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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 - 2007IN 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 - 2007Moved 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 - 2007IN 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