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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 - 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
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