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H0354.....................................................by WAYS AND MEANS
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.
03/07 House intro - 1st rdg - to printing
03/08 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 354
BY WAYS AND MEANS 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 $211 $ 422 $ 630 $ 840 $1,400
16 62,001-64,000 $241 $ 482 $ 720 $ 960 $1,600
17 64,001-66,000 $271 $ 543 $ 810 $1,080 $1,800
18 66,001-68,000 $302 $ 603 $ 900 $1,200 $2,000
19 68,001-70,000 $332 $ 663 $ 990 $1,320 $2,200
20 70,001-72,000 $362 $ 724 $1,080 $1,440 $2,400
21 72,001-74,000 $392 $ 784 $1,170 $1,560 $2,600
22 74,001-76,000 $422 $ 844 $1,260 $1,680 $2,800
23 76,001-78,000 $452 $ 905 $1,350 $1,800 $3,000
24 78,001-80,000 $480 $ 965 $1,440 $1,920 $3,200
25 80,001-82,000 $497 $ 995 $1,485 $1,980 $3,300
26 82,001-84,000 $513 $1,025 $1,530 $2,040 $3,400
27 84,001-86,000 $528 $1,055 $1,575 $2,100 $3,500
28 86,001-88,000 $543 $1,085 $1,620 $2,160 $3,600
29 88,001-90,000 $558 $1,116 $1,665 $2,220 $3,700
30 90,001-92,000 $573 $1,146 $1,710 $2,280 $3,800
31 92,001-94,000 $588 $1,176 $1,755 $2,340 $3,900
32 94,001-96,000 $603 $1,206 $1,800 $2,400 $4,000
33 96,001-98,000 $618 $1,236 $1,845 $2,460 $4,100
34 98,001-100,000 $633 $1,266 $1,890 $2,520 $4,200
35 100,001-102,000 $648 $1,296 $1,935 $2,580 $4,300
36 102,001-104,000 $663 $1,327 $1,980 $2,640 $4,400
37 104,001-106,000 $678 $1,357 $2,025 $2,700 $4,500
38 106,001-108,000 $693 $1,387 $2,070 $2,760 $4,600
39 108,001-110,000 $709 $1,417 $2,115 $2,820 $4,700
40 110,001-112,000 $724 $1,447 $2,160 $2,880 $4,800
41 112,001-114,000 $739 $1,477 $2,205 $2,940 $4,900
42 114,001-116,000 $754 $1,508 $2,250 $3,000 $5,000
43 116,001-118,000 $769 $1,538 $2,295 $3,060 $5,100
44 118,001-120,000 $784 $1,568 $2,340 $3,120 $5,200
45 120,001-122,000 $799 $1,598 $2,385 $3,180 $5,300
46 122,001-124,000 $814 $1,628 $2,430 $3,240 $5,400
47 124,001-126,000 $829 $1,658 $2,475 $3,300 $5,500
48 126,001-128,000 $844 $1,688 $2,520 $3,360 $5,600
49 128,001-129,000 $859 $1,719 $2,565 $3,420 $5,700
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
RS 11245
Relating to registration of motor vehicles weighing in
excess of sixty-thousand pounds gross weight; amending
Section 49-434, Idaho Code, to revise the annual registration
fee schedule for motor vehicles weighing in excess of
sixty-thousand pounds and to provide for quarterly payments
of the annual registration fee.
FISCAL IMPACT
Revenue neutral for the General Fund.
Contact
Name: Rep. Wood
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 354