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H0637..............................................by ENVIRONMENTAL AFFAIRS
FRANCHISES - COUNTIES - Amends existing law to clarify the authority of the
board of county commissioners and/or another unit of state government to
grant an exclusive or nonexclusive franchise.
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - to Env Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 637
BY ENVIRONMENTAL AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO POWERS OF COUNTIES AND OTHER UNITS OF STATE GOVERNMENT; AMENDING
3 SECTION 31-4403, IDAHO CODE, TO CLARIFY THE AUTHORITY OF THE BOARD OF
4 COUNTY COMMISSIONERS AND/OR ANOTHER UNIT OF STATE GOVERNMENT TO GRANT
5 EXCLUSIVE OR NONEXCLUSIVE FRANCHISES AND TO MAKE TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 31-4403, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 31-4403. OPERATION AND MAINTENANCE. It shall be the duty of the board of
10 county commissioners in each of the several counties to acquire sites or
11 facilities, and maintain and operate solid waste disposal systems. Such main-
12 tenance and operation may be performed through or by:
13 (1) Employees, facilities, equipment and supplies hired by or acquired by
14 the board of county commissioners;
15 (2) Contracts, franchises or otherwise, entered into by the board to have
16 the maintenance and operation performed by private persons;
17 (3) Contracts entered into by the board to have the maintenance and oper-
18 ation performed by another unit of government;
19 (4) Contracts, franchises or otherwise, granted pursuant to law by the
20 board, for all or any part or parts of the county;
21 (5) Any combination of subsections (1), (2), (3), and (4) of this sec-
22 tion;
23 (6) Notwithstanding any other provision of law to the contrary, in order
24 to provide for the public health, safety, and well-being, the board of county
25 commissioners and/or another unit of state government, may determine whether
26 solid waste disposal systems services are to be provided by means of a con-
27 tract, exclusive franchise or otherwise, provided for under subsection (2), or
28 any contract, exclusive franchise or otherwise, awarded under subsection (4),
29 with or without compulsory competitive bidding;
30 (7) Notwithstanding any other provision of law to the contrary, in order
31 to provide for the public health, safety and well-being, the board of county
32 commissioners and/or another unit of state government, shall have the author-
33 ity to grant exclusive or nonexclusive franchises for the purposes of provid-
34 ing solid waste disposal system services.
35 (8) The board of county commissioners before entering into such con-
36 tracts, franchises or otherwise may require such security for the performance
37 thereof as it deems appropriate or may waive such undertaking.
STATEMENT OF PURPOSE
RS 12080
This proposed legislation clarifies Section 31-4404, Idaho Code,
which authorizes the Board of Commissioners and/or another unit of
state government to grant exclusive franchises for the maintenance
and operation of solid waste disposal systems.
FISCAL IMPACT
There will be no fiscal impact to the general fund.
Contact
Name: Rep. Barraclough
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 637