, Idaho Code.13(b) The commissioners in the notice of election shall designate the poll-14ing places in each precinct as shall adequately provide for the vote at15the election. Every qualified elector of the precinct who has resided in16the precinct for thirty (30) or more days prior to the election and who17was registered to vote at the last general election, or who has subse-18quently registered to vote, may vote.19(c) The vote shall be canvassed by the commissioners within five (5) days20of the election.21 (2) The cost of holding special elections shall be paid by the county. 22 SECTION 77. That Section 40-1409, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 40-1409. EXPENSES OF ELECTION --PRORATION TO EXISTING SYSTEMS AND DIS-25TRICTS --APPEALS. In all counties where elections are held under the provi- 26 sions of this chapter, county commissioners shall pay expenses of the elec- 27 tions from thegeneralelection fund of the county.The expense shall be pro-28rated by the commissioners according to the mileage, market value for assess-29ment purposes, and the population to city highway systems, highway districts,30and the county, and upon certification of this pro rata share by the commis-31sioners, that share shall be paid to the county.Any appeals shall follow the 32 appeals procedure set forth in section 40-17056, Idaho Code, for appeals from 33 readjustment of district borders. 34 SECTION 78. That Section 40-1416, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 40-1416. AUTHORIZATION FOR VOTERS TO APPROVE VEHICLE REGISTRATION FEE. 37 (1) Notwithstanding the provisions of section 49-207, Idaho Code, the voters 38 of any county in which a county-wide highway district is organized pursuant to 39 chapter 14, title 40, Idaho Code, may authorize the county-wide highway dis- 40 trict to adopt a resolution by a majority vote of the county-wide highway dis- 41 trict commissioners to implement and collect a motor vehicle registration fee 42 not to exceed two (2) times the amount established in section 49-402, Idaho 43 Code. The authorization to adopt, implement, and collect a vehicle registra- 44 tion fee may be made by the registered voters of the county only at a general 45 election held in even-numbered years, and a simple majority of the votes cast 46 on the question shall be necessary to authorize the fee. 47 (2) In any election, the resolution submitted to the county voters shall: 48 (a) State the exact rate of the fee; and 49 (b) State the duration of the fee. 59 1 No rate shall be increased and no duration shall be extended without the 2 approval of the voters, by the same simple majority of the votes cast. 3 An election to approve or disapprove the adoption of a vehicle registra- 4 tion fee may be called for by the adoption of a resolution by a majority vote 5 of the county-wide highway district commissioners. Any costs incurred to con- 6 duct the election for the districtshall be a charge against the district, and7 shall be paid by thedistrictcounty. 8 (3) Any county-wide highway district authorized to adopt a resolution for 9 a vehicle registration fee shall contract with the department for the collec- 10 tion, distribution, and administration of the fee in like manner, and under 11 the definitions,and rules, and regulationsfor the collection and administra- 12 tion of other registration fees as set forth in chapter 4, title 49, Idaho 13 Code. Monthly, following receipt by the department of revenues from the imple- 14 mentation of a vehicle registration fee, the department shall remit the same 15 to the county-wide highway district implementing such fee, less a deduction 16 for such amount as may be agreed upon between the department and the commis- 17 sioners of the county-wide highway district, for the department's actual 18 costs for collection and administration of the fee. The vehicle registration 19 fee shall not become part of the state highway account or state highway dis- 20 tribution account. 21 (4) The county-wide highway district must use the funds generated by a 22 vehicle registration fee exclusively for the construction, repair, mainte- 23 nance, and traffic supervision of the highways within its jurisdiction, and 24 the payment of interest and principal of obligations incurred for said pur- 25 poses. 26 (5) Sections 49-405, 49-408, 49-416, 49-404, 49-409, 49-415, and 49-410, 27 Idaho Code, shall be subject to the provisions of this code section. 28 SECTION 79. That Section 40-1418, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 40-1418. PROCEEDINGS FOR DISSOLUTION OF EXISTING SINGLE COUNTYWIDE HIGH- 31 WAY DISTRICT. All proceedings for the dissolution of single countywide highway 32 districts shall be initiated by a petition of ten percent (10%) or more of the 33 qualified electors residing in each of the county commissioner subdistricts, 34 addressed to the commissioners of the county in which the single countywide 35 highway district is situate, and which shall concisely state the grounds or 36 reasons for the dissolution and contain a request for a hearing of the peti- 37 tion. A hearing on the petition shall be conducted pursuant to sections 38 40-1803 through 40-1805, Idaho Code. Following the hearing on the petition, 39 the election and process for dissolution shall be conducted as provided in 40sections 40-1806 through 40-1821title 34, Idaho Code. The election shall be 41 held at the next general election and in the event a majority of the qualified 42 electors at the election vote in favor of dissolution, the commission shall 43 immediately make and enter an order declaring the single countywide highway 44 district dissolved. 45 SECTION 80. That Section 40-1506, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 40-1506. POLLING PLACES -- ELECTION OFFICERS. The commissioners of each 48 county concerned shall meet within thirty (30) days, in either special or reg- 49 ular session and, by order, enter in their minutes and designate the polling 50 places in each of the concerned highway districts situated in the county, and 51 the county clerk shall appoint two (2) or more judges and one (1) or more 60 1 clerks for each polling place, who shall possess the qualifications necessary 2 to entitle them to vote at an election of highway district commissioners in 3 the highway district proposed for consolidation. 4 SECTION 81. That Section 40-1507, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 40-1507. NOTICE OF ELECTION -- PUBLICATION AND CONTENTS. The commission- 7 ers of each county shall require its clerk to give notice of the electionby8causing notices to be posted in at least three (3) public places within each9of the highway districts situated within the county and concerned in the pro-10posed consolidation for at least twenty-one (21) days prior to the date of11election, and in addition to the posting, shall cause a copy of the notice to12be publishedin accordance with the provisions ofsection 40-206title 34, 13 Idaho Code. The notice shall state the purpose and date of the election, the 14 hours during which the polls shall be open and list the polling places and the 15 qualifications required of voters, in addition to the following: the name and 16 general description of the respective highway districts proposed to be consol- 17 idated; the market value for assessment purposes of all the property situated 18 in each of the concerned highway districts, as shown by the last county 19 assessment rolls; the total bonded and current warrant and other indebtedness 20 of each of the highway districts; the preceding ad valorem highway tax levy of 21 each of the highway districts; and the total bonded and current warrant and 22 other indebtedness of the proposed consolidated highway district. 23 SECTION 82. That Section 40-1508, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 40-1508.SEPARATEELECTIONS -- TIME OF HOLDING. An election held under 26 the provisions of this chapter shall beseparate and distinctheld in each of 27 the highway districts and counties affected by the proposed consolidation and 28 shall be held on the same dayand between the hours of 8:00 a.m. and 8:00 p.m.29 and conducted in accordance with the provisions of title 34, Idaho Code. 30 SECTION 83. That Section 40-1511, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 40-1511. COUNT OF VOTES --RETURN OF ELECTION --CANVASS -- ORDER FOR 33 CONSOLIDATION. Immediately following the close of the polls the boards of 34 election shallcompute the result of the election making the count in public35view, and upon completion shall make a return of the election to the clerk of36the commissioners of their respective counties, upon forms to be supplied by37the clerk, and shall transmit with the returns all ballots cast at the elec-38tion, whether or not the ballots were counted by the election board or39rejected by them. At the earliest possible date thereaftercount the votes in 40 accordance with the provisions of title 34, Idaho Code, the commissioners 41 shall meet separately at their respective county seats, and canvass the 42 returnsof the election boardswithin their counties.and wWithin fifteen (15) 43 days after the canvass, the commissioners shall meet in joint session at a 44 location as shall be agreed upon by them and compile the total votes cast in 45 their respective counties for or against the proposal to consolidate the high- 46 way districts concerned. If the proposal carried in each of the highway dis- 47 tricts concerned, the county commissioners in the joint meeting shall make and 48 enter an order declaring the districts consolidated in one (1) highway dis- 49 trict of a name or designation as may be ordered by them, and at that time the 61 1 consolidation shall be effective. The highway districts having been consoli- 2 dated shall remain in operation, with all legal authority of a highway dis- 3 trict, until the newly appointed highway commissioners of the consolidated 4 highway district meet and organize as provided in this chapter. 5 SECTION 84. That Section 40-1519, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 40-1519. EXPENSES OF ELECTION --PRORATION TO HIGHWAY DISTRICTS --8 APPEALS. In all counties where highway district consolidation elections are 9 held under the provisions of this chapter, county commissioners shall pay 10 expenses of the elections from thegeneralelection fund of the county.The11expenses shall be prorated by the commissioners according to the mileage and12market value for assessment purposes of each of the highway districts13involved, and upon certification of this pro rata share by the county commis-14sioners, that share shall be paid to the county from funds of the appropriate15highway district.Any appeals shall follow the appeals procedure set forth in 16 section 40-1706, Idaho Code. 17 SECTION 85. That Section 40-1604, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 40-1604. NOTICE OF HEARING AND PETITION. The commissioners shall require 20 their clerk to have a notice published in accordance with the provisions of 21section 40-206title 34, Idaho Code, setting forth the fact that a petition 22 has been filed with the commissioners. The notice shall state the name of the 23 highway district from which territory is proposed to be detached; a concise 24 general description of the territory so proposed to be detached and its bound- 25 aries; the current bonded and current warrant indebtedness of the district; a 26 notice of the time and place when and where the petition will be heard by the 27 commissioners; and notice that any elector qualified to vote at an election of 28 the district may, prior to or at the time of the hearing, file with the clerk 29 of the commissioners written objections to the proposed detachment of the ter- 30 ritory. 31 SECTION 86. That Section 40-1605, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 40-1605. HEARING -- ORDER FOR ELECTION. At the time and place specified 34 in the notice, the commissioners shall proceed to consider the petition and 35 all written objections filed with them and shall hear all persons in relation 36 to it. Upon the conclusion of the hearing, which may be continued from day to 37 day, if the commissioners shall determine that the detachment from the highway 38 district of the territory described in the petition is practicable and to the 39 best interests of the territory and of the highway district, they shall enter 40 an order directing that the question of the detachment of the territory be 41 submitted to the qualified electors of the district at an election to be held 42 within the districtaton a date authorized in section 34-106, Idaho Code, 43 which is not less than thirty (30)nor more than sixty (60)days from and 44 after the date of the order. 45 SECTION 87. That Section 40-1606, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 40-1606. ELECTION OFFICERS AND POLLING DISTRICTS -- NOTICE OF ELECTION. 62 1 Thecommissioners at the same timecounty clerk shall appoint two (2) or more 2 judges and one (1) or more clerks for the election who shall be chosen from 3 the electors of the district; the commissioners shallalsoby order establish 4 polling places; and the county clerk shalldirect their clerk to causeprovide 5 notice of the electionto be given by posting notices in at least three (3)6public places within the district, one of which shall be on the front door of7the office of the district; and in addition shall publish a copy of the notice8 in accordance with the provisions ofsection 40-206title 34, Idaho Code. The 9 notice shall state the date and purpose of the election, the boundaries of the 10 territory proposed to be detached from the highway district, the places of 11 holding the election, the various polling districts if the election is to be 12 held in more than one (1) place, the qualifications required of voters, and 13 the hours during which the polls shall be open., which shall be between the14hours of 1:00 p.m. and 7:00 p.m.15 SECTION 88. That Section 40-1607, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 40-1607. ELECTION PROCEDURE. The qualifications of voters at the elec- 18 tions, the conduct of elections, the counting of the votes, the return of the 19 ballots, and the payment of expenses of the election shall be as prescribed in 20sections 40-1808 through 40-1810title 34, Idaho Code. 21 SECTION 89. That Section 40-1624, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 40-1624. ANNEXATION OF CONTIGUOUS TERRITORY. Additional territory adjoin- 24 ing a highway district and lying contiguous with and within one (1) or more 25 counties may be added to and be included in the district, by the affirmative 26 vote of a majority of the qualified electors of the additional territory vot- 27 ing on the question at an election held for that purpose, which votemayshall 28 be taken either at angeneral or a specialelection on a date authorized in 29 section 34-106, Idaho Code. Additional territory shall not be annexed to or 30 included in the district unless annexation and inclusion shall be first 31 approved by the commissioners of the county in which the area proposed to be 32 annexed is located if it shall be deemed to be in the best public interest, 33 and by the highway district commissioners of the existing district by resolu- 34 tion, entered on their minutes prior to the election on the question of annex- 35 ation. 36 SECTION 90. That Section 40-1625, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 40-1625. ELECTION DATE WHERE TERRITORY LIES IN MORE THAN ONE COUNTY. 39 Where territory to be annexed lies in more than one (1) county the election 40 shall be held on the same day as it is mutually determined by agreement 41 between the commissioners of both counties concerned on a date authorized in 42 section 34-106, Idaho Code. 43 SECTION 91. That Section 40-1626, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 40-1626. PETITION FORSPECIALELECTION -- ELECTION. The election shall be 46 conducted in accordance with the general election laws of the state. A peti- 47 tion for the election shall be initiated by not less than twenty-five (25) 63 1 property owners, or all property owners if there are less than twenty-five 2 (25) in the proposed area to be annexed. The proposed area to be annexed shall 3 be set forth with clarity as to be specifically identified by a map of the 4 area. The petition upon being signed shall be submitted to the commissioners 5 of the highway district and to the commissioners concerned. The petition 6 shall, within thirty (30) days after presentment, be either approved or 7 rejected by the recorded motion of the commissioners in their minutes. Upon 8 the petition being approved by the commissioners of the county in which the 9 territory or a part is situated and the commissioners of the highway district, 10 a certified copy of the petition, together with a certified copy of the reso- 11 lution of the highway commissioners approving the petition for annexation and 12 with the proposed election precinct boundaries and polling place, shall within 13 ten (10) days be transmitted by the highway commissioners to the county clerk 14 of the county or counties, in which the territory to be annexed lies. The com- 15 missioners in the county in which the territory lies shall then within sixty 16 (60) days fix a time for the electionby giving notice as required for special17elections by publication in accordance with the provisions of section 40-20618 on a date authorized in section 34-106, Idaho Code. The commissioners and 19 county clerk shall do all things necessary for the holding of an election in 20 conformity with the general election laws of the state.as shall be applica-21ble.Upon the election being had the result shall be canvassed, declared and 22 the result certified by the commissioners. 23 SECTION 92. That Section 40-1630, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 40-1630. PAYMENT OF COSTS OF ELECTION. The costs of the election shall be 26 paid by thehighway district annexing the territorycounty or counties con- 27 ducting the election. 28 SECTION 93. That Section 40-1702, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 40-1702. COUNTYWIDE ELECTION TO ADOPT METHOD OF SECONDARY HIGHWAY ADMIN- 31 ISTRATION -- PROCEDURE. (1) In any county where there is a petition for an 32 election to adopt a new method of administration of the secondary highways in 33 the county, the procedure outlined in this chapter shall be followed. 34 (2) The petitions signed by five percent (5%) of the qualified voters or 35 twenty-five (25) persons, whichever is greater, of each highway district and 36 the area served by a county road department, where applicable, within the 37 county may be filed with the county clerk and upon the commissioners finding 38 that the petitions have been properly signed and filed, cause the formation of 39 a local highway study commission as provided in section 40-1712, Idaho Code, 40 prior to submitting the matter to vote of the entire county at the next gen- 41 eral election, providing that the next general election is not less than one 42 hundred eighty (180) days from the filing of the petitions. All of the laws of 43 the state relating to holding of elections at the county level shall apply to 44 the holding of the election, except as may be specifically modified in this45chapter. In addition to the other requirements of law,and the notice of elec- 46 tion shall notify the electors of the issues to be voted upon at the election, 47 and publication of a notice shall be in accordance with the provisions ofsec-48tion 40-206title 34, Idaho Code. Public hearings within the county shall be 49 held, as deemed advisable, by the highway study commission. 50 (3) The election shall be conducted in such a manner that the vote is 51 canvassed separately in each of the existing highway districts and the area 64 1 served by a county road department, where applicable. 2 (4) Thecommissionerscounty clerk in the notice of election shalldesig-3nateindicate polling placesinas designated by the commissioners for each 4 precinct and/or district, as appropriate, to adequately provide for the vote 5 at the election. Every qualified elector of the county may vote. 6 (5) The vote shall be canvassed by thecommissionerscounty board of can- 7 vassers withinfive (5) days of the electionthe time specified in chapter 12, 8 title 34, Idaho Code. 9 SECTION 94. That Section 40-1714, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 40-1714. EXPENSES OF ELECTION --PRORATION TO SYSTEMS --APPEALS. In all 12 counties where elections are held under the provisions of this chapter, com- 13 missioners shall pay expenses of the elections from thegeneralelection fund 14 of the county.The expense shall be prorated by the commissioners according to15the mileage and market value for assessment purposes of the highway districts16and the county, excluding area served by highway districts, and upon certifi-17cation of this pro rata share by the commissioners, that share shall be paid18to the county.Any appeals shall follow the appeals procedure set forth in 19 section 40-1706, Idaho Code, for appeals from readjustment of district bord- 20 ers. 21 SECTION 95. That Section 40-1805, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 40-1805. HEARING -- ORDER FOR ELECTION. At the time and place specified 24 in the notice, the commissioners shall proceed to consider the petition and 25 all written objections to it, and shall hear all persons in relation to it, 26 and shall hear or take testimony as may be offered or as they desire. Upon the 27 conclusion of the hearing which may be continued from day to day, if the com- 28 missioners determine that the district ought to be dissolved and that the dis- 29 solution would be to the best interest of the district, it shall enter an 30 order directing that the question of dissolution of the district be submitted 31 to the qualified electors of the district at an election to be held on the 32 date authorized in section 34-106, Idaho Code, which is not less than thirty 33 (30)nor more than sixty (60)days from and after the order. 34 SECTION 96. That Section 40-1806, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 40-1806. ELECTION OFFICERSAND POLLING DISTRICTS-- NOTICE OF ELECTION. 37 Thecommissionerscounty clerk shallat the time of making the orderappoint 38 two (2) or more judges and one (1) or more clerks for the election, to be 39 chosen from the electors of the district,for each of the polling districts in40the highway district,and the commissioners shall by order establishpolling41districts andpolling places. Thecommissioners shall direct theircounty 42 clerkto causeshall publish notice of the electionto be given by posting43notices in at least three (3) public places within the district, one (1) of44which shall be on the front door of the office of the district, and in addi-45tion to that posting, shall cause a copy of the notice to be publishedin 46 accordance with the provisions ofsection 40-206title 34, Idaho Code. The 47 notice shall state the purpose of the election; the places of holding it; the 48 pollingdistrictsplaces, if an election be held in more than one (1) place; 49 the qualifications required of voters; and the hours during which the polls 65 1 shall be opened., which shall be between the hours of 1:00 p.m. and 7:00 p.m.2 SECTION 97. That Section 40-1808, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 40-1808. CONDUCT OF ELECTIONS. (1) The polls in all elections shall be 5 presided over by the judges and clerks appointed by thecommissioners who must6take an oath, to be administered by a qualified elector of the district, and7which oath shall obligate the judges and clerks to faithfully perform the8duties of the board of electioncounty clerk. 9 (2) All elections shall beby secret and separate ballot, each ballot in10type, print or legible writing, stating in the affirmative and negative the11proposition to be voted upon, and all ballots shall be in a form that the12voters may express a choice by the marking of a cross (X).13(3) In all elections it is intended that no informalities in conducting14the elections shall invalidate the election, if the election shall have been15otherwise fairly conducted. The clerk of the commissioners shall prepare the16necessary ballots for use in each of the districtsconducted in accordance 17 with the provisions of title 34, Idaho Code. 18 SECTION 98. That Section 40-1809, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 40-1809. COUNTING VOTES --RETURN OF ELECTION --CANVASS -- ORDER OF DIS- 21 SOLUTION. Immediately following the close of the polls at the time specified 22 in the notices of election the board of election shall tally the result of the 23 election, making the count in public view and shall immediately make return of24the election to the clerk of the commissioners upon forms to be supplied by25him, and shall transmit all ballots cast at the election, whether the ballots26were counted or rejected by the election boardin accordance with the provi- 27 sions of title 34, Idaho Code. Thecommissionerscounty board of canvassers 28 shallimmediatelycanvass the returns as provided in chapter 12, title 34, 29 Idaho Code, and in the event a majority of the votes cast in the district are 30 in favor of dissolution, the commissioners shall immediately make and enter an 31 order declaring the district dissolved. 32 SECTION 99. That Section 40-1810, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 40-1810. EXPENSES OF DISSOLUTION -- HOW BORNE AND PAID. All expenses of 35 proceedings to dissolve highway districts, including the posting and publica- 36 tion of notices of hearings on the petitions and of the election, the printing 37 of ballots and compensation of judges and clerks of election, shall be borne 38 by thehighway districtcounty.In cases where the proposal to dissolve shall39be defeated, either by order of the commissioners upon hearing the petitions,40or at the election, the expense shall be paid by the appropriate district41treasurer out of any current funds on hand on an order presented by the clerk42of the commissioners; and, when the proposal to dissolve shall have been43adopted at an election, the expense of all proceedings shall be paid by the44county treasurer out of the first moneys received from or on account of the45respective district.46 SECTION 100. That Section 40-2204, Idaho Code, be, and the same is hereby 47 amended to read as follows: 66 1 40-2204. NOTICE OF HEARING AND PETITION. Thehighway district commission-2ers shall require theircounty clerktoshall have a notice published in 3 accordance with the provisions ofsection 40-206title 34, Idaho Code, setting 4 forth the fact that a petition has been filed with the commissioners. The 5 notice shall state the name of the highway district from which territory is 6 proposed to be detached and organized into a new highway district; a concise 7 description of the boundaries of the territory so proposed to be detached and 8 organized into a new highway district; the current bonded and current warrant 9 indebtedness of the district; a notice of the time and place when and where 10 the petition will be heard by the highway district commissioners; and notice 11 that any elector qualified to vote at an election of the highway district may, 12 prior to or at the time of the hearing, file with the highway district clerk 13 written objections to the proposed detachment and organization of said terri- 14 tory. 15 SECTION 101. That Section 42-3211, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 42-3211. ELECTIONS -- TERMS OF OFFICE. (1)Except as provided in subsec-18tion (2), of this section, oOn thefirstfourth Tuesday inFebruaryMay, in 19 the second calendar year after the organization of any district, and on the 20firstfourth Tuesday inFebruaryMay every second year thereafter an election 21 shall be held, which shall be known as the biennial election of the district. 22 (2) In districts created under section 42-3202B, Idaho Code, biennial 23 elections shall also be held on thefirstfourth Tuesday inAugustMay. 24 (3) At the first biennial election in any district hereafter organized, 25 and each sixth year thereafter, there shall be elected by the qualified elec- 26 tors of the district, one (1) member of the board to serve for a term of six 27 (6) years; at the second biennial election and each sixth year thereafter, 28 there shall be elected two (2) members of the board to serve for terms of six 29 (6) years, and at the third biennial election, and each sixth year thereafter, 30 there shall be elected two (2) members of the board to serve for terms of six 31 (6) years. 32 Not later than 5:00 p.m. on the sixth Friday preceding the election, nomi- 33 nations may be filed with the secretary of the board and if a nominee does not 34 withdraw his name before the first publication of the notice of election, his 35 name shall be placed on the ballot. Theboardcounty clerk shallprovide for36holding suchconduct the election andshall appoint judges to conduct it. The37secretary of the district shall give notice of election by publication, and38shall arrange such other details in connection therewith as the board may39direct. Tthe returns of the election shall be certified to and shall be can- 40 vassed and declaredby the boardas provided in chapter 14, title 34, Idaho 41 Code. The candidate or candidates, according to the number of directors to be 42 elected, receiving the most votes, shall be elected. Any new member of the 43 board shall qualify in the same manner as members of the first board qualify. 44 In any election for director, if after the deadline for filing a declara- 45 tion of intent as a write-in candidate, it appears that the number of quali- 46 fied candidates who have been nominated is equal to the number of directors to 47 be elected, it shall not be necessary for the candidates to stand for elec- 48 tion, and the board of directors shall declare such candidates elected as 49 directors, and the secretary of the district shall immediately make and 50 deliver to such persons certificates of election signed by him and bearing the 51 seal of the district. 52 SECTION 102. That Section 50-211, Idaho Code, be, and the same is hereby 67 1 repealed. 2 SECTION 103. That Section 50-402, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 50-402. DEFINITIONS. The following words and phrases when used in this 5 chapter, have the meanings respectively given herein. 6 (a) General election. "General election" means the election held on the 7 first Tuesday succeeding the first Monday in November in each odd-numbered 8 year at which there shall be chosen all mayors and councilmen as are by law to 9 be elected in such years. 10 (b) Special election. "Special election" means any election other than a 11 general election held at any time for any purpose provided by law. 12 (c) Qualified elector. A "qualified elector" means any person who is 13 eighteen (18) years of age, is a United States citizen and who has resided in 14 the city at least thirty (30) days next preceding the election at which he 15 desires to vote and who is registered within the time period provided by law. 16 A "qualified elector" shall also mean any person who is eighteen (18) years of 17 age, is a United States citizen, who is a registered voter, and who resides in 18 an area that the city has annexed pursuant to chapter 2, title 50, Idaho Code, 19 within thirty (30) days of a city election. 20 (d) Residence. 21 (1) "Residence" for voting purposes, shall be the principal or primary 22 home or place of abode of a person. Principal or primary home or place of 23 abode is that home or place in which his habitation is fixed and to which 24 a person, whenever he is absent, has the present intention of returning 25 after a departure or absence therefrom, regardless of the duration of 26 absence. In determining what is a principal or primary place of abode of a 27 person the following circumstances relating to such person may be taken 28 into account: business pursuits, employment, income sources, residence for 29 income or other tax pursuits, residence of parents, spouse, and children, 30 if any, leaseholds, situs of personal and real property, and motor vehicle 31 registration. 32 (2) A qualified elector shall not be considered to have gained residence 33 in any city of this state into which he comes for temporary purposes only 34 without the intention of making it his home but with the intention of 35 leaving it when he has accomplished the purpose that brought him there. 36 (3) A qualified elector who has left his home and gone to another area 37 outside the city, for a temporary purpose only shall not be considered to 38 have lost his residence. 39 (4) If a qualified elector moves outside the city, with the intentions of 40 making it his permanent home, he shall be considered to have lost his res- 41 idence in the city. 42 (e) Election official. "Election official" means the city clerk, regis- 43 trar, judge of election, clerk of election, county clerk or constable engaged 44 in the performance of election duties as required bythis acttitle 34, Idaho 45 Code. 46 (f) Election register. The "election register" means the voter registra- 47 tion cards of all electors who are qualified to appear and vote at the desig- 48 nated polling places. 49 (g) Combination election record and poll book. "Combination election 50 record and poll book" is the book containing a listing of registered electors 51 who are qualified to appear and vote at the designated polling places. 52 (h) Tally book. The "tally book" or "tally list" means the forms in which 53 the votes cast for any candidate or special question are counted and totaled 68 1 at the polling precinct. 2 (i) Reference to male. All references to the male elector and male city 3 officials include the female elector and female city officials and the mascu- 4 line pronoun includes the feminine. 5 (j) Computation of time. Calendar days shall be used in all computations 6 of time made under the provision of thisactchapter. In computing time for 7 any act to be done before any election, the first day shall be included and 8 the last, or election day, shall be excluded. Saturdays, Sundays and legal 9 holidays shall be included, but if the time for any act to be done shall fall 10 on Saturday, Sunday or a legal holiday, such act shall be done upon the day 11 following each Saturday, Sunday or legal holiday. 12 SECTION 104. That Section 50-403, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 50-403. SUPERVISION OF ADMINISTRATION OF ELECTION LAWS BYCITYCOUNTY 15 CLERK.Each city clerkFor each city, the county clerk of the county is the 16 chief elections officer and shall exercise general supervision of the adminis- 17 tration of the election laws inhisthe city for the purpose of achieving and 18 maintaining a maximum degree of correctness, impartiality, efficiency and uni- 19 formity. Thecitycounty clerk shall meet with and issue instructions to elec- 20 tion judges and clerks prior to the opening of the polls to ensure uniformity 21 in the application, operation and interpretation of the election laws during 22 the election. 23 If a national or local emergency or other situation arises which makes 24 substantial compliance with the provisions ofthis chaptertitle 34, Idaho 25 Code, impossible or unreasonable, thecitycounty clerk may prescribe, by 26 directive, such special procedures or requirements as may be necessary to 27 facilitate absentee voting by those citizens directly affected who otherwise 28 are eligible to vote in city elections. 29 SECTION 105. That Sections 50-404, 50-405, 50-406, 50-407, 50-408, 30 50-409, 50-410, 50-411 and 50-412, Idaho Code, be, and the same are hereby 31 repealed. 32 SECTION 106. That Section 50-414, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 50-4104. REGISTRATION OF ELECTORS. All electors must register before 35 being able to vote at any municipal election. The county clerk shall be the 36 registrar for all city elections and shall conduct voter registration for each 37 city pursuant to the provisions of section 34-1402, Idaho Code. 38 SECTION 107. That Sections 50-415, 50-427 and 50-428, Idaho Code, be, and 39 the same are hereby repealed. 40 SECTION 108. That Section 50-429, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 50-42905. GENERAL AND SPECIAL CITY ELECTIONS. (1) A general election 43 shall be held in each city governed by this title, for officials as in this 44 title provided, on the Tuesday following the first Monday of November in each 45 odd-numbered year. All such officials shall be elected and hold their respec- 46 tive offices for the term specified and until their successors are elected and 47 qualified. All other city elections that may be held under authority of gen- 69 1 eral law shall be known as special city elections. 2 (2) On and after January 1,19942010, notwithstanding any other provi- 3 sions of law to the contrary, there shall be no more thanfourtwo (42) elec- 4 tions conducted in any city in any calendar year, except as provided in this 5 section. 6 (3) The dates on which elections may be conducted are: 7 (a)The first Tuesday in February of each year; and8(b)The fourth Tuesday in May of each year; and 9(c) The first Tuesday in August of each year; and10 (db) The Tuesday following the first Monday in November of each year. 11 (ec) In addition to the elections specified insubsectionsparagraphs (a) 12throughand (db) of this subsection (3), an emergency election may be 13 called upon motion of the city council of a city. An emergency exists when 14 there is a great public calamity, such as an extraordinary fire, flood, 15 storm, epidemic or other disaster, or if it is necessary to do emergency 16 work to prepare for a national or local defense, or it is necessary to do 17 emergency work to safeguard life, health or property.Such a special elec-18tion, if conducted by the city clerk, shall be conducted at the expense of19the political subdivision submitting the question.20 (4) Pursuant to section 34-1401, Idaho Code, all municipal elections 21 shall be conducted by the county clerk of the county wherein the city lies, 22 and elections shall be administered in accordance with the provisions of title 23 34, Idaho Code. 24 (5) The secretary of state is authorized to provide such assistance as 25 necessary, and to prescribe any needed rules or interpretations for the con- 26 duct of elections authorized under the provisions of this section. 27 SECTION 109. That Section 50-430, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 50-4306. METHOD OF NOMINATION -- CLERK TO FURNISH PRINTED FORMS. Candi- 30 dates for elective city offices shall be nominated by declaration. The decla- 31 ration shall contain the name and address of the person and the office and the 32 term for which he is being nominated. There shall be no mention relating to 33 party or principal of the nominee. The completed declaration of candidacy 34 shall be accompanied by: (1) a petition of candidacy signed by not less than 35 five (5) registered qualified electors; or (2) a nonrefundable filing fee of 36 forty dollars ($40.00) which shall be deposited in the city treasury. 37 It shall be the duty of the city clerk to furnish upon application a rea- 38 sonable number of regular printed forms, as herein set forth, to any person or 39 persons applying therefor. The forms shall be of uniform size as determined by 40 the clerk. 41 SECTION 110. That Section 50-431, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 50-43107. FORM OF DECLARATION OF CANDIDACY. Declarations of candidacy and 44 petitions of candidacy shall read substantially as herein set forth. Any num- 45 ber of separate petitions of candidacy may be circulated at the same time for 46 any candidate and all petitions for each candidate shall be considered one (1) 47 petition when filed with the city clerk. Each signer of a petition shall be a 48 registered qualified elector. 49 DECLARATION OF CANDIDACY 50 I, the undersigned, affirm that I am a qualified elector of the City of 70 1 ........., State of Idaho, and that I have resided in the city for at least 2 thirty (30) days. I hereby declare myself to be a candidate for the office of 3 ............., for a term of .... years, to be voted for at the election to be 4 held on the .... day of ....., ...., and certify that I possess the legal 5 qualifications to fill said office, and that my residence address is 6 ............... 7 (Signed) ................ 8 Subscribed and sworn to before me this .... day of ........, ..... 9 ................ 10 Notary Public 11 State of Idaho 12 County of ........ ss. 13 City of .......... 14 PETITION OF CANDIDACY 15 OF ........................................................................... 16 (NAME OF CANDIDATE) 17 FOR OFFICE OF ................................................................ 18 This petition must be filed in the office of the City Clerk not earlier 19 than 8:00 a.m. on the eleventh Monday nor later than 5:00 p.m. on the ninth 20 Friday immediately preceding election day. The submitted petition must have 21 affixed thereto the names of at least five (5) qualified electors who reside 22 within the appropriate city. 23 I, the undersigned, being a qualified elector of the City of 24 .............., in the State of Idaho, do hereby certify and declare that I 25 reside at the place set opposite my name and that I do hereby join in the 26 petition of .............., a candidate for the office of ................. to 27 be voted at the election to be held on the .... day of ........, ..... 28 Signature of Petitioner Printed Name Residence Address Date 29 signed 30 ....................... ............ ................. ........... 31 ....................... ............ ................. ........... 32 ....................... ............ ................. ........... 33 ....................... ............ ................. ........... 34 ....................... ............ ................. ........... 35 ....................... ............ ................. ........... 36 ....................... ............ ................. ........... 37 ....................... ............ ................. ........... 38 ....................... ............ ................. ........... 39 ....................... ............ ................. ........... 40 ....................... ............ ................. ........... 41 ....................... ............ ................. ........... 42 STATE OF IDAHO 43 County of .................... 44 I, ......................, being first duly sworn, say: That I am a resi- 45 dent of the State of Idaho and at least eighteen (18) years of age; that every 46 person who signed this sheet of the foregoing petition signed his or her name 47 thereto in my presence; I believe that each has stated his or her name and 48 residence address correctly; and that each signer is a qualified elector of 49 the State of Idaho, and the City of .................... 50 Signed ..................................... 51 Address .................................... 52 Subscribed and sworn to before me this ...... day of ......., ..... 71 1 Signed Notary Public .................................... 2 Residing at ............................................. 3 Commission expires ...................................... 4 (Notary Seal) 5 SECTION 111. That Sections 50-435, 50-436, 50-437, 50-438, 50-439, 6 50-440, 50-441, 50-442, 50-443, 50-445, 50-446, 50-447, 50-448, 50-449, 7 50-450, 50-451, 50-452, 50-453, 50-454, 50-455, 50-456, 50-457, 50-458, 8 50-459, 50-460, 50-461, 50-462, 50-463, 50-464, 50-465 and 50-466, Idaho Code, 9 be, and the same are hereby repealed. 10 SECTION 112. That Section 50-432, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 50-43208. TIME AND MANNER OF FILING DECLARATIONS. All declarations of 13 candidacy for elective city offices shall be filed with the clerk of the 14 respective city wherein the elections are to be held, not earlier than 8:00 15 a.m. on the eleventh Monday nor later than 5:00 p.m. on the ninth Friday, 16 immediately preceding election day. Before a candidate files a petition of 17 candidacy with the city clerk, the petition signatures shall be verified by 18 the county clerk in the manner described in section 34-1807, Idaho Code, 19 except that the city clerk shall stand in place of the secretary of state. 20 Before any declaration of candidacy and filing fee or petition of candidacy 21 mentioned in section 50-43107, Idaho Code, can be filed, the city clerk shall 22 ascertain that it conforms to the provisions of chapter 14, title5034, Idaho 23 Code. The city clerk shall not accept any declarations of candidacy after 5:00 24 p.m. on the ninth Friday immediately preceding election day. Write-in candi- 25 dates shall be governed by section 34-702A, Idaho Code, but shall file the 26 declarations required in that section with the city clerk. 27 SECTION 113. That Section 50-467, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 50-46709. CANVASSING VOTES -- DETERMINING RESULTS OF ELECTION. Themayor30and the councilcounty board of canvassers, within six (6) days following any 31 election, shall meet for the purpose of canvassing the results of the elec- 32 tion. Upon acceptance of tabulation of votes prepared by the election judges 33 and clerks, and the canvass as herein provided, the results of both shall be 34 entered in the minutes of city council proceedings and proclaimed as final. 35 Results of election shall be determined as follows: in the case of a single 36 office to be filled, the candidate with the highest number of votes shall be 37 declared elected; in the case where more than one office is to be filled, that 38 number of candidates receiving the highest number of votes, equal to the num- 39 ber of offices to be filled, shall be declared elected. 40 SECTION 114. That Section 50-468, Idaho Code, be, and the same is hereby 41 repealed. 42 SECTION 115. That Section 50-469, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 50-46910. FAILURE TO QUALIFY CREATES VACANCY. If a person elected fails 45 to qualify, a vacancy shall be declared to exist, which vacancy shall be 46 filled by the mayor and the council. 72 1 SECTION 116. That Section 50-470, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 50-47011. CERTIFICATES OF ELECTIONS. A certificate of election for each 4 elected city official or appointee to fill such position shall be made under 5 the corporate seal by the city clerk, signed by the mayor and clerk, and pre- 6 sented to such officials at the time of subscribing to the oath of office. 7 SECTION 117. That Section 50-471, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 50-4712. APPLICATION FOR RECOUNT OF BALLOTS. Any candidate desiring a 10 recount of the ballots cast in any general city election may apply to the 11 attorney general therefor, within twenty (20) days of the canvass of such 12 election by thecity councilcounty board of canvassers. The provisions of 13 chapter 23, title 34, Idaho Code, shall govern recounts of elections held 14 under this chapter. 15 SECTION 118. That Section 50-472, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 50-47213. RECALL ELECTIONS. Recall elections shall be governed by the 18 provisions of chapter 17, title 34, Idaho Code, except as those provisions may19be specifically modified by the provisions of this chapter. 20 SECTION 119. That Section 50-473, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 50-47314. INITIATIVE AND REFERENDUM ELECTIONS. Initiative and referendum 23 elections shall be governed by the provisions of chapter 18, title 34, Idaho 24 Code, and chapter 5, title 50, Idaho Code, except as those provisions are spe-25cifically modified by this chapter. 26 SECTION 120. That Section 50-474, Idaho Code, be, and the same is hereby 27 repealed. 28 SECTION 121. That Section 50-475, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 50-4715. ELECTION LAW VIOLATIONS. The provisions of chapter 23, title 18, 31 Idaho Code, pertaining to crimes and punishments for election law violations 32 arehereby incorporated in this chapterapplicable to all municipal elections. 33 SECTION 122. That Section 50-477, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 50-47716. APPLICATION OF CAMPAIGN REPORTING LAW TO ELECTIONS IN CERTAIN 36 CITIES. The provisions of sections 67-6601 through 67-6616 and 67-6623 through 37 67-6630, Idaho Code, are hereby made applicable to all elections for mayor, 38 councilman and citywide measures in cities of five thousand (5,000) or more 39 population, except that the city clerk shall stand in place of the secretary 40 of state, and the city attorney shall stand in place of the attorney general. 41 SECTION 123. That Section 50-612, Idaho Code, be, and the same is hereby 42 amended to read as follows: 73 1 50-612. MAJORITY REQUIRED FOR ELECTION -- RUNOFF ELECTION. A city may, by 2 ordinance, provide that a majority of the votes for any candidate running for 3 the office of mayor shall be required for election to that office. In the 4 event no candidate receives a majority of the votes cast, there shall be a 5 runoff election between the two (2) candidates receiving the highest number of 6 votes cast. Such runoff election shall be conducted by the county clerk as in 7 the general election in a manner consistent with chapter 14, title 34, Idaho 8 Code, and at such time, within thirty (30) days of the general election, as 9 prescribed by the city and shall be exempt from the limitation upon elections 10 provided in sections 34-106 and 50-42905, Idaho Code. The ballot shall be pre- 11 pared by thecitycounty clerk not less than twenty-two (22) days preceding 12 the runoff election. The designation of polling places shall be made by the 13citycounty clerk not less than twenty (20) days preceding any runoff election 14 and sample ballots shall be printed not less than eighteen (18) days preceding 15 the runoff election. 16 SECTION 124. That Section 50-707B, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 50-707B. MAJORITY MAY BE REQUIRED FOR ELECTION -- RUNOFF ELECTION. A city 19 may, by ordinance, provide that a majority of the votes for any candidate run- 20 ning for a council seat adopted by a city in accordance with section 50-707 or 21 50-707A, Idaho Code, shall be required for election to that office. In the 22 event no candidate receives a majority of the votes cast, there shall be a 23 runoff election between the two (2) candidates receiving the highest number 24 of votes cast. Such runoff election shall be conducted by the county clerk as 25 in the general election in a manner consistent with chapter 14, title 34, 26 Idaho Code, and at such time within thirty (30) days of the general election, 27 as prescribed by the city and shall be exempt from the limitation upon elec- 28 tions provided in sections 34-106 and 50-42905, Idaho Code. The ballot shall 29 be prepared by thecitycounty clerk not less than twenty-two (22) days pre- 30 ceding the runoff election. The designation of polling places shall be made by 31 thecitycounty clerk not less than twenty (20) days preceding any runoff 32 election, and sample ballots shall be printed not less than eighteen (18) days 33 preceding the runoff election. 34 SECTION 125. That Section 50-803, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 50-803. TIME FOR HOLDING SPECIAL ELECTION ON PROPOSITION. Within ten (10) 37 days after the filing of such petition or resolution with the city clerk, the 38 mayor shall, by proclamation, establish a date for holding a special election 39 on the question of adopting the council-manager plan, such date to be deter- 40 mined as follows: 41 (1)wWhen the petition or resolution is filed with the city clerk during 42 a year when no general city election is to be held, such election shall be 43 heldwithinon the date authorized in section 34-106, Idaho Code, that is 44 nearest to but not less than sixty (60) days following filing of such petition 45 or resolution; 46 (2)wWhen the petition or resolution is filed with the city clerk during 47 a year when a general city election is to be held, such election shall be held 48not less than sixty (60) days prior toon the date for holding general city 49 elections. 50 SECTION 126. That Section 50-806, Idaho Code, be, and the same is hereby 74 1 amended to read as follows: 2 50-806. ELECTION OF OFFICIALS FOLLOWING ADOPTION -- DETERMINING SUCCESS- 3 FUL CANDIDATES -- DESIGNATION OF SEATS. (1) When the proposition is submitted 4 to the electors under section 50-803, subsection (1), Idaho Code,received a5favorable vote,officials shall be elected ata specialthe same election,6called for that purpose, to be held not more than sixty (60) days following7the date onduring which the propositionwasis submitted to the voters; when 8 the proposition is submitted to the electors under subsection (2)received a9favorable voteof section 50-803, Idaho Code, officials shall be elected at 10 thesucceedingsame general city election. If any proposition submitted to the 11 electors under section 50-803, Idaho Code, fails to receive a favorable vote, 12 the election of officials at the same election shall be declared null and 13 void. 14 Determination of successful candidates at either a special or general 15 election shall be as herein provided: A. When the council is to consist of 16 five (5) members, the three (3) receiving the largest number of votes shall be 17 declared elected to serve four (4) year terms or so much thereof as remains, 18 and two (2) to serve two (2) year terms or so much thereof as remains; B. When 19 the council is to consist of seven (7) members, the four (4) receiving the 20 largest number of votes shall be declared elected to serve four (4) year terms 21 or so much thereof as remains, and three (3) to serve two (2) year terms or so 22 much thereof as remains. At each general city election thereafter, councilmen 23 shall be elected to fill the unexpired terms. 24 (2) By ordinance, the city may assign a number to each council seat. In 25 that event candidates will file for a designated seat and the candidate 26 receiving the largest number of votes for the seat he has filed for shall be 27 declared elected. 28 SECTION 127. That Section 50-1026, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 50-1026. CITY BONDS -- ORDINANCE -- ELECTION. Whenever the city council 31 of a city shall deem it advisable to issue the coupon bonds of such city, the 32 mayor and council shall provide therefor by ordinance, which shall specify and 33 set forth all the purposes, objects, matters and things required by section 34 57-203, Idaho Code, and make provision for the collection of an annual tax 35 sufficient to pay the interest on such proposed bonds as it falls due, and 36 also to constitute a sinking fund for the payment of the principal thereof 37 within thirty (30) years from the time of contracting the same as required by 38 the constitution and laws of the state of Idaho. 39 The ordinance shall also provide the date for holding an election that is 40 in accordance with the dates allowed in section 34-106, Idaho Code, of which 41thirty (30) daysnotice shall be given in the official newspaper of the city 42 by the county clerk in accordance with election law in title 34, Idaho Code. 43 Such election shall be conducted as other city elections. The voting at such 44 elections must be by ballot, and the ballot used shall be substantially as 45 follows: "In favor of issuing bonds to the amount of .... dollars for the pur- 46 pose stated in Ordinance No. ....," and "Against issuing bonds to the amount 47 of .... dollars for the purpose stated in Ordinance No. ....." If at such 48 election, held as provided in this chapter, two-thirds (2/3) of the qualified 49 electors voting at such election, assent to the issuing of such bonds and the 50 incurring of the indebtedness thereby created for the purpose aforesaid, such 51 bonds shall be issued in the manner provided by the laws of the state of 52 Idaho. 75 1 SECTION 128. That Section 50-1035, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 50-1035. ORDINANCE PRIOR TO CONSTRUCTION -- ELECTION. Before any city 4 shall construct or acquire any works or rehabilitated existing electrical gen- 5 erating facilities under thisactchapter, the council of such city shall 6 enact an ordinance or ordinances which shall, (a) set forth a brief and gen- 7 eral description of the works or rehabilitated existing electrical generating 8 facilities, and if the same are to be constructed, a reference to the prelimi- 9 nary report or plans and specifications which shall theretofore have been pre- 10 pared and filed by an engineer chosen for that purpose; (b) set forth the cost 11 thereof estimated by the engineer chosen as aforesaid; (c) order the construc- 12 tion or acquisition of such works or the rehabilitation of such existing elec- 13 trical generating facilities; (d) direct that revenue bonds of the city shall 14 be issued pursuant to thisactchapter in such amount as may be necessary to 15 pay the cost of the works or rehabilitated existing electrical generating 16 facilities; and (e) contain such other provisions as may be necessary in the 17 proposal. 18 Such ordinance shall be passed, approved and published as provided by law 19 for the enactment of general ordinances, but such city shall not incur or au- 20 thorize in any year any indebtedness or liability under said ordinance exceed- 21 ing in that year, the income and revenue provided for it for such year, with- 22 out the assent of two-thirds (2/3) of the qualified electors of such city vot- 23 ing at an election held for the purpose of authorizing or refusing to author- 24 ize the indebtedness or liability provided for in said ordinance; provided, 25 that any city may, with the assent of a majority of the qualified electors 26 voting at an election to be held for such purpose, issue revenue bonds for the 27 purpose of providing funds to own, purchase, construct, extend or equip, 28 within and without the corporate limits of such city, water systems, sewerage 29 systems, water treatment plants, sewerage treatment plants, or to rehabilitate 30 existing electrical generating facilities, the principal and interest of 31 which to be paid solely from the revenue derived from rates and charges for 32 the use of, and the service rendered by such systems, plants and facilities. 33 Said ordinances shall provide for the holding of said electionand the34giving of notice thereof by publication in the official newspaper of the city,35said publication to be once a week for two (2) successive weeks prior to such36electionby the county clerk in accordance with the provisions of title 34, 37 Idaho Code. The notice of election shall set forth the purpose of said ordi- 38 nance, the amount of bonds authorized by it, the maximum number of years from 39 their respective dates for which such bonds may run, the voting places, the 40 hours between which the polls will be open and the qualifications of voters 41 who may vote thereat.In all other respects such election shall be conducted42as are other city elections.The voting at such elections must be by ballot, 43 and the ballots used shall be substantially as follows: 44 "In favor of issuing revenue bonds for the purposes provided by Ordinance 45 No. ....." 46 "Against the issuance of revenue bonds for the purposes provided by Ordi- 47 nance No. ....." 48 If, at such election, the required vote is in favor of issuing such reve- 49 nue bonds, then such city may issue such bonds and create such indebtedness or 50 liability in the manner and for the purpose specified in said ordinance. 51 SECTION 129. That Section 50-2104, Idaho Code, be, and the same is hereby 52 amended to read as follows: 76 1 50-2104. JOINT SESSION -- RESOLUTION SPECIFYING TIME OF ELECTION. When a 2 majority of the governing bodies of each of the cities desires consolidation, 3 or petitions signed by the requisite number of qualified electors in each city 4 have been duly received and recorded by each city, a joint resolution signed 5 by the respective mayors, shall set a time for a special election to be held 6 in each of the cities desiring consolidation, which datesshall be on the date 7 authorized in section 34-106, Idaho Code, which is nearest to but is not less 8 than sixty (60) daysnor more than ninety (90) daysfollowing such joint meet- 9 ing and which resolution shall be recorded in the record of proceeding of each 10 of the cities. 11 SECTION 130. That Section 50-2105, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 50-2105. SUBMISSION OF QUESTION TO ELECTORS --SPECIALELECTION. In each 14 of the cities proposed to be consolidated, on the date fixed by resolution in 15 accordance with the provisions of section 34-106, Idaho Code, there shall be 16 held anspecialelection for the purpose of submitting to the qualified elec- 17 tors of each of said cities, the question whether such cities shall become 18 consolidated into one (1) city. Such election in each city shall be conducted 19 according to the provisions of chapter 14, title5034, Idaho Code. 20 SECTION 131. That Section 50-2106, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 50-2106. RESULTS OF ELECTION CERTIFIED TO SECRETARY OF STATE. When upon 23 canvassing of the votes, it is determined that a majority of the qualified 24 electors in each of the cities favor consolidation, the clerksof the county 25 in which such cities are located shall, by abstract of results of election, 26 certify that fact to the board of county commissioners. The clerk of such27board shall thereupon record the sameand transmit the said original abstract 28 of the result of said election to the office of the secretary of state. Said 29 original abstract shall be filed by the secretary of state in his office imme- 30 diately upon receiving the same and certificates of the filing of such origi- 31 nal abstract in his office shall be transmitted forthwith to the clerk of such 32 board of county commissioners and to the clerks of each of the cities in which 33 such election was held. 34 SECTION 132. That Section 50-2107, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 50-2107. ELECTION OF OFFICERS OF CONSOLIDATED CORPORATIONS. In the event 37 that the majority of the votes cast by the electors of each and all such cit- 38 ies proposed to be consolidated shall favor consolidation, and all other acts 39 and proceedings for consolidation of such cities into one (1) consolidated 40 corporation shall have been severally, duly and regularly done and performed 41 as hereinbefore provided, thereupon such city shall proceed to call anspecial42 election to be held in all the cities so proposed to be consolidated for the 43 election of officers of the new corporation. Such election shall be held on 44 the date authorized in section 34-106, Idaho Code, that is nearest to, but not 45 less than sixty (60) daysnor more than ninety (90) daysafter the filing of 46 such original abstract in the office of the secretary of state, provided, that 47 should the time for holding general city elections be within one hundred 48 twenty (120) days of the time as herein provided for holding saidspecial49 election, officials of the newly consolidated city shall be elected at said 77 1 general election. 2 SECTION 133. That Section 50-2114, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 50-2114. EXPENSES OF CONSOLIDATION. All proper expenses of proceedings 5 for consolidation shall, if such consolidation be made and completed, be paid6by the consolidated city; and if such consolidation is not completed, each7city shall pay the expenses of calling and holding its electionbe paid by the 8 county that conducted the election. 9 SECTION 134. That Section 50-2201, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 50-2201. PETITION FOR DISINCORPORATION. A city existing under the laws of 12 this state may disincorporate after proceedings had as required by sections 13 50-2201 through 50-2213, Idaho Code. The council shall, upon receiving a peti- 14 tion therefor, signed by not less than half of the qualified electors thereof 15 as shown by the vote cast at the last general city election held therein, sub- 16 mit the question of whether such city shall disincorporate to the electors of 17 such corporation in accordance with the provisions of title 34, Idaho Code. In 18 case such council shall cease to exist or fail to function for a period of two 19 (2) years or more, the petition for said disincorporation of such city signed 20 by a majority of the residents living within said city, shall be filed with 21 the board of county commissioners of the county in which said city is situ- 22 ated. Upon the filing of such petition, showing that the council has failed to 23 function for at least two (2) years prior thereto or has ceased to exist, such 24 board of county commissioners shall have full power and authority to take all 25 proceedings therein as it is authorized by sections 50-2201 through 50-2213, 26 Idaho Code, to disincorporate said city. 27 SECTION 135. That Section 50-2202, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 50-2202. ELECTION TO DETERMINE QUESTION. Such question shall be submitted 30 ata specialan election to be held for that purpose which is on a date 31 authorized in section 34-106, Idaho Code, and thegoverning body of the city32orcounty, as the case may be,clerk shall give notice thereof by publication 33 in a newspaper of general circulationfor a period of four (4) weeks prior to34such electionin accordance with the provisions of chapter 14, title 34, Idaho 35 Code. Such notice shall state that the question of disincorporating the said 36 city shall be submitted to the qualified electors of the same at the time 37 appointed for such election, and the electors shall be invited to vote upon 38 such proposition by placing upon their ballots the cross as provided by law, 39 after the words, "For disincorporation" or "Against disincorporation." Such 40governing body of the city orcounty, as the case may be,clerk shall also 41 designate in such notice, the place or places at which the polls will be open 42 in said city and shall also appoint and designate in such notice the names of 43 the officers of election. 44 SECTION 136. That Section 50-2203, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 50-2203. CANVASS OF VOTE. The vote at such election shall be taken, can- 47 vassed and returned in the same manner as in other elections conducted by the 78 1 county clerk.Such governing body of the city or county, as the case may be,2 The county board of canvassers shall meet on the Monday next succeeding the 3 day of such election and proceed to canvass the votes cast thereat. 4 SECTION 137. That Section 50-2204, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 50-2204. EFFECT OF NEGATIVE VOTE. If it is found by the canvass of said 7 votes that less than two thirds (2/3) of the votes cast were in favor of 8 disincorporation,such governing body of the city orthe county board of com- 9 missioners, as the case may be,shall declare the petition for 10 disincorporation denied, in which case no other election shall be held on the 11 question of disincorporating said city until after the expiration of two (2) 12 years from the date of the election so held. 13 SECTION 138. That Section 50-2302, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 50-2302. PETITION FOR ORGANIZATION UNDER GENERAL LAWS -- ELECTION. Upon 16 receipt of a petition signed by registered qualified electors equal in number 17 to twenty-fiveper centpercent (25%) of the total number of voters casting 18 ballots at the last preceding general city election, the governing body shall 19 by resolution issued within ten (10) days after filing of said petition, sub- 20 mit the question of organizing as a city, under thisactchapter, and the gen- 21 eral laws of the state of Idaho, ata specialan election to be held, subject 22 to the provisions of section 34-106, Idaho Code, at the time specified 23 therein,and withinwhich is nearest to sixty (60) days after said petition is 24 filed. 25 SECTION 139. That Section 50-2303, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 50-2303. SUBMISSION OF PROPOSITION TO ELECTORATE -- FILING OF CERTIFI- 28 CATES -- PROCLAMATION OF GOVERNOR. At such election, conducted under thisact29 chapter, the proposition to be submitted to the electors shall be substan- 30 tially: "Shall the proposition to organize the City of (name of city) as a 31 city under thisactchapter, and the general laws of the state of Idaho be 32 adopted?". An election thereupon shall be conducted, the vote canvassed, and 33 the result declared in the same manner as provided by law in respect to other 34 city elections. Immediately after, if such proposition be adopted, the county 35 clerkof said cityshall transmit a certified statement with the date on which 36 such proposition was adopted: to the governor; to the secretary of state; and 37 to the county auditor of the county in which such city is located. 38 Upon receipt of said statement, the governor shall thereupon by public 39 proclamation declare that such city shall cease to function under its previous 40 organization, and shall henceforth be governed by thisactchapter, and the 41 general laws of the state of Idaho. 42 SECTION 140. That Section 50-2308, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 50-2308. ELECTION OF OFFICERS. If a majority of the votes cast shall be 45 in favor of the city becoming organized under the general laws of the state of 46 Idaho, the next general city election succeeding the issuance of said procla- 47 mation by the governor shall in all respects be conducted in the manner 79 1 required for conducting elections in cities as provided insections 50-4012through 50-422title 34, Idaho Code, and the general laws of the state of 3 Idaho. The officers elected at such election shall be the same as are provided 4 in thisactchapter, and the governing body of the city, holding office at the 5 time of issuance of such proclamation, shall have full power to prescribe such 6 rules and regulations not in conflictwith sections 50-401 through 50-422, and7 with the election laws and general laws of the state for the holding of such 8 election as may be necessary for carrying into effect the provisions of sec- 9 tions 50-2301 through 50-2308, Idaho Code.In all matters pertaining to such10election, the officers of said city shall have the same powers, except as11herein otherwise provided, as are conferred upon like officers of cities under12this act, in the performance of like duties.13 SECTION 141. That Section 63-316, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 63-316. ADJUSTMENT OF ASSESSED VALUE -- COMPLETION OF ASSESSMENT PROGRAM 16 BY STATE TAX COMMISSION -- PAYMENT OF COSTS. (1) Whenever the state tax com- 17 mission, after a hearing, determines that any county assessor or the county 18 commissioners in assessing property in the county subject to taxation have 19 failed to abide by, adhere to and conform with the laws of the state of Idaho 20 and the rules of the state tax commission in determining market value for 21 assessment purposes, the state tax commission shall order the county assessor 22 and county commissioners of such county to make the necessary changes or cor- 23 rections in such assessments and if the county assessor and the county commis- 24 sioners refuse or neglect to comply with such order, the state tax commission 25 is authorized to and shall forthwith adjust or change the property roll in 26 such county. 27 (2) In lieu of the hearings and actions permitted in subsection (1) of 28 this section, the state tax commission shall monitor each county's implementa- 29 tion of the continuing appraisal required in section 63-314, Idaho Code, and 30 may require each county to file such reports of its progress at implementation 31 of such continuing appraisals as the commission may find necessary. In the 32 event that the commission finds that any county is failing to meet the 33 requirements of section 63-314, Idaho Code, the commission may order that 34 county's indexing or appraisal or reappraisal programs be conducted under the 35 exclusive and complete control of the state tax commission and the results of 36 such programs shall be binding upon the county officers of the county for 37 which ordered. Payments for the actual cost of such programs shall be made 38 from the sales tax distribution created in section 63-3638, Idaho Code, and 39 the amount of such payments shall be withheld from the payments otherwise made 40 under the provisions of section 63-3638(910)(c) and (910)(d), Idaho Code, to 41 the county for which indexing, appraisal or reappraisal has been ordered, and 42 this subsection shall constitute the necessary appropriation to accomplish 43 such payments, any other provision of law notwithstanding. 44 SECTION 142. That Section 63-802, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 63-802. LIMITATION ON BUDGET REQUESTS -- LIMITATION ON TAX CHARGES -- 47 EXCEPTIONS. (1) Except as provided in subsection (3) of this section for tax 48 year 1995, and each year thereafter, no taxing district shall certify a budget 49 request for an amount of property tax revenues to finance an annual budget 50 that exceeds the greater of: 51 (a) The dollar amount of property taxes certified for its annual budget 80 1 for any one (1) of the three (3) tax years preceding the current tax year, 2 whichever is greater, which amount may be increased by a growth factor of 3 not to exceed three percent (3%) plus the amount of revenue that would 4 have been generated by applying the levy of the previous year, not includ- 5 ing any levy described in subsection (4) of this section, or any school 6 district levy reduction resulting from a distribution of state funds pur- 7 suant to section 63-3638(101), Idaho Code, to any increase in market 8 value subject to taxation resulting from new construction or change of 9 land use classification as evidenced by the value shown on the new con- 10 struction roll compiled pursuant to section 63-301A, Idaho Code; and by 11 the value of annexation during the previous calendar year, as certified by 12 the state tax commission for market values of operating property of public 13 utilities and by the county assessor; or 14 (b) The dollar amount of property taxes certified for its annual budget 15 during the last year in which a levy was made; or 16 (c) The dollar amount of the actual budget request, if the taxing dis- 17 trict is newly created except as may be provided in subsection (1)(h) of 18 this section; or 19 (d) In the case of school districts, the restriction imposed in section 20 33-802, Idaho Code; or 21 (e) In the case of a nonschool district for which less than the maximum 22 allowable increase in the dollar amount of property taxes is certified 23 for annual budget purposes in any one (1) year, such a district may, in 24 any following year, recover the foregone increase by certifying, in addi- 25 tion to any increase otherwise allowed, an amount not to exceed one hun- 26 dred percent (100%) of the increase originally foregone. Said additional 27 amount shall be included in future calculations for increases as allowed; 28 or 29 (f) In the case of cities, if the immediately preceding year's levy sub- 30 ject to the limitation provided by this section, is less than 0.004, the 31 city may increase its budget by an amount not to exceed the difference 32 between 0.004 and actual prior year's levy multiplied by the prior year's 33 market value for assessment purposes. The additional amount must be 34 approved by sixty percent (60%) of the voters voting on the question at an 35 election called for that purpose and held on the date in May or November 36 provided by law, and may be included in the annual budget of the city for 37 purposes of this section; or 38 (g) A taxing district may submit to the electors within the district the 39 question of whether the budget from property tax revenues may be increased 40 beyond the amount authorized in this section, but not beyond the levy 41 authorized by statute. The additional amount must be approved by sixty-six 42 and two-thirds percent (66 2/3%) or more of the voters voting on the ques- 43 tion at an election called for that purpose and held on the May or Novem- 44 ber dates provided by section 34-106, Idaho Code. If approved by the 45 required minimum sixty-six and two-thirds percent (66 2/3%) of the voters 46 voting at the election, the new budget amount shall be the base budget for 47 the purposes of this section; or 48 (h) When a nonschool district consolidates with another nonschool dis- 49 trict or dissolves and a new district performing similar governmental 50 functions as the dissolved district forms with the same boundaries within 51 three (3) years, the maximum amount of a budget of the district from prop- 52 erty tax revenues shall not be greater than the sum of the amounts that 53 would have been authorized by this section for the district itself or for 54 the districts that were consolidated or dissolved and incorporated into a 55 new district; or 81 1 (i) In the instance or case of cooperative service agencies, the restric- 2 tions imposed in sections 33-315 through 33-318, Idaho Code. 3 (2) In the case of fire districts, during the year immediately following 4 the election of a public utility or public utilities to consent to be provided 5 fire protection pursuant to section 31-1425, Idaho Code, the maximum amount of 6 property tax revenues permitted in subsection (1) of this section may be 7 increased by an amount equal to the current year's taxable value of the con- 8 senting public utility or public utilities multiplied by that portion of the 9 prior year's levy subject to the limitation provided by subsection (1) of this 10 section. 11 (3) No board of county commissioners shall set a levy, nor shall the 12 state tax commission approve a levy for annual budget purposes which exceeds 13 the limitation imposed in subsection (1) of this section, unless authority to 14 exceed such limitation has been approved by a majority of the taxing 15 district's electors voting on the question at an election called for that pur- 16 pose and held pursuant to section 34-106, Idaho Code, provided however, that 17 such voter approval shall be for a period of not to exceed two (2) years. 18 (4) The amount of property tax revenues to finance an annual budget does 19 not include revenues from nonproperty tax sources, and does not include reve- 20 nue from levies that are voter approved for bonds, override levies or supple- 21 mental levies, plant facilities reserve fund levies, school emergency fund 22 levies or for levies applicable to newly annexed property or for levies appli- 23 cable to new construction as evidenced by the value of property subject to the 24 occupancy tax pursuant to section 63-317, Idaho Code, for the preceding tax 25 year. 26 SECTION 143. That Section 63-802C, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 63-802C. ELECTION TO CREATE A NEW TAXING DISTRICT. In the case of an 29 election to create a new taxing district, the county clerk, of the county or 30 counties where the proposed taxing district is proposed to be located, shall 31 mail a notice of the election to all residences within the proposed taxing 32 district or to residents in the proposed taxing district who are eligible to 33 vote in this election. The notice shall be mailed not less than fourteen (14) 34 calendar days prior to the day of the election and shall state with 35 specificity: the purpose of the election, the date of the election, which 36 shall be on a date authorized in section 34-106, Idaho Code, the polling 37 places, the time the polls will be open, the aggregate amount of taxes that 38 will be raised in the proposed taxing district if the election is successful 39 and the increase that will occur per one hundred thousand dollars ($100,000) 40 of taxable value of property, above any exemptions, of residential property, 41 commercial property, industrial property, land actively devoted to agriculture 42 and operating property.The county clerk may bill the proposed taxing district43for reimbursement of costs of administering this section.Compliance with this 44 section shall satisfy any notice or publication requirement as may be provided 45 by law. 46 SECTION 144. That Section 63-1309, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 63-1309. SPECIAL TAXING DISTRICT OR BOND PROPOSAL DEFEATED IN ELECTION 49 BARS SUBSEQUENT ELECTIONS FOR SPECIFIED TIME -- EXCEPTION -- BOARD OF EDUCA- 50 TION MAY CONDUCT ELECTION -- MUNICIPALITIES, WATER OR SEWER DISTRICTS MAY CON- 51 DUCT BOND ELECTION. If any election has been held for the formation of any 82 1 special taxing district, or for the approval of any bond issue or other pro- 2 posal which would have resulted in a property tax levy, and the proposal sub- 3 mitted at such election was defeated, no subsequent election shall be held 4 withinsixfive (65) months from and after the date of such prior election for 5 the same or a similar purpose in any district which includes any part of the 6 area which was affected by the prior election. In the event any school build- 7 ing is destroyed or rendered unusable for school purposes by reason of fire, 8 flood or other catastrophe, and a school bond election for the purpose of the 9 replacement of such building is prohibited by the provisions of this section 10 or by the provisions of section 34-106, Idaho Code, the state board of educa- 11 tion shall have the power to authorize an election for such purpose by order 12 based upon a finding of such facts. The provisions of this section shall not 13 apply to school elections held solely for determining property tax levies for 14 general school purposes not involving the issuance of bonds. This time 15 requirement between elections shall not apply to municipalities or water 16 and/or sewer districts when bond issues are being proposed for the installa- 17 tion or improvement of water supply systems or public sewerage systems which 18 have been deemed necessary by the Idaho state board of health and welfare to 19 bring such system or systems in conformance with state statutes or rules of 20 the state board of health and welfare. 21 SECTION 145. That Section 63-3638, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 63-3638. SALES TAX -- DISTRIBUTION. All moneys collected under this chap- 24 ter, except as may otherwise be required in sections 63-3203 and 63-3709, 25 Idaho Code, shall be distributed by the tax commission as follows: 26 (1) An amount of money shall be distributed to the state refund account 27 sufficient to pay current refund claims. All refunds authorized under this 28 chapter by the commission shall be paid through the state refund account, and 29 those moneys are continuously appropriated. 30 (2) Five million dollars ($5,000,000) per year is continuously appropri- 31 ated and shall be distributed to the permanent building fund, provided by 32 section 57-1108, Idaho Code. 33 (3) Four million eight hundred thousand dollars ($4,800,000) per year is 34 continuously appropriated and shall be distributed to the water pollution con- 35 trol account established by section 39-3605, Idaho Code. 36 (4) An amount equal to the sum required to be certified by the chairman 37 of the Idaho housing and finance association to the state tax commission pur- 38 suant to section 67-6211, Idaho Code, in each year is continuously appropri- 39 ated and shall be paid to any capital reserve fund, established by the Idaho 40 housing and finance association pursuant to section 67-6211, Idaho Code. Such 41 amounts, if any, as may be appropriated hereunder to the capital reserve fund 42 of the Idaho housing and finance association shall be repaid for distribution 43 under the provisions of this section, subject to the provisions of section 44 67-6215, Idaho Code, by the Idaho housing and finance association, as soon as 45 possible, from any moneys available therefor and in excess of the amounts 46 which the association determines will keep it self-supporting. 47 (5) An amount equal to the sum required by the provisions of sections 48 63-709 and 63-717, Idaho Code, after allowance for the amount appropriated by 49 section 63-718(3), Idaho Code, is continuously appropriated and shall be paid 50 as provided by sections 63-709 and 63-717, Idaho Code. 51 (6) An amount required by the provisions of chapter 53, title 33, Idaho 52 Code. 53 (7) An amount required by the provisions of chapter 87, title 67, Idaho 83 1 Code. 2 (8) For fiscal year 2010, four million dollars ($4,000,000), of which one 3 million dollars ($1,000,000) shall be distributed to each of the forty-four 4 (44) counties in equal amounts, and three million dollars ($3,000,000) of 5 which shall be distributed to the forty-four (44) counties in the proportion 6 that the population of the county bears to the population of the state. For 7 fiscal year 2011 and for each fiscal year thereafter, the amount distributed 8 pursuant to this subsection (8) shall be adjusted annually by the tax commis- 9 sion in accordance with the consumer price index for all urban consumers 10 (CPI-U) as published by the U.S. department of labor, bureau of labor statis- 11 tics, but in no fiscal year shall the total amount allocated for counties 12 under this subsection (8) be less than four million dollars ($4,000,000). Each 13 county shall establish a special election fund to which shall be deposited all 14 revenues received from the distribution made pursuant to this subsection (8). 15 All such revenues shall be used exclusively to defray the costs associated 16 with conducting elections as required of county clerks by the provisions of 17 section 34-1401, Idaho Code. 18 (9) One dollar ($1.00) on each application for certificate of title or 19 initial application for registration of a motor vehicle, snowmobile, all- 20 terrain vehicle or other vehicle processed by the county assessor or the Idaho 21 transportation department excepting those applications in which any sales or 22 use taxes due have been previously collected by a retailer, shall be a fee for 23 the services of the assessor of the county or the Idaho transportation depart- 24 ment in collecting such taxes, and shall be paid into the current expense fund 25 of the county or state highway account established in section 40-702, Idaho 26 Code. 27 (910) Eleven and five-tenths percent (11.5%) is continuously appropriated 28 and shall be distributed to the revenue sharing account which is created in 29 the state treasury, and the moneys in the revenue sharing account will be paid 30 in installments each calendar quarter by the tax commission as follows: 31 (a) Twenty-eight and two-tenths percent (28.2%) shall be paid to the var- 32 ious cities as follows: 33 (i) Fifty percent (50%) of such amount shall be paid to the various 34 cities, and each city shall be entitled to an amount in the propor- 35 tion that the population of that city bears to the population of all 36 cities within the state; and 37 (ii) Fifty percent (50%) of such amount shall be paid to the various 38 cities, and each city shall be entitled to an amount in the propor- 39 tion that the preceding year's market value for assessment purposes 40 for that city bears to the preceding year's market value for assess- 41 ment purposes for all cities within the state. 42 (b) Twenty-eight and two-tenths percent (28.2%) shall be paid to the var- 43 ious counties as follows: 44 (i) One million three hundred twenty thousand dollars ($1,320,000) 45 annually shall be distributed one forty-fourth (1/44) to each of the 46 various counties; and 47 (ii) The balance of such amount shall be paid to the various coun- 48 ties, and each county shall be entitled to an amount in the propor- 49 tion that the population of that county bears to the population of 50 the state; 51 (c) Thirty-five and nine-tenths percent (35.9%) of the amount appropri- 52 ated in this subsection (910) shall be paid to the several counties for 53 distribution to the cities and counties as follows: 54 (i) Each city and county which received a payment under the provi- 55 sions of section 63-3638(e), Idaho Code, during the fourth quarter of 84 1 calendar year 1999, shall be entitled to a like amount during suc- 2 ceeding calendar quarters. 3 (ii) If the dollar amount of money available under this subsection 4 (910)(c) in any quarter does not equal the amount paid in the fourth 5 quarter of calendar year 1999, each city's and county's payment shall 6 be reduced proportionately. 7 (iii) If the dollar amount of money available under this subsection 8 (910)(c) in any quarter exceeds the amount paid in the fourth quarter 9 of calendar year 1999, each city and county shall be entitled to a 10 proportionately increased payment, but such increase shall not exceed 11 one hundred five percent (105%) of the total payment made in the 12 fourth quarter of calendar year 1999. 13 (iv) If the dollar amount of money available under this subsection 14 (910)(c) in any quarter exceeds one hundred five percent (105%) of 15 the total payment made in the fourth quarter of calendar year 1999, 16 any amount over and above such one hundred five percent (105%) shall 17 be paid fifty percent (50%) to the various cities in the proportion 18 that the population of the city bears to the population of all cities 19 within the state, and fifty percent (50%) to the various counties in 20 the proportion that the population of a county bears to the popula- 21 tion of the state; and 22 (d) Seven and seven-tenths percent (7.7%) of the amount appropriated in 23 this subsection (910) shall be paid to the several counties for distribu- 24 tion to special purpose taxing districts as follows: 25 (i) Each such district which received a payment under the provi- 26 sions of section 63-3638(e), Idaho Code, during the fourth quarter of 27 calendar year 1999, shall be entitled to a like amount during suc- 28 ceeding calendar quarters. 29 (ii) If the dollar amount of money available under this subsection 30 (910)(d) in any quarter does not equal the amount paid in the fourth 31 quarter of calendar year 1999, each special purpose taxing district's 32 payment shall be reduced proportionately. 33 (iii) If the dollar amount of money available under this subsection 34 (910)(d) in any quarter exceeds the amount distributed under para- 35 graph (i) of this subsection (910)(d), each special purpose taxing 36 district shall be entitled to a share of the excess based on the 37 proportion each such district's current property tax budget bears to 38 the sum of the current property tax budgets of all such districts in 39 the state. The state tax commission shall calculate district current 40 property tax budgets to include any unrecovered foregone amounts as 41 determined under section 63-802(1)(e), Idaho Code. When a special 42 purpose taxing district is situated in more than one (1) county, the 43 tax commission shall determine the portion attributable to the spe- 44 cial purpose taxing district from each county in which it is situ- 45 ated. 46 (iv) If special purpose taxing districts are consolidated, the 47 resulting district is entitled to a base amount equal to the sum of 48 the base amounts which were received in the last calendar quarter by 49 each district prior to the consolidation. 50 (v) If a special purpose taxing district is dissolved or 51 disincorporated, the state tax commission shall continuously distrib- 52 ute to the board of county commissioners an amount equal to the last 53 quarter's distribution prior to dissolution or disincorporation. The 54 board of county commissioners shall determine any redistribution of 55 moneys so received. 85 1 (vi) Taxing districts formed after January 1, 2001, are not entitled 2 to a payment under the provisions of this subsection (910)(d). 3 (vii) For purposes of this subsection (910)(d), a special purpose 4 taxing district is any taxing district which is not a city, a county 5 or a school district. 6 (101) Amounts calculated in accordance with section 2, chapter 356, laws 7 of 2001, for annual distribution to counties and other taxing districts begin- 8 ning in October 2001 for replacement of property tax on farm machinery and 9 equipment exempted pursuant to section 63-602EE, Idaho Code. For nonschool 10 districts, the state tax commission shall distribute one-fourth (1/4) of this 11 amount certified quarterly to each county. For school districts, the state tax 12 commission shall distribute one-fourth (1/4) of the amount certified quarterly 13 to each school district. For nonschool districts, the county auditor shall 14 distribute to each district within thirty (30) calendar days from receipt of 15 moneys from the tax commission. Moneys received by each taxing district for 16 replacement shall be utilized in the same manner and in the same proportions 17 as revenues from property taxation. The moneys remitted to the county trea- 18 surer for replacement of property exempt from taxation pursuant to section 19 63-602EE, Idaho Code, may be considered by the counties and other taxing dis- 20 tricts and budgeted at the same time, in the same manner and in the same year 21 as revenues from taxation on personal property which these moneys replace. If 22 taxing districts are consolidated, the resulting district is entitled to an 23 amount equal to the sum of the amounts which were received in the last calen- 24 dar quarter by each district pursuant to this subsection prior to the consoli- 25 dation. If a taxing district is dissolved or disincorporated, the state tax 26 commission shall continuously distribute to the board of county commissioners 27 an amount equal to the last quarter's distribution prior to dissolution or 28 disincorporation. The board of county commissioners shall determine any redis- 29 tribution of moneys so received. If a taxing district annexes territory, the 30 distribution of moneys received pursuant to this subsection shall be unaf- 31 fected. Taxing districts formed after January 1, 2001, are not entitled to a 32 payment under the provisions of this subsection. School districts shall 33 receive an amount determined by multiplying the sum of the year 2000 school 34 district levy minus .004 times the market value on December 31, 2000, in the 35 district of the property exempt from taxation pursuant to section 63-602EE, 36 Idaho Code, provided that the result of these calculations shall not be less 37 than zero (0). The result of these school district calculations shall be fur- 38 ther increased by six percent (6%). For purposes of the limitation provided by 39 section 63-802, Idaho Code, moneys received pursuant to this section as prop- 40 erty tax replacement for property exempt from taxation pursuant to section 41 63-602EE, Idaho Code, shall be treated as property tax revenues. 42 (112) Amounts necessary to pay refunds as provided in subsection (3) of 43 section 63-3641, Idaho Code, to a developer of a retail commercial complex 44 whose stores sell tangible personal property or taxable services subject to 45 the sales and use tax up to an aggregate total of thirty-five million dollars 46 ($35,000,000) per project shall be remitted to the demonstration pilot project 47 fund created in subsection (3) of section 63-3641, Idaho Code, and shall be 48 specific to and accounted for by each project. 49 (123) Any moneys remaining over and above those necessary to meet and 50 reserve for payments under other subsections of this section shall be distrib- 51 uted to the general fund. 52 SECTION 146. That Section 63-3641, Idaho Code, be, and the same is hereby 53 amended to read as follows: 86 1 63-3641. TANGIBLE PERSONAL PROPERTY SOLD BY CERTAIN RETAILERS. (1) A de- 2 veloper of a retail commercial complex whose stores sell tangible personal 3 property or taxable services and collected sales or use tax from customers at 4 the location of the developer's retail commercial complex may qualify for a 5 rebate of taxes paid on such purchases, but only if the developer of a retail 6 commercial complex whose stores sell tangible personal property or taxable 7 services has built a complex in Idaho that is of a minimum cost as provided in 8 subsection (2) of this section and has incurred costs in excess of eight mil- 9 lion dollars ($8,000,000) for the installation of an interchange from an 10 interstate highway or a highway enumerated in section 40-201, Idaho Code, by 11 the Idaho transportation department or a political subdivision or a contractor 12 of the transportation department or political subdivision and/or freeway 13 interchange improvements on land owned by the state of Idaho or a political 14 subdivision and/or auxiliary lanes necessitated by the design and construction 15 of interchanges. 16 (2) To qualify for the rebate, the developer of a retail commercial com- 17 plex whose stores sell tangible personal property or taxable services shall 18 have those stores collect sales and use taxes on sales of tangible personal 19 property or taxable services from the retail commercial complex. Any improve- 20 ment or alteration to a public highway must be bonded in accordance with the 21 public contracts bond act in chapter 19, title 54, Idaho Code. Once the devel- 22 oper of a retail commercial complex whose stores sell tangible personal prop- 23 erty or taxable services certifies that the retail commercial complex has 24 cost a minimum of four million dollars ($4,000,000) and the developer of a 25 retail commercial complex whose stores sell tangible personal property or 26 taxable services has expended in excess of eight million dollars ($8,000,000) 27 for the installation of an interchange and/or related interchange improvements 28 from an interstate highway by the Idaho transportation department or a politi- 29 cal subdivision or a contractor of the transportation department or political 30 subdivision and/or freeway interchange improvements, the developer may file 31 with the state tax commission a refund request of sixty percent (60%) of the 32 sales and use taxes collected for the sale of tangible personal property or 33 taxable services from stores in the retail commercial complex. The refund 34 request shall state that the developer of a retail commercial complex whose 35 stores sell tangible personal property or taxable services has constructed a 36 retail facility that meets the minimum expenditure requirements and also meets 37 the minimum expenditure requirements for an interchange and/or related freeway 38 interchange improvements and/or highway improvements to be eligible for the 39 rebate, and that the developer is entitled to receive a rebate of sixty per- 40 cent (60%) of all sales and use taxes collected by the stores in the retail 41 commercial complex that qualifies for the rebate created by this section. The 42 state tax commission may require that sufficient documentation be provided by 43 the developer of a retail commercial complex whose stores sell tangible per- 44 sonal property or taxable services regarding expenditures and shall require an 45 attestation from the Idaho transportation department or a political subdivi- 46 sion that the minimum requirements of this section have been met. The trans- 47 portation department or the political subdivision shall verify to the state 48 tax commission the amount of expenditures the developer has expended on the 49 interchange and/or related freeway interchange improvements and/or highway 50 improvements. 51 (3) Upon filing of a written refund claim by the developer of a retail 52 commercial complex whose stores sell tangible personal property or taxable 53 services entitled to the rebate, and subject to such reasonable documentation 54 and verification as the state tax commission may require, the rebate shall be 55 paid by the state tax commission from the demonstration pilot project fund, 87 1 which is hereby created in the state treasury, in a timely manner not to 2 exceed sixty (60) calendar days after receipt as funds are available. To qual- 3 ify for the rebate, stores in an eligible complex shall report their sales to 4 the state tax commission separately from other stores they own in the state. 5 Nothing in this section shall be deemed to hold the state of Idaho or any 6 political subdivision liable for any and all liens filed on a project subject 7 to rebate pursuant to this section. All sales and use tax information remitted 8 by retailers shall be deemed a trade secret, shall be confidential and shall 9 not be disclosed by the state tax commission. A developer of a retail commer- 10 cial complex whose stores sell tangible personal property or taxable services 11 must submit a claim for refund pursuant to this section within two (2) years 12 of the developer's last expenditure on the interchange and/or related freeway 13 interchange improvements and/or highway improvements. No interest shall be 14 paid by the state on moneys refunded and all moneys refunded shall be paid 15 from the sales tax account pursuant to subsection (112) of section 63-3638, 16 Idaho Code, and shall be limited to a total aggregate of thirty-five million 17 dollars ($35,000,000) or lesser amount if that is what was expended. 18 (4) Once the developer of a retail commercial complex whose stores sell 19 tangible personal property or taxable services has recouped its costs of 20 funding the interchange and/or related freeway interchange improvements and/or 21 highway improvements and/or related transportation infrastructure, the de- 22 veloper shall be ineligible to receive the rebate pursuant to this section. 23 (5) As used in this section: 24 (a) "Development of a retail commercial complex whose stores sell tangi- 25 ble personal property or taxable services" includes all buildings, the 26 parking lot, sidewalks and all accessory equipment including, but not lim- 27 ited to, lighting and traffic signs. Retail stores in the retail commer- 28 cial complex shall sell tangible personal property or taxable services 29 that are subject to the sales and use tax. 30 (b) "Freeway interchange improvements" includes on and off ramps, over- 31 pass and underpass improvements and signalization to facilitate the effec- 32 tive access from the interstate highway system. 33 (c) "Highway improvements" shall be improvements or upgrades to highways 34 enumerated in section 40-201, Idaho Code. 35 SECTION 147. That Section 63-4103, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 63-4103. PETITIONS FOR DISSOLUTION OF SPECIAL DISTRICTS. Proceedings for 38 the dissolution of a special district may be initiated by a petition contain- 39 ing the signatures of qualified electors of the district or owners of property 40 within the district equal in number to twenty-five percent (25%) of the larg- 41 est number of persons who voted for any director in the last election of 42 directors or if no election has been held within two (2) years then a petition 43 may be initiated by twenty-five (25) or more qualified electors or property 44 owners of the district. 45 The petition, when completed and verified, shall be filed with the clerk 46 of thecourt of thecounty or counties if more than one (1) county is 47 involved. The countycommissionersclerk shall publish notice and the county 48 commissioners shall hold a hearing on the matter. If necessary, they shall 49 hold an election, subject to the provisions of section 34-106, Idaho Code, on 50 the matter. The hearing and election shall be held in accordance with the 51 terms and provisions ofsections 40-1801 through 40-1809, andchapter 14, 52 title 34, Idaho Code. 88 1 SECTION 148. That Section 67-4907, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 67-4907. HEARINGS ON PETITIONS -- ELECTION FOR ORGANIZATION AND OFFICERS. 4 On the day fixed for such hearing or at an adjournment thereof the court 5 shall, if the petition proposes a property tax, ascertain from the tax rolls 6 of the county or counties in which the district is located or into which it 7 extends, the total number of taxpayers within the proposed district, who pay a 8 general tax on real property owned by him or her within the district. 9 If the court finds that no petition has been signed and presented in con- 10 formity with this chapter, or that the material facts are not as set forth in 11 the petition filed, it shall dismiss said proceedings and adjudge the costs 12 against the signers of the petition in such proportion as it shall deem just 13 and equitable. No appeal or writ of error shall lie from an order dismissing 14 said proceedings; but nothing herein shall be construed to prevent the filing 15 of a subsequent petition or petitions for similar improvements or for a simi- 16 lar district, and the right so to renew such proceedings is hereby expressly 17 granted and authorized. 18 Any time after the filing of the petition for the organization of a dis- 19 trict and before the day fixed for the hearing thereon, the owner or owners of 20 any real property within the proposed district may file a petition with the 21 district court stating reasons why said property should not be included 22 therein, why his land or any part thereof will not be benefited directly or 23 indirectly by the proposed district, or should not be embraced in said dis- 24 trict and made liable to taxation therefor, and praying that said property be 25 excluded therefrom. Such petition shall be duly verified and shall describe 26 the property sought to be excluded. The court shall conduct a hearing on said 27 petition and shall hear all objections to the inclusion in the district of any 28 lands described in said petition. In case any owner of real estate included in 29 said proposed district shall satisfy the court that his real estate, or any 30 part thereof, has been wrongfully included therein or will not be benefited 31 thereby then the court shall exclude such real estate as will not be bene- 32 fited. 33 Upon said hearing, if it shall appear that a petition for the organization 34 of a district has been signed and presented as hereinabove provided, in con- 35 formity with this chapter, and that the allegations of the petition are true, 36 the court shall, by order duly entered of record, direct that the question of 37 the organization of the district shall be submitted to the qualified electors 38 of the district at an election to be held, subject to the provisions of sec- 39 tion 34-106, Idaho Code, for that purpose, and such order shall direct the 40 county clerk to appoint three (3) qualified electors of the district as judges 41 of said election. The county clerk of thecourtcounty having jurisdiction 42 shall give published notice of the time and place of an election to be held in 43 the district. 44 Such election shall be held and conducted inthe same manner as general45elections in this stateaccordance with the provisions of title 34, Idaho 46 Code. 47 At any time after the filing of the petition herein referred to and before 48 the day fixed for hearing, nominees for the board of directors of the district 49 may be nominated by the filing of a petition designating the name or names of 50 the nominee or nominees, signed by at least five (5) qualified electors of the 51 district. If upon the hearing as herein provided the court shall order an 52 election for the creation of the district, the court shall also ascertain the 53 names of persons nominated by the board of directors, and shall order that the 54 names of persons whom the court finds to have been properly nominated shall be 89 1 listed upon a ballot submitted to the electors at such election. In the event 2 the court makes its order providing for such election, it shall prescribe the 3 form of the question and ballot relating to the election of the directors, 4 provided that all matters may be contained upon one (1) ballot to be submitted 5 to the voters. 6 At such election the voters shall vote for or against the organization of 7 the district, and for five (5) qualified electors, who shall constitute the 8 board of directors of the district, if organized, one (1) director to act 9 until the first biennial election, two (2) until the second, and two (2) until 10 the third biennial election. 11 Thejudges of electioncounty board of canvassers shall certify the 12 returns of the election to the district court having jurisdiction. If a major- 13 ity of the votes cast at said election are in favor of the organization, the 14 district court shall declare the district organized and give it a corporate 15 name by which, in all proceedings, it shall thereafter be known, and desig- 16 nated the first board of directors elected, and thereupon the district shall 17 be a governmental subdivision of the state of Idaho and a body corporate with 18 all the powers of a public or quasi-municipal corporation except that dis- 19 tricts formed prior to January 1, 1987, or districts with twenty-five thousand 20 (25,000) or more population shall have no power to levy and collect property 21 taxes. 22 If an order be entered establishing the district, such order shall be 23 deemed final and no appeal or writ of error shall lie therefrom, and the entry 24 of such order shall finally and conclusively establish the regular organiza- 25 tion of the said district against all persons except the state of Idaho, in an 26 action in the nature of a writ of quo warranto, commenced by the attorney gen- 27 eral within thirty (30) days after said decree declaring such district orga- 28 nized as herein provided, and not otherwise. The organization of said district 29 shall not be directly or collaterally questioned in any suit, action or pro- 30 ceeding except as herein expressly authorized. 31 SECTION 149. That Section 67-4922, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 67-4922. SUBMISSION OF PROPOSITION TO ELECTORATE. Whenever any board 34 authorized to levy and collectad valoremproperty taxes shall, by resolution, 35 determine that the interest of said district and the public interest or neces- 36 sity demand the acquisition, construction, installation or completion of any 37 works or other improvements or facilities, or the making of any contract with 38 the United States or other persons or corporations, public or private, munici- 39 palities, or governmental subdivisions, to carry out the objects or purposes 40 of said district, requiring the creation of an indebtedness of seventy-five 41 thousand dollars ($75,000) or more, and in any event when the indebtedness 42 will exceed the income and revenue provided for the year, said board shall 43 order the submission of the proposition of issuing such obligations or bonds, 44 or creating other indebtedness to the qualified electors of the district at an 45 election held for that purpose. The declaration of public interest or neces- 46 sity herein required and the provision for the holding of such election may be 47 included within one and the same resolution, which resolution, in addition to 48 such declaration of public interest or necessity, shall recite the objects and 49 purposes for which the indebtedness is proposed to be incurred, the estimated 50 cost of the works or improvements, as the case may be, the amount of principal 51 of the indebtedness to be incurred therefor, and the maximum rate of interest 52 to be paid on such indebtedness. Such resolution shall also fix the date upon 53 which such election shall be held, subject to the provisions of section 90 1 34-106, Idaho Code, and the manner of holding the same in accordance with the 2 provisions of title 34, Idaho Code, and the method of voting for or against 3 the incurring of the proposed indebtedness. Such resolution shall also fix the 4 compensation to be paid the officers of the election and shall direct the 5 county clerk to designate the polling place or places, andshallappoint, for 6 each polling place from the electors of the district, the officers of such 7 election, consisting of three (3) judges, one (1) of whom shall act as clerk. 8 SECTION 150. That Section 67-4923, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 67-4923. NOTICE OF ELECTION. The board of a district authorized to levy 11 and collectad valoremproperty taxes shall prescribe the form of the notice 12 of election, and direct the publication of the same, the first publication of 13 said notice to benot less than twelve (12) days prior to the election and the14second notice shall be not less than five (5) days prior to the electionas 15 prescribed in chapter 14, title 34, Idaho Code. 16 SECTION 151. That Section 67-4924, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 67-4924. CONDUCT OF ELECTION -- CANVASS OF RETURNS. Theelection board or19boards of a district authorized to levy and collect ad valorem taxescounty 20 clerk shall conduct the election in the manner prescribed bylaw for the hold-21ing of general elections, includingthe provisions of chapter 14, title 34, 22 Idaho Code, andshall make their returns to the secretary of the district. At23any regular or special meeting of the board held within ten (10) days follow-24ing the date of such election,the returns thereof shall be canvassed and the 25 results thereof declared. 26 SECTION 152. That Section 67-4929, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 67-4929. INCLUSION OR EXCLUSION -- ELECTION PROCEDURE. Whenever under the 29 provisions of sections 67-4918 and 67-4919, Idaho Code, owners or owners in 30 fee of any real property have petitioned for inclusion or exclusion of prop- 31 erty within the district, and the petition has been denied, the petitioners 32 shall be entitled to an election as provided in this section: 33 (a) A petition may be filed with the county commissioners and shall be 34 signed by not less than eightyper centpercent (80%) of the qualified elec- 35 tors resident within the boundaries of the area proposed to be included or 36 excluded. 37 (b) Within thirty (30) days after the filing of such petition, the county 38 commissioners shall determine whether or not the same substantially complies 39 with the requirements of this section. If the county commissioners find that 40 there has not been substantial compliance with such requirements, they shall 41 enter an order to that effect specifying the particular deficiencies and dis- 42 missing the petition. If the county commissioners find that there has been 43 substantial compliance with such requirements, the county commissioners shall 44 forthwith enter an order to the effect that the question of the inclusion or 45 exclusion of property within the district be placed on the ballot at the next 46 county general election. 47 (c) If the county commissioners order a question to be placed on the bal- 48 lot as provided in this section, such election shall be conducted and notice 49 thereof givenas nearly as practicable in accordance with the manner of gen-91 1eral elections in this stateby the county clerk in accordance with the provi- 2 sions of title 34, Idaho Code. 3 (d) Immediately after such election, thejudges at such election shall4forward the ballots and results of such election to the clerk. Thecounty com- 5 missioners shall canvass the votewithin ten (10) days after such electionas 6 provided in chapter 12, title 34, Idaho Code. If one-half (1/2) or more of the 7 votes cast at such election within the district are in favor of allowing the 8 inclusion or exclusion, the county commissioners shall enter an order so find- 9 ing and declaring that the boundaries of such district are revised as provided 10 by the election. The county commissioners shall cause one (1) certified copy 11 of such order to be filed in the office of the county recorder of such county. 12 Immediately upon the entry of such order, the change in boundaries so ordered 13 shall be complete. 14 (e) After such election, the validity of the proceedings hereunder shall 15 not be affected by any defect in the petition or in the number or qualifica- 16 tions of the signers thereof, and in no event shall any action be commenced or 17 maintained or defense made affecting the validity of the inclusion or exclu- 18 sion of such property after six (6) months has expired from the date of enter- 19 ing the order declaring the change in boundaries of such district. 20 (f) The provisions of section 67-4920, Idaho Code, relating to liability 21 for indebtedness of included or excluded property of a district authorized to 22 levy and collectad valoremproperty taxes shall apply to property included or 23 excluded as provided in this section. 24 SECTION 153. That Section 67-4930, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 67-4930. DISSOLUTION OF DISTRICT -- PROCEDURE. An auditorium district may 27 be dissolved as follows: 28 (a) Any person or persons may file a petition for the dissolution of an 29 auditorium district with the clerk. Such petition which may be in one (1) or 30 more papers, shall state the name of the district and shall be signed by not 31 less than three thousand (3,000) qualified electors resident within the bound- 32 aries of the district. 33 (b) Within thirty (30) days after the filing of such petition, the county 34 commissioners shall determine whether or not the same substantially complies 35 with the requirements of this section. If the county commissioners find that 36 there has not been substantial compliance with such requirements, they shall 37 enter an order to that effect specifying the particular deficiencies and dis- 38 missing the petition. If the county commissioners find that there has been 39 substantial compliance with such requirements, the county commissioners shall 40 forthwith enter an order to that effect and calling an election upon the dis- 41 solution of such district to be held at the same time as the next county gen- 42 eral election, as provided in this section. 43 (c) If the county commissioners order an election as provided in this 44 section, such election shall be conducted and notice thereof givenas nearly45as practicable in accordance with the manner of general elections in this46stateby the county clerk in accordance with the provisions of title 34, Idaho 47 Code. 48 (d) Immediately after such election, thejudges at such election shall49forward the ballots and results of such election to the clerk. Thecounty com- 50 missioners shall canvass the votewithin ten (10) days after such electionas 51 provided in chapter 12, title 34, Idaho Code. If one-half (1/2) or more of the 52 votes cast at such election are against the dissolution of such district, the 53 county commissioners shall enter an order so finding and declaring that such 92 1 district shall not be dissolved. If more than one-half (1/2) of the votes cast 2 at such election are in favor of dissolving such district, the county commis- 3 sioners shall enter an order so finding and declaring such district duly dis- 4 solved. The county commissioners shall cause one (1) certified copy of such 5 order to be filed in the office of the county recorder of such county. Immedi- 6 ately upon the entry of such order, the dissolution of such district shall be 7 complete. 8 (e) Upon such dissolution being complete, title of all property of the 9 dissolved district shall vest in the county where such property is situated. 10 The county commissioners shall then: sell and dispose thereof in the manner 11 provided by law for the sale or disposition of county property; apply the pro- 12 ceeds thereof to pay any lawful claims against the dissolved district, if any; 13 and apply the balance remaining, if any, to any public purpose within the 14 county. 15 (f) When the boundaries of the district lie in two (2) or more counties, 16 the county commissioners of each county shall act separately in the election 17 and dissolution of that part of the district contained in their county but the 18 county commissioners of each such county shall meet together before calling 19 such election and provide for uniform proceedings in each county. If there is 20 any balance remaining after sale and disposition of the property of such dis- 21 solved district, it shall be prorated among such counties in proportion to 22 each county's share of the total assessed valuation of such dissolved district 23 for the preceding calendar year. 24 (g) After such election, the validity of the proceedings hereunder shall 25 not be affected by any defect in the petition or in the number or qualifica- 26 tions of the signers thereof, and in no event shall any action be commenced or 27 maintained or defense made affecting the validity of the dissolution of such 28 district after six (6) months has expired from the date of entering the order 29 declaring the dissolution of such district. 30 SECTION 154. That Section 70-1210, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 70-1210. ELECTION PROCEDURE.-- SUPPLIES.Such general election shall be 33 conductedin the same manner as, and under the laws relating to, the conduct34of general county elections includingby the county clerk according to the 35 provisions of chapter 14, title 34, Idaho Code.The port commission may, with36the consent of the county commissioners, elect to use, with the county, joint37election supplies such as tally books, joint ballots, election stamps and the38like or so much thereof as the commission may determine.39 SECTION 155. That Section 70-1215, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 70-1215. ADDITIONAL ELECTIONS. Additional elections within any port dis- 42 trict may be held at such times and for the submission of such propositions or 43 proposals as the port commission may by resolution prescribe, subject to the 44 limitations provided in section 34-106, Idaho Code. Such elections shall be 45 conducted by the county clerk in accordance with the general election laws of 46 the state, including chapter 14, title 34, Idaho Code. 47 SECTION 156. That Section 70-1217, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 70-1217. ADDITIONAL ELECTIONS -- POLLING PLACES. For such additional 93 1 elections, there shall be not less than one (1) polling place within each port 2 commissioner district. It shall be the duty of theportcounty commissioners 3 at least twenty (20) days before all special elections, to designate by reso- 4 lution the polling places for such special election, andtothe county clerk 5 shall appoint three (3) election officials for each polling place. 6 SECTION 157. That Section 70-1219, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 70-1219. ELECTIONS -- CANVASS OF VOTE. The returns of all port district 9 elections, except formation and annexation elections,shall be canvassed by 10 theport commission, whichcounty board of canvassers who shall meetwithin11fifteen (15) days following such selectionand proceed to canvass the same in 12 accordance with the provisions of title 34, Idaho Code, and shall thereupon 13 declare the results. 14 SECTION 158. That Section 70-1220, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 70-1220. ELECTIONS -- EXPENSES. All expenses of elections for the forma- 17 tion of a port district and annexations thereto, and any other port district 18 elections, shall be paid by the county or counties holding such election, and 19 such expenditure is hereby declared to be for a county purpose.The port dis-20trict shall bear the expenses, or the proportional share of the expense, if21held in conjunction with other elections, of all other port district elec-22tions.23 SECTION 159. (1) Section 145 of this act shall be in full force and 24 effect on and after January 1, 2009. 25 (2) Sections 1 through 144 and Sections 146 through 158 of this act shall 26 be in full force and effect on and after January 1, 2010.
STATEMENT OF PURPOSE
RS 17983
The purpose of this legislation is to amend various sections
of Idaho Code to do the following:
1. To provide uniform, comprehensive, and objective
information to voters and to conduct all elections in the most
consistent and professional manner possible. The authority to
conduct elections in Idaho is vested in the County Clerk.
2. To increase voter participation and enhance predictability
for voters regarding when to vote. All elections will be conducted
on four dates as follows:
a. All partisan races (federal, state, and county) will
be held on the fourth Tuesday in May and the Tuesday following the
first Monday in November in even numbered years. Included in even
numbered years will be bond or levy questions as allowed by law,
state-wide ballot questions, and judicial races.
b. All non-partisan races (city, districts, and boards)
will be held on the fourth Tuesday in May and the Tuesday following
the first Monday in November in odd numbered years. Included also
in odd numbered years will be local levy, bond, and ballot
questions.
c. Schools receive two (2) additional dates during any
year for conducting supplemental levy elections - the second
Tuesday of March and the Tuesday following the first Monday of
September.
3. To increase voter participation, all elections will be held
at traditional precinct voting places as designated by county
clerks on one of the aforementioned dates.
This legislation amends the timing, location, administering
authority, and notification and information of elections. It does
not change same day registration, absentee voting, voter passage
thresholds, or political party participation in any primary or
general election.
By authorizing county clerks to administer and conduct every
aspect of elections there will be some fiscal savings for school
districts and taxing districts associated with expenses for
previous voter notification and election administration.
This legislation amends the term of office for some boards to
transition into the new voting dates and election cycles.
Financial mechanisms are effective January 1, 2009 and election
procedures are effective January 1, 2010.
FISCAL NOTE
This legislation distributes annually $4,000,000 from the total
state sales tax receipts to an election fund, then subsequently
disbursed to all counties based upon a formula for the conduct of
elections. The first one million dollars ($1,000,000) will be
distributed equally to each county and the remaining three
($3,000,000) will be distributed based on total county population.
Because the above distribution is a diversion of sales tax dollars
before statutory distribution to the cities and counties, the
actual impact to the general fund is $3,580,000.
Contact
Representative Ken Roberts
Representative Dennis Lake
Phone: (208)332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 637