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H0464.........................................by TRANSPORTATION AND DEFENSE
PORTS OF ENTRY - Amends existing law to provide correct reference to the
enforcement authority of Idaho Transportation Department employees at ports
of entry and checking stations to clarify those vehicles required to stop
at ports of entry and checking stations for inspection, grading or
weighing.
01/25 House intro - 1st rdg - to printing
01/26 Rpt prt - to Transp
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/02 3rd rdg - PASSED - 64-3-3
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Boe, Bolz, Brackett, Cannon, Chadderdon, Clark, Collins,
Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Hart, Harwood, Henbest(Bock), Henderson, Jaquet,
Kemp, Lake, LeFavour, Martinez, Mathews, McGeachin, McKague, Miller,
Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- Barrett, Loertscher, Sali
Absent and excused -- Black, Block, Bradford
Floor Sponsor - Roberts
Title apvd - to Senate
02/03 Senate intro - 1st rdg - to Transp
02/17 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - McGee
Title apvd - to House
03/03 To enrol
03/06 Rpt enrol - Sp signed
03/07 Pres signed
03/08 To Governor
03/11 Governor signed
Session Law Chapter 31
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 464
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 CORRECT REFERENCE TO THE ENFORCEMENT AUTHORITY OF TRANSPORTATION DEPART-
5 MENT EMPLOYEES AT PORTS OF ENTRY AND CHECKING STATIONS; AND AMENDING SEC-
6 TION 40-511, IDAHO CODE, TO CLARIFY THOSE VEHICLES REQUIRED TO STOP AT
7 PORTS OF ENTRY AND CHECKING STATIONS FOR INSPECTION, GRADING OR WEIGHING.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 40-510, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 40-510. PORTS OF ENTRY OR CHECKING STATIONS ESTABLISHED -- MOTOR VEHICLE
12 INVESTIGATOR ACTIVITIES -- AUTHORITY OF THE BOARD TO EMPLOY INDIVIDUALS. (1)
13 To augment and help make more efficient and effective the enforcement of cer-
14 tain laws of the state of Idaho, the Idaho transportation department is hereby
15 authorized and directed to establish from time to time temporary or permanent
16 ports of entry or checking stations upon any highways in the state of Idaho,
17 at such places as the Idaho transportation department shall deem necessary and
18 advisable.
19 (2) The board is authorized to appoint and employ individuals who shall
20 have limited peace officer authority for the enforcement of such motor vehicle
21 related laws as are herein specified:
22 (a) Sections 18-3906 and 18-8001, Idaho Code;
23 (b) Sections 25-1105 and 25-1182(2), Idaho Code;
24 (c) Sections 40-510 through 40-5142, Idaho Code;
25 (d) Chapters 1 through 5, 9, 10, 11, 15 through 19, 22 and 24, title 49,
26 sections 49-619, 49-660, 49-1407, 49-1418 and 49-1427 through 49-1430,
27 Idaho Code;
28 (e) Sections 63-2438, 63-2440, 63-2441 and 63-2443, Idaho Code; and
29 (f) Section 67-2901A, Idaho Code.
30 (3) Motor vehicle investigators shall have the authority to access confi-
31 dential vehicle identification number information.
32 (4) Any employee so appointed shall have the authority to issue misde-
33 meanor traffic citations in accordance with the provisions of section 49-1409,
34 Idaho Code, and infraction citations in accordance with the provisions of
35 chapter 15, title 49, Idaho Code.
36 (5) No employee of the department shall carry or use a firearm of any
37 type in the performance of his duties unless specifically authorized in writ-
38 ing by the director of the Idaho state police to do so.
39 (6) The board is authorized to extend the authority as provided in this
40 section to authorized employees of contiguous states upon approval of a bilat-
41 eral agreement according to the provisions of section 40-317, Idaho Code.
42 SECTION 2. That Section 40-511, Idaho Code, be, and the same is hereby
2
1 amended to read as follows:
2 40-511. STOPPING AND INSPECTION. (1) Wherever by the laws of the state of
3 Idaho any vehicle with a maximum gross weight or registered gross weight, or
4 operated at a gross weight of twenty-six thousand one (26,001) pounds or
5 more, excepting those transporting livestock or placardable quantities of haz-
6 ardous materials, is used to transport any merchandise, product or commodity
7 within the state, within the state to without the state, or from without the
8 state to within the state, the owner or operator of either the motor vehicle
9 or trailer, as defined in chapter 1, title 49, Idaho Code, used to transport
10 such merchandise, product or commodity is hereby required to stop at such
11 ports of entry or checking stations established by the Idaho transportation
12 department and submit to inspection, grading or weighing, for compliance with
13 the laws of the state of Idaho.
14 (2) Vehicles or combinations of vehicles with a maximum gross weight of
15 ten thousand (10,000) pounds or more transporting livestock or placardable
16 quantities of hazardous materials are required to stop at all ports of entry
17 or checking stations established by the Idaho transportation department.
18 (3) It shall be the duty of such owner or operator of every motor vehicle
19 or trailer to drive the motor vehicle or trailer upon any state owned station-
20 ary or portable scale or private scale, certified by the state of Idaho when
21 requested to do so by any peace officer, excepting fish and game officers, or
22 authorized employees of the Idaho transportation department.
23 (4) Authorized employees of the transportation department may stop any
24 vehicle with a maximum gross weight of eighteen thousand (18,000) pounds or
25 more by displaying a flashing red light if the authorized employee has proba-
26 ble cause to believe the vehicle bypassed a weighing or inspection station or
27 proceeded through the station without regard for the directional signals.
28 Authorized employees may direct a vehicle which has bypassed a weighing or
29 inspection station or has proceeded through the station without regard for the
30 directional signals, to return to the bypassed inspection or weighing station
31 and may issue a citation for failure to stop as required in this section. The
32 operator of a vehicle shall bring the vehicle to a stop, pulling off the
33 traveled portion of the highway when directed to do so by an authorized
34 employee of the transportation department by use of emergency lights or siren.
STATEMENT OF PURPOSE
RS 15389
This legislation will amend Section 40-510(2c) and 40-
511(1), Idaho Code, to further clarify those vehicles required to
stop at ports of entry for inspection/weighing. Additionally it
will clarify that the referenced sections under (2) (c) end at
section 512 and not Section 514 as currently listed.
FISCAL NOTE
This legislation does not require additional budget funding
for the department.
CONTACT
Name: Alan Frew
Agency: Idaho Transportation Department
Phone: 334-8809
STATEMENT OF PURPOSE/FISCAL NOTE H 464