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Legals for November, 3 2022

| November 3, 2022 12:00 AM

Idaho Constitutional 

Amendment

SJR 102

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.

Amendment Text

   Section 8. SESSIONS OF THE LEGISLATURE. (1) The regular sessions of the legislature 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.

Legal#10929

AD#560650

September 29, October 20, November 3, 2022


SUMMONS

Case No. CV11-22-0396

IN THE DISTRICT COURT OF THE FIRST JUDICIAL 

DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BOUNDARY

CHERYL GOODWILL, 

an individual, 

Plaintiff,

     vs.

VERN G. CLAPP and SALLY J. CLAPP, husband and wife,

The East Sixty-five (65) feet of Lots Thirteen (13), Fourteen (14), and Fifteen (15), Block Twelve (12), Bonners Ferry Addition according to the plat thereof on file with the Boundary County, Idaho Recorder.

Defendants.

NOTICE: YOU HAVE BEEN SUED BY THE ABOVE-NAMED PLAINTIFFS. THE COURT MAY ENTER JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE UNLESS YOU RESPOND WITHIN TWENTY-ONE (21) DAYS. READ THE INFORMATION BELOW:

TO: VERN G. CLAPP

YOU ARE HEREBY NOTIFIED that in order to defend this lawsuit an appropriate written response must be filed with the above-designated court within twenty-one (21) days after service of this summons on you. If you fail to so respond, the court may enter judgment against you as demanded by the Plaintiff(s) in the complaint.  

A copy of the Complaint is served with this summons. If you wish to seek the advice of or representation by an attorney in this matter you should do so promptly so that your written response, if any, may be filed in time and other legal rights protected.

An appropriate written response requires compliance with Rule 10(a)(1) and other Idaho Rules of Civil Procedure and shall also include:

a) The title and number of this case;

b) If your response is an answer to the Complaint, it must contain admissions or denials of the separate allegations of the complaint and other defenses you may claim;

c) Your signature, mailing address and telephone number or the signature, mailing address and telephone number of your attorney;

d) Proof of mailing or delivery of a copy of your response to Plaintiff’s attorney, as designated above.

To determine whether you must pay a filing fee with your response, contact the clerk of the above-named court at 

6452 Kootenai St, #22

PO Box 419 

Bonners Ferry, Idaho 83805

Phone: 208-267-5504

Date: 26th day of September, 2022

GLENDA POSTON

DISTRICT COURT CLERK

/S/Jamie Wilson

DEPUTY

Legal#10956

AD#566141

October 13, 20, 27, November 3, 2022


SUMMONS

Case No. CV11-22-0396

IN THE DISTRICT COURT OF THE FIRST JUDICIAL 

DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BOUNDARY

CHERYL GOODWILL, 

an individual, 

Plaintiff,

     vs.

VERN G. CLAPP and SALLY J. CLAPP, husband and wife,

The East Sixty-five (65) feet of Lots Thirteen (13), Fourteen (14), and Fifteen (15), Block Twelve (12), Bonners Ferry Addition according to the plat thereof on file with the Boundary County, Idaho Recorder.

Defendants.

NOTICE: YOU HAVE BEEN SUED BY THE ABOVE-NAMED PLAINTIFFS. THE COURT MAY ENTER JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE UNLESS YOU RESPOND WITHIN TWENTY-ONE (21) DAYS. READ THE INFORMATION BELOW:

TO: SALLY J. CLAPP

YOU ARE HEREBY NOTIFIED that in order to defend this lawsuit an appropriate written response must be filed with the above-designated court within twenty-one (21) days after service of this summons on you. If you fail to so respond, the court may enter judgment against you as demanded by the Plaintiff(s) in the complaint.  

A copy of the Complaint is served with this summons. If you wish to seek the advice of or representation by an attorney in this matter you should do so promptly so that your written response, if any, may be filed in time and other legal rights protected.

An appropriate written response requires compliance with Rule 10(a)(1) and other Idaho Rules of Civil Procedure and shall also include:

a) The title and number of this case;

b) If your response is an answer to the Complaint, it must contain admissions or denials of the separate allegations of the complaint and other defenses you may claim;

c) Your signature, mailing address and telephone number or the signature, mailing address and telephone number of your attorney;

d) Proof of mailing or delivery of a copy of your response to Plaintiff’s attorney, as designated above.

To determine whether you must pay a filing fee with your response, contact the clerk of the above-named court at:

6452 Kootenai St, #22

PO Box 419 

Bonners Ferry, Idaho 83805

Phone: 208-267-5504

Date: 26th day of September, 2022

Glenda Poston

DISTRICT COURT CLERK

/s/Jamie Wilson

Deputy

Legal#10955

AD#566134

October 13, 20, 27, November 3, 2022


NOTICE OF

TRUSTEE’S SALE

  • To be sold for cash at a Trustee’s Sale on February 23, 2023, 11:00 AM at the Boundary County Courthouse, 6452 Kootenai Street, Bonners Ferrv, ID 83805, the following described real property situated in Boundary County, State of Idaho (“Real Property”): The land referred to herein below is situated in the County of Boundary, State of Idaho, and is described as follows: A tract of land in the Northeast Quarter of the Southeast Quarter (NE 1/4 SE ¼) of section Sixteen (16), Township Sixty-Two (62) North, Range Two (2) East, of the Boise Meridian, Boundary County, Idaho; more particularly described as follows: Commencing at a point on the West line of the Northeast Quarter of the Southeast Quarter (NE ¼ SE ¼) of said Section Sixteen (16) that is South 00° 14’ 04” East, 408.00 feet from the Northwest Corner of said Northeast Quarter of the Southeast Quarter (NE ¼ SE ¼); Thence parallel to the North Line of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) North 89° 44’ 58” East, 451.00 feet to the Northwest Corner of that parcel described in Instrument No. 194276; Thence South 00°14’04” East, 107.00 feet to the point of beginning; Thence continuing South 00°14’04” East, 107.00 feet to a point; Thence North 89°44’58” East, 96.00 feet to a point, said point being 107.00 feet South of the Southeast Corner of that parcel described in Instrument No. 194276; Thence North 00°14’04” West, 107.00 feet to a point being the Southeast corner of that parcel described in Instrument No. 194276; Thence South 89°44’58” West, 96.00 feet to the point of beginning. Together with a non-exclusive easement sixty (60) feet in width over, under and across the following described parcel: A tract of land in the Northeast Quarter of the Southeast Quarter (NE ¼ SE ¼) of section sixteen (16), township sixty-two (62) North, range two (2) East, of the Boise Meridian, Boundary County, Idaho; more particularly described as follows: Commencing at a point on the West line of the Northeast Quarter of the Southeast Quarter (NE ¼ SE ¼) of said section Sixteen (16) that is South 00°14’04” East, 408.00 Feet from the Northwest corner of said Northeast quarter of the Southeast quarter (NE ¼ SE ¼); thence North 89°44’58” East, 391.00 feet to the point of beginning; thence South 00°14’04” East, 214.00 feet to a point; thence North 89°44’58” East, 60.00 feet to a point, said point being the Southwest Corner of the above described parcel; thence North 00°14’04” West, 214.00 feet to a point on the North Line of the Northeast Quarter of the Southeast Quarter (NE ¼ SE ¼); thence South 89°44’58” West, 60.00 feet to the point of beginning Commonly known as: 172 Cherry Lane, Moyie Springs, ID 83845 Jason A. Wright and Amber Charland Wright, as Trustors conveyed Real Property via a Trust Deed dated December 31, 2020, in favor of Mortgage Electronic Registration Systems, Inc., as Beneficiary, as nominee for United Security Financial Corporation, its successors and assigns as Beneficiary, in which Fidelity National Title Company was named as Trustee. The Trust Deed was recorded in Boundary County, Idaho, on February 2, 2021, as Instrument No. 285360, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Servis One, Inc. DBA BSI Financial Services Assignment Dated: August 17, 2022 Assignment Recorded: August 17, 2022 Assignment Recording Information: Instrument No. 292273 Shelly M. Casares is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Boundary, State of Idaho on September 15, 2022 at Instrument No. 292539, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to Trustor’s failure to make monthly payments beginning October 1, 2021, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan.  By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable.  The total amount due on this obligation is the principal sum of $152,978.46, interest in the sum of $2,995.52, escrow advances of $1,285.58, other amounts due and payable in the amount of $2,556.90, for a total amount owing of $159,816.46, plus accruing interest, late charges, and other fees and costs that may be incurred or advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Trustors.  If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust.  Other expenses to be charged against the proceeds of this sale include the Trustee’s fees and attorney’s fees, costs and expenses of the sale, and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the Beneficiary, may bid at the sale.  The bid price must be paid immediately upon the close of bidding by certified funds (valid money orders, certified checks or cashier’s checks).  The conveyance will be made by Trustee’s Deed, without any representation or warranty, including warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The Trustors, successor in interest to the Trustors, or any other person having an interest in the property, or any person named in IRC § 45-1506, has the right, at any time prior to the Trustee’s Sale, to pay to the Beneficiary, or the successor in interest to the Beneficiary, the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and attorney’s fees) other than such portion of the principal as would not then be due had no default occurred and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee’s and attorney’s fees.  In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee’s Sale may be postponed by public proclamation up to 30 days for any reason. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. The above Trustors are named to comply with IRC § 45-1506(4)(a).  No representation is made that they are, or are not, presently responsible for this obligation. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 12th day of October, 2022. Shelly M. Casares Substitute Trustee 376 East 400 South, Suite 300, Salt Lake City, UT 84111 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. ID10623

BFH LEGAL #10959

AD#566853

OCTOBER 20, 27, NOVEMBER 3, 10, 2022


NOTICE OF HEARING ON NAME CHANGE

Case No. CV11-22-410

IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BOUNDARY

IN RE: Colton Jay Wooliscroft,

A petition to change the name of Colton Woolliscroft, now residing in the City of Bonners Ferry, State of Idaho, has been filed in the District Court in BOUNDARY County, Idaho. The name will change to Colton Hughes. The Reason for the change in name is: Colton was born to me as a single mother. Now I am married to his Father.

A hearing on the petition is scheduled for 9:30 o’clock a.m. on November 29th, 2022 at the Boundary County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change.

Date: 10/01/22

/s/Glenda Poston

CLERK OF THE DISTRICT COURT

/s/Sarah Byars

Deputy Clerk

Legal#10954

AD#565949

October 20, 27, November 3, 10, 2022


PUBLIC NOTICE OF

INTENT TO PROPOSE OR 

PROMULGATE NEW OR CHANGED AGENCY RULES

The following agencies of the state of Idaho have published the complete text and all 

related, pertinent information

concerning their intent to change or make the following rules in the latest publication of the state Administrative 

Bulletin.

The proposed rule public hearing request deadline is November 16, 2022, unless otherwise posted.

The proposed rule written comment submission 

deadline is November 23, 2022, unless otherwise 

posted.

(Temp & Prop) indicates the rulemaking is both 

Temporary and Proposed.

(*PH) indicates that a public hearing has been scheduled.

IDAPA 21 - IDAHO DIVISION OF VETERANS SERVICES

351 Collins Rd, Boise, ID 83702

21-0101-2201, Rules Governing Admission, Residency, and Maintenance Charges in Idaho State Veterans Homes and Division of Veterans Services Administrative Procedure. Rulemaking accurately comports rule with the Unclaimed Property Act in state statute regarding an eligible applicant’s assignment of assets upon death, discharge, or voluntary departure; and clarifies rights of a resident for notices of transfer, discharge, or denial of an application for residency.

NOTICE OF ADOPTION OF TEMPORARY RULE ONLY

IDAPA 08 - STATE BOARD OF EDUCATION

08-0203-2203, Rules Governing Thoroughness

Please refer to the Idaho Administrative Bulletin November 2, 2022, Volume 22-11, for the notices and text of all rulemakings, proclamations, negotiated rulemaking and public hearing information and schedules, executive orders of the Governor, and agency contact information.

Issues of the Idaho Administrative Bulletin can be viewed at www.adminrules.idaho.gov/

Office of the Administrative Rules Coordinator, Division of Financial Management, PO Box 83720, Boise, ID 83720-0032

Phone: 208-334-3900; Email: adminrules@dfm.idaho.gov

Legal#4300

AD#568823

November 1, 2022


Notice of Public Hearings

Notice is hereby given that public hearings pursuant to Idaho Code and Boundary County code have been set for the Boundary County Board of County Commissioners on NOVEMBER 22, 2022, at the following times at the Boundary County Annex (former Armory Building) at 6566 Main St., Bonners Ferry, ID to consider the following: 

1:30 P.M. FILE 22-0172, LONG PLAT SUBDIVISION, GRANT & NADINE DIRKS AND LAYNE & KARLEE PEASTER are requesting preliminary plat approval for Southbound Subdivision, a long plat subdivision of a 19.83-acre parcel to create four, 4.95-acre lots in the Commercial/Light-Industrial zone. The parcel is located off Tonka Drive, south of U.S. Highway 2, and is identified as Assessor’s Parcel RP62N01E133600A in Section 13, Township 62 North, Range 1 East, B.M. The Boundary County Planning and Zoning Commission at its October 27, 2022, public hearing recommended to the Board of Commissioners approval of this file, as amended.

2:00 P.M. FILE 22-0199, TEXT AMENDMENT, BOUNDARY COUNTY has initiated a text amendment to the Boundary County Zoning & Subdivision Ordinance to 1) Establish within the Non-Conformance Section 17 of the county land use code effective dates for the official zoning map and the subdivision standards; 2) Amend the definition of non-conforming parcel or lot to clarify the status of these properties; 3) Confirm in Section 17 that legal, non-conforming parcels or lots are eligible for development permits; 4) Confirm that a lot or parcel shall be considered compliant if the county has granted a development permit and development has occurred in reliance upon that permit. The Boundary County Planning and Zoning Commission at its October 27, 2022, public hearing recommended to the Board of Commissioners approval of this file, as amended.

2:30 P.M. FILE 22-0216, TEXT AMENDMENT, BOUNDARY COUNTY has initiated an amendment to the Boundary County Zoning & Subdivision Ordinance, Section 11, Subdivisions, to provide definitions for community water, private well, sewer, and will-serve, and to clarify standards and provisions for commercial/industrial, rural, and urban subdivisions. This amendment was previously considered by the county governing bodies in 2020, but an ordinance approving the changes has not been adopted. Due to the length of time since the last consideration of this proposal, the county is allowing additional time for public notice and comment on the proposed amendment. The Boundary County Planning and Zoning Commission at its October 27, 2022, public hearing recommended to the Board of Commissioners approval of this file, as amended.

Written comment for these files may be submitted to the Planning Office at PO Box 419, Bonners Ferry, ID 83805 no later than 5:00P.M. November 16, 2022.  Anyone wishing to speak during the public portion of the hearing may do so in compliance with the public hearing procedures.

The complete files are available for view on the Boundary County Planning and Zoning website at www.boundarycountyid.org or by appointment at the Planning Office by contacting the planners (208) 265-4629 and selecting the planning extension. Anyone requiring special accommodations due to disability should contact the Commissioners’ office at least two days prior to the meeting at (208) 267-7723.

Legal#10967

AD#568864

November 3, 2022


PUBLIC NOTICE

Notice is hereby given that the following locations are designated as polling sites for the Election to held November 8, 2022 in Bonners Ferry, Idaho, County of Boundary:

Precinct BF/Kootenai Copeland Moyie Springs Naples

North Bonners Ferry Valley View

Ferry)

Location

Exhibit Hall at Fairgrounds (6571 Recreation Park Rd. Bonners Ferry)

Mount Hall School (1275 Highway 1 Bonners Ferry) Moyie City Hall (3331 Roosevelt Rd.)

South Boundary Fire Station #1(20 Stagecoach Rd)

Exhibit Hall at Fairgrounds (6571 Recreation Park Rd. Bonners Ferry) Exhibit Hall at Fairgrounds (6571 Recreation Park Rd. Bonne

The polls will be open from 8:00 a.m. until 8:00 p.m. Any person requiring a special accommodation due to a disability should contact the Clerk’s Office at 267-2242 at least five days prior to the election For further information or any questions regarding this notice, please call the Boundary County Clerk Office at 267-2242.

Glenda Poston

Clerk of the District Court

Legal#10963 AD#567971 November 3, 2022

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