40-1304. DIVISION OF DISTRICTS INTO SUBDISTRICTS — VACANCY IN OFFICE OF HIGHWAY COMMISSIONER. (1) At the meeting of the county commissioners at which the highway district is declared organized, the commissioners shall divide the highway district into three (3) subdistricts, as nearly equal in population, area and mileage as practicable, to be known as highway commissioners subdistricts one, two and three. Subdistricts may be revised or modified by the highway district commissioners as changes in conditions demand. Not more than one (1) of the highway district commissioners shall be an elector of the same highway subdistrict. The first highway district commissioners appointed by the governor shall serve until the next highway district election, at which their successors shall be elected. The highway commissioners shall take office on July 1 following their election.
(2) Any vacancy occurring in the office of highway commissioner, other than by expiration of the term of office, shall be determined by the remaining highway district commissioners using the criteria established in section 59-901, Idaho Code. If it is determined that a vacancy has occurred, the commissioners shall declare there is a vacancy and such vacancy shall be filled by the highway district board and be for the balance of the term of the person replaced. If the remaining highway district commissioners are unable to agree on a person to fill the vacancy within thirty (30) days after the vacancy occurs, the chairman of the county commissioners of the county with the largest number of electors in the highway district shall then become a member of the highway district board for the purpose of filling the vacancy only. If a majority of the highway district board so constituted shall be unable to agree upon a person to fill the vacancy within thirty (30) days, or if two (2) or more vacancies shall occur in the board of highway commissioners at one time, a special election to fill the vacancy shall be called and held in the same manner provided by law for the holding of elections for highway commissioners, except that the date of the election shall be as soon as possible, and all duties imposed by law upon the highway district board in connection with elections shall be performed by the county commissioners.
(3) When there are two (2) or more vacancies on the highway district board at the same time, the chairman of the county commissioners, along with the additional county commissioners that the county commission chairman appoints, and with the remaining highway district commissioner, if applicable, shall constitute a temporary board of highway district commissioners. The temporary board of highway district commissioners shall perform the duties required by law of a highway district board of commissioners until the newly elected highway commissioners take office.
History:
[40-1304, added 1985, ch. 253, sec. 2, p. 647; am. 1994, ch. 123, sec. 2, p. 276; am. 1999, ch. 332, sec. 3, p. 896; am. 2006, ch. 165, sec. 1, p. 499; am. 2009, ch. 341, sec. 74, p. 1040; am. 2011, ch. 11, sec. 23, p. 36; am. 2017, ch. 212, sec. 1, p. 515.]
Structure Idaho Code
Title 40 - HIGHWAYS AND BRIDGES
Chapter 13 - HIGHWAY DISTRICTS
Section 40-1301 - DISTRICTS AS NOW ORGANIZED VALIDATED.
Section 40-1302 - COUNTY DIVISION OR CHANGE IN BOUNDARIES — JOINT HIGHWAY DISTRICT FORMED.
Section 40-1303 - HIGHWAY COMMISSIONERS — APPOINTMENT — OATH.
Section 40-1305 - ELECTION OF HIGHWAY COMMISSIONERS — TERM OF OFFICE.
Section 40-1305A - ELECTION ADMINISTRATION.
Section 40-1305B - BOARD OF COMMISSIONERS — ONE NOMINATION — NO ELECTION.
Section 40-1305C - DECLARATION OF CANDIDACY — QUALIFICATIONS.
Section 40-1306 - ORGANIZATION OF HIGHWAY COMMISSIONERS — MEETINGS — OFFICERS — OFFICIAL BONDS.
Section 40-1306C - HIGHWAY DISTRICT RECORDS — OPEN TO THE PUBLIC.
Section 40-1307 - HIGHWAY DISTRICTS ARE BODIES CORPORATE.
Section 40-1309 - CORPORATE POWERS OF HIGHWAY DISTRICTS.
Section 40-1310 - POWERS AND DUTIES OF HIGHWAY DISTRICT COMMISSIONERS.
Section 40-1311 - JURISDICTION OF HIGHWAY DISTRICT COMMISSIONERS.
Section 40-1312 - GRANT OF POWERS TO BE LIBERALLY CONSTRUED.
Section 40-1313 - DISTRICT HAS LEGAL TITLE TO PROPERTY.
Section 40-1314 - COMPENSATION OF HIGHWAY DISTRICT COMMISSIONERS, OFFICERS, AGENTS AND EMPLOYEES.
Section 40-1315 - COST OF HIGHWAYS — EQUITABLE DIVISION AMONG BENEFITED DISTRICTS.
Section 40-1316 - ANNUAL REPORT OF HIGHWAY DISTRICT.
Section 40-1317 - ANNUAL FINANCIAL STATEMENT OF DISTRICT — AUDIT.
Section 40-1319 - DIRECTOR OF HIGHWAYS — APPOINTMENT — QUALIFICATIONS — OATH.
Section 40-1320 - DIRECTORS OF HIGHWAYS — DEPUTY DIRECTORS — APPOINTMENT — DUTIES.
Section 40-1322 - CREATION OF LOCAL IMPROVEMENT DISTRICTS.
Section 40-1323 - CITIES INCLUDED IN HIGHWAY DISTRICTS — POWERS AND DUTIES OF CITY COUNCIL.
Section 40-1324 - JURISDICTION OVER INCLUDED TERRITORY.
Section 40-1325 - ADOPTION OF BUDGET — PUBLIC HEARING.
Section 40-1326 - NOTICE OF BUDGET HEARING.
Section 40-1327 - PUBLIC INSPECTION OF BUDGET.
Section 40-1328 - QUORUM OF HIGHWAY COMMISSIONERS AT BUDGET HEARING — OBJECTIONS.
Section 40-1330 - FISCAL YEAR.
Section 40-1333 - CITIES — HIGHWAY RESPONSIBILITY.
Section 40-1336 - RECORD BOOKS TO BE KEPT.
Section 40-1337 - CLASSIFICATION AND RETENTION OF RECORDS.
Section 40-1337A - PHOTOGRAPHIC OR DIGITAL STORAGE AND USE OF HIGHWAY DISTRICT RECORDS.