2005 Legislation
Print Friendly

HOUSE BILL NO. 193 – Ports of entry, employee authority

HOUSE BILL NO. 193

View Bill Status

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.

Bill Status



H0193.........................................by TRANSPORTATION AND DEFENSE
PORTS OF ENTRY - Amends existing law to clarify the enforcement authority
of Idaho Transportation Department employees at ports of entry and checking
stations.
                                                                        
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Transp
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood,
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Cannon, Lake, Stevenson
    Floor Sponsor - Smith(24)
    Title apvd - to Senate
03/08    Senate intro - 1st rdg - to Transp
03/18    Rpt out - rec d/p - to 2nd rdg
03/21    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 33-0-1, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Langhorst, Little,
      Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Keough, (District 21 seat vacant)
    Floor Sponsor - Little
    Title apvd - to House
03/23    To enrol
03/24    Rpt enrol - Sp signed
03/25    Pres signed
03/28    To Governor
03/30    Governor VETOED
03/31    Held at Desk
04/06    Filed in Office of the Chief Clerk

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 193
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PORTS OF ENTRY AND CHECKING  STATIONS  ESTABLISHED  BY  THE  IDAHO
  3        TRANSPORTATION DEPARTMENT; AMENDING SECTION 40-510, IDAHO CODE, TO PROVIDE
  4        A  CORRECT  CODE  REFERENCE;  AND  AMENDING SECTION 40-511, IDAHO CODE, TO
  5        CLARIFY THE ENFORCEMENT AUTHORITY OF TRANSPORTATION  DEPARTMENT  EMPLOYEES
  6        AT PORTS OF ENTRY AND CHECKING STATIONS.
                                                                        
  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 40-5142, 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;
 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 Idaho state police 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.  That  Section  40-511, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
                                           2
                                                                        
  1        40-511.  STOPPING AND INSPECTION. (1) Wherever by the laws of the state of
  2    Idaho any vehicle with a maximum gross weight or registered gross  weight,  or
  3    operated at a gross weight of twenty-six thousand one (26,001) pounds or more,
  4    excepting those transporting  livestock or placardable quantities of hazardous
  5    materials,  is  used to transport any merchandise, product or commodity within
  6    the state, within the state to without the state, or from without the state to
  7    within the state, the owner  or  operator  of  either  the  motor  vehicle  or
  8    trailer, as defined in chapter 1, title 49, Idaho Code, used to transport such
  9    merchandise,  product or commodity is hereby required to stop at such ports of
 10    entry or checking stations established by the Idaho transportation  department
 11    and submit to inspection, grading or weighing, for compliance with the laws of
 12    the state of Idaho.
 13        (2)  Vehicles  or  combinations of vehicles with a maximum gross weight of
 14    ten thousand (10,000) pounds or more  transporting  livestock  or  placardable
 15    quantities  of  hazardous materials are required to stop at all ports of entry
 16    or checking stations established by the Idaho transportation department.
 17        (3)  It shall be the duty of such owner or operator of every motor vehicle
 18    or trailer to drive the motor vehicle or trailer upon any state owned station-
 19    ary or portable scale or private scale, certified by the state of  Idaho  when
 20    requested  to do so by any peace officer, excepting fish and game officers, or
 21    authorized employees of the Idaho transportation department.
 22        (4)  Authorized employees of the transportation department  may  stop  any
 23    vehicle  with  a  maximum gross weight of eighteen thousand (18,000) pounds or
 24    more by displaying a flashing red light if the authorized employee has  proba-
 25    ble  cause to believe the vehicle bypassed a weighing or inspection station or
 26    proceeded through the station without  regard  for  the  directional  signals.
 27    Authorized  employees  may  direct  a vehicle which has bypassed a weighing or
 28    inspection station or has proceeded through the station without regard for the
 29    directional signals, to return to the bypassed inspection or weighing  station
 30    and  may issue a citation for failure to stop as required in this section. The
 31    operator of a vehicle shall bring the vehicle  to  a  stop,  pulling  off  the
 32    traveled  portion  of  the  highway  when  directed  to do so by an authorized
 33    employee of the transportation department by use of emergency lights or siren.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 14960C1

There has been some confusion in the courts regarding when
vehicles must stop at weigh stations.  This legislation will
amend Section 40-511, Idaho Code, to further clarify those
vehicles required to stop at ports of entry for
inspection/weighing.  Additionally it will clarify that the
referenced code sections under (2)(b) end at Section 512 and not
Section 514 as currently listed.


                           FISCAL NOTE

No fiscal impact to the Department or the Motor Carrier Industry.



Contact
Name:  Rep. Leon Smith 
Phone: 332-1000
Name:  Alan Frew, ITD
Phone: 334-8809


STATEMENT OF PURPOSE/FISCAL NOTE                    H 193