2004 Legislation
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SENATE BILL NO. 1286 – Flooding hwys, mechanical failure

SENATE BILL NO. 1286

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Bill Status



S1286.....................................................by TRANSPORTATION
FLOODING HIGHWAYS - Amends existing law to provide that a person may not be
charged under the provisions of flooding a highway if the flooding from a
sprinkler or other water conveyance system is a result of mechanical
failure, wind or other climatic condition, or other circumstance outside of
the control of the person, provided however, that violations shall be
rectified within twenty-four hours after written notification by a
governmental authority.
                                                                        
02/06    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Transp
02/25    Rpt out - to 14th Ord

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1286
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE CRIME OF FLOODING HIGHWAYS; AMENDING  SECTION  18-3908,  IDAHO
  3        CODE,  TO PROVIDE THAT A PERSON MAY NOT BE CHARGED UNDER THE PROVISIONS OF
  4        FLOODING A HIGHWAY IF THE FLOODING FROM A SPRINKLER OR OTHER WATER CONVEY-
  5        ANCE SYSTEM IS A RESULT OF MECHANICAL FAILURE, WIND OR OTHER CLIMATIC CON-
  6        DITION, OR OTHER CIRCUMSTANCES OUTSIDE OF THE CONTROL OF THE PERSON,  PRO-
  7        VIDED  THAT  VIOLATIONS  SHALL BE RECTIFIED WITHIN TWENTY-FOUR HOURS AFTER
  8        WRITTEN NOTIFICATION BY A GOVERNMENTAL AUTHORITY.
                                                                        
  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, provided however, that violations of this section shall be  recti-
 32    fied  within twenty-four (24) hours after written notification by a governmen-
 33    tal authority.

Statement of Purpose / Fiscal Impact


                  STATEMENT OF PURPOSE
    
                        RS 13762C1
    
The purpose of this legislation is to amend Idaho Code to
allow a period of twenty-four (24) hours from the time of
written notification by governmental authority for the
rectification of any highway flooding before criminal
charges are brought against said violator.
    
                      FISCAL IMPACT
    
None
    
    
    
Contact
    
Name:       Stuart Davis
Agency:     Idaho Association of Highway Districts
Phone:      208-345-5176                            S 1286