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H0398........................................................by WAYS AND MEANS
HIGHWAY DISTRICTS - Amends existing law to provide the authority to adopt
ordinances to highway districts in certain instances.
04/01 House intro - 1st rdg - to printing
04/02 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 398
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAY DISTRICTS; AMENDING SECTION 40-1310, IDAHO CODE, TO PRO-
3 VIDE ADDITIONAL POWERS AND DUTIES OF HIGHWAY DISTRICT COMMISSIONERS;
4 AMENDING CHAPTER 13, TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
5 TION 40-1310A, IDAHO CODE, TO PROVIDE ORDINANCE AUTHORITY TO COMMISSIONERS
6 OF A HIGHWAY DISTRICT AND TO PROVIDE PROCEDURES; AMENDING CHAPTER 13,
7 TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 40-1310B, IDAHO
8 CODE, TO PERMIT THE SUMMARIZATION OF ORDINANCES AND TO PROVIDE REQUIRE-
9 MENTS FOR SUCH SUMMARIZATION; AND AMENDING SECTION 40-1336, IDAHO CODE, TO
10 PROVIDE IN THE CASE OF A HIGHWAY DISTRICT THAT SHARES JURISDICTION OVER
11 THE SECONDARY HIGHWAYS WITHIN A COUNTY, THE COUNTY CLERK SHALL KEEP THE
12 ORDINANCES PASSED BY HIGHWAY DISTRICTS THAT ARE LOCATED WITHIN THE COUNTY.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 40-1310, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 40-1310. POWERS AND DUTIES OF HIGHWAY DISTRICT COMMISSIONERS. (1) The
17 commissioners of a highway district have exclusive general supervision and
18 jurisdiction over all highways and public rights-of-way within their highway
19 system, with full power to construct, maintain, repair, acquire, purchase and
20 improve all highways within their highway system, whether directly or by their
21 own agents and employees or by contract. Except as otherwise provided in this
22 chapter in respect to the highways within their highway system, a highway dis-
23 trict shall have all of the powers and duties that would by law be vested in
24 the commissioners of the county and in the district directors of highways if
25 the highway district had not been organized. Where any highway within the lim-
26 its of the highway district has been designated as a state highway, then the
27 board shall have exclusive supervision, jurisdiction and control over the des-
28 ignation, location, maintenance, repair and reconstruction of it. The highway
29 district shall have power to manage and conduct the business and affairs of
30 the district; establish and post speed and other regulatory signs; make and
31 execute all necessary contracts; have an office and employ and appoint agents,
32 attorneys, officers and employees as may be required, and prescribe their
33 duties and fix their compensation. Highway district commissioners and their
34 agents and employees have the right to enter upon any lands to make a survey,
35 and may locate the necessary works on the line of any highways on any land
36 which may be deemed best for the location.
37 (2) The highway district shall also have the right to acquire either by
38 purchase, or other legal means, all lands and other property necessary for the
39 construction, use, maintenance, repair and improvement of highways in their
40 system. The highway district may change the width or location, or straighten
41 lines of any highway in their system, and if in the constructing, laying out,
42 widening, changing, or straightening of any highways, it shall become neces-
43 sary to take private property, the district director of highways, with the
2
1 consent and on order of the highway district commissioners, shall cause a sur-
2 vey of the proposed highway to be made, together with an accurate description
3 of the lands required. He shall endeavor to agree with each owner of property
4 for the purchase of a right-of-way over the lands included within the descrip-
5 tion. If the director is able to agree with the owner of the lands, the high-
6 way district commissioners may purchase the land and pay for it out of the
7 funds of the highway district, and the lands purchased shall then be conveyed
8 to the highway district for the use and purpose of highways.
9 (3) Whenever the director of highways shall be unable to agree with any
10 person for the purchase of land, or that person shall be unknown or a nonresi-
11 dent of the county in which the highway district is situated, or a minor, or
12 an insane or incompetent person, the director shall have the right, subject to
13 the order of the highway district commissioners, to begin action in the name
14 of the highway district in the district court of the county in which the dis-
15 trict is situated, to condemn the land necessary for the right-of-way for the
16 highway, under the provisions of chapter 7, title 7, Idaho Code. An order of
17 the highway district commissioners entered upon its minutes that the land
18 sought to be condemned is necessary for a public highway and public use shall
19 be prima facie evidence of the fact.
20 (4) The highway district has the power to contract for and pay out any
21 special rewards and bounties as may appear expedient or useful in securing
22 proper highway construction and maintenance, and to accept, on behalf of the
23 district, aid or contributions in the construction or maintenance of any high-
24 way; to construct or repair, with the consent of the corporate authorities of
25 any city within the district, any highway within a city, upon the division of
26 the cost as may be agreed upon; or to join with the state or any body politic
27 or political subdivision, or with any person in the construction or repair of
28 any highway and to contract for an equitable division of the cost; and all
29 counties, cities, highway districts and other bodies politic and political
30 subdivisions are authorized to contract with any highway district acting
31 through its highway district commissioners in exercise of the powers granted.
32 (5) The highway district has the power to receive highway petitions and
33 lay out, alter, create and abandon and vacate public highways and public
34 rights-of-way within their respective districts under the provisions of sec-
35 tions 40-202, 40-203 and 40-203A, Idaho Code. Provided however, when a public
36 highway, public street and/or public right-of-way is part of a platted subdi-
37 vision which lies within an established county/city impact area or within one
38 (1) mile of a city if a county/city impact area has not been established, con-
39 sent of the city council of the affected city, when the city has a function-
40 ing street department with jurisdiction over the city streets, shall be neces-
41 sary prior to the granting of acceptance or vacation of said public street or
42 public right-of-way by the highway district board of commissioners.
43 (6) The highway district is empowered to take conveyance or other assur-
44 ances, in the name of the highway district, for all property acquired by it
45 under the provisions of this chapter for the purposes of this title. The high-
46 way district may institute and maintain any and all actions and proceedings,
47 suits at law and in equity, necessary or proper in order to carry out the pro-
48 visions of this chapter, or to enforce, maintain, protect or preserve any and
49 all rights, privileges and immunities provided in this chapter. In all courts,
50 actions, suits or proceedings, the highway district may sue, appear and
51 defend, in person or by attorneys, and in the name of the highway district.
52 (7) The highway district is empowered to hold, use, acquire, sell, man-
53 age, occupy and possess property. The highway district may create highway sub-
54 districts, which must be carefully and distinctly defined and described. High-
55 way subdistricts may be revised or modified by the highway district commis-
3
1 sioners, as changes in conditions demand.
2 (8) The highway district board of commissioners shall have the exclusive
3 general supervisory authority over all public highways, public streets and
4 public rights-of-way under their jurisdiction, with full power to establish
5 design standards, establish use standards, pass resolutions, pass ordinances
6 pursuant to sections 40-1310A and 40-1310B, Idaho Code, provided such ordi-
7 nances proposed in this section shall be limited to the establishment of
8 speed, weight, height, length and other regulatory functions not repugnant to
9 law, and establish regulations in accordance with the provisions of title 49,
10 Idaho Code, and control access to said public highways, public streets and
11 public rights-of-way.
12 (9) By July 1, 2000, and every five (5) years thereafter, the highway
13 district board of commissioners shall have published in map form and made
14 readily available the location of all public rights-of-way under its jurisdic-
15 tion. Any highway district board of commissioners may be granted an extension
16 of time with the approval of the legislature by adoption of a concurrent reso-
17 lution.
18 SECTION 2. That Chapter 13, Title 40, Idaho Code, be, and the same is
19 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
20 ignated as Section 40-1310A, Idaho Code, and to read as follows:
21 40-1310A. ORDINANCE AUTHORITY -- UNIFORMITY OF ORDINANCES. The commis-
22 sioners of a highway district may pass ordinances, rules and make all regula-
23 tions not repugnant to law as necessary for carrying into effect or discharg-
24 ing all powers and duties conferred to a countywide highway district pursuant
25 to chapter 14, title 40, Idaho Code. Ordinances created or passed by the com-
26 missioners of a highway district shall require the affirmative vote of two-
27 thirds (2/3) of the members of the full highway district commission. The style
28 of all ordinances shall be: "BE IT ORDAINED by the board of highway district
29 commissioners of (......) highway district located in (...........) County,
30 Idaho." All ordinances passed shall, before they take effect and within one
31 (1) month after they are passed, be published in at least one (1) issue of a
32 newspaper published in a county where the highway district is located, or if
33 no paper is published in a county where the highway district is located, then
34 in some paper having general circulation therein. After the publication and
35 before its effective date, the proposed ordinance shall not thereafter be
36 amended in any particular wherein the amendment shall impose terms, conditions
37 or privileges less favorable to the highway district than the proposed ordi-
38 nance as published, but amendment favorable to the highway district may be
39 made at any time and after publication. All ordinances passed pursuant to this
40 section by the board of highway district commissioners may be proved by a cer-
41 tificate of the secretary of the highway district under the seal of the board
42 of the highway district commissioners and shall be read and received in evi-
43 dence in all courts and administrative proceedings without further proof. If
44 ordinances duly passed are printed or published in book or pamphlet form by
45 authority of the highway district commissioners, the printed or published book
46 or pamphlet shall also be read and received in evidence in all courts and
47 administrative proceedings without further proof. The commissioners of the
48 highway district may enforce the ordinance by all appropriate administrative
49 or judicial proceedings. The clerk of the highway district shall maintain an
50 official ordinance book pursuant to section 40-1336, Idaho Code.
51 All ordinances proposed for adoption under the provisions of this section
52 shall be uniform in nature and may be adopted by all jurisdictions having con-
53 trol of the secondary road or highway systems within the county. Proposed
4
1 ordinances by a highway district located in a county with more than one (1)
2 highway district shall submit the proposed ordinance to each highway district
3 within that county for adoption. All highway districts within the county may
4 adopt the ordinance within sixty (60) days of receiving the proposed ordi-
5 nance. In the case of a highway district or districts that share jurisdiction
6 with a county road and bridge department, that county may also adopt the ordi-
7 nance within sixty (60) days of being proposed. In the case where a highway
8 district is located in more than one (1) county, and the administration of the
9 secondary roads is also shared, then these counties may also adopt the pro-
10 posed ordinance within sixty (60) days. If any highway district, or a board of
11 county commissioners, rejects a proposed highway district ordinance, then the
12 ordinance shall be declared null and void. The board of highway district com-
13 missioners or board of county commissioners who originate the ordinance shall
14 bear all costs associated with the publication of the ordinance, and shall be
15 responsible for distributing the proposed ordinance to all of the secondary
16 highway jurisdictions within the county. In the event that a highway district
17 is situate in more than one (1) county, then the provisions of this chapter
18 shall apply to all jurisdictions with administrative responsibility over the
19 secondary highway system.
20 SECTION 3. That Chapter 13, Title 40, Idaho Code, be, and the same is
21 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
22 ignated as Section 40-1310B, Idaho Code, and to read as follows:
23 40-1310B. SUMMARIZATION OF ORDINANCES PERMITTED -- REQUIREMENTS. (1) In
24 lieu of publishing the entire ordinance under sections 40-1310A and 40-1406,
25 Idaho Code, the highway district may publish a summary of the ordinance, which
26 summary shall be approved by the governing body and which shall include:
27 (a) The name of the highway district;
28 (b) The formal identification or citation number of the ordinance;
29 (c) A descriptive title;
30 (d) A summary of the principal provisions of the ordinance, including
31 penalties provided and the effective date;
32 (e) Any other information necessary to provide an accurate summary; and
33 (f) A statement that the full text is available at the highway district
34 office.
35 (2) Notwithstanding subsection (1) of this section, whenever any publica-
36 tion is made under this section and the proposed or adopted ordinance contains
37 legal descriptions or contains provisions regarding taxation or penalties con-
38 cerning real property, those sections containing such information shall be
39 published in full and shall not be summarized. In the case of a legal descrip-
40 tion of real property, the notice shall also include the street address or
41 addresses of the property described, if any. In the case of a description cov-
42 ering one (1) or more street addresses, the street addresses of the corners of
43 the area described shall meet this requirement. Maps may be substituted for a
44 written legal description of property provided such maps contain sufficient
45 detail to clearly define the area with which the ordinance is concerned.
46 (3) Before submission of a summary to a newspaper for publication under
47 this section, the legal advisor of the highway district shall sign a state-
48 ment, which shall be filed with the ordinance, that the summary is true and
49 complete and provides adequate notice to the public.
50 (4) The full text of any ordinance which is summarized by publication
51 under this section shall be promptly provided by the highway district clerk to
52 any citizen on personal request.
5
1 SECTION 4. That Section 40-1336, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 40-1336. RECORD BOOKS TO BE KEPT. The highway district board of commis-
4 sioners must cause to be kept permanently and indefinitely:
5 (1) A minute book, in which must be recorded all orders and decisions
6 made by them, and the proceedings at all regular and special meetings.
7 (2) An allowance book or disbursement journal, in which must be recorded
8 all orders for the payment of money from the highway district treasury, to
9 whom made, and on what account, dating, numbering and indexing the same
10 through each year.
11 (3) A road book, containing all proceedings and adjudications relating to
12 the validation and abandonment and/or realignment of highways, public streets
13 and public rights-of-way within the highway district highway system.
14 (4) An ordinance book, containing all ordinances, stating the date
15 enacted. In the case of a highway district that shares jurisdiction over the
16 secondary highways within a county, then the county clerk shall keep the ordi-
17 nances passed by the highway districts that are located within the county. The
18 cost of maintaining the ordinance(s) shall be shared by all of the secondary
19 highway jurisdictions within the county equally.
20 (5) A resolution book, containing all resolutions, stating the date
21 adopted.
STATEMENT OF PURPOSE
RS 13256C1
The purpose of this legislation is to grant highway districts limited
ordinance authority. This legislation allows a highway district(s) to
enact ordinances, not repugnant to law, in the area of speed, weight,
height, and length restrictions, and other regulatory signage.
This legislation mandates that all ordinances proposed be uniform in
nature, and that in cases where a highway district(s) share the
administrative responsibility of secondary highway jurisdiction, that
those jurisdictions shall also adopt the proposed ordinance within
sixty (60) days or the ordinance is considered to be null and void.
In the situation where a highway district is situated in more than one
county, the originating jurisdiction shall then distribute the
proposed ordinance to all the jurisdictions in these counties as well.
The legislation requires that the costs associated with the
publication and distribution of the proposed ordinance be born by the
originating jurisdiction, and that a summary of the ordinance may be
published. The ongoing costs for maintaining the ordinances are
shared equally between the secondary highway jurisdictions.
FISCAL IMPACT
There is no fiscal impact to the General Fund.
Contact
Name: Stuart O. Davis, Idaho Association of Highway Districts, Inc.
Phone: (208) 859-9378
STATEMENT OF PURPOSE/FISCAL NOTE H 398