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H0637...........................................................by BUSINESS
VESSELS - TITLING - Adds to and amends existing law to provide for the
titling of vessels, to provide authority to the Idaho Transportation
Department to administer the titling of vessels, to provide procedures, to
require licensing of certain persons, to require vessel dealers to procure
and file a bond, to provide application to certain vessels and to provide
for treatment of liens and encumbrances of vessels.
02/06 House intro - 1st rdg - to printing
02/09 Rpt prt - to Transp
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 58-6-6
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(20), Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Loertscher, Mader,
Marley, McKague, Meyer, Miller, Mortensen, Pischner, Pomeroy,
Reynolds, Richman, Robison, Schaefer, Stevenson, Stubbs, Taylor,
Tilman, Tippets, Trail, Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- Barrett, Callister, Geddes, Ridinger, Sali, Stoicheff
Absent and Excused -- Crane, Jones(22), Linford, Newcomb, Stone, Wood
Floor Sponsors - Stubbs, Kjellander
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Transp
H0637|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 637 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO VESSELS; AMENDING SECTION 49-123, IDAHO CODE, TO PROVIDE A REFER- 3 ENCE TO THE DEFINITION OF "VESSEL" AND TO MAKE TECHNICAL CORRECTIONS; 4 AMENDING CHAPTER 5, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5 49-501A, IDAHO CODE, TO PROVIDE APPLICATION TO VESSEL TITLING; AMENDING 6 CHAPTER 70, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7 67-7039, IDAHO CODE, TO ESTABLISH THE VESSEL TITLING ACT, TO PROVIDE 8 AUTHORITY TO THE IDAHO TRANSPORTATION DEPARTMENT TO ADMINISTER THE PROVI- 9 SIONS OF THE ACT, TO PROVIDE FOR TITLING PROCEDURES, TO REQUIRE LICENSING 10 OF CERTAIN PERSONS AND TO REQUIRE VESSEL DEALERS TO PROCURE AND FILE A 11 BOND; AMENDING CHAPTER 70, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW 12 SECTION 67-7040, IDAHO CODE, TO PROVIDE APPLICATION OF THE VESSEL TITLING 13 ACT TO CERTAIN VESSELS; AMENDING CHAPTER 70, TITLE 67, IDAHO CODE, BY THE 14 ADDITION OF A NEW SECTION 67-7041, IDAHO CODE, TO PROVIDE FOR TREATMENT OF 15 LIENS AND ENCUMBRANCES ON VESSELS; AND PROVIDING AN EFFECTIVE DATE. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 49-123, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 49-123. DEFINITIONS -- V. 20 (1) "Variable load suspension axle" means an axle or axles designed to 21 support a part of the vehicle and load and which can be regulated to vary the 22 amount of load supported by such an axle or axles and which can be deployed or 23 lifted by the operator of the vehicle. See also section 49-117, Idaho Code. 24 (a) "Fully raised" means that the variable load suspension axle is in an 25 elevated position preventing the tires on such axle from having any con- 26 tact with the roadway. 27 (b) "Fully deployed" means that the variable load suspension axle is sup- 28 porting a portion of the weight of the loaded vehicle as controlled by the 29 preset pressure regulator valve. 30 (2) "Vehicle" means: 31 (a) General. Every device in, upon, or by which any person or property is 32 or may be transported or drawn upon a highway, excepting devices used 33 exclusively upon stationary rails or tracks. 34 (b) Authorized emergency vehicle. Vehicles operated by any fire depart- 35 ment or law enforcement agency of the state of Idaho or any political sub- 36 division of the state, ambulances, vehicles belonging to personnel of vol- 37 untary fire departments while in performance of official duties only, 38 vehicles belonging to, or operated by EMS personnel certified or otherwise 39 recognized by the EMS bureau of the Idaho department of health and welfare 40 while in the performance of emergency medical services, sheriff's search 41 and rescue vehicles which are under the immediate supervision of the 42 county sheriff, wreckers which are engaged in motor vehicle recovery oper- 43 ations and are blocking part or all of one (1) or more lanes 2 1 of traffic, other emergency vehicles designated by the director of the 2 department of law enforcement or vehicles authorized by the Idaho trans- 3 portation board and used in the enforcement of laws specified in section 4 40-510, Idaho Code, pertaining to vehicles of ten thousand (10,000) pounds 5 or greater. 6 (c) Commercial vehicle or commercial motor vehicle. For the purposes of 7 chapter 3 of this title, (driver licenses), a motor vehicle or combination 8 of motor vehicles designed or used to transport passengers or property if 9 the motor vehicle: 10 1. Has a manufacturer's gross combination weight rating (GCWR) in 11 excess of twenty-six thousand (26,000) pounds inclusive of a towed 12 unit with a manufacturer's gross vehicle weight rating (GVWR) of more 13 than ten thousand (10,000) pounds; or 14 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess 15 of twenty-six thousand (26,000) pounds; or 16 3. Is designed to transport sixteen (16) or more people, including 17 the driver; or 18 4. Is of any size and is used in the transportation of materials 19 found to be hazardous for the purposes of the hazardous material 20 transportation act and which require the motor vehicle to be 21 placarded under the hazardous materials regulations (49 CFR part 172, 22 subpart F). 23 For the purposes of chapter 4 of this title (motor vehicle registration), 24 a vehicle or combination of vehicles of a type used or maintained for the 25 transportation of persons for hire, compensation or profit, or the trans- 26 portation of property for the owner of the vehicle, or for hire, compensa- 27 tion, or profit, and shall include fixed load specially constructed vehi- 28 cles exceeding the limits imposed by chapter 10, title 49, Idaho Code, and 29 including drilling rigs, construction, drilling and wrecker cranes, log 30 jammers, log loaders, and similar vehicles which are normally operated in 31 an overweight or oversize condition or both, but shall not include those 32 vehicles registered pursuant to sections 49-402 and 49-402A, Idaho Code, 33 or exempted by section 49-426, Idaho Code. A motor vehicle used in a 34 ridesharing arrangement that has a seating capacity for not more than fif- 35 teen (15) persons, including the driver, shall not be a "commercial vehi- 36 cle" under the provisions of this title relating to equipment require- 37 ments, rules of the road, or registration. 38 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer 39 or rancher, which are operated over public highways, and used exclusively 40 to transport unprocessed agricultural, dairy or livestock products raised, 41 owned and grown by the owner of the vehicle to market or place of storage; 42 and shall include the transportation by the farmer or rancher of any 43 equipment, supplies or products purchased by that farmer or rancher for 44 his own use, and used in the farming or ranching operation or used by a 45 farmer partly in transporting agricultural products or livestock from the 46 farm of another farmer that were originally grown or raised on the farm, 47 or when used partly in transporting agricultural supplies, equipment, 48 materials or livestock to the farm of another farmer for use or consump- 49 tion on the farm but not transported for hire, and shall not include vehi- 50 cles of husbandry or vehicles registered pursuant to sections 49-402 and 51 49-402A, Idaho Code. 52 (e) Foreign vehicle. Every vehicle of a type required to be registered 53 under the provisions of this title brought into this state from another 54 state, territory or country other than in the ordinary course of business 55 by or through a manufacturer or dealer and not registered in this state. 3 1 (f) Glider kit vehicle. Every large truck manufactured from a kit manu- 2 factured by a manufacturer of large trucks which consists of a frame, cab 3 complete with wiring, instruments, fenders and hood and front axles and 4 wheels. The "glider kit" is made into a complete assembly by the addition 5 of the engine, transmission, rear axles, wheels and tires. 6 (g) Motor vehicle. Every vehicle which is self-propelled and every vehi- 7 cle which is propelled by electric power obtained from overhead trolley 8 wires but not operated upon rails, except vehicles moved solely by human 9 power and motorized wheelchairs. 10 (h) Multipurpose passenger vehicle (MPV). For the purposes of section 11 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer 12 persons which is constructed either on a truck chassis or with special 13 features for occasional off-road operation. 14 (i) Noncommercial vehicle. For the purposes of chapter 4 of this title, 15 (motor vehicle registration), a noncommercial vehicle shall not include 16 those vehicles required to be registered under sections 49-402 and 17 49-402A, Idaho Code, and means all other vehicles or combinations of vehi- 18 cles which are not commercial vehicles or farm vehicles, but shall include 19 motor homes. A noncommercial vehicle shall include those vehicles having a 20 combined gross weight not in excess of sixty thousand (60,000) pounds and 21 not held out for hire, used for purposes related to private use and not 22 used in the furtherance of a business or occupation for compensation or 23 profit or for transporting goods for other than the owner. 24 (j) Passenger car. For the purposes of section 49-966, Idaho Code, a 25 motor vehicle, except a multipurpose passenger vehicle, motorcycle or 26 trailer, designed to carry ten (10) or fewer persons. 27 (k) Reconstructed or repaired vehicle. Every vehicle that has been 28 rebuilt or repaired using like make and model parts and visually appears 29 as a vehicle that was originally constructed under a distinctive manufac- 30 turer. This includes a salvage vehicle which is damaged to the extent that 31 a "reconstructed vehicle" or "repaired vehicle" brand is required, and 32 other vehicles which have been reconstructed by the use of a kit designed 33 to be used to construct an exact replica of a vehicle which was previously 34 constructed under a distinctive name, make, model or type by a generally 35 recognized manufacturer of vehicles. A glider kit vehicle is not a recon- 36 structed vehicle. 37 (l) Salvage vehicle. Any vehicle for which a salvage certificate, salvage 38 bill of sale or other documentation showing evidence that the vehicle has 39 been declared salvage or which has been damaged to the extent that the 40 owner, or an insurer, or other person acting on behalf of the owner, 41 determines that the cost of parts and labor minus the salvage value makes 42 it uneconomical to repair or rebuild. When an insurance company has paid 43 money or has made other monetary settlement as compensation for a total 44 loss of any motor vehicle, such motor vehicle shall be considered to be a 45 salvage vehicle. 46 (m) Specially constructed vehicle. Every vehicle of a type required to be 47 registered not originally constructed under a distinctive name, make, 48 model or type by a generally recognized manufacturer of vehicles and not 49 materially altered from its original construction and cannot be visually 50 identified as a vehicle produced by a particular manufacturer. This 51 includes: 52 1. A vehicle that has been structurally modified so that it does not 53 have the same appearance as a similar vehicle from the same manufac- 54 turer; or 55 2. A vehicle that has been constructed entirely from homemade parts 4 1 and materials not obtained from other vehicles; or 2 3. A vehicle that has been constructed by using major component 3 parts from one (1) or more manufactured vehicles and 4 cannot be identified as a specific make or model; or 5 4. A vehicle constructed by the use of a custom kit that cannot be 6 visually identified as a specific make or model. 7 (n) Total loss vehicle. Every vehicle that is deemed to be uneconomical 8 to repair due to scrapping, dismantling or destruction. A total loss shall 9 occur when an insurance company or any other person pays or makes other 10 monetary settlement to the owner when it is deemed to be uneconomical to 11 repair the damaged vehicle. The compensation for total loss as defined 12 herein shall not include payments by an insurer or other person for medi- 13 cal care, bodily injury, vehicle rental or for anything other than the 14 amount paid for the actual damage to the vehicle. 15 (3) "Vehicle identification number." (See "Identifying number"16, " section 49-110, Idaho Code) 17 (4) "Vehicle salesman" means any person who, for a salary, commission or 18 compensation of any kind, is employed either directly or indirectly, or regu- 19 larly or occasionally by any dealer to sell, purchase or exchange, or to nego- 20 tiate for the sale, purchase or exchange of vehicles. (See also "full-time 21 salesman", " section 49-107, Idaho Code, and 22 "part-time salesman", " section 49-117, Idaho Code) 23 (5) "Vessel." (See section 67-7003, Idaho Code) 24 (6) "Veteran." (See section 65-509, Idaho Code) 25 (67 ) "Violation" means a conviction of a misde- 26 meanor charge involving a moving traffic violation, or an admission or judi- 27 cial determination of the commission of an infraction involving a moving traf- 28 fic infraction, except bicycle infractions. 29 SECTION 2. That Chapter 5, Title 49, Idaho Code, be, and the same is 30 hereby amended by the addition thereto of a NEW SECTION , to be 31 known and designated as Section 49-501A, Idaho Code, and to read as follows: 32 49-501A. APPLICATION TO VESSEL TITLING. The procedures provided in this 33 chapter shall apply to all vessel titling programs referenced in chapter 70, 34 title 67, Idaho Code. Any reference to "vehicle" in this chapter shall also 35 mean "vessel." 36 SECTION 3. That Chapter 70, Title 67, Idaho Code, be, and the same is 37 hereby amended by the addition thereto of a NEW SECTION , to be 38 known and designated as Section 67-7039, Idaho Code, and to read as follows: 39 67-7039. VESSEL TITLING ACT. (1) Sections 67-7039 through 67-7041, Idaho 40 Code, shall be known and cited as the "Vessel Titling Act." 41 (2) The Idaho transportation department is hereby granted authority to 42 carry out the administration of the provisions of this act and to promulgate 43 rules to effectuate that purpose. 44 (3) All titling procedures for vessels shall be governed by title 49, 45 Idaho Code. The term "vessel" shall be interchangeable with the term "vehicle" 46 throughout title 49, Idaho Code, for the purposes of vessel titling and vessel 47 dealers and salesmen licensing requirements. 48 (4) All vessel dealers, wholesalers, manufacturers, salesmen, distribu- 49 tors and representatives shall be required to be licensed as required by chap- 50 ter 16, title 49, Idaho Code. 51 (5) All vessel dealers shall be required to procure and file a bond in 5 1 the amount required in section 49-1608, Idaho Code. 2 SECTION 4. That Chapter 70, Title 67, Idaho Code, be, and the same is 3 hereby amended by the addition thereto of a NEW SECTION , to be 4 known and designated as Section 67-7040, Idaho Code, and to read as follows: 5 67-7040. APPLICATION TO CERTAIN VESSELS. (1) The provisions of the ves- 6 sel titling act shall apply to every 1999 and newer model year vessel upon 7 transfer of ownership, and optionally to all other vessels of a model year 8 prior to 1999, effective on and after January 1, 1999, even though vessels 9 need not be registered under the provisions of chapter 4, title 49, Idaho 10 Code. Vessels shall be issued a certificate of registration as provided in 11 section 67-7008, Idaho Code. 12 (2) The provisions of the vessel titling act shall apply exclusively to 13 vessels with a permanently attached mode of propulsion, such as: an inboard 14 motor, sail, personal watercraft, or other propelling machinery, and all ves- 15 sels over twelve (12) feet regardless of mode of propulsion, except: rowboats, 16 canoes, kayaks, inflatable vessels, rafts, barges, nonmotorized paddle ves- 17 sels, sailboards, tenders, seaplanes, document vessels, and vessels owned by 18 the United States or a foreign state or political subdivision. 19 (3) Once titled, the vessel remains a titled vessel, and is subject to 20 the requirements of chapter 5, title 49, Idaho Code. 21 SECTION 5. That Chapter 70, Title 67, Idaho Code, be, and the same is 22 hereby amended by the addition thereto of a NEW SECTION , to be 23 known and designated as Section 67-7041, Idaho Code, and to read as follows: 24 67-7041. LIENS AND ENCUMBRANCES -- FILING -- NOTATION ON CERTIFICATE -- 25 CONSTRUCTIVE NOTICE. No lien or encumbrance created on or after January 1, 26 1999, on any vessel titled under the laws of this state, shall be perfected as 27 against creditors or subsequent purchasers or encumbrancers without notice 28 until the holder of the lien or encumbrance, or his successor or assignee, has 29 complied with the requirements of section 49-504, Idaho Code, and has filed 30 the title application and all required supporting documents with the Idaho 31 transportation department or an agent of that department. 32 SECTION 6. This act shall be in full force and effect on and after Janu- 33 ary 1, 1999.
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STATEMENT OF PURPOSE
RS0751 0
PURPOSE
Vessels (boats) in Idaho are required to be registered but are not
presently required to have titles. This legislation will require all
new vessels to have a title issued, a document indicating ownership, the
same as motor vehicles.
The purpose is to protect owners from theft or from buying a stolen
vessel, to assist law enforcement in tracking stolen vessels and to help
protect the security interests of banks and other lending institutions.
Compliance will be required for new vessels only after 1999.
FISCAL IMPACT
Revenue:
There are about 5,000 new boats sold each year, and as many as 23,000
to 25,000 title transactions expected for existing boats. Revenue
generated from title fees could be as high as $240,000 per year,
depending on the number of individuals that may optionally choose to
title their boats. Eighty to ninety boat dealers would fall under the
dealer licensing requirements with this legislation, generating about $1
0,000 per year in dealer licensing fees.
Approximated revenue depending on the number of transactions would be:
FY99 FY2000 FY2001
SHA (Titles) $45,000 $90,000 $180,000(& there
After)
SHA (DLR Licensing) 10,000 $ 10,000 10,000 " "
$55,000 $100,000 $ 190,000
County Exp. Fund 15,000 30,000 $ 60,000 " "
An estimated 400 to 600 hours of programming time are needed to prepare
systems for boat titling at an expected one-time cost of $17,200 to
$25,800 (500 hours - $21,500 used in cost estimate.) Two FTE's will be
needed, plus program related operating and capital funds.
FY99 FY2000 FY2001
Personnel: 0 $28,280(1FTE) $56,560 (Add'l FTE)
Operating: $ 3,150 $ 6,300 $12,600 (Tot. On go
$21,500 $ 500 $500 (One-time)
Capital: 0 $ 2,500 $ 2,500 (One-time)
Totals $24,650 $37,580 $72,160
CONTACT
Name: Representative Mark Stubbs (208) 332-1000
H 637