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S1094aa,aa................................................by TRANSPORTATION MOTOR VEHICLES - REGISTRATION - AIR QUALITY TESTING - Amends existing law to impose an additional penalty for wrongful registration of a motor vehicle; and to provide for imposition and collection of fees on motor vehicles for air quality testing of motor vehicle emissions. 02/03 Senate intro - 1st rdg - to printing 02/04 Rpt prt - to Transp 02/24 Rpt out - rec d/p - to 2nd rdg 02/25 2nd rdg - to 14th Ord 02/25 Rpt out amen - to engros 02/26 Rpt engros - 1st rdg - to 2nd rdg as amen 03/01 2nd rdg - to 3rd rdg as amen 03/01 To 14th Ord 03/02 Rpt out amen - to engros 03/03 Rpt engros - 1st rdg - to 2nd rdg as amen 03/04 2nd rdg - to 3rd rdg as amen 03/08 Ret'd to Transp
S1094|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1094, As Amended, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLE REGISTRATION; AMENDING SECTION 49-401B, IDAHO CODE, 3 TO IMPOSE AN ADDITIONAL PENALTY FOR WRONGFUL REGISTRATION OF A MOTOR VEHI- 4 CLE; AND AMENDING CHAPTER 4, TITLE 49, IDAHO CODE, BY THE ADDITION OF A 5 NEW SECTION 49-454, IDAHO CODE, TO PROVIDE FOR IMPOSITION AND COLLECTION 6 OF FEES ON MOTOR VEHICLES FOR AIR QUALITY TESTING OF MOTOR VEHICLE EMIS- 7 SIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 49-401B, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 49-401B. APPLICATION FOR REGISTRATION -- RECEIPT FOR FEE -- RECORD OF 12 APPLICANTS. (1) Application for the registration of a vehicle required to be 13 registered under the provisions of section 49-401A, Idaho Code, shall be made 14 to the assessor or the department as specified in that section, by the owner 15 upon the appropriate form. Every application shall be signed by the owner and 16 contain his residence address and a brief description of the vehicle to be 17 registered, including the name of the maker, the type of fuel used, and the 18 identification number. Upon registration of a new vehicle, the application 19 shall also show the date of sale by the manufacturer or dealer to the person 20 first operating such vehicle. The application shall contain any other informa- 21 tion as may be required by the department. The assessor shall issue to the 22 applicant a receipt for any fee paid. 23 (2) The assessor shall record on a form prescribed and furnished by the 24 department, the names of all owners of vehicles residing in the county who 25 make application for registration, together with the amounts of the fees paid 26 by such owners. 27 (3) When application for registration is made by any motor carrier as 28 defined in section 61-801, Idaho Code, or by any interstate carrier as defined 29 in section 61-801A, Idaho Code, the assessor or the department shall require 30 each such applicant to exhibit a receipt for the payment of the regulatory fee 31 required of any motor carrier by section 61-811, Idaho Code, or evidence of 32 the payment of the registration fee of any interstate carrier required by sec- 33 tion 61-802B and section 61-812, Idaho Code. The number and the amount paid 34 shall be noted on the application. Pursuant to the authority and duty pro- 35 vided in section 61-811A, Idaho Code, each assessor and the department, shall 36 when the regulatory fees of motor carriers and the registration fees of inter- 37 state carriers have not been paid prior to registration, collect such regula- 38 tory fees for the public utilities commission. Each assessor and the depart- 39 ment shall monthly submit a list of all carriers paying fees and remit monthly 40 all fees to the Idaho public utilities commission no later than the tenth day 41 of each month following collection. 42 (4) Vehicles registered under the proportional registration provisions of 43 section 49-435, Idaho Code, shall be registered by the department. 2 1 (5) Every owner of a vehicle registered by a county assessor shall give 2 his principal residence or domicile address to the assessor so that the proper 3 county can be entered upon the registration. Failure to do so shall be unlaw- 4 ful. The department shall then attribute the registration, and all fees to be 5 apportioned to the highway distribution account, to the county of residence 6 regardless of the county in which the registration occurred. Fees imposed 7 under the provisions of sections 40-827 and 40-1416, Idaho Code, shall be sep- 8 arately identified and accounted for, and paid to the highway district for 9 which collected. For the purposes of vehicle registration, a person is an 10 actual and permanent resident of the county in which he has his principal res- 11 idence or domicile. A principal residence or domicile shall not be a person's 12 workplace, vacation, or part-time residence. 13 (6) A violation of the provisions of this section shall be an infraction. 14 In addition, an owner of a vehicle registered by a county assessor who 15 is an actual and permanent resident of a jurisdiction which has adopted a fee 16 under the provisions of section 40-827 or 40-1416, Idaho Code, or which admin- 17 isters an air quality program established by ordinance for the inspection and 18 readjustment of motor vehicles as part of an approved state implementation 19 plan adopted by the state and submitted to the federal government under 42, 20 U.S.C. sec. 7410, who designates a principal residence or domicile address in 21 a jurisdiction which does not impose or collect such fees shall be subject to 22 an additional penalty in an amount which is twice the amount of each fee which 23 was not paid because of the wrongful registration. Such penalty shall be col- 24 lected by the department and, less a deduction from such amount for the 25 department's actual costs for collection and administration of the fee, but 26 not to exceed one and one-half percent (1 1/2%), shall be remitted by the 27 department to the jurisdiction(s) to which the fees would have been paid had 28 the vehicle been registered properly. Provided however, that this subsection 29 shall not apply to a vehicle which is primarily used or garaged in a county 30 other than the county of principal residence or domicile of the owner. 31 SECTION 2. That Chapter 4, Title 49, Idaho Code, be, and the same is 32 hereby amended by the addition thereto of a NEW SECTION , to be 33 known and designated as Section 49-454, Idaho Code, and to read as follows: 34 49-454. AIR QUALITY TESTING FEE. A city or county which administers an 35 air quality program established by ordinance for the inspection and readjust- 36 ment of motor vehicles as part of an approved state implementation plan 37 adopted by the state and submitted to the federal government under 42 U.S.C. 38 Section 7410 may contract with the department for the collection, distribution 39 and administration of the fee for such program in a like manner and under the 40 definitions and rules for the collection and administration of other registra- 41 tion fees as set forth in chapter 4, title 49, Idaho Code. The fee shall not 42 exceed the actual cost budgeted by the city or county for the administration 43 of the program and in no case shall exceed twelve dollars ($12.00) per vehicle 44 per annum. Each month following receipt by the department of revenues from 45 the motor vehicle inspection and readjustment fee, the department shall remit 46 the revenues to the city or county implementing the fee, less a deduction 47 from the amount for the department's actual costs for collection and adminis- 48 tration of the fee, but not to exceed one and one-half percent (1 1/2%). Fees 49 collected under this section shall be separately identified and accounted for 50 and paid monthly to the city or county and shall not become part of the state 51 highway account or the state highway distribution account.
AS1094|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Ipsen Seconded by Lee IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1094 1 AMENDMENT TO THE BILL 2 On page 2 of the printed bill, following line 24 insert: 3 "SECTION 2. That Chapter 4, Title 49, Idaho Code, be, and the same is 4 hereby amended by the addition thereto of a NEW SECTION , to be 5 known and designated as Section 49-454, Idaho Code, and to read as follows: 6 49-454. AIR QUALITY TESTING FEE. A city or county which administers an 7 air quality program established by ordinance for the inspection and readjust- 8 ment of motor vehicles as part of an approved state implementation plan 9 adopted by the state and submitted to the federal government under 42 U.S.C. 10 Section 7410 may contract with the department for the collection, distribution 11 and administration of the fee for such program in a like manner and under the 12 definitions and rules for the collection and administration of other registra- 13 tion fees as set forth in chapter 4, title 49, Idaho Code. The fee shall not 14 exceed the actual cost budgeted by the city or county for the administration 15 of the program and in no case shall exceed twelve dollars ($12.00) per vehicle 16 per annum. Each month following receipt by the department of revenues from 17 the motor vehicle inspection and readjustment fee, the department shall remit 18 the revenues to the city or county implementing the fee, less a deduction 19 from the amount for the department's actual costs for collection and adminis- 20 tration of the fee, but not to exceed one and one-half percent (1 1/2%). Fees 21 collected under this section shall be separately identified and accounted for 22 and paid monthly to the city or county and shall not become part of the state 23 highway account or the state highway distribution account.". 24 CORRECTION TO TITLE 25 On page 1, in line 4, following "CLE" insert: "; AND AMENDING CHAPTER 4, 26 TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-454, IDAHO CODE, TO 27 PROVIDE FOR IMPOSITION AND COLLECTION OF FEES ON MOTOR VEHICLES FOR AIR QUAL- 28 ITY TESTING OF MOTOR VEHICLE EMISSIONS". Moved by Ipsen Seconded by Lee IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1094, As Amended 29 AMENDMENTS TO SECTION 1 30 On page 2 of the engrossed bill, in line 23, following " penalty 31 " insert: " shall be collected by the department and "; in 32 line 27, following " properly. " insert: " Provided however, 33 that this subsection shall not apply to a vehicle which is primarily used or 34 garaged in a county other than the county of principal residence or domicile ]]] 2 1 of the owner. ".
STATEMENT OF PURPOSE
RS 08705
This bill would provide a penalty for failure to designate a proper address when
registering a vehicle if the use of the improper address results in the avoidance of local
fees collected with vehicle registration. Under current law, a person is required to
designate the county of residence when registering a motor vehicle. Ada County has
adopted local option registration fees to fund road and bridge maintenance and inspection
fees to operate an air quality program. This bill would impose a penalty of twice the
amount of fees avoided if an improper address is designated.
FISCAL IMPACT
Perhaps as many as 5,000 vehicles which should be registered with a home
residence of Ada County are improperly registered. Registration fees in Ada County (the
only county which has established such fees) range from $10.00 to $20.00. The air quality
fee is an additional $12.00. Assuming that half of these vehicles would continue to be
improperly registered, this bill would capture approximately $135,000.00 in unpaid
registration and air quality program fees.
Contact:
Roger Simmons 364-2333
Clair Bowman 345-5274
STATEMENT OF PURPOSE/FISCAL IMPACT S 1094