2007 Legislation
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SENATE BILL NO. 1117 – Highways, flooding

SENATE BILL NO. 1117

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN 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, double
 23    said fine and costs; and iIt is hereby made the duty of all  road  supervisors
 24    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 / Fiscal Impact


                       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