HOUSE BILL NO. 689 – Auditorium dist fund, use
H0689...................................................by LOCAL GOVERNMENT
AUDITORIUM DISTRICT - Amends existing law to prohibit the use of auditorium
district funds to advertise or promote a measure, including a ballot
02/16    Rpt prt - to Loc Gov
02/19    Rpt out - Ref'd to Rev/Tax
BY LOCAL GOVERNMENT COMMITTEE
2    RELATING TO THE GENERAL  POWERS  OF  AUDITORIUM  DISTRICTS;  AMENDING  SECTION
3        67-4912,  IDAHO  CODE, TO PROHIBIT THE USE OF AUDITORIUM DISTRICT FUNDS TO
4        ADVERTISE OR PROMOTE A MEASURE INCLUDING BALLOT MEASURES AND TO MAKE TECH-
5        NICAL CORRECTIONS.
7        SECTION 1.  That Section 67-4912, Idaho Code, be, and the same  is  hereby
8    amended to read as follows:
9        67-4912.  GENERAL  POWERS  OF BOARD. For and on behalf of the district the
10    board shall have the following powers:
11        (a)  To have perpetual existence;
12        (b)  To have and use a corporate seal;
13        (c)  To sue and be sued, and be a party to suits,  actions,  and  proceed-
14    ings;
15        (d)  Except  as otherwise provided in this act chapter, to enter into con-
16    tracts and agreements, cooperative and otherwise, affecting the affairs of the
17    district, including contracts with the United States of America and any of its
18    agencies or instrumentalities, and contracts with corporations, public or pri-
19    vate, municipalities, or governmental subdivisions, and to cooperate with  any
20    one  (1)  or  more  of  them  in building, erecting, marketing or constructing
21    facilities within the district. Except in  cases  in  which  a  district  will
22    receive  aid  from a governmental agency, a notice shall be published for bids
23    on all construction contracts for work or  material,  or  both,  involving  an
24    expense of five thousand dollars ($5,000) or more. The district may reject any
25    and all bids, and if it shall appear that the district can perform the work or
26    secure material for less than the lowest bid, it may proceed so to do;
27        (e)  To  borrow money and incur indebtedness and evidence the same by cer-
28    tificate, notes or debentures, and to issue bonds, in accordance with the pro-
29    visions of this act chapter;
30        (f)  To acquire, dispose of and encumber real and personal  property,  and
31    any interest therein, including leases and easements within said district;
32        (g)  To  refund  any bonded indebtedness of the district without any elec-
33    tion; provided, however, that the obligations of the  district  shall  not  be
34    increased by any refund of bonded indebtedness. Otherwise the terms and condi-
35    tions of refunding bonds shall be substantially the same as those of an origi-
36    nal issue of bonds;
37        (h)  To  have  the management, control and supervision of all the business
38    and affairs of the district, and the construction, installation, operation and
39    maintenance of district facilities therein or therefor;
40        (i)  To hire and retain agents, employees, engineers and attorneys;
41        (j)  To construct and maintain works and establish and maintain facilities
42    across or along any public street or highway, and in, upon or over any  vacant
43    public  lands,  which public lands are now, or may become, the property of the
1    state of Idaho, and to construct works and establish and  maintain  facilities
2    across  any  stream  of water or watercourse; provided, however, that the dis-
3    trict shall promptly restore any such street or highway to its former state of
4    usefulness as nearly as may be, and shall not use the same in such  manner  as
5    to completely or unnecessarily impair the usefulness thereof;
6        (k)  To fix and from time to time to increase or decrease rates, tolls or
7    charges  for  services  or facilities furnished by the district, and to pledge
8    such revenue for the payment of any indebtedness of the  district.  The  board
9    shall fix rates, tolls and charges;
10        (l)  To  petition  to enlarge the district by obtaining the consent of not
11    less than ten percent (10%) of the qualified electors of any  area  to  be  so
12    included,  and then to follow the procedure set forth herein for creating said
13    district;
14        (m)  To promote any functions for said district, provided that said  board
15    shall  not engage in operations that are inconsistent with the purpose of said
16    district and, provided further, that no district funds shall be used to adver-
17    tise or promote a measure, as defined in section 67-4931, Idaho Code,  includ-
18    ing  a bonding measure; and it shall be the policy of the board not to compete
19    with existing facilities and services in the district, wherever practicable;
20        (n)  To adopt and amend by-laws bylaws not in conflict with the  constitu-
21    tion  and  laws of the state for carrying on the business, objects and affairs
22    of the board and of the districts;
23        (o)  To have and exercise all rights and powers necessary or incidental to
24    or implied from the specific powers  granted  herein,  except  that  districts
25    formed  prior  to  January  1,  1987,  or  districts with twenty-five thousand
26    (25,000) or more population shall have no power to levy and collect ad valorem
27    property taxes. Such specific powers shall not be considered as  a  limitation
28    upon  any  power necessary or appropriate to carry out the purposes and intent
29    of this act chapter.
This legislation prohibits the use of auditorium district funds to
advertise or promote ballot measures of the district. A "ballot
measure" would include proposals to create or dissolve an
auditorium district, as well as proposals to incur bonded
indebtedness.
There is no fiscal impact to the general fund.
Name: David Kerrick