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H0580...................................................by LOCAL GOVERNMENT
HIGHWAYS - ANIMALS - Amends, repeals and adds to existing law relating to
animals on open range to govern animals running at large on state highways;
to provide conditions for negligence; and to provide that there is no
presumption of negligence.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 580
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO ANIMALS ON OPEN RANGE; REPEALING SECTION 25-2118, IDAHO CODE;
3 AMENDING CHAPTER 21, TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
4 TION 25-2118, IDAHO CODE, TO GOVERN ANIMALS RUNNING AT LARGE ON STATE
5 HIGHWAYS, TO PROVIDE FOR PERMITS AND TO PROVIDE THAT THERE IS NO PRESUMP-
6 TION OF NEGLIGENCE; AND AMENDING SECTION 25-2119, IDAHO CODE, TO GOVERN
7 ANIMALS ON OPEN RANGE AND TO DEFINE A TERM.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 25-2118, Idaho Code, be, and the same is hereby
10 repealed.
11 SECTION 2. That Chapter 21, Title 25, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 25-2118, Idaho Code, and to read as follows:
14 25-2118. ANIMALS RUNNING AT LARGE ON STATE HIGHWAYS. (1) Persons owning,
15 or controlling the possession of, any domestic animal shall not allow such
16 animal(s) to run at large, be pastured, staked, or tethered upon any state
17 highway. "State highway" has the meaning specified in section 40-120, Idaho
18 Code.
19 (2) Upon application by an owner or person in charge of livestock, the
20 department of transportation or duly authorized local representative may issue
21 written permits, only for daylight hours, on such terms as the department
22 finds proper, authorizing the owner or person in charge of livestock to make a
23 single trip across or within the boundaries of a right-of-way for a highway.
24 (3) In a civil action brought by the owner, operator or occupant of a
25 motor vehicle, or by their personal assignees, or by the owner of the live-
26 stock, for damages caused by collision with any domestic animal or animals on
27 a highway, there is no presumption of negligence, either on the part of the
28 owner, operator or occupant of the motor vehicle, or on the part of the live-
29 stock owner, possessor or controller.
30 SECTION 3. That Section 25-2119, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 25-2119. OWNER OR POSSESSOR OF ANIMALS NOT LIABLE FOR ANIMAL ON HIGHWAY
33 ON OPEN RANGE. No person owning, or controlling the possession of, any domes-
34 tic animal lawfully on any highway, shall be deemed guilty of negligence by
35 reason thereof shall be liable for damage to any vehicle or for injury to any
36 person riding therein, caused by a collision between the vehicle and the ani-
37 mal on open range territory. "Open range" means all unenclosed lands, not
38 including state highways, outside of cities, towns and herd districts, upon
39 which livestock is permitted to graze or roam.
STATEMENT OF PURPOSE
RS 11832
This legislation will add a new section to Idaho Code to govern
animals running at large on state highways. It will further provide
for permits and provide for liability. It further amends Section
25-2119 to govern animals on open range.
FISCAL IMPACT
There is no financial impact to the general fund.
contact
Name: Representative Ruby R Stone
Phone: 332-1147
Brad Christensen
208 890 0507
STATEMENT OF PURPOSE/FISCAL NOTE H 580