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S1516......................................by LOCAL GOVERNMENT AND TAXATION
HIGHWAY DISTRICTS - MEETINGS - Amends existing law to provide a quorum
requirement for the highway district commissioners to make decisions on
behalf of the highway district; and to provide a quorum requirement for
executive sessions.
02/21 Senate intro - 1st rdg - to printing
02/22 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 - 32-0-3
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Walton/Branch, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Crow, McLaughlin, Parry
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 - 66-0-4
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, McKague, 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 -- None
Absent and excused -- Crow, Cuddy, Moyle, Mr Speaker
Floor Sponsor - Pomeroy
Title apvd - to Senate
03/30 To enrol - rpt enrol - Pres signed
03/31 Sp signed
04/03 To Governor
04/04 Governor signed
Session Law Chapter 195
Effective: 07/01/00
S1516
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1516
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAY DISTRICT MEETINGS; AMENDING SECTION 40-1306A, IDAHO CODE,
3 TO REVISE QUORUM REQUIREMENTS; AND AMENDING SECTION 40-1306B, IDAHO CODE,
4 TO REVISE THE REQUIREMENTS FOR A QUORUM TO AUTHORIZE AN EXECUTIVE SESSION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 40-1306A, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 40-1306A. HIGHWAY DISTRICT MEETINGS -- DEFINITIONS -- OPEN TO THE PUBLIC
9 -- NOTICE OF MEETINGS. (1) Definitions used in this section and in sections
10 40-1306B and 40-1306C, Idaho Code:
11 (a) "Board of highway district commissioners" means a quorum of two (2)
12 or more highway commissioners, with the authority to make decisions on
13 behalf of the highway district regarding any matter in a highway district
14 organized under the provisions of this chapter and three (3) or more high-
15 way district commissioners in a highway district organized under the pro-
16 visions of section 40-1401, Idaho Code.
17 (b) "Decision" means any determination, action, vote or final disposition
18 upon a motion, proposal, resolution, order, ordinance or measure on which
19 a vote of a board of highway commissioners is required, at any meeting at
20 which a quorum is present, but shall not include those ministerial or
21 administrative actions necessary to carry out a decision previously
22 adopted in a meeting held in compliance with this section.
23 (c) "Deliberation" means the receipt or exchange of information or opin-
24 ion relating to a decision, but shall not include informal or impromptu
25 discussions of a general nature which do not specifically relate to a mat-
26 ter then pending before the board of highway district commissioners for
27 decision.
28 (d) "Executive session" means any meeting or part of a meeting of the
29 board of highway commissioners which is closed to any person for delibera-
30 tion of certain matters.
31 (e) "Meeting" means the convening of the highway district board of com-
32 missioners to make a decision or to deliberate toward a decision on any
33 matter.
34 (i) "Regular meeting" means the convening of the board of highway
35 commissioners on the date designated by the highway district board of
36 commissioners or fixed by law, to conduct the business of the highway
37 district.
38 (ii) "Special meeting" means a convening of the board of highway
39 commissioners pursuant to a special call for the conduct of business
40 as specified in the call.
41 (2) All meetings of the highway district board of commissioners shall be
42 open to the public and all persons shall be permitted to attend any meeting
43 except as otherwise provided by this section. A majority of the commissioners
2
1 shall constitute a quorum for the transaction of business. No decision at a
2 meeting of the highway district board of commissioners shall be made by secret
3 ballot. A highway district shall not hold a meeting at any place where dis-
4 crimination on the basis of race, creed, color, sex, age or national origin is
5 practiced.
6 (a) Regular meetings. No less than a five (5) calendar day meeting notice
7 shall be given unless otherwise provided by statute. Provided however,
8 when a highway district holds meetings at regular intervals of at least
9 once per calendar month scheduled in advance over the course of the year,
10 the district may satisfy this meeting notice by giving meeting notices at
11 least once each year of its regular meeting schedule. A forty-eight (48)
12 hour agenda notice shall be required in advance of each regular meeting,
13 however, additional agenda items may be added after completion of the
14 agenda up to and including the hour of the meeting, provided that a good
15 faith effort is made to include in the notice all agenda items known at
16 the time to be probable items of discussion. The notice requirement for
17 meetings and agendas shall be satisfied by posting such notices and
18 agendas in a prominent place at the principal office of the highway dis-
19 trict, or if no such office exists, at the building where the meeting is
20 to be held.
21 (b) Special meetings. All special meetings must be ordered by the chair-
22 man or a majority of the highway commissioners. The order must be entered
23 on the record, and the secretary must give each member not joining in the
24 order twenty-four (24) hours' notice of any special meeting. The order
25 must specify the business to be transacted at the special meeting and none
26 other than that specified shall be transacted. No special meeting shall be
27 held without at least a twenty-four (24) hour meeting and agenda notice,
28 unless an emergency exists. An emergency is a situation involving injury
29 or damage to person or property, or immediate financial loss, or the like-
30 lihood of such injury, damage or loss, when the notice requirements of
31 this section would make such notice impracticable, or increase the likeli-
32 hood or severity of such injury, damage or loss, and the reasons for the
33 emergency are stated at the outset of the meeting. The notice required
34 under this section shall include at a minimum: the meeting date, time,
35 place and name of the highway district calling for the meeting. The secre-
36 tary or other designee of the highway district shall maintain a list of
37 the news media requesting notification of meetings and shall make a good
38 faith effort to provide advance notification to them of the time and place
39 of each meeting.
40 (3) Executive sessions. If an executive session only will be held, a
41 twenty-four (24) hour meeting and agenda notice shall be given according to
42 the notice provisions stated in subsection (2) of this section and shall
43 state the reason and the specific provision of law authorizing the executive
44 session.
45 (4) The highway district shall provide for the taking of written minutes
46 of all its meetings. Neither a full transcript nor a recording of the meeting
47 is required, except as otherwise provided by law. All minutes shall be
48 recorded in the official minute book as specified in section 40-1336(1), Idaho
49 Code, and shall be available to the public within a reasonable time after the
50 minutes have been approved by the board of highway commissioners, and shall
51 include at least the following information:
52 (a) All commissioners and officers of the highway district present;
53 (b) All motions, resolutions, orders or ordinances proposed and their
54 disposition;
55 (c) All bills presented, showing to whom payable, for what service and
3
1 material, amount, allowed and disallowed;
2 (d) The results of all votes, and upon the request of a member, the vote
3 of each member, by name;
4 (e) All other action taken by the board of highway district commissioners
5 requiring recordation as required in section 40-1336, Idaho Code; and
6 (f) Minutes of executive sessions may be limited to material the disclo-
7 sure of which is not inconsistent with the provisions of section 40-1306B,
8 Idaho Code, but shall contain sufficient detail to convey the general
9 tenor of the meeting.
10 SECTION 2. That Section 40-1306B, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 40-1306B. EXECUTIVE SESSIONS -- WHEN AUTHORIZED. (1) Nothing contained in
13 this chapter shall be construed to prevent, upon a two-thirds (2/3) vote of
14 two (2) or more highway district commissioners in a highway district organized
15 under the provision of this chapter, or three (3) or more highway district
16 commissioners in a district organized under the provisions of section 40-1401,
17 Idaho Code, recorded in the minutes of the meeting by individual vote, a high-
18 way district from holding an executive session during any meeting, after the
19 presiding officer has identified the authorization under this act for the
20 holding of such executive session. An executive session may be held:
21 (a) To consider hiring an officer, employee, staff member or individual
22 agent. This paragraph does not apply to filling a vacancy in an elective
23 office;
24 (b) To consider the evaluation, dismissal or disciplining of, or to hear
25 complaints or charges brought against an officer, employee, staff member
26 or individual agent;
27 (c) To conduct deliberations concerning labor negotiations or to acquire
28 an interest in real property which is not owned by a public agency;
29 (d) To consider records that are exempt from disclosure as provided in
30 chapter 3, title 9, Idaho Code;
31 (e) To consider and advise its legal representatives in pending litiga-
32 tion or where there is a general public awareness of probable litigation.
33 (2) Labor negotiations may be conducted in executive session if either
34 side requests closed meetings. Notwithstanding the provisions of section
35 67-2343, Idaho Code, subsequent sessions of the negotiations may continue
36 without further public notice.
37 (3) No executive session may be held for the purpose of taking any final
38 action or making any final decision.
STATEMENT OF PURPOSE
RS09956C2
This legislation amends Idaho Code section 1306 of Title 40. This change in
legislation is needed to address the expansion of the Ada County Highway
District Board of Commissioners. In 1998, the Legislature increased this board
from three (3) members to five (5) members. This necessitates the change in code
to reflect that 3 or more commissioners may act as a quorum.
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 1516