Bill > H0658

This bill amends existing Idaho law concerning cemetery maintenance districts, specifically addressing how vacancies on their boards of commissioners are filled. Previously, if a vacancy occurred, the cemetery maintenance board itself would fill it. Now, if the board lacks enough commissioners to form a quorum (a minimum number needed to conduct official business) due to death, resignation, or other reasons besides a term ending, the board of county commissioners overseeing the majority of the district's area will step in. They will appoint the minimum number of commissioners needed to achieve an odd-numbered quorum, and these appointees will serve for the remainder of the original term. Appointees must be qualified electors within their specific subdistrict, have lived in the district for at least a year, and be current on property taxes; if no qualified applicants exist in the subdistrict, the appointment can be made from anywhere within the district. The county commissioners will advertise vacancies through all their public communication channels and notify other local governments with jurisdiction over parts of the district to solicit applicants. Funds from the cemetery maintenance district can be used for this solicitation process, with reimbursement to the county commissioners if a quorum is later established. The county commissioners will begin this process within one month of a quorum being lost or by July 1, 2026, whichever is later, and will make appointments within three months of starting the solicitation. During a period without a quorum, the board of county commissioners will temporarily assume the duties of the cemetery maintenance board, using district funds for essential operations like paying employees and performing urgent maintenance, until a quorum is re-established or the district is dissolved. The bill also clarifies that consolidated cemetery maintenance districts can operate with five commissioner subdistricts. This legislation is declared an emergency and will take effect on July 1, 2026.

Budget and Finance, Government Affairs

Local Government Committee (House)

https://legislature.idaho.gov/sessioninfo/2026/legislation/H0658/