Print Friendly SENATE BILL NO. 1080 – “Killed in action” license plate
SENATE BILL NO. 1080
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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
|||| 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
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
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
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-
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-
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
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
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
There is the cost of implementing and designing a new plate. It
is anticipated sales will significantly exceed the cost.
Name: Sen. Dean Cameron
Rep. Maxine Bell 334-4735
Rep. Bert Stevenson 332-1240
STATEMENT OF PURPOSE/FISCAL NOTE S 1080