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H0468aa......................................................by MR. SPEAKER
Requested by: Department of Transportation
MOTOR VEHICLES - Amends existing law relating to motor vehicle
registrations, definitions and operations to reflect current practices of
the Idaho Transportation Department and to be in compliance with previously
amended sections of law and changes in technology.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Transp
02/13 Rpt out - to Gen Ord
02/18 Returned to Transp
02/23 Rpt out - to Gen Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/05 3rd rdg as amen - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Geddes,
Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22),
Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Marley, McKague, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black(15), Gagner, Hansen, Mader,
Floor Sponsor - Kempton
Title apvd - to Senate
03/06 Senate intro - 1st rdg as amen - to Transp
03/19 Rpt out - rec d/p - to 2nd rdg as amen
03/20 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - Frasure
Title apvd - to House
03/23 To enrol - rpt enrol - Sp signed
03/24 Pres signed - to Governor
03/25 Governor signed
Session Law Chapter 392
Effective: 07/01/98
H0468|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 468, As Amended BY MR. SPEAKER Requested by: Department of Transportation 1 AN ACT 2 RELATING TO MOTOR VEHICLE LAW; AMENDING SECTION 49-106, IDAHO CODE, TO REDE- 3 FINE "EXTRAORDINARY CIRCUMSTANCES" TO DELETE A TIME REQUIREMENT FOR EXPI- 4 RATION OF A REGISTRATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 5 TION 49-107, IDAHO CODE, TO DEFINE "FLEET REGISTRATION"; AMENDING SECTION 6 49-114, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 7 49-117, IDAHO CODE, TO REDEFINE "PRINCIPAL PLACE OF BUSINESS" TO DELETE 8 EXCLUSION OF A GASOLINE SERVICE STATION; AMENDING SECTION 49-121, IDAHO 9 CODE, TO REDEFINE "GENERAL TRAILER" TO DELETE A WEIGHT BEARING REQUIREMENT 10 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-401A, IDAHO CODE, 11 TO DELETE PROVISIONS FOR FLEET REGISTRATION AND RELATED REFERENCES AND TO 12 INCREASE THE GROSS WEIGHT ON COUNTY REGISTERED BUSES TO TWENTY-SIX THOU- 13 SAND POUNDS; AMENDING SECTION 49-401B, IDAHO CODE, TO DELETE THE REQUIRE- 14 MENT THAT A COUNTY ASSESSOR SHALL FORWARD COPIES OF REGISTRATION RECEIPTS 15 TO THE DEPARTMENT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16 49-402, IDAHO CODE, TO CLARIFY EXEMPTION FROM REGISTRATION FOR MOTORCYCLES 17 AND ATVS; AMENDING SECTION 49-428, IDAHO CODE, TO CLARIFY DISPLAY OF 18 LICENSE PLATES AND REGISTRATION STICKERS FOR CERTAIN VEHICLES, TO CORRECT 19 A CODE CITATION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 20 49-429, IDAHO CODE, TO CLARIFY DISPLAY OF COPY OF REGISTRATION PENDING 21 RECEIPT OF LICENSE PLATES; AMENDING SECTION 49-434, IDAHO CODE, TO PROVIDE 22 FOR REGISTRATION OF FLEETS OF VEHICLES, TO CLARIFY REGISTRATION OF 23 TRAILERS, SEMITRAILERS AND RENTAL UTILITY TRAILERS AND EXTENDED REGISTRA- 24 TION OF VEHICLES, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 25 49-434A, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 26 49-436, IDAHO CODE, TO CORRECT CODE CITATIONS; AMENDING SECTION 49-437, 27 IDAHO CODE, TO CLARIFY REGISTRATION OF CERTAIN VEHICLES WHEN THERE IS A 28 CHANGE IN THE REGISTERED WEIGHT OF THE VEHICLE; AMENDING SECTION 49-443, 29 IDAHO CODE, TO PROVIDE AN EXCEPTION FROM THE VALIDATION STICKER REQUIRE- 30 MENT FOR SEVEN-YEAR TRAILER REGISTRATIONS; AMENDING SECTION 49-444, IDAHO 31 CODE, TO CLARIFY REGISTRATION REQUIREMENTS FOR RECREATIONAL VEHICLES; 32 AMENDING SECTION 49-449, IDAHO CODE, TO PROVIDE FOR CANCELLATION OF THE 33 REGISTRATION OF A STOLEN VEHICLE; AMENDING SECTION 49-510, IDAHO CODE, TO 34 MAKE TECHNICAL CORRECTIONS RELATING TO THE FILING OF LIENS WHICH ARE SPE- 35 CIFIC TO THE TIME OF DAY SUCH LIENS ARE RECEIVED BY THE DEPARTMENT; AMEND- 36 ING SECTION 49-514, IDAHO CODE, TO DELETE THE REQUIREMENT THAT A CERTIFI- 37 CATE OF TITLE TO A VEHICLE REGISTERED IN A FOREIGN STATE MUST BE PRESENTED 38 TO THE DEPARTMENT BEFORE A CERTIFICATE OF TITLE CAN BE ISSUED BY THIS 39 STATE; AMENDING SECTION 49-1602, IDAHO CODE, TO PROVIDE DISCRETIONARY 40 POWERS TO THE DEPARTMENT RELATING TO ISSUANCE OF VEHICLE DEALER AND SALES- 41 MAN LICENSES, TO PROVIDE FOR FILING A COPY OF THE CERTIFICATE OF AN 42 ASSUMED BUSINESS NAME TO THE SECRETARY OF STATE AND TO MAKE TECHNICAL COR- 43 RECTIONS; AMENDING SECTION 49-1607, IDAHO CODE, TO DELETE PROVISION FOR 44 PRORATING THE FEE FOR A VEHICLE DEALER'S LICENSE FEE; AMENDING SECTION 45 49-1611, IDAHO CODE, TO CLARIFY TERMINOLOGY RELATING TO VEHICLE DEALER'S 46 AND SALESMAN'S LICENSES; AMENDING SECTION 49-1702, IDAHO CODE, TO DELETE 2 1 REFERENCE TO MOTORCYCLE ENGINE NUMBER; AMENDING SECTIONS 49-1705 AND 2 49-1707, IDAHO CODE, TO DELETE REFERENCE TO MOTORCYCLE ENGINE NUMBER AND 3 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-1803, IDAHO CODE, TO 4 DELETE REFERENCE TO MOTORCYCLE ENGINE NUMBER; AMENDING SECTION 49-1814, 5 IDAHO CODE, TO DELETE A NOTIFICATION REQUIREMENT RELATING TO DISPOSITION 6 OF LOW-VALUED VEHICLES, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNI- 7 CAL CORRECTIONS; AMENDING SECTION 49-1815, IDAHO CODE, TO DELETE REFERENCE 8 TO MOTORCYCLE ENGINE NUMBER AND TO MAKE TECHNICAL CORRECTIONS; AND AMEND- 9 ING SECTION 49-1817, IDAHO CODE, TO PROVIDE FOR COLLECTION OF A FEE AS 10 SPECIFIED BY LAW. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 49-106, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 49-106. DEFINITIONS -- E. 15 (1) "Emergency vehicle." (See "Vehicle", section 49-123, Idaho Code) 16 (2) "Encumbrance." (See "Lien", section 49-113, Idaho Code) 17 (3) "EPA" means the environmental protection agency of the United States. 18 (4) "Essential parts" mean s all integral and body parts of a 19 vehicle of a type required to be registered, the removal, alteration or sub- 20 stitution of which would tend to conceal the identity of the vehicle or sub- 21 stantially alter its appearance, model, type or mode of operation. 22 (5) "Established place of business" means a place occupied either contin- 23 uously or at regular periods by a dealer or manufacturer where his books and 24 records are kept and a large share of his business is transacted. 25 (6) "Excessive" or "unusual noise" means any sound made by a passenger 26 motor vehicle or a motorcycle at any time under any condition of grade, speed, 27 acceleration or deceleration, which exceeds ninety-two (92) decibels, or any 28 lower decibel level that is fixed by law or rulesand regulations29 adopted by the board of health and welfare, on the "A" scale of a general 30 radio company No. 1551-B sound level meter, or equivalent, stationed at a dis- 31 tance of not less than twenty (20) feet to the side of a vehicle or motorcycle 32 as the vehicle or motorcycle passes the soundmeter or is stationed not less 33 than twenty (20) feet from a stationary motor or engine. 34 (7) "Excessive speed" means any speed of fifteen (15) miles per hour or 35 more above the posted speed limit, and is only for purposes of determining 36 disqualification of commercial driving privileges. 37 (8) "Executive head," as used in chapter 20, means the governor of the 38 state of Idaho. 39 (9) "Explosives" mean s any chemical compound or mechanical 40 mixture that is commonly used or intended for the purpose of producing an 41 explosion and which contains any oxidizing and combustive units or other 42 ingredients in proportions, quantities or packing that an ignition by fire, by 43 friction, by concussion, by percussion or by detonator of any part of the com- 44 pound or mixture may cause a sudden generation of highly heated gases with 45 which the resultant gaseous pressures are capable of producing destructive 46 effects on contiguous objects or of destroying life or limb. 47 (10) "Extraordinary circumstances" mean s any situation where 48 an emergency exists or public safety is endangered,andor 49 any situation in which a vehicle: 50 (a) Is blocking or impeding traffic; or 51 (b) Is causing a hazard; or 52 (c) Has the potential of impeding any emergency vehicle; or 3 1 (d) Is impeding any snow removal or other road maintenance operation; or 2 (e) Has been stolen but not yet reported as recovered; or 3 (f) Is not registered, or displays a license plate registration tag which 4 has been expired .for a period in excess of thirty (30)5days.6 SECTION 2. That Section 49-107, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 49-107. DEFINITIONS -- F. 9 (1) "Factory branch" means a branch office maintained by a person who 10 manufactures or assembles vehicles for sale to distributors or to dealers, or 11 for directing or supervising, in whole or in part, its representatives. 12 (2) "Factory representative" means any person and each officer and 13 employee engaged as a representative of a manufacturer of vehicles or by a 14 factory branch for the purpose of making or promoting a sale of their vehi- 15 cles, or for supervising or contacting their dealers or prospective dealers. 16 (3) "Farm tractor" means every motor vehicle designed or adapted and used 17 primarily as a farm implement power unit operated with or without other farm 18 implements attached in any manner consistent with the structural design of 19 that power unit. 20 (4) "Farm vehicle." (See "Vehicle", section 49-123, Idaho Code) 21 (5) "Felony" means any offense under state or federal law that is punish- 22 able by death or imprisonment for a term exceeding one (1) year. 23 (6) "Fifth wheel trailer." (See "Trailer", section 49-121, Idaho Code) 24 (7) "Financial institution" means any bank that is authorized to do busi- 25 ness in the state of Idaho and any other financial institution that is regis- 26 tered with the department of finance. 27 (8) "Flammable liquid" means any liquid which has a flash point of 70 28 degrees Fahrenheit, or less, as determined by a tagliabue or equivalent 29 closed-cup test device. 30 (9) "Fleet" means one (1) or more apportionable vehicles. 31 (10) "Fleet registration" means an optional form of registration 32 through the department rather than a county assessor for registration of 33 twenty-five (25) or more commercial or farm vehicles or any combination 34 thereof. This registration is not an option for fleets of rental vehicles. 35 Terms and conditions are further specified in section 49-434(5), Idaho Code. 36 (11) "Fold down camping trailer." (See "Trailer", section 49-121, 37 Idaho Code) 38 (112 ) "Foreign vehicle." (See "Vehicle", section 39 49-123, Idaho Code) 40 (123 ) "Franchise" means a contract or agreement 41 between a dealer and a manufacturer of new vehicles or its distributor or fac- 42 tory branch by which the dealer is authorized to engage in the business of 43 selling any specified make or makes of new vehicles. 44 (134 ) "Full-time salesman" means any person 45 employed as a vehicle salesman on behalf of a dealer for thirty (30) or more 46 hours per week, and who sells, purchases, exchanges or negotiates for the 47 sale, purchase or exchange of five (5) or more vehicles during each year in 48 which his license is in effect. 49 SECTION 3. That Section 49-114, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 49-114. DEFINITIONS -- M. 4 1 (1) "Major component part" means a rear clip, cowl, frame or inner struc- 2 ture forward of the cowl, body, cab, front end assembly, front clip or such 3 other part which is critical to the safety of the vehicle. 4 (2) "Manifest" means a form used for identifying the quantity, composi- 5 tion, origin, routing, waste or material identification code and destination 6 of hazardous material or hazardous waste during any transportation within, 7 through, or to any destination in this state. 8 (3) "Manufactured home." (See section 39-4105, Idaho Code) 9 (4) "Manufacturer" means every person engaged in the business of con- 10 structing or assembling vehicles of a type required to be registered at an 11 established place of business in this state. The term, for purposes of sec- 12 tions 49-1613 through 49-1615, 49-1617, 49-1622 and 49-1623, Idaho Code, shall 13 include a distributor and other factory representatives. 14 (5) "Manufacturer's year designation" means the model year designated by 15 the vehicle manufacturer, and not the year in which the vehicle is, in fact, 16 manufactured. 17 (6) "Maximum gross weight" means the scale weight of a vehicle, equipped 18 for operation, to which shall be added the maximum load to be carried as 19 declared by the owner in making application for registration. When a vehicle 20 against which a registration or use fee is assessed is a combination of vehi- 21 cles, the term "maximum gross weight" means the combined maximum gross weights 22 of all vehicles in the combination. 23 (7) "Metal tire." (See "Tires," section 49-121, Idaho Code) 24 (8) "Moped" means a limited-speed motor-driven cycle which is not capable 25 of propelling the vehicle at a speed in excess of thirty (30) miles per hour 26 on level ground, whether two (2) or three (3) wheels are in contact with the 27 ground during operation. If an internal combustion engine is used, the dis- 28 placement shall not exceed fifty (50) cubic centimeters and the moped shall 29 have a power drive system that functions directly or automatically without 30 clutching or shifting by the operator after the drive system is engaged. 31 (9) "Motorcycle" means every motor vehicle having a seat or saddle for 32 the use of the rider and designed to travel on not more than three (3) wheels 33 in contact with the ground, but excluding a tractor and moped. 34 (10) "Motor home" means a vehicular unit designed to provide temporary 35 living quarters, built into an integral part or permanently attached to a 36 self-propelled motor vehicle chassis. The vehicle must contain permanently 37 installed independent life support systems which meet the American National 38 Standards Institute (ANSI) A119.7 Standard for Recreational Vehicles, and pro- 39 vide at least four (4) of the following facilities: cooking, refrigeration or 40 ice box, self-contained toilet, heating and/or air conditioning, apor-41tablepotable water supply system, including a faucet and 42 sink, separate 110-125 volt electrical power supply and/or LP-gas supply. 43 (11) "Motorized wheelchair" means a motor vehicle with a speed not in 44 excess of eight (8) miles per hour, designed for and used by a handicapped 45 person. 46 (12) "Motor number." (See "Identifying number", section 49-110, Idaho 47 Code) 48 (13) "Motor vehicle." (See "Vehicle", section 49-123, Idaho Code) 49 (14) "Motor vehicle liability policy" means an owner's or operator's pol- 50 icy of liability insurance, certified as provided in section 49-1210 or 51 49-1211, Idaho Code, as proof of financial responsibility, and issued, except 52 as otherwise provided in section 49-1211, Idaho Code, by an insurance carrier 53 duly authorized to transact business in this state, to or for the benefit of 54 the person named therein as insured. 55 (15) "Motor vehicle record" means any record that pertains to a motor 5 1 vehicle registration, motor vehicle title or identification documents or other 2 similar credentials issued by the department or other state or local agency. 3 SECTION 4. That Section 49-117, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 49-117. DEFINITIONS -- P. 6 (1) "Park" or "parking" means the standing of a vehicle, whether occupied 7 or not, other than temporarily for the purpose of and while actually engaged 8 in loading or unloading property or passengers. 9 (2) "Park trailer." (See "Trailer", section 49-121, Idaho Code) 10 (3) "Part-time salesman" means any person employed as a vehicle salesman 11 on behalf of a dealer less than thirty (30) hours per week. 12 (4) "Peace officer." (See section 19-5101(d), Idaho Code) 13 (5) "Pedestrian" means any person afoot and any person operating a wheel- 14 chair or a motorized wheelchair. 15 (6) "Pedestrian path" means any path, sidewalk or way set-aside and used 16 exclusively by pedestrians. 17 (7) (a) "Person" means every natural person, firm, fiduciary, copartner- 18 ship, association, corporation, trustee, receiver or assignee for the ben- 19 efit of creditors, political subdivision, state or federal governmental 20 department, agency, or instrumentality, and for the purposes of chapter 22 21 of this title shall include a private, common or contract carrier operat- 22 ing a vehicle on any highway of this state. 23 (b) "Person with a disability" means: 24 (i) A person who is unable to walk two hundred (200) feet or more 25 unassisted by another person; 26 (ii) A person who is unable to walk two hundred (200) feet or more 27 without the aid of a walker, cane, crutches, braces, prosthetic 28 device or a wheelchair; or 29 (iii) A person who is unable to walk two hundred (200) feet or more 30 without great difficulty or discomfort due to the following impair- 31 ments: neurological, orthopedic, respiratory, cardiac, arthritic dis- 32 order, blindness, or the loss of function or absence of a limb. 33 (8) "Personal information" means information that identifies an individ- 34 ual, including an individual's photograph or computerized image, social secu- 35 rity number, driver identification number, name, address, telephone number, 36 and medical or disability information, but does not include information on 37 vehicular accidents, driving or equipment-related violations, the five-digit 38 zip code of the person's address, or status of the driver's license or motor 39 vehicle registration. 40 (9) "Pneumatic tire." (See "Tires", section 49-121, Idaho Code) 41 (10) "Pole trailer." (See "Trailer", section 49-121, Idaho Code) 42 (11) "Possessory lien" means a lien dependent upon possession for compen- 43 sation to which a person is legally entitled for making repairs or performing 44 labor upon, and furnishing supplies or materials for, and for the towing, 45 storage, repair, or safekeeping of, any vehicle of a type subject to registra- 46 tion. 47 (12) "Possessory lienholder" means any person claiming a lien, that lien 48 claimed to have accrued on a basis of services rendered to the vehicle which 49 is the subject of the lien. 50 (13) "Preceding year" means, for the purposes of section 49-435, Idaho 51 Code, a period of twelve (12) consecutive months fixed by the department, 52 prior to July 1 of the year immediately preceding the commencement of the reg- 53 istration or license year for which proportional registration is sought. The 6 1 department in fixing the period shall make it conform to the terms, conditions 2 and requirements of any applicable agreement or arrangement for the propor- 3 tional registration of vehicles. 4 (14) "Pressure regulator valve" means a device or system which governs the 5 load distribution and controls the weight borne by a variable load suspension 6 axle in accordance with a predetermined valve setting. 7 (15) "Principal place of business" means an enclosed commercial structure 8 located within the state, easily accessible and open to the public at all rea- 9 sonable times, with an improved display area large enough to display five (5) 10 or more vehicles of the type the dealer is licensed to sell, immediately 11 adjoining the building, and at which the business of a dealer, including the 12 display and repair of vehicles, may be lawfully carried on in accordance with 13 the terms of all applicable building codes, zoning and other land-use regula- 14 tory ordinances, and in which building the public shall be able to contact the 15 dealer or his salesmen in person or by telephone at all reasonable times, and 16 at which place of business shall be kept and maintained the books, records and 17 files necessary to conduct the business. The principal place of business shall 18 display an exterior sign permanently affixed to the land or building, with 19 letters clearly visible to the major avenue of traffic. In no event shall a 20 room or rooms in a hotel, rooming house, or apartment house building or a part 21 of any single or multiple unit dwelling house be considered a "principal place 22 of business" within the terms and provisions of this title unless the entire 23 ground floor of that hotel, apartment house, or rooming house building or 24 dwelling house be devoted principally to and occupied for commercial purposes, 25 and the office or offices of the dealer be located on the ground floor.26In no event shall premises devoted principally to the business of a gasoline27service station be considered a "principal place of business" within the terms28and provisions of this title.29 (16) "Private property open to the public" means real property not owned 30 by the federal government or the state of Idaho or any of its political subdi- 31 visions, but is available for vehicular traffic or parking by the general pub- 32 lic with the permission of the owner or agent of the real property. 33 (17) "Private road" means every way or place in private ownership and 34 used for vehicular travel by the owner and those having express or implied 35 permission from the owner, but not by other persons. 36 (18) "Proof of financial responsibility" means proof of ability to 37 respond in damages for liability, on account of accidents occurring subsequent 38 to the effective date of the proof, arising out of the ownership, maintenance 39 or use of a motor vehicle, in the amount of twenty-five thousand dollars 40 ($25,000) because of bodily injury to or death of one (1) person in any one 41 (1) accident, and, subject to the limit for one (1) person, in the amount of 42 fifty thousand dollars ($50,000) because of bodily injury to or death of two 43 (2) or more persons in any one (1) accident, and in the amount of fifteen 44 thousand dollars ($15,000) because of injury to or destruction of property of 45 others in any one (1) accident. 46 (19) "Proper authority" means a public highway agency. 47 (20) "Public highway agency" means the state transportation department, 48 any city, county, highway district or any other state agency which has juris- 49 diction over public highway systems and public rights-of-way. 50 (21) "Public right-of-way" means a right-of-way open to the public and 51 under the jurisdiction of a public highway agency, where the public highway 52 agency has no obligation to construct or maintain said right-of-way for vehic- 53 ular traffic. 54 (22) "Public road jurisdiction" means a public highway agency. 55 (23) "Purchase." (See "Sell," "sold," and "buy," section 49-120, Idaho 7 1 Code) 2 SECTION 5. That Section 49-121, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 49-121. DEFINITIONS -- T. 5 (1) "Temporary supplemental lot" means a location other than the princi- 6 pal place of business, or supplemental lot within the same or adjacent county 7 as the principal place of business,orwhere a licensed dealer 8 may secure a license to conduct the business and is licensed for a period of 9 time not to exceed ten (10) days for a specific purpose such as auto shows, 10 auctions, shopping center promotions, tent sales, etc. Temporary supplemental 11 lots shall meet all local zoning and building codes for the type of business 12 being conducted. The requirements for a principal place of business shall not 13 be applicable to temporary supplemental lot locations. 14 (2) "Tires" mean s : 15 (a) Metal. Every tire the surface of which in contact with the highway 16 is wholly or partly of metal or other hard, nonresilient material. 17 (b) Pneumatic. Every tire in which compressed air is designed to support 18 the load. 19 (c) Snow tire. Every rubber tire with tread design or material embedded 20 in the tire to improve winter traction except studded tires. 21 (d) Solid rubber. Every tire of rubber or other resilient material which 22 does not depend upon compressed air for the support of the load. 23 (e) Studded tire. Every tire with built-in lugs of tungsten carbide or 24 other suitable material designed to contact the road surface for improved 25 winter traction. 26 (3) "Traffic" means pedestrians, ridden or herded animals, vehicles, 27 streetcars and other conveyances either singly or together while using any 28 highway for purposes of travel. 29 (4) "Traffic lane" or "lane of travel" means that portion of the roadway 30 for movement of a single line of vehicles. 31 (5) "Traffic-control device" means any device, whether manually, electri- 32 cally or mechanically operated, placed or erected by authority of a public 33 body or official having jurisdiction, for the purpose of regulating, warning 34 or guiding traffic. 35 (6) "Trailer" means: 36 (a) General. Every vehicle without motive power designed for carrying 37 persons or property and for being drawn by a motor vehicle . 38and so constructed that no part of its weight rests upon the towing39vehicle.40 (b) Fifth-wheel trailer. A vehicular unit equipped in the same manner as 41 a travel trailer but constructed with a raised forward section that allows 42 a bi-level floor plan. This style is designed to be towed by a vehicle 43 equipped with a device known as a fifth-wheel hitch, which is typically 44 installed in the bed of a pickup truck. 45 (c) Fold down camping trailer. A vehicular portable unit mounted on 46 wheels and constructed with collapsible partial side walls, which fold for 47 towing by another vehicle and unfold at the campsite to provide temporary 48 living quarters, for recreational, camping or travel use. 49 (d) Park trailer. A trailer designed to be towed by a motorized vehicle, 50 and of such size and weight as not to require a special highway movement 51 permit. It is designed for seasonal or temporary living quarters and may 52 be connected to utilities necessary for operation of installed fixtures 53 and appliances. It is built on a single permanent chassis and constructed 8 1 to permit set up by persons without special skills. 2 (e) Pole trailer. Every vehicle without motive power designed to be drawn 3 by another vehicle and attached to the towing vehicle by means of a reach 4 or pole or by being boomed or otherwise secured to the towing vehicle, and 5 ordinarily used for transporting long or irregularly shaped loads such as 6 poles, pipes, or structural members capable, generally, of sustaining 7 themselves as beams between the supporting connections. 8 (f) Semitrailer. Every vehicle without motive power, designed for carry- 9 ing persons or property and for being drawn by a motor vehicle and so con- 10 structed that some part of its weight and that of its load rests upon or 11 is carried by the towing vehicle. 12 (g) Travel trailer. A vehicular unit, mounted on wheels designed to pro- 13 vide temporary living quarters for recreational, camping, travel or emer- 14 gency use and of such size or weight as not to require special highway 15 movement permits when towed by a motorized vehicle. 16 (h) Utility trailer. (See "Utility Trailer", section 49-122, Idaho Code) 17 (7) "Transportation", for the purposes of chapter 22 of this title, means 18 the movement of any regulated quantity of hazardous material or hazardous 19 waste within, through, or to any destination in this state upon the highways 20 of this state. 21 (8) "Transporter" means every person engaged in the business of deliver- 22 ing vehicles of a type required to be registered from a manufacturing, assem- 23 bling or distributing plant to dealers or sales agents of a manufacturer, 24 except in chapter 22, where it means any person who transports a hazardous 25 material or hazardous waste within, through, or to any destination upon the 26 highways of this state. 27 (9) "Truck" means: 28 (a) Refuse/sanitation. Any vehicle designed and used solely for the pur- 29 pose of transporting refuse. 30 (b) General. Every motor vehicle exceeding eight thousand (8,000) pounds 31 gross weight designed, used or maintained primarily for the transportation 32 of property. 33 (c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross 34 weight or less which is designed, used or maintained primarily for the 35 transportation of property. 36 (d) Truck camper. A portable unit constructed to provide temporary living 37 quarters for recreational, travel or camping use, consisting of a roof, 38 floor, and sides, designed to be loaded onto and unloaded from the bed of 39 a pickup truck. 40 (e) Truck tractor. Every motor vehicle designed and used primarily for 41 drawing other vehicles but not so constructed as to carry a load other 42 than a part of the weight of the vehicle and load so drawn. 43 (10) "True mileage driven" means the mileage of the vehicle as registered 44 by the odometer within the manufacturer's designed tolerance. 45 SECTION 6. That Section 49-401A, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 49-401A. OWNER TO SECURE REGISTRATION FROM A COUNTY ASSESSOR OR THE 48 DEPARTMENT .-- FLEET REGISTRATION.(1)Except49as provided in subsection (4) of this section, eE very 50 owner of a motor vehicle, trailer or semitrailer who intends to operate the 51 vehicle upon any highway in this state shall before the same is so operated, 52 apply to a county assessor and obtain registration for vehicles in sections 53 49-402(1) through (5), 49-402A, 49-402B, 49-416(1)and 49-422, 9 1 Idaho Code. All others shall be obtained from the department except as pro- 2 vided in subsection (2) of this section. Owners of vehicles specified in sec- 3 tion 49-426, Idaho Code, are exempt from the provisions of this section. 4 Owners of vehicles operating on a temporary basis as provided in sections 5 49-431(3), 49-432 and 49-433, Idaho Code, are exempt from the provisions of 6 this section to the extent that the temporary permits in use are unexpired. 7 (2) Commercial vehicles in excess of twenty-six thousand (26,000) pounds 8 gross weight, farm and noncommercial vehicles in excess of sixty thousand 9 (60,000) pounds gross weight and all vehicles registered under section 49-435, 10 Idaho Code, shall be registered by the department.Except as provided in11subsection (4) of this section, aA ll other commercial, 12 farm and noncommercial vehicles and the vehicles in paragraphs (a), (b), and 13 (c) of this subsection , shall be registered by the county asses- 14 sor. 15 (a) Motor vehicles equipped primarily to haul passengers on a commercial 16 basis, doing strictly an intrastate business, and having gross weights of 17 twenty-foursix thousand (246 18 ,000) pounds or less. 19 (b) Any farm vehicle or combination of vehicles where each vehicle or 20 combination of vehicles shall not exceed a gross weight of sixty thousand 21 (60,000) pounds. 22 (c) Nonresident vehicles or combination of vehicles owned by transient 23 labor used in hauling unprocessed agricultural products for hire and not 24 exceeding sixty thousand (60,000) pounds gross weight shall register their 25 vehicle for the appropriate gross weight scale for the annual fee if reg- 26 istered on or before June 30, and for one-half (1/2) the annual fee if not 27 registered until on or after July 1 of any year, with the assessor of the 28 county in which the owner resides. 29 (3)Except as provided in subsection (4) of this section, c30C ommercial, farm and noncommercial vehicles of any weight 31 doing strictly an intrastate business may be registered by the county assessor 32 by mutual agreement between the department and the county. 33(4) (a) Every person having a fleet of ten (10) or more commercial34vehicles, noncommercial vehicles or farm vehicles, or any combination35thereof, required to be registered pursuant to this title may elect to36register such vehicles with the department as a fleet by filing an appli-37cation with the department which shall contain a description and identifi-38cation of each vehicle in the fleet which is to be operated in this state39during the registration year for which registration is requested; and, as40determined by the department, the vehicle unit number of each such vehicle41as assigned by the fleet operator, and such other information pertinent to42vehicle registration as the department may require.43(b) The department shall determine the total amount necessary to register44each and every vehicle for which registration is requested pursuant to45this subsection based on the regular annual fees prescribed for such vehi-46cle pursuant to this title.47(c) A registration card shall be issued for each registered vehicle48appropriately identifying it, which card shall be carried in or upon the49vehicle identified at all times.50(d) Vehicles acquired and added to the fleet after the commencement of51the registration year and which require registration shall be registered52upon payment of the annual fee if registered within the first six (6)53month period during which the fleet is annually registered and one-half54(1/2) the annual fee if registered after the first six (6) month period55during which the fleet is annually registered. If any vehicle is withdrawn10 1from the fleet during the period for which it is registered, the fleet2operator shall so notify the department on appropriate forms to be pre-3scribed by the department. The department may require the surrender to the4department of registration cards and other identification devices which5have been issued with respect to the vehicle as the department may deem6advisable.7(e) The registration period for vehicles registered pursuant to this sub-8section shall be for a twelve (12) month period. Vehicles may be initially9registered for less than a twelve (12) month period, or for more than a10twelve (12) month period, and the fee prorated on a monthly basis if the11fractional registration tends to fulfill the purpose of this subsection.12(f) The term "fleet" as used in this subsection shall mean a group of13vehicles owned by or operated under the unified control of one (1) person.1415 SECTION 7. That Section 49-401B, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 49-401B. APPLICATION FOR REGISTRATION -- RECEIPT FOR FEE -- RECORD OF 18 APPLICANTS. (1) Application for the registration of a vehicle required to be 19 registered under the provisions of section 49-401A, Idaho Code, shall be made 20 to the assessor or the department as specified in that section, by the owner 21 upon the appropriate form. Every application shall be signed by the owner and 22 contain his residence address and a brief description of the vehicle to be 23 registered, including the name of the maker, the type of fuel used, and the 24 identification number. Upon registration of a new vehicle, the application 25 shall also show the date of sale by the manufacturer or dealer to the person 26 first operating such vehicle. The application shall contain any other informa- 27 tion as may be required by the department. The assessor shall issue to the 28 applicant a receipt for any fee paid, and shall forward to the depart-29ment a duplicate copy of that receipt. 30 (2) The assessor shall record on a form prescribed and furnished by the 31 department, the names of all owners of vehicles residing in the county who 32 make application for registration, together with the amounts of the fees paid 33 by such owners. 34 (3) When application for registration is made by any motor carrier as 35 defined in section 61-801, Idaho Code, or by any interstate carrier as defined 36 in section 61-801A, Idaho Code, the assessor or the department shall require 37 each such applicant to exhibit a receipt for the payment of the regulatory fee 38 required of any motor carrier by section 61-811, Idaho Code, or evidence of 39 the payment of the registration fee of any interstate carrier required by sec- 40 tion 61-802B and section 61-812, Idaho Code. The number and the amount paid 41 shall be noted on the application. Pursuant to the authority and duty pro- 42 vided in section 61-811A, Idaho Code, each assessor and the department, shall 43 when the regulatory fees of motor carriers and the registration fees of inter- 44 state carriers have not been paid prior to registration, collect such regula- 45 tory fees for the public utilities commission. Each assessor and the depart- 46 ment shall monthly submit a list of all carriers paying fees and remit monthly 47 all fees to the Idaho public utilities commission no later than the tenth day 48 of each month following collection. 49 (4) Vehicles registered under the proportional registration provisions of 50 section 49-435, Idaho Code, shall be registered by the department. 51 (5) Every owner of a vehicle registered by a county assessor shall give 52 his principal residence ordomicledomicile address 53 to the assessor so that the proper county can be entered upon the registra- 11 1 tion. Failure to do so shall be unlawful. The department shall then attribute 2 the registration, and all fees to be apportioned to the highway distribution 3 account, to the county of residence regardless of the county in which the reg- 4 istration occurred. Fees imposed under the provisions of sections 40-827 and 5 40-1416, Idaho Code, shall be separately identified and accounted for, and 6 paid to the highway district for which collected. For the purposes of vehicle 7 registration, a person is an actual and permanent resident of the county in 8 which he has his principal residence or domicile. A principal residence or 9 domicile shall not be a person's workplace, vacation, or part - 10 time residence. 11 (6) A violation of the provisions of this section shall be an infraction. 12 SECTION 8. That Section 49-402, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup 15 truck and each other motor vehicle having a maximum gross weight not in excess 16 of eight thousand (8,000) pounds, designed for the purpose of carrying passen- 17 gers and not used for hire shall be: 18 Vehicles one (1) and two (2) years old ............................ $48.00 19 Of the registration fees collected for vehicles one (1) and two (2) years 20 old, $36.48 shall be deposited to the highway distribution account and 21 $11.52 shall be deposited to the restricted highway fund. 22 Vehicles three (3) and four (4) years old ......................... $36.00 23 Of the registration fees collected for vehicles three (3) and four (4) 24 years old, $33.48 shall be deposited to the highway distribution account 25 and $2.52 shall be deposited to the restricted highway fund. 26 Vehicles five (5) and six (6) years old ........................... $36.00 27 Of the registration fees collected for vehicles five (5) and six (6) years 28 old, $26.28 shall be deposited to the highway distribution account and 29 $9.72 shall be deposited to the restricted highway fund. 30 Vehicles seven (7) and eight (8) years old ........................ $24.00 31 Of the registration fees collected for vehicles seven (7) and eight (8) 32 years old, $22.68 shall be deposited to the highway distribution account 33 and $1.32 shall be deposited to the restricted highway fund. 34 Vehicles over eight (8) years old ................................. $24.00 35 Of the registration fees collected for vehicles over eight (8) years old, 36 $16.08 shall be deposited to the highway distribution account and $7.92 37 shall be deposited to the restricted highway fund. 38 There shall be twelve (12) registration periods, starting in January for 39 holders of validation registration stickers numbered 1, and proceeding consec- 40 utively through December for holders of validation registration stickers num- 41 bered 12, each of which shall start on the first day of a calendar month and 42 end on the last day of the twelfth month from the first day of the beginning 43 month. Registration periods shall expire midnight on the last day of the reg- 44 istration period in the year designated by the validation registration 45 sticker. The numeral digit on the validation registration stickers shall, as 46 does the registration card, fix the registration period under the staggered 47 plate system of Idaho for the purpose of reregistration and notice of expira- 48 tion. 49 A vehicle that has once been registered for any of the above designated 50 periods shall, upon reregistration, be registered for the period bearing the 51 same number, and the registration card shall show and be the exclusive proof 52 of the expiration date of registration and licensing. Vehicles may be ini- 53 tially registered for less than a twelve (12) month period, or for more than a 12 1 twelve (12) month period, and the fee prorated on a monthly basis if the frac- 2 tional registration tends to fulfill the purpose of the monthly series regis- 3 tration system. 4 (2) For all motor vehicles equipped to carry passengers and operated pri- 5 marily for hire exclusively within the limits of an incorporated city and 6 adjacent thereto, when the service outside the city is a part of a regular 7 service rendered inside the city, and for school buses operated either by a 8 nonprofit, nonpublic school or operated pursuant to a service contract with a 9 school district for transporting children to or from school or in connection 10 with school approved activities, the annual fee shall be twelve dollars and 11 forty-eight cents ($12.48). 12 (3) For all hearses, ambulances and wreckers the annual fee shall be 13 twenty-nine dollars and forty cents ($29.40), and these vehicles shall bear 14 passenger car plates. No operator of a hearse, ambulance, or wrecker shall be 15 entitled to operate them by virtue of any dealer's license that may have been 16 issued under the provisions of this chapter. 17 (4) For all motorcycles and all-terrain vehicles the annual fee shall be 18 nine dollars ($9.00). For operation of an ATV off the public highways, the fee 19 specified in section 67-7122, Idaho Code, shall also be paid. Registra- 20 tion exemptions provided in section 49-426(2), Idaho Code, apply to all- 21 terrain vehicles and motorcycles used for the purposes described in that sub- 22 section (2). 23 (5) For all motor homes the fee shall be as specified in subsection (1) 24 of this section and shall be in addition to the fees provided for in section 25 49-445, Idaho Code. 26 (6) Registration fees shall not be subject to refund. 27 (7) A financial institution or repossession service contracted to a 28 financial institution repossessing vehicles under the terms of a security 29 agreement shall move the vehicle from the place of repossession to the finan- 30 cial institution's place of business on a repossession plate. The repossession 31 plate shall also be used for demonstrating the vehicle to a prospective pur- 32 chaser for a period not to exceed ninety-six (96) hours. The registration fees 33 for repossession plates shall be as required in subsection (1) of this section 34 for a vehicle one (1) and two (2) years old. All other fees required under 35 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee. 36 The repossession plate shall be issued on an annual basis by the department. 37 (8) In addition to the annual registration fee in this section, there 38 shall be an initial program fee of twenty-five dollars ($25.00) and an annual 39 program fee of fifteen dollars ($15.00) for all special license plate programs 40 for those license plates issued pursuant to sections 49-404A, 49-407, 49-408, 41 49-409, 49-414, 49-416 and 49-418, Idaho Code. For special plates issued pur- 42 suant to sections 49-406 and 49-406A, Idaho Code, there shall be an initial 43 program fee of twenty-five dollars ($25.00) but there shall be no annual 44 renewal fee. For special plates issued pursuant to sections 49-417 and 45 49-417A, Idaho Code, there shall be an initial program fee of thirty-five dol- 46 lars ($35.00) and an annual program fee of twenty-five dollars ($25.00). The 47 fees contained in this subsection shall be applicable to all new special plate 48 programs. The initial program fee and the annual program fee shall be depos- 49 ited in the state highway account and shall be used to fund the cost of admin- 50 istration of special license plate programs which are provided to the public 51 as a personal alternative to the standard license plate requirements. 52 SECTION 9. That Section 49-428, Idaho Code, be, and the same is hereby 53 amended to read as follows: 13 1 49-428. DISPLAY OF PLATE AND STICKERS. (1) License plates assigned to a 2 motor vehicle, other than a motorcycle, all terrain vehicle, trailer, or3semitrailer, and other than the license plate assigned to a motor vehicle4operated by a manufacturer, repossession agent or dealer,shall be 5 attached, one in the front and the other in the rear., with 6 the exception of the following: 7 (a) The license plate assigned to a motorcycle, all - 8 terrain vehicle or semitrailer and the license plate assigned to a 9 motor vehicle operated by a manufacturer, repossession agent or dealer 10 shall be attached to the rear. 11 (b) Vehicles displaying year of manufacture, old timer, classic car or 12 street rod license plates shall be allowed to display one (1) plate 13 attached to the rear of the vehicle. 14 (c) The license plate attached to a tractor shall be 15 attached to the front. 16 License plates shall be displayed during the current registration year. The 17 annual registration sticker for the current registration year shall be dis- 18 played on each license plate , except for trailers and semitrailers on 19 extended registration under the provisions of section 49-434, Idaho Code 20 . For the purposes of this title, the license plates together with the 21 registration stickers shall be considered as license plates for the year des- 22 ignated on the registration sticker. 23 (2) Every license plate shall at all times be securely fastened to the 24 vehicle to which it is assigned to prevent the plate from swinging, be at a 25 height not less than twelve (12) inches from the ground, measuring from the 26 bottom of the plate, be in a place and position to be clearly visible, and 27 shall be maintained free from foreign materials and in a condition to be 28 clearly legible, and all registration stickers shall be securely attached to 29 the license plates and shall be displayed as provided in section 49-443(3054 ), Idaho Code. 31 SECTION 10. That Section 49-429, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 49-429. DISPLAY OF COPY OF APPLICATION PENDING RECEIPT OF LICENSE PLATE. 34Upon theWhen an owner chooses to display special license 35 plates, upon payment of required feesby the owner of a vehicle36theassessor ordepartment or the assessor 37 shall issue to the applicant a copy of the application. The copy must be dis- 38 played in a suitable place on thewindshieldrear window 39 of a motor vehicle, or ifforatrailer or semi-40trailer, then transported in the motor vehicle drawing such trailer or semi-41trailermotorcycle, displayed on the motorcycle . The copy 42 shall constitute compliance with the provisions of this chapter until such 43 time as the license plates are received from the department. The copy of the 44 application shall not have any value as compliance with the provisions of this 45 chapter from and after the receipt of the license plates from the department. 46 SECTION 11. That Section 49-434, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 49-434. OPERATING FEES. (1) There shall be paid on all commercial vehi- 49 cles, noncommercial vehicles, and on all farm vehicles having a maximum gross 50 weight not in excess of sixty thousand (60,000) pounds, an annual registration 51 fee in accordance with the following schedule. 14 1 Maximum Gross WeightAnuual ReigstrationAnnual Regis- 2 tration Fee 3 (Pounds) Noncommercial and Commercial 4 Farm Vehicles Vehicles 5 8,001-16,000 inc. .............................$ 31.08 $ 30.60 6 16,001-26,000 inc. ............................. 61.08 143.40 7 26,001-30,000 inc. ............................. 91.68 223.80 8 30,001-40,000 inc. ............................. 130.08 291.60 9 40,001-50,000 inc. ............................. 188.28 360.00 10 50,001-60,000 inc. ............................. 311.88 515.40 11 (2) There shall be paid on all commercial vehicles, irrespective of body 12 type, and on all farm vehicles having a maximum gross weight in excess of 13 sixty thousand (60,000) pounds, an annual registration fee in the amount of 14 one hundred twenty dollars ($120). 15 (3) In addition,anthe annual registration fee 16 for trailers shall be :required for each1718 (a)tT railer or semitrailer in a 19 combination of vehiclesin the amount of fifteen dollars20 ..........................($15.00).21 (b) Rental utility trailer with a gross weight of two thousand 22 (2,000) pounds or less .......................................$8.00 23 (c) Rental utility trailer with a gross weight over two thousand 24 (2,000) pounds ..............................................$15.00 25 (4) As an option to the trailer and semitrailer annual reg- 26 istration, the department may provide extended registration. 27 (a) For trailers and semitrailers, tThe 28 optional extended-registration period shall not extend beyond seven (7) 29 years. 30 (b) The fee shall be fifteen dollars ($15.00) for each year. 31 (c) The license plate originally issued shall remain on the trailer or 32 semitrailer until the registration expires. 33 (d) The registration document shall be the official record of the 34 status of the extended registration. No pressure-sensitive validation 35 sticker shall be required. 36 (e) For rental utility trailers, the optional registration period shall 37 not extend beyond five (5) years. The fee shall be as specified in subsec- 38 tion (3)(b) or (c) of this section. A pressure-sensitive sticker shall be 39 used to validate the license plate. The license plate shall become void if 40 the owner's interest in the rental utility trailer changes during the five 41 (5) year period. If the owner fails to enter the rental utility trailer on 42 the annual renewal application during the five (5) year period, the regis- 43 tration record shall be purged. Any unrenewed plate shall be returned to 44 the department if it is not entered on the renewal application. 45 (5) A fleet registration option is available to owners who have twenty- 46 five (25) or more commercial or farm vehicles or any combination thereof. Such 47 owners may register all of their company vehicles with the department in lieu 48 of registering with a county assessor. To qualify the fleet must be owned and 49 operated under the unified control of one (1) person and the vehicles must be 50 physically garaged and maintained in two (2) or more counties. Fleet registra- 51 tion shall not include fleets of rental vehicles. The department shall provide 52 a registration application to the owner and the owner shall provide all infor- 53 mation that the department determines is necessary. The department shall 54 devise a special license plate numbering system for fleet-registered vehicles 55 as an alternative to county license plates. The fleet registration application 15 1 and all subsequent registration renewals shall include the physical address 2 where a vehicle is principally used, garaged and maintained. The fleet owner 3 shall report the physical address to the department upon initial registration, 4 on each renewal, and at any time a vehicle registered under this option is 5 permanently transferred to another location. 6 (6) If the ownership of atrailer or semitrailer7 vehicle changes during theextended-registration 8 period, the original owner may transfer the plate to another vehicle. The 9 remaining fee shall be credited against the cost of the new registration. No 10 refunds shall be given for any unexpired portion of thetrailer or semi-11trailervehicle registration fee if the plate is not 12 transferred by the owner to anothertrailervehicle . 13 An extendedlicense plate shall not be transferred 14 to another owner when the ownership of atrailer or semitrailer15 vehicle changes. 16(e) A sticker validating the extended registration shall be affixed17to the license plate.The owner shall obtain a replacement plate, 18 validation sticker if required, and a registration document 19from the departmentwhen a plate is lost, destroyed or 20 becomes illegible. 21(4) An annual registration fee of eight dollars ($8.00) shall be22required for each rental utility trailer having a maximum laden or gross23weight of up to two thousand (2,000) pounds, or fifteen dollars ($15.00) for24each rental utility trailer having a maximum laden or gross weight in excess25of two thousand (2,000) pounds.26(a) For a fee of eight dollars ($8.00) or fifteen dollars ($15.00) per27year, as applicable, for each rental utility trailer, the department may28issue a rental utility trailer license plate that shall remain valid for a29period of five (5) years.30(b) The license plate shall become void if the owner's interest in the31rental utility trailer changes during the five (5) year period.32(c) If the owner fails to enter the rental utility trailer on the annual33renewal application during the five (5) year period, the registration34record shall be purged. Any unrenewed, unexpired plate shall be returned35to the department if it is not entered on the renewal application.36 (57 ) An administrative fee of four dollars 37 ($4.00) shall be paid and deposited to the state highway account on all regis- 38 trations completed by the department under this section. 39 (68 ) In addition to the registration and 40 license fees provided by subsections (1) and (2) of this section, there shall 41 be paid on all commercial vehicles having a maximum gross weight in excess of 42 sixty thousand (60,000) pounds, a use fee based upon the registered maximum 43 gross weight in accordance with the following schedule. The use fees shall be 44 calculated by multiplying the mills per mile, determined from the mills per 45 mile schedule table, times the reported mileage for the vehicle, subject to 46 the provisions of this section. 47 Maximum Gross 48 Weight of Vehicle Mills per Mile 49 (Pounds) 50 60,001-62,000 30.05 51 62,001-64,000 31.35 52 64,001-66,000 32.60 53 66,001-68,000 33.90 54 68,001-70,000 35.15 55 70,001-72,000 36.40 16 1 72,001-74,000 38.55 2 74,001-76,000 40.65 3 76,001-78,000 42.75 4 78,001-80,000 44.90 5 80,001-82,000 47.00 6 82,001-84,000 49.10 7 84,001-86,000 51.20 8 86,001-88,000 53.30 9 88,001-90,000 55.40 10 90,001-92,000 57.50 11 92,001-94,000 59.60 12 94,001-96,000 61.70 13 96,001-98,000 63.80 14 98,001-100,000 65.90 15 100,001-102,000 68.00 16 102,001-104,000 70.10 17 104,001-106,000 72.20 18 For each additional two thousand (2,000) pounds or fraction thereof in excess 19 of one hundred six thousand (106,000) pounds add 2.1 mills per mile. 20 (79 ) In addition to the registration and 21 license fees of this section, there shall be paid on all farm vehicles, and 22 any commercial vehicle exclusively engaged in the transportation of logs, pulp 23 wood, stull, poles, piling, rough lumber, ores, ore concentrates, sand and 24 gravel aggregates in bulk, livestock and vehicles used for the sole purpose of 25 transporting milk from the farm to processing plant, having a maximum gross 26 weight in excess of sixty thousand (60,000) pounds, a use fee in accordance 27 with the following schedule. The use fees shall be calculated by multiplying 28 the mills per mile, determined from the mills per mile schedule table, times 29 the reported mileage for the vehicle, subject to the provisions of this sec- 30 tion. 31 Maximum Gross 32 Weight of Vehicle Mills per Mile 33 (Pounds) 34 60,001-62,000 22.45 35 62,001-64,000 22.45 36 64,001-66,000 22.45 37 66,001-68,000 22.45 38 68,001-70,000 22.45 39 70,001-72,000 22.45 40 72,001-74,000 22.45 41 74,001-76,000 22.45 42 76,001-78,000 22.45 43 78,001-80,000 22.45 44 80,001-82,000 24.55 45 82,001-84,000 26.65 46 84,001-86,000 28.75 47 86,001-88,000 30.85 48 88,001-90,000 32.95 49 90,001-92,000 35.05 50 92,001-94,000 37.15 51 94,001-96,000 39.25 52 96,001-98,000 41.35 53 98,001-100,000 43.45 54 100,001-102,000 45.55 55 102,001-104,000 47.65 17 1 104,001-106,000 49.75 2 For each additional two thousand (2,000) pounds or fraction thereof in excess 3 of one hundred six thousand (106,000) pounds add 2.1 mills per mile. 4 (810 ) If any vehicle, or combinations of vehi- 5 cles move on the highways of the state, and the vehicle or combination exceeds 6 its registered maximum gross weight there shall be paid for that vehicle, the 7 fees provided for in either subsection (68 ) or 8 (79 ) of this section, as applicable, for the actual 9 gross weight of the vehicle or combination of vehicles for the miles traveled 10 at the heavier weight. 11 (911 ) If any vehicle or combinations of vehicles 12 haul nonreducible loads, as authorized under the provisions of section 13 49-1004, Idaho Code, then and in that event there shall be paid for that vehi- 14 cle, in addition to the other fees required in this section, an additional use 15 fee of 2.1 mills per mile for each two thousand (2,000) pounds or fraction 16 thereof of the maximum gross weight in excess of those set forth in section 17 49-1001, Idaho Code. 18 (102 ) Any owner operating vehicle combinations 19 may apply to the department for authority to report multiple weights and pay 20 use fees based upon the maximum gross weight of each configuration in the com- 21 bination being operated. The owner shall declare a maximum gross weight for 22 each configuration being operated but not more than three (3) maximum gross 23 weights for a vehicle combination may be declared. Any owner who receives 24 authority to report and pay use fees at multiple maximum gross weights shall 25 register the motor vehicle in a combination at the highest maximum gross 26 weight of the vehicle. Any owner who reports vehicle combinations at multiple 27 weights and fails to maintain records and furnish said records to the depart- 28 ment upon request which show the configuration of the combination of vehicles 29 and the trailer and unit number for all miles and trip segments traveled shall 30 have all miles assessed at the highest maximum gross weight of the combination 31 of vehicles. 32 (113 ) An applicant for registration of a com- 33 mercial vehicle, a noncommercial vehicle or a farm vehicle shall set forth the 34 maximum gross weight of the vehicle or combination of vehicles and the appli- 35 cant shall pay any annual registration fees and any annual license fees on 36 trailers and semitrailers required at the time he makes application for regis- 37 tration subject to the provisions of subsections (1) ,and38(2) , (3) and (4) of this section. No part of the registra- 39 tion or license fees shall be subject to refund. The use fee payment required 40 shall be computed according to the schedule in either subsection (6418 ) or (79 ) of this section on the 42 mileage operated over the highways of the state of Idaho and the owner of any 43 vehicle against which a use fee is assessed, shall at the time of making his 44 next quarterly report pay the use fee, if any, for the three (3) calendar 45 months immediately prior. In determining the mileage subject to the use fee, 46 there shall be deducted the miles traveled on roadways maintained with private 47 funds by agreement with the public agency or agencies having jurisdiction over 48 them. In no event shall the total money credited to the owner for the mileage 49 exceed the actual cost of maintenance expended by him. 50 (124 ) Any owner who operates or intends to 51 operate non-Idaho based vehicles in Idaho that are subject to the use fee 52 required under the provisions of this section shall apply for a use fee 53 account before operating the vehicles in Idaho. In lieu of establishing a use 54 fee account the owner may purchase a trip permit under the provisions of sec- 55 tion 49-432 or 49-433, Idaho Code, as applicable. The department shall develop 18 1 rules to administer the use fee account. Any owner who has not established a 2 use fee account or has not purchased a trip permit prior to operating in Idaho 3 shall have committed an infraction. 4 SECTION 12. That Section 49-434A, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 49-434A. PENALTIES FOR FAILURE TO PAY OPERATING FEES. Any motor vehicle 7 or combination of vehicles owned by a nonresident and operated in Idaho for 8 which the proper registration and operating fees in Idaho have not been paid 9 under the provisions of section 49-432, 49-433, 49-434(5)or 10 49-435, Idaho Code, shall, upon discovery, be subject to the following penal- 11 ties: 12 Seizure and detention for up to seventy-two (72) hours by any law enforce- 13 ment agency or port of entry personnel of the vehicle and its entire cargo if 14 the cargo does not consist of perishable food products or livestock; 15 (1) Release from detention shall be accomplished only by presentation of 16 proper evidence that the applicable fees have been paid; or 17 (2) Off-loading of any cargo onto a properly licensed and registered 18 vehicle. 19 SECTION 13. That Section 49-436, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 49-436. QUARTERLY REPORTS -- MAINTAINING RECORDS -- PENALTIES -- DEPOSIT 22 OR BOND TO SECURE PAYMENT OF FEES -- APPEAL. (1) Not later than the last day 23 of April, and on the last day of each third calendar month thereafter, each 24 owner of a commercial or farm vehicle having a maximum combined gross weight 25 in excess of sixty thousand (60,000) pounds, shall file with the department a 26 statement of the gross miles each vehicle has traveled over the highways of 27 the state of Idaho for the preceding calendar months of the year for which 28 that report is made. Each report shall be cumulative of all miles traveled 29 during all calendar months in that year for which the report is made. 30 (2) Every owner whose fees are computed as specified in section 49-434, 31 Idaho Code, shall maintain records and permit the department to inspect the 32 records upon request to substantiate the following: 33 (a) The actual miles traveled over Idaho highways. 34 (b) Identification of the commodities hauled if using the schedule in 35 section 49-434(59 ), Idaho Code. 36 (c) Reporting at multiple weights pursuant to section 49-434, Idaho Code. 37 (d) If an owner registers a vehicle or combination of vehicles at a 38 weight in excess of sixty thousand (60,000) pounds and the registered max- 39 imum gross weight is less than the weight allowable under the provisions 40 of section 49-1001, Idaho Code, for that vehicle or combination of vehi- 41 cles, then the owner must maintain and provide to the department on demand 42 records of the vehicle or combination of vehicles actual gross weight and 43 the configuration of the combination of vehicles for all miles traveled. 44 If the owner fails to maintain and produce such records then all miles for 45 the vehicle or combination of vehicles will be assessed at the highest 46 weight the vehicle or combination of vehicles could legally operate pursu- 47 ant to section 49-1001, Idaho Code. If an owner registers a vehicle or 48 combination of vehicles at a weight in excess of sixty thousand (60,000) 49 pounds and the registered maximum gross weight is equal to or exceeds the 50 weight allowable under the provisions of section 49-1001, Idaho Code, for 51 that vehicle or combination of vehicles then the owner is not required to 19 1 maintain actual gross weight records of the vehicle or combination of 2 vehicles. Owners may voluntarily report quarterly the weight hauled in 3 excess of registered maximum gross weight and may pay use fees for such 4 voluntarily reported weight without penalty. 5 (e) Overweight travel authorization fees as set forth in section 49-1001, 6 Idaho Code, shall be remitted quarterly. 7 (3) When the records are maintained outside this state by owners engaged 8 in transportation in this state, the owner shall reimburse the department for 9 reasonable expenses incurred by the department in making audits of those 10 records and accounts at the out-of-state location. The owner or the department 11 may request that the records be presented at a place within the state desig- 12 nated by the department. The records must be presented by a representative of 13 the owner familiar with the records and who is responsible for the safekeeping 14 of the records. Every owner is required to maintain records for four (4) years 15 from the due date of the quarterly report unless the department and the owner 16 agree in writing to shorten or lengthen the time period. The amount of fees 17 imposed in this chapter shall be assessed within four (4) years after the due 18 date of the quarterly report unless the department and owner agree in writing 19 to lengthen the time period. If an assessment has been made, such fees may be 20 collected by a proceeding in court within a period of three (3) years after 21 the assessment or a final order entered pursuant to subsection (10) of this 22 section. 23 (4) Owners of commercial and farm vehicles using the registration fee 24 schedules in section 49-434(1), Idaho Code, are subject to audit to determine 25 if the proper schedule is being used. If the weight classification being used 26 is found to be understated, the difference between the registration fees paid 27 and the registration fees due will become due and payable. If the vehicles are 28 found to be operating in excess of sixty thousand (60,000) pounds gross 29 weight, the difference between the registration fees paid under section 30 49-434(1), Idaho Code, and the amount that would have been due under the use 31 fee schedule in section 49-434(48 ) or (5329 ), Idaho Code, will be determined and the balance due, if 33 any, will be collected. If an owner registers a vehicle or combination of 34 vehicles at a weight less than the weight allowable under the provisions of 35 section 49-1001, Idaho Code, for that vehicle or combination of vehicles then 36 the owner must maintain vehicle gross weight records in addition to the mile- 37 age records and allow the department to inspect the vehicle gross weight and 38 mileage records. 39 (5) Owners using the use fee schedules in section 49-434(4408 ) and (59 ), Idaho Code, are sub- 41 ject to audit to determine if the proper use fee schedule and weight classifi- 42 cation is being used and if all miles traveled on Idaho highways have been 43 reported. If the operating weight, as determined from citations issued for 44 exceeding weight limitations specified in title 49, Idaho Code, exceeds the 45 registered maximum gross weight, the additional use fees for the miles 46 traveled at the heavier weight, if not already paid, shall become due and pay- 47 able. 48 (6) An owner who fails to maintain records as required by the provisions 49 of this section may have the registration of all vehicles registered under 50 sections 49-434 and 49-435, Idaho Code, suspended until such time as adequate 51 records as required by the provisions of this section are provided. In the 52 event that the owner does not produce records, the department may make an 53 assessment of fees due based on an estimate of the operation. The department 54 shall promulgate rules specifying the methodology used to determine an assess- 55 ment based on an estimate of the operation. There shall be added to every such 20 1 estimated assessment a penalty of two percent (2%) per month or fraction 2 thereof after the report was required to be filed or the fee became due up to 3 a maximum penalty of thirty-six percent (36%) of the fee due. Upon payment of 4 the estimated assessment and all other fees due and owing including the rein- 5 statement fee the owner's registration shall be reinstated. 6 (7) An owner who fails to file any reports or pay any fees or penalties 7 due is subject to suspension of their vehicle registrations. An order suspend- 8 ing the vehicle registrations shall be mailed to the owner upon discovery of 9 the deficiency by the department. The suspension shall be lifted if the 10 reports are filed and the payments due are made, along with a reinstatement 11 fee of forty dollars ($40.00) per carrier within fifteen (15) days after 12 receipt of the suspension order. The reinstatement fees shall be deposited to 13 the state highway account. The owner shall have the right to appeal the sus- 14 pension by petitioning the department for a hearing within ten (10) days after 15 receipt of the suspension order. If the suspension is set aside the reinstate- 16 ment fee shall not be due. 17 (8) An owner failing to file a mileage report or pay any fee due within 18 the time required as specified in this section, shall in addition to the 19 amount of the fee pay a penalty of ten percent (10%) of the amount of fee 20 determined to be due, plus the interest of one percent (1%) of the amount of 21 the use fees due for each month or fraction thereof after the report was 22 required to be filed or the fee became due, but the department may remit all 23 or any part of the penalty and interest if satisfied that the delay was excus- 24 able. The department shall promulgate rules specifying when the penalty may be 25 held in abeyance or forgiven. 26 (9) (a) If the department finds it necessary in order to ensure the col- 27 lection of any fees or penalties imposed upon an owner, it may at the time 28 and as a condition of granting a registration or to reinstate a registra- 29 tion require an owner to deposit and keep on deposit with the department a 30 sum equal to the estimated fees computed under the schedule in section 31 49-434, Idaho Code, for a period of not to exceed three (3) months. In 32 determining the necessity for an applicant or owner to maintain a deposit 33 the department shall consider the applicant or owner's financial capabil- 34 ity and responsibility and prior experience, if any, in collecting fees or 35 penalties from the applicant, owner or any person having a substantial 36 interest or control, directly or indirectly, in or over the operations 37 conducted or to be conducted under the registration. 38 (b) The department may accept in lieu of a deposit a bond to secure pay- 39 ment of sums payable by the owner. The total amount of the deposit or bond 40 shall be determined by the department in a manner as it shall deem proper, 41 taking into account the nature and scope of the owner's operations. The 42 amount may be increased or reduced at any time. 43 (c) If an owner ceases to be registered under the provisions of this 44 chapter, the department, upon receipt of all payments due, shall refund to 45 the owner all deposits remaining to the owner's credit and shall release 46 the surety on any bond given under this section. 47 (d) Any applicant or owner required to make a deposit to secure the pay- 48 ment of fees or penalties may by proper petition demand a hearing on the 49 necessity of the deposit or the reasonableness of the amount required. A 50 hearing shall be granted and held within ten (10) days after the demand. 51 The decision of the director shall become final ten (10) days after ser- 52 vice of the order upon the applicant or owner concerned. Notice shall be 53 served personally or by certified mail addressed to the applicant or owner 54 at his address as it appears in the records of the department. An appeal 55 may be taken from any decision of the department as from the decision of 21 1 the magistrate's division to the district court. 2 (10) An owner wishing to contest an assessment made by the department may 3 within thirty (30) days from receipt of the assessment file an appeal with the 4 department. Upon receipt of an appeal the director or his authorized represen- 5 tative shall schedule an informal conference between the owner and a represen- 6 tative of the department. The informal conference must be conducted within 7 twenty (20) days from the date of receipt of notice of intent to appeal from 8 the owner. The owner and the representative of the department shall reduce all 9 conclusions, agreements and decisions to writing, if an informal conference is 10 held, but attendance at and participation in the informal conference is at the 11 option of the owner. If an informal conference is held, the written report of 12 the results of that conference shall be provided to the director within ten 13 (10) days. If the results of the informal conference are not satisfactory to 14 the owner, he may continue with the appeal by informing the director in writ- 15 ing, and the director or his authorized representative shall appoint a hearing 16 officer to conduct a contested case hearing in accordance with chapter 52, 17 title 67, Idaho Code. The hearing officer may subpoena witnesses and evidence 18 and administer oaths. The hearing officer shall prepare written findings of 19 fact and conclusions of law for the director or his authorized representative. 20 Upon receipt of findings of fact and conclusions of law the director or his 21 authorized representative shall issue a final order affirming, modifying or 22 reversing the original assessment. All final orders rendered by the director 23 or his authorized representative shall be appealable in accordance with chap- 24 ter 52, title 67, Idaho Code. 25 SECTION 14. That Section 49-437, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 49-437. INCREASE IN MAXIMUM GROSS WEIGHT -- FEES FOR REMAINING PORTION OF 28 YEAR. (1) When a motor vehicle, trailer or semitrailerreg- 29 istered under section 49-434 or 49-435, Idaho Code, has once been reg- 30 isteredunder the provisions of this chapterand during the year 31 of that registrationengages in operations increasing32 increases the maximum gross weight ,for which that33vehicle was registered and requiring additional fees, the owner of the vehicle34shall be credited with the amount already paid toward the account of the35higher fee or fees. When the initial registration is made before August 1st36and the increase in gross weight is also made before August 1st, the applicant37shall pay the full amount of the additional fees computed as of the original38registration date; if the increase is made between August 1st and November391st, one-half (1/2) of the additional fees shall be paid; and if the increase40is made after November 1st, one-fourth (1/4) of such additional fees shall be41paid. When the initial registration is made between August 1st and November421st, and the increase in gross weight is made before November 1st, the appli-43cant shall pay the full amount of such additional fees computed as of the ini-44tial registration date; if the increase is made after November 1st, one-half45(1/2) of such additional fees shall be paid. When the initial registration is46made after November 1st the applicant shall pay the full amount of such addi-47tional fees computed as of the initial registration datethe 48 higher fee due for the weight increase shall be offset by the fee already 49 paid. The fee already paid and the fee due shall be prorated by one-twelfth 50 (1/12) for each month already expired in the registration year. The difference 51 between the two (2) fees shall be the balance due for the remainder of the 52 registration year. If an owner decreases the weight during a registration 53 year, the weight decrease shall not result in a refund of the fees already 22 1 paid . 2 (2) If a motor vehicle, trailer or semitraileris not oper- 3 ated on any highway during the first months of a calendar year,they4the owner may at any time thereafter be registered for the 5 remainder of the year on payment of all fees as provided in this chapter, less 6 one-twelfth (1/12) of such feesand mileagefor each full calen- 7 dar month which has expired prior to registering, but in no event shall the 8 minimum fee be less than five dollars ($5.00). 9 SECTION 15. That Section 49-443, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 49-443. LICENSE PLATES TO BE FURNISHED BY DEPARTMENT -- FORM AND CON- 12 TENTS. (1) The assessor or the department shall furnish to every owner whose 13 vehicle is registered by that office, pursuant to sections 49-402 and 49-402A, 14 Idaho Code, one (1) license plate for vehicles registered under the provisions 15 of section 49-406, 49-406A or 49-408, Idaho Code, or a motorcycle, trailer, 16 truck-tractor, or semitrailer, and two (2) license plates for every other 17 motor vehicle. If a vehicle is issued one (1) plate only, that plate shall be 18 displayedon the rear of the vehiclein accordance with the 19 provisions of section 49-428, Idaho Code . For vehicles registered under 20 the provisions of section 49-407, Idaho Code, the applicant shall provide one 21 (1) plate to be displayed on the rear of the vehicle. 22 Commencing January 1, 1992, the color and design of the plates shall be 23 comparable to the color and design of the statehood centennial issue of 24 license plates with blue numerals and letters on a multicolored red, white and 25 blue background. Each license plate must bear upon its face the inscriptions 26 "Famous Potatoes" and "Scenic Idaho." 27 Every license plate shall have displayed upon it the registration number 28 assigned to the vehicle and its owner and the name "Idaho" which may be abbre- 29 viated. The plates issued under the provisions of section 49-402(1), Idaho 30 Code, and the required letters and numerals, including an identification of 31 the county in which the motor vehicle to which the plates will be affixed is 32 registered, shall be of sufficient size to be plainly readable from a distance 33 of seventy-five (75) feet during daylight, and each license plate and regis- 34 tration sticker shall be treated with a fully reflectorized material according 35 to specifications prescribed by the board. 36 (2) License plates shall be valid for a period of seven (7) years begin- 37 ning with the date of issuance of new plates. At the end of the sixth year, 38 the registered owner shall receive notice of the date upon which the plates 39 will expire. The department shall implement a plate-number reservation program 40 beginning prior to the 1999 plate issue and following once every seven (7) 41 years thereafter, for a limited plate-number sequence in each county which 42 chooses to offer a reservation program. Requests for license plate number res- 43 ervations shall be submitted to the county during the open reservation period 44 established by the department. The department may charge a minimal fee as 45 determined by the board to recover costs to the department for reservation of 46 license plate numbers. 47 (3) If a license plate number has expired as provided in subsection (2) 48 of this section and the number was not reserved, or if the vehicle registra- 49 tion is not renewed within sixty (60) days of its expiration, the plate number 50 shall be available for use by another registrant. To obtain a specific number 51 in the recycled license plate number file, the owner of a registered vehicle 52 shall pay a one (1) time fee as determined by rule of the board. 53 The provisions of this subsection shall apply only to vehicles registered 23 1 under the provisions of section 49-402(1), Idaho Code, and section 49-434(1), 2 Idaho Code, as it applies to noncommercial vehicles. 3 (4) License plates issued for vehicles required to be registered in 4 accordance with the provisions of sections 49-402 and 49-402A, Idaho Code, 5 shall be issued color coded registration validation stickers showing the year 6 of registration. Each registration validation sticker shall bear a number from 7 1 through 12, which number shall correspond to the month of the calendar year 8 in which the registration of the vehicle expires and shall be affixed to the 9 lower right-hand corner of the plates within the outlined rectangular area. 10 (5) License plates for utility trailers registered under the provisions 11 of section 49-402A, Idaho Code, which are issued for five (5) or ten (10) 12 years and license plates for trailers, rental utility trailers and semi- 13 trailers registered under the provisions of section 49-434, Idaho Code, which 14 are issued for five (5) years shall use the design in effect on the date of 15 manufacture. If a design change occurs, plates from the effective date of the 16 design change shall be manufactured using the new design. Unexpired plates 17 need not be reissued to conform to a design change. 18 (6) For license plates which are lost, stolen, mutilated, or illegible, 19 the owner shall apply for a duplicate or substitute. The assessor shall also 20 furnish for each registration, and to validate the license plate, a pressure- 21 sensitive, serially-numbered registration sticker , except for trailers 22 and semitrailers registered under the optional seven (7) year trailer provi- 23 sions in section 49-434, Idaho Code . License plates issued for state, 24 county and city motor vehicles shall be permanent and remain on the vehicle 25 for which issued from year to year, and need no renewal or validation sticker. 26 (7) Whenever a vehicle is completely destroyed by fire or accident and 27 the operator submits satisfactory proof of that destruction to the department 28 or appropriate assessor's office, the registration use increment and fees 29 shall be transferred to the replacement vehicle for a service transfer fee of 30 five dollars ($5.00), which fee shall be retained by the registering author- 31 ity. None of the original fees shall be subject to refund. 32 (8) The department shall furnish to every owner whose vehicle is regis- 33 tered under sections 49-434 and 49-435, Idaho Code, a pressure-sensitive, 34 serially-numbered registration sticker to validate the license plate. 35 (9) The board shall have authority to require the return to the depart- 36 ment of all license plates and registration stickers upon termination of the 37 lawful use of them by the owner. 38 (10) The board may promulgate such rules as are necessary to implement the 39 provisions of this section. 40 SECTION 16. That Section 49-444, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 49-444. RECREATION VEHICLE REGISTRATION. An applicant for a r 43Recreational vehiclesregistration 44 shall beregistered as provided in this chapter before a county45assessor can issuerequired to obtain a recreational vehi- 46 cle annual license as provided in sections 49-445 through 49-448, Idaho 47 Code , in conjunction with the registration . Truck campers need 48 not be registered before the county assessor can issue a recreational vehicle 49 annual license. 50 SECTION 17. That Section 49-449, Idaho Code, be, and the same is hereby 51 amended to read as follows: 24 1 49-449.SUSPENSIONCANCELLATION OF REGISTRATION 2 UPON NOTICE OF THEFT .OR EMBEZZLEMENT.Whenever the 3 owner of any motor vehicle, trailer or semitrailer which is stolenor4embezzledfiles an affidavit with a law enforcement agency 5 allegingeithersuch fact ,with6the department,the department shallimmediately suspend7 cancel the registration of such vehicleand shall not8transfer the registration of or register such vehicle until the department9shall be notified thatupon the request of the 10 owner .has recovered the vehicle.11 SECTION 18. That Section 49-510, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 49-510. LIENS AND ENCUMBRANCES -- FILING -- FEE -- NOTATION ON CERTIFI- 14 CATE -- CONSTRUCTIVE NOTICE. (1) No lien or encumbrance on any vehicle regis- 15 tered under the laws of this state created subsequent to December 31, 1986, 16 irrespective of whether such registration was effected prior or subsequent to 17 the creation of the lien or encumbrance, shall be perfected as against credi- 18 tors or subsequent purchasers or encumbrancers without notice until the holder 19 of the lien or encumbrance, or his successor or assignee, has complied with 20 the requirements of section 49-504, Idaho Code, and has filed the properly 21 completed title application and all required supporting documents with the 22 department or an agent of the department. 23 When the holder of a lien or encumbrance, his successor or assignee, has 24 filed with the department or agent of the department a properly completed 25 title application and supporting documents as required by section 49-504, 26 Idaho Code, it shall be the duty of the department or agent of the department 27 to file the same, indorsing on the title application the dateand hour28of the creation of the lien or encumbrance. A lien is perfected as of 29 the time of its creation if the transaction is notarized and if the filing is 30 completed with the department or an agent of the department within twenty (20) 31 calendar days thereafter; otherwise, as of the date of the filing with the 32 department or an agent of the department. If the title application is incom- 33 plete or if the supporting documents are incomplete or missing, the title 34 application and supporting documents as submitted will be returned to the 35lien holderlienholder or his successor or assignee 36 for correction and, if the application is not resubmitted in a complete form, 37 including completed supporting documents, to the department or to the agent of 38 the department within twenty (20) days of their having been returned to the 39lien holderlienholder or his successor or assignee, 40 the original dateand hourof receipt by the department or agent 41 of the department shall be void. 42 When the department is satisfied as to the genuineness and regularity of 43 the documents submitted, it shall issue a new certificate of title or create a 44 paperless electronic record of the title and lien filing when substantiated by 45 a written agreement as provided in section 49-505, Idaho Code. The title 46 shall contain the name of the owner of the vehicle, the name and address of 47 each holder of a lien or encumbrance, and a statement of all liens or encum- 48 brances which have been filed with the department, together with the date of 49 each lien or encumbrance and the dateand hourreceived by the 50 department or agent of the department. The filing of a lien or encumbrance and 51 the notation of it shall be a condition of perfection and shall constitute 52 constructive notice of the lien or encumbrance and its contents to creditors 53 and subsequent purchasers and encumbrancers. All liens or encumbrances so 25 1 filed with the department shall be perfected and take priority according to 2 the orderof timein which the same are noted upon the certifi- 3 cate of title or entered into the electronic records of the department. 4 (2) The notarization requirement set out in the second paragraph of sub- 5 section (1) of this section shall not apply to transactions involving a lien 6 in favor of a regulated lender, as defined in section 28-41-301(37), Idaho 7 Code, or a motor vehicle dealer licensed by the Idaho transportation depart- 8 ment. 9 SECTION 19. That Section 49-514, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 49-514. TRANSFER OF OWNERSHIP BY OPERATION OF LAW -- LIENS -- VEHICLES 12 REGISTERED IN FOREIGN STATE -- CERTIFICATES OF TITLE. In the event of the 13 transfer of ownership of a vehicle by operation of law, as upon inheritance, 14 devise or bequest, order in bankruptcy, insolvency, replevin, or execution 15 sale, or whenever a vehicle is sold to satisfy storage or repair charges, or 16 if the interest of the owner is terminated or the vehicle is sold under a 17 security agreement, the department may upon the surrender of the prior certif- 18 icate of title, or when that is not possible, upon presentation of satisfac- 19 tory proof to the department of ownership and right to possession of the vehi- 20 cle and presentation of an application for a certificate of title, issue to 21 the applicant a certificate of title. Only an affidavit by the person or agent 22 of the person to whom possession of the vehicle so passed, setting forth facts 23 entitling him to possession and ownership, together with a copy of the journal 24 entry, court order or instrument upon which the claim of possession and owner- 25 ship is founded, shall be considered satisfactory proof of ownership and right 26 of possession. If the applicant cannot produce proof of ownership he may apply 27 directly to the department and submit any evidence as he may have, and the 28 department shall, if it finds the evidence sufficient, issue a certificate of 29 title to the applicant. 30 If from the records in the office of the department there appears to be 31 any prior lien or liens on the vehicle, the certificate of title shall contain 32 a statement of those liens, unless the application is accompanied by proper 33 evidence of their satisfaction or discharge. 34In the case of a vehicle registered in a foreign state the applicant35for a certificate of title under the provisions of this section must present36to the department a certificate of title properly issued to the applicant37under the laws of the foreign state before he shall be entitled to a certifi-38cate of title issued by the department.39 Upon the death of the owner of one (1) or more registered vehicles, the 40 following heirs of the owner, to wit: the surviving spouse, the children, law- 41 ful issue of the deceased children, the parents, the brothers or sisters, or 42 the guardian of the estate of any minor or insane or incompetent person having 43 such relationship to the owner, if such person has a right to succeed to the 44 property of the owner, may secure a transfer of the certificate or certifi- 45 cates of title of the owner to the vehicle or vehicles, upon presenting to the 46 department the appropriate certificate or certificates of title, if available, 47 and an affidavit of the person or persons setting forth the fact of survivor- 48 ship or heirship, the names and addresses of any other heirs, that the dece- 49 dent died intestate, that the decedent has no creditors, that the decedent did 50 not leave other property necessitating probate, and if required by the depart- 51 ment, a certificate of the death of the deceased. The department, when satis- 52 fied of the genuineness and regularity of the transfer, shall transfer the 53 registrations and titles accordingly. 26 1 SECTION 20. That Section 49-1602, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 49-1602. ADMINISTRATION -- POWERS AND DUTIES. The department shall: 4 (1) Issue, and for reasonable cause shown, refuse to issue an applicant 5 any license authorized under the provisions of this chapter. The department 6shall notmay refuse to issue a license 7 to any applicant, other than a partnership or corporation,a license8if the applicanthas compliedfails to comply 9 with the terms and provisions of this chapterandor 10 the rulesand regulationsof the board,unless11 or if the applicant has been convicted of a violation of any of the 12 provisions of this chapter or chapter 5, title 49, or section 49-1418 or chap- 13 ter 6, title 48, Idaho Code, or of any federal odometer law or regulation. 14 Should the applicant be a partnership or a corporation, the department may 15 refuse to issue a license to the applicant where it determines that one 16 (1) or more of the partners of a partnership, or one (1) 17 or more of the stockholders or officers of a corporation, was previously the 18 holder of a license which was revoked or suspended, and the license revoked 19 never reissued or the suspended license never reinstated, or that one 20 (1) or more of the partners, stockholders, or officers, though not pre- 21 viously the holder of a license, has violated any of the provisions of this 22 chapter or of an applicable rule or regulation, or of federal motor vehicle 23 safety standards. 24 (2) For just cause shown, revoke or suspend, on terms, conditions, and 25 for a period of time as the department shall consider fair and just, any 26 license or licenses issued pursuant to the provisions of this chapter. No 27 license shall be revoked or suspended unless it shall be shown that the licen- 28 see has violated a provision of this chapter or of an applicable rule or regu- 29 lation, or of federal motor vehicle safety standards. 30 (3) On its own motion, upon the sworn complaint of any person, investi- 31 gate any suspected or alleged violation by a licensee of any of the provisions 32 of this chapter or of an applicable rule or regulation. 33 (4) Prescribe forms for applications for licenses and qualifications for 34 an applicant for licensure. Every application for a license shall contain, in 35 addition to other information required by the department, the following: 36 (a) The name and residence address of the applicant and the trade name, 37 if any, under which he intends to conduct his business. If the applicant 38 is a copartnership, the name and residence address of each member, whether 39 a limited or general partner, and the name under which the partnership 40 business is to be conducted. If the applicant is a corporation, the name 41 of the corporation and the name and address of each of its principal offi- 42 cers and directors. 43 (b) A complete description, including the city with the street number, of 44 the principal place of business and any other and additional places of 45 business operated and maintained by the applicant in conjunction with the 46 principal place of business. 47 (c) Copies of any letters of franchise for new vehicles that the appli- 48 cant has been enfranchised to sell or exchange, and the name or names and 49 addresses of the manufacturer or distributor who has enfranchised the 50 applicant. 51 (d) Names and addresses of the persons who shall act as salesmen under 52 the authority of the license, if issued. 53 (e) A copy of the certificate of assumed business name, if required, 54 shall be filed with thecounty recorder in the county where the27 1dealer's principal place of business is locatedsecretary of 2 state . 3 (f) For a manufacturer's license, the name or names and addresses of each 4 and every distributor, factory branch, and factory representative. 5 (g) For a salesman's license, certification by the dealer by whom the 6 salesman will be employed, that he has examined the background of the 7 applicant, and to the best of the dealer's knowledge, is qualified to be 8 licensed under the sponsorship of the licensed dealer. 9 (5) Refuse to issue any license under the provisions of this chapter if, 10 upon investigation, the department finds that any information contained in the 11 application is incomplete, incorrect or fictitious. 12 (6) Require that a dealer's principal place of business, and other loca- 13 tions operated and maintained by him in conjunction with his principal place 14 of business, have erected or posted signs or devices providing information 15 relating to the dealer's name, location and address of the principal place of 16 business, and the number of the license held by the dealer. 17 (7) Provide for regular meetings of the dealer advisory board, to be held 18 not less frequently than semiannually. Notices of meetings of the advisory 19 board shall be mailed to all members not less than five (5) days prior to the 20 date on which the meeting is to be held. 21 (8) Inspect, prior to licensing, the principal place of business and 22 other sites or locations as may be operated and maintained by the applicant. 23 (9) Seek and consider the advisory board's recommendations and comments 24 regarding proposed rulesand regulationspromulgated for the 25 administration of the provisions of this chapter. 26 (10) Require the attendance of not less than one (1) or more 27 than three (3) advisory board members at all hearings held relating to this 28 chapter. 29 SECTION 21. That Section 49-1607, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 49-1607. FEES -- FUNDS -- EXPENSES -- EXPIRATION OF LICENSES. (1) The 32 department shall collect with each application for licensure, the following 33 fees: 34 (a) Dealer's, wholesale dealer's and vehicle manufacturer's license, ini- 35 tial application, one hundred twenty-five dollars ($125), ten dollars 36 ($10.00) of which shall be deposited in the county current expense fund. 37 Renewal application, one hundred dollars ($100). 38 (b) Vehicle salesman's license, twenty-five dollars ($25.00), ten dollars 39 ($10.00) of which shall be deposited in the county current expense fund. 40 (c) Distributor-factory branch-distributor branch license, one hundred 41 dollars ($100). 42 (d) Representative's license, twenty-five dollars ($25.00). 43 (e) To reissue a license, salesman and dealer identification cards or 44 other licensing documents at a dealer's request, not resulting from an 45 error by the department, a fee of ten dollars ($10.00) per document. 46 (f) Supplemental lot license or relocated principal place of business, 47 and temporary supplemental lot, twenty-five dollars ($25.00) for license 48 issued to a single dealer. A fee of fifty dollars ($50.00) for a license 49 issued to a group of dealers for a temporary supplemental lot. 50 (2) All fees shall be paid over to the state treasurer for credit to the 51 state highway account out of which shall be paid the expenses of the depart- 52 ment and the expenses incurred in enforcing the provisions of this chapter. 53 (3) Dealer licenses, if not suspended or revoked, may be renewed from 28 1 year to year upon the payment of the fees specified in this section to accom- 2 pany applications, and renewals shall be made in accordance with the provi- 3 sions of section 49-1634, Idaho Code. 4 (a) There shall be twelve (12) licensing periods, starting with January 5 and ending in December. A dealer's license shall be in effect from the 6 month of initial licensing through the last day of the next year's calen- 7 dar month that precedes the month of the initial licensing.During8the first calendar year of the staggered licensing system, a dealership9may, for the purpose of establishing a preferred licensing period, choose10to renew its license for six (6) to eighteen (18) months at a cost of11eight dollars and fifty cents ($8.50) per month.12 (b) Any renewal license application received or postmarked after thirty 13 (30) days from the end of the previous year's license period shall be 14 processed as an initial application and initial fees shall be paid. 15 (4) Salesman licenses, if not suspended or revoked, shall be valid for 16 three (3) years from the date of issue provided that: 17 (a) Employment remains with the sponsoring dealership; and 18 (b) The sponsoring dealership has a valid license issued by the depart- 19 ment. 20 Renewals shall be issued in accordance with the provisions of section 49-1635, 21 Idaho Code. 22 SECTION 22. That Section 49-1611, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 49-1611. DISPLAY, FORM AND CUSTODY OF DEALER'S AND SALESMAN'S LICENSE. 25 The department shall prescribe each form of the vehicle dealer's and 26 salesman's license. It shall be the duty of each dealer to display con- 27 spicuously his own license in his place of business. Thedirector28 department shall prepare and deliver a pocket identifica- 29 tion card, which shall certify that the person whose name appears on 30 the card is a licensed vehicle dealer or vehicle salesman, as the 31 case may be, and each vehicle dealer's or vehicle salesman's card 32 shallalsocontain a current photograph of the applicant and the 33 date of expiration of the license. Each and every vehicle dealer and 34 vehicle salesman shall, up on request, display his card. 35 SECTION 23. That Section 49-1702, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 49-1702. FORM FOR NOTICE OF LIEN. To claim the benefits of the provisions 38 of this chapter a lien claimant shall, prior to making any repairs, provide 39 notice to the registered and legal owner of a motor vehicle of intended 40 repairs, service, or storage at the request of a person in possession of the 41 vehicle. The notice shall be substantially in the following form: 42 To: [Name of registered and legal owner and addresses] 43 Notice is hereby given, in accordance with the provisions of , 44 Idaho Code, that the undersigned, of [address] has been 45 requested by , of , [address] , [the reg- 46 istered owner, or agent thereof] , to [repair or as the case may 47 be] the following described motor vehicle of which you are designated the 48 registered or legal owner on the title: [specify year, make and 49 model] , [vehicle identificationor engineno.] , 50 [license no.] . If appropriate, add: The repairs requested are as 51 follows: . 29 1 The undersigned intends to begin such [repairs or as the case may 2 be] on approximately , 19 . 3 The approximate charges for the services requested will be $ , and 4 the undersigned will claim a lien on the vehicle for the actual amount of 5 such charges. 6 In accordance with the provisions of sections and , Idaho 7 Code, the undersigned requests that you consent to the performance of 8 (such repairs or as the case may be) by signing and returning the 9 enclosed copy of this notice. 10 Dated , 19 . 11 (Signature) 12 Consent 13 I hereby consent to the performance of the above described 14 (repairs or as the case may be.) 15 Dated , 19 . 16 (Signature of registered or legal owner) 17 SECTION 24. That Section 49-1705, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 49-1705. SALE TO SATISFY LIENS. (1) When a possessorylien holder20lienholder is not paid the amount of the lien due, within 21 ten (10) days after the same becomes due, thelien holder22 lienholder may proceed to conduct a sale as provided by this section to 23 satisfy the lien and costs of sale, if an authorization to conduct a lien sale 24 has been issued by the department, or a judgment has been entered in favor of 25 thelien holderlienholder on the claim which gives 26 rise to the lien, or the registered and legal owners of the vehicle have 27 signed, after the lien has arisen, a release of any interest in the vehicle. 28 (2) A possessorylien holderlienholder may 29 apply to the department for the issuance of an authorization to conduct a lien 30 sale. The application shall include all of the following information: 31 (a) A description of the vehicle, including make, vehicle identification 32 number, and license number. In the case of motorcycles,33the engine number shall also be included; 34 (b) The names and addresses of the registered and legal owners of the 35 vehicle, if ascertainable from registration certificates within the vehi- 36 cle, and the names and addresses of other persons whom thelien37holderlienholder knows or reasonably should know to 38 claim an interest in the vehicle; 39 (c) A statement of the amount of the lien and the facts concerning the 40 claim which give rise to the lien; and 41 (d) A statement that thelien holderlienholder 42 has no information or belief that there is a valid defense to the claim 43 which gives rise to the lien. 44 (3) Upon receipt of an application, the department shall send a copy of 45 the application to the registered and legal owners at their addresses of 46 record with the department and to any other interested persons listed in the 47 application. The department shall also send a notice which shall include the 48 following information: 49 (a) That an application has been made with the department for the issu- 50 ance of an authorization to conduct a lien sale; 51 (b) That the person has a legal right to a hearing in court; 52 (c) That if a hearing in court is desired, an enclosed declaration of 53 opposition must be signed and returned; 30 1 (d) That if the declaration is signed and returned, the possessory2lien holderlienholder will be allowed to sell the 3 vehicle only if he obtains a judgment in court or obtains a release from 4 the registered and legal owners; 5 (e) That the department will issue the authorization to conduct a lien 6 sale unless the person signs and returns the declaration of opposition 7 within ten (10) days after the date the notice was mailed; and 8 (f) That the person may be liable for costs if thelien holder9lienholder brings an action and if a judgment is 10 entered in favor of thelien holderlienholder . 11 (4) If the department receives a timely mailed declaration of opposition, 12 it shall notify the possessorylien holderlienholder 13 that he may not conduct a lien sale unless: 14 (a) A judgment has been entered in his favor on the claim which gives 15 rise to the lien; or 16 (b) The registered and legal owners of the vehicle have signed a release 17 of any interest in the vehicle. 18 (5) An applicant shall include with his application for lien sale a fee 19 of ten dollars ($10.00) which shall be deposited in the abandoned vehicle 20 trust account. The fee shall be recoverable as a cost by thelien21holderlienholder . 22 SECTION 25. That Section 49-1707, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 49-1707. NOTICE OF SALE. Prior to any sale the possessorylien25holderlienholder shall give at least ten (10) days' 26 notice of the sale by advertising in one (1) issue of a newspaper of general 27 circulation in the county in which the vehicle is located. Prior to the sale 28 of any vehicle to satisfy a lien, twenty (20) days' notice by certified mail 29 shall be given to the legal owner and to the registered owner of the vehicle, 30 if registered in this state, as the same appear in the registration certifi- 31 cate, and to the department. All notices specify the make, the vehicle identi- 32 fication number, and license number, and the date, time, and place of the 33 sale.In the case of motorcycles, the engine number shall be included.3435 SECTION 26. That Section 49-1803, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 49-1803. REMOVAL OF STOLEN VEHICLES OR VEHICLES FOUND UNDER EMERGENCY 38 CIRCUMSTANCES. (1) Any authorized officer, upon discovery of a vehicle 39 reported as stolen and not recovered, or any vehicle involved in any extraor- 40 dinary circumstances, may take the vehicle into custody and cause it to be 41 taken to and stored in a suitable place, or may cause the vehicle to be placed 42 in the custody of a tow truck operator, all expenses of towing and storage to 43 be those of the vehicle owner unless otherwise determined according to the 44 provisions of section 49-1805(5), Idaho Code. 45 (2) Within forty-eight (48) hours of the time that the vehicle is taken 46 into custody and is stored pursuant to this chapter, the agency of which the 47 officer is an agent shall give written notice by certified mail to the regis- 48 tered and legal owners of the vehicle, if known. The notice shall state: 49 (a) That the vehicle has been taken into custody and stored; and 50 (b) The location of storage of the vehicle. 51 (3) The public agency by which the officer is employed shall appraise the 31 1 vehicle and shall include in the notice, identification of the officer; loca- 2 tion of the vehicle; a description of the vehicle including make, year model, 3 identification number, license number, state of registration and, if a4motorcycle, an engine number; andthe statutory authority for storage. 5 SECTION 27. That Section 49-1814, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 49-1814. DISPOSITION OF LOW-VALUED VEHICLES. (1) If the vehicle is 8 appraised at a value not exceeding two hundred dollars ($200), the provisions 9 of sections 49-1809 through 49-1811, Idaho Code, shall not apply, and the per- 10 son or public agency which removed the vehicle shall: 11 (a)Within forty-eight (48) hours after the appraisal, notify the12department of the removal of the vehicle;13(b)Prepare a certificate containing a description of the vehicle 14 stating the appraised value of the vehicle and indicating one of the fol- 15 lowing: 16 1. The agency which requested the tow has submitted a 17 certified statement that a declaration of opposition has not been 18 received. 19 2. The registered and legal owners have signed a certified release 20 disclaiming any interest, which release shall be included with the 21 certificate. 22 3. The vehicle is in a condition that vehicle identification numbers 23 are not available to determine owners of record. 24 (cb ) Upon completion of the certificate, exe- 25 cute and deliver a bill of sale, together with a copy of the certificate, 26 either to the possessorylien holderlienholder , 27 who shall endorse the bill of sale to an automobile parts dealer or to a 28 scrap processor for disposal. 29 (2) Automobile parts dealers acquiring vehicles which are the subject of 30 certificates prepared and forwarded pursuant to this section shall be excused 31 from any fees which would otherwise be due to the department. 32 (3) A public agency may authorize, by contract, the removal or disposal 33 of low-valued vehicles. The contract shall be issued to the lowest responsible 34 bidder. Bills of sale shall then be executed and delivered, pursuant to sub- 35 section (1)(cb ) of this section , to the 36 contractor. 37 (4) The following persons shall have the authority to make appraisals for 38 purposes of this chapter: 39 (a) Any member of the Idaho state police division of the department of 40 law enforcement; 41 (b) Any regularly employed and salaried deputy sheriff or other employee 42 designated by the sheriff of any county; 43 (c) Any regularly employed and salaried peace officer or other employee 44 designated by the chief of police of any city; 45 (d) Any officer or employee of the division of motor 46 vehicle sbureau of the departmentdesignated by 47 the director; 48 (e) Any regularly salaried employee of a city, county, or city and county 49 designated by a board of county commissioners or by a city council; or 50 (f) Any regularly employed and salaried peace officer or other employee 51 of the department of parks and recreation designated by the director of 52 that department. 53 (5) An appraiser, upon completion of an appraisal within the meaning of 32 1 this chapter, shall notify the department of the appraisal and of the facts 2 upon which the appraisal was based. 3 SECTION 28. That Section 49-1815, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 49-1815. DISPOSITION OF LOW-VALUED VEHICLES -- PROCEDURE. The procedure 6 for the disposition of low-valued vehicles is as follows: 7 (1) The person or agency which removes the vehicle shall, within fifteen 8 (15) working days following the date of possession of the vehicle, make a 9 request to the department for the names and addresses of all persons having an 10 interest in the vehicle. No storage charge shall accrue beyond the fifteen 11 (15) day period unless thelien holderlienholder 12 has made a request to the department as provided in this section. 13 (2) The person or agency which removes the vehicle shall immediately upon 14 receipt of this information send, by certified mail with return receipt 15 requested, the following prescribed forms and enclosures to the registered 16 owner and legal owner at their addresses of record with the department, and to 17 any other person known to have an interest in the vehicle: 18 (a) A completed form entitled "Notice of Intent to Dispose of a Vehicle 19 Valued at $200 or Less"; 20 (b) A blank form entitled "Declaration of Opposition". 21 (3) All notice s to persons having an interest in the vehicle 22 shall be signed under penalty of perjury and shall include all of the follow- 23 ing: 24 (a) A description of the vehicle, including make, year model, identifica- 25 tion number, license number, and state of registration. For motor-26cycles, the engine number shall also be included; 27 (b) The names and addresses of the registered and legal owners of the 28 vehicle and any other person known to have an interest in the vehicle; 29 (c) The following statements and information: 30 1. The amount of the lien; 31 2. The facts concerning the claim which givesrise to 32 the lien; 33 3. The person has a right to a hearing in court; 34 4. If a hearing in court is desired, a declaration of opposition 35 form shall be signed under penalty of perjury and returned to the 36 agency which requested the tow within ten (10) days of the date the 37 notice of intent to dispose of a vehicle valued at $200 or less form 38 was mailed; and 39 5. The declarant may be liable for court costs if a judgment is 40 entered in favor of the possessorylien holder41 lienholder . 42 (d) A statement that the possessorylien holderlien- 43 holder may dispose of the vehicle to a certified automobile parts 44 dealer if it is not redeemed or if a declaration of opposition form is not 45 signed and mailed to the agency which requested the tow within ten (10) 46 days of the date the notice of intent to dispose of a vehicle valued at 47 $200 or less form was mailed. 48 (4) If the agency which requested the tow receives a completed declara- 49 tion of oppositionfromform within the time pre- 50 scribed, the vehicle shall not be disposed of for an additional fifteen (15) 51 day period during which time the individual filing the declaration of opposi- 52 tion must file an action with the appropriate court and cause the possessory 53lien holderlienholder to be served with the summons 33 1 and complaint. The filing and service of the action will stay disposal of the 2 vehicle pending decision by the court unless the declarant subsequently 3 releases his interest in the vehicle. 4 SECTION 29. That Section 49-1817, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 49-1817. FEE TO ACCOMPANY INFORMATION REQUEST. Upon the filing of a 7 request for title and registration information on an abandoned vehicle, the 8 department shall receive a feeof two dollars ($2.00)in 9 accordance with section 49-202(2)(f), Idaho Code .
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STATEMENT OF PURPOSE
RS 07372C2
The purpose of this legislation is to update 30 sections
of vehicle-related Idaho Code to match current DMV
practices and to reflect amendments enacted to other
sections.
FISCAL NOTE
Section 49-1817, Idaho Code, Page 34, lines 16 and 17,
appears to be a fee increase. The amendment only makes the
record fee schedules uniform and brings them in line with
what the department has been charging since 1991, based on
legislative authority.
In 1988, SB 1245 aligned the fee of $10 per record in
Section 49-1817, Idaho Code, with the fee in Section
49-202(2)(f), Idaho Code, at $2 per record.
In 1991, HB 156 increased the record fee in Section
49202(2)(f), Idaho Code, to $4 per record. Section
49-1817, Idaho Code was inadvertently not updated. The
1991 enactment in Section 49-202(2)(f), Idaho Code, has
been the record fee schedule in use for all motor vehicle
record inquiries at $4 per record. Therefore, the
amendment has no future fiscal impact.
Record inquiries on abandoned vehicles are nearly always
obtained by law enforcement agencies through automated
means. Law enforcement is exempt from a record fee by Idaho
Code. We estimate that public requests for abandoned
vehicles are ten or less each month.
CONTACT: Herbert Kinney
Idaho Transportation
Department
208/334-8608
Bill No. H 468