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S1140aa..............................................by JUDICIARY AND RULES HIGHWAYS - Amends existing law to provide that it is a violation for running water across certain public highways, roads or streets by flooding or sprinkler irrigation; to provide certain conditions for application of the section; to provide for infractions and misdemeanors; to provide for exceptions; and to provide an exception for violations defined in the chapter. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Transp 02/23 Rpt out - to 14th Ord 03/01 Rpt out amen - to engros 03/02 Rpt engros - 1st rdg - to 2nd rdg as amen 03/05 2nd rdg - to 3rd rdg as amen 03/08 3rd rdg as amen - PASSED - 29-4-2 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Cameron, Danielson, Darrington, Dunklin, Frasure, Geddes, Goedde, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth NAYS -- Burtenshaw, Davis, Hawkins, Williams Absent and excused -- Deide, Noh Floor Sponsor -- Darrington Title apvd - to House 03/09 House intro - 1st rdg - to Transp 03/21 Rpt out - rec d/p - to 2nd rdg as amen 03/22 2nd rdg - to 3rd rdg as amen 03/28 3rd rdg as amen - PASSED - 44-25-1 AYES -- Barraclough, Barrett, Bedke, Black, Boe, Bolz, Bradford, Bruneel, Chase, Collins, Cuddy, Deal, Denney, Field(13), Gagner, Hadley, Hammond, Hornbeck, Jaquet, Jones, Kellogg, Kunz, Langford, Marley, McKague, Meyer, Montgomery, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Sali, Schaefer, Shepherd, Smith, Smylie, Stone, Tilman, Trail, Young(Young), Mr. Speaker NAYS -- Bell, Bieter, Callister, Campbell, Clark, Crow, Ellis, Ellsworth, Eskridge, Field(20), Gould, Hansen, Harwood, Henbest(Farley), Higgins, Kendell, Lake, Loertscher, Mader, Mortensen, Moss, Robison, Sellman, Stevenson, Wheeler Absent and excused -- Wood Floor Sponsor -- Pischner Title apvd - to Senate 03/29 To enrol Rpt enrol - Pres signed 03/30 Sp signed - to Governor 04/02 Governor signed Session Law Chapter 289 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1140 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO HIGHWAYS AND BRIDGES; AMENDING SECTION 18-3908, IDAHO CODE, TO 3 PROVIDE FOR VIOLATIONS FOR RUNNING WATER ACROSS CERTAIN PUBLIC HIGHWAYS, 4 ROADS OR STREETS BY FLOODING OR SPRINKLER IRRIGATION, TO PROVIDE CERTAIN 5 CONDITIONS TO APPLICATION OF THE SECTION, TO PROVIDE FOR INFRACTIONS AND 6 MISDEMEANORS AND TO PROVIDE FOR CERTAIN EXCEPTIONS; AMENDING SECTION 7 18-3914, IDAHO CODE, TO PROVIDE AN EXCEPTION FOR VIOLATIONS DEFINED IN THE 8 CHAPTER AS INFRACTIONS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 18-3908, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 18-3908. FLOODING HIGHWAYS. Any person who runs water either by flooding 13 or sprinkler irrigation across any public highway, road or street, without 14 first constructing a good and sufficient ditch or ditches to convey the same, 15 or who fails to bridge such ditch or ditches, or to keep such bridge or 16 ditches in good repair, or to ensure that the flow from the sprinkler does not 17 strike the public highway, road or street and all persons, companies or corpo- 18 rations who suffer any water used by them for the purpose of irrigation, or 19 any other purposes, to flow into or upon any public highway, road or street, 20 in any other manner than that authorized by law, are guilty of an infraction 21 on the first offense, and shall be guilty of a misdemeanor for each offense 22 thereafter per calendar year, and upon conviction thereof must be fined in any 23 sum not less than one dollar ($1.00) nor more than fifty dollars ($50.00), 24 together with the costs of suit, and for a second offense, double said fine 25 and costs; and it is hereby made the duty of all road supervisors, constables 26 and marshals, to make complaint before the proper court, for violations of 27 this section, whenever notified or having knowledge thereof. A person may not 28 be charged under the provisions of this chapter if the flooding from a sprin- 29 kler system is a result of mechanical failure, wind or other climatic condi- 30 tion. 31 SECTION 2. That Section 18-3914, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 18-3914. VIOLATION A MISDEMEANOR. A violation of this chapter and regula- 34 tions authorized by this act is a misdemeanor unless the violation is defined 35 as an infraction.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved by Darrington Seconded by Frasure IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1140 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 17, delete "strike" and insert: 3 "flood"; in line 29, following "kler" insert: "or other water conveyance"; and 4 in line 30, following "tion" insert: ", or other circumstances outside of the 5 control of the person".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1140, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO HIGHWAYS AND BRIDGES; AMENDING SECTION 18-3908, IDAHO CODE, TO 3 PROVIDE FOR VIOLATIONS FOR RUNNING WATER ACROSS CERTAIN PUBLIC HIGHWAYS, 4 ROADS OR STREETS BY FLOODING OR SPRINKLER IRRIGATION, TO PROVIDE CERTAIN 5 CONDITIONS TO APPLICATION OF THE SECTION, TO PROVIDE FOR INFRACTIONS AND 6 MISDEMEANORS AND TO PROVIDE FOR CERTAIN EXCEPTIONS; AMENDING SECTION 7 18-3914, IDAHO CODE, TO PROVIDE AN EXCEPTION FOR VIOLATIONS DEFINED IN THE 8 CHAPTER AS INFRACTIONS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 18-3908, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 18-3908. FLOODING HIGHWAYS. Any person who runs water either by flooding 13 or sprinkler irrigation across any public highway, road or street, without 14 first constructing a good and sufficient ditch or ditches to convey the same, 15 or who fails to bridge such ditch or ditches, or to keep such bridge or 16 ditches in good repair, or to ensure that the flow from the sprinkler does not 17 flood the public highway, road or street and all persons, companies or corpo- 18 rations who suffer any water used by them for the purpose of irrigation, or 19 any other purposes, to flow into or upon any public highway, road or street, 20 in any other manner than that authorized by law, are guilty of an infraction 21 on the first offense, and shall be guilty of a misdemeanor for each offense 22 thereafter per calendar year, and upon conviction thereof must be fined in any 23 sum not less than one dollar ($1.00) nor more than fifty dollars ($50.00), 24 together with the costs of suit, and for a second offense, double said fine 25 and costs; and it is hereby made the duty of all road supervisors, constables 26 and marshals, to make complaint before the proper court, for violations of 27 this section, whenever notified or having knowledge thereof. A person may not 28 be charged under the provisions of this chapter if the flooding from a sprin- 29 kler or other water conveyance system is a result of mechanical failure, wind 30 or other climatic condition, or other circumstances outside of the control of 31 the person. 32 SECTION 2. That Section 18-3914, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 18-3914. VIOLATION A MISDEMEANOR. A violation of this chapter and regula- 35 tions authorized by this act is a misdemeanor unless the violation is defined 36 as an infraction.
STATEMENT OF PURPOSE RS 10931 This legislation amends Idaho Code section 18-3908, Title 18, to provide that persons who run water over public roadways, either by flooding or sprinkler irrigation, without first constructing ditches to ensure that the same water does not strike such roadways, shall be guilty of an infraction for the first offense and a misdemeanor for each subsequent offense. Additionally, persons shall not be charged if the flooding is the result of mechanical or climatic circumstances. FISCAL IMPACT None to the General Fund. Contact Name: Stuart O. Davis; Executive Director, Idaho Association of Highway Districts, Inc. Phone: 859-9378 STATEMENT OF PURPOSE/FISCAL NOTE S 114