HOUSE BILL NO. 335, As Amended in the Senate, As Amended in the Senate

1999 Legislation

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HOUSE BILL NO. 335, As Amended in the Senate, As Amended in the Senate – Motor carrier regulatn/Transp Dept

HOUSE BILL NO. 335, As Amended in the Senate, As Amended in the Senate

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H0335aaS,aaS..............................................by WAYS AND MEANS
MOTOR CARRIERS - REGULATION - Adds to, amends and repeals existing law to
remove authority for regulation of motor carriers from the Public Utilities
Commission; and to transfer responsibility for insurance verification,
safety inspections and compliance reviews of motor carriers to the Idaho
Transportation Department and the Department of Law Enforcement.

03/03    House intro - 1st rdg - to printing
03/04    Rpt prt - to Transp
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    Rules susp - PASSED - 54-14-2
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Black,
      Bruneel, Callister, Campbell, Clark, Crow, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23),
      Hansen(29), Hornbeck, Jones, Kellogg, Kempton, Kendell, Kunz, Lake,
      Limbaugh, Linford, Mader, McKague, Mortensen, Moyle, Pischner, Ringo,
      Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Wheeler, Williams,
      Wood, Zimmermann, Mr Speaker
      NAYS -- Bieter, Boe, Chase, Cuddy, Henbest, Jaquet, Judd, Marley,
      Meyer, Montgomery, Pomeroy, Reynolds, Ridinger, Watson
      Absent and excused -- Geddes, Loertscher
    Floor Sponsor - Wood
    Title apvd - to Senate
03/10    Senate intro - 1st rdg - to Transp
03/17    Rpt out - to 14th Ord
    Rpt out amen - 1st rdg - to 2nd rdg as amen
03/18    2nd rdg - to 3rd rdg as amen
    To 14th Ord - rpt out amen - to 1st rdg as amen
    Rules susp - PASSED - 29-5-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Frasure, Geddes, Hawkins,
      Ingram, Ipsen, Keough, King, Lee, Noh, Richardson, Riggs, Risch,
      Sandy, Sorensen, Stegner, Thorne, Twiggs, Wheeler
      NAYS--Dunklin, McLaughlin, Schroeder, Stennett, Whitworth
      Absent and excused--Parry
    Floor Sponsor - Ingram
    Title apvd - to House
    Hld at House Desk
03/19    House concurred in Senate amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rules susp - PASSED - 46-17-7
      AYES -- Barraclough, Barrett, Bell, Black, Callister, Campbell,
      Clark, Deal, Denney, Field(13), Field(20), Gagner, Geddes, Gould,
      Hansen(23), Henbest, Hornbeck, Judd, Kellogg, Kempton, Kendell, Kunz,
      Lake, Limbaugh, Linford, Loertscher, Mader, Montgomery, Moyle,
      Pischner, Pomeroy, Ringo, Robison, Sali, Sellman, Smith, Smylie,
      Stevenson, Stone, Taylor, Tippets, Trail, Wheeler, Wood, Zimmermann,
      Mr Speaker
      NAYS -- Alltus, Bieter, Boe, Bruneel, Chase, Cuddy, Ellsworth,
      Hadley, Jaquet, Jones, Marley, McKague, Meyer(Duncan), Reynolds,
      Ridinger, Schaefer, Stoicheff
      Absent and excused -- Crow, Hammond, Hansen(29), Mortensen, Tilman,
      Watson, Williams
    Floor Sponsor - Wood
    Title apvd - to enrol
    Rpt enrol - Sp signed - Pres signed
03/23    To Governor
03/26    Governor signed
         Session Law Chapter 383
         Effective: 07/01/99

Bill Text


H0335


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

          HOUSE BILL NO. 335, As Amended in the Senate, As Amended in the Senate

                               BY WAYS AND MEANS COMMITTEE

 1                                        AN ACT
 2    RELATING TO MOTOR CARRIERS; AMENDING SECTION 39-4426, IDAHO  CODE,  TO  REMOVE
 3        THE  RESPONSIBILITY  OF  EMPLOYEES OF THE DEPARTMENT OF HEALTH AND WELFARE
 4        FOR THE COLLECTION OF FEES AND PERMITS AS AGENTS OF THE IDAHO  TRANSPORTA-
 5        TION DEPARTMENT AND THE PUBLIC UTILITIES COMMISSION AND TO PROVIDE CORRECT
 6        CODE  CITATIONS;  AMENDING SECTION 40-510, IDAHO CODE, TO DELETE REFERENCE
 7        TO CHAPTER 8, TITLE 61, IDAHO CODE, AND TO MAKE  A  TECHNICAL  CORRECTION;
 8        AMENDING  SECTION  49-104,  IDAHO CODE, TO DEFINE "CERTIFICATION OF SAFETY
 9        COMPLIANCE" AND "COMPLIANCE REVIEW" AND TO MAKE  A  TECHNICAL  CORRECTION;
10        AMENDING  SECTION  49-114,  IDAHO  CODE,  TO DEFINE "MOTOR CARRIER" AND TO
11        DELETE REFERENCE TO A REPEALED CODE SECTION AND TO MAKE TECHNICAL  CORREC-
12        TIONS;  AMENDING CHAPTER 2, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW
13        SECTION 49-201B, IDAHO CODE, TO PROVIDE AUTHORITY TO THE  BOARD  TO  ENTER
14        INTO  BASE STATE AGREEMENTS FOR REGISTRATION OF INTERSTATE MOTOR CARRIERS;
15        AMENDING SECTION 49-202, IDAHO CODE, TO PROVIDE A FEE FOR CERTIFICATION OF
16        MOTOR CARRIER SAFETY AND INSURANCE PROGRAMS, TO PROVIDE FOR DISPOSITION OF
17        THE FEE, TO DELETE REFERENCE TO CHAPTER 8, TITLE 61, IDAHO  CODE,  AND  TO
18        MAKE  TECHNICAL  CORRECTIONS;  AMENDING  SECTION  49-401B,  IDAHO CODE, TO
19        DELETE REFERENCE TO CHAPTER 8, TITLE 61, IDAHO CODE, TO  DELETE  REFERENCE
20        TO  REGULATION OF MOTOR CARRIERS BY THE PUBLIC UTILITIES COMMISSION AND TO
21        MAKE TECHNICAL CORRECTIONS;  AMENDING  SECTION  49-1229,  IDAHO  CODE,  TO
22        DELETE  REFERENCE  TO REGULATION OF MOTOR CARRIERS BY THE PUBLIC UTILITIES
23        COMMISSION, TO CLARIFY THE REQUIREMENT THAT MOTOR CARRIERS SHALL  MAINTAIN
24        LIABILITY INSURANCE AND TO PROVIDE A CORRECT CODE CITATION; AMENDING CHAP-
25        TER  12,  TITLE  49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-1233,
26        IDAHO CODE, TO REQUIRE  MOTOR  CARRIERS  TO  PROVIDE  PROOF  OF  FINANCIAL
27        RESPONSIBILITY  TO  THE  IDAHO TRANSPORTATION DEPARTMENT AS A CONDITION OF
28        MOTOR CARRIER REGISTRATION, TO REQUIRE INSURANCE CARRIERS TO  FILE  NOTICE
29        WITH  THE  DEPARTMENT BEFORE THERE IS A TERMINATION OR REDUCTION IN COVER-
30        AGE, TO PROVIDE EXEMPTIONS AND TO AUTHORIZE PROMULGATION OF RULES  BY  THE
31        IDAHO  TRANSPORTATION BOARD; AMENDING SECTION 49-2206, IDAHO CODE, TO PRO-
32        VIDE A CORRECT CODE CITATION AND TO MAKE TECHNICAL  CORRECTIONS;  AMENDING
33        SECTION  49-2431,  IDAHO  CODE, TO DELETE REFERENCE TO REGULATION OF MOTOR
34        CARRIERS BY THE PUBLIC UTILITIES COMMISSION; REPEALING SECTIONS 61-335 AND
35        61-337, IDAHO CODE; REPEALING CHAPTER 8, TITLE 61,  IDAHO  CODE;  AMENDING
36        SECTION  61-1001,  IDAHO  CODE, TO DELETE REFERENCE TO REGULATION OF MOTOR
37        CARRIERS BY THE PUBLIC UTILITIES COMMISSION;  AMENDING  SECTIONS  61-1002,
38        61-1008  AND  61-1009,  IDAHO  CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO
39        DELETE REFERENCE TO MOTOR CARRIERS; AMENDING SECTION 61-1118, IDAHO  CODE,
40        TO PROVIDE FOR DISTRIBUTION OF ADMINISTRATIVE FEES COLLECTED BY THE PUBLIC
41        UTILITIES  COMMISSION;  AMENDING  CHAPTER 29, TITLE 67, IDAHO CODE, BY THE
42        ADDITION OF A NEW SECTION 67-2901A, IDAHO CODE, TO AUTHORIZE THE  DIRECTOR
43        OF  THE  DEPARTMENT  OF  LAW ENFORCEMENT TO CONDUCT SAFETY INSPECTIONS AND
44        COMPLIANCE REVIEWS OF MOTOR CARRIERS, TO PROVIDE RULEMAKING AUTHORITY  AND
45        TO  PROVIDE  A  PENALTY; AMENDING CHAPTER 29, TITLE 67, IDAHO CODE, BY THE
46        ADDITION OF A NEW SECTION 67-2901B, IDAHO CODE, TO PROVIDE FOR  INSPECTION


                                          2

 1        OF  MOTOR  CARRIERS  AND  TO PROVIDE EXEMPTIONS; AMENDING SECTION 67-2905,
 2        IDAHO CODE, TO PROVIDE AUTHORITY TO THE IDAHO STATE POLICE FOR ENFORCEMENT
 3        OF FEDERAL AND STATE MOTOR CARRIER LAWS, REGULATIONS AND RULES; AND AMEND-
 4        ING SECTION 67-2917, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY.

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION 1.  That Section 39-4426, Idaho Code, be, and the same  is  hereby
 7    amended to read as follows:

 8        39-4426.  APPOINTMENT  OF  HEALTH INSPECTORS. (1) The department of health
 9    and welfare shall assign a sufficient number of  employees  and  equipment  to
10    inspect  hazardous  waste facilities or sites permitted under section 39-4409,
11    Idaho Code, and located in Idaho where disposal of hazardous waste occurs  for
12    the  purpose of assuring the protection of the health and safety of the public
13    by monitoring the receipt and handling of hazardous  wastes  which  have  been
14    transported by common carrier.
15        (2)    The  employees  of the department of health and welfare desig-
16    nated in subsection (1) of this section shall be agents of the Idaho transpor-
17    tation department and the public utilities commission for the purpose of  col-
18    lecting  regulatory  and  registration  fees  pursuant  to sections 61-811 and
19    61-812, Idaho Code, and for collecting fees and permits pursuant to chapter 4,
20    title 49, Idaho Code, which fees have not  otherwise  been  lawfully  paid  by
21    transporters  to  the  public  utilities  commission, the Idaho transportation
22    department or a county assessor in this state and for issuing permits pursuant
23    to section 49-22202, Idaho Code. All  moneys  collected  by  the  department's
24    employees  as  agents  of  the  Idaho transportation department and the public
25    utilities commission shall be remitted to the state treasurer for  deposit  in
26    the proper account as provided by law.
27     
28          (3)    All employees of the department designated pursuant to
29    subsection (1) of this section shall alert proper authorities or  peace  offi-
30    cers  regarding  violations  pursuant  to this chapter, violations pursuant to
31     title 61, Idaho Code, and violations pursuant to  title 49,  Idaho
32    Code, and violations to any rules  and regulations  issued pursuant
33    to    any  of  the aforementioned code  section s  
34    67-2901A, Idaho Code .
35         (3)   All actions brought for violations of the provisions  of
36    this  chapter  or  rules    and  regulations   promulgated pursuant
37    thereto shall be brought as provided for in this chapter. All actions  brought
38    for  violations  of the provisions of  title 61, Idaho Code, or of 
39    title 49, Idaho Code, shall be brought as provided in  those  
40    that  title s .

41        SECTION 2.  That Section 40-510, Idaho Code, be, and the  same  is  hereby
42    amended to read as follows:

43        40-510.  PORTS OF ENTRY OR CHECKING STATIONS ESTABLISHED  -- MOTOR VEHICLE
44    INVESTIGATOR ACTIVITIES -- AUTHORITY OF THE BOARD TO EMPLOY INDIVIDUALS. 
45    (1)   To augment and help make more efficient and effective the enforce-
46    ment of certain laws of the state of Idaho, the Idaho  transportation  depart-
47    ment  is  hereby authorized and directed to establish from time to time tempo-
48    rary or permanent ports of entry or checking stations upon any highways in the
49    state of Idaho, at such places as the Idaho  transportation  department  shall
50    deem necessary and advisable.


                                          3

 1        (2)  The  board  is authorized to appoint and employ individuals who shall
 2    have limited peace officer authority for the enforcement of such motor vehicle
 3    related laws as are herein specified:
 4        (a)  Sections 18-3906 and 18-8001, Idaho Code;
 5        (b)  Sections 25-1105 and  25-1182(2), Idaho Code;
 6        (c)  Sections 40-510 through 40-514, Idaho Code;
 7        (d)  Chapters 1 through 5, 9, 10, 11, 15 through 19, 22 and 24, title  49,
 8        sections  49-619,  49-660,  49-1407, 49-1418 and 49-1427 through  49-1430,
 9        Idaho Code;  and 
10        (e)   Chapter 8, title 61, Idaho Code; and
11     
12         (f)   Sections 63-2438, 63-2440, 63-2441  and  63-2443,  Idaho
13        Code.
14        (3)  Motor vehicle investigators shall have the authority to access confi-
15    dential vehicle identification number information.
16        (4)  Any  employee  so  appointed shall have the authority to issue misde-
17    meanor traffic citations in accordance with the provisions of section 49-1409,
18    Idaho Code, and infraction citations in  accordance  with  the  provisions  of
19    chapter 15, title 49, Idaho Code.
20        (5)  No  employee  of  the  department shall carry or use a firearm of any
21    type in the performance of his duties unless specifically authorized in  writ-
22    ing by the director of the department of law enforcement to do so.
23        (6)  The  board  is authorized to extend the authority as provided in this
24    section to authorized employees of contiguous states upon approval of a bilat-
25    eral agreement according to the provisions of section 40-317, Idaho Code.

26        SECTION 3.  That Section 49-104, Idaho Code, be, and the  same  is  hereby
27    amended to read as follows:

28        49-104.  DEFINITIONS -- C.
29        (1)  "Cancellation of driver's license" means the annulment or termination
30    by  formal  action of the department of a person's driver's license because of
31    some error or defect in the driver's license or because  the  licensee  is  no
32    longer  entitled  to  the  driver's  license.  The  cancellation of a driver's
33    license is without prejudice and after compliance with requirements, the indi-
34    vidual may apply for a new driver's license at any time after cancellation.
35        (2)  "Caravaning" means the transportation of any motor vehicle into,  out
36    of,  or within the state operating on its own wheels or in tow for the purpose
37    of sale or offer of sale by any agent, dealer, manufacturer's  representative,
38    purchaser,  or prospective purchaser, regardless of residence unless the motor
39    vehicle is licensed by the state of  Idaho,  or  is  owned  by  an  automobile
40    dealer,  duly  licensed as a dealer by this state. It shall also be considered
41    as the transportation of property for hire by a motor vehicle upon  the  high-
42    ways of this state.
43        (3)  "Certificate of liability insurance" means a certificate of liability
44    insurance  issued  by  an  insurance company authorized to do business in this
45    state or a certificate of liability insurance  issued  by  the  department  of
46    insurance  which  demonstrates  current  insurance against loss resulting from
47    liability imposed by law for bodily injury or death or damage to property suf-
48    fered by any person caused by accident and arising out of the operation, main-
49    tenance or use of a motor vehicle described in the certificate  in  an  amount
50    not  less  than  that required by section 49-1212, Idaho Code, and also demon-
51    strates the current existence of any other  coverage  required  by  title  41,
52    Idaho Code, or a certificate of self-insurance issued pursuant to law for each
53    motor  vehicle  to  be  registered. A certificate of liability insurance shall


                                          4

 1    contain the information required by the department of insurance, including the
 2    name and address of the owner of the motor vehicle and a  description  of  the
 3    motor  vehicle including identification number if there is one, or a statement
 4    that all vehicles owned by a person or entity are covered  by  insurance,  the
 5    inception  date of coverage, and the name of the insurer. "Certificate of lia-
 6    bility insurance" may also include the original contract of  liability  insur-
 7    ance  or  a  true  copy,  demonstrating the current existence of the liability
 8    insurance described above.
 9        (4)   "Certification of safety compliance" means that a motor carrier
10    certifies as part of its registration process that it  has  knowledge  of  the
11    federal  regulations and rules promulgated by the Idaho transportation depart-
12    ment and the department of law enforcement applicable to motor carriers.
13        (5)   "Commercial coach." (See section 39-4105, Idaho Code)
14        ( 5  6 )  "Commercial driver's  license"  means  any
15    class  A,  class  B  or class C driver's license as defined in section 49-105,
16    Idaho Code.
17        ( 6  7  )  "Commercial  driver  license  information
18    system  (CDLIS)" is the information system established to serve as a clearing-
19    house for locating information related to the licensing and identification  of
20    motor vehicle drivers.
21        (  7  8 )  "Commercial driver training school" means
22    a business enterprise conducted by an individual, association, partnership, or
23    corporation, for the education and training of persons, either practically  or
24    theoretically,  or  both,  to  operate or drive motor vehicles, and charging a
25    consideration or tuition for such services.
26        ( 8  9 )  "Commercial vehicle" or "commercial  motor
27    vehicle."  (See  "Vehicle  "  , "  section 49-123, Idaho
28    Code)
29        ( 9  10 )  "Compliance review" means an on-site
30    examination of motor carrier operations, which may be at the  carrier's  place
31    of  business,  including  driver's  hours  of service, vehicle maintenance and
32    inspection, driver qualifications, commercial driver's  license  requirements,
33    financial  responsibility,  accidents,  hazardous  materials,  and  such other
34    related safety and transportation records to determine safety fitness.
35        (11)  "Construction danger zone" means a construction or maintenance
36    area that is located on or adjacent to a highway  and  marked  by  appropriate
37    warning signs.
38        (1 0  2 ) "Controlled substance" means any substance
39    so classified under section 102(6) of the controlled substances act (21 U.S.C.
40    802(6)),  and  includes all substances listed on schedules I through V, of 21,
41    CFR part 1308, as they may be revised from time to time.
42        (1 1  3 ) "Conviction" means  the  person  has  pled
43    guilty  or  has been found guilty, notwithstanding the form of the judgment or
44    withheld judgment.
45        (1 2  4 ) "Crosswalk" means:
46        (a)  That part of a highway at an intersection included within the connec-
47        tions of the lateral lines of the sidewalks on opposite sides of the high-
48        way measured from the curbs or in the absence of curbs, from the edges  of
49        the  traversable  highway; and in the absence of a sidewalk on one side of
50        the highway, that part of a highway included within the extension  of  the
51        lateral lines of the existing sidewalk at right angles to the centerline.
52        (b)  Any  portion  of a highway at an intersection or elsewhere distinctly
53        indicated for pedestrian crossing by lines or other markings on  the  sur-
54        face.


                                          5

 1        SECTION  4.  That  Section  49-114, Idaho Code, be, and the same is hereby
 2    amended to read as follows:

 3        49-114.  DEFINITIONS -- M.
 4        (1)  "Major component part" means a rear clip, cowl, frame or inner struc-
 5    ture forward of the cowl, body, cab, front end assembly, front  clip  or  such
 6    other part which is critical to the safety of the vehicle.
 7        (2)  "Manifest"  means  a form used for identifying the quantity, composi-
 8    tion, origin, routing, waste or material identification code  and  destination
 9    of  hazardous  material  or  hazardous waste during any transportation within,
10    through, or to any destination in this state.
11        (3)  "Manufactured home." (See section 39-4105, Idaho Code)
12        (4)  "Manufacturer" means every person engaged in  the  business  of  con-
13    structing    or  assembling vehicles of a type required to be registered at an
14    established place of business in this state. The term, for  purposes  of  sec-
15    tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
16    include a distributor and other factory representatives.
17        (5)  "Manufacturer's  year designation" means the model year designated by
18    the vehicle manufacturer, and not the year in which the vehicle is,  in  fact,
19    manufactured.
20        (6)  "Maximum  gross weight" means the scale weight of a vehicle, equipped
21    for operation, to which shall be added the  maximum  load  to  be  carried  as
22    declared  by  the owner in making application for registration. When a vehicle
23    against which a registration or use fee is assessed is a combination of  vehi-
24    cles, the term "maximum gross weight" means the combined maximum gross weights
25    of all vehicles in the combination.
26        (7)  "Metal tire." (See "Tires," section 49-121, Idaho Code)
27        (8)  "Moped" means a limited-speed motor-driven cycle which is not capable
28    of  propelling  the vehicle at a speed in excess of thirty (30) miles per hour
29    on level ground, whether two (2) or three (3) wheels are in contact  with  the
30    ground  during  operation.  If an internal combustion engine is used, the dis-
31    placement shall not exceed fifty (50) cubic centimeters and  the  moped  shall
32    have  a  power  drive  system that functions directly or automatically without
33    clutching or shifting by the operator after the drive system is engaged.
34        (9)  "Motorcycle" means every motor vehicle having a seat  or  saddle  for
35    the  use of the rider and designed to travel on not more than three (3) wheels
36    in contact with the ground, but excluding a tractor and moped.
37        (10)  "Motor carrier" means an individual,  partnership,  corporation
38    or  other  legal entity engaged in the transportation by motor vehicle of per-
39    sons or property in the furtherance of a business or for hire.
40        (11)  "Motor home" means a vehicular unit designed to provide tempo-
41    rary living quarters, built into an integral part or permanently attached to a
42    self-propelled motor vehicle chassis. The  vehicle  must  contain  permanently
43    installed  independent  life  support systems which meet the American National
44    Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro-
45    vide at least four (4) of the following facilities: cooking, refrigeration  or
46    ice  box,  self-contained  toilet,  heating and/or air conditioning, a potable
47    water supply system, including a faucet and sink, separate 110-125 volt  elec-
48    trical  power supply and/or LP-gas supply.
49        (1 1  2 ) "Motorized wheelchair" means a motor vehi-
50    cle  with  a speed not in excess of eight (8) miles per hour, designed for and
51    used by a handicapped person.
52        (1  2    3  ) "Motor  number."   (See   "Identifying
53    number " , "  section 49-110, Idaho Code)
54        (1  3    4  ) "Motor  vehicle." (See "Vehicle "


                                          6

 1    , "  section 49-123, Idaho Code)
 2        (1 4  5 ) "Motor vehicle liability policy" means  an
 3    owner's  or operator's policy of liability insurance, certified as provided in
 4    section 49-1210 ,   or 49-1211,  Idaho Code, as proof of
 5    financial responsibility, and issued , except as  otherwise  provided  in
 6    section 49-1211, Idaho Code,  by an insurance carrier duly authorized to
 7    transact  business  in  this  state, to or for the benefit of the person named
 8    therein as insured.
 9        (1 5  6 ) "Motor vehicle record"  means  any  record
10    that  pertains to a motor vehicle registration, motor vehicle title or identi-
11    fication documents or other similar credentials issued by  the  department  or
12    other state or local agency.

13        SECTION  5.  That  Chapter  2,  Title  49, Idaho Code, be, and the same is
14    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
15    known and designated as Section 49-201B, Idaho Code, and to read as follows:

16        49-201B.  BASE  STATE  AGREEMENTS.    Pursuant  to  federal law, the Idaho
17    transportation department is hereby authorized to enter into reciprocal agree-
18    ments with the regulatory agencies of other  states  having  jurisdiction  and
19    authority  over  motor  carriers to provide for base state agreements in which
20    the registration of interstate carriers operating in participating states  may
21    be  accomplished  by  registration in one (1) base state. Carriers electing to
22    register under base state agreements shall be subject to the jurisdiction  and
23    authority  of  the  Idaho transportation department to the same extent as they
24    would if they did not participate in the base state agreement. The fees autho-
25    rized by federal law, or such lesser fees as the  participating  states  agree
26    to,  may  be collected, and the base state may require further filings of cer-
27    tificates of insurance, surety bonds, et cetera, to show the carrier's  quali-
28    fications  to  operate.  Participating carriers shall register their authority
29    directly with the transportation department and not with other state or  local
30    agencies.

31        SECTION  6.  That  Section  49-202, Idaho Code, be, and the same is hereby
32    amended to read as follows:

33        49-202.  DUTIES OF DEPARTMENT. (1) All registration and  driver's  license
34    records  in  the  office of the department shall be public records and open to
35    inspection by the public  during  normal  business  hours,  except  for  those
36    records  declared  by law to be for the confidential use of the department, or
37    those records containing personal information subject to restrictions or  con-
38    ditions  regarding  disclosure. If the department has contracted for a service
39    to be provided by another entity, an additional fee shall be charged  by  that
40    contractor whether the service is rendered during normal business hours, other
41    than normal business hours or on weekends.
42        (2)  In  addition  to  other  fees  required by law to be collected by the
43    department, the department shall collect the following:
44        (a)  For certifying a  copy  of  any  record  pertaining  to  any  vehicle
45        license, any certificate of title, or any driver's license ......... $8.00
46        (b)  For issuing every Idaho certificate of title .................. $8.00
47        (c)  For  furnishing  a  duplicate  copy of any Idaho certificate of title
48        .................................................................... $8.00
49        (d)  For issuance or transfer of every certificate of title on  a  new  or
50        used vehicle or other titled vehicle in an expedited manner (rush titles),
51        in addition to any other fee required by this section ............. $15.00


                                          7

 1        (e)  For furnishing a replacement of any receipt of registration ... $3.00
 2        (f)  For  answering  inquiries  as  to  registration or ownership of motor
 3        vehicles or driver's license records, per vehicle  registration,  accident
 4        report records, title or per driver's license record ............... $4.00
 5        Additional contractor fee, not to exceed ........................... $4.00
 6        (g)  For services in furnishing copies of files of vehicle or other regis-
 7        trations, vehicle titles, or driver's licenses per hour ........... $10.00
 8        (h)  Placing  "stop"  cards  in  vehicle registration or title files, each
 9        ................................................................... $12.00
10        (i)  For issuance of an assigned  or  replacement  vehicle  identification
11        number (VIN) .......................................................$10.00
12        (j)  For  a  vehicle  identification  number (VIN) inspection whether con-
13        ducted by a city or county peace officer or any  other  peace  officer  or
14        designated agent of the state of Idaho, per inspection ............. $3.00
15        (k)  For all replacement registration stickers, each ............... $1.00
16        (l)  For  issuing  letters  of  temporary vehicle clearance to Idaho based
17        motor carriers .................................................... $10.00
18        (m)  For all sample license plates, each .......................... $12.00
19        (n)  For filing release of liability statements .................... $2.00
20         (o)  For safety and insurance programs for each vehicle operated  by
21        a motor carrier ............................................. $2.00 
22         A lesser amount may be set by rule of the board. 
23        (3)  The fees required in this section shall not apply when the service is
24    furnished  to any federal, state, county or city peace officer  when such ser-
25    vice is required in the performance of their duties as peace officers.
26        (4)  The department may enter into agreements with  private  companies  or
27    public  entities  to provide the services for which a fee is collected in sub-
28    section (2)(f) of this section. Such private contractor shall collect the  fee
29    prescribed and remit the fee to the department. The contractor shall also col-
30    lect and retain the additional fee charged for his services.
31        (5)    (a)    The department shall pay three dollars ($3.00) of
32        the fee collected by a county assessor or other agent of the department as
33        provided in subsection (2)(a) through (f) of this section, to  the  county
34        assessor  of  the  county  or  agent   collecting such fee, which shall be
35        deposited with the county treasurer and credited  to  the  county  current
36        expense fund. The remainder of the fees collected as provided in that sub-
37        section  shall be paid by the department to the state treasurer and placed
38        in the state highway account.
39         (b)   The fee collected under subsection (2)(j) of  this  sec-
40        tion for a VIN inspection shall be placed in the city general fund if con-
41        ducted by a city peace officer, in the county current expense fund if con-
42        ducted  by  a county peace officer, shall be retained by the special agent
43        authorized to perform the inspection, or paid to the state  treasurer  and
44        placed  to the credit of the department of law enforcement if conducted by
45        the Idaho state police division or in the state highway  account  if  con-
46        ducted by the department.
47          (c)  The  fee collected under subsection (2)(o) of this section for
48        motor carriers shall be paid by the department to the state treasurer  and
49        placed  in the state highway account. The director and the director of the
50        department of law enforcement shall jointly determine  the  amount  to  be
51        transferred  from the state highway account to the law enforcement account
52        for motor carrier safety programs  conducted  by  the  department  of  law
53        enforcement  pursuant  to the provisions of  section 67-2901A, Idaho Code.
54        
55        (6)  The department as often as practicable may provide to law enforcement


                                          8

 1    agencies the record of suspensions and revocations of driver licenses via  the
 2    Idaho law enforcement telecommunications system (ILETS).
 3        (7)  The  department  shall  provide  the forms prescribed in chapter 5 of
 4    this title, shall receive and file in its office in Boise, Idaho, all  instru-
 5    ments  required  in  chapter  5 of this title to be filed with the department,
 6    shall prescribe a uniform method of numbering certificates of title, and main-
 7    tain in the department indices for such certificates  of  title.  All  indices
 8    shall  be  by  motor  or identification number and alphabetical by name of the
 9    owner.
10        (8)  The department shall file each registration received under a distinc-
11    tive registration number assigned to the vehicle and to the owner thereof.
12        (9)  The department shall not renew a driver's license  or  identification
13    card  when  fees  required  by  law  have not been paid or where fees for past
14    periods are due, owing and unpaid including nonsufficient fund  checks,  until
15    those fees have been paid.
16        (10) The department shall not grant the registration of a vehicle when:
17        (a)  The applicant is not entitled to registration under the provisions of
18        this title; or
19        (b)  The applicant has neglected or refused to furnish the department with
20        the  information required in the appropriate form or reasonable additional
21        information required  by the department, or has failed to comply with  the
22        provisions of section 49-436, Idaho Code, in past registration periods; or
23        (c)  The  fees  required by law have not been paid, or where fees for past
24        registration periods are due, owing  and  unpaid  including  nonsufficient
25        fund checks.
26        (11) The department or its authorized agents have the authority to request
27    any person, to submit to medical, vision, highway, or written examinations, to
28    protect  the  safety  of  the  public upon the highways. The department or its
29    authorized agents may exercise such authority based upon  evidence  which  may
30    include, but is not limited to, observations made.
31        (12) The department shall revoke the registration of any vehicle:
32        (a)  Which  the  department shall determine is unsafe or unfit to be oper-
33        ated or is not equipped as required by law;
34        (b)  Whenever the person to whom the  registration  card  or  registration
35        plate  has been issued shall make or permit to be made any unlawful use of
36        the same or permit their use by a person not entitled thereto;
37        (c)  For any violation of vehicle registration requirements by  the  owner
38        or operator in the current or past registration periods;
39        (d)  Whenever  a  motor  carrier  as defined in section 61-801, Idaho
40        Code,  has  his  permit  revoked  for  any  cause  except  at  the  
41        request s revocation,   of the  permit holder, as provided
42        in  section  61-808,  Idaho  Code,    or  whenever   an   interstate
43        carrier  's    has his registration revoked by reason of a
44        revocation of his interstate  commerce  commission      federal
45         operating authority  has been revoked ;
46        (e)  For  nonpayment  by  the owner or operator of the vehicle of use fees
47        computed under sections 49-434 and 49-435, Idaho Code;
48        (f)  For failure of the owner or operator to file the reports required  or
49        nonpayment  of  fees assessed against the owner by the department pursuant
50        to audit under the provisions of section 49-436, Idaho Code;
51        (g)  Identified by any city or county administering a program  established
52        by  ordinance for the inspection and readjustment of motor vehicles (which
53        program is part of an approved state implementation plan adopted  by  both
54        the  state  and  federal  governments under 42 USC section 7410) as having
55        failed to comply  with  an  ordinance  requiring  motor  vehicle  emission


                                          9

 1        inspection  and readjustment; provided that no vehicle shall be identified
 2        to the department under this subsection (g) unless (i) the city or  county
 3        certifies  to  the department that the owner of the motor vehicle has been
 4        given notice and had the opportunity for a hearing  concerning  compliance
 5        with  the  ordinance  and  has exhausted all remedies and appeals from any
 6        determination made at such hearing; and (ii) the city or county reimburses
 7        the department for all direct costs associated with the registration revo-
 8        cation procedure.
 9        (13) The department shall not reregister or permit a vehicle to operate on
10    a special trip permit until all fees, penalties and interest have been paid.
11        (14) The department shall institute educational programs,  demonstrations,
12    exhibits and displays.
13        (15) The department shall cancel a driver's license or identification card
14    when  fees required by law have not been paid or where fees are due, owing and
15    unpaid including nonsufficient fund checks, until those fees have been paid.
16        (16) The department shall examine persons and vehicles by  written,  oral,
17    vision and skills tests without compulsion except as provided by law.
18        (17) The  department shall employ expert and special help as needed in the
19    department.
20        (18) The department shall  compile  accident  statistics  and  disseminate
21    information relating to those statistics.
22        (19) The department shall cooperate with the United States in the elimina-
23    tion of road hazards, whether of a physical, visual or mental character.
24        (20) The department shall place and maintain traffic-control devices, con-
25    forming  to  the board's manual and specifications, upon all state highways as
26    it shall deem necessary to indicate and to carry out the  provisions  of  this
27    title  or  to regulate, warn, or guide traffic. No local authority shall place
28    or maintain any traffic-control device upon any highway under the jurisdiction
29    of the department except by the latter's  permission, except  where  the  duly
30    elected  officials of an incorporated city have established speed limits lower
31    than those set by the department on the portion of state  highways,  excluding
32    controlled - access and interstate highways, that pass through res-
33    idential,  urban or business districts within the jurisdiction of the incorpo-
34    rated  city.  The  placement  and  maintenance  of  such  a   traffic   -
35    control  device  by  a  local  authority  shall be made according to the
36    board's manual and specifications for  a  uniform  system  of  traffic  -
37    control devices.
38        (21) The  department  may  conduct an investigation of any bridge or other
39    elevated structure constituting a part of a highway, and if it shall find that
40    the structure cannot with safety to itself withstand vehicles traveling  at  a
41    speed  otherwise permissible under this title, shall determine and declare the
42    maximum speed of vehicles which the structure can safely withstand, and  shall
43    cause  or  permit  suitable  signs stating the maximum speed to be erected and
44    maintained before each end of the structure.
45        (22) Whenever the department shall determine on the basis of an  engineer-
46    ing  and  traffic  investigation that slow speeds on any highway or part of  a
47    highway impede the normal and reasonable movement of traffic,  the  department
48    may  determine  and  declare a minimum speed limit below which no person shall
49    drive a vehicle except when necessary for safe operation or in compliance with
50    law, and that limit shall be effective when posted upon appropriate  fixed  or
51    variable  signs, except in cases where the duly elected officials of an incor-
52    porated city have established speed  limits  lower   than  those  set  by  the
53    department   on  portions  of  state  highways,  excluding  controlled  -
54    access and interstate highways, that pass through residential, urban  or
55    business districts within the jurisdiction of the incorporated city.


                                          10

 1        (23) The  department  shall  regulate  or  prohibit  the  use of any 
 2    controlledaccess   controlled-access  highway by any class or
 3    kind of traffic which is found to be incompatible with  the  normal  and  safe
 4    movement of traffic.
 5        (24) The  department  shall  erect and maintain traffic-control devices on
 6    controlled-access highways on which any prohibitions are applicable.
 7        (25) Wherever a highway crosses one  (1)  or more railroads  at
 8    grade,  the  department or local authorities within their respective jurisdic-
 9    tions shall  place  and  maintain  stop  signs,  directing  vehicular  traffic
10    approaching the crossing to come to a full stop prior to entering the crossing
11    at  all railroad crossings where electric or mechanical warning signals do not
12    exist. Placement of these stop signs shall be mandatory  except  when  in  the
13    determination  of  public  highway  agencies  the existence of stop signs at a
14    given crossing would constitute a greater hazard than their absence based on a
15    recognized engineering study.
16        Nothing in this subsection shall be construed as granting immunity to  any
17    railroad    company as to liability, if any, for an accident which might occur
18    at a crossing where stop signs are erected and in  place,  but  liability,  if
19    any,  shall be determined as provided by law. Liability on the part of govern-
20    mental authorities on account of absence of any stop sign at a crossing  shall
21    be determined as provided by law.
22        (26) The  department  and  local  authorities  are authorized to determine
23    those portions of any highway under their respective jurisdictions where over-
24    taking and passing or driving on the left side of the roadway would  be  espe-
25    cially hazardous and may by appropriate signs or markings on the roadway indi-
26    cate  the  beginning and end of those  zones and when signs or markings are in
27    place and clearly visible to an ordinarily observant  person, every driver  of
28    a vehicle shall obey those directions.
29        (27) The  department  and  local authorities in their respective jurisdic-
30    tions may in their discretion issue special permits authorizing the  operation
31    upon a highway of traction engines or  tractors  having  movable  tracks  with
32    transverse corrugations upon the periphery of the movable tracks or farm trac-
33    tors  or  other  farm  machinery,  the operation of which upon a highway would
34    otherwise be prohibited under this title or title 40, Idaho Code.
35        (28) The department and local highway authorities within their  respective
36    jurisdictions may place official traffic-control devices prohibiting, limiting
37    or  restricting  the  stopping, standing or parking of vehicles on any highway
38    where such stopping, standing or parking is dangerous to those using the high-
39    way or where the stopping, standing or parking of vehicles  unduly  interferes
40    with the free movement of traffic thereon.
41        (29) On  any  informational  material printed after July 1, 1995, by or at
42    the order of the department and distributed to counties, school  districts  or
43    individuals  for  the  purpose  of  assisting  a person to successfully pass a
44    driver's license test, the department shall include material about the state's
45    open range law and responsibilities, liabilities and  obligations  of  drivers
46    driving in the open range.

47        SECTION  7.  That  Section 49-401B, Idaho Code, be, and the same is hereby
48    amended to read as follows:

49        49-401B.  APPLICATION FOR REGISTRATION -- RECEIPT FOR  FEE  --  RECORD  OF
50    APPLICANTS.  (1)  Application for the registration of a vehicle required to be
51    registered under the provisions of section 49-401A, Idaho Code, shall be  made
52    to  the  assessor or the department as specified in that section, by the owner
53    upon the appropriate form. Every application shall be signed by the owner  and


                                          11

 1    contain  his  residence  address  and a brief description of the vehicle to be
 2    registered, including the name of the maker, the type of fuel  used,  and  the
 3    identification  number.  Upon  registration  of a new vehicle, the application
 4    shall also show the date of sale by the manufacturer or dealer to  the  person
 5    first operating such vehicle. The application shall contain any other informa-
 6    tion  as  may  be  required by the department. The assessor shall issue to the
 7    applicant a receipt for any fee paid.
 8        (2)  The assessor shall record on a form prescribed and furnished  by  the
 9    department,  the  names  of  all owners of vehicles residing in the county who
10    make application for registration, together with the amounts of the fees  paid
11    by such owners.
12        (3)  When application for registration is made by any motor carrier ,
13        as  defined in section 61-801, Idaho Code, or by any interstate
14    carrier as defined in section 61-801A, Idaho Code,  the assessor or  the
15    department  shall  require  each such applicant to  exhibit a receipt for
16    the payment of the regulatory fee required of any  motor  carrier  by  section
17    61-811,  Idaho Code, or evidence of the payment of the registration fee of any
18    interstate carrier required by section 61-802B and section 61-812, Idaho Code.
19    The number and the amount paid shall be noted on the application. Pursuant  to
20    the  authority and duty provided in section 61-811A, Idaho Code, each assessor
21    and the department, shall when the regulatory fees of motor carriers  and  the
22    registration fees of interstate carriers have not been paid prior to registra-
23    tion,  collect such regulatory fees for the public utilities commission.  Each
24    assessor and the department shall monthly submit a list of all carriers paying
25    fees and remit monthly all fees to the Idaho public  utilities  commission  no
26    later  than the tenth day of each month following collection   exe-
27    cute a certification of safety compliance .
28        (4)  Vehicles registered under the proportional registration provisions of
29    section 49-435, Idaho Code, shall be registered by the department.
30        (5)  Every owner of a vehicle registered by a county assessor  shall  give
31    his principal residence or domicile address to the assessor so that the proper
32    county  can be entered upon the registration. Failure to do so shall be unlaw-
33    ful.  The department shall then attribute the registration, and all fees to be
34    apportioned to the highway distribution account, to the  county  of  residence
35    regardless  of  the  county  in which the registration occurred.  Fees imposed
36    under the provisions of sections 40-827 and 40-1416, Idaho Code, shall be sep-
37    arately identified and accounted for, and paid to  the  highway  district  for
38    which  collected.   For  the  purposes of vehicle registration, a person is an
39    actual and permanent resident of the county in which he has his principal res-
40    idence or domicile.  A principal residence or domicile shall not be a person's
41    workplace, vacation, or part-time residence.
42        (6)  A violation of the provisions of this section shall be an infraction.

43        SECTION 8.  That Section 49-1229, Idaho Code, be, and the same  is  hereby
44    amended to read as follows:

45        49-1229.  REQUIRED  MOTOR  VEHICLE  INSURANCE.  (1) Every owner of a motor
46    vehicle which is registered and operated in Idaho by the  owner  or  with  his
47    permission  shall  continuously,  except as provided in section 41-2516, Idaho
48    Code,  provide insurance against loss resulting from liability imposed by  law
49    for bodily injury or death or damage to property suffered by any person caused
50    by  maintenance  or  use  of motor vehicles described therein in an amount not
51    less than that required by section 49-117, Idaho Code, and  shall  demonstrate
52    the existence of any other coverage required by this title or a certificate of
53    self-insurance  issued  by  the  department pursuant to section 49-1224, Idaho


                                          12

 1    Code, for each motor vehicle to be registered.
 2        (2)  A motor vehicle owner who prefers to post an indemnity bond with  the
 3    director  of the department of insurance in lieu of obtaining a policy of lia-
 4    bility insurance may do so. Such bond shall guarantee that any loss  resulting
 5    from  liability  imposed by law for bodily injury, death or damage to property
 6    suffered by any person caused by accident and arising out  of  the  operation,
 7    maintenance and use of the motor vehicle sought to be registered shall be paid
 8    within  thirty  (30)  days.  The indemnity bonds shall guarantee payment in an
 9    amount no less than fifty thousand dollars ($50,000) for any one (1)  accident
10    of  which fifteen thousand dollars  ($15,000) is for property damage, for each
11    vehicle registered up to a maximum of  one  hundred  twenty  thousand  dollars
12    ($120,000) for five (5) or more vehicles.
13        (3)  Any bond given in connection with this chapter shall be, and shall be
14    construed  to be, a continuing instrument and shall cover the period for which
15    the motor vehicle is to be registered and operated. Such bond shall  be  on  a
16    form approved by the director of insurance with a surety company authorized to
17    do business in the state.
18        (4)   In addition to any motor vehicle insurance required by the pro-
19    visions of this chapter, any   A  motor carrier  operat-
20    ing  under  authority  of  a  permit issued by the public utilities commission
21     shall  continuously provide insurance against loss resulting  from
22    liability  imposed by law or by rule of the department and shall  comply
23    with the insurance requirements of section  61-804     49-1233
24    , Idaho Code.
25        (5)  It  is  an  infraction  punishable  by a fine of seventy-five dollars
26    ($75.00) for any person to violate the provisions  of  this  section  for  the
27    first  time.   A  second  and any subsequent conviction for a violation of the
28    provisions of this section within a period of five (5) years shall be a misde-
29    meanor, punishable by a fine not exceeding one thousand dollars  ($1,000),  or
30    by imprisonment in the county jail not exceeding six (6) months, or both.  The
31    department shall notify any person convicted of a violation of this section of
32    the penalties which may be imposed for a second and any subsequent conviction.

33        SECTION  9.  That  Chapter  12,  Title 49, Idaho Code, be, and the same is
34    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
35    known and designated as Section 49-1233, Idaho Code, and to read as follows:

36        49-1233.  MOTOR  CARRIER  FINANCIAL  RESPONSIBILITY -- EXEMPTIONS -- BOARD
37    RULES. (1) Before registering any motor carrier for  transporting  persons  or
38    property,  the  department  shall  require verification from the motor carrier
39    that it has obtained and has in effect liability and  property  damage  insur-
40    ance,  or  has  a  surety  bond written by an insurer licensed to furnish such
41    insurance in this state or by a surety  company  authorized  to  write  surety
42    bonds in this state, or who qualifies as a self-insurer pursuant to the provi-
43    sions of section 49-1224, Idaho Code.
44        (2)  A  motor  carrier, unless exempted under the provisions of subsection
45    (4) of this section, shall file with the department  proof  of  liability  and
46    property  damage  insurance,  surety  bond, or proof of self-insurance in such
47    form as the board shall prescribe. It shall be kept in full force and  effect,
48    and  failure to do so shall be cause for revocation of the registration of the
49    motor carrier.
50        (3)  Insurance carriers shall file a notice with the department  at  least
51    thirty  (30) days before the effective date of any termination of insurance or
52    surety bond or of a reduction in insurance below the amounts set by the board.
53        (4)  Exemptions. The following intrastate  motor  carriers  shall  not  be


                                          13

 1    exempt  from  coverage  in  the  amounts required by the provisions of section
 2    49-117, Idaho Code, but shall be exempt from the motor carrier  liability  and
 3    property damage insurance coverage required herein by rule of the board:
 4        (a)  Motor  vehicles  employed  solely in transporting school children and
 5        teachers to or from school or to and from approved school activities, when
 6        the motor vehicles are either:
 7             (i)   Wholly owned and operated by such school, or
 8             (ii)  Leased or contracted by such school and the  motor  vehicle  is
 9             not used in the furtherance of any other commercial enterprise; or
10        (b)  Taxicabs  or other motor vehicles performing a licensed or franchised
11        taxicab service, having a seating capacity of not more than seven (7) pas-
12        sengers within twenty-five (25) miles of the boundaries of  the  licensing
13        or franchising jurisdiction; or
14        (c)  Motor  vehicles  owned or operated by or on behalf of hotels and used
15        exclusively for the transportation of hotel  patrons  between  hotels  and
16        local railroads or airports or other common carrier stations; or
17        (d)  Motor vehicles controlled and operated by any farmer when used in the
18        transportation  of his farm equipment or in the transportation of supplies
19        to his farm; or
20        (e)  Motor vehicles used exclusively in the distribution of newspapers; or
21        (f)  Transportation of persons or property by motor vehicle at an  airport
22        when  incidental  to transportation by aircraft or other transportation in
23        substitution for scheduled airline service when the carrier cannot provide
24        the scheduled service because of weather and/or mechanical conditions  and
25        the transportation is arranged for and paid by the affected airlines; or
26        (g)  Transportation of persons and/or property, including mobile and modu-
27        lar  houses manufactured with wheels and undercarriage as part of the sub-
28        structure, but not transportation of other houses, buildings or structures
29        within a municipality or territory contiguous to such municipality if such
30        operation outside such municipality be a  part  of  a  service  maintained
31        within  the  limits  of the municipality with the privilege of transfer of
32        passengers to vehicles within the municipality without additional fare; or
33        (h)  The transportation of agricultural products  including  fresh  fruits
34        and vegetables, livestock, livestock feed or manure; or
35        (i)  Motor  propelled  vehicles  for  the  sole purpose of carrying United
36        States mail or property belonging to the United States; or
37        (j)  Motor carriers transporting products of the forest; or
38        (k)  Motor carriers transporting products  of  the  mine  including  sand,
39        gravel and aggregates thereof, except petroleum products; or
40        (l)  Motor carriers transporting household goods as defined by the federal
41        surface transportation board; or
42        (m)  Vehicles  properly  equipped,  designed  and customarily used for the
43        transportation of disabled or abandoned vehicles  by  means  of  a  crane,
44        hoist,  tow  bar,  dolly  or  roll  bed, which vehicle shall be known as a
45        "wrecker (tow truck)."
46        (5)  The board shall promulgate rules to implement the provisions of  this
47    section,  establishing  by rule the amount of liability coverage to be carried
48    for personal injury suffered by one (1) person while being transported in  any
49    vehicle, any additional amounts for all persons receiving personal injury, and
50    such  amount  for damage to the property of any person other than the insured.
51    The board is further authorized to adopt temporary rules as necessary.

52        SECTION 10.  That Section 49-2206, Idaho Code, be, and the same is  hereby
53    amended to read as follows:


                                          14

 1        49-2206.  ENFORCEMENT.  (1)  The  provisions of this chapter and any rules
 2    adopted under it shall be enforced anywhere in  the  state  by  an  authorized
 3    agent  of the director  or by any peace officer, except for conservation offi-
 4    cers of the department of fish and game. Such  authorized  officers
 5    may detain and inspect any sealed or unsealed vehicle, container, or  shipment
 6    which  contains  or which they have reason to believe contains hazardous mate-
 7    rial or wastes while in transit or in maintenance facilities or terminals,  or
 8    on  other public or private property to which the public has access, to ascer-
 9    tain if hazardous materials or wastes are being loaded,  unloaded,  stored  or
10    transported,  and to inspect the contents, take samples thereof, and to other-
11    wise insure compliance with the provisions of this chapter and  of  all  rules
12    adopted  under  chapter 8, title 61   section 67-2901A ,
13    Idaho Code, or chapter 44, title 39, Idaho Code.  If  a  seal  is  opened  for
14    inspection,  the  inspecting  officer  shall  reseal any vehicle, container or
15    shipment prior to further transportation. Property used in  violation  of  the
16    laws may be seized and used as evidence.
17        (2)  For  the  purposes  of  this  chapter and chapter 44, title 39, Idaho
18    Code, the transporter is responsible for  the    clean  up    
19    cleanup    of  any hazardous material/hazardous waste  discharge  in, on
20    and  outside the  vehicle, or any one  (1)  or more of  such  loca-
21    tions,  that  occurs during transportation and must take such action as may be
22    required so that the discharge no longer presents a hazard to  public  health,
23    safety, or the environment.
24        (3)  The  board  is authorized to suspend or revoke any permit or endorse-
25    ment issued pursuant to this chapter if it is  determined  that  any  material
26    provision  of  the  permit  or endorsement has been violated or if the driver,
27    owner, lessee, or custodian of a permitted vehicle has been convicted  of  two
28    (2)  or  more violations within a calendar year of any combination of statutes
29    or rules relative to hazardous materials or hazardous waste. In any action  to
30    suspend  or  revoke,  the  board shall comply with the procedures specified in
31    chapter 52, title 67, Idaho Code. Should the board have  reasonable  cause  to
32    believe that there exists any immediate danger to the public health, safety or
33    environment, it may issue an emergency order suspending any permit or endorse-
34    ment granted under this chapter for a reasonable period not to exceed fourteen
35    (14) days.

36        SECTION  11.  That Section 49-2431, Idaho Code, be, and the same is hereby
37    amended to read as follows:

38        49-2431.  RIDESHARING EXEMPT FROM MOTOR CARRIER LAWS. The  following  laws
39    and  regulations  shall not apply to any ridesharing arrangement using a motor
40    vehicle with a seating capacity  for  not  more  than  fifteen  (15)  persons,
41    including the driver:
42        (1)  Title   61   49 , Idaho Code, pertaining to the
43    regulation of motor carriers of any kind or description ;   by
44    the public utilities commission; 
45        (2)  Laws and regulations containing insurance requirements that are  spe-
46    cifically applicable to motor carriers or commercial vehicles;
47        (3)  Laws imposing a greater standard of care on motor carriers or commer-
48    cial  vehicles  than  that imposed on other drivers or   owners of motor vehi-
49    cles;
50        (4)  Laws and regulations with equipment requirements and special accident
51    reporting requirements that are specifically applicable to motor  carriers  or
52    commercial vehicles; and
53        (5)  Laws  imposing  a  tax  on fuel purchased in another state by a motor


                                          15

 1    carrier or highway use fees on commercial buses.

 2        SECTION 12.  That Sections 61-335 and 61-337, Idaho Code, be, and the same
 3    are hereby repealed.

 4        SECTION 13.  That Chapter 8, Title 61, Idaho Code, be,  and  the  same  is
 5    hereby repealed.

 6        SECTION  14.  That Section 61-1001, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 8        61-1001.  ANNUAL FEES PAYABLE TO COMMISSION BY PUBLIC UTILITIES   AND
 9    MOTOR CARRIERS  -- PURPOSE. Each public utility and each railroad corpo-
10    ration, subject to the jurisdiction of the commission, and subject to the pro-
11    visions of this act, shall pay to the commission in each year, a special regu-
12    latory  fee  in  such  amount as the commission shall find and determine to be
13    necessary, together with the amount of all other fees paid or payable  to  the
14    commission by each such public utility and railroad corporation in the current
15    calendar  year,   together with the fees collected by the commission from
16    motor carriers under chapter 8, title 61, Idaho Code,    to  defray  the
17    amount  to be expended by the commission for expenses in supervising and regu-
18    lating  the public  utilities ,   and  railroad corpora-
19    tions  and motor carriers  subject to its jurisdiction, except  for
20    salaries and related payroll expenses for the commissioners.

21        SECTION  15.  That Section 61-1002, Idaho Code, be, and the same is hereby
22    amended to read as follows:

23        61-1002.  EXPENDITURE -- DETERMINATION -- APPORTIONMENT --  APPROPRIATION.
24    At  each  regular session, the legislature shall determine the amount of money
25    to be expended by the commission during the next ensuing fiscal  biennium
26      year and shall appropriate a sufficient amount from the  general  fund
27    for  the payment of administrative personnel costs. The remaining amount to be
28    appropriated shall be  defrayed  out  of  fees  to  be  paid  by  such  public
29    utilities ,   and  railroad corporations  and motor
30    carriers   out of the "Public Utilities Commission Fund," as hereinafter
31    provided.

32        SECTION 16.  That Section 61-1008, Idaho Code, be, and the same is  hereby
33    amended to read as follows:

34        61-1008.  PUBLIC UTILITIES COMMISSION FUND -- CREATION -- APPROPRIATION --
35    DISPOSITION  OF  SURPLUS.  The  state  treasurer shall be custodian of a fund,
36    which is hereby created, to be  known  as  the  "Public  Utilities  Commission
37    Fund,"  into  which shall be paid and deposited all funds accruing or received
38    under any and all provisions of this  act     chapter  ,
39    and  all  fees,  licenses,  charges,  assessments,  fines and penalties, 
40    including fees collected from motor carriers under the provisions of title 61,
41    chapter 8, Idaho Code,  now or hereafter payable to, collected or recov-
42    ered by the commission under any other law of this state, and all funds other-
43    wise appropriated or made available to said fund.  All  moneys  from  whatever
44    source accruing to and received into said fund are hereby appropriated, within
45    the limits of funds determined therefor by the legislature, for the payment of
46    the administrative and maintenance expenses of the commission, including sala-
47    ries  and  wages  of the commissioners and employees, travel, supplies, equip-


                                          16

 1    ment, fixed charges, refunds of fees and all other necessary expenses  of  the
 2    commission,  not  otherwise  provided  for;  moneys  shall be paid out of said
 3    "Public Utilities Commission Fund" by the  state  treasurer  only  upon  claim
 4    vouchers  prepared  and approved by the commission, certified by the president
 5    of the commission to the state controller who, after audit  as  provided    by
 6    law,  shall  draw  his warrant against said "Public Utilities Commission Fund"
 7    for all such claims. Any moneys collected under this   act    
 8    chapter  remaining in said "Public Utilities Commission Fund" at the end
 9    of  any fiscal year, shall be retained in said fund for the use of the commis-
10    sion for the purposes specified in this  act   chapter  
11    and  shall  be  credited  ratably by the commission to the respective railroad
12    corporations, other public utilities subject to the provisions of  this  
13    act     chapter  according to the respective portions of such
14    fees determined hereunder to be assessable against each such railroad corpora-
15    tion and other public utility, respectively, for the ensuing fiscal year,  and
16    the respective fee assessed against each of them, respectively, for such ensu-
17    ing  fiscal  year shall be correspondingly reduced; provided that, only moneys
18    paid under the provisions of this  act     chapter    by
19    railroad corporations and other public utilities shall be considered in deter-
20    mining the surplus to be so credited  by the commission.

21        SECTION  17.  That Section 61-1009, Idaho Code, be, and the same is hereby
22    amended to read as follows:

23        61-1009.  LEGISLATIVE INTENT. The legislature  hereby  declares  that  the
24    purpose and intent of this  act   chapter  is to provide
25    that  expenses  for personnel costs for administration of the commission shall
26    be appropriated from the general fund and that the remaining expenses for  the
27    supervision  and  regulation  of railroad corporations ,   and
28     other public utilities  and motor carriers  shall be  appro-
29    priated  from  fees imposed upon public utilities , motor carriers 
30    and railroad corporations so supervised and regulated.

31        SECTION 18.  That Section 61-1118, Idaho Code, be, and the same is  hereby
32    amended to read as follows:

33        61-1118.  ADMINISTRATIVE FEES. The commission shall charge and collect the
34    following fees and none other, in the administration of this act:
35    Applications   for  a  certificate  shall be  accompanied  by  an  application
36      fee of ..............................................................$150.00
37    Application for transfer of a certificate ............................. 150.00
38    Application for the assignment of a certificate ....................... 150.00
39    Application for the issuance of a duplicate certificate ...............  25.00
40    Application for certificate reinstatement ............................. 150.00
41    Application for certificate suspension ................................  50.00
42    Annual registration of certificate authority .......................... 100.00
43    Application for a temporary certificate ............................... 150.00
44        The  fees  as provided above shall be  disposed of in accordance with
45    the provisions of section 61-813, Idaho Code   paid  to  the  state
46    treasurer  and  shall  be  credited  to  the  public utilities commission fund
47    .

48        SECTION 19.  That Chapter 29, Title 67, Idaho Code, be, and  the  same  is
49    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
50    known and designated as Section 67-2901A, Idaho Code, and to read as follows:


                                          17

 1        67-2901A.  AUTHORITY TO CONDUCT SAFETY INSPECTIONS AND COMPLIANCE  REVIEWS
 2    OF  MOTOR  CARRIERS  -- ADOPTION OF RULES -- PENALTY. (1)  The director of the
 3    department of law enforcement shall  have  responsibility  for  ensuring  that
 4    safety  inspections and compliance reviews are conducted and that motor carri-
 5    ers are inspected for compliance with federal motor carrier safety and hazard-
 6    ous materials regulations and for compliance with applicable  Idaho  laws  and
 7    such rules as are adopted pursuant to this section.
 8        (2)  The  director  shall have the authority and is directed to promulgate
 9    rules to provide for the safe operation of motor carriers and for the  inspec-
10    tion  of  records,  books,  papers and documents relating to safety management
11    systems or programs and compliance with the federal safety  fitness  standard.
12    The director is further authorized to adopt temporary rules as necessary.
13        (3)  Any  person who violates or fails to comply with any rule promulgated
14    by the director under the provisions of this section is  guilty  of  a  misde-
15    meanor.

16        SECTION  20.  That  Chapter  29, Title 67, Idaho Code, be, and the same is
17    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
18    known and designated as Section 67-2901B, Idaho Code, and to read as follows:

19        67-2901B.  INSPECTION  OF MOTOR CARRIERS -- EXEMPTIONS -- CERTIFICATION OF
20    REPAIR -- COMPLIANCE REVIEW -- PENALTIES. (1) All motor carriers, except those
21    exempted under the provisions of subsection (2) of this section,  are  subject
22    to  compliance  review  and  inspection by authorized department employees for
23    compliance with federal motor carrier safety and hazardous  materials  regula-
24    tions  and  for compliance with applicable Idaho laws and rules promulgated by
25    the director pursuant to the provisions of section  67-2901A,  Idaho  Code.  A
26    motor  carrier  shall submit any vehicle to a safety inspection when requested
27    to do so by an authorized department employee. Such inspections shall  comply,
28    to the extent possible, with national and industry standards for truck inspec-
29    tions and truck safety as adopted by the commercial vehicle safety alliance. A
30    written inspection report shall be provided to the owner, operator or agent of
31    the vehicle following any inspection review pursuant to this section.
32        (2)  The  following  intrastate motor carriers shall be exempt from safety
33    inspections and compliance reviews:
34        (a)  Motor vehicles employed solely in transporting  school  children  and
35        teachers to or from school or to and from approved school activities, when
36        the motor vehicles are either:
37             (i)  Wholly owned and operated by such school, or
38             (ii) Leased or contracted by such school and the motor vehicle is not
39             used in the furtherance of any other commercial enterprise; or
40        (b)  Taxicabs  or other motor vehicles performing a licensed or franchised
41        taxicab service, having a seating capacity of not more than seven (7) pas-
42        sengers within twenty-five (25) miles of the boundaries of  the  licensing
43        or franchising jurisdiction; or
44        (c)  Motor  vehicles  owned or operated by or on behalf of hotels and used
45        exclusively for the transportation of hotel  patrons  between  hotels  and
46        local railroads or airports or other common carrier stations; or
47        (d)  Motor vehicles controlled and operated by any farmer when used in the
48        transportation  of his farm equipment or in the transportation of supplies
49        to his farm; or
50        (e)  Motor vehicles used exclusively in the distribution of newspapers; or
51        (f)  Transportation of persons or property by motor vehicle at an  airport
52        when  incidental  to transportation by aircraft or other transportation in
53        substitution for scheduled airline service when the carrier cannot provide


                                          18

 1        the scheduled service because of weather and/or mechanical conditions  and
 2        the transportation is arranged for and paid by the affected airlines; or
 3        (g)  Transportation of persons and/or property, including mobile and modu-
 4        lar  houses manufactured with wheels and undercarriage as part of the sub-
 5        structure, but not transportation of other houses, buildings or structures
 6        within a municipality or territory contiguous to such municipality if such
 7        operation outside such municipality be a  part  of  a  service  maintained
 8        within  the  limits of the municipality with the privilege  of transfer of
 9        passengers to vehicles within the municipality without additional fare; or
10        (h)  The transportation of agricultural products  including  fresh  fruits
11        and vegetables, livestock, livestock feed or manure; or
12        (i)  Motor  propelled  vehicles  for  the  sole purpose of carrying United
13        States mail or property belonging to the United States; or
14        (j)  Motor carriers transporting products of the forest; or
15        (k)  Motor carriers transporting products  of  the  mine  including  sand,
16        gravel and aggregates thereof, except petroleum products; or
17        (l)  Motor carriers transporting household goods as defined by the federal
18        surface transportation board; or
19        (m)  Vehicles  properly  equipped,  designed  and customarily used for the
20        transportation of disabled or abandoned vehicles  by  means  of  a  crane,
21        hoist,  tow  bar,  dolly  or  roll  bed, which vehicle shall be known as a
22        "wrecker (tow truck)."
23        (3)  A motor carrier which has received a written inspection  report  pre-
24    pared  pursuant  to subsection (1) of this section indicating that his vehicle
25    does not comply with applicable federal laws or regulations or Idaho  laws  or
26    rules, shall certify in writing to the director or his designee within fifteen
27    (15)  days  of  his  receipt  of the inspection report that he has brought his
28    vehicle into compliance with said  laws, regulations or rules. The director or
29    his designee may assess an administrative penalty to any person who  does  not
30    comply  with the certification provisions of this section or who makes a false
31    certification. The penalty shall not exceed one  hundred  dollars  ($100)  for
32    failure  to  comply with an inspection report or for making a false certifica-
33    tion. If an assessment is contested, the director shall comply with the provi-
34    sions governing contested cases under the administrative procedure act,  chap-
35    ter 52, title 67, Idaho Code.
36        (4)  Any  motor  carrier subject to rules promulgated under the provisions
37    of section 67-2901A, Idaho Code, shall submit  to  a  compliance  review  upon
38    request  of  the  director  or any officer designated by him, by providing for
39    inspection or copying at any reasonable time, the records, books,  papers  and
40    documents  relating  to the safety management systems or program of such motor
41    carrier.
42        (5)  Any penalties collected pursuant to subsection (3)  of  this  section
43    shall be deposited to the state highway account.

44        SECTION  21.  That Section 67-2905, Idaho Code, be, and the same is hereby
45    amended to read as follows:

46        67-2905.  POWERS AND DUTIES OF THE IDAHO  STATE  POLICE.  Members  of  the
47    Idaho state police shall have the power and it shall be their duty to:
48        a.  enforce all of the penal and regulatory laws of the state;
49        b.  prevent and detect crime and apprehend criminals and maintain order;
50        c.  require  all  persons  using  the highways in the state to do so care-
51    fully, safely, and with the exercise of care for  the  persons,  property  and
52    safety of others;
53        d.  safeguard  and  protect the surface and other physical portions of the


                                          19

 1    state highways and enforce any laws for highway safety;
 2        e.   enforce federal statutes and regulations relating to motor  car-
 3    rier safety and hazardous materials for interstate carriers;
 4     
 5          f.  enforce  Idaho  statutes  and  rules  of  the department of law
 6    enforcement applicable to motor carriers;
 7     
 8         g.   enforce all of the laws of  the  state  enacted  for  the
 9    identification, inspection and transportation of livestock and all laws of the
10    state designed to prevent the theft of livestock;
11          f  h .  regulate traffic on all highways and roads
12    in the state;
13         g  i .  perform all of the duties and exercise  all
14    of  the  powers  of peace officers vested in the director of the department of
15    law enforcement;
16         h  j .  execute and serve any warrant of arrest  or
17    search warrant issued by proper authority of the state, according to the tenor
18    thereof, in any part of the state;
19          i  k .  arrest without warrant, any person commit-
20    ting or attempting to commit in their presence or view a breach of  the  peace
21    or any other violation of any of the laws of the state;
22          j  l .  members of the Idaho state police shall be
23    subject to the call of the governor and are empowered to  cooperate  with  any
24    other  department or authority of the state, with counties and municipalities,
25    or any locality in detecting crime, apprehending criminals and preserving  law
26    and  order  throughout the state; but the Idaho state police shall not be used
27    as a posse in any municipality, except when ordered by the governor to do  so;
28    provided nothing herein contained shall be construed to vest direction or con-
29    trol  over  any  sheriff,  policeman,  marshal or constable in the Idaho state
30    police or any employer or officer thereof;
31         k  m .  each member of the Idaho state police shall
32    take and subscribe to an oath of office to support the constitution  and  laws
33    of  the  United  States and the state of Idaho, and to honestly and faithfully
34    perform the duties imposed upon him under the provisions of the laws of  Idaho
35    as a member of the Idaho state police. The oath of the superintendent shall be
36    filed with the secretary of state, and the oaths of all other members with the
37    superintendent.

38        SECTION  22.  That Section 67-2917, Idaho Code, be, and the same is hereby
39    amended to read as follows:

40        67-2917.  HAZARDOUS WASTE. Wherever hazardous waste, as defined in section
41    39-4403, Idaho Code, is being transported within the state, within  the  state
42    to without the state, or from without the state to within the state, the oper-
43    ator  or owner of the motor vehicle or trailer, as defined in chapter 1, title
44    49, Idaho Code, transporting hazardous waste is hereby  required  to  stop  at
45    such  ports of entry or checking stations and submit to inspection or weighing
46    for compliance with the laws of the state of Idaho. Additionally,  such  owner
47    or  operator  of  the motor vehicle or trailer transporting hazardous waste is
48    hereby required and directed to allow employees of the  department  of  health
49    and  welfare,    the  public utilities commission   authorized
50    Idaho transportation department employees  or the state  police  or  any
51    peace  officer on duty to inspect and review all manifests and bills of lading
52    to ensure that such hazardous waste is being shipped in a  manner  which  will
53    not  endanger  the  health,  welfare or safety of the citizens of the state of


                                          20

 1    Idaho and is being shipped in compliance with the laws of the state  of  Idaho
 2    and any rules promulgated pursuant thereto.

Amendment


AH0335


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                       Moved by     Ingram               

                                       Seconded by  Frasure              


                                      IN THE SENATE
                            SENATE AMENDMENTS TO H.B. NO. 335

 1                                AMENDMENT TO SECTION 1
 2        On page 2 of the printed bill, in line 33,  delete "  49-234  "
 3    and insert:  " 67-2901A ".

 4                                AMENDMENT TO SECTION 3
 5        On  page 4, in line 7, following " department ", insert: "
 6    and the department of law enforcement ".

 7                                AMENDMENT TO SECTION 4
 8        On page 5, in line 31, following "  transportation  ",  insert:
 9    " by motor vehicle ".

10                                AMENDMENT TO SECTION 6
11        On  page  7, in line 38, following " account. ", insert: "
12    The director and the director of  the  department  of  law  enforcement  shall
13    jointly  determine the amount to be transferred from the state highway account
14    to the law enforcement account for motor carrier safety programs conducted  by
15    the  department  of  law  enforcement  pursuant  to the provisions of  section
16    67-2901A, Idaho Code. ".

17                               AMENDMENT TO SECTION 13
18        On page 15, in line 42, delete " 49-234 "  and  insert:  "
19    67-2901A ".

20                               AMENDMENT TO SECTION 22
21        On page 18, in line 30, delete " Idaho transportation "; and in
22    line  31,  following  "  ment  ", insert: " of law enforcement
23    ".

24                                  AMENDMENTS TO BILL
25        On page 10, delete lines 29 through 50; delete page 11; on page 12, delete
26    lines 1 through 25, and also on page 12, in line 26, delete "SECTION  10"  and
27    insert:  "SECTION  7"; on page 13, in line 21, delete "SECTION 11" and insert:
28    "SECTION 8"; on page 14, in line 10, delete "SECTION 12" and insert:  "SECTION
29    9";  on  page 15, in line 29, delete "SECTION 13" and insert: "SECTION 10"; on
30    page 16, in line 11, delete "SECTION 14" and insert: "SECTION 11"; in line 29,
31    delete "SECTION 15" and insert: "SECTION 12", in line 31, delete "SECTION  16"
32    and insert: "SECTION 13", in line 33, delete "SECTION 17" and insert: "SECTION
33    14", and in line 47, delete "SECTION 18" and insert: "SECTION 15"; on page 17,
34    in  line  9,  delete  "SECTION  19"  and insert: "SECTION 16", and in line 43,
35    delete "SECTION 20" and insert: "SECTION 17"; on page 18, in  line  1,  delete
36    "SECTION 21" and insert: "SECTION 18", and also on page 18, following line 16,
37    insert:
38        "SECTION  19.  That  Chapter 29, Title 67, Idaho Code, be, and the same is


                                         2

 1    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
 2    known and designated as Section 67-2901A, Idaho Code, and to read as follows:

 3        67-2901A.  AUTHORITY  TO CONDUCT SAFETY INSPECTIONS AND COMPLIANCE REVIEWS
 4    OF MOTOR CARRIERS -- ADOPTION OF RULES. (1)  The director of the department of
 5    law enforcement shall have responsibility for ensuring that safety inspections
 6    and compliance reviews are conducted and that motor carriers are inspected for
 7    compliance with federal motor carrier safety and hazardous  materials  regula-
 8    tions  and  for  compliance  with  applicable Idaho laws and such rules as are
 9    adopted pursuant to this section.
10        (2)  The director shall have the authority and is directed  to  promulgate
11    rules  to provide for the safe operation of motor carriers and for the inspec-
12    tion of records, books,  papers and documents relating  to  safety  management
13    systems  or  programs and compliance with the federal safety fitness standard.
14    The director is further authorized to adopt temporary rules as necessary.

15        SECTION 20.  That Chapter 29, Title 67, Idaho Code, be, and  the  same  is
16    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
17    known and designated as Section 67-2901B, Idaho Code, and to read as follows:

18        67-2901B.  INSPECTION OF MOTOR CARRIERS -- EXEMPTIONS -- CERTIFICATION  OF
19    REPAIR -- COMPLIANCE REVIEW -- PENALTIES. (1) All motor carriers, except those
20    exempted  under  the provisions of subsection (2) of this section, are subject
21    to compliance review and inspection by  authorized  department  employees  for
22    compliance  with  federal motor carrier safety and hazardous materials regula-
23    tions and for compliance with applicable Idaho laws and rules  promulgated  by
24    the  director  pursuant  to  the provisions of section 67-2901A, Idaho Code. A
25    motor carrier shall submit any vehicle to a safety inspection  when  requested
26    to  do so by an authorized department employee. Such inspections shall comply,
27    to the extent possible, with national and industry standards for truck inspec-
28    tions and truck safety as adopted by the commercial vehicle safety alliance. A
29    written inspection report shall be provided to the owner, operator or agent of
30    the vehicle following any inspection review pursuant to this section.
31        (2)  The following intrastate motor carriers shall be exempt  from  safety
32    inspections and compliance reviews:
33        (a)  Motor  vehicles  employed  solely in transporting school children and
34        teachers to or from school or to and from approved school activities, when
35        the motor vehicles are either:
36             (i)  Wholly owned and operated by such school, or
37             (ii) Leased or contracted by such school and the motor vehicle is not
38             used in the furtherance of any other commercial enterprise; or
39        (b)  Taxicabs or other motor vehicles performing a licensed or  franchised
40        taxicab service, having a seating capacity of not more than seven (7) pas-
41        sengers  within  twenty-five (25) miles of the boundaries of the licensing
42        or franchising jurisdiction; or
43        (c)  Motor vehicles owned or operated by or on behalf of hotels  and  used
44        exclusively  for  the  transportation  of hotel patrons between hotels and
45        local railroads or airports or other common carrier stations; or
46        (d)  Motor vehicles controlled and operated by any farmer when used in the
47        transportation of his farm equipment or in the transportation of  supplies
48        to his farm; or
49        (e)  Motor vehicles used exclusively in the distribution of newspapers; or
50        (f)  Transportation  of persons or property by motor vehicle at an airport
51        when incidental to transportation by aircraft or other  transportation  in
52        substitution for scheduled airline service when the carrier cannot provide


                                         3

 1        the  scheduled service because of weather and/or mechanical conditions and
 2        the transportation is arranged for and paid by the affected airlines; or
 3        (g)  Transportation of persons and/or property, including mobile and modu-
 4        lar houses manufactured with wheels and undercarriage as part of the  sub-
 5        structure, but not transportation of other houses, buildings or structures
 6        within a municipality or territory contiguous to such municipality if such
 7        operation  outside  such  municipality  be  a part of a service maintained
 8        within the limits of the municipality with the privilege  of  transfer  of
 9        passengers to vehicles within the municipality without additional fare; or
10        (h)  The  transportation  of  agricultural products including fresh fruits
11        and vegetables, livestock, livestock feed or manure; or
12        (i)  Motor propelled vehicles for the  sole  purpose  of  carrying  United
13        States mail or property belonging to the United States; or
14        (j)  Motor carriers transporting products of the forest; or
15        (k)  Motor  carriers  transporting  products  of  the mine including sand,
16        gravel and aggregates thereof, except petroleum products; or
17        (l)  Motor carriers transporting household goods as defined by the federal
18        surface transportation board; or
19        (m)  Vehicles properly equipped, designed and  customarily  used  for  the
20        transportation  of  disabled  or  abandoned  vehicles by means of a crane,
21        hoist, tow bar, dolly or roll bed, which  vehicle  shall  be  known  as  a
22        "wrecker (tow truck)."
23        (3)  A  motor  carrier which has received a written inspection report pre-
24    pared pursuant to subsection (1) of this section indicating that  his  vehicle
25    does  not  comply with applicable federal laws or regulations or Idaho laws or
26    rules, shall certify in writing to the director or his designee within fifteen
27    (15) days of his receipt of the inspection report  that  he  has  brought  his
28    vehicle into compliance with said  laws, regulations or rules. The director or
29    his  designee  may assess an administrative penalty to any person who does not
30    comply with the certification provisions of this section or who makes a  false
31    certification.  The  penalty  shall  not exceed one hundred dollars ($100) for
32    failure to comply with an inspection report or for making a  false  certifica-
33    tion. If an assessment is contested, the director shall comply with the provi-
34    sions  governing contested cases under the administrative procedure act, chap-
35    ter 52, title 67, Idaho Code.
36        (4)  Any motor carrier subject to rules promulgated under  the  provisions
37    of  section  67-2901A,  Idaho  Code,  shall submit to a compliance review upon
38    request of the director or any officer designated by  him,  by  providing  for
39    inspection  or  copying at any reasonable time, the records, books, papers and
40    documents relating to the safety management systems or program of  such  motor
41    carrier.
42        (5)  Any  penalties  collected  pursuant to subsection (3) of this section
43    shall be retained by the director to be used for motor carrier safety enforce-
44    ment.";
45    and also on page 18, in line 17, delete "SECTION 22" and insert: "SECTION 21";
46    and on page 19, in line 7, delete "SECTION 23" and insert: "SECTION 22".

47                                 CORRECTIONS TO TITLE
48        On page 1, in line 18, following "CORRECTIONS;" delete  the  remainder  of
49    the  line;  delete lines 19 through 24, and in line 25, delete "PROVIDE EXEMP-
50    TIONS;"; on page 2, in line 2, following "COMMISSION;" insert: "AMENDING CHAP-
51    TER 29, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-2901A, IDAHO
52    CODE, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF LAW ENFORCEMENT  TO  CON-
53    DUCT  SAFETY  INSPECTIONS AND COMPLIANCE REVIEWS OF MOTOR CARRIERS AND TO PRO-
54    VIDE RULEMAKING AUTHORITY; AMENDING CHAPTER 29, TITLE 67, IDAHO CODE,  BY  THE


                                         4

 1    ADDITION  OF  A NEW SECTION 67-2901B, IDAHO CODE, TO PROVIDE FOR INSPECTION OF
 2    MOTOR CARRIERS AND TO PROVIDE EXEMPTIONS;".
                                       Moved by     Ingram               

                                       Seconded by  Frasure              


                                      IN THE SENATE
                SENATE AMENDMENT TO THE SENATE AMENDMENTS TO H.B. NO. 335

 3                       AMENDMENTS TO THE AMENDMENTS TO THE BILL
 4        On page 2 of the printed amendment, in line 2, following  "RULES"  insert:
 5    "-- PENALTY"; and also on page 2, following line 12, insert:
 6        "(3)  Any person who violates or fails to comply with any rule promulgated
 7    by  the  director  under  the provisions of this section is guilty of a misde-
 8    meanor.";
 9    On page 3, in line 40, following "be" delete the remainder  of  the  line;  in
10    line 41, delete "ment" and insert: "deposited to the state highway account".

11                         CORRECTIONS TO CORRECTIONS TO TITLE
12        On page 3, in line 50, following "MOTOR CARRIERS" delete "AND" and insert:
13    ","; and in line 51 following "AUTHORITY" insert: "AND TO PROVIDE A PENALTY".

Statement of Purpose / Fiscal Impact


REVISED      REVISED      REVISED     REVISED      REVISED

                       STATEMENT OF PURPOSE

                              HB 335

This legislation removes the Idaho Public Utilities Commission
(IPUC) from regulation of the motor carrier (trucking) industry
and places the administration of insurance verification with the
Idaho Transportation Department (ITD). Safety inspection
functions will be moved from the IPUC to the Idaho Department of
Law Enforcement (DLE). The transportation department will
integrate the insurance program into the one-stop shop for the
motor carrier industry.

                            FISCAL NOTE

There is no impact on the General Fund. This legislation
eliminates the revenue received by the IPUC from motor carriers
and transfers that revenue source to the ITD. The filing fees of
$7 for intrastate private carriers and $21 for common carriers
will be replaced with an annual $2 insurance certification at the
time of registration or renewal. Interstate trucking insurance
fees will rise from $1 to $2 per truck. Overall revenues are
projected to be approximately $650,000 per year, about the same
in total as under current law.

It is intended that JFAC implement these changes by decreasing 6
positions in IPUC's budget. It is also intended that JFAC
increase 4 positions in ITD's budget and 4 positions in DLE's
budget. IPUC will transfer vehicles and equipment to ITD. To
mitigate the shortfall in IPUC funding during fiscal year 2000,
ITD will transfer $300,000 to the IPUC for the one year only.


CONTACT: Senator Cecil Ingram
        334-2000
        
STATEMENT OF PURPOSE/FISCAL NOTE         Bill No. H 335