2001 Legislation
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HOUSE BILL NO. 214 – MV, commercial, registration, pymts

HOUSE BILL NO. 214

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Daily Data Tracking History



H0214.........................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - COMMERCIAL - Amends existing law to provide that motor
vehicles weighing in excess of sixty thousand pounds may pay the annual
registration  in quarterly payments.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Transp
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 67-0-3
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney,
      Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould,
      Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
      Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley,
      McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Roberts, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bruneel, Callister, Ridinger
    Floor Sponsor -- Wood
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Transp
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor -- Keough
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - to Governor
03/26    Governor signed
         Session Law Chapter 185
         Effective: 10/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 214
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO REGISTRATION OF MOTOR VEHICLES WEIGHING IN EXCESS OF  SIXTY  THOU-
  3        SAND  POUNDS GROSS VEHICLE WEIGHT; AMENDING SECTION 49-434, IDAHO CODE, TO
  4        PROVIDE FOR QUARTERLY PAYMENTS OF THE ANNUAL  REGISTRATION  FEE;  AMENDING
  5        SECTION  17,  CHAPTER  418, LAWS OF 2000, TO DELETE LEGISLATIVE INTENT FOR
  6        FULL PAYMENT OF THE ANNUAL REGISTRATION FEE ON THE REGISTRATION  FEE  ONLY
  7        SYSTEM  AT  THE TIME OF REGISTRATION OR RENEWAL OF REGISTRATION FOR REGIS-
  8        TRATIONS AND RENEWAL OF REGISTRATIONS OCCURRING ON AND  AFTER  OCTOBER  1,
  9        2001; 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                    Annual Registration Fee
 18              (Pounds)                      Noncommercial and    Commercial
 19                                              Farm Vehicles       Vehicles
 20         8,001-16,000 inc. .....................$  48.00           $ 48.00
 21        16,001-26,000 inc. .....................   61.08            143.40
 22        26,001-30,000 inc. .....................   91.68            223.80
 23        30,001-40,000 inc. .....................  130.08            291.60
 24        40,001-50,000 inc. .....................  188.28            360.00
 25        50,001-60,000 inc. .....................  311.88            515.40
 26        (2)  There shall be paid on all commercial vehicles, irrespective of  body
 27    type,  and  on  all  farm  vehicles having a maximum gross weight in excess of
 28    sixty thousand (60,000) pounds, an annual registration fee in the amount  pre-
 29    scribed by subsection (8) of this section, as applicable.
 30        (3)  In addition, the annual registration fee for trailers shall be:
 31        (a)  Trailer or semitrailer in a combination of vehicles ...........$15.00
 32        (b)  Rental  utility  trailer  with a gross weight of two thousand (2,000)
 33        pounds or less ......................................................$8.00
 34        (c)  Rental utility trailer with a gross weight over two thousand  (2,000)
 35        pounds .............................................................$15.00
 36        (4)  As  an option to the trailer and semitrailer annual registration, the
 37    department may provide extended registration.
 38        (a)  For trailers and  semitrailers,  the  optional  extended-registration
 39        period shall not extend beyond seven (7) years.
 40        (b)  The fee shall be fifteen dollars ($15.00) for each year.
 41        (c)  The  license  plate  originally issued shall remain on the trailer or
 42        semitrailer until the registration expires.
 43        (d)  The registration document shall be the official record of the  status
                                                                        
                                           2
                                                                        
  1        of  the  extended  registration.  No pressure-sensitive validation sticker
  2        shall be required.
  3        (e)  For rental utility trailers, the optional registration  period  shall
  4        not extend beyond five (5) years. The fee shall be as specified in subsec-
  5        tion  (3)(b) or (c) of this section. A pressure-sensitive sticker shall be
  6        used to validate the license plate. The license plate shall become void if
  7        the owner's interest in the rental utility trailer changes during the five
  8        (5) year period. If the owner fails to enter the rental utility trailer on
  9        the annual renewal application during the five (5) year period, the regis-
 10        tration record shall be purged. Any unrenewed plate shall be  returned  to
 11        the department if it is not entered on the renewal application.
 12        (5)  A  fleet  registration option is available to owners who have twenty-
 13    five (25) or more commercial or farm vehicles or any combination thereof. Such
 14    owners may register all of their company vehicles with the department in  lieu
 15    of  registering with a county assessor. To qualify the fleet must be owned and
 16    operated under the unified control of one (1) person and the vehicles must  be
 17    physically garaged and maintained in two (2) or more counties. Fleet registra-
 18    tion shall not include fleets of rental vehicles. The department shall provide
 19    a registration application to the owner and the owner shall provide all infor-
 20    mation  that  the  department  determines  is  necessary. The department shall
 21    devise a special license plate numbering system for fleet-registered  vehicles
 22    as an alternative to county license plates. The fleet registration application
 23    and  all  subsequent  registration renewals shall include the physical address
 24    where a vehicle is principally used, garaged and maintained. The  fleet  owner
 25    shall report the physical address to the department upon initial registration,
 26    on  each  renewal,  and  at any time a vehicle registered under this option is
 27    permanently transferred to another location.
 28        (6)  If the ownership of a vehicle changes during the registration period,
 29    the original owner may transfer the plate to another  vehicle.  The  remaining
 30    fee shall be credited against the cost of the new registration. Refunds may be
 31    given  for  any unexpired portion of the vehicle registration fee if the plate
 32    is not transferred by the owner to another vehicle.  Any  request  for  refund
 33    shall include surrender of the license plate, validation sticker and registra-
 34    tion document. Owners of vehicles registered under the international registra-
 35    tion  plan  may request a refund of the unexpired portion of the Idaho vehicle
 36    registration fee by presenting evidence from the base  jurisdiction  that  the
 37    license  plate, validation sticker and registration document have been surren-
 38    dered. A license plate shall not be transferred to another owner when the own-
 39    ership of a vehicle changes. The owner shall obtain a replacement plate, vali-
 40    dation sticker if required, and a registration document when a plate is  lost,
 41    destroyed or becomes illegible.
 42        (7)  An  administrative  fee  of  four  dollars  ($4.00) shall be paid and
 43    deposited to the state highway account on all registrations completed  by  the
 44    department under subsection (1) or (8)(a) of this section. Vehicles registered
 45    under  subsection (8)(b) of this section shall pay the fee provided in section
 46    49-435(2), Idaho Code.
 47        (8)  There shall be paid on all commercial and farm vehicles having a max-
 48    imum gross weight in excess of sixty thousand (60,000) pounds, a  registration
 49    fee  based upon the maximum gross weight of a vehicle as declared by the owner
 50    and the total number of miles driven on  roads  and  highways  in  the  state,
 51    county,  city  and  highway district systems in Idaho, and if registered under
 52    the international registration plan (IRP), in  all  other  jurisdictions.  The
 53    appropriate registration fee shall be determined as follows:
 54        (a)  If  the owner registers vehicles under the international registration
 55        plan (IRP), the appropriate mileage column  shall  be  determined  by  the
                                                                        
                                           3
                                                                        
  1        total miles an owner operated a fleet of vehicles on roads and highways in
  2        the  state,  county, city and highway district systems in Idaho and in all
  3        other jurisdictions in the preceding year, as defined in  section  49-117,
  4        Idaho  Code,  and  by  the  maximum  gross weight of each vehicle within a
  5        fleet.
  6        (b)  If the owner registers vehicles under the international  registration
  7        plan and determines that the average international registration plan fleet
  8        miles,  calculated  by dividing the total IRP fleet miles in all jurisdic-
  9        tions by the number of registered vehicles, is less  than  fifty  thousand
 10        one  (50,001) miles, the owner may apply to the department for refund of a
 11        portion of the registration fees paid, consistent with the  fee  schedules
 12        set forth in this section. The department shall provide an application for
 13        the  refund.  An  owner  making  application for refund under this section
 14        shall be subject to auditing as provided in section 49-439, Idaho Code.
 15        (c)  If the owner is not registering vehicles under the international reg-
 16        istration plan, the appropriate mileage column shall be determined by  the
 17        total  miles  the  owner operated each of the vehicles to be registered on
 18        roads and highways in the state, county, city and highway district systems
 19        in Idaho in the preceding year and by the maximum  gross  weight  of  each
 20        vehicle.
 21          Maximum Gross
 22        Weight of Vehicle                      Total Miles Driven
 23            (Pounds)
 24                                      1-7,500   7,501-50,000  Over 50,000
 25          60,001-62,000                $210        $  840       $1,400
 26          62,001-64,000                 240           960        1,600
 27          64,001-66,000                 270         1,080        1,800
 28          66,001-68,000                 300         1,200        2,000
 29          68,001-70,000                 330         1,320        2,200
 30          70,001-72,000                 360         1,440        2,400
 31          72,001-74,000                 390         1,560        2,600
 32          74,001-76,000                 420         1,680        2,800
 33          76,001-78,000                 450         1,800        3,000
 34          78,001-80,000                 480         1,920        3,200
 35          80,001-82,000                 495         1,980        3,300
 36          82,001-84,000                 510         2,040        3,400
 37          84,001-86,000                 525         2,100        3,500
 38          86,001-88,000                 540         2,160        3,600
 39          88,001-90,000                 555         2,220        3,700
 40          90,001-92,000                 570         2,280        3,800
 41          92,001-94,000                 585         2,340        3,900
 42          94,001-96,000                 600         2,400        4,000
 43          96,001-98,000                 615         2,460        4,100
 44         98,001-100,000                 630         2,520        4,200
 45        100,001-102,000                 645         2,580        4,300
 46        102,001-104,000                 660         2,640        4,400
 47        104,001-106,000                 675         2,700        4,500
 48        106,001-108,000                 690         2,760        4,600
 49        108,001-110,000                 705         2,820        4,700
 50        110,001-112,000                 720         2,880        4,800
 51        112,001-114,000                 735         2,940        4,900
 52        114,001-116,000                 750         3,000        5,000
 53        116,001-118,000                 765         3,060        5,100
 54        118,001-120,000                 780         3,120        5,200
 55        120,001-122,000                 795         3,180        5,300
                                                                        
                                           4
                                                                        
  1          Maximum Gross
  2        Weight of Vehicle                      Total Miles Driven
  3            (Pounds)
  4        122,001-124,000                 810         3,240        5,400
  5        124,001-126,000                 825         3,300        5,500
  6        126,001-128,000                 840         3,360        5,600
  7        128,001-129,000                 855         3,420        5,700
  8        (d)  Any  commercial  or farm vehicle registered for more than sixty thou-
  9        sand (60,000) pounds up to  one  hundred  six  thousand  (106,000)  pounds
 10        traveling  fewer  than two thousand five hundred (2,500) miles annually on
 11        roads and highways in the state, county, city and highway district systems
 12        in Idaho shall pay an annual registration fee of  two  hundred  fifty-five
 13        dollars ($255). The provisions of section 49-437(2), Idaho Code, shall not
 14        apply to vehicles registered under this subsection (8)(d).
 15        (9) (a)  During  the first registration year that the fee schedule in sub-
 16        section (8)(c) of this section is in use, an owner shall use  the  mileage
 17        data  from  the  records used to report the mileage use fee in the immedi-
 18        ately preceding year as the basis for determining the  appropriate  regis-
 19        tration fee schedule.
 20        (b)  Any  owner  who  registers a motor vehicle for the first time and who
 21        has no mileage history for the vehicle shall estimate the miles to  deter-
 22        mine  the  appropriate  fee schedule in subsection (8)(c) of this section.
 23        When estimating the miles, the owner shall  provide  a  statement  on  the
 24        application of the method used to arrive at the estimated miles.
 25        (c)  Any  owner using any fee schedule other than the highest fee schedule
 26        under subsection (8)(c) of this section, shall certify at the time of reg-
 27        istration that the miles operated in the preceding year do not exceed  the
 28        schedule  applied  for.  Any  owner  using a fee schedule under subsection
 29        (8)(c) of this section that is less than the highest schedule shall  main-
 30        tain  records  to substantiate the use of the schedule as required by sec-
 31        tion 49-439, Idaho Code.
 32        (10) An owner registering under subsection (8)(a) or (8)(c) of  this  sec-
 33    tion  may  elect to pay the full annual registration fee at the time of regis-
 34    tration or renewal of registration, or an owner may pay at  least  one-quarter
 35    (1/4)  of  the  annual registration fee due. The remainder of the annual Idaho
 36    registration fee shall be paid in three (3) equal  installments  on  dates  as
 37    billed by the department.
 38        (11) An  owner  registering  or  renewing  a registration under subsection
 39    (8)(a) of this section electing to use installment  payments  as  provided  in
 40    subsection  (10)  of  this section, shall pay all of the fees due to other IRP
 41    jurisdictions in addition to one quarter (1/4) of the Idaho  fee  due  at  the
 42    time of registration or reregistration. The remainder of the annual Idaho reg-
 43    istration fee shall be paid in three (3) equal installments on dates as billed
 44    by the department.
 45        (12) If  any  vehicle or combinations of vehicles haul nonreducible loads,
 46    as authorized under the provisions of section 49-1004, Idaho Code,  and  weigh
 47    less  than  the  starting weights per axle configuration listed in column 1 of
 48    subsection (2), section 49-1004, Idaho Code, then  and  in  that  event  there
 49    shall be paid for that vehicle, in addition to the other fees required in this
 50    section,  an  additional  use  fee of 2.1 mills per mile for each two thousand
 51    (2,000) pounds or fraction thereof of the maximum gross weight  in  excess  of
 52    those set forth in section 49-1001, Idaho Code.
                                                                        
 53        SECTION  2.  That  Section 17, Chapter 418, Laws of 2000, be, and the same
 54    is hereby amended to read as follows:
                                                                        
                                           5
                                                                        
  1        SECTION 17.  LEGISLATIVE INTENT. It is legislative intent that, contingent
  2    upon certification by the Secretary of State that he has received notice  from
  3    the  appropriate  court  of  the  Fourth  Judicial District that the court has
  4    granted final approval of a settlement pursuant to Case No.  CV  OC  9700724D,
  5    American Trucking Association, et al. v. State of Idaho, et al., the following
  6    provisions  setting  forth the process for transitioning from a combination of
  7    registration fees and weight-distance use fees to  a  system  of  registration
  8    fees  only,  shall  take effect as provided herein. These following provisions
  9    are both integral and necessary for the administration and  implementation  of
 10    the  new registration system. It is legislative intent that the following pro-
 11    visions for vehicle registrations shall be in effect, subject to  the  contin-
 12    gencies  stated  above, from October 1, 2000, through September 30, 2001. Sub-
 13    section (5) shall continue to be in effect until the expiration of the  appli-
 14    cable limitations period under that subsection.
 15        (1)  With  regard  to  registrations for vehicles exceeding sixty thousand
 16    pounds gross vehicle weight which expire  on  December  31,  2000,  the  Idaho
 17    Transportation  Department  may accept payment for registration fees that will
 18    become effective on January 1, 2001, beginning October 1, 2000, and the owners
 19    of those vehicles shall cease to accrue new  liability  for  repealed  weight-
 20    distance  use  fees on January 1, 2001, and shall be liable for the new regis-
 21    tration fees on January 1, 2001. An owner shall pay at  least  one-quarter  of
 22    the  annual Idaho registration fee due. The remainder of the annual Idaho reg-
 23    istration fee shall be paid in three equal installments on dates as billed  by
 24    the department.
 25        (2)  With regard to registration under the International Registration Plan
 26    for  foreign-based  vehicles  exceeding  sixty  thousand  pounds gross vehicle
 27    weight which expire in any month beginning October 1, 2000, through  September
 28    30, 2001, the owners of those vehicles shall cease to accrue new liability for
 29    the  repealed  weight-distance use fees and shall be liable for the new regis-
 30    tration fees on the first day of the month during which their registration  is
 31    due.  Owners of vehicles whose registration has not yet expired during a given
 32    calendar quarter shall continue  to  accrue,  report  and  remit  the  weight-
 33    distance  use fees until the quarter in which their registration expires under
 34    the repealed weight-distance statutes.
 35        (3)  With regard to registration under the International Registration Plan
 36    for Idaho-based vehicles exceeding sixty thousand pounds gross vehicle  weight
 37    which  expire  in  any  month beginning October 1, 2000, through September 30,
 38    2001, the owners of those vehicles shall have the option  of  converting  from
 39    the  weight-distance use fee system to the registration fee only system at the
 40    time their registration is scheduled to expire, or may convert any time during
 41    the period from October 1, 2000, through September 30, 2001. At  the  time  of
 42    conversion, the owner shall pay all weight-distance use fees due and shall pay
 43    at  least one-quarter of the annual Idaho registration fee due, less any unex-
 44    pired portion of registration fees already paid. The remainder of  the  annual
 45    Idaho  registration  fee shall be paid in three equal installments on dates as
 46    billed by the department.
 47        (4)  With regard to registration under the International Registration Plan
 48    for Idaho-based vehicles exceeding sixty thousand pounds gross vehicle  weight
 49    which  are  being registered for the first time during the period from October
 50    1, 2000, through September 30, 2001, the owner shall pay at least  one-quarter
 51    of  the  annual Idaho registration fee and shall pay all other amounts due and
 52    owing to all other jurisdictions in which the owner intends  to  operate.  The
 53    remainder  of  the annual registration fee due to Idaho shall be paid in three
 54    equal installments on dates as billed by the department.
 55        (5)  The Idaho Transportation  Department  may  continue  to  enforce  the
                                                                        
                                           6
                                                                        
  1    repealed  statutes  addressing  payment  and collection of weight-distance use
  2    fees to audit and collect weight-distance use fees for the  limitation  period
  3    that would be in effect if the weight-distance use fees had not been repealed.
  4        Further,  it  is  legislative  intent  that  for registrations or renewals
  5    occurring on and after October 1, 2001, all owners of vehicles exceeding sixty
  6    thousand pounds gross vehicle weight who are  registering  in  Idaho  for  the
  7    first  time,  or  who  are renewing registrations on the registration fee only
  8    system, shall pay the full annual Idaho registration fee at the time of regis-
  9    tration or renewal of registration.
                                                                        
 10        SECTION 3.  This act shall be in full force and effect on and after  Octo-
 11    ber 1, 2001.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 11021
 It is the purpose of this bill to allow for quarterly payments of
truck registration for trucks over 60,000 lbs.  That was only
allowed for one year under S1580 which was passed in the 2000
session.  Under this bill, a truck owner will have an option to pay
the entire registration at once or one quarter (1/4) of the
registration with the remainder to be due in three (3) equal
installments to be billed by the department.
An owner registering or reviewing a registration under subsection
(8)(a) of this section electing to use installment payments as
provided in subsection (10) of this section, shall pay all of the
fees due to other IRP jurisdictions in addition to one quarter
(1/4) of the Idaho fee due at the time of registration or 
re-registration.
     FISCAL IMPACT
The department has been operating on this quarterly system and so
there should not be an additional cost resulting from this bill.
Contact
Name:  Shawn Keough 
Phone: 332-1000
Name:  JoAn Wood
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE            H 21