2003 Legislation
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HOUSE BILL NO. 398 – Highway dist, authority

HOUSE BILL NO. 398

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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

Bill Text


                                                                        
                                                                        
  ||||              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-
                                                                        
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  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
                                                                        
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  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.
                                                                        
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  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 / Fiscal Impact



                       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