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S1152aa....................................by LOCAL GOVERNMENT AND TAXATION
CITIES - FRANCHISES - Amends existing law to clarify the authority of
cities to grant exclusive or nonexclusive franchises.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Loc Gov
02/27 Rpt out - to 14th Ord
03/01 Rpt out amen - to engros
03/02 Rpt engros - 1st rdg - to 2nd rdg as amen
03/05 2nd rdg - to 3rd rdg as amen
03/06 Ret'd to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1152
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO POWERS OF CITIES; AMENDING SECTION 50-329, IDAHO CODE, TO CLARIFY
3 THE AUTHORITY OF CITIES TO GRANT EXCLUSIVE OR NONEXCLUSIVE FRANCHISES.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 50-329, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 50-329. FRANCHISE ORDINANCES -- REGULATIONS. All cities within the state
8 shall have authority to grant exclusive or nonexclusive franchises to any pub-
9 lic utility, cooperative association, private corporation or other municipal
10 corporation for the purpose of providing natural gas, water, sewer, solid
11 waste disposal, telecommunication or cable television services to the resi-
12 dents of the city. No ordinance granting a franchise in any city shall be
13 passed on the day of its introduction, nor for thirty (30) days thereafter,
14 nor until such ordinance shall have been published in at least one (1) issue
15 of the official newspaper of the city; and after such publication, such pro-
16 posed ordinance shall not thereafter and before its passage be amended in any
17 particular wherein the amendment shall impose terms, conditions or privileges
18 less favorable to the city than the proposed ordinance as published; but
19 amendments favorable to the city may be made at any time and after publica-
20 tion; provided that an ordinance granting a franchise to lay a spur, railroad
21 track or tracks connecting manufacturing plants, warehouses or other private
22 property with a main railroad line, need not be published before the same is
23 passed by the council. No franchise shall be created or granted by the city
24 council otherwise than by ordinance, and the passage of any such ordinance
25 shall require the affirmative vote of one-half (1/2) plus one (1) of the mem-
26 bers of the full council. Franchises created or granted by the city council
27 for electric, natural gas or water public utilities, as defined in chapter 1,
28 title 61, Idaho Code, or to cooperative electrical associations, as defined in
29 section 63-3501(a), Idaho Code, shall be for terms of not less than ten (10)
30 years and not greater than fifty (50) years unless otherwise agreed to by the
31 utility or cooperative electrical association. All publications of ordinances
32 granting a franchise, both before and after passage, shall be made at the
33 expense of the applicant or grantee. Where an ordinance granting a franchise
34 is sought to be amended after the same has been in force, the provisions of
35 this section as to publication, before final action upon such amendment, shall
36 apply as in cases of proposed ordinances granting original franchises.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Davis
Seconded by Thorne
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1152
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 10, following "sewer" delete ","
3 and insert: "or"; and in line 11, delete ", telecommunication or cable televi-
4 sion".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1152, As Amended
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO POWERS OF CITIES; AMENDING SECTION 50-329, IDAHO CODE, TO CLARIFY
3 THE AUTHORITY OF CITIES TO GRANT EXCLUSIVE OR NONEXCLUSIVE FRANCHISES.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 50-329, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 50-329. FRANCHISE ORDINANCES -- REGULATIONS. All cities within the state
8 shall have authority to grant exclusive or nonexclusive franchises to any pub-
9 lic utility, cooperative association, private corporation or other municipal
10 corporation for the purpose of providing natural gas, water, sewer or solid
11 waste disposal services to the residents of the city. No ordinance granting a
12 franchise in any city shall be passed on the day of its introduction, nor for
13 thirty (30) days thereafter, nor until such ordinance shall have been pub-
14 lished in at least one (1) issue of the official newspaper of the city; and
15 after such publication, such proposed ordinance shall not thereafter and
16 before its passage be amended in any particular wherein the amendment shall
17 impose terms, conditions or privileges less favorable to the city than the
18 proposed ordinance as published; but amendments favorable to the city may be
19 made at any time and after publication; provided that an ordinance granting a
20 franchise to lay a spur, railroad track or tracks connecting manufacturing
21 plants, warehouses or other private property with a main railroad line, need
22 not be published before the same is passed by the council. No franchise shall
23 be created or granted by the city council otherwise than by ordinance, and the
24 passage of any such ordinance shall require the affirmative vote of one-half
25 (1/2) plus one (1) of the members of the full council. Franchises created or
26 granted by the city council for electric, natural gas or water public utili-
27 ties, as defined in chapter 1, title 61, Idaho Code, or to cooperative elec-
28 trical associations, as defined in section 63-3501(a), Idaho Code, shall be
29 for terms of not less than ten (10) years and not greater than fifty (50)
30 years unless otherwise agreed to by the utility or cooperative electrical
31 association. All publications of ordinances granting a franchise, both before
32 and after passage, shall be made at the expense of the applicant or grantee.
33 Where an ordinance granting a franchise is sought to be amended after the same
34 has been in force, the provisions of this section as to publication, before
35 final action upon such amendment, shall apply as in cases of proposed ordi-
36 nances granting original franchises.
STATEMENT OF PURPOSE
RS 11054
The purpose of this bill is to reaffirm the authority of Idaho
cities to grant exclusive or non-exclusive franchises to publicly
and privately owned enterprises without incurring anti-trust
liability and/or treble damages under federal law. In order to be
immune from federal anti-trust sanctions, state law must clearly
articulate a policy to allow a local government entity to limit
or displace competition where necessary for the public health and
welfare.
FISCAL IMPACT
No fiscal impact is anticipated under this bill.
Contact
Name: Senator Bart M. Davis
Phone: (208) 332 1339
Name: Rep. Kent Higgins
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1152