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H0659aaS......................................by TRANSPORTATION AND DEFENSE
COUNTYWIDE HIGHWAY DISTRICTS - Amends existing law to provide application
to counties with a population of 200,000 or fewer; to provide election
procedures for highway districts in counties with a population in excess of
200,000; and to provide for election of highway district commissioners in
counties with a population of 200,000 persons or more.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 60-2-8
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(22),
Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Mader,
Marley, McKague, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Watson, Wheeler, Zimmermann,
Mr Speaker
NAYS -- Crow, Meyer
Absent and excused -- Gagner, Jones(9), Lake, Linford, Loertscher,
Stubbs, Tippets, Wood
Floor Sponsor - Bivens
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Transp
03/13 Rpt out - to 14th Ord
Sen amended - to 1st rdg as amen
03/16 1st rdg - to 2nd rdg as amen
03/16 Rls susp - PASSED - 26-7-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Deide, Frasure, Geddes, Hansen, Hawkins,
Ingram, Ipsen, Keough, King, Noh, Parry, Richardson, Riggs, Risch,
Sandy, Sorensen, Thorne, Twiggs
NAYS--Dunklin, Lee, McLaughlin, Schroeder, Stennett, Wheeler,
Whitworth
Absent and excused--Crow, Sweeney
Floor Sponsor - Bunderson
Title apvd - to House
03/17 House concurred in Senate amens - to engros
03/18 Rpt engros - 1st rdg - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 42-28-0
AYES -- Barraclough, Barrett, Bivens, Black(15), Bruneel, Callister,
Chase, Clark, Crow, Cuddy, Deal, Denney, Field(20), Gagner, Geddes,
Gould, Hadley, Hansen, Hornbeck, Jones(9), Jones(22), Jones(20),
Kempton, Kjellander, Kunz, Linford, Loertscher, McKague, Meyer,
Miller, Newcomb, Pischner, Richman, Ridinger, Sali, Stevenson, Stone,
Stubbs, Taylor, Tilman, Wood, Zimmermann
NAYS -- Alltus, Bell, Bieter, Black(23), Boe, Campbell, Crane,
Ellsworth, Field(13), Henbest, Jaquet, Judd, Kellogg, Kendell, Lake,
Mader, Marley, Mortensen, Pomeroy, Reynolds, Robison, Schaefer,
Stoicheff, Tippets, Trail, Watson, Wheeler, Mr Speaker
Absent and excused -- None
Floor Sponsor - Bivens
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Sp signed
Pres signed - to Governor
03/24 Governor signed
Session Law Chapter 300
Effective: 03/24/98
H0659|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 659, As Amended in the Senate BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO SINGLE COUNTYWIDE HIGHWAY DISTRICTS; AMENDING SECTION 40-1404, 3 IDAHO CODE, TO PROVIDE APPLICATION TO COUNTYWIDE HIGHWAY DISTRICTS IN 4 COUNTIES WITH A POPULATION OF TWO HUNDRED THOUSAND PERSONS OR LESS AND TO 5 MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 14, TITLE 40, IDAHO CODE, BY 6 THE ADDITION OF A NEW SECTION 40-1404A, IDAHO CODE, TO PROVIDE ELECTION 7 PROCEDURES FOR HIGHWAY DISTRICTS IN COUNTIES WITH A POPULATION IN EXCESS 8 OF TWO HUNDRED THOUSAND PERSONS; AMENDING SECTION 34-625, IDAHO CODE, TO 9 PROVIDE AN AGE REQUIREMENT OF TWENTY-ONE YEARS TO BE ELECTED TO THE OFFICE 10 OF HIGHWAY DISTRICT COMMISSIONERS AND TO MAKE TECHNICAL CORRECTIONS; 11 AMENDING CHAPTER 6, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 12 34-625A, IDAHO CODE, TO PROVIDE FOR ELECTION OF HIGHWAY DISTRICT COMMIS- 13 SIONERS IN CERTAIN SINGLE COUNTYWIDE HIGHWAY DISTRICTS; AND DECLARING AN 14 EMERGENCY. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 40-1404, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 40-1404. APPOINTMENT OF FIRST HIGHWAY DISTRICT COMMISSIONERS IN 19 CERTAIN COUNTYWIDE HIGHWAY DISTRICTS -- SUBDISTRICTS -- ELECTIONS, 20 TERMS AND SALARIES OF COMMISSIONERS. For counties with a population of 21 two hundred thousand (200,000) persons or less, iIf there 22 is a majority affirmative vote at the election the county commissioners, at 23 their next meeting shall organize thecounty-wide24 countywide highway district. The county shall be subdivided by the 25 county commissioners into three (3) subdistricts, designated subdistricts num- 26 ber one, two and three, as nearly equal in population as practicable, and one 27 (1) highway commissioner shall represent each subdistrict and be a resident of 28 the subdistrict. The governor shall appoint the firstcounty-wide29 countywide highway district commissioners. Where one (1) or more 30 highway districts have been in existence at the time of the creation of the 31county-widecountywide highway district, the gover- 32 nor shall appoint, whenever practicable, at least one (1) of the former high- 33 way district commissioners as they shall qualify by reason of residence in the 34 territorial limits of the subdistricts of thecounty-wide35 countywide highway district as a commissioner of thecounty-wide36countywide highway district. County commissioners and city 37 council members shall not be eligible to hold office as acounty-wide38countywide highway district commissioner. The originally 39 appointed commissioners shall serve until the next general election when two 40 (2) members shall be elected for two (2) years and one (1) member shall be 41 elected for a term of four (4) years, the commissioner from subdistrict number 42 one being elected for a term of four (4) years. The four (4) year term shall 43 be allotted thereafter in rotation to subdistricts number two, three and one. 2 1 A qualified voter of thecounty-widecountywide 2 highway district shall be eligible to vote for each of thecounty-wide3countywide highway district commissioners, and the elec- 4 tion shall be conducted as provided by Idaho statutes relating to holding 5 elections at the county level. 6 The highway commissioners shall take office on January 1 of the year imme- 7 diately following their election, and each may receive a salary not to exceed 8 six hundred dollars ($600) per calendar month with the exception of the presi- 9 dent of the highway commissioners who may receive a salary not to exceed seven 10 hundred dollars ($700) per calendar month. 11 SECTION 2. That Chapter 14, Title 40, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION , to be 13 known and designated as Section 40-1404A, Idaho Code, and to read as follows: 14 40-1404A. ELECTIONS, TERMS AND SALARIES OF COMMISSIONERS IN CERTAIN 15 COUNTYWIDE HIGHWAY DISTRICTS. In countywide highway districts located in a 16 county with a population of more than two hundred thousand (200,000) persons 17 in which the voters have chosen to establish a countywide highway district at 18 a previous election, the county shall be divided by the county commissioners 19 immediately upon the effective date of this act into five (5) subdistricts 20 which shall be as nearly equal in population as practicable. No precincts 21 shall be divided. A highway district commissioner shall be a resident of the 22 subdistrict which he represents. Voters in each subdistrict shall vote only 23 for one (1) candidate seeking to represent that subdistrict. County commis- 24 sioners, mayors and city council members shall not be eligible to hold office 25 as a countywide highway district commissioner. At the election held in 1998, 26 commissioners representing subdistricts two and five shall be elected for two 27 (2) year terms and commissioners representing subdistricts three and four 28 shall be elected for four (4) year terms. Thereafter, all commissioners shall 29 be elected for four (4) year terms. Any incumbent in office on the effective 30 date of this act may complete the term to which they were elected and shall 31 represent the subdistrict in which they reside. Any incumbent in office on the 32 effective date of this act whose term expires on January 1, 2000, shall retain 33 that office until January 1, 2000, shall be assigned the subdistrict in which 34 they reside by the county commissioners, which subdistrict shall be numbered 35 one as provided in this section and that commissioner need not stand for elec- 36 tion in 1998. 37 A qualified voter of the countywide highway district shall be eligible to 38 vote for a countywide highway district commissioner residing in the elector's 39 subdistrict, and the election shall be conducted as provided by Idaho statutes 40 relating to holding general elections at the county level. 41 The highway commissioners shall take office on January 1 of the year 42 immediately following their election, and each may receive a salary not to 43 exceed six hundred dollars ($600) per calendar month with the exception of the 44 president of the highway commissioners who may receive a salary not to exceed 45 seven hundred dollars ($700) per calendar month. 46 SECTION 3. That Section 34-625, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 34-625. ELECTION OF HIGHWAY DISTRICT COMMISSIONERS IN SINGLECOUN-49TY-WIDECOUNTYWIDE DISTRICTS -- QUALIFICATIONS. (1) In 50 each general election, highway district commissioners in singlecounty-51widecountywide districts shall be elected as provided for 3 1 in section 40-1404, Idaho Code. 2 (2) No person shall be elected to the office of highway district commis- 3 sioner unless he shall have attained the age ofeighteen (18)4 twenty-one (21) years at the time of his election, is a citizen 5 of the United States, and shall be a resident of the highway district 6 commissioner ' s subdistrict for which he seeks office. 7 (3) Each candidate shall file a declaration of candidacy with the county 8 clerk not more than ninety (90) days nor less than sixty (60) days prior to 9 the general election. Each declaration of candidacy shall also bear the fol- 10 lowing words: "I am a resident within the boundaries of Highway District 11 Commissioner ' s Subdistrict Number ....." 12 (4) Each candidate who files a declaration of candidacy shall at the same 13 time pay a filing fee of ten dollars ($10.00) which shall be deposited in the 14 county current expense fund. 15 SECTION 4. That Chapter 6, Title 34, Idaho Code, be, and the same is 16 hereby amended by the addition thereto of a NEW SECTION , to be 17 known and designated as Section 34-625A, Idaho Code, and to read as follows: 18 34-625A. ELECTION OF HIGHWAY DISTRICT COMMISSIONERS IN CERTAIN SINGLE 19 COUNTYWIDE DISTRICTS -- QUALIFICATIONS. (1) In each general election, highway 20 district commissioners in single countywide districts shall be elected as pro- 21 vided for in section 40-1404A, Idaho Code. 22 (2) No person shall be elected to the office of highway district commis- 23 sioner unless he shall have attained the age of twenty-one (21) years at the 24 time of his election, is a citizen of the United States, and shall be a resi- 25 dent of the highway district commissioner's subdistrict for which he seeks 26 office. 27 (3) Each candidate shall file a declaration of candidacy with the county 28 clerk not more than ninety (90) days nor less than sixty (60) days prior to 29 the general election. Each declaration of candidacy shall also bear the fol- 30 lowing words: "I am a resident within the boundaries of Highway District 31 Commissioner's Subdistrict Number ....." 32 (4) Each candidate who files a declaration of candidacy shall at the same 33 time pay a filing fee of ten dollars ($10.00) which shall be deposited in the 34 county current expense fund. 35 SECTION 5. An emergency existing therefor, which emergency is hereby 36 declared to exist, this act shall be in full force and effect on and after its 37 passage and approval.
STATEMENT OF PURPOSE
RS 07924
The purpose of this legislation is to allow the voters in
a single countywide highway district by affirmative vote
to expand the number of Commissioners from 3 to 5
members. It also provides for placing the question on the
ballot and for implementation if approved.
FISCAL NOTE
None on the General
Fund.
There will be an increase to the single countywide highway
district. Commissioners are currently paid $600.00 per
month. With the addition of two members, the highway
district will incur costs per year, of $14,400. There would
also be additional expenses that each commissioner may
incur, as related to travel, meetings, etc.
CONTACT: Rep. Dave Bivens (208/332-1000)
Stewart O. Davis (208/345-5176)
STATEMENT OF PURPOSE/ FISCAL NOTE
H 659