2000 Legislation
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SENATE BILL NO. 1462 – Hwy emergency incident, communicatn


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S1462.....................................................by TRANSPORTATION
HIGHWAY EMERGENCY INCIDENT - Amends and adds to existing law to define
"highway emergency incident"; to provide that it is the duty of the Idaho
Transportation Department to coordinate communications with the general
community and with individual landowners affected by a highway incident;
and to require that the department have a contact person available to
coordinate communications regarding the department's proposed plans for
remediation of the site.
02/18    Senate intro - 1st rdg - to printing
02/21    Rpt prt - to Transp

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1462
                                BY TRANSPORTATION COMMITTEE
  1                                        AN ACT
 12    Be It Enacted by the Legislature of the State of Idaho:
 13        SECTION 1.  That Section 40-109, Idaho Code, be, and the  same  is  hereby
 14    amended to read as follows:
 15        40-109.  DEFINITIONS -- H.
 16        (1)  "Highway district system" means all public highways within each high-
 17    way  district,  except  those  included within the state highway system, those
 18    under another state agency, those included  within  city  highway  systems  of
 19    incorporated cities with a functioning street department, and those under fed-
 20    eral control.
 21        (2)  "Highway  emergency incident" means an emergency circumstance requir-
 22    ing a response by the Idaho transportation department if the incident  is  one
 23    which  prevents  the traveling public from using a highway or bridge under the
 24    jurisdiction and control of the Idaho transportation department, or affects  a
 25    site where a highway or bridge is under construction, to the extent that prop-
 26    erty adjacent to the site is altered or damaged.
 27        (3)  "Highway  system,  county."  (See  "County  highway  system," section
 28    40-104, Idaho Code)
 29        (34)  "Highway  system,  state."  (See  "State  highway  system,"  section
 30    40-120, Idaho Code)
 31        (45)  "Highway users' fund bonds" means those  bonds  issued  for  and  on
 32    behalf  of  dissolved city highway systems or highway districts, and the funds
 33    out of which those bonds are repayable shall be the moneys  received  or  pro-
 34    vided by section 40-707, Idaho Code.
 35        (56)  "Highways"  means  roads,  streets,  alleys  and bridges laid out or
 36    established for the public or dedicated or abandoned to the  public.  Highways
 37    shall include necessary culverts, sluices, drains, ditches, waterways, embank-
 38    ments,  retaining  walls, bridges, tunnels, grade separation structures, road-
 39    side improvements, adjacent lands or interests lawfully  acquired,  pedestrian
 40    facilities,  and  any  other  structures,  works or fixtures incidental to the
 41    preservation or improvement of the highways. Roads laid out  and  recorded  as
 42    highways, by order of a board of commissioners, and all roads used as such for
 43    a  period  of five (5) years, provided they shall have been worked and kept up
  1    at the expense of the public, or located and recorded by order of a  board  of
  2    commissioners, are highways.
  3        SECTION  2.  That  Chapter  5,  Title  40, Idaho Code, be, and the same is
  4    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  5    ignated as Section 40-502A, Idaho Code, and to read as follows:
  6        40-502A.  HIGHWAY  EMERGENCY  INCIDENT. (1)  It is the policy of the state
  7    of Idaho to provide for the protection of the public health,  welfare,  safety
  8    and environment, and to foster the remediation or redevelopment of sites where
  9    there  is risk to humans and the environment and where the site is significant
 10    to the economic benefit of the local community.
 11        (2)  In the event of a highway emergency incident as  defined  in  section
 12    40-109,  Idaho  Code, it shall be the duty and obligation of the department to
 13    take the initiative in coordinating communications with the general  community
 14    affected  by  the incident, or in the case of damage to adjacent property pri-
 15    vately owned, to contact such landowners individually.
 16        (3)  The department shall contact property owners or communicate with  the
 17    general  public  as soon as is reasonably practicable but no later than forty-
 18    eight (48) hours after the incident.
 19        (4)  The department shall inform the community and affected private  prop-
 20    erty owners of the department's immediate plans for remediating the situation,
 21    and shall ensure that affected property owners and the general public have the
 22    name  of a contact person in the department who is available to maintain chan-
 23    nels of communication, to receive oral and written comments from affected per-
 24    sons, and to provide information as necessary regarding the department's  pro-
 25    posed plan for remediation of the situation or sites affected by the incident.
 26        SECTION  3.  That  Section  36-104, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
 28        36-104.  GENERAL POWERS AND DUTIES  OF  COMMISSION.  (a)  Organization  --
 29    Meetings.  The  members of the commission shall annually meet at their offices
 30    in the city of Boise and organize by electing from their membership  a  chair-
 31    man,  who shall hold office for a period of one (1) year, or until his succes-
 32    sor has been duly elected. In addition to the regular annual  meeting,  to  be
 33    held  in  January, said commission shall hold other regular quarterly meetings
 34    in April, July and October of each year at such places within the state as the
 35    commission shall select for the transaction of business. Special meetings  may
 36    be  called  at any time and place by the chairman or a majority of the members
 37    of the commission. Notice of the time, place and purpose of any and  all  spe-
 38    cial meetings shall be given by the secretary to each member of the commission
 39    prior to said meeting.
 40        (b)  Authorization  for  Commission  Powers and Duties. For the purpose of
 41    administering the policy as declared in section 36-103, Idaho Code,  the  com-
 42    mission is hereby authorized and empowered to:
 43        1.  Investigate  and  find facts regarding the status of the state's wild-
 44        life populations in order to give effect to the policy of the state  here-
 45        inbefore announced.
 46        2.  Hold  hearings  for the purpose of hearing testimony, considering evi-
 47        dence and determining the facts as to when the supply of any of the  wild-
 48        life  in this state will be injuriously affected by the taking thereof, or
 49        for the purpose of determining when an open season may be declared for the
 50        taking of wildlife. Whenever said commission determines that the supply of
 51        any particular species of wildlife is being, or will be, during  any  par-
  1        ticular  period  of  time, injuriously affected by depletion by permitting
  2        the same to be taken, or if it should find a longer or  different  season,
  3        or  different  bag  limit  should  be  adopted  for  the better protection
  4        thereof, or if it finds that an open season may be declared without endan-
  5        gering the supply thereof, then it  shall  make  a  rule  or  proclamation
  6        embodying  its  findings  in respect to when, under what circumstances, in
  7        which localities, by what means, what sex, and in what amounts and numbers
  8        the wildlife of this state may be taken.
  9        3.  Whenever it finds it necessary for the  preservation,  protection,  or
 10        management  of  any wildlife of this state, by reason of any act of God or
 11        any other sudden or unexpected emergency, declare  by  temporary  rule  or
 12        proclamation  the  existence of such necessity, and the cause thereof, and
 13        prescribe and designate all affected areas or streams,  and close the same
 14        to hunting, angling or trapping, or impose such  restrictions  and  condi-
 15        tions  upon  hunting, angling or trapping as said commission shall find to
 16        be necessary. Every such temporary rule shall be made in  accordance  with
 17        the provisions of chapter 52, title 67, Idaho Code.
 18        4.  At any time it shall deem necessary for the proper management of wild-
 19        life on any game preserve in the state of Idaho, declare an open season in
 20        any game preserve as it deems appropriate.
 21        5.   (A)  Upon  notice  to  the  public,  hold  a public drawing giving to
 22             license holders, under the wildlife laws of this state, the privilege
 23             of drawing by lot for a controlled hunt permit authorizing the person
 24             to whom issued to hunt, kill, or attempt to kill any species of  wild
 25             animals  or birds designated by the commission under such rules as it
 26             shall prescribe.
 27             (B)  The commission may, under rules or proclamations as it may  pre-
 28             scribe,  authorize  the  director to issue additional controlled hunt
 29             permits and collect fees therefor authorizing landowners of  property
 30             valuable  for  habitat  or propagation purposes of deer, elk or ante-
 31             lope, or the landowner's designated agent(s) to  hunt  deer,  elk  or
 32             antelope  in  controlled hunts containing the eligible property owned
 33             by those landowners in units where any permits for deer, elk or ante-
 34             lope are limited.
 35             (C)  A nonrefundable fee of five dollars  ($5.00)  shall  be  charged
 36             each  applicant for a controlled hunt permit; provided however, there
 37             shall be no fees charged for  controlled  hunt  permits  subsequently
 38             issued  to  successful applicants. Additionally, a fee may be charged
 39             for telephone and credit card orders in  accordance  with  subsection
 40             (e)11.  of section 36-106, Idaho Code. The department shall include a
 41             checkoff form to allow applicants to designate one dollar ($1.00)  of
 42             such  five  dollar  ($5.00) fee for transmittal to the reward fund of
 43             citizens against poaching, inc., an Idaho nonprofit corporation. From
 44             the net proceeds generated by the  nonrefundable  fee,  the  director
 45             shall transfer from the fish and game account to the big game second-
 46             ary  depredation  account  each fiscal year an amount that equals two
 47             hundred fifty thousand dollars ($250,000) less the amount  of  earned
 48             interest  transferred  in  accordance  with  section 36-115(b), Idaho
 49             Code, or two hundred thousand dollars ($200,000), whichever is  less,
 50             until  the  total  of all transfers from the fish and game account to
 51             the big game secondary depredation account  equals  one  million  two
 52             hundred fifty thousand dollars ($1,250,000) as certified by the state
 53             controller.  When  the  department's  total transfers to the big game
 54             secondary depredation account equal or exceed one million two hundred
 55             fifty thousand dollars ($1,250,000), the net proceeds from the nonre-
  1             fundable fee shall be deposited in the fish and game account and none
  2             of the net proceeds shall be used to purchase lands.
  3        6.  Adopt rules pertaining to the importation, exportation, release, sale,
  4        possession or transportation into, within or from the state  of  Idaho  of
  5        any species of live, native or exotic wildlife or any eggs thereof.
  6        7.  Acquire  for and on behalf of the state of Idaho, by purchase, condem-
  7        nation, lease, agreement, gift, or other device, lands or waters  suitable
  8        for  the  purposes  hereinafter enumerated in this paragraph. Whenever the
  9        commission proposes to purchase a tract of land in excess of fifteen  (15)
 10        acres,  the  commission  shall notify the board of county commissioners of
 11        the county where this land is located of the intended action.   The  board
 12        of  county commissioners shall have ten (10) days after official notifica-
 13        tion to notify the commission whether or not they desire the commission to
 14        hold a public hearing on the intended purchase in the county. The  commis-
 15        sion  shall give serious consideration to all public input received at the
 16        public hearing before making a final decision on the proposed acquisition.
 17        Following any land purchase, the fish and game commission  shall  provide,
 18        upon  request  by  the  board  of county commissioners, within one hundred
 19        twenty (120) days, a management plan for the  area  purchased  that  would
 20        address  noxious  weed control, fencing, water management and other impor-
 21        tant issues raised during the public hearing. When considering  purchasing
 22        lands  pursuant  to this paragraph, the commission shall first make a good
 23        faith attempt to obtain a conservation easement, as  provided  in  chapter
 24        21,  title  55,  Idaho  Code, before it may begin proceedings to purchase,
 25        condemn or otherwise acquire such lands. If the attempt to acquire a  con-
 26        servation  easement  is  unsuccessful  and  the commission then purchases,
 27        condemns or otherwise acquires the lands, the commission shall  record  in
 28        writing the reasons why the attempt at acquiring the conservation easement
 29        was  unsuccessful and then file the same in its records and in a report to
 30        the joint finance-appropriations committee. The commission shall  develop,
 31        operate, and maintain the lands, waters or conservation easements for said
 32        purposes, which are hereby declared a public use:
 33             (A)  For  fish hatcheries, nursery ponds, or game animal or game bird
 34             farms;
 35             (B)  For game, bird, fish or fur-bearing animal restoration, propaga-
 36             tion or protection;
 37             (C)  For public hunting, fishing or trapping areas to provide  places
 38             where  the public may fish, hunt, or trap in accordance with the pro-
 39             visions of law, or the regulation of the commission;
 40             (D)  To extend and consolidate by exchange, lands or waters  suitable
 41             for the above purposes.
 42        8.  Enter  into  cooperative agreements with educational institutions, and
 43        state, federal, or other agencies to  promote  wildlife  research  and  to
 44        train students for wildlife management.
 45        9.  Enter  into  cooperative  agreements  with state and federal agencies,
 46        municipalities, corporations, organized  groups  of  landowners,  associa-
 47        tions,  and individuals for the development of wildlife rearing, propagat-
 48        ing, management, protection and demonstration projects.
 49        10. In the event owners or lawful possessors of land have  restricted  the
 50        operation  of  motor-propelled  vehicles  upon their land, the commission,
 51        upon consultation with all other potentially affected landowners, and hav-
 52        ing held a public hearing, if requested by not less than  ten  (10)  resi-
 53        dents  of any county in which the land is located, may enter into coopera-
 54        tive agreements with those owners or possessors to enforce those  restric-
 55        tions  when  the  restrictions  protect wildlife or wildlife habitat. Pro-
  1        vided, however, the commission shall not enter into  such  agreements  for
  2        lands  which  either  lie outside or are not adjacent to any adjoining the
  3        proclaimed boundaries of the national forests in Idaho.
  4             (A)  The landowners, with the assistance  of  the  department,  shall
  5             cause  notice  of  the  restrictions,  including  the  effective date
  6             thereof, to be posted on the main traveled roads entering  the  areas
  7             to  which  the restrictions apply. Provided, however, that nothing in
  8             this subsection shall allow the unlawful posting of  signs  or  other
  9             information  on  or adjacent to public highways as defined in subsec-
 10             tion (56) of section 40-109, Idaho Code.
 11             (B)  Nothing in this section  authorizes  the  establishment  of  any
 12             restrictions  that  impede  normal  forest or range management opera-
 13             tions.
 14             (C)  No person shall violate such restrictions on the use  of  motor-
 15             propelled  vehicles  or  tear  down  or lay down any fencing or gates
 16             enclosing such a restricted  area  or  remove,  mutilate,  damage  or
 17             destroy  any notices, signs or markers giving notice of such restric-
 18             tions. The commission may promulgate rules to administer the restric-
 19             tions and cooperative agreements addressed in this subsection.
 20        11. Capture, propagate, transport, buy, sell or exchange  any  species  of
 21        wildlife  needed for propagation or stocking purposes, or to exercise con-
 22        trol of undesirable species.
 23        12. Adopt rules pertaining to the application for, issuance of and  admin-
 24        istration of a lifetime license certificate system.
 25        13. Adopt  rules governing the application and issuance of permits for and
 26        administration of fishing contests on waters under the jurisdiction of the
 27        state.
 28        14. Adopt rules governing the application for and issuance of licenses  by
 29        telephone and other electronic methods.
 30        (c)  Limitation  on  Powers.  Nothing  in this title shall be construed to
 31    authorize the commission to change any penalty prescribed by law for a  viola-
 32    tion of its provisions, or to change the amount of license fees or the author-
 33    ity conferred by licenses prescribed by law.
 34        (d)  Organization  of  Work. The commission shall organize the department,
 35    in accordance with the provisions of title 67, Idaho Code, into administrative
 36    units as may be necessary  to  efficiently  administer  said  department.  All
 37    employees  of  the  department  except  the  director  shall  be  selected and
 38    appointed by the director in conformance with the provisions  of  chapter  53,
 39    title 67, Idaho Code.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
                       RS 10101 
     The purpose of this legislation is to ensure that in the event that a situation arises
     where adjacent property is impacted by a highway emergency incident, either
     through an act of nature or because of construction, the Idaho Transportation
     Department contacts the owners of said property within 48 hours and advises
     them of the Department's plans for remediation. 
                    FISCAL IMPACT
     There is no fiscal impact. 
     Name: Senator Shawn Keough
     Phone: 332-1340 
                                                  STATEMENT OF PURPOSE/FISCAL NOTE                                S1462