SENATE BILL 1337
RS31168 / S1337
Current Idaho law mandates that an irrigation district take a tax deed to property when assessments are 3 years delinquent. This legislation addresses two issues relating to delinquent irrigation district assessments:
1. This legislation provides a process for handling surplus proceeds. Under current law, property acquired through tax deed may be sold to satisfy the delinquency. There are no provisions for handling the surplus proceeds. A recent United States Supreme Court decision held that taking and selling a property to satisfy a debt to the government, and keeping the surplus as a windfall, violates the Takings Clause unless there is a process, including notice, to claim any surplus/excess funds.
2. The legislation provides options for irrigation districts. Under current law, an irrigation district must take a tax deed to resolve delinquencies. These amendments provide options for irrigation districts in the recovery of delinquent assessments, including (i) taking a tax deed; (ii) continuing to assess the property; or (iii) removing the water from land.
This legislation will have no impact on the state’s General fund or any dedicated fund or federal fund, because it does not affect the operations or activities of any state agency.
| Date | Description |
|---|---|
| 02/12 | Introduced; read first time; referred to JR for Printing |
| 02/13 | Reported Printed; referred to Resources & Environment |
| 02/26 | Reported out of committee; to 14th Order for amendment |
| 02/28 | Placed in the Committee of the Whole |
| 02/28 | Reported out without recommendation, as amended |
| 02/28 | Amendments ordered printed; referred for engrossment |
| 02/28 | Amendments reported printed |
| 02/28 | Reported engrossed, filed for first reading, as amended |
| 02/28 | Read first time as amended, filed for Second Reading |
| 02/29 | Read second time as amended, filed for Third reading |
| 03/05 | Retained on calendar |
| 03/06 | Retained on calendar |
| 03/07 | Read third time in full as amended – PASSED - 31-0-4 AYES – Adams, Anthon, Bernt, Bjerke, Carlson, Cook, Den Hartog, Foreman, Guthrie, Harris, Hart, Hartgen, Herndon, Just, Lakey, Lee, Lenney, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Schroeder, Semmelroth, Taylor, Toews, Trakel, VanOrden, Winder, Wintrow, Zuiderveld NAYS – None Absent and excused – Burtenshaw, Grow, Lent, Ward-Engelking Floor Sponsor - Schroeder Title apvd - to House |
| 03/07 | Received from the Senate, Filed for First Reading |
| 03/07 | Read First Time, Referred to Resources & Conservation |
| 03/12 | Reported out of Committee with Do Pass Recommendation, Filed for Second Reading |
| 03/13 | Read second time; Filed for Third Reading |
| 03/14 | Read Third Time in Full – PASSED - 67-1-2 AYES – Achilles, Alfieri, Allgood, Andrus, Barbieri, Berch, Blanksma, Boyle, Bundy, Burns, Cannon, Cheatum, Chew(Beazer), Clow, Cornilles, Crane(12), Crane(13), Dixon(1), Dixon(24), Durrant, Ehardt, Ehlers, Erickson, Furniss, Gallagher, Garner, Green, Handy, Hawkins, Healey, Hill, Holtzclaw, Horman, Kingsley, Lambert, Lanting, Manwaring, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Necochea, Nelsen, Palmer, Petzke, Pickett, Price, Raybould, Raymond, Redman, Roberts, Rubel, Sauter, Scott, Skaug, Tanner, Vander Woude, Weber, Wheeler, Wisniewski, Wroten, Yamamoto, Young, Mr. Speaker NAYS – Gannon Absent – Galaviz, Shepherd Floor Sponsor - Mickelsen Title apvd - to Senate |
| 03/15 | Returned From House Passed; referred to enrolling |
| 03/18 | Reported enrolled; signed by President; to House for signature of Speaker |
| 03/19 | Received from Senate; Signed by Speaker; Returned to Senate |
| 03/19 | Reported signed by the Speaker & ordered delivered to Governor |
| 03/20 | Reported delivered to Governor at 4:52 p.m. on 03/19/24 |
| 03/25 | Signed by Governor on 03/22/24 Session Law Chapter 157 Effective: 07/01/2024 |