2003 Legislation
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HOUSE BILL NO. 230 – MV, gravel or rock load, covered

HOUSE BILL NO. 230

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Daily Data Tracking History



H0230............................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - Adds to existing law to provide that no person shall operate
on any public highway open for public use any vehicle with a load of gravel or
rock unless the load is securely covered to prevent any of the load from
escaping, except that any rock or stone larger than twelve inches in diameter
which is secured by other means need not be covered to be in compliance with
the provisions of this law.
                                                                        
02/11    House intro - 1st rdg - to printing
02/12    Rpt prt - to Transp
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/24    3rd rdg - FAILED - 23-45-2
      AYES -- Bauer, Bieter, Black, Boe, Cannon, Douglas, Ellsworth,
      Field(18), Field(23), Henbest, Kellogg, Langford, Langhorst, Martinez,
      Ridinger, Ring, Robison, Smith(24), Snodgrass, Tilman, Trail, Wills, Mr.
      Speaker
      NAYS -- Andersen, Barraclough, Barrett, Bedke, Bell, Block, Bolz,
      Bradford, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Eberle,
      Edmunson, Eskridge, Gagner, Garrett, Harwood, Jaquet, Jones, Kulczyk,
      Lake, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Ringo, Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd,
      Shirley, Skippen, Smith(30), Smylie, Stevenson
      Absent and excused -- Raybould, Wood
    Floor Sponsor - Bauer
    Filed w/Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 230
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RULES OF THE ROAD; AMENDING CHAPTER 6, TITLE 49,  IDAHO  CODE,  BY
  3        THE  ADDITION OF A NEW SECTION 49-620, IDAHO CODE, TO PROVIDE THAT NO PER-
  4        SON SHALL OPERATE ON ANY PUBLIC HIGHWAY OPEN FOR PUBLIC  USE  ANY  VEHICLE
  5        WITH  A LOAD OF GRAVEL OR ROCK UNLESS THE LOAD IS SECURELY COVERED TO PRE-
  6        VENT ANY OF THE LOAD FROM ESCAPING, TO PROVIDE AN EXCEPTION AND TO PROVIDE
  7        PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 6, Title 49, Idaho Code,  be,  and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 49-620, Idaho Code, and to read as follows:
                                                                        
 12        49-620.  COVERING LOADS OF GRAVEL OR ROCK  --  PENALTIES.  (1)  No  person
 13    shall  operate  on  any  public highway open for public use any vehicle with a
 14    load of gravel or rock unless the load is securely covered to prevent  any  of
 15    the load from escaping; provided however, any rock or stone larger than twelve
 16    (12) inches in diameter which is secured by other means need not be covered to
 17    be in compliance with the provisions of this section.
 18        (2)  Penalties.
 19        (a)  A  violation  of  the  provisions  of  this  section is an infraction
 20        offense. A conviction under this subsection shall not result in  violation
 21        point  counts as prescribed in section 49-326, Idaho Code, nor shall it be
 22        deemed to be a moving traffic violation for the  purpose  of  establishing
 23        rates of motor vehicle insurance charged by a casualty insurer.
 24        (b)  It  is a misdemeanor offense if a willful violation of the provisions
 25        of this section results in serious bodily injury or death to  an  individ-
 26        ual,  or  results  in  property  damage  in excess of one thousand dollars
 27        ($1,000).
                                                                        
 28        SECTION 2.  This act shall be in full force and effect on and after  Janu-
 29    ary 1, 2004.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12980


This legislation is a public safety issue to protect the public
from falling gravel or rocks from trucks and other vehicles on a
highway open for public use.
                          FISCAL IMPACT

No fiscal impact


Contact
Name: Rep. Bauer 
Phone: 332-1204




STATEMENT OF PURPOSE/FISCAL NOTE                   H 230