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SENATE BILL NO. 1421

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Bill Status

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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

Bill Text

                                                                       
  ]]]]              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 wilfully
  9    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) days be 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 and
 20    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 / Fiscal Impact

                       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