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S1465.....................................................by TRANSPORTATION
LOCAL HIGHWAYS - Amends and repeals existing law to delete the requirement
of letting certain projects by contract by highway districts, to provide
for joint local highway jurisdictions and to provide for tax levies, to
increase the amount for construction of a new bridge and to increase the
percentage of qualified voters that must petition before a hearing shall be
held.
02/13 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Transp
02/20 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Sweeney
Floor Sponsor - Ingram
Title apvd - to House
02/27 House intro - 1st rdg - to Transp
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 66-1-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(22),
Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Stoicheff
Absent and excused -- Black(23), Crow, Jones(9),
Floor Sponsor - Ridinger
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/20 Governor signed
Session Law Chapter 154
Effective: 07/01/98
S1465|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1465 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO HIGHWAYS; AMENDING SECTION 40-604, IDAHO CODE, TO DELETE THE 3 REQUIREMENT OF LETTING CERTAIN PROJECTS BY CONTRACT AND TO MAKE TECHNICAL 4 CORRECTIONS; AMENDING SECTION 40-807, IDAHO CODE, TO PROVIDE FOR JOINT 5 LOCAL HIGHWAY JURISDICTIONS, TO PROVIDE TAX LEVYS AND TO MAKE A TECHNICAL 6 CORRECTION; AMENDING SECTION 40-1202, IDAHO CODE, TO INCREASE THE AMOUNT 7 FOR CONSTRUCTION OF A NEW BRIDGE AND TO PROVIDE A PERCENTAGE OF QUALIFIED 8 VOTERS PETITIONING BEFORE A HEARING SHALL BE HELD; AND REPEALING SECTION 9 40-1204, IDAHO CODE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 40-604, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 40-604. DUTIES AND POWERS OF COMMISSIONERS. Commissioners shall: 14 (1) Exercise general supervision over all highways in the county highway 15 system, including their location, design, construction, reconstruction, repair 16 and maintenance, and develop general policies regarding highway matters. 17 (2) Cause to be surveyed, viewed, laid out, recorded, opened and worked, 18 any highways or public rights - of - way as are neces- 19 sary for public convenience under the provisions of sections 40-202 and 20 40-203A, Idaho Code. 21 (3) Cause to be recorded all highways and public rights - 22 of - way within their highway system. 23 (4) Have authority to abandon and vacate any highway or public right 24 - of - way within their highway system under the provisions 25 of section 40-203, Idaho Code. 26 (5) Designate county highways, or parts of them, as controlled-access 27 highways and regulate, restrict or prohibit access to those highways so as 28 best to serve the traffic for which the facility is intended. 29 (6) Have authority to make agreements with any incorporated city, other 30 county, a highway district, the state, or the United States, its agencies, 31 departments, bureaus, boards, or any government owned corporation for the con- 32 struction, reconstruction, or maintenance of the county's highway system by 33 those entities or for the construction, reconstruction, or maintenance of the 34 highway systems of those entities by the county's highway organization. The 35 county shall compensate or be compensated for the fair cost of the work except 36 as otherwise specifically provided in this title. 37 (7)Let out by contract the improvement of highways, the construc-38tion and repair of bridges or other adjuncts to highways, when the amount of39work to be done by contract exceeds five hundred dollars ($500). At least40twenty-five percent (25%) of the fund collected in any highway division must41be expended within the division in which the fund was collected.42(8)Contract, purchase, or otherwise acquire the right - 43 of - way over private property for the use of county highways 2 1 and for this purpose may institute proceedings under the code of civil proce- 2 dure. 3 (98 ) Levy an ad valorem tax to be paid into the 4 county highway fund and cause the tax collected each year to be paid into that 5 fund and kept by the treasurer as a separate fund. When all of the territory 6 of a county is included in one (1) or more highway districts the 7 commissioners shall not make any levy for general highway purposes. 8 (109 ) Audit and draw warrants on the county 9 highway fund required for payment for rights-of-way improvement. 10 (110 ) Rename any highway within the county, 11 excepting those situated within the territorial limits of incorporated cities, 12 when the renaming will eradicate confusion. 13 (l21 ) Cause guide posts properly inscribed to be 14 erected and maintained on designated highways. 15 (132 ) Exercise other powers as may be prescribed 16 by law. 17 SECTION 2. That Section 40-807, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 40-807. JOINTCOUNTYLOCAL HIGHWAY JURISDICTION 20 BRIDGES -- ADDITIONAL TAX LEVY. (1) Any two (2) or morecounties21 local highway jurisdictions in the state are empowered to join in 22 the construction, maintenance and repair of bridges at placeswithin or23without highway districts,where the bridges willbe a24 direct ly benefittoeach of thecounties25local highway jurisdictions , and contract for the cost of 26 construction, maintenance or repair of the bridge that eachcounty27local highway jurisdiction is to bear. 28 (2) For the purpose of defraying the costs and expenses incurred under 29 the provisions of this section, the commissioners of the respective30countieslocal highway jurisdictions are empowered to levy 31 upon all taxable property of eachcountylocal highway 32 jurisdiction , in addition to all other taxes, an annual tax not exceed- 33 ing twenty-four ten thousandthsper centpercent 34 (0.0024%) of the market value for assessment purposes of the property,35. Tthe entire proceeds of the levyto36shall be used solely for the purposes of this section. 37 SECTION 3. That Section 40-1202, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 40-1202. PETITION FOR CONSTRUCTING -- NOTICE OF HEARING. When the 40 construction of a new bridge,the cost of41 for which the expenditure contemplated will exceed 42 twenty- fivehundredthousand dollars 43 ($ 2 5 ,0 00),is necessary, anyfive 44 percent (5 % ) ormore taxpayerstwenty- 45 five (25) qualified voters, whichever is greater, of a county highway 46 system or highway district system interested in it may petition 47 the respectivehighwaycommissioners for the erection of the 48 needed bridge. The commissioners shall then advertise the petition, in accor- 49 dance with the provisions of section 40-206, Idaho Code, giving the location 50 and notify the director of highways to attend at a certain time and place to 51 hear the petition. 3 1 SECTION 4. That Section 40-1204, Idaho Code, be, and the same is hereby 2 repealed.
STATEMENT OF PURPOSE
RS07934
To bring bridge construction law in line with bid law as
prescribed in Chapter 9, Title 40, Idaho Code. Increases
petition requirements from five (5) to twenty five (25) or 5%
of the qualified voters which ever is greater to request
construction of a new bridge. This legislation makes
technical corrections in chapters 6,8 and 12, Title 40, Idaho
Code to delete the word "counties" and inserts the phrase
"local highway jurisdictions" which will allow bridge
construction projects to be accomplished jointly or
unilateral by any local highway jurisdiction.
FISCAL NOTE
None to the General
Fund None to Local
Units
CONTACT: Ray Oliver 345-5176
Stuart O. Davis 345-5176
STATEMENT OF PURPOSE/ FISCAL
NOTE
S1465