[Vision2020] HB 193

[Art Deco]

Another small example:  The IDOT is certainly not looking after the safety of its citizens who travel US 95 between Foothill Road and the Y at Potlatch.  How many more fatalities and serious injury mishaps must we experience before Ken Helm is put out to pasture and a safety conscious engineer replaces him?

w.
  ----- Original Message ----- 
  From: Tom Hansen 
  To: Shirley Ringo ; Moscow Vision 2020 
  Sent: Wednesday, March 02, 2011 4:15 PM
  Subject: Re: [Vision2020] HB 193


  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."

  ----------------------------------------------------------------------

  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
  > =======================================================


  "The Pessimist complains about the wind, the Optimist expects it to change
  and the Realist adjusts his sails."

  - Unknown


  =======================================================
   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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