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S1212.....................................................by TRANSPORTATION
HIGHWAYS - FLOODING - Amends existing law to increase the fine that may be
levied for the offense of flooding highways, or sprinkling or spraying
highways, with exceptions; and to increase the amount that may be recovered
for every day that culverts remain uninstalled.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Transp
02/26 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/03 3rd rdg - FAILED - 15-18-2
AYES--Andreason, Bunderson, Crow, Dunklin, Frasure, Geddes, Ingram,
Keough, McLaughlin, Riggs, Risch, Sandy, Schroeder, Stegner,
Whitworth
NAYS--Boatright, Branch, Burtenshaw, Cameron, Danielson, Darrington,
Davis, Deide, Hawkins, Ipsen, King, Lee, Richardson, Sorensen,
Stennett, Thorne, Twiggs, Wheeler
Absent and excused--Noh, Parry
Floor Sponsor - Frasure
Filed with Secretary of the Senate
S1212|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1212 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO THE FLOODING OF HIGHWAYS; AMENDING SECTION 18-3908, IDAHO CODE, TO 3 INCLUDE SPRINKLING OR SPRAYING WATER ON HIGHWAYS IN PROHIBITED ACTS AND TO 4 INCREASE THE FINE THAT MAY BE LEVIED FOR THE OFFENSE OF FLOODING HIGHWAYS; 5 AND AMENDING SECTION 40-2323, IDAHO CODE, TO INCREASE THE AMOUNT COMMIS- 6 SIONERS MAY RECOVER FOR EVERY DAY CULVERTS REMAIN UNINSTALLED. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-3908, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-3908. FLOODING HIGHWAYS. Any person who runs water across any public 11 highway, road or street, without first constructing a good and sufficient 12 ditch or ditches to convey the same, or who fails to bridge such ditch or 13 ditches, or to keep such bridge or ditches in good repair, and all persons, 14 companies or corporations who suffer any water used by them for the purpose of 15 irrigation, or any other purposes, to flow , sprinkle or spray 16 into or upon any public highway, road or street, in any other manner than 17 that authorized by law, except when caused to sprinkle or spray by wind 18 or by mechanical failure, are guilty of a misdemeanor, and upon convic- 19 tion thereof must be fined in any sum notless than one dollar ($1.00)20normore thanfiftyone hundred dollars 21 ($50.1 00), together with the costs of suit, and for 22 a second or subsequent offense, double said fine and costs; and 23 it is hereby made the duty of all road supervisors, constables and marshals, 24 to make complaint before the proper court, for violations of this section, 25 whenever notified or having knowledge thereof. 26 SECTION 2. That Section 40-2323, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 40-2323. ABATEMENT OF FLOODING OF HIGHWAYS -- RIGHT OF ENTRY -- COURT 29 ACTION FOR ABATEMENT. (1) If the owner or occupant of land lying adjacent to 30 or near any highway laid out or constructed, or any other person, shall main- 31 tain or cause to be maintained, or allow any dam, dike, or levee across any 32 swale, hollow, or natural water drain or channel, either inside or outside any 33 fence or other enclosure which may enclose the land, and shall thereby cause 34 water to back upon, overflow or accumulate upon the highway, the director of 35 highways of the county or district, or other official having direct supervi- 36 sion of the maintenance of the highway, or any other agent appointed by the 37 respective commissioners, may go upon the premises and at the expense of the 38 county or district install culverts and drains as may be necessary, and in a 39 manner as to cause water to drain from the highway to be carried down its nat- 40 ural channel to some point where it may be disposed of without damage to the 41 highway and adjoining landowners. 2 1 (2) Whenever it is necessary or convenient to do so, in carrying out the 2 provisions of subsection (1) above, the respective commissioners who have by 3 law the general supervision and control of the highway, are empowered to go 4 upon and work upon the lands and premises where the dams, dikes and levees are 5 situated. 6 (3) If it is denied that the dam, dike or levee causes water to back up, 7 overflow or accumulate on the highway, or if the owner or occupant of the 8 land, or person causing the dam, dike or levee to be maintained, refuses 9 either to install suitable culverts or drains or does not allow the director 10 of highways or other official having immediate supervision of the maintenance 11 of the highway to do so, then the officer shall report the facts to the appro- 12 priate commissioners and they shall commence an action in the proper court to 13 procure culverts or drains to be installed or the dam, dike, or levee abated 14 as a nuisance. If the respective commissioners recover judgment, they may, in 15 addition to having culverts installed or the dam, dike or levee abated as a 16 nuisance, recover one hundred fifty dollars ($ 1 17 50.00) for every day the culverts remained uninstalled 18 after the date of rendition of judgment in the action, and may also recover 19 the costs of the action, and in an appropriate action, may also recover the 20 cost and expenses of the installation of culverts or drains and the costs of 21 suit.
STATEMENT OF PURPOSE
RS09080
To prevent unnecessary damage to pavement on public roads due
to water from sprinkling and other irrigation systems. To
clarify exceptions and increase fines.
FISCAL NOTE
No impact to the general fund. Positive impact on County and
Highway District budgets.
CONTACT: (name) Senator Whitworth
(phone #)
STATEMENT OF PURPOSE/ FISCAL NOTE S1212