Legals for November, 2 2022
Idaho Constitutional Amendment SJR 102 Legislative Council’s Statement of Meaning, Purpose, and Result to Be Accomplished Currently, the Legislature may meet in a special session only upon call of the Governor. The proposed amendment would allow the Legislature to convene itself in special session if 60% of the members in each house submit a petition to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The petition must specify the subjects to be addressed in the special session, and only those subjects could be considered during the special session. The amendment also requires the Legislature to hold an organizational session in December following a general election. The purpose of the organizational session is to prepare for the upcoming regular session. The proposed amendment would formalize in the Idaho Constitution the Legislature’s longstanding practice of holding an organizational session. Statements FOR the Proposed Amendment 1. This constitutional amendment is needed to correct an imbalance of power among the three branches of government. The executive and judicial branches of government have no restrictions on their ability to conduct business when and as they deem appropriate, and the legislative branch should have the same power. 2. Idaho is one of just 12 states whose legislature has no power to convene itself into a special session under certain circumstances. The Idaho Legislature should not be dependent on the Governor to call it into special session when extraordinary events occur. For example, in 2020, the Idaho Legislature wished to convene to consider Covid-19 matters and the expenditure of federal funding related to the pandemic but the Governor delayed convening the Legislature. Idaho should join the 38 states (including all of Idaho’s neighboring states) that recognize the legislative branch of government’s right to determine independently when it should convene and conduct the business of the people it represents. 3. Authorizing the Legislature to convene itself into special session will prevent the need for one or both houses of the Legislature to defer adjourning sine die indefinitely as happened in 2021 when the House of Representatives wanted to preserve its right to take up anticipated issues later in the year. Deferring the date of adjourning sine die results in numerous administrative problems such as delaying effective dates of legislation and administrative rules. If the Legislature is able to convene itself, there will be no need to avoid adjourning sine die. 4. The proposed amendment contains sufficient safeguards against any potential abuse of power by limiting the subjects of legislation to be considered during a special session to those listed in the petition, just as a special session called by the Governor is limited to the subjects listed in the Governor’s proclamation. Statements AGAINST the Proposed Amendment 1. The Legislature has conducted its business for over 130 years without needing the ability to call itself into special session. This constitutional amendment is not necessary because the Governor has called and can continue to call the Legislature into a special session when necessary. Passing this amendment would remove a check and balance from the Idaho Constitution. 2. The Idaho Legislature is a part-time citizen legislature. The proposed amendment provides no limitations on how often special sessions may be called or how long they may last. Idaho should not move toward having a full-time legislature, and Idaho’s part-time citizen legislators with other careers should not be burdened with sudden, unpredictable special sessions. 3. Idaho businesses and citizens need the stable, predictable, and routine timeline of the regular legislative session to communicate with legislators regarding the effects that pending legislation may have on businesses and citizens. The ability of the Legislature to convene itself into various special sessions may result in the passage of legislation that has not been properly vetted and could result in unintended consequences for Idaho businesses and citizens. 4. The proposed amendment requires a petition signed by only 60% of the members of each house of the Legislature. This threshold is too low. Many states require a higher percentage, such as 67% or 75%. A higher percentage would deter the Legislature from convening itself for subjects that may be trivial, vague, or not widely agreed upon. Amendment Text Section 8. SESSIONS OF THE LEGISLATURE. (1) The regular sessions of the legislature must be held annually at the capital of the state, commencing on the second Monday of January of each year, unless a different day shall have been appointed by law, and at other times in extraordinary sessions when convened by the governor and in organizational sessions commencing on the first Thursday of December after the general election, unless a different day shall have been appointed by law. (2) The legislature, while remaining a part-time, citizen legislature, must also be convened in special session by the president pro tempore of the senate and the speaker of the house of representatives upon receipt of a joint written petition of at least sixty percent of the membership of each house, specifying the subjects to be considered. Such special session must commence no later than fifteen days after the petition is received by the president pro tempore of the senate and the speaker of the house of representatives. At a special session convened pursuant to this section, the legislature shall have no power to consider or pass any bills or resolutions on any subjects other than those specified in the petition and those necessary to provide for the expenses of the session. Legal#10929 AD#560650 September 29, October 20, November 3, 2022 _________________________
PUBLIC NOTICE OF INTENT TO PROPOSE OR PROMULGATE NEW OR CHANGED AGENCY RULES The following agencies of the state of Idaho have published the complete text and all related, pertinent information concerning their intent to change or make the following rules in the latest publication of the state Administrative Bulletin. The proposed rule public hearing request deadline is November 16, 2022, unless otherwise posted. The proposed rule written comment submission deadline is November 23, 2022, unless otherwise posted. (Temp & Prop) indicates the rulemaking is both Temporary and Proposed. (*PH) indicates that a public hearing has been scheduled. IDAPA 21 - IDAHO DIVISION OF VETERANS SERVICES 351 Collins Rd, Boise, ID 83702 21-0101-2201, Rules Governing Admission, Residency, and Maintenance Charges in Idaho State Veterans Homes and Division of Veterans Services Administrative Procedure. Rulemaking accurately comports rule with the Unclaimed Property Act in state statute regarding an eligible applicant’s assignment of assets upon death, discharge, or voluntary departure; and clarifies rights of a resident for notices of transfer, discharge, or denial of an application for residency. NOTICE OF ADOPTION OF TEMPORARY RULE ONLY IDAPA 08 - STATE BOARD OF EDUCATION 08-0203-2203, Rules Governing Thoroughness Please refer to the Idaho Administrative Bulletin November 2, 2022, Volume 22-11, for the notices and text of all rulemakings, proclamations, negotiated rulemaking and public hearing information and schedules, executive orders of the Governor, and agency contact information. Issues of the Idaho Administrative Bulletin can be viewed at www.adminrules.idaho.gov/ Office of the Administrative Rules Coordinator, Division of Financial Management, PO Box 83720, Boise, ID 83720-0032 Phone: 208-334-3900; Email: adminrules@dfm.idaho.gov Legal#4300 AD#568823 November 1, 2022 _________________________
LEGAL NOTICE The following application(s) have been filed to appropriate the public waters of the State of Idaho: 96-11715 SHAWN AUSTIN 8920 S PLACITA RANCHO DE LA VIS VAIL, AZ 85641-2483 Point of Diversion SENE S26 T55N R04W BONNER County Source GROUND WATER Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.06 CFS Date Filed: 06-20-2022 Place Of Use: DOMESTIC T55N R04W S26 SENE, NESE 96-11989 THOMAS BARNHART PO BOX 1010 ATHOL, ID 83801-1010 Point of Diversion L1(SWNW) S3 T55N R04W BONNER County Source GROUND WATER Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.04 CFS Date Filed: 07-18-2022 Place Of Use: DOMESTIC T55N R04W S3 SWNW L1(NWSW),L1(SWNW), 96-12056 HOLLY JANHSEN 515 EAST CEDAR LN PRIEST RIVER, ID 83856-8729 Point of Diversion L4(NESE) S28 T56N R05W BONNER County Source PEND OREILLE RIVER Tributary COLUMBIA RIVER Use: IRRIGATION 4 /1 to 10/31 Total Diversion: 0.03 CFS Date Filed: 07-28-2022 Place Of Use: IRRIGATION T56N R05W S28 L4(NESE) Total Acres: 0.7 96-12215 HERBERT JANHSEN 515 EAST CEDAR LN PRIEST RIVER, ID 83856 Point of Diversion SWNE S26 T56N R05W BONNER County Source PEND OREILLE RIVER Tributary COLUMBIA RIVER Use: IRRIGATION 4 /1 to 10/31 Total Diversion: 0.05 CFS Date Filed: 08-10-2022 Place Of Use: IRRIGATION T56N R05W S26 NWSE,L3(SWNE) Total Acres: 1 96-13094 THOMAS BARNHART PO BOX 1010 ATHOL, ID 83801-1010 Point of Diversion SWNW S3 T55N R04W BONNER County Source PEND OREILLE RIVER Tributary COLUMBIA RIVER Use: IRRIGATION 04/01 to 10/31 Total Diversion: 0.09 CFS Date Filed: 10-17-2022 Place Of Use: IRRIGATION T55N R04W S3 L1(NWSW), L1(SWNW) Total Acres: 3 96-13281 BRIAN CARNEY WENDY CARNEY 10947 N ACOMA DR SPOKANE, WA 99208-9098 Point of Diversion NESW S3 T55N R04W BONNER County Source PEND OREILLE RIVER Tributary COLUMBIA RIVER Use: IRRIGATION 04/01 to 10/31 Total Diversion: 0.03 CFS Date Filed: 10-18-2022 Place Of Use: IRRIGATION T55N R04W S3 L2(NESW) Total Acres: 0.5 97-8833 542 WARREN BEACH LLC PO BOX 883 LIBERTY LAKE, WA 99019-0883 Point of Diversion L2(SWSE) S9 T59N R04W BONNER County Source PRIEST LAKE Tributary PRIEST RIVER Use: IRRIGATION 4 /1 to 10/31 Total Diversion: 0.02 CFS Date Filed: 06-16-2022 Place Of Use: IRRIGATION T59N R04W S9 L2(SWSE) Total Acres: 0.8 97-8834 542 WARREN BEACH LLC PO BOX 883 LIBERTY LAKE, WA 99019-0883 Point of Diversion L2(SWSE) S9 T59N R04W BONNER County Source PRIEST LAKE Tributary PRIEST RIVER Use: IRRIGATION 4 /1 to 10/31 Total Diversion: 0.01 CFS Date Filed: 06-16-2022 Place Of Use: IRRIGATION T59N R04W S9 L2(SWSE) Total Acres: 0.2 97-8844 DERRICK PARKER 2414 S MAGNOLIA ST SPOKANE, WA 99203-3826 Point of Diversion L2(NWNE) S3 T59N R04W BONNER County Source PRIEST LAKE Tributary PRIEST RIVER Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.04 CFS Date Filed: 06-17-2022 Place Of Use: DOMESTIC T59N R04W S3 L2(NWNE),L2(NENW) 97-8883 PATRICIA ANDERSON 956 RESER RD WALLA WALLA, WA 99362-9070 Point of Diversion NENE S16 T61N R04W BONNER County Source PRIEST LAKE Tributary PRIEST RIVER Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.04 CFS Date Filed: 06-23-2022 Place Of Use: DOMESTIC T61N R04W S16 L1(NENE), NENE 97-8888 KMK, LLC PO BOX 2772 BOISE, ID 83701 Point of Diversion SESE S9 T59N R04W BONNER County Source PRIEST LAKE Tributary PRIEST RIVER Use: DOMESTIC 04/1 to 10/31 Total Diversion: 0.02 CFS Date Filed: 06-23-2022 Place Of Use: DOMESTIC T59N R04W S9 SESE 97-8896 VALENCIA WETLAND MANAGEMENT LLC PO BOX 1449 PRIEST RIVER, ID 83856-1449 Point of Diversion L3(NWSW) S19 T56N R04W BONNER County Source GROUND WATER Use: DOMESTIC 1 /1 to 12/31 0.04 CFS Use: IRRIGATION 4 /1 to 10/31 0.16 CFS Total Diversion: 0.16 CFS Date Filed: 06-25-2022 Place Of Use: DOMESTIC,IRRIGATION T56N R04W S19 L2(SWNW), SENW Total Acres: 8.2 97-9022 BEAVER LAKE LLC PO BOX 55 PRIEST RIVER, ID 83856-0055 Point of Diversion SENE S3 T56N R04W BONNER County Source SANBORN CREEK Tributary PRIEST RIVER Use: FIRE PROTECTION 1 /1 to 12/31 7 AF Use: WILDLIFE 1 /1 to 12/31 7 AF Total Diversion: 7 AF Date Filed: 06-30-2022 Place Of Use: FIRE PROTECTION,WILDLIFE T56N R04W S3 SENE 97-9065 DELISA STEIN 15073 N NIXON LOOP RATHDRUM, ID 83858-8284 Point of Diversion NENW S18 T56N R05W BONNER County Source GROUND WATER Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.04 CFS Date Filed: 06-30-2022 Place Of Use: DOMESTIC T56N R05W S18 NENW 97-9586 FRANK O NEILL BARBARA O NEILL 5412 S QUAIL RIDGE CIR SPOKANE, WA 99223-6391 Point of Diversion SESW S6 T60N R04W BONNER County Source PRIEST LAKE Tributary PRIEST RIVER Use: DOMESTIC 01/01 to 12/31 Total Diversion: 0.04 CFS Date Filed: 10-05-2022 Place Of Use: DOMESTIC T60N R04W S6 SESW,L11(SESW) Permits will be subject to all prior water rights. For additional information concerning the property location, contact the Northern office at (208)762-2800; or for a full description of the right(s), please see https://idwr.idaho.gov/apps/ExtSearch/WRApplicationResults/. Protests may be submitted based on the criteria of Idaho Code § 42-203A. Any protest against the approval of this application must be filed with the Director, Dept. of Water Resources, Northern Region, 7600 N MINERAL DR STE 100, COEUR D ALENE ID 83815-7763 together with a protest fee of $25.00 for each application on or before 11/21/2022. The protestant must also send a copy of the protest to the applicant. GARY SPACKMAN, Director Legal#4659 AD#568870 November 2, 9, 2022 _________________________