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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
]]]] 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.
]]]] 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".
]]]] 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
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