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S1421................................................by JUDICIARY AND RULES HIGHWAYS - Amends existing law relating to placing debris on a highway to revise a penalty; and to remove a notice requirement. 02/11 Senate intro - 1st rdg - to printing 02/12 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008 IN THE SENATE SENATE BILL NO. 1421 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO PLACING DEBRIS ON HIGHWAYS; AMENDING SECTION 18-3906, IDAHO CODE, 3 TO REVISE A PENALTY, TO REMOVE A NOTICE REQUIREMENT AND TO MAKE TECHNICAL 4 CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 18-3906, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 18-3906. PLACING DEBRIS ON HIGHWAYS. (1) If any person shall wilfully9 willfully or negligently throw from any vehicle, place, deposit or permit to 10 be deposited upon or alongside of any highway, street, alley or easement used 11 by the public for public travel, any debris, paper, litter, glass bottle, 12 glass, nails, tacks, hoops, cans, barbed wire, boards, trash or garbage, 13 lighted material, or other waste substance, such persons shall , upon convic-14 tion thereof, be punished by a fine not exceeding three hundred dollars ($300)15 or by imprisonment in the county jail not exceeding ten (10) daysbe guilty of 16 a misdemeanor. For the purposes of this section, the terms "highway," 17 "street," "alley" or "easement" shall be construed to include the entire 18 right-of-way of such highway, street, alley or easement. The Idaho transporta-19 tion department is directed to post along state highways, at convenient and20 appropriate places, notices of the context of said law.21 (2) Notwithstanding the provisions of section 19-4705, Idaho Code, the 22 court may order that fifty dollars ($50.00) of the fine imposed under the pro- 23 visions of this section be paid by the defendant to the person or persons, 24 other than the officer making the arrest, who, in the judgment of the court, 25 provided information that led directly to the arrest and conviction of the 26 defendant.
STATEMENT OF PURPOSE RS 17851 The purpose of this legislation is to change this code governing penalties for throwing trash on highways from a maximum fine of $300 or 10 days in the county jail to a misdemeanor which can be punishable by a fine of up to $1000 or jail time up to six months or both. The current penalties for dumping trash on the state's highways are, on occasion, not a sufficient deterrent. FISCAL IMPACT There is no impact on the state's general fund. Contact Name: Sen. Shawn Keough Phone: 208-332-1000 STATEMENT OF PURPOSE/FISCAL NOTE S 1421