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H0182.........................................by TRANSPORTATION AND DEFENSE MOTOR VEHICLES - Amends existing law relating to motor vehicle operating fees and penalties to clarify penalties for failure to pay operating fees; and to provide penalties for failure to pay vehicle operating fees and for exceeding the registered gross weight or permitted maximum registered gross weight of a vehicle. 02/11 House intro - 1st rdg - to printing 02/14 Rpt prt - to Transp 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/07 3rd rdg - PASSED - 66-1-3 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood, Mr. Speaker NAYS -- Barrett Absent and excused -- Cannon, Lake, Stevenson Floor Sponsor - Mitchell Title apvd - to Senate 03/08 Senate intro - 1st rdg - to Transp 03/16 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/21 3rd rdg - PASSED - 29-0-5, 1 vacancy AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet NAYS -- None Absent and excused -- Burtenshaw, Coiner, Malepeai, Werk, Williams, (District 21 seat vacant) Floor Sponsor - Marley Title apvd - to House 03/22 To enrol 03/23 Rpt enrol - Sp signed 03/24 Pres signed - To Governor 03/28 Governor signed Session Law Chapter 182 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 182 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE OPERATING FEES AND PENALTIES; AMENDING SECTION 3 49-434A, IDAHO CODE, TO CLARIFY PENALTIES FOR FAILURE TO PAY OPERATING 4 FEES AND TO DELETE A REFERENCE TO A REPEALED CODE SECTION; AND AMENDING 5 SECTION 49-1013, IDAHO CODE, TO PROVIDE PENALTIES FOR FAILURE TO PAY VEHI- 6 CLE OPERATING FEES AND FOR EXCEEDING THE REGISTERED GROSS WEIGHT OR PER- 7 MITTED MAXIMUM REGISTERED GROSS WEIGHT OF A VEHICLE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 49-434A, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 49-434A. PENALTIES FOR FAILURE TO PAY OPERATING FEES. Any motor vehicle 12 or combination of vehiclesowned by a nonresident andoperated in Idaho for 13 which the proper registration and operating fees in Idaho have not been paid 14 under the provisions of section 49-432,49-433,49-434 or 49-435, Idaho Code, 15 shall have committed a misdemeanor punishable as provided in section 49-1013, 16 Idaho Code, and shall, upon discovery, be subject to the following additional 17 penalties: 18 Seizure and detention for up to seventy-two (72) hours by any law enforce- 19 ment agency or port of entry personnel of the vehicle and its entire cargo if 20 the cargo does not consist of perishable food products or livestock; 21 (1) Release from detention shall be accomplished only by presentation of 22 proper evidence that the applicable fees have been paid; or 23 (2) Off-loading of any cargo onto a properly licensed and registered 24 vehicle. 25 SECTION 2. That Section 49-1013, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 49-1013. PENALTIES FOR VIOLATIONS. (1) It shall be unlawful and consti- 28 tute a misdemeanor for any person to violate any of the provisions of this 29 chapter, except that violations of law as specified in paragraphs (a), (b) and 30 (c) of subsection (3) of this section shall constitute an infraction. 31 (2) Persons convicted of violations of the provisions of sections 32 49-434A, 49-1003 and 49-1006 through 49-1012, Idaho Code, shall be subject to 33 punishment by a fine of not to exceed three hundred dollars ($300) or by 34 imprisonment in the county jail for not more than thirty (30) days or by a 35 combination of such fine and imprisonment. 36 (3) Persons convicted of violations of the provisions of sections 49-438, 37 49-1001, 49-1002, 49-1004 and 49-1005, Idaho Code, shall be subject to a pen- 38 alty as prescribed herein: 39 (a) One (1) pound through one thousand (1,000) pounds overweight shall be 40 five dollars ($5.00) and shall constitute an infraction. 41 (b) One thousand one (1,001) pounds through two thousand (2,000) pounds 2 1 overweight shall be fifteen dollars ($15.00) and shall constitute an 2 infraction. 3 (c) Two thousand one (2,001) pounds through four thousand (4,000) pounds 4 overweight shall be twenty-five dollars ($25.00) and shall constitute an 5 infraction. 6 (d) Four thousand one (4,001) pounds through fifteen thousand (15,000) 7 pounds overweight shall be twenty-five dollars ($25.00) plus $.1341 per 8 pound for each additional pound over four thousand (4,000) pounds over- 9 weight. 10 (e) Fifteen thousand one (15,001) pounds through twenty thousand (20,000) 11 pounds overweight shall be one thousand five hundred dollars ($1,500) plus 12 twenty cents ($.20) per pound for each additional pound over fifteen thou- 13 sand (15,000) pounds overweight. 14 (f) Twenty thousand one (20,001) pounds and greater shall be two thousand 15 five hundred dollars ($2,500) plus thirty cents ($.30) per pound for each 16 additional pound over twenty thousand (20,000) pounds overweight. 17 (g) In addition to the penalties specified in this subsection, one hun- 18 dred fifty dollars ($150) for failure to deploy a variable load suspension 19 axle which results in adjacent axles exceeding allowable weight by two 20 thousand one (2,001) pounds or more. 21 (4) Persons convicted of an infraction or misdemeanor for violating two 22 (2) or more of the provisions of section 49-1001, 49-1002 or 49-1004, Idaho 23 Code, at any one (1) time shall be assessed the full amount of the penalty for 24 the primary violation. In addition to the assessment of the penalty for the 25 primary violation, the person convicted of an infraction or misdemeanor shall 26 be assessed a penalty of ten dollars ($10.00) for each additional misdemeanor 27 conviction or five dollars ($5.00) for each additional infraction for viola- 28 tions of section 49-1001, 49-1002 or 49-1004, Idaho Code, committed at the 29 same time. 30 (5) All moneys collected as a result of the penalties prescribed in sub- 31 sections (3) and (4) of this section, shall be deposited into the highway dis- 32 tribution account.
STATEMENT OF PURPOSE RS 14963 This legislation will amend Section 49-434A, Idaho Code, to provide consistent penalties for commercial motor vehicles that fail to register. FISCAL NOTE Providing consistent penalties for registration violations will encourage greater motor carrier compliance thereby allowing the department to collect revenues lost to noncompliance of registration laws. The Idaho Transportation Department estimates that this change will collect approximately $400,000.00 annually from revenue owed for truck registrations. The revenue would be deposited to the Highway Distribution Account as follows: State Highway Account 57% $228,000 Law Enforcement 5% $ 20,000 Locals 38% $152,000 Contact Name: Rep. Mike Mitchell Phone: 332-1000 Name: Alan Frew, ITD Phone: 334-8809 STATEMENT OF PURPOSE/FISCAL NOTE H 182