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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 - 2003IN 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