Constitutional Amendment on special sessions
Published in The Power County Press and The Aberdeen Times Sept. 28, Oct. 19, Nov. 2, 2022.
Idaho Constitutional Amendment
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.
Section 8. SESSIONS OF THE LEGISLATURE. (1) The regular sessions of the legislature shall 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.
Public hearing sewer rate schedule
Published in The Power County Press Sept. 28, Oct. 5, 2022.
CITY OF AMERICAN FALLS
PUBLIC HEARING NOTICE
PLEASE TAKE NOTICE THAT the City of American Falls will conduct a public hearing on October 5, 2022, 2022 at 7:00. P.M. at the American Falls City Hall Council Chambers, 550 North. Oregon Trail Rd, to consider Ordinance 656 amending section 8-3-18 the Sewer Rate Schedule for the City of American Falls.
The amended Ordinance is on file with the Clerk of the City of American Falls where it may be inspected during regular business hours. Such file does contain materials relevant to the request, the contents of which may change prior to the date of the hearing.
All persons desiring to be heard on this matter should appear at this hearing. Written testimony may be sent to the City of American Falls, 550 North Oregon Trail Rd, American Falls, ID 83211. Written testimony received after this date will not be entered into the record or read at the public hearing.
If you require special accommodations, please contact City Hall at (208)226-2569 prior to the date of the hearing.
Mayor Rebekah Sorensen
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF AMERICAN FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDED SECTION 8-3-18(6) OF AMERICAN FALLS MUNICIPAL CODE TO CHANGE THE SEWER SCHEDULE OF RATES; SETTING AN EFFECTIVE DATE; ESTABLISHING SEVERABILITY; ALLOWING FOR PUBLICATION BY SUMMARY; ESTABLISHING A REPEALER.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF AMERICAN FALLS AS FOLLOWS:
Section 1. Sub-section (A)(6) of Title 8, Chapter 3, Section 18 of the American Falls Municipal Code is hereby amended to read as follows:
8-3-18: SCHEDULE OF RATES:
(A) Sewer User Classification And Rate Schedule:
1. It is hereby declared to be the policy of the city that all rates for sewage service within the city and without the boundaries of the city shall be reasonable and just and shall take into account and consideration the cost and value of the system and the operation and maintenance expenses of the system, including repairs, debt repayment, replacement costs, depreciation, and other direct and indirect obligations incurred on behalf of said system which are to be charged against all users of the service at such rates and amounts as shall be sufficient to secure the required revenues necessary to meet the aforementioned expenses. No free service shall be provided to the city or any other user on the system; provided, further, that no discrimination shall be made in the rates to be charged other than that required due to the type or volume of waste generated as hereinafter provided.
2. Any equitable user classification and assessment formula must assess each customer class with their pro rata portion of the volume strength loading of that class.
3. Said user assessment must also assess against each customer class, a surcharge equal to any above normal strength wastewater loading.
4. Based on sample flow studies made by the city, the current average flow per residence in the city equals an estimated two hundred (200) gallons of wastewater flow per day per thirty (30) day average month for a total estimated average residential volume loading per month of six thousand (6,000) gallons.
5. Based upon sample analysis of the biochemical oxygen demand (BOD) and total suspended solids (TSS) of said residential loading, the estimated normal strength of said residential loading for which the plant is designed will contain not more than one hundred eighty milligrams per liter (180 mg/l) of biochemical oxygen demand (BOD) and one hundred eighty milligrams per liter (180 mg/l) of total suspended solids.
6. Using said residential loading as a base rate and using existing flow data for flow loading from representatives of each customer class within the city for plant loading from all other sources, the following user classification and user rate schedule is hereby adopted.
The base sewer rate as established by resolution shall be multiplied by the equivalent user as specified below to determine the monthly rate to be charged:
User Classification Equivalent Users (Each)
1.1 Single Family 1.00
1.2 Multiple-family unit 1.00
1.3 Manufactured home spaces 1.00
Public Institutions 2.0
2.1 Schools 6.50
2.2 Churches 1.00
2.3 Hospitals 8.10
2.4 Government Facilities 4.00 2.00
3.1 General business I 1.00
3.2 General business II Mortuary 2.00
3.3 Motels and hotels 0.4 per unit
Sleeping rooms 0.2 per unit
3.4 Restaurants and taverns 2.00
3.5 Laundromats 6.00 2.00
3.6 Service Stations 2.00
3.76 Car wash 6.00 2.00
3.8 Doctor office and medical 1.60
+ each added office 1.00
3.7 Medical office 1-3 exam rooms 2.00
Medical office 4+ exam rooms 4.00
3.9 Beauty shops 2.00
4.1 Minor industry 1
4.2 Major industry 1
Section 2. Any ordinances which are in conflict with this ordinance are hereby repealed, but only insofar as the conflict exists.
Section 3. If any portion of this ordinance should be found to be unconstitutional or unenforceable for any reason, the remainder of the ordinance shall constitute ordinance number XXX.
Section 4. This ordinance may be published by summary in accordance with the statutes of the state of Idaho.
Section 5. This ordinance shall be in full force and effect immediately upon passage and publication as required by law.
County plans auction on tax-deeded land
Published in The Power County Press Sept. 28, Oct. 5, 2022.
NOTICE of PUBLIC AUCTION
On October 11, 2022 at 10:00 a.m., Power County will hold a public auction to sell property that has been TAX DEEDED. The auction will be held in the front lobby of the Power County Courthouse located at 543 Bannock Ave – American Falls, Idaho. The auction will include the following property:
PARCEL #RPA0193-00 located at 358 Johnson Str – American Falls, Idaho – Power County, legally described as: Lots 12 and 13, Block 51, Reclamation Addition to The City of American Falls, according to the plat thereof, filed in the office of the County Recorder of Power County, Idaho. Please note mobile home on property is NOT included in this auction.
Former Owner: Betty Jane Wolverton
Minimum Bid for RPA0193-00 $2,411.78
Power County reserves the right to reject any and all bids and shall have discretionary authority to reject or accept any bid which may be made for an amount less than the total amount of all delinquent taxes, late charges, interest and costs, including other costs associated with the property, advertising, and sale, which may have accrued against the property so offered for sale. Any successful bidder must pay same day as bidding via one of the following; cash (legal currency of the United States), cashier’s check, certified check or money order. Dated this 19th day of September, 2022.
A.F. approves appropriation ordinance
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