2002 Legislation
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SENATE BILL NO. 1361 – License plate, peace offcr memorial


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Daily Data Tracking History

S1361.....................................................by TRANSPORTATION
LICENSE PLATES - Amends and adds to existing law to provide for
discontinuance of specified special license plate programs in accordance
with specified conditions; and to establish an Idaho peace officer memorial
license plate program.
02/01    Senate intro - 1st rdg - to printing
02/04    Rpt prt - to Transp
02/08    Rpt out - rec d/p - to 2nd rdg
02/11    2nd rdg - to 3rd rdg
02/12    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little,
      Lodge, Marley, Noh, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- Geddes, Richardson
    Floor Sponsor - Lodge
    Title apvd - to House
02/13    House intro - 1st rdg - to Transp
03/01    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 61-1-8
      AYES -- Aikele, Barraclough, Barrett, Bell, Block, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
      Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
      Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
      Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Martinez, McKague, Montgomery, Mortensen, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith(33), Smylie, Stevenson, Stone,
      Wheeler, Young, Mr. Speaker
      NAYS -- Tilman
      Absent and excused -- Bedke, Bieter, Black, Deal, Meyer, Smith(23),
      Trail, Wood
    Floor Sponsor - Pomeroy
    Title apvd - to Senate
03/07    To enrol
03/08    Rpt enrol - Pres signed
03/11    Sp signed
03/12    To Governor
03/26    Governor signed
         Session Law Chapter 285
         Effective: 07/01/02, Section 2
         01/01/03, Sections 1 and 3

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                                    SENATE BILL NO. 1361
                                BY TRANSPORTATION COMMITTEE
  1                                        AN ACT
  9    Be It Enacted by the Legislature of the State of Idaho:
 10        SECTION  1.  That  Section  49-402, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
 12        49-402.  ANNUAL REGISTRATION. (1) The annual fee for operating each pickup
 13    truck and each other motor vehicle having a maximum gross weight not in excess
 14    of eight thousand (8,000) pounds shall be:
 15        Vehicles one (1) and two (2) years old ............................ $48.00
 16        Vehicles three (3) and four (4) years old ......................... $36.00
 17        Vehicles five (5) and six (6) years old ........................... $36.00
 18        Vehicles seven (7) and eight (8) years old ........................ $24.00
 19        Vehicles over eight (8) years old ................................. $24.00
 20        There shall be twelve (12) registration periods, starting in  January  for
 21    holders of validation registration stickers numbered 1, and proceeding consec-
 22    utively  through December for holders of validation registration stickers num-
 23    bered 12, each of which shall start on the first day of a calendar  month  and
 24    end  on  the last day of the twelfth month from the first day of the beginning
 25    month. Registration periods shall expire midnight on the last day of the  reg-
 26    istration  period  in  the  year  designated  by  the  validation registration
 27    sticker. The numeral digit on the validation registration stickers  shall,  as
 28    does  the  registration  card, fix the registration period under the staggered
 29    plate system of Idaho for the purpose of reregistration and notice of  expira-
 30    tion.
 31        A  vehicle  that  has once been registered for any of the above designated
 32    periods shall, upon reregistration, be registered for the period  bearing  the
 33    same  number,  and the registration card shall show and be the exclusive proof
 34    of the expiration date of registration and licensing.  Vehicles  may  be  ini-
 35    tially registered for less than a twelve (12) month period, or for more than a
 36    twelve (12) month period, and the fee prorated on a monthly basis if the frac-
 37    tional  registration tends to fulfill the purpose of the monthly series regis-
 38    tration system.
 39        (2)  For all school buses operated either by a nonprofit, nonpublic school
 40    or operated pursuant to a service contract with a school district  for  trans-
 41    porting  children  to  or  from  school  or in connection with school approved
 42    activities, the annual fee shall be twenty-four dollars ($24.00).
 43        (3)  For all motorcycles and all-terrain vehicles operated upon the public
  1    highways the annual fee shall be nine dollars ($9.00).  For  operation  of  an
  2    all-terrain  vehicle  or motorcycle off the public highways, the fee specified
  3    in section 67-7122, Idaho Code, shall be paid.  Registration  exemptions  pro-
  4    vided  in section 49-426(2) and (3), Idaho Code, apply to all-terrain vehicles
  5    and motorcycles used for the purposes described in subsections (2) and (3)  of
  6    section 49-426, Idaho Code.
  7        (4)  For  all  motor homes the fee shall be as specified in subsection (1)
  8    of this section and shall be in addition to the fees provided for  in  section
  9    49-445, Idaho Code.
 10        (5)  Registration fees shall not be subject to refund.
 11        (6)  A  financial  institution  or  repossession  service  contracted to a
 12    financial institution repossessing vehicles under  the  terms  of  a  security
 13    agreement  shall move the vehicle from the place of repossession to the finan-
 14    cial institution's place of business on a repossession plate. The repossession
 15    plate shall also be used for demonstrating the vehicle to a  prospective  pur-
 16    chaser for a period not to exceed ninety-six (96) hours. The registration fees
 17    for repossession plates shall be as required in subsection (1) of this section
 18    for  a  vehicle  one  (1) and two (2) years old. All other fees required under
 19    chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
 20    The repossession plate shall be issued on an annual basis by the department.
 21        (7)  In addition to the annual registration fee  in  this  section,  there
 22    shall  be an initial program fee of twenty-five dollars ($25.00) and an annual
 23    program fee of fifteen dollars ($15.00) for all special license plate programs
 24    for those license plates issued pursuant to sections 49-404A, 49-407,  49-408,
 25    49-409,  49-414, 49-416 and 49-418, Idaho Code. For special plates issued pur-
 26    suant to sections 49-406 and 49-406A, Idaho Code, there shall  be  an  initial
 27    program  fee  of  twenty-five  dollars  ($25.00)  but there shall be no annual
 28    renewal fee. For special plates issued pursuant to sections  49-417,  49-417A,
 29    49-417B, 49-417C, 49-418A, 49-418B, 49-418C, 49-419, 49-419A, 49-420, 49-420A,
 30    and  49-420B and 49-420C, Idaho Code, there shall be an initial program fee of
 31    thirty-five dollars ($35.00) and an annual program fee of twenty-five  dollars
 32    ($25.00). The fees contained in this subsection shall be applicable to all new
 33    special  plate  programs.  The  initial program fee and the annual program fee
 34    shall be deposited in the state highway account and shall be used to fund  the
 35    cost  of  administration  of  special license plate programs, unless otherwise
 36    specified by law.
 37        SECTION 2.  That Section 49-402C, Idaho Code, be, and the same  is  hereby
 38    amended to read as follows:
 40    DESIGN. (1) It is the intent of the legislature that  special  license  plates
 41    issued  by  the department be readily recognizable as plates from the state of
 42    Idaho without losing the uniqueness for which the special plate  was  designed
 43    and  purchased.  In  addition,  the  legislature finds that the department can
 44    operate in a more  efficient,  cost-effective  manner  by  conforming  special
 45    plates to a basic color and design.
 46        (2)  No  special  license  plates and no special license plate programs in
 47    existence on or before June 30, 1998, shall be affected by the  provisions  of
 48    this section. On and after July 1, 1998, any new special license plate program
 49    authorized or any redesign of an existing special license plate, shall use the
 50    same  red,  white  and blue background as the standard issue of license plates
 51    described in section 49-443, Idaho Code, except that:
 52        (a)  The identification of county shall be omitted;
 53        (b)  The word "Idaho" shall appear on every plate;
  1        (c)  The inscription "Scenic Idaho" may  be  omitted  without  legislative
  2        consideration and approval; and
  3        (d)  No slogan shall be used that infringes upon, dilutes or compromises,
  4        or  could  be  perceived  to  infringe  upon,  dilute  or  compromise, the
  5        trademarks of the state of Idaho, including, but not  limited  to,  "Idaho
  6        Potatoes    ,"  "Grown in Idaho   ," "Famous Idaho Potatoes   " or "Famous
  7        Potatoes   ."
  8    The provisions of this section shall not apply  to  the  second  plate  design
  9    issued pursuant to the provisions of section 49-417, Idaho Code.
 10        (3)  Any redesign required for a special plate to conform with legislative
 11    intent  and  the provisions of this section may be done in a manner similar to
 12    that used to produce the original design.
 13        (4)  The special plates shall conform in all other respects with the  pro-
 14    visions  of  section  49-443, Idaho Code, relating to visibility requirements,
 15    display of registration number, time period for validity of plates, and reser-
 16    vation of plate numbers.
 17        (5)  No special license plates shall be issued to motor  vehicles  with  a
 18    registered  maximum  gross  weight  in  excess of twenty-six thousand (26,000)
 19    pounds, or any motor vehicle registered under section 49-434(5),  Idaho  Code,
 20    or section 49-435, Idaho Code.
 21        (6)  Following an introductory period of two three (23) years during which
 22    the  provisions  of this subsection shall not apply, if, for during both years
 23    of any following two (2) consecutive years, fewer than  one  thousand  (1,000)
 24    plates  are  issued per in each of those two (2) consecutive years, for a spe-
 25    cial license plate program, the department shall so advise the legislature and
 26    assist the legislature in adopting appropriate action to discontinue that spe-
 27    cial license plate program and no new plates shall be  issued  nor  shall  any
 28    existing  plate be renewed upon its expiration. The provisions of this subsec-
 29    tion shall apply only to sections 49-416, 49-417, 49-417A,  49-417B,  49-417C,
 30    49-418A, 49-418B, 49-418C, 49-419, 49-419A, 49-420, 49-420B and any other spe-
 31    cial license plate programs created on and after July 1, 1998 2002.
 32        SECTION  3.  That  Chapter  4,  Title  49, Idaho Code, be, and the same is
 33    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 34    ignated as Section 49-420C, Idaho Code, and to read as follows:
 35        49-420C.  PEACE OFFICER MEMORIAL PLATES. (1) On and after January 1, 2003,
 36    any  person  who  is the owner of a vehicle registered under the provisions of
 37    section 49-402, Idaho Code, or registered under any other section of  law  for
 38    which  the  purchase  of  special  plates  is allowed, may apply for and, upon
 39    department approval, receive special peace officer memorial license plates  in
 40    lieu of regular license plates. The provisions of this section shall not apply
 41    to any vehicle with a registered maximum gross weight over twenty-six thousand
 42    (26,000)  pounds.  Availability  of  peace officer memorial license plates for
 43    other vehicles shall be subject to the rules, policies and procedures  of  the
 44    department.
 45        (2)  In  addition  to  the regular registration fee required in chapter 4,
 46    title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dol-
 47    lars ($35.00) for the initial issuance  of  plates,  and  twenty-five  dollars
 48    ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the
 49    initial  fee and ten dollars ($10.00) of the renewal fee shall be deposited in
 50    the state highway account and shall be used to fund the cost of administration
 51    of this special license plate program. Twenty-five dollars  ($25.00)  of  each
 52    initial  fee  and fifteen dollars ($15.00) of each renewal fee shall be trans-
 53    ferred by the state treasurer to the Idaho peace officers memorial fund in the
  1    Idaho community foundation, and shall be used exclusively for  the  Idaho  law
  2    enforcement  memorial  and  families  of  peace officers killed in the line of
  3    duty.
  4        (3)  Whenever title or interest in a vehicle registered under  the  provi-
  5    sions  of  this section is transferred or assigned, the owner may transfer the
  6    special plates to another vehicle upon payment of the required transfer  fees.
  7    The  owner  may only display the plates on another vehicle upon receipt of the
  8    new registration from the department.
  9        (4)  The peace officer memorial license plate shall  be  of  a  color  and
 10    design  in  accordance with the provisions of section 49-402C, Idaho Code. The
 11    distinguishing feature of the license plate shall be a representation  of  the
 12    Idaho  peace  officer  memorial  logo.  The design and any slogan on the plate
 13    shall be acceptable to the Idaho peace officer memorial board,  and  shall  be
 14    approved  by  the department utilizing a numbering system as determined by the
 15    department. Initial costs of the  plate  program,  including  costs  of  plate
 16    design, shall be paid by the Idaho police chiefs association.
 17        (5)  Sample  peace  officer memorial license plates may be purchased for a
 18    fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be  depos-
 19    ited  in  the state highway account and twenty dollars ($20.00) of which shall
 20    be transferred to the Idaho peace officers memorial fund in the  Idaho  commu-
 21    nity  foundation.  No additional fee shall be charged for personalizing sample
 22    plates.
 23        SECTION 4.  Section 2 of this act shall be in full force and effect on and
 24    after July 1, 2002; and Sections 1 and 3 of this act shall be  in  full  force
 25    and effect on and after January 1, 2003.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 11679C2

The purpose of this legislation is to add a new section creating 
a Peace Officer Memorial Plate, with special license plate program 
fees of $35.00 upon initial issuance and $25.00 upon renewal, in 
addition to regular registration fees. $25.00 of the initial 
issuance fee and $15.00 of the renewal fee will be deposited in 
the Idaho Peace Officers Memorial Fund, in the Idaho Community 
Foundation, to be used for the Idaho law enforcement memorial and 
families of peace officers killed in the line of duty.

The amendments to Section 49-402C(6) shall require the department 
to discontinue the following special license plate programs: 
Centennial, Wildlife, Timber, Agriculture, Potato, College & 
University, Youth, Firefighter, Snowskiier, Sawtooth, Snowmobile, 
and Lewis & Clark, if after a three-year introductory per~tod, 
the program in any following consecutive two-year period, plate 
issuance falls below 1,000 in both consecutive years. These 
amendments shall also apply to any new special plate programs 
created on or after July 1, 2002.

                          FISCAL IMPACT

Initial costs of the program; i.e., programming costs and costs to 
develop the plate design, will be borne by the Idaho Police Chiefs 
Association. The programming costs are estimated between $3,575 and 
$4,290. There appears to be no additional negative cost impact to 
the department.

Name:	Senator Lodge
Phone:	332-1335
Additional contact:
Mike Becar, POST Academy