1999 Legislation
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SENATE BILL NO. 1138 – Street dept, functioning, defined


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Daily Data Tracking History

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
      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,
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1138

                               BY TRANSPORTATION COMMITTEE

 1                                        AN ACT

 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 system  and  which  qual-
14    ifies  such  department to  receive s  funds 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


 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 / 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