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S1298......................................by LOCAL GOVERNMENT AND TAXATION SOLID WASTE DISPOSAL - Amends existing law to authorize boards of county commissioners and cities to operate and maintain solid waste systems by exclusive or nonexclusive means. 02/10 Senate intro - 1st rdg - to printing 02/11 Rpt prt - to Loc Gov 02/19 Rpt out - rec d/p - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 02/25 3rd rdg - PASSED - 33-0-2 AYES -- 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, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Geddes, Pearce Floor Sponsor - Compton Title apvd - to House 02/26 House intro - 1st rdg - to Loc Gov 03/09 Rpt out - rec d/p - to 2nd rdg 03/10 2nd rdg - to 3rd rdg 03/11 3rd rdg - PASSED - 62-2-6 AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black, Block, Boe, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30) Smith(24), Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Bolz, Moyle Absent and excused -- Bauer, Deal, Harwood, Kulczyk, Robison, Smylie Floor Sponsor - Bradford Title apvd - to Senate 03/12 To enrol 03/15 Rpt enrol - Pres signed 03/16 Sp signed 03/17 To Governor 03/23 Governor signed Session Law Chapter 144 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004 IN THE SENATE SENATE BILL NO. 1298 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO SOLID WASTE DISPOSAL SYSTEMS; AMENDING SECTION 31-4403, IDAHO 3 CODE, TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS TO OPERATE AND MAIN- 4 TAIN SYSTEMS BY EXCLUSIVE OR NONEXCLUSIVE MEANS AND TO MAKE TECHNICAL COR- 5 RECTIONS; AND AMENDING SECTION 50-344, IDAHO CODE, TO AUTHORIZE CITIES TO 6 OPERATE AND MAINTAIN SYSTEMS BY EXCLUSIVE OR NONEXCLUSIVE MEANS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 31-4403, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 31-4403. OPERATION AND MAINTENANCE. It shall be the duty of the board of 11 county commissioners in each of the several counties to acquire sites or 12 facilities, and maintain and operate solid waste disposal systems. Such main- 13 tenance and operation may, by exclusive or nonexclusive means, be performed 14 through or by: 15 (1) Employees, facilities, equipment and supplies hired by or acquired by 16 the board of county commissioners; 17 (2) Contracts, franchises or otherwise, entered into by the board to have 18 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, franchises or otherwise, granted pursuant to law by the 22 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, franchise or otherwise, provided for under subsection (2) of this sec- 30 tion, or any contract, franchise or otherwise, awarded under subsection (4) of 31 this section, with or without compulsory competitive bidding; 32 (7) The board of county commissioners before entering into such con- 33 tracts, franchises or otherwise may require such security for the performance 34 thereof as it deems appropriate or may waive such undertaking. 35 SECTION 2. That Section 50-344, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 50-344. SOLID WASTE DISPOSAL. (1) Cities shall have the power to maintain 38 and operate solid waste collection systems. Such maintenance and operation 39 may, by exclusive or nonexclusive means, be performed by: 40 (a) Employees, facilities, equipment and supplies engaged or acquired by 41 cities; 2 1 (b) Contracts, franchises or otherwise providing maintenance and opera- 2 tion performed by private persons; 3 (c) Contracts providing for maintenance and operation performed by 4 another unit of government; 5 (d) Contracts, franchises or otherwise for maintenance and operation that 6 may provide solid waste collection for all or geographic parts of a city; 7 (e) Any combination of paragraphs (a), (b), (c), and (d) of this section. 8 (2) Upon a finding by the mayor or city manager for public safety or nec- 9 essary protection of public health and welfare and property, the provisions of 10 section 50-341, Idaho Code, shall not apply to solid waste collection, as pro- 11 vided herein. 12 (3) Before entering into such contracts, franchises or otherwise, a city 13 may require such security for the performance thereof as it deems appropriate 14 or may waive such undertaking.
STATEMENT OF PURPOSE RS 13941 This bill amends Idaho Code Sections 31-4403 and 50-344 to clarify legislative intent to continue to allow counties and cities to maintain and operate solid waste systems by exclusive or non-exclusive means. 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 STATEMENT OF PURPOSE/FISCAL NOTE S 1298