1998 Legislation
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SENATE BILL NO. 1469 – State hwys, local hwy jurisdictions


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Daily Data Tracking History

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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                                      IN THE SENATE

                                   SENATE BILL NO. 1469

                               BY TRANSPORTATION COMMITTEE

 1                                        AN ACT
 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


 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  the  S
36         s upreme  C  c 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.


 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 through   cities    
10    local  highway jurisdictions  shall be coordinated with the standards in
11    use for the systems of the respective  cities   local  highway
12    jurisdictions  . The board shall make agreements with  incorporated
13    cities   local 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 within  incorpo-
18    rated cities   local highway  jurisdictions    maintained  by
19    those    cities   local 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


 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  within   the corporate limits of cities   local
11    highway jurisdictions , except that in  cities     local
12    highway  jurisdictions   where state highway sections are built to 
13    city   local 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 / Fiscal Impact


                           STATEMENT OF PURPOSE
    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 
    None to the General 
    Fund None to the Local 
    CONTACT: Ray Oliver 345-5176
             Stuart O. Davis 345-5176
    S 1469