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 ACT1 RELATING TO SINGLE COUNTY-WIDE HIGHWAY DISTRICTS; AMENDING SECTION 40-1406,2 IDAHO CODE, TO ESTABLISH A PROVISION REGARDING DISTRICT BOUNDARIES; AND3 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 hereby6 amended to read as follows:7 40-1406. POWERS AND DUTIES OF HIGHWAY COMMISSIONERS -- ONE HIGHWAY8 DISTRICT IN COUNTY -- HIGHWAY POWERS OF CITIES IN COUNTY ABOLISHED -- LAWS IN9 CONFLICT SUPERSEDED. (1) The highway commissioners of a county-wide highway10 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 levies12 as provided by chapter 8, title 40, Idaho Code. Only one (1) county-wide13 highway district shall be operative within a county where the electorate has14 voted affirmatively for the formation of a county-wide highway district.15 The district shall specifically be responsible for all county secondary16 and city highways and is hereby recognized as a body politic of this state.17 Notwithstanding any other provision of Idaho Code, the highway district18 may operate and expand an established public van and carpooling program,19 rideshare platform, or park-and-ride facility. No city included within a20 county-wide highway district shall maintain or supervise any city highways21 or levy any ad valorem taxes for the construction, repair or maintenance of22 city highways. No highway district included within a county-wide highway23 district shall maintain any secondary highways or levy any ad valorem taxes24 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 the26 provisions of this chapter, the provisions of this chapter shall control and27 supersede all such laws. However, within the limits of any city, the city28 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 any30 highway of the county-wide highway district.31 (2) If a city that is included within a county-wide highway district32 annexes territory within the boundaries of an adjoining county within the33 state, the single county-wide highway district's service area shall expand34 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 affirmative41 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 by1 the board of highway district commissioners of (........) County, Idaho."2 All ordinances passed shall, before they take effect and within one (1) month3 after they are passed, be published in at least one (1) issue of a newspaper4 published in the county or, if no paper be published in the county, then in5 some paper having general circulation therein. After such publication and6 before its effective date, such proposed ordinance shall not thereafter be7 amended wherein the amendment shall impose terms, conditions or privileges8 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 passed11 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-wide13 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 courts15 and administrative proceedings without further proof. If ordinances duly16 passed are printed or published in book or pamphlet form by authority of the17 county-wide highway district commissioners, the printed or published book18 or pamphlet shall also be read and received in evidence in all courts and ad-19 ministrative proceedings without further proof. The commissioners of the20 county-wide highway district may enforce such ordinances by all appropriate21 administrative or judicial proceedings.22

SECTION 2. An emergency existing therefor, which emergency is hereby23 declared to exist, this act shall be in full force and effect on and after24 July 1, 2026.25