2003 Legislation
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SENATE BILL NO. 1080 – “Killed in action” license plate

SENATE BILL NO. 1080

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Daily Data Tracking History



S1080........................................................by TRANSPORTATION
KILLED IN ACTION LICENSE PLATE - Adds to and amends existing law to establish
the Idaho killed in action special license plate program.
                                                                        
02/07    Senate intro - 1st rdg - to printing
02/10    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1080
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SPECIAL MOTOR VEHICLE LICENSE PLATES; AMENDING  CHAPTER  4,  TITLE
  3        49,  IDAHO  CODE, BY THE ADDITION OF A NEW SECTION 49-403B, IDAHO CODE, TO
  4        ESTABLISH AN IDAHO KILLED IN ACTION SPECIAL LICENSE PLATE PROGRAM;  AMEND-
  5        ING  SECTION  49-402,  IDAHO  CODE, TO PROVIDE A CODE REFERENCE, TO MAKE A
  6        TECHNICAL CORRECTION AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SEC-
  7        TION 49-402C, IDAHO CODE, TO  PROVIDE  AN  EXCEPTION  FROM  THE  PROVISION
  8        REQUIRING DISCONTINUATION OF A SPECIAL LICENSE PLATE PROGRAM AND TO MAKE A
  9        TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Chapter  4,  Title  49, Idaho Code, be, and the same is
 12    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 13    ignated as Section 49-403B, Idaho Code, and to read as follows:
                                                                        
 14        49-403B.  IDAHO KILLED IN ACTION PLATES. (1) On and after January 1, 2004,
 15    any  person  who  qualifies as specified in subsection (2) of this section and
 16    who is the owner of a vehicle  registered  under  the  provisions  of  section
 17    49-402, Idaho Code, or registered under any other section of law for which the
 18    purchase  of  special  plates  is  allowed, may apply for and, upon department
 19    approval, receive special Idaho killed in action license  plates  in  lieu  of
 20    regular  license plates. The provisions of this section shall not apply to any
 21    vehicle with a  registered  maximum  gross  weight  over  twenty-six  thousand
 22    (26,000)  pounds.  Availability  of  Idaho killed in action license plates for
 23    other vehicles shall be subject to the rules, policies and procedures  of  the
 24    department.
 25        (2)  Idaho  killed in action license plates may be purchased and displayed
 26    on vehicles owned by any person who is related by marriage, adoption  or  con-
 27    sanguinity  within  the  second  degree to a member of the United States armed
 28    forces who was killed in action during his military service.  Proof  that  the
 29    relative  killed  in action was a member of the United States armed forces and
 30    that such relative was in fact killed in  action  must  be  furnished  to  the
 31    department  before  special  Idaho  killed  in  action  plates will be issued.
 32    Acceptable proof shall be a statement from the state division of veterans ser-
 33    vices or the federal department of veterans affairs so certifying such  facts.
 34    By  signing a form provided by the Idaho transportation department, the appli-
 35    cant shall certify that the applicant is related by marriage, adoption or con-
 36    sanguinity within the second degree  to  the  military  serviceman  killed  in
 37    action.
 38        (3)  In  addition  to  the regular registration fee required in chapter 4,
 39    title 49, Idaho Code, the applicant shall be charged a fee of twenty-five dol-
 40    lars ($25.00) for the initial issuance of plates, and fifteen dollars ($15.00)
 41    upon each succeeding annual registration. Ten dollars ($10.00) of the  initial
 42    fee  and  ten  dollars  ($10.00)  of the renewal fee shall be deposited in the
 43    state highway account and shall be used to fund the cost of administration  of
                                                                        
                                           2
                                                                        
  1    this  special  license plate program. Fifteen dollars ($15.00) of each initial
  2    fee and five dollars ($5.00) of each renewal fee shall be transferred  by  the
  3    state  treasurer for deposit to the veterans cemetery maintenance fund created
  4    in section 65-107, Idaho Code, and shall be used to  operate  and  maintain  a
  5    state veterans cemetery.
  6        (4)  Whenever  title  or interest in a vehicle registered under the provi-
  7    sions of this section is transferred or assigned, the owner may  transfer  the
  8    special  plates to another vehicle upon payment of the required transfer fees.
  9    The owner may only display the plates on another vehicle upon receipt  of  the
 10    new registration from the department.
 11        (5)  The  Idaho  killed  in  action  license plate shall be of a color and
 12    design in accordance with the provisions of section 49-402C, Idaho  Code,  but
 13    shall not be subject to subsection (6) of section 49-402C, Idaho Code, regard-
 14    ing  discontinuation  of  special plate programs. The design and any slogan on
 15    the plate shall be acceptable to the state division of veterans  services  and
 16    shall be approved by the Idaho transportation department utilizing a numbering
 17    system  as  determined  by the department. Initial costs of the plate program,
 18    including costs of plate design, shall be paid by the state division  of  vet-
 19    erans services.
 20        (6)  Sample  Idaho  killed in action license plates may be purchased for a
 21    fee of twenty dollars ($20.00), ten dollars ($10.00) of which shall be  depos-
 22    ited  in  the state highway account and ten dollars ($10.00) of which shall be
 23    transferred to the veterans cemetery maintenance fund and  shall  be  used  to
 24    operate  and  maintain  a  state veterans cemetery. No additional fee shall be
 25    charged for personalizing sample plates.
                                                                        
 26        SECTION 2.  That Section 49-402, Idaho Code, be, and the  same  is  hereby
 27    amended to read as follows:
                                                                        
 28        49-402.  ANNUAL REGISTRATION. (1) The annual fee for operating each pickup
 29    truck and each other motor vehicle having a maximum gross weight not in excess
 30    of eight thousand (8,000) pounds shall be:
 31        Vehicles one (1) and two (2) years old ............................ $48.00
 32        Vehicles three (3) and four (4) years old ......................... $36.00
 33        Vehicles five (5) and six (6) years old ........................... $36.00
 34        Vehicles seven (7) and eight (8) years old ........................ $24.00
 35        Vehicles over eight (8) years old ................................. $24.00
 36        There  shall  be twelve (12) registration periods, starting in January for
 37    holders of validation registration stickers numbered 1, and proceeding consec-
 38    utively through December for holders of validation registration stickers  num-
 39    bered  12,  each of which shall start on the first day of a calendar month and
 40    end on the last day of the twelfth month from the first day of  the  beginning
 41    month.  Registration periods shall expire midnight on the last day of the reg-
 42    istration period  in  the  year  designated  by  the  validation  registration
 43    sticker.  The  numeral digit on the validation registration stickers shall, as
 44    does the registration card, fix the registration period  under  the  staggered
 45    plate  system of Idaho for the purpose of reregistration and notice of expira-
 46    tion.
 47        A vehicle that has once been registered for any of  the  above  designated
 48    periods  shall,  upon reregistration, be registered for the period bearing the
 49    same number, and the registration card shall show and be the  exclusive  proof
 50    of  the  expiration  date  of registration and licensing. Vehicles may be ini-
 51    tially registered for less than a twelve (12) month period, or for more than a
 52    twelve (12) month period, and the fee prorated on a monthly basis if the frac-
 53    tional registration tends to fulfill the purpose of the monthly series  regis-
                                                                        
                                           3
                                                                        
  1    tration system.
  2        (2)  For all school buses operated either by a nonprofit, nonpublic school
  3    or  operated  pursuant to a service contract with a school district for trans-
  4    porting children to or from school  or  in  connection  with  school  approved
  5    activities, the annual fee shall be twenty-four dollars ($24.00).
  6        (3)  For all motorcycles and all-terrain vehicles operated upon the public
  7    highways  the  annual  fee  shall be nine dollars ($9.00). For operation of an
  8    all-terrain vehicle  or motorcycle off the public highways, the fee  specified
  9    in  section  67-7122,  Idaho Code, shall be paid. Registration exemptions pro-
 10    vided in section 49-426(2) and (3), Idaho Code, apply to all-terrain  vehicles
 11    and  motorcycles used for the purposes described in subsections (2) and (3) of
 12    section 49-426, Idaho Code.
 13        (4)  For all motor homes the fee shall be as specified in  subsection  (1)
 14    of  this  section and shall be in addition to the fees provided for in section
 15    49-445, Idaho Code.
 16        (5)  Registration fees shall not be subject to refund.
 17        (6)  A financial institution  or  repossession  service  contracted  to  a
 18    financial  institution  repossessing  vehicles  under  the terms of a security
 19    agreement shall move the vehicle from the place of repossession to the  finan-
 20    cial institution's place of business on a repossession plate. The repossession
 21    plate  shall  also be used for demonstrating the vehicle to a prospective pur-
 22    chaser for a period not to exceed ninety-six (96) hours. The registration fees
 23    for repossession plates shall be as required in subsection (1) of this section
 24    for a vehicle one (1) and two (2) years old. All  other  fees  required  under
 25    chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
 26    The repossession plate shall be issued on an annual basis by the department.
 27        (7)  In  addition  to  the  annual registration fee in this section, there
 28    shall be an initial program fee of twenty-five dollars ($25.00) and an  annual
 29    program fee of fifteen dollars ($15.00) for all special license plate programs
 30    for those license plates issued pursuant to sections 49-403B, 49-404A, 49-407,
 31    49-408,  49-409,  49-414,  49-416  and  49-418, Idaho Code. For special plates
 32    issued pursuant to sections 49-406 and 49-406A, Idaho Code, there shall be  an
 33    initial  program  fee  of  twenty-five  dollars ($25.00) but there shall be no
 34    annual renewal fee. For special plates issued  pursuant  to  sections  49-417,
 35    49-417A, 49-417B, 49-417C, 49-418A, 49-418B, 49-418C, 49-419, 49-419A, 49-420,
 36    49-420A, 49-420B, and 49-420C, 49-420D and 49-420E, Idaho Code, there shall be
 37    an  initial  program fee of thirty-five dollars ($35.00) and an annual program
 38    fee of twenty-five dollars ($25.00). The fees  contained  in  this  subsection
 39    shall be applicable to all new special plate programs. The initial program fee
 40    and the annual program fee shall be deposited in the state highway account and
 41    shall be used to fund the cost of administration of special license plate pro-
 42    grams, unless otherwise specified by law.
                                                                        
 43        SECTION  3.  That  Section 49-402C, Idaho Code, be, and the same is hereby
 44    amended to read as follows:
                                                                        
 45        49-402C.  SPECIAL LICENSE PLATE PROGRAMS -- STANDARDIZED PLATE  COLOR  AND
 46    DESIGN.  (1)  It  is the intent of the legislature that special license plates
 47    issued by the department be readily recognizable as plates from the  state  of
 48    Idaho  without  losing the uniqueness for which the special plate was designed
 49    and purchased. In addition, the legislature  finds  that  the  department  can
 50    operate  in  a  more  efficient,  cost-effective  manner by conforming special
 51    plates to a basic color and design.
 52        (2)  No special license plates and no special license  plate  programs  in
 53    existence  on  or before June 30, 1998, shall be affected by the provisions of
                                                                        
                                           4
                                                                        
  1    this section. On and after July 1, 1998, any new special license plate program
  2    authorized or any redesign of an existing special license plate, shall use the
  3    same red, white and blue background as the standard issue  of  license  plates
  4    described in section 49-443, Idaho Code, except that:
  5        (a)  The identification of county shall be omitted;
  6        (b)  The word "Idaho" shall appear on every plate;
  7        (c)  The  inscription  "Scenic  Idaho"  may be omitted without legislative
  8        consideration and approval; and
  9        (d)  No slogan shall be used that infringes upon, dilutes or  compromises,
 10        or  could  be  perceived  to  infringe  upon,  dilute  or  compromise, the
 11        trademarks of the state of Idaho, including, but not  limited  to,  "Idaho
 12        Potatoes    ,"  "Grown in Idaho   ," "Famous Idaho Potatoes   " or "Famous
 13        Potatoes   ."
 14    The provisions of this section shall not apply to  the  plate  designs  issued
 15    pursuant to the provisions of section 49-417, Idaho Code.
 16        (3)  Any redesign required for a special plate to conform with legislative
 17    intent  and  the provisions of this section may be done in a manner similar to
 18    that used to produce the original design.
 19        (4)  The special plates shall conform in all other respects with the  pro-
 20    visions  of  section  49-443, Idaho Code, relating to visibility requirements,
 21    display of registration number, time period for validity of plates, and reser-
 22    vation of plate numbers.
 23        (5)  No special license plates shall be issued to motor  vehicles  with  a
 24    registered  maximum  gross  weight  in  excess of twenty-six thousand (26,000)
 25    pounds, or any motor vehicle registered under section 49-434(5),  Idaho  Code,
 26    or section 49-435, Idaho Code.
 27        (6)  Following  an introductory period of three (3) years during which the
 28    provisions of this subsection shall not apply, if, during both  years  of  any
 29    following  two  (2)  consecutive years, fewer than one thousand (1,000) plates
 30    are issued in each of those two (2) consecutive years,  the  department  shall
 31    discontinue  that  special  license  plate  program and no new plates shall be
 32    issued nor shall any existing plate be renewed upon its expiration. The provi-
 33    sions of this subsection shall apply  to  sections  49-416,  49-417,  49-417A,
 34    49-417B, 49-417C, 49-418A, 49-418B, 49-418C, 49-419, 49-419A, 49-420, 49-420B,
 35    Idaho  Code, and any other special license plate programs created on and after
 36    July 1, 2002, except that the provisions of  this  subsection  (6)  shall  not
 37    apply  to  the  special  license plate program established in section 49-403B,
 38    Idaho Code.
                                                                        
 39        SECTION 4.  This act shall be in full force and effect on and after  Janu-
 40    ary 1, 2004.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12942
The purpose of this "Killed in Action" License Plate bill is to
provide recognition to those who have paid the ultimate price for
our freedom, and to recognize those families who have paid and
continue to pay that price for the sacrifice of having their
loved one Killed in Action.  The proposed legislation would allow
spouses, children, parents, siblings, grandchildren and
grandparents to purchase the "Killed in Action" plate, providing
recognition for their sacrifice and honoring their loved one who
paid that price.
The purpose of this plate is not to generate money.  It is simply
to provide recognition.  None the less revenue will be generated. 
Any revenue generated is designated to the Idaho Veterans
Cemetery.
                          FISCAL IMPACT
There is the cost of implementing and designing a new plate.  It
is anticipated sales will significantly exceed the cost.


Contact
Name:  Sen. Dean Cameron 
Phone: 334-4733
Rep.   Maxine Bell     334-4735
Rep.   Bert Stevenson  332-1240


STATEMENT OF PURPOSE/FISCAL NOTE                      S 1080