1998 Legislation
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SENATE BILL NO. 1368 – Traffic hazard removal, time

SENATE BILL NO. 1368

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Daily Data Tracking History



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

Bill Text


S1368


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

                                      IN 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 determines  upon the
26    basis of an engineering and traffic investigation  that a traffic hazard
27    exists, it  shall   may  notify the owner and order that
28    the hazard be removed within  fifteen (15) days   an 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 within 
35    fifteen (15) days   the appropriate  specified  time    shall
36    constitute  a  misdemeanor  and  every  day the owner shall fail to remove the
37    obstruction  shall   may  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 / Fiscal Impact


    





                           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