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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN 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 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