2001 Legislation
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HOUSE BILL NO. 288 – MV, commercial, registratn, fees

HOUSE BILL NO. 288

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H0288.....................................................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.
                                                                        
02/20    House intro - 1st rdg - to printing
02/21    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. 288
                                                                        
                                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  sixty-five
 12        thousand  one  (650,001)  miles, the owner may apply to the department for
 13        refund of a portion of the registration fees paid, consistent with the fee
 14        schedules set forth in this  section.  The  department  shall  provide  an
 15        application  for  the refund. An owner making application for refund under
 16        this section shall be subject to auditing as provided in  section  49-439,
 17        Idaho Code.
 18        (c)  If the owner is not registering vehicles under the international reg-
 19        istration  plan, the appropriate mileage column shall be determined by the
 20        total miles the owner operated each of the vehicles to  be  registered  on
 21        roads and highways in the state, county, city and highway district systems
 22        in  Idaho  in  the  preceding year and by the maximum gross weight of each
 23        vehicle.
 24          Maximum Gross
 25        Weight of Vehicle                      Total Miles Driven
 26            (Pounds)
 27                                      1-7,500   7,501-50,000  Over 50,000
 28          60,001-62,000                $210        $  840       $1,400
 29          62,001-64,000                 240           960        1,600
 30          64,001-66,000                 270         1,080        1,800
 31          66,001-68,000                 300         1,200        2,000
 32          68,001-70,000                 330         1,320        2,200
 33          70,001-72,000                 360         1,440        2,400
 34          72,001-74,000                 390         1,560        2,600
 35          74,001-76,000                 420         1,680        2,800
 36          76,001-78,000                 450         1,800        3,000
 37          78,001-80,000                 480         1,920        3,200
 38          80,001-82,000                 495         1,980        3,300
 39          82,001-84,000                 510         2,040        3,400
 40          84,001-86,000                 525         2,100        3,500
 41          86,001-88,000                 540         2,160        3,600
 42          88,001-90,000                 555         2,220        3,700
 43          90,001-92,000                 570         2,280        3,800
 44          92,001-94,000                 585         2,340        3,900
 45          94,001-96,000                 600         2,400        4,000
 46          96,001-98,000                 615         2,460        4,100
 47         98,001-100,000                 630         2,520        4,200
 48        100,001-102,000                 645         2,580        4,300
 49        102,001-104,000                 660         2,640        4,400
 50        104,001-106,000                 675         2,700        4,500
 51        106,001-108,000                 690         2,760        4,600
 52        108,001-110,000                 705         2,820        4,700
 53        110,001-112,000                 720         2,880        4,800
 54        112,001-114,000                 735         2,940        4,900
 55        114,001-116,000                 750         3,000        5,000
                                                                        
                                           4
                                                                        
  1          Maximum Gross
  2        Weight of Vehicle                      Total Miles Driven
  3            (Pounds)
  4        116,001-118,000                 765         3,060        5,100
  5        118,001-120,000                 780         3,120        5,200
  6        120,001-122,000                 795         3,180        5,300
  7        122,001-124,000                 810         3,240        5,400
  8        124,001-126,000                 825         3,300        5,500
  9        126,001-128,000                 840         3,360        5,600
 10        128,001-129,000                 855         3,420        5,700
 11          Maximum Gross
 12        Weight of Vehicle                      Total Miles Driven
 13            (Pounds)
 14                          1 to    7,501 to  20,001 to   35,001 to  50,001 to     Over
 15                          7,500    20,000     35,000      50,000     65,000     65,000
                                                                        
 16          60,001-62,000   $255     $  524     $  973      $1,467     $1,909     $2,650
 17          62,001-64,000   $265     $  563     $1,046      $1,578     $2,053     $2,850
 18          64,001-66,000   $276     $  603     $1,120      $1,689     $2,197     $3,050
 19          66,001-68,000   $294     $  643     $1,193      $1,799     $2,341     $3,250
 20          68,001-70,000   $312     $  682     $1,267      $1,910     $2,485     $3,450
 21          70,001-72,000   $330     $  722     $1,340      $2,021     $2,629     $3,650
 22          72,001-74,000   $348     $  761     $1,414      $2,131     $2,773     $3,850
 23          74,001-76,000   $366     $  801     $1,487      $2,242     $2,917     $4,050
 24          76,001-78,000   $384     $  840     $1,560      $2,353     $3,061     $4,250
 25          78,001-80,000   $402     $  880     $1,634      $2,464     $3,205     $4,450
 26          80,001-82,000   $411     $  900     $1,671      $2,519     $3,277     $4,550
 27          82,001-84,000   $420     $  919     $1,707      $2,574     $3,349     $4,650
 28          84,001-86,000   $429     $  939     $1,744      $2,630     $3,421     $4,750
 29          86,001-88,000   $438     $  959     $1,781      $2,685     $3,493     $4,850
 30          88,001-90,000   $447     $  979     $1,817      $2,740     $3,565     $4,950
 31          90,001-92,000   $456     $  998     $1,854      $2,796     $3,638     $5,050
 32          92,001-94,000   $465     $1,018     $1,891      $2,851     $3,710     $5,150
 33          94,001-96,000   $474     $1,038     $1,928      $2,907     $3,782     $5,250
 34          96,001-98,000   $484     $1,058     $1,964      $2,962     $3,854     $5,350
 35         98,001-100,000   $493     $1,078     $2,001      $3,017     $3,926     $5,450
 36        100,001-102,000   $502     $1,097     $2,038      $3,073     $3,998     $5,550
 37        102,001-104,000   $511     $1,117     $2,074      $3,128     $4,070     $5,650
 38        104,001-106,000   $520     $1,137     $2,111      $3,183     $4,142     $5,750
 39        106,001-108,000   $529     $1,157     $2,148      $3,239     $4,214     $5,850
 40        108,001-110,000   $538     $1,176     $2,185      $3,294     $4,286     $5,950
 41        110,001-112,000   $547     $1,196     $2,221      $3,349     $4,358     $6,050
 42        112,001-114,000   $556     $1,216     $2,258      $3,405     $4,430     $6,150
 43        114,001-116,000   $565     $1,236     $2,295      $3,460     $4,502     $6,250
 44        116,001-118,000   $574     $1,256     $2,331      $3,516     $4,574     $6,350
 45        118,001-120,000   $583     $1,275     $2,368      $3,571     $4,646     $6,450
 46        120,001-122,000   $592     $1,295     $2,405      $3,626     $4,718     $6,550
 47        122,001-124,000   $601     $1,315     $2,442      $3,682     $4,790     $6,650
 48        124,001-126,000   $610     $1,335     $2,478      $3,737     $4,862     $6,750
 49        126,001-128,000   $619     $1,354     $2,515      $3,792     $4,934     $6,850
 50        128,001-129,000   $628     $1,374     $2,552      $3,848     $5,006     $6,950
 51        (d)  Any commercial or farm vehicle registered for more than  sixty  thou-
 52        sand  (60,000)  pounds  up  to  one  hundred six thousand (106,000) pounds
 53        traveling fewer than two thousand five hundred (2,500) miles  annually  on
 54        roads and highways in the state, county, city and highway district systems
                                                                        
                                           5
                                                                        
  1        in  Idaho  shall  pay an annual registration fee of two hundred fifty-five
  2        dollars ($255). The provisions of section 49-437(2), Idaho Code, shall not
  3        apply to vehicles registered under this subsection (8)(d).
  4        (9) (a)  During the first registration year that the fee schedule in  sub-
  5        section  (8)(c)  of this section is in use, an owner shall use the mileage
  6        data from the records used to report the mileage use fee  in  the  immedi-
  7        ately  preceding  year as the basis for determining the appropriate regis-
  8        tration fee schedule.
  9        (b)  Any owner who registers a motor vehicle for the first  time  and  who
 10        has  no mileage history for the vehicle shall estimate the miles to deter-
 11        mine the appropriate fee schedule in subsection (8)(c)  of  this  section.
 12        When  estimating  the  miles,  the  owner shall provide a statement on the
 13        application of the method used to arrive at the estimated miles.
 14        (c)  Any owner using any fee schedule other than the highest fee  schedule
 15        under subsection (8)(c) of this section, shall certify at the time of reg-
 16        istration  that the miles operated in the preceding year do not exceed the
 17        schedule applied for. Any owner using  a  fee  schedule  under  subsection
 18        (8)(c)  of this section that is less than the highest schedule shall main-
 19        tain records to substantiate the use of the schedule as required  by  sec-
 20        tion 49-439, Idaho Code.
 21        (10) An  owner  registering under subsection (8)(a) or (8)(c) of this sec-
 22    tion may elect to pay the full annual registration fee at the time  of  regis-
 23    tration  or  renewal of registration, or an owner may pay at least one-quarter
 24    (1/4) of the annual registration fee due. The remainder of  the  annual  Idaho
 25    registration  fee  shall  be  paid in three (3) equal installments on dates as
 26    billed by the department.
 27        (11) An owner registering or  renewing  a  registration  under  subsection
 28    (8)(a)  of  this  section  electing to use installment payments as provided in
 29    subsection (10) of this section, shall pay all of the fees due  to  other  IRP
 30    jurisdictions  in  addition  to  one-quarter (1/4) of the Idaho fee due at the
 31    time of registration or reregistration. The remainder of the annual Idaho reg-
 32    istration fee shall be paid in three (3) equal installments on dates as billed
 33    by the department.
 34        (12) If any vehicle or combinations of vehicles haul  nonreducible  loads,
 35    as  authorized  under the provisions of section 49-1004, Idaho Code, and weigh
 36    less than the starting weights per axle configuration listed in  column  1  of
 37    subsection  (2),  section  49-1004,  Idaho  Code, then and in that event there
 38    shall be paid for that vehicle, in addition to the other fees required in this
 39    section, an additional use fee of 2.1 mills per mile  for  each  two  thousand
 40    (2,000)  pounds  or  fraction thereof of the maximum gross weight in excess of
 41    those set forth in section 49-1001, Idaho Code.
                                                                        
 42        SECTION 2.  That Section 17, Chapter 418, Laws of 2000, be, and  the  same
 43    is hereby amended to read as follows:
                                                                        
 44        SECTION 17.  LEGISLATIVE INTENT. It is legislative intent that, contingent
 45    upon  certification by the Secretary of State that he has received notice from
 46    the appropriate court of the Fourth  Judicial  District  that  the  court  has
 47    granted  final  approval  of a settlement pursuant to Case No. CV OC 9700724D,
 48    American Trucking Association, et al. v. State of Idaho, et al., the following
 49    provisions setting forth the process for transitioning from a  combination  of
 50    registration  fees  and  weight-distance  use fees to a system of registration
 51    fees only, shall take effect as provided herein.  These  following  provisions
 52    are  both  integral and necessary for the administration and implementation of
 53    the new registration system. It is legislative intent that the following  pro-
                                                                        
                                           6
                                                                        
  1    visions  for  vehicle registrations shall be in effect, subject to the contin-
  2    gencies stated above, from October 1, 2000, through September 30,  2001.  Sub-
  3    section  (5) shall continue to be in effect until the expiration of the appli-
  4    cable limitations period under that subsection.
  5        (1)  With regard to registrations for vehicles  exceeding  sixty  thousand
  6    pounds  gross  vehicle  weight  which  expire  on December 31, 2000, the Idaho
  7    Transportation Department may accept payment for registration fees  that  will
  8    become effective on January 1, 2001, beginning October 1, 2000, and the owners
  9    of  those  vehicles  shall  cease to accrue new liability for repealed weight-
 10    distance use fees on January 1, 2001, and shall be liable for the  new  regis-
 11    tration  fees  on  January 1, 2001. An owner shall pay at least one-quarter of
 12    the annual Idaho registration fee due. The remainder of the annual Idaho  reg-
 13    istration  fee shall be paid in three equal installments on dates as billed by
 14    the department.
 15        (2)  With regard to registration under the International Registration Plan
 16    for foreign-based vehicles  exceeding  sixty  thousand  pounds  gross  vehicle
 17    weight  which expire in any month beginning October 1, 2000, through September
 18    30, 2001, the owners of those vehicles shall cease to accrue new liability for
 19    the repealed weight-distance use fees and shall be liable for the  new  regis-
 20    tration  fees on the first day of the month during which their registration is
 21    due. Owners of vehicles whose registration has not yet expired during a  given
 22    calendar  quarter  shall  continue  to  accrue,  report  and remit the weight-
 23    distance use fees until the quarter in which their registration expires  under
 24    the repealed weight-distance statutes.
 25        (3)  With regard to registration under the International Registration Plan
 26    for  Idaho-based vehicles exceeding sixty thousand pounds gross vehicle weight
 27    which expire in any month beginning October 1,  2000,  through  September  30,
 28    2001,  the  owners  of those vehicles shall have the option of converting from
 29    the weight-distance use fee system to the registration fee only system at  the
 30    time their registration is scheduled to expire, or may convert any time during
 31    the  period  from  October 1, 2000, through September 30, 2001. At the time of
 32    conversion, the owner shall pay all weight-distance use fees due and shall pay
 33    at least one-quarter of the annual Idaho registration fee due, less any  unex-
 34    pired  portion  of registration fees already paid. The remainder of the annual
 35    Idaho registration fee shall be paid in three equal installments on  dates  as
 36    billed by the department.
 37        (4)  With regard to registration under the International Registration Plan
 38    for  Idaho-based vehicles exceeding sixty thousand pounds gross vehicle weight
 39    which are being registered for the first time during the period  from  October
 40    1,  2000, through September 30, 2001, the owner shall pay at least one-quarter
 41    of the annual Idaho registration fee and shall pay all other amounts  due  and
 42    owing  to  all  other jurisdictions in which the owner intends to operate. The
 43    remainder of the annual registration fee due to Idaho shall be paid  in  three
 44    equal installments on dates as billed by the department.
 45        (5)  The  Idaho  Transportation  Department  may  continue  to enforce the
 46    repealed statutes addressing payment and  collection  of  weight-distance  use
 47    fees  to  audit and collect weight-distance use fees for the limitation period
 48    that would be in effect if the weight-distance use fees had not been repealed.
 49        Further, it is legislative  intent  that  for  registrations  or  renewals
 50    occurring on and after October 1, 2001, all owners of vehicles exceeding sixty
 51    thousand  pounds  gross  vehicle  weight  who are registering in Idaho for the
 52    first time, or who are renewing registrations on  the  registration  fee  only
 53    system, shall pay the full annual Idaho registration fee at the time of regis-
 54    tration or renewal of registration.
                                                                        
                                           7
                                                                        
  1        SECTION  3.  This act shall be in full force and effect on and after Octo-
  2    ber 1, 2001.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 11153
This legislation will address the registration of motor vehicles
in excess of 60,000 pounds.

1.   To allow for quarterly installment payments of the annual
     registration fee for vehicles over 60,000 pounds.
2.   Amends the annual registration fee schedule for motor
     vehicles weighing in the excess of 60,000 pounds.
3.   Effective date of this legislation is October 1, 2001.

                          FISCAL IMPACT
According to ITD, the new fee schedule in this legislation should
be revenue neutral.


Contact
Name: Rep. Ken Roberts 
Phone: (208) 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE            H 288