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S1117.....................................................by TRANSPORTATION HIGHWAYS - Amends existing law relating to flooding on highways to delete a provision specifying the penalty for a second offense; to provide that a person may not be charged for a violation if the flooding condition is corrected within twenty-four hours of notification. 02/09 Senate intro - 1st rdg - to printing 02/12 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1117 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO FLOODING HIGHWAYS; AMENDING SECTION 18-3908, IDAHO CODE, TO DELETE 3 A PROVISION SPECIFYING THE PENALTY FOR A SECOND OFFENSE, TO PROVIDE PROPER 4 TERMINOLOGY, TO PROVIDE THAT A PERSON MAY NOT BE CHARGED FOR A VIOLATION 5 OF THIS LAW IF THE FLOODING CONDITION IS CORRECTED WITHIN TWENTY-FOUR 6 HOURS OF NOTIFICATION AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 18-3908, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 18-3908. FLOODING HIGHWAYS. (1) Any person who runs water either by 11 flooding or sprinkler irrigation across any public highway, road or street, 12 without first constructing a good and sufficient ditch or ditches to convey 13 the same, or who fails to bridge such ditch or ditches, or to keep such bridge 14 or ditches in good repair, or to ensure that the flow from the sprinkler does 15 not flood the public highway, road or street and all persons, companies or 16 corporations who suffer any water used by them for the purpose of irrigation, 17 or any other purposes, to flow into or upon any public highway, road or 18 street, in any other manner than that authorized by law, are guilty of an 19 infraction on the first offense, and shall be guilty of a misdemeanor for each 20 offense thereafter per calendar year, and upon conviction thereof must be 21 fined in any sum not less than one dollar ($1.00) nor more than fifty dollars 22 ($50.00), together with the costs of suit., and for a second offense, double23said fine and costs; and iIt is hereby made the duty of allroad supervisors24 highway district commissioners, sheriffs, constables and marshals, to make 25 complaint before the proper court, for violations of this section, whenever 26 notified or having knowledge thereof. 27 (2) A person may not be charged under the provisions of this chapter if 28 the flooding from a sprinkler or other water conveyance system is a result of 29 mechanical failure, wind or other climatic condition, or other circumstances 30 outside of the control of the person, provided the condition is corrected 31 within twenty-four (24) hours of receiving notification from an officer whose 32 duty it is to make complaint before the proper court.
Statement of Purpose RS 16881 This legislation amends section 18-3908 of Idaho code, by increasing the penalty for a second offense under the provisions of this chapter. This legislation also clarifies who is responsible to make a complaint for violations of this section. Further, the amendment allows offender to not be charged with a violation if condition is corrected within twenty-four hours of notification of condition. FISCAL NOTE There is no fiscal impact to the general fund. Contact Name: Stuart Davis, Idaho Association of Highway Districts Phone: 345 5176 S 1117