Bill description: SB 1379 increases inspections of commercial vehicles for dyed fuels.
Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?
SB 1379 expands the power of law enforcement agencies and the Idaho Department of Transportation to inspect commercial vehicles for dyed fuels. Certain untaxed diesel fuel is dyed to indicate it cannot be legally used for highway travel.
Specifically, SB 1379 states, " When stopped at a fixed or portable check station or when otherwise lawfully stopped as described in this section, any commercial diesel-powered motor vehicle ... may be subject to visual inspection for dyed fuel in the diesel fuel tanks mounted to such vehicle when the operator is requested to submit to such inspection."
This power to conduct such inspections is extended to both the Idaho State Police and employees of the Idaho transportation department. The bill would allow inspections both during traffic stops and at "temporary or permanent ports of entry or checking stations upon any highways in the state of Idaho, at such places as the Idaho transportation department shall deem necessary and advisable."
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?
Existing law imposes civil penalties of $250, $500, and $1,000 respectively for first, second, and third or subsequent violations of the regulations regarding dyed fuels.
SB 1379 newly imposes a $1,000 penalty for a "refusal of inspection" even on a first offense.
Analyst's Note: SB 1379 is similar to SB 1298, introduced earlier this session. SB 1379 adds clarifications that the penalties referenced above will be the only penalties imposed.
Our rating of this bill is not altered by amendments made to it on 3/05.
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