Print Friendly SENATE BILL NO. 1117 – Highways, flooding
SENATE BILL NO. 1117
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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 - 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
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.
There is no fiscal impact to the general fund.
Name: Stuart Davis, Idaho Association of Highway Districts
Phone: 345 5176