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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN 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 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