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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
|||| 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.
|||| 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".
|||| 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
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