Print Friendly HOUSE BILL NO. 527
– Highway dist comm, term of office
HOUSE BILL NO. 527
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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
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - to Transp
]]]] 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-
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
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
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
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
There is no fiscal impact to the state general fund.
Name: Stuart O. Davis
Executive Director, Idaho Association of Highway
Statement of Purpose/Fiscal Impact H 527