1999 Legislation
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SENATE BILL NO. 1141, As Amended in the House – Manufactured homes, title, MV law

SENATE BILL NO. 1141, As Amended in the House

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Daily Data Tracking History



S1141aaH..................................................by TRANSPORTATION
MANUFACTURED HOMES - Amends existing law to provide exceptions to motor
vehicle registration requirements for certain manufactured homes; and to
require that certain manufactured homes be titled under motor vehicle law.

02/10    Senate intro - 1st rdg - to printing
02/11    Rpt prt - to Transp
02/26    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/03    3rd rdg - PASSED - 31-0-4
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Riggs,
      Risch, Sandy, Schroeder, Stegner, Stennett, Thorne, Twiggs, Wheeler,
      Whitworth
      NAYS--None
      Absent and excused--Branch, Parry, Richardson, Sorensen
    Floor Sponsor - Ingram
    Title apvd - to House
03/04    House intro - 1st rdg - to Transp
03/15    Rpt out - to Gen Ord
03/16    Rpt out amen - to 1st rdg as amen
03/17    1st rdg - to 2nd rdg as amen
03/17    Rules susp - PASSED - 67-0-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Clark, Crow, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
      Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher,
      Mader, Marley, McKague, Meyer(Duncan), Mortensen, Moyle, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets,
      Trail, Watson, Wheeler, Williams, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Chase, Cuddy, Montgomery
    Floor Sponsor - Ridinger
    Title apvd - to Senate
03/17    Senate concurred in House amens - to engros
03/18    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rules susp - PASSED - 31-0-4
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, Lee, McLaughlin, Noh, Richardson,
      Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Twiggs, Wheeler,
      Whitworth
      NAYS--None
      Absent and excused--King, Parry, Riggs, Stennett
    Floor Sponsor - Ingram
    Title apvd - to enrol
03/18    Rpt enrol - Pres signed
03/19    Sp signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 170
         Effective: 03/23/99

Bill Text


S1141


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                      SENATE BILL NO. 1141, As Amended in the House

                               BY TRANSPORTATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO MANUFACTURED HOMES; AMENDING SECTION 49-422, IDAHO CODE,  TO  PRO-
 3        VIDE  AN  EXEMPTION  FROM REGISTRATION FEES FOR CERTAIN MANUFACTURED HOMES
 4        AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-426,  IDAHO  CODE,
 5        TO  EXEMPT  CERTAIN MANUFACTURED HOMES FROM THE REGISTRATION PROVISIONS OF
 6        CHAPTER 4, TITLE 49, IDAHO CODE; AMENDING SECTION 49-501, IDAHO  CODE,  TO
 7        CLARIFY  TITLING REQUIREMENTS AND TO PROVIDE THAT MANUFACTURED HOMES SHALL
 8        BE SUBJECT TO THE TITLING REQUIREMENTS OF CHAPTER 5, TITLE 49, IDAHO CODE;
 9        AND DECLARING AN EMERGENCY.

10    Be It Enacted by the Legislature of the State of Idaho:

11        SECTION 1.  That Section 49-422, Idaho Code, be, and the  same  is  hereby
12    amended to read as follows:

13        49-422.  REGISTRATION  FEES  --  MANUFACTURED HOMES AND TOWED RECREATIONAL
14    VEHICLES.  (1)  The fees  for  registering  manufactured  homes  or
15    towed  recreational vehicles shall be four dollars ($4.00). In addition to the
16    registration fee, and as a prerequisite  to  registering  there  shall  be  an
17    assessment  levied on each manufactured home for ad valorem tax as provided in
18    chapter 3, title 63, Idaho Code. An applicant for a manufactured  home  regis-
19    tration  shall be required to exhibit the general property tax receipt for the
20    year of registration before a license may be issued. An applicant for a  towed
21    recreational vehicle registration shall be required to obtain the recreational
22    vehicle  annual license as required in section 49-445, Idaho Code, in conjunc-
23    tion with the registration required in this section. It shall be unlawful  for
24    any manufactured home or towed recreational vehicle to be moved on any highway
25    without  first  being registered. The registration fees collected as specified
26    in this section shall be paid to the assessor of the county where  the  regis-
27    tration was  purchased. Fifty  per cent   percent  (50%)
28    of  the  registration  fees shall be placed in the county current expense fund
29    and the balance of the fees shall be deposited  in  the  highway  distribution
30    account.
31          (2)  The provisions of this section shall not apply to new manufac-
32    tured homes being transported either prior to first sale at retail or  to  the
33    initial setup location of the original purchaser. 

34        SECTION  2.  That  Section  49-426, Idaho Code, be, and the same is hereby
35    amended to read as follows:

36        49-426.  EXEMPTIONS FROM OPERATING FEES. The provisions  of  this  chapter
37    with respect to operating fees shall not apply to:
38        (1)  Motor  vehicles  owned  or  leased by the United States, the state, a
39    city, a county, any department thereof, any political subdivision or municipal
40    corporation of the state, any taxing district of the state, any  state  regis-
41    tered  nonprofit  subscription  fire  protection  unit,  or  any organization,


                                         2

 1    whether incorporated or unincorporated, organized for the  operation,  mainte-
 2    nance, or management of an irrigation project or irrigation works or system or
 3    for  the  purpose  of  furnishing water to its members or shareholders, but in
 4    other respects shall be applicable.
 5        (2)  Farm tractors, implements  of  husbandry,    those  manufactured
 6    homes  which  qualify for an exemption under the provisions of section 49-422,
 7    Idaho Code,  road rollers, wheel mounted tar buckets, portable  concrete
 8    and/or  mortar mixers, wheel mounted compressors, tow dollies, portable toilet
 9    trailers, street sweepers, and similar devices as determined by the department
10    which are temporarily operated or moved upon the highways need not  be  regis-
11    tered  under the provisions of this chapter, nor shall implements of husbandry
12    be considered towed  units  under  registration  of  vehicle  combinations  as
13    defined  in  section  49-108(2),    Idaho  Code.  In  addition, self-propelled
14    wheelchairs, three-wheeled bicycles, wheelchair conveyances, golf carts,  lawn
15    mowers,  and scooters operated by persons who by reason of physical disability
16    are otherwise unable to move about as pedestrians shall be exempt from  regis-
17    tration  requirements  under  the  provisions of this chapter. Motorcycles and
18    all-terrain vehicles, as  defined in section 67-7101, Idaho Code, need not  be
19    registered  under  the provisions of this chapter while being used exclusively
20    in connection with agricultural, horticultural, dairy  and  livestock  growing
21    and  feeding  operations or used exclusively for snow removal purposes. Travel
22    upon the public highways shall be limited to  travel  between  farm  or  ranch
23    locations.  Motorcycles  and  all-terrain vehicles used for this purpose shall
24    meet the requirements of section 49-619, Idaho Code.

25        SECTION 3.  That Section 49-501, Idaho Code, be, and the  same  is  hereby
26    amended to read as follows:

27        49-501.    APPLICATION  TO  CERTAIN  VEHICLES      TITLING
28    REQUIREMENTS    -- EXEMPTIONS.   (1)   The provisions of this
29    chapter shall apply  exclusively  to every vehicle required  to  be
30    registered  with  the  department  in  chapter  4, title 49, Idaho Code .
31     , and optionally to all terrain vehicles, motorbikes, and  snowmo-
32    biles as defined in section 67-7101, Idaho Code, beginning on January 1, 1990,
33    and  becoming  mandatory  on  January 1, 1991, for all transfers of ownership,
34    except that the 
35         (2)  In addition, the titling requirements  of  this  chapter  shall
36    apply  to the following vehicles which are not required to be registered under
37    the provisions of chapter 4, title 49, Idaho Code:
38     
39         (a)  All-terrain vehicles, motorbikes and snowmobiles as defined  in
40        section 67-7101, Idaho Code; and
41     
42         (b)  Manufactured homes as defined in section 39-4105, Idaho Code.
43        (3)  Certain vehicles which are required to be registered under the provi-
44    sions  of  chapter  4,  title 49, Idaho Code, shall be exempt from the titling
45    requirements of this chapter as follows:
46     
47         (a)  Utility trailers whose unladen weight is less than two thousand
48        (2,000) pounds; and
49     
50         (b)  The  board may, by rule s  and  regulations  ,
51        exempt  vehicle s  and motor vehicle s   regis-
52        trations   registered  under provisions of   subsec-
53        tion  (3)  of  section 49-441 and  sections 49-434 and 49-435, Idaho


                                         3

 1        Code, from the titling requirements of this chapter.  Trailers  whose
 2        unladen weight is less than two thousand (2,000) pounds, vehicles owned by
 3        the federal government, and vehicles 
 4          (4)  Vehicles   exempt from registration under the provisions
 5    of section 49-426, Idaho Code, are exempt from  the    provisions  
 6     titling requirements  of this chapter , unless otherwise spe-
 7    cifically required by the provisions of subsection (2) of this section .

 8        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
 9    declared to exist, this act shall be in full force and effect on and after its
10    passage and approval.

Amendment


AS1141


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                       Moved by     Ridinger             

                                       Seconded by  Cuddy                


                             IN THE HOUSE OF REPRESENTATIVES
                            HOUSE AMENDMENTS TO S.B. NO. 1141

 1                               AMENDMENTS TO SECTION 1
 2        On page 1 of the printed bill, delete lines 13 through 20 and insert:
 3        "49-422.  REGISTRATION FEES -- MANUFACTURED HOMES AND  TOWED  RECREATIONAL
 4    VEHICLES.    (1)    The  fees for registering manufactured homes or
 5    towed recreational vehicles shall be four dollars ($4.00). In addition to  the
 6    registration  fee,  and  as  a  prerequisite  to registering there shall be an
 7    assessment levied on each manufactured home for ad valorem tax as provided  in
 8    chapter  3,  title 63, Idaho Code. An applicant for a manufactured home regis-
 9    tration shall be required to exhibit the general property tax receipt for  the
10    year  of registration before a license may be issued. An applicant for a towed
11    recreational"; in line 23, delete " manu- " and  insert:   "manu-";
12    in   line  24,   delete  " factured home or " and insert: "factured
13    home or"; and following line 29, insert:
14        " (2) The provisions of this section shall not apply to new  manufac-
15    tured  homes  being transported either prior to first sale at retail or to the
16    initial setup location of the original purchaser. ".

17                                AMENDMENT TO SECTION 2
18        On page 2, delete line 1 and insert: "(2)  Farm  tractors,  implements  of
19    husbandry,  those manufactured homes which qualify for an exemption under
20    the provisions of section 49-422, Idaho Code,  road".

21                                 CORRECTIONS TO TITLE
22        On  page  1,  in line 2, delete "DELETE" and insert: "PROVIDE AN EXEMPTION
23    FROM"; in line 3, delete "AND RELATED REQUIREMENTS", and also in line 3,  fol-
24    lowing  "FOR"  insert:  "CERTAIN";  and  in line 5, following "EXEMPT" insert:
25    "CERTAIN".

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE
                               RS 08795
                                    
 The purpose of this legislation is to exempt manufactured homes from registration
 requirements. Since titling requirements and registration requirements are linked,
 amendment of Title 49, Chapter 5 is also needed to maintain titling for manufactured
 homes.
 
                              FISCAL NOTE
                                   
                                    Enactment of this legislation will eliminate the need to sell "96 hour" trip permits for
 manufactured homes. There are apprommately 15,120 "96 hour" trip permits sold each
 year for the movement of manufactured homes at $25 each totaling $378,000. However.
 trip permit revenue came about as a result of an interpretation of ldaho Code that was not
 in place until August 1998. Trip permits were not sold on manufactured housing until the
 August interpretation An additional revenue reduction of $2,500 per year will result from
 the elimination of manufactured home annual registrations, required in Idaho Code 49- 422.
 
 Annual Revenue Reduction:               Trip Permit             Registration
 LocalGovernment:Fund#025901         $135,211                   $  447
 StateHighwayAccoumt:Fund#0260     $222,377                      $   735
 LawEnforcement:Fund#0264               $  20,412               $     68
 County Current Expense Fund                           0                      $1,250
                                                 Totals:                             $378,000                     $2,500
 
 Combined total revenue reduction: $380,500
 
 Contact:      Name:      Greg Panter
                                    Westerberg/Panter & Associates
                     Phone: 208/343-0440                            
 
                                        STATEMENT OF PURPOSE/FISCAL NOTE     S 1141