2008 Legislation
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HOUSE BILL NO. 527<br /> – Highway dist comm, term of office

HOUSE BILL NO. 527

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Bill Status



H0527.........................................by TRANSPORTATION AND DEFENSE
HIGHWAY DISTRICT - Amends existing law relating to highway district
commissioners to provide that an alternative term of office may be adopted
upon agreement of a majority of the existing board of highway district
commissioners.

02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Transp

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 527

                          BY TRANSPORTATION AND DEFENSE COMMITTEE

  1                                        AN ACT
  2    RELATING TO HIGHWAY DISTRICT COMMISSIONERS; AMENDING  SECTION  40-1305,  IDAHO
  3        CODE,  TO  PROVIDE  THAT AN ALTERNATIVE TERM OF OFFICE MAY BE ADOPTED UPON
  4        AGREEMENT OF A MAJORITY OF THE EXISTING BOARD OF HIGHWAY DISTRICT  COMMIS-
  5        SIONERS.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That  Section 40-1305, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        40-1305.  ELECTION OF HIGHWAY COMMISSIONERS -- TERM OF OFFICE. (1) On  the
 10    first  Tuesday  of August of the next odd-numbered year following the appoint-
 11    ment of the first highway district commissioners, commissioners  from  subdis-
 12    tricts  one  and  two shall be elected for a term of two (2) years. Thereafter
 13    the term of office of all commissioners shall be four (4) years. Highway  dis-
 14    trict  commissioners elected prior to January 1, 1994, for a term to expire on
 15    January 1, 1996, shall continue in office until October 1, 1995. Highway  dis-
 16    trict  commissioners elected prior to January 1, 1994, for a term to expire on
 17    January 1, 1998, shall continue in office until October 1, 1997. Elections for
 18    commissioners of each of the subdistricts shall continue on the schedule  pre-
 19    viously established.
 20        (2)  Alternative election of highway commissioners -- Term of office.
 21        (a)  Notwithstanding subsection (1) of this section, highway district com-
 22        missioners may, upon the unanimous agreement of a majority of the existing
 23        board  of  highway  district  commissioners,  adopt an alternative term of
 24        office, whereby a single highway district commissioner  shall  be  elected
 25        each  year for three (3) years and in the fourth year no election shall be
 26        held.
 27        (b)  An election pursuant to paragraph (a) of  this  subsection  shall  be
 28        conducted in the following manner:
 29             (i)   The  commissioner representing subdistrict one shall be elected
 30             for a term of four (4) years upon  the  expiration  of  the  existing
 31             term;
 32             (ii)  The  commissioner representing subdistrict two shall be elected
 33             for a term of five (5) years upon  the  expiration  of  the  existing
 34             term; and
 35             (iii) Each  year  thereafter,  one (1) commissioner shall be elected,
 36             except for the fourth year when no election shall be held.
 37        (c)  If an alternative election is held pursuant to this  subsection,  the
 38        highway  district  shall  not revert to the former manner of elections and
 39        terms of office until eight (8) years after such election.
 40    Each highway commissioner shall be elected on a district wide basis.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE

                          RS 17676
                              
  This legislation amends Idaho Code, Title 40, Chapter 1305,
  to amend the requirement for a unanimous agreement of a
  board of highway district commissioners regarding adoption
  of an alternative election cycle.  The new language would
  require a majority agreement of the board of highway
  district commissioners.
                           
  
                         FISCAL NOTE

    There is no fiscal impact to the state general fund.
  
  
                                          
       
                                
  
   
  Contact
  Name:     Stuart O. Davis
            Executive Director, Idaho Association of Highway
            Districts 
  Phone:    345-5176
                                 
  
  
  
  Statement of Purpose/Fiscal Impact                   H 527