S1408aa...................................................by TRANSPORTATION RIGHTS-OF-WAY - Amends and repeals existing law to revise the definition of a "public right-of-way"; to provide that gates are encroachments; to increase the penalty for unlawful encroachments on public rights-of-way; and to delete provisions which describe when gates are allowed and when they are not allowed. 02/11 Senate intro - 1st rdg - to printing 02/14 Rpt prt - to Transp 03/10 Rpt out - to 14th Ord 03/15 Rpt out amen - to engros 03/16 Rpt engros - 1st rdg - to 2nd rdg as amen 03/17 2nd rdg - to 3rd rdg as amen 03/21 3rd rdg as amen - PASSED - 30-0-5 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Parry, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Geddes, Ingram, Noh, Richardson, Stegner Floor Sponsor - Whitworth Title apvd - to House 03/22 House intro - 1st rdg as amen - to Transp 03/29 Rpt out - rec d/p - to 2nd rdg as amen 04/03 3rd rdg as amen - PASSED - 64-0-6 AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Crow, Cuddy, Deal, Denney, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wood, Zimmermann NAYS -- None Absent and excused -- Clark, Ellsworth, Linford, Mortensen, Wheeler, Mr Speaker Floor Sponsor - Cuddy Title apvd - to Senate 04/04 To enrol - rpt enrol - Pres signed 04/05 Sp signed 04/06 To Governor 04/12 Governor signed Session Law Chapter 252 Effective: 04/12/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1408, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC RIGHTS-OF-WAY; AMENDING SECTION 40-117, IDAHO CODE, TO 3 REVISE THE DEFINITION OF "PUBLIC RIGHT-OF-WAY"; AMENDING SECTION 40-2319, 4 IDAHO CODE, TO PROVIDE THAT GATES ARE ENCROACHMENTS, TO INCREASE THE PEN- 5 ALTY FOR UNLAWFUL ENCROACHMENTS, TO PROVIDE PROPER NOMENCLATURE AND TO 6 MAKE A TECHNICAL CORRECTION; REPEALING SECTION 40-2320, IDAHO CODE; AND 7 DECLARING AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 40-117, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 40-117. DEFINITIONS -- P. 12 (1) "Person" includes every natural person, firm, fiduciary, copartner- 13 ship, association, corporation, trustee, receiver or assignee for the benefit 14 of creditors. 15 (2) "Place." (See "Maintain," section 40-114, Idaho Code) 16 (3) "Primary system" or "primary highway" means any portion of the high- 17 ways of the state, as officially designated, or as may hereafter be so desig- 18 nated, by the Idaho transportation board, and approved by the secretary of 19 transportation, pursuant to the provisions of title 23, U.S. Code, 20 "Highways." .21 (4) "Public highway agency" means the state transportation department, 22 any city, county, highway district or other political subdivision of the state 23 with jurisdiction over public highway systems and public rights-of-way. 24 (5) "Public highways" means all highways open to public use in the state, 25 whether maintained by the state or by any county, highway district, city, or 26 other political subdivision. (Also see "Highways," section 40-109, Idaho Code) 27 (6) "Public right-of-way" means a right-of-way open to the public and 28 under the jurisdiction of a public highway agency, where the public highway 29 agency has no obligation to construct or maintain, but may expend funds for 30 the maintenance of, said public right-of-way or post traffic signs for vehicu- 31 lar traffic on said public right-of-way. In addition, a public right-of-way 32 includes a right-of-way which was originally intended for development as a 33 highway and was accepted on behalf of the public by deed of purchase, fee sim- 34 ple title, authorized easement, eminent domain, by plat, prescriptive use, or 35 abandonment of a highway pursuant to section 40-203, Idaho Code, but shall not 36 include federal land rights-of-way, as provided in section 40-204A, Idaho 37 Code, that resulted from the creation of a facility for the transmission of 38 water. Public rights-of-way shall not be considered improved highways for the 39 apportionment of funds from the highway distribution account. 40 SECTION 2. That Section 40-2319, Idaho Code, be, and the same is hereby 41 amended to read as follows: 2 1 40-2319. ENCROACHMENTS -- REMOVAL -- NOTICE -- PENALTY FOR FAILURE TO 2 REMOVE -- REMOVAL BY DIRECTOR OF HIGHWAYSCOUNTY OR HIGHWAY DISTRICT -- ABATE- 3 MENT. (1) If any highway laid out or erectedor public right-of-way under the 4 jurisdiction of a county or highway district is encroached upon by gates, 5 fences, buildings, or otherwise, the director of highways ofthe appropriate 6 county or highway district may , orally or in writing,require the encroachment 7 to be removed. from the highway.If the encroachment is of a nature as to 8 effectually obstruct and prevent the use of the highway or public right-of-way 9 for vehicles, the county or highway district shall immediately cause the 10 encroachment to be removed. 11 (2) Notice shall be given to the occupant or owner of the land, or person 12 causing or owning the encroachment, or left at his place of residence if he 13 resides in the countyhighway jurisdiction. If not, it shall be posted on the 14 encroachment, specifying the breadth of the highway,the place and extent of 15 the encroachment, and requiring him to remove the encroachment within ten (10) 16 days. 17 (3) If the encroachment is not removed, or commenced to be removed, prior 18 to the expiration of ten (10) days from the service or posting the notice, the 19 person who caused, owns or controls the encroachment shall forfeit up to one 20 hundred fifty dollars ($150 .00) for each day the encroachment continues 21 unmoved. If the encroachment is of a nature as to effectually obstruct and22 prevent the use of the highway for vehicles, the director of highways shall23 immediately remove the encroachmentunremoved. 24 (4) If the encroachment is denied, and the owner, occupant, or person 25 controlling the encroachment, refuses either to remove it or to permit its 26 removal, the director of highwayscounty or highway district shall commence in 27 the proper court an action to abate the encroachment as a nuisance. If the 28 director of highwayscounty or highway district recovers judgment, heit may, 29 in addition to having the encroachment abated, recover up to one hundred fifty 30 dollars ($150 .00) for every day the nuisance remained after notice, as well as 31 costs of the legal action and removal. 32 (5) If the encroachment is not denied, but is not removed forwithin five 33 (5) days after the notice is complete, the director of highwayscounty or 34 highway district may remove it at the expense of the owner, occupant, or per- 35 son controlling the encroachment, and the county or highway district may 36 recover hiscosts and expenses, as well as the sum of up to one hundred fifty 37 dollars ($150 .00) for each day the encroachment remained after notice was com- 38 plete. 39 SECTION 3. That Section 40-2320, Idaho Code, be, and the same is hereby 40 repealed. 41 SECTION 4. An emergency existing therefor, which emergency is hereby 42 declared to exist, this act shall be in full force and effect on and after its 43 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Boatright Seconded by Whitworth IN THE SENATE SENATE AMENDMENTS TO S.B. NO. 1408 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 28, delete "exclusive"; and in line 3 36, following "rights-of-way" insert: ", as provided in section 40-204A, Idaho 4 Code,". 5 AMENDMENTS TO SECTION 2 6 On page 2, in line 19, delete "seven hun-" and in line 20, delete "dred" 7 and insert: "up to one hundred"; and also in line 20, delete "7" and insert: 8 "1"; in line 29, delete "seven" and insert: "up to one"; in line 30, delete 9 "7" and insert: "1"; in line 36, delete "seven" and insert: "up to one"; and 10 in line 37, delete "7" and insert: "1". 11 CORRECTION TO TITLE 12 On page 1, in line 4, delete "FINE" and insert: "PENALTY".
STATEMENT OF PURPOSE RS09908 The purpose of this legislation is to implement recommendation of the Report to the Senate Transportation Committee and the House Transportation and Defense Committee, submitted by the Local Highway Technical Assistance Council in response to Senate concurrent Resolution - 136, passed in 1998. Amendment of 40-117 (6) to properly add hyphens to denote the rights-of-way refers to property and not a traffic rule. This amendment clarifies that there is no obligation for posting traffic signs on public rights-of-way (including Federal lands rights-of-way). It further specifies that public highway agencies may expend funding on public rights-of-way and that public rights-of-way shall not be considered improved highways for apportionment of funds from the Highway Distribution Account. Amendment of 40-2319 adds obstruction of a public rights-of-way to the statute. It also clarifies that gates are obstructions; if the encroachment prevents vehicle travel, the county or highway district shall immediately remove the obstruction. And also increases the fine from $50.00 to $750.00. 40-2320 only allows a public road to be gated "subject to overflow to an extent as to remove the fences," Idaho Transportation Departments administrative rule (IDAPA 39.03.47) further defines that overflow as water. During mileage certification if a gate is encountered, the mileage beyond the gate is not inventoried, it is not included in the allocation of funds from the Highway Distribution Account. Under the current statute and rules when counties and highway districts use gates to control public travel on specific sections of their highway system for common issues related to safety, maintenance, environment, or game management, they suffer a loss of funds. Repeal of this statue will allow counties and highway districts to fully manage their highway systems. FISCAL NOTE There is no impact to the General Fund. CONTACT: Byron Keely, Local Highway Technical Assistance Council 344-0565 STATEMENT OF PURPOSE/ FISCAL NOTE S 1408