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S1431.....................................................by TRANSPORTATION HIGHWAY DISTRICTS - COUNTYWIDE - Amends and adds to existing law to provide for expansion of the number of highway district commissioners from three to seven in countywide highway districts located in counties with a population in excess of 200,000 persons; to provide that the commissioners must live in the district they represent; and to provide that the voters of the district, rather than the entire county, shall vote on the commissioner residing in the voter's district. 02/11 Senate intro - 1st rdg - to printing 02/12 Rpt prt - to Transp 02/18 Rpt out - rec d/p - to 2nd rdg 02/19 2nd rdg - to 3rd rdg 02/24 Returned to Transp
S1431|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1431 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO COUNTYWIDE HIGHWAY DISTRICTS; AMENDING SECTION 40-1404, IDAHO 3 CODE, TO PROVIDE APPLICATION TO COUNTYWIDE HIGHWAY DISTRICTS IN COUNTIES 4 WITH A POPULATION OF TWO HUNDRED THOUSAND PERSONS OR LESS AND TO MAKE 5 TECHNICAL CORRECTIONS; AMENDING CHAPTER 14, TITLE 40, IDAHO CODE, BY THE 6 ADDITION OF A NEW SECTION 40-1404A, IDAHO CODE, TO PROVIDE ELECTION PROCE- 7 DURES FOR HIGHWAY DISTRICT COMMISSIONERS IN COUNTYWIDE HIGHWAY DISTRICTS 8 LOCATED IN COUNTIES WITH A POPULATION IN EXCESS OF TWO HUNDRED THOUSAND 9 PERSONS; AMENDING SECTION 34-625, IDAHO CODE, TO PROVIDE APPLICATION TO 10 CERTAIN COUNTYWIDE HIGHWAY DISTRICTS AND TO MAKE TECHNICAL CORRECTIONS; 11 AMENDING CHAPTER 6, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 12 34-635A, IDAHO CODE, TO PROVIDE FOR ELECTION OF HIGHWAY DISTRICT COMMIS- 13 SIONERS IN SINGLE COUNTYWIDE HIGHWAY DISTRICTS LOCATED IN A COUNTY WITH A 14 POPULATION IN EXCESS OF TWO HUNDRED THOUSAND PERSONS; AND DECLARING AN 15 EMERGENCY. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 40-1404, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 40-1404. APPOINTMENT OF FIRST HIGHWAY DISTRICT COMMISSIONERS IN 20 CERTAIN COUNTYWIDE HIGHWAY DISTRICTS -- SUBDISTRICTS -- ELECTIONS, 21 TERMS AND SALARIES OF COMMISSIONERS. For counties with a population of 22 two hundred thousand (200,000) persons or less, iIf there 23 is a majority affirmative vote at the election the county commissioners, at 24 their next meeting shall organize thecounty-wide25 countywide highway district. The county shall be subdivided by the 26 county commissioners into three (3) subdistricts, designated subdistricts num- 27 ber one (1) , two (2) and three (3) , as 28 nearly equal in population as practicable, and one (1) highway commissioner 29 shall represent each subdistrict and be a resident of the subdistrict. The 30 governor shall appoint the firstcounty-widecountywide 31 highway district commissioners. Where one (1) or more highway districts 32 have been in existence at the time of the creation of thecounty-wide33countywide highway district, the governor shall appoint, 34 whenever practicable, at least one (1) of the former highway district commis- 35 sioners as they shall qualify by reason of residence in the territorial limits 36 of the subdistricts of thecounty-widecountywide 37 highway district as a commissioner of thecounty-wide38 countywide highway district. County commissioners and city council mem- 39 bers shall not be eligible to hold office as acounty-wide40 countywide highway district commissioner. The originally appointed com- 41 missioners shall serve until the next general election when two (2) members 42 shall be elected for two (2) years and one (1) member shall be elected for a 43 term of four (4) years, the commissioner from subdistrict number one (1) 2 1 being elected for a term of four (4) years. The four (4) year term 2 shall be allotted thereafter in rotation to subdistricts number two (2) 3 , three (3) and one (1) . A qualified voter of 4 thecounty-widecountywide highway district shall be 5 eligible to vote for each of thecounty-widecountywide 6 highway district commissioners, and the election shall be conducted as 7 provided by Idaho statutes relating to holding elections at the county level. 8 The highway commissioners shall take office on January 1 of the year imme- 9 diately following their election, and each may receive a salary not to exceed 10 six hundred dollars ($600) per calendar month with the exception of the presi- 11 dent of the highway commissioners who may receive a salary not to exceed seven 12 hundred dollars ($700) per calendar month. 13 SECTION 2. That Chapter 14, Title 40, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION , to be 15 known and designated as Section 40-1404A, Idaho Code, and to read as follows: 16 40-1404A. ELECTIONS, TERMS AND SALARIES OF COMMISSIONERS IN CERTAIN 17 COUNTYWIDE HIGHWAY DISTRICTS. In countywide highway districts located in a 18 county with a population of more than two hundred thousand (200,000) persons 19 in which the voters have chosen to establish a countywide highway district at 20 a previous election, the county shall be divided by the county commissioners 21 immediately upon the effective date of this act into seven (7) districts which 22 shall correspond to legislative districts. If after a reapportionment, there 23 are more or less than seven (7) legislative districts within the county or if 24 any legislative district within the county includes all or a portion of 25 another county, the county commissioners shall designate the seven (7) dis- 26 tricts as nearly as equal in population as practicable and with each district 27 corresponding as nearly as practicable to the legislative district geographic 28 locations and boundaries. No precincts shall be divided. A highway district 29 commissioner shall be a resident of the district which he represents. Voters 30 in each district shall vote only for one (1) candidate seeking to represent 31 that district. County commissioners and city council members shall not be eli- 32 gible to hold office as a countywide highway district commissioner. At the 33 election held in 1998, commissioners representing districts one (1), two (2), 34 and seven (7) shall be elected for two (2) year terms and commissioners repre- 35 senting districts three (3), four (4), five (5) and six (6) shall be elected 36 for four (4) year terms. Thereafter all commissioners shall be elected for 37 four (4) year terms. Any incumbent in office on the effective date of this act 38 may complete the term to which they were elected and shall represent the dis- 39 trict from which they reside. Any incumbent in office on the effective date of 40 this act whose term expires on January 1, 2000, shall retain that office until 41 January 1, 2000, shall be assigned the district in which they reside by the 42 county commissioners and need not sit for election in 1998. 43 A qualified voter of the countywide highway district shall be eligible to 44 vote for a countywide highway district commissioner residing in the elector's 45 district, and the election shall be conducted as provided by Idaho statutes 46 relating to holding primary and general elections at the county level. 47 The highway commissioners shall take office on January 1 of the year 48 immediately following their election, and each may receive a salary not to 49 exceed six hundred dollars ($600) per calendar month with the exception of the 50 president of the highway commissioners who may receive a salary not to exceed 51 seven hundred dollars ($700) per calendar month. 52 SECTION 3. That Section 34-625, Idaho Code, be, and the same is hereby 3 1 amended to read as follows: 2 34-625. ELECTION OF HIGHWAY DISTRICT COMMISSIONERS IN CERTAIN 3 SINGLECOUNTY-WIDECOUNTYWIDE DISTRICTS -- 4 QUALIFICATIONS. (1) In each general election, highway district commissioners 5 in singlecounty-widecountywide districts , 6 located in a county with a population of two hundred thousand (200,000) per- 7 sons or less, shall be elected as provided for in section 40-1404, 8 Idaho Code. 9 (2) No person shall be elected to the office of highway district commis- 10 sioner unless he shall have attained the age of eighteen (18) years at the 11 time of his election, is a citizen of the United States, and shall be a resi- 12 dent of the highway district commissioners subdistrict for which he seeks 13 office. 14 (3) Each candidate shall file a declaration of candidacy with the county 15 clerk not more than ninety (90) days nor less than sixty (60) days prior to 16 the general election. Each declaration of candidacy shall also bear the fol- 17 lowing words: "I am a resident within the boundaries of Highway District Com- 18 missioners Subdistrict Number ....." 19 (4) Each candidate who files a declaration of candidacy shall at the same 20 time pay a filing fee of ten dollars ($10.00) which shall be deposited in the 21 county current expense fund. 22 SECTION 4. That Chapter 6, Title 34, Idaho Code, be, and the same is 23 hereby amended by the addition thereto of a NEW SECTION , to be 24 known and designated as Section 34-635A, Idaho Code, and to read as follows: 25 34-635A. ELECTION OF HIGHWAY DISTRICT COMMISSIONERS IN CERTAIN SINGLE 26 COUNTYWIDE HIGHWAY DISTRICTS -- QUALIFICATIONS. (1) In each general election, 27 highway district commissioners in single countywide highway districts located 28 in a county with a population in excess of two hundred thousand (200,000) per- 29 sons and in which the voters have chosen to establish a countywide highway 30 district at a previous election shall be elected as provided for in section 31 40-1404A, Idaho Code. 32 (2) No person shall be elected to the office of highway district commis- 33 sioner unless he shall have attained the age of eighteen (18) years at the 34 time of his election, is a citizen of the United States, and shall be a resi- 35 dent of the highway district commissioners district for which he seeks office. 36 (3) Each candidate shall file a declaration of candidacy with the county 37 clerk at the time prescribed in section 34-704, Idaho Code. Each declaration 38 of candidacy shall also bear the following words: "I am a resident within the 39 boundaries of Highway District Commissioner District Number ...." 40 (4) Each candidate who files a declaration of candidacy shall at the same 41 time pay a filing fee of ten dollars ($10.00) which shall be deposited in the 42 county current expense fund. 43 SECTION 5. An emergency existing therefor, which emergency is hereby 44 declared to exist, this act shall be in full force and effect on and after its 45 passage and approval.
STATEMENT OF PURPOSE
RS 07847C1
To reorganize countywide highway districts in any county with over
200,000 population.
To increase the number of highway district commissioners from three to
seven in any county with over 200,000 population.
To assign highway district commissioners to specific districts coinciding
with legislative districts in any county with over 200,000 population.
To provide for election of highway district commissioners at the primary and
general elections just as county elected officials stand for election) in any
county with over 200,000 population.
To provide that any currently elected and serving highway district
commissioners in districts reorganized by this act shall represent the
district in which they reside until their current term of office expires.
FISCAL IMPACT
$7,200 per year for four additional highway district commissioners for a
total of $28,800 per year fiscal impact on countywide highway districts in
counties with over 200,000 population.
Contact
Rep. David Bivens
Phone: 332-1202
Senator Cecil Ingram
Phone: 332-1329
Statement of Purpose/Fiscal Impact
Bill No S1431