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S1109.....................................................by TRANSPORTATION
HIGHWAY DISTRICTS - Amends existing law relating to dissolution of highway
districts to provide that certain highway districts shall not be dissolved
by petition; to provide that dissolved highway districts shall be replaced
by existing and adjoining county highway systems; to provide for procedures
for dissolution of highway districts; to provide for a petition and
hearings of petitions; to provide for an election on the question of
dissolution of the highway district and to provide for procedures; to
provide that the title to all moneys belonging to the dissolved highway
district shall be vested in the county highway system; to provide that no
city shall be entitled to receive any share of the machinery, buildings or
real or personal property of the dissolved highway district; to provide for
claims against dissolved highway districts; to provide for powers of the
county commissioners wherein the dissolved highway district was situated;
to provide the time within which no new proceedings for the dissolution of
a highway district shall be initiated following a failure of dissolution;
and to provide that highway districts will be deemed dissolved only after
the appropriate county highway system or systems have assumed control and
operation of the dissolved highway district.
02/09 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1109
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAY DISTRICTS; AMENDING SECTION 40-1801, IDAHO CODE, TO PRO-
3 VIDE THAT CERTAIN HIGHWAY DISTRICTS SHALL NOT BE DISSOLVED BY PETITION, TO
4 PROVIDE THAT DISSOLVED HIGHWAY DISTRICTS SHALL BE REPLACED BY EXISTING AND
5 ADJOINING COUNTY HIGHWAY SYSTEMS AND TO PROVIDE FOR PROCEDURES; AMENDING
6 SECTION 40-1802, IDAHO CODE, TO PROVIDE FOR A PETITION INITIATED BY THE
7 GREATER OF FIVE PERCENT OR TWENTY-FIVE QUALIFIED ELECTORS, TO MAKE A GRAM-
8 MATICAL CORRECTION AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION
9 40-1803, IDAHO CODE, TO PROVIDE THAT HEARINGS OF PETITIONS SHALL BE AT
10 LEAST SIXTY DAYS FROM THE DATE OF FIRST PUBLICATION OF THE PETITION AND
11 HEARING NOTICE AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION
12 40-1804, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION
13 40-1805, IDAHO CODE, TO PROVIDE THAT THE DISSOLUTION OF A HIGHWAY DISTRICT
14 MUST BE IN THE BEST INTERESTS OF THE HIGHWAY DISTRICT AND THE COUNTY HIGH-
15 WAY SYSTEM, TO PROVIDE THAT AN ELECTION ON THE QUESTION OF DISSOLUTION OF
16 THE HIGHWAY DISTRICT SHALL BE HELD ON A DATE IN CONFORMANCE WITH SECTION
17 34-106(1), IDAHO CODE, BUT NOT LESS THAN NINETY DAYS AFTER THE DATE OF THE
18 ORDER DIRECTING THE QUESTION BE SUBMITTED, TO MAKE GRAMMATICAL CORRECTIONS
19 AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 40-1806, IDAHO CODE,
20 TO REVISE HOURS DURING WHICH POLLS SHALL BE OPENED AND TO PROVIDE CORRECT
21 TERMINOLOGY; AMENDING SECTIONS 40-1807 AND 40-1808, IDAHO CODE, TO PROVIDE
22 CORRECT TERMINOLOGY; AMENDING SECTION 40-1809, IDAHO CODE, TO PROVIDE THAT
23 AT THE EARLIEST POSSIBLE DATE AFTER THE ELECTION THE COUNTY COMMISSIONERS
24 SHALL CANVASS THE RETURNS, TO MAKE A GRAMMATICAL CORRECTION AND TO PROVIDE
25 CORRECT TERMINOLOGY; AMENDING SECTION 40-1810, IDAHO CODE, TO PROVIDE COR-
26 RECT TERMINOLOGY; AMENDING SECTION 40-1811, IDAHO CODE, TO PROVIDE THAT
27 THE TITLE TO ALL MONEYS BELONGING TO THE DISSOLVED HIGHWAY DISTRICT SHALL
28 BE VESTED IN THE COUNTY HIGHWAY SYSTEM, TO PROVIDE THAT NO CITY SHALL BE
29 ENTITLED TO ANY SHARE OF THE MACHINERY, BUILDINGS OR ANY REAL OR PERSONAL
30 PROPERTY OF THE DISSOLVED HIGHWAY DISTRICT, TO PROVIDE CORRECT TERMINOL-
31 OGY, TO CORRECT A CODIFIER'S ERROR AND TO MAKE A GRAMMATICAL CORRECTION;
32 AMENDING SECTION 40-1812, IDAHO CODE, TO DELETE LANGUAGE RELATING TO ESTI-
33 MATES OF REVENUE, TO DELETE LANGUAGE REQUIRING THAT CLAIMS AGAINST DIS-
34 SOLVED HIGHWAY DISTRICTS BE PRESENTED TO THE COMMISSIONERS FOR ALLOWANCE,
35 TO PROVIDE THAT CLAIMS AGAINST DISSOLVED HIGHWAY DISTRICTS SHALL BE PAID
36 FROM THE SPECIAL FUND OF THE DISSOLVED HIGHWAY DISTRICT AND TO PROVIDE
37 CORRECT TERMINOLOGY; AMENDING SECTION 40-1813, IDAHO CODE, TO DELETE REF-
38 ERENCE TO CHAPTER 17, TITLE 40, IDAHO CODE, TO MAKE A GRAMMATICAL CORREC-
39 TION AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 40-1814, IDAHO
40 CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 40-1815, IDAHO
41 CODE, TO DELETE REFERENCE TO THE SUCCEEDING OPERATIONAL UNIT OF THE
42 COUNTY, TO PROVIDE THAT THE COUNTY COMMISSIONERS WHEREIN THE DISSOLVED
43 HIGHWAY DISTRICT WAS SITUATED SHALL HAVE CERTAIN POWERS WITHIN THE RESPEC-
44 TIVE COUNTIES, TO MAKE GRAMMATICAL CORRECTIONS AND TO PROVIDE CORRECT TER-
45 MINOLOGY; AMENDING SECTION 40-1816, IDAHO CODE, TO MAKE GRAMMATICAL COR-
46 RECTIONS AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 40-1817,
2
1 IDAHO CODE, TO PROVIDE THAT NO NEW PROCEEDINGS FOR THE DISSOLUTION OF A
2 HIGHWAY DISTRICT SHALL BE INITIATED LESS THAN SIX YEARS AFTER PROCEEDINGS
3 FOR SUCH DISSOLUTION FAILED AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING
4 SECTION 40-1818, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SEC-
5 TION 40-1819, IDAHO CODE, TO REVISE THE EFFECTIVE DATE OF APPLICATION OF
6 CHAPTER 18, TITLE 40, IDAHO CODE, AND TO PROVIDE THAT CERTAIN ACTIONS OR
7 PROCEEDINGS MAY BE CONTINUED BY THE COUNTY OR HIGHWAY DISTRICT; AMENDING
8 SECTION 40-1820, IDAHO CODE, TO DELETE REFERENCE TO CITY HIGHWAY SYSTEMS;
9 AND AMENDING SECTION 40-1821, IDAHO CODE, TO PROVIDE THAT HIGHWAY DIS-
10 TRICTS WILL BE DEEMED DISSOLVED ONLY AFTER THE APPROPRIATE COUNTY HIGHWAY
11 SYSTEM OR SYSTEMS HAVE ASSUMED CONTROL AND OPERATION OF THE DISSOLVED
12 HIGHWAY DISTRICT AND TO MAKE A GRAMMATICAL CORRECTION.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 40-1801, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 40-1801. DISTRICTS SUBJECT TO DISSOLUTION. Any highway district of the
17 state, unless such district was organized under chapter 13 or 17, title 40,
18 Idaho Code, or if organized prior to July 1, 1985, chapter 27 or 30, title 40,
19 Idaho Code, may be dissolved as provided in this chapter, provided the dis-
20 solved highway district is to be replaced by an existing and adjoining county
21 highway system. A petition for the dissolution of a highway district which
22 shall be replaced by an existing adjoining highway district shall follow the
23 procedures set forth in chapter 15, title 40, Idaho Code.
24 SECTION 2. That Section 40-1802, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 40-1802. PETITION FOR DISSOLUTION -- CONTENTS. All proceedings for the
27 dissolution of highway districts shall be initiated by a petition of five per-
28 cent (5%) or twenty-five (25) or more qualified electors of the district,
29 whichever is greater, addressed to the commissioners of the county in which
30 the highway district is situated, and which shall concisely state the grounds
31 or reasons for the dissolution and contain a request for a hearing of the
32 petition.
33 SECTION 3. That Section 40-1803, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 40-1803. ORDER FOR HEARING UPON PETITION. The petition shall be filed
36 with the clerk of the county commissioners and at its next regular meeting, or
37 at any special meeting called for that purpose, and the county commissioners
38 shall by an order fix a time and place for the hearing of the petition, which
39 time shall not be less than twenty-one sixty (2160) days from and after the
40 date of the first publication of the notice of the petition and hearing.
41 SECTION 4. That Section 40-1804, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 40-1804. NOTICE OF PETITION AND HEARING. The county commissioners shall
44 require their clerk to cause a notice to be published in accordance with the
45 provisions of section 40-206, Idaho Code, setting forth that a petition has
46 been filed, the prayer of the petition and notice of the time and place when
3
1 and where the petition will be heard, and further notice that any elector of
2 the highway district may, prior to or at the time of the hearing, file with
3 the clerk written objections to the proposed dissolution.
4 SECTION 5. That Section 40-1805, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 40-1805. HEARING -- ORDER FOR ELECTION. At the time and place specified
7 in the notice, the county commissioners shall proceed to consider the petition
8 and all written objections to it, and shall hear all persons in relation to
9 it, and shall hear or take testimony as may be offered or as they desire. Upon
10 the conclusion of the hearing which may be continued from day to day, if the
11 county commissioners determine that the highway district ought to should be
12 dissolved and that the dissolution would be to in the best interests of the
13 highway district and the county highway system, it shall enter an order
14 directing that the question of dissolution of the highway district be submit-
15 ted to the qualified electors of the district at an election to be held on a
16 date in conformance with section 34-106(1), Idaho Code, but not less than
17 thirty (30) nor more than sixty ninety (690) days from and after the date of
18 the order.
19 SECTION 6. That Section 40-1806, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 40-1806. ELECTION OFFICERS AND POLLING DISTRICTS -- NOTICE OF ELECTION.
22 The county commissioners shall at the time of making the order appoint two (2)
23 or more judges and one (1) or more clerks for the election, to be chosen from
24 the electors of the highway district for each of the polling districts in the
25 highway district, and shall by order establish polling districts and polling
26 places. The county commissioners shall direct their clerk to cause notice of
27 the election to be given by posting notices in at least three (3) public
28 places within the highway district, one (1) of which shall be on the front
29 door of the office of the highway district, and in addition to that posting,
30 shall cause a copy of the notice to be published in accordance with the provi-
31 sions of section 40-206, Idaho Code. The notice shall state the purpose of the
32 election; the places of holding it; the polling districts, if an election be
33 held in more than one (1) place; the qualifications required of voters; and
34 the hours during which the polls shall be opened, which shall be between the
35 hours of 18:00 pa.m. and 78:00 p.m.
36 SECTION 7. That Section 40-1807, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 40-1807. QUALIFICATIONS OF VOTERS. Any person residing in the highway
39 district possessing the qualifications required by law for a voter at any gen-
40 eral election of the state shall be entitled to vote in the election.
41 SECTION 8. That Section 40-1808, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 40-1808. CONDUCT OF ELECTIONS. (1) The polls in all elections shall be
44 presided over by the judges and clerks appointed by the county commissioners
45 who must take an oath, to be administered by a qualified elector of the high-
46 way district, and which oath shall obligate the judges and clerks to faith-
47 fully perform the duties of the board of election.
4
1 (2) All elections shall be by secret and separate ballot, each ballot in
2 type, print or legible writing, stating in the affirmative and negative the
3 proposition to be voted upon, and all ballots shall be in a form that the
4 voters may express a choice by the marking of a cross (X).
5 (3) In all elections it is intended that no informalities in conducting
6 the elections shall invalidate the election, if the election shall have been
7 otherwise fairly conducted. The clerk of the county commissioners shall pre-
8 pare the necessary ballots for use in each of the polling districts.
9 SECTION 9. That Section 40-1809, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 40-1809. COUNTING VOTES -- RETURN OF ELECTION -- CANVASS -- ORDER OF DIS-
12 SOLUTION. Immediately following the close of the polls at the time specified
13 in the notices of election the board or boards of election shall tally the
14 results of the election, making the count in public view and shall immediately
15 make return of the election to the clerk of the county commissioners upon
16 forms to be supplied by him the clerk, and shall transmit all ballots cast at
17 the election, whether the ballots were counted or rejected by them. election
18 board. At the earliest possible date thereafter, tThe county commissioners
19 shall immediately canvass the returns, and in the event a majority of the
20 votes cast in the highway district are in favor of dissolution, the county
21 commissioners shall immediately make and enter an order declaring the highway
22 district dissolved.
23 SECTION 10. That Section 40-1810, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 40-1810. EXPENSES OF DISSOLUTION -- HOW BORNE AND PAID. All expenses of
26 proceedings to dissolve highway districts, including the posting and publica-
27 tion of notices of hearings on the petitions and of the election, the printing
28 of ballots and compensation of judges and clerks of election, shall be borne
29 by the highway district. In cases where the proposal to dissolve shall be
30 defeated, either by order of the county commissioners upon hearing the peti-
31 tions, or at the election, the expense shall be paid by the appropriate high-
32 way district treasurer out of any current funds on hand on an order presented
33 by the clerk of the county commissioners; and, when the proposal to dissolve
34 shall have been adopted at an election, the expense of all proceedings shall
35 be paid by the county treasurer out of the first moneys received from or on
36 account of the respective highway district.
37 SECTION 11. That Section 40-1811, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 40-1811. DISSOLUTION DISPOSITION OF SURPLUS FUNDS AND PROPERTY OF DIS-
40 SOLVED SYSTEM OR DISTRICT. (1) After final payment of all expenses of proceed-
41 ings in relation to dissolution and of all legal claims, liabilities, bonded
42 and other indebtedness of the dissolved highway district, and after liquida-
43 tion and winding up of the affairs of the such district, all surplus moneys of
44 the dissolved highway district remaining in the special fund of the dissolved
45 highway district shall immediately be delivered to the treasurer of the suc-
46 ceeding operational unit county. Title to all moneys, machinery, buildings,
47 lands, and property of every kind and nature belonging to the dissolved system
48 or highway district shall immediately upon entry of the order of dissolution,
49 and without further conveyance, be vested in the succeeding operational unit
5
1 county highway system.
2 (2) No city whose incorporated limits lie wholly or partially within the
3 boundaries of a dissolved highway district shall be entitled to receive any
4 share of the moneys, machinery, buildings, lands, or any real or personal
5 property of any kind of the dissolved highway district.
6 SECTION 12. That Section 40-1812, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 40-1812. PROVISION FOR PAYMENT OF CURRENT CLAIMS. As a part of the pro-
9 ceedings of and order for dissolution of a highway district, the county com-
10 missioners shall make a determination, so nearly as may be done, of the total
11 indebtedness of the dissolved highway district, including bonded, funded bond,
12 and all warrant indebtedness, both as to registered and floating warrants, and
13 current indebtedness of, or claims against, the dissolved highway district.
14 They shall likewise determine the amount of funds on hand belonging to the
15 dissolved highway district, and shall estimate the revenue to be derived from
16 sale of district property, from uncollected taxes or assessments levied or
17 assessed in the district, and the amount of highway users' funds as the high-
18 way district would be entitled to receive from the county in which the dis-
19 trict is situated had the district not been dissolved. From that determina-
20 tion, the county commissioners shall compute the probable amount of money
21 which may be applied in payment of current indebtedness of the dissolved high-
22 way district and shall order and provide for the manner in which current
23 claims against the dissolved highway district shall be presented to the com-
24 missioners for allowance and payment by warrants drawn against paid from the
25 special fund of the dissolved highway district in the county treasury.
26 SECTION 13. That Section 40-1813, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 40-1813. DISSOLUTION OF DISTRICT SITUATED IN TWO OR MORE COUNTIES. When
29 any highway district is to be dissolved, situated in two (2) or more counties,
30 the commissioners of the county whose county seat is situated most nearly to
31 the geographical center of the highway district, shall have jurisdiction of
32 the dissolution of the highway district and the same procedure, including
33 notices and elections, shall be followed as provided in this chapter. and
34 chapter 17 of this title, for dissolution of highway districts situated in one
35 (1) county. Meetings shall be had at the county seat of the county having
36 jurisdiction of the dissolution of the highway district before a joint session
37 of the commissioners from all the counties affected by the dissolution. The
38 commissioners of the counties affected shall cause to be made and entered an
39 order for notice, election, and for the dissolution and winding up of the
40 affairs of the highway district and specifying when the same shall be dis-
41 solved, and the succeeding operational unit, if any county highway system or
42 systems.
43 SECTION 14. That Section 40-1814, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 40-1814. HIGHWAY DISTRICTS IN TWO OR MORE COUNTIES -- PROVISION FOR PAY-
46 MENT OF INDEBTEDNESS UPON DISSOLUTION. The commissioners of the county in
47 which the petitions for dissolution are filed, shall determine the indebted-
48 ness of the entire highway district and shall provide for the payment of the
49 indebtedness out of the highway district funds on hand, or to be raised by
6
1 special levies, levied by the county, and shall be certified to the clerk of
2 the commissioners of each of the counties in which is situated any part of the
3 dissolved highway district, and an ad valorem tax shall be levied and imposed
4 by each of the counties upon property of within the dissolved highway district
5 as may be within the county. The tax shall be collected, and not less than
6 quarterly, be remitted to the treasurer of the county where the petitions are
7 filed, to be applied in payment of the indebtedness of the dissolved highway
8 district.
9 SECTION 15. That Section 40-1815, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 40-1815. JURISDICTION OF PROPERTY OF DISSOLVED HIGHWAY DISTRICT SITUATED
12 IN TWO OR MORE COUNTIES. The succeeding operational unit of the county in
13 which the proceedings for the dissolution of highway districts, situated in
14 two (2) or more counties are had, or the commissioners of the county or coun-
15 ties wherein the dissolved highway district was situated shall, after the
16 order of dissolution, have exclusive jurisdiction over all of the property,
17 business and affairs of the dissolved highway district, whether situated in
18 the respective county, or not, including the power to issue funding bonds
19 against the whole territory of the dissolved highway district for the payment
20 of funding of bonds, warrants, and for other indebtedness of the dissolved
21 highway district when funds for payment cannot be secured by current taxation.
22 SECTION 16. That Section 40-1816, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 40-1816. CONTROL OF BRIDGES AND HIGHWAYS OF DISSOLVED HIGHWAY DISTRICT.
25 From and after the entry of the order for dissolution of any highway district,
26 the commissioners of the county or counties where the dissolved highway dis-
27 trict was situated, or the succeeding operational unit, shall have the same
28 control over all bridges and highways of the dissolved highway district situ-
29 ate in the county, as was or is vested in the county commissioners in other
30 territory of the county of the dissolved highway district, including the power
31 to levy ad valorem taxes upon the property situated therein for general high-
32 way and bridge purposes.
33 SECTION 17. That Section 40-1817, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 40-1817. LIMITATION ON NEW PROCEEDINGS FOR DISSOLUTION. When any proceed-
36 ings for dissolution of any highway district shall have failed of adoption,
37 either on account of order of the county commissioners or at election, no new
38 proceedings for dissolution of the highway district shall be initiated less
39 than one six (16) years thereafter.
40 SECTION 18. That Section 40-1818, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 40-1818. VALIDITY OF OUTSTANDING OBLIGATIONS. Nothing in this chapter
43 shall be construed as impairing the validity of any outstanding bonds or war-
44 rants of a dissolved system or highway district.
45 SECTION 19. That Section 40-1819, Idaho Code, be, and the same is hereby
46 amended to read as follows:
7
1 40-1819. ACTS AND PROCEEDINGS ESTABLISHED OR COMMENCED BEFORE CHAPTER
2 TAKES EFFECT NOT AFFECTED. This chapter shall not affect any act done, rati-
3 fied or confirmed, or any right accrued or established, or any action or pro-
4 ceeding had or commenced in a civil or criminal cause before July 1, 19852001,
5 but those actions or proceedings may be prosecuted and continued by the
6 county, or highway district. or city.
7 SECTION 20. That Section 40-1820, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 40-1820. CONTINUANCE IN SERVICE OF EMPLOYEES OF DISSOLVED SYSTEM OR HIGH-
10 WAY DISTRICT. All persons in the employ of any dissolved city highway system
11 or highway district may be continued in service so far as their services may
12 be required by the succeeding operational unit county highway system or sys-
13 tems.
14 SECTION 21. That Section 40-1821, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 40-1821. NO HIGHWAY DISTRICT DISSOLVED UNTIL SUCCEEDING OPERATIONAL UNIT
17 IN EXISTENCE ASSUMPTION OF CONTROL BY COUNTY HIGHWAY SYSTEM. No highway dis-
18 tricts dissolved under the terms and provisions of this chapter shall be
19 deemed to have been dissolved and shall not cease to operate and perform their
20 duties and obligations until there shall have been organized and existing a
21 succeeding operational unit appropriate county highway system or systems have
22 assumed control and operation of the dissolved highway district.
STATEMENT OF PURPOSE
RS 10898
This legislation clarifies procedures for the dissolution of
highway districts as provided for in Idaho Code Title 40,
chapter 18. The current chapter 18 statutes are in conflict
with the other chapters of title 40 in the procedures for the
petitioning process, elections, time limits, and polling
places. Clarifications are also made to eliminate the
confusion surrounding which board of commissioners, the
highway district commissioners or the county commissioners,
is required to act under the provisions of a petition for
dissolution under this chapter, and the status of any surplus
of funds and property owned by the highway district at the
time of dissolution.
None to the General Fund.
FISCAL IMPACT
Contact
Name: Stuart O. Davis; Executive Director, Idaho Association
of Highway Districts, Inc.
Phone: 859-9378
STATEMENT OF PURPOSE/FISCAL NOTE S 1109