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S1369.....................................................by TRANSPORTATION
MOTOR VEHICLES - Amends existing law to provide that the seventy-two hour
time period for temporary permits, for the operation of a vehicle without
license plates, shall be calculated excluding weekend days and legal
holidays.
02/04 Senate intro - 1st rdg - to printing
02/07 Rpt prt - to Transp
02/11 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, 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, Stegner, Stennett,
Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Branch, Sorensen
Floor Sponsor - Frasure
Title apvd - to House
02/17 House intro - 1st rdg - to Transp
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 61-0-9
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gould, Hadley, Hammond, Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
Kunz, Lake, Linford, Loertscher, Mader, Marley, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Black, Clark, Crow, Gagner, Geddes, Hansen(23),
McKague, Pischner, Mr Speaker
Floor Sponsor - Hadley
Title apvd - to Senate
03/15 To enrol
03/16 Rpt enrol - Pres signed
03/17 Sp signed
03/20 To Governor
03/22 Governor signed
Session Law Chapter 55
Effective: 07/01/00
S1369
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1369
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-504, IDAHO CODE, TO PROVIDE
3 THAT THE SEVENTY-TWO HOUR TIME PERIOD FOR TEMPORARY PERMITS SHALL BE CAL-
4 CULATED EXCLUDING WEEKEND DAYS AND LEGAL HOLIDAYS OBSERVED BY THE STATE OF
5 IDAHO AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 49-504, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 49-504. APPLICATIONS TO DEPARTMENT FOR CERTIFICATES -- PROCEDURE -- IDEN-
10 TIFICATION NUMBERS. (1) Application for a certificate of title shall be made
11 upon a form furnished by the department and shall contain a full description
12 of the vehicle including the make, identification numbers, and the odometer
13 reading at the time of sale or transfer, and whether the vehicle is new or
14 used, together with a statement of the applicant's title and of any liens or
15 encumbrances upon the vehicle, and the name and address of the person to whom
16 the certificate of title shall be delivered, and any other information as the
17 department may require. The application shall be filed with the department,
18 and if a certificate of title has previously been issued for that vehicle in
19 this state, shall be accompanied by the certificate of title duly assigned,
20 unless otherwise provided for in this chapter. The department may promulgate
21 rules and regulations to provide for exceptions to the odometer requirement.
22 (2) If a certificate of title has not previously been issued for the
23 vehicle in this state, the application, unless otherwise provided for in this
24 chapter, shall be accompanied by a proper bill of sale or a duly certified
25 copy thereof, or by a certificate of title, bill of sale or other evidence of
26 ownership required by the law of any other state from which the vehicle was
27 brought into this state, and a vehicle identification number inspection com-
28 pleted by any city, county or state peace officer or other special agent
29 authorized by the department.
30 (3) In the case of a new vehicle being titled for the first time, no cer-
31 tificate of title or registration shall be issued unless the application is
32 indorsed by a franchised new vehicle dealer licensed to sell a new vehicle.
33 Each application shall be accompanied by a manufacturers' certificate of ori-
34 gin or manufacturers' statement of origin executed by the manufacturer and
35 delivered to his agent or his franchised vehicle dealer. The certificate or
36 statement of origin shall be in a form prescribed by the board and shall con-
37 tain the year of manufacture or the model year of the vehicle, the
38 manufacturer's vehicle identification number, the name of the manufacturer,
39 the number of cylinders, a general description of the body, if any, and the
40 type or model. Upon sale of a new vehicle, the manufacturer, his agent or
41 franchised dealer shall execute and deliver to the purchaser an assignment of
42 the certificate or statement, together with any lien or encumbrance to which
43 the vehicle is subject.
2
1 (4) The department shall retain the evidence of title presented by the
2 applicant and on which the certificate of title is issued. The department
3 shall maintain an identification numbers index of registered vehicles, and
4 upon receiving an application for a certificate of title, shall first check
5 the identification number shown in the application against the index. The
6 department, when satisfied that the applicant is the owner of the vehicle and
7 that the application is in proper form, shall issue in the name of the owner
8 of the vehicle a certificate of title bearing a title number, the date issued
9 and a description of the vehicle as determined by the department, together
10 with a statement of the owner's title and of all liens or encumbrances upon
11 the vehicle, and whether possession is held by the owner under a lease, con-
12 tract or conditional sale, or other like agreement.
13 (5) In all cases of transfer of vehicles the application for certificates
14 of title shall be filed within thirty (30) calendar days after the delivery of
15 the vehicles. Licensed dealers need not apply for certificate of title for
16 vehicles in stock or when they are acquired for stock purposes.
17 (6) In the case of the sale of a vehicle by a dealer to a general pur-
18 chaser or user, the certificate of title shall be obtained in the name of the
19 purchaser by the dealer upon application signed by the purchaser. If a lien is
20 to be recorded, the title documentation as required in this section shall be
21 submitted to the department by the dealer or the lienholder upon application
22 signed by the purchaser. A copy of this application shall be given to the pur-
23 chaser to be used as a seventy-two (72) hour temporary permit. In all other
24 cases the certificates shall be obtained by the purchaser and the seller's
25 bill of sale shall serve as a seventy-two (72) hour permit. The seventy-two
26 (72) hour time period for temporary permits shall be calculated excluding
27 weekend days and legal holidays observed by the state of Idaho. This temporary
28 permit allows operation of any noncommercial vehicle or unladened commercial
29 vehicle or vehicle combination without license plates for the period of time
30 specified in the permit. A ladened commercial vehicle or vehicle combination
31 may also operate without license plates for the period of time specified in
32 the temporary permit provided that the owner or operator has also obtained a
33 permit issued under the provisions of section 49-432, Idaho Code, and provided
34 user fees have been paid for the ladened weight and mileage.
35 (7) If the vehicle has no identification number, then the department
36 shall designate an identification number for that vehicle at the time of issu-
37 ance of the certificate of title. The identification number shall be perma-
38 nently affixed to or indented upon the frame of the vehicle and legibly main-
39 tained by the owner at all times while a certificate of title to the vehicle
40 shall be issued and outstanding.
41 SECTION 2. This act shall be in full force and effect on and after July
42 1, 2000.
STATEMENT OF PURPOSE
RS09469
This change provides a technical clarification to the temporary 72-hour permit,
which is displayed upon a vehicle when purchased, to exclude weekends and legal
holidays from this time period.
FISCAL NOTE
None.
CONTACT: Denise Brennan
Idaho Automobile Dealers Association
Phone: 853-4668
STATEMENT OF PURPOSE/FISCAL IMPACT S 1369