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H0706aa,aaS................................................by STATE AFFAIRS RIGHTS-OF-WAY - MAPS - Amends existing law to extend the date from July 1, 2000, to July 1, 2005, by which county or highway district boards of commissioners shall have published in map form and made readily available the location of all public rights-of-way under their jurisdictions. 03/01 House intro - 1st rdg - to printing 03/02 Rpt prt - to Loc Gov 03/07 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/10 To Gen Ord 03/14 Rpt out amen - to engros 03/15 Rpt engros - 1st rdg - to 2nd rdg as amen 03/16 2nd rdg - to 3rd rdg as amen 03/20 3rd rdg as amen - PASSED - 69-0-1 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Ridinger Floor Sponsor - Wood Title apvd - to Senate 03/21 Senate intro - 1st rdg as amen - to Loc Gov 03/27 Rpt out - to 14th Ord Rpt out amen - 1st rdg - to 2nd rdg as amen 03/28 Rules susp - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Thorne Title apvd - to House 03/29 Held at House Desk
H0706|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 706, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE POWERS AND DUTIES OF BOARDS OF COUNTY OR HIGHWAY DISTRICT COM- 3 MISSIONERS; AMENDING SECTION 40-202, IDAHO CODE, TO EXTEND THE DATE FROM 4 JULY 1, 2000, TO JULY 1, 2005, BY WHICH COUNTY OR HIGHWAY DISTRICT BOARDS 5 OF COMMISSIONERS SHALL HAVE PUBLISHED IN MAP FORM AND MADE READILY AVAIL- 6 ABLE THE LOCATION OF ALL PUBLIC RIGHTS-OF-WAY UNDER THEIR JURISDICTIONS; 7 AMENDING SECTION 40-604, IDAHO CODE, TO EXTEND THE DATE FROM JULY 1, 2000, 8 TO JULY 1, 2005, BY WHICH COUNTY OR HIGHWAY DISTRICT BOARDS OF COMMISSION- 9 ERS SHALL HAVE PUBLISHED IN MAP FORM AND MADE READILY AVAILABLE THE LOCA- 10 TION OF ALL PUBLIC RIGHTS-OF-WAY UNDER THEIR JURISDICTIONS AND TO MAKE A 11 TECHNICAL CORRECTION; AMENDING SECTION 40-1310, IDAHO CODE, TO EXTEND THE 12 DATE FROM JULY 1, 2000, TO JULY 1, 2005, BY WHICH COUNTY OR HIGHWAY DIS- 13 TRICT BOARDS OF COMMISSIONERS SHALL HAVE PUBLISHED IN MAP FORM AND MADE 14 READILY AVAILABLE THE LOCATION OF ALL PUBLIC RIGHTS-OF-WAY UNDER THEIR 15 JURISDICTIONS; AND DECLARING AN EMERGENCY. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 40-202, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 40-202. DESIGNATION OF HIGHWAYS AND PUBLIC RIGHTS-OF-WAY. (1) The initial 20 selection of the county highway system and highway district system may be 21 accomplished in the following manner: 22 (a) The board of county or highway district commissioners shall cause a 23 map to be prepared showing each highway and public right-of-way in their 24 jurisdiction, and the commissioners shall cause notice to be given of 25 intention to adopt the map as the official map of that system, and shall 26 specify the time and place at which all interested persons may be heard. 27 (b) After the hearing, the commissioners shall adopt the map, with any 28 changes or revisions considered by them to be advisable in the public 29 interest, as the official map of the respective highway system. 30 (2) If a county or highway district acquires an interest in real property 31 for highway or public right-of-way purposes, the respective commissioners 32 shall: 33 (a) Cause any order or resolution enacted, and deed or other document 34 establishing an interest in the property for their highway system purposes 35 to be recorded in the county records; or 36 (b) Cause the official map of the county or highway district system to be 37 amended as affected by the acceptance of the highway or public right-of- 38 way. 39 Provided, however, a county with highway jurisdiction or highway district may 40 hold title to an interest in real property for public right-of-way purposes 41 without incurring an obligation to construct or maintain a highway within the 42 right-of-way until the county or highway district determines that the necessi- 43 ties of public travel justify opening a highway within the right-of-way. The 2 1 lack of an opening shall not constitute an abandonment, and mere use by the 2 public shall not constitute an opening of the public right-of-way. 3 (3) Highways laid out, recorded and opened as described in subsection (2) 4 of this section, by order of a board of commissioners, and all highways used 5 for a period of five (5) years, provided they shall have been worked and kept 6 up at the expense of the public, or located and recorded by order of a board 7 of commissioners, are highways. If a highway created in accordance with the 8 provisions of this subsection is not designated on the official map of the 9 respective highway system or is not opened as described in subsection (2) of 10 this section, there shall be no duty to maintain that highway, nor shall there 11 be any liability for any injury or damage for failure to maintain it or any 12 highway signs, until the highway is designated as a part of the county or 13 highway district system by inclusion on the official map as a highway and 14 opened to public travel as a highway. 15 (4) When a public right-of-way is created in accordance with the provi- 16 sions of subsection (2) of this section, or section 40-203 or 40-203A, Idaho 17 Code, there shall be no duty to maintain that public right-of-way, nor shall 18 there be any liability for any injury or damage for failure to maintain it or 19 any highway signs. 20 (5) Nothing in this section shall limit the power of any board of commis- 21 sioners to subsequently include or exclude any highway or public right-of-way 22 from the county or highway district system. 23 (6) By July 1, 20005, and every five (5) years thereafter, the board of 24 county or highway district commissioners shall have published in map form and 25 made readily available the location of all public rights-of-way under its 26 jurisdiction. Any board of county or highway district commissioners may be 27 granted an extension of time with approval of the legislature by adoption of a 28 concurrent resolution. 29 SECTION 2. That Section 40-604, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 40-604. DUTIES AND POWERS OF COMMISSIONERS. Commissioners shall: 32 (1) Exercise general supervision over all highways in the county highway 33 system, including their location, design, construction, reconstruction, repair 34 and maintenance, and develop general policies regarding highway matters. 35 (2) Cause to be surveyed, viewed, laid out, recorded, opened and worked, 36 any highways or public rights-of-way as are necessary for public convenience 37 under the provisions of sections 40-202 and 40-203A, Idaho Code. 38 (3) Cause to be recorded all highways and public rights-of-way within 39 their highway system. 40 (4) Have authority to abandon and vacate any highway or public right-of- 41 way within their highway system under the provisions of section 40-203, Idaho 42 Code. 43 (5) Designate county highways, or parts of them, as controlled-access 44 highways and regulate, restrict or prohibit access to those highways so as 45 best to serve the traffic for which the facility is intended. 46 (6) Have authority to make agreements with any incorporated city, other 47 county, a highway district, the state, or the United States, its agencies, 48 departments, bureaus, boards, or any government owned corporation for the con- 49 struction, reconstruction, or maintenance of the county's highway system by 50 those entities or for the construction, reconstruction, or maintenance of the 51 highway systems of those entities by the county's highway organization. The 52 county shall compensate or be compensated for the fair cost of the work except 53 as otherwise specifically provided in this title. 3 1 (7) Contract, purchase, or otherwise acquire the right-of-way over pri- 2 vate property for the use of county highways and for this purpose may insti- 3 tute proceedings under the code of civil procedure. 4 (8) Levy an ad valorem tax to be paid into the county highway fund and 5 cause the tax collected each year to be paid into that fund and kept by the 6 treasurer as a separate fund. When all of the territory of a county is 7 included in one (1) or more highway districts the commissioners shall not make 8 any levy for general highway purposes. 9 (9) Audit and draw warrants on the county highway fund required for pay- 10 ment for rights-of-way improvement. 11 (10) Rename any highway within the county, excepting those situated within 12 the territorial limits of incorporated cities, when the renaming will eradi- 13 cate confusion. 14 (l1) Cause guide posts properly inscribed to be erected and maintained on 15 designated highways. 16 (12) Exercise other powers as may be prescribed by law. 17 (143) By July 1, 20005, and every five (5) years thereafter, the commis- 18 sioners shall have published in map form and made readily available the loca- 19 tion of all public rights-of-way under their jurisdiction. The commissioners 20 of a district may be granted an extension of time with approval of the legis- 21 lature by adoption of a concurrent resolution. 22 SECTION 3. That Section 40-1310, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 40-1310. POWERS AND DUTIES OF HIGHWAY DISTRICT COMMISSIONERS. (1) The 25 commissioners of a highway district have exclusive general supervision and 26 jurisdiction over all highways and public rights-of-way within their highway 27 system, with full power to construct, maintain, repair, acquire, purchase and 28 improve all highways within their highway system, whether directly or by their 29 own agents and employees or by contract. Except as otherwise provided in this 30 chapter in respect to the highways within their highway system, a highway dis- 31 trict shall have all of the powers and duties that would by law be vested in 32 the commissioners of the county and in the district directors of highways if 33 the highway district had not been organized. Where any highway within the lim- 34 its of the highway district has been designated as a state highway, then the 35 board shall have exclusive supervision, jurisdiction and control over the des- 36 ignation, location, maintenance, repair and reconstruction of it. The highway 37 district shall have power to manage and conduct the business and affairs of 38 the district; establish and post speed and other regulatory signs; make and 39 execute all necessary contracts; have an office and employ and appoint agents, 40 attorneys, officers and employees as may be required, and prescribe their 41 duties and fix their compensation. Highway district commissioners and their 42 agents and employees have the right to enter upon any lands to make a survey, 43 and may locate the necessary works on the line of any highways on any land 44 which may be deemed best for the location. 45 (2) The highway district shall also have the right to acquire either by 46 purchase, or other legal means, all lands and other property necessary for the 47 construction, use, maintenance, repair and improvement of highways in their 48 system. The highway district may change the width or location, or straighten 49 lines of any highway in their system, and if in the constructing, laying out, 50 widening, changing, or straightening of any highways, it shall become neces- 51 sary to take private property, the district director of highways, with the 52 consent and on order of the highway district commissioners, shall cause a sur- 53 vey of the proposed highway to be made, together with an accurate description 4 1 of the lands required. He shall endeavor to agree with each owner of property 2 for the purchase of a right-of-way over the lands included within the descrip- 3 tion. If the director is able to agree with the owner of the lands, the high- 4 way district commissioners may purchase the land and pay for it out of the 5 funds of the highway district, and the lands purchased shall then be conveyed 6 to the highway district for the use and purpose of highways. 7 (3) Whenever the director of highways shall be unable to agree with any 8 person for the purchase of land, or that person shall be unknown or a nonresi- 9 dent of the county in which the highway district is situated, or a minor, or 10 an insane or incompetent person, the director shall have the right, subject to 11 the order of the highway district commissioners, to begin action in the name 12 of the highway district in the district court of the county in which the dis- 13 trict is situated, to condemn the land necessary for the right-of-way for the 14 highway, under the provisions of chapter 7, title 7, Idaho Code. An order of 15 the highway district commissioners entered upon its minutes that the land 16 sought to be condemned is necessary for a public highway and public use shall 17 be prima facie evidence of the fact. 18 (4) The highway district has the power to contract for and pay out any 19 special rewards and bounties as may appear expedient or useful in securing 20 proper highway construction and maintenance, and to accept, on behalf of the 21 district, aid or contributions in the construction or maintenance of any high- 22 way; to construct or repair, with the consent of the corporate authorities of 23 any city within the district, any highway within a city, upon the division of 24 the cost as may be agreed upon; or to join with the state or any body politic 25 or political subdivision, or with any person in the construction or repair of 26 any highway and to contract for an equitable division of the cost; and all 27 counties, cities, highway districts and other bodies politic and political 28 subdivisions are authorized to contract with any highway district acting 29 through its highway district commissioners in exercise of the powers granted. 30 (5) The highway district has the power to receive highway petitions and 31 lay out, alter, create and abandon and vacate public highways and public 32 rights-of-way within their respective districts under the provisions of sec- 33 tions 40-202, 40-203 and 40-203A, Idaho Code. Provided however, when a public 34 highway, public street and/or public right-of-way is part of a platted subdi- 35 vision which lies within an established county/city impact area or within one 36 (1) mile of a city if a county/city impact area has not been established, con- 37 sent of the city council of the affected city, when the city has a functioning 38 street department with jurisdiction over the city streets, shall be necessary 39 prior to the granting of acceptance or vacation of said public street or pub- 40 lic right-of-way by the highway district board of commissioners. 41 (6) The highway district is empowered to take conveyance or other assur- 42 ances, in the name of the highway district, for all property acquired by it 43 under the provisions of this chapter for the purposes of this title. The high- 44 way district may institute and maintain any and all actions and proceedings, 45 suits at law and in equity, necessary or proper in order to carry out the pro- 46 visions of this chapter, or to enforce, maintain, protect or preserve any and 47 all rights, privileges and immunities provided in this chapter. In all courts, 48 actions, suits or proceedings, the highway district may sue, appear and 49 defend, in person or by attorneys, and in the name of the highway district. 50 (7) The highway district is empowered to hold, use, acquire, sell, man- 51 age, occupy and possess property. The highway district may create highway sub- 52 districts, which must be carefully and distinctly defined and described. High- 53 way subdistricts may be revised or modified by the highway district commis- 54 sioners, as changes in conditions demand. 55 (8) The highway district board of commissioners shall have the exclusive 5 1 general supervisory authority over all public highways, public streets and 2 public rights-of-way under their jurisdiction, with full power to establish 3 design standards, establish use standards, pass resolutions and establish reg- 4 ulations in accordance with the provisions of title 49, Idaho Code, and con- 5 trol access to said public highways, public streets and public rights-of-way. 6 (9) By July 1, 20005, and every five (5) years thereafter, the highway 7 district board of commissioners shall have published in map form and made 8 readily available the location of all public rights-of-way under its jurisdic- 9 tion. Any highway district board of commissioners may be granted an extension 10 of time with the approval of the legislature by adoption of a concurrent reso- 11 lution. 12 SECTION 4. An emergency existing therefor, which emergency is hereby 13 declared to exist, this act shall be in full force and effect on and after its 14 passage and approval.
AH0706|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000Moved by Wood Seconded by Kellogg IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 706 1 AMENDMENTS TO THE BILL 2 On page 1, following line 7, insert: 3 "SECTION 1. That Section 40-202, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 40-202. DESIGNATION OF HIGHWAYS AND PUBLIC RIGHTS-OF-WAY. (1) The initial 6 selection of the county highway system and highway district system may be 7 accomplished in the following manner: 8 (a) The board of county or highway district commissioners shall cause a 9 map to be prepared showing each highway and public right-of-way in their 10 jurisdiction, and the commissioners shall cause notice to be given of 11 intention to adopt the map as the official map of that system, and shall 12 specify the time and place at which all interested persons may be heard. 13 (b) After the hearing, the commissioners shall adopt the map, with any 14 changes or revisions considered by them to be advisable in the public 15 interest, as the official map of the respective highway system. 16 (2) If a county or highway district acquires an interest in real property 17 for highway or public right-of-way purposes, the respective commissioners 18 shall: 19 (a) Cause any order or resolution enacted, and deed or other document 20 establishing an interest in the property for their highway system purposes 21 to be recorded in the county records; or 22 (b) Cause the official map of the county or highway district system to be 23 amended as affected by the acceptance of the highway or public right-of- 24 way. 25 Provided, however, a county with highway jurisdiction or highway district may 26 hold title to an interest in real property for public right-of-way purposes 27 without incurring an obligation to construct or maintain a highway within the 28 right-of-way until the county or highway district determines that the necessi- 29 ties of public travel justify opening a highway within the right-of-way. The 30 lack of an opening shall not constitute an abandonment, and mere use by the 31 public shall not constitute an opening of the public right-of-way. 32 (3) Highways laid out, recorded and opened as described in subsection (2) 33 of this section, by order of a board of commissioners, and all highways used 34 for a period of five (5) years, provided they shall have been worked and kept 35 up at the expense of the public, or located and recorded by order of a board 36 of commissioners, are highways. If a highway created in accordance with the 37 provisions of this subsection is not designated on the official map of the 38 respective highway system or is not opened as described in subsection (2) of 39 this section, there shall be no duty to maintain that highway, nor shall there 40 be any liability for any injury or damage for failure to maintain it or any 41 highway signs, until the highway is designated as a part of the county or 42 highway district system by inclusion on the official map as a highway and 43 opened to public travel as a highway. 2 1 (4) When a public right-of-way is created in accordance with the provi- 2 sions of subsection (2) of this section, or section 40-203 or 40-203A, Idaho 3 Code, there shall be no duty to maintain that public right-of-way, nor shall 4 there be any liability for any injury or damage for failure to maintain it or 5 any highway signs. 6 (5) Nothing in this section shall limit the power of any board of commis- 7 sioners to subsequently include or exclude any highway or public right-of-way 8 from the county or highway district system. 9 (6) By July 1, 20005, and every five (5) years thereafter, the board of 10 county or highway district commissioners shall have published in map form and 11 made readily available the location of all public rights-of-way under its 12 jurisdiction. Any board of county or highway district commissioners may be 13 granted an extension of time with approval of the legislature by adoption of a 14 concurrent resolution. 15 SECTION 2. That Section 40-604, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 40-604. DUTIES AND POWERS OF COMMISSIONERS. Commissioners shall: 18 (1) Exercise general supervision over all highways in the county highway 19 system, including their location, design, construction, reconstruction, repair 20 and maintenance, and develop general policies regarding highway matters. 21 (2) Cause to be surveyed, viewed, laid out, recorded, opened and worked, 22 any highways or public rights-of-way as are necessary for public convenience 23 under the provisions of sections 40-202 and 40-203A, Idaho Code. 24 (3) Cause to be recorded all highways and public rights-of-way within 25 their highway system. 26 (4) Have authority to abandon and vacate any highway or public right-of- 27 way within their highway system under the provisions of section 40-203, Idaho 28 Code. 29 (5) Designate county highways, or parts of them, as controlled-access 30 highways and regulate, restrict or prohibit access to those highways so as 31 best to serve the traffic for which the facility is intended. 32 (6) Have authority to make agreements with any incorporated city, other 33 county, a highway district, the state, or the United States, its agencies, 34 departments, bureaus, boards, or any government owned corporation for the con- 35 struction, reconstruction, or maintenance of the county's highway system by 36 those entities or for the construction, reconstruction, or maintenance of the 37 highway systems of those entities by the county's highway organization. The 38 county shall compensate or be compensated for the fair cost of the work except 39 as otherwise specifically provided in this title. 40 (7) Contract, purchase, or otherwise acquire the right-of-way over pri- 41 vate property for the use of county highways and for this purpose may insti- 42 tute proceedings under the code of civil procedure. 43 (8) Levy an ad valorem tax to be paid into the county highway fund and 44 cause the tax collected each year to be paid into that fund and kept by the 45 treasurer as a separate fund. When all of the territory of a county is 46 included in one (1) or more highway districts the commissioners shall not make 47 any levy for general highway purposes. 48 (9) Audit and draw warrants on the county highway fund required for pay- 49 ment for rights-of-way improvement. 50 (10) Rename any highway within the county, excepting those situated within 51 the territorial limits of incorporated cities, when the renaming will eradi- 52 cate confusion. 53 (l1) Cause guide posts properly inscribed to be erected and maintained on ||| 3 1 designated highways. 2 (12) Exercise other powers as may be prescribed by law. 3 (143) By July 1, 20005, and every five (5) years thereafter, the commis- 4 sioners shall have published in map form and made readily available the loca- 5 tion of all public rights-of-way under their jurisdiction. The commissioners 6 of a district may be granted an extension of time with approval of the legis- 7 lature by adoption of a concurrent resolution."; 8 and in line 8, delete "SECTION 1" and insert: "SECTION 3". 9 On page 3, following line 7, insert: 10 "SECTION 4. An emergency existing therefor, which emergency is hereby 11 declared to exist, this act shall be in full force and effect on and after its 12 passage and approval.". 13 CORRECTIONS TO TITLE 14 On page 1, in line 2, following "DUTIES OF" insert: "BOARDS OF COUNTY OR"; 15 and also in line 2, following "COMMISSIONERS;" insert: "AMENDING SECTION 16 40-202, IDAHO CODE, TO EXTEND THE DATE FROM JULY 1, 2000, TO JULY 1, 2005, BY 17 WHICH COUNTY OR HIGHWAY DISTRICT BOARDS OF COMMISSIONERS SHALL HAVE PUBLISHED 18 IN MAP FORM AND MADE READILY AVAILABLE THE LOCATION OF ALL PUBLIC RIGHTS-OF- 19 WAY UNDER THEIR JURISDICTIONS; AMENDING SECTION 40-604, IDAHO CODE, TO EXTEND 20 THE DATE FROM JULY 1, 2000, TO JULY 1, 2005, BY WHICH COUNTY OR HIGHWAY DIS- 21 TRICT BOARDS OF COMMISSIONERS SHALL HAVE PUBLISHED IN MAP FORM AND MADE 22 READILY AVAILABLE THE LOCATION OF ALL PUBLIC RIGHTS-OF-WAY UNDER THEIR JURIS- 23 DICTIONS AND TO MAKE A TECHNICAL CORRECTION;"; in line 4, following "WHICH" 24 insert: "COUNTY OR"; and in line 6, following "JURISDICTIONS" insert: "; AND 25 DECLARING AN EMERGENCY". Moved by Hawkins Seconded by Thorne IN THE SENATE SENATE AMENDMENTS TO H.B. NO. 706, As Amended 26 AMENDMENT TO SECTION 1 27 On page 2 of the engrossed bill, in line 23, delete "5" and insert: "2". 28 AMENDMENT TO SECTION 2 29 On page 3, in line 17, delete "5" and insert: "2". 30 AMENDMENT TO SECTION 3 31 On page 5, in line 6, delete "5" and insert: "2". 32 CORRECTIONS TO TITLE 33 On page 1, in line 4, delete "2005" and insert: "2002"; in line 8, delete 34 "2005" and insert: "2002"; and in line 12, delete "2005" and insert: "2002".
STATEMENT OF PURPOSE RS 10195 To extend the date from July 1, 2000 to July 1, 2005 by which Highway Districts and county Commissioners shall have published in map form all public rights-of-way within their jurisdictions. FISCAL IMPACT Fiscal impact: will be to the counties to complete work - no fiscal impact to the State. Contact Name: Representative JoAn Wood Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 706