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H0551aa.......................................by TRANSPORTATION AND DEFENSE
TRAFFIC ACCIDENT MEMORIALS - Amends existing law to clarify that memorials
are restricted to persons killed in traffic accidents on state highways; to
provide that placement of memorials is restricted to the areas adjacent to
the state highways; and to define "state highways."
02/05 House intro - 1st rdg - to printing
02/06 Rpt prt - to Transp
02/15 Rpt out - to Gen Ord
02/20 Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/27 3rd rdg as amen - PASSED - 56-2-12
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Block,
Boe, Bolz, Bradford, Campbell, Clark, Collins, Cuddy, Deal, Ellis,
Ellsworth, Eskridge, Field(13), Gagner, Gould, Hadley, Harwood,
Henbest, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz,
Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery,
Moyle, Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Sellman, Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman,
Trail, Wheeler, Young, Mr. Speaker
NAYS -- Bruneel, Smith(23)
Absent and excused -- Black, Callister, Crow, Denney, Field(20),
Hammond, Higgins, Lake, Mortensen, Pischner, Schaefer, Wood
Floor Sponsor - Hornbeck
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 551
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO TRAFFIC ACCIDENTS AND MEMORIALS; AMENDING SECTION 49-1316, IDAHO
3 CODE, TO CLARIFY THAT MEMORIALS ARE RESTRICTED TO PERSONS KILLED IN TRAF-
4 FIC ACCIDENTS ON STATE HIGHWAYS AND THAT PLACEMENT OF MEMORIALS IS
5 RESTRICTED TO AREAS ADJACENT TO STATE HIGHWAYS; AND DECLARING AN EMER-
6 GENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 49-1316, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 49-1316. ERECTION OF MEMORIALS TO PERSONS KILLED IN TRAFFIC ACCIDENTS. As
11 a means of promoting safety upon the highways of this the state highway
12 system, the transportation department, the state police and other law enforce-
13 ment officers shall permit relatives or friends of a person killed in a traf-
14 fic accident upon a state highway of the state, with the consent of the next
15 of kin of the deceased, to erect a traffic accident memorial in memory of the
16 decedent. The traffic accident memorial shall be erected adjacent to the por-
17 tion of the state highway where the accident occurred so that the traffic
18 accident memorial serves as a reminder that a fatality occurred on that
19 stretch of state highway and that public safety will thereby be enhanced. The
20 transportation department shall promulgate rules to implement the provisions
21 of this section, to provide size limitations the traffic accident memorial
22 must conform to and to retain jurisdiction over areas adjacent to state high-
23 ways where traffic accident memorials are placed.
24 SECTION 2. An emergency existing therefor, which emergency is hereby
25 declared to exist, this act shall be in full force and effect on and after its
26 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Hornbeck
Seconded by Roberts
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 551
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, delete line 11 and insert: "a means of pro-
3 moting safety upon the state highways of this state"; in line 12, delete "sys-
4 tem"; in line 14, following "highway" delete "of the state" and insert: "of
5 the state"; in line 22, following "over" insert: "the"; and also in line 22,
6 following "adjacent to" insert: "the"; and in line 23, following "placed."
7 insert: "For the purposes of this section, "state highways" are defined as
8 those highways designated and accepted by the board as part of the state high-
9 way system pursuant to section 40-310, Idaho Code.".
10 AMENDMENT TO THE BILL
11 On page 1, following line 23, insert:
12 "SECTION 2. That Section 49-120, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 49-120. DEFINITIONS -- S.
15 (1) "Saddlemount combination" means a combination of vehicles in which a
16 truck or truck tractor tows one (1), two (2) or three (3) trucks or truck
17 tractors, each connected by a saddle to the frame or fifth wheel of the vehi-
18 cle in front of it. The saddle is a mechanism that connects the front axle of
19 the towed vehicle to the frame or fifth wheel of the vehicle in front and
20 functions like a fifth wheel kingpin connection. A smaller vehicle mounted
21 completely on the frame of either the first or last vehicle may be used in a
22 saddlemount combination.
23 (2) "Safety glazing materials" means glazing materials so constructed,
24 treated or combined with other materials as to reduce substantially, in com-
25 parison with ordinary sheet glass or plate glass, the likelihood of injury to
26 persons by objects from exterior sources or by these safety glazing materials
27 when they may be cracked or broken.
28 (3) "Safety zone" means the area or space officially set apart within a
29 highway for the exclusive use of pedestrians and which is protected or is so
30 marked or indicated by adequate signs as to be plainly visible at all times
31 while set apart as a safety zone.
32 (4) "Salvage pool" means a licensed vehicle dealer engaged primarily in
33 the business of disposing of salvage vehicles, recovered stolen vehicles, or
34 both.
35 (5) "School bus" means every motor vehicle that complies with the color
36 and identification requirements set forth in the most recent edition of
37 "Minimum Standards for School Buses" and is used to transport children to or
38 from school or in connection with school approved activities and includes
39 buses operated by contract carriers.
40 (6) "Secretary" means the secretary of transportation of the United
41 States.
42 (7) "Security agreement." (See section 28-9-102, Idaho Code)
2
1 (8) "Security interest." (See section 28-1-201, Idaho Code)
2 (9) "Sell," "sold," "buy," and "purchase," mean and include, as used in
3 sections 49-2401 through 49-2406, Idaho Code, exchange, barter, gift, and
4 offer or contract to sell or buy.
5 (10) "Semitrailer." (See "Trailer," section 49-121, Idaho Code)
6 (11) "Serious traffic violation" means conviction of an offense specified
7 in 49 CFR part 383 while operating a commercial motor vehicle.
8 (12) "Sidewalk" means that portion of a street between the curb lines, or
9 the lateral lines of a roadway, and the adjacent property lines intended for
10 use by pedestrians.
11 (13) "Signal." (See "Railroad sign," section 49-119, Idaho Code)
12 (14) "Skills test" means an actual demonstration of ability to exercise
13 ordinary and reasonable control in the operation of a motor vehicle.
14 (15) "Slow moving vehicle" means any vehicle not normally operated upon
15 the highways.
16 (16) "Snow tire." (See "Tires," section 49-121, Idaho Code)
17 (17) "Sold." (See "Sell," "buy," and "purchase," this section)
18 (18) "Solid rubber tire." (See "Tires," section 49-121, Idaho Code)
19 (19) "Special license plate" means a license plate that is made available
20 to the public as a personal alternative to the standard issue license plate.
21 No special program fee shall be charged for the registration or plates issued
22 under sections 49-403, 49-403A, 49-404, 49-405, 49-410, 49-415, 49-415A and
23 49-415B, Idaho Code.
24 (20) "Special mobile equipment" means every vehicle not designed or used
25 primarily for the transportation of persons or property and only incidentally
26 operated or moved over a highway, including: ditch-digging apparatus, well-
27 boring apparatus and road construction and maintenance machinery such as
28 asphalt spreaders, bituminous mixers, bucket loaders, tractors other than
29 truck tractors, ditchers, leveling graders, finishing machines, motor graders,
30 road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels
31 and drag lines, and self-propelled cranes, and earth moving equipment. The
32 term does not include travel trailers, dump trucks, truck mounted transit
33 mixers, cranes or shovels, or other vehicles designed for the transportation
34 of persons or property to which machinery has been attached.
35 (21) "Specially constructed vehicle." (See "Vehicle," section 49-123,
36 Idaho Code)
37 (22) "Stand" or "standing" means the halting of a vehicle, whether occu-
38 pied or not, otherwise than temporarily for the purpose of and while actually
39 engaged in receiving or discharging passengers.
40 (23) "State" means a state, territory or possession of the United States,
41 the District of Columbia, the Commonwealth of Puerto Rico or a province of
42 Canada.
43 (24) "State highways" means, for the purposes of section 49-1316, Idaho
44 Code, those highways designated and accepted by the board as part of the state
45 highway system pursuant to section 40-310, Idaho Code.
46 (25) "Stop" means the act of or complete cessation from movement.
47 (256) "Stopping" means the act of any halting even momentarily of a vehi-
48 cle.
49 (267) "Street." (See "Highways," section 49-109, Idaho Code)
50 (278) "Street rod" means any pre-1949 vehicle which has had a significant
51 drive train update from a more modern vehicle. Changes may include engine,
52 transmission, rear axle, and other suspension components. The body will be,
53 or resemble the same as the manufacturer's original issue after its first sale
54 after manufacture.
55 (289) "Studded tire." (See "Tires," section 49-121, Idaho Code)
3
1 (2930) "Substandard width lane" means a lane that is too narrow for a
2 bicycle and a motor vehicle to travel safely side by side within the lane.
3 (301) "Supplemental lot" means a physically separate location owned and
4 maintained by a licensed dealer or manufacturer within the same or adjacent
5 county as the principal place of business which meets all the requirements for
6 a principal place of business.
7 (312) "Suspension of driver's license" means the temporary withdrawal by
8 formal action of the department or as otherwise provided in this title of a
9 person's driver's license or privilege to operate a motor vehicle on the pub-
10 lic highways, which temporary withdrawal shall be for a period specifically
11 designated by the department.
12 (323) "Suspension of vehicle registration" means the temporary withdrawal
13 by formal action of the department or as otherwise provided in this title of a
14 person's vehicle registration or, in the case of fleets of vehicles, all vehi-
15 cle registrations in each fleet operated by a company. Upon suspension, the
16 privileges of operating the vehicle or vehicles on Idaho highways is termi-
17 nated until the difficulty that caused the suspension is corrected and notifi-
18 cation is provided that the suspension has been lifted.";
19 and renumber the subsequent section of the bill accordingly.
20 CORRECTION TO TITLE
21 On page 1, delete line 5, and insert: "RESTRICTED TO THE AREAS ADJACENT TO
22 THE STATE HIGHWAYS; AMENDING SECTION 49-120, IDAHO CODE, TO DEFINE "STATE
23 HIGHWAYS" FOR THE PURPOSES OF SECTION 49-1316, IDAHO CODE; AND DECLARING AN
24 EMER-".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 551, As Amended
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO TRAFFIC ACCIDENTS AND MEMORIALS; AMENDING SECTION 49-1316, IDAHO
3 CODE, TO CLARIFY THAT MEMORIALS ARE RESTRICTED TO PERSONS KILLED IN TRAF-
4 FIC ACCIDENTS ON STATE HIGHWAYS AND THAT PLACEMENT OF MEMORIALS IS
5 RESTRICTED TO THE AREAS ADJACENT TO THE STATE HIGHWAYS; AMENDING SECTION
6 49-120, IDAHO CODE, TO DEFINE "STATE HIGHWAYS" FOR THE PURPOSES OF SECTION
7 49-1316, IDAHO CODE; AND DECLARING AN EMERGENCY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 49-1316, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-1316. ERECTION OF MEMORIALS TO PERSONS KILLED IN TRAFFIC ACCIDENTS. As
12 a means of promoting safety upon the state highways of this state, the trans-
13 portation department, the state police and other law enforcement officers
14 shall permit relatives or friends of a person killed in a traffic accident
15 upon a state highway of the state, with the consent of the next of kin of the
16 deceased, to erect a traffic accident memorial in memory of the decedent. The
17 traffic accident memorial shall be erected adjacent to the portion of the
18 state highway where the accident occurred so that the traffic accident memo-
19 rial serves as a reminder that a fatality occurred on that stretch of state
20 highway and that public safety will thereby be enhanced. The transportation
21 department shall promulgate rules to implement the provisions of this section,
22 to provide size limitations the traffic accident memorial must conform to and
23 to retain jurisdiction over the areas adjacent to the state highways where
24 traffic accident memorials are placed. For the purposes of this section,
25 "state highways" are defined as those highways designated and accepted by the
26 board as part of the state highway system pursuant to section 40-310, Idaho
27 Code.
28 SECTION 2. That Section 49-120, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 49-120. DEFINITIONS -- S.
31 (1) "Saddlemount combination" means a combination of vehicles in which a
32 truck or truck tractor tows one (1), two (2) or three (3) trucks or truck
33 tractors, each connected by a saddle to the frame or fifth wheel of the vehi-
34 cle in front of it. The saddle is a mechanism that connects the front axle of
35 the towed vehicle to the frame or fifth wheel of the vehicle in front and
36 functions like a fifth wheel kingpin connection. A smaller vehicle mounted
37 completely on the frame of either the first or last vehicle may be used in a
38 saddlemount combination.
39 (2) "Safety glazing materials" means glazing materials so constructed,
40 treated or combined with other materials as to reduce substantially, in com-
41 parison with ordinary sheet glass or plate glass, the likelihood of injury to
2
1 persons by objects from exterior sources or by these safety glazing materials
2 when they may be cracked or broken.
3 (3) "Safety zone" means the area or space officially set apart within a
4 highway for the exclusive use of pedestrians and which is protected or is so
5 marked or indicated by adequate signs as to be plainly visible at all times
6 while set apart as a safety zone.
7 (4) "Salvage pool" means a licensed vehicle dealer engaged primarily in
8 the business of disposing of salvage vehicles, recovered stolen vehicles, or
9 both.
10 (5) "School bus" means every motor vehicle that complies with the color
11 and identification requirements set forth in the most recent edition of
12 "Minimum Standards for School Buses" and is used to transport children to or
13 from school or in connection with school approved activities and includes
14 buses operated by contract carriers.
15 (6) "Secretary" means the secretary of transportation of the United
16 States.
17 (7) "Security agreement." (See section 28-9-102, Idaho Code)
18 (8) "Security interest." (See section 28-1-201, Idaho Code)
19 (9) "Sell," "sold," "buy," and "purchase," mean and include, as used in
20 sections 49-2401 through 49-2406, Idaho Code, exchange, barter, gift, and
21 offer or contract to sell or buy.
22 (10) "Semitrailer." (See "Trailer," section 49-121, Idaho Code)
23 (11) "Serious traffic violation" means conviction of an offense specified
24 in 49 CFR part 383 while operating a commercial motor vehicle.
25 (12) "Sidewalk" means that portion of a street between the curb lines, or
26 the lateral lines of a roadway, and the adjacent property lines intended for
27 use by pedestrians.
28 (13) "Signal." (See "Railroad sign," section 49-119, Idaho Code)
29 (14) "Skills test" means an actual demonstration of ability to exercise
30 ordinary and reasonable control in the operation of a motor vehicle.
31 (15) "Slow moving vehicle" means any vehicle not normally operated upon
32 the highways.
33 (16) "Snow tire." (See "Tires," section 49-121, Idaho Code)
34 (17) "Sold." (See "Sell," "buy," and "purchase," this section)
35 (18) "Solid rubber tire." (See "Tires," section 49-121, Idaho Code)
36 (19) "Special license plate" means a license plate that is made available
37 to the public as a personal alternative to the standard issue license plate.
38 No special program fee shall be charged for the registration or plates issued
39 under sections 49-403, 49-403A, 49-404, 49-405, 49-410, 49-415, 49-415A and
40 49-415B, Idaho Code.
41 (20) "Special mobile equipment" means every vehicle not designed or used
42 primarily for the transportation of persons or property and only incidentally
43 operated or moved over a highway, including: ditch-digging apparatus, well-
44 boring apparatus and road construction and maintenance machinery such as
45 asphalt spreaders, bituminous mixers, bucket loaders, tractors other than
46 truck tractors, ditchers, leveling graders, finishing machines, motor graders,
47 road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels
48 and drag lines, and self-propelled cranes, and earth moving equipment. The
49 term does not include travel trailers, dump trucks, truck mounted transit
50 mixers, cranes or shovels, or other vehicles designed for the transportation
51 of persons or property to which machinery has been attached.
52 (21) "Specially constructed vehicle." (See "Vehicle," section 49-123,
53 Idaho Code)
54 (22) "Stand" or "standing" means the halting of a vehicle, whether occu-
55 pied or not, otherwise than temporarily for the purpose of and while actually
3
1 engaged in receiving or discharging passengers.
2 (23) "State" means a state, territory or possession of the United States,
3 the District of Columbia, the Commonwealth of Puerto Rico or a province of
4 Canada.
5 (24) "State highways" means, for the purposes of section 49-1316, Idaho
6 Code, those highways designated and accepted by the board as part of the state
7 highway system pursuant to section 40-310, Idaho Code.
8 (25) "Stop" means the act of or complete cessation from movement.
9 (256) "Stopping" means the act of any halting even momentarily of a vehi-
10 cle.
11 (267) "Street." (See "Highways," section 49-109, Idaho Code)
12 (278) "Street rod" means any pre-1949 vehicle which has had a significant
13 drive train update from a more modern vehicle. Changes may include engine,
14 transmission, rear axle, and other suspension components. The body will be,
15 or resemble the same as the manufacturer's original issue after its first sale
16 after manufacture.
17 (289) "Studded tire." (See "Tires," section 49-121, Idaho Code)
18 (2930) "Substandard width lane" means a lane that is too narrow for a
19 bicycle and a motor vehicle to travel safely side by side within the lane.
20 (301) "Supplemental lot" means a physically separate location owned and
21 maintained by a licensed dealer or manufacturer within the same or adjacent
22 county as the principal place of business which meets all the requirements for
23 a principal place of business.
24 (312) "Suspension of driver's license" means the temporary withdrawal by
25 formal action of the department or as otherwise provided in this title of a
26 person's driver's license or privilege to operate a motor vehicle on the pub-
27 lic highways, which temporary withdrawal shall be for a period specifically
28 designated by the department.
29 (323) "Suspension of vehicle registration" means the temporary withdrawal
30 by formal action of the department or as otherwise provided in this title of a
31 person's vehicle registration or, in the case of fleets of vehicles, all vehi-
32 cle registrations in each fleet operated by a company. Upon suspension, the
33 privileges of operating the vehicle or vehicles on Idaho highways is termi-
34 nated until the difficulty that caused the suspension is corrected and notifi-
35 cation is provided that the suspension has been lifted.
36 SECTION 3. An emergency existing therefor, which emergency is hereby
37 declared to exist, this act shall be in full force and effect on and after its
38 passage and approval.
STATEMENT OF PURPOSE
RS 11881
To clarify that memorials to victims of traffic accidents shall
be permitted on State highways.
FISCAL IMPACT
None
Contact
Name: Rep. Twila Hornbeck
FISCAL IMPACT
Phone: 208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 551