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S1173aa...................................................by TRANSPORTATION
RESTRICTED HIGHWAY FUND - Amends and repeals existing law to delete the
Restricted Highway Fund; to revise the percentage of moneys apportioned to
local units of government, the State Highway Account and the Law
Enforcement Account from the Highway Distribution Account; and to delete
provisions that distribute a portion of revenues from the annual
registration of vehicles weighing 8,000 pounds or less to the Restricted
Highway Fund.
02/12 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Transp
03/03 Rpt out - to 14th Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 28-2-5
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorenson, Stegner Stennett, Thorne, Twiggs, Wheeler,
Whitworth
NAYS--Keough, King
Absent and excused--Branch, Crow, Ingram, Ipsen, Parry
Floor Sponsor - Frasure
Title apvd - to House
03/10 House intro - 1st rdg as amen - to Transp
03/17 Rpt out - rec d/p - to 2nd rdg as amen
Ret'd to Transp
03/19 Rpt out - rec d/p - to 2nd rdg
Rules susp - PASSED - 32-30-8
AYES -- Alltus, Bell, Bieter, Boe, Campbell, Deal, Field(13),
Field(20), Geddes, Gould, Hadley, Hansen(23), Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Limbaugh, Marley, Montgomery, Moyle, Pischner,
Pomeroy, Reynolds, Robison, Schaefer, Sellman, Stevenson, Stone,
Tippets, Zimmermann
NAYS -- Barraclough, Bruneel, Callister, Chase, Clark, Crow, Cuddy,
Denney, Ellsworth, Gagner, Hammond, Hansen(29), Henbest, Hornbeck,
Jaquet, Jones, Loertscher, Mader, McKague, Meyer(Duncan), Ridinger,
Ringo, Sali, Smith, Smylie, Stoicheff, Taylor, Watson, Wheeler,
Mr Speaker
Absent and excused -- Barrett, Black, Linford, Mortensen, Tilman,
Trail, Williams, Wood
Floor Sponsor - Kempton
Title apvd - to Senate
03/22 To enrol - rpt enrol - Pres signed - Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 320
Effective: 07/01/99
S1173|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1173, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO DISTRIBUTION OF HIGHWAY FUNDS; AMENDING SECTION 40-701, IDAHO 3 CODE, TO DELETE DISTRIBUTION OF ANY MONEYS IN THE HIGHWAY DISTRIBUTION 4 ACCOUNT TO THE RESTRICTED HIGHWAY FUND AND TO REVISE THE PROPORTIONAL DIS- 5 TRIBUTION OF MONEYS IN THE ACCOUNT TO LOCAL UNITS OF GOVERNMENT, THE STATE 6 HIGHWAY ACCOUNT AND THE LAW ENFORCEMENT ACCOUNT; AMENDING SECTIONS 41-4909 7 AND 41-4909A, IDAHO CODE, TO DELETE REFERENCE TO THE RESTRICTED HIGHWAY 8 FUND, TO PROVIDE FOR DISTRIBUTION OF REVENUES TO THE HIGHWAY DISTRIBUTION 9 ACCOUNT AND TO MAKE A TECHNICAL CORRECTION; REPEALING SECTION 40-701A, 10 IDAHO CODE; AND AMENDING SECTION 49-402, IDAHO CODE, TO DELETE PROVISIONS 11 THAT DISTRIBUTE A PORTION OF REVENUES FROM THE ANNUAL REGISTRATION OF 12 VEHICLES WEIGHING EIGHT THOUSAND POUNDS OR LESS TO THE RESTRICTED HIGHWAY 13 FUND. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 40-701, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 40-701. HIGHWAY DISTRIBUTION ACCOUNT -- APPORTIONMENT. (1) There is 18 established in the state treasury an account known as the "Highway Distribu- 19 tion Account," to which shall be credited: 20 (a) Moneys as provided by sections 63-2412(1)(e)4 and 63-2418(3), Idaho 21 Code; 22 (b) All moneys collected by the department, their agents and vendors, and 23 county assessors and sheriffs, under the provisions of title 49, Idaho 24 Code, except as otherwise specifically provided for; and 25 (c) All other moneys as may be provided by law. 26 (2) The highway distribution account shall be apportioned as follows: 27 (a)An amount equivalent to the net increase in the motor fuels tax28exceeding twenty-one cents (21[) per gallon shall be deposited to the29restricted highway fund, and the remainder shall be distributed:3031(b)Thirty-five and seventy-seven hundredths32eight percent (35.7738 %) to 33 local units of government as provided in section 40-709, Idaho Code; 34 (cb ) Fifty-eight and eighty-three hun-35dredthsseven percent (5 78.8336%) to the state highway account established in section 40-702, Idaho 37 Code; and 38 (dc ) Fiveand forty hundredths39 percent (5.40%) to the law enforcement account, established 40 in section 67-2914, Idaho Code. The state controller shall cause the 41 remittance of the moneys apportioned to local units of government not 42 later than January 25, April 25, July 25 and October 25 of each year, and 43 to the state highway account and the law enforcement account as the moneys 2 1 become available to the highway distribution account. 2 (3) Interest earned on the investment of idle moneys in the highway dis- 3 tribution account shall be paid to the highway distribution account. 4 (4) All idle moneys in the dedicated highway trust or asset accounts or 5 subaccounts established from highway user revenues, reimbursements, fees or 6 permits shall be invested by the state treasurer in the same manner as pro- 7 vided under section 67-1210, Idaho Code, with respect to other surplus or idle 8 moneys in the state treasury. Interest earned on the investments shall be 9 returned to the various highway trust or asset accounts and subaccounts. 10 SECTION 2. That Section 41-4909, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 41-4909. DISTRIBUTION OF APPLICATION FEES AND TRANSFER FEES. (1) The 13 application fees and the transfer fees collected as provided in this chapter 14 shall be promptly remitted to the state treasurer for deposit in the Idaho 15 petroleum clean water trust fund. The transfer fees and accumulated interest 16 which accrued to the fund prior to August 3, 1995, shall remain in the fund. 17 The transfer fees and accumulated interest, which have been held in a separate 18 suspense account since August 3, 1995, shall be distributed as provided in 19 subsection (4) of this section. The transfer fees and accumulated interest 20 which accrue to the Idaho petroleum clean water trust fund subsequent to April 21 1, 1997 , shall be distributed monthly thereafter as provided in 22 subsection (5) of this section. 23 (2) An amount of money equal to the actual cost of collecting, adminis- 24 tering and enforcing the transfer fee by the commission, as determined by it, 25 shall be retained by the commission. The amount retained by the commission 26 shall not exceed the amount authorized to be expended by appropriation by the 27 legislature. Any unencumbered balance in excess of the actual cost of collec- 28 tion, administering and enforcing the transfer fee requirements by the commis- 29 sion at the end of each fiscal year shall be remitted to the state treasurer 30 for deposit into the Idaho petroleum clean water trust fund. 31 (3) From the receipts of the transfer fee, an amount of money shall be 32 distributed to the state refund account established under section 63-3067, 33 Idaho Code, sufficient to reimburse that account for all current refund claims 34 under this chapter paid from that account. Any refunds due and owing from the 35 commission under this chapter shall be paid from the state refund account and 36 those moneys are hereby continuously appropriated for that purpose. 37 (4) For the distribution on April 1, 1997, the balance of the transfer 38 fees and accumulated interest accruing to the separate suspense account 39 established for such fees on August 3, 1995, which remain after distributing 40 the amounts specified in subsections (2) and (3) of this section, shall be 41 distributed as follows: 42 (a) Twenty percent (20%) to the Idaho petroleum clean water trust fund 43 established in section 41-4904, Idaho Code; 44 (b) Three percent (3%) to the Idaho department of parks and recreation in 45 accordance with subparagraphs 1., 2., and 3. of paragraph (e), subsection 46 (1) of section 63-2412, Idaho Code; and 47 (c) The remainder shall be distributed: 48 (i) Six million dollars ($6,000,000) to the state highway account 49 for administration by the Idaho transportation department as provided 50 in section 41-4909A, Idaho Code; and 51 (ii) The balance remaining to therestrictedhighway 52funddistribution account established in 53 section 40-701A, Idaho Code. 3 1 (5) For the distribution at the end of fiscal year 1997 and monthly 2 thereafter, the balance of the transfer fees and accumulated interest accruing 3 to the Idaho petroleum clean water trust fund which remain after distributing 4 the amounts specified in subsections (2) and (3) of this section, shall be 5 distributed as follows: 6 (a) Seventy-seven percent (77%) to therestrictedhighway 7funddistribution account established in section 8 40-701A, Idaho Code; and 9 (b) Three percent (3%) to the Idaho department of parks and recreation in 10 accordance with subparagraphs 1., 2., and 3. of paragraph (e), subsection 11 (1) of section 63-2412, Idaho Code. 12 SECTION 3. That Section 41-4909A, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 41-4909A. APPORTIONMENT OF MONEYS TRANSFERRED TO THE STATE HIGHWAY 15 ACCOUNT FROM THE IDAHO PETROLEUM CLEAN WATER TRUST FUND SUSPENSE ACCOUNT ON 16 APRIL 1, 1997. Of the moneys transferred to the state highway account pursuant 17 to the distribution in section 41-4909(4)(c)(i), Idaho Code, an amount not to 18 exceed six million dollars ($6,000,000) shall be administered by the Idaho 19 transportation department for use as the state and local match for federal 20 highway administration (FHWA) and federal emergency management agency (FEMA) 21 road and bridge projects. Such moneys shall be used exclusively for repair and 22 restoration of local and state roads and bridges damaged by the 1997 natural 23 disasters in the counties of Adams, Benewah, Bingham, Boise, Bonner, Bonne- 24 ville, Boundary, Butte, Clearwater, Custer, Elmore, Fremont, Gem, Idaho, Jef- 25 ferson, Kootenai, Latah, Madison, Nez Perce, Owyhee, Payette, Shoshone, Valley 26 and Washington. When apportionment of moneys under this section is sufficient 27 to meet the purposes for which the moneys are designated, but not to exceed 28 six million dollars ($6,000,000), any remaining amounts shall be returned to 29 therestrictedhighwayfunddistribution 30 account established in section 40-701A, Idaho Code. 31 32 SECTION 4. That Section 40-701A, Idaho Code, be, and the same is hereby 33 repealed. 34 SECTION 5. That Section 49-402, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each pickup 37 truck and each other motor vehicle having a maximum gross weight not in excess 38 of eight thousand (8,000) pounds, designed for the purpose of carrying passen- 39 gers and not used for hire shall be: 40 Vehicles one (1) and two (2) years old ............................ $48.00 41Of the registration fees collected for vehicles one (1) and two (2)42years old, $36.48 shall be deposited to the highway distribution account43and $11.52 shall be deposited to the restricted highway fund.44 Vehicles three (3) and four (4) years old ......................... $36.00 45Of the registration fees collected for vehicles three (3) and four46(4) years old, $33.48 shall be deposited to the highway distribution47account and $2.52 shall be deposited to the restricted highway fund.4849 Vehicles five (5) and six (6) years old ........................... $36.00 50Of the registration fees collected for vehicles five (5) and six (6)4 1years old, $26.28 shall be deposited to the highway distribution account2and $9.72 shall be deposited to the restricted highway fund.3 Vehicles seven (7) and eight (8) years old ........................ $24.00 4Of the registration fees collected for vehicles seven (7) and eight5(8) years old, $22.68 shall be deposited to the highway distribution6account and $1.32 shall be deposited to the restricted highway fund.78 Vehicles over eight (8) years old ................................. $24.00 9Of the registration fees collected for vehicles over eight (8) years10old, $16.08 shall be deposited to the highway distribution account and11$7.92 shall be deposited to the restricted highway fund.12 There shall be twelve (12) registration periods, starting in January for 13 holders of validation registration stickers numbered 1, and proceeding consec- 14 utively through December for holders of validation registration stickers num- 15 bered 12, each of which shall start on the first day of a calendar month and 16 end on the last day of the twelfth month from the first day of the beginning 17 month. Registration periods shall expire midnight on the last day of the reg- 18 istration period in the year designated by the validation registration 19 sticker. The numeral digit on the validation registration stickers shall, as 20 does the registration card, fix the registration period under the staggered 21 plate system of Idaho for the purpose of reregistration and notice of expira- 22 tion. 23 A vehicle that has once been registered for any of the above designated 24 periods shall, upon reregistration, be registered for the period bearing the 25 same number, and the registration card shall show and be the exclusive proof 26 of the expiration date of registration and licensing. Vehicles may be ini- 27 tially registered for less than a twelve (12) month period, or for more than a 28 twelve (12) month period, and the fee prorated on a monthly basis if the frac- 29 tional registration tends to fulfill the purpose of the monthly series regis- 30 tration system. 31 (2) For all motor vehicles equipped to carry passengers and operated pri- 32 marily for hire exclusively within the limits of an incorporated city and 33 adjacent thereto, when the service outside the city is a part of a regular 34 service rendered inside the city, and for school buses operated either by a 35 nonprofit, nonpublic school or operated pursuant to a service contract with a 36 school district for transporting children to or from school or in connection 37 with school approved activities, the annual fee shall be twelve dollars and 38 forty-eight cents ($12.48). 39 (3) For all hearses, ambulances and wreckers the annual fee shall be 40 twenty-nine dollars and forty cents ($29.40), and these vehicles shall bear 41 passenger car plates. No operator of a hearse, ambulance, or wrecker shall be 42 entitled to operate them by virtue of any dealer's license that may have been 43 issued under the provisions of this chapter. 44 (4) For all motorcycles and all-terrain vehicles the annual fee shall be 45 nine dollars ($9.00). For operation of an ATV off the public highways, the fee 46 specified in section 67-7122, Idaho Code, shall also be paid. Registration 47 exemptions provided in section 49-426(2), Idaho Code, apply to all-terrain 48 vehicles and motorcycles used for the purposes described in that subsection 49 (2). 50 (5) For all motor homes the fee shall be as specified in subsection (1) 51 of this section and shall be in addition to the fees provided for in section 52 49-445, Idaho Code. 53 (6) Registration fees shall not be subject to refund. 54 (7) A financial institution or repossession service contracted to a 55 financial institution repossessing vehicles under the terms of a security 5 1 agreement shall move the vehicle from the place of repossession to the finan- 2 cial institution's place of business on a repossession plate. The repossession 3 plate shall also be used for demonstrating the vehicle to a prospective pur- 4 chaser for a period not to exceed ninety-six (96) hours. The registration fees 5 for repossession plates shall be as required in subsection (1) of this section 6 for a vehicle one (1) and two (2) years old. All other fees required under 7 chapter 4, title 49, Idaho Code, shall be in addition to the registration fee. 8 The repossession plate shall be issued on an annual basis by the department. 9 (8) In addition to the annual registration fee in this section, there 10 shall be an initial program fee of twenty-five dollars ($25.00) and an annual 11 program fee of fifteen dollars ($15.00) for all special license plate programs 12 for those license plates issued pursuant to sections 49-404A, 49-407, 49-408, 13 49-409, 49-414, 49-416 and 49-418, Idaho Code. For special plates issued pur- 14 suant to sections 49-406 and 49-406A, Idaho Code, there shall be an initial 15 program fee of twenty-five dollars ($25.00) but there shall be no annual 16 renewal fee. For special plates issued pursuant to sections 49-417 and 17 49-417A, Idaho Code, there shall be an initial program fee of thirty-five dol- 18 lars ($35.00) and an annual program fee of twenty-five dollars ($25.00). The 19 fees contained in this subsection shall be applicable to all new special plate 20 programs. The initial program fee and the annual program fee shall be depos- 21 ited in the state highway account and shall be used to fund the cost of admin- 22 istration of special license plate programs which are provided to the public 23 as a personal alternative to the standard license plate requirements.
AS1173|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Frasure Seconded by Keough IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1173 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 32, delete " six " and 3 insert: " seven ", and also in line 32, delete "58.83456 " and insert: "5 78.83"; in line 5 34, delete "Five" and insert: "Five", and also in line 34, delete 6 " Six ", and also in line 34, delete "5.406 7 " and insert: "5.40".
STATEMENT OF PURPOSE
RS09024
This legislation simplifies the distribution of fuel tax and
vehicle registration fees. This also increases the percentage of
funds to local units of government and law enforcement. This
combines and consolidates the Highway Distribution Account and
the Restricted Highway Fund.
FISCAL NOTE
Current distribution for FY2000 from the Highway Distribution
Account and the Restricted Highway Fund is approximately
$167.8 million to Idaho Transportation Department
$110.5 million to local units of government and
$ 13.4 million to Law Enforcement.
This legislation would shift amounts to approximately
$163.3 million to Idaho Transportation Department
$110.9 million to local units of government and
$ 17.5 million to Law Enforcement.
FY 1999 appropriation is as follows:
$163.3 million State
$107.5 million local
$ 13.0 million Law Enforcement
This change in effect shifts this years increase in these two
accounts from I.T.D. to State Police. Local units of government
receive slightly more than they would when accounts were
separate.
CONTACT: Senator Evan Frasure
Phone: 332-1315
STATEMENT OF PURPOSE/ FISCAL NOTE S1173