2002 Legislation
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HOUSE BILL NO. 551 – Traffic accident memorials/hwy only

HOUSE BILL NO. 551

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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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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-".

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


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


	             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