2007 Legislation
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HOUSE BILL NO. 332 – Highways, access control standards


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Bill Status

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

Bill Text

  ]]]]              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
  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,
  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 / Fiscal Impact

                       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


Name: Representative Moyle 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                         H 332