2003 Transportation & Defense

Fuel taxes, state/local highways, motor vehicle issues

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January 14, 2003
January 16, 2003
January 20, 2003
January 22, 2003
January 28, 2003
January 30, 2003

February 4, 2003
February 6, 2003
February 10, 2003
February 18, 2003
February 20, 2003
February 24, 2003
February 26, 2003
February 28, 2003

March 4, 2003
March 6, 2003
March 10, 2003
March 12, 2003
March 14, 2003
March 20, 2003
March 24, 2003
March 26, 2003
March 31, 2003

April 2, 2003
April 8, 2003

DATE: January 14, 2003
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Bedke, Bauer, Cannon, Skippen, Wills, Cuddy,
Shepherd, Douglas
ABSENT/EXCUSED: Rep. Roberts
GUESTS: Byron Keely and Joe Haynes
The meeting was called to order at 1:30 p.m. by Chairman Wood.
Chairman Wood introduced Secretary, Shani Murray, and Intern, Brandon
Woods. She also introduced Mary Detmar and Charlie Roundtree from the
Idaho Transportation Department; Tony Poinelli, Association of Idaho
Counties; Ken Harward, Association of Idaho Cities; and Dennis Tanikuni,
Farm Bureau. The committee members introduce themselves.



Joe Haynes, Local Highway Administrator and Byron Keely, Deputy
Administrator were present to brief committee members on LHTAC (Local
Highway Technical Assistance Council).



Joe Haynes stated that LHTAC was created in 1994 by the Legislature
under Title 40, Chapter 24, and was established to assist Local Highway
Jurisdictions with utilizing the available resources for maintenance and
construction of Idaho’s local highway system in the most efficient and
effective manner possible. The membership consists of cities, counties,
and highway districts, and no more than one member can come from the
same county. Briefly the authority of the council is:

1) Represent its member jurisdictions in conference, meetings and
hearings.

2) Develop uniform standards and procedures.

3) Cooperate with and receive and expend aid and donations from the
federal or state governments.

4) Make recommendations to the Idaho transportation board.

5) Assist the legislature by providing research and data.

6) Maintain and disseminate information to local highway jurisdictions of
federal and state legislation and rules affecting local highway jurisdictions.

7) Maintain and disseminate information to local highway jurisdictions of
activities of ground transportation in other states.

8) Act for that local jurisdiction through a joint exercise of powers
agreement.

9) Buy, sell, receive and exchange property, both real and personal, as
necessary to perform its functions.

10) Be the sole and exclusive authority for the expenditure of the money
made available.

The tasks and activities of LHTAC are to report to the legislature and
produce publications. Publications include current, joint and upcoming
information.

LHTAC provides administration and project selection for the following Idaho
Transportation Department Programs: Local Federal-aid incentive
programs, local rural highway investment programs (effective October 1,
2003), and Federal-aid “Local Technical Assistance Program” (T2) which
primarily focuses on the administration and management.

Intergovernmental relations deal with State of Idaho agencies; federal
agencies; and Tribal governments.



Byron Keely gave an overview of the highway system and funding. He
stated that there are 288 local highway jurisdictions with 191 cities and
cities have jurisdiction in all but one county. There are 33 counties, 21
exclusively counties and 12 are county and highway district administration.
There are 64 highway districts which exist in 23 counties. Eleven are
exclusively highway district administration and 12 are county and highway
district administration. The local highway system is made up of roads,
bridges, and railroad crossings. Current mileage is figured using centerline
mileage of a 2-lane road.

Mr. Keely said a question they are often asked is why is federal-aid
restricted to major collectors and arterials, and the short answer is highway
funding is based on the notion that those who use it and benefit from it
should pay for it.

He stated that all roads have two functions, access to land and some level
of mobility or speed; and roads are classified as either rural or urban.
“Local” which are for land access and provide little mobility; “collector”
which provide a balance of access and mobility; or “arterial” which are
primarily for mobility and provide little access. He also discussed how
these roads should be funded, which should be based on use and benefits
provided. The local highway system should be funded with no more than
70% HUR and 30% nonuser funding. Tables were given which provided a
breakdown of the mileage classification and LHJ funding (attached).

Challenges for LHJ’s are being subjected to regulations; increased need to
retrofit and/or expand existing highway facilities; unbalanced distribution of
HUR funding; and increased need for trained personnel.



Representative Wood stated that the committee had been hard on LHTAC
asking them for reports so that they could keep track of where local
jurisdictions spend their money. She feels the better tracking can help
people in local areas.



A question was asked if LHTAC could help local highway districts in
applying for and writing grants. Mr. Haynes said yes.

ADJOURN: There being no further business before the committee, Chairman Wood
adjourned the meeting at 2:18 p.m.






DATE: January 16, 2003
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/EXCUSED: None
GUESTS: See attached sign in sheet
The meeting was called to order at 1:35 p.m. by Chairman Wood. The
Chairman turned the time over to Vice Chairman Ridinger.
MOTION: Representative Bedke made a motion to accept the minutes of January
14, 2003, as written. Motion passed unanimously.
Docket #

11-1301-0201

Margaret White, ISP Deputy Attorney General, stated this temporary rule
deals with the adoption of Federal regulations and to incorporate them
into State rules. The changes deal specifically with Part 356, 365, and
387. Effective September 27, 2002, the FMCSA (Federal Motor Carrier
Safety Assistance Program) amended its regulations to require that a
motor carrier subject to the registration requirements may not operate a
commercial motor vehicle in interstate commerce unless it has registered
with this agency (365); Motor carriers are further prohibited from operating
beyond the scope of their registration (356); and financial responsibility
(387). These rules deal with interstate carriers. Captain Lamont
Johnston
, ISP, explained each of the Rules that were changed.
Questions were asked by a number of the committee regarding the
authority to stop vehicles and put them out of service after they have been
stopped. Captain Johnston explained that this gives them the right to put
them out of service if they find a safety violation, but if they had a
perishable load they would do everything they could to notify the company
so the load wouldn’t be lost. It was also a concern of the committee that
there would be trucks pulled off all along the side of the road. Captain
Johnston said he doesn’t see this a being a big problem as usually trucks
are checked at the Port of Entry. These rules are just for interstate not
intrastate. There were also questions regarding temporary rules being put
into place and the legislature not being aware of them. Ms. White, made
it clear that these rules are only temporary and only good until they are
brought before the legislature to make them permanent. In order for rules
to be implemented in the State of Idaho they need to come before the
legislature and let them know what the new rule is. They cannot just
enforce new Federal regulations without approval of the legislature.
MOTION: Rep. Cuddy made a motion to hold the Rules for time certain to be voted
on Monday, January 20, 2003. Rep. Smith opposed the motion. Motion
passes with a voice vote.
DOCKET #

35-0105-0201

Randy Nilson, Tax policy specialist from the Idaho State Tax
Commission presented the following rules to the committee:

Rule 100: This rule is being deleted because of 2002 legislative changes
to Section 63-2421, Idaho Code, as enacted by House Bill 732 which
makes this rule no longer necessary.

Rule 115: This rule is being amended to update code references enacted
by the 2002 Legislature. House Bill 732 moved the imposition of the tax
on gasoline from Section 63-2405 to Section 63-2402, Idaho Code.
Information that had been in paragraph form has been placed in a table to
make it easier to understand.

Rule 130: This rule is being amended to clarify in Section 130.01 how fuel
distributors are to report deductions for ethanol and biodiesel.

Rule 170: This rule is being amended to correct a reference to Sales and
Use Tax Rule 075 that was renumbered to Sales and Use Tax Rule 128.

Rule 200: This rule is being deleted as no longer necessary because of
House Bill 732, passed by the 2002 Legislature which amended Section
63-2421, Idaho Code.

Rule 230: This rule is being amended because of 2002 legislative
changes to Section 63-2421, Idaho Code, in House Bill 732 that
combined the fuel use tax reporting for gasoline and special fuels under
motor fuels.

Rule 250: This rule is being amended to add a subsection to make
consumers aware of the statute of limitations found in Section 63-2410(5)(c), Idaho Code, for filing fuel tax refund claims.

Rule 280: This rule is being amended to change the term “IFTA carriers”
to IFTA licensee” in Subsection 280.01 because not all IFTA licensees
are carriers. Subsections 280.02 and 280.03 are being deleted because
Sections 63-2410 and 63-2423, Idaho Code, are clear and need no
clarification in rule. A statement has been added to clarify that IFTA
licensees must claim IFTA nontaxable miles on their IFTA return.

Rule 510: This rule is being amended in Subsection 510.07 regarding
reporting requirements because of 2002 legislation that moved the
imposition of the tax on gasoline from Section 63-2405 to Section 63-2402, Idaho Code, and deleted Section 63-2416, Idaho Code.



Representative Wood asked if HB732 is still in force. Mr. Ted Spangler,
Deputy Attorney General, Idaho State Tax Commission, said there is a
law suit pending and the taxes are being paid into an escrow account until
it is resolved which could take 2 years.

DOCKET #

39-0273-0201

Ed Premble, Idaho Transportation Driver Services Manager, spoke on
Accident Prevention Courses and the changes to Section 41-2515, Idaho
Code, as amended by Senate Bill 1444, effective July 1, 2002. This
removes the prohibition on self-instructed courses and also removed the
requirement that accident prevention courses be comprised of classroom
or field driving instruction. This change brings the rule into compliance
with code and provides for course review and approval.

Questions were asked from the committee regarding additional staffing for
this and online instruction. Mr. Premble stated that there is no additional
staffing required and that on-line instruction was the intent of the rule.

DOCKET #

39-0346-0201

Greg Laragan, Idaho Transportation Assistant Chief
Engineer/Operations, stated that this is a rule governing snow tires.
Based on a study of winter maintenance storm patterns, this rule making
extends the allowable date for use of studded tires from April 15 to April
30, providing a safety benefit to travelers without adversely affecting
pavement wear.
DOCKET #

39-0360-0201

Leonard Hill, Idaho Transportation Right-of-Way Manager, stated there
are two major changes in outdoor advertising. This rule addresses the
regulation of electronic advertising such as multiple message signs and
moveable message signs to meet the needs of the outdoor advertising
industry while protecting the safety of the traveling public. It also clarifies
the definition of commercial activity so that only legitimate commercial and
industrial sites qualify as sign locations.
DOCKET #

39-0381-0102

Alan Frew, Idaho Transportation Port of Entry Manager, regarding
Issuance of Temporary Permits in Lieu of Full Registration; this adds
definitions for the terms “single vehicle: and “combination of vehicles” and
further clarifies permit requirements for combination vehicles. This rule
applies to commercial vehicles.
DOCKET #

39-0341-0201

Lance Johnson, Idaho Transportation Traffic Engineer, spoke about the
changes in traffic control devices. The purpose of this rule is to establish
standards, options, guidance and supporting information for the design,
construction and implementation of traffic control devices.
DOCKET #

39-0363-0201

Steve Holland, Idaho Transportation Staff Engineering Assistant,
regarding Traffic Accident Memorials, stated that the changes to the
existing rule are removal of gold star as the only allowable traffic accident
memorial. New guidelines for fabrication and placement of traffic accident
memorial; provision for removal of non-conforming memorials;
requirement for notification of adjacent property owners before placement;
and guidelines for safety of the participants when on the state highway
system. Mr. Holland stated that it is required to get the permission of a
landowner when putting up a memorial with 500 feet of the property.
ADJOURN: Their being no further business to come before the committee, the
meeting was adjourned at 3:29 p.m.






DATE: January 20, 2003
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/EXCUSED: None
GUESTS: See attached sign-in sheet.
Chairman Wood called the meeting to order at 1:38 p.m.



Rep. Shepherd made a motion to accept the minutes of January 16, 2003,
as written. Motion approved.



Chairman Wood stated that the first order of business would be to vote on
the Rules. She then turned the time over to Vice Chairman Ridinger.

MOTION: Rep. Smith made a motion that Docket # 11-1301-0201, the Motor Carrier
Rules, be passed.



Rep. Cuddy made a substitute motion to hold these Rules in Time Certain
for one week until Tuesday, January 28, 2003. Rep. Roberts spoke in
favor of the substitute motion.

There was some discussion about Federal funds being in jeopardy if this
was not passed. A voice vote was taken on the substitute motion to hold
Docket #11-1301-0201 in Time Certain for one week. Passed. Rep.
Smith voted nay.

MOTION: Rep. Bedke made a motion to pass the Tax Commission Rules, Docket #
35-0105-0201, Rules 100, 115, 130,170, 200, 230, 250, 280, and 510.
The motion passed unanimously.
MOTION: Rep. Bedke made a motion to accept the remaining Rules from the Idaho
Transportation Department. Docket #’s 39-0273-0201, 39-0346-0201,39-0360-0201, 39-0381-0102, 39-0341-0201, and 39-0363-0201. Rep.
Douglas stated her opposition to the accident prevention course and
specifically the online instruction. A voice vote was taken and the motion
passed. Rep. Douglas voted nay.
The next order of business was the Idaho Transportation Department’s
Annual Report and Budget Briefing. Chairman Wood introduced Chuck
Winder Chairman of the Idaho Transportation Board of Directors
,
who gave a brief presentation on the ITD Board members and the Board’s
role. Mr. Winder explained that the are six board members from around
the state who represent their districts. The chairman serves at large at
the pleasure of the governor. Each director serves a six year term. The
board deals with not only highways but they have some oversight of
aviation and back country airstrips that are operated and maintained; they
are involved in railroad planning and maintaining shortline hauling into the
rural communities. Idaho has the only inland seaport in Lewiston. The
Board gets involved in the budgeting process and the legislation that
comes before the Transportation Committee. The budget that comes
before the committee today has the full endorsement of the ITD Board.



Jim Ross, Interim Director, gave a financial overview of the department
including trend indicators, revenue/distribution, hold back strategies that
have been implemented and a summary of the FY03 and 04 budgets.

ITD has been tracking trend indicators since 1978. Fuel tax assessments
are taxed on gallons consumed and not on the price at the pump. So
when the price at the pump goes up this does not generate more revenue
for the state. The slowing economy and world events have a factor in
how much revenue comes into the department.

A question was asked regarding reverting prior-year encumbrances and
what those mean. Mr. Ross stated that they had a $2.3 million program
expansion on their campus and it had not been spent and so it has been
reverted back. It was then asked what the $12.6 million reductions were.
Mr. Ross explained that those were from personnel, equipment, capital
facilities, contract construction, and aeronautics divisions. There was also
a question regarding the difference in the trend 2003 and the 2004 total in
the HDA revenue. Mr. Ross said that the forecasts are taken a year in
advance of the budget being prepared so it may not reflect some of the
trends. Federal funds represents about 50% of the budget. Idaho
receives more federal funds that we collect.

The FY04 Governor’s revised recommendation budget is $432,583,200.



Susan Simmons, Management and Administrative Services, gave an
overview of her department. The core responsibilities are executive
management and legal services; internal services; information services;
financial services; employee services; and facilities management. The
Management and Administrative Services and Capital Facilities FY04
Budget request is $23,026,900.



Charles Rountree, Division of Planning, this division is coordinating the
development of an integrated statewide transportation vision with traffic
monitoring and analysis, GIS and mapping services, intermodal
transpiration planning and pavement management. The Division of
Planning FY04 budget request is $3,642,000. A question about the
department’s vision for the Indian Valley cutoff was asked. Mr. Rountree
said it had been a vision of his for 28 years. He said when they begin, it
will be an open and public process.



Morris Detmar, Division of Motor Vehicles, the core responsibilities of
the division are driver licensing and identification; vehicle registration, title
issuance, and dealer licensing; motor carrier/truck registration and
mileage audit; Port of Entry weigh stations; and revenue collection.
Proposed legislation for 2003 are proof of financial responsibility and first
class mail for DMV notifications. The Division of Motor Vehicles FY04
budget request is $17,944,800.

Mr. Detmar was asked to explain “no new enhancements” to the
committee. Mr. Detmar stated that they are not asking for any increases
in special programs as FTP’s or large expenditures of any kind. The
question of how many notifications were sent out for license suspension
was asked. Mr. Detmar said he did not have a breakdown but would get
it for the committee.



Steve Hutchinson, Highway Operations, discussed population growth,
program priorities, performance measures, partnering, and process
improvement. The division’s core responsibilities are planning, design,
construction, and maintenance. The Contract Construction and Highway
Operations FY04 budget request is $380,437,300. Mr. Hutchinson was
asked why District 6 had the largest chunk of lane miles. He stated that in
that 10-year span additional lanes were added on Interstate 15 between
Dubois and the Montana state line. That was the biggest share of the
lane miles and that was completion of the interstate system which were
mainly federal funds. Chairman Wood asked about the type of guardrails
that are now being constructed. Mr. Hutchinson stated that they now
have guardrails that meet the new safety standards required by the
federal highway administration, and are concentrating on the ends of
guardrails. Mr. Hutchinson said besides rounding the ends of guardrails
there are a number of ways to make them much safer. A question was
asked about the rural congestion solution. Mr. Hutchinson said that in the
next 5-year program they will add 79 miles of passing lanes and slow
vehicle turnouts.



Bob Martin, Division of Aeronautics, the core responsibilities of the
division are to encourage development of commercial and general
aviation, support improvement of airports and air navigation facilities, and
promote safety in aviation. Division of Aeronautics FY04 budget request
is $3,333,100. Mr. Martin was asked a question regarding back country
airports and the figure that was asked for last year. He said the figure
was $350,000 and was received from the state highway account. In fiscal
year 02, the governor had two holdbacks; in 03 the airports were Bear
Lake, Cottonwood, Mt. Home and Rigby. It was asked if the primary
entitlement program would continue. Mr. Martin said that they anticipate
that it will. It was also asked if there has been any discussion about the
state getting out of the airplane business. Mr. Martin stated at this time
there has been no discussions. Mr. Winder also replied to this question.



Larry Falkner, Division of Public Transportation, stated that the public
transportation services in Idaho are provided by local agencies. The state
does not directly operate transit services. The core responsibility is to
oversee federal transit administrations grant programs for the rural
program and the elderly and persons with disabilities. Idaho receives just
over 2.2 million dollars for these programs. The Division of Public
Transportation FY04 budget request is $4,199,100.

A question was asked how this division interacts with the Department of
Health and Welfare with programs for the disabled and elderly. Mr.
Falkner stated that they currently have the interagency group where all
the state agencies that are involved in public transportation work together
to coordinate services.

Mr. Winder, stated that he had heard a couple of questions that he didn’t
think got an answer. One was on Touch America which was part of
Montana Power and they have sold off all their power interest and are in
the process of declaring bankruptcy, so this could have some impact.
The other question had to do with the Blue Ribbon committee having any
recommendations or impact on the numbers and they did not.



It was asked if the department was flexible with the budget with everything
going on in the world. Mr. Winder said the staff is on top of things.
Chairman Wood thanked ITD for their presentation.

ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 3:50 p.m.






DATE: January 22, 2003
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Douglas
ABSENT/

EXCUSED:

Rep. Shepherd
GUESTS: See attached sign in sheet.
Chairman Wood called the meeting to order at 2:20 p.m.
MOTION: Rep. Wills made a motion to accept the minutes of January 20, 2003, as
written. Motion approved.
Chairman Wood turned the gavel to Vice Chairman Ridinger.
RS12557 Rep. Wood presented RS12557 to the committee. This RS would permit
a person under the age of sixteen years who holds a valid class D driver’s
license to drive after dark if the licensee is accompanied by a licensed
driver who is twenty-one years of age or older and is actually occupying a
seat beside the licensee under sixteen and the two licensed drivers are
the only occupants of the front passenger section of the vehicle.
MOTION: Rep. Roberts made a motion to introduce RS12557 for print. Motion
passed.
RS12596 Rep. Wood introduced RS12596 to the committee. This RS relates to the
Multi state Highway Transportation Agreement which was enacted in
1967.This bill would make changes to the agreement as mutually agreed
upon by the participating jurisdictions. Rep. Wood said that there are
some changes in this bill and some new language.
MOTION: Rep. Roberts made a motion to introduce RS12596 for print. Motion
passed.
Chairman Wood introduced Skip Smyser, lobbyist for Ada County
Highway District (ACHD). Mr. Smyser then introduced Sherry Huber,
Chairman of the ACHD Commissioners. Ms. Huber introduced Dave
Bivens
, ACHD Commissioner; John Franden, ACHD Commissioner; J.
Schweitzer
and Michael Brokaw, ACHD. She then introduced Craig
Quintana.



Mr. Quintana thanked the committee for allowing them to reintroduce the
ACHD and explain what they do. ACHD was created by a special election
of Ada County voters in May of 1971. They are governed by a five-member commission. ACHD manages1844 centerline miles of road,
some 330 traffic signals, nearly 100 miles of bike lanes, and are actively
involved in traffic safety issues. Their mission is to provide the best public
highway system for the safe and efficient movement of people and goods
in Ada County. More than half of their budget goes into capital
improvements. Some of the more visible projects ACHD has been
involved in include: The West Park Center bridge; Five Mile Road
extension; Hill Road; Fairview/Milwaukee intersection reconstruction; the
Federal Way project; and the Connector. A few of the projects ACHD is
working on are: Overland Road (Meridian to Eagle roads); Locust Grove
Road extension/overpass; and South Cole Road (Victory Road to
Spectrum Drive). Maintenance for these projects is a big investment
which includes chipsealing, street sweeping, monitoring traffic flows.
ACHD also promotes alternative transportation through car and
vanpooling, and oversees successful transit programs such as the
Treasure Valley Metro.

A question was asked regarding whether Boise City has it’s own road and
bridge crew or if ACHD was responsible for that. Mr. Quintana said yes
ACHD did all of Ada County. It was also asked if private contractors were
used in these projects and Mr. Quintana said yes that most construction is
contracted out, but ACHD’s inspectors oversee the projects.

Chairman Wood thanked ACHD for their presentation.

Rep. Skippen gave a report on the Indian Valley cutoff. She said this
route has been discussed for 50 years and that it would be a better
north/South route, and it goes from Emmett to Mesa. She has done a
side by side comparison of Highway 55 and the Indian Valley cutoff and
the Indian Valley cutoff is high desert without the river to follow making it a
safer route; it is approximately 35 miles less than Highway 95. A question
was asked about the cost of the project. Rep. Skippen said it would be
very expensive, but felt we should be pushing for more federal money.
There was a comment about the coating on the Indian Valley cutoff which
looks like gravel. Rep. Skippen said it is a gravel road. She felt the cost
would be in the engineering to make it a paved road.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 3:10 p.m.






DATE: January 28, 2003
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet.
The meeting was called to order at 1:35 p.m. by Chairman Wood.
MOTION: Rep. Smith made a motion to accept the minutes of January 22, 2003, as
written. Motion approved.
Chairman Wood turned the chair to Vice Chairman Ridinger.
BILL #: 114 Rep. Leon Smith presented HB114. He stated that this legislation rolls
back the clock 7 years to before it was amended. This bill takes from the
cities the right to overrule the Idaho Transportation Department decision
on state highway speed limits through a community. Rep. Smith said this
would not take control from city streets but from state highways that pass
through cities, and he used the example of Bellevue. A question was
asked if there would be a cost for studies by ITD to determine these
speeds. Rep. Smith said that this is something that ITD does now.

Gail Glasgow, mayor of Star, spoke in favor of H114.

Rep. Jaquet spoke against the H114.

A question was asked of Rep. Jaquet regarding the law effecting safety
issues and whether this couldn’t be addressed to the ITD board. She
stated that the cities couldn’t get satisfaction the way it was written before.

Rep. Moyle, said that when this legislation was discussed before that it
was felt that ITD should set the speed because local jurisdictions might
abuse their control.

MOTION: Rep. Roberts made a motion that H114 be sent to the floor with a do
pass. There was quite a bit of discussion on local control. It was stated
that with a compelling case ITD has reduced the speed limit. It was also
stated that with this legislation cities can still appeal a speed limit.



A roll call vote was taken with 11 voting aye and 2 nay (see attached roll
call sheet).

DOCKET #

11-1301-0201

MOTION:

Rep. Smith made a motion that ISP Rules, Docket # 11-1301-0201, be
passed.



Vice Chairman Ridinger asked that Duane Sammons, ISP, explain this
Rule. Lt. Sammons stated that before this rule, people operating without
a DOT number were in violation but couldn’t be put out of service but now
they can be. This will bring the state into compliance with the Federal
Motor Carrier Regulations. This is an interstate law not an intrastate law.



A voice vote was taken on the motion to pass this Rule. Motion approved.

ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 2:35 p.m.






DATE: January 30, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet.
Chairman Wood called the meeting to order at 1:57 p.m.



Rep. Bedke made a motion to accept the minutes of January 28, 2003, as
written. Motion approved by a voice vote.

RS12534 Rep. Ridinger presented RS12534. He explained that now equipment
can be hauled on a trailer that is wider than 8 ½ feet, but when that trailer
is unloaded it can’t be hauled back without buying a special permit. This
bill would change that law. He also explained this would be for
agricultural use only.
Rep. Cuddy made a motion to send RS12534 to print. Motion approved
by a voice vote.
HB97 Rep. Smith presented this bill and made a motion that HB97 be held in
committee. He stated that the bill still needs some work. Motion
approved by a voice vote.
Chairman Wood turned the chair to Vice Chairman Ridinger.
RS12577 Rep. Wood presented RS12577 she explained that this bill deals with
major leasing companies. It states that a transaction involving a motor
vehicle or trailer does not create a sale or security interest merely
because the transaction includes a terminal rental adjustment clause.
The bill would protect fleet leasing companies from bankruptcy.



Rep. Wills made a motion to send RS12577 to print. Motion approved by
a voice vote.

HB103 Rep. Wood presented HB103. This bill would allow licensed drivers who
are under the age of 16 years old and who holds a valid drivers license to
drive after dark if the licensee is accompanied by another person who
holds a valid drivers license and is twenty-one years of age or older and is
actually occupying a seat beside the licensee under 16 years of age and if
they are the only occupants of the front passenger seat.






Austyn Lewis, student from Middleton High School, spoke in favor of the
bill. She explained that she had 50 hours of driving with a licensed driver
and 10 of this was at night which she completed 6 months ago. When
she does turn 16 and is able to drive at night by herself, she will not have
experienced night driving for the past 6 months.



Bob Wells, Lobbyist for AAA, ISPA, & ICOPA, spoke in favor of the bill.



Alan Dingle, Attorney representing State Farm Insurance, spoke in favor
of the bill.



Rep. Smith made a motion to send HB103 to the floor with a do pass
recommendation. Motion approved by a voice vote.

H104 Rep. Wood presented HB104. This bill provides changes to the
Multistate Highway Transportation Agreement as mutually agreed upon
by the participating jurisdictions. This bill would facilitate communication
between legislators, state transportation administrators and commercial
industry representatives in addressing the emerging highway
transportation issues in participating jurisdictions. Rep. Wood stated this
would bring uniformity between the states.



Rep. Roberts reported on a Multistate Highway Transportation meeting
he attended in Park City, Utah.



Rep. Shepherd reported on a meeting she attended in Tucson, Arizona.



Paul Sudmeier, Idaho Trucking, spoke in favor of the bill. He stated that
this amendment to the code has been adopted in 8 of 10 states already.



Rep. Douglas had a question regarding the 80,000 pound weight
paragraph. Mr. Sudmeier stated that 80,000 pounds is the federal limit.



Rep. Wood said there was some dispute that this organizations only
purpose was to make size and weight higher, but there are 22 new items
on their program of work.



Rep. Douglas made a motion to hold HB104 Time Certain until the next
scheduled meeting.



Rep. Roberts made a substitute motion to send HB104 to the floor with a
do pass recommendation.



A vote on the substitute motion to send HB104 to the floor with a do pass
recommendation was voted on by voice vote. Motion approved. Rep.
Douglas voted nay.

H98 Rep. Trail spoke on HB98. This is to amend Section 40-1305, Idaho
Code, to provide that highway commissioners shall be elected on a
subdistrict wide basis.









Questions were asked about the Highway Districts knowing about or
going along with this bill. Rep. Trail said he hadn’t received any feedback
from them.



Rep. Kellogg made a motion to hold HB98 in committee. Motion
approved by a voice vote.

ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 2:50 p.m.






DATE: February 4, 2003
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in list.
Chairman Wood called the meeting to order at 1:32 p.m.
MOTION: Rep. Cuddy made a motion to accept the minutes of January 30, 2003, as
written. Motion approved by a voice vote.
BILL #:H64 Dean Sangrey, Administrator IDPR, presented H64. He stated that there
are two parts to this bill. The first deals with the application for attachment
of number, certificate, application for transfer of certificate, transfer of
certificate fee, temporary number and fees. Rather than painting on the
number a decal will now be issued making this more uniform. This portion
also eliminates some confusing language. Part two deals with nonresident
snowmobilers and the requirements for registering their snowmobiles. It
also deals with waiving requirements for those who use specific trails where
the trails are groomed by other states such as Montana and Wyoming. Mr.
Sangrey said that the Idaho State Snowmobile Association and IDPR have
agreed on an amendment to the bill and this was passed out to the
members.



Sandra Mitchell, Idaho State Snowmobile Association, spoke in favor of
the bill with the amendment.



Many on the committee had a problem regarding language in the
amendment. It was felt that the language made ambiguous the entity that
would waive the fees. Mr. Sangrey stated that it never was the intent that it
be a council outside of Idaho.

MOTION: Rep. Smith made a motion to hold HB64 Time Certain until the next
meeting, Thursday, February 6, so that the language in the amendment
could be worked out. Motion approved by a voice vote.
RS12815C1 Rep. Douglas stated that RS12815C1 adds a new section to Idaho Code
33-3723 to protect students that are called to active military duty from
financial loss of expenses associated with postsecondary education.
Deployed students are further protected from failing marks on their
transcript due to missed class assignments. Rep. Douglas said this is a bill
based on a policy written by CSI. She also said that the student could, with
the concurrence of the instructor, choose a grade based on work completed
up to the time of deployment in lieu of a refund. She said right now the
other Idaho universities/colleges do not have a policy dealing with this.



There were questions regarding whether this would be a full refund or a
prorated refund, and giving a student full credit if they had only attended the
semester for a short period of time. There was also some concern that a
student could get credit for a whole semester but only attend one month.

MOTION: Rep. Cuddy made a motion to send RS12815C1 to print.



A discussion ensued and Rep. Smith felt that this bill might be more suited
to be heard in the Education Committee. Chairman Wood said that it would
be appropriate to be heard in the Education Committee.



Rep. Cannon said he would vote no for the bill. He is in favor of it but has
problems with the way it is written and would like it to have a chance.



Rep. Cuddy revised his motion to send RS12815C1 to print and then refer it
to the Education Committee. A vote was taken by show of hands. The
motion was defeated by a vote of 7 aye – 7 nay (a tie going to nay).



Rep. Ridinger made a motion to send RS12815C1 to print as written. A roll
call vote was taken. 10 aye – 4 nay. Motion approved. (See attached roll
call vote).



Chairman Wood turned the gavel over to Vice Chairman Ridinger.

RS12785 Rep. Wood presented RS12785. She stated that this bill addresses the
2477 rights-of-way in Idaho. This bill speaks to procedures to hear claims;
exclusive jurisdiction of county commissioners; relinquishment or rights;
judicial review of determination by board of county commissioners;
endowment land jurisdictions, and public access to public lands.
MOTION: Rep. Smith made a motion to send RS12785 to print.



Rep. Bedke stated that his concerns are unchanged and that he is looking
out for the rights of the private property owner.



A voice vote was taken on the motion and the motion was approved.

ADJOURN: There being no further business to come before the committee the meeting
was adjourned at 2:25 p.m.






DATE: February 6, 2003
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives McKague,
Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills, Cuddy,
Shepherd
ABSENT/

EXCUSED:

Representatives Kellogg and Douglas
GUESTS: See attached sign in sheet.
Chairman Wood called the meeting to order at 1:35 p.m.
MOTION: Rep. Bedke made a motion to accept the minutes of February 4, 2003, as
written. Motion approved.
BILL #: 64 Mr. Rick Collignon, Director IDPR, presented HB64. He stated that at
the last meeting there was some additional language that the committee
asked to be added to the amendment. He said the language was added
to make it clear that we are dealing with Idaho counties.



Rep. Smith said he still had a problem with the word concur in the
amendment. He felt this would go against the State Statute and would
give the advisory committee veto power over the decision made by the
State agency. Rep. Skippen stated that she didn’t see a problem with the
language as the expenditures are approved by the county commissioners.
Rep. Smith said that just looking at the amendment it makes it dependent
upon concurrence by the Snowmobile Board.

Sandra Mitchell of the Idaho State Snowmobile Association, said that
they felt that local folks on the advisory councils know best about what is
going on in their area and felt more comfortable with the word concur.

MOTION: Rep. Smith made a motion to send HB64 to General Orders with
committee amendments attached. This deletes the words concurs in and
adds is consulted regarding. A voice vote was taken and the motion
passed. Rep. Skippen and Vice Chairman Ridinger asked to be recorded
as voting Nay.
BILL#: 63 Mr. Rick Collignon, IDPR, asked that HB63 be held in committee as they
have replaced that bill with a new RS.
MOTION: Rep. Cannon made a motion to hold HB63 in committee. Motion
approved by a voice vote.
RS12877C2 Mr. Collignon then presented RS12877C2. This legislation amends
Sections 49-102, 63-3622R, and 67-7101, Idaho Code to change the
existing definition of an All Terrain Vehicle (ATV). There are now
approximately 68,500 registered ATV’s and motorbikes in Idaho an
increase of 376% since 1992, and this has caused the department to
reassess how they deal with ATV’s. Mr. Collignon said after talking with
representatives from the industry they have come to an agreement. The
department supports an increase in the maximum weight of ATV’s from
650 pounds to 850 pounds; a wheelbase of 61 inches or less; and
machines designed for two riders. The existing 48 inch limitation on width
will remain unchanged. He stated that trails are not designed to
accommodate the additional width.



Mr. Bill Jones, Director of the Idaho ATV Association, spoke in favor of
the legislation. He stated that they do have concerns about the vehicles
getting bigger. He said the best thing about ATV’s is that anyone can ride
them; the worst thing about ATV’s is that anyone can ride them.



Mr. Ron Stricklin, Programmer for the Idaho ATV Association also spoke
in favor of the legislation.



Rep. Roberts and Rep. Cannon had some concerns regarding the
damage to forest lands and to existing trails with the bigger machines.



Mr. Collignon said that some of the trails will need to be reworked
because of the turning capacity of the new machines, but with the larger
tires there won’t be more damage.

MOTION: Rep. Wills made a motion to send RS12877C2 to print.



Rep. Bedke made a substitute motion to send RS12877C2 to print and
then directly to the second reading calendar. After some discussion, the
substitute motion was approved with a voice vote.

RS12518C1 Rep. Cuddy presented RS12518C1. This bill has to do with the rotation
of tow trucks called on by ISP and to require companies in Idaho to
provide this service.
MOTION: Rep. Smith made a motion to send RS12518C1 to print. Motion approved
by a voice vote.
RS12523C3 Rep. Bauer presented RS12523C3. He said that this is a safety issue. It
would require all vehicles hauling gravel or rocks to cover their loads.



A lengthy discussion followed regarding what type of rock would need to
be covered and if it would include landscape and quarry rocks; if just
partial loads would need to be covered; and would this include trucks in
construction zones.

MOTION: Rep. Wills made a motion to send RS12523C3 to print.



Rep. Roberts made a substitute motion to amend line 13 striking the word
covered and insert adequately secured. After some discussion Rep.
Roberts withdrew this substitute motion.



Rep. Roberts then made a second substitute motion, on line 12 after
highway insert open for public use and delete covered and insert
adequately secured.



Rep. Wills stated that there is already a statute on the books that says a
load will be secured.



Rep. Roberts made an amended substitute motion to return RS12523C3
to the sponsor. A roll call vote was called for: 5 Aye -7 Nay, motion failed
(see attached roll call vote sheet).



A roll call vote was then called for on the substitute motion to insert open
for public use on line 12 and delete covered and insert adequately
secured. 3 Aye-9 Nay motion failed.



Rep. Wills then amended his original motion to send RS12523C3 to the
floor for printing and insert on line 12 after highway open for public use. A
voice vote was taken, motion passed. Rep. Bedke and Rep. McKague
wished to be recorded as voting Nay.

HB138 Rep. Ridinger presented HB138. This bill will allow the trailers used to
haul agricultural equipment to return unloaded to point of origin without
securing a special permit. It would also delete the outdated 25 mph
speed limit for farm equipment.



Dr. Greg Nelson, Idaho Farm Bureau, spoke in favor of this bill.



Alan Frew, ITD, also spoke in favor of the bill.

MOTION: Rep. McKague made a motion to send HB138 to the floor with a do pass.
The motion passed with a voice vote. Rep. Smith voted Nay.
ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 3:16 p.m.






DATE: February 10, 2003
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet.






MOTION:
Chairman Wood called the meeting to order at 1:34 p.m.



Rep. Wills made a motion to accept the minutes of February 6, 2003, with
one correction. Motion approved.

RS12826C1 Mr. Greg Laragan, Assistant Chief Engineer of Operations for ITD, spoke
on RS12826C1. This legislation amends Section 49-948, Idaho Code, in
an effort to reduce the amount of pavement wear caused by studded
snow tires by controlling the weights of the studs allowed to be installed
by commercial tire shops. He stated the findings are that lighter weight
studs would do as well as the heavier studs. He said that studies in
Oregon and Alaska have indicated that the annual cost to repair
pavement damage by studded tires is $23.8 million and $5 million
respectively. Mr. Laragan stated that there would be a 2-year phase in
period for tire shops to start using the lighter weight studs, and there is no
difference in cost between the heavy or light weight studs.
MOTION: Rep. Ridinger made a motion to send RS12826C1 to print. The motion
was approved by a voice vote.
RS12523C4 Rep. Bauer, asked that RS12523C4 be returned to the sponsor.
MOTION: Rep. Cannon made a motion to return RS12523C4 to the sponsor. The
motion was approved by a voice vote.
RS12980 Rep. Bauer, stated that RS12980 is the same bill as RS12523C4 with the
changes asked for in committee plus adding that “any rock or stone larger
than twelve (12) inches in diameter which is secured by other means
need not be covered.”



There were a number of questions regarding the ‘secured by other
means’ and Rep. Bauer said that usually rocks that large are secured with
bands.

MOTION: Rep. Wills made a motion to send RS12980 to print.



Rep. Roberts said he still has a problem with the word covered, and he
made a substitute motion to return RS12980 to the sponsor.



A voice vote was taken on the substitute motion to return RS12980 to the
sponsor. The motion failed.



A voice vote was then taken on the original motion to send RS12980 to
print. The motion was approved.

RS12953 Chairman Wood, turned the chair to Vice Chairman Ridinger and then
presented RS12953. This legislation would require school districts, when
remodeling or planning new school facilities, to include a traffic proposal
into their permit application. This would ensure that the state highway
system or local highway system can satisfactorily accommodate the
proposed school project.
MOTION: Rep. Skippen made a motion to send RS12953 to print. Motion approved
by a voice vote.
HB137 Rep. Wood presented HB137. This bill protects fleet leasing companies
from bankruptcy proceedings of the lessor by the addition of this Terminal
Rental Adjustment Clause.



Rep. Smith said this legislation needs to be written in a clearer way.



Scott Goldstein, Enterprise Rent-a-car, spoke in favor of the bill. He
stated that this deals with business leasing and a true lease not a sale. It
deals with fleets of cars/trucks.



Rep. Smith asked if the lease agreements don’t cover this? Mr. Goldstein
said that state laws would supersede local contracts. He also said that
this legislation has been passed in 40 of the 50 states. Rep. Bedke felt
that the bill does not speak of leases.

MOTION: Rep. Smith made a motion to hold HB137 in committee. Motion approved
by a voice vote.
ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 2:20 p.m.






DATE: February 18, 2003
TIME: 1:30 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet.
Chairman Wood called the meeting to order at 1:32 p.m.
MOTION: Vice Chairman Ridinger made a motion to approve the minutes of
February 10, 2003, as written. Motion approved by voice vote.
BILL #: H230 Rep. Bauer presented H230. He stated that this bill effects every person
who travels over the roads in the state. The bill protects the public from
falling gravel or rocks from trucks and other vehicles on a highway open
for public use.



Ed Hedges, Jim Trent, State Farm Insurance, and Rep. Fred Tilman
spoke in favor of the bill.



Those speaking against the bill were: Fred Darrington, farmer; Jerry
Deckard,
Associated General Contractors; Jane Gorsuch, Intermountain
Forest Association; and Dennis Tanikuni, Idaho Farm Bureau.

MOTION: Rep. Smith made a motion to send H230 to the floor with a do pass.
SUBSTITUTE
MOTION:
Rep. Bedke made a substitute motion to hold H230 in committee.
AMENDED
SUBSTITUTE
MOTION:
Rep. Roberts made an amended substitute motion to send H230 to
General Orders with committee amendments attached. The amendment
would on Line 12 strike the word covering; Line 14 strike the words
securely covered and insert loaded or secured in such a way as. . ., and
on Line 15 after escaping, place a period and delete the rest of Line 15
and all of Lines 16 and 17.



In the discussion that followed, most of the concern was that the rocks
that chip windshields are often from chipping and sealing and the size of
material used and not from rocks falling from trucks.



A roll call vote was called for on the amended substitute motion to send
H230 to General Orders with committee amendments attached. 5 aye

9 nay, motion failed.



A roll call vote was called for on the substitute motion to hold H230 in
committee. 6 aye 8 nay, motion failed.



A roll call vote was called for on the original motion to send H230 to the
floor with a do pass. 8 aye 6 nay, motion approved. (See attached roll call
sheet)



Chairman Wood turned the Chair over to Vice Chairman Ridinger.

BILL #: H275 Rep. Wood presented H275. She explained that this is a bill she has
been working on for 8 years. The purpose of the bill is to establish a
uniform procedure for determining the existence and status of public
rights-of-way granted by the United States in the Mining Act of July 26,
1866. Such rights-of-way are commonly known as R.S. 2477 rights-of-way. Rep. Wood explained that she has worked with a number of
organizations to come up with language that would be satisfactory to
everyone. Rep. Bedke asked what changes were made from H152 to
H275. Rep. Wood said that on Page 6, Line 2 it refers to subsection 7
that describes the Land Boards jurisdiction over the endowment lands
and their interaction with the counties or highway districts on 2477
assertions. Page 6, Line 34 has to do with changes that can be made in
a determination with a change in use of private lands over which a 2477
has been determined to exist. Page 7, Line 18 changes from 60 days to
90 days the time from receipt of the request in which to initiate
proceedings by the County or the Land Board. Page 7 also talks about
judicial review; added language by John Watt to strengthen the standard
to be met by determining body on lines 45 thorough 49. And on Page 8 a,
b, and c are new and pertain to endowment lands and the Land Board
proceedings for determination.



Those speaking in favor of H275 were: Dan Chadwick, Executive
Director of Idaho Association of Counties; Roger Christensen, Bonneville
County Commissioner; Mark Pollot, Attorney.

Larry Benton, Idaho Land Title, was not against the bill but would like
time to review it.



It was felt that this legislation would give the county commissioners a
process with which to proceed in determining the status of a federally-granted right-of-way. Dan Chadwick stated that at present the Board of
County Commissioners has the right to determine whether there exists a
2477 rights-of-way and H275 just gives the counties a way to clarify the
process and get better ground rules to make an assertion.



Those speaking against H275 were: Jane Gorsuch, IFA; and Ted
Hoffman
, Idaho Cattlemen’s Association. They felt they would like more
time to study the bill and talk with their members.



Concerns of the committee were:

  1. private property rights
  2. difference between relinquishment and abandonment
  3. maintaining roads
  4. DEQ and clean water
  5. determining local customs
  6. substantial and competent evidence
MOTION: Rep. Bauer made a motion to send H275 to the floor with a do pass
recommendation.
SUBSTITUTE
MOTION:
Rep. Bedke made a substitute motion to hold H275 in committee.
AMENDED
SUBSTITUTE
MOTION:
Rep. Cuddy made a amended substitute motion to hold H275 in Time
Certain until Wednesday, February 26, 2003.



A roll call vote was called for on the amended substitute motion to hold
H275 in Time Certain until Wednesday, 26, 2003. 6 aye 6 nay. Motion
failed.



A roll call vote was called for on the substitute motion to hold H275 in
committee. 5 aye 7 nay. Motion failed.



A roll call vote was called for on the original motion to send H275 to the
floor with a do pass recommendation. 10 aye 2 nay. Motion approved.
(See attached roll call sheet)

BILL #: H229 Rep. Wood presented H229 which deals with requiring school districts
who are planning to build, remodel or bond for buildings to consult with
the Department of Transportation if there will be a traffic impact on the
state highway.
MOTION: Rep. Smith made a motion to send H229 to the floor with a do pass
recommendation. Motion approved by a voice vote.
MOTION: On the recommendation of the sponsor Rep. Wood made a motion to hold
H153 in committee. Motion approved by a voice vote.



Rep. Wood made a motion to hold H152 in committee. Motion approved
by a voice vote.

ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 5 p.m.






DATE: February 20, 2003, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Douglas
ABSENT/

EXCUSED:

Rep. Shepherd
GUESTS: Ron Shepard, SDE Coordinator; Amy Smith, Vehicle Services Manager
ITD; Rick Collignon, Director IDPR; Chuck Wells, Trails Program IDPR;
Sandra F. Mitchell, Public Lands Director ISSA.






MOTION:
Chairman Wood called the meeting to order at 2:40 p.m.



Rep. Cuddy made a motion to accept the minutes of February 18, 2003,
as written. Motion approved by a voice vote.

BILL #: S1052 Chairman Wood introduced Sen. Bunderson who presented S1052.
This bill would create a license plate for the Boy Scout youth programs in
Idaho. Sen. Bunderson stated that there are four Boy Scout Councils in
Idaho, and the money from these plates would go to those councils where
the license plates were purchased. The first year the plates would be $35
with $25 going to the specified charitable organization. In the second
year and beyond, the cost would be $25 with $15 going to the
organization.



Rep. Roberts asked who would do the accounting to get the money to the
four Councils. Sen. Bunderson said that is handled by the Idaho
Transportation Department.

MOTION: Rep. Wills made a motion to send S1052 to the floor with a do pass
recommendation.



Rep. Smith said he would give his annual speech and would vote against
the bill. Rep. Roberts also stated that he would not support the bill.



Rep. Ridinger spoke in support of the bill as did Rep. Cuddy.



A voice vote was taken on the motion to send S1052 to the floor with a do
pass recommendation. Motion approved. Representatives Smith,
Roberts and Wood voted nay. Rep. Wills will carry the bill on the floor.

BILL#: S1011 Ron Shepard, Coordinator of the Motorcycle Safety Programs, presented
S1011. He stated that the Idaho STAR (Skills Training Advantage for
Riders) was created by law in 1994. The STAR program has grown 469
percent, or an average of 38 percent per year with no increase in the base
funding. As a result, the program is becoming financially challenged. The
motorcycle license plate will help fund activities for STAR.
MOTION: Rep. Ridinger made a motion to send S1011 to the floor with a do pass
recommendation. The motion was approved by a voice vote.
Representatives Kellogg, Smith and Roberts voted nay. Rep. Ridinger
will carry the bill on the floor.
BILL #: H64 Rick Collignon, Director of Idaho Department of Parks and Recreation,
explained that this bill had been passed by the committee with another
amendment, but after discussions with the various groups asked that a
new amendment be attached. He said that all parties feel comfortable
with the wording of this new amendment.
MOTION: Rep. Skippen made a motion to send H64 to General Orders with
committee amendments attached. Rep. Cuddy seconded the motion.
The motion was approved by voice vote. Rep. Skippen will carry the bill
on the floor.
ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 3:04 p.m.






DATE: February 24, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Vice Chairman Ridinger, Representatives McKague, Smith(24), Bedke,
Bauer, Cannon, Skippen, Wills, Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

Chairman Wood, Rep. Kellogg and Rep. Roberts
GUESTS: Greg Laragan, Assistant Chief Engineer of Operations for ITD and Jeff
Miles, State Materials Engineer for ITD
Vice Chairman Ridinger called the meeting to order at 2:25 p.m.
Jeff Miles, ITD State Materials Engineer, gave a presentation on
pavement selection. He stated that there are three basic elements in
choosing pavement: preventative maintenance, rehabilitation, and
reconstruction. In CY2002 there were 477 lane miles of rehabilitation and
56 lane miles of reconstruction. The pavement selection process
includes: pavement evaluation; surface type consideration including
pavement types and rehabilitation types; design alternate selection; life
cycle cost analysis; and pavement type determination. The costs
normally associated with pavement selection include: initial construction
costs, maintenance costs, rehabilitation costs, user costs, salvage value
and energy costs. Other considerations are performance of similar
pavement in the area; adjacent existing pavements; conservation of
aggregates; municipal preference, participating local governments
preference, and recognition of local industry; traffic safety; construction
considerations; grades, curves, unusual loadings. The Department
utilizes a pavement type selection process to determine the most
beneficial pavement type. The process is based upon engineering
economics and life cycle costing to determine the most cost effective
pavements, and all available factors are considered within the process.



Mr. Miles answered questions from the committee regarding aggregate
size saying that larger aggregate is not always better. In a response to a
question regarding which material was better to prevent rutting he stated
that all pavements rut. He also talked about seal coating in rural/urban
areas and said most seal coating is done in rural areas and that urban
areas are usually a slurry seal.

BILL #: H231 Greg Laragan, Assistant Chief Engineer of Operations, presented H231.

This legislation is to control the weights of studs in winter snow tires and
to control the installation of studs in winter snow tires by commercial tire
shops. He also stated that this legislation will amend Section 49-948,
Idaho Code, in an effort to reduce the amount of pavement wear caused
by studded winter snow tires. This proposal would eliminate the need for
Idaho Transportation Administrative Rule 39.03.46 that currently
addresses studded snow tire requirements. Findings are that lighter
weight studs would do as well as the heavier studs and would reduce
wear on the roadways by half. Commercial tire retailers would have until
July 1, 2005 to comply. The fiscal impact on ITD would be favorable due
to increased pavement life.

MOTION: Rep. Smith made a motion to send H231 to the floor with a do pass
recommendation. The motion was approved by a voice vote. Rep. Smith
will carry the bill on the floor.
ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 2:52 p.m.






DATE: February 26, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives McKague,
Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills, Cuddy,
Shepherd, Douglas
ABSENT/

EXCUSED:

Representative Kellogg
GUESTS: Brad Frazee, General Manager of the Ethanol Division with Intrepid
Technology and Resources, Inc.; Russ Hendricks, Idaho Farm Bureau;
John Hamilton, Treasure Valley Renewable Resources, LLC; Kris Hondo,
Magic Valley Energy Co.; Stuart Davis, Executive Director Idaho
Association of Highways; Steve Price, General Counsel ACHD
Chairman Wood called the meeting to order at 2:30 p.m.
MOTION: Rep. Cannon made a motion to accept the minutes of February 20, 2003,
as written. Motion approved by a voice vote.



Rep. Cannon made a motion to accept the minutes of February 24, 2003,
as written. Motion approved by a voice vote.

Russ Hendricks gave a presentation on Ethanol. He explained how
ethanol can be a vital tool in cleaning our air as well as providing for rural
economic development. He explained that ethanol is 35% oxygen in its
chemical make-up whereas gasoline contains no oxygen. This increase
in combustible oxygen in ethanol blended fuels allows for a more
complete burn of the fuel and thus a reduction in emissions. (Attached is
Mr. Hendricks complete presentation)



There was a question regarding how fuel tax is handled in states where
ethanol is required. Mr. Hendricks said he did not know, but he would get
back to the committee with an answer. A question about the pump cost
was asked. Mr. Hendricks stated that ethanol blended fuels do not cost
anymore than regular gasoline. There was also concern from the
committee that ethanol could not be used in all cars. Mr. Hendricks said
he wasn’t aware of any that could not burn ethanol.



Brad Frazee, gave a power point presentation on ethanol. He stated that
because of the clean air act MTBE is banned in 14 states and ethanol
does not contain MTBEs. Our energy independence has gone down
since 1973 when we imported 30% of our oil; in 2002 we imported 60%.
Most of the ethanol facilities are in the Midwest. Idaho would be a good
place for ethanol plants because we have a good crop base, we are
closer to western markets, we have rail access, and a good dairy industry
for the cattle feed market. These plants would also increase employment.
The benefits of ethanol use are extra oxygen-cleaner combustion;
Minneapolis and Denver’s air is cleaner since using ethanol.



There was a question about the investment cost and Mr. Frazee stated it
would be about $55 million. He said that there are two plants now one in
Caldwell and one in Heyburn. A question was also asked about trucks
using ethanol. Mr. Frazee stated that there is a biodiesel mixture.



John Hamilton, stated that the Treasure Valley Renewable Resources,
LLC was established in 2002 to ascertain the viability of ethanol
production in the Treasure Valley. He said they are working on a 15
million gallon plant in Payette County, and it will be capable of utilizing
wheat, barley, corn, and milo as feedstock.



It was asked how the legislature could help. Mr. Hendricks said he would
work with the two groups and get a list to the committee.

BILL #: S1054 Stuart Davis introduced Steve Price to present S1054. This legislation
would grant to highway districts the right already given to cities and
counties to exclude personal service contracts from the definition of
“expenditure.” This legislation will allow highway districts the ability to
enter into personal service contracts based upon competence and
qualifications rather than lowest bid. A savings to the taxpayer of those
citizens who reside within highway districts would be realized by
streamlining the procedure.
MOTION: Rep. Smith made a motion to send S1054 to the floor with a do pass
recommendation.



Rep. Bedke, Rep. Skippen, Rep. Wills and Rep. Cuddy spoke in favor of
the motion. Rep. Cannon spoke against.



The motion to send S1054 to the floor with a do pass recommendation
passed with a voice vote. Rep. Cannon voted nay. Rep. Bauer will carry
the bill on the floor.

BILL #: S1055 Stuart Davis, presented S1055. This bill is to make grammatical and
procedural corrections to highway district law in Title 40 Chapter 13 and
14. Reference to the disposal of highway district property is deleted from
the county law, and clarified in the highway district section, amends the
section 40-1308 to correct a previous deletion in the code on the ability to
pay for legal actions, judgments, and emergencies, clarifies the procedure
for disposing of property over five thousand in value, and restricts
employees and their families from having a personal interest in the
property to be sold. This legislation also grants highway districts the
same power as cities to purchase items at public auction. It also changes
the requirement for highway districts to publish proposed commissioner
salaries from the provisions of Title 40, Chapter 206, and replaces it with
the requirement that the proposed salary shall be printed as a separate
line item in their annual budget.
MOTION: Rep. Ridinger made a motion to send S1055 to the floor with a do pass
recommendation. Motion approved by a voice vote. Rep. Ridinger will
carry the bill on the floor.
ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 3:54 p.m.






DATE: February 28, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives McKague,
Roberts, Bauer, Cannon, Skippen, Wills, Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

Representatives Kellogg, Smith, Bedke






MOTION:
Chairman Wood called the meeting to order at 12:50 p.m.



Rep. Bauer made a motion to accept the minutes of February 26, 2003,
as written. Motion approved by a voice vote.

GUESTS: Major General Jack Kane
BILL #: S1112 Major General Kane stated this legislation amends section 46-605, Idaho
Code, to provide that officers and enlisted personnel in active service of
the state may accept, in lieu of certain pay entitlements, greater pay and
allowances available from other government departments or agencies.
Regarding questions from the committee about when this would be used,
he said this has been used with the forest service fighting fires. Major
General Kane was asked if this would include homeland security and he
said that homeland security would be a state issue and would be paid by
the National Guard.
MOTION: Rep. Cannon made a motion to send S1112 to the floor with a do pass
recommendation. Motion approved by a voice vote. Chairman Wood will
carry the bill on the floor.
ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 1 p.m.






DATE: March 4, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives McKague,
Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills, Cuddy,
Shepherd, Douglas
ABSENT/

EXCUSED:

Representative Kellogg
GUESTS: See attached sign in sheet
Chairman Wood called the meeting to order at 1:36 p.m.
MOTION: Rep. McKague made a motion to approve the minutes of February 28,
2003, as written. Motion approved by a voice vote.
BILL #: S1041 Doug Gaskill, Idaho State Independent Automobile Dealers Association,
presented S1041. This legislation is to insure that any person, prior to
receiving an initial non-franchised vehicle dealer license, understands and
has the necessary knowledge to operate a non-franchised vehicle
dealership. Mr. Gaskill stated that section (h) and (i) are new language in
the bill. Section (h) provides that he shall provide to the department a
certification from an accredited educational system, private vocational
school, correspondence school or trade association approved by the
department stating that the vehicle dealer has satisfied the four hour
continuing education requirements a specified in section 49-1637 (1),
Idaho Code. Section 49-1637 education requirements for vehicle dealers
is a new section. January 1, 2004 would be the starting date for this
legislation.



A question regarding this legislation speaking only to used car dealers
was asked. Mr. Gaskill stated that new and franchised dealers already
have lots of schooling. Money for these classes would come from the
association and by charging dealers $75 for the education.



Kyle Durham, car dealer and ISIADA member, and Jodi Hoalst, car
dealer and ISIADA member spoke in favor of the bill.

MOTION: Rep. Skippen made a motion to send S1041 to the floor with a do pass
recommendation.



The motion to send S1041 to the floor with a do pass recommendation
was approved by a voice vote. Rep. Douglas will carry the bill on the
floor.

BILL #: S1042 Doug Gaskill, ISIADA, presented S1042. This legislation would limit the
number of dealer plates that a dealer may request to two dealer plates for
the first twenty vehicles sold during the previous dealer licensing period
and one additional dealer plate for each ten additional vehicles sold
during the previous dealer licensing period. Mr. Gaskill stated that this
would eliminate the misuse of dealer plates. Mr. Gaskill said this has
been passed by franchised dealers.



Kyle Durham and Jodi Hoalst spoke in favor of this bill.

MOTION: Rep. Smith made a motion to send S1042 to the floor with a do pass
recommendation. The motion was approved by a voice vote. Rep.
McKague will carry the bill on the floor
BILL #: S1043 Doug Gaskill, ISIADA, present S1043. This legislation deals with
Paragraph 49-526 of the bill to conform with the release of liability
statement presently used as a tear-off part of Idaho Titles, and to add the
motor vehicle infractions that the release of liability to which the statement
pertains. The proposed legislation would also establish a penalty for any
person to knowingly file or attempt to file a release of liability statement
which contains a false or fictitious name or address of a purchaser or
transferee.



It was noted by the committee that on the Statement of Purpose
Paragraph 49-426 is written and on the bill 49-526 is written. It was also
noted that the SOP establishes a penalty but on Line 36 of the bill it
doesn’t tell what the penalty would be.

MOTION: Rep. Smith made a motion to hold in Time Certain S1043 until
Wednesday, March 12, 2003, so that the sponsor of the bill can make
these changes. Motion approved by a voice vote.
BILL #: H303 Rep. Wills, presented H303. This legislation amends Idaho’s existing
safety restraint statute in four ways. 1) any occupant of a motor vehicle
18 years of age or older who fails to wear a safety restraint may be issued
a citation. 2) the operator of a motor vehicle who is 18 years of age or
older and has occupants in the motor vehicle who are under 18 years of
age may be issued a citation. (Only a single citation may be issued.) 3) a
single citation may be issued to the operator of a motor vehicle if the
operator is under 18 years of age and the operator or any other occupant
who is also under 18 is not wearing a safety restraint. 4) it increases the
fine from $5.00 to $10.00. It further provides that the added $5.00 is
deposited in the state’s catastrophic health care fund. If the operator is
under 18 years of age and the operator or any of the occupants under 18
years of age fail to wear their safety restraints this will be a single violation
regardless of the number of occupants not properly retrained. The fine
will be $10.00 plus court costs.



Questions were asked by the committee regarding emergency vehicle
occupants being exempt from this law. Rep. Wills said they have been
exempt in the past and this bill doesn’t change that. Some confusion
arose regarding paying court costs. Rep. Wills said that those under 18
would pay court cost, but over 18 would not.



Speaking in favor of the bill were: Kimberly Michelle Madsen, Miss
Magic Valley 2002; Bill Hanchey, Twin Falls Police; Phyllis J. Smith;
Dave Carlson, AAA of Idaho; Dr. Robert Coscia, St. Alphonsus; Roy
Eiguren
, Attorney/St. Alphonsus; Grant Woodhead, and Allyn Dingel,
Attorney/State Farm Insurance

MOTION: Rep. Smith made a motion to send H303 to the floor with a do pass
recommendation.



There was a long discussion on emergency vehicles using safety
restraints.

SUBSTITUTE
MOTION:
Rep. Roberts made a substitute motion to send H303 to General Orders
with committee amendments attached.



A roll call vote was called for on the substitute motion. 6 Aye 7 Nay.
Motion failed. (See attached roll call sheet)



A roll call vote was called for on the original motion to send H303 to the
floor with a do pass recommendation. 11 Aye 2 Nay. Motion approved.
(See attached roll call sheet) Rep. Wills will carry the bill on the floor.

ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 3:32 p.m.






DATE: March 6, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives, McKague,
Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills, Cuddy,
Shepherd, Douglas
ABSENT/

EXCUSED:

Representative Kellogg
GUESTS: See attached sign in sheet
Chairman Wood called the meeting to order at 1:35 p.m.
MOTION: Rep. Wills made a motion to accept the minutes of March 4, 2003, as
written. Motion approved by voice vote.
BILL #: H282 Speaker Newcomb presented H282. This legislation amends Section
49-432, Idaho Code to provide for issuance of permits in lieu of a
registration fee for vehicles weighing up to a maximum of one hundred
twenty-nine thousand pounds gross vehicle weight and to extend the
schedule of thirty day temporary permits. Speaker Newcomb stated that
this will make Idaho more competitive when it comes to transporting
goods. He said that Utah and Nevada now have 129,000 pound limits;
Wyoming and Montana’s weight limits are uncapped; and Washington
and Oregon have 105,500 pound limits. He said that the way these
129,000 pound trucks are configured that there would be less damage to
the road; also there would be less trucks on the road as the heavier trucks
can haul more.



Questions were asked about the fiscal impact to the general fund. The
Speaker said since the rates for heavier trucks has been raised that it
would be nurtural. Morris Detmar, ITD, agreed.



There were also questions regarding bridges. Speaker Newcomb stated
that the routes have been chose so that no bridges would be
compromised. Greg Laragan, ITD, said that there has been an analysis
done and that they would continue to do analysis, but they see no
problem now.



William Rode, driver/owner operator and member of the Owner Operator
Independent Drivers Association, spoke against the bill. He stated that the
association strongly apposes any change in the size and weight of
commercial trucks as the larger and heavier vehicles are harder to
operate, and makes them prone to being less safe. (Mr. Rode’s complete
written testimony is attached.)



Paul Sudmeier, President/Idaho Trucking Association, spoke in favor of
the bill. He stated that he represents 300 motor carriers. Mr. Sudmeier
spoke about the Transportation Research Board’s Executive Summary
(attached). Mr. Sudmeier also referenced a letter from Great West
Casualty Company which stated that no additional premium or rate is
assigned to LCV’s at any gross weight. The letter went on to say that the
data that they had received, relative to weight or combination length, had
not shown them that these units are any less safe, or, more prone to loss.



Brian Whipple, Transportation Manager/Amalgamated Sugar Co., spoke
in favor of the bill. He stated that they have four sugar beet refineries in
Idaho. They feel this would save money for the growers and would be a
softer footprint on the roads. The larger trucks would mean 15,000 less
loads a season. None of these are now moved by rail so this wouldn’t be
taking business from the railroads.



Steve Brumbaugh, Lobbyist/BLE, spoke against the bill. (See attached
written testimony.)



Mark Duffin, Executive Director/Idaho Sugar Beet Growers, spoke in
favor of the bill. (See attached written testimony.)



Dave Carlson, Public Affairs/AAA Idaho, spoke against the bill. (See
attached written testimony and handout.)



A study done by the U of I was brought up. Mr. Carlson said that the
study was difficult to read and there wasn’t enough data.



Steve Thomas, attorney/BNSF, spoke against the bill. He said that this is
an equal protection matter. He said the bill adopts two different standards
one for the north and one for the southern part of the state.



Skip Smyser, attorney/Idaho Trucking Association, spoke in favor of the
bill. He stated that in Section 1 of the bill the legislature is showing that
there is a difference in the terrain, weather and other conditions in north
Idaho when compared to the southern portion of the state. This would
meet the rational basis test of the Equal Protection Clause.



Charles Clark, Union Pacific Railroad, spoke against the bill. He stated
that this is a competitive issue with them.



Brad Hoaglnn, Lobbyist/Idaho Hay Association, spoke in favor of the bill.
He stated that hay is the number two commodity in Idaho and the cost of
transportation is an issue. He said that they do ship by railroad, but
shipping by truck is more convenient and time is money.



Brent Olmstead, Lobbyist/Milk Producers of Idaho, spoke in favor of the
bill. He stated that this is an economic issue.



Dar Olberding, Lobbyist/IGPA, spoke in favor of the bill.



Roy Eiguren, attorney/Amalgamated Sugar, spoke in favor of the bill. In
answer to a question from the committee he stated that Section 1 of the
printed bill is new language and shows legislative intent. Also answering
a question from the committee, Mr. Eiguren said that on Page 2, Line 43
of the bill , it states that the board or authorities may in their discretion
issue a special permit to the owner or operator of any vehicle allowing
vehicles or loads having a greater weight or size than permitted by law to
be moved or carried over and on the highways and bridges.



Speaker Newcomb said he sees no reason why we shouldn’t do this.
Fewer trucks with less damage to our roads. Railroads don’t like to see
competition. Chairman Wood stated that we would welcome more
railroad cars in Idaho. Speaker Newcomb said that there are less and
less railroad cars in Idaho and people feel isolated from the market place.



Rep. Smith had some observations, he is aware that the pilot project had
some problems. These trucks are going to be intertwining through
counties and highway districts and sees problems with bridge decks.
Lower loads are safer. Heavier weights longer stopping distance. Trucks
paying their fair share. He sees enforcement as a problem.

MOTION: Rep. Bedke made a motion to send H282 to the floor with a do pass
recommendation. A roll call vote was called for 8 Aye 5 Nay. Motion
approved. (Roll call vote sheet attached.) Speaker Newcomb will carry
the bill on the floor.
BILL #: HCR24 Speaker Newcomb, presented HCR24. This legislation authorizes the
creation of an Interim Committee to complete a study of truck routes in
northern Idaho from Bonner’s Ferry to Grangeville for the possible
addition of routes for vehicles with loads up to one 129,000 pounds.



Rep. Roberts said there is a concern about where the south end of north
Idaho is. There is a gap between Council and Grangeville, and he asked
if the Speaker would be apposed to changing Grangeville to Council. The
Speaker said no.



Those speaking against the bill were: Dave Carlson, Steve Thomas, and
Charlie Clark.



Speaking in favor of the bill was: Mark Benson, Lobbyist/Potlatch Corp.

MOTION: Rep. Roberts made a motion to send HCR24 to General Orders with
committee amendments attached which would insert “Council” in place of
Grangeville.
SUBSTITUTE
MOTION:
Rep. Smith made a Substitute Motion to send HCR24 to General Orders
with committee amendments attached inserting “Council” in place of
Grangeville and after pounds on Line 41 insert “based upon acceptable
engineering and safety standards.” Seconded by Rep. Cuddy.



A voice vote was taken on the substitute motion. Motion approved.

Speaker Newcomb will carry the bill on the floor.

BILL #: HJM5 Speaker Newcomb presented HJM5. This legislation is a Memorial to
Senate and House of the United States assembled and to Idaho’s
Congressional Delegation to lift the freeze imposed by 1991 ISTEA now
T-21 on a states right to determine truck combination weight on the
Interstate Highway System within their respective jurisdictions.
MOTION: Rep. Smith made a motion to send HJM5 to the floor with a do pass
recommendation.



Pat Keim, Lobbyist/BNSFRR, Dave Carlson, and Charles Clark spoke
against the bill.



Paul Sudmeier, spoke in favor of the bill.



A voice vote was taken on the motion to send HJM5 to the floor with a do
pass recommendation. Motion approved. Representatives Cuddy,
Douglas and Shepherd voted Nay.

ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 4:50 p.m.






DATE: March 10, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet
Chairman Wood called the meeting to order at 2:30 p.m.
MOTION: Rep. Cannon made a motion to approve the minutes of March 6, 2003, as
written. Motion approved by voice vote.
BILL #: S1081 Senator Bunderson presented S1081. This legislation changes the
number of electors required to dissolve a highway district from twenty-five
persons to the greater of twenty-five qualified electors of the district or
twenty percent of those qualified electors who voted in the last election
held for highway district commissioners. This legislation is necessary to
avoid allowing just a relative few individuals from causing significant
disruption and costs to larger highway districts.
MOTION: Rep. Wills made a Motion to send S1081 to the floor with a do pass
recommendation.



Rod Beck, Ada County resident, spoke against the bill. He said he felt
this legislation was a “solution in search of a problem.” Mr. Beck stated
that currently 25 people sign a request to the County Commissioners for a
hearing; this is not a dissolution election just a hearing. In regards to the
20% needed for a hearing that 20% is of what number?



There were a great number of questions regarding twenty-five persons or
20% and if this is for dissolution or a request for hearing. Rep. Douglas
stated that she felt the Statement of Purpose differs from the bill.

SUBSTITUTE
MOTION:
Rep. Douglas made a Substitute Motion to hold S1081 in Time Certain for
one week.
AMENDED
SUBSTITUTE
MOTION:
Rep. Cuddy made an Amended Substitute Motion to change the SOP,
with language he crafted, to match the bill. A roll call vote was taken on
the Amended Substitute Motion. 6 Aye 7 Nay. Motion failed. (See
attached roll call vote sheet.)
MOTION
WITHDRAWN:
Rep. Wills withdrew his original Motion to pass S1081 to the floor with a
do pass recommendation.
AMENDED
SUBSTITUTE
MOTION:
Rep. McKague made a Motion to hold S1081 in Committee. A roll call
vote was called for on the Amended Substitute Motion. 8 Aye 4 Nay.
Motion approved. (See attached roll call vote sheet.)
BILL #: S1064 Ed Premble, Driver Services Manager for ITD, presented S1064. This
legislation changes the method of notification for driver’s license
suspensions, title cancellations, and vehicle registration cancellations
from certified mail to first class mail. Sending notifications via first class
mail will be more effective because first class mail is forwarded, whereas
certified mail is not, and unlike certified mail, first class mail is not subject
to refusal. To send mail by certified mail costs $4.00 per letter; at a
current volume of 60,000 letters mailed per year, this will result in an
estimated monetary savings of $240,000 per year.



A discussion ensued regarding the difficulty in being able to prosecute
without proof of delivery of the notification letter.

MOTION: Rep. Roberts made a motion to send S1064 to the floor with a do pass
recommendation.
SUBSTITUTE
MOTION:
Rep. Wills made a Substitute Motion to hold S1064 in committee.
AMENDED
SUBSTITUTE
MOTION:
Rep. Ridinger made an Amended Substitute Motion to hold S1064 in
Time Certain until Wednesday, March 12, and have someone from the
prosecutor’s office come and discuss the ability to prosecute by sending
first class mail as apposed to certified mail. A roll call vote was taken on
the Amended Substitute Motion. 9 Aye 4 Nay. Motion approved. (See
attached roll call vote.)
BILL #: S1079 S1079 will be heard by the committee on March 18, 2003.
BILL#: S1078 Mike Keithly, Idaho State Independent Living Council, presented S1078.
The purpose of this legislation is to increase the availability of designated
accessible parking places for those who are qualified to use them. This
bill would increase the fine from $50 to $100 for those who illegally park in
a disabled parking space; stipulate that local governments shall designate
accessible on-street parking; give cities the option to tow illegally parked
vehicles; make it a fine of $100 for those who are not disabled to
unlawfully use a disabled placard or license plate; and any person who
unlawfully possesses, sells, copies, duplicates, distributes, manufactures
or aids and abets in the unlawful possession of a special plate or placard
is guilty of a misdemeanor punishable by a fine not to exceed $1000 or by
imprisonment in the county jail not to exceed 30 day or both.



Speaking in favor of the bill were: Senator Bailey, Rep. Eskridge,
Charles Chapin, Ted Coltrin, Ron Moran, Roger Howard, Clyde
Dailey, Kate Bell, Bobby Ball, Steve Rutherford. Steve Tobiason
,
attorney/AARP, who is also in favor of the bill, answered questions from
the committee

MOTION: Rep. Cuddy made a motion to send S1078 to the floor with a do pass
recommendation. Motion approved on a voice vote. Rep. Smith voted
Nay. Rep. Eskridge and Rep. Denney will carry the bill on the floor.
ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 4:27 p.m.






DATE: March 12, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Bauer, Cannon, Skippen, Wills, Cuddy, Shepherd,
Douglas
ABSENT/

EXCUSED:

Representatives Bedke and Roberts
GUESTS: See attached sign in sheet
Chairman Wood called the meeting to order at 3:02 p.m.
MOTION: Rep. Douglas made a motion to accept the minutes of March 10, 2003, as
written. Motion approved by a voice vote.
BILL #: S1038 Jeannette Risch, mother, presented S1038. This legislation amends
Section 49-672, Idaho Code, to provide that no noncommercial motor
vehicle operator shall transport a child under the age of six years and who
weighs less than sixty pounds unless the child is properly restrained in a
car safety seat. This changes the current law which is 4 years old and 40
pounds.



Those speaking in favor of the bill were: Senator Bailey; Bob Wells,
Lobbyist/ISP, ICOP; Joanne Graff, Central District Health; Dr. Jerry
Hirschfeld
, St. Lukes; Dr. Jim Scheel, IMA; John Sandy, Allyn Dingel,
attorney/State Farm.



Ms. Graff, stated that there are resources available to provide safety
seats for lower income families, and there are organizations that educate
families on the proper way to install the safety seats.



Dr. Hirschfeld, said that studies show that putting a law requiring safety
restraints on the books expands usage 15%.



John Sandy, had a handout showing photos of an accident where a child
not wearing a safety restraint was killed. (Handout attached to the library
and secretary copies.)

MOTION: Rep. Ridinger made a motion to send S1038 to the floor with a do pass
recommendation. Motion approved by a voice vote. Chairman Wood
voted Nay. Rep. Shepherd will carry the bill on the floor.
BILL # S1039 Sen. Brandt asked that this bill be held in committee.
BILL # S1043 Doug Gaskell, Assistant Manager/Independent Automobile Dealers,
spoke on S1043. The committee had heard testimony on this bill at the

meeting on March 4. At that time there were questions regarding what

the penalty would be. Mr. Gaskell stated that the penalty would be a
misdemeanor as stated in Section 49-236, Idaho Code, Chapter 5-1813.

MOTION: Rep. Skippen made a motion to send S1043 to the floor with a do pass
recommendation. Motion approved by a voice vote. Rep. Cannon will
carry the bill on the floor.
BILL #: S1064 Ed Pemble, Driver Services Manager/ITD, presented S1064. The
committee had heard this bill on March 10 and at that time there were
concerns regarding the difficulty in prosecuting these cases. Rep.
Ridinger stated that some on the committee had talked with Heather
Riley, who is a prosecutor, and she stated that prosecutors are neutral on
this subject, but felt that it should be given a try.

MOTION: Rep. Ridinger made a motion to send S1064 to the floor with a do pass
recommendation. Motion approved by a voice vote. Rep. Kellogg and
Chairman Wood will carry the bill on the floor.
ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 4:03 p.m.






DATE: March 14, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives McKague,
Roberts, Bedke, Bauer, Skippen, Wills, Cuddy, Douglas
ABSENT/

EXCUSED:

Representatives Kellogg, Smith (24), Cannon, and Shepherd
GUESTS: Ed Pemble, Driver Services Manager, ITD; Roy Eiguren, Attorney
Chairman Wood called the meeting to order at 1:55 p.m.
BILL #: S1123 Roy Eiguren, presented S1123. This legislation amends the Idaho code
sections governing a Regional Public Transportation Authority. It provides
that RPTA is a political subdivision of the state, thus making it clear that it
is a governmental agency for the purposes of tort liability. This legislation
also amends the posting requirements to provide that annual budgets be
posted within the boundaries of the counties within the RPTA as well as at
the administrative offices of the RPTA.
MOTION: Vice Chairman Ridinger made a motion to send S1123 to the floor with a
do pass recommendation. Motion approved by a voice vote. Rep.
McKague voted Nay. Rep. Bauer will carry the bill on the floor.
BILL #: S1010a Ed Pemble, ITD; presented S1010a. This legislation would remove
language in Section 49-1210, Idaho Code, that requires the Idaho
Transportation Department to cross-reference proof of financial
responsibility (SR-22) records with vehicle registration records, and
clarifies that individuals that do not own motor vehicles must still comply
with proof of financial responsibility requirements preliminary to
reinstatement of driving privileges after suspension of those privileges for
certain convictions. Mr. Pemble stated that the senate was reluctant to do
away with this law and so they added the amendment which re-institutes
the existing code language on July 1, 2009, at which time vehicle/driver
cross-functionality will need to be in place.



The department currently has no means to administer a comprehensive
vehicle/driver tracking and cross-referencing program. If this legislation is
enacted, the department will continue to record proof of financial
responsibility information on driver records, but will not be required to
prohibit registration of a vehicle or cancel a vehicle registration based on
the “proof of financial responsibility” filing requirements of one of the
owners listed on a vehicle registration.



There were many questions from the committee about proof of insurance
and complying with RS22. Mr. Pemble said that it was brought to their
attention that they haven’t been implementing the law as it is written, and
that the sunset clause gives the department time to enact the law. A
question was asked about the number of people in Idaho that fall under
SR22. Mr. Pemble stated about 29,000 a year. Morris Detmar, ITD, said
that this legislation gives the department time to implement the law and
again stated that if they do nothing they would be out of compliance.

MOTION: Vice Chairman Ridinger made a motion to send S1010a to the floor with a
do pass recommendation with the corrected Statement of Purpose.



Rep. Cuddy made a substitute motion to hold S1010a in Time Certain
until Tuesday, March 18. A vote on the substitute motion was taken. The
motion was approved by a voice vote, and S1010a will be held in Time
Certain until Tuesday, March 18.

ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 2:37 p.m.






DATE: March 20, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet.
Chairman Wood called the meeting to order at 2:41 p.m.
MOTION: Vice Chairman Ridinger made a motion to accept the minutes of March
12, 2003, and March 14, 2003, as written. Motion approved by a voice
vote.
BILL #: S1010a Ed Pemble, ITD, returned to explain S1010a. The bill had been
previously heard by the committee on March 14, 2003, and was held in
Time Certain until today. Mr. Pemble stated that in the event of certain
driving convictions and driver license suspension, proof of financial
responsibility is a condition of driver license reinstatement and is reported
to the Idaho Transportation Department by the driver’s insurance
company. Section 49-1210, Idaho Code references the manner that proof
of financial responsibility is reported to the department. He also stated
that this statute has been in place since 1947 and has never been fully
implemented because the tools to do so have never been in place. In
order to implement the existing law, the department needs a system to
collect driver license numbers for each and every owner on vehicle
registrations; and must find a way to refuse issuance or renewal of
registrations to anyone failing to report driver license information to the
department. To accommodate this extra information and functionality
requires a re-write of the vehicle registration system and the driver system
with an estimated cost of $4 million dollars. This legislation removes the
need for vehicle-driver cross-checking until July 1, 2009, allowing existing
programs to remain in place for the time being giving the department time
to work on the functionality.
MOTION: Rep. Wills made a motion to send S1010a to the floor with a do pass
recommendation. Motion approved by a voice vote. Rep. McKague
voted Nay. Rep. Cuddy will carry the legislation on the floor.
BILL #: S1079 Stuart Davis, Executive Director of Idaho Association of Highway
Districts, presented S1079. This legislation amends from Title 40,
Chapter 24, the reference to compensating members of the Local
Highway Technical Assistance Council $50 per day of service subject to
the limitations as provided in Title 67, Chapter 2008. This amended
language allows the associations; the Idaho Association of Counties, the
Association of Idaho Cities, and the Idaho Association of Highway
Districts to set the amount of compensation not to exceed $100 per day
for their representatives on this council.
MOTION: Rep. Smith made a motion to send S1079 to the floor with a do pass
recommendation. Motion approved by a voice vote. Rep. Roberts will
carry this legislation on the floor.
BILL #: S1137 James Bevis, Col. Judge Advocate Idaho National Guard, spoke on
S1137. This legislation rescinds the existing Idaho Code, Section 46-409
and adds a new section, Idaho Code, Section 46-409 to provide a civil
relief act for members of the state National Guard ordered to state active
duty or for service within the state exceeding 30 days, authorized under
Title 32, United States Code, for duty other than for training. This
legislation would also extend to students called to active duty.



Rep. Douglas stated that she had a bill similar to this one regarding
students and active duty and she stated that the Board of Education had
told her that they already had a policy in place that would take care of
this. Mr. Bevis said he didn’t know of any policy, but they would check
with the board. He stated that they would rather have a law in place than
a policy.

MOTION: Rep. Ridinger made a motion to send S1137 to the floor with a do pass
recommendation.



Rep. Smith stated that he is in support of the motion but requests that Mr.
Bevis pursue this matter with the Board of Education.



A voice vote was taken to send S1137 to the floor with a do pass
recommendation. Motion approved. Rep. Ridinger and Rep. Douglas will
carry the legislation on the floor.

BILL #: S1082 Rep. Langhorst, presented S1082. This legislation establishes a special
license plate program to promote Idaho as a tourist destination for white
water rafting enthusiasts. A committee of individuals made up of outfitters
and advocates of the white water rafting community, together with the
Department of Commerce will work together using the proceeds garnered
from the sale of this special license plate for the general promotion and
education of Idaho’s white water rivers and the rafting and kayaking
industries. The Department of Commerce will make the determination as
to the allocation of money.



Those speaking in favor of the bill: Jackie Nefzger, outfitter; Kristin Troy,
President Salmon Chamber of Commerce; Max Bechdel, Kayaker;
Monroe Pearce, Garden Valley Search and Rescue; Alan Hamilton,
businessman; Carl Wilgus, Director/Department of Commerce; Jo
Cassin
; Idaho River Sports; Bill Latta, Lawyer/Idaho Whitewater.

MOTION: Rep. Skippen made a motion to send S1082 to the floor with a do pass
recommendation. Motion approved by a voice vote. Rep. Langhorst will
carry the legislation on the floor.
ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 4:00 p.m.






DATE: March 24, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills,
Cuddy, Shepherd
ABSENT/

EXCUSED:

Representative Douglas
Chairman Wood called the meeting to order at 2:50 p.m.
GUESTS: See attached sign in sheet.
MOTION: Rep. Cuddy made a motion to accept the minutes of March 20, 2003, as
written. Motion approved by a voice vote.
BILL #: S1136 Chairman Wood explained to the committee that this bill was to be to the
committee by today for a hearing, but it was held up in the Senate so we
will hear it on Wednesday.
Chairman Wood passed the chair to Vice Chairman Ridinger.
BILL#: S1053a Skip Smyser, attorney/Idaho Motor Transport Association, presented
S1053a. Mr. Smyser had a handout which showed tractor
comparisons/overall length with triples (attached). The purpose of this
legislation is to allow a longer overall length (bumper to bumper) up to 115
feet for vehicle configuration such as triples and turnpike doubles to
operate the routes that they are currently operating on by permit at 105
feet. The reason for the increased overall length is that companies are
switching form cab-over tractors to conventional tractors, which have
longer wheelbases. This change, however, does not increase the length
of the cargo carrying units (95 feet), only the overall length. This change
would also put Idaho in greater harmony with our neighboring states that
already allow the operation of these configurations. This change does not
violate the Federal ISTEA Freeze of 1991 which governs lengths and
weights of vehicle configurations on the national network.



Alan Frew, POE Manager/Idaho Transportation Dept., stated that S1053a
has the support of the department.

MOTION: Rep. Cannon made a motion to send S1053a to the floor with a do pass
recommendation. Motion approved by a voice vote. Rep. Bauer voted
Nay. Rep. Ridinger will carry the bill on the floor.
BILL#: S1081






Vice Chairman Ridinger made a unanimous request to reconsider S1081.
Rep. McKague objected.



Rep. Roberts made a motion to reconsider S1081. Motion passed by a
voice vote.



Stuart Davis, Idaho Assoc. of Highway Districts, explained to the
committee that an amendment and a reprinted SOP had been completed
for the committee’s review. The reprinted SOP is more in line with the
amendments. It states that this legislation revises the number of electors
necessary for the submission of a petition to the county commissioners to
dissolve a highway district. The current requirement in Idaho Code
Section 18, Title 40 requires only 25 qualified electors to sign a petition to
initiate dissolution proceedings in which the highway district is situated.
This legislation increases the number of qualified electors to the greater of
25 or five percent of the total of all qualified electors of the county in which
the district is situated who were eligible to vote at the last general
election. The legislation also inserts language that preserves a citizen’s
ability to air a grievance or concern before the board of county
commissioners.



The committee asked a number of questions regarding smaller highway
districts and how this would effect them as apposed to a district such as
Ada County. Mr. Davis said that this bill delineates between Ada County
and the rest of the highway districts. This would not let just 25 people ask
for a dissolution in a county as large as Ada County.



Senator Bunderson, stated that this legislation doesn’t dissolve anything
just what it takes to cause the county commissioners to have a petition.



Rod Beck, spoke against the bill. He stated that with the new language
nothing has changed.

MOTION: Rep. Roberts made a motion to send S1081 to General Orders with
committee amendments attached.
SUBSTITUTE
MOTION:
Rep. Smith made a substitute motion to hold S1081 in committee.






A voice vote was taken on the substitute motion to hold S1081 in
committee. Motion approved.

BILL#: HJM6 Rep. Harwood, explained this bill and told the committee that he had
another bill HJM9 that would replace HJM6. He asked that HJM6 be held
in committee.



Rep. Roberts made a motion to hold HJM6 in committee at the request of
the sponsor. Motion approved by a voice vote.

ADJOURN: There being no further business to come before the committee, the
meeting was adjourned at 3:52 p.m.






DATE: March 26, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Skippen, Wills, Douglas
ABSENT/

EXCUSED:

Representatives Cannon, Shepherd and Cuddy
GUESTS: See attached sign in sheet.
Chairman Wood called the meeting to order at 3:20 p.m.
MOTION: Rep. McKague made a motion to accept the minutes of March 24, 2003,
as written. Motion approved by a voice vote.
BILL #: S1136 Lt. Col. Dave Spurling, presented S1136. This bill would amend Idaho
Code 32-717 by adding a new subsection with language to provide that
military service by National Guard members called to State active duty or
to federal service would not be considered a “substantial or material and
permanent change in circumstances” in order to modify previously
decreed child custody and visitation orders.



Chairman Wood asked why the Senate put the amendments on the bill.
Lt. Col. Spurling said it was to clarify the intent.

MOTION: Rep. Smith made a motion to send S1136 to the floor with a do pass
recommendation. Motion approved by a voice vote.
BILL #: HJM9 Rep. McKague, presented HJM9. The purpose of this legislation is to
request that the United States Congress take measures to dissolve the
membership of the United States in the United Nations, thereby freeing
the nation from a large financial burden and retaining its sovereignty.



Shannon Pearce and Katherine Frazier, spoke in favor of the bill.



Rep. Harwood, sponsor of the bill. He stated that since the gulf war
there have been 17 resolutions regarding Iraq and not one has been
fulfilled.

MOTION: Rep. McKague made a motion to send HJM9 to the floor with a do pass
recommendation. Motion failed. Those wishing to be recorded as voting

Nay were: Representatives Wills, Skippen, Bauer, Douglas, Kellogg, and
Smith.

BILL #: S1039 Senator Brandt, presented S1039. This legislation updates the statute,
Section 49-943, Idaho Code, to a more modern description of vehicle
windows as well as utilizes language from other statutes. Its main
purpose is to allow vehicles to display signage in rear and rear-side
windows. It makes the visual requirement the same as for a four-door
vehicle as a two-door pickup with a camper.



David Moore, Blackfoot Chief of Police, spoke against the bill. He said
that the law states that there must be 360 degree visual and that safety
for drivers is paramount. A question was asked regarding whether you
could have a for sale sign or decal of some sort on your window and if this
would be against the code. Chief Moore said that this is a gray area. He
also stated that if there is one police officer causing the problem we need
to fix the problem not rewrite the law.



Major Tom Thompson, ISP, spoke against the bill. Rep. Wood asked
about camper toppers and how those are dealt with. Major Thompson
said that those are dealt with in Idaho Code. He also stated that opaque
windows are dealt with in Idaho Code. This bill would allow you to put
things like cardboard, aluminum foil, etc., in your windows and this would
be a danger for the driver as well as the police officer who would not be
able to see into the back seat of a car.



Bob Wells, Lobbyist/ISPA/ICOPA, spoke against the bill. He said this is
a common sense issue.

MOTION: Rep. Smith made a motion to hold S1039 in committee.



Rep. Wills said that he is in favor of holding the bill in committee also.
The law is not black and white; we need common sense and good
judgment.



The motion to hold S1039 in committee was approved by a voice vote

Chairman Wood told the committee that we would not be meeting on
Friday and that the next meeting would be at the call of the Chair.
ADJOURN: There being no further business to come before the committee the
meeting was adjourned at 4:20 p.m.






DATE: March 31, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg,
McKague, Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills, Cuddy,
Shepherd, Douglas
ABSENT/

EXCUSED:

None
Chairman Wood called the meeting to order at 2:54 p.m.
MOTION: Rep. Bauer made a motion to accept the minutes of March 26, 2003, as
written. Motion approved by a voice vote.
GUESTS: Speaker Newcomb; Bob Wells, Lobbyist/ALC; Dave Carlson, AAA Idaho;
Greg Laragan, ITD; Woody Richards, Attorney/Associated Loggers
BILL #: H395 Speaker Newcomb presented H395. He explained that this is a compromise
bill replacing H282 which was agreed to with the senate. He gave a brief
description of the changes in this bill. He also explained that the reason the
meeting notice was short was that they were trying to get this over to the
senate as they had H395 on the Tuesday agenda.
Bob Wells, stated that he thought they were in opposition to the bill;
however, they hadn’t seen the bill. He noted that as of 2 p.m. the bill was not
on the internet and not in the bill room and that his people would like the
opportunity to at least read the bill.



Dave Carlson, also spoke in opposition to the bill citing the open meeting law
and that the procedural moves which certainly appear to have limited public
debate or even a public viewing of House Bill 395. Mr. Carlson’s full
testimony is attached.



Speaker Newcomb stated that he didn’t realize that the bill had not been put
on the internet and since there had not been an opportunity for everyone to
see the bill he asked that the committee hold the bill until Wednesday, April 2,
giving everyone time to read the bill.

MOTION: Rep. Roberts made a motion to hold H395 until Wednesday, April 2, 2003.
Motion approved by a voice vote.
ADJOURN: The meeting was adjourned at 3:16 p.m.






DATE: April 2, 2003
TIME: 1:30 p.m. or upon adjournment
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives Kellogg, McKague,
Smith(24), Roberts, Bedke, Bauer, Cannon, Skippen, Wills, Cuddy, Shepherd,
Douglas
ABSENT/

EXCUSED:

None
GUESTS: See attached sign in sheet.
Chairman Wood called the meeting to order at 2:43 p.m.
MOTION: Rep. Shepherd made a motion to accept the minutes of March 31, 2003, as
written. Motion approved by a voice vote.
BILL #:
H395
Speaker Newcomb presented H395. This bill establishes a new 10-year pilot
project on a small number of state highways for the use of specially configured
129,000 pound gross axle weight trucks that also contain added axles. The
Speaker pointed out in the bill those designated pilot project routes. He stated
that these routes are to help commodity haulers stay competitive with haulers
in other states that allow the added weight. He said that this is a compromise
bill agreed upon by the senate. The reason for the 10-year project is that it
was felt the first pilot program was not long enough to accumulate the data
needed, so they have increase this pilot project to 10 years which would also
help with the depreciation schedule. He said the 129,000 pound weight would
add no additional length, add more axles, and have less foot print on our
highways.



Steve Thomas, attorney/Burlington Northern, was scheduled to speak in
opposition to the bill but had to leave so left his written testimony which is
attached.



William Rode, owner operator/Independent Drivers Association, rose in
opposition to H395. He stated that the association is strongly opposed to any
change in the size and weight of commercial trucks as the larger and heavier
vehicles are more challenging to operate and the extra risks seem to
compromise safety.



George Millward, lobbyist/U.T.U., spoke in opposition to the bill. He said that
they feel that this would hurt the railroad by taking jobs.



Brent Olmstead, lobbyist/Milk Producers of Idaho, spoke in favor of the bill.
He said that the milk industry is suffering from layoffs and lower prices. His
group feels the higher weights will help them be more competitive and be able
to haul larger loads in less trips to the plant.



Bob Wells, lobbyist/Associated Logging Contractors, spoke against the bill.
He said that this legislation bifurcates the state of Idaho. He also said that
they feel this is a safety issue; 129,000 pound trucks don’t stop as fast as
105,500 pound trucks; roads are not built for this weight; and that there is a $9
billion backlog that currently exists to repair roads and bridges in Idaho. His
testimony charged that roads are deteriorating faster in Idaho.



Rep. Wood questioned whether he had attended the Department of
Transportation budget hearing and heard the testimony that Idaho is making
faster than expected progress in remediation deficit pavement in Idaho? Mr.
Wells replied that he had attended the Joint Finance and Appropriation budge
hearing for Transportation, but he didn’t recall the slide mentioned.



Dar Olberding, lobbyist/Idaho Grain Producers, spoke in favor of the bill. He
stated that anytime you can become more efficient in moving product it helps
the farmers.



Dave Carlson, AAA Idaho, spoke in opposition to the bill. He cited the
reasons they are against the legislation are safety, cost, and infrastructure.
He stated that the small permit fee that will be assessed will not help keep up
with repairs.



Woody Richards, attorney/ALE Ins. Co., spoke in opposition to H395. He
said this legislation would have a negative impact on insurance companies.



Larry Ghan, Bannock County Clerk, spoke against the bill. He said they feel
the heavier weight trucks would be destructive and expensive to the county
roads, and they also worry about the safety.



Roy Eiguren, attorney/Amalgamated Sugar, spoke in favor of the legislation.
This 10-year pilot project will demonstrate factually if this project will be harder
on the highways and less safe. Replying to a question regarding those trucks
that would have to travel on access roads to get from the beet dumps to the
designated pilot project roads, Mr. Eiguren stated that they would go to local
jurisdictions to get permits.



Steve Brumbaugh, Locomotive Engineer/BLE, spoke against the bill. He
stated that this is another nail in the coffin for branch line railroads.



Paul Sudmeier, Idaho Trucking Association, spoke in favor of the bill. He
stated that the length and weights of trucks haven’t grown in over 40 years
and there is no connection in loss of rail service. The surrounding states who
have the 129,000 pound weight limits have not experienced the things
charged by previous testimony.



Mark Duffin, Idaho Sugar Beet Growers, spoke in favor of the bill. He said
that Amalgamated Sugar is owned by growers and anything that can be done
to help these growers they support. Not every route that would be desired
could be incorporated into this pilot project at this time.



Dennis Tanikuni, lobbyist/Idaho Farm Bureau, spoke in favor of H395.



Brad Hoaglun, lobbyist/Idaho Hay Association, spoke in favor of the
legislation.



A question from the committee regarding those areas on the map that were left
off and would this force people outside the pilot area to compete with those in
the pilot area. Speaker Newcomb said that they asked for input from all the
commodity haulers in all the areas and the areas in blue (see attached map)
are the areas that responded. He also said that this is a pilot project and they
can come back next year and add roads if they hear from those areas not
covered.

MOTION: Rep. Bedke made a motion to send H395 to the floor with a do pass
recommendation.



In discussion on the motion, Rep. Skippen said, “Why would you vote no and
vote for less efficiency.” Rep. Wills stated that no law enforcement people had
come to oppose this bill in regards to the safety issue so he would support the
motion.



Rep. Cuddy asked a question about the damage on bridges. Greg Laragan,
ITD, stated that if they knew the answers they wouldn’t have to have a pilot
project.



A roll call vote was requested on the motion to send H395 to the floor with a
do pass recommendation. 10 Aye 4 Nay, motion approved. See attached roll
call vote form. Speaker Newcomb will carry the bill on the floor.

BILL #:
H398
Stuart Davis, Executive Director/Idaho Association of Highway Districts,
presented this legislation. This legislation is to grant highway districts limited
ordinance authority and allow highway districts to enact ordinances, not
repugnant to law, in the area of speed, weight, height, and length restrictions,
and other regulatory signage. Mr. Davis stated that he had some changes and
would like this bill to go to General Orders if passed out of committee.



There were a number of questions from the committee regarding the way this
legislation would work in a county that had more than one highway district, and
who would enforce the law.

MOTION: Rep. Ridinger made a motion to hold H398 in committee.



Rep. Ridinger said that he thinks that this type of legislation is needed, but that
it needs more work, and he said that he is willing to work with Mr. Davis this
summer to get a bill back here next year.



A vote on the motion to hold H398 in committee was taken. Motion approved
by voice vote. Chairman Wood and Rep. Skippen voted Nay.

ADJOURN: There being no further business to come before the committee the meeting
was adjourned at 4:56 p.m.






DATE: April 8, 2003
TIME: 1:00 p.m.
PLACE: Room 412
MEMBERS: Chairman Wood, Vice Chairman Ridinger, Representatives McKague,
Smith(24), Bauer, Cannon, Skippen, Wills, Cuddy, Shepherd, Douglas
ABSENT/

EXCUSED:

Representatives Kellogg, Roberts and Bedke
GUESTS: None
Chairman Wood called the meeting to order at 1:05 p.m.
MOTION: Rep. Cuddy made a motion to accept the minutes of April 2, 2003, as
written. Motion approved by a voice vote.
Chairman Wood thanked the committee, the secretary and the page.
ADJOURN: There being no further business the committee did Sine Die at 1:11 p.m.