2006 Legislation
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HOUSE BILL NO. 464 – Port of entry/certain vehicles/stop

HOUSE BILL NO. 464

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 / Fiscal Impact


                      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