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H0464.........................................by TRANSPORTATION AND DEFENSE PORTS OF ENTRY - Amends existing law to provide correct reference to the enforcement authority of Idaho Transportation Department employees at ports of entry and checking stations to clarify those vehicles required to stop at ports of entry and checking stations for inspection, grading or weighing. 01/25 House intro - 1st rdg - to printing 01/26 Rpt prt - to Transp 01/31 Rpt out - rec d/p - to 2nd rdg 02/01 2nd rdg - to 3rd rdg 02/02 3rd rdg - PASSED - 64-3-3 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Boe, Bolz, Brackett, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest(Bock), Henderson, Jaquet, Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Barrett, Loertscher, Sali Absent and excused -- Black, Block, Bradford Floor Sponsor - Roberts Title apvd - to Senate 02/03 Senate intro - 1st rdg - to Transp 02/17 Rpt out - rec d/p - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - McGee Title apvd - to House 03/03 To enrol 03/06 Rpt enrol - Sp signed 03/07 Pres signed 03/08 To Governor 03/11 Governor signed Session Law Chapter 31 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 464 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO PORTS OF ENTRY AND CHECKING STATIONS ESTABLISHED BY THE IDAHO 3 TRANSPORTATION DEPARTMENT; AMENDING SECTION 40-510, IDAHO CODE, TO PROVIDE 4 CORRECT REFERENCE TO THE ENFORCEMENT AUTHORITY OF TRANSPORTATION DEPART- 5 MENT EMPLOYEES AT PORTS OF ENTRY AND CHECKING STATIONS; AND AMENDING SEC- 6 TION 40-511, IDAHO CODE, TO CLARIFY THOSE VEHICLES REQUIRED TO STOP AT 7 PORTS OF ENTRY AND CHECKING STATIONS FOR INSPECTION, GRADING OR WEIGHING. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 40-510, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 40-510. PORTS OF ENTRY OR CHECKING STATIONS ESTABLISHED -- MOTOR VEHICLE 12 INVESTIGATOR ACTIVITIES -- AUTHORITY OF THE BOARD TO EMPLOY INDIVIDUALS. (1) 13 To augment and help make more efficient and effective the enforcement of cer- 14 tain laws of the state of Idaho, the Idaho transportation department is hereby 15 authorized and directed to establish from time to time temporary or permanent 16 ports of entry or checking stations upon any highways in the state of Idaho, 17 at such places as the Idaho transportation department shall deem necessary and 18 advisable. 19 (2) The board is authorized to appoint and employ individuals who shall 20 have limited peace officer authority for the enforcement of such motor vehicle 21 related laws as are herein specified: 22 (a) Sections 18-3906 and 18-8001, Idaho Code; 23 (b) Sections 25-1105 and 25-1182(2), Idaho Code; 24 (c) Sections 40-510 through 40-5142, Idaho Code; 25 (d) Chapters 1 through 5, 9, 10, 11, 15 through 19, 22 and 24, title 49, 26 sections 49-619, 49-660, 49-1407, 49-1418 and 49-1427 through 49-1430, 27 Idaho Code; 28 (e) Sections 63-2438, 63-2440, 63-2441 and 63-2443, Idaho Code; and 29 (f) Section 67-2901A, Idaho Code. 30 (3) Motor vehicle investigators shall have the authority to access confi- 31 dential vehicle identification number information. 32 (4) Any employee so appointed shall have the authority to issue misde- 33 meanor traffic citations in accordance with the provisions of section 49-1409, 34 Idaho Code, and infraction citations in accordance with the provisions of 35 chapter 15, title 49, Idaho Code. 36 (5) No employee of the department shall carry or use a firearm of any 37 type in the performance of his duties unless specifically authorized in writ- 38 ing by the director of the Idaho state police to do so. 39 (6) The board is authorized to extend the authority as provided in this 40 section to authorized employees of contiguous states upon approval of a bilat- 41 eral agreement according to the provisions of section 40-317, Idaho Code. 42 SECTION 2. That Section 40-511, Idaho Code, be, and the same is hereby 2 1 amended to read as follows: 2 40-511. STOPPING AND INSPECTION. (1) Wherever by the laws of the state of 3 Idaho any vehicle with a maximum gross weight or registered gross weight, or 4 operated at a gross weight of twenty-six thousand one (26,001) pounds or 5 more, excepting those transporting livestock or placardable quantities of haz- 6 ardous materials, is used to transport any merchandise, product or commodity 7 within the state, within the state to without the state, or from without the 8 state to within the state, the owner or operator of either the motor vehicle 9 or trailer, as defined in chapter 1, title 49, Idaho Code, used to transport 10 such merchandise, product or commodity is hereby required to stop at such 11 ports of entry or checking stations established by the Idaho transportation 12 department and submit to inspection, grading or weighing, for compliance with 13 the laws of the state of Idaho. 14 (2) Vehicles or combinations of vehicles with a maximum gross weight of 15 ten thousand (10,000) pounds or more transporting livestock or placardable 16 quantities of hazardous materials are required to stop at all ports of entry 17 or checking stations established by the Idaho transportation department. 18 (3) It shall be the duty of such owner or operator of every motor vehicle 19 or trailer to drive the motor vehicle or trailer upon any state owned station- 20 ary or portable scale or private scale, certified by the state of Idaho when 21 requested to do so by any peace officer, excepting fish and game officers, or 22 authorized employees of the Idaho transportation department. 23 (4) Authorized employees of the transportation department may stop any 24 vehicle with a maximum gross weight of eighteen thousand (18,000) pounds or 25 more by displaying a flashing red light if the authorized employee has proba- 26 ble cause to believe the vehicle bypassed a weighing or inspection station or 27 proceeded through the station without regard for the directional signals. 28 Authorized employees may direct a vehicle which has bypassed a weighing or 29 inspection station or has proceeded through the station without regard for the 30 directional signals, to return to the bypassed inspection or weighing station 31 and may issue a citation for failure to stop as required in this section. The 32 operator of a vehicle shall bring the vehicle to a stop, pulling off the 33 traveled portion of the highway when directed to do so by an authorized 34 employee of the transportation department by use of emergency lights or siren.
STATEMENT OF PURPOSE RS 15389 This legislation will amend Section 40-510(2c) and 40- 511(1), Idaho Code, to further clarify those vehicles required to stop at ports of entry for inspection/weighing. Additionally it will clarify that the referenced sections under (2) (c) end at section 512 and not Section 514 as currently listed. FISCAL NOTE This legislation does not require additional budget funding for the department. CONTACT Name: Alan Frew Agency: Idaho Transportation Department Phone: 334-8809 STATEMENT OF PURPOSE/FISCAL NOTE H 464