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S1469.....................................................by TRANSPORTATION
STATE HIGHWAYS - Amends existing law to provide references to local highway
jurisdictions instead of cities in the statutes relating to construction
and maintenance of state highways.
02/13 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Transp
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Sorensen
Floor Sponsor - Lee
Title apvd - to House
03/04 House intro - 1st rdg - to Transp
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 62-1-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Boe, Bruneel, Campbell, Chase, Clark, Crane, Cuddy, Deal,
Denney, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen,
Henbest, Hornbeck, Jaquet, Jones(22), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson,
Stoicheff, Stone, Stubbs, Taylor, Tippets, Trail, Watson, Wheeler,
Wood, Zimmermann
NAYS -- Jones(20)
Absent and excused -- Black(23), Callister, Crow, Ellsworth,
Jones(9), Tilman, Mr Speaker
Floor Sponsor - Bruneel
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 258
Effective: 07/01/98
S1469|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1469 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO HIGHWAYS; AMENDING SECTION 40-310, IDAHO CODE, TO INCORPORATE REF- 3 ERENCES TO LOCAL HIGHWAY JURISDICTIONS RATHER THAN CITIES AND TO MAKE 4 TECHNICAL CORRECTIONS; AND AMENDING SECTION 40-502, IDAHO CODE, TO CLARIFY 5 MAINTENANCE REQUIREMENTS FOR STATE HIGHWAYS WITHIN LOCAL HIGHWAY JURISDIC- 6 TIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 40-310, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 40-310. POWERS AND DUTIES -- STATE HIGHWAY SYSTEM. The board shall: 11 (1) Determine which highways in the state, or sections of highways, shall 12 be designated and accepted for the purpose of this title as a part of the 13 state highway system. 14 (a) In determining which highways or section of highways shall be a part 15 of the state highway system, the board shall consider the relative impor- 16 tance of each highway to cities, existing business, industry and enter- 17 prises and to the development of cities, natural resources, industry and 18 agriculture and be guided by statistics on existing and projected traffic 19 volumes. The board shall also consider the safety and convenience of high- 20 way users, the common welfare of the people of the state, and of the cit- 21 ies within the state and the financial capacity of the state of Idaho to 22 acquire rights-of-way and to construct, reconstruct and maintain state 23 highways. In making a determination, the board must, before it can aban- 24 don, relocate, or replace by a new highway, any highway serving or tra- 25 versing any city, or the area in which the city is located, specifically 26 find and determine that the benefits to the state of Idaho are greater 27 than the economic loss and damage to the city affected. No highway serving 28 or traversing any city shall be abandoned, relocated or replaced by a new 29 highway serving the area in which a city is located without the board 30 first holding a public hearing in that city. Written notice setting forth 31 the action proposed to be taken by the board shall be served upon the 32 mayor of any city affected, and upon all property owners from which acqui- 33 sition of right-of-way is necessary and from which that property must be 34 purchased, by certified or registered mail, and shall also be published in 35 at least one (1) issue of a newspaper published and of general circulation 36 in each city affected. If there is no newspaper published in the city, 37 then a notice shall be posted in three (3) of the most public places in 38 the city. The notice shall contain a statement of any action contemplated 39 by the board affecting the city or property owner, and shall specify the 40 time and place of the hearing. At the hearing a property owner from which 41 right-of-way is necessary to be acquired and from which that property must 42 be purchased, and the governing body of any city affected may appear, 43 voice objections to the action proposed to be taken by the board, and may 2 1 present evidence and call witnesses in support of their objections. The 2 board shall give consideration to the protests and objections and make a 3 written decision determining whether or not the proposed action would be 4 of greater benefit to the state of Idaho than the economic loss and damage 5 resulting to the city. The board shall serve a written decision upon the 6 governing body of any affected city and property owners within ten (10) 7 days following the completion of the hearing, and no action shall be taken 8 by the board prior to the service of the written decision. 9 (b) Within ten (10) days after the written decision has been served, an 10 appeal may be taken from the decision by the person from whom the property 11 must be purchased, the interested city, board of county commissioners, or 12 highway district commissioners to the district court in and for the county 13 in which the city affected by the order is located. The appeal shall be 14 taken and perfected in the following manner: 15 1. The appellant shall file with the clerk of the district court of 16 the proper county, and serve upon the board, notice specifying the 17 grounds of appeal, and a certified copy of the decision of the board 18 appealed from. The district court shall then have jurisdiction of the 19 matter and may make any order or judgment that the equities of the 20 case require. Upon the appeal being perfected, the appeal shall 21 receive a preferential place on the calendar of the district court. 22 2. The appeal shall be heard and determined by the district court in 23 a summary manner as in a suit in equity, and the trial shall be a 24 trial de novo on the issues framed. The court may affirm, reverse, or 25 modify the order appealed from and may issue injunctions whenever it 26 appears necessary for the protection of the interests of any party to 27 the appeal. 28 3. No bond or undertaking shall be required of any party appealing 29 under any of the provisions of this section. 30 4. The filing fees required in the district court shall be the same 31 as is provided for filing cases originally in the court. 32 (c) Any final order or judgment of the district court under this subsec- 33 tion shall be appealable to the supreme court of the state of Idaho within 34 thirty (30) days following the entry of the final order or judgment in the 35 same manner as appeals in civil actions are taken to theS36s upremeCc ourt. 37 (d) The board shall take no action on any matter affecting any property 38 owner from which right-of-way is necessary to be acquired or any city 39 until either: 40 1. The time has elapsed for an appeal to the district court and no 41 appeal has been filed; or 42 2. If an appeal has been taken to the district court, then until the 43 time for appeal from its final order or judgment to the supreme court 44 has elapsed and no appeal has been taken; or 45 3. If an appeal has been taken to the supreme court, then until the 46 matter has been finally determined by that court. 47 (2) The board shall cause to be prepared and publicly displayed in a con- 48 spicuous place in their offices a complete map of the state highway system in 49 which each section shall be identified by location, length and a control num- 50 ber. The map shall be of a suitable size and scale and contain data and infor- 51 mation as deemed appropriate by the board. Periodically, and not less than 52 once each year, the board shall revise and correct the map to record the 53 changes in the designated state highway system resulting from additions, 54 abandonments and relocations. Hand maps of the state highway system shall be 55 issued periodically for public distribution. 3 1 (3) Abandon the maintenance of any highway and remove it from the state 2 highway system, when that action is determined by the unanimous consent of the 3 board to be in the public interest. 4 (4) Locate, design, construct, reconstruct, alter, extend, repair and 5 maintain state highways, and plan, design and develop statewide transportation 6 systems when determined by the board to be in the public interest. 7 (5) Establish standards for the location, design, construction, recon- 8 struction, alteration, extension, repair and maintenance of state highways, 9 provided that standards of state highways throughcities10 local highway jurisdictions shall be coordinated with the standards in 11 use for the systems of the respectivecitieslocal highway 12 jurisdictions . The board shall make agreements withincorporated13citieslocal highway jurisdictions having within their 14 limits state highway sections in the category described in section 40-502, 15 Idaho Code, and provide for an equitable division of the maintenance of those 16 sections. The board may also, in the interest of economy and efficiency, 17 arrange to have any or all of the state highway sections withinincorpo-18rated citieslocal highway jurisdictions maintained by 19 thosecitieslocal highway jurisdictions , the cost 20 of the work as limited by section 40-502, Idaho Code, to be reimbursed by the 21 state. 22 (6) Cause to be made and kept, surveys, studies, maps, plans, specifica- 23 tions and estimates for the alteration, extension, repair and maintenance of 24 state highways, and so far as practicable, of all highways in the state, and 25 for that purpose to demand and to receive reports and copies of records from 26 county commissioners, commissioners of highway districts, county engineers and 27 directors of highways and all other highway officials within the state. 28 (7) Approve and determine the final plans, specifications and estimates 29 for state highways and cause contracts for state highway work to be let by 30 contract in the manner provided by law. 31 (8) Expend funds appropriated for construction, maintenance and improve- 32 ment of state highways. 33 (9) Designate state highways, or parts of them, as controlled-access 34 facilities and regulate, restrict or prohibit access to those highways to 35 serve the traffic for which the facility is intended. 36 (10) Close or restrict the use of any state highway whenever the closing 37 or restricting of use is deemed by the board to be necessary for the protec- 38 tion of the public or for the protection of the highway or any section from 39 damage. 40 (11) Designate main traveled state highways as through highways. The traf- 41 fic on through highways shall have the right-of-way over the traffic on any 42 other highway intersecting with it, provided, that at the intersection of two 43 (2) through highways the board shall determine which traffic shall have the 44 right-of-way. 45 (12) Furnish, erect and maintain standard signs on side highways directing 46 drivers of vehicles approaching a designated through highway to come to a full 47 stop before entering or crossing the through highway. 48 (13) Provide a right-of-way for and supervise the construction of side 49 paths or sidewalks along regularly designated state highways outside the 50 boundaries of incorporated cities and the expenditures for the construction of 51 them may be made from the highway funds of the county or highway districts. 52 (14) Upon certification and requisition of an appropriate board, commis- 53 sion, governing body, or official head of any state institution and on the 54 approval of the governor, showing the same to be necessary, construct, alter, 55 repair, and maintain the roadways in, through, and about the grounds of state 4 1 institutions. The construction, alteration, repair and maintenance shall be 2 accomplished and paid for from the state highway account in accordance with 3 the provisions of chapter 7, title 40, Idaho Code. This provision shall not be 4 construed to divest any board, commission, governing body, or official head of 5 an institution their constitutional or statutory powers. 6 SECTION 2. That Section 40-502, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 40-502. MAINTENANCE OF STATE HIGHWAYS. All state highways shall be main- 9 tained by the department at state expense, including sections of state high- 10 ways located withinthe corporate limits of citieslocal 11 highway jurisdictions , except that incitieslocal 12 highway jurisdictions where state highway sections are built to13citylocal highway jurisdictions standards, such as with 14 curbs, sidewalks and areas available for parking and bus stops, the department 15 shall maintain at state expense only the width of traveled way required for 16 the movement of through highway traffic. The width of traveled way to be main- 17 tained at state expense shall not exceed the width of the traveled way of the 18 state highways approaching the incorporated areas.
STATEMENT OF PURPOSE
RS07988
This legislation makes technical corrections to Idaho code in
Title 40-310, and Title 40-502. The Correction deletes the
term "cities" and inserts the term "Local Highway
Jurisdiction". This technical change is necessary because the
state highway systems interact with county and highway
district as well as city systems. This needs to be stated in
Idaho code to make Title 40 uniform in reference to local
jurisdictions.
FISCAL NOTE
None to the General
Fund None to the Local
Units
CONTACT: Ray Oliver 345-5176
Stuart O. Davis 345-5176
S 1469