View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1478aa...................................................by TRANSPORTATION
SECONDARY HIGHWAYS - Amends and repeals existing law to amend the procedure
for the administration of secondary highways within a county to provide
that if the administration of the roads is to be consolidated a study
committee would be formed to analyze three options as outlined and, if the
committee has agreed to one of the options of organization, the option
would then be ready for the voters to approve; to provide proration of
expenses of the election and to provide for appeals.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Transp
03/06 Rpt out - to 14th Ord
03/10 Rpt out amen - to engros
03/11 Rpt engros - 1st rdg - to 2nd rdg as amen
03/12 Rls susp - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - Bunderson
Title apvd - to House
03/13 House intro - 1st rdg as amen - to Transp
03/19 Rpt out - rec d/p - to 2nd rdg as amen
03/20 2nd rdg - to 3rd rdg as amen
03/20 Rls susp - PASSED - 65-1-5
AYES -- Barraclough, Barrett, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22),
Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Tilman, Tippets,
Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Alltus, Crane, Crow, Newcomb, Taylor
Floor Sponsor - Ridinger
Title apvd - to Senate
03/20 To enrol - rpt enrol - Pres signed
03/23 Sp signed - to Governor
03/27 Governor signed
Session Law Chapter 415
Effective: 07/01/98
S1478|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1478, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO COUNTYWIDE HIGHWAY DISTRICTS; AMENDING CHAPTER 17, TITLE 40, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 40-1701, IDAHO CODE, TO PROVIDE 4 LEGISLATIVE INTENT; AMENDING SECTION 40-1701, IDAHO CODE, TO REDESIGNATE 5 THE SECTION, TO REVISE THE PROCEDURE FOR AN ELECTION TO ADOPT A METHOD OF 6 SECONDARY HIGHWAY ADMINISTRATION AND TO MAKE A TECHNICAL CORRECTION; 7 AMENDING SECTION 40-1702, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PRO- 8 VIDE A CORRECT REFERENCE, AND TO INCREASE THE TIME PERIOD BETWEEN ELEC- 9 TIONS; AMENDING SECTION 40-1703, IDAHO CODE, TO REDESIGNATE THE SECTION 10 AND TO PROVIDE THAT THE NEW DISTRICT SHALL BE ECONOMICALLY WORKABLE; 11 AMENDING SECTION 40-1704, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PRO- 12 VIDE FOR TRANSITION FROM EXISTING HIGHWAY COMMISSIONERS, TO PROVIDE THAT 13 COUNTY COMMISSIONERS, CITY MAYORS AND CITY COUNCIL MEMBERS SHALL NOT BE 14 ELIGIBLE TO HOLD OFFICE AS A HIGHWAY DISTRICT COMMISSIONER AND TO MAKE 15 TECHNICAL CORRECTIONS; AMENDING SECTION 40-1705, IDAHO CODE, TO REDESIG- 16 NATE THE SECTION, TO REVISE PROCEDURES FOR ADJUSTMENT OF HIGHWAY DISTRICT 17 BORDERS AND TO MAKE A TECHNICAL CORRECTION; REPEALING SECTIONS 40-1706, 18 40-1707, 40-1708 AND 40-1710, IDAHO CODE; AMENDING SECTION 40-1709, IDAHO 19 CODE, TO PROVIDE FOR INVENTORY, FINANCIAL STATEMENT AND DISPOSITION OF 20 PROPERTY AND OBLIGATIONS OF AFFECTED COUNTY ROAD DEPARTMENTS; AMENDING 21 SECTION 40-1712, IDAHO CODE, TO PROVIDE A CORRECT CITATION AND TO REVISE 22 MEMBERSHIP ON HIGHWAY STUDY COMMISSIONS; AMENDING SECTION 40-1713, IDAHO 23 CODE, TO PROVIDE OPTIONS FOR ADMINISTRATION OF A COUNTY'S SECONDARY HIGH- 24 WAYS, TO INCREASE THE TIME A HIGHWAY STUDY COMMISSION MAY MEET AFTER ELEC- 25 TION AND TO REVISE PROCEDURES; AND AMENDING CHAPTER 17, TITLE 40, IDAHO 26 CODE, BY THE ADDITION OF A NEW SECTION 40-1714, IDAHO CODE, TO PROVIDE 27 PRORATION OF EXPENSES OF THE ELECTION AND TO PROVIDE FOR APPEALS. 28 Be It Enacted by the Legislature of the State of Idaho: 29 SECTION 1. That Chapter 17, Title 40, Idaho Code, be, and the same is 30 hereby amended by the addition thereto of a NEW SECTION , to be 31 known and designated as Section 40-1701, Idaho Code, and to read as follows: 32 40-1701. LEGISLATIVE INTENT. It is the intent of the legislature in 33 amending this chapter to declare that it is necessary in the further promo- 34 tion, regulation, control and administration of the secondary highways within 35 the state of Idaho for the electorate to adopt a secondary highway system at 36 the county level and for the elimination of impractical and uneconomical units 37 and still maintain the element of home rule and administration of secondary 38 highways within the various county and highway district systems exclusive of 39 the state highway system. 40 SECTION 2. That Section 40-1701, Idaho Code, be, and the same is hereby 41 amended to read as follows: 2 1 40-17012 .COUNTY-WIDE2 COUNTYWIDE ELECTION TO ADOPT METHOD OF SECONDARY HIGHWAY ADMINISTRATION 3 -- PROCEDURE. (1) In any county where there is a petition forvote under4this chapter, the commissioners shall refer by popular vote to the entire5electorate of the county the question of administration, allowing the elector-6ate at an election to adopt one (1) of the following systems for administra-7tion:8(a) To establish a county-wide highway system for the administration of9the secondary highway system of the entire county, exclusive of those10within cities, by county commissioners;11(b) For the formation of a county-wide highway district, exclusive of12cities, independent of the administration of the county commissioners;13(c) For the division of the county or area into highway districts cover-14ing the entire county secondary highway system which could include parts15of adjacent counties.16(d) For the continued existence of the present method of administration17of the secondary highway system in the countyan election to 18 adopt a new method of administration of the secondary highways in the 19 county, the procedure outlined in this chapter shall be followed . 20 (2)In any county,The petitions signed by five 21per centpercent (5%) of the qualified voters 22 or twenty-five (25) persons, whichever is greater, of each highway dis- 23 trict and the area served by a county road department, where applicable, 24 within the county may be filed with the county clerk and upon the com- 25 missioners finding that the petitions have been properly signed and filed, 26 cause the formation of a local highway study commission as provided in 27 section 40-1712, Idaho Code, prior to submit ting the mat- 28 ter to vote of the entire countyby a specialat the next 29 general election, providing that the next general election is 30 not less thanninetyone hundred eighty 31 (918 0) days from the filing of the petitions. All of 32 the laws of the state relating to holding of elections at the county level 33 shall apply to the holding ofa specialthe elec- 34 tion, except as may be specifically modified in this chapter. In addition to 35 the other requirements of law, the notice of election shall notify the elec- 36 tors of the issues to be voted upon at the election, and publication of a 37 notice shall be in accordance with the provisions of section 40-206, Idaho 38 Code. Public hearings within the county shall be held, as deemed advisable, by 39 thecommissionershighway study commission . 40 (3) The election shall be conducted in such a manner that the vote 41 is canvassed separately in each of the existing highway districts and the area 42 served by a county road department, where applicable. 43 (4) The commissioners in the notice of election shall designate 44 polling places in each precinct and/or district, as appropriate, 45 to adequately provide for the vote at the election. Every qualified elector of 46 theprecinct who was registered to vote at the last general election47county may vote. 48 (45 ) The vote shall be canvassed by the commis- 49 sioners within five (5) days of the election. 50(5) Upon any one of the four (4) options receiving a majority of51the valid votes cast at the election, that option shall be declared to have52been selected.53(6) In the event that no one of the four (4) options voted upon receives54a majority vote, then the commissioners shall provide a runoff election to be55held within the next thirty (30) days to determine which of the two (2)3 1optional methods receiving the highest number of votes shall be adopted.23 SECTION 3. That Section 40-1702, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 40-17023 . SUBSEQUENT ELECTIONS. Another elec- 6 tion may be similarly called and held by the submission of petitions as pro- 7 vided by section 40-17012 , Idaho Code, and any sub- 8 sequent election shall not be held more often thantwosix 9 (26 ) years after the holding of any election 10 submitting this question to the vote of the county. 11 SECTION 4. That Section 40-1703, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 40-17034 . DISTRICTS TO BE ECONOMICALLY WORK- 14 ABLE. Highway districts organized or consolidated from existing highway dis- 15 tricts and areas served by a county road department, where applicable, 16 under the provisions of this chapter shall consist of areas having suf- 17 ficient mileage, equipment, resources, valuation and budget to be 18 considered economically workable. The county commissioners shall 19 organize the district ( s ) with regard to geographical 20 locations for the most efficient operation. 21 SECTION 5. That Section 40-1704, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 40-17045 . ORGANIZATION OFCOUNTY-WIDE24COUNTYWIDE HIGHWAY DISTRICTS -- HIGHWAY DISTRICT COMMIS- 25 SIONERS -- APPOINTMENT -- TERMS -- ELECTION. (1)County-wide26 Countywide highway districts may be organized under the laws 27 applicable to highway districts and for county highway districts, new highway 28 districts, consolidated or enlarged highway districts, and the number of high- 29 way commissioners to be elected shall be three (3). The formation of new dis- 30 tricts shall be effected by the commissioners of the county so affected within 31 sixty (60) days of the reorganization election, and upon the determination 32 that a county highway system shall be reorganized as acounty-wide33countywide highway district, new highway districts, con- 34 solidation, enlargement or other modification, the original highway district 35 commissioners shall, within seventy (70) days of the election, be appointed by 36 the governor. A new highway district shall be divided by the commissioners 37 into three (3) subdistricts as nearly equal in mileage, market value for 38 assessment purposes, and population as practicable under the circumstances, 39 for the purpose of determining each highway commissioner's district, and each 40 commissioner for a highway district shall represent and be elected or 41 appointed from the district in which he resides. 42 (2) Upon appointment, qualification and acceptance of duties as highway 43 commissioners, those originally appointed shall, by lot, determine two (2) of 44 the original appointed highway commissioners who shall serve for terms of 45 original appointment for two (2) years, or until the next regular election for 46 highway commissioners. The remaining highway commissioner shall serve for a 47 period of four (4) years, or until the next succeeding election for highway 48 commissioners. Thereafter, the highway commissioners elected shall be elected 49 for four (4) year terms as their terms expire, thus providing a continuation 4 1 in office of highway district commissioners, and providing for the staggered 2 election of the commissioners in subsequent elections. 3 (3) Laws applicable to the election of highway commissioners shall apply 4 to the conduct of highway district elections throughout the county, and the 5 election for highway commissioners shall be on a nonpartisan basis. 6 (4) Where acounty-widecountywide highway dis- 7 trict, new highway district, or consolidated or enlarged district results from 8 an election under this chapter, it shall be the duty of the governor, in the 9 appointment of the original highway commissioners for the county, where there 10 shall have been in existence at the time of the creation ofthe county-11wide highway district,any highway districts within the limits of the 12 county to appoint whenever practicable,one (1) ofthe existing 13 highway commissioners as they shall qualify by residence in the territorial 14 limits of the districts of thecounty-widenewly created 15 highway district as a highway commissioner of thecounty-wide16newly created highway district system. 17 County commissioners, city mayors and city council members shall not be eligi- 18 ble to hold office as a highway district commissioner. 19 SECTION 6. That Section 40-1705, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 40-17056 . ADJUSTMENT OF HIGHWAY DISTRICT BORD- 22 ERS -- NOTICE -- HEARING -- DECISION OF COMMISSIONERS -- APPEAL. In areas 23 where more than one (1) highway district exists and the highway dis- 24 tricts were organized under the provisions of this chapter , the commis- 25 sioners shall have the duty and obligation from time to time as shall be prac- 26 tical and for the best interests of thecounty-wide27 countywide administration of the secondary highway systems, to adjust 28 the borders of the highway districts coexisting in the county as shall most 29 equitably and economically permit the administration, operation and construc- 30 tion of the secondary highway system within the county. Notice of a proposal 31 to change the boundaries of the highway districts within the county shall be 32 given by the commissioners through the county clerk to the districts affected 33 and notice shall be published in accordance with the provisions of section 34 40-206, Idaho Code. At the hearing any person objecting may be heard in oppo- 35 sition, and upon the closing of the hearing, the commissioners shall within 36 ten (10) days after the hearing, notify the districts affected of their deci- 37 sion, and any district aggrieved by the decision shall have the right through 38 its highway commissioners to appeal the decision directly to the district 39 court of the county in which the district lies. Matters referred to the dis- 40 trict court on appeal shall be submitted by petition for hearing within twenty 41 (20) days of the announcement of the decision of the commissioners and the 42 matter disposed of by the district court by reversal or approval. Failure to 43 diligently prosecute the matter before the district court shall justify the 44 district court in dismissing the appeal without hearing. 45 SECTION 7. That Sections 40-1706, 40-1707, 40-1708 and 40-1710, Idaho 46 Code, be, and the same are hereby repealed. 47 SECTION 8. That Section 40-1709, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 40-1709. INVENTORY AND FINANCIAL STATEMENT OF DISSOLVED DISTRICT -- DIS- 50 POSITION OF PROPERTY AND OBLIGATIONS OF DISSOLVED DISTRICT AND COUNTY 5 1 ROAD DEPARTMENTS . (1) Upon an election being held under the provisions 2 of this chapter and an option being chosen, all affected highway 3 districts and the county road department, where applicable, shall 4 prepare and file with the county commissioners an inventory 5 of all machinery, buildings, lands and property of every kind and nature 6 and financial statement not later than ten (10) days subsequent to the 7 canvass of the election. 8 (2) Title to all machinery, buildings, lands and property of every kind 9 and nature, belonging to eachdistrictaffected highway 10 jurisdiction shall immediately upon the dissolution of the district and 11 county road department without further conveyance, be vested in 12 the county commissioners as custodians and be delivered to the 13 succeeding operational unit as soon as practicable . The succeed- 14 ing unit shall be liable for any and all unliquidated obligations of the dis- 15 solved highway districts and county road department . 16 SECTION 9. That Section 40-1712, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 40-1712. HIGHWAY STUDY COMMISSION -- ESTABLISHMENT -- MEMBERSHIP. In each 19 county required to conduct an election under the provisions of section 20 40-171102 , Idaho Code, there shall be established a 21 local highway study commission. The local highway study commission in each 22 county shall be composed as follows: 23 (1) One (1) member shall be appointed by the highway district commission- 24 ers of each highway district within the county; 25 (2) Thecity councilmayor ofeach26 the city with the largest population within the 27 county shall appoint one (1) member; 28 (3) The chairman of the county commissioners shall appoint 29 a county commissioner as one (1) member;and 30(4) The state highway district engineer of the state highway dis-31trict within which the county lies shall be a member of andthat 32 member will serve as chairman of the commission. 33 SECTION 10. That Section 40-1713, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 40-1713. MEETING OF HIGHWAY STUDY COMMISSION -- SELECTION OF OPTION FOR 36 SUBMISSION -- ELECTION -- IMPLEMENTATION OF OPTION -- RETENTION OF EXISTING 37 SYSTEM. (1) The highway study commission shall meet at the county courthouse, 38 at the call of the chairman, no later than one hundredtwenty39 fifty (125 0) days prior to the election 40 called for by this chapter. At that meeting, or at any other meetings as may 41 be necessary to make the decision, the commission shall analyze the options 42 for administration for the county's secondary highways .43prescribed in section 40-1701, Idaho Code, and44 (2) The options for the administration of the county's secondary 45 highways are as follows: 46 (a) To establish a countywide highway system for the administration of 47 the secondary highway system of the entire county, exclusive of those 48 highways and streets within cities, with functioning street departments, 49 by county commissioners; 50 (b) To establish a single countywide highway district for the administra- 51 tion of the secondary highway system of the entire county, exclusive of 6 1 those highways and streets within cities with functioning street depart- 2 ments, independent of the administration of the county commissioners; and 3 (c) For the division of the county into not more than four (4) highway 4 districts for the administration of the secondary highways of the county, 5 exclusive of those highways and streets within cities, with functioning 6 street departments, independent of the county commissioners. 7 (3) The highway study commission will, at least ninety (90) days prior to 8 the election, select one (1) of those options for submission to the 9 electorate at the election. The question to be submitted to the electorate 10 shall be substantially as follows: 11 For the purpose of administering the secondary highway system of .... 12 County, shall the county ............................................... ? 13 Yes .... 14 No .... 15 (24 ) If a majority of the voters casting votes 16on the questionin each of the highway districts and the 17 area served by the county road department, where applicable, approve 18 thequestionproposal submitted, the commissioners 19 shall implement the option selected as provided by this chapter.If a20county-wide district is selected, the governor shall appoint the original21highway district commissioners.22 (35 ) If the proposal is defeated by the 23 voters casting votes in each of the highway districts and the area served by 24 the county road department, where applicable , the county shall retain 25 its current system for the administration of its secondary high- 26 ways. 27 SECTION 11. That Chapter 17, Title 40, Idaho Code, be, and the same is 28 hereby amended by the addition thereto of a NEW SECTION , to be 29 known and designated as Section 40-1714, Idaho Code, and to read as follows: 30 40-1714. EXPENSES OF ELECTION -- PRORATION TO SYSTEMS -- APPEALS. In all 31 counties where elections are held under the provisions of this chapter, com- 32 missioners shall pay expenses of the elections from the general fund of the 33 county. The expense shall be prorated by the commissioners according to the 34 mileage and market value for assessment purposes of the highway districts and 35 the county, excluding area served by highway districts, and upon certification 36 of this pro rata share by the commissioners, that share shall be paid to the 37 county. Any appeals shall follow the appeals procedure set forth in section 38 40-1706, Idaho Code, for appeals from readjustment of district borders.
STATEMENT OF PURPOSE
RS07939C1
This legislation amends the procedure for the administration
of the secondary highways. If the voters within a secondary
highway system, such as a county road department or a highway
district, petition the commissioners for a change in the
administration of the secondary highway system, the procedure
as outlined in this legislation is used. A study committee is
formed to analyze the three options as outlined. Once the
committee has agreed to one of the options of organization,
the option is then ready for the voters to approve
FISCAL NOTE
None to the General Fund
CONTACT: Ray Oliver 345-5176
Stuart O. Davis 345-5176
STATEMENT OF PURPOSE/ FISCAL
NOTE
S1478