View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0517.........................................by TRANSPORTATION AND DEFENSE
MOTOR CARRIERS - AGRICULTURAL COMMODITIES - Amends and adds to existing law
to clarify that vehicles hauling agricultural commodities or products of
the forest are exempt from regulation all year; and to provide that harvest
season, for the purpose of vehicles transporting agricultural products,
including fresh fruits and vegetables, livestock, livestock feed, products
of the forest or manure, shall be year round.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to Transp
02/07 Rpt out - rec d/p - to 2nd rdg
02/08 2nd rdg - to 3rd rdg
02/09 3rd rdg - PASSED - 66-2-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson,
Jaquet, Kemp, Lake, 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), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,
Mr. Speaker
NAYS -- Cannon, Smith(24)
Absent and excused -- Black, Harwood
Floor Sponsor - Nonini
Title apvd - to Senate
02/10 Senate intro - 1st rdg - to Transp
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/16 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 - Little
Title apvd - to House
03/17 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 138
Effective: 03/22/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 517
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO MOTOR CARRIERS AND HARVEST SEASON; AMENDING SECTION 67-2901B,
3 IDAHO CODE, TO CLARIFY THAT VEHICLES HAULING AGRICULTURAL COMMODITIES OR
4 PRODUCTS OF THE FOREST ARE EXEMPT FROM REGULATION ALL YEAR; AMENDING CHAP-
5 TER 6, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-674,
6 IDAHO CODE, TO PROVIDE THAT HARVEST SEASON FOR THE PURPOSE OF VEHICLES
7 TRANSPORTING AGRICULTURAL PRODUCTS, INCLUDING FRESH FRUITS AND VEGETABLES,
8 LIVESTOCK, LIVESTOCK FEED, PRODUCTS OF THE FOREST OR MANURE, SHALL BE
9 YEAR-ROUND; AND DECLARING AN EMERGENCY.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 67-2901B, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 67-2901B. INSPECTION OF MOTOR CARRIERS -- EXEMPTIONS -- CERTIFICATION OF
14 REPAIR -- COMPLIANCE REVIEW -- PENALTIES. (1) All motor carriers, except those
15 exempted under the provisions of subsection (2) of this section, are subject
16 to compliance review and inspection by authorized state police employees for
17 compliance with federal motor carrier safety and hazardous materials regula-
18 tions and for compliance with applicable Idaho laws and rules promulgated by
19 the director pursuant to the provisions of section 67-2901A, Idaho Code. A
20 motor carrier shall submit any vehicle to a safety inspection when requested
21 to do so by an authorized state police employee. Such inspections shall com-
22 ply, to the extent possible, with national and industry standards for truck
23 inspections and truck safety as adopted by the commercial vehicle safety alli-
24 ance. A written inspection report shall be provided to the owner, operator or
25 agent of the vehicle following any inspection review pursuant to this section.
26 (2) The following intrastate motor carriers shall be exempt from safety
27 inspections and compliance reviews:
28 (a) Motor vehicles employed solely in transporting school children and
29 teachers to or from school or to and from approved school activities, when
30 the motor vehicles are either:
31 (i) Wholly owned and operated by such school, or
32 (ii) Leased or contracted by such school and the motor vehicle is not
33 used in the furtherance of any other commercial enterprise; or
34 (b) Taxicabs or other motor vehicles performing a licensed or franchised
35 taxicab service, having a seating capacity of not more than seven (7) pas-
36 sengers within twenty-five (25) miles of the boundaries of the licensing
37 or franchising jurisdiction; or
38 (c) Motor vehicles owned or operated by or on behalf of hotels and used
39 exclusively for the transportation of hotel patrons between hotels and
40 local railroads or airports or other common carrier stations; or
41 (d) Motor vehicles controlled and operated by any farmer when used in the
42 transportation of his farm equipment or in the transportation of supplies
43 to his farm; or
2
1 (e) Motor vehicles used exclusively in the distribution of newspapers; or
2 (f) Transportation of persons or property by motor vehicle at an airport
3 when incidental to transportation by aircraft or other transportation in
4 substitution for scheduled airline service when the carrier cannot provide
5 the scheduled service because of weather and/or mechanical conditions and
6 the transportation is arranged for and paid by the affected airlines; or
7 (g) Transportation of persons and/or property, including mobile and modu-
8 lar houses manufactured with wheels and undercarriage as part of the sub-
9 structure, but not transportation of other houses, buildings or structures
10 within a municipality or territory contiguous to such municipality if such
11 operation outside such municipality be a part of a service maintained
12 within the limits of the municipality with the privilege of transfer of
13 passengers to vehicles within the municipality without additional fare; or
14 (h) The transportation of agricultural products including fresh fruits
15 and vegetables, livestock, livestock feed or manure at any time of the
16 year; or
17 (i) Motor propelled vehicles for the sole purpose of carrying United
18 States mail or property belonging to the United States; or
19 (j) Motor carriers transporting products of the forest at any time of the
20 year; or
21 (k) Motor carriers transporting products of the mine including sand,
22 gravel and aggregates thereof, except petroleum products; or
23 (l) Motor carriers transporting household goods as defined by the federal
24 surface transportation board; or
25 (m) Vehicles properly equipped, designed and customarily used for the
26 transportation of disabled or abandoned vehicles by means of a crane,
27 hoist, tow bar, dolly or roll bed, which vehicle shall be known as a
28 "wrecker (tow truck)."
29 (3) A motor carrier which has received a written inspection report pre-
30 pared pursuant to subsection (1) of this section indicating that his vehicle
31 does not comply with applicable federal laws or regulations or Idaho laws or
32 rules, shall certify in writing to the director or his designee within fifteen
33 (15) days of his receipt of the inspection report that he has brought his
34 vehicle into compliance with said laws, regulations or rules. The director or
35 his designee may assess an administrative penalty to any person who does not
36 comply with the certification provisions of this section or who makes a false
37 certification. The penalty shall not exceed one hundred dollars ($100) for
38 failure to comply with an inspection report or for making a false certifica-
39 tion. If an assessment is contested, the director shall comply with the provi-
40 sions governing contested cases under the administrative procedure act, chap-
41 ter 52, title 67, Idaho Code.
42 (4) Any motor carrier subject to rules promulgated under the provisions
43 of section 67-2901A, Idaho Code, shall submit to a compliance review upon
44 request of the director or any officer designated by him, by providing for
45 inspection or copying at any reasonable time, the records, books, papers and
46 documents relating to the safety management systems or program of such motor
47 carrier.
48 (5) Any penalties collected pursuant to subsection (3) of this section
49 shall be deposited to the state highway account.
50 SECTION 2. That Chapter 6, Title 49, Idaho Code, be, and the same is
51 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
52 ignated as Section 49-674, Idaho Code, and to read as follows:
53 49-674. HARVEST SEASON. Harvest season for the purpose of vehicles trans-
3
1 porting agricultural products, including fresh fruits and vegetables, live-
2 stock, livestock feed, products of the forest or manure, shall be year-round.
3 SECTION 3. An emergency existing therefor, which emergency is hereby
4 declared to exist, this act shall be in full force and effect on and after its
5 passage and approval.
STATEMENT OF PURPOSE
RS 15479
There is currently no officially defined harvest season for
agriculture commodities in Idaho. It is necessary to clear up
any inconsistencies and to be more in tune with surrounding
states that Idaho clearly define the time allowed to transport
agriculture commodities interstate. This bill defines the
harvest season in Idaho as it relates to the transportation of
commodities as year-round.
Examples of commodity transportation interstate would be
potatoes, logs, wheat, and sugar beets. Transportation of
interstate commodities, with exemption from federal laws and
rules, is limited to one hundred air miles from the source or
distribution point to the destination. Many of our commodities
are transported interstate to neighboring states throughout the
year.
Examples of harvest seasons in some surrounding states are:
Montana and Wyoming, year-round; and Washington is February 1
through November 30.
This bill would clear up any ambiguities and confusion about
Idaho's harvest seasons both with our own commodity haulers and
our surrounding state neighbors as well as the Federal Highway
Safety Administration.
FISCAL NOTE
None to the general fund.
Contact
Name: Rep. Nonini
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 517