2006 Legislation
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HOUSE BILL NO. 517 – Motor carrier, agric product, exmpt

HOUSE BILL NO. 517

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Bill Status



H0517.........................................by TRANSPORTATION AND DEFENSE
MOTOR CARRIERS - AGRICULTURAL COMMODITIES - Amends and adds to existing law
to clarify that vehicles hauling agricultural commodities or products of
the forest are exempt from regulation all year; and to provide that harvest
season, for the purpose of vehicles transporting agricultural products,
including fresh fruits and vegetables, livestock, livestock feed, products
of the forest or manure, shall be year round.
                                                                        
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Transp
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/09    3rd rdg - PASSED - 66-2-2
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,
      Mr. Speaker
      NAYS -- Cannon, Smith(24)
      Absent and excused -- Black, Harwood
    Floor Sponsor - Nonini
    Title apvd - to Senate
02/10    Senate intro - 1st rdg - to Transp
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/16    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 - Little
    Title apvd - to House
03/17    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - To Governor
03/22    Governor signed
         Session Law Chapter 138
         Effective: 03/22/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 517
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR CARRIERS AND  HARVEST  SEASON;  AMENDING  SECTION  67-2901B,
  3        IDAHO  CODE,  TO CLARIFY THAT VEHICLES HAULING AGRICULTURAL COMMODITIES OR
  4        PRODUCTS OF THE FOREST ARE EXEMPT FROM REGULATION ALL YEAR; AMENDING CHAP-
  5        TER 6, TITLE 49, IDAHO CODE, BY THE ADDITION  OF  A  NEW  SECTION  49-674,
  6        IDAHO  CODE,  TO  PROVIDE  THAT HARVEST SEASON FOR THE PURPOSE OF VEHICLES
  7        TRANSPORTING AGRICULTURAL PRODUCTS, INCLUDING FRESH FRUITS AND VEGETABLES,
  8        LIVESTOCK, LIVESTOCK FEED, PRODUCTS OF THE  FOREST  OR  MANURE,  SHALL  BE
  9        YEAR-ROUND; AND DECLARING AN EMERGENCY.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That Section 67-2901B, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        67-2901B.  INSPECTION OF MOTOR CARRIERS -- EXEMPTIONS -- CERTIFICATION  OF
 14    REPAIR -- COMPLIANCE REVIEW -- PENALTIES. (1) All motor carriers, except those
 15    exempted  under  the provisions of subsection (2) of this section, are subject
 16    to compliance review and inspection by authorized state police  employees  for
 17    compliance  with  federal motor carrier safety and hazardous materials regula-
 18    tions and for compliance with applicable Idaho laws and rules  promulgated  by
 19    the  director  pursuant  to  the provisions of section 67-2901A, Idaho Code. A
 20    motor carrier shall submit any vehicle to a safety inspection  when  requested
 21    to  do  so by an authorized state police employee. Such inspections shall com-
 22    ply, to the extent possible, with national and industry  standards  for  truck
 23    inspections and truck safety as adopted by the commercial vehicle safety alli-
 24    ance.  A written inspection report shall be provided to the owner, operator or
 25    agent of the vehicle following any inspection review pursuant to this section.
 26        (2)  The following intrastate motor carriers shall be exempt  from  safety
 27    inspections and compliance reviews:
 28        (a)  Motor  vehicles  employed  solely in transporting school children and
 29        teachers to or from school or to and from approved school activities, when
 30        the motor vehicles are either:
 31             (i)  Wholly owned and operated by such school, or
 32             (ii) Leased or contracted by such school and the motor vehicle is not
 33             used in the furtherance of any other commercial enterprise; or
 34        (b)  Taxicabs or other motor vehicles performing a licensed or  franchised
 35        taxicab service, having a seating capacity of not more than seven (7) pas-
 36        sengers  within  twenty-five (25) miles of the boundaries of the licensing
 37        or franchising jurisdiction; or
 38        (c)  Motor vehicles owned or operated by or on behalf of hotels  and  used
 39        exclusively  for  the  transportation  of hotel patrons between hotels and
 40        local railroads or airports or other common carrier stations; or
 41        (d)  Motor vehicles controlled and operated by any farmer when used in the
 42        transportation of his farm equipment or in the transportation of  supplies
 43        to his farm; or
                                                                        
                                           2
                                                                        
  1        (e)  Motor vehicles used exclusively in the distribution of newspapers; or
  2        (f)  Transportation  of persons or property by motor vehicle at an airport
  3        when incidental to transportation by aircraft or other  transportation  in
  4        substitution for scheduled airline service when the carrier cannot provide
  5        the scheduled service because of weather  and/or mechanical conditions and
  6        the transportation is arranged for and paid by the affected airlines; or
  7        (g)  Transportation of persons and/or property, including mobile and modu-
  8        lar  houses manufactured with wheels and undercarriage as part of the sub-
  9        structure, but not transportation of other houses, buildings or structures
 10        within a municipality or territory contiguous to such municipality if such
 11        operation outside such municipality be a  part  of  a  service  maintained
 12        within  the  limits  of the municipality with the privilege of transfer of
 13        passengers to vehicles within the municipality without additional fare; or
 14        (h)  The transportation of agricultural products  including  fresh  fruits
 15        and  vegetables,  livestock,  livestock  feed or manure at any time of the
 16        year; or
 17        (i)  Motor propelled vehicles for the  sole  purpose  of  carrying  United
 18        States mail or property belonging to the United States; or
 19        (j)  Motor carriers transporting products of the forest at any time of the
 20        year; or
 21        (k)  Motor  carriers  transporting  products  of  the mine including sand,
 22        gravel and aggregates thereof, except petroleum products; or
 23        (l)  Motor carriers transporting household goods as defined by the federal
 24        surface transportation board; or
 25        (m)  Vehicles properly equipped, designed and  customarily  used  for  the
 26        transportation  of  disabled  or  abandoned  vehicles by means of a crane,
 27        hoist, tow bar, dolly or roll bed, which  vehicle  shall  be  known  as  a
 28        "wrecker (tow truck)."
 29        (3)  A  motor  carrier which has received a written inspection report pre-
 30    pared pursuant to subsection (1) of this section indicating that  his  vehicle
 31    does  not  comply with applicable federal laws or regulations or Idaho laws or
 32    rules, shall certify in writing to the director or his designee within fifteen
 33    (15) days of his receipt of the inspection report  that  he  has  brought  his
 34    vehicle  into compliance with said laws, regulations or rules. The director or
 35    his designee may assess an administrative penalty to any person who  does  not
 36    comply  with the certification provisions of this section or who makes a false
 37    certification. The penalty shall not exceed one  hundred  dollars  ($100)  for
 38    failure  to  comply with an inspection report or for making a false certifica-
 39    tion. If an assessment is contested, the director shall comply with the provi-
 40    sions governing contested cases under the administrative procedure act,  chap-
 41    ter 52, title 67, Idaho Code.
 42        (4)  Any  motor  carrier subject to rules promulgated under the provisions
 43    of section 67-2901A, Idaho Code, shall submit  to  a  compliance  review  upon
 44    request  of  the  director  or any officer designated by him, by providing for
 45    inspection or copying at any reasonable time, the records, books,  papers  and
 46    documents  relating  to the safety management systems or program of such motor
 47    carrier.
 48        (5)  Any penalties collected pursuant to subsection (3)  of  this  section
 49    shall be deposited to the state highway account.
                                                                        
 50        SECTION  2.  That  Chapter  6,  Title  49, Idaho Code, be, and the same is
 51    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 52    ignated as Section 49-674, Idaho Code, and to read as follows:
                                                                        
 53        49-674.  HARVEST SEASON. Harvest season for the purpose of vehicles trans-
                                                                        
                                           3
                                                                        
  1    porting  agricultural  products,  including fresh fruits and vegetables, live-
  2    stock, livestock feed, products of the forest or manure, shall be year-round.
                                                                        
  3        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
  4    declared to exist, this act shall be in full force and effect on and after its
  5    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15479

There is currently no officially defined harvest season for
agriculture commodities in Idaho.  It is necessary to clear up
any inconsistencies and to be more in tune with surrounding
states that Idaho clearly define the time allowed to transport
agriculture commodities interstate.  This bill defines the
harvest season in Idaho as it relates to the transportation of
commodities as year-round.

Examples of commodity transportation interstate would be
potatoes, logs, wheat, and sugar beets.  Transportation of
interstate commodities, with exemption from federal laws and
rules, is limited to one hundred air miles from the source or
distribution point to the destination.  Many of our commodities
are transported interstate to neighboring states throughout the
year.

Examples of harvest seasons in some surrounding states are:
Montana and Wyoming, year-round; and Washington is February 1
through November 30.

This bill would clear up any ambiguities and confusion about
Idaho's harvest seasons both with our own commodity haulers and
our surrounding state neighbors as well as the Federal Highway
Safety Administration.


                           FISCAL NOTE

None to the general fund.




Contact
Name: Rep. Nonini 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 517