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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 - 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
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