2001 Legislation
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SENATE BILL NO. 1140 – Highways, water from irrigation

SENATE BILL NO. 1140

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Daily Data Tracking History



S1140aa..............................................by JUDICIARY AND RULES
HIGHWAYS - Amends existing law to provide that it is a violation for
running water across certain public highways, roads or streets by flooding
or sprinkler irrigation; to provide certain conditions for application of
the section; to provide for infractions and misdemeanors; to provide for
exceptions; and to provide an exception for violations defined in the
chapter.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Transp
02/23    Rpt out - to 14th Ord
03/01    Rpt out amen - to engros
03/02    Rpt engros - 1st rdg - to 2nd rdg as amen
03/05    2nd rdg - to 3rd rdg as amen
03/08    3rd rdg as amen - PASSED - 29-4-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Cameron, Danielson, Darrington, Dunklin, Frasure, Geddes, Goedde,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Richardson, Risch,
      Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler,
      Whitworth
      NAYS -- Burtenshaw, Davis, Hawkins, Williams
      Absent and excused -- Deide, Noh
    Floor Sponsor -- Darrington
    Title apvd - to House
03/09    House intro - 1st rdg - to Transp
03/21    Rpt out - rec d/p - to 2nd rdg as amen
03/22    2nd rdg - to 3rd rdg as amen
03/28    3rd rdg as amen - PASSED - 44-25-1
      AYES -- Barraclough, Barrett, Bedke, Black, Boe, Bolz, Bradford,
      Bruneel, Chase, Collins, Cuddy, Deal, Denney, Field(13), Gagner,
      Hadley, Hammond, Hornbeck, Jaquet, Jones, Kellogg, Kunz, Langford,
      Marley, McKague, Meyer, Montgomery, Moyle, Pearce, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Sali, Schaefer, Shepherd, Smith, Smylie,
      Stone, Tilman, Trail, Young(Young), Mr. Speaker
      NAYS -- Bell, Bieter, Callister, Campbell, Clark, Crow, Ellis,
      Ellsworth, Eskridge, Field(20), Gould, Hansen, Harwood,
      Henbest(Farley), Higgins, Kendell, Lake, Loertscher, Mader,
      Mortensen, Moss, Robison, Sellman, Stevenson, Wheeler
      Absent and excused -- Wood
    Floor Sponsor -- Pischner
    Title apvd - to Senate
03/29    To enrol
    Rpt enrol - Pres signed
03/30    Sp signed - to Governor
04/02    Governor signed
         Session Law Chapter 289
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1140
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HIGHWAYS AND BRIDGES; AMENDING SECTION  18-3908,  IDAHO  CODE,  TO
  3        PROVIDE  FOR  VIOLATIONS FOR RUNNING WATER ACROSS CERTAIN PUBLIC HIGHWAYS,
  4        ROADS OR STREETS BY FLOODING OR SPRINKLER IRRIGATION, TO  PROVIDE  CERTAIN
  5        CONDITIONS  TO  APPLICATION OF THE SECTION, TO PROVIDE FOR INFRACTIONS AND
  6        MISDEMEANORS AND TO  PROVIDE  FOR  CERTAIN  EXCEPTIONS;  AMENDING  SECTION
  7        18-3914, IDAHO CODE, TO PROVIDE AN EXCEPTION FOR VIOLATIONS DEFINED IN THE
  8        CHAPTER AS INFRACTIONS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 18-3908, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        18-3908.  FLOODING HIGHWAYS. Any person who runs water either by  flooding
 13    or  sprinkler  irrigation  across  any public highway, road or street, without
 14    first constructing a good and sufficient ditch or ditches to convey the  same,
 15    or  who  fails  to  bridge  such  ditch  or ditches, or to keep such bridge or
 16    ditches in good repair, or to ensure that the flow from the sprinkler does not
 17    strike the public highway, road or street and all persons, companies or corpo-
 18    rations who suffer any water used by them for the purpose  of  irrigation,  or
 19    any  other  purposes, to flow into or upon any public highway, road or street,
 20    in any other manner than that authorized by law, are guilty of  an  infraction
 21    on  the  first  offense, and shall be guilty of a misdemeanor for each offense
 22    thereafter per calendar year, and upon conviction thereof must be fined in any
 23    sum not less than one dollar ($1.00) nor more  than  fifty  dollars  ($50.00),
 24    together  with  the  costs of suit, and for a second offense, double said fine
 25    and costs; and it is hereby made the duty of all road supervisors,  constables
 26    and  marshals,  to  make  complaint before the proper court, for violations of
 27    this section, whenever notified or having knowledge thereof. A person may  not
 28    be  charged under the provisions of this chapter if the flooding from a sprin-
 29    kler system is a result of mechanical failure, wind or other  climatic  condi-
 30    tion.
                                                                        
 31        SECTION  2.  That  Section 18-3914, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        18-3914.  VIOLATION A MISDEMEANOR. A violation of this chapter and regula-
 34    tions authorized by this act is a misdemeanor unless the violation is  defined
 35    as an infraction.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Darrington          
                                                                        
                                                     Seconded by Frasure             
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1140
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 17,  delete  "strike"  and  insert:
  3    "flood"; in line 29, following "kler" insert: "or other water conveyance"; and
  4    in  line 30, following "tion" insert: ", or other circumstances outside of the
  5    control of the person".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1140, As Amended
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HIGHWAYS AND BRIDGES; AMENDING SECTION  18-3908,  IDAHO  CODE,  TO
  3        PROVIDE  FOR  VIOLATIONS FOR RUNNING WATER ACROSS CERTAIN PUBLIC HIGHWAYS,
  4        ROADS OR STREETS BY FLOODING OR SPRINKLER IRRIGATION, TO  PROVIDE  CERTAIN
  5        CONDITIONS  TO  APPLICATION OF THE SECTION, TO PROVIDE FOR INFRACTIONS AND
  6        MISDEMEANORS AND TO  PROVIDE  FOR  CERTAIN  EXCEPTIONS;  AMENDING  SECTION
  7        18-3914, IDAHO CODE, TO PROVIDE AN EXCEPTION FOR VIOLATIONS DEFINED IN THE
  8        CHAPTER AS INFRACTIONS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 18-3908, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        18-3908.  FLOODING HIGHWAYS. Any person who runs water either by  flooding
 13    or  sprinkler  irrigation  across  any public highway, road or street, without
 14    first constructing a good and sufficient ditch or ditches to convey the  same,
 15    or  who  fails  to  bridge  such  ditch  or ditches, or to keep such bridge or
 16    ditches in good repair, or to ensure that the flow from the sprinkler does not
 17    flood the public highway, road or street and all persons, companies or  corpo-
 18    rations  who  suffer  any water used by them for the purpose of irrigation, or
 19    any other purposes, to flow into or upon any public highway, road  or  street,
 20    in  any  other manner than that authorized by law, are guilty of an infraction
 21    on the first offense, and shall be guilty of a misdemeanor  for  each  offense
 22    thereafter per calendar year, and upon conviction thereof must be fined in any
 23    sum  not  less  than  one dollar ($1.00) nor more than fifty dollars ($50.00),
 24    together with the costs of suit, and for a second offense,  double  said  fine
 25    and  costs; and it is hereby made the duty of all road supervisors, constables
 26    and marshals, to make complaint before the proper  court,  for  violations  of
 27    this  section, whenever notified or having knowledge thereof. A person may not
 28    be charged under the provisions of this chapter if the flooding from a  sprin-
 29    kler  or other water conveyance system is a result of mechanical failure, wind
 30    or other climatic condition, or other circumstances outside of the control  of
 31    the person.
                                                                        
 32        SECTION  2.  That  Section 18-3914, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        18-3914.  VIOLATION A MISDEMEANOR. A violation of this chapter and regula-
 35    tions authorized by this act is a misdemeanor unless the violation is  defined
 36    as an infraction.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                             RS 10931


This legislation amends Idaho Code section 18-3908, Title 18, to 
provide that persons who run water over public roadways, either by 
flooding or sprinkler irrigation, without first constructing 
ditches to ensure that the same water does not strike such 
roadways, shall be guilty of an infraction for the first offense 
and a misdemeanor for each subsequent offense.  Additionally, 
persons shall not be charged if the flooding is the result of 
mechanical or climatic circumstances.   

FISCAL IMPACT

None to the General Fund. 







Contact
Name: Stuart O. Davis; Executive Director, 
Idaho Association of Highway Districts, Inc.

Phone: 859-9378


 





STATEMENT OF PURPOSE/FISCAL NOTE                S 114