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S1107aa...................................................by TRANSPORTATION
HIGHWAY DISTRICT COMMISSIONERS - Amends existing law to provide for
alternative elections and terms of office for highway district
commissioners.
02/09 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
03/21 Rpt out - to 14th Ord
03/22 Rpt out amen - to engros
03/23 Rpt engros - 1st rdg - to 2nd rdg as amen
03/26 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Thorne
Title apvd - to House
03/28 House intro - 1st rdg - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1107
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAY COMMISSIONERS; AMENDING SECTION 40-1305, IDAHO CODE, TO
3 PROVIDE FOR ALTERNATIVE ELECTIONS AND TERMS OF OFFICE FOR HIGHWAY DISTRICT
4 COMMISSIONERS AND TO PROVIDE THAT HIGHWAY COMMISSIONERS MAY BE ELECTED BY
5 SUBDISTRICT UNDER CERTAIN CONDITIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 40-1305, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 40-1305. ELECTION OF HIGHWAY COMMISSIONERS -- TERM OF OFFICE. (1) On the
10 first Tuesday of August of the next odd-numbered year following the appoint-
11 ment of the first highway district commissioners, commissioners from subdis-
12 tricts one and two shall be elected for a term of two (2) years. Thereafter
13 the term of office of all commissioners shall be four (4) years. Highway dis-
14 trict commissioners elected prior to January 1, 1994, for a term to expire on
15 January 1, 1996, shall continue in office until October 1, 1995. Highway dis-
16 trict commissioners elected prior to January 1, 1994, for a term to expire on
17 January 1, 1998, shall continue in office until October 1, 1997. Elections for
18 commissioners of each of the subdistricts shall continue on the schedule pre-
19 viously established.
20 (2) Alternative election of highway commissioners -- Term of office.
21 (a) Notwithstanding subsection (1) of this section, highway district com-
22 missioners may, upon the unanimous agreement of the existing board of
23 highway district commissioners, adopt an alternative term of office,
24 whereby a single highway district commissioner shall be elected each year
25 for three (3) years and in the fourth year no election shall be held.
26 (b) An election pursuant to paragraph (a) of this subsection shall be
27 conducted in the following manner:
28 (i) The commissioner representing subdistrict one shall be elected
29 for a term of four (4) years upon the expiration of the existing
30 term;
31 (ii) The commissioner representing subdistrict two shall be elected
32 for a term of five (5) years upon the expiration of the existing
33 term; and
34 (iii) Each year thereafter, one (1) commissioner shall be elected,
35 except for the fourth year when no election shall be held.
36 (c) If an alternative election is held pursuant to this subsection, the
37 highway district shall not revert to the former manner of elections and
38 terms of office until eight (8) years after such election.
39 (3) (a) Except as provided in paragraph (b) of this subsection, eEach
40 highway commissioner shall be elected on a district wide basis.
41 (b) Each highway commissioner may be elected on a subdistrict basis upon
42 the unanimous agreement of the highway district commissioners or upon a
43 petition, signed by the greater of five percent (5%) of the qualified
2
1 voters or twenty-five (25) persons within each highway district and the
2 area served by the county road department, where applicable, and filed
3 with the county clerk. The commissioners shall form a local highway study
4 commission, as set forth in section 40-1712, Idaho Code, prior to submit-
5 ting the matter to the vote of the entire county at the next general elec-
6 tion, provided that the next general election is at least one hundred
7 eighty (180) days from the unanimous agreement of the commissioners or the
8 filing of the petitions, whichever is later. If a highway commissioner is
9 elected pursuant to this subsection, the highway district shall not revert
10 to the former manner of elections until eight (8) years after such elec-
11 tion.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Thorne
Seconded by Frasure
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1107
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, delete line 39, and insert: "Each"; delete
3 lines 41 through 43; and on page 2, delete lines 1 through 11.
4 CORRECTIONS TO TITLE
5 On page 1, delete lines 4 and 5, and insert: "COMMISSIONERS.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1107, As Amended
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAY COMMISSIONERS; AMENDING SECTION 40-1305, IDAHO CODE, TO
3 PROVIDE FOR ALTERNATIVE ELECTIONS AND TERMS OF OFFICE FOR HIGHWAY DISTRICT
4 COMMISSIONERS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 40-1305, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 40-1305. ELECTION OF HIGHWAY COMMISSIONERS -- TERM OF OFFICE. (1) On the
9 first Tuesday of August of the next odd-numbered year following the appoint-
10 ment of the first highway district commissioners, commissioners from subdis-
11 tricts one and two shall be elected for a term of two (2) years. Thereafter
12 the term of office of all commissioners shall be four (4) years. Highway dis-
13 trict commissioners elected prior to January 1, 1994, for a term to expire on
14 January 1, 1996, shall continue in office until October 1, 1995. Highway dis-
15 trict commissioners elected prior to January 1, 1994, for a term to expire on
16 January 1, 1998, shall continue in office until October 1, 1997. Elections for
17 commissioners of each of the subdistricts shall continue on the schedule pre-
18 viously established.
19 (2) Alternative election of highway commissioners -- Term of office.
20 (a) Notwithstanding subsection (1) of this section, highway district com-
21 missioners may, upon the unanimous agreement of the existing board of
22 highway district commissioners, adopt an alternative term of office,
23 whereby a single highway district commissioner shall be elected each year
24 for three (3) years and in the fourth year no election shall be held.
25 (b) An election pursuant to paragraph (a) of this subsection shall be
26 conducted in the following manner:
27 (i) The commissioner representing subdistrict one shall be elected
28 for a term of four (4) years upon the expiration of the existing
29 term;
30 (ii) The commissioner representing subdistrict two shall be elected
31 for a term of five (5) years upon the expiration of the existing
32 term; and
33 (iii) Each year thereafter, one (1) commissioner shall be elected,
34 except for the fourth year when no election shall be held.
35 (c) If an alternative election is held pursuant to this subsection, the
36 highway district shall not revert to the former manner of elections and
37 terms of office until eight (8) years after such election.
38 Each highway commissioner shall be elected on a district wide basis.
STATEMENT OF PURPOSE
RS 10889
This legislation amends Idaho Code section 40-1305, Title 40,
to provide for, upon unanimous agreement of the highway
district commissioners, or upon petition of the highway
district commissioners, the adoption of an election cycle
where one Commissioner is elected every three years, with
none being elected on the fourth year of the cycle. This
legislation also provides procedures for the adoption of
election by highway district subdistricts, rather than
district-wide.
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