2000 Legislation
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SENATE BILL NO. 1460 – Hwy dist consolidation, procedures

SENATE BILL NO. 1460

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S1460.....................................................by TRANSPORTATION
HIGHWAY DISTRICTS - CONSOLIDATION - Amends and adds to existing law to
revise the procedures and election dates for consolidation of highway
districts.
                                                                        
02/18    Senate intro - 1st rdg - to printing
02/21    Rpt prt - to Transp
03/03    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 33-0-2
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Thorne, Walton/Branch, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--McLaughlin, Stennett
    Floor Sponsor - Ingram
    Title apvd - to House
03/10    House intro - 1st rdg - to Transp
03/17    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/29    3rd rdg - PASSED - 65-1-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
      Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail, Wheeler, Wood, Zimmermann
      NAYS -- McKague
      Absent and excused -- Crow, Cuddy, Moyle, Mr Speaker
    Floor Sponsor - Bruneel
    Title apvd - to Senate
03/30    To enrol - rpt enrol - Pres signed
03/31    Sp signed
04/03    To Governor
04/05    Governor signed
         Session Law Chapter 202
         Effective: 07/01/00

Bill Text


 S1460
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1460
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CONSOLIDATION OF HIGHWAY DISTRICTS; AMENDING THE HEADING FOR CHAP-
  3        TER 15, TITLE 40, IDAHO CODE; AMENDING SECTION  40-1501,  IDAHO  CODE,  TO
  4        DELETE PROVISIONS ALLOWING A PORTION OF ONE HIGHWAY DISTRICT FROM CONSOLI-
  5        DATING  WITH  AN ADJOINING DISTRICT; AMENDING SECTION 40-1502, IDAHO CODE,
  6        TO REVISE PETITION REQUIREMENTS; AMENDING SECTION 40-1503, IDAHO CODE,  TO
  7        REVISE  TIMING  AND  PROCEDURAL REQUIREMENTS REGARDING ORDER FOR A HEARING
  8        AND NOTICE; AMENDING SECTION 40-1505, IDAHO  CODE,  TO  PROVIDE  THAT  THE
  9        COUNTY  COMMISSIONERS  SHALL  CONSIDER THE PETITION AND HEAR ALL QUALIFIED
 10        PERSONS IN RELATION TO THE PETITION AND TO PROVIDE FOR AN ELECTION ON  ONE
 11        OF  THE  DATES  SPECIFIED  IN SECTION 34-106, IDAHO CODE; AMENDING SECTION
 12        40-1506, IDAHO CODE, TO PROVIDE FOR COUNTY COMMISSIONERS OF EACH CONCERNED
 13        COUNTY TO MEET, TO DELETE ELECTION DISTRICTS, TO  PROVIDE  POLLING  PLACES
 14        AND  TO  PROVIDE QUALIFICATIONS OF VOTERS; AMENDING SECTION 40-1507, IDAHO
 15        CODE, TO REVISE CONTENTS OF  THE  NOTICE  OF  ELECTION;  AMENDING  SECTION
 16        40-1508,  IDAHO CODE, TO REVISE HOURS WHEN POLLING PLACES WILL BE OPEN AND
 17        TO PROVIDE THAT THE ELECTION SHALL BE SEPARATE AND DISTINCT IN EACH OF THE
 18        HIGHWAY DISTRICTS; AMENDING SECTION 40-1509, IDAHO  CODE,  TO  REVISE  THE
 19        PROCEDURES  FOR  THE CONDUCT OF ELECTIONS; AMENDING SECTION 40-1510, IDAHO
 20        CODE, TO CLARIFY TERMS AND TO PROVIDE A FOUR-YEAR  WAITING  PERIOD  BEFORE
 21        ANOTHER  CONSOLIDATION  ELECTION CAN BE HELD IF AN ELECTION TO CONSOLIDATE
 22        FAILS; AMENDING SECTION 40-1511, IDAHO CODE, TO REVISE VOTE  COUNTING  AND
 23        CANVASSING PROCEDURES AND TO PROVIDE FOR THE CONTINUANCE OF  OPERATIONS OF
 24        CONSOLIDATED  HIGHWAY DISTRICTS UNTIL THE NEWLY APPOINTED COMMISSIONERS OF
 25        THE CONSOLIDATED HIGHWAY DISTRICT  MEET  AND  ORGANIZE;  AMENDING  SECTION
 26        40-1512,  IDAHO  CODE,  TO PROVIDE FOR A NEWLY CONSOLIDATED DISTRICT TO BE
 27        DIVIDED INTO THREE SUBDISTRICTS AND TO CLARIFY THAT THE NEW  COMMISSIONERS
 28        OF  A  CONSOLIDATED  DISTRICT SHALL BE APPOINTED BY THE GOVERNOR; AMENDING
 29        SECTION 40-1513, IDAHO CODE, TO PROVIDE CLARIFYING LANGUAGE; AMENDING SEC-
 30        TION 40-1514, IDAHO CODE, TO REVISE PROCEDURES  FOR  ORGANIZATION  OF  THE
 31        HIGHWAY  DISTRICT  COMMISSIONERS; AMENDING SECTION 40-1515, IDAHO CODE, TO
 32        REVISE SUCCESSION REQUIREMENTS AND TO DELETE  THE  REQUIREMENT  THAT   ALL
 33        PERSONAL  PROPERTY  BELONGING  TO  FORMER HIGHWAY DISTRICTS SHALL BE SOLD;
 34        AMENDING SECTION 40-1516, IDAHO CODE, TO REVISE REQUIREMENTS OF THE  HIGH-
 35        WAY  DISTRICT TREASURER AND TO DELETE REFERENCE TO MONEYS FROM THE SALE OF
 36        PROPERTY BELONGING TO FORMER DISTRICTS; AMENDING  SECTION  40-1517,  IDAHO
 37        CODE,  TO  PROVIDE  CLARIFYING  LANGUAGE;  AMENDING SECTION 40-1518, IDAHO
 38        CODE, TO PROVIDE CLARIFYING LANGUAGE; AND AMENDING CHAPTER 15,  TITLE  40,
 39        IDAHO  CODE, BY THE ADDITION OF A NEW SECTION 40-1519, IDAHO CODE, TO PRO-
 40        VIDE FOR PAYMENT OF EXPENSES OF CONSOLIDATION ELECTIONS, TO PROVIDE A FOR-
 41        MULA FOR PRORATING COSTS, TO PROVIDE FOR  REPAYMENT  TO  THE  COUNTY  FROM
 42        HIGHWAY DISTRICT FUNDS AND TO PROVIDE FOR APPEALS.
                                                                        
 43    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 44        SECTION 1.  That the Heading for Chapter 15, Title 40, Idaho Code, be, and
                                                                        
                                           2
                                                                        
  1    the same is hereby amended to read as follows:
                                                                        
  2                                      CHAPTER 15
  3                          CONSOLIDATION OF HIGHWAY DISTRICTS
                                                                        
  4        SECTION  2.  That  Section 40-1501, Idaho Code, be, and the same is hereby
  5    amended to read as follows:
                                                                        
  6        40-1501.  HIGHWAY DISTRICTS -- CONSOLIDATION -- EFFECT  OF  CONSOLIDATION.
  7    Any  highway district within the state, whether the same are situated entirely
  8    within the boundaries of any one (1) county or within two (2) or more  adjoin-
  9    ing counties, may be consolidated with any adjoining highway district, whether
 10    situated  entirely  within  the  boundaries of any county or within two (2) or
 11    more adjoining counties, and a portion of one (1) highway district may consol-
 12    idate with an adjoining district.
                                                                        
 13        SECTION 3.  That Section 40-1502, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        40-1502.  PETITIONS FOR CONSOLIDATION. (1) Whenever electors of two (2) or
 16    more  existing adjoining highway districts or parts of them desire to consoli-
 17    date those districts, or parts of them, a petition  from each of the districts
 18    or parts of them for consolidation, signed by not less than five percent  (5%)
 19    or  twenty-five  (25)  electors,  whichever is greater, qualified to vote at a
 20    highway district election in each of the  highway  districts,  or  its  parts,
 21    shall  be  presented  to  the commissioners of the county in which the highway
 22    districts or its parts are situated. The petitions shall state the  name  and,
 23    in a general way, describe the highway districts or parts which it is proposed
 24    to consolidate.
 25        (2)  A  majority  of  the elected commissioners of each of two (2) or more
 26    existing adjoining highway districts may also, on their own initiative,  peti-
 27    tion the county commissioners, in lieu of a petition as provided in subsection
 28    (1) of this section.
                                                                        
 29        SECTION  4.  That  Section 40-1503, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        40-1503.  ORDER FOR HEARING -- NOTICE. The commissioners of  the  counties
 32    concerned,  shall  at  the earliest possible date, meet at a time and place as
 33    shall be agreed upon by them, and at the meeting shall, by order,  entered  in
 34    the minutes of the commissioners of each of the counties concerned, fix a time
 35    and  place for a hearing upon the petitions, which time shall not be less than
 36    fifteen (15) sixty (60) days from and after the date of the first  publication
 37    of notice of the petition and hearing on them. The hearing meeting shall be at
 38    the  county seat of one of the counties concerned.  At the meeting the commis-
 39    sioners shall prepare a notice of hearing to be signed by them and attested by
 40    the county clerks, setting forth the filing of petitions; the name and general
 41    description of the highway districts proposed to be  consolidated;  the  total
 42    bonded  and  current  warrant  and  other  indebtedness;  the market value for
 43    assessment purposes and the last preceding ad valorem tax levy of each of  the
 44    highway  districts;  a  statement that at the hearing any elector qualified to
 45    vote at elections of highway district commissioners of the  highway  districts
 46    proposed  for  consolidation may, prior to or at the time of the hearing, file
 47    with the clerk of the commissioners of the county in which he resides, written
 48    objections to the proposed consolidation; and that at the hearing  any  quali-
                                                                        
                                           3
                                                                        
  1    fied  elector  of  the highway districts proposed for consolidation may appear
  2    and make oral objections to the consolidation.
                                                                        
  3        SECTION 5.  That Section 40-1505, Idaho Code, be, and the same  is  hereby
  4    amended to read as follows:
                                                                        
  5        40-1505.  HEARING  --  ORDER FOR ELECTION -- CONSOLIDATION, WHEN DEFEATED.
  6    At the time and place specified in the notice, the county commissioners  shall
  7    proceed  to  consider  the  petition  and all written and oral objections, and
  8    shall hear all qualified persons in relation to it.  Upon  conclusion  of  the
  9    hearing,  which may be continued from day to day, if a majority of the members
 10    of each of the commissioners of the counties involved are of the opinion  that
 11    a  consolidation is practical and to the best interests of each and all of the
 12    highway districts concerned, they shall make an order directing that the ques-
 13    tion of consolidation of  the highway districts proposed for consolidation  be
 14    submitted to the electors  at an election to be held separately within each of
 15    the  highway  districts at a date in conformance with section 34-106(1), Idaho
 16    Code, but not less than thirty (30) nor more than sixty (60) ninety (90)  days
 17    from and after the date of the order. The date of the election shall be speci-
 18    fied  in  the  order. The order shall set forth: the name, number, and general
 19    description of the respective highway districts proposed to  be  consolidated;
 20    the  market value for assessment purposes of all the property situated in each
 21    of the concerned highway districts, as shown by  the  last  county  assessment
 22    rolls;  the total bonded and current warrant and other indebtedness of each of
 23    the highway districts; the preceding ad valorem highway tax levy  of  each  of
 24    the  highway  districts;  and  the  total bonded and current warrant and other
 25    indebtedness of the proposed consolidated highway  district.  A  copy  of  the
 26    order shall be entered in the minutes of the commissioners of each county con-
 27    cerned. The proposed consolidation shall be defeated if a majority of the com-
 28    missioners  of  either  of the counties concerned vote against it, and in that
 29    event a record of that action shall be entered in the minutes of each  of  the
 30    counties concerned.
                                                                        
 31        SECTION  6.  That  Section 40-1506, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        40-1506.  POLLING PLACES AND ELECTION DISTRICTS -- ELECTION OFFICERS.  The
 34    commissioners  of  each  county concerned shall immediately meet within thirty
 35    (30) days, in either special or regular session and, by order, enter in  their
 36    minutes and designate the polling places and the election districts in each of
 37    the  concerned  district  or  highway  districts  situated  in the county, and
 38    appoint two (2) or more judges and one (1) or more clerks  for  each  election
 39    district  polling  place,  who  shall  possess the qualifications necessary to
 40    entitle them to vote at an election of highway district commissioners  in  the
 41    highway district proposed for consolidation.
                                                                        
 42        SECTION  7.  That  Section 40-1507, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        40-1507.  NOTICE OF ELECTION -- PUBLICATION AND CONTENTS. The  commission-
 45    ers  of  each county shall require its clerk to give notice of the election by
 46    causing notices to be posted in at least three (3) public places  within  each
 47    of  the highway districts situated within the county and concerned in the pro-
 48    posed consolidation for at least twenty-one (21) days prior  to  the  date  of
 49    election,  and in addition to the posting, shall cause a copy of the notice to
                                                                        
                                           4
                                                                        
  1    be published in accordance with the provisions of section 40-206, Idaho  Code.
  2    The  notice shall state the purpose and date of the election, the hours during
  3    which the polls shall be open and list the polling places, election  districts
  4    and  the  qualifications required of voters, in addition to the following: the
  5    name, number, and general description of the respective highway districts pro-
  6    posed to be consolidated; the market value for assessment purposes of all  the
  7    property  situated in each of the concerned highway districts, as shown by the
  8    last county assessment rolls; the total bonded and current warrant  and  other
  9    indebtedness  of each of the highway districts; the preceding ad valorem high-
 10    way tax levy of each of the highway districts; and the total bonded  and  cur-
 11    rent  warrant and other indebtedness of the proposed consolidated highway dis-
 12    trict.
                                                                        
 13        SECTION 8.  That Section 40-1508, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        40-1508.  SEPARATE  ELECTIONS  --  TIME OF HOLDING. An election held under
 16    the provisions of this chapter shall be separate and distinct in each  of  the
 17    highway  districts  and  counties  affected  by the proposed consolidation and
 18    shall be held on the same day and between the hours of 18:00 pa.m.  and  78:00
 19    p.m.
                                                                        
 20        SECTION  9.  That  Section 40-1509, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        40-1509.  CONDUCT OF ELECTIONS. (1) The polls shall be  presided  over  by
 23    the  appointed  judges  and clerks who must take an oath as judge and clerk of
 24    the highway district election and which oath shall  obligate  the  judges  and
 25    clerks to faithfully perform the duties of a board of election.
 26        (2)  All  elections shall be by secret and separate ballot, each ballot in
 27    type, print or legible writing, stating in the affirmative  and  negative  the
 28    proposition  to  be  voted  upon,  and all ballots shall be in a form that the
 29    voters may express a choice by the marking of a cross (X).
 30        (3)  In all elections it is intended that no informalities  in  conducting
 31    the election shall invalidate the election, if the election has been otherwise
 32    fairly  conducted.  The  clerks  of the county commissioners shall prepare the
 33    necessary ballots for use in each of the highway districts.
                                                                        
 34        SECTION 10.  That Section 40-1510, Idaho Code, be, and the same is  hereby
 35    amended to read as follows:
                                                                        
 36        40-1510.  DEFEAT OF PROPOSAL -- SUBSEQUENT ELECTIONS. The failure to carry
 37    the proposal to consolidate a highway districts by at least a majority vote in
 38    any  one  (1)  of the highway districts concerned shall defeat the entire pro-
 39    posal. Subsequent elections to consolidate highway districts having failed  to
 40    be  consolidated  as provided in this chapter shall not be considered for con-
 41    solidation under the provisions of this chapter for a period of four (4) years
 42    after the consolidation election.
                                                                        
 43        SECTION 11.  That Section 40-1511, Idaho Code, be, and the same is  hereby
 44    amended to read as follows:
                                                                        
 45        40-1511.  COUNT  OF  VOTES  --  RETURN OF ELECTION -- CANVASS -- ORDER FOR
 46    CONSOLIDATION. Immediately following the close of  the  polls  the  boards  of
 47    election  shall  compute the result of the election making the count in public
                                                                        
                                           5
                                                                        
  1    view, and upon completion shall make a return of the election to the clerk  of
  2    the  commissioners  of their respective counties, upon forms to be supplied by
  3    the clerk, and shall transmit with the returns all ballots cast at  the  elec-
  4    tion,  whether  or  not  the  ballots  were  counted  by the election board or
  5    rejected by them. Immediately At the earliest possible  date  thereafter,  the
  6    commissioners shall meet separately at their respective county seats, and can-
  7    vass  the  returns  of the election boards within their counties. On the tenth
  8    Within fifteen (15) days after the canvass, unless that day is a Sunday  or  a
  9    legal  holiday,  then  on  the  following day, the commissioners shall meet in
 10    joint session at a location as shall be agreed upon by them  and  compile  the
 11    total  votes  cast in their respective counties for or against the proposal to
 12    consolidate the highway districts concerned. If the proposal carried  in  each
 13    of  the  highway  districts  concerned,  the county commissioners in the joint
 14    meeting shall make and enter an order declaring the districts consolidated  in
 15    one  (1)  highway district of a name or designation as may be ordered by them,
 16    and at that time the consolidation shall be effective. The  highway  districts
 17    having  been  consolidated shall remain in operation, with all legal authority
 18    of a highway district, until the newly appointed highway commissioners of  the
 19    consolidated highway district meet and organize as provided in this chapter.
                                                                        
 20        SECTION  12.  That Section 40-1512, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        40-1512.  SUBDIVISION OF DISTRICT -- APPOINTMENT OF HIGHWAY  COMMISSIONERS
 23    -- CONSOLIDATION, WHEN EFFECTIVE. At the joint meeting, as provided by section
 24    40-1511,  Idaho Code, by a majority vote of all the commissioners present, the
 25    territory consolidated in one (1) highway district shall be divided into three
 26    (3) subdistricts, as provided by section 40-1304,  Idaho  Code.  and  hHighway
 27    commissioners  for the consolidated highway district shall be appointed by the
 28    governor, as provided for by section 40-1303, Idaho Code.
                                                                        
 29        SECTION 13.  That Section 40-1513, Idaho Code, be, and the same is  hereby
 30    amended to read as follows:
                                                                        
 31        40-1513.  HIGHWAY  DISTRICT  LAWS  APPLICABLE -- EXCEPTIONS -- TAX LEVIES.
 32    After the consolidation is effective, statutes relating to  highway  districts
 33    shall  be  applicable  to  the  joint consolidated highway district, except as
 34    otherwise provided in this chapter. The assessing of property, the levying and
 35    collection of ad valorem taxes and all accounts which from their nature should
 36    be separately kept, shall be done and kept and the report on them made  as  if
 37    each  portion of the consolidated district were a separate highway district in
 38    the respective counties. Nothing in this chapter shall be  construed  as  pre-
 39    venting  the  new highway district board from levying ad valorem taxes against
 40    property within the consolidated district in accordance  with  chapter  8,  of
 41    this title 40, Idaho Code.
                                                                        
 42        SECTION  14.  That Section 40-1514, Idaho Code, be, and the same is hereby
 43    amended to read as follows:
                                                                        
 44        40-1514.  ORGANIZATION OF HIGHWAY DISTRICT COMMISSIONERS -- COMPUTATION OF
 45    INDEBTEDNESS OF FORMER DISTRICTS. Immediately after consolidation is  effected
 46    and  highway commissioners are appointed, they shall meet and organize as pro-
 47    vided by law, appoint required officers and designate a  time  and  place  for
 48    their meetings and have and exercise all the powers, jurisdiction, and author-
 49    ity and perform all duties and be subject to the responsibilities and liabili-
                                                                        
                                           6
                                                                        
  1    ties  of a highway district as provided by law. Upon organization, the highway
  2    district shall ascertain and compute all indebtedness, including bonded,  war-
  3    rant  and current indebtedness, separately, of each of the former highway dis-
  4    tricts comprising the consolidation.
                                                                        
  5        SECTION 15.  That Section 40-1515, Idaho Code, be, and the same is  hereby
  6    amended to read as follows:
                                                                        
  7        40-1515.  PROPERTY  AND MONEYS OF FORMER DISTRICTS -- DELIVERY TO CONSOLI-
  8    DATED HIGHWAY DISTRICT. -- SALE OF PROPERTY. All property rights of the former
  9    highway districts shall be vested in and become the property of  the  consoli-
 10    dated  highway  district,  except  as  otherwise provided in this chapter. The
 11    highway district commissioners and officers of each of the former highway dis-
 12    tricts comprising the consolidated highway district shall,  immediately  after
 13    consolidation  is effected and the consolidated highway district commissioners
 14    have met and organized, turn over and deliver to them all  property  of  every
 15    kind  and description belonging to the former highway districts, including all
 16    moneys, books and accounts. All personal property, excepting moneys, books and
 17    accounts, belonging to former districts shall be sold by  the  former  highway
 18    board  at  public sale to the highest bidder after notice and at a time as the
 19    highway district commissioners shall determine. At the sale  the  consolidated
 20    highway  district, through any of its commissioners, may bid, and in the event
 21    the consolidated district is the successful bidder, the amount of bid shall be
 22    credited by the treasurer to the account of the former district to  which  the
 23    property belonged.
                                                                        
 24        SECTION  16.  That Section 40-1516, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        40-1516.  SEPARATE ACCOUNTS OF FUNDS AND PROCEEDS FROM FORMER HIGHWAY DIS-
 27    TRICTS -- DUTIES OF TREASURER. The highway district treasurer shall keep sepa-
 28    rate accounts of all moneys coming into his hands  from  each  of  the  former
 29    highway  districts,  together  with  all  moneys from the sale of any property
 30    belonging to those districts, together with all moneys received  from  special
 31    tax  levies against the taxable property situated within the boundaries of the
 32    former highway districts and together  with  all  moneys  paid  out  upon  the
 33    indebtedness  of  the former highway districts. He shall pay from the funds in
 34    the accounts the amounts as the highway commissioners may from  time  to  time
 35    order.
                                                                        
 36        SECTION  17.  That Section 40-1517, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        40-1517.  FUNDING OF INDEBTEDNESS OF FORMER HIGHWAY DISTRICTS. If the con-
 39    solidated highway district  commissioners  determine  that  valid  outstanding
 40    indebtedness  of  any  of  the former highway districts, existing prior to the
 41    consolidation may be funded or refunded to the profit and benefit of the  tax-
 42    payers  within  the  boundaries  of  the  former highway district, and without
 43    incurring any additional liability, the highway commissioners have  the  power
 44    and  authority  to make provision for issuing of funding or refunding bonds in
 45    an amount equal to the unpaid principal and interest on the outstanding  bonds
 46    or  other indebtedness. Before the highway commissioners shall issue any bonds
 47    to refund any outstanding indebtedness, it  shall  cause  all  moneys  of  the
 48    former highway district on hand available for the payment and discharge of any
 49    indebtedness  to be applied in payment and discharge of them and issue funding
                                                                        
                                           7
                                                                        
  1    or refunding bonds only for the remainder of the indebtedness. The issuance of
  2    bonds shall not create any liability against the consolidated highway district
  3    or any of the property within its  boundaries,  excepting  that  the  property
  4    within  the  boundaries of the former highway district shall be liable for the
  5    payment of the bonds.
                                                                        
  6        SECTION 18.  That Section 40-1518, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
                                                                        
  8        40-1518.  INDEBTEDNESS  PRIOR TO CONSOLIDATION -- LIABILITY OF PROPERTY IN
  9    FORMER HIGHWAY DISTRICTS. It is  expressly  provided  that  property  situated
 10    within  the  boundaries  of  a former highway district shall be liable for the
 11    indebtedness of that district existing prior to consolidation, but  shall  not
 12    be liable for the indebtedness of any other highway district forming a consol-
 13    idation and existing prior to the consolidation.
                                                                        
 14        SECTION  19.  That  Chapter  15, Title 40, Idaho Code, be, and the same is
 15    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 16    ignated as Section 40-1519, Idaho Code, and to read as follows:
                                                                        
 17        40-1519.  EXPENSES  OF  ELECTION  --  PRORATION  TO  HIGHWAY  DISTRICTS --
 18    APPEALS. In all counties where highway district  consolidation  elections  are
 19    held  under  the  provisions  of  this chapter, county commissioners shall pay
 20    expenses of the elections from the general fund of the  county.  The  expenses
 21    shall  be  prorated  by  the commissioners according to the mileage and market
 22    value for assessment purposes of each of the highway districts  involved,  and
 23    upon  certification  of  this pro rata share by the county commissioners, that
 24    share shall be paid to the county from funds of the appropriate  highway  dis-
 25    trict.  Any  appeals  shall  follow the appeals procedure set forth in section
 26    40-1706, Idaho Code.

Statement of Purpose / Fiscal Impact


     
                 STATEMENT OF PURPOSE
                       RS 09960 
                           
     This legislation amends Idaho Code Chapter 15, Title 40, "Consolidation of
     Highway Districts". This legislation is a follow up to SB 1478 passed in 1998. SB
     1478, made changes to the County Highway Reorganization, Chapter 17, Title 40.
     This legislation amends Chapter 15 to conform to the changes made in that
     section, by clarification of terms and procedures for the consolidation of highway
     districts. 
     
     
                    FISCAL IMPACT
     
     None to the General Fund. 
     
     
     
     
     
     
     
     
     
     
     
     Contact 
     Name: Stuart 0. Davis; Executive Director, 
     Idaho Association of Highway Districts, Inc. 
     
     Phone: 345-5176 
     
     
                                                  STATEMENT OF PURPOSE/FISCAL IMPACT           S 1460