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S1368.....................................................by TRANSPORTATION
TRAFFIC HAZARDS - REMOVAL - Amends existing law to authorize the state or
local official ordering removal of a traffic hazard to specify the time
within which removal must be accomplished and to authorize local officials
to govern certain local streets and roads.
01/30 Senate intro - 1st rdg - to printing
02/02 Rpt prt - to Transp
02/11 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 28-4-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Deide, Frasure, Hansen, Hawkins, Ingram, Ipsen,
King, Lee, McLaughlin, Noh, Parry, Richardson, Risch, Sandy,
Schroeder, Sorensen, Stennett, Sweeney, Thorne, Whitworth
NAYS--Darrington, Dunklin, Keough, Wheeler
Absent and excused--Geddes, Riggs, Twiggs
Floor Sponsor - Boatright
Title apvd - to House
02/20 House intro - 1st rdg - to Transp
03/13 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 53-1-16
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Cuddy,
Deal, Denney, Ellsworth, Field(20), Geddes, Gould, Hadley, Hornbeck,
Jaquet, Jones(22), Judd, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Mortensen,
Pomeroy, Richman, Ridinger, Robison, Sali, Stevenson, Stoicheff,
Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
Zimmermann
NAYS -- Schaefer
Absent and excused -- Black(15), Crane, Crow, Field(13), Gagner,
Hansen, Henbest, Jones(9), Jones(20), Kellogg, Miller, Newcomb,
Pischner, Reynolds, Wood, Mr Speaker
Floor Sponsor - Cuddy
Title apvd - to Senate
03/18 To enrol
03/19 Rpt enrol - Pres signed - Sp signed
03/20 To Governor
03/26 Governor signed
Session Law Chapter 408
Effective: 07/01/98
S1368|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1368 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO TRAFFIC HAZARDS; AMENDING SECTION 49-221, IDAHO CODE, TO AUTHORIZE 3 THE STATE OR LOCAL OFFICIAL ORDERING REMOVAL OF A TRAFFIC HAZARD TO SPEC- 4 IFY THE TIME WITHIN WHICH REMOVAL MUST BE ACCOMPLISHED, AND TO AUTHORIZE 5 LOCAL OFFICIALS TO GOVERN LOCAL STREETS AND ROADS NOT SUBJECT TO THIS SEC- 6 TION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 49-221, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 49-221. REMOVAL OF TRAFFIC HAZARDS. (1) It shall be the responsibility of 11 the owner of real property to remove from his property any hedge, shrubbery, 12 fence, wall or other sight obstructions of any nature , except 13 public traffic or highway signs, buildings and trees , 14 where these sight obstructions constitute a potential 15 traffic hazard. The above sight obstructions shall not extend more than three 16 (3) feet , or less than ten (10) feet, in height above the exist- 17 ing center line highway elevation within the vision triangle of vehicle opera- 18 tors. The boundaries of the vision triangle are defined by measuring from the 19 intersection of the edges of two (2) adjacent highways forty (40) feet along 20 each highway and connecting the two (2) points with a straight line. The sight 21 distance obstruction restriction is also applicable to railroad- 22 highway grade crossings with vision triangle defined by measuring forty (40) 23 feet along the railroad property line when intersecting with a highway 24 . 25 (2) When the department or any local authority determinesupon the26basis of an engineering and traffic investigationthat a traffic hazard 27 exists, itshallmay notify the owner and order that 28 the hazard be removed withinfifteen (15) daysan appropri- 29 ate time as determined by the department or local authority, considering the 30 circumstances and conditions involved. The appropriate time may be specified 31 in the notice. Such notice shall not obligate the department or local authori- 32 ties to pursue removal or abatement until all legal remedies are exhausted 33 . 34 (3) The failure of the owner to remove the traffic hazard within35fifteen (15) daysthe appropriate specified time shall 36 constitute a misdemeanor and every day the owner shall fail to remove the 37 obstructionshallmay be considered a 38 separate and distinct offense. Civil action may also be initiated by 39 state or local officials to enforce vision triangle restrictions. 40 (4) Local officials may, by resolution or ordinance, establish standards 41 and procedures for protecting vision triangles at the intersections of local 42 streets and roads. Such locally adopted standards or procedures, which may be 43 more or less restrictive than the provisions hereof, shall not modify the 2 1 standards established by this section concerning intersections with state 2 maintained highways and intersections with railroads.
STATEMENT OF PURPOSE
RS07597C2
The purpose of this legislation is to provide local
flexibility regarding protection of sight vision triangles
at the intersections of local streets. Further, the
legislation accords all highway system administrators
discretion to allow orderly removal of vision obstruction
without requiring precipitous action which inconveniences
landowners and subjects public agencies to liability
exposure if removal is not made in accordance with the
inflexible terms of the existing statute. Except for
increased administrative flexibility, protection of sight
distance at intersection with state highways would be
unchanged by the modification proposed.
FISCAL NOTE
This legislation will not cost the state of Idaho any
additional dollars. It should minimize the liability
exposure of both state and local governments which has been
created by the absolute administrative requirement
contained in current stature. Private costs will also be
diminished if compliance requirements are adjusted to
reflect the true degree of exposure which exists as a
consequence of intersecting local streets and roads.
Contact: C/A."Skip" Smyser 342-0777
Sen Clyde Boatright 332-1407
STATEMENT OF PURPOSE/FISCAL NOTE S 1368