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S1139aa,aa................................................by TRANSPORTATION
HIGHWAY DISTRICTS - COMMISSIONERS - Amends, adds to and repeals existing
law to revise the powers and duties of the board of commissioners of
highway districts (not countywide highway districts), regarding procedures
for disposal of property, operations, meetings, public records and
administration; and to provide city councils with city highway systems with
basically the same authority as boards of commissioners of highway
districts.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Transp
02/17 Rpt out - to 14th Ord
02/25 Rpt out amen - to engros
02/26 Rpt engros - 1st rdg - to 2nd rdg as amen
03/01 2nd rdg - to 3rd rdg as amen
03/04 3rd rdg as amen - to 14th Ord
03/08 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry, Twiggs
Floor Sponsor - Ingram
Title apvd - to House
03/12 House intro - 1st rdg as amen - to Transp
03/19 Rpt out - rec d/p - to 2nd rdg as amen
Rules susp - PASSED - 56-0-14
AYES -- Alltus, Barraclough, Bell, Bieter, Callister, Campbell,
Chase, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest,
Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell, Lake, Limbaugh,
Loertscher, Mader, Marley, McKague, Meyer(Duncan), Montgomery, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor,
Tippets, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Barrett, Black, Boe, Bruneel, Clark, Crow,
Kellogg, Kunz, Linford, Mortensen, Sellman, Tilman, Trail, Williams
Floor Sponsor - Kempton
Title apvd - to Senate
03/22 To enrol - rpt enrol - Pres signed - Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 332
Effective: 07/01/99
S1139|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1139, As Amended, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO HIGHWAY DISTRICTS; AMENDING SECTION 40-1301, IDAHO CODE, TO DELETE 3 REFERENCE TO GOOD ROAD DISTRICTS; AMENDING SECTION 40-1303, IDAHO CODE, TO 4 PROVIDE FOR THE FIRST HIGHWAY COMMISSIONERS OF A HIGHWAY DISTRICT TO BE 5 APPOINTED BY THE GOVERNOR AND TO PROVIDE DUTIES OF THE GOVERNOR IN MAKING 6 APPOINTMENTS WHERE THERE HAD BEEN A HIGHWAY DISTRICT IN EXISTENCE WITHIN 7 THE BOUNDARIES OF THE NEW DISTRICT; AMENDING SECTION 40-1304, IDAHO CODE, 8 TO PROVIDE FOR DIVIDING HIGHWAY DISTRICTS INTO SUBDISTRICTS BY THE COUNTY 9 COMMISSIONERS, TO PROVIDE THAT SUBDISTRICTS MAY BE REVISED OR MODIFIED BY 10 THE HIGHWAY DISTRICT COMMISSIONERS, TO PROVIDE CIRCUMSTANCES WHEN THE 11 CHAIRMAN OF A CERTAIN BOARD OF COUNTY COMMISSIONERS MAY BECOME THE MEMBER 12 OF A HIGHWAY DISTRICT BOARD WHEN THERE IS A VACANCY AND TO PROVIDE PROCE- 13 DURES WHEN TWO OR MORE VACANCIES ON A HIGHWAY DISTRICT BOARD EXIST; AMEND- 14 ING SECTION 40-1306, IDAHO CODE, TO REVISE PROCEDURES FOR HIGHWAY COMMIS- 15 SIONERS TO MEET AND ORGANIZE AND TO MAKE A TECHNICAL CORRECTION; AMENDING 16 CHAPTER 13, TITLE 40, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 17 40-1306A, 40-1306B AND 40-1306C, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE 18 THAT HIGHWAY DISTRICT MEETINGS SHALL BE OPEN TO THE PUBLIC, TO PROVIDE 19 NOTICE OF MEETINGS, TO PROVIDE PROCEDURES, TO PROVIDE FOR EXECUTIVE SES- 20 SIONS AND TO PROVIDE THAT HIGHWAY DISTRICT RECORDS ARE OPEN TO THE PUBLIC 21 EXCEPT AS PROVIDED BY LAW; AMENDING SECTION 40-1308, IDAHO CODE, TO PRO- 22 VIDE THAT EVERY HIGHWAY DISTRICT HAS THE POWER TO LEVY AND COLLECT TAXES 23 AS NECESSARY TO PAY FOR A COMPREHENSIVE INSURANCE PLAN, TO DEFRAY ALL 24 EXPENSES OF PROSECUTING AND DEFENDING ACTIONS AND TO PAY ANY JUDGMENTS AND 25 LIABILITIES INCURRED AGAINST IT; AMENDING SECTION 40-1309, IDAHO CODE, TO 26 REVISE PROCEDURES FOR DISPOSAL OF REAL AND PERSONAL PROPERTY; AMENDING 27 SECTION 40-1310, IDAHO CODE, TO PROVIDE JURISDICTION OVER PUBLIC RIGHTS- 28 OF-WAY WITHIN A HIGHWAY DISTRICT'S HIGHWAY SYSTEM, TO DELETE THE RESIDENCY 29 REQUIREMENT FOR THE PURCHASE OF RIGHTS-OF-WAY, TO PROVIDE FOR CREATION OF 30 SUBDISTRICTS AND TO PROVIDE FOR RESOLUTIONS; AMENDING SECTION 40-1311, 31 IDAHO CODE, TO REVISE THE JURISDICTION OF HIGHWAY DISTRICT COMMISSIONERS; 32 REPEALING SECTION 40-1318, IDAHO CODE; AMENDING SECTION 40-1319, IDAHO 33 CODE, TO DELETE A MAXIMUM TERM OF OFFICE FOR A DIRECTOR OF HIGHWAYS AND TO 34 DELETE THE REQUIREMENT FOR AN OATH OF OFFICE; AMENDING SECTION 40-1320, 35 IDAHO CODE, TO PROVIDE FOR A DEPUTY DIRECTOR OF HIGHWAYS APPOINTED BY THE 36 DIRECTOR, SUBJECT TO CONFIRMATION AND APPROVAL OF THE HIGHWAY COMMISSION- 37 ERS; REPEALING SECTION 40-1321, IDAHO CODE; AMENDING SECTION 40-1323, 38 IDAHO CODE, TO PROVIDE THAT THE CITY COUNCIL OF AN INCORPORATED CITY WITH 39 A CITY HIGHWAY SYSTEM SHALL HAVE THE POWERS AND DUTIES OF HIGHWAY DISTRICT 40 COMMISSIONERS; AMENDING SECTION 40-1333, IDAHO CODE, TO PROVIDE THAT CIT- 41 IES WITH CITY HIGHWAY SYSTEMS SHALL BE RESPONSIBLE FOR THE CONSTRUCTION, 42 RECONSTRUCTION AND MAINTENANCE OF HIGHWAYS IN THEIR RESPECTIVE CITY SYS- 43 TEMS WITH EXCEPTIONS; AND REPEALING SECTION 40-1334, IDAHO CODE. 44 Be It Enacted by the Legislature of the State of Idaho: 2 1 SECTION 1. That Section 40-1301, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 40-1301. DISTRICTS AS NOW ORGANIZED VALIDATED .-- GOOD4ROAD DISTRICTS REDESIGNATED.(1)All highway districts as 5 now organized and constituted are hereby validated and shall continue as pub- 6 lic corporations. 7(2) All good road districts as now organized and constituted are8hereby redesignated as highway districts, and shall conform to all procedures,9requirements, powers and duties as shall apply to highway districts, the same10as if they had been originally organized as highway districts. Good road dis-11trict commissioners shall continue in office as highway district commissioners12until the expiration of their term of office, following which there shall be13an election of highway district commissioners for a term of four (4) years.1415 SECTION 2. That Section 40-1303, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 40-1303. HIGHWAY COMMISSIONERS -- APPOINTMENT -- OATH. There shall be 18 three (3) highway commissioners in each district. The first highway commis- 19 sioners of the highway district organized under the provisions of 20 this chapter shall be appointed by the governor. It shall be the 21 duty of the governor, in the appointment of the original highway commission- 22 ers, where there had been in existence any highway district within the bound- 23 ary of the newly created highway district, to appoint whenever practicable, 24 existing highway commissioners as they shall qualify by residence in the sub- 25 districts of the newly created highway district as highway district commis- 26 sioners of the newly created highway district. County commissioners, city 27 mayors and city council members shall not be eligible to hold office as high- 28 way district commissioners. A copy of tThe certificate 29 of each appointment shall bemade in triplicate; one (1) certificate30shall befiled in the office of the county recorder ofthe31each county; one (1)in which the 32 highway district is located and with the clerk of thecommission-33ers; and one (1) with the assessor and tax collector of the county34 highway district . Every highway commissioner shall take and sub- 35 scribe the official oath, which oath shall be filed in the office of the high- 36 way district commissioners. 37 SECTION 3. That Section 40-1304, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 40-1304. DIVISION OF DISTRICTS INTO SUBDISTRICTS -- VACANCY IN OFFICE OF 40 HIGHWAY COMMISSIONER. At the meeting of the county commissioners 41 at which the highway district is declared organized, the commissioners shall 42 divide the highway district into three (3) subdistricts, as nearly equal in 43 population, area and mileage as practicable, to be known as highway commis- 44 sioners subdistricts one, two and three. Subdistricts may be revised or modi- 45 fied by the highway district commissioners as changes in condi- 46 tions demand. Not more than one (1) of the highway district commissioners 47 shall be an elector of the same highway subdistrict. The first highway dis- 48 trict commissioners appointed by the governor shall serve until the next high- 49 way district election, at which their successors shall be elected. The highway 50 commissioners shall take office on October 1 following their election. Any 3 1 vacancy occurring in the office of highway commissioner, other than by expira- 2 tion of the term of office, shall be filled by the highway district board and 3 be for the balance of the term of the person replaced. If the remaining high- 4 way district commissioners are unable to agree on a person to fill the vacancy 5 within ten (10) days after the vacancy occurs, the chairman of the 6 county commissioners of the county with the largest number of 7 electors inwhichthe highway districtis located8shall then become a member of the highway district board for the pur- 9 pose of filling the vacancy only. If a majority of the highway district board 10 so constituted shall be unable to agree upon a person to fill the vacancy 11 withinfiveten (510 ) 12 days, or if two (2) or more vacancies shall occur in the board of highway com- 13 missioners at one (1) time, a special election to fill the vacancy shall be 14 called and held in the same manner provided by law for the holding of elec- 15 tions for highway commissioners, except that the date of the election shall be 16 as soon as possible, and all duties imposed by law upon the highway district 17 board in connection with elections shall be performed by the county commis- 18 sioners. 19 When there are two (2) or more vacancies on the highway district 20 board at the same time, the chairman of the county commissioners along with 21 the additional county commissioners that the county commission chairman 22 appoints, and with the remaining highway district commissioner, if applicable, 23 shall constitute a temporary board of highway district commissioners. The tem- 24 porary board of highway district commissioners shall perform the duties 25 required by law of a highway district board of commissioners until the newly 26 elected highway commissioners take office. 27 SECTION 4. That Section 40-1306, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 40-1306. ORGANIZATION OF HIGHWAY COMMISSIONERS -- MEETINGS -- OFFICERS -- 30 OFFICIAL BONDS. (1) Immediately after qualifying and appointment and 31 after a highway district commissioner election and the newly elected commis- 32 sioners take office , the highway commissioners shall meet and organize, 33 shall elect a chairman from their number, and shall appoint a secretary and 34 treasurer who may also be from their number. The offices of secretary and 35 treasurer may be filled by the same person. Certified copies of all appoint- 36 ments, under the hand of each of the commissioners, shall be filed with the 37 clerk of each of thecounty commissioners38 counties in which the highway district is located and with the39tax collectorsecretary of thecounty40 highway district . 41 (2) As soon as practicable after organization, and when deemed expedient 42 or necessary, the highway commissioners shall designate a day, hour and place 43 at which regular meetings shall be held, which shall be within the district or 44 at the county seat of the county in which the district is located. Regular 45 meetings shall be held at least quarterly.Minutes of all meetings must46show what bills are submitted, considered, allowed or rejected. The district47secretary shall make a list of all bills presented, showing to whom payable,48for what service or material, when and where used, amount claimed, allowed or49disallowed. The list shall be signed by the chairman and attested by the sec-50retary. All special meetings must be ordered by the chairman or a majority of51the highway commissioners, the order must be entered on the record, and the52secretary must give each member not joining in the order five (5) days' notice53of any special meetings. The order must specify the business to be transacted4 1at the special meeting and none other than that specified shall be transacted.2Whenever all members of the board are present, however called, it shall be3deemed a legal meeting and any lawful business may be transacted. All meetings4of the highway commissioners shall be public, and a majority shall constitute5a quorum for the transaction of business.A majority of the highway 6 commissioners may exercise all of the powers of the board of highway district 7 commissioners.All records of the highway district shall be open to the8inspection of any elector during normal business hours.9 (3) The officers of the highway district shall take and file with the 10 district secretary an oath for the faithful performance of the duties of their 11 respective offices. The district treasurer shall on his appointment execute 12 and file with the district secretary an official bond in an amount as may be 13 fixed by the highway district commissioners, which shall not be less than 14fivefifty thousand dollars ($5 0 ,000), 15 and shall from time to time execute and file any further bonds as required of 16 the highway district commissioners in amounts fixed by them, which amounts 17 shall be at least sufficient to cover the anticipated amounts of money coming 18 into his hands , at any one (1) time, plus an additional twenty- 19 fiveper centpercent (25%). 20 SECTION 5. That Chapter 13, Title 40, Idaho Code, be, and the same is 21 hereby amended by the addition thereto of NEW SECTIONS , to be 22 known and designated as Sections 40-1306A, 40-1306B and 40-1306C, Idaho Code, 23 and to read as follows: 24 40-1306A. HIGHWAY DISTRICT MEETINGS -- DEFINITIONS -- OPEN TO THE PUBLIC 25 -- NOTICE OF MEETINGS. (1) Definitions used in this section and in sections 26 40-1306B and 40-1306C, Idaho Code: 27 (a) "Board of highway district commissioners" means a quorum of two (2) 28 or more highway commissioners, with the authority to make decisions on 29 behalf of the highway district regarding any matter. 30 (b) "Decision" means any determination, action, vote or final disposition 31 upon a motion, proposal, resolution, order, ordinance or measure on which 32 a vote of a board of highway commissioners is required, at any meeting at 33 which a quorum is present, but shall not include those ministerial or 34 administrative actions necessary to carry out a decision previously 35 adopted in a meeting held in compliance with this section. 36 (c) "Deliberation" means the receipt or exchange of information or opin- 37 ion relating to a decision, but shall not include informal or impromptu 38 discussions of a general nature which do not specifically relate to a mat- 39 ter then pending before the board of highway district commissioners for 40 decision. 41 (d) "Executive session" means any meeting or part of a meeting of the 42 board of highway commissioners which is closed to any person for delibera- 43 tion of certain matters. 44 (e) "Meeting" means the convening of the highway district board of com- 45 missioners to make a decision or to deliberate toward a decision on any 46 matter. 47 (i) "Regular meeting" means the convening of the board of highway 48 commissioners on the date designated by the highway district board of 49 commissioners or fixed by law, to conduct the business of the highway 50 district. 51 (ii) "Special meeting" means a convening of the board of highway 52 commissioners pursuant to a special call for the conduct of business 53 as specified in the call. 5 1 (2) All meetings of the highway district board of commissioners shall be 2 open to the public and all persons shall be permitted to attend any meeting 3 except as otherwise provided by this section. A majority of the commissioners 4 shall constitute a quorum for the transaction of business. No decision at a 5 meeting of the highway district board of commissioners shall be made by secret 6 ballot. A highway district shall not hold a meeting at any place where dis- 7 crimination on the basis of race, creed, color, sex, age or national origin is 8 practiced. 9 (a) Regular meetings. No less than a five (5) calendar day meeting notice 10 shall be given unless otherwise provided by statute. Provided however, 11 when a highway district holds meetings at regular intervals of at least 12 once per calendar month scheduled in advance over the course of the year, 13 the district may satisfy this meeting notice by giving meeting notices at 14 least once each year of its regular meeting schedule. A forty-eight (48) 15 hour agenda notice shall be required in advance of each regular meeting, 16 however, additional agenda items may be added after completion of the 17 agenda up to and including the hour of the meeting, provided that a good 18 faith effort is made to include in the notice all agenda items known at 19 the time to be probable items of discussion. The notice requirement for 20 meetings and agendas shall be satisfied by posting such notices and 21 agendas in a prominent place at the principal office of the highway dis- 22 trict, or if no such office exists, at the building where the meeting is 23 to be held. 24 (b) Special meetings. All special meetings must be ordered by the chair- 25 man or a majority of the highway commissioners. The order must be entered 26 on the record, and the secretary must give each member not joining in the 27 order twenty-four (24) hours' notice of any special meeting. The order 28 must specify the business to be transacted at the special meeting and none 29 other than that specified shall be transacted. No special meeting shall be 30 held without at least a twenty-four (24) hour meeting and agenda notice, 31 unless an emergency exists. An emergency is a situation involving injury 32 or damage to person or property, or immediate financial loss, or the like- 33 lihood of such injury, damage or loss, when the notice requirements of 34 this section would make such notice impracticable, or increase the likeli- 35 hood or severity of such injury, damage or loss, and the reasons for the 36 emergency are stated at the outset of the meeting. The notice required 37 under this section shall include at a minimum: the meeting date, time, 38 place and name of the highway district calling for the meeting. The secre- 39 tary or other designee of the highway district shall maintain a list of 40 the news media requesting notification of meetings and shall make a good 41 faith effort to provide advance notification to them of the time and place 42 of each meeting. 43 (3) Executive sessions. If an executive session only will be held, a 44 twenty-four (24) hour meeting and agenda notice shall be given according to 45 the notice provisions stated in subsection (2) of this section and shall 46 state the reason and the specific provision of law authorizing the executive 47 session. 48 (4) The highway district shall provide for the taking of written minutes 49 of all its meetings. Neither a full transcript nor a recording of the meeting 50 is required, except as otherwise provided by law. All minutes shall be 51 recorded in the official minute book as specified in section 40-1336(1), Idaho 52 Code, and shall be available to the public within a reasonable time after the 53 minutes have been approved by the board of highway commissioners, and shall 54 include at least the following information: 55 (a) All commissioners and officers of the highway district present; 6 1 (b) All motions, resolutions, orders or ordinances proposed and their 2 disposition; 3 (c) All bills presented, showing to whom payable, for what service and 4 material, amount, allowed and disallowed; 5 (d) The results of all votes, and upon the request of a member, the vote 6 of each member, by name; 7 (e) All other action taken by the board of highway district commissioners 8 requiring recordation as required in section 40-1336, Idaho Code; and 9 (f) Minutes of executive sessions may be limited to material the disclo- 10 sure of which is not inconsistent with the provisions of section 40-1306B, 11 Idaho Code, but shall contain sufficient detail to convey the general 12 tenor of the meeting. 13 40-1306B. EXECUTIVE SESSIONS -- WHEN AUTHORIZED. (1) Nothing contained in 14 this chapter shall be construed to prevent, upon a two-thirds (2/3) vote 15 recorded in the minutes of the meeting by individual vote, a highway district 16 from holding an executive session during any meeting, after the presiding 17 officer has identified the authorization under this act for the holding of 18 such executive session. An executive session may be held: 19 (a) To consider hiring an officer, employee, staff member or individual 20 agent. This paragraph does not apply to filling a vacancy in an elective 21 office; 22 (b) To consider the evaluation, dismissal or disciplining of, or to hear 23 complaints or charges brought against an officer, employee, staff member 24 or individual agent; 25 (c) To conduct deliberations concerning labor negotiations or to acquire 26 an interest in real property which is not owned by a public agency; 27 (d) To consider records that are exempt from disclosure as provided in 28 chapter 3, title 9, Idaho Code; 29 (e) To consider and advise its legal representatives in pending litiga- 30 tion or where there is a general public awareness of probable litigation. 31 (2) Labor negotiations may be conducted in executive session if either 32 side requests closed meetings. Notwithstanding the provisions of section 33 67-2343, Idaho Code, subsequent sessions of the negotiations may continue 34 without further public notice. 35 (3) No executive session may be held for the purpose of taking any final 36 action or making any final decision. 37 40-1306C. HIGHWAY DISTRICT RECORDS -- OPEN TO THE PUBLIC. All records of 38 the highway district are open to the public, except as provided by law. With 39 respect to highway district records, sections 9-337 through 9-349A, Idaho 40 Code, provide definitions, procedure for the right to examine, requests for 41 the examination, records exempt from disclosure, copy fees, separation of 42 exempt and nonexempt records, enforcement rights, court orders and penalties. 43 SECTION 6. That Section 40-1308, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 40-1308.RATIFICATION OF PRIOR CONTRACTS, OBLIGATIONS, LIABILITIES,46AND JUDGMENTS --POWER TO LEVY TAXES FORSETTLEMENT47 COMPREHENSIVE INSURANCE, PROSECUTING AND DEFENDING ACTIONS, JUDGMENTS AND LIA- 48 BILITIES .Contracts, obligations and liabilities of highway dis-49tricts entered into or incurred prior to July 1, 1985, are hereby ratified and50confirmed and every judgment in favor of the highway district is ratified and51confirmed as the right and property of the district, and eE 7 1 very highway district has the power to levy and collect taxes as neces- 2 sary to : 3 (1) Pay for a comprehensive insurance plan as provided in section 6-927, 4 Idaho Code; 5 (2) Ddefray all expenses of prosecuting and defending 6 actions ; and 7 (3)to pP ay any judgments and lia- 8 bilities incurred against it as provided in section 6-928, Idaho Code 9 . 10 SECTION 7. That Section 40-1309, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 40-1309. CORPORATE POWERS OF HIGHWAY DISTRICTS. Each highway district has 13 power: 14 (1) To sue and be sued. 15 (2) To purchase and hold lands, make contracts, purchase and hold per- 16 sonal property as may be necessary or convenient for the purposes of this 17 chapter, and to sell and exchange any real or personal property other than 18 public lands which by the constitution and laws of the state are placed under 19 the jurisdiction of the state land board. Personal property, no longer 20 useful to the district, not exceeding one hundred dollars ($100) in value may 21 be sold by the highway commissioners at a private sale or at any regular board 22 meeting without advertisement. The highway district commissioners shall 23 first adopt a resolution finding thattheall other per- 24 sonal or real property to be sold or exchanged is no longer useful to 25 the district; that a public hearing is to be held, of which hearing notice 26 shall be published in accordance with the provisions of section 40-206, Idaho 27 Code, and at which hearing any person interested may appear and show cause 28 that the sale or exchange should not be made. The hearing and sale shall 29 not be conducted at the same regular meeting. Highway district commissioners 30 and highway directors must be personally disinterested, directly or indi- 31 rectly, in the purchase of property for the use of the highway district, or in 32 the sale of any property belonging to the highway district, or in any contract 33 made by the highway district or other person on behalf of the highway district 34 unless otherwise authorized by law. 35 (3) To levy and apply ad valorem taxes for purposes under its exclusive 36 jurisdiction as are authorized by law. 37 SECTION 8. That Section 40-1310, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 40-1310. POWERS AND DUTIES OF HIGHWAY DISTRICT COMMISSIONERS. (1) The 40 commissioners of a highway district have, except as provided in section4140-1323, Idaho Code,exclusive general supervision and jurisdiction 42 over all highways and public rights-of-way within their highway 43 system, with full power to construct, maintain, repair and improve all high- 44 ways within their highway system, whether directly or by their own agents and 45 employees or by contract. Except as otherwise provided in this chapter in 46 respect to the highways within their highway system, a highway district shall 47 have all of the powers and duties that would by law be vested in the commis- 48 sioners of the county and in the district directors of highways if the highway 49 district had not been organized. Where any highway within the limits of the 50 highway district has been designated as a state highway, then the board shall 51 have exclusive supervision, jurisdiction and control over the designation, 8 1 location, maintenance, repair and reconstruction of it. The highway district 2 shall have power to manage and conduct the business and affairs of the dis- 3 trict; establish and post speed and other regulatory signs; make and execute 4 all necessary contracts; have an office and employ and appoint agents, attor- 5 neys, officers and employees as may be required, and prescribe their duties 6 and fix their compensation. Highway district commissioners and their agents 7 and employees have the right to enter upon any lands to make a survey, and may 8 locate the necessary works on the line of any highways on any land which may 9 be deemed best for the location. 10 (2) The highway district shall also have the right to acquire either by 11 purchase, or other legal means, all lands and other property necessary for the 12 construction, use, maintenance, repair and improvement of highways in their 13 system. The highway district may change the width or location, or straighten 14 lines of any highway in their system, and if in the constructing, laying out, 15 widening, changing, or straightening of any highways, it shall become neces- 16 sary to take private property, the district director of highways, with the 17 consent and on order of the highway district commissioners, shall cause a sur- 18 vey of the proposed highway to be made, together with an accurate description 19 of the lands required. He shall endeavor to agree with each owner of 20 property, resident of the county in which the district is situated,21for the purchase of a right-of-way over the lands included within the 22 description. If the director is able to agree with the owner of the lands, the 23 highway district commissioners may purchase the land and pay for it out of the 24 funds of the highway district, and the lands purchased shall then be conveyed 25 to the highway district for the use and purpose of highways. 26 (3) Whenever the director of highways shall be unable to agree with any 27 person for the purchase of land, or that person shall be unknown or a nonresi- 28 dent of the county in which the highway district is situated, or a minor, or 29 an insane or incompetent person, the director shall have the right, subject to 30 the order of the highway district commissioners, to begin action in the name 31 of the highway district in the district court of the county in which the dis- 32 trict is situated, to condemn the land necessary for the right-of-way for the 33 highway, under the provisions of chapter 7, title 7, Idaho Code. An order of 34 the highway district commissioners entered upon its minutes that the land 35 sought to be condemned is necessary for a public highway and public use shall 36 be prima facie evidence of the fact. 37 (4) The highway district has the power to contract for and pay out any 38 special rewards and bounties as may appear expedient or useful in securing 39 proper highway construction and maintenance, and to accept, on behalf of the 40 district, aid or contributions in the construction or maintenance of any high- 41 way; to construct or repair, with the consent of the corporate authorities of 42 any city within the district, any highway within a city, upon the division of 43 the cost as may be agreed upon; or to join with the state or any body politic 44 or political subdivision, or with any person in the construction or repair of 45 any highway and to contract for an equitable division of the cost; and all 46 counties, cities, highway districts and other bodies politic and political 47 subdivisions are authorized to contract with any highway district acting 48 through its highway district commissioners in exercise of the powers granted. 49 (5) The highway district has the power to receive highway petitions and 50 lay out, alter, create and abandon and vacate public highways and public 51 rights-of-way within their respective districts under the provisions of sec- 52 tions 40-202, 40-203 and 40-203A, Idaho Code. Provided however, when a public 53 highway, public street and/or public right-of-way is part of a platted subdi- 54 vision which lies within an established county/city impact area or within one 55 (1) mile of a city if a county/city impact area has not been established, con- 9 1 sent of the city council of the affected city, when the city has a functioning 2 street department with jurisdiction over the city streets, shall be necessary 3 prior to the granting of acceptance or vacation of said public street or pub- 4 lic right-of-way by the highway district board of commissioners. 5 (6) The highway district is empowered to take conveyance or other assur- 6 ances, in the name of the highway district, for all property acquired by it 7 under the provisions of this chapter for the purposes of this title. The high- 8 way district may institute and maintain any and all actions and proceedings, 9 suits at law and in equity, necessary or proper in order to carry out the pro- 10 visions of this chapter, or to enforce, maintain, protect or preserve any and 11 all rights, privileges and immunities provided in this chapter. In all courts, 12 actions, suits or proceedings, the highway district may sue, appear and 13 defend, in person or by attorneys, and in the name of the highway district. 14 (7) The highway district is empowered to hold, use, acquire, sell, man- 15 age, occupy and possess property. The highway district may create highway 16divisionssubdistricts , which must be carefully and 17 distinctly defined and described. Highwaydivisionssub- 18 districts may bealtered, changed, createdrevised 19 or modified by the highway district commissioners, asthe need20requireschanges in conditions demand . 21 (8) The highway district board of commissioners shall have the exclusive 22 general supervisory authority over all public highways, public streets and 23 public rights-of-way under their jurisdiction, with full power to establish 24 design standards, establish use standards, pass resolutions and 25 establish regulations in accordance with the provisions of title 49, Idaho 26 Code, and control access to said public highways, public streets and public 27 rights-of-way. 28 (9) By July 1, 2000, and every five (5) years thereafter, the highway 29 district board of commissioners shall have published in map form and made 30 readily available the location of all public rights-of-way under its jurisdic- 31 tion. Any highway district board of commissioners may be granted an extension 32 of time with the approval of the legislature by adoption of a concurrent reso- 33 lution. 34 SECTION 9. That Section 40-1311, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 40-1311. JURISDICTION OF HIGHWAY DISTRICT COMMISSIONERS. In respect to 37 all highways included within a highway district highway 38 system , the power and jurisdiction of the highway district shall be 39 inclusive ., except as provided in section 40-1323, Idaho40Code. If any main highway connecting different parts of the county or connect-41ing with territory outside of the state pass through the highway district,42then tT he highway district commissioners shall keep the 43 highway s in their system in proper repair,and44if they fail to do so, the commissioners may at any time, by giving ten (10)45days' written notice sent by registered mail to the highway district commis-46sioners, require that the highway running through the district, or connecting47the district with other territory, be repaired or put in proper condition,48which condition shall be specified in the notice by the commissioners. If the49highway districts do not diligently pursue the work with a reasonable and suf-50ficient effort within ten (10) days, the commissioners of any county in which51the highway district lies, may enter upon the main highway and repair and put52it in the condition required. The commissioners in doing the work shall keep53strict and accurate account of the expenses incurred, and when the work is10 1completed the amount shall be certified to the county treasurer who shall2charge the same against the highway district and deduct the sum from any funds3coming into his hands belonging to the highway district and reimburse the4countywithin the limits of the funds available to the highway 5 district . 6 SECTION 10. That Section 40-1318, Idaho Code, be, and the same is hereby 7 repealed. 8 SECTION 11. That Section 40-1319, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 40-1319. DIRECTOR OF HIGHWAYS -- APPOINTMENT -- QUALIFICATIONS -- OATH. 11 As soon as possible after the organization of a highway district, the highway 12 district commissioners may appoint a director of highways. If a director of 13 highways is not appointed his duties shall devolve upon the highway district 14 commissioners. The director shall be skilled and experienced in the building, 15 maintenance and repairing of highways and bridges. The term of office of the 16 director,not exceeding four (4) years,and his compensation, 17 shall be fixed by the highway district commissioners.Upon appointment,18he shall file with the highway district commissioners an oath of office sub-19stantially as provided for county officers.20 SECTION 12. That Section 40-1320, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 40-1320. DIRECTORS OF HIGHWAYS -- DEPUTY DIRECTORS -- APPOINTMENT 23 -- DUTIES. The director may appoint, subject to confirmation and 24 approval of the highway commissioners, one (1) deputy director for each sub- 25 district and as many additional deputy directors as the highway commissioners 26 may determine to be advisable. It is the duty of the director of high- 27 ways to give to any deputy directors specific instructions as to the highway 28 work to be done, and shall ascertain if highway contractors in the district 29 are complying or have complied with their contracts. The director shall 30 require any deputy directors to keep and maintain all the highways in their 31divisionscharge in good repair, and shall, subject 32 to the highway commissioners and as provided by law , exercise 33 full and complete control over all highways and deputy directors of the dis- 34 trict. The director shall submita monthly itemizedreport s 35 to the highway districtshowing the work done and expenditures36made by him, and any other reportwhenever required by the highway 37 commissioners, and at least four (4) times in each year, of the work38done, materials used and expense incurred in the several divisions of the dis-39trict, and an approximate estimate of the money needed for improvements upon40the highways. 41 SECTION 13. That Section 40-1321, Idaho Code, be, and the same is hereby 42 repealed. 43 SECTION 14. That Section 40-1323, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 40-1323. CITIES INCLUDED IN HIGHWAY DISTRICTS -- POWERS AND DUTIES OF 46 CITY COUNCIL. (1) If any highway district shall include within its boundaries 47 any incorporated city, or any portion of a city, the power of taxation on the 11 1 part of the highway district as to ad valorem taxes, and in general all power 2 of taxation or assessment, shall extend to and include the persons and prop- 3 erty within the territory of the included city. The residents of the included 4 territory shall be deemed for all purposes residents of the highway district, 5 and entitled to vote at highway district elections to the same extent as other 6 residents of the highway district. Nothing in this title shall be construed as 7 affecting or impairing any power of taxation or assessment for local city 8 highway purposes on the part of the authorities of the city of any included 9 territory. Each incorporated city, or portion of it, within a highway dis- 10 trict, shall constitute a separate division of the district. The city council 11 of each incorporated citywhich is included inwithin 12 the territory of a highway district, so far as relates to their city, 13 shall have the powers and duties as provided by this chapterupon the14commissioners of a highway district. When a city lies within a highway dis-15trict, the powers and duties of the council or director of highways shall be16and as provided inthis section, and the provisions17of section 40-1334, Idaho Code, shall not be applicablechapter 18 3, title 50, Idaho Code, in such case . 19 (2) All the provisions of this title as to voting, taxation, assessments 20 and bonding on the part of the highway district shall apply without change or 21 discrimination to the persons and taxable property within the included terri- 22 torial limits of a city. 23 SECTION 15. That Section 40-1333, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 40-1333. CITIES -- HIGHWAY RESPONSIBILITY. Cities , with city high- 26 way systems, shall be responsible for the construction, reconstruction 27 and maintenance of highways in their respective city systems , except as 28 provided in section 40-607, Idaho Code . Cities may make agreements with 29 a county, highway district or the state for their highway work, or a portion 30 of it, but they shall compensate the county, district or state fairly for any 31 work performed. 32 SECTION 16. That Section 40-1334, Idaho Code, be, and the same is hereby 33 repealed.
AS1139|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Ingram Seconded by Frasure IN THE SENATE SENATE AMENDMENTS TO S.B. NO. 1139 1 AMENDMENT TO SECTION 8 2 On page 9 of the printed bill, in line 9, delete " enact ordinances, 3 ". 4 AMENDMENTS TO SECTION 14 5 On page 10, delete lines 42 through 48 and insert: "of each incorporated 6 citywhich is included inwithin the territory of a 7 highway district, so far as relates to their city, shall have the powers and 8 duties as provided by this chapterupon the commissioners of a highway9district. When a city lies within a highway district, the powers and duties of10the council or director of highways shall beand as pro- 11 vided inthis section, and the provisions of section 40-1334, Idaho12Code, shall not be applicablechapter 3, title 50, Idaho Code, in 13 such case .". 14 CORRECTION TO TITLE 15 On page 1, in line 30, delete "ORDINANCES AND". Moved by Ingram Seconded by Risch IN THE SENATE SENATE AMENDMENTS TO S.B. NO. 1139, As Amended 16 AMENDMENT TO SECTION 4 17 On page 3 of the engrossed bill, in lines 50, 51 and 52, delete "A18majority of the highway commissioners may exercise all of the powers of the19board of highway district commissioners." and insert: "A majority of 20 the highway commissioners may exercise all of the powers of the board of high- 21 way district commissioners.". 22 AMENDMENTS TO SECTION 5 23 On page 4, in line 18, following "means" insert: "a quorum of"; on page 5, 24 in line 18, delete "five (5) days'" and insert: "twenty-four (24) hours'"; and 25 in line 53, following "board of" insert: "highway district". 26 AMENDMENTS TO SECTION 7 27 On page 7, in line 9, delete " two hundred fifty dollars ($250) 28 " and insert: " one hundred dollars ($100) "; and in line 17, 29 delete " may " and insert: " shall not ".
Statement of Purpose / Fiscal Impact :
Statement of Purpose
RS 08932
This legislation updates various provisions of the chapter in
Idaho code dealing with Highway District Commissioners. The
legislation places into code provisions for the appointment of
new commissioners, open meeting law requirements, disposal of
surplus highway district property, and other minor provisions.
This legislation strikes obsolete language, makes
clarifications, and brings up to date definitions
Fiscal Impact
There will be no impact on the General Fund.
Contact: Stuart O. Davis
Agency: Idaho Association of Highway Districts
Phone: 345-5176
Statement of Purpose/Fiscal Impact
RS 08932
S1139
: