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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