2000 Legislation
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HOUSE BILL NO. 715 – Operating fees/Comm’l vehicles

HOUSE BILL NO. 715

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H0715.....................................................by WAYS AND MEANS
OPERATING FEES - COMMERCIAL VEHICLES - Amenda existing law to increase use
fees for commercial and farm vehicles; and to delete a separate use fee
schedule for farm vehicles and certain commercial vehicles.
                                                                        
03/03    House intro - 1st rdg - to printing
03/06    Rpt prt - to Transp

Bill Text


 H0715
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 715
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO OPERATING FEES FOR COMMERCIAL, NONCOMMERCIAL  AND  FARM  VEHICLES;
  3        AMENDING  SECTION  49-434, IDAHO CODE, TO INCREASE USE FEES FOR COMMERCIAL
  4        AND FARM VEHICLES, TO DELETE A SEPARATE USE FEE SCHEDULE FOR FARM VEHICLES
  5        AND CERTAIN COMMERCIAL VEHICLES AND TO MAKE TECHNICAL CORRECTIONS;  AMEND-
  6        ING  SECTION 49-436, IDAHO CODE, TO PROVIDE CORRECT REFERENCES AND TO MAKE
  7        TECHNICAL CORRECTIONS; AMENDING SECTION 49-1004, IDAHO  CODE,  TO  PROVIDE
  8        CORRECT  REFERENCES  AND TO MAKE TECHNICAL CORRECTIONS; DECLARING AN EMER-
  9        GENCY AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 49-434, Idaho Code, be, and the  same  is  hereby
 12    amended to read as follows:
                                                                        
 13        49-434.  OPERATING  FEES.  (1) There shall be paid on all commercial vehi-
 14    cles, noncommercial vehicles, and on all farm vehicles having a maximum  gross
 15    weight not in excess of sixty thousand (60,000) pounds, an annual registration
 16    fee in accordance with the following schedule.
 17        Maximum Gross Weight                    Anuual Reigstration
 18              (Pounds)                          Annual Registration Fee
 19                                            Noncommercial and    Commercial
 20                                              Farm Vehicles       Vehicles
 21         8,001-16,000 inc. .....................$  31.08           $ 30.60
 22        16,001-26,000 inc. .....................   61.08            143.40
 23        26,001-30,000 inc. .....................   91.68            223.80
 24        30,001-40,000 inc. .....................  130.08            291.60
 25        40,001-50,000 inc. .....................  188.28            360.00
 26        50,001-60,000 inc. .....................  311.88            515.40
 27        (2)  There  shall be paid on all commercial vehicles, irrespective of body
 28    type, and on all farm vehicles having a maximum  gross  weight  in  excess  of
 29    sixty  thousand  (60,000)  pounds, an annual registration fee in the amount of
 30    one hundred twenty dollars ($120).
 31        (3)  In addition, the annual registration fee for trailers shall be:
 32        (a)  Trailer or semitrailer in a combination of vehicles ...........$15.00
 33        (b)  Rental utility trailer with a gross weight of  two  thousand  (2,000)
 34        pounds or less ......................................................$8.00
 35        (c)  Rental  utility trailer with a gross weight over two thousand (2,000)
 36        pounds .............................................................$15.00
 37        (4)  As an option to the trailer and semitrailer annual registration,  the
 38    department may provide extended registration.
 39        (a)  For  trailers  and  semitrailers,  the optional extended-registration
 40        period shall not extend beyond seven (7) years.
 41        (b)  The fee shall be fifteen dollars ($15.00) for each year.
 42        (c)  The license plate originally issued shall remain on  the  trailer  or
 43        semitrailer until the registration expires.
                                                                        
                                           2
                                                                        
  1        (d)  The registration document shall be the official record of the status
  2        of  the  extended  registration.  No pressure-sensitive validation sticker
  3        shall be required.
  4        (e)  For rental utility trailers, the optional registration  period  shall
  5        not extend beyond five (5) years. The fee shall be as specified in subsec-
  6        tion  (3)(b) or (c) of this section. A pressure-sensitive sticker shall be
  7        used to validate the license plate. The license plate shall become void if
  8        the owner's interest in the rental utility trailer changes during the five
  9        (5) year period. If the owner fails to enter the rental utility trailer on
 10        the annual renewal application during the five (5) year period, the regis-
 11        tration record shall be purged. Any unrenewed plate shall be  returned  to
 12        the department if it is not entered on the renewal application.
 13        (5)  A  fleet  registration option is available to owners who have twenty-
 14    five (25) or more commercial or farm vehicles or any combination thereof. Such
 15    owners may register all of their company vehicles with the department in  lieu
 16    of  registering with a county assessor. To qualify the fleet must be owned and
 17    operated under the unified control of one (1) person and the vehicles must  be
 18    physically garaged and maintained in two (2) or more counties. Fleet registra-
 19    tion shall not include fleets of rental vehicles. The department shall provide
 20    a registration application to the owner and the owner shall provide all infor-
 21    mation  that  the  department  determines  is  necessary. The department shall
 22    devise a special license plate numbering system for fleet-registered  vehicles
 23    as an alternative to county license plates. The fleet registration application
 24    and  all  subsequent  registration renewals shall include the physical address
 25    where a vehicle is principally used, garaged and maintained. The  fleet  owner
 26    shall report the physical address to the department upon initial registration,
 27    on  each  renewal,  and  at any time a vehicle registered under this option is
 28    permanently transferred to another location.
 29        (6)  If the ownership of a vehicle changes during the registration period,
 30    the original owner may transfer the plate to another  vehicle.  The  remaining
 31    fee  shall  be  credited  against the cost of the new registration. No refunds
 32    shall be given for any unexpired portion of the vehicle  registration  fee  if
 33    the  plate is not transferred by the owner to another vehicle. A license plate
 34    shall not be transferred to another owner when  the  ownership  of  a  vehicle
 35    changes.  The  owner  shall  obtain a replacement plate, validation sticker if
 36    required, and a registration document when  a  plate  is  lost,  destroyed  or
 37    becomes illegible.
 38        (7)  An  administrative  fee  of  four  dollars  ($4.00) shall be paid and
 39    deposited to the state highway account on all registrations completed  by  the
 40    department under this section.
 41        (8)  In  addition to the registration and license fees provided by subsec-
 42    tions (1) and (2) of this section, there shall be paid on all  commercial  and
 43    farm  vehicles  having  a  maximum  gross  weight  in excess of sixty thousand
 44    (60,000) pounds, a use fee based upon the registered maximum gross  weight  in
 45    accordance  with  the  following schedule. The use fees shall be calculated by
 46    multiplying the mills per mile, determined from the mills  per  mile  schedule
 47    table,  times  the reported mileage for the vehicle, subject to the provisions
 48    of this section.
 49                   Maximum Gross
 50                 Weight of Vehicle                   Mills per Mile
 51                     (Pounds)
 52                   60,001-62,000                          30.0536.06
 53                   62,001-64,000                          31.3537.62
 54                   64,001-66,000                          32.6039.12
 55                   66,001-68,000                          33.9040.68
                                                                        
                                           3
                                                                        
  1                   Maximum Gross
  2                 Weight of Vehicle                   Mills per Mile
  3                     (Pounds)
  4                   68,001-70,000                          35.1542.18
  5                   70,001-72,000                          36.4043.68
  6                   60,001-62,000                          30.05
  7                   72,001-74,000                          38.5546.26
  8                   74,001-76,000                          40.6548.78
  9                   76,001-78,000                          42.7551.30
 10                   78,001-80,000                          44.9053.88
 11                   80,001-82,000                          47.0056.40
 12                   82,001-84,000                          49.1058.92
 13                   84,001-86,000                          51.2061.44
 14                   86,001-88,000                          53.3063.96
 15                   88,001-90,000                          55.4066.48
 16                   90,001-92,000                          57.5069.00
 17                   92,001-94,000                          59.6071.52
 18                   94,001-96,000                          61.7074.04
 19                   96,001-98,000                          63.8076.56
 20                   98,001-100,000                         65.9079.08
 21                  100,001-102,000                         68.0081.60
 22                  102,001-104,000                         70.1084.12
 23                  104,001-106,000                         72.2086.64
 24    For each additional two thousand (2,000) pounds or fraction thereof in  excess
 25    of one hundred six thousand (106,000) pounds add 2.1 2.52 mills per mile.
 26        (9)  In  addition  to  the  registration and license fees of this section,
 27    there shall be paid on all farm vehicles, and any  commercial  vehicle  exclu-
 28    sively engaged in the transportation of logs, pulp wood, stull, poles, piling,
 29    rough  lumber,  ores,  ore  concentrates,  sand and gravel aggregates in bulk,
 30    livestock and vehicles used for the sole purpose of transporting milk from the
 31    farm to processing plant, having a maximum gross weight  in  excess  of  sixty
 32    thousand (60,000) pounds, a use fee in accordance with the following schedule.
 33    The use fees shall be calculated by multiplying the mills per mile, determined
 34    from  the  mills  per  mile schedule table, times the reported mileage for the
 35    vehicle, subject to the provisions of this section. 
 36                   Maximum Gross
 37                 Weight of Vehicle                   Mills per Mile
 38                     (Pounds)
 39                   60,001-62,000                          22.45
 40                   62,001-64,000                          22.45
 41                   64,001-66,000                          22.45
 42                   66,001-68,000                          22.45
 43                   68,001-70,000                          22.45
 44                   70,001-72,000                          22.45
 45                   72,001-74,000                          22.45
 46                   74,001-76,000                          22.45
 47                   76,001-78,000                          22.45
 48                   78,001-80,000                          22.45
 49                   80,001-82,000                          24.55
 50                   82,001-84,000                          26.65
 51                   84,001-86,000                          28.75
 52                   86,001-88,000                          30.85
 53                   60,001-62,000                          22.45
 54                   88,001-90,000                          32.95
 55                   90,001-92,000                          35.05
                                                                        
                                           4
                                                                        
  1                   Maximum Gross
  2                 Weight of Vehicle                   Mills per Mile
  3                     (Pounds)
  4                   92,001-94,000                          37.15
  5                   94,001-96,000                          39.25
  6                   96,001-98,000                          41.35
  7                   98,001-100,000                         43.45
  8                  100,001-102,000                         45.55
  9                  102,001-104,000                         47.65
 10                  104,001-106,000                         49.75
 11    For each additional two thousand (2,000) pounds or fraction thereof in  excess
 12    of one hundred six thousand (106,000) pounds add 2.1 mills per mile.
 13        (10) If  any  vehicle, or combinations of vehicles move on the highways of
 14    the state, and the vehicle or combination exceeds its registered maximum gross
 15    weight there shall be paid for that vehicle, the fees provided for  in  either
 16    subsection  (8)  or  (9)  of this section, as applicable, for the actual gross
 17    weight of the vehicle or combination of vehicles for the miles traveled at the
 18    heavier weight.
 19        (110) If any vehicle or combinations of vehicles haul nonreducible  loads,
 20    as  authorized  under the provisions of section 49-1004, Idaho Code, and weigh
 21    less than the starting weights per axle configuration listed in  column  1  of
 22    subsection  (2),  section  49-1004,  Idaho  Code, then and in that event there
 23    shall be paid for that vehicle, in addition to the other fees required in this
 24    section, an additional use fee of 2.1 mills per mile  for  each  two  thousand
 25    (2,000)  pounds  or  fraction thereof of the maximum gross weight in excess of
 26    those set forth in section 49-1001, Idaho Code.
 27        (121) Any owner operating vehicle combinations may apply to the department
 28    for authority to report multiple weights and pay use fees based upon the maxi-
 29    mum gross weight of each configuration in the combination being operated.  The
 30    owner  shall declare a maximum gross weight for each configuration being oper-
 31    ated but not more than three (3) maximum gross weights for a vehicle  combina-
 32    tion  may  be declared. Any owner who receives authority to report and pay use
 33    fees at multiple maximum gross weights shall register the motor vehicle  in  a
 34    combination  at the highest maximum gross weight of the vehicle. Any owner who
 35    reports vehicle combinations at multiple weights and fails to maintain records
 36    and furnish said records to the department upon request which show the config-
 37    uration of the combination of vehicles and the trailer and unit number for all
 38    miles and trip segments traveled shall have all miles assessed at the  highest
 39    maximum gross weight of the combination of vehicles.
 40        (132) An  applicant for registration of a commercial vehicle, a noncommer-
 41    cial vehicle or a farm vehicle shall set forth the maximum gross weight of the
 42    vehicle or combination of vehicles and the applicant shall pay any annual reg-
 43    istration fees and any  annual  license  fees  on  trailers  and  semitrailers
 44    required at the time he makes application for registration subject to the pro-
 45    visions  of  subsections (1), (2), (3) and (4) of this section. No part of the
 46    registration or license fees shall be subject to refund. The use  fee  payment
 47    required  shall be computed according to the schedule in either subsection (8)
 48    or (9) of this section on the mileage operated over the highways of the  state
 49    of  Idaho  and  the  owner of any vehicle against which a use fee is assessed,
 50    shall at the time of making his next quarterly report pay the use fee, if any,
 51    for the three (3) calendar months immediately prior. In determining the  mile-
 52    age  subject  to  the  use  fee, there shall be deducted the miles traveled on
 53    roadways maintained with private funds by agreement with the public agency  or
 54    agencies  having  jurisdiction  over  them.  In no event shall the total money
 55    credited to the owner for the mileage exceed the actual  cost  of  maintenance
                                                                        
                                           5
                                                                        
  1    expended by him.
  2        (143) Any  owner  who operates or intends to operate non-Idaho based vehi-
  3    cles in Idaho that are subject to the use fee required  under  the  provisions
  4    of  this  section shall apply for a use fee account before operating the vehi-
  5    cles in Idaho. In lieu of establishing a use fee account the  owner  may  pur-
  6    chase  a  trip  permit under the provisions of section 49-432 or 49-433, Idaho
  7    Code, as applicable. The department shall develop rules to administer the  use
  8    fee  account.  Any  owner who has not established a use fee account or has not
  9    purchased a trip permit prior to operating in Idaho shall  have  committed  an
 10    infraction.
                                                                        
 11        SECTION  2.  That  Section  49-436, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        49-436.  QUARTERLY REPORTS -- MAINTAINING RECORDS -- PENALTIES --  DEPOSIT
 14    OR  BOND  TO SECURE PAYMENT OF FEES -- APPEAL. (1) Not later than the last day
 15    of April, and on the last day of each third calendar  month  thereafter,  each
 16    owner  of  a commercial or farm vehicle having a maximum combined gross weight
 17    in excess of sixty thousand (60,000) pounds, shall file with the department  a
 18    statement  of  the  gross miles each vehicle has traveled over the highways of
 19    the state of Idaho for the preceding calendar months of  the  year  for  which
 20    that  report  is  made.  Each report shall be cumulative of all miles traveled
 21    during all calendar months in that year for which the report is made.
 22        (2)  Every owner whose fees are computed as specified in  section  49-434,
 23    Idaho  Code,  shall  maintain records and permit the department to inspect the
 24    records upon request to substantiate the following:
 25        (a)  The actual miles traveled over Idaho highways.
 26        (b)  Identification of the commodities hauled if  using  the  schedule  in
 27        section 49-434(9), Idaho Code.
 28        (c)  Reporting at multiple weights pursuant to section 49-434, Idaho Code.
 29        (dc)  If  an  owner  registers  a  vehicle or combination of vehicles at a
 30        weight in excess of sixty thousand (60,000) pounds and the registered max-
 31        imum gross weight is less than the weight allowable under  the  provisions
 32        of  section  49-1001, Idaho Code, for that vehicle or combination of vehi-
 33        cles, then the owner must maintain and provide to the department on demand
 34        records of the vehicle or combination of vehicles actual gross weight  and
 35        the  configuration  of the combination of vehicles for all miles traveled.
 36        If the owner fails to maintain and produce such records then all miles for
 37        the vehicle or combination of vehicles will be  assessed  at  the  highest
 38        weight the vehicle or combination of vehicles could legally operate pursu-
 39        ant  to  section  49-1001,  Idaho Code. If an owner registers a vehicle or
 40        combination of vehicles at a weight in excess of sixty  thousand  (60,000)
 41        pounds  and the registered maximum gross weight is equal to or exceeds the
 42        weight allowable under the provisions of section 49-1001, Idaho Code,  for
 43        that  vehicle or combination of vehicles then the owner is not required to
 44        maintain actual gross weight records of  the  vehicle  or  combination  of
 45        vehicles.  Owners  may  voluntarily  report quarterly the weight hauled in
 46        excess of registered maximum gross weight and may pay use  fees  for  such
 47        voluntarily reported weight without penalty.
 48        (ed)  Overweight  travel  authorization  fees  as  set  forth  in  section
 49        49-1001, Idaho Code, shall be remitted quarterly.
 50        (3)  When  the records are maintained outside this state by owners engaged
 51    in transportation in this state, the owner shall reimburse the department for
 52    reasonable expenses incurred by the  department  in  making  audits  of  those
 53    records and accounts at the out-of-state location. The owner or the department
                                                                        
                                           6
                                                                        
  1    may  request  that the records be presented at a place within the state desig-
  2    nated by the department. The records must be presented by a representative  of
  3    the owner familiar with the records and who is responsible for the safekeeping
  4    of the records. Every owner is required to maintain records for four (4) years
  5    from  the due date of the quarterly report unless the department and the owner
  6    agree in writing to shorten or lengthen the time period. The  amount  of  fees
  7    imposed  in this chapter shall be assessed within four (4) years after the due
  8    date of the quarterly report unless the department and owner agree in  writing
  9    to lengthen the time period.  If an assessment has been made, such fees may be
 10    collected  by  a  proceeding in court within a period of three (3) years after
 11    the assessment or a final order entered pursuant to subsection  (10)  of  this
 12    section.
 13        (4)  Owners  of  commercial  and  farm vehicles using the registration fee
 14    schedules in section 49-434(1), Idaho Code, are subject to audit to  determine
 15    if  the proper schedule is being used. If the weight classification being used
 16    is found to be understated, the difference between the registration fees  paid
 17    and the registration fees due will become due and payable. If the vehicles are
 18    found  to  be  operating  in  excess  of  sixty thousand (60,000) pounds gross
 19    weight, the difference  between  the  registration  fees  paid  under  section
 20    49-434(1),  Idaho  Code, and the amount that would have been due under the use
 21    fee schedule in section 49-434(8), or (9), Idaho Code, will be determined  and
 22    the balance due, if any, will be collected. If an owner registers a vehicle or
 23    combination  of  vehicles at a weight less than the weight allowable under the
 24    provisions of section 49-1001, Idaho Code, for that vehicle or combination  of
 25    vehicles then the owner must maintain vehicle gross weight records in addition
 26    to  the  mileage records and allow the department to inspect the vehicle gross
 27    weight and mileage records.
 28        (5)  Owners using the use fee schedules in  section  49-434(8),  and  (9),
 29    Idaho  Code,  are subject to audit to determine if the proper use fee schedule
 30    and weight classification is being used and if all  miles  traveled  on  Idaho
 31    highways have been reported. If the operating weight, as determined from cita-
 32    tions  issued  for  exceeding  weight limitations specified in title 49, Idaho
 33    Code, exceeds the registered maximum gross weight, the additional use fees for
 34    the miles traveled at the heavier weight, if not already  paid,  shall  become
 35    due and payable.
 36        (6)  An  owner who fails to maintain records as required by the provisions
 37    of this section may have the registration of  all  vehicles  registered  under
 38    sections  49-434 and 49-435, Idaho Code, suspended until such time as adequate
 39    records as required by the provisions of this section  are  provided.  In  the
 40    event  that  the  owner  does  not produce records, the department may make an
 41    assessment of fees due based on an estimate of the operation.  The  department
 42    shall promulgate rules specifying the methodology used to determine an assess-
 43    ment based on an estimate of the operation. There shall be added to every such
 44    estimated  assessment  a  penalty  of  two  percent (2%) per month or fraction
 45    thereof after the report was required to be filed or the fee became due up  to
 46    a  maximum penalty of thirty-six percent (36%) of the fee due. Upon payment of
 47    the estimated assessment and all other fees due and owing including the  rein-
 48    statement fee the owner's registration shall be reinstated.
 49        (7)  An  owner  who fails to file any reports or pay any fees or penalties
 50    due is subject to suspension of their vehicle registrations. An order suspend-
 51    ing the vehicle registrations shall be mailed to the owner upon  discovery  of
 52    the  deficiency  by  the  department.  The  suspension  shall be lifted if the
 53    reports are filed and the payments due are made, along  with  a  reinstatement
 54    fee  of  forty  dollars  ($40.00)  per  carrier within fifteen (15) days after
 55    receipt of the suspension order. The reinstatement fees shall be deposited  to
                                                                        
                                           7
                                                                        
  1    the  state  highway account. The owner shall have the right to appeal the sus-
  2    pension by petitioning the department for a hearing    within  ten  (10)  days
  3    after  receipt  of  the  suspension  order. If the suspension is set aside the
  4    reinstatement fee shall not be due.
  5        (8)  An owner failing to file a mileage report or pay any fee  due  within
  6    the  time  required  as  specified  in  this section, shall in addition to the
  7    amount of the fee pay a penalty of ten percent (10%)  of  the  amount  of  fee
  8    determined  to  be due, plus the interest of one percent (1%) of the amount of
  9    the use fees due for each month or  fraction  thereof  after  the  report  was
 10    required  to  be filed or the fee became due, but the department may remit all
 11    or any part of the penalty and interest if satisfied that the delay was excus-
 12    able. The department shall promulgate rules specifying when the penalty may be
 13    held in abeyance or forgiven.
 14        (9) (a)  If the department finds it necessary in order to ensure the  col-
 15        lection of any fees or penalties imposed upon an owner, it may at the time
 16        and  as a condition of granting a registration or to reinstate a registra-
 17        tion require an owner to deposit and keep on deposit with the department a
 18        sum equal to the estimated fees computed under  the  schedule  in  section
 19        49-434,  Idaho  Code,  for  a period of not to exceed three (3) months. In
 20        determining the necessity for an applicant or owner to maintain a  deposit
 21        the  department shall consider the applicant or owner's financial capabil-
 22        ity and responsibility and prior experience, if any, in collecting fees or
 23        penalties from the applicant, owner or any  person  having  a  substantial
 24        interest  or  control,  directly  or indirectly, in or over the operations
 25        conducted or to be conducted under the registration.
 26        (b)  The department may accept in lieu of a deposit a bond to secure  pay-
 27        ment of sums payable by the owner. The total amount of the deposit or bond
 28        shall be determined by the department in a manner as it shall deem proper,
 29        taking  into  account  the nature and scope of the owner's operations. The
 30        amount may be increased or reduced at any time.
 31        (c)  If an owner ceases to be registered  under  the  provisions  of  this
 32        chapter, the department, upon receipt of all payments due, shall refund to
 33        the  owner  all deposits remaining to the owner's credit and shall release
 34        the surety on any bond given under this section.
 35        (d)  Any applicant or owner required to make a deposit to secure the  pay-
 36        ment  of  fees or penalties may by proper petition demand a hearing on the
 37        necessity of the deposit or the reasonableness of the amount  required.  A
 38        hearing  shall  be granted and held within ten (10) days after the demand.
 39        The decision of the director shall become final ten (10) days  after  ser-
 40        vice  of  the order upon the applicant or owner concerned. Notice shall be
 41        served personally or by certified mail addressed to the applicant or owner
 42        at his address as it appears in the records of the department.  An  appeal
 43        may  be  taken from any decision of the department as from the decision of
 44        the magistrate's division to the district court.
 45        (10) An owner wishing to contest an assessment made by the department  may
 46    within thirty (30) days from receipt of the assessment file an appeal with the
 47    department. Upon receipt of an appeal the director or his authorized represen-
 48    tative shall schedule an informal conference between the owner and a represen-
 49    tative  of  the  department.  The informal conference must be conducted within
 50    twenty (20) days from the date of receipt of notice of intent to  appeal  from
 51    the owner. The owner and the representative of the department shall reduce all
 52    conclusions, agreements and decisions to writing, if an informal conference is
 53    held, but attendance at and participation in the informal conference is at the
 54    option  of the owner. If an informal conference is held, the written report of
 55    the results of that conference shall be provided to the  director  within  ten
                                                                        
                                           8
                                                                        
  1    (10)  days. If the results of the informal conference are not satisfactory  to
  2    the owner, he may continue with the appeal by informing the director in  writ-
  3    ing, and the director or his authorized representative shall appoint a hearing
  4    officer  to  conduct  a  contested case hearing in accordance with chapter 52,
  5    title 67, Idaho Code. The hearing officer may subpoena witnesses and  evidence
  6    and  administer  oaths.  The hearing officer shall prepare written findings of
  7    fact and conclusions of law for the director or his authorized representative.
  8    Upon receipt of findings of fact and conclusions of law the  director  or  his
  9    authorized  representative  shall  issue a final order affirming, modifying or
 10    reversing the original assessment. All final orders rendered by  the  director
 11    or  his authorized representative shall be appealable in accordance with chap-
 12    ter 52, title 67, Idaho Code.
                                                                        
 13        SECTION 3.  That Section 49-1004, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        49-1004.  PERMITS  FOR  OVERWEIGHT OR OVERSIZE LOADS. (1) Upon application
 16    in writing to the board or other proper authorities in charge  of,  or  having
 17    jurisdiction  over a highway, the board or authorities may in their discretion
 18    issue a special permit to the owner or operator of any vehicle allowing  vehi-
 19    cles  or  loads  having  a  greater weight or size than permitted by law to be
 20    moved or carried over and on the highways and bridges.
 21        (a)  Special permits shall be in writing and may limit the time of use and
 22        operation over the particular highways and bridges which may be  traversed
 23        and  may  contain  any  special  conditions and require any undertaking or
 24        other security as the board or other proper authority  shall  deem  to  be
 25        necessary  to  protect  the  highways  and bridges from injury, or provide
 26        indemnity for any injury to highways and bridges or to persons or property
 27        resulting from such operation.
 28        (b)  The owner or operator of an  overweight  or  oversize  vehicle  shall
 29        obtain  a  permit,  or  shall  establish  intent  to  obtain  a  permit by
 30        contacting a permit office and receiving a permit number before moving the
 31        vehicle on the highways.
 32        (c)  All special permits or evidence of intent to obtain a  permit,  shall
 33        be  carried  in  the vehicles to which they refer and shall upon demand be
 34        delivered for inspection to any peace officer,  authorized  agent  of  the
 35        board  or  any  officer or employee charged with the care or protection of
 36        the highways.
 37        (2)  Nonreducible   vehicles   or   combinations   of   vehicles   hauling
 38    nonreducible  loads at weights  in  excess  of  those  set  forth  in  section
 39    49-1001,  Idaho Code, shall pay fees as set forth in this subsection (2). Such
 40    fees are based on the number of axles on the vehicle or combination  of  vehi-
 41    cles and the total gross weight.
 42                              Column 1                      Column 2
 43    Number of axles    Gross weight of vehicle       Gross weight of vehicle
 44                         and load in pounds            and load in pounds
 45           2                    40,001                          -
 46           3                    54,001                          -
 47           4                    68,001                          -
 48           5                    80,001                       131,001
 49           6                    97,001                       148,001
 50           7                   114,001                       165,001
 51        (a)  To  determine the maximum allowable permit fee for vehicles with more
 52        than seven (7) axles, the table can be extended by adding seventeen  thou-
 53        sand (17,000) pounds to the last listed weight in both columns 1 and 2 for
                                                                        
                                           9
                                                                        
  1        each added axle.
  2        (b)  Permit  fees for column 1 shall start at four cents (4) per mile and
  3        increase four cents (4) per mile for each additional two thousand (2,000)
  4        pound increment up to the weight indicated in column 2.  Permit  fees  for
  5        column  2  shall  start  at  one dollar and two cents ($1.02) per mile and
  6        increase seven cents (7)  per  mile  for  each  additional  two  thousand
  7        (2,000) pound increment.
  8        (c)  Vehicles operating at weights less than the starting weights per axle
  9        configuration  listed  in column 1 shall be charged fees as stated in sec-
 10        tion 49-434(98), Idaho Code.
 11        (d)  For vehicles operating with axles wider than eight (8) feet  six  (6)
 12        inches  or  axles  with  more than four (4) tires per axle, the fee may be
 13        reduced by the board or other proper authority having jurisdiction over  a
 14        highway.
 15        (e)  From  July  1,  1998, through June 30, 1999, the fee charged per mile
 16        pursuant to this subsection shall be assessed at one-half (1/2) the calcu-
 17        lated fee. On and after July 1, 1999, the fee charged per  mile  shall  be
 18        calculated and assessed in accordance with this subsection.
 19        (3)  It shall be unlawful for any person to violate, or to cause or permit
 20    to  be  violated,  the  limitations  or conditions of special permits and  any
 21    violation shall be deemed for all purposes to be a violation of the provisions
 22    of this chapter.
 23        (24)  A special pilot project route permit  authorizing  travel  on  pilot
 24    project routes may be issued by the board or a local public highway agency for
 25    operation  of  vehicles with a legal maximum gross weight of at least one hun-
 26    dred five thousand five hundred one (105,501) pounds  but  not  exceeding  one
 27    hundred  twenty-nine  thousand  (129,000) pounds. Such pilot project routes on
 28    nonstate and noninterstate highways shall be determined by the  local  highway
 29    agency  for  those roads under its jurisdiction, based on criteria established
 30    by the board. No local public highway agency shall  approve  a  pilot  project
 31    route  which  provides  a thoroughfare for interstate carriers to pass through
 32    the state. State pilot project routes designated by the board based on  crite-
 33    ria  established  by  the  board  and identified on a map entitled "Designated
 34    Pilot Project Routes" are:
 35        (a)  Ashton to Kimberly to Twin Falls to Nevada using US-20, US-30, SH-33,
 36        US-93, SH-25, SH-50 and SH-74.
 37        (b)  Interstate 15 to Wyoming or Utah border using US-30, SH-34 and US-91.
 38    Additions or deletions to the approved state pilot project routes specified in
 39    paragraphs (a) and (b) of this subsection (24) shall be  made  only  with  the
 40    approval of the state legislature.
 41        (35)  An  annual  administrative permit fee for operating on pilot project
 42    routes at the weights specified in subsection (24) of this  section  shall  be
 43    set  by  the  board  for travel on state pilot project routes and by the local
 44    public highway agency for travel on routes under its jurisdiction, but not  to
 45    exceed  a  maximum  of  fifty  dollars ($50.00) per vehicle. The annual permit
 46    shall cover administrative costs. Local public highway agencies are authorized
 47    to request the department to issue permits on their behalf.  Permit  fees  for
 48    permits  issued by the department shall be retained by the department to cover
 49    administrative costs. In addition to the annual administrative permit fee  and
 50    the  weight-distance fee for weights up to one hundred five thousand five hun-
 51    dred (105,500) pounds, the appropriate weight-distance fee  for  weights  over
 52    one  hundred  five  thousand five hundred (105,500) pounds shall be calculated
 53    and collected in accordance with  the  fee  schedules  set  forth  in  section
 54    49-434, Idaho Code.
                                                                        
                                           10
                                                                        
  1        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
  2    declared to exist, this act shall be in full force and  effect  on  and  after
  3    April 1, 2000.

Statement of Purpose / Fiscal Impact


     
                           
                STATEMENT OF PURPOSE 
                      RS 10237 
     
     This legislation adjusts the weight distance formula for truck registration. 
     
     
     
     
     
     
     
                    FISCAL IMPACT 
     
     This legislation would increase revenue approximately 20% for purposes of
     funding possible refund obligations. 
     
     
     
     Contact 
     Name: Rep. Roger Chase
     Phone: 208-332-1000 
     
     
     
     
     
                                                                           STATEMENT OF PURPOSE/FISCAL NOTE                                      H 715