2005 Legislation
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HOUSE BILL NO. 144 – Hwy construction, work zones


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Bill Status

H0144.........................................by TRANSPORTATION AND DEFENSE
HIGHWAY CONSTRUCTION - WORK ZONES - Amends existing law relating to highway
construction zones to change terminology from "construction danger zone" to
"work zone."
02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Transp
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/18    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie(Telleria), Snodgrass, Stevenson, Trail,
      Wills, Wood
      NAYS -- None
      Absent and excused -- Deal, Schaefer, Mr. Speaker
    Floor Sponsor - Roberts
    Title apvd - to Senate
02/21    Senate intro - 1st rdg - to Transp
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 32-0-2, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Werk, Williams
      NAYS -- None
      Absent and excused -- Hill, Sweet, (District 21 seat vacant)
    Floor Sponsor - Langhorst
    Title apvd - to House
03/14    To enrol
03/15    Rpt enrol - Sp signed
03/16    Pres signed
03/17    To Governor
03/21    Governor signed
         Session Law Chapter 83
         Effective: 07/01/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 144
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 49-104, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
 10        49-104.  DEFINITIONS -- C.
 11        (1)  "Cancellation of driver's license" means the annulment or termination
 12    by  formal  action of the department of a person's driver's license because of
 13    some error or defect in the driver's license or because  the  licensee  is  no
 14    longer  entitled  to  the  driver's  license.  The  cancellation of a driver's
 15    license is without prejudice and after compliance with requirements, the indi-
 16    vidual may apply for a new driver's license at any time after cancellation.
 17        (2)  "Caravaning" means the transportation of any motor vehicle into,  out
 18    of,  or within the state operating on its own wheels or in tow for the purpose
 19    of sale or offer of sale by any agent, dealer, manufacturer's  representative,
 20    purchaser,  or prospective purchaser, regardless of residence unless the motor
 21    vehicle is licensed by the state of  Idaho,  or  is  owned  by  an  automobile
 22    dealer,  duly  licensed as a dealer by this state. It shall also be considered
 23    as the transportation of property for hire by a motor vehicle upon  the  high-
 24    ways of this state.
 25        (3)  "Certificate of liability insurance" means a certificate of liability
 26    insurance  issued  by  an  insurance company authorized to do business in this
 27    state or a certificate of liability insurance  issued  by  the  department  of
 28    insurance  which  demonstrates  current  insurance against loss resulting from
 29    liability imposed by law for bodily injury or death or damage to property suf-
 30    fered by any person caused by accident and arising out of the operation, main-
 31    tenance or use of a motor vehicle described in the certificate  in  an  amount
 32    not  less  than  that required by section 49-1212, Idaho Code, and also demon-
 33    strates the current existence of any other  coverage  required  by  title  41,
 34    Idaho Code, or a certificate of self-insurance issued pursuant to law for each
 35    motor  vehicle  to  be  registered. A certificate of liability insurance shall
 36    contain the information required by the department of insurance, including the
 37    name and address of the owner of the motor vehicle and a  description  of  the
 38    motor  vehicle including identification number if there is one, or a statement
 39    that all vehicles owned by a person or entity are covered  by  insurance,  the
 40    inception  date of coverage, and the name of the insurer. "Certificate of lia-
 41    bility insurance" may also include the original contract of  liability  insur-
 42    ance  or  a  true  copy,  demonstrating the current existence of the liability
 43    insurance described above.
  1        (4)  "Certification of safety compliance" means that a motor carrier  cer-
  2    tifies  as  part of its registration process that it has knowledge of the fed-
  3    eral regulations and rules promulgated by the Idaho transportation  department
  4    and the Idaho state police applicable to motor carriers.
  5        (5)  "Commercial coach." (See section 39-4105, Idaho Code)
  6        (6)  "Commercial  driver's  license" means any class A, class B or class C
  7    driver's license as defined in section 49-105, Idaho Code.
  8        (7)  "Commercial driver license information system (CDLIS)" is the  infor-
  9    mation    system established to serve as a clearinghouse for locating informa-
 10    tion related to the licensing and identification of motor vehicle drivers.
 11        (8)  "Commercial driver training school" means a business enterprise  con-
 12    ducted  by  an  individual,  association, partnership, or corporation, for the
 13    education and training of persons, either  practically  or  theoretically,  or
 14    both,  to  operate  or  drive  motor vehicles, and charging a consideration or
 15    tuition for such services.
 16        (9)  "Commercial vehicle" or "commercial motor vehicle."  (See  "Vehicle,"
 17    section 49-123, Idaho Code)
 18        (10) "Compliance  review"  means  an  on-site examination of motor carrier
 19    operations, which may be at the carrier's place of  business,  including  dri-
 20    ver's  hours of service, vehicle maintenance and inspection, driver qualifica-
 21    tions, commercial driver's  license  requirements,  financial  responsibility,
 22    accidents,  hazardous materials, and such other related safety and transporta-
 23    tion records to determine safety fitness.
 24        (11) "Construction danger zone" means a construction or  maintenance  area
 25    that  is located on or adjacent to a highway and marked by appropriate warning
 26    signs.
 27        (12) "Controlled substance" means any substance so classified  under  sec-
 28    tion  102(6) of the controlled substances act (21 U.S.C. 802(6)), and includes
 29    all substances listed on schedules I through V, of 21, CFR part 1308, as  they
 30    may be revised from time to time.
 31        (132) "Conviction"  means  the  person  has  pled guilty or has been found
 32    guilty, notwithstanding the form of the judgment or withheld judgment. A  con-
 33    viction for purposes of this title shall also include an infraction judgment.
 34        (143) "Crosswalk" means:
 35        (a)  That part of a highway at an intersection included within the connec-
 36        tions of the lateral lines of the sidewalks on opposite sides of the high-
 37        way  measured from the curbs or in the absence of curbs, from the edges of
 38        the traversable highway; and in the absence of a sidewalk on one  side  of
 39        the  highway,  that part of a highway included within the extension of the
 40        lateral lines of the existing sidewalk at right angles to the centerline.
 41        (b)  Any portion of a highway at an intersection or  elsewhere  distinctly
 42        indicated  for  pedestrian crossing by lines or other markings on the sur-
 43        face.
 44        SECTION 2.  That Section 49-124, Idaho Code, be, and the  same  is  hereby
 45    amended to read as follows:
 46        49-124.  DEFINITIONS -- W.
 47        (1)  "Wheelchair,   motorized."   (See  "Motorized  Wwheelchair,"  section
 48    49-114, Idaho Code)
 49        (2)  "Wholesaler" means a dealer who sells used vehicles to Idaho dealers.
 50        (3)  "Work zone" means a construction or maintenance area that is  located
 51    on or adjacent to a highway and marked by appropriate warning signs.
 52        (4)  "Wrecker"  means a motor vehicle designed and used primarily for tow-
 53    ing other vehicles that may be disabled. A wrecker engaged in a motor  vehicle
  1    recovery  operation and which is blocking part or all of one (1) or more lanes
  2    of traffic shall be designated an emergency vehicle.
  3        SECTION 3.  That Section 49-657, Idaho Code, be, and the  same  is  hereby
  4    amended to read as follows:
  6    person shall operate a vehicle in excess of the  posted  maximum  speed  limit
  7    established  for a highway construction danger work zone when the construction
  8    danger work zone is designated by appropriately placed signs indicating:  con-
  9    struction  danger  the  work  zone;  the reduced speed limit; and notice of an
 10    enhanced penalty for exceeding the reduced speed limit.
 11        (2)  Violation of the provisions of this section shall  be  an  infraction
 12    punishable by a fixed penalty of fifty dollars ($50.00).

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 14842

This proposed legislation amends Sections 49-104, 49-124, and 49-
657, Idaho Code, to remove the term "CONSTRUCTION DANGER ZONE"
and replace it with "work zone".  Section 49-657, Idaho Code is
being interpreted as requiring the installation of signs with the
non-standard logo "CONSTRUCTION DANGER ZONE" for the statute to
apply. Replacing the term "CONSTRUCTION DANGER ZONE" with "work
zone" will bring the signing into conformity with the Manual on
Uniform Traffic Control Devices (MUTCD) and standards of the
Idaho Transportation Department (ITD).

                           FISCAL NOTE

None to the General Fund.

Name:  Rep. Ken Roberts 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                       H 144