CEMETERY MAINTENANCE DISTRICTS – Amends existing law to revise provisions regarding vacancies on cemetery maintenance boards.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
658
BY
LOCAL
GOVERNMENT
COMMITTEE
AN
ACT
1
RELATING
TO
CEMETERY
MAINTENANCE
DISTRICTS;
AMENDING
SECTION
27
-
110,
IDAHO
2
CODE,
TO
REVISE
PROVISIONS
REGARDING
VACANCIES
ON
CEMETERY
MAINTENANCE
3
BOARDS
OF
COMMISSIONERS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
4
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
27
-
110,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
27
-
110.
TERM
OF
OFFICE
-
-
VACANCIES.
(1)
At
the
meeting
of
the
board
of
9
county
commissioners
at
which
the
cemetery
maintenance
district
is
declared
10
organized,
as
provided
by
section
27
-
108,
Idaho
Code,
said
board
of
county
1
1
commissioners
shall
divide
the
cemetery
maintenance
district
into
three
(3)
12
subdivisions,
as
nearly
equal
in
population,
area
and
mileage
as
practica
-
13
ble,
to
be
known
as
cemetery
maintenance
commissioners
subdistricts
one,
two
14
and
three.
Not
more
than
one
(1)
of
said
commissioners
shall
be
an
elec
-
15
tor
of
the
same
cemetery
maintenance
subdistrict.
The
first
commissioners
16
appointed
by
the
board
of
county
commissioners
shall
serve
until
the
next
17
cemetery
maintenance
district
election,
at
which
their
successors
shall
be
18
elected.
Any
vacancy
occurring
in
the
office
of
the
cemetery
maintenance
19
commissioner,
other
than
by
the
expiration
of
the
term
of
office,
shall
be
20
filled
by
the
cemetery
maintenance
board.
21
(2)
If
it
is
determined
that
the
cemetery
maintenance
board
lacks
22
enough
commissioners
to
achieve
a
quorum
to
fill
a
vacancy
due
to
death,
23
resignation,
or
other
circumstances
other
than
the
expiration
of
a
term,
the
24
board
of
county
commissioners
with
jurisdiction
over
a
majority
of
the
ceme
-
25
tery
maintenance
district
area
shall
fill
by
appointment
the
minimal
number
26
of
vacancies
necessary
to
achieve
an
odd
-
numbered
quorum.
Such
appointments
27
shall
be
for
the
duration
of
the
respective
term.
Appointees
shall
be
se
-
28
lected
from
the
respective
cemetery
maintenance
subdistricts
and
shall:
29
(a)
Be
qualified
electors
of
their
respective
subdistricts;
30
(b)
Have
lived
in
their
cemetery
maintenance
district
for
at
least
one
31
(1)
year;
and
32
(c)
Be
current
on
the
payment
of
their
property
taxes.
33
(3)
If
there
are
no
qualified
applicants
from
the
respective
ceme
-
34
tery
maintenance
subdistrict,
then
appointments
may
be
made
from
qualified
35
applicants
living
anywhere
within
the
cemetery
maintenance
district
bound
-
36
aries.
37
(4)
The
board
of
county
commissioners
shall
solicit
qualified
appli
-
38
cants
for
appointment
to
commissioner
vacancies
for
the
cemetery
mainte
-
39
nance
district
via
all
forms
of
public
communication
utilized
by
such
board
40
of
county
commissioners.
The
board
shall
notify
any
other
county
or
city
41
with
jurisdiction
over
any
area
of
the
cemetery
maintenance
district
of
such
42

2
vacancies
to
allow
such
entities
to
recommend
qualified
applicants
for
ap
-
1
pointment.
2
(5)
Moneys
belonging
to
a
cemetery
maintenance
district,
if
available,
3
may
be
used
for
soliciting
applicants
for
appointment
to
vacancies
as
pro
-
4
vided
under
this
section.
If
a
quorum
is
established,
then
within
thirty
5
(30)
days
of
such
date,
the
cemetery
maintenance
district
shall
reimburse
6
the
board
of
county
commissioners
any
moneys
used
for
such
solicitation.
7
(6)
The
board
of
county
commissioners
shall
implement
a
process
for
so
-
8
liciting
applicants
within
one
(1)
month
after
a
cemetery
maintenance
board
9
cannot
achieve
an
odd
-
numbered
quorum
as
described
in
subsection
(2)
of
this
10
section
or
within
one
(1)
month
after
July
1,
2026,
whichever
occurs
later.
1
1
Such
board
shall
make
appointments
from
the
pool
of
qualified
applicants
12
within
three
(3)
months
from
the
date
the
board
implements
the
process
for
13
soliciting
applicants.
14
(7)
The
board
of
county
commissioners
shall
temporarily
assume
the
du
-
15
ties
and
obligations
of
a
cemetery
maintenance
board
in
the
absence
of
an
16
odd
-
numbered
quorum
of
such
board
until
either
such
a
quorum
is
established
17
or
dissolution
occurs.
The
board
shall
conduct
necessary
business
during
18
this
period,
including
but
not
limited
to
paying
employees,
performing
ur
-
19
gent
maintenance,
and
tending
to
any
other
necessary
matters,
and
shall
use
20
cemetery
maintenance
district
funds
to
conduct
such
business.
21
(2)
(8)
A
cemetery
maintenance
district
created
from
the
consolidation
22
of
two
(2)
or
more
cemetery
maintenance
districts
as
provided
in
section
23
27
-
129,
Idaho
Code,
may
operate
with
five
(5)
cemetery
maintenance
commis
-
24
sioners
subdistricts.
25
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
26
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
27
July
1,
2026.
28