2000 Legislation
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SENATE BILL NO. 1516 – Hwy dist, meetings, quorum


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S1516......................................by LOCAL GOVERNMENT AND TAXATION
HIGHWAY DISTRICTS - MEETINGS - Amends existing law to provide a quorum
requirement for the highway district commissioners to make decisions on
behalf of the highway district; and to provide a quorum requirement for
executive sessions.
02/21    Senate intro - 1st rdg - to printing
02/22    Rpt prt - to Transp
03/03    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 32-0-3
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson,
      Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
      Walton/Branch, Wheeler, Whitworth, Williams
      Absent and excused--Crow, McLaughlin, Parry
    Floor Sponsor - Ingram
    Title apvd - to House
03/10    House intro - 1st rdg - to Transp
03/17    Rpt out - rec d/p - to 2nd rdg
03/20    2nd rdg - to 3rd rdg
03/29    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, 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, Pearce,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Crow, Cuddy, Moyle, Mr Speaker
    Floor Sponsor - Pomeroy
    Title apvd - to Senate
03/30    To enrol - rpt enrol - Pres signed
03/31    Sp signed
04/03    To Governor
04/04    Governor signed
         Session Law Chapter 195
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1516
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 40-1306A, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
  9    -- NOTICE OF MEETINGS. (1) Definitions used in this section  and  in  sections
 10    40-1306B and 40-1306C, Idaho Code:
 11        (a)  "Board  of  highway district commissioners" means a quorum of two (2)
 12        or more highway commissioners, with the authority  to  make  decisions  on
 13        behalf  of the highway district regarding any matter in a highway district
 14        organized under the provisions of this chapter and three (3) or more high-
 15        way district commissioners in a highway district organized under the  pro-
 16        visions of section 40-1401, Idaho Code.
 17        (b)  "Decision" means any determination, action, vote or final disposition
 18        upon  a motion, proposal, resolution, order, ordinance or measure on which
 19        a vote of a board of highway commissioners is required, at any meeting  at
 20        which  a  quorum  is  present,  but shall not include those ministerial or
 21        administrative actions  necessary  to  carry  out  a  decision  previously
 22        adopted in a meeting held in compliance with this section.
 23        (c)  "Deliberation"  means the receipt or exchange of information or opin-
 24        ion relating to a decision, but shall not include  informal  or  impromptu
 25        discussions of a general nature which do not specifically relate to a mat-
 26        ter  then  pending  before the board of highway district commissioners for
 27        decision.
 28        (d)  "Executive session" means any meeting or part of  a  meeting  of  the
 29        board of highway commissioners which is closed to any person for delibera-
 30        tion of certain matters.
 31        (e)  "Meeting"  means  the convening of the highway district board of com-
 32        missioners to make a decision or to deliberate toward a  decision  on  any
 33        matter.
 34             (i)   "Regular  meeting"  means the convening of the board of highway
 35             commissioners on the date designated by the highway district board of
 36             commissioners or fixed by law, to conduct the business of the highway
 37             district.
 38             (ii)  "Special meeting" means a convening of  the  board  of  highway
 39             commissioners  pursuant to a special call for the conduct of business
 40             as specified in the call.
 41        (2)  All meetings of the highway district board of commissioners shall  be
 42    open  to  the  public and all persons shall be permitted to attend any meeting
 43    except as otherwise provided by this section. A majority of the  commissioners
  1    shall  constitute  a  quorum for the transaction of business. No decision at a
  2    meeting of the highway district board of commissioners shall be made by secret
  3    ballot. A highway district shall not hold a meeting at any  place  where  dis-
  4    crimination on the basis of race, creed, color, sex, age or national origin is
  5    practiced.
  6        (a)  Regular meetings. No less than a five (5) calendar day meeting notice
  7        shall  be  given  unless  otherwise provided by statute. Provided however,
  8        when a highway district holds meetings at regular intervals  of  at  least
  9        once per calendar month scheduled  in advance over the course of the year,
 10        the  district may satisfy this meeting notice by giving meeting notices at
 11        least once each year of its regular meeting schedule. A  forty-eight  (48)
 12        hour  agenda  notice shall be required in advance of each regular meeting,
 13        however, additional agenda items may be  added  after  completion  of  the
 14        agenda  up  to and including the hour of the meeting, provided that a good
 15        faith effort is made to include in the notice all agenda  items  known  at
 16        the  time  to  be probable items of discussion. The notice requirement for
 17        meetings and agendas shall  be  satisfied  by  posting  such  notices  and
 18        agendas  in  a prominent place at the principal office of the highway dis-
 19        trict, or if no such office exists, at the building where the  meeting  is
 20        to be held.
 21        (b)  Special  meetings. All special meetings must be ordered by the chair-
 22        man or a majority of the highway commissioners. The order must be  entered
 23        on  the record, and the secretary must give each member not joining in the
 24        order twenty-four (24) hours' notice of any  special  meeting.  The  order
 25        must specify the business to be transacted at the special meeting and none
 26        other than that specified shall be transacted. No special meeting shall be
 27        held  without  at least a twenty-four (24) hour meeting and agenda notice,
 28        unless an emergency exists. An emergency is a situation  involving  injury
 29        or damage to person or property, or immediate financial loss, or the like-
 30        lihood  of  such  injury,  damage or loss, when the notice requirements of
 31        this section would make such notice impracticable, or increase the likeli-
 32        hood or severity of such injury, damage or loss, and the reasons  for  the
 33        emergency  are  stated  at  the outset of the meeting. The notice required
 34        under this section shall include at a minimum:  the  meeting  date,  time,
 35        place and name of the highway district calling for the meeting. The secre-
 36        tary  or  other  designee of the highway district shall maintain a list of
 37        the news media requesting notification of meetings and shall make  a  good
 38        faith effort to provide advance notification to them of the time and place
 39        of each meeting.
 40        (3)  Executive  sessions.  If  an  executive  session only will be held, a
 41    twenty-four (24) hour meeting and agenda notice shall be  given  according  to
 42    the  notice   provisions  stated  in  subsection (2) of this section and shall
 43    state the reason and the specific provision of law authorizing  the  executive
 44    session.
 45        (4)  The  highway district shall provide for the taking of written minutes
 46    of all its meetings. Neither a full transcript nor a recording of the  meeting
 47    is  required,  except  as  otherwise  provided  by  law.  All minutes shall be
 48    recorded in the official minute book as specified in section 40-1336(1), Idaho
 49    Code, and shall be available to the public within a reasonable time after  the
 50    minutes  have  been  approved by the board of highway commissioners, and shall
 51    include at least the following information:
 52        (a)  All commissioners and officers of the highway district present;
 53        (b)  All motions, resolutions, orders or  ordinances  proposed  and  their
 54        disposition;
 55        (c)  All  bills  presented,  showing to whom payable, for what service and
  1        material, amount, allowed and disallowed;
  2        (d)  The results of all votes, and upon the request of a member, the  vote
  3        of each member, by name;
  4        (e)  All other action taken by the board of highway district commissioners
  5        requiring recordation as required in section 40-1336, Idaho Code; and
  6        (f)  Minutes  of executive sessions may be limited to material the disclo-
  7        sure of which is not inconsistent with the provisions of section 40-1306B,
  8        Idaho Code, but shall  contain sufficient detail  to  convey  the  general
  9        tenor of the meeting.
 10        SECTION  2.  That Section 40-1306B, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
 12        40-1306B.  EXECUTIVE SESSIONS -- WHEN AUTHORIZED. (1) Nothing contained in
 13    this chapter shall be construed to prevent, upon a two-thirds  (2/3)  vote  of
 14    two (2) or more highway district commissioners in a highway district organized
 15    under  the  provision  of  this chapter, or three (3) or more highway district
 16    commissioners in a district organized under the provisions of section 40-1401,
 17    Idaho Code, recorded in the minutes of the meeting by individual vote, a high-
 18    way district from holding an executive session during any meeting,  after  the
 19    presiding  officer  has  identified  the  authorization under this act for the
 20    holding of such executive session. An executive session may be held:
 21        (a)  To consider hiring an officer, employee, staff member  or  individual
 22        agent.  This  paragraph does not apply to filling a vacancy in an elective
 23        office;
 24        (b)  To consider the evaluation, dismissal or disciplining of, or to  hear
 25        complaints  or  charges brought against an officer, employee, staff member
 26        or individual agent;
 27        (c)  To conduct deliberations concerning labor negotiations or to  acquire
 28        an interest in real property which is not owned by a public agency;
 29        (d)  To  consider  records  that are exempt from disclosure as provided in
 30        chapter 3, title 9, Idaho Code;
 31        (e)  To consider and advise its legal representatives in  pending  litiga-
 32        tion or where there is a general public awareness of probable litigation.
 33        (2)  Labor  negotiations  may  be conducted in executive session if either
 34    side requests closed  meetings.  Notwithstanding  the  provisions  of  section
 35    67-2343,  Idaho  Code,  subsequent  sessions  of the negotiations may continue
 36    without further public notice.
 37        (3)  No executive session may be held for the purpose of taking any  final
 38    action or making any final decision.

Statement of Purpose / Fiscal Impact

                STATEMENT OF PURPOSE 
     This legislation amends Idaho Code section 1306 of Title 40.   This change in
     legislation is needed to address the expansion of the Ada County Highway
     District Board of Commissioners. In 1998, the Legislature increased this board
     from three (3) members to five (5) members. This necessitates the change in code
     to reflect that 3 or more commissioners may act as a quorum. 
                    FISCAL IMPACT
     None to the General Fund. 
     Name: Stuart 0. Davis; Executive Director, 
     Idaho Association of Highway Districts, Inc. 
     Phone: 345-5176 
                                                       STATEMENT OF PURPOSE/FISCAL IMPACT                S 1516