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S1115aa...................................................by TRANSPORTATION
PUBLIC RIGHT-OF-WAY - Amends existing law relating to highway and motor
vehicle law to revise and clarify the definitions of "public right-of-way."
(Amendment deleted the enacting clause.)
02/09 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
03/07 Rpt out - to 14th Ord
03/13 Rpt out amen - to engros
03/14 Rpt engros - Enacting Clause Struck
Filed in Office of the Secretary of Senate
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1115
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAY AND MOTOR VEHICLE LAW; AMENDING SECTION 40-117, IDAHO
3 CODE, TO CLARIFY THE DEFINITION OF "PUBLIC RIGHT-OF-WAY"; AND AMENDING
4 SECTION 49-117, IDAHO CODE, TO REVISE AND CLARIFY THE DEFINITION OF
5 "PUBLIC RIGHT-OF-WAY."
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 40-117, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 40-117. DEFINITIONS -- P. (1) "Person" includes every natural person,
10 firm, fiduciary, copartnership, association, corporation, trustee, receiver or
11 assignee for the benefit of creditors.
12 (2) "Place." (See "Maintain," section 40-114, Idaho Code)
13 (3) "Primary system" or "primary highway" means any portion of the high-
14 ways of the state, as officially designated, or as may hereafter be so desig-
15 nated, by the Idaho transportation board, and approved by the secretary of
16 transportation, pursuant to the provisions of title 23, U.S. Code, "Highways."
17 (4) "Public highway agency" means the state transportation department,
18 any city, county, highway district or other political subdivision of the state
19 with jurisdiction over public highway systems and public rights-of-way.
20 (5) "Public highways" means all highways open to public use in the state,
21 whether maintained by the state or by any county, highway district, city, or
22 other political subdivision. (Also see "Highways," section 40-109, Idaho Code)
23 (6) "Public right-of-way" means a right-of-way open to the public and
24 under the jurisdiction of a public highway agency, including where the public
25 highway agency has no obligation to construct or maintain, but may expend
26 funds for the maintenance of, said public right-of-way or post traffic signs
27 for vehicular traffic on said public right-of-way. In addition, a public
28 right-of-way includes a right-of-way which was originally intended for devel-
29 opment as a highway and was accepted on behalf of the public by deed of pur-
30 chase, fee simple title, authorized easement, eminent domain, by plat,
31 prescriptive use, or abandonment of a highway pursuant to section 40-203,
32 Idaho Code, but shall not include federal land rights-of-way, as provided in
33 section 40-204A, Idaho Code, that resulted from the creation of a facility for
34 the transmission of water. Public rights-of-way shall not be considered
35 improved highways for the apportionment of funds from the highway distribution
36 account.
37 (7) "Public transportation services" means, but is not limited to, fixed
38 transit routes, scheduled or unscheduled transit services provided by motor
39 vehicle, bus, rail, van, aerial tramway and other modes of public conveyance;
40 paratransit service for the elderly and disabled; shuttle and commuter service
41 between cities, counties, health care facilities, employment centers, educa-
42 tional institutions or park-and-ride locations; subscription van and car pool-
43 ing services; transportation services unique to social service programs; and
2
1 the management and administration thereof.
2 SECTION 2. That Section 49-117, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 49-117. DEFINITIONS -- P.
5 (1) "Park" or "parking" means the standing of a vehicle, whether occupied
6 or not, other than temporarily for the purpose of and while actually engaged
7 in loading or unloading property or passengers.
8 (2) "Park trailer." (See "Trailer," section 49-121, Idaho Code)
9 (3) "Part-time salesman" means any person employed as a vehicle salesman
10 on behalf of a dealer less than thirty (30) hours per week.
11 (4) "Peace officer." (See section 19-5101(d), Idaho Code)
12 (5) "Pedestrian" means any person afoot and any person operating a wheel-
13 chair or a motorized wheelchair or an electric personal assistive mobility
14 device.
15 (6) "Pedestrian path" means any path, sidewalk or way set-aside and used
16 exclusively by pedestrians.
17 (7) (a) "Person" means every natural person, firm, fiduciary, copartner-
18 ship, association, corporation, trustee, receiver or assignee for the ben-
19 efit of creditors, political subdivision, state or federal governmental
20 department, agency, or instrumentality, and for the purposes of chapter 22
21 of this title shall include a private, common or contract carrier operat-
22 ing a vehicle on any highway of this state.
23 (b) "Person with a disability" means:
24 (i) A person who is unable to walk two hundred (200) feet or more
25 unassisted by another person;
26 (ii) A person who is unable to walk two hundred (200) feet or more
27 without the aid of a walker, cane, crutches, braces, prosthetic
28 device or a wheelchair; or
29 (iii) A person who is unable to walk two hundred (200) feet or more
30 without great difficulty or discomfort due to the following impair-
31 ments: neurological, orthopedic, respiratory, cardiac, arthritic dis-
32 order, blindness, or the loss of function or absence of a limb.
33 (iv) For the purposes of chapters 3 and 4 of this title, a person
34 with a permanent disability is one whose physician certifies that the
35 person qualifies as a person with a disability pursuant to this sub-
36 section (7)(b), and further certifies that there is no expectation
37 for a fundamental or marked change in the person's condition at any
38 time in the future.
39 (8) "Personal information" means information that identifies an individ-
40 ual, including an individual's photograph or computerized image, social secu-
41 rity number, driver identification number, name, address, telephone number,
42 and medical or disability information, but does not include information on
43 vehicular accidents, driving or equipment-related violations, the five-digit
44 zip code of the person's address, or status of the driver's license or motor
45 vehicle registration.
46 (9) "Pneumatic tire." (See "Tires," section 49-121, Idaho Code)
47 (10) "Pole trailer." (See "Trailer," section 49-121, Idaho Code)
48 (11) "Possessory lien" means a lien dependent upon possession for compen-
49 sation to which a person is legally entitled for making repairs or performing
50 labor upon, and furnishing supplies or materials for, and for the towing,
51 storage, repair, or safekeeping of, any vehicle of a type subject to registra-
52 tion.
53 (12) "Possessory lienholder" means any person claiming a lien, that lien
3
1 claimed to have accrued on a basis of services rendered to the vehicle which
2 is the subject of the lien.
3 (13) "Preceding year" means, for the purposes of section 49-435, Idaho
4 Code, a period of twelve (12) consecutive months fixed by the department,
5 prior to July 1 of the year immediately preceding the commencement of the reg-
6 istration or license year for which proportional registration is sought. The
7 department in fixing the period shall make it conform to the terms, conditions
8 and requirements of any applicable agreement or arrangement for the propor-
9 tional registration of vehicles.
10 (14) "Pressure regulator valve" means a device or system which governs the
11 load distribution and controls the weight borne by a variable load suspension
12 axle in accordance with a predetermined valve setting.
13 (15) "Principal place of business" means an enclosed commercial structure
14 located within the state, easily accessible and open to the public at all rea-
15 sonable times, with an improved display area large enough to display five (5)
16 or more vehicles of the type the dealer is licensed to sell, immediately
17 adjoining the building, and at which the business of a dealer, including the
18 display and repair of vehicles, may be lawfully carried on in accordance with
19 the terms of all applicable building codes, zoning and other land-use regula-
20 tory ordinances, and in which building the public shall be able to contact the
21 dealer or his salesmen in person or by telephone at all reasonable times, and
22 at which place of business shall be kept and maintained the books, records and
23 files necessary to conduct the business. The principal place of business shall
24 display an exterior sign permanently affixed to the land or building, with
25 letters clearly visible to the major avenue of traffic. In no event shall a
26 room or rooms in a hotel, rooming house, or apartment house building or a part
27 of any single or multiple unit dwelling house be considered a "principal place
28 of business" within the terms and provisions of this title unless the entire
29 ground floor of that hotel, apartment house, or rooming house building or
30 dwelling house be devoted principally to and occupied for commercial purposes,
31 and the office or offices of the dealer be located on the ground floor.
32 (16) "Private property open to the public" means real property not owned
33 by the federal government or the state of Idaho or any of its political subdi-
34 visions, but is available for vehicular traffic or parking by the general pub-
35 lic with the permission of the owner or agent of the real property.
36 (17) "Private road" means every way or place in private ownership and
37 used for vehicular travel by the owner and those having express or implied
38 permission from the owner, but not by other persons.
39 (18) "Proof of financial responsibility" means proof of ability to
40 respond in damages for liability, on account of accidents occurring subsequent
41 to the effective date of the proof, arising out of the ownership, maintenance
42 or use of a motor vehicle, in the amount of twenty-five thousand dollars
43 ($25,000) because of bodily injury to or death of one (1) person in any one
44 (1) accident, and, subject to the limit for one (1) person, in the amount of
45 fifty thousand dollars ($50,000) because of bodily injury to or death of two
46 (2) or more persons in any one (1) accident, and in the amount of fifteen
47 thousand dollars ($15,000) because of injury to or destruction of property of
48 others in any one (1) accident.
49 (19) "Proper authority" means a public highway agency.
50 (20) "Public highway agency" means the state transportation department,
51 any city, county, highway district or any other state agency which has juris-
52 diction over public highway systems and public rights-of-way.
53 (21) "Public right-of-way" means a right-of-way open to the public and
54 under the jurisdiction of a public highway agency, including where the public
55 highway agency has no obligation to construct or maintain said right-of-way
4
1 for vehicular traffic, but may expend funds for the maintenance of, said pub-
2 lic right-of-way or post traffic signs for vehicular traffic on said public
3 right-of-way. In addition, a public right-of-way includes a right-of-way which
4 was originally intended for development as a highway and was accepted on
5 behalf of the public by deed of purchase, fee simple title, authorized ease-
6 ment, eminent domain, by plat, prescriptive use, or abandonment of a highway
7 pursuant to section 40-203, Idaho Code, but shall not include federal land
8 rights-of-way, as provided in section 40-204A, Idaho Code, that resulted from
9 the creation of a facility for the transmission of water. Public rights-of-way
10 shall not be considered improved highways for the apportionment of funds from
11 the highway distribution account.
12 (22) "Public road jurisdiction" means a public highway agency.
13 (23) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho
14 Code)
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Little
Seconded by McGee
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1115
1 AMENDMENT TO BILL
2 On page 1 of the printed bill, delete line 6, which is the enacting
3 clause.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1115, As Amended
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAY AND MOTOR VEHICLE LAW; AMENDING SECTION 40-117, IDAHO
3 CODE, TO CLARIFY THE DEFINITION OF "PUBLIC RIGHT-OF-WAY"; AND AMENDING
4 SECTION 49-117, IDAHO CODE, TO REVISE AND CLARIFY THE DEFINITION OF
5 "PUBLIC RIGHT-OF-WAY."
6 SECTION 1. That Section 40-117, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 40-117. DEFINITIONS -- P. (1) "Person" includes every natural person,
9 firm, fiduciary, copartnership, association, corporation, trustee, receiver or
10 assignee for the benefit of creditors.
11 (2) "Place." (See "Maintain," section 40-114, Idaho Code)
12 (3) "Primary system" or "primary highway" means any portion of the high-
13 ways of the state, as officially designated, or as may hereafter be so desig-
14 nated, by the Idaho transportation board, and approved by the secretary of
15 transportation, pursuant to the provisions of title 23, U.S. Code, "Highways."
16 (4) "Public highway agency" means the state transportation department,
17 any city, county, highway district or other political subdivision of the state
18 with jurisdiction over public highway systems and public rights-of-way.
19 (5) "Public highways" means all highways open to public use in the state,
20 whether maintained by the state or by any county, highway district, city, or
21 other political subdivision. (Also see "Highways," section 40-109, Idaho Code)
22 (6) "Public right-of-way" means a right-of-way open to the public and
23 under the jurisdiction of a public highway agency, including where the public
24 highway agency has no obligation to construct or maintain, but may expend
25 funds for the maintenance of, said public right-of-way or post traffic signs
26 for vehicular traffic on said public right-of-way. In addition, a public
27 right-of-way includes a right-of-way which was originally intended for devel-
28 opment as a highway and was accepted on behalf of the public by deed of pur-
29 chase, fee simple title, authorized easement, eminent domain, by plat,
30 prescriptive use, or abandonment of a highway pursuant to section 40-203,
31 Idaho Code, but shall not include federal land rights-of-way, as provided in
32 section 40-204A, Idaho Code, that resulted from the creation of a facility for
33 the transmission of water. Public rights-of-way shall not be considered
34 improved highways for the apportionment of funds from the highway distribution
35 account.
36 (7) "Public transportation services" means, but is not limited to, fixed
37 transit routes, scheduled or unscheduled transit services provided by motor
38 vehicle, bus, rail, van, aerial tramway and other modes of public conveyance;
39 paratransit service for the elderly and disabled; shuttle and commuter service
40 between cities, counties, health care facilities, employment centers, educa-
41 tional institutions or park-and-ride locations; subscription van and car pool-
42 ing services; transportation services unique to social service programs; and
43 the management and administration thereof.
2
1 SECTION 2. That Section 49-117, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 49-117. DEFINITIONS -- P.
4 (1) "Park" or "parking" means the standing of a vehicle, whether occupied
5 or not, other than temporarily for the purpose of and while actually engaged
6 in loading or unloading property or passengers.
7 (2) "Park trailer." (See "Trailer," section 49-121, Idaho Code)
8 (3) "Part-time salesman" means any person employed as a vehicle salesman
9 on behalf of a dealer less than thirty (30) hours per week.
10 (4) "Peace officer." (See section 19-5101(d), Idaho Code)
11 (5) "Pedestrian" means any person afoot and any person operating a wheel-
12 chair or a motorized wheelchair or an electric personal assistive mobility
13 device.
14 (6) "Pedestrian path" means any path, sidewalk or way set-aside and used
15 exclusively by pedestrians.
16 (7) (a) "Person" means every natural person, firm, fiduciary, copartner-
17 ship, association, corporation, trustee, receiver or assignee for the ben-
18 efit of creditors, political subdivision, state or federal governmental
19 department, agency, or instrumentality, and for the purposes of chapter 22
20 of this title shall include a private, common or contract carrier operat-
21 ing a vehicle on any highway of this state.
22 (b) "Person with a disability" means:
23 (i) A person who is unable to walk two hundred (200) feet or more
24 unassisted by another person;
25 (ii) A person who is unable to walk two hundred (200) feet or more
26 without the aid of a walker, cane, crutches, braces, prosthetic
27 device or a wheelchair; or
28 (iii) A person who is unable to walk two hundred (200) feet or more
29 without great difficulty or discomfort due to the following impair-
30 ments: neurological, orthopedic, respiratory, cardiac, arthritic dis-
31 order, blindness, or the loss of function or absence of a limb.
32 (iv) For the purposes of chapters 3 and 4 of this title, a person
33 with a permanent disability is one whose physician certifies that the
34 person qualifies as a person with a disability pursuant to this sub-
35 section (7)(b), and further certifies that there is no expectation
36 for a fundamental or marked change in the person's condition at any
37 time in the future.
38 (8) "Personal information" means information that identifies an individ-
39 ual, including an individual's photograph or computerized image, social secu-
40 rity number, driver identification number, name, address, telephone number,
41 and medical or disability information, but does not include information on
42 vehicular accidents, driving or equipment-related violations, the five-digit
43 zip code of the person's address, or status of the driver's license or motor
44 vehicle registration.
45 (9) "Pneumatic tire." (See "Tires," section 49-121, Idaho Code)
46 (10) "Pole trailer." (See "Trailer," section 49-121, Idaho Code)
47 (11) "Possessory lien" means a lien dependent upon possession for compen-
48 sation to which a person is legally entitled for making repairs or performing
49 labor upon, and furnishing supplies or materials for, and for the towing,
50 storage, repair, or safekeeping of, any vehicle of a type subject to registra-
51 tion.
52 (12) "Possessory lienholder" means any person claiming a lien, that lien
53 claimed to have accrued on a basis of services rendered to the vehicle which
54 is the subject of the lien.
3
1 (13) "Preceding year" means, for the purposes of section 49-435, Idaho
2 Code, a period of twelve (12) consecutive months fixed by the department,
3 prior to July 1 of the year immediately preceding the commencement of the reg-
4 istration or license year for which proportional registration is sought. The
5 department in fixing the period shall make it conform to the terms, conditions
6 and requirements of any applicable agreement or arrangement for the propor-
7 tional registration of vehicles.
8 (14) "Pressure regulator valve" means a device or system which governs the
9 load distribution and controls the weight borne by a variable load suspension
10 axle in accordance with a predetermined valve setting.
11 (15) "Principal place of business" means an enclosed commercial structure
12 located within the state, easily accessible and open to the public at all rea-
13 sonable times, with an improved display area large enough to display five (5)
14 or more vehicles of the type the dealer is licensed to sell, immediately
15 adjoining the building, and at which the business of a dealer, including the
16 display and repair of vehicles, may be lawfully carried on in accordance with
17 the terms of all applicable building codes, zoning and other land-use regula-
18 tory ordinances, and in which building the public shall be able to contact the
19 dealer or his salesmen in person or by telephone at all reasonable times, and
20 at which place of business shall be kept and maintained the books, records and
21 files necessary to conduct the business. The principal place of business shall
22 display an exterior sign permanently affixed to the land or building, with
23 letters clearly visible to the major avenue of traffic. In no event shall a
24 room or rooms in a hotel, rooming house, or apartment house building or a part
25 of any single or multiple unit dwelling house be considered a "principal place
26 of business" within the terms and provisions of this title unless the entire
27 ground floor of that hotel, apartment house, or rooming house building or
28 dwelling house be devoted principally to and occupied for commercial purposes,
29 and the office or offices of the dealer be located on the ground floor.
30 (16) "Private property open to the public" means real property not owned
31 by the federal government or the state of Idaho or any of its political subdi-
32 visions, but is available for vehicular traffic or parking by the general pub-
33 lic with the permission of the owner or agent of the real property.
34 (17) "Private road" means every way or place in private ownership and
35 used for vehicular travel by the owner and those having express or implied
36 permission from the owner, but not by other persons.
37 (18) "Proof of financial responsibility" means proof of ability to
38 respond in damages for liability, on account of accidents occurring subsequent
39 to the effective date of the proof, arising out of the ownership, maintenance
40 or use of a motor vehicle, in the amount of twenty-five thousand dollars
41 ($25,000) because of bodily injury to or death of one (1) person in any one
42 (1) accident, and, subject to the limit for one (1) person, in the amount of
43 fifty thousand dollars ($50,000) because of bodily injury to or death of two
44 (2) or more persons in any one (1) accident, and in the amount of fifteen
45 thousand dollars ($15,000) because of injury to or destruction of property of
46 others in any one (1) accident.
47 (19) "Proper authority" means a public highway agency.
48 (20) "Public highway agency" means the state transportation department,
49 any city, county, highway district or any other state agency which has juris-
50 diction over public highway systems and public rights-of-way.
51 (21) "Public right-of-way" means a right-of-way open to the public and
52 under the jurisdiction of a public highway agency, including where the public
53 highway agency has no obligation to construct or maintain said right-of-way
54 for vehicular traffic, but may expend funds for the maintenance of, said pub-
55 lic right-of-way or post traffic signs for vehicular traffic on said public
4
1 right-of-way. In addition, a public right-of-way includes a right-of-way which
2 was originally intended for development as a highway and was accepted on
3 behalf of the public by deed of purchase, fee simple title, authorized ease-
4 ment, eminent domain, by plat, prescriptive use, or abandonment of a highway
5 pursuant to section 40-203, Idaho Code, but shall not include federal land
6 rights-of-way, as provided in section 40-204A, Idaho Code, that resulted from
7 the creation of a facility for the transmission of water. Public rights-of-way
8 shall not be considered improved highways for the apportionment of funds from
9 the highway distribution account.
10 (22) "Public road jurisdiction" means a public highway agency.
11 (23) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho
12 Code)
Statement of Purpose
RS 16844
This legislation is a technical clarification of public right-
of way, and to provide consistency between the definitions in
Title 40 117 and Title 49 117.
FISCAL NOTE
There is no fiscal impact to the general fund.
Contact
Name: Stuart Davis, Idaho Association of Highway Districts
Phone: 345 5176
S 1115