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H0332.....................................................by WAYS AND MEANS
HIGHWAYS - ACCESS CONTROL - Amends existing law relating to the Idaho
Transportation Board to establish Board duties relating to the planning and
development of access control standards along certain state highways; and
to require an analysis of proposed access control standards.
03/28 House intro - 1st rdg - to printing
Rpt prt - to W/M
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 332
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO DUTIES OF THE IDAHO TRANSPORTATION BOARD; AMENDING SECTION 49-201,
3 IDAHO CODE, TO ESTABLISH BOARD DUTIES RELATING TO THE PLANNING AND DEVEL-
4 OPMENT OF ACCESS CONTROL STANDARDS ALONG CERTAIN STATE HIGHWAYS AND TO
5 REQUIRE AN ANALYSIS OF PROPOSED ACCESS CONTROL STANDARDS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 49-201, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 49-201. DUTIES OF BOARD. (1) With the exception of requirements for sec-
10 tions 49-217 and 49-218 and chapters 6 and 9, title 49, Idaho Code, which
11 shall be the responsibility of the director of the Idaho state police, and
12 section 49-447, Idaho Code, which shall be the responsibility of the director
13 of the department of parks and recreation, the board shall adopt and enforce
14 administrative rules and may designate agencies or enter into agreements with
15 private companies or public entities as may be necessary to carry out the pro-
16 visions of this title. It shall also provide suitable forms for applications,
17 registration cards, vehicle licenses, and all other forms requisite for the
18 purpose of the provisions of this title, and shall prepay all transportation
19 charges.
20 (2) The board may enter into agreements, compacts or arrangements with
21 other jurisdictions on behalf of Idaho for the purpose of conforming proce-
22 dures for proportional registration of commercial vehicles and other types of
23 reciprocal agreements. Copies of agreements, compacts or arrangements shall be
24 placed on file in the department and the board shall, as to all filings and
25 adoption, conform with the provisions of chapter 52, title 67, Idaho Code. The
26 board may approve, on a case by case basis, exemption from operating fees for
27 private nonprofit entities who are bringing public interest programs into the
28 state. These entities may not be in competition with companies who transport
29 goods and services for hire.
30 (3) The board shall adopt a manual and specifications for a uniform sys-
31 tem of traffic-control devices consistent with the provisions of this title
32 for use upon highways within the state. The uniform system shall correlate
33 with, and so far as possible, conform to the system set forth in the most
34 recent edition of the manual on uniform traffic control devices for streets
35 and highways and other standards issued or endorsed by the federal highway
36 administrator.
37 (4) Whenever the board shall determine upon the basis of an engineering
38 and traffic investigation that any maximum speed is greater or less than is
39 reasonable or safe under the conditions found to exist at any intersection or
40 other place or upon any part of the state highway or interstate highway sys-
41 tem, the board may determine and declare a reasonable and safe maximum limit,
42 thereat, not exceeding a maximum limit of seventy-five (75) miles per hour on
43 interstate highways and sixty-five (65) miles per hour on state highways,
2
1 which shall be effective when appropriate signs giving notice are erected. The
2 speed limit may be declared to be effective at all times or at the times as
3 indicated upon the signs. Differing limits may be established for different
4 times of day, different types of vehicles, varying weather conditions, and
5 other factors bearing on safe speeds, which shall be effective when posted
6 upon appropriate fixed or variable signs. The authority of the board to estab-
7 lish speed limits on state highways pursuant to this section does not restrict
8 the authority of the duly elected officials of an incorporated city acting in
9 the capacity of a local authority to establish lower speed limits for portions
10 of state highways, excluding controlled access and interstate highways, that
11 pass through residential, urban or business districts within the jurisdiction
12 of the incorporated city, for the purpose of enhancing motorist and pedestrian
13 safety.
14 (5) The board shall be responsible for the planning and development of
15 access control standards along state highways within the jurisdiction of the
16 incorporated city. In planning for and determining the access control stan-
17 dards on state highways in an incorporated city, the board shall consider the
18 speed limits established by the duly elected officials of an incorporated city
19 and shall take into consideration the comprehensive general plan of the incor-
20 porated city. The board shall prepare an analysis in coordination with the
21 incorporated city that identifies the proposed: (a) general locations and
22 widths of major state highways; (b) property setbacks; (c) control of access;
23 and (d) a system of public or other transit lines and related facilities
24 including rights-of-way, local or interstate interchanges, future corridors,
25 viaducts and grade separations. The established access control standards shall
26 not create an unnecessary technical limitation on the use of private property
27 and shall achieve a balance between use of private property and the functional
28 integrity of the road system in order to minimize the impacts on businesses
29 and property owners.
30 (6) In establishing the access control standards along state highways
31 within the jurisdiction of an incorporated city, the board shall conduct an
32 analysis of the proposed access control standards to ensure that access stan-
33 dards and policies, restrictions, conditions and fees do not violate private
34 property rights, adversely impact property values or create unnecessary tech-
35 nical limitations on the use of property as provided under chapter 80, title
36 67, Idaho Code.
37 (7) The board shall adopt and enforce rules as may be consistent with and
38 necessary to determine the classification of and the basis on which fees shall
39 be computed.
STATEMENT OF PURPOSE
RS 17148
This legislation relates to duties of the Idaho Transportation
Board and amends Section 49-201, Idaho Code, to establish board
duties relating to the planning and development of access control
standards along certain state highways and to require an analysis
of proposed access control standards.
FISCAL NOTE
None
Contact
Name: Representative Moyle
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 332