ITD staff tracked 59 transportation-related bills in Legislature

The Idaho Legislature considered 628 pieces of legislation, including House and Senate bills, resolutions, memorials and proclamations, and forwarded more than half (342) to the governor. ITD staff analyzed and tracked 59 bills that related to transportation or how the department operates.

One of the most visible, and perhaps far-reaching bills, makes it illegal to write, send or receive text messages while operating a motor vehicle. After considerable testimony and legislative debate, the Senate bill (S1319) was approved by both chambers and signed into law by Gov. C.L. "Butch" Otter. It will go into effect July 1, and prescribes penalties and court costs of up to $85 for violations.

Other legislation ITD subject matter experts tracked ranged from rail plan funding, aeronautics safety, clearance to pass non-motorized traffic, bonding for bridge repairs and the department's FY2013 appropriation. Legislators approved the creation of a specialty vehicle license plate option for the Idaho Territory Sesquicentennial. A bill to create a "National Motto" specialty plate was denied.

Following are some of the major transportation-related bills ITD tracked during the session:

H0446 State Parks Passport Program Effective July 1, 2012

The purpose of this bill is to provide an opportunity for Idaho citizens to support Idaho state parks by choosing to pay $10.00 dollars for one year or $20.00 dollars for two years at the same time as they purchase or renew their vehicle registration. The choice allows citizens to participate in the Idaho State Parks Passport program which allows entrance into all of Idaho’s state parks.

Fees collected will be deposited into the park and recreation fund to support park capital improvements and park maintenance, repairs, and operations. This bill is one of many ways the department is providing opportunities for citizens to support Idaho state parks. The Department estimates a 20% participation rate and net revenue to be $1,901,500 per year. This figure is based on the participation rate less processing fees, the removal of the extra vehicle fee, and the elimination of the motor vehicle entry fee exemptions for campers.


HO472 Idaho Territory Sesquicentennial License Plate Effective July 1, 2012
This year marks the Sesquicentennial (150th) celebration of the Idaho Territory. This bill creates a new special license plate, the Idaho Territory Sesquicentennial License plate, with proceeds to be shared by the county historical society in which the vehicle is registered.

H0540ah Online Insurance Verification Program Effective Jan. 1, 2014

The number of uninsured motorists on Idaho's roadways is a rising concern. This legislation will create an Online Insurance Verification Program with a real-time response to verify the existence of insurance coverage on a motor vehicle. This program will be available to law enforcement, Department of Transportation, Department of Insurance and the Courts.

This legislation has been introduced in other states. There is a mixed record of approval and implementation.

The bill provides a very general outline of what is desired of this "system" but lacks clarity and specific criteria and requirements for the actual system. This legislation would need administrative rules for implementation. Further, funding of the program for development and maintenance would need to be identified.


H0583 Access Easement Effective April 5, 2012

Property owners typically must make application for an access permit to obtain access to the highway or roadway adjacent to their property unless the same is pre-existing. In some cases property owners have deeded, recorded access easements which give them legal access rights in certain locations and/or for certain uses. This bill would require the governmental agency with jurisdiction over the roadway to consider and recognize those legal access rights reflected in easements when acting on an access application. In the past, deeded accesses, often given by the governmental agency to a property owner in lieu of damages or payment of just compensation when a roadway is widened, were recognized. More recently the deeded accesses are being ignored and property owners are having to expend substantial costs and fees to try and have their legal rights of access recognized.

This results in some property owners with means having their deeds recognized while others, without means, have theirs ignored. This bill would simply require that governments consider the deeds and that if they refuse to recognize them, there is a taking of a legal right of access which may require just compensation.


H0619ah Speed Limits - Local Authority Effective July 1, 2012
This legislation primarily returns the authority to set speed limits on state highways, within city limits of an incorporated city anywhere in the State of Idaho, to the Idaho Transportation Department (ITD). In establishing speed limits within city limits ITD must do an investigation and base posted speeds on sound traffic engineering safety standards. A municipality may still do its own study and request a different posted speed from ITD.

S1274ah Texting While Driving Effective July 1, 2012
With the advent of text messages, society has grown aware of the dangers of texting while driving. Driving is an activity that requires full concentration. Composing, reading, and sending text messages compromises that concentration. The legislation addresses this increasing concern by adding a new section to Idaho Code. Section 49-1401A, Idaho Code, provides infraction penalties for texting while driving, with exceptions.

S1319 Electronic Proof of Auto Insurance Effective July 1, 2012

The purpose of this bill is to allow an individual to produce proof of automobile insurance by electronic means in appropriate situations in lieu of printed means.

Published 4-20-2012