Amends existing law to provide that a single county-wide highway district's service area shall expand to include annexed territory.

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CONFLICT SUPERSEDED.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,	11
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

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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	11
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

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