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S1254......................................by LOCAL GOVERNMENT AND TAXATION
SOLID WASTE DISPOSAL - Amends existing law to clarify county and city
authority concerning grants of exclusive franchises for solid waste
disposal.
01/29 Senate intro - 1st rdg - to printing
01/30 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1254
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO COUNTY AND CITY CONTRACTING AUTHORITY; AMENDING SECTION 31-4403,
3 IDAHO CODE, TO CLARIFY COUNTY AUTHORITY CONCERNING GRANTS OF EXCLUSIVE
4 FRANCHISES FOR SOLID WASTE DISPOSAL AND TO MAKE TECHNICAL CORRECTIONS; AND
5 AMENDING SECTION 50-344, IDAHO CODE, TO CLARIFY CITY AUTHORITY CONCERNING
6 GRANTS OF EXCLUSIVE FRANCHISES FOR SOLID WASTE DISPOSAL AND TO MAKE TECH-
7 NICAL CORRECTIONS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 31-4403, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 31-4403. OPERATION AND MAINTENANCE. It shall be the duty of the board of
12 county commissioners in each of the several counties to acquire sites or
13 facilities, and maintain and operate solid waste disposal systems. Such main-
14 tenance and operation may be performed through or by:
15 (1) Employees, facilities, equipment and supplies hired by or acquired by
16 the board of county commissioners;
17 (2) Contracts, exclusive franchises or otherwise, entered into by the
18 board to have the maintenance and operation performed by private persons;
19 (3) Contracts entered into by the board to have the maintenance and oper-
20 ation performed by another unit of government;
21 (4) Contracts, exclusive franchises or otherwise, granted pursuant to law
22 by the board, for all or any part or parts of the county;
23 (5) Any combination of subsections (1), (2), (3), and (4) of this sec-
24 tion;
25 (6) Notwithstanding any other provision of law to the contrary, in order
26 to provide for the public health, safety, and well-being, the board of county
27 commissioners and/or another unit of state government, may determine whether
28 solid waste disposal systems services are to be provided by means of a con-
29 tract, exclusive franchise or otherwise, provided for under subsection (2) of
30 this section, or any contract, exclusive franchise or otherwise, awarded under
31 subsection (4) of this section, with or without compulsory competitive bid-
32 ding;
33 (7) The board of county commissioners before entering into such con-
34 tracts, exclusive franchises or otherwise may require such security for the
35 performance thereof as it deems appropriate or may waive such undertaking.
36 SECTION 2. That Section 50-344, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 50-344. SOLID WASTE DISPOSAL. (1) Cities shall have the power to maintain
39 and operate solid waste collection systems. Such maintenance and operation may
40 be performed by:
41 (a) Employees, facilities, equipment and supplies engaged or acquired by
2
1 cities;
2 (b) Contracts, exclusive franchises or otherwise providing maintenance
3 and operation performed by private persons;
4 (c) Contracts providing for maintenance and operation performed by
5 another unit of government;
6 (d) Contracts, exclusive franchises or otherwise for maintenance and
7 operation that may provide solid waste collection for all or geographic
8 parts of a city;
9 (e) Any combination of paragraphs (a), (b), (c), and (d) of this section.
10 (2) Upon a finding by the mayor or city manager for public safety or nec-
11 essary protection of public health and welfare and property, tThe provisions
12 of section 50-341, Idaho Code, shall not apply to extensions of existing
13 municipal contracts or exclusive franchises for solid waste collection, as
14 provided herein.
15 (3) Before entering into such contracts, exclusive franchises or other-
16 wise, a city may require such security for the performance thereof as it deems
17 appropriate or may waive such undertaking.
Statement of Purpose
RS 13809C1
This bill amends Idaho Code Sections 31-4403 and 50-
344 to clarify legislative intent to continue to allow
counties and cities to maintain exclusive service
contracts or franchises with local solid waste service
providers with a record of providing service that is
efficient, affordable and accountable.
Fiscal Impact
There is no fiscal impact to the state or local
governments.
Contacts:
Sen. Hal Bunderson
Ph: 332-1000
Association of Idaho Cities, Ken Harward
Ph: 344-8594
Idaho Association of Counties, Dan Chadwick
Ph: 345-9126
Waste Management, Roger Seiber
Ph: 342-8900
Idaho Sanitary Services Association, Steve Sedlacek
Ph: 888-3999
BFI Waste Systems, Ken McClure
Ph: 388-1200
S 1254