HomeMy WebLinkAboutIdaho State Legislature 2021 Session S1149LEGISLATURE OF THE STATE OF IDAHO
Sixty-sixth Legislature First Regular Session -2021
IN THE SENATE
SENATE BILL NO.1149
BY STATE AFFAIRS COMMITTEE
AN ACT1
RELATING TO BROADBAND COMMUNICATIONS INFRASTRUCTURE AND SYSTEMS;AMENDING2
CHAPTER 3,TITLE 50,IDAHO CODE,BY THE ADDITION OF A NEW SECTION 50-346,3
IDAHO CODE,TO PROVIDE CERTAIN POWERS AND AUTHORITY TO A MUNICIPALITY4
REGARDING BROADBAND COMMUNICATIONS INFRASTRUCTURE AND SYSTEMS,TO PRO-5
VIDE THAT A MUNICIPALITY SHALL ACCOUNT FOR CERTAIN MONEYS,TO PROHIBIT A6
MUNICIPALITY FROM USING EMINENT DOMAIN,TO PROVIDE THAT A MUNICIPALITY7
SHALL NOT BE LIMITED IN THE USE OF OTHER POWERS,AND TO DEFINE TERMS;AND8
DECLARING AN EMERGENCY.9
Be It Enacted by the Legislature of the State of Idaho:10
SECTION 1.That Chapter 3,Title 50,Idaho Code,be,and the same is11
hereby amended by the addition thereto of a NEW SECTION,to be known and des-12
ignated as Section 50-346,Idaho Code,and to read as follows:13
50-346.BROADBAND COMMUNICATIONS INFRASTRUCTURE AND SYSTEMS.(1)14
A municipality shall have the express authority to establish,create,15
develop,acquire,finance,construct,equip,lease,own,maintain,and op-16
erate broadband communications infrastructure and systems.17
(2)In furtherance of the authority granted in this section,each18
municipality shall,in addition to the powers otherwise granted to the mu-19
nicipality under the laws of the state of Idaho,have the following powers20
together with all powers incidental thereto or necessary for the purpose21
thereof:22
(a)To enter into contracts,leases,and other agreements with any23
body,public or private,including communications service providers,24
to provide access to rights-of-way,poles,or conduits owned,leased,25
or operated by the municipality or otherwise related to municipal26
broadband communications infrastructure and systems;27
(b)To construct or repair broadband communications infrastructure28
with the municipality's own employees pursuant to section 67-2804(2),29
Idaho Code,or to procure construction or repair of broadband communi-30
cations infrastructure as provided in section 67-2805,Idaho Code;31
(c)To receive grants,private donations,state or federal dollars,or32
other revenues,including from private parties for broadband communi-33
cations infrastructure and systems;and34
(d)To do all things necessary and convenient to carry out the purposes35
of this section.36
(3)A municipality shall account for revenues,expenses,property,and37
source of investment moneys associated with broadband communications infra-38
structure and systems,including with regard to cost accounting principles,39
in accordance with the laws of the state of Idaho governing such municipality40
and applicable standards of government accounting.41
2
(4)A municipality shall not acquire by eminent domain the facilities1
or other property of any private communications service provider.2
(5)Nothing in this section shall be construed as a restriction or lim-3
itation upon any powers that any municipality might otherwise have under the4
laws of the state of Idaho.5
(6)As used in this section:6
(a)"Broadband communications infrastructure and systems"means7
infrastructure,systems,and networks for the provision of communica-8
tions,including but not limited to the provision of cable,telecom-9
munications,broadband,data,data transport,data transmission,or10
high-speed internet equipment,regardless of the technology used to11
deliver the communication.12
(b)"Municipality"means any county,incorporated city,or port dis-13
trict within the state of Idaho.14
SECTION 2.An emergency existing therefor,which emergency is hereby15
declared to exist,this act shall be in full force and effect on and after its16
passage and approval.17