2001 Legislation
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HOUSE BILL NO. 349 – MV,commercial, registratn, fees

HOUSE BILL NO. 349

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H0349......................................................by STATE AFFAIRS
COMMERCIAL VEHICLES - Amends existing law to revise the annual registration
fee schedule for motor vehicles weighing in excess of sixty thousand
pounds; and to provide that the annual registration fee for motor vehicles
weighing in excess of sixty thousand pounds may be paid in quarterly
installment payments.
                                                                        
02/28    House intro - 1st rdg - to printing
03/01    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 349
                                                                        
                                 BY STATE AFFAIRS 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        REVISE THE ANNUAL REGISTRATION FEE SCHEDULE FOR MOTOR VEHICLES WEIGHING IN
  5        EXCESS OF SIXTY THOUSAND POUNDS AND TO PROVIDE FOR  QUARTERLY  INSTALLMENT
  6        PAYMENTS OF THE ANNUAL REGISTRATION FEE; AMENDING SECTION 17, CHAPTER 418,
  7        LAWS  OF 2000, TO DELETE LEGISLATIVE INTENT FOR FULL PAYMENT OF THE ANNUAL
  8        REGISTRATION FEE ON THE REGISTRATION FEE ONLY SYSTEM AT THE TIME OF REGIS-
  9        TRATION OR RENEWAL OF REGISTRATION FOR REGISTRATIONS AND RENEWAL OF REGIS-
 10        TRATIONS OCCURRING ON AND AFTER OCTOBER 1, 2001; AND PROVIDING  AN  EFFEC-
 11        TIVE DATE.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  49-434, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        49-434.  OPERATING FEES. (1) There shall be paid on all  commercial  vehi-
 16    cles,  noncommercial vehicles, and on all farm vehicles having a maximum gross
 17    weight not in excess of sixty thousand (60,000) pounds, an annual registration
 18    fee in accordance with the following schedule.
 19        Maximum Gross Weight                    Annual Registration Fee
 20              (Pounds)                      Noncommercial and    Commercial
 21                                              Farm Vehicles       Vehicles
 22         8,001-16,000 inc. .....................$  48.00           $ 48.00
 23        16,001-26,000 inc. .....................   61.08            143.40
 24        26,001-30,000 inc. .....................   91.68            223.80
 25        30,001-40,000 inc. .....................  130.08            291.60
 26        40,001-50,000 inc. .....................  188.28            360.00
 27        50,001-60,000 inc. .....................  311.88            515.40
 28        (2)  There shall be paid on all commercial vehicles, irrespective of  body
 29    type,  and  on  all  farm  vehicles having a maximum gross weight in excess of
 30    sixty thousand (60,000) pounds, an annual registration fee in the amount  pre-
 31    scribed by subsection (8) of this section, as applicable.
 32        (3)  In addition, the annual registration fee for trailers shall be:
 33        (a)  Trailer or semitrailer in a combination of vehicles ...........$15.00
 34        (b)  Rental  utility  trailer  with a gross weight of two thousand (2,000)
 35        pounds or less ......................................................$8.00
 36        (c)  Rental utility trailer with a gross weight over two thousand  (2,000)
 37        pounds .............................................................$15.00
 38        (4)  As  an option to the trailer and semitrailer annual registration, the
 39    department may provide extended registration.
 40        (a)  For trailers and  semitrailers,  the  optional  extended-registration
 41        period shall not extend beyond seven (7) years.
 42        (b)  The fee shall be fifteen dollars ($15.00) for each year.
 43        (c)  The  license  plate  originally issued shall remain on the trailer or
                                                                        
                                           2
                                                                        
  1        semitrailer until the registration expires.
  2        (d)  The registration document shall be the official record of the  status
  3        of  the  extended  registration.  No pressure-sensitive validation sticker
  4        shall be required.
  5        (e)  For rental utility trailers, the optional registration  period  shall
  6        not extend beyond five (5) years. The fee shall be as specified in subsec-
  7        tion  (3)(b) or (c) of this section. A pressure-sensitive sticker shall be
  8        used to validate the license plate. The license plate shall become void if
  9        the owner's interest in the rental utility trailer changes during the five
 10        (5) year period. If the owner fails to enter the rental utility trailer on
 11        the annual renewal application during the five (5) year period, the regis-
 12        tration record shall be purged. Any unrenewed plate shall be  returned  to
 13        the department if it is not entered on the renewal application.
 14        (5)  A  fleet  registration option is available to owners who have twenty-
 15    five (25) or more commercial or farm vehicles or any combination thereof. Such
 16    owners may register all of their company vehicles with the department in  lieu
 17    of  registering with a county assessor. To qualify the fleet must be owned and
 18    operated under the unified control of one (1) person and the vehicles must  be
 19    physically garaged and maintained in two (2) or more counties. Fleet registra-
 20    tion shall not include fleets of rental vehicles. The department shall provide
 21    a registration application to the owner and the owner shall provide all infor-
 22    mation  that  the  department  determines  is  necessary. The department shall
 23    devise a special license plate numbering system for fleet-registered  vehicles
 24    as an alternative to county license plates. The fleet registration application
 25    and  all  subsequent  registration renewals shall include the physical address
 26    where a vehicle is principally used, garaged and maintained. The  fleet  owner
 27    shall report the physical address to the department upon initial registration,
 28    on  each  renewal,  and  at any time a vehicle registered under this option is
 29    permanently transferred to another location.
 30        (6)  If the ownership of a vehicle changes during the registration period,
 31    the original owner may transfer the plate to another  vehicle.  The  remaining
 32    fee shall be credited against the cost of the new registration. Refunds may be
 33    given  for  any unexpired portion of the vehicle registration fee if the plate
 34    is not transferred by the owner to another vehicle.  Any  request  for  refund
 35    shall include surrender of the license plate, validation sticker and registra-
 36    tion document. Owners of vehicles registered under the international registra-
 37    tion  plan  may request a refund of the unexpired portion of the Idaho vehicle
 38    registration fee by presenting evidence from the base  jurisdiction  that  the
 39    license  plate, validation sticker and registration document have been surren-
 40    dered. A license plate shall not be transferred to another owner when the own-
 41    ership of a vehicle changes. The owner shall obtain a replacement plate, vali-
 42    dation sticker if required, and a registration document when a plate is  lost,
 43    destroyed or becomes illegible.
 44        (7)  An  administrative  fee  of  four  dollars  ($4.00) shall be paid and
 45    deposited to the state highway account on all registrations completed  by  the
 46    department under subsection (1) or (8)(a) of this section. Vehicles registered
 47    under  subsection (8)(b) of this section shall pay the fee provided in section
 48    49-435(2), Idaho Code.
 49        (8)  There shall be paid on all commercial and farm vehicles having a max-
 50    imum gross weight in excess of sixty thousand (60,000) pounds, a  registration
 51    fee  based upon the maximum gross weight of a vehicle as declared by the owner
 52    and the total number of miles driven on  roads  and  highways  in  the  state,
 53    county,  city  and  highway district systems in Idaho, and if registered under
 54    the international registration plan (IRP), in  all  other  jurisdictions.  The
 55    appropriate registration fee shall be determined as follows:
                                                                        
                                           3
                                                                        
  1        (a)  If  the owner registers vehicles under the international registration
  2        plan (IRP), the appropriate mileage column  shall  be  determined  by  the
  3        total miles an owner operated a fleet of vehicles on roads and highways in
  4        the  state,  county, city and highway district systems in Idaho and in all
  5        other jurisdictions in the preceding year, as defined in  section  49-117,
  6        Idaho  Code,  and  by  the  maximum  gross weight of each vehicle within a
  7        fleet.
  8        (b)  If the owner registers vehicles under the international  registration
  9        plan and determines that the average international registration plan fleet
 10        miles,  calculated  by dividing the total IRP fleet miles in all jurisdic-
 11        tions by the number of registered vehicles, is less  than  fifty  thousand
 12        one  (50,001) miles, the owner may apply to the department for refund of a
 13        portion of the registration fees paid, consistent with the  fee  schedules
 14        set forth in this section. The department shall provide an application for
 15        the  refund.  An  owner  making  application for refund under this section
 16        shall be subject to auditing as provided in section 49-439, Idaho Code.
 17        (c)  If the owner is not registering vehicles under the international reg-
 18        istration plan, the appropriate mileage column shall be determined by  the
 19        total  miles  the  owner operated each of the vehicles to be registered on
 20        roads and highways in the state, county, city and highway district systems
 21        in Idaho in the preceding year and by the maximum  gross  weight  of  each
 22        vehicle.
 23          Maximum Gross
 24        Weight of Vehicle                      Total Miles Driven
 25            (Pounds)
 26                                      1-7,500   7,501-50,000  Over 50,000
 27          60,001-62,000                $210        $  840       $1,400
 28          62,001-64,000                 240           960        1,600
 29          64,001-66,000                 270         1,080        1,800
 30          66,001-68,000                 300         1,200        2,000
 31          68,001-70,000                 330         1,320        2,200
 32          70,001-72,000                 360         1,440        2,400
 33          72,001-74,000                 390         1,560        2,600
 34          74,001-76,000                 420         1,680        2,800
 35          76,001-78,000                 450         1,800        3,000
 36          78,001-80,000                 480         1,920        3,200
 37          80,001-82,000                 495         1,980        3,300
 38          82,001-84,000                 510         2,040        3,400
 39          84,001-86,000                 525         2,100        3,500
 40          86,001-88,000                 540         2,160        3,600
 41          88,001-90,000                 555         2,220        3,700
 42          90,001-92,000                 570         2,280        3,800
 43          92,001-94,000                 585         2,340        3,900
 44          94,001-96,000                 600         2,400        4,000
 45          96,001-98,000                 615         2,460        4,100
 46         98,001-100,000                 630         2,520        4,200
 47        100,001-102,000                 645         2,580        4,300
 48        102,001-104,000                 660         2,640        4,400
 49        104,001-106,000                 675         2,700        4,500
 50        106,001-108,000                 690         2,760        4,600
 51        108,001-110,000                 705         2,820        4,700
 52        110,001-112,000                 720         2,880        4,800
 53        112,001-114,000                 735         2,940        4,900
 54        114,001-116,000                 750         3,000        5,000
 55        116,001-118,000                 765         3,060        5,100
                                                                        
                                           4
                                                                        
  1          Maximum Gross
  2        Weight of Vehicle                      Total Miles Driven
  3            (Pounds)
  4        118,001-120,000                 780         3,120        5,200
  5        120,001-122,000                 795         3,180        5,300
  6        122,001-124,000                 810         3,240        5,400
  7        124,001-126,000                 825         3,300        5,500
  8        126,001-128,000                 840         3,360        5,600
  9        128,001-129,000                 855         3,420        5,700
 10          Maximum Gross
 11        Weight of Vehicle                      Total Miles Driven
 12            (Pounds)
 13                          1 to    7,501 to  20,001 to   35,001 to     Over
 14                          7,500    20,000     35,000      50,000     50,000
                                                                        
 15          60,001-62,000   $214     $  456     $  839      $1,256     $2,300
 16          62,001-64,000   $232     $  496     $  912      $1,365     $2,500
 17          64,001-66,000   $251     $  536     $  985      $1,474     $2,700
 18          66,001-68,000   $269     $  575     $1,058      $1,583     $2,900
 19          68,001-70,000   $288     $  615     $1,131      $1,693     $3,100
 20          70,001-72,000   $306     $  655     $1,204      $1,802     $3,300
 21          72,001-74,000   $325     $  694     $1,277      $1,911     $3,500
 22          74,001-76,000   $344     $  734     $1,349      $2,020     $3,700
 23          76,001-78,000   $362     $  774     $1,422      $2,129     $3,900
 24          78,001-80,000   $381     $  813     $1,495      $2,239     $4,100
 25          80,001-82,000   $390     $  833     $1,532      $2,293     $4,200
 26          82,001-84,000   $399     $  853     $1,568      $2,348     $4,300
 27          84,001-86,000   $409     $  873     $1,605      $2,402     $4,400
 28          86,001-88,000   $418     $  893     $1,641      $2,457     $4,500
 29          88,001-90,000   $427     $  913     $1,678      $2,512     $4,600
 30          90,001-92,000   $436     $  933     $1,714      $2,566     $4,700
 31          92,001-94,000   $446     $  952     $1,751      $2,621     $4,800
 32          94,001-96,000   $455     $  972     $1,787      $2,675     $4,900
 33          96,001-98,000   $464     $  992     $1,824      $2,730     $5,000
 34         98,001-100,000   $474     $1,012     $1,860      $2,785     $5,100
 35        100,001-102,000   $483     $1,032     $1,897      $2,839     $5,200
 36        102,001-104,000   $492     $1,052     $1,933      $2,894     $5,300
 37        104,001-106,000   $501     $1,071     $1,970      $2,948     $5,400
 38        106,001-108,000   $511     $1,091     $2,006      $3,003     $5,500
 39        108,001-110,000   $520     $1,111     $2,042      $3,058     $5,600
 40        110,001-112,000   $529     $1,131     $2,079      $3,112     $5,700
 41        112,001-114,000   $539     $1,151     $2,115      $3,167     $5,800
 42        114,001-116,000   $548     $1,171     $2,152      $3,221     $5,900
 43        116,001-118,000   $557     $1,190     $2,188      $3,276     $6,000
 44        118,001-120,000   $566     $1,210     $2,225      $3,331     $6,100
 45        120,001-122,000   $576     $1,230     $2,261      $3,385     $6,200
 46        122,001-124,000   $585     $1,250     $2,298      $3,440     $6,300
 47        124,001-126,000   $594     $1,270     $2,334      $3,494     $6,400
 48        126,001-128,000   $604     $1,290     $2,371      $3,549     $6,500
 49        128,001-129,000   $613     $1,310     $2,407      $3,604     $6,600
 50        (d)  Any  commercial  or farm vehicle registered for more than sixty thou-
 51        sand (60,000) pounds up to  one  hundred  six  thousand  (106,000)  pounds
 52        traveling  fewer  than two thousand five hundred (2,500) miles annually on
 53        roads and highways in the state, county, city and highway district systems
 54        in Idaho shall pay an annual registration fee of  two  hundred  fifty-five
                                                                        
                                           5
                                                                        
  1        dollars ($255). The provisions of section 49-437(2), Idaho Code, shall not
  2        apply to vehicles registered under this subsection (8)(d).
  3        (9) (a)  During  the first registration year that the fee schedule in sub-
  4        section (8)(c) of this section is in use, an owner shall use  the  mileage
  5        data  from  the  records used to report the mileage use fee in the immedi-
  6        ately preceding year as the basis for determining the  appropriate  regis-
  7        tration fee schedule.
  8        (b)  Any  owner  who  registers a motor vehicle for the first time and who
  9        has no mileage history for the vehicle shall estimate the miles to  deter-
 10        mine  the  appropriate  fee schedule in subsection (8)(c) of this section.
 11        When estimating the miles, the owner shall  provide  a  statement  on  the
 12        application of the method used to arrive at the estimated miles.
 13        (c)  Any  owner using any fee schedule other than the highest fee schedule
 14        under subsection (8)(c) of this section, shall certify at the time of reg-
 15        istration that the miles operated in the preceding year do not exceed  the
 16        schedule  applied  for.  Any  owner  using a fee schedule under subsection
 17        (8)(c) of this section that is less than the highest schedule shall  main-
 18        tain  records  to substantiate the use of the schedule as required by sec-
 19        tion 49-439, Idaho Code.
 20        (10) An owner registering under subsection (8)(a) or (8)(c) of  this  sec-
 21    tion  may  elect to pay the full annual registration fee at the time of regis-
 22    tration or renewal of registration, or an owner may pay at  least  one-quarter
 23    (1/4)  of  the  annual registration fee due. The remainder of the annual Idaho
 24    registration fee shall be paid in three (3) equal  installments  on  dates  as
 25    billed by the department.
 26        (11) An  owner  registering  or  renewing  a registration under subsection
 27    (8)(a) of this section electing to use installment  payments  as  provided  in
 28    subsection  (10)  of  this section, shall pay all of the fees due to other IRP
 29    jurisdictions in addition to one-quarter (1/4) of the Idaho  fee  due  at  the
 30    time of registration or reregistration. The remainder of the annual Idaho reg-
 31    istration fee shall be paid in three (3) equal installments on dates as billed
 32    by the department.
 33        (12) If  any  vehicle or combinations of vehicles haul nonreducible loads,
 34    as authorized under the provisions of section 49-1004, Idaho Code,  and  weigh
 35    less  than  the  starting weights per axle configuration listed in column 1 of
 36    subsection (2), section 49-1004, Idaho Code, then  and  in  that  event  there
 37    shall be paid for that vehicle, in addition to the other fees required in this
 38    section,  an  additional  use  fee of 2.1 mills per mile for each two thousand
 39    (2,000) pounds or fraction thereof of the maximum gross weight  in  excess  of
 40    those set forth in section 49-1001, Idaho Code.
                                                                        
 41        SECTION  2.  That  Section 17, Chapter 418, Laws of 2000, be, and the same
 42    is hereby amended to read as follows:
                                                                        
 43        SECTION 17.  LEGISLATIVE INTENT. It is legislative intent that, contingent
 44    upon certification by the Secretary of State that he has received notice  from
 45    the  appropriate  court  of  the  Fourth  Judicial District that the court has
 46    granted final approval of a settlement pursuant to Case No.  CV  OC  9700724D,
 47    American Trucking Association, et al. v. State of Idaho, et al., the following
 48    provisions  setting  forth the process for transitioning from a combination of
 49    registration fees and weight-distance use fees to  a  system  of  registration
 50    fees  only,  shall  take effect as provided herein. These following provisions
 51    are both integral and necessary for the administration and  implementation  of
 52    the  new registration system. It is legislative intent that the following pro-
 53    visions for vehicle registrations shall be in effect, subject to  the  contin-
                                                                        
                                           6
                                                                        
  1    gencies  stated  above, from October 1, 2000, through September 30, 2001. Sub-
  2    section (5) shall continue to be in effect until the expiration of the  appli-
  3    cable limitations period under that subsection.
  4        (1)  With  regard  to  registrations for vehicles exceeding sixty thousand
  5    pounds gross vehicle weight which expire  on  December  31,  2000,  the  Idaho
  6    Transportation  Department  may accept payment for registration fees that will
  7    become effective on January 1, 2001, beginning October 1, 2000, and the owners
  8    of those vehicles shall cease to accrue new  liability  for  repealed  weight-
  9    distance  use  fees on January 1, 2001, and shall be liable for the new regis-
 10    tration fees on January 1, 2001. An owner shall pay at  least  one-quarter  of
 11    the  annual Idaho registration fee due. The remainder of the annual Idaho reg-
 12    istration fee shall be paid in three equal installments on dates as billed  by
 13    the department.
 14        (2)  With regard to registration under the International Registration Plan
 15    for  foreign-based  vehicles  exceeding  sixty  thousand  pounds gross vehicle
 16    weight which expire in any month beginning October 1, 2000, through  September
 17    30, 2001, the owners of those vehicles shall cease to accrue new liability for
 18    the  repealed  weight-distance use fees and shall be liable for the new regis-
 19    tration fees on the first day of the month during which their registration  is
 20    due.  Owners of vehicles whose registration has not yet expired during a given
 21    calendar quarter shall continue  to  accrue,  report  and  remit  the  weight-
 22    distance  use fees until the quarter in which their registration expires under
 23    the repealed weight-distance statutes.
 24        (3)  With regard to registration under the International Registration Plan
 25    for Idaho-based vehicles exceeding sixty thousand pounds gross vehicle  weight
 26    which  expire  in  any  month beginning October 1, 2000, through September 30,
 27    2001, the owners of those vehicles shall have the option  of  converting  from
 28    the  weight-distance use fee system to the registration fee only system at the
 29    time their registration is scheduled to expire, or may convert any time during
 30    the period from October 1, 2000, through September 30, 2001. At  the  time  of
 31    conversion, the owner shall pay all weight-distance use fees due and shall pay
 32    at  least one-quarter of the annual Idaho registration fee due, less any unex-
 33    pired portion of registration fees already paid. The remainder of  the  annual
 34    Idaho  registration  fee shall be paid in three equal installments on dates as
 35    billed by the department.
 36        (4)  With regard to registration under the International Registration Plan
 37    for Idaho-based vehicles exceeding sixty thousand pounds gross vehicle  weight
 38    which  are  being registered for the first time during the period from October
 39    1, 2000, through September 30, 2001, the owner shall pay at least  one-quarter
 40    of  the  annual Idaho registration fee and shall pay all other amounts due and
 41    owing to all other jurisdictions in which the owner intends  to  operate.  The
 42    remainder  of  the annual registration fee due to Idaho shall be paid in three
 43    equal installments on dates as billed by the department.
 44        (5)  The Idaho Transportation  Department  may  continue  to  enforce  the
 45    repealed  statutes  addressing  payment  and collection of weight-distance use
 46    fees to audit and collect weight-distance use fees for the  limitation  period
 47    that would be in effect if the weight-distance use fees had not been repealed.
 48        Further,  it  is  legislative  intent  that  for registrations or renewals
 49    occurring on and after October 1, 2001, all owners of vehicles exceeding sixty
 50    thousand pounds gross vehicle weight who are  registering  in  Idaho  for  the
 51    first  time,  or  who  are renewing registrations on the registration fee only
 52    system, shall pay the full annual Idaho registration fee at the time of regis-
 53    tration or renewal of registration.
                                                                        
 54        SECTION 3.  This act shall be in full force and effect on and after  Octo-
                                                                        
                                           7
                                                                        
  1    ber 1, 2001.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE 
                            RS 11204

This legislation amends Section 49-434, Idaho Code, relating to 
the registration of motor vehicles weighing in excess of 60,000 
pounds gross vehicle weight.  It revises the annual registration 
fee schedule for motor vehicles weighing in excess of 60,000 pounds,
 adds two additional mileage bands at 20,000 and 35,000 miles, and
 provides for quarterly payments of the annual registration fee.

                       FISCAL IMPACT 
This bill is revenue neutral for the state.

Contact
Name: Rep. JoAn Wood 
Phone: 208/332-1000




STATEMENT OF PURPOSE/FISCAL NOTE            H 349