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SENATE BILL NO. 1462
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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
|||| 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
2 RELATING TO THE IDAHO TRANSPORTATION DEPARTMENT; AMENDING SECTION 40-109,
3 IDAHO CODE, TO DEFINE "HIGHWAY EMERGENCY INCIDENT" AND TO MAKE TECHNICAL
4 CORRECTIONS; AMENDING CHAPTER 5, TITLE 40, IDAHO CODE, BY THE ADDITION OF
5 A NEW SECTION 40-502A, IDAHO CODE, TO PROVIDE THAT IT IS THE DUTY AND
6 OBLIGATION OF THE DEPARTMENT TO TAKE THE INITIATIVE IN COORDINATING COMMU-
7 NICATIONS WITH THE GENERAL COMMUNITY AND WITH INDIVIDUAL LANDOWNERS
8 AFFECTED BY A HIGHWAY EMERGENCY INCIDENT AND TO REQUIRE THE DEPARTMENT TO
9 HAVE A CONTACT PERSON AVAILABLE TO COORDINATE COMMUNICATIONS REGARDING THE
10 DEPARTMENT'S PROPOSED PLANS FOR REMEDIATION OF THE SITE; AND AMENDING SEC-
11 TION 36-104, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE.
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
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-
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
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
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.
There is no fiscal impact.
Name: Senator Shawn Keough
STATEMENT OF PURPOSE/FISCAL NOTE S1462