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H0332...............................................by REVENUE AND TAXATION
HIGHWAY MAINTENANCE SUBDISTRICTS - Adds to existing law to provide for the
formation of a highway maintenance subdistrict for the construction,
improvement, maintenance, snow removal or repair of public highways or
highways on a county road system which are within the subdistrict or which
provide access to it; to provide for a petition; to provide for a hearing
on the petition; to provide for an order creating a subdistrict and a
highway maintenance fund; to provide for the appointment and duties of a
highway maintenance board; to authorize a levy; and to provide for uses of
a highway maintenance fund.
02/27 House intro - 1st rdg - to printing
02/28 Rpt prt - to Transp
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/08 3rd rdg - FAILED - 29-39-2
AYES -- Bedke, Bieter, Boe, Chase, Crow, Cuddy, Denney, Eskridge,
Field(20), Gould, Harwood, Henbest, Jaquet, Jones, Kellogg, Langford,
Marley, McKague, Meyer, Montgomery, Moyle, Pischner, Raybould,
Ridinger, Robison, Shepherd, Smylie, Stone, Wood
NAYS -- Barraclough(Barraclough), Barrett, Bell, Black, Bolz,
Bruneel, Callister, Campbell, Clark, Collins, Deal, Ellis, Ellsworth,
Field(13), Gagner, Hadley, Hammond, Hornbeck, Kendell, Kunz, Lake,
Loertscher, Mader, Mortensen, Moss, Pearce, Pomeroy, Roberts, Sali,
Schaefer, Sellman, Smith, Stevenson, Swan(Hansen), Tilman, Trail,
Wheeler, Young, Mr. Speaker
Absent and excused -- Bradford, Higgins
Floor Sponsors -- Cuddy & Eskridge
Filed w/ Office of the Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 332
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO COUNTY COMMISSIONERS AND HIGHWAY DISTRICTS; AMENDING CHAPTER 6,
3 TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 40-601A, IDAHO
4 CODE, TO PROVIDE FOR THE FORMATION OF A HIGHWAY MAINTENANCE SUBDISTRICT
5 FOR THE CONSTRUCTION, IMPROVEMENT, MAINTENANCE, SNOW REMOVAL OR REPAIR OF
6 PUBLIC HIGHWAYS OR HIGHWAYS ON A COUNTY ROAD SYSTEM WHICH ARE WITHIN THE
7 SUBDISTRICT OR WHICH PROVIDE ACCESS TO IT, TO PROVIDE FOR A PETITION, TO
8 PROVIDE FOR A HEARING ON THE PETITION, TO PROVIDE FOR AN ORDER CREATING A
9 SUBDISTRICT AND A HIGHWAY MAINTENANCE FUND, TO PROVIDE FOR THE APPOINT-
10 MENT AND DUTIES OF A HIGHWAY MAINTENANCE BOARD AND TO AUTHORIZE A LEVY AND
11 PROVIDE FOR USES OF A HIGHWAY MAINTENANCE FUND.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Chapter 6, Title 40, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 40-601A, Idaho Code, and to read as follows:
16 40-601A. FORMATION OF HIGHWAY MAINTENANCE SUBDISTRICT -- PETITION --
17 HEARING -- ORDER -- HIGHWAY MAINTENANCE BOARD -- LEVY AND FUND. (1) The
18 county commissioners of any county, upon receipt of a petition describing a
19 portion of contiguous territory located wholly within the county, may consider
20 the formation of a subdistrict for the construction, improvement, maintenance,
21 snow removal or repair of public highways or highways on the county road sys-
22 tem which are within such subdistrict or which provide access to it, to be
23 recognized as a legal taxing subdistrict of the county and a highway mainte-
24 nance district for the purpose of maintaining highways. All payments made pur-
25 suant to a levy of the subdistrict shall be applied to the benefit of the
26 highways within the subdistrict or which provide access to it, as set forth in
27 the petition and order.
28 (2) The board of county commissioners may create, modify or eliminate
29 highway maintenance subdistricts upon receipt of a petition signed by not less
30 than fifty percent (50%) of the real property owners of the subdistrict who
31 are qualified to vote in an Idaho general election, and who are actual resi-
32 dents of the subdistrict or who are actual residents of Idaho owning land
33 within the boundaries of the subdistrict. Provided however, that no single
34 tract or parcel of real property containing forty (40) acres or more may be
35 included in any subdistrict organized under this section without the consent
36 of the owner or owners thereof. Upon the filing of the petition, the county
37 clerk shall examine the petition and upon verifying with the county assessment
38 rolls in the county or other evidence of entitlement, certify whether the
39 required number of petitioners have signed the petition. If the number of
40 petition signers is sufficient, the clerk shall transmit the petition to the
41 board of county commissioners.
42 (3) The petition shall set forth:
43 (a) The name of the proposed subdistrict;
2
1 (b) A general description of the boundaries of the subdistrict with such
2 certainty as to enable a property owner to determine whether or not his
3 property is within the subdistrict;
4 (c) A general description of the construction, improvement, maintenance,
5 snow removal or repair required or desired;
6 (d) The estimated cost of the proposed work to be done on an annual
7 basis, which may be determined and indicated separately for construction,
8 improvement, maintenance, snow removal and repair;
9 (e) The anticipated administrative cost, if any, and the annual review
10 process;
11 (f) The estimated revenues to be raised for each category of work and how
12 they will be allocated among the real property receiving benefit from such
13 expenditures in proportion to the benefits derived by each;
14 (g) The name of all public highways or county highways within the subdis-
15 trict, or which provide access to the subdistrict wherein all payment made
16 pursuant to a levy shall be applied;
17 (h) The specific use of funds as to if they will supplement funds cur-
18 rently being collected where additional services are requested, or if they
19 will be used to provide services requested where there are currently no
20 funds being collected through a county taxing entity;
21 (i) The time frame to reevaluate, modify or eliminate the highway mainte-
22 nance subdistrict;
23 (j) The form of hearing notice to be used which may include a variation
24 to the procedures stipulated herein;
25 (k) A list of candidates to be appointed as advisory board members; and
26 (l) Any other information that petitioners may deem necessary or appro-
27 priate or beneficial to the functions or operations of the highway mainte-
28 nance subdistrict.
29 (4) The petition shall be open to public inspection during regular busi-
30 ness hours at the office of the clerk of the board of county commissioners
31 between the date of said filing and the date set for the final hearing
32 thereon.
33 (5) Upon receipt of a duly certified petition, the board of county com-
34 missioners shall set a date not later than thirty (30) days after filing of
35 the petition, for hearing said petition. Notice of the hearing shall be given
36 by posting notices thereof in three (3) conspicuous places in the proposed
37 highway maintenance subdistrict, and by publication for two (2) weeks previous
38 to said hearing in a newspaper published or circulated in the county wherein
39 the highway maintenance subdistrict is proposed. If so stated in the petition
40 and deemed to be in the best interest by the county commissioners, the county
41 commissioners may also require a notice of said hearing to be served upon each
42 one, or a portion thereof, of persons owning real property in said proposed
43 subdistrict, which notice shall set forth the time and place of the hearing.
44 (6) At such hearing, if satisfied that it would be beneficial to create a
45 highway maintenance subdistrict, the county commissioners may make an order
46 creating a subdistrict within the county in accordance with the petition and
47 with such modifications as the commissioners may deem necessary.
48 (7) Such order shall specify:
49 (a) A certain time at which it shall take effect, which time shall be
50 determined by the county commissioners so as to conform to county budget
51 law; and said order shall continue in force according to the terms
52 thereof, until the same shall be vacated or modified by the board of com-
53 missioners. Such vacation or modification shall only be made upon petition
54 signed by not less than fifty percent (50%) of the real property owners of
55 the subdistrict who are qualified to vote in an Idaho general election and
3
1 who are actual residents of the subdistrict or who are actual residents of
2 Idaho owning land within the boundaries of the subdistrict; and
3 (b) All revenues raised pursuant to an authorized levy shall be deposited
4 to a fund which shall be created by the county commissioners to be desig-
5 nated the "highway maintenance" fund for the subdistrict as specified in
6 the petition, and such revenues shall be applied to the benefit of the
7 highways within the subdistrict or which provide access to it, as set
8 forth in the petition and in this order. Any fees collected pursuant to
9 this section shall be in addition to and not in lieu of any other fees,
10 levies, charges or assessments otherwise provided for or authorized by
11 other sections of law.
12 (8) Within thirty (30) days of making an order as provided in subsections
13 (6) and (7) of this section, the county commissioners shall appoint an advi-
14 sory board, known as the highway maintenance board, which shall consist of
15 five (5) members who shall be appointed from among those owning real property
16 in the subdistrict, three (3) of whom shall be from those qualified to sign
17 the petition. The highway maintenance board shall be advisory to the county
18 commissioners and to the county road supervisor and shall assist in the
19 affairs of the highway maintenance subdistrict. The board shall prepare a bud-
20 get to fund the operations of the subdistrict and such budget shall be submit-
21 ted to the county commissioners and county road supervisor. The budget prepa-
22 ration, hearings and approval shall be the same as required for any county
23 budget.
24 (9) The county commissioners may impose a levy annually upon all taxable
25 real property in the highway maintenance subdistrict, to be collected and paid
26 into the county treasury and apportioned to the fund as established by the
27 county commissioners pursuant to subsection (7)(b) of this section. Moneys in
28 the fund shall be used by the highway maintenance subdistrict for the benefit
29 of the highways within the subdistrict or highways which provide access to it,
30 and may be used to cover administrative costs as set forth in the petition and
31 order. Any assessment of fees made pursuant to this section shall be in addi-
32 tion to and not in lieu of any other fees, levies, charges or assessments
33 otherwise provided for or authorized by other sections of law. Moneys in the
34 fund may be paid only on order of the highway maintenance board, the county
35 road supervisor and the county commissioners.
STATEMENT OF PURPOSE
RS 11161
This legislation would allow property owners who maintain public
roads or desire a higher level of service on publicly maintained
roads to assess themselves for services which are greater than
the services rendered to all other property owners in the county.
Property owners with parcels containing 40 acres or more may have
the option of being included. A public hearing process is
required prior to any implementation. The formation of a highway
maintenance subdistrict would be subject to county commission
approval.
FISCAL IMPACT
No fiscal impact to state or county.
Contact
Name: Rep. Chuck Cuddy
Phone: 332—1130
Rep. George Eskridge
Kermit Kiebert
STATEMENT OF PURPOSE/FISCAL NOTE H 332