2005 Idaho Code - 31-4701 — CREATION OF COUNTY MUSEUM BOARD

                                  TITLE  31
                           COUNTIES AND COUNTY LAW
                                  CHAPTER 47
                                MUSEUM BOARDS
    31-4701.  CREATION OF COUNTY MUSEUM BOARD. A county museum board may be
created as follows:
    (1)  In addition to the procedures provided in subsections (2), (3) and
(4) of this section, the county commissioners may adopt a resolution and
incorporate in its minutes to signify that it is the intention of the board of
county commissioners to create a county museum board in accordance with the
provisions of this chapter. The board of county commissioners shall fix a
date, not less than three (3) nor more than six (6) weeks from the date of the
adoption of the resolution for a public hearing, and shall order the clerk of
the board to publish notice of the hearing in one or more newspapers of
general circulation in the county, which notice shall include the time and
place of the hearing at which the board of county commissioners will hear any
person or persons interested upon the matter of whether a county museum board
shall be created pursuant to this chapter. If after the hearing provided for
in this section, the board of county commissioners shall then deem it for the
best interests of the county that a county museum board be created, the county
commissioners shall enter an order to that effect and calling an election upon
the formation of the proposed county museum board as provided in this section.
    (2)  Any person or persons may file a petition for the formation of a
county museum board with the clerk. The petition which may be in one or more
papers shall be signed by not less than ten percent (10%) of the registered
voters residing within the county.
    (3)  The clerk shall, within ten (10) days after the filing of the
petition, estimate the cost of advertising and holding the election provided
in this section and notify in writing the person or any one of the persons
filing the petition as to the amount of the estimate. The person or persons
shall within twenty (20) days after receipt of the written notice deposit the
estimated amount with the clerk in cash, or the petition shall be deemed
withdrawn. If the deposit is made and the county museum board is formed, the
person or persons so depositing the sum shall be reimbursed from the first
moneys collected by the county museum board from the taxes authorized to be
levied by this act.
    (4)  Within thirty (30) days after the filing of the petition together
with the map and the making of the cash deposit, the county commissioners
shall determine whether or not they substantially comply with the requirements
of this section. If the county commissioners find that there has not been
substantial compliance with the requirements, the county commissioners shall
enter an order to the effect specifying the particular deficiencies,
dismissing the petition and refunding the cash deposit. If the county
commissioners find that there has been substantial compliance with the
requirements, the county commissioners shall forthwith enter an order to that
effect and calling an election upon the formation of the proposed county
museum board as provided in this section.
    (5)  If the county commissioners order an election as provided in this
section, the election shall be conducted on the first Tuesday succeeding the
first Monday of November in any year, and in accordance with the general
election laws of the state, except as hereinafter provided. The county
commissioners shall establish election precincts, design and print voter's
oaths, ballots and other necessary supplies, appoint election personnel and by
rule and regulation provide for the conduct and tally of the election. Each
registered voter of the county shall be entitled to vote in the election. The
clerk shall give notice of the election which notice shall clearly state the
question of whether a county museum board shall be formed and shall state the
date of the election. The notice shall be published once each week for three
(3) successive publications prior to the election in a newspaper published
within the county.
    (6)  Immediately after the election, the judges at the election shall
forward the ballots and results of the election to the clerk. The county
commissioners shall canvass the vote within ten (10) days after the election.
If forty-five percent (45%) or more of the votes cast at the election are
against the formation of the county museum board, the county commissioners
shall enter an order so finding and declaring that the county museum board
shall not be formed. If more than fifty-five percent (55%) of the votes cast
at the election are in favor of forming the county museum board, the county
commissioners shall enter an order so finding, declaring the county museum
board duly organized. The county commissioners shall cause one (1) certified
copy of the order to be filed in the office of the county recorder of the
county and shall cause one (1) certified copy of the order to be transmitted
to the governor. Immediately upon the entry of the order, the organization of
the county museum board shall be complete.
    (7)  After the election, the validity of the proceedings hereunder shall
not be affected by any defect in the petition, if any, or in the number or
qualification of the signers thereof, and in no event shall any action be
commenced or maintained or defense made affecting the validity of the
organization of the county museum board after six (6) months have expired from
the date of entering the order declaring the formation of the county museum
board.