S.B. 94-14 Highway legislation review committee. Changes the name of the highway legislation review committee to the transportation legislation review committee. Requires the committee to review legislation affecting transportation and to develop and make recommendations concerning the financing of the state transportation system rather than the financing of streets, roads, and mass transit.
APPROVED by Governor April 14, 1994
EFFECTIVE April 14, 1994
H.B. 94-1010 Highway maintenance of local effort requirement - repeal. Repeals the requirement that distribution of state revenues from the highway users tax fund to a municipality or county be withheld unless the municipality or county spends a certain amount of local funds to maintain highways. Eliminates the provision that states that provisions on withholding municipal allocations of highway users tax fund money do not apply to funds withheld pursuant to the maintenance of local effort statute.
APPROVED by Governor March 18, 1994
EFFECTIVE March 18, 1994
H.B. 94-1019 Right-of-way fences - construction - maintenance - damages. Requires the department of transportation to maintain right-of-way fences existing as of June 1, 1994, in agriculturally zoned areas adjacent to federal aid highways constructed and maintained by the department. Stipulates that the department must make necessary repairs to such fences only upon actual notice to the department. Specifies that neither the department nor the landowner is liable for any damages caused by failing to adequately construct, maintain, or repair the fence unless actual notice is given to the department. Requires the department to replace a fence removed during a construction project unless an agreement is reached between the department and the landowner.
Allows the department to erect a fence in an area other than an agriculturally zoned area if the highway is a designated freeway or if the landowner and the department agree to the erection of the fence.
Requires the department to maintain fences at the boundary of highway property adjacent to municipal property upon actual notice unless the municipality and the department agree otherwise.
Allows the department to remove a fence at its expense if the landowner agrees. Makes the landowner liable for any damages caused by the landowner's removal of a fence without proper department authorization.
Enables a landowner to erect a fence at the landowner's expense if a fence is removed or not replaced pursuant to an agreement with the department. Requires the landowner to erect the fence in accordance with standards applicable to the department and to be liable for any damages incurred by failing to adequately construct the fence. Stipulates that the department must repair the fence upon actual notice.
Provides that neither the landowner nor the department is liable for any damages caused by livestock if both agree to remove or not replace a fence and if the landowner does not maintain livestock on the land adjacent to the right-of-way.
Specifies that a landowner may not recover damages for trespass if a person herds livestock along a highway adjacent to property from which a fence has been removed unless the landowner can prove the person allowed the livestock to enter the property without trying to remove the livestock.
APPROVED by Governor May 19, 1994
EFFECTIVE May 19, 1994
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