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H0589.........................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - Adds to existing law to provide for transitional ownership
documents for motor vehicles; to provide the purpose of transitional
ownership records; to provide circumstances under which a transitional
ownership record is acceptable as an ownership record; to provide
circumstances for mandatory rejection or invalidation of a transitional
ownership record by the Idaho Transportation Department; to provide
circumstances for discretionary rejection of a transitional ownership
record; and to provide for fees.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Transp
02/25 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
02/29 3rd rdg - PASSED - 59-5-6
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Hadley, Hammond, Hansen(23),
Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Loertscher, Mader, Marley, Meyer, Mortensen,
Moss, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
Sali, Schaefer(Tiegs), Sellman, Shepherd, Smylie, Stevenson, Stone,
Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann
NAYS -- Barrett, Gagner, McKague, Moyle, Stoicheff
Absent and excused -- Geddes, Gould, Linford, Montgomery, Smith, Mr
Speaker
Floor Sponsor - Hansen(23)
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Transp
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/30 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Frasure
Title apvd - to House
03/31 To enrol
04/03 Rpt enrol - Sp signed
04/04 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 320
Effective: 01/01/01
H0589
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 589
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO TRANSITIONAL OWNERSHIP DOCUMENTS OF MOTOR VEHICLES; AMENDING CHAP-
3 TER 5, TITLE 49, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 49-527,
4 49-528, 49-529 AND 49-530, IDAHO CODE, TO PROVIDE THE PURPOSE OF TRANSI-
5 TIONAL OWNERSHIP DOCUMENTS, TO PROVIDE CIRCUMSTANCES UNDER WHICH A TRANSI-
6 TIONAL OWNERSHIP DOCUMENT IS ACCEPTABLE AS AN OWNERSHIP RECORD, TO PRO-
7 VIDE CIRCUMSTANCES FOR MANDATORY REJECTION OR INVALIDATION OF A TRANSI-
8 TIONAL OWNERSHIP DOCUMENT BY THE TRANSPORTATION DEPARTMENT AND TO PROVIDE
9 CIRCUMSTANCES FOR DISCRETIONARY REJECTION OF A TRANSITIONAL OWNERSHIP DOC-
10 UMENT; AMENDING SECTION 49-121, IDAHO CODE, TO PROVIDE A DEFINITION OF
11 "TRANSITIONAL OWNERSHIP DOCUMENT"; AMENDING SECTION 49-202, IDAHO CODE, TO
12 PROVIDE A FEE FOR RECORDING A TRANSITIONAL OWNERSHIP DOCUMENT, TO PROVIDE
13 FOR PORTIONS OF FEES TO GO TO THE COUNTY ASSESSOR OR SHERIFF AND TO MAKE A
14 TECHNICAL CORRECTION; AMENDING SECTIONS 49-425 AND 49-1817, IDAHO CODE, TO
15 PROVIDE CORRECT CODE REFERENCES; AND PROVIDING AN EFFECTIVE DATE.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Chapter 5, Title 49, Idaho Code, be, and the same is
18 hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
19 nated as Sections 49-527, 49-528, 49-529 and 49-530, Idaho Code, and to read
20 as follows:
21 49-527. PURPOSE OF TRANSITIONAL OWNERSHIP DOCUMENT. The purpose of a
22 transitional ownership document is to enable security interest to be perfected
23 in a timely manner when the primary ownership document is not available. The
24 transitional ownership document serves to perfect a lien against creditors or
25 subsequent purchasers.
26 (1) To perfect a security interest the transitional ownership document
27 must be received by the department or agent within twenty (20) days of the
28 date of sale. To determine the twenty (20) days, exclude the first day (i.e.,
29 date of sale) and count each calendar day thereafter. If the twentieth day
30 falls on a weekend or holiday it is not counted, the last date the temporary
31 ownership document will be acceptable is bumped to the next department or
32 agent working day.
33 (2) The lien will be perfected as of the date and time of filing consis-
34 tent with section 49-510, Idaho Code.
35 (3) The transitional ownership document is not intended to supersede the
36 requirements of section 49-504, Idaho Code, but rather to provide an alterna-
37 tive method of lien perfection.
38 (4) Once a temporary ownership document has been filed with the depart-
39 ment or agent, the primary ownership document must be received by the depart-
40 ment or agent within ninety (90) calendar days from the date of the security
41 agreement or contract. To determine ninety (90) days, exclude the first day
42 (i.e., day of sale) and count each calendar day thereafter. If the ninetieth
43 day falls on a weekend or holiday, the last date the temporary ownership docu-
2
1 ment may be used to determine date of security interest perfection is bumped
2 to the next department or agent working day.
3 49-528. CIRCUMSTANCES UNDER WHICH TRANSITIONAL OWNERSHIP DOCUMENT ACCEPT-
4 ABLE AS OWNERSHIP DOCUMENT. A transitional ownership document is acceptable as
5 an ownership document only if the primary ownership document:
6 (1) Is not in the possession of the selling dealer, new security interest
7 holder or the agent of either at the time the transitional ownership document
8 is submitted to the department; and
9 (2) To the best of the knowledge of the selling dealer, security interest
10 holder or agent, will not be available for submission to the department
11 within twenty (20) days of the date of sale or if no sale is involved, within
12 the date of a security agreement or contract.
13 49-529. MANDATORY REJECTION OR INVALIDATION OF TRANSITIONAL OWNERSHIP
14 DOCUMENT BY DEPARTMENT. The transportation department shall reject, return or
15 subsequently invalidate a transitional ownership document if:
16 (1) More than twenty (20) days have elapsed between the date of sale, or
17 if no sale is involved, more than twenty (20) days have elapsed between the
18 date the contract or security interest being perfected was signed and the date
19 the transitional ownership document is received by the department;
20 (2) The transitional ownership document does not contain all of the
21 information contained in section 49-121(7), Idaho Code;
22 (3) It is determined that persons named on the transitional ownership
23 document as having a security interest did not have a security interest on the
24 date the transitional ownership document was received;
25 (4) It is determined the person who submitted the transitional ownership
26 document made false statements in completing the transitional ownership docu-
27 ment;
28 (5) The department does not receive the primary ownership document from
29 the date of sale within ninety (90) days of the date of sale or if no sale is
30 involved, within ninety (90) days from the date the security agreement or con-
31 tract was signed;
32 (6) The security interest holder or person submitting the transitional
33 ownership document elects to retain, requests it be returned or requests that
34 the transitional ownership document be withdrawn; or
35 (7) The information on or in the transitional ownership document has been
36 changed or altered in a manner that is not acceptable to the department.
37 49-530. DISCRETIONARY REJECTION OR INVALIDATION OF DOCUMENT BY DEPART-
38 MENT. The transportation department may reject, return or subsequently invali-
39 date a transitional ownership document if it is determined that:
40 (1) Title is to be issued to someone other than the person shown on the
41 transitional ownership document;
42 (2) Interests reflected on the primary ownership document or in informa-
43 tion submitted in conjunction with that document conflict with the interests
44 as reflected on the transitional ownership document;
45 (3) The person submitting the transitional ownership document has failed
46 to submit the nonrefundable fee required by section 49-202(e), Idaho Code; or
47 (4) A copy of the application for certificate of title is not attached as
48 required by the department.
49 SECTION 2. That Section 49-121, Idaho Code, be, and the same is hereby
50 amended to read as follows:
3
1 49-121. DEFINITIONS -- T.
2 (1) "Temporary supplemental lot" means a location other than the princi-
3 pal place of business, or supplemental lot within the same or adjacent county
4 as the principal place of business, where a licensed dealer may secure a
5 license to conduct the business and is licensed for a period of time not to
6 exceed ten (10) days for a specific purpose such as auto shows, auctions,
7 shopping center promotions, tent sales, etc. Temporary supplemental lots shall
8 meet all local zoning and building codes for the type of business being con-
9 ducted. The requirements for a principal place of business shall not be appli-
10 cable to temporary supplemental lot locations.
11 (2) "Tires" means:
12 (a) Metal. Every tire the surface of which in contact with the highway is
13 wholly or partly of metal or other hard, nonresilient material.
14 (b) Pneumatic. Every tire in which compressed air is designed to support
15 the load.
16 (c) Snow tire. Every rubber tire with tread design or material embedded
17 in the tire to improve winter traction except studded tires.
18 (d) Solid rubber. Every tire of rubber or other resilient material which
19 does not depend upon compressed air for the support of the load.
20 (e) Studded tire. Every tire with built-in lugs of tungsten carbide or
21 other suitable material designed to contact the road surface for improved
22 winter traction.
23 (3) "Traffic" means pedestrians, ridden or herded animals, vehicles,
24 streetcars and other conveyances either singly or together while using any
25 highway for purposes of travel.
26 (4) "Traffic lane" or "lane of travel" means that portion of the roadway
27 for movement of a single line of vehicles.
28 (5) "Traffic-control device" means any device, whether manually, electri-
29 cally or mechanically operated, placed or erected by authority of a public
30 body or official having jurisdiction, for the purpose of regulating, warning
31 or guiding traffic.
32 (6) "Trailer" means:
33 (a) General. Every vehicle without motive power designed for carrying
34 persons or property and for being drawn by a motor vehicle.
35 (b) Fifth-wheel trailer. A vehicular unit equipped in the same manner as
36 a travel trailer but constructed with a raised forward section that allows
37 a bi-level floor plan. This style is designed to be towed by a vehicle
38 equipped with a device known as a fifth-wheel hitch, which is typically
39 installed in the bed of a pickup truck.
40 (c) Fold down camping trailer. A vehicular portable unit mounted on
41 wheels and constructed with collapsible partial side walls, which fold for
42 towing by another vehicle and unfold at the campsite to provide temporary
43 living quarters, for recreational, camping or travel use.
44 (d) Park trailer. A trailer designed to be towed by a motorized vehicle,
45 and of such size and weight as not to require a special highway movement
46 permit. It is designed for seasonal or temporary living quarters and may
47 be connected to utilities necessary for operation of installed fixtures
48 and appliances. It is built on a single permanent chassis and constructed
49 to permit set up by persons without special skills.
50 (e) Pole trailer. Every vehicle without motive power designed to be drawn
51 by another vehicle and attached to the towing vehicle by means of a reach
52 or pole or by being boomed or otherwise secured to the towing vehicle, and
53 ordinarily used for transporting long or irregularly shaped loads such as
54 poles, pipes, or structural members capable, generally, of sustaining
55 themselves as beams between the supporting connections.
4
1 (f) Semitrailer. Every vehicle without motive power, designed for carry-
2 ing persons or property and for being drawn by a motor vehicle and so con-
3 structed that some part of its weight and that of its load rests upon or
4 is carried by the towing vehicle.
5 (g) Travel trailer. A vehicular unit, mounted on wheels designed to pro-
6 vide temporary living quarters for recreational, camping, travel or emer-
7 gency use and of such size or weight as not to require special highway
8 movement permits when towed by a motorized vehicle.
9 (h) Utility trailer. (See "Utility Trailer", section 49-122, Idaho Code)
10 (7) "Transitional ownership document" means a document used to perfect a
11 lien against creditors or subsequent purchasers when the primary ownership
12 document is not available and the selling dealer, new security interest holder
13 or their agent, to the best of their knowledge, will not have possession of
14 the primary ownership document, within twenty (20) days, and contains all of
15 the following:
16 (a) The date of sale or if no sale is involved, the date the contract or
17 security agreement being perfected was signed;
18 (b) The name and address of each owner of the vehicle;
19 (c) The name and address of each security interest holder;
20 (d) If there are multiple security interest holders, the priorities of
21 interest if the security interest holders do not jointly hold a single
22 security interest;
23 (e) The vehicle identification number;
24 (f) The name of the security interest holder or person who submits the
25 transitional ownership document for the security interest holder; and
26 (g) Any other information the department may require for its records.
27 (8) "Transportation"," for the purposes of chapter 22 of this title,
28 means the movement of any regulated quantity of hazardous material or hazard-
29 ous waste within, through, or to any destination in this state upon the high-
30 ways of this state.
31 (89) "Transporter" means every person engaged in the business of deliver-
32 ing vehicles of a type required to be registered from a manufacturing, assem-
33 bling or distributing plant to dealers or sales agents of a manufacturer,
34 except in chapter 22, where it means any person who transports a hazardous
35 material or hazardous waste within, through, or to any destination upon the
36 highways of this state.
37 (910) "Truck" means:
38 (a) Refuse/sanitation. Any vehicle designed and used solely for the pur-
39 pose of transporting refuse.
40 (b) General. Every motor vehicle exceeding eight thousand (8,000) pounds
41 gross weight designed, used or maintained primarily for the transportation
42 of property.
43 (c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross
44 weight or less which is designed, used or maintained primarily for the
45 transportation of property.
46 (d) Truck camper. A portable unit constructed to provide temporary living
47 quarters for recreational, travel or camping use, consisting of a roof,
48 floor, and sides, designed to be loaded onto and unloaded from the bed of
49 a pickup truck.
50 (e) Truck tractor. Every motor vehicle designed and used primarily for
51 drawing other vehicles but not so constructed as to carry a load other
52 than a part of the weight of the vehicle and load so drawn.
53 (101) "True mileage driven" means the mileage of the vehicle as registered
54 by the odometer within the manufacturer's designed tolerance.
5
1 SECTION 3. That Section 49-202, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's license
4 records in the office of the department shall be public records and open to
5 inspection by the public during normal business hours, except for those
6 records declared by law to be for the confidential use of the department, or
7 those records containing personal information subject to restrictions or con-
8 ditions regarding disclosure. If the department has contracted for a service
9 to be provided by another entity, an additional fee shall be charged by that
10 contractor whether the service is rendered during normal business hours, other
11 than normal business hours or on weekends.
12 (2) In addition to other fees required by law to be collected by the
13 department, the department shall collect the following:
14 (a) For certifying a copy of any record pertaining to any vehicle
15 license, any certificate of title, or any driver's license ......... $8.00
16 (b) For issuing every Idaho certificate of title .................. $8.00
17 (c) For furnishing a duplicate copy of any Idaho certificate of title
18 .................................................................... $8.00
19 (d) For issuance or transfer of every certificate of title on a new or
20 used vehicle or other titled vehicle in an expedited manner (rush titles),
21 in addition to any other fee required by this section ............. $15.00
22 (e) For recording a transitional ownership document, in addition to any
23 other fee required by this section..................................$15.00
24 (f) For furnishing a replacement of any receipt of registration ... $3.00
25 (fg) For furnishing copies of registration or ownership of motor vehicles
26 or driver's license records, per vehicle registration, accident report
27 records, title or per driver's license record ...................... $4.00
28 Additional contractor fee, not to exceed ........................... $4.00
29 (gh) For services in searching files of vehicle or other registrations,
30 vehicle titles, or driver's licenses per hour ..................... $10.00
31 (hi) Placing "stop" cards in vehicle registration or title files, each
32 ................................................................... $12.00
33 (ij) For issuance of an assigned or replacement vehicle identification
34 number (VIN) .......................................................$10.00
35 (jk) For a vehicle identification number (VIN) inspection whether con-
36 ducted by a city or county peace officer or any other peace officer or
37 designated agent of the state of Idaho, per inspection ............. $3.00
38 (kl) For all replacement registration stickers, each .............. $1.00
39 (lm) For issuing letters of temporary vehicle clearance to Idaho based
40 motor carriers .................................................... $10.00
41 (mn) For all sample license plates, each ......................... $12.00
42 (no) For filing release of liability statements ................... $2.00
43 (op) For safety and insurance programs for each vehicle operated by a
44 motor carrier ...................................................... $2.00
45 A lesser amount may be set by rule of the board.
46 (3) The fees required in this section shall not apply when the service is
47 furnished to any federal, state, county or city peace officer when such ser-
48 vice is required in the performance of their duties as peace officers.
49 (4) The department may enter into agreements with private companies or
50 public entities to provide the services for which a fee is collected in sub-
51 section (2)(fg) of this section. Such private contractor shall collect the fee
52 prescribed and remit the fee to the department. The contractor shall also col-
53 lect and retain the additional fee charged for his services.
54 (5) (a) The department shall pay three dollars ($3.00) of the fee col-
6
1 lected by a county assessor or other agent of the department as provided
2 in subsection (2)(a) through (f) of this section, and four dollars ($4.00)
3 as provided in subsection (2)(g), to the county assessor or sheriff of the
4 county or agent collecting such fee, which shall be deposited with the
5 county treasurer and credited to the county current expense fund. The
6 remainder of the fees collected as provided in that subsection shall be
7 paid by the department to the state treasurer and placed in the state
8 highway account.
9 (b) The fee collected under subsection (2)(jk) of this section for a VIN
10 inspection shall be placed in the city general fund if conducted by a city
11 peace officer, in the county current expense fund if conducted by a county
12 peace officer, shall be retained by the special agent authorized to per-
13 form the inspection, or paid to the state treasurer and placed to the
14 credit of the department of law enforcement if conducted by the Idaho
15 state police division or in the state highway account if conducted by the
16 department.
17 (c) The fee collected under subsection (2)(op) of this section for motor
18 carriers shall be paid by the department to the state treasurer and placed
19 in the state highway account. The director and the director of the depart-
20 ment of law enforcement shall jointly determine the amount to be trans-
21 ferred from the state highway account to the law enforcement account for
22 motor carrier safety programs conducted by the department of law enforce-
23 ment pursuant to the provisions of section 67-2901A, Idaho Code.
24 (6) The department as often as practicable may provide to law enforcement
25 agencies the record of suspensions and revocations of driver licenses via the
26 Idaho law enforcement telecommunications system (ILETS).
27 (7) The department shall provide the forms prescribed in chapter 5 of
28 this title, shall receive and file in its office in Boise, Idaho, all instru-
29 ments required in chapter 5 of this title to be filed with the department,
30 shall prescribe a uniform method of numbering certificates of title, and main-
31 tain in the department indices for such certificates of title. All indices
32 shall be by motor or identification number and alphabetical by name of the
33 owner.
34 (8) The department shall file each registration received under a distinc-
35 tive registration number assigned to the vehicle and to the owner thereof.
36 (9) The department shall not renew a driver's license or identification
37 card when fees required by law have not been paid or where fees for past
38 periods are due, owing and unpaid including nonsufficient fund checks, until
39 those fees have been paid.
40 (10) The department shall not grant the registration of a vehicle when:
41 (a) The applicant is not entitled to registration under the provisions of
42 this title; or
43 (b) The applicant has neglected or refused to furnish the department with
44 the information required in the appropriate form or reasonable additional
45 information required by the department, or has failed to comply with the
46 provisions of section 49-436, Idaho Code, in past registration periods; or
47 (c) The fees required by law have not been paid, or where fees for past
48 registration periods are due, owing and unpaid including nonsufficient
49 fund checks.
50 (11) The department or its authorized agents have the authority to request
51 any person, to submit to medical, vision, highway, or written examinations, to
52 protect the safety of the public upon the highways. The department or its
53 authorized agents may exercise such authority based upon evidence which may
54 include, but is not limited to, observations made.
55 (12) The department shall revoke the registration of any vehicle:
7
1 (a) Which the department shall determine is unsafe or unfit to be oper-
2 ated or is not equipped as required by law;
3 (b) Whenever the person to whom the registration card or registration
4 plate has been issued shall make or permit to be made any unlawful use of
5 the same or permit their use by a person not entitled thereto;
6 (c) For any violation of vehicle registration requirements by the owner
7 or operator in the current or past registration periods;
8 (d) Whenever a motor carrier requests revocation, or whenever an inter-
9 state carrier's federal operating authority has been revoked;
10 (e) For nonpayment by the owner or operator of the vehicle of use fees
11 computed under sections 49-434 and 49-435, Idaho Code;
12 (f) For failure of the owner or operator to file the reports required or
13 nonpayment of fees assessed against the owner by the department pursuant
14 to audit under the provisions of section 49-436, Idaho Code;
15 (g) Identified by any city or county administering a program established
16 by ordinance for the inspection and readjustment of motor vehicles (which
17 program is part of an approved state implementation plan adopted by both
18 the state and federal governments under 42 USC section 7410) as having
19 failed to comply with an ordinance requiring motor vehicle emission
20 inspection and readjustment; provided that no vehicle shall be identified
21 to the department under this subsection (g) unless (i) the city or county
22 certifies to the department that the owner of the motor vehicle has been
23 given notice and had the opportunity for a hearing concerning compliance
24 with the ordinance and has exhausted all remedies and appeals from any
25 determination made at such hearing; and (ii) the city or county reimburses
26 the department for all direct costs associated with the registration revo-
27 cation procedure.
28 (13) The department shall not reregister or permit a vehicle to operate on
29 a special trip permit until all fees, penalties and interest have been paid.
30 (14) The department shall institute educational programs, demonstrations,
31 exhibits and displays.
32 (15) The department shall cancel a driver's license or identification card
33 when fees required by law have not been paid or where fees are due, owing and
34 unpaid including nonsufficient fund checks, until those fees have been paid.
35 (16) The department shall examine persons and vehicles by written, oral,
36 vision and skills tests without compulsion except as provided by law.
37 (17) The department shall employ expert and special help as needed in the
38 department.
39 (18) The department shall compile accident statistics and disseminate
40 information relating to those statistics.
41 (19) The department shall cooperate with the United States in the elimina-
42 tion of road hazards, whether of a physical, visual or mental character.
43 (20) The department shall place and maintain traffic-control devices, con-
44 forming to the board's manual and specifications, upon all state highways as
45 it shall deem necessary to indicate and to carry out the provisions of this
46 title or to regulate, warn, or guide traffic. No local authority shall place
47 or maintain any traffic-control device upon any highway under the jurisdiction
48 of the department except by the latter's permission, except where the duly
49 elected officials of an incorporated city have established speed limits lower
50 than those set by the department on the portion of state highways, excluding
51 controlled-access and interstate highways, that pass through residential,
52 urban or business districts within the jurisdiction of the incorporated city.
53 The placement and maintenance of such a traffic-control device by a local
54 authority shall be made according to the board's manual and specifications for
55 a uniform system of traffic-control devices.
8
1 (21) The department may conduct an investigation of any bridge or other
2 elevated structure constituting a part of a highway, and if it shall find that
3 the structure cannot with safety to itself withstand vehicles traveling at a
4 speed otherwise permissible under this title, shall determine and declare the
5 maximum speed of vehicles which the structure can safely withstand, and shall
6 cause or permit suitable signs stating the maximum speed to be erected and
7 maintained before each end of the structure.
8 (22) Whenever the department shall determine on the basis of an engineer-
9 ing and traffic investigation that slow speeds on any highway or part of a
10 highway impede the normal and reasonable movement of traffic, the department
11 may determine and declare a minimum speed limit below which no person shall
12 drive a vehicle except when necessary for safe operation or in compliance with
13 law, and that limit shall be effective when posted upon appropriate fixed or
14 variable signs, except in cases where the duly elected officials of an incor-
15 porated city have established speed limits lower than those set by the
16 department on portions of state highways, excluding controlled-access and
17 interstate highways, that pass through residential, urban or business dis-
18 tricts within the jurisdiction of the incorporated city.
19 (23) The department shall regulate or prohibit the use of any controlled-
20 access highway by any class or kind of traffic which is found to be incompati-
21 ble with the normal and safe movement of traffic.
22 (24) The department shall erect and maintain traffic-control devices on
23 controlled-access highways on which any prohibitions are applicable.
24 (25) Wherever a highway crosses one (1) or more railroads at grade, the
25 department or local authorities within their respective jurisdictions shall
26 place and maintain stop signs, directing vehicular traffic approaching the
27 crossing to come to a full stop prior to entering the crossing at all railroad
28 crossings where electric or mechanical warning signals do not exist. Placement
29 of these stop signs shall be mandatory except when in the determination of
30 public highway agencies the existence of stop signs at a given crossing would
31 constitute a greater hazard than their absence based on a recognized engineer-
32 ing study.
33 Nothing in this subsection shall be construed as granting immunity to any
34 railroad company as to liability, if any, for an accident which might occur at
35 a crossing where stop signs are erected and in place, but liability, if any,
36 shall be determined as provided by law. Liability on the part of governmental
37 authorities on account of absence of any stop sign at a crossing shall be
38 determined as provided by law.
39 (26) The department and local authorities are authorized to determine
40 those portions of any highway under their respective jurisdictions where over-
41 taking and passing or driving on the left side of the roadway would be espe-
42 cially hazardous and may by appropriate signs or markings on the roadway indi-
43 cate the beginning and end of those zones and when signs or markings are in
44 place and clearly visible to an ordinarily observant person, every driver of
45 a vehicle shall obey those directions.
46 (27) The department and local authorities in their respective jurisdic-
47 tions may in their discretion issue special permits authorizing the operation
48 upon a highway of traction engines or tractors having movable tracks with
49 transverse corrugations upon the periphery of the movable tracks or farm trac-
50 tors or other farm machinery, the operation of which upon a highway would
51 otherwise be prohibited under this title or title 40, Idaho Code.
52 (28) The department and local highway authorities within their respective
53 jurisdictions may place official traffic-control devices prohibiting, limiting
54 or restricting the stopping, standing or parking of vehicles on any highway
55 where such stopping, standing or parking is dangerous to those using the high-
9
1 way or where the stopping, standing or parking of vehicles unduly interferes
2 with the free movement of traffic thereon.
3 (29) On any informational material printed after July 1, 1995, by or at
4 the order of the department and distributed to counties, school districts or
5 individuals for the purpose of assisting a person to successfully pass a
6 driver's license test, the department shall include material about the state's
7 open range law and responsibilities, liabilities and obligations of drivers
8 driving in the open range.
9 SECTION 4. That Section 49-425, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-425. LOST CERTIFICATE OR LICENSE PLATE -- DUPLICATES. In the event
12 that any license plate or registration card issued pursuant to the provisions
13 of this chapter shall be lost, mutilated, or become illegible, the person to
14 whom the plate or registration card is issued shall make immediate application
15 for and obtain a duplicate or replacement upon furnishing information of fact
16 satisfactory to the department and upon payment of the required fees. The fee
17 for duplicate or replacement plates is provided in section 49-450 and section
18 49-202(2)(ef), Idaho Code, for a replacement registration card.
19 SECTION 5. That Section 49-1817, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 49-1817. FEE TO ACCOMPANY INFORMATION REQUEST. Upon the filing of a
22 request for title and registration information on an abandoned vehicle, the
23 department shall receive a fee in accordance with section 49-202(2)(fg), Idaho
24 Code.
25 SECTION 6. This act shall be in full force and effect on and after Janu-
26 ary 1, 2001.
STATEMENT OF PURPOSE
RS 09687C2
The purpose of this legislation is to create a transitional ownership document process, as
a means for security interests to be perfected in a timely manner when the primary
ownership document is not available. An effective date of January 1, 2001 is proposed.
FISCAL IMPACT
Revenue Forecast:
At a volume of 16,800 Transitional ownership Records per year, the expected revenue is
$252,000 per year. Of this amount $201,600 would go to the State Highway Account,
and $50,400 would go to county current expense funds.
Expected revenue on the estimated volume of transactions would be broken down as
follows:
FY2001 FY200
SHA $100,800 $201,600 (and thereafter)
County Exp Fund $ 25,200 $ 50,400 (and thereafter)
Totals $121,600 $252,000
An estimated 425 hours of programming time is needed at an expected one-time cost of
$27,625 (425 hours times $65 per hour). One FTE will be needed, plus program related
operating (postage and accountable equipment) and capital (office equipment/computer
funds.
FY2001 FY2002
Personnel: (IFTE) $ 15,200 $ 30,400 (on-going)
Operating: $ 300 $ 600 (on-going)
$ 28,100 $ 0 (one time)
Capital: $ 2,200 $ 0 (one time)
Totals $ 45,800 $31,000
Contact
Name: Rep. Randy HANSEN
Phone: 208/332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 589