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S1055........................................................by TRANSPORTATION
HIGHWAY DISTRICT COMMISSIONERS - Amends existing law to clarify administrative
powers and duties of highway district commissioners regarding disposal of real
and personal property, payment of expenses for emergencies and calamities,
purchase of equipment at public auction, publication of proposed commissioner
salaries in the annual budget and compensation for highway district
commissioners.
01/31 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to Transp
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/17 3rd rdg - PASSED - 28-7-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Cameron,
Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram,
Kennedy, Keough, Little, Lodge, McKenzie, McWilliams, Noble, Noh,
Pearce, Richardson, Sorensen, Stegner, Sweet, Williams
NAYS -- Burkett, Calabretta, Malepeai, Marley, Schroeder, Stennett, Werk
Absent and excused -- None
Floor Sponsor - Little
Title apvd - to House
02/18 House intro - 1st rdg - to Transp
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 64-3-3
AYES -- Andersen, Barraclough, Barrett, Bauer, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg,
Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills,
Wood
NAYS -- Harwood, Kulczyk, Smith(30)
Absent and excused -- Bedke, Deal, Mr. Speaker
Floor Sponsor - Ridinger
Title apvd - to Senate
03/04 To enrol
03/05 Rpt enrol - Pres signed
03/06 Sp signed
03/07 To Governor
03/13 Governor signed
Session Law Chapter 68
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1055
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAY DISTRICTS; AMENDING SECTION 31-808, IDAHO CODE, TO DELETE
3 REQUIREMENT OF HIGHWAY DISTRICTS TO DISPOSE OF REAL OR PERSONAL PROPERTY
4 VALUED AT OVER FIVE THOUSAND DOLLARS IN ACCORDANCE WITH THE PROVISIONS OF
5 THIS SECTION OF LAW; AMENDING SECTION 40-1308, IDAHO CODE, TO AUTHORIZE
6 HIGHWAY DISTRICTS TO PAY FOR EMERGENCIES OR CALAMITIES IN ACCORDANCE WITH
7 EXISTING HIGHWAY DISTRICT LAW AND TO DELETE REFERENCE TO PAYMENT OF JUDG-
8 MENTS AND LIABILITIES IN ACCORDANCE WITH THE LAW FOR TORT CLAIMS AGAINST
9 GOVERNMENTAL ENTITIES; AMENDING SECTION 40-1309, IDAHO CODE, TO CLARIFY
10 CORPORATE POWERS OF HIGHWAY DISTRICTS WITH REGARD TO DISPOSAL OF REAL OR
11 PERSONAL PROPERTY EXCEEDING FIVE THOUSAND DOLLARS IN VALUE AND TO PROVIDE
12 THAT NO EMPLOYEES OF A HIGHWAY DISTRICT OR FAMILIES OF HIGHWAY DISTRICT
13 COMMISSIONERS, DIRECTORS OR EMPLOYEES MAY BE PERSONALLY INTERESTED IN
14 HIGHWAY DISTRICT PURCHASES OR CONTRACTS; AMENDING SECTION 40-1310, IDAHO
15 CODE, TO PROVIDE ADDITIONAL POWERS AND DUTIES OF HIGHWAY DISTRICT COMMIS-
16 SIONERS REGARDING PURCHASE OF EQUIPMENT AT PUBLIC AUCTION; AMENDING SEC-
17 TION 40-1314, IDAHO CODE, TO PROVIDE FOR PUBLICATION OF PROPOSED COMMIS-
18 SIONER SALARIES AS A SEPARATE LINE ITEM IN THE ANNUAL BUDGET AND TO PRO-
19 VIDE CORRECT TERMINOLOGY; AND AMENDING SECTIONS 40-1404 AND 40-1404A,
20 IDAHO CODE, TO PROVIDE FOR COMPENSATION OF HIGHWAY DISTRICT AND COUNTYWIDE
21 HIGHWAY DISTRICT COMMISSIONERS IN ACCORDANCE WITH THE PROVISIONS OF SEC-
22 TION 40-1314, IDAHO CODE.
23 Be It Enacted by the Legislature of the State of Idaho:
24 SECTION 1. That Section 31-808, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 31-808. SALE OF COUNTY PROPERTY -- GENERAL PROCEDURE -- SALE OF PROPERTY
27 ACQUIRED THROUGH TAX DEED -- PROCEDURE AFTER ATTEMPTED AUCTION -- EXCHANGE OF
28 COUNTY PROPERTY -- SALE OF CERTAIN ODD-LOT PROPERTY -- SALE, EXCHANGE OR DONA-
29 TION OF PROPERTY TO OTHER UNITS OF GOVERNMENT. (1) A board of county commis-
30 sioners shall have the power and authority to sell or offer for sale at public
31 auction any real or personal property belonging to the county not necessary
32 for its use. However, personal property not exceeding two hundred fifty dol-
33 lars ($250) in value may be sold at private sale without notice or public auc-
34 tion. Prior to offering the property for sale, the board of county commission-
35 ers shall advertise notice of the auction in a newspaper, as defined in sec-
36 tion 60-106, Idaho Code, either published in the county or having a general
37 circulation in the county, not less than ten (10) calendar days prior to the
38 auction. If the property to be sold is real property, the notice to be pub-
39 lished shall contain the legal description as well as the street address of
40 the property. If the property is outside the corporate limits of a city and
41 does not have a street address, then the description shall also contain the
42 distance and direction of the location of the real property from the closest
43 city. If the property to be sold is acquired by tax deed, the notice required
2
1 to be published shall include, next to the description of the property, the
2 name of the taxpayer as it appears in the delinquent tax certificate upon
3 which the tax deed was issued. The property shall be sold to the highest bid-
4 der. However, the board of county commissioners may reserve the right to
5 reject any and all bids and shall have discretionary authority to reject or
6 accept any bid which may be made for an amount less than the total amount of
7 all delinquent taxes, late charges, costs and interest which may have accrued
8 against any property so offered for sale, including the amount specified in
9 the tax deed to the county.
10 (2) Proceeds from the sale of county property not acquired by tax deed
11 shall be paid into the county treasury for the general use of the county. If
12 the property to be sold has been acquired by tax deed, pursuant to the provi-
13 sions of chapter 10, title 63, Idaho Code, the proceeds from the sale, after
14 reimbursement to the county for the cost of advertising and sale, shall be
15 apportioned to the taxing districts in which the property is situated accord-
16 ing to the levy applied to the year of delinquency upon which the tax deed was
17 issued to the county.
18 (3) Any property sold may be carried on a recorded contract with the
19 county for a term not to exceed ten (10) years and at an interest rate not to
20 exceed the rate of interest specified in section 28-22-104(1), Idaho Code. The
21 board of county commissioners shall have the authority to cancel any contract
22 if the purchaser fails to comply with any of the terms of the contract and the
23 county shall retain all payments made on the contract. The title to all prop-
24 erty sold on contract shall be retained in the name of the county until full
25 payment has been made by the purchaser. However, the purchaser shall be
26 responsible for payment of all property taxes during the period of the con-
27 tract.
28 (4) Any sale of property by the county shall vest in the purchaser all of
29 the right, title and interest of the county in the property, including all
30 delinquent taxes which have become a lien on the property since the date of
31 issue of the tax deed, if any.
32 (5) In addition to the purchase price, a purchaser of county property,
33 including property acquired by tax deed, shall pay all fees required by law
34 for the transfer of property. No deed for any real estate purchased pursuant
35 to the provisions of this section shall be delivered to a purchaser until such
36 deed has been recorded in the county making the sale.
37 (6) Should the county be unable to sell at a public auction any real or
38 personal property belonging to the county, including property acquired by tax
39 deed, it may sell the property without further notice by public or private
40 sale upon such terms and conditions as the county deems necessary. Distribu-
41 tion of the proceeds of sale shall be as set forth in subsection (2) of this
42 section.
43 (7) The board of county commissioners may at its discretion, when in the
44 county's best interest, exchange and do all things necessary to exchange any
45 of the real property now or hereafter held and owned by the county for real
46 property of equal value, public or private, to consolidate county real prop-
47 erty or aid the county in the control and management or use of county real
48 property.
49 (8) The board of county commissioners may, by resolution, declare certain
50 parcels of real property as odd-lot property, all or portions of which are not
51 needed for public purposes and are excess to the needs of the county. For pur-
52 poses of this subsection, odd-lot property is defined as that property that
53 has an irregular shape or is a remnant and has value primarily to an adjoining
54 property owner. Odd-lot property may be sold to an adjacent property owner for
55 fair market value that is estimated by a land appraiser licensed to appraise
3
1 property in the state of Idaho. If, after thirty (30) days' written notice, an
2 adjoining property owner or owners do not desire to purchase the odd-lot prop-
3 erty, the board of county commissioners may sell the property to any other
4 interested party for not less than the appraised value. When a sale of odd-lot
5 property is agreed to, a public advertisement of the pending sale shall be
6 published in one (1) edition of the newspaper as defined in subsection (1) of
7 this section, and the public shall have fifteen (15) days to object to the
8 sale in writing. The board of county commissioners shall make the final deter-
9 mination regarding the sale of odd-lot property in an open meeting.
10 (9) In addition to any other powers granted by law, the board of county
11 commissioners may at their discretion, grant to or exchange with the federal
12 government, the state of Idaho, any political subdivision or taxing district
13 of the state of Idaho or any local historical society which is incorporated as
14 an Idaho nonprofit corporation which operates primarily in the county or main-
15 tains a museum in the county, with or without compensation, any real or per-
16 sonal property or any interest in such property owned by the county or
17 acquired by tax deed, after adoption of a resolution by the board of county
18 commissioners that the grant or exchange of property is in the public inter-
19 est. Notice of such grant or exchange shall be as provided in subsection (1)
20 of this section and the decision may be made at any regularly or specially
21 scheduled meeting of the board of county commissioners. The execution and
22 delivery by the county of the deed conveying an interest in the property shall
23 operate to discharge and cancel all levies, liens and taxes made or created
24 for the benefit of the state, county or any other political subdivision or
25 taxing district and to cancel all titles or claims of title including claims
26 of redemption to such real property asserted or existing at the time of such
27 conveyance. However, if the property conveyed is subject to a lien for one (1)
28 or more unsatisfied special assessments, the lien shall continue until all
29 special assessments have been paid in full. At no time shall a lien for a spe-
30 cial assessment be extinguished prior to such special assessment having been
31 paid in full. Any property conveyed to any local historical society by the
32 county shall revert to the county when the property is no longer utilized for
33 the purposes for which it was conveyed.
34 (10) A highway district or single countywide highway district shall follow
35 the provisions of this section when selling real or personal property which
36 has a value in excess of five thousand dollars ($5,000) belonging to it but
37 not necessary for its use. The proceeds from such sale shall be paid to the
38 highway district or single countywide highway district for its use.
39 SECTION 2. That Section 40-1308, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 40-1308. POWER TO LEVY TAXES FOR COMPREHENSIVE INSURANCE, PROSECUTING AND
42 DEFENDING ACTIONS, JUDGMENTS AND LIABILITIES. Every highway district has the
43 power to levy and collect taxes as necessary to:
44 (1) Pay for a comprehensive insurance plan as provided in section 6-927,
45 Idaho Code;
46 (2) Defray all expenses of prosecuting and defending actions; and
47 (3) Pay any judgments and liabilities incurred against it as provided in
48 section 6-928, Idaho Code; and
49 (4) Pay for emergencies or calamities as provided in section 40-820,
50 Idaho Code.
51 SECTION 3. That Section 40-1309, Idaho Code, be, and the same is hereby
52 amended to read as follows:
4
1 40-1309. CORPORATE POWERS OF HIGHWAY DISTRICTS. Each highway district has
2 power:
3 (1) To sue and be sued.
4 (2) To purchase and hold lands, make contracts, purchase and hold per-
5 sonal property as may be necessary or convenient for the purposes of this
6 chapter, and to sell and exchange any real or personal property other than
7 public lands which by the constitution and laws of the state are placed under
8 the jurisdiction of the state land board. Personal property, no longer useful
9 to the district, not exceeding five thousand dollars ($5,000) in value may be
10 sold by the highway commissioners at a private sale or at any regular board
11 meeting without advertisement. Before disposing of all other personal or real
12 property exceeding five thousand dollars ($5,000) in value, tThe highway dis-
13 trict commissioners shall first adopt a resolution finding that all other such
14 personal or real property to be sold or exchanged is no longer useful to the
15 district; that a public hearing is to be held, of which hearing notice shall
16 be published in accordance with the provisions of section 40-206, Idaho Code,
17 and at which hearing any person interested may appear and show cause that the
18 sale or exchange should not be made. The hearing and sale shall not be con-
19 ducted at the same regular meeting. Highway district commissioners, and high-
20 way directors, employees, and their families must be personally disinterested,
21 directly or indirectly, in the purchase of property for the use of the highway
22 district, or in the sale of any property belonging to the highway district, or
23 in any contract made by the highway district or other person on behalf of the
24 highway district unless otherwise authorized by law.
25 (3) To levy and apply ad valorem taxes for purposes under its exclusive
26 jurisdiction as are authorized by law.
27 SECTION 4. That Section 40-1310, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 40-1310. POWERS AND DUTIES OF HIGHWAY DISTRICT COMMISSIONERS. (1) The
30 commissioners of a highway district have exclusive general supervision and
31 jurisdiction over all highways and public rights-of-way within their highway
32 system, with full power to construct, maintain, repair, acquire, purchase and
33 improve all highways within their highway system, whether directly or by their
34 own agents and employees or by contract. Except as otherwise provided in this
35 chapter in respect to the highways within their highway system, a highway dis-
36 trict shall have all of the powers and duties that would by law be vested in
37 the commissioners of the county and in the district directors of highways if
38 the highway district had not been organized. Where any highway within the lim-
39 its of the highway district has been designated as a state highway, then the
40 board shall have exclusive supervision, jurisdiction and control over the des-
41 ignation, location, maintenance, repair and reconstruction of it. The highway
42 district shall have power to manage and conduct the business and affairs of
43 the district; establish and post speed and other regulatory signs; make and
44 execute all necessary contracts; have an office and employ and appoint agents,
45 attorneys, officers and employees as may be required, and prescribe their
46 duties and fix their compensation. Highway district commissioners and their
47 agents and employees have the right to enter upon any lands to make a survey,
48 and may locate the necessary works on the line of any highways on any land
49 which may be deemed best for the location.
50 (2) The highway district shall also have the right to acquire either by
51 purchase, or other legal means, all lands and other property necessary for the
52 construction, use, maintenance, repair and improvement of highways in their
53 system. The highway district may change the width or location, or straighten
5
1 lines of any highway in their system, and if in the constructing, laying out,
2 widening, changing, or straightening of any highways, it shall become neces-
3 sary to take private property, the district director of highways, with the
4 consent and on order of the highway district commissioners, shall cause a sur-
5 vey of the proposed highway to be made, together with an accurate description
6 of the lands required. He shall endeavor to agree with each owner of property
7 for the purchase of a right-of-way over the lands included within the descrip-
8 tion. If the director is able to agree with the owner of the lands, the high-
9 way district commissioners may purchase the land and pay for it out of the
10 funds of the highway district, and the lands purchased shall then be conveyed
11 to the highway district for the use and purpose of highways.
12 (3) Whenever the director of highways shall be unable to agree with any
13 person for the purchase of land, or that person shall be unknown or a nonresi-
14 dent of the county in which the highway district is situated, or a minor, or
15 an insane or incompetent person, the director shall have the right, subject to
16 the order of the highway district commissioners, to begin action in the name
17 of the highway district in the district court of the county in which the dis-
18 trict is situated, to condemn the land necessary for the right-of-way for the
19 highway, under the provisions of chapter 7, title 7, Idaho Code. An order of
20 the highway district commissioners entered upon its minutes that the land
21 sought to be condemned is necessary for a public highway and public use shall
22 be prima facie evidence of the fact.
23 (4) The highway district has the power to contract for and pay out any
24 special rewards and bounties as may appear expedient or useful in securing
25 proper highway construction and maintenance, and to accept, on behalf of the
26 district, aid or contributions in the construction or maintenance of any high-
27 way; to construct or repair, with the consent of the corporate authorities of
28 any city within the district, any highway within a city, upon the division of
29 the cost as may be agreed upon; or to join with the state or any body politic
30 or political subdivision, or with any person in the construction or repair of
31 any highway and to contract for an equitable division of the cost; and all
32 counties, cities, highway districts and other bodies politic and political
33 subdivisions are authorized to contract with any highway district acting
34 through its highway district commissioners in exercise of the powers granted.
35 (5) The highway district has the power to receive highway petitions and
36 lay out, alter, create and abandon and vacate public highways and public
37 rights-of-way within their respective districts under the provisions of sec-
38 tions 40-202, 40-203 and 40-203A, Idaho Code. Provided however, when a public
39 highway, public street and/or public right-of-way is part of a platted subdi-
40 vision which lies within an established county/city impact area or within one
41 (1) mile of a city if a county/city impact area has not been established, con-
42 sent of the city council of the affected city, when the city has a functioning
43 street department with jurisdiction over the city streets, shall be necessary
44 prior to the granting of acceptance or vacation of said public street or pub-
45 lic right-of-way by the highway district board of commissioners.
46 (6) The highway district is empowered to take conveyance or other assur-
47 ances, in the name of the highway district, for all property acquired by it
48 under the provisions of this chapter for the purposes of this title. The high-
49 way district may institute and maintain any and all actions and proceedings,
50 suits at law and in equity, necessary or proper in order to carry out the pro-
51 visions of this chapter, or to enforce, maintain, protect or preserve any and
52 all rights, privileges and immunities provided in this chapter. In all courts,
53 actions, suits or proceedings, the highway district may sue, appear and
54 defend, in person or by attorneys, and in the name of the highway district.
55 (7) The highway district is empowered to hold, use, acquire, sell, man-
6
1 age, occupy and possess property. The highway district may create highway sub-
2 districts, which must be carefully and distinctly defined and described. High-
3 way subdistricts may be revised or modified by the highway district commis-
4 sioners, as changes in conditions demand.
5 (8) The highway district board of commissioners shall have the exclusive
6 general supervisory authority over all public highways, public streets and
7 public rights-of-way under their jurisdiction, with full power to establish
8 design standards, establish use standards, pass resolutions and establish
9 regulations in accordance with the provisions of title 49, Idaho Code, and
10 control access to said public highways, public streets and public rights-of-
11 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 (10) In its discretion, the highway district may purchase equipment at a
19 public auction, if the highway district board of commissioners has made a
20 finding that such equipment may be purchased at a competitive price. Prior to
21 the public auction, the highway district commissioners shall, at a regular
22 meeting of the district or at a special hearing, notice of which is published
23 in accordance with the provisions of section 40-206, Idaho Code, review any
24 documentation available as to the items to be auctioned at the public sale and
25 determine which items the district may bid on, and establish a maximum amount
26 the district will bid for such item.
27 SECTION 5. That Section 40-1314, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 40-1314. COMPENSATION OF HIGHWAY DISTRICT COMMISSIONERS, OFFICERS, AGENTS
30 AND EMPLOYEES. (1) It shall be the duty of the board of highway district com-
31 missioners of each highway district to fix the annual salaries of the highway
32 district commissioners commencing on October 1 and for the next ensuing year.
33 The proposed commissioner salaries shall be published in accordance with the
34 provisions of section 40-206, Idaho Code, and for notice purposes of that
35 section, the proposed salaries shall be treated as if they were an override or
36 bond election hearing as a separate line item in the highway district's annual
37 budget.
38 (2) Actual expenses shall be paid in addition to their compensation. The
39 payment for expenses shall be paid from the funds of the highway district upon
40 the presentation of itemized vouchers, signed by the commissioners and under
41 oath made to the secretary of the district.
42 (3) When a commissioner is an officer and/or agent of the district, the
43 two (2) remaining commissioners may fix the compensation salary and benefits
44 to be paid him for his services as an officer and/or agent. A commissioner
45 acting as an officer and/or agent of the district shall be entitled to his
46 necessary and actual expenses in addition to his salary, but shall not be
47 entitled to draw compensation as a commissioner when placed upon a salary. The
48 board shall fix the compensation salary and benefits to be paid to the other
49 officers and agents and employees of the highway district, to be paid out of
50 the treasury of the highway district.
51 (4) Commissioners are considered employees of the district. The district
52 shall be liable and responsible for the actions of the commissioners, offi-
53 cers, agents and/or employees of the district when the commissioners, offi-
7
1 cers, agents and/or employees are performing their duties on behalf of the
2 district.
3 SECTION 6. That Section 40-1404, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 40-1404. APPOINTMENT OF FIRST HIGHWAY DISTRICT COMMISSIONERS IN CERTAIN
6 COUNTYWIDE HIGHWAY DISTRICTS -- SUBDISTRICTS -- ELECTIONS, TERMS AND SALARIES
7 OF COMMISSIONERS. For counties with a population of two hundred thousand
8 (200,000) persons or less, if there is a majority affirmative vote at the
9 election the county commissioners, at their next meeting shall organize the
10 countywide highway district. The county shall be subdivided by the county com-
11 missioners into three (3) subdistricts, designated subdistricts number one,
12 two and three, as nearly equal in population as practicable, and one (1) high-
13 way commissioner shall represent each subdistrict and be a resident of the
14 subdistrict. The governor shall appoint the first countywide highway district
15 commissioners. Where one (1) or more highway districts have been in existence
16 at the time of the creation of the countywide highway district, the governor
17 shall appoint, whenever practicable, at least one (1) of the former highway
18 district commissioners as they shall qualify by reason of residence in the
19 territorial limits of the subdistricts of the countywide highway district as a
20 commissioner of the countywide highway district. County commissioners and city
21 council members shall not be eligible to hold office as a countywide highway
22 district commissioner. The originally appointed commissioners shall serve
23 until the next general election when two (2) members shall be elected for two
24 (2) years and one (1) member shall be elected for a term of four (4) years,
25 the commissioner from subdistrict number one being elected for a term of four
26 (4) years. The four (4) year term shall be allotted thereafter in rotation to
27 subdistricts number two, three and one. A qualified voter of the countywide
28 highway district shall be eligible to vote for each of the countywide highway
29 district commissioners, and the election shall be conducted as provided by
30 Idaho statutes relating to holding elections at the county level.
31 The highway commissioners shall take office on January 1 of the year imme-
32 diately following their election, and each may be compensated in accordance
33 with the provisions of section 40-1314, Idaho Code, or receive a salary not to
34 exceed six hundred dollars ($600) per calendar month with the exception of the
35 president of the highway commissioners who may receive a salary not to exceed
36 seven hundred dollars ($700) per calendar month.
37 SECTION 7. That Section 40-1404A, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 40-1404A. ELECTIONS, TERMS AND SALARIES OF COMMISSIONERS IN CERTAIN
40 COUNTYWIDE HIGHWAY DISTRICTS. In countywide highway districts located in a
41 county with a population of more than two hundred thousand (200,000) persons
42 in which the voters have chosen to establish a countywide highway district at
43 a previous election, the county shall be divided by the county commissioners
44 immediately upon the effective date of this act into five (5) subdistricts
45 which shall be as nearly equal in population as practicable. No precincts
46 shall be divided. A highway district commissioner shall be a resident of the
47 subdistrict which he represents. Voters in each subdistrict shall vote only
48 for one (1) candidate seeking to represent that subdistrict. County commis-
49 sioners, mayors and city council members shall not be eligible to hold office
50 as a countywide highway district commissioner. At the election held in 1998,
51 commissioners representing subdistricts two and five shall be elected for two
8
1 (2) year terms and commissioners representing subdistricts three and four
2 shall be elected for four (4) year terms. Thereafter, all commissioners shall
3 be elected for four (4) year terms. Any incumbent in office on the effective
4 date of this act may complete the term to which they were elected and shall
5 represent the subdistrict in which they reside. Any incumbent in office on the
6 effective date of this act whose term expires on January 1, 2000, shall retain
7 that office until January 1, 2000, shall be assigned the subdistrict in which
8 they reside by the county commissioners, which subdistrict shall be numbered
9 one as provided in this section and that commissioner need not stand for elec-
10 tion in 1998.
11 A qualified voter of the countywide highway district shall be eligible to
12 vote for a countywide highway district commissioner residing in the elector's
13 subdistrict, and the election shall be conducted as provided by Idaho statutes
14 relating to holding general elections at the county level.
15 The highway commissioners shall take office on January 1 of the year
16 immediately following their election, and each may be compensated in accor-
17 dance with the provisions of section 40-1314, Idaho Code, or receive a salary
18 not to exceed one thousand two hundred dollars ($1,200) per calendar month
19 with the exception of the president of the highway commissioners who may
20 receive a salary not to exceed one thousand four hundred dollars ($1,400) per
21 calendar month.
STATEMENT OF PURPOSE
RS 12621
This legislation makes grammatical and procedural
corrections to highway district law in Title 40 chapter 13
and 14.
Reference to the disposal of highway district property is
deleted from the county law, and clarified in the highway
district section, amends the section 40-1308 to correct a
previous deletion in code on the ability to pay for legal
actions, judgments, and emergencies, clarifies the procedure
for disposing of property over five thousand ($5,000) in
value, and restricts employees and their families from having
a personal interest in the property to be sold.
This legislation also grants highway districts the same power
as cities to purchase items at public auction, and changes the
requirement for highway districts to publish proposed
commissioner salaries from the provisions of Title 40, chapter
206,and replaces it with the requirement that the proposed
salary shall be printed as a separate line item in their
annual budget. The legislation also allows highway district
commissioners from a countywide highway districts the option
to establish their salaries in accordance with title 40
chapter 13.
FISCAL IMPACT
None to the general fund.
Contact
Name: Stuart 0. Davis
Executive Director
Idaho Association of Highway Districts
Phone: 859-9378
S 1055