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H0266.........................................by TRANSPORTATION AND DEFENSE
MOTOR CARRIERS - Amends existing law relating to compliance reviews of
motor carriers to provide for civil penalties; to provide for the recovery
of civil penalties by the state of Idaho; and to provide for the
determination of civil penalty amounts by the Idaho State Police.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 266
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO COMPLIANCE REVIEWS OF MOTOR CARRIERS; AMENDING SECTION 67-2901A,
3 IDAHO CODE, TO PROVIDE FOR CIVIL PENALTIES, TO PROVIDE FOR THE RECOVERY OF
4 CIVIL PENALTIES BY THE STATE OF IDAHO AND TO PROVIDE FOR THE DETERMINATION
5 OF CIVIL PENALTY AMOUNTS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 67-2901A, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-2901A. AUTHORITY TO CONDUCT SAFETY INSPECTIONS AND COMPLIANCE REVIEWS
10 OF MOTOR CARRIERS -- ADOPTION OF RULES -- PENALTY. (1) The director of the
11 Idaho state police shall have responsibility for ensuring that safety inspec-
12 tions and compliance reviews are conducted and that motor carriers are
13 inspected for compliance with federal motor carrier safety and hazardous mate-
14 rials regulations and for compliance with applicable Idaho laws and such rules
15 as are adopted pursuant to this section.
16 (2) The director shall have the authority and is directed to promulgate
17 rules to provide for the safe operation of motor carriers and for the inspec-
18 tion of records, books, papers and documents relating to safety management
19 systems or programs and compliance with the federal safety fitness standard.
20 The director is further authorized to adopt temporary rules as necessary.
21 (3) Any person who violates or fails to comply with any rule promulgated
22 by the director under the provisions of this section is guilty of a misde-
23 meanor.
24 (4) Any person who violates or fails to comply with, or who procures,
25 aids or abets any violation of the provisions of this section governing com-
26 pliance reviews of motor carriers, or of any order, decision or rule duly
27 issued by the Idaho state police governing compliance reviews of motor carri-
28 ers, shall also be subject to a civil penalty of not more than two thousand
29 dollars ($2,000) for each violation for each day that the violation persists;
30 provided however, the maximum civil penalty shall not exceed two hundred thou-
31 sand dollars ($200,000) for any related series of violations. The civil pen-
32 alty shall be determined and assessed pursuant to rules promulgated by the
33 Idaho state police.
34 (5) Actions to recover penalties under this section shall be brought in
35 the name of the state of Idaho, in the district court in and for the county in
36 which the cause of action or some part thereof arose, or in which the corpora-
37 tion complained of, if any, has its principal place of business, or in which
38 the person, if any, complained of, resides. Such action shall be commenced and
39 prosecuted to final judgment by the attorney for the Idaho state police. In
40 any such action, all penalties incurred up to the time of commencing the same
41 may be included for recovery in the civil action. In all such actions, the
42 procedure and rules of evidence shall be the same as in ordinary civil
43 actions, except as otherwise herein provided. All fines and penalties recov-
2
1 ered by the state in any such action, together with the costs thereof, shall
2 be paid into the state treasury to the credit of the general fund. Any such
3 action may be compromised or discontinued on application of the Idaho state
4 police upon such terms as the court shall approve and order.
5 (6) Any civil penalty may be compromised by the Idaho state police. In
6 determining the amount and appropriateness of the penalty, or the amount
7 agreed upon in compromise, the Idaho state police shall take into consider-
8 ation the size of the business of the person or entity charged, the gravity of
9 the violation, the good faith of the person charged in attempting to achieve
10 compliance after notification of a violation, the number of violations and
11 other extenuating circumstances. The amount of the penalty, when finally
12 determined, or the amount agreed upon in compromise, may be deducted from any
13 sums owing by the state to the person charged or may be recovered in a civil
14 action in the state courts.
STATEMENT OF PURPOSE
RS 11139
This proposal amends Idaho Code Section 67-2901A to provide the
Idaho State Police civil penalty authority as an enforcement tool
following safety compliance reviews of commercial vehicles.
With the passage in 1999 of H335, the intent was to transfer motor
carrier safety responsibilities from the Idaho Public Utilities
Commission (PUC) to the Idaho State Police with all elements and
authorities remaining essentially the same. One element, however,
was not included. The PUC had civil penalty authority which is an
important enforcement tool for compliance reviews of motor
carriers. The nature and number of violations of the safety
regulations detected during a safety compliance review is not best
addressed by the issuance of misdemeanor citations. The civil
penalty authority will enhance the ISP's ability to effectively
address motor carrier safety regulation violations.
FISCAL IMPACT
The cost of extra meetings with carriers and provision of due
process will have a small and as-yet undetermined fiscal impact.
Based on history of ISP cases provided to the federal agency, it is
estimated the civil penalty authority will generate a positive
impact to the general fund of approximately $25,000.
Contact
Name: Saundra K. DeKlotz, Assistant Director, Idaho State Police
Phone: (208) 884-7003
STATEMENT OF PURPOSE/FISCAL NOTE H 26