Bill Description: Senate Bill 1267 would clarify that privately owned, noncommercial vehicles do not have to stop at ports of entry or checking stations. 

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Analyst Note: Senate Bill 1267 is nearly identical to last year's Senate Bill 1169.

Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

As written, Idaho law requires all "vehicles or combinations of vehicles with a maximum gross weight of 10,000 pounds or more transporting livestock or placardable quantities of hazardous materials" to stop at all ports of entry or checking stations established by the Idaho Transportation Department. Other than those within these two categories, vehicles weighing 26,000 pounds or less are not required to stop at ports of entry or checking stations.

Senate Bill 1267 amends Section 40-511, Idaho Code, to remove "livestock or" from the above language and add the following clarification:

"Noncommercial vehicles, as defined in section 49-123(2)(k), Idaho Code, shall not be required to stop for inspection pursuant to this section."

These changes accomplish two positive shifts in Idaho law. The first makes it clear that noncommercial vehicles, such as a privately owned pickup pulling a horse trailer, can bypass a port of entry or checking station without violating the law. The second is to remove the requirement that commercial vehicles between 10,000 and 26,000 pounds that are transporting livestock stop at ports of entry and checking stations. 

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