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H0128.........................................by TRANSPORTATION AND DEFENSE MOTOR VEHICLES - LICENSE PLATES - Amends existing law to delete the requirement that motor vehicle license plates be reissued every seven years; and to delete provision for a license plate number reservation program. 01/27 House intro - 1st rdg - to printing 01/29 Rpt prt - to Transp
H0128|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 128 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE LICENSE PLATES; AMENDING SECTION 49-402C, IDAHO 3 CODE, TO PROVIDE A CORRECT CODE REFERENCE AND TO DELETE REFERENCE TO RES- 4 ERVATION OF MOTOR VEHICLE LICENSE PLATE NUMBERS; AMENDING SECTIONS 49-406 5 AND 49-406A, IDAHO CODE, TO DELETE INCORRECT REFERENCES TO IDAHO CODE; 6 AMENDING SECTION 49-428, IDAHO CODE, TO PROVIDE A CORRECT REFERENCE TO 7 IDAHO CODE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-443, 8 IDAHO CODE, TO DELETE THE REQUIREMENT THAT LICENSE PLATES BE REISSUED 9 EVERY SEVEN YEARS AND TO DELETE PROVISION FOR A LICENSE PLATE NUMBER RES- 10 ERVATION PROGRAM; AMENDING SECTION 67-7602B, IDAHO CODE, TO PROVIDE A COR- 11 RECT REFERENCE TO IDAHO CODE; AND PROVIDING AN EFFECTIVE DATE. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 49-402C, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 49-402C. SPECIAL LICENSE PLATE PROGRAMS -- STANDARDIZED PLATE COLOR AND 16 DESIGN. (1) It is the intent of the legislature that special license plates 17 issued by the department be readily recognizable as plates from the state of 18 Idaho without losing the uniqueness for which the special plate was designed 19 and purchased. In addition, the legislature finds that the department can 20 operate in a more efficient, cost-effective manner by conforming special 21 plates to a basic color and design. 22 (2) No special license plates and no special license plate programs in 23 existence on or before June 30, 1998, shall be affected by the provisions of 24 this section. On and after July 1, 1998, any new special license plate program 25 authorized or any redesign of an existing special license plate, shall use the 26 same red, white and blue background as the standard issue of license plates 27 described in section 49-434 3, Idaho 28 Code, except that: 29 (a) The identification of county shall be omitted; 30 (b) The word "Idaho" shall appear on every plate; 31 (c) The inscription "Scenic Idaho" may be omitted without legislative 32 consideration and approval; and 33 (d) No slogan shall be used that infringes upon, dilutes or compromises, 34 or could be perceived to infringe upon, dilute or compromise, the 35 trademarks of the state of Idaho, including, but not limited to, "Idaho 36 Potatoes ," "Grown in Idaho ," "Famous Idaho Potatoes " or "Famous 37 Potatoes ." 38 The provisions of this section shall not apply to the second plate design 39 issued pursuant to the provisions of section 49-417, Idaho Code. 40 (3) Any redesign required for a special plate to conform with legislative 41 intent and the provisions of this section may be done in a manner similar to 42 that used to produce the original design. 43 (4) The special plates shall conform in all other respects with the pro- 2 1 visions of section 49-443, Idaho Code, relating to visibility requirements, 2 display of registration number, and time period for validity of 3 plates, and reservation of plate numbers. 4 SECTION 2. That Section 49-406, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 49-406. IDAHO OLD TIMER -- SPECIAL LICENSE PLATE PROGRAM -- REGISTRATION 7 AND STANDARD LICENSE PLATES. (1) Any motor vehicle manufactured prior to Janu- 8 ary 1, 1943, that is maintained to its original likeness using original-type 9 parts and materials, without major modifications shall be known as an "Idaho 10 Old Timer." Any motor vehicle which is altered from its original design is not 11 an "Idaho Old Timer" as herein defined. 12 (2) Any motor vehicle which qualifies as an "Idaho Old Timer" shall be 13 used for exhibits, parades, tours, club activities and such occasional use as 14 is necessary for operation and maintenance of the vehicle, and shall not be 15 used for business or commercial purposes or as customary and usual transporta- 16 tion. 17 (3) Applicants for a special "Idaho Old Timer" license plate shall pay an 18 initial program fee of twenty-five dollars ($25.00) and the license plate fee 19 required in section 49-450, Idaho Code, for each "Idaho Old Timer" plate which 20 shall be displayed on the rear of the vehicle. The initial program fee shall 21 be deposited in the state highway account, and the plate manufacturing fee 22 shall be deposited in the plate manufacturing account. 23 (4) Once every three (3) years, on a schedule set by the department, an 24 ownership verification form shall be mailed to each plate holder on file with 25 the department. The owner shall provide such information as is requested by 26 the department to verify ownership of the vehicle(s) and that the special 27 license plate(s) is still in use by the owner. A fee of three dollars ($3.00) 28 shall be charged by the department for each vehicle. This fee shall be depos- 29 ited in the state highway account to defray costs of the license plate pro- 30 gram. If the owner no longer has an interest in a vehicle(s) the owner may 31 retain the plates as specified in subsection (7) of this section. If the own- 32 ership verification form is not returned by the date specified by the depart- 33 ment, the registration record will be purged from the files of the department. 34 Any further use of the plate is lost to the owner and the plate number becomes 35 available for issue to another applicant. 36The rR eissue of license platesas speci-37fied in section 49-443(2), Idaho Code,shall not be required unless 38 there is a general consensus among the majority of plate holders that a new 39 plate design is needed. Representatives of the plate holders shall make the 40 request known to the department. The cost of manufacturing a new design will 41 be set by the department based upon the cost of manufacturing supplies and 42 administering the reissue. The equivalent cost of each plate will be charged 43 to each plate holder who purchases the new plate. If a new plate design is 44 authorized, the design and color shall be approved by representatives of the 45 interest group. The design, color and numbering scheme shall also be subject 46 to approval of the department. The existing plate design will be canceled and 47 all plate holders, present and future shall purchase and display the new 48 plate. 49 (5) An applicant for the special "Idaho Old Timer" plate shall execute an 50 affidavit on a form provided by the department that the vehicle qualifies as 51 an old timer and shall only be used for the purposes allowed. 52 The department shall have the authority to refuse to issue a plate and may 53 demand the return of such plate if the applicant has failed to comply with the 3 1 provisions of this section. 2 (6) If an "Idaho Old Timer" is to be used as customary and usual trans- 3 portation, or for business or commercial purposes, the owner shall register 4 the vehicle under the provisions of section 49-402, or section 49-434, Idaho 5 Code, as applicable, and shall obtain and display the standard issue of 6 license plates after payment of the plate fee required in section 49-450, 7 Idaho Code. It shall be permissible to display both the standard issue of 8 plates and the special "Idaho Old Timer" plate. 9 (7) Whenever title or interest in an Old Timer vehicle is transferred or 10 assigned, the transferor may retain the plates for use on another vehicle 11 which qualifies by providing the information required in subsection (5) of 12 this section and by paying the required transfer fee. If the vehicle is also 13 registered under the provisions of section 49-402 or section 49-434, Idaho 14 Code, the provisions of section 49-431, Idaho Code, relating to the procedure 15 for assignment and transfer of interest, shall apply. 16 SECTION 3. That Section 49-406A, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 49-406A. IDAHO CLASSIC -- SPECIAL LICENSE PLATE PROGRAM -- REGISTRATION 19 AND STANDARD LICENSE PLATES. (1) Any motor vehicle or motorcycle which is at 20 least thirty (30) years old that does not qualify as an "Idaho Old Timer" and 21 that is maintained to its original likeness using original-type parts and 22 materials, without major modifications shall be known as an "Idaho Classic." 23 Any motor vehicle which is altered from its original design is not an "Idaho 24 Classic" as herein defined. 25 (2) Any motor vehicle or motorcycle which qualifies as an "Idaho Classic" 26 shall be used for exhibits, parades, tours, club activities and such occa- 27 sional use as is necessary for operation and maintenance of the vehicle, and 28 shall not be used for business or commercial purposes or as customary and 29 usual transportation. 30 (3) Applicants for a special "Idaho Classic" license plate shall pay an 31 initial program fee of twenty-five dollars ($25.00) and the license plate fee 32 required in section 49-450, Idaho Code, for each Idaho classic plate which 33 shall be displayed on the rear of the vehicle. The initial program fee shall 34 be deposited in the state highway account, and the plate manufacturing fee 35 shall be deposited in the plate manufacturing account. 36 (4) Once every three (3) years, on a schedule set by the department, an 37 ownership verification form shall be mailed to each plate holder on file with 38 the department. The owner shall provide such information as is requested by 39 the department to verify ownership of the vehicle(s) and that the special 40 plate(s) is still in use by the owner. A fee of three dollars ($3.00) shall be 41 charged by the department for each vehicle. This fee shall be deposited in the 42 state highway account to defray costs of the license plate program. If the 43 owner no longer has an interest in a vehicle(s) the owner may retain the plate 44 as specified in subsection (7) of this section. If the ownership verification 45 form is not returned by the date specified by the department, the registration 46 record will be purged from the files of the department. Any use of the 47 plate(s) is lost to the owner and the plate number becomes available for issue 48 to another applicant. 49The rR eissue of license platesas speci-50fied in section 49-443(2), Idaho Code,shall not be required unless 51 there is a general consensus among the majority of plate holders that a new 52 plate design is needed. Representatives of the plate holders shall make the 53 request known to the department. The cost of manufacturing a new design will 4 1 be set by the department based upon the cost of manufacturing supplies and 2 administering the reissue. The equivalent cost of each plate will be charged 3 to each plate holder who purchases the new plate. If a new plate design is 4 authorized, the design and color shall be approved by representatives of the 5 interest group. The design, color and numbering scheme shall also be subject 6 to the approval of the department. The existing plate design will be canceled 7 and all plate holders, present and future shall purchase and display the new 8 plate. 9 (5) An applicant for the special "Idaho Classic" plate shall execute an 10 affidavit on a form provided by the department that the vehicle or motorcycle 11 qualifies as an "Idaho Classic" and shall only be used for the purposes 12 allowed. 13 The department shall have the authority to refuse to issue the plate and 14 may demand the return of such plate if the applicant has failed to comply with 15 the provisions of this section. 16 (6) If an "Idaho Classic" is to be used as customary and usual transpor- 17 tation, or for business or commercial purposes, the owner shall register the 18 vehicle under the provisions of section 49-402, or section 49-434, Idaho Code, 19 as applicable, and shall obtain and display the standard issue of license 20 plates after payment of the plate fee required in section 49-450, Idaho Code. 21 It shall be permissible to display both the standard issue of plates and the 22 "Idaho Classic" plate. 23 (7) Whenever title or interest in an Idaho classic motor vehicle or 24 motorcycle is transferred or assigned, the transferor may retain the special 25 plate for use on another vehicle which qualifies by providing the information 26 required in subsection (5) of this section and by paying the required transfer 27 fee. If the vehicle is also registered under the provisions of section 49-402 28 or section 49-434, Idaho Code, the provisions of section 49-431, Idaho Code, 29 relating to the procedure for assignment and transfer of interest, shall 30 apply. 31 SECTION 4. That Section 49-428, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 49-428. DISPLAY OF PLATE AND STICKERS. (1) License plates assigned to a 34 motor vehicle shall be attached, one (1) in the front and the 35 other in the rear, with the exception of the following: 36 (a) The license plate assigned to a motorcycle, all-terrain vehicle or 37 semitrailer and the license plate assigned to a motor vehicle operated by 38 a manufacturer, repossession agent or dealer shall be attached to the 39 rear. 40 (b) Vehicles displaying year of manufacture, old timer, classic car or 41 street rod license plates shall be allowed to display one (1) plate 42 attached to the rear of the vehicle. 43 (c) The license plate attached to a tractor shall be attached to the 44 front. 45 License plates shall be displayed during the current registration year. The 46 annual registration sticker for the current registration year shall be dis- 47 played on each license plate, except for trailers and semitrailers on extended 48 registration under the provisions of section 49-434, Idaho Code. For the pur- 49 poses of this title, the license plates together with the registration 50 stickers shall be considered as license plates for the year designated on the 51 registration sticker. 52 (2) Every license plate shall at all times be securely fastened to the 53 vehicle to which it is assigned to prevent the plate from swinging, be at a 5 1 height not less than twelve (12) inches from the ground, measuring from the 2 bottom of the plate, be in a place and position to be clearly visible, and 3 shall be maintained free from foreign materials and in a condition to be 4 clearly legible, and all registration stickers shall be securely attached to 5 the license plates and shall be displayed as provided in section 49-443(642 ), Idaho Code. 7 SECTION 5. That Section 49-443, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 49-443. LICENSE PLATES TO BE FURNISHED BY DEPARTMENT -- FORM AND CON- 10 TENTS. (1) The assessor or the department shall furnish to every owner whose 11 vehicle is registered by that office, pursuant to sections 49-402 and 49-402A, 12 Idaho Code, one (1) license plate for vehicles registered under the provisions 13 of section 49-406, 49-406A or 49-408, Idaho Code, or a motorcycle, trailer, 14 truck-tractor, or semitrailer, and two (2) license plates for every other 15 motor vehicle. If a vehicle is issued one (1) plate only, that plate shall be 16 displayed in accordance with the provisions of section 49-428, Idaho Code. For 17 vehicles registered under the provisions of section 49-407, Idaho Code, the 18 applicant shall provide one (1) plate to be displayed on the rear of the vehi- 19 cle. 20 Commencing January 1, 1992, the color and design of the plates shall be 21 comparable to the color and design of the statehood centennial issue of 22 license plates with blue numerals and letters on a multicolored red, white and 23 blue background. Each license plate must bear upon its face the inscriptions 24 "Famous Potatoes" and "Scenic Idaho." 25 Every license plate shall have displayed upon it the registration number 26 assigned to the vehicle and its owner and the name "Idaho" which may be abbre- 27 viated. The plates issued under the provisions of section 49-402(1), Idaho 28 Code, and the required letters and numerals, including an identification of 29 the county in which the motor vehicle to which the plates will be affixed is 30 registered, shall be of sufficient size to be plainly readable from a distance 31 of seventy-five (75) feet during daylight, and each license plate and regis- 32 tration sticker shall be treated with a fully reflectorized material according 33 to specifications prescribed by the board. 34 (2)License plates shall be valid for a period of seven (7) years35beginning with the date of issuance of new plates. At the end of the sixth36year, the registered owner shall receive notice of the date upon which the37plates will expire. The department shall implement a plate-number reservation38program beginning prior to the 1999 plate issue and following once every seven39(7) years thereafter, for a limited plate-number sequence in each county which40chooses to offer a reservation program. Requests for license plate number res-41ervations shall be submitted to the county during the open reservation period42established by the department. The department may charge a minimal fee as43determined by the board to recover costs to the department for reservation of44license plate numbers.4546(3) If a license plate number has expired as provided in subsection47(2) of this section and the number was not reserved, or if the vehicle regis-48tration is not renewed within sixty (60) days of its expiration, the plate49number shall be available for use by another registrant. To obtain a specific50number in the recycled license plate number file, the owner of a registered51vehicle shall pay a one (1) time fee as determined by rule of the board.5253The provisions of this subsection shall apply only to vehicles reg-6 1istered under the provisions of section 49-402(1), Idaho Code, and section249-434(1), Idaho Code, as it applies to noncommercial vehicles.34(4)License plates issued for vehicles required to be regis- 5 tered in accordance with the provisions of sections 49-402 and 49-402A, Idaho 6 Code, shall be issued color coded registration validation stickers showing the 7 year of registration. Each registration validation sticker shall bear a number 8 from 1 through 12, which number shall correspond to the month of the calendar 9 year in which the registration of the vehicle expires and shall be affixed to 10 the lower right-hand corner of the plates within the outlined rectangular 11 area. 12 (53 ) License plates for utility trailers regis- 13 tered under the provisions of section 49-402A, Idaho Code, which are issued 14 for five (5) or ten (10) years and license plates for trailers, rental utility 15 trailers and semitrailers registered under the provisions of section 49-434, 16 Idaho Code, which are issued for five (5) years shall use the design in effect 17 on the date of manufacture. If a design change occurs, plates from the effec- 18 tive date of the design change shall be manufactured using the new design. 19 Unexpired plates need not be reissued to conform to a design change. 20 (64 ) For license plates which are lost, stolen, 21 mutilated, or illegible, the owner shall apply for a duplicate or substitute. 22 The assessor shall also furnish for each registration, and to validate the 23 license plate, a pressure-sensitive, serially-numbered registration sticker, 24 except for trailers and semitrailers registered under the optional seven (7) 25 year trailer provisions in section 49-434, Idaho Code. License plates issued 26 for state, county and city motor vehicles shall be permanent and remain on the 27 vehicle for which issued from year to year, and need no renewal or validation 28 sticker. 29 (75 ) Whenever a vehicle is completely destroyed 30 by fire or accident and the operator submits satisfactory proof of that 31 destruction to the department or appropriate assessor's office, the registra- 32 tion use increment and fees shall be transferred to the replacement vehicle 33 for a service transfer fee of five dollars ($5.00), which fee shall be 34 retained by the registering authority. None of the original fees shall be sub- 35 ject to refund. 36 (86 ) The department shall furnish to every 37 owner whose vehicle is registered under sections 49-434 and 49-435, Idaho 38 Code, a pressure-sensitive, serially-numbered registration sticker to validate 39 the license plate. 40 (97 ) The board shall have authority to require 41 the return to the department of all license plates and registration stickers 42 upon termination of the lawful use of them by the owner. 43 (108 ) The board may promulgate such rules as 44 are necessary to implement the provisions of this section. 45 SECTION 6. That Section 67-7602B, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 67-7602B. FUNDING. The Idaho heritage trust shall receive funds collected 48 in section 49-450, Idaho Code, in the amount of fifty cents (50[) per plate 49 for the use of the copyrighted design provided in section 49-443(1050), Idaho Code. The Idaho transportation department shall collect such 51 funds and distribute them to the Idaho heritage trust fund quarterly. The role 52 of the heritage trust is to accept proposals from the public requesting funds 53 for heritage preservation projects. The proposals are evaluated on established 7 1 criteria, and if in the opinion of the heritage trust they qualify, a grant 2 may be awarded subject to the availability of funds. The heritage trust shall 3 insure that the following occurs in respect to the management of funds: 4 (1) Funds earned from the use of the motor vehicle license plate design 5 shall be deposited directly into the trust fund where it will earn interest 6 that will be used for heritage preservation projects. Contributions from pri- 7 vate fund raising efforts may also be deposited to the trust fund. 8 (2) Only the interest earned from the trust fund shall be expended, and 9 the trust fund shall remain as a permanent endowment generating income in per- 10 petuity for heritage preservation. 11 (3) The Idaho heritage trust shall require project sponsors to match the 12 funds granted for each project, so that no more than half the monetary support 13 for any project shall come from the proceeds of the trust fund. 14 SECTION 7. This act shall be in full force and effect on and after July 15 1, 2000.
STATEMENT OF PURPOSE
RS 08670 C1
The purpose of this bill is to remove the mandatory
requirement that license plates be reissued every seven (7)
years regardless of their physical condition. It would require
that license plates be replaced when they are lost, stolen,
mutilated or illegible. It would also allow license plate
numbers that have not been registered for more than one year to
be reissued to new registrants.
FISCAL IMPACT
It is currently estimated that 2.66 million license plates
will be replaced over a seven-year period. At $3.00 per plate,
the public will pay nearly eight (8) million dollars over 7
years. With the passage of this legislation there would be a
savings to taxpayers for not having to replace their license
plates.
Some counties ordered a supply of lower number plates in
advance and it is estimated, with a July 1, 2000 implementation
date, there will still be nearly 25,000 plate pairs at a cost
of $96,000 as a loss to the plate manufacturing account. Those
plates could be reissued out of counties inventory since
inactive plate numbers could be reissued.
There would be a postponement of $185,000 per year to the
Idaho Heritage Trust and $216,000 to the Highway Distribution
Account. The revenue would come to these accounts as plates are
sold.
CONTACT: Idaho Association of Counties
PHONE: 345-9126
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H128