2004 Legislation
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SENATE BILL NO. 1287 – Hwy dist, ordinances

SENATE BILL NO. 1287

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S1287aa...................................................by TRANSPORTATION
HIGHWAY DISTRICT - ORDINANCES - Adds to and amends existing law to provide
ordinance authority to highway districts; and to provide procedures for
adopting ordinances.
                                                                        
02/06    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Transp
02/25    Rpt out - to 14th Ord
03/08    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/11    3rd rdg as amen - PASSED - 32-1-2
      AYES -- Andreason(Andreason), Bailey, Brandt, Bunderson, Burkett,
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Werk
      NAYS -- Sweet
      Absent and excused -- Geddes, Williams
    Floor Sponsor - McWilliams
    Title apvd - to House
03/11    House intro - 1st rdg - to Transp

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1287
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HIGHWAY DISTRICTS; AMENDING SECTION 40-1310, IDAHO CODE,  TO  PRO-
  3        VIDE  ADDITIONAL  POWERS  AND  DUTIES  TO  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 FOR ORDINANCE AUTHORITY TO HIGHWAY
  6        DISTRICTS AND TO PROVIDE FOR CONTENTS OF ORDINANCES; AMENDING CHAPTER  13,
  7        TITLE  40,  IDAHO  CODE,  BY THE ADDITION OF A NEW SECTION 40-1310B, IDAHO
  8        CODE, TO ALLOW SUMMARIZATION OF ORDINANCES  UNDER  CERTAIN  CIRCUMSTANCES;
  9        AND AMENDING SECTION 40-1336, IDAHO CODE, TO PROVIDE THAT IN THE CASE OF A
 10        HIGHWAY  DISTRICT  THAT  SHARES  JURISDICTION  OVER THE SECONDARY HIGHWAYS
 11        WITHIN A COUNTY, THE COUNTY CLERK SHALL BE THE KEEPER  OF  THE  ORDINANCES
 12        PASSED BY THE HIGHWAY DISTRICTS THAT ARE SITUATE 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 functioning
 40    street  department with jurisdiction over the city streets, shall be necessary
 41    prior to the granting of acceptance or vacation of said public street or  pub-
 42    lic 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 section 40-1310A, Idaho Code, and establish regulations in  accor-
  7    dance  with the provisions of title 49, Idaho Code, and control access to said
  8    public highways, public streets and public rights-of-way.
  9        (9)  By July 1, 2000, and every five (5)  years  thereafter,  the  highway
 10    district  board  of  commissioners  shall  have published in map form and made
 11    readily available the location of all public rights-of-way under its jurisdic-
 12    tion. Any highway district board of commissioners may be granted an  extension
 13    of time with the approval of the legislature by adoption of a concurrent reso-
 14    lution.
 15        (10) In  its  discretion, the highway district may purchase equipment at a
 16    public auction, if the highway district board  of  commissioners  has  made  a
 17    finding  that such equipment may be purchased at a competitive price. Prior to
 18    the public auction, the highway district commissioners  shall,  at  a  regular
 19    meeting  of the district or at a special hearing, notice of which is published
 20    in accordance with the provisions of section 40-206, Idaho  Code,  review  any
 21    documentation available as to the items to be auctioned at the public sale and
 22    determine  which items the district may bid on, and establish a maximum amount
 23    the district will bid for such item.
                                                                        
 24        SECTION 2.  That Chapter 13, Title 40, Idaho Code, be,  and  the  same  is
 25    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 26    ignated as Section 40-1310A, Idaho Code, and to read as follows:
                                                                        
 27        40-1310A.  ORDINANCE AUTHORITY -- CREATING AND  ENACTING  ORDINANCES.  The
 28    commissioners of a highway district may pass ordinances, not repugnant to law,
 29    as  necessary,  for  carrying into effect or discharging all powers and duties
 30    conferred to a highway district pursuant to this chapter.  Ordinances  created
 31    or  passed by the commissioners of a highway district shall require the affir-
 32    mative vote of two-thirds (2/3) of the members of the  full  highway  district
 33    commission.  Ordinances  created  or  passed by the commissioners of a highway
 34    district shall be related to safety of the traveling motorist, and shall  com-
 35    ply  with  any  local,  state or federal regulations, rules or statutes. Ordi-
 36    nances created pursuant to  this  section  shall  be  confined  to  regulatory
 37    signage  for  weight, speed, height and other traffic related regulations. The
 38    style of all ordinances shall be: "BE IT ORDAINED by the board of highway dis-
 39    trict commissioners of  (.........)  County,  Idaho."  All  ordinances  passed
 40    shall, before they take effect and within one (1) month after they are passed,
 41    be  published in at least one (1) issue of a newspaper published in the county
 42    or, if no paper is published in the county, then in some paper having  general
 43    circulation  therein.  After  such  publication and before its effective date,
 44    such proposed ordinance shall not thereafter  be  amended  in  any  particular
 45    wherein the amendment shall impose terms, conditions or privileges less favor-
 46    able  to  the  highway  district than the proposed ordinance as published; but
 47    amendment favorable to the highway district may be made at any time and  after
 48    publication.  All  ordinances  passed pursuant to this section by the board of
 49    highway district commissioners may be proved by a certificate of the secretary
 50    of the highway district under the seal of the board of  the  highway  district
 51    commissioners  and  shall  be  read and received in evidence in all courts and
 52    administrative proceedings without further proof.
 53        If ordinances duly passed are printed or published  in  book  or  pamphlet
                                                                        
                                           4
                                                                        
  1    form  by  authority of the highway district commissioners, the printed or pub-
  2    lished book or pamphlet shall also be read and received  in  evidence  in  all
  3    courts and administrative proceedings without further proof. The commissioners
  4    of  the highway district may enforce such ordinances by all appropriate admin-
  5    istrative or judicial proceedings.  The clerk of the  highway  district  shall
  6    maintain an official ordinance book pursuant to section 40-1336, Idaho Code.
                                                                        
  7        SECTION  3.  That  Chapter  13,  Title 40, Idaho Code, be, and the same is
  8    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  9    ignated as Section 40-1310B, Idaho Code, and to read as follows:
                                                                        
 10        40-1310B.  SUMMARIZATION  OF  ORDINANCES PERMITTED -- REQUIREMENTS. (1) In
 11    lieu of publishing the entire ordinance under section  40-1310A,  Idaho  Code,
 12    the  highway  district  may  publish a summary of the ordinance, which summary
 13    shall be approved by the governing body and which shall include:
 14        (a)  The name of the highway district;
 15        (b)  The formal identification or citation number of the ordinance;
 16        (c)  A descriptive title;
 17        (d)  A summary of the principal provisions  of  the  ordinance,  including
 18        penalties and the effective date;
 19        (e)  Any other information necessary to provide an accurate summary; and
 20        (f)  A  statement  that the full text is available at the highway district
 21        office.
 22        (2)  Notwithstanding subsection (1) of this section, whenever any publica-
 23    tion is made under this section and the proposed or adopted ordinance contains
 24    legal descriptions, those sections containing such information shall  be  pub-
 25    lished in full and shall not be summarized. In the case of a legal description
 26    of  real  property,  the  notice  shall  also  include  the street address, or
 27    addresses of the property described, if any. In the case of a description cov-
 28    ering one (1) or more street addresses, the street addresses of the corners of
 29    the area described shall meet this requirement.  Maps may be substituted for a
 30    written legal description of property, provided such maps  contain  sufficient
 31    detail to clearly define the area with which the ordinance is concerned.
 32        (3)  Before  submission  of a summary to a newspaper for publication under
 33    this section, the legal advisor of the highway district shall  sign  a  state-
 34    ment,  which  shall  be filed with the ordinance, that the summary is true and
 35    complete and provides adequate notice to the public.
 36        (4)  The full text of any ordinance which  is  summarized  by  publication
 37    under this section shall be promptly provided by the highway district clerk to
 38    any citizen on personal request.
                                                                        
 39        SECTION  4.  That  Section 40-1336, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        40-1336.  RECORD BOOKS TO BE KEPT. The highway district board  of  commis-
 42    sioners must cause to be kept permanently and indefinitely:
 43        (1)  A  minute  book,  in  which must be recorded all orders and decisions
 44    made by them, and the proceedings at all regular and special meetings.
 45        (2)  An allowance book or disbursement journal, in which must be  recorded
 46    all  orders  for  the  payment of money from the highway district treasury, to
 47    whom made, and on what  account,  dating,  numbering  and  indexing  the  same
 48    through each year.
 49        (3)  A road book, containing all proceedings and adjudications relating to
 50    the  validation and abandonment and/or realignment of highways, public streets
 51    and public rights-of-way within the highway district highway system.
                                                                        
                                           5
                                                                        
  1        (4)  An ordinance  book,  containing  all  ordinances,  stating  the  date
  2    enacted.  In  the case of a highway district that shares jurisdiction over the
  3    secondary highways within a county, then the county clerk shall be the  keeper
  4    of  the ordinances passed by the highway districts that are situate within the
  5    county.
  6        (5)  A resolution book,  containing  all  resolutions,  stating  the  date
  7    adopted.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Ingram              
                                                                        
                                                     Seconded by Bailey              
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1287
                                                                        
  1                                AMENDMENT TO SECTION 2
  2        On page 3 of the printed bill, in line 34, delete "and"; delete  lines  35
  3    through  37  and  insert:  "ply  with any local, state or federal regulations,
  4    rules or statutes, and shall be limited to the regulation of vehicular  speed,
  5    weight,  length and height.  Ordinances created or passed under the provisions
  6    of this section shall not allow for the  imposition  of  developmental  impact
  7    fees,  nor  shall  this  section  apply  to the powers and duties conferred on
  8    countywide highway districts as identified in  chapter  14,  title  40,  Idaho
  9    Code.   The"; delete lines 45 through 47; and in line 48, delete "publication"
 10    and insert: "manner".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1287, As Amended
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HIGHWAY DISTRICTS; AMENDING SECTION 40-1310, IDAHO CODE,  TO  PRO-
  3        VIDE  ADDITIONAL  POWERS  AND  DUTIES  TO  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 FOR ORDINANCE AUTHORITY TO HIGHWAY
  6        DISTRICTS AND TO PROVIDE FOR CONTENTS OF ORDINANCES; AMENDING CHAPTER  13,
  7        TITLE  40,  IDAHO  CODE,  BY THE ADDITION OF A NEW SECTION 40-1310B, IDAHO
  8        CODE, TO ALLOW SUMMARIZATION OF ORDINANCES  UNDER  CERTAIN  CIRCUMSTANCES;
  9        AND AMENDING SECTION 40-1336, IDAHO CODE, TO PROVIDE THAT IN THE CASE OF A
 10        HIGHWAY  DISTRICT  THAT  SHARES  JURISDICTION  OVER THE SECONDARY HIGHWAYS
 11        WITHIN A COUNTY, THE COUNTY CLERK SHALL BE THE KEEPER  OF  THE  ORDINANCES
 12        PASSED BY THE HIGHWAY DISTRICTS THAT ARE SITUATE 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 functioning
 40    street  department with jurisdiction over the city streets, shall be necessary
 41    prior to the granting of acceptance or vacation of said public street or  pub-
 42    lic 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 section 40-1310A, Idaho Code, and establish regulations in  accor-
  7    dance  with the provisions of title 49, Idaho Code, and control access to said
  8    public highways, public streets and public rights-of-way.
  9        (9)  By July 1, 2000, and every five (5)  years  thereafter,  the  highway
 10    district  board  of  commissioners  shall  have published in map form and made
 11    readily available the location of all public rights-of-way under its jurisdic-
 12    tion. Any highway district board of commissioners may be granted an  extension
 13    of time with the approval of the legislature by adoption of a concurrent reso-
 14    lution.
 15        (10) In  its  discretion, the highway district may purchase equipment at a
 16    public auction, if the highway district board  of  commissioners  has  made  a
 17    finding  that such equipment may be purchased at a competitive price. Prior to
 18    the public auction, the highway district commissioners  shall,  at  a  regular
 19    meeting  of the district or at a special hearing, notice of which is published
 20    in accordance with the provisions of section 40-206, Idaho  Code,  review  any
 21    documentation available as to the items to be auctioned at the public sale and
 22    determine  which items the district may bid on, and establish a maximum amount
 23    the district will bid for such item.
                                                                        
 24        SECTION 2.  That Chapter 13, Title 40, Idaho Code, be,  and  the  same  is
 25    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 26    ignated as Section 40-1310A, Idaho Code, and to read as follows:
                                                                        
 27        40-1310A.  ORDINANCE AUTHORITY -- CREATING AND  ENACTING  ORDINANCES.  The
 28    commissioners of a highway district may pass ordinances, not repugnant to law,
 29    as  necessary,  for  carrying into effect or discharging all powers and duties
 30    conferred to a highway district pursuant to this chapter.  Ordinances  created
 31    or  passed by the commissioners of a highway district shall require the affir-
 32    mative vote of two-thirds (2/3) of the members of the  full  highway  district
 33    commission.  Ordinances  created  or  passed by the commissioners of a highway
 34    district shall be related to safety of the traveling  motorist,  shall  comply
 35    with  any local, state or federal regulations, rules or statutes, and shall be
 36    limited to the regulation of  vehicular  speed,  weight,  length  and  height.
 37    Ordinances  created  or  passed under the provisions of this section shall not
 38    allow for the imposition of developmental impact fees, nor shall this  section
 39    apply  to  the  powers and duties conferred on countywide highway districts as
 40    identified in chapter 14, title 40, Idaho Code. The style  of  all  ordinances
 41    shall  be:  "BE  IT ORDAINED by the board of highway district commissioners of
 42    (.........) County, Idaho." All ordinances  passed  shall,  before  they  take
 43    effect  and  within  one  (1)  month after they are passed, be published in at
 44    least one (1) issue of a newspaper published in the county or, if no paper  is
 45    published  in  the  county,  then  in  some  paper  having general circulation
 46    therein. After such publication and before its effective date,  such  proposed
 47    ordinance  shall not thereafter be amended in any particular manner. All ordi-
 48    nances passed pursuant to this section by the board of highway  district  com-
 49    missioners may be proved by a certificate of the secretary of the highway dis-
 50    trict  under  the  seal of the board of the highway district commissioners and
 51    shall be read and received in evidence in all courts and  administrative  pro-
 52    ceedings without further proof.
 53        If  ordinances  duly  passed  are printed or published in book or pamphlet
                                                                        
                                           4
                                                                        
  1    form by authority of the highway district commissioners, the printed  or  pub-
  2    lished  book  or  pamphlet  shall also be read and received in evidence in all
  3    courts and administrative proceedings without further proof. The commissioners
  4    of the highway district may enforce such ordinances by all appropriate  admin-
  5    istrative  or  judicial  proceedings.  The clerk of the highway district shall
  6    maintain an official ordinance book pursuant to section 40-1336, Idaho Code.
                                                                        
  7        SECTION 3.  That Chapter 13, Title 40, Idaho Code, be,  and  the  same  is
  8    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  9    ignated as Section 40-1310B, Idaho Code, and to read as follows:
                                                                        
 10        40-1310B.  SUMMARIZATION OF ORDINANCES PERMITTED -- REQUIREMENTS.  (1)  In
 11    lieu  of  publishing  the entire ordinance under section 40-1310A, Idaho Code,
 12    the highway district may publish a summary of  the  ordinance,  which  summary
 13    shall be approved by the governing body and which shall include:
 14        (a)  The name of the highway district;
 15        (b)  The formal identification or citation number of the ordinance;
 16        (c)  A descriptive title;
 17        (d)  A  summary  of  the  principal provisions of the ordinance, including
 18        penalties and the effective date;
 19        (e)  Any other information necessary to provide an accurate summary; and
 20        (f)  A statement that the full text is available at the  highway  district
 21        office.
 22        (2)  Notwithstanding subsection (1) of this section, whenever any publica-
 23    tion is made under this section and the proposed or adopted ordinance contains
 24    legal  descriptions,  those sections containing such information shall be pub-
 25    lished in full and shall not be summarized. In the case of a legal description
 26    of real property, the  notice  shall  also  include  the  street  address,  or
 27    addresses of the property described, if any. In the case of a description cov-
 28    ering one (1) or more street addresses, the street addresses of the corners of
 29    the area described shall meet this requirement.  Maps may be substituted for a
 30    written  legal  description of property, provided such maps contain sufficient
 31    detail to clearly define the area with which the ordinance is concerned.
 32        (3)  Before submission of a summary to a newspaper for  publication  under
 33    this  section,  the  legal advisor of the highway district shall sign a state-
 34    ment, which shall be filed with the ordinance, that the summary  is  true  and
 35    complete and provides adequate notice to the public.
 36        (4)  The  full  text  of  any ordinance which is summarized by publication
 37    under this section shall be promptly provided by the highway district clerk to
 38    any citizen on personal request.
                                                                        
 39        SECTION 4.  That Section 40-1336, Idaho Code, be, and the same  is  hereby
 40    amended to read as follows:
                                                                        
 41        40-1336.  RECORD  BOOKS  TO BE KEPT. The highway district board of commis-
 42    sioners must cause to be kept permanently and indefinitely:
 43        (1)  A minute book, in which must be recorded  all  orders  and  decisions
 44    made by them, and the proceedings at all regular and special meetings.
 45        (2)  An  allowance book or disbursement journal, in which must be recorded
 46    all orders for the payment of money from the  highway  district  treasury,  to
 47    whom  made,  and  on  what  account,  dating,  numbering and indexing the same
 48    through each year.
 49        (3)  A road book, containing all proceedings and adjudications relating to
 50    the validation and abandonment and/or realignment of highways, public  streets
 51    and public rights-of-way within the highway district highway system.
                                                                        
                                           5
                                                                        
  1        (4)  An  ordinance  book,  containing  all  ordinances,  stating  the date
  2    enacted. In the case of a highway district that shares jurisdiction  over  the
  3    secondary  highways within a county, then the county clerk shall be the keeper
  4    of the ordinances passed by the highway districts that are situate within  the
  5    county.
  6        (5)  A  resolution  book,  containing  all  resolutions,  stating the date
  7    adopted.

Statement of Purpose / Fiscal Impact


                  STATEMENT OF PURPOSE
                                
                       RS 13773C1
                                
The purpose of this legislation is to amend Idaho Code to
provide additional powers and duties to highway district
commissioners by allowing the imposition of ordinance
authority. This new authority would allow highway district
commissioners to better regulate their highway systems.
    
    
    
    
                     FISCAL IMPACT
                                
None
    
    
Contact
    
Name:   Stuart Davis
Agency: Idaho Association of Highway Districts
Phone:  208-345-5176                            S 1287