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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 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