2000 Legislation
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HOUSE BILL NO. 589 – MV, ownership documents, transitnl


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H0589.........................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - Adds to existing law to provide for transitional ownership
documents for motor vehicles; to provide the purpose of transitional
ownership records; to provide circumstances under which a transitional
ownership record is acceptable as an ownership record; to provide
circumstances for mandatory rejection or invalidation of a transitional
ownership record by the Idaho Transportation Department; to provide
circumstances for discretionary rejection of a transitional ownership
record; and to provide for fees.
02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Transp
02/25    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
02/29    3rd rdg - PASSED - 59-5-6
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Hadley, Hammond, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Kunz, Lake, Loertscher, Mader, Marley, Meyer, Mortensen,
      Moss, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
      Sali, Schaefer(Tiegs), Sellman, Shepherd, Smylie, Stevenson, Stone,
      Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann
      NAYS -- Barrett, Gagner, McKague, Moyle, Stoicheff
      Absent and excused -- Geddes, Gould, Linford, Montgomery, Smith, Mr
    Floor Sponsor - Hansen(23)
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Transp
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/30    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Frasure
    Title apvd - to House
03/31    To enrol
04/03    Rpt enrol - Sp signed
04/04    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 320
         Effective: 01/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 589
  1                                        AN ACT
  4        49-528,  49-529  AND 49-530, IDAHO CODE, TO PROVIDE THE PURPOSE OF TRANSI-
 16    Be It Enacted by the Legislature of the State of Idaho:
 17        SECTION  1.  That  Chapter  5,  Title  49, Idaho Code, be, and the same is
 18    hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
 19    nated as Sections 49-527, 49-528, 49-529 and 49-530, Idaho Code, and  to  read
 20    as follows:
 21        49-527.  PURPOSE  OF  TRANSITIONAL  OWNERSHIP  DOCUMENT.  The purpose of a
 22    transitional ownership document is to enable security interest to be perfected
 23    in a timely manner when the primary ownership document is not  available.  The
 24    transitional  ownership document serves to perfect a lien against creditors or
 25    subsequent purchasers.
 26        (1)  To perfect a security interest the  transitional  ownership  document
 27    must  be  received  by  the department or agent within twenty (20) days of the
 28    date of sale. To determine the twenty (20) days, exclude the first day  (i.e.,
 29    date  of  sale)  and  count each calendar day thereafter. If the twentieth day
 30    falls on a weekend or holiday it is not counted, the last date  the  temporary
 31    ownership  document  will  be  acceptable  is bumped to the next department or
 32    agent working day.
 33        (2)  The lien will be perfected as of the date and time of filing  consis-
 34    tent with section 49-510, Idaho Code.
 35        (3)  The  transitional ownership document is not intended to supersede the
 36    requirements of section 49-504, Idaho Code, but rather to provide an  alterna-
 37    tive method of lien perfection.
 38        (4)  Once  a  temporary ownership document has been filed with the depart-
 39    ment or agent, the primary ownership document must be received by the  depart-
 40    ment  or  agent within ninety (90) calendar days from the date of the security
 41    agreement or contract. To determine ninety (90) days, exclude  the  first  day
 42    (i.e.,  day  of sale) and count each calendar day thereafter. If the ninetieth
 43    day falls on a weekend or holiday, the last date the temporary ownership docu-
  1    ment may be used to determine date of security interest perfection  is  bumped
  2    to the next department or agent working day.
  4    ABLE AS OWNERSHIP DOCUMENT. A transitional ownership document is acceptable as
  5    an ownership document only if the primary ownership document:
  6        (1)  Is not in the possession of the selling dealer, new security interest
  7    holder  or the agent of either at the time the transitional ownership document
  8    is submitted to the  department; and
  9        (2)  To the best of the knowledge of the selling dealer, security interest
 10    holder or agent, will not be  available  for   submission  to  the  department
 11    within  twenty (20) days of the date of sale or if no sale is involved, within
 12    the date of a security agreement or contract.
 14    DOCUMENT  BY DEPARTMENT. The transportation department shall reject, return or
 15    subsequently invalidate a transitional ownership document if:
 16        (1)  More than twenty (20) days have elapsed between the date of sale,  or
 17    if  no  sale  is involved, more than twenty (20) days have elapsed between the
 18    date the contract or security interest being perfected was signed and the date
 19    the transitional ownership document is received by the department;
 20        (2)  The transitional ownership document  does  not  contain  all  of  the
 21    information contained in section 49-121(7), Idaho Code;
 22        (3)  It  is  determined  that  persons named on the transitional ownership
 23    document as having a security interest did not have a security interest on the
 24    date the transitional ownership document was received;
 25        (4)  It is determined the person who submitted the transitional  ownership
 26    document  made false statements in completing the transitional ownership docu-
 27    ment;
 28        (5)  The department does not receive the primary ownership  document  from
 29    the  date of sale within ninety (90) days of the date of sale or if no sale is
 30    involved, within ninety (90) days from the date the security agreement or con-
 31    tract was signed;
 32        (6)  The security interest holder or person  submitting  the  transitional
 33    ownership  document elects to retain, requests it be returned or requests that
 34    the transitional ownership document be withdrawn; or
 35        (7)  The information on or in the transitional ownership document has been
 36    changed or altered in a manner that is not acceptable to the department.
 38    MENT. The transportation department may reject, return or subsequently invali-
 39    date a transitional ownership document if it is determined that:
 40        (1)  Title  is  to be issued to someone other than the person shown on the
 41    transitional ownership document;
 42        (2)  Interests reflected on the primary ownership document or in  informa-
 43    tion  submitted  in conjunction with that document conflict with the interests
 44    as reflected  on the transitional ownership document;
 45        (3)  The person submitting the transitional ownership document has  failed
 46    to submit the nonrefundable fee required by section 49-202(e), Idaho Code; or
 47        (4)  A copy of the application for certificate of title is not attached as
 48    required by the department.
 49        SECTION  2.  That  Section  49-121, Idaho Code, be, and the same is hereby
 50    amended to read as follows:
  1        49-121.  DEFINITIONS -- T.
  2        (1)  "Temporary supplemental lot" means a location other than the  princi-
  3    pal  place of business, or supplemental lot within the same or adjacent county
  4    as the principal place of business, where  a  licensed  dealer  may  secure  a
  5    license  to  conduct  the business and is licensed for a period of time not to
  6    exceed ten (10) days for a specific purpose  such  as  auto  shows,  auctions,
  7    shopping center promotions, tent sales, etc. Temporary supplemental lots shall
  8    meet  all  local zoning and building codes for the type of business being con-
  9    ducted. The requirements for a principal place of business shall not be appli-
 10    cable to temporary supplemental lot locations.
 11        (2)  "Tires" means:
 12        (a)  Metal. Every tire the surface of which in contact with the highway is
 13        wholly or partly of metal or other hard, nonresilient material.
 14        (b)  Pneumatic. Every tire in which compressed air is designed to  support
 15        the load.
 16        (c)  Snow  tire.  Every rubber tire with tread design or material embedded
 17        in the tire to improve winter traction except studded tires.
 18        (d)  Solid rubber. Every tire of rubber or other resilient material  which
 19        does not depend upon compressed air for the support of the load.
 20        (e)  Studded  tire.  Every  tire with built-in lugs of tungsten carbide or
 21        other  suitable material designed to contact the road surface for improved
 22        winter traction.
 23        (3)  "Traffic" means pedestrians,  ridden  or  herded  animals,  vehicles,
 24    streetcars  and  other  conveyances  either singly or together while using any
 25    highway for purposes of travel.
 26        (4)  "Traffic lane" or "lane of travel" means that portion of the  roadway
 27    for movement of a single line of vehicles.
 28        (5)  "Traffic-control device" means any device, whether manually, electri-
 29    cally  or  mechanically  operated,  placed or erected by authority of a public
 30    body or official having jurisdiction, for the purpose of  regulating,  warning
 31    or guiding traffic.
 32        (6)  "Trailer" means:
 33        (a)  General.  Every  vehicle  without  motive power designed for carrying
 34        persons or property and for being drawn by a motor vehicle.
 35        (b)  Fifth-wheel trailer. A vehicular unit equipped in the same manner  as
 36        a travel trailer but constructed with a raised forward section that allows
 37        a  bi-level  floor  plan.  This style is designed to be towed by a vehicle
 38        equipped with a device known as a fifth-wheel hitch,  which  is  typically
 39        installed in the bed of a pickup truck.
 40        (c)  Fold  down  camping  trailer.  A  vehicular  portable unit mounted on
 41        wheels and constructed with collapsible partial side walls, which fold for
 42        towing by another vehicle and unfold at the campsite to provide  temporary
 43        living quarters, for recreational, camping or travel use.
 44        (d)  Park  trailer. A trailer designed to be towed by a motorized vehicle,
 45        and of such size and weight as not to require a special  highway  movement
 46        permit.  It  is designed for seasonal or temporary living quarters and may
 47        be connected to utilities necessary for operation  of  installed  fixtures
 48        and  appliances. It is built on a single permanent chassis and constructed
 49        to permit set up by persons without special skills.
 50        (e)  Pole trailer. Every vehicle without motive power designed to be drawn
 51        by another vehicle and attached to the towing vehicle by means of a  reach
 52        or pole or by being boomed or otherwise secured to the towing vehicle, and
 53        ordinarily  used for transporting long or irregularly shaped loads such as
 54        poles, pipes, or structural  members  capable,  generally,  of  sustaining
 55        themselves as beams between the supporting connections.
  1        (f)  Semitrailer. Every vehicle without motive power,  designed for carry-
  2        ing persons or property and for being drawn by a motor vehicle and so con-
  3        structed  that  some part of its weight and that of its load rests upon or
  4        is carried by the towing vehicle.
  5        (g)  Travel trailer. A vehicular unit, mounted on wheels designed to  pro-
  6        vide  temporary living quarters for recreational, camping, travel or emer-
  7        gency use and of such size or weight as not  to  require  special  highway
  8        movement permits when towed by a motorized vehicle.
  9        (h)  Utility trailer. (See "Utility Trailer", section 49-122, Idaho Code)
 10        (7)  "Transitional  ownership document" means a document used to perfect a
 11    lien against creditors or subsequent purchasers  when  the  primary  ownership
 12    document is not available and the selling dealer, new security interest holder
 13    or  their  agent,  to the best of their knowledge, will not have possession of
 14    the primary ownership document, within twenty (20) days, and contains  all  of
 15    the following:
 16        (a)  The  date of sale or if no sale is involved, the date the contract or
 17        security agreement being perfected was signed;
 18        (b)  The name and address of each owner of the vehicle;
 19        (c)  The name and address of each security interest holder;
 20        (d)  If there are multiple security interest holders,  the  priorities  of
 21        interest  if  the  security  interest holders do not jointly hold a single
 22        security interest;
 23        (e)  The vehicle identification number;
 24        (f)  The name of the security interest holder or person  who  submits  the
 25        transitional ownership document for the security interest holder; and
 26        (g)  Any other information the department may require for its records.
 27        (8)  "Transportation","  for  the  purposes  of  chapter 22 of this title,
 28    means the movement of any regulated quantity of hazardous material or  hazard-
 29    ous  waste within, through, or to any destination in this state upon the high-
 30    ways of this state.
 31        (89)  "Transporter" means every person engaged in the business of deliver-
 32    ing vehicles of a type required to be registered from a manufacturing,  assem-
 33    bling  or  distributing  plant  to  dealers or sales agents of a manufacturer,
 34    except in chapter 22, where it means any person  who  transports  a  hazardous
 35    material  or  hazardous  waste within, through, or to any destination upon the
 36    highways of this state.
 37        (910) "Truck" means:
 38        (a)  Refuse/sanitation. Any vehicle designed and used solely for the  pur-
 39        pose of transporting refuse.
 40        (b)  General.  Every motor vehicle exceeding eight thousand (8,000) pounds
 41        gross weight designed, used or maintained primarily for the transportation
 42        of property.
 43        (c)  Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross
 44        weight or less which is designed, used or  maintained  primarily  for  the
 45        transportation of property.
 46        (d)  Truck camper. A portable unit constructed to provide temporary living
 47        quarters  for  recreational,  travel or camping use, consisting of a roof,
 48        floor, and sides, designed to be loaded onto and unloaded from the bed  of
 49        a pickup truck.
 50        (e)  Truck  tractor.  Every  motor vehicle designed and used primarily for
 51        drawing other vehicles but not so constructed as to  carry  a  load  other
 52        than a part of the weight of the vehicle and load so drawn.
 53        (101) "True mileage driven" means the mileage of the vehicle as registered
 54    by the odometer within the manufacturer's designed tolerance.
  1        SECTION  3.  That  Section  49-202, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
  3        49-202.  DUTIES OF DEPARTMENT. (1) All registration and  driver's  license
  4    records  in  the  office of the department shall be public records and open to
  5    inspection by the public  during  normal  business  hours,  except  for  those
  6    records  declared  by law to be for the confidential use of the department, or
  7    those records containing personal information subject to restrictions or  con-
  8    ditions  regarding  disclosure. If the department has contracted for a service
  9    to be provided by another entity, an additional fee shall be charged  by  that
 10    contractor whether the service is rendered during normal business hours, other
 11    than normal business hours or on weekends.
 12        (2)  In  addition  to  other  fees  required by law to be collected by the
 13    department, the department shall collect the following:
 14        (a)  For certifying a  copy  of  any  record  pertaining  to  any  vehicle
 15        license, any certificate of title, or any driver's license ......... $8.00
 16        (b)  For issuing every Idaho certificate of title .................. $8.00
 17        (c)  For  furnishing  a  duplicate  copy of any Idaho certificate of title
 18        .................................................................... $8.00
 19        (d)  For issuance or transfer of every certificate of title on  a  new  or
 20        used vehicle or other titled vehicle in an expedited manner (rush titles),
 21        in addition to any other fee required by this section ............. $15.00
 22        (e)  For  recording  a transitional ownership document, in addition to any
 23        other fee required by this section..................................$15.00
 24        (f)  For furnishing a replacement of any receipt of registration ... $3.00
 25        (fg)  For furnishing copies of registration or ownership of motor vehicles
 26        or driver's license records, per  vehicle  registration,  accident  report
 27        records, title or per driver's license record ...................... $4.00
 28        Additional contractor fee, not to exceed ........................... $4.00
 29        (gh)  For  services  in searching files of vehicle or other registrations,
 30        vehicle titles, or driver's licenses per hour ..................... $10.00
 31        (hi)  Placing "stop" cards in vehicle registration or  title  files,  each
 32        ................................................................... $12.00
 33        (ij)  For  issuance  of  an assigned or replacement vehicle identification
 34        number (VIN) .......................................................$10.00
 35        (jk)  For a vehicle identification number (VIN)  inspection  whether  con-
 36        ducted  by  a  city  or county peace officer or any other peace officer or
 37        designated agent of the state of Idaho, per inspection ............. $3.00
 38        (kl)  For all replacement registration stickers, each .............. $1.00
 39        (lm)  For issuing letters of temporary vehicle clearance  to  Idaho  based
 40        motor carriers .................................................... $10.00
 41        (mn)  For all sample license plates, each ......................... $12.00
 42        (no)  For filing release of liability statements ................... $2.00
 43        (op)  For  safety  and  insurance  programs for each vehicle operated by a
 44        motor carrier ...................................................... $2.00
 45        A lesser amount may be set by rule of the board.
 46        (3)  The fees required in this section shall not apply when the service is
 47    furnished to any federal, state, county or city peace officer  when such  ser-
 48    vice is required in the performance of their duties as peace officers.
 49        (4)  The  department  may  enter into agreements with private companies or
 50    public entities to provide the services for which a fee is collected  in  sub-
 51    section (2)(fg) of this section. Such private contractor shall collect the fee
 52    prescribed and remit the fee to the department. The contractor shall also col-
 53    lect and retain the additional fee charged for his services.
 54        (5)  (a) The  department  shall  pay three dollars ($3.00) of the fee col-
  1        lected by a county assessor or other agent of the department  as  provided
  2        in subsection (2)(a) through (f) of this section, and four dollars ($4.00)
  3        as provided in subsection (2)(g), to the county assessor or sheriff of the
  4        county  or  agent   collecting such fee, which shall be deposited with the
  5        county treasurer and credited to the  county  current  expense  fund.  The
  6        remainder  of  the  fees collected as provided in that subsection shall be
  7        paid by the department to the state treasurer  and  placed  in  the  state
  8        highway account.
  9        (b)  The  fee collected under subsection (2)(jk) of this section for a VIN
 10        inspection shall be placed in the city general fund if conducted by a city
 11        peace officer, in the county current expense fund if conducted by a county
 12        peace officer, shall be retained by the special agent authorized  to  per-
 13        form  the  inspection,  or  paid  to the state treasurer and placed to the
 14        credit of the department of law enforcement  if  conducted  by  the  Idaho
 15        state  police division or in the state highway account if conducted by the
 16        department.
 17        (c)  The fee collected under subsection (2)(op) of this section for  motor
 18        carriers shall be paid by the department to the state treasurer and placed
 19        in the state highway account. The director and the director of the depart-
 20        ment  of  law  enforcement shall jointly determine the amount to be trans-
 21        ferred from the state highway account to the law enforcement  account  for
 22        motor  carrier safety programs conducted by the department of law enforce-
 23        ment pursuant to the provisions of  section 67-2901A, Idaho Code.
 24        (6)  The department as often as practicable may provide to law enforcement
 25    agencies the record of suspensions and revocations of driver licenses via  the
 26    Idaho law enforcement telecommunications system (ILETS).
 27        (7)  The  department  shall  provide  the forms prescribed in chapter 5 of
 28    this title, shall receive and file in its office in Boise, Idaho, all  instru-
 29    ments  required  in  chapter  5 of this title to be filed with the department,
 30    shall prescribe a uniform method of numbering certificates of title, and main-
 31    tain in the department indices for such certificates  of  title.  All  indices
 32    shall  be  by  motor  or identification number and alphabetical by name of the
 33    owner.
 34        (8)  The department shall file each registration received under a distinc-
 35    tive registration number assigned to the vehicle and to the owner thereof.
 36        (9)  The department shall not renew a driver's license  or  identification
 37    card  when  fees  required  by  law  have not been paid or where fees for past
 38    periods are due, owing and unpaid including nonsufficient fund  checks,  until
 39    those fees have been paid.
 40        (10) The department shall not grant the registration of a vehicle when:
 41        (a)  The applicant is not entitled to registration under the provisions of
 42        this title; or
 43        (b)  The applicant has neglected or refused to furnish the department with
 44        the  information required in the appropriate form or reasonable additional
 45        information required by the department, or has failed to comply  with  the
 46        provisions of section 49-436, Idaho Code, in past registration periods; or
 47        (c)  The  fees  required by law have not been paid, or where fees for past
 48        registration periods are due, owing  and  unpaid  including  nonsufficient
 49        fund checks.
 50        (11) The department or its authorized agents have the authority to request
 51    any person, to submit to medical, vision, highway, or written examinations, to
 52    protect  the  safety  of  the  public upon the highways. The department or its
 53    authorized agents may exercise such authority based upon  evidence  which  may
 54    include, but is not limited to, observations made.
 55        (12) The department shall revoke the registration of any vehicle:
  1        (a)  Which  the  department shall determine is unsafe or unfit to be oper-
  2        ated or is not equipped as required by law;
  3        (b)  Whenever the person to whom the  registration  card  or  registration
  4        plate  has been issued shall make or permit to be made any unlawful use of
  5        the same or permit their use by a person not entitled thereto;
  6        (c)  For any violation of vehicle registration requirements by  the  owner
  7        or operator in the current or past registration periods;
  8        (d)  Whenever  a  motor carrier requests revocation, or whenever an inter-
  9        state carrier's federal operating authority has been revoked;
 10        (e)  For nonpayment by the owner or operator of the vehicle  of  use  fees
 11        computed under sections 49-434 and 49-435, Idaho Code;
 12        (f)  For  failure of the owner or operator to file the reports required or
 13        nonpayment of fees assessed against the owner by the  department  pursuant
 14        to audit under the provisions of section 49-436, Idaho Code;
 15        (g)  Identified  by any city or county administering a program established
 16        by ordinance for the inspection and readjustment of motor vehicles  (which
 17        program  is  part of an approved state implementation plan adopted by both
 18        the state and federal governments under 42 USC  section  7410)  as  having
 19        failed  to  comply  with  an  ordinance  requiring  motor vehicle emission
 20        inspection and readjustment; provided that no vehicle shall be  identified
 21        to  the department under this subsection (g) unless (i) the city or county
 22        certifies to the department that the owner of the motor vehicle  has  been
 23        given  notice  and had the opportunity for a hearing concerning compliance
 24        with the ordinance and has exhausted all remedies  and  appeals  from  any
 25        determination made at such hearing; and (ii) the city or county reimburses
 26        the department for all direct costs associated with the registration revo-
 27        cation procedure.
 28        (13) The department shall not reregister or permit a vehicle to operate on
 29    a special trip permit until all fees, penalties and interest have been paid.
 30        (14) The  department shall institute educational programs, demonstrations,
 31    exhibits and displays.
 32        (15) The department shall cancel a driver's license or identification card
 33    when fees required by law have not been paid or where fees are due, owing  and
 34    unpaid including nonsufficient fund checks, until those fees have been paid.
 35        (16) The  department  shall examine persons and vehicles by written, oral,
 36    vision and skills tests without compulsion except as provided by law.
 37        (17) The department shall employ expert and special help as needed in  the
 38    department.
 39        (18) The  department  shall  compile  accident  statistics and disseminate
 40    information relating to those statistics.
 41        (19) The department shall cooperate with the United States in the elimina-
 42    tion of road hazards, whether of a physical, visual or mental character.
 43        (20) The department shall place and maintain traffic-control devices, con-
 44    forming to the board's manual and specifications, upon all state  highways  as
 45    it  shall  deem  necessary to indicate and to carry out the provisions of this
 46    title or to regulate, warn, or guide traffic. No local authority  shall  place
 47    or maintain any traffic-control device upon any highway under the jurisdiction
 48    of  the  department  except by the latter's  permission, except where the duly
 49    elected officials of an incorporated city have established speed limits  lower
 50    than  those  set by the department on the portion of state highways, excluding
 51    controlled-access and interstate  highways,  that  pass  through  residential,
 52    urban  or business districts within the jurisdiction of the incorporated city.
 53    The placement and maintenance of such a  traffic-control  device  by  a  local
 54    authority shall be made according to the board's manual and specifications for
 55    a uniform system of traffic-control devices.
  1        (21) The  department  may  conduct an investigation of any bridge or other
  2    elevated structure constituting a part of a highway, and if it shall find that
  3    the structure cannot with safety to itself withstand vehicles traveling  at  a
  4    speed  otherwise permissible under this title, shall determine and declare the
  5    maximum speed of vehicles which the structure can safely withstand, and  shall
  6    cause  or  permit  suitable  signs stating the maximum speed to be erected and
  7    maintained before each end of the structure.
  8        (22) Whenever the department shall determine on the basis of an  engineer-
  9    ing  and  traffic  investigation that slow speeds on any highway or part of  a
 10    highway impede  the normal and reasonable movement of traffic, the  department
 11    may  determine  and  declare a minimum speed limit below which no person shall
 12    drive a vehicle except when necessary for safe operation or in compliance with
 13    law, and that limit shall be effective when posted upon appropriate  fixed  or
 14    variable  signs, except in cases where the duly elected officials of an incor-
 15    porated city have established speed  limits  lower   than  those  set  by  the
 16    department  on  portions  of  state  highways, excluding controlled-access and
 17    interstate highways, that pass through residential,  urban  or  business  dis-
 18    tricts within the jurisdiction of the incorporated city.
 19        (23) The  department shall regulate or prohibit the use of any controlled-
 20    access highway by any class or kind of traffic which is found to be incompati-
 21    ble with the normal and safe movement of traffic.
 22        (24) The department shall erect and maintain  traffic-control  devices  on
 23    controlled-access highways on which any prohibitions are applicable.
 24        (25) Wherever  a  highway  crosses one (1) or more railroads at grade, the
 25    department or local authorities within their  respective  jurisdictions  shall
 26    place  and  maintain  stop  signs, directing vehicular traffic approaching the
 27    crossing to come to a full stop prior to entering the crossing at all railroad
 28    crossings where electric or mechanical warning signals do not exist. Placement
 29    of these stop signs shall be mandatory except when  in  the  determination  of
 30    public  highway agencies the existence of stop signs at a given crossing would
 31    constitute a greater hazard than their absence based on a recognized engineer-
 32    ing study.
 33        Nothing in this subsection shall be construed as granting immunity to  any
 34    railroad company as to liability, if any, for an accident which might occur at
 35    a  crossing  where stop signs are erected and in place, but liability, if any,
 36    shall be determined as provided by law. Liability on the part of  governmental
 37    authorities  on  account  of  absence  of any stop sign at a crossing shall be
 38    determined as provided by law.
 39        (26) The department and local  authorities  are  authorized  to  determine
 40    those portions of any highway under their respective jurisdictions where over-
 41    taking  and  passing or driving on the left side of the roadway would be espe-
 42    cially hazardous and may by appropriate signs or markings on the roadway indi-
 43    cate the beginning and end of those  zones and when signs or markings  are  in
 44    place  and clearly visible to an ordinarily observant  person, every driver of
 45    a vehicle shall obey those directions.
 46        (27) The department and local authorities in  their  respective  jurisdic-
 47    tions may in their discretion issue special permits authorizing the  operation
 48    upon  a  highway  of  traction  engines or tractors having movable tracks with
 49    transverse corrugations upon the periphery of the movable tracks or farm trac-
 50    tors or other farm machinery, the operation of  which  upon  a  highway  would
 51    otherwise be prohibited under this title or title 40, Idaho Code.
 52        (28) The  department and local highway authorities within their respective
 53    jurisdictions may place official traffic-control devices prohibiting, limiting
 54    or restricting the stopping, standing or parking of vehicles  on  any  highway
 55    where such stopping, standing or parking is dangerous to those using the high-
  1    way  or  where the stopping, standing or parking of vehicles unduly interferes
  2    with the free movement of traffic thereon.
  3        (29) On any informational material printed after July 1, 1995,  by  or  at
  4    the  order  of the department and distributed to counties, school districts or
  5    individuals for the purpose of assisting  a  person  to  successfully  pass  a
  6    driver's license test, the department shall include material about the state's
  7    open  range  law  and responsibilities, liabilities and obligations of drivers
  8    driving in the open range.
  9        SECTION 4.  That Section 49-425, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
 11        49-425.  LOST  CERTIFICATE  OR  LICENSE  PLATE -- DUPLICATES. In the event
 12    that any license plate or registration card issued pursuant to the  provisions
 13    of  this  chapter shall be lost, mutilated, or become illegible, the person to
 14    whom the plate or registration card is issued shall make immediate application
 15    for and obtain a duplicate or replacement upon furnishing information of  fact
 16    satisfactory  to the department and upon payment of the required fees. The fee
 17    for duplicate or replacement plates is provided in section 49-450 and  section
 18    49-202(2)(ef), Idaho Code, for a replacement registration card.
 19        SECTION  5.  That  Section 49-1817, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
 21        49-1817.  FEE TO ACCOMPANY INFORMATION  REQUEST.  Upon  the  filing  of  a
 22    request  for  title  and registration information on an abandoned vehicle, the
 23    department shall receive a fee in accordance with section 49-202(2)(fg), Idaho
 24    Code.
 25        SECTION 6.  This act shall be in full force and effect on and after  Janu-
 26    ary 1, 2001.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
                      RS 09687C2 
     The purpose of this legislation is to create a transitional ownership document process, as
     a means for security interests to be perfected in a timely manner when the primary
     ownership document is not available.  An effective date of January 1, 2001 is proposed. 
                    FISCAL IMPACT 
     Revenue Forecast: 
     At a volume of 16,800 Transitional ownership Records per year, the expected revenue is
     $252,000 per year. Of this amount $201,600 would go to the State Highway Account,
     and $50,400 would go to county current expense funds. 
     Expected revenue on the estimated volume of transactions would be broken down as
                    FY2001      FY200 
                              SHA                      $100,800    $201,600 (and thereafter)
     County Exp Fund        $  25,200    $  50,400 (and thereafter)
                    Totals                      $121,600    $252,000 
     An estimated 425 hours of programming time is needed at an expected one-time cost of
     $27,625 (425 hours times $65 per hour). One FTE will be needed, plus program related
     operating (postage and accountable equipment) and capital (office equipment/computer
                    FY2001      FY2002 
                              Personnel: (IFTE)        $ 15,200    $ 30,400 (on-going) 
                    Operating:                  $      300    $     600  (on-going)
                    $  28,100   $   0        (one time) 
               Capital:               $    2,200   $   0        (one time)
                    Totals                       $ 45,800   $31,000 
     Name: Rep. Randy HANSEN
     Phone: 208/332-1000 
                                             STATEMENT OF PURPOSE/FISCAL NOTE                                    H 589