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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