2001 Legislation
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SENATE BILL NO. 1106 – Cntywide hwy dist/publish ordinance

SENATE BILL NO. 1106

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Daily Data Tracking History



S1106.....................................................by TRANSPORTATION
COUNTYWIDE HIGHWAY DISTRICTS - Adds to existing law to provide that a
summary of certain ordinances passed by the highway commissioners of a
countywide highway district may be published in lieu of publishing the
entire ordinance; to provide requirements; and to provide procedures.
                                                                        
02/09    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Transp
03/16    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 29-2-4
      AYES -- Andreason, Boatright, Branch, Brandt, Burtenshaw, Cameron,
      Danielson, Darrington, Deide, Frasure, Geddes, Goedde, Hawkins,
      Ingram, Ipsen, Keough, Lee, Lodge, Noh, Richardson, Risch, Sandy,
      Schroeder, Sims, Sorensen, Stegner, Wheeler, Whitworth, Williams,
      NAYS -- Davis, Stennett
      Absent and excused -- Bunderson, Dunklin, King-Barrutia, Thorne
    Floor Sponsor -- Deide
    Title apvd - to House
03/21    House intro - 1st rdg - to Transp
03/28    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 68-0-2
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Hansen, Harwood, Henbest(Farley),
      Higgins, Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stone, Tilman, Trail, Wheeler, Wood, Young(Young), Mr. Speaker
      NAYS -- None
      Absent and excused -- Crow, Jones
    Floor Sponsor -- McKague
    Title apvd - to Senate
03/29    To enrol
    Rpt enrol - Pres signed
03/30    Sp signed - to Governor
04/04    Governor signed
         Session Law Chapter 334
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1106
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO POWERS AND DUTIES  OF  HIGHWAY  DISTRICT  COMMISSIONERS;  AMENDING
  3        CHAPTER  14,  TITLE  40,  IDAHO  CODE,  BY  THE  ADDITION OF A NEW SECTION
  4        40-1406A, IDAHO CODE, TO PROVIDE THAT  A  SUMMARY  OF  CERTAIN  ORDINANCES
  5        PASSED  BY  THE HIGHWAY COMMISSIONERS OF A COUNTYWIDE HIGHWAY DISTRICT MAY
  6        BE PUBLISHED IN LIEU  OF  PUBLISHING  THE  ENTIRE  ORDINANCE,  TO  PROVIDE
  7        REQUIREMENTS AND TO PROVIDE PROCEDURES.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Chapter  14,  Title 40, Idaho Code, be, and the same is
 10    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 11    ignated as Section 40-1406A, Idaho Code, and to read as follows:
                                                                        
 12        40-1406A.  SUMMARIZATION  OF  ORDINANCES PERMITTED -- REQUIREMENTS. (1) In
 13    lieu of publishing the entire ordinance under section 40-1406, Idaho Code, the
 14    highway district may publish a summary of the ordinance, which  summary  shall
 15    be approved by the governing body and which shall include:
 16        (a)  The name of the highway district;
 17        (b)  The formal identification or citation number of the ordinance;
 18        (c)  A descriptive title;
 19        (d)  A  summary  of  the  principal provisions of the ordinance, including
 20        penalties provided and the effective date;
 21        (e)  Any other information necessary to provide an accurate summary; and
 22        (f)  A statement that the full text is available at the  highway  district
 23        office.
 24        (2)  Notwithstanding subsection (1) of this section, whenever any publica-
 25    tion is made under this section and the proposed or adopted ordinance contains
 26    legal descriptions or contains provisions regarding taxation or penalties con-
 27    cerning  real  property,  those  sections containing such information shall be
 28    published in full and shall not be summarized. In the case of a legal descrip-
 29    tion of real property, the notice shall also include  the  street  address  or
 30    addresses of the property described, if any. In the case of a description cov-
 31    ering one (1) or more street addresses, the street addresses of the corners of
 32    the  area described shall meet this requirement. Maps may be substituted for a
 33    written legal description of property provided such  maps  contain  sufficient
 34    detail to clearly define the area with which the ordinance is concerned.
 35        (3)  Before  submission  of a summary to a newspaper for publication under
 36    this section, the legal advisor of the highway district shall  sign  a  state-
 37    ment,  which  shall  be filed with the ordinance, that the summary is true and
 38    complete and provides adequate notice to the public.
 39        (4)  The full text of any ordinance which  is  summarized  by  publication
 40    under this section shall be promptly provided by the highway district clerk to
 41    any citizen on personal request.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                          RS 10893
                              
 This legislation amends Idaho Code section 1406, Title 40,
 to allow single countywide highway districts to publish a
 summary of an ordinance, rather than the entire text. This
 change would save the highway district advertising costs,
 especially on large ordinances.
 
 
 
 
 None to the General Fund.
                        FISCAL IMPACT
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
 Contact
 Name: Stuart 0. Davis; Executive Director, Idaho Association
 of Highway Districts, Inc.
 
 Phone: 859-9378
 
 STATEMENT OF PURPOSE/FISCAL NOTE                                                       S 110