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HJM015........................................by TRANSPORTATION AND DEFENSE
NATIONAL HIGHWAY SYSTEM DESIGNATION ACT - Stating findings of the
Legislature and urging the Congressional delegation from the state of Idaho
to support and cosponsor federal legislation which protects the
agricultural operations exemption in the National Highway System
Designation Act of 1995.
02/05 House intro - 1st rdg - to printing
02/06 Rpt prt - to Transp
02/11 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/17 3rd rdg - ADOPTED - voice vote
Floor Sponsor - Skippen
Title apvd - to Senate
02/18 Senate intro - 1st rdg - to Transp
03/05 Rpt out - rec d/p - to 10th Ord
03/09 10th Ord - ADOPTED - voice vote
Floor Sponsor - McWilliams
Title apvd - to House
03/10 To enrol
03/11 Rpt enrol - Sp signed
03/12 Pres signed
03/15 To Secretary of State
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT MEMORIAL NO. 15
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 A JOINT MEMORIAL
2 TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES IN CONGRESS
3 ASSEMBLED, AND TO THE CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF
4 IDAHO IN THE CONGRESS OF THE UNITED STATES.
5 We, your Memorialists, the House of Representatives and the Senate of the
6 State of Idaho assembled in the Second Regular Session of the Fifty-seventh
7 Idaho Legislature, do hereby respectfully represent that:
8 WHEREAS, the state of Idaho experiences on its roads and highways every
9 year significant movement of agricultural commodities, including livestock,
10 livestock food, poultry and poultry feed; and
11 WHEREAS, the federal National Highway System Designation Act of 1995
12 includes an agricultural operations exemption from the federal hours of ser-
13 vice regulations for truck drivers transporting agricultural commodities; and
14 WHEREAS, the majority of states in the nation have, without adverse safety
15 consequences, implemented the agricultural operations exemption based upon the
16 specific agricultural transportation needs found within the individual states;
17 and
18 WHEREAS, produce and other perishable commodities must be delivered in a
19 timely manner, as the need for efficient, timely commercial agricultural
20 transportation grows; and
21 WHEREAS, the federal Motor Carrier Safety Administration has issued a
22 "guidance" which states that livestock, livestock feed, poultry and poultry
23 feed are not agricultural commodities.
24 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
25 sion of the Fifty-seventh Idaho Legislature, the House of Representatives and
26 the Senate concurring therein, that we urgently support the passage of
27 H.R. 871, to amend the national Highway System Designation Act of 1995, to
28 provide a comprehensive definition of the term "agricultural commodity" and
29 thereby make the agricultural operations exemption permanent and not subject
30 to modification or revocation by the United States Department of Transporta-
31 tion.
32 BE IT FURTHER RESOLVED that we urge the congressional delegation repre-
33 senting the State of Idaho in the Congress of the United States to actively
34 support and become cosponsors for passage of H.R. 871.
35 BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representa-
36 tives be, and she is hereby authorized and directed to forward a copy of this
37 Memorial to the President of the Senate and the Speaker of the House of Repre-
38 sentatives of Congress, and the congressional delegation representing the
39 State of Idaho in the Congress of the United States.
STATEMENT OF PURPOSE
RS 13769
Because of concerns regarding the Federal Bioterrorism Act, the
United States Department of Transportation issued a "guidance"
determining that poultry, livestock, and feed grains were not
"agricultural commodities". If adopted this language would have
ended the option that states currently have to exempt these
agricultural products from "hours of service" regulations for
transport. This joint memorial requests Idaho Congressmen to co-
sponsor H.R.871, which would move the current definition of
"agricultural commodities" from rule to law, taking it out of
future Department of Transportation rulemaking.
FISCAL IMPACT
There will be no fiscal impact to the general fund.
Contact
Name: Rep. Kathy Skippen
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE HJM 015