2001 Legislation
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HOUSE BILL NO. 266 – Motor carriers/compliance reviews

HOUSE BILL NO. 266

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                      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