[Vision2020] HB 193

[Tom Hansen]

House Bill 193

by STATE AFFAIRS COMMITTEE

MOTOR VEHICLES - Amends existing law relating to motor vehicles to provide
that in certain actions or proceedings the court shall require a security
and to provide that in certain final judgments or final decisions the
court shall determine an amount of moneys to be awarded.

Status
http://www.legislature.idaho.gov/legislation/2011/H0193.htm

Text
http://www.legislature.idaho.gov/legislation/2011/H0193.pdf

Portion added by House Bill 193:

"(6) (a) In any action or proceeding brought for the purpose of setting
aside a special permit issued pursuant to this section, in which any party
seeks a stay or seeks a temporary restraining order or preliminary
injunction against the department, other appropriate authority, the state
of Idaho or the party requesting the permit, the court shall require
security as provided in rule 65(c) of the Idaho rules of civil procedure,
in an amount equal to not less than five percent (5%) of the appraised
value of the product to be transported under the provisions of the permit,
for the benefit of the state highway account as established in section
40-702, Idaho Code.

(b) In a final judgment or final decision in an action or proceeding
brought for the purpose of setting aside a special permit issued pursuant
to this section, and where such final judgment or final decision is
against the party or parties who brought such action or proceeding, the
court shall determine the amount of moneys lost, if any, by the defendant
party's or parties' business or businesses as a result of such action or
proceeding and shall award such amount to the defendant party or parties."

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My interpretation of House Bill 193:  In order for somebody to file for a
restraining order to prevent the execution of a special permit, the
plaintiff/complainant must provide funds equal to 5% "of the appraised
value of the product to be transported . . . " which may ultimately be
awarded to the hauler.

We are talking potentially HUNDREDS OF THOUSANDS OF DOLLARS to file for
such a restraining order.

I wonder if they'll take a post-dated check.

Tell me again how the Idaho Transportation Department is looking out for
the interests of Idaho citizens.

EFF 'EM!!!

Tom Hansen
Moscow, Idaho




On Wed, March 2, 2011 4:00 pm, Shirley Ringo wrote:
> Visionaries:
>
> If you haven't yet noted HB 193, take a look at it.  The preliminary AG
> opinion is that it is constitutional.
>
> Shirley=======================================================
>  List services made available by First Step Internet,
>  serving the communities of the Palouse since 1994.
>                http://www.fsr.net
>           mailto:Vision2020 at moscow.com
> =======================================================


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