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Committee sends repeal and highway‑right‑of‑way bill to the floor amid concerns it could limit local safety projects

2707397 · March 13, 2025
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Summary

Senate Bill 11‑44, which would repeal an existing code section and add language restricting narrowing or relocating certain highways and limiting bicycle/pedestrian improvements to secondary benefits, passed the committee with a due‑pass recommendation despite opposition from safety advocates and local residents.

The Senate Transportation Committee voted to send Senate Bill 11‑44 to the Senate floor with a due‑pass recommendation after sponsor Senator Mark Harris described the measure as a repeal and clarification of existing code language.

Senator Harris said the bill would repeal Idaho Code section 4‑605 (as cited in committee testimony) and add language reiterating that the primary benefit of certain highway projects is to improve motor‑vehicle traffic flow. The bill includes a provision that existing or new pedestrian or bicycle facilities may be improved only as a ‘‘secondary or collateral benefit’’ to a highway project, or when necessary to improve the safety of pedestrian or bicycle facilities near schools, parks and other designated areas. The sponsor told senators he did not intend to prohibit safety improvements but said the language is meant to clarify how state highway funds should be prioritized.

Several witnesses urged the committee to reject or amend the bill. Logan Rutt and other residents argued the bill would amount to state overreach and reduce local control over road design; Jonathan Oppenheimer of the Idaho Conservation League and Jillian Horn of the Boise Bicycle Project said the bill would undermine multimodal planning and safety. Testifiers said that most highway funding is routed through state programs and warned the bill could limit projects that benefit people walking and bicycling.

Senators asked whether the bill functions independently; Harris said SB 11‑44 relies on the definitions in SB 11‑40. Committee members also questioned whether the measure would restrict local property tax or local‑funded projects — the sponsor said he did not know and would need to follow up.

A motion to send Senate Bill 11‑44 to the floor with a due‑pass recommendation was made and passed; the committee chair reported the motion carried with an approximate 5‑3 tally.