2001 Legislation
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SENATE BILL NO. 1152 – Cities, grant franchises, authority

SENATE BILL NO. 1152

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                       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