2006 Legislation
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SENATE BILL NO. 1348 – Hwy dist comm, vacancy

SENATE BILL NO. 1348

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Bill Status



S1348.....................................................by TRANSPORTATION
HIGHWAY DISTRICTS - Amends existing law relating to highway districts to
provide for determination and declaration of a vacancy in the office of
highway district commissions; and to provide qualifications for the office
of highway district commissioner.
                                                                        
02/03    Senate intro - 1st rdg - to printing
02/06    Rpt prt - to Transp
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Keough
    Floor Sponsor - Corder
    Title apvd - to House
02/23    House intro - 1st rdg - to Transp
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 60-0-10
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Collins, Deal, Denney, Edmunson, Eskridge, Field(18),
      Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Kemp, Lake,
      LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller,
      Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Ringo, Roberts, Rusche, Rydalch, Sali, Shepherd(2), Shepherd(8),
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Trail, Wood
      NAYS -- None
      Absent and excused -- Black, Clark, Crow, Ellsworth, Harwood, Ring,
      Sayler, Schaefer, Wills, Mr. Speaker
    Floor Sponsor - Nielsen
    Title apvd - to Senate
03/16    To enrol
03/17    Rpt enrol - Pres signed - Sp signed
03/20    To Governor
03/22    Governor signed
         Session Law Chapter 165
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1348
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HIGHWAY DISTRICTS; AMENDING SECTION 40-1304, IDAHO CODE,  TO  PRO-
  3        VIDE FOR DETERMINATION AND DECLARATION OF A VACANCY IN THE OFFICE OF HIGH-
  4        WAY DISTRICT COMMISSIONER AND TO MAKE TECHNICAL CHANGES; AND AMENDING SEC-
  5        TION  40-1305C,  IDAHO  CODE,  TO PROVIDE QUALIFICATIONS FOR THE OFFICE OF
  6        HIGHWAY DISTRICT COMMISSIONER AND TO MAKE A TECHNICAL CHANGE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 40-1304, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        40-1304.  DIVISION  OF DISTRICTS INTO SUBDISTRICTS -- VACANCY IN OFFICE OF
 11    HIGHWAY COMMISSIONER. (1)  At the meeting of the county commissioners at which
 12    the highway district is declared organized, the commissioners shall divide the
 13    highway district into three (3) subdistricts, as nearly equal  in  population,
 14    area  and mileage as practicable, to be known as highway commissioners subdis-
 15    tricts one, two and three. Subdistricts may be  revised  or  modified  by  the
 16    highway  district commissioners as changes in conditions demand. Not more than
 17    one (1) of the highway district commissioners shall be an elector of the  same
 18    highway subdistrict. The first highway district commissioners appointed by the
 19    governor  shall serve until the next highway district election, at which their
 20    successors shall be elected. The highway commissioners shall  take  office  on
 21    October 1 following their election.
 22        (2)  Any  vacancy  occurring  in the office of highway commissioner, other
 23    than by expiration of the term of office, shall be determined by the remaining
 24    highway district commissioners  using  the  criteria  established  in  section
 25    59-901,  Idaho Code. If it is determined that a vacancy has occurred, the com-
 26    missioners shall declare there is a vacancy and such vacancy shall  be  filled
 27    by the highway district board and be for the balance of the term of the person
 28    replaced.  If the remaining highway district commissioners are unable to agree
 29    on a person to fill the vacancy within ten (10) days after the vacancy occurs,
 30    the chairman of the county commissioners of the county with the largest number
 31    of electors in the highway district shall then become a member of the  highway
 32    district  board  for the purpose of filling the vacancy only. If a majority of
 33    the highway district board so constituted shall be unable to agree upon a per-
 34    son to fill the vacancy within ten (10) days, or if two (2) or more  vacancies
 35    shall  occur  in the board of highway commissioners at one (1) time, a special
 36    election to fill the vacancy shall be called and held in the same manner  pro-
 37    vided  by  law  for the holding of elections for highway commissioners, except
 38    that the date of the election shall be as soon as  possible,  and  all  duties
 39    imposed  by  law  upon the highway district board in connection with elections
 40    shall be performed by the county commissioners.
 41        (3)  When there are two (2) or more  vacancies  on  the  highway  district
 42    board  at  the  same time, the chairman of the county commissioners along with
 43    the additional  county  commissioners  that  the  county  commission  chairman
                                                                        
                                           2
                                                                        
  1    appoints, and with the remaining highway district commissioner, if applicable,
  2    shall constitute a temporary board of highway district commissioners. The tem-
  3    porary  board  of  highway  district  commissioners  shall  perform the duties
  4    required by law of a highway district board of commissioners until  the  newly
  5    elected highway commissioners take office.
                                                                        
  6        SECTION  2.  That Section 40-1305C, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        40-1305C.  DECLARATION OF CANDIDACY -- QUALIFICATIONS. (1)  Candidates for
  9    election as a highway district commissioner shall be nominated  by  nominating
 10    petitions,  each  of which shall bear the name of the nominee, the subdistrict
 11    for which the nomination is made, the term for which nomination is made,  bear
 12    the  signature  of not less than five (5) electors of the candidate's specific
 13    subdistrict, and be filed with the election official of the highway  district.
 14    The  form of the nominating petition shall be as provided by the county clerk.
 15    The nomination shall be filed not later than 5:00 p.m.  on  the  sixth  Friday
 16    preceding the election for which the nomination is made. The election official
 17    shall  verify the qualifications of the nominee, and shall not more than seven
 18    (7) days following the filing certify the nominees to be placed on the ballot.
 19        (2)  A nominee shall qualify for the office of  highway  district  commis-
 20    sioner if such nominee:
 21        (a)  Has  attained  the  age  of  twenty-one (21) years at the time of his
 22        election; and
 23        (b)  Is a citizen of the United States; and
 24        (c)  Is a resident of the highway district commissioner's subdistrict  for
 25        which he seeks office.

Statement of Purpose / Fiscal Impact



                    STATEMENT OF PURPOSE

                         RS 15780

The purpose of this legislation is to clarify certain provisions
of law regarding Highway District Commissioners. Specifically,
the qualifications for holding and maintaining the office and the
process for declaring a vacancy in the event of disqualification.



                         FISCAL IMPACT


There is no fiscal impact to the State General Fund or local
governments.







Contact
Name:     Senator Tim Corder
Phone:    599-0427
          Rep.Rich Wills
          Rep. Pete Nielsen



STATEMENT OF PURPOSE/FISCAL NOTE                         S 1348