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S1431.....................................................by TRANSPORTATION
HIGHWAY DISTRICTS - Amends existing law to provide that personal property,
no longer useful to a highway district and not exceeding five thousand
dollars, may be sold by the highway commissioners at a private sale or at
any regular board of highway district commissioner's meeting, without
advertisement.
02/16 Senate intro - 1st rdg - to printing
02/17 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 - 26-8-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Frasure, Geddes, Ingram, Ipsen,
Keough, King-Barrutia, Noh, Parry, Riggs, Risch, Sandy, Sorensen,
Stegner, Thorne, Walton/Branch, Wheeler, Williams
NAYS--Crow, Dunklin, Hawkins, Lee, Richardson, Schroeder, Stennett,
Whitworth
Absent and excused--McLaughlin
Floor Sponsor - Boatright
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
03/31 3rd rdg - PASSED - 65-1-4
AYES -- Alltus, 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(Jones), Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Sellman, Shepherd, Smith, Smylie, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Wood, Zimmermann
NAYS -- Schaefer
Absent and excused -- Barraclough, Loertscher, Stevenson, Mr Speaker
Floor Sponsor - Cuddy
Title apvd - to Senate
04/03 To enrol
04/04 Rpt enrol - Pres signed - Sp signed
04/05 To Governor
04/12 Governor signed
Session Law Chapter 258
Effective: 07/01/00
S1431
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1431
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO CORPORATE POWERS OF HIGHWAY DISTRICTS; AMENDING SECTION 40-1309,
3 IDAHO CODE, TO PROVIDE THAT PERSONAL PROPERTY, NO LONGER USEFUL TO A HIGH-
4 WAY DISTRICT, NOT EXCEEDING FIVE THOUSAND DOLLARS MAY BE SOLD BY THE HIGH-
5 WAY COMMISSIONERS AT A PRIVATE SALE OR AT ANY REGULAR BOARD OF HIGHWAY
6 DISTRICT COMMISSIONERS MEETING WITHOUT ADVERTISEMENT.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 40-1309, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 40-1309. CORPORATE POWERS OF HIGHWAY DISTRICTS. Each highway district has
11 power:
12 (1) To sue and be sued.
13 (2) To purchase and hold lands, make contracts, purchase and hold per-
14 sonal property as may be necessary or convenient for the purposes of this
15 chapter, and to sell and exchange any real or personal property other than
16 public lands which by the constitution and laws of the state are placed under
17 the jurisdiction of the state land board. Personal property, no longer useful
18 to the district, not exceeding one hundred five thousand dollars ($15,000) in
19 value may be sold by the highway commissioners at a private sale or at any
20 regular board meeting without advertisement. The highway district commission-
21 ers shall first adopt a resolution finding that all other personal or real
22 property to be sold or exchanged is no longer useful to the district; that a
23 public hearing is to be held, of which hearing notice shall be published in
24 accordance with the provisions of section 40-206, Idaho Code, and at which
25 hearing any person interested may appear and show cause that the sale or
26 exchange should not be made. The hearing and sale shall not be conducted at
27 the same regular meeting. Highway district commissioners and highway directors
28 must be personally disinterested, directly or indirectly, in the purchase of
29 property for the use of the highway district, or in the sale of any property
30 belonging to the highway district, or in any contract made by the highway dis-
31 trict or other person on behalf of the highway district unless otherwise
32 authorized by law.
33 (3) To levy and apply ad valorem taxes for purposes under its exclusive
34 jurisdiction as are authorized by law.
STATEMENT OF PURPOSE
RS 09959
This legislation updates Idaho Code section 1309, Title 40, by increasing the limit
of disposal of property no longer useful to the highway district. This legislation
allows Highway District Commissioners to dispose of highway district property
not to exceed $5000.00 at a regular highway district meeting. The current limit is
$100.00, which is very cumbersome when considering the type of property that is
no longer useful.
FISCAL IMPACT
None to the General Fund
Contact
Name: Stuart 0. Davis; Executive Director,
Idaho Association of Highway Districts, Inc.
Phone: 345-5176
STATEMENT OF PURPOSE/FISCAL IMPACT S 1431