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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
804
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
SINGLE
COUNTY
-
WIDE
HIGHWAY
DISTRICTS;
AMENDING
SECTION
40
-
1406,
2
IDAHO
CODE,
TO
ESTABLISH
A
PROVISION
REGARDING
DISTRICT
BOUNDARIES;
AND
3
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
40
-
1406,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
40
-
1406.
POWERS
AND
DUTIES
OF
HIGHWAY
COMMISSIONERS
-
-
ONE
HIGHWAY
8
DISTRICT
IN
COUNTY
-
-
HIGHWAY
POWERS
OF
CITIES
IN
COUNTY
ABOLISHED
-
-
LAWS
IN
9
CONFLICT
SUPERSEDED.
(1)
The
highway
commissioners
of
a
county
-
wide
highway
10
district
shall
exercise
all
of
the
powers
and
duties
provided
in
chapter
13,
1
1
title
40,
Idaho
Code,
and
are
empowered
to
make
highway
ad
valorem
tax
levies
12
as
provided
by
chapter
8,
title
40,
Idaho
Code.
Only
one
(1)
county
-
wide
13
highway
district
shall
be
operative
within
a
county
where
the
electorate
has
14
voted
affirmatively
for
the
formation
of
a
county
-
wide
highway
district.
15
The
district
shall
specifically
be
responsible
for
all
county
secondary
16
and
city
highways
and
is
hereby
recognized
as
a
body
politic
of
this
state.
17
Notwithstanding
any
other
provision
of
Idaho
Code,
the
highway
district
18
may
operate
and
expand
an
established
public
van
and
carpooling
program,
19
rideshare
platform,
or
park
-
and
-
ride
facility.
No
city
included
within
a
20
county
-
wide
highway
district
shall
maintain
or
supervise
any
city
highways
21
or
levy
any
ad
valorem
taxes
for
the
construction,
repair
or
maintenance
of
22
city
highways.
No
highway
district
included
within
a
county
-
wide
highway
23
district
shall
maintain
any
secondary
highways
or
levy
any
ad
valorem
taxes
24
for
the
construction,
repair
or
maintenance
of
highways.
Wherever
any
pro
-
25
visions
of
the
existing
laws
of
the
state
of
Idaho
are
in
conflict
with
the
26
provisions
of
this
chapter,
the
provisions
of
this
chapter
shall
control
and
27
supersede
all
such
laws.
However,
within
the
limits
of
any
city,
the
city
28
may
expend
city
funds
for
the
placement,
care
and
removal
of
trees,
shrubs,
29
grass,
and
other
plants
that
are
located
within
the
rights
-
of
-
way
of
any
30
highway
of
the
county
-
wide
highway
district.
31
(2)
If
a
city
that
is
included
within
a
county
-
wide
highway
district
32
annexes
territory
within
the
boundaries
of
an
adjoining
county
within
the
33
state,
the
single
county
-
wide
highway
district's
service
area
shall
expand
34
to
include
the
annexed
area
of
such
city.
35
(3)
The
commissioners
of
a
county
-
wide
highway
district
may
pass
or
-
36
dinances
and
rules
and
make
all
regulations,
not
repugnant
to
law,
as
nec
-
37
essary,
for
carrying
into
effect
or
discharging
all
powers
and
duties
con
-
38
ferred
to
a
county
-
wide
highway
district
pursuant
to
this
chapter
and
chap
-
39
ter
13,
title
40,
Idaho
Code.
All
ordinances
created
or
passed
by
the
com
-
40
missioners
of
a
county
-
wide
highway
district
shall
require
the
affirmative
41
vote
of
two
-
thirds
(2/3)
of
the
members
of
the
full
county
-
wide
highway
dis
-
42
2
trict
commission.
The
style
of
all
ordinances
shall
be:
"BE
IT
ORDAINED
by
1
the
board
of
highway
district
commissioners
of
(........)
County,
Idaho."
2
All
ordinances
passed
shall,
before
they
take
effect
and
within
one
(1)
month
3
after
they
are
passed,
be
published
in
at
least
one
(1)
issue
of
a
newspaper
4
published
in
the
county
or,
if
no
paper
be
published
in
the
county,
then
in
5
some
paper
having
general
circulation
therein.
After
such
publication
and
6
before
its
effective
date,
such
proposed
ordinance
shall
not
thereafter
be
7
amended
wherein
the
amendment
shall
impose
terms,
conditions
or
privileges
8
less
favorable
to
the
county
-
wide
highway
district
than
the
proposed
ordi
-
9
nance
as
published;
but
amendment
favorable
to
the
county
-
wide
highway
dis
-
10
trict
may
be
made
at
any
time
and
after
publication.
All
ordinances
passed
1
1
pursuant
to
this
section
by
the
board
of
county
-
wide
highway
district
com
-
12
missioners
may
be
proved
by
a
certificate
of
the
secretary
of
the
county
-
wide
13
highway
district
under
the
seal
of
the
board
of
the
county
-
wide
highway
dis
-
14
trict
commissioners
and
shall
be
read
and
received
in
evidence
in
all
courts
15
and
administrative
proceedings
without
further
proof.
If
ordinances
duly
16
passed
are
printed
or
published
in
book
or
pamphlet
form
by
authority
of
the
17
county
-
wide
highway
district
commissioners,
the
printed
or
published
book
18
or
pamphlet
shall
also
be
read
and
received
in
evidence
in
all
courts
and
ad
-
19
ministrative
proceedings
without
further
proof.
The
commissioners
of
the
20
county
-
wide
highway
district
may
enforce
such
ordinances
by
all
appropriate
21
administrative
or
judicial
proceedings.
22
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
23
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
24
July
1,
2026.
25