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S1138.....................................................by TRANSPORTATION
STREET DEPARTMENT - Amends existing law relating to plats and vacations to
provide a definition of a "functioning street department."
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Transp
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Davis, Parry
Floor Sponsor - Ingram
Title apvd - to House
02/24 House intro - 1st rdg - to Transp
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood,
Zimmermann
NAYS -- None
Absent and excused -- Gagner, Loertscher, Mr Speaker
Floor Sponsor - Ridinger
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed
03/15 Sp signed
03/16 To Governor
03/18 Governor signed
Session Law Chapter 89
Effective: 07/01/99
S1138|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1138 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO PLATS AND VACATIONS; AMENDING SECTION 50-1301, IDAHO CODE, TO 3 REVISE THE DEFINITION OF "FUNCTIONING STREET DEPARTMENT." 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 50-1301, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 50-1301. DEFINITIONS. The following definitions shall apply to terms used 8 in sections 50-1301 through 50-1334, Idaho Code. 9 1. Easement: A right of use, falling short of ownership, and usually for 10 a certain stated purpose; 11 2. Functioning street department: A city department responsible for the 12 maintenance, construction, repair, snow removal, sanding and traffic control 13 of a public highway or public street systemandwhich qual- 14 ifies such department to receivesfunds from the highway 15 distribution account to local units of government pursuant to section 40-709, 16 Idaho Code; 17 3. Idaho coordinate system: That system of coordinates established and 18 designated by chapter 17, title 55, Idaho Code; 19 4. Monument: A physical structure or object that occupies the position of 20 a corner; 21 5. Owner: The proprietor of the land, (having legal title); 22 6. Plat: The drawing, map or plan of a subdivision, cemetery, townsite or 23 other tract of land, or a replatting of such, including certifications, 24 descriptions and approvals; 25 7. Private road: A road within a subdivision plat that is not dedicated 26 to the public and not a part of a public highway system; 27 8. Public highway agency: The state transportation department, any city, 28 county, highway district or other public agency with jurisdiction over public 29 highway systems and public rights-of-way; 30 9. Public land survey corner: Any point actually established and monu- 31 mented in an original survey or resurvey that determines the boundaries of 32 remaining public lands, or public lands patented, represented on an official 33 plat and in the field notes thereof, accepted and approved under authority 34 delegated by congress to the U.S. general land office and the U.S. department 35 of interior, bureau of land management; 36 10. Public right-of-way: Any land dedicated and open to the public and 37 under the jurisdiction of a public highway agency, where the public highway 38 agency has no obligation to construct or maintain said right-of-way for vehic- 39 ular traffic; 40 11. Public street: A road, thoroughfare, alley, highway or bridge under 41 the jurisdiction of a public highway agency; 42 12. Reference monument: A special monument that does not occupy the same 43 geographical position as the corner itself, but whose spatial relationship to 2 1 the corner is known and recorded, and which serves to witness the corner; 2 13. Sanitary restriction: The requirement that no building or shelter 3 which will require a water supply facility or a sewage disposal facility for 4 people using the premises where such building or shelter is located shall be 5 erected until written approval is first obtained from the state board of 6 health by its administrator or his delegate approving plans and specifications 7 either for public water and/or sewage facilities, or individual parcel water 8 and/or sewage facilities; 9 14. Street: A road, thoroughfare, alley, highway or a right-of-way which 10 may be open for public use but is not part of a public highway system nor 11 under the jurisdiction of a public highway agency; 12 15. Subdivision: A tract of land divided into five (5) or more lots, par- 13 cels, or sites for the purpose of sale or building development, whether imme- 14 diate or future; provided that this definition shall not include a bona fide 15 division or partition of agricultural land for agricultural purposes. A bona 16 fide division or partition of agricultural land for agricultural purposes 17 shall mean the division of land into lots, all of which are five (5) acres or 18 larger, and maintained as agricultural lands. Cities or counties may adopt 19 their own definition of subdivision in lieu of the above definition; 20 16. Witness corner: A monumented point usually on a lot line or boundary 21 line of a survey, near a corner and established in situations where it is 22 impracticable to occupy or monument the corner.
Statement of Purpose / Fiscal Impact
Statement of Purpose
RS 08934
This legislation amends Idaho Code to revise the definition
of "functioning street department." The bill clarifies that a functioning street department is qualified to
receive funds from the highway distribution account.
Fiscal Impact
There will be no impact on the General Fund.
Contact: Stuart O. Davis
Agency: Idaho Association of Highway Districts
Phone: 345-5176
Statement of Purpose/Fiscal Impact
S1138
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