2000 Legislation
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HOUSE BILL NO. 706, As Amended – Rights-of-way, maps req’d, when

HOUSE BILL NO. 706, As Amended

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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

Bill Text


 H0706
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN 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.

Amendment


 AH0706
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved 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 / Fiscal Impact


     
                           
                 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