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S1016.....................................................by TRANSPORTATION
MOTOR VEHICLES - VESSELS - Amends existing law to provide for internal
consistency; to update to current practices; and to clarify certain
provisions of motor vehicle and vessel titling laws.
01/17 Senate intro - 1st rdg - to printing
01/18 Rpt prt - to Transp
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 32-0-3
AYES -- Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Richardson, Risch,
Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler,
Whitworth, Williams,
NAYS -- None
Absent and excused -- Andreason, Danielson, Noh
Floor Sponsor -- Keough
Title apvd - to House
02/21 House intro - 1st rdg - to Transp
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 61-0-9
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Jaquet, Kellogg,
Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague,
Montgomery Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stone, Swan(Block) Trail, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Campbell, Gagner, Henbest, Jones, Meyer,
Mortensen, Tilman, Wheeler, Wood
Floor Sponsor -- Smith
Title apvd - to Senate
03/16 To enrol
03/19 Rpt enrol - Pres signed
03/20 Sp signed
03/21 To Governor
03/22 Governor signed
Session Law Chapter 73
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1016
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO MOTOR VEHICLES AND VESSELS; AMENDING SECTION 49-114, IDAHO CODE,
3 TO REVISE THE DEFINITION OF "MOPED" TO PROVIDE THAT THE CYCLE SHALL HAVE
4 BOTH MOTORIZED AND PEDAL PROPULSION; AMENDING SECTION 49-407, IDAHO CODE,
5 TO LIMIT USE OF YEAR OF MANUFACTURE MOTOR VEHICLE LICENSE PLATES TO MODEL
6 YEARS UP TO AND THROUGH 1974 AND TO PROVIDE FOR DISTRIBUTION OF REVENUES;
7 AMENDING SECTIONS 49-408 AND 49-409, IDAHO CODE, TO PROVIDE FOR DISTRIBU-
8 TION OF REVENUES; AMENDING SECTION 49-411, IDAHO CODE, TO PROVIDE CORRECT
9 TERMINOLOGY; AMENDING SECTIONS 49-414, 49-417B, 49-418B AND 49-419A, IDAHO
10 CODE, TO PROVIDE FOR DISTRIBUTION OF REVENUES; AMENDING SECTION 49-420B,
11 IDAHO CODE, TO PROVIDE THAT LEWIS AND CLARK COMMEMORATIVE LICENSE PLATES
12 MAY NOT BE ISSUED TO ANY VEHICLE WITH A REGISTERED MAXIMUM GROSS WEIGHT
13 OVER TWENTY-SIX THOUSAND POUNDS; AMENDING SECTION 49-434, IDAHO CODE, TO
14 CLARIFY THAT WRECKERS SHALL BE REGISTERED AT THEIR UNLADEN WEIGHT; AMEND-
15 ING SECTION 49-443, IDAHO CODE, TO PROVIDE THAT COUNTY ASSESSORS SHALL
16 FURNISH UNIQUELY-NUMBERED REGISTRATION STICKERS TO VALIDATE DUPLICATE OR
17 SUBSTITUTE LICENSE PLATES; AMENDING SECTION 49-501A, IDAHO CODE, TO CLAR-
18 IFY THAT TITLING OF VEHICLES INCLUDES TITLING OF VESSELS UNLESS OTHERWISE
19 PROVIDED; AMENDING SECTION 49-506, IDAHO CODE, TO PROVIDE THAT RECORDS
20 PERTAINING TO CERTIFICATES OF TITLE MAY BE DESTROYED AFTER TWENTY YEARS;
21 AMENDING SECTION 49-510, IDAHO CODE, TO PROVIDE THAT AN AGENT OF A LIEN-
22 HOLDER MAY ACT ON BEHALF OF A LIENHOLDER WHEN FILING DOCUMENTS REQUIRED BY
23 THE IDAHO TRANSPORTATION DEPARTMENT; AMENDING SECTION 49-524, IDAHO CODE,
24 TO PROVIDE THAT SALVAGE CERTIFICATES SHALL NOT BE ISSUED FOR VESSELS;
25 AMENDING SECTION 67-7039, IDAHO CODE, TO PROVIDE THAT THE TERM "VESSEL"
26 SHALL BE INTERCHANGEABLE WITH THE TERM "VEHICLE" UNLESS OTHERWISE PRO-
27 VIDED; AMENDING SECTION 67-7040, IDAHO CODE, TO PROVIDE THAT DRIFTBOATS
28 ARE EXEMPT FROM VESSEL TITLING; AND AMENDING SECTION 67-7041, IDAHO CODE,
29 TO PROVIDE THAT AN AGENT OF A LIENHOLDER MAY ACT ON BEHALF OF A LIENHOLDER
30 WHEN FILING DOCUMENTS REQUIRED BY THE IDAHO TRANSPORTATION DEPARTMENT AND
31 TO MAKE A TECHNICAL CORRECTION.
32 Be It Enacted by the Legislature of the State of Idaho:
33 SECTION 1. That Section 49-114, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 49-114. DEFINITIONS -- M.
36 (1) "Major component part" means a rear clip, cowl, frame or inner struc-
37 ture forward of the cowl, body, cab, front end assembly, front clip or such
38 other part which is critical to the safety of the vehicle.
39 (2) "Manifest" means a form used for identifying the quantity, composi-
40 tion, origin, routing, waste or material identification code and destination
41 of hazardous material or hazardous waste during any transportation within,
42 through, or to any destination in this state.
43 (3) "Manufactured home." (See section 39-4105, Idaho Code)
2
1 (4) "Manufacturer" means every person engaged in the business of con-
2 structing or assembling vehicles of a type required to be registered at an
3 established place of business in this state. The term, for purposes of sec-
4 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall
5 include a distributor and other factory representatives.
6 (5) "Manufacturer's year designation" means the model year designated by
7 the vehicle manufacturer, and not the year in which the vehicle is, in fact,
8 manufactured.
9 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped
10 for operation, to which shall be added the maximum load to be carried as
11 declared by the owner in making application for registration. When a vehicle
12 against which a registration fee is assessed is a combination of vehicles, the
13 term "maximum gross weight" means the combined maximum gross weights of all
14 vehicles in the combination.
15 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code)
16 (8) "Moped" means a limited-speed motor-driven cycle which having both
17 motorized and pedal propulsion that is not capable of propelling the vehicle
18 at a speed in excess of thirty (30) miles per hour on level ground, whether
19 two (2) or three (3) wheels are in contact with the ground during operation.
20 If an internal combustion engine is used, the displacement shall not exceed
21 fifty (50) cubic centimeters and the moped shall have a power drive system
22 that functions directly or automatically without clutching or shifting by the
23 operator after the drive system is engaged.
24 (9) "Motorcycle" means every motor vehicle having a seat or saddle for
25 the use of the rider and designed to travel on not more than three (3) wheels
26 in contact with the ground, but excluding a tractor and moped.
27 (10) "Motor carrier" means an individual, partnership, corporation or
28 other legal entity engaged in the transportation by motor vehicle of persons
29 or property in the furtherance of a business or for hire.
30 (11) "Motor home" means a vehicular unit designed to provide temporary
31 living quarters, built into an integral part or permanently attached to a
32 self-propelled motor vehicle chassis. The vehicle must contain permanently
33 installed independent life support systems which meet the American National
34 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro-
35 vide at least four (4) of the following facilities: cooking, refrigeration or
36 ice box, self-contained toilet, heating and/or air conditioning, a potable
37 water supply system, including a faucet and sink, separate 110-125 volt elec-
38 trical power supply and/or LP-gas supply.
39 (12) "Motorized wheelchair" means a motor vehicle with a speed not in
40 excess of eight (8) miles per hour, designed for and used by a handicapped
41 person.
42 (13) "Motor number." (See "Identifying number," section 49-110, Idaho
43 Code)
44 (14) "Motor vehicle." (See "Vehicle," section 49-123, Idaho Code)
45 (15) "Motor vehicle liability policy" means an owner's or operator's pol-
46 icy of liability insurance, certified as provided in section 49-1210, Idaho
47 Code, as proof of financial responsibility, and issued by an insurance carrier
48 duly authorized to transact business in this state, to or for the benefit of
49 the person named therein as insured.
50 (16) "Motor vehicle record" means any record that pertains to a motor
51 vehicle registration, motor vehicle title or identification documents or other
52 similar credentials issued by the department or other state or local agency.
53 SECTION 2. That Section 49-407, Idaho Code, be, and the same is hereby
54 amended to read as follows:
3
1 49-407. YEAR OF MANUFACTURE PLATE. Pursuant to rules of the department,
2 any person who is the owner of a motor vehicle thirty (30) years or older with
3 any model year up to and through 1974 which is registered under section
4 49-402(1), Idaho Code, or section 49-434(1), Idaho Code, may display on the
5 rear of the vehicle an authentic Idaho plate manufactured in the same year as
6 with a painted or embossed year matching the model year of the vehicle. The
7 provisions of this section shall not apply to any vehicle with a registered
8 maximum gross weight over twenty-six thousand (26,000) pounds.
9 In addition to the regular registration fees required in sections
10 49-402(1), and 49-434(1), Idaho Code, the applicant shall pay the initial pro-
11 gram fee and the annual program fee specified in section 49-402, Idaho Code.
12 All revenues from the initial program fee and the annual program fee shall be
13 deposited in the state highway account.
14 SECTION 3. That Section 49-408, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 49-408. STREET ROD. (1) Any motor vehicle manufactured prior to the year
17 1949, or designed and manufactured to resemble such a vehicle and which has
18 been certified as a street rod may be registered as a street rod under the
19 provisions of this section. However, the provisions of this section shall not
20 apply to any vehicle with a registered maximum gross weight over twenty-six
21 thousand (26,000) pounds.
22 (2) Any street rod shall have all equipment in operating condition which
23 was specifically required by law as a condition for its first sale after manu-
24 facture. No law requiring any particular equipment or specifying any standards
25 to be met by motor vehicles shall apply to street rods unless it so specifi-
26 cally states.
27 (3) Upon receipt of an application on a form prescribed by the department
28 for a special street rod automobile plate, accompanied by other documentation
29 required in this section, the department shall issue to the applicant a spe-
30 cial street rod automobile plate which shall be displayed on the rear of the
31 vehicle. The registration certificate need not specify the weight of the
32 street rod, and the plate issued shall bear no date but shall bear the
33 inscription "Street Rod," "Idaho," a picture of a 1929 highway roadster, and
34 the registration number issued for the street rod, and the plate shall be
35 valid upon annual renewal under section 49-402 or 49-434(1), Idaho Code, as
36 long as the vehicle is in existence. The plate will be issued for the
37 applicant's use only for the particular vehicle, and in the event of a trans-
38 fer of title, the transferor may hold the plate and transfer it to another
39 qualifying street rod.
40 (4) In addition to the regular registration fees required in section
41 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial pro-
42 gram fee and the annual program fee specified in section 49-402, Idaho Code.
43 All revenues from the initial program fee and the annual program fee shall be
44 deposited in the state highway account.
45 (5) The department has the power to revoke any registration issued under
46 this section for cause shown for failure of the applicant to comply with the
47 provisions of this section.
48 SECTION 4. That Section 49-409, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 49-409. PERSONALIZED LICENSE PLATES. (1) Any person who is the owner of a
51 vehicle registered under section 49-402 or 49-434(1), Idaho Code, may apply to
4
1 the department for personalized license plates in lieu of regular numbered
2 plates except that this provision shall not apply to a vehicle registered
3 under section 49-434(1), Idaho Code, with a maximum gross weight over twenty-
4 six thousand (26,000) pounds or any vehicle registered under section 49-435,
5 Idaho Code. In addition to the regular registration fees required in section
6 49-402(1) and (2), section 49-422, and section 49-434(1), Idaho Code, the
7 applicant shall pay the initial program fee and the annual program fee speci-
8 fied in section 49-402, Idaho Code. All revenues from the initial program fee
9 and the annual program fee shall be deposited in the state highway account.
10 The personalized license plates shall be of the same color and design as other
11 license plates, and shall consist of numbers or letters, or any combination
12 thereof, not exceeding seven (7) positions. No more than one (1) particular
13 combination of letters and numbers shall be in existence at any one (1) time.
14 The form for application of the plates will be as prescribed by the director
15 who, at his discretion, may refuse to issue the plates.
16 (2) When personalized license plates are issued for a vehicle, the regu-
17 lar license plates for that vehicle belong to the registrant and may be trans-
18 ferred to another vehicle owned by the personalized plate applicant.
19 SECTION 5. That Section 49-411, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 49-411. DEALER AND MANUFACTURER PLATE -- FEES. (1) Any person conducting
22 the business of manufacturing, buying, selling or dealing in vehicles, and
23 licensed as a manufacturer of or a dealer in vehicles, and owning and operat-
24 ing any such vehicle upon any highway may, in lieu of registering each vehicle
25 obtain from the department upon application on the proper form and payment of
26 the required fee, and attach to each vehicle, one (1) number plate as required
27 for different classes of vehicles in section 49-434, Idaho Code. The special
28 number plate shall bear a distinctive number assigned to the manufacturer or
29 dealer, the name of this state, which may be abbreviated, and the year for
30 which the plate is issued, together with words which may be abbreviated or a
31 distinguishing symbol indicating that the plate is issued to a manufacturer or
32 dealer.
33 (2) The fee for to validate a dealer or manufacturer number plate or reg-
34 istration sticker shall be twelve dollars ($12.00) for each plate or valida-
35 tion sticker.
36 (3) All such fees shall be paid to the state treasurer and deposited to
37 the state highway account.
38 SECTION 6. That Section 49-414, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 49-414. LEGISLATIVE LICENSE PLATES -- FEES. (1) Special legislative
41 license plates shall be issued by the department upon application and payment
42 of the required fees. Each legislator is eligible to register and receive spe-
43 cial license plates for one (1) vehicle whose registered maximum gross weight
44 does not exceed twenty-six thousand (26,000) pounds. The registration period
45 shall be for one (1) year, from January 1 through December 31, and may be
46 renewed, as long as the legislator holds office. The plates shall bear either
47 the inscription "House" or "Senate," shall contain a consecutive numbering
48 from one (1) through the maximum number of members in each body with the num-
49 bers to be assigned by the speaker of the house of representatives and the
50 president pro tempore of the senate, and shall otherwise comply with the pro-
51 visions of section 49-443, Idaho Code.
5
1 (2) In addition to the regular registration fees required in section
2 49-402(1) or 49-434(1), Idaho Code, the applicant shall pay the initial pro-
3 gram fee and the annual program fee as specified in section 49-402, Idaho
4 Code. All revenues from the initial program fee and the annual program fee
5 shall be deposited in the state highway account.
6 SECTION 7. That Section 49-417B, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 49-417B. IDAHO AGRICULTURE PLATES. (1) On and after January 1, 2000, any
9 person who is the owner of a vehicle registered under the provisions of sec-
10 tion 49-402 or 49-434(1), Idaho Code, may apply for Idaho agriculture plates.
11 The provisions of this section shall not apply to any vehicle with a regis-
12 tered maximum gross weight over twenty-six thousand (26,000) pounds. Avail-
13 ability of Idaho agriculture plates for other vehicles may be authorized by
14 rule of the board.
15 (2) In addition to the regular operating fee, the applicant shall be
16 charged a fee of thirty-five dollars ($35.00) for the initial issuance of the
17 plates, and twenty-five dollars ($25.00) upon each succeeding annual registra-
18 tion. Ten dollars ($10.00) of the initial fee and ten dollars ($10.00) of the
19 renewal fee shall be deposited in the state highway account and shall be used
20 to fund the cost of the administration of this special license plate program.
21 Twenty-five dollars ($25.00) of each initial fee and fifteen dollars ($15.00)
22 of each renewal fee shall be transferred by the state treasurer to the ag in
23 the classroom account created by the provisions of section 57-815, Idaho Code.
24 (3) Whenever title or interest in a vehicle registered under the provi-
25 sions of this section is transferred or assigned, the owner may transfer the
26 special plates to another vehicle upon payment of the required transfer fees.
27 The owner may only display the plates after receipt of new registration from
28 the department.
29 (4) The Idaho agriculture license plate shall be of a color and design in
30 accordance with the provisions of section 49-402C, Idaho Code. That portion of
31 the design which features Idaho agriculture shall be acceptable to the Food
32 Producers of Idaho, Inc. and shall be approved by the department utilizing a
33 numbering system as determined by the department. Initial costs of the plate
34 program, including the cost of plate design, shall be paid from the ag in the
35 classroom account.
36 (5) Sample Idaho agriculture plates may be purchased from the department
37 for a fee of thirty dollars ($30.00), twelve ten dollars ($120.00) of which
38 shall be deposited in the state highway account and eighteen twenty dollars
39 ($1820.00) of which shall be transferred to the ag in the classroom account.
40 SECTION 8. That Section 49-418B, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 49-418B. IDAHO YOUTH PLATES. (1) On or after January 1, 2000, any person
43 who is the owner of a vehicle registered under the provisions of section
44 49-402, Idaho Code, or registered under any other section of law for which the
45 purchase of special plates is allowed, may apply for and upon department
46 approval receive special Idaho youth license plates in lieu of regular license
47 plates. The provisions of this section shall not apply to any vehicle with a
48 registered maximum gross weight over twenty-six thousand (26,000) pounds.
49 Availability of Idaho youth plates for other vehicles shall be subject to the
50 rules, policies and procedures of the department.
51 (2) In addition to the regular registration fee required in chapter 4,
6
1 title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dol-
2 lars ($35.00) for the initial issuance of the plates, and twenty-five dollars
3 ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the
4 initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in
5 the state highway account and shall be used to fund the cost of the adminis-
6 tration of this special license plate program. Twenty-five dollars ($25.00) of
7 each initial fee and fifteen dollars ($15.00) of each renewal fee shall be
8 transferred by the county assessor's motor vehicle registration division of
9 each county into the youth programs fund of the sheriff of that county, for
10 use in implementation of prevention and early intervention programs for
11 Idaho's at-risk youth including, but not limited to: (a) providing mentoring
12 programs, (b) creating safe places and structured activities in nonschool
13 hours, (c) fostering good health, (d) developing effective education opportu-
14 nities for marketable career skills, and (e) providing an opportunity for
15 youth to give back to their community.
16 (3) Whenever title or interest in a vehicle registered under the provi-
17 sions of this section is transferred or assigned, the owner may transfer the
18 special plates to another vehicle upon payment of the required transfer fees.
19 The owner may only display the plates on another vehicle upon receipt of the
20 new registration from the department.
21 (4) The Idaho youth license plate shall be of a color and design compara-
22 ble to the standard issue of license plates with blue numerals on a red, white
23 and blue background, except that the word "Idaho" shall appear on each plate
24 and the county designator shall be omitted to provide for distinguishing
25 designs and slogans, acceptable to the Idaho association of counties, to be
26 added to the plate. The design shall be approved by the department and shall
27 utilize a numbering system as determined by the department. Initial costs of
28 the plate program, including costs of plate design, shall be paid by the Idaho
29 association of counties.
30 (5) Sample Idaho youth license plates may be purchased for a fee of
31 thirty dollars ($30.00), twelve ten dollars ($120.00) of which shall be depos-
32 ited in the state highway account and eighteen twenty dollars ($1820.00) of
33 which shall be deposited in the sheriff's youth program fund of the county
34 where the plate was purchased for the implementation of youth programs for at-
35 risk youth. No additional fee shall be charged for personalizing sample
36 plates.
37 SECTION 9. That Section 49-419A, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 49-419A. IDAHO SAWTOOTH NATIONAL RECREATION AREA PLATES. (1) On and after
40 January 1, 2000, any person who is the owner of a vehicle registered under the
41 provisions of section 49-402, Idaho Code, or registered under any other sec-
42 tion of law for which the purchase of special plates is allowed, may apply for
43 and upon department approval receive Idaho sawtooth national recreation area
44 license plates in lieu of regular license plates. The provisions of this sec-
45 tion shall not apply to any vehicle with a registered maximum gross weight
46 over twenty-six thousand (26,000) pounds. Availability of Idaho sawtooth
47 national recreation area plates for other vehicles shall be subject to the
48 rules, policies and procedures of the department.
49 (2) In addition to the regular registration fees required in chapter 4,
50 title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dol-
51 lars ($35.00) for the initial issuance of the plates, and twenty-five dollars
52 ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of
53 the initial fee and ten dollars ($10.00) of the renewal fee shall be deposited
7
1 in the state highway account and shall be used to fund the cost of administra-
2 tion of this special license plate program. Twenty-five dollars ($25.00) of
3 each initial fee and fifteen dollars ($15.00) of each renewal fee shall be
4 deposited by the state treasurer in the park and recreation fund established
5 in section 67-4225, Idaho Code, for use in the maintenance of parks and facil-
6 ities. This fee shall be treated as a contribution to the outdoor recreation
7 program and shall not be considered a motor vehicle registration fee as
8 described in section 17, article VII, of the constitution of the state of
9 Idaho.
10 (3) Whenever title or interest in a vehicle registered under the provi-
11 sions of this section is transferred or assigned, the owner may transfer the
12 special plates to another vehicle upon payment of the required transfer fees.
13 The owner may only display the plates on another vehicle upon receipt of the
14 new registration from the department.
15 (4) The Idaho sawtooth national recreation area license plate design
16 shall be of a color and design in accordance with the provisions of section
17 49-402C, Idaho Code. That portion of the design which features the Idaho
18 sawtooth national recreation area shall be acceptable to the sawtooth society
19 and shall be approved by the department utilizing a numbering system as deter-
20 mined by the department. Initial costs of the plate program, including the
21 cost of the plate design, shall be paid by the sawtooth society.
22 (5) Sample Idaho sawtooth national recreation area plates may be pur-
23 chased from the department for a fee of thirty dollars ($30.00), twelve ten
24 dollars ($120.00) of which shall be deposited in the state highway account and
25 eighteen twenty dollars ($1820.00) of which shall be deposited by the state
26 treasurer in the park and recreation fund for use in the maintenance of parks
27 and facilities. No additional fee shall be charged for personalizing sample
28 plates.
29 SECTION 10. That Section 49-420B, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 49-420B. LEWIS AND CLARK COMMEMORATIVE PLATES. (1) On and after January
32 1, 2001, any person who is the owner of a vehicle registered under the provi-
33 sions of section 49-402, Idaho Code, or registered under any other section of
34 law for which the purchase of special plates is allowed, may apply for and,
35 upon department approval, receive special Lewis and Clark commemorative plates
36 in lieu of regular license plates. The provisions of this section shall not
37 apply to any vehicle with a registered maximum gross weight over sixteen
38 twenty-six thousand (126,000) pounds. Availability of Lewis and Clark commemo-
39 rative plates for other vehicles shall be subject to the rules, policies and
40 procedures of the department.
41 (2) In addition to the regular registration fee required in chapter 4,
42 title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dol-
43 lars ($35.00) for the initial issuance of plates, and twenty-five dollars
44 ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the
45 initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in
46 the state highway account and shall be used to fund the cost of administration
47 of this special license plate program. Twenty-five dollars ($25.00) of each
48 initial fee and fifteen dollars ($15.00) of each renewal fee shall be trans-
49 ferred by the state treasurer for deposit to the governor's Idaho Lewis and
50 Clark trail committee fund created in section 67-8601, Idaho Code, and shall
51 be used exclusively for the purposes described in section 67-8601, Idaho Code.
52 (3) Whenever title or interest in a vehicle registered under the provi-
53 sions of this section is transferred or assigned, the owner may transfer the
8
1 special plates to another vehicle upon payment of the required transfer fees.
2 The owner may only display the plates on another vehicle upon receipt of the
3 new registration from the department.
4 (4) The Lewis and Clark commemorative license plate shall be of a color
5 and design in accordance with the provisions of section 49-402C, Idaho Code.
6 That portion of the design which features Lewis and Clark and other commemora-
7 tive aspects of their trail and journeys shall be acceptable to the governor's
8 Lewis and Clark advisory board, and shall be approved by the department uti-
9 lizing a numbering system as determined by the department. Initial costs of
10 the plate program, including costs of plate design, shall be paid from the
11 Lewis and Clark trail committee fund.
12 (5) Sample Lewis and Clark commemorative license plates may be purchased
13 for a fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be
14 deposited in the state highway account and twenty dollars ($20.00) of which
15 shall be transferred to the governor's Idaho Lewis and Clark trail committee
16 fund. No additional fee shall be charged for personalizing sample plates.
17 SECTION 11. That Section 49-434, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 49-434. OPERATING FEES. (1) There shall be paid on all commercial vehi-
20 cles, noncommercial vehicles, and on all farm vehicles having a maximum gross
21 weight not in excess of sixty thousand (60,000) pounds, an annual registration
22 fee in accordance with the following schedule.
23 Unladen Weight for Wreckers Annual Registration Fee
24 Maximum Gross Weight Noncommercial and Commercial
25 For Other Vehicles (Pounds) Farm Vehicles Vehicles
26 and Wreckers
27 8,001-16,000 inc. .....................$ 48.00 $ 48.00
28 16,001-26,000 inc. ..................... 61.08 143.40
29 26,001-30,000 inc. ..................... 91.68 223.80
30 30,001-40,000 inc. ..................... 130.08 291.60
31 40,001-50,000 inc. ..................... 188.28 360.00
32 50,001-60,000 inc. ..................... 311.88 515.40
33 (2) There shall be paid on all commercial vehicles, irrespective of body
34 type, and on all farm vehicles having a maximum gross weight in excess of
35 sixty thousand (60,000) pounds, an annual registration fee in the amount pre-
36 scribed by subsection (8) of this section, as applicable.
37 (3) In addition, the annual registration fee for trailers shall be:
38 (a) Trailer or semitrailer in a combination of vehicles ...........$15.00
39 (b) Rental utility trailer with a gross weight of two thousand (2,000)
40 pounds or less ......................................................$8.00
41 (c) Rental utility trailer with a gross weight over two thousand (2,000)
42 pounds .............................................................$15.00
43 (4) As an option to the trailer and semitrailer annual registration, the
44 department may provide extended registration.
45 (a) For trailers and semitrailers, the optional extended-registration
46 period shall not extend beyond seven (7) years.
47 (b) The fee shall be fifteen dollars ($15.00) for each year.
48 (c) The license plate originally issued shall remain on the trailer or
49 semitrailer until the registration expires.
50 (d) The registration document shall be the official record of the status
51 of the extended registration. No pressure-sensitive validation sticker
52 shall be required.
53 (e) For rental utility trailers, the optional registration period shall
9
1 not extend beyond five (5) years. The fee shall be as specified in subsec-
2 tion (3)(b) or (c) of this section. A pressure-sensitive sticker shall be
3 used to validate the license plate. The license plate shall become void if
4 the owner's interest in the rental utility trailer changes during the five
5 (5) year period. If the owner fails to enter the rental utility trailer on
6 the annual renewal application during the five (5) year period, the regis-
7 tration record shall be purged. Any unrenewed plate shall be returned to
8 the department if it is not entered on the renewal application.
9 (5) A fleet registration option is available to owners who have twenty-
10 five (25) or more commercial or farm vehicles or any combination thereof. Such
11 owners may register all of their company vehicles with the department in lieu
12 of registering with a county assessor. To qualify the fleet must be owned and
13 operated under the unified control of one (1) person and the vehicles must be
14 physically garaged and maintained in two (2) or more counties. Fleet registra-
15 tion shall not include fleets of rental vehicles. The department shall provide
16 a registration application to the owner and the owner shall provide all infor-
17 mation that the department determines is necessary. The department shall
18 devise a special license plate numbering system for fleet-registered vehicles
19 as an alternative to county license plates. The fleet registration application
20 and all subsequent registration renewals shall include the physical address
21 where a vehicle is principally used, garaged and maintained. The fleet owner
22 shall report the physical address to the department upon initial registration,
23 on each renewal, and at any time a vehicle registered under this option is
24 permanently transferred to another location.
25 (6) If the ownership of a vehicle changes during the registration period,
26 the original owner may transfer the plate to another vehicle. The remaining
27 fee shall be credited against the cost of the new registration. Refunds may be
28 given for any unexpired portion of the vehicle registration fee if the plate
29 is not transferred by the owner to another vehicle. Any request for refund
30 shall include surrender of the license plate, validation sticker and registra-
31 tion document. Owners of vehicles registered under the international registra-
32 tion plan may request a refund of the unexpired portion of the Idaho vehicle
33 registration fee by presenting evidence from the base jurisdiction that the
34 license plate, validation sticker and registration document have been surren-
35 dered. A license plate shall not be transferred to another owner when the own-
36 ership of a vehicle changes. The owner shall obtain a replacement plate, vali-
37 dation sticker if required, and a registration document when a plate is lost,
38 destroyed or becomes illegible.
39 (7) An administrative fee of four dollars ($4.00) shall be paid and
40 deposited to the state highway account on all registrations completed by the
41 department under subsection (1) or (8)(a) of this section. Vehicles registered
42 under subsection (8)(b) of this section shall pay the fee provided in section
43 49-435(2), Idaho Code.
44 (8) There shall be paid on all commercial and farm vehicles having a max-
45 imum gross weight in excess of sixty thousand (60,000) pounds, a registration
46 fee based upon the maximum gross weight of a vehicle as declared by the owner
47 and the total number of miles driven on roads and highways in the state,
48 county, city and highway district systems in Idaho, and if registered under
49 the international registration plan (IRP), in all other jurisdictions. The
50 appropriate registration fee shall be determined as follows:
51 (a) If the owner registers vehicles under the international registration
52 plan (IRP), the appropriate mileage column shall be determined by the
53 total miles an owner operated a fleet of vehicles on roads and highways in
54 the state, county, city and highway district systems in Idaho and in all
55 other jurisdictions in the preceding year, as defined in section 49-117,
10
1 Idaho Code, and by the maximum gross weight of each vehicle within a
2 fleet.
3 (b) If the owner registers vehicles under the international registration
4 plan and determines that the average international registration plan fleet
5 miles, calculated by dividing the total IRP fleet miles in all jurisdic-
6 tions by the number of registered vehicles, is less than fifty thousand
7 one (50,001) miles, the owner may apply to the department for refund of a
8 portion of the registration fees paid, consistent with the fee schedules
9 set forth in this section. The department shall provide an application for
10 the refund. An owner making application for refund under this section
11 shall be subject to auditing as provided in section 49-439, Idaho Code.
12 (c) If the owner is not registering vehicles under the international reg-
13 istration plan, the appropriate mileage column shall be determined by the
14 total miles the owner operated each of the vehicles to be registered on
15 roads and highways in the state, county, city and highway district systems
16 in Idaho in the preceding year and by the maximum gross weight of each
17 vehicle.
18 Maximum Gross
19 Weight of Vehicle Total Miles Driven
20 (Pounds)
21 1-7,500 7,501-50,000 Over 50,000
22 60,001-62,000 $210 $ 840 $1,400
23 62,001-64,000 240 960 1,600
24 64,001-66,000 270 1,080 1,800
25 66,001-68,000 300 1,200 2,000
26 68,001-70,000 330 1,320 2,200
27 70,001-72,000 360 1,440 2,400
28 72,001-74,000 390 1,560 2,600
29 74,001-76,000 420 1,680 2,800
30 76,001-78,000 450 1,800 3,000
31 78,001-80,000 480 1,920 3,200
32 80,001-82,000 495 1,980 3,300
33 82,001-84,000 510 2,040 3,400
34 84,001-86,000 525 2,100 3,500
35 86,001-88,000 540 2,160 3,600
36 88,001-90,000 555 2,220 3,700
37 90,001-92,000 570 2,280 3,800
38 92,001-94,000 585 2,340 3,900
39 94,001-96,000 600 2,400 4,000
40 96,001-98,000 615 2,460 4,100
41 98,001-100,000 630 2,520 4,200
42 100,001-102,000 645 2,580 4,300
43 102,001-104,000 660 2,640 4,400
44 104,001-106,000 675 2,700 4,500
45 106,001-108,000 690 2,760 4,600
46 108,001-110,000 705 2,820 4,700
47 110,001-112,000 720 2,880 4,800
48 112,001-114,000 735 2,940 4,900
49 114,001-116,000 750 3,000 5,000
50 116,001-118,000 765 3,060 5,100
51 118,001-120,000 780 3,120 5,200
52 120,001-122,000 795 3,180 5,300
53 122,001-124,000 810 3,240 5,400
54 124,001-126,000 825 3,300 5,500
55 126,001-128,000 840 3,360 5,600
11
1 Maximum Gross
2 Weight of Vehicle Total Miles Driven
3 (Pounds)
4 128,001-129,000 855 3,420 5,700
5 (d) Any commercial or farm vehicle registered for more than sixty thou-
6 sand (60,000) pounds up to one hundred six thousand (106,000) pounds
7 traveling fewer than two thousand five hundred (2,500) miles annually on
8 roads and highways in the state, county, city and highway district systems
9 in Idaho shall pay an annual registration fee of two hundred fifty-five
10 dollars ($255). The provisions of section 49-437(2), Idaho Code, shall not
11 apply to vehicles registered under this subsection (8)(d).
12 (9) (a) During the first registration year that the fee schedule in sub-
13 section (8)(c) of this section is in use, an owner shall use the mileage
14 data from the records used to report the mileage use fee in the immedi-
15 ately preceding year as the basis for determining the appropriate regis-
16 tration fee schedule.
17 (b) Any owner who registers a motor vehicle for the first time and who
18 has no mileage history for the vehicle shall estimate the miles to deter-
19 mine the appropriate fee schedule in subsection (8)(c) of this section.
20 When estimating the miles, the owner shall provide a statement on the
21 application of the method used to arrive at the estimated miles.
22 (c) Any owner using any fee schedule other than the highest fee schedule
23 under subsection (8)(c) of this section, shall certify at the time of reg-
24 istration that the miles operated in the preceding year do not exceed the
25 schedule applied for. Any owner using a fee schedule under subsection
26 (8)(c) of this section that is less than the highest schedule shall main-
27 tain records to substantiate the use of the schedule as required by sec-
28 tion 49-439, Idaho Code.
29 (10) If any vehicle or combinations of vehicles haul nonreducible loads,
30 as authorized under the provisions of section 49-1004, Idaho Code, and weigh
31 less than the starting weights per axle configuration listed in column 1 of
32 subsection (2), section 49-1004, Idaho Code, then and in that event there
33 shall be paid for that vehicle, in addition to the other fees required in this
34 section, an additional use fee of 2.1 mills per mile for each two thousand
35 (2,000) pounds or fraction thereof of the maximum gross weight in excess of
36 those set forth in section 49-1001, Idaho Code.
37 SECTION 12. That Section 49-443, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 49-443. LICENSE PLATES TO BE FURNISHED BY DEPARTMENT -- FORM AND CON-
40 TENTS. (1) The assessor or the department shall furnish to every owner whose
41 vehicle is registered by that office, pursuant to sections 49-402 and 49-402A,
42 Idaho Code, one (1) license plate for vehicles registered under the provi-
43 sions of section 49-406, 49-406A or 49-408, Idaho Code, or a motorcycle,
44 trailer, truck-tractor, or semitrailer, and two (2) license plates for every
45 other motor vehicle. If a vehicle is issued one (1) plate only, that plate
46 shall be displayed in accordance with the provisions of section 49-428, Idaho
47 Code. For vehicles registered under the provisions of section 49-407, Idaho
48 Code, the applicant shall provide one (1) plate to be displayed on the rear of
49 the vehicle.
50 Commencing January 1, 1992, the color and design of the plates shall be
51 comparable to the color and design of the statehood centennial issue of
52 license plates with blue numerals and letters on a multicolored red, white and
53 blue background. Each license plate must bear upon its face the inscriptions
12
1 "Famous Potatoes" and "Scenic Idaho."
2 Every license plate shall have displayed upon it the registration number
3 assigned to the vehicle and its owner and the name "Idaho" which may be abbre-
4 viated. The plates issued under the provisions of section 49-402(1), Idaho
5 Code, and the required letters and numerals, including an identification of
6 the county in which the motor vehicle to which the plates will be affixed is
7 registered, shall be of sufficient size to be plainly readable from a distance
8 of seventy-five (75) feet during daylight, and each license plate and regis-
9 tration sticker shall be treated with a fully reflectorized material according
10 to specifications prescribed by the board.
11 (2) License plates shall be valid for a period of seven (7) years begin-
12 ning with the date of issuance of new plates. At the end of the sixth year,
13 the registered owner shall receive notice of the date upon which the plates
14 will expire. The department shall implement a plate-number reservation program
15 beginning prior to the 1999 plate issue and following once every seven (7)
16 years thereafter, for a limited plate-number sequence in each county which
17 chooses to offer a reservation program. Requests for license plate number res-
18 ervations shall be submitted to the county during the open reservation period
19 established by the department. The department may charge a minimal fee as
20 determined by the board to recover costs to the department for reservation of
21 license plate numbers.
22 (3) If a license plate number has expired as provided in subsection (2)
23 of this section and the number was not reserved, or if the vehicle registra-
24 tion is not renewed within sixty (60) days of its expiration, the plate number
25 shall be available for use by another registrant. To obtain a specific number
26 in the recycled license plate number file, the owner of a registered vehicle
27 shall pay a one (1) time fee as determined by rule of the board.
28 The provisions of this subsection shall apply only to vehicles registered
29 under the provisions of section 49-402(1), Idaho Code, and section 49-434(1),
30 Idaho Code, as it applies to noncommercial vehicles.
31 (4) License plates issued for vehicles required to be registered in
32 accordance with the provisions of sections 49-402 and 49-402A, Idaho Code,
33 shall be issued color coded registration validation stickers showing the year
34 of registration. Each registration validation sticker shall bear a number from
35 1 through 12, which number shall correspond to the month of the calendar year
36 in which the registration of the vehicle expires and shall be affixed to the
37 lower right-hand corner of the plates within the outlined rectangular area.
38 (5) License plates for utility trailers registered under the provisions
39 of section 49-402A, Idaho Code, which are issued for five (5) or ten (10)
40 years and license plates for trailers, rental utility trailers and semi-
41 trailers registered under the provisions of section 49-434, Idaho Code, which
42 are issued for five (5) years shall use the design in effect on the date of
43 manufacture. If a design change occurs, plates from the effective date of the
44 design change shall be manufactured using the new design. Unexpired plates
45 need not be reissued to conform to a design change.
46 (6) For license plates which are lost, stolen, mutilated, or illegible,
47 the owner shall apply for a duplicate or substitute. The assessor shall also
48 furnish for each registration, and to validate the license plate, a pressure-
49 sensitive, serially uniquely-numbered registration sticker, except for
50 trailers and semitrailers registered under the optional seven (7) year trailer
51 provisions in section 49-434, Idaho Code. License plates issued for state,
52 county and city motor vehicles shall be permanent and remain on the vehicle
53 for which issued from year to year, and need no renewal or validation sticker.
54 (7) Whenever a vehicle is completely destroyed by fire or accident and
55 the operator submits satisfactory proof of that destruction to the department
13
1 or appropriate assessor's office, the registration use increment and fees
2 shall be transferred to the replacement vehicle for a service transfer fee of
3 five dollars ($5.00), which fee shall be retained by the registering author-
4 ity. None of the original fees shall be subject to refund.
5 (8) The department shall furnish to every owner whose vehicle is regis-
6 tered under sections 49-434 and 49-435, Idaho Code, a pressure-sensitive,
7 serially uniquely-numbered registration sticker to validate the license plate.
8 (9) The board shall have authority to require the return to the depart-
9 ment of all license plates and registration stickers upon termination of the
10 lawful use of them by the owner.
11 (10) The board may promulgate such rules as are necessary to implement the
12 provisions of this section.
13 SECTION 13. That Section 49-501A, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 49-501A. APPLICATION TO VESSEL TITLING. The procedures provided in this
16 chapter shall apply to all vessel titling programs referenced in chapter 70,
17 title 67, Idaho Code. Unless otherwise provided, aAny reference to "vehicle"
18 in this chapter shall also mean "vessel."
19 SECTION 14. That Section 49-506, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 49-506. DESTRUCTION OF RECORDS. Records, created after January 1, 1981,
22 pertaining to certificates of title shall be retained until all appropriate
23 records used to record each title transaction have been placed on miniaturized
24 permanent records, including title records, title files, alphabetical and
25 vehicle identification number index files. The miniaturized files shall be
26 retained a minimum of twenty (20) years, after which time they may be
27 destroyed. The records shall be maintained so as to permit the tracing of
28 title of the vehicles designated.
29 SECTION 15. That Section 49-510, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 49-510. LIENS AND ENCUMBRANCES -- FILING -- FEE -- NOTATION ON CERTIFI-
32 CATE -- CONSTRUCTIVE NOTICE. (1) No lien or encumbrance on any vehicle regis-
33 tered under the laws of this state created subsequent to December 31, 1986,
34 irrespective of whether such registration was effected prior or subsequent to
35 the creation of the lien or encumbrance, shall be perfected as against credi-
36 tors or subsequent purchasers or encumbrancers without notice until the holder
37 of the lien or encumbrance, or his successor, agent or assignee, has complied
38 with the requirements of section 49-504, Idaho Code, and has filed the prop-
39 erly completed title application and all required supporting documents with
40 the department or an agent of the department.
41 When the holder of a lien or encumbrance, his successor, agent or
42 assignee, has filed with the department or agent of the department a properly
43 completed title application and supporting documents as required by section
44 49-504, Idaho Code, it shall be the duty of the department or agent of the
45 department to file the same, indorsing on the title application the date of
46 the creation of the lien or encumbrance. A lien is perfected as of the time of
47 its creation if the transaction is notarized and if the filing is completed
48 with the department or an agent of the department within twenty (20) calendar
49 days thereafter; otherwise, as of the date of the filing with the department
14
1 or an agent of the department. If the title application is incomplete or if
2 the supporting documents are incomplete or missing, the title application and
3 supporting documents as submitted will be returned to the lienholder or his
4 successor, agent or assignee for correction and, if the application is not
5 resubmitted in a complete form, including completed supporting documents, to
6 the department or to the agent of the department within twenty (20) days of
7 their having been returned to the lienholder or his successor, agent or
8 assignee, the original date of receipt by the department or agent of the
9 department shall be void.
10 When the department is satisfied as to the genuineness and regularity of
11 the documents submitted, it shall issue a new certificate of title or create a
12 paperless electronic record of the title and lien filing when substantiated by
13 a written agreement as provided in section 49-505, Idaho Code. The title
14 shall contain the name of the owner of the vehicle, the name and address of
15 each holder of a lien or encumbrance, and a statement of all liens or encum-
16 brances which have been filed with the department, together with the date of
17 each lien or encumbrance and the date received by the department or agent of
18 the department. The filing of a lien or encumbrance and the notation of it
19 shall be a condition of perfection and shall constitute constructive notice of
20 the lien or encumbrance and its contents to creditors and subsequent pur-
21 chasers and encumbrancers. All liens or encumbrances so filed with the depart-
22 ment shall be perfected and take priority according to the order in which the
23 same are noted upon the certificate of title or entered into the electronic
24 records of the department.
25 (2) The notarization requirement set out in the second paragraph of sub-
26 section (1) of this section shall not apply to transactions involving a lien
27 in favor of a regulated lender, as defined in section 28-41-301(37), Idaho
28 Code, or a motor vehicle dealer licensed by the Idaho transportation depart-
29 ment.
30 SECTION 16. That Section 49-524, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 49-524. SALVAGE CERTIFICATE OF OWNERSHIP TO REPLACE CERTIFICATE OF TITLE
33 OR ORIGIN ON CERTAIN VEHICLES -- VESSELS NOT INCLUDED. (1) Every person
34 acquiring a vehicle which is five (5) years old or less or which has a known
35 market value in excess of six thousand dollars ($6,000) which has been deter-
36 mined to be a salvage vehicle, shall obtain a salvage certificate of ownership
37 on that vehicle.
38 (2) The salvage certificate shall replace the certificate of origin, cer-
39 tificate of title or other comparable ownership document and shall indicate
40 ownership only; it shall not be valid for registration purposes.
41 (3) A salvage certificate of ownership shall be issued by the department,
42 the insurer, or a salvage pool, and shall be on a form prescribed by the
43 department. The form shall provide for assignments of the salvage certificate.
44 (4) The fee for a salvage certificate shall be the same as for issuance
45 of any regular Idaho certificate of title. The fee shall be deposited in the
46 state highway account.
47 (5) Every insurer making payment for a vehicle which is five (5) years
48 old or less or which has a known market value in excess of six thousand dol-
49 lars ($6,000) which has been determined to be a salvage vehicle, shall within
50 thirty (30) days from receipt of the properly released certificate of origin
51 or certificate of title, issue a salvage certificate to the purchaser and sur-
52 render to the department the ownership documents, a copy of the salvage cer-
53 tificate, the salvage certificate fee and other documents as required by the
15
1 department for processing. The department shall mark its records appropri-
2 ately.
3 (6) If a salvage pool receives a certificate of title for a vehicle which
4 is five (5) years old or less or which has a known market value in excess of
5 six thousand dollars ($6,000) which has been determined to be a salvage vehi-
6 cle, he shall within thirty (30) days and upon receipt of the properly
7 released certificate of origin or certificate of title, issue a salvage cer-
8 tificate to the purchaser and surrender to the department the ownership docu-
9 ments, a copy of the salvage certificate, the salvage certificate fee and
10 other documents as required by the department for processing. The department
11 shall mark its records appropriately.
12 (7) It is a misdemeanor, punishable by up to six (6) months in jail, a
13 fine of one thousand dollars ($1,000) or both, if the owner of a retained sal-
14 vage vehicle fails to surrender the title and be issued a salvage certificate,
15 or to sell the vehicle and not tell the buyer that the vehicle is totaled.
16 (8) If an insurer has allowed the owner to retain ownership of the sal-
17 vage vehicle, the owner must surrender the certificate of title for such vehi-
18 cle to the department or the insurance company not later than fifteen (15)
19 days from the date that the claim was satisfied. The insurer must notify the
20 department of a total loss payoff. The insurer or department shall issue a
21 salvage certificate to the owner prior to any sale or disposition of the sal-
22 vage vehicle.
23 (9) If an insurer acquires the certificate of title of a vehicle in a
24 settlement of a theft claim, the insurer shall immediately, upon receipt of
25 the properly released certificate of origin or certificate of title, issue a
26 salvage certificate in the name of the insurer and surrender to the department
27 the ownership documents, a copy of the salvage certificate, the salvage cer-
28 tificate fee and other documents as required by the department for processing.
29 (10) If an insurer has acquired a vehicle in a settlement of a theft
30 claim, has made application to and has been issued a new salvage certificate
31 in the name of the insurer and the vehicle is subsequently recovered and is
32 not a salvage vehicle, the insurer may complete an affidavit indemnifying the
33 department stating the facts of acquisition and disposition of the vehicle in
34 a form prescribed by the department and deliver the salvage certificate of
35 ownership, affidavit and any other documents required by the department to the
36 transferee at the time of delivery of the vehicle.
37 (11) Any person acquiring ownership of a salvage vehicle purchased in a
38 state or jurisdiction which does not require surrender of the certificate of
39 title or comparable ownership document shall, within thirty (30) days follow-
40 ing delivery of the certificate of title or ownership document, surrender such
41 title or document to the department and apply for a salvage certificate.
42 (12) An owner of a salvage vehicle who sells or transfers said vehicle
43 shall provide a properly executed assignment of the salvage certificate of
44 ownership to the transferee.
45 (13) A purchaser of a salvage vehicle shall not possess or retain a sal-
46 vage vehicle without a salvage certificate unless the salvage vehicle is six
47 (6) years old or older with a fair market value of six thousand dollars
48 ($6,000) or less. The salvage vehicle purchaser shall display the salvage cer-
49 tificate upon the request of any peace officer or agent of the department.
50 (14) The provisions of this section shall not apply to vessels.
51 SECTION 17. That Section 67-7039, Idaho Code, be, and the same is hereby
52 amended to read as follows:
53 67-7039. VESSEL TITLING ACT. (1) Sections 67-7039 through 67-7041, Idaho
16
1 Code, shall be known and cited as the "Vessel Titling Act."
2 (2) The Idaho transportation department is hereby granted authority to
3 carry out the administration of the provisions of this act and to promulgate
4 rules to effectuate that purpose.
5 (3) All titling procedures for vessels shall be governed by title 49,
6 Idaho Code. Unless otherwise provided, tThe term "vessel" shall be inter-
7 changeable with the term "vehicle" throughout title 49, Idaho Code, for the
8 purposes of vessel titling and vessel dealers and salesmen licensing require-
9 ments.
10 (4) All vessel dealers, wholesalers, manufacturers, salesmen, distribu-
11 tors and representatives shall be required to be licensed as required by chap-
12 ter 16, title 49, Idaho Code.
13 (5) All vessel dealers shall be required to procure and file a bond in
14 the amount required in section 49-1608, Idaho Code.
15 SECTION 18. That Section 67-7040, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 67-7040. APPLICATION TO CERTAIN VESSELS. (1) The provisions of the vessel
18 titling act shall apply to every 2000 and newer model year vessel upon trans-
19 fer of ownership, and optionally to all other vessels of a model year prior to
20 2000, effective on and after January 1, 2000, even though vessels need not be
21 registered under the provisions of chapter 4, title 49, Idaho Code. Vessels
22 shall be issued a certificate of registration as provided in section 67-7008,
23 Idaho Code.
24 (2) The provisions of the vessel titling act shall apply exclusively to
25 vessels with a permanently attached mode of propulsion, such as: an inboard
26 motor, sail, personal watercraft, or other propelling machinery, and all ves-
27 sels over twelve (12) feet regardless of mode of propulsion, except: rowboats,
28 driftboats, canoes, kayaks, inflatable vessels, rafts, barges, nonmotorized
29 paddle vessels, sailboards, tenders, seaplanes, documented vessels, and ves-
30 sels owned by the United States or a foreign state or political subdivision.
31 (3) Once titled, the vessel remains a titled vessel, and is subject to
32 the requirements of chapter 5, title 49, Idaho Code.
33 SECTION 19. That Section 67-7041, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 67-7041. LIENS AND ENCUMBRANCES -- FILING -- NOTATION ON CERTIFICATE --
36 CONSTRUCTIVE NOTICE. No lien or encumbrance created on or after January 1,
37 2000, on any vessel titled under the laws of this state, shall be perfected as
38 against creditors or subsequent purchasers or encumbrancers without notice
39 until the holder of the lien or encumbrance, or his successor, agent or
40 assignee, has complied with the requirements of section 49-504, Idaho Code,
41 and has filed the title application and all required supporting documents with
42 the Idaho transportation department or an agent of that department.
STATEMENT OF PURPOSE
RS 10525C1
The purpose of this legislation is to "clean up" sections of code
relating to titling, registration and dealer licensing
activities, codify current processes in regard to registration
and titling of vehicles and vessels and provide uniformity within
special plates programs.
49-114: The definition of "Moped" is being clarified. The
current definition has been confusing to the public,
dealers and law enforcement. The clarification is that a
moped has "both motorized and pedal propulsion".
49-407: A cutoff date of 1974 is being established for the
Year of Manufacture Plate. After 1974, plates were no
longer embossed with the year of plate issuance. In the
early 1900's there were also some plates that were painted
with the year of issuance. The new wording is an attempt
to address both occurrences. Wording is also added to
clarify distribution of revenue for Year of Manufacture
program fees.
49-408: Wording is added to clarify distribution of
revenue for Street Rod plate program fees.
49-409: Wording is added to clarify distribution of
revenue for Personalized Plate program fees.
49-411: This section is being reworded to say " The fee to
validate a dealer or manufacturer plate shall be $12 for
each validation sticker." This resolves confusion in the
current wording that implies the fee is for a dealer plate.
In actuality the fee is to validate a dealer plate.
49-414: Wording is added to clarify distribution of
revenue for Legislative plate program fees.
49-417B, 418B, and 419A: The sample plate fee distribution
for Agriculture plates, Youth Plates and Sawtooth Plates is
being re-aligned to match other special plate programs.
For other special interest sample plates the department
share is $10.
49-420B: This section relating to Lewis and Clark
Commemorative plates is being corrected to allow display on
vehicles up through 26,000 lbs. maximum gross vehicle
weight, as is allowed with other special license plates.
49-434 (1): Wrecker registration is being clarified to
allow their registration at the "un-laden" weight. The fee
table headings are being modified to allow for this
registration variation for wreckers, allowed by department
procedure since January 2000 when a special fee structure
for wrecker registration was eliminated.
49-443 (6) and (8): Re-wording allows for "uniquely
numbered" vs. "serially numbered" registration stickers.
The new wording provides flexibility validation sticker
numbering as long as it is unique.
49-501a: Wording is added to clarify that references to
"vehicle" applies to "vessel" unless otherwise provided.
49-506: Wording relating to records retention for vehicle
title records is being changed to allow for destruction of
records at 20 years.
49-510 (1): Wording is added to allow an agent of the lien
holder to file a lien. This is commonly allowed in
practice.
49-524: Wording is added to exempt vessels from the
salvage process. The department currently does not have a
boat salvage program in place.
67-7039: Wording is added to clarify that, unless
otherwise provided, the term "vessel" is interchangeable
with the term "vehicle" for the purpose of vessel titling
and vessel dealer and salesman licensing requirements.
67-7040: Wording is added to exempt drift boats from
titling.
67-7041: Wording is added to allow an agent of the lien
holder to file a lien on a vessel title.
FISCAL IMPACT:
By re-aligning sample plate fees for the Agriculture, Sawtooth
and Youth Plate programs, an estimated $18 per month, or $216.00
per year, in sample plate fee revenue will be re-directed from
the State Highway Account to special interest programs.
Contact
Name: Edward Pemble
Agency: Idaho Transportation Department
Phone: (208) 334-8660
Statement of Purpose/Fiscal Note S101