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H0493.........................................by TRANSPORTATION AND DEFENSE
TRANSPORTATION DEPARTMENT - EMPLOYEES - Amends existing law to give limited
peace officer authority to certain Idaho Transportation Department
employees for the enforcement of motor carrier law and rules adopted by the
Department of Law Enforcement.
02/03 House intro - 1st rdg - to printing
02/04 Rpt prt - to Transp
02/11 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 60-0-10
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29),
Henbest, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Linford, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Black, Ellsworth, Field(13), Field(20), Gould,
Hornbeck, Loertscher, McKague, Sellman, Mr Speaker
Floor Sponsor - Wood
Title apvd - to Senate
02/17 Senate intro - 1st rdg - to Transp
03/29 Rpt out - rec d/p - to 2nd rdg
03/30 2nd rdg - to 3rd rdg
04/04 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Walton, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Ingram
Title apvd - to House
04/05 To enrol - rpt enrol - Sp signed - Pres signed
04/06 To Governor
04/14 Governor signed
Session Law Chapter 303
Effective: 04/14/00
H0493
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 493
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO TRANSPORTATION DEPARTMENT; AMENDING SECTION 40-510,
3 IDAHO CODE, TO PROVIDE THAT CERTAIN INDIVIDUALS APPOINTED AND EMPLOYED BY
4 THE IDAHO TRANSPORTATION BOARD SHALL HAVE LIMITED PEACE OFFICER AUTHORITY
5 FOR THE ENFORCEMENT OF MOTOR VEHICLE LAWS RELATED TO MOTOR CARRIERS; AND
6 DECLARING AN EMERGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 40-510, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 40-510. PORTS OF ENTRY OR CHECKING STATIONS ESTABLISHED -- MOTOR VEHICLE
11 INVESTIGATOR ACTIVITIES -- AUTHORITY OF THE BOARD TO EMPLOY INDIVIDUALS. (1)
12 To augment and help make more efficient and effective the enforcement of cer-
13 tain laws of the state of Idaho, the Idaho transportation department is hereby
14 authorized and directed to establish from time to time temporary or permanent
15 ports of entry or checking stations upon any highways in the state of Idaho,
16 at such places as the Idaho transportation department shall deem necessary and
17 advisable.
18 (2) The board is authorized to appoint and employ individuals who shall
19 have limited peace officer authority for the enforcement of such motor vehicle
20 related laws as are herein specified:
21 (a) Sections 18-3906 and 18-8001, Idaho Code;
22 (b) Sections 25-1105 and 25-1182(2), Idaho Code;
23 (c) Sections 40-510 through 40-514, Idaho Code;
24 (d) Chapters 1 through 5, 9, 10, 11, 15 through 19, 22 and 24, title 49,
25 sections 49-619, 49-660, 49-1407, 49-1418 and 49-1427 through 49-1430,
26 Idaho Code; and
27 (e) Sections 63-2438, 63-2440, 63-2441 and 63-2443, Idaho Code; and
28 (f) Section 67-2901A, Idaho Code.
29 (3) Motor vehicle investigators shall have the authority to access confi-
30 dential vehicle identification number information.
31 (4) Any employee so appointed shall have the authority to issue misde-
32 meanor traffic citations in accordance with the provisions of section 49-1409,
33 Idaho Code, and infraction citations in accordance with the provisions of
34 chapter 15, title 49, Idaho Code.
35 (5) No employee of the department shall carry or use a firearm of any
36 type in the performance of his duties unless specifically authorized in writ-
37 ing by the director of the department of law enforcement to do so.
38 (6) The board is authorized to extend the authority as provided in this
39 section to authorized employees of contiguous states upon approval of a bilat-
40 eral agreement according to the provisions of section 40-317, Idaho Code.
41 SECTION 2. An emergency existing therefor, which emergency is hereby
42 declared to exist, this act shall be in full force and effect on and after its
2
1 passage and approval.
STATEMENT OF PURPOSE
RS09669
To provide limited state law enforcement authority to certain individuals appointed and
employed by the Department of Transportation, inadvertently eliminated in legislation
H.B.335aaS,aaS in the 1999 session.
FISCAL NOTE
Normal budget of Department of Transportation for assigned authorized personnel.
CONTACT: Representative JoAn Wood
208/332-1212
STATEMENT OF PURPOSE/ FISCAL NOTE H 493