2001 Legislation
Print Friendly

HOUSE BILL NO. 48 – Motor carriers, compliance review

HOUSE BILL NO. 48

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0048........................................................by MR. SPEAKER
                     Requested by: Idaho State Police
MOTOR CARRIERS - COMPLIANCE REVIEW - Amends existing law to provide for
civil penalties for violations of motor carrier compliance reviews; to
provide for the recovery of civil penalties by the state of Idaho; and to
provide for the determination of civil penalty amounts.
                                                                        
01/08    House intro - 1st rdg - to printing
    Rpt prt - to Transp

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 48
                                                                        
                                       BY MR. SPEAKER
                              Requested by: Idaho State Police
                                                                        
  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) per violation for each day that the violation persists, pro-
 30    vided however, that the maximum civil penalty for any related series of viola-
 31    tions shall not exceed two hundred thousand dollars ($200,000).
 32        (5)  Actions to recover penalties under this section shall be  brought  in
 33    the name of the state of Idaho, in the district court in and for the county in
 34    which  the  cause  of  action or some part of the cause of action arose, or in
 35    which the corporation complained of, if any, has its principal place of  busi-
 36    ness, or in which the person complained of, if any, resides. Such action shall
 37    be  commenced  and  prosecuted to final judgment by the attorney for the Idaho
 38    state police. The procedure and rules of evidence shall  be  the  same  as  in
 39    ordinary  civil actions except as otherwise herein provided, and all penalties
 40    incurred up to the time of commencing such action may be sued for  and  recov-
 41    ered.  All fines and penalties recovered by the state, together with the costs
 42    of the action, shall be paid into the state treasury to the credit of the gen-
 43    eral fund. Any such action may be compromised or discontinued  on  application
                                                                        
                                           2
                                                                        
  1    of  the  Idaho  state  police  upon  such terms as the court shall approve and
  2    order.
  3        (6)  Any civil penalty may be compromised by the Idaho  state  police.  In
  4    determining  the  amount  of the penalty, or the amount agreed upon in compro-
  5    mise, the appropriateness of the penalty to the size of the  business  of  the
  6    person charged, the gravity of the violation, and the good faith of the person
  7    charged  in attempting to achieve compliance after notification of a violation
  8    shall be considered. The amount of the penalty, when  finally  determined,  or
  9    the  amount  agreed upon in compromise, may be deducted from any sums owing by
 10    the state to the person charged or may be recovered in a civil action  in  the
 11    state courts.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 10548
                                
 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 NOTE
                                   
 The cost of extra meetings with carriers and provision of due
process will have a small and as-yet undetermined fiscal impact.  
It is anticipated that the use of civil penalty authority will 
be fairly infrequent initially, providing time to accurately 
assess fiscal impact and the ability to absorb any increase in 
operating expenses.
    
     
    
    
    
    
    
CONTACT:
Name:   Ann Thompson, Policy, Planning and Budget Manager
Agency: Idaho State Police
Phone: (208) 884-7000
    
Statement of Purpose/Fiscal Note      H 48