2004 Legislation
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SENATE BILL NO. 1212 – License plate/motorcycle/veteran

SENATE BILL NO. 1212

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Bill Status



S1212.............................................................by BAILEY
LICENSE PLATES - Amends and adds to existing law to establish a special
military veteran motorcycle license plate program.
                                                                        
01/20    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1212
                                                                        
                                         BY BAILEY
                                                                        
  1                                        AN ACT
  2    RELATING TO SPECIAL MOTORCYCLE LICENSE PLATES; AMENDING SECTION 49-402,  IDAHO
  3        CODE,  TO  PROVIDE  A  CODE  REFERENCE AND TO MAKE A TECHNICAL CORRECTION;
  4        AMENDING SECTION 49-402C, IDAHO  CODE,  TO  EXEMPT  THE  MILITARY  VETERAN
  5        MOTORCYCLE  LICENSE PLATE PROGRAM FROM THE PROVISIONS WHICH REQUIRE A SPE-
  6        CIAL PLATE PROGRAM TO BE DISCONTINUED UNDER CERTAIN CONDITIONS AND TO MAKE
  7        A TECHNICAL CORRECTION; AMENDING CHAPTER 4, TITLE 49, IDAHO CODE,  BY  THE
  8        ADDITION OF A NEW SECTION 49-418D, IDAHO CODE, TO ESTABLISH A SPECIAL MIL-
  9        ITARY VETERAN MOTORCYCLE LICENSE PLATE PROGRAM; AND PROVIDING AN EFFECTIVE
 10        DATE.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That  Section  49-402, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        49-402.  ANNUAL REGISTRATION. (1) The annual fee for operating each pickup
 15    truck and each other motor vehicle having a maximum gross weight not in excess
 16    of eight thousand (8,000) pounds shall be:
 17        Vehicles one (1) and two (2) years old ............................ $48.00
 18        Vehicles three (3) and four (4) years old ......................... $36.00
 19        Vehicles five (5) and six (6) years old ........................... $36.00
 20        Vehicles seven (7) and eight (8) years old ........................ $24.00
 21        Vehicles over eight (8) years old ................................. $24.00
 22        There shall be twelve (12) registration periods, starting in  January  for
 23    holders of validation registration stickers numbered 1, and proceeding consec-
 24    utively  through December for holders of validation registration stickers num-
 25    bered 12, each of which shall start on the first day of a calendar  month  and
 26    end  on  the last day of the twelfth month from the first day of the beginning
 27    month. Registration periods shall expire midnight on the last day of the  reg-
 28    istration  period  in  the  year  designated  by  the  validation registration
 29    sticker. The numeral digit on the validation registration stickers  shall,  as
 30    does  the  registration  card, fix the registration period under the staggered
 31    plate system of Idaho for the purpose of reregistration and notice of  expira-
 32    tion.
 33        A  vehicle  that  has once been registered for any of the above designated
 34    periods shall, upon reregistration, be registered for the period  bearing  the
 35    same  number,  and the registration card shall show and be the exclusive proof
 36    of the expiration date of registration and licensing.  Vehicles  may  be  ini-
 37    tially registered for less than a twelve (12) month period, or for more than a
 38    twelve (12) month period, and the fee prorated on a monthly basis if the frac-
 39    tional  registration tends to fulfill the purpose of the monthly series regis-
 40    tration system.
 41        (2)  For all school buses operated either by a nonprofit, nonpublic school
 42    or operated pursuant to a service contract with a school district  for  trans-
 43    porting  children  to  or  from  school  or in connection with school approved
                                                                        
                                           2
                                                                        
  1    activities, the annual fee shall be twenty-four dollars ($24.00).
  2        (3)  For all motorcycles and all-terrain vehicles operated upon the public
  3    highways the annual fee shall be nine dollars ($9.00).  For  operation  of  an
  4    all-terrain  vehicle  or motorcycle off the public highways, the fee specified
  5    in section 67-7122, Idaho Code, shall  be paid. Registration  exemptions  pro-
  6    vided  in section 49-426(2) and (3), Idaho Code, apply to all-terrain vehicles
  7    and motorcycles used for the purposes described in subsections (2) and (3)  of
  8    section 49-426, Idaho Code.
  9        (4)  For  all  motor homes the fee shall be as specified in subsection (1)
 10    of this section and shall be in addition to the fees provided for  in  section
 11    49-445, Idaho Code.
 12        (5)  Registration fees shall not be subject to refund.
 13        (6)  A  financial  institution  or  repossession  service  contracted to a
 14    financial institution repossessing vehicles under  the  terms  of  a  security
 15    agreement  shall move the vehicle from the place of repossession to the finan-
 16    cial institution's place of business on a repossession plate. The repossession
 17    plate shall also be used for demonstrating the vehicle to a  prospective  pur-
 18    chaser for a period not to exceed ninety-six (96) hours. The registration fees
 19    for repossession plates shall be as required in subsection (1) of this section
 20    for  a  vehicle  one  (1) and two (2) years old. All other fees required under
 21    chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
 22    The repossession plate shall be issued on an annual basis by the department.
 23        (7)  In addition to the annual registration fee  in  this  section,  there
 24    shall  be an initial program fee of twenty-five dollars ($25.00) and an annual
 25    program fee of fifteen dollars ($15.00) for all special license plate programs
 26    for those license plates issued pursuant to sections 49-404A, 49-407,  49-408,
 27    49-409, 49-414, 49-416, and 49-418 and 49-418D, Idaho Code. For special plates
 28    issued  pursuant to sections 49-406 and 49-406A, Idaho Code, there shall be an
 29    initial program fee of twenty-five dollars ($25.00)  but  there  shall  be  no
 30    annual  renewal  fee.  For  special plates issued pursuant to sections 49-417,
 31    49-417A,  49-417B,  49-417C,  49-418A,  49-418B,  49-418C,   49-419,  49-419A,
 32    49-419B, 49-419C, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, and 49-420E  and
 33    49-420G, Idaho Code, there shall be an initial program fee of thirty-five dol-
 34    lars  ($35.00)  and an annual program fee of twenty-five dollars ($25.00). The
 35    fees contained in this subsection shall be applicable to all new special plate
 36    programs. The initial program fee and the annual program fee shall  be  depos-
 37    ited in the state highway account and shall be used to fund the cost of admin-
 38    istration  of  special  license  plate programs, unless otherwise specified by
 39    law.
                                                                        
 40        SECTION 2.  That Section 49-402C, Idaho Code, be, and the same  is  hereby
 41    amended to read as follows:
                                                                        
 42        49-402C.  SPECIAL  LICENSE  PLATE PROGRAMS -- STANDARDIZED PLATE COLOR AND
 43    DESIGN. (1) It is the intent of the legislature that  special  license  plates
 44    issued  by  the department be readily recognizable as plates from the state of
 45    Idaho without losing the uniqueness for which the special plate  was  designed
 46    and  purchased.  In  addition,  the  legislature finds that the department can
 47    operate in a more  efficient,  cost-effective  manner  by  conforming  special
 48    plates to a basic color and design.
 49        (2)  No  special  license  plates and no special license plate programs in
 50    existence on or before June 30, 1998, shall be affected by the  provisions  of
 51    this section. On and after July 1, 1998, any new special license plate program
 52    authorized or any redesign of an existing special license plate, shall use the
 53    same  red,  white  and blue background as the standard issue of license plates
                                                                        
                                           3
                                                                        
  1    described in section 49-443, Idaho Code, except that:
  2        (a)  The identification of county shall be omitted;
  3        (b)  The word "Idaho" shall appear on every plate;
  4        (c)  The inscription "Scenic Idaho" may  be  omitted  without  legislative
  5        consideration and approval; and
  6        (d)  No  slogan shall be used that infringes upon, dilutes or compromises,
  7        or could  be  perceived  to  infringe  upon,  dilute  or  compromise,  the
  8        trademarks  of  the  state of Idaho, including, but not limited to, "Idaho
  9        Potatoes   ," "Grown in Idaho   ," "Famous Idaho Potatoes   "  or  "Famous
 10        Potatoes   ."
 11    The  provisions  of  this  section shall not apply to the plate designs issued
 12    pursuant to the provisions of section 49-417, Idaho Code.
 13        (3)  Any redesign required for a special plate to conform with legislative
 14    intent and the provisions of this section may be done in a manner  similar  to
 15    that used to produce the original design.
 16        (4)  The  special plates shall conform in all other respects with the pro-
 17    visions of section 49-443, Idaho Code, relating  to  visibility  requirements,
 18    display of registration number, time period for validity of plates, and reser-
 19    vation of plate numbers.
 20        (5)  No  special  license  plates shall be issued to motor vehicles with a
 21    registered maximum gross weight in  excess  of  twenty-six  thousand  (26,000)
 22    pounds,  or  any motor vehicle registered under section 49-434(5), Idaho Code,
 23    or section 49-435, Idaho Code.
 24        (6)  Following an introductory period of three (3) years during which  the
 25    provisions  of  this  subsection shall not apply, if, during both years of any
 26    following two (2) consecutive years, fewer than one  thousand  (1,000)  plates
 27    are  issued  in  each of those two (2) consecutive years, the department shall
 28    discontinue that special license plate program and  no  new  plates  shall  be
 29    issued nor shall any existing plate be renewed upon its expiration. The provi-
 30    sions  of  this  subsection  shall  apply to sections 49-416, 49-417, 49-417A,
 31    49-417B, 49-417C, 49-418A, 49-418B, 49-418C, 49-419, 49-419A, 49-420, 49-420B,
 32    Idaho Code, and any other special license plate programs created on and  after
 33    July  1,  2002. However, the provisions of this subsection (6) shall not apply
 34    to the military veteran motorcycle license plate program established  in  sec-
 35    tion 49-418D, Idaho Code.
                                                                        
 36        SECTION  3.  That  Chapter  4,  Title  49, Idaho Code, be, and the same is
 37    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 38    ignated as Section 49-418D, Idaho Code, and to read as follows:
                                                                        
 39        49-418D.  MILITARY VETERAN MOTORCYCLE LICENSE PLATE. (1) On and after Jan-
 40    uary 1, 2005, any person who is the owner of a motorcycle registered under the
 41    provisions  of  section  49-402, Idaho Code, may apply for and upon department
 42    approval receive a military veteran motorcycle license plate in lieu of a reg-
 43    ular motorcycle license plate.
 44        (2)  Proof of being a current or former member of the United States  armed
 45    forces  must  be  furnished to the department before a military veteran motor-
 46    cycle plate will be issued. Acceptable proof shall be a copy of form DD214  or
 47    an equivalent document or statement from the department of veterans affairs.
 48        (3)  In  addition  to  the  annual  registration  fee  required in section
 49    49-402(3), Idaho Code, the applicant shall be charged  a  fee  of  twenty-five
 50    dollars  ($25.00)  for  the  initial  issuance of a plate, and fifteen dollars
 51    ($15.00) upon each succeeding annual registration. Ten dollars ($10.00) of the
 52    initial program fee and ten dollars ($10.00) of the annual program  fee  shall
 53    be  deposited  in the state highway account and shall be used to fund the cost
                                                                        
                                           4
                                                                        
  1    of administration  of this special motorcycle license plate  program.  Fifteen
  2    dollars  ($15.00)  of  the initial program fee and five dollars ($5.00) of the
  3    annual program fee shall be deposited to  the  veterans  cemetery  maintenance
  4    fund  created  in  section 65-107, Idaho Code, to operate and maintain a state
  5    veterans cemetery.
  6        (4)  Whenever title or interest in a motorcycle registered under the  pro-
  7    visions of this section is transferred or assigned, the owner may transfer the
  8    special  plate  to  another  motorcycle  upon payment of the required transfer
  9    fees. The owner may only display the plate on another motorcycle upon  receipt
 10    of the new registration from the department.
 11        (5)  The military veteran motorcycle license plate shall be of a color and
 12    design:
 13        (a)  In  accordance  with  the  provisions of section 49-402C, Idaho Code,
 14        except that there shall be no decals to indicate the veteran's  branch  of
 15        service or the period of duty served; and
 16        (b)  The  plate  shall  display  the  words  "Scenic Idaho" at the top and
 17        "Veteran" at the bottom of the plate; and
 18        (c)  The license plate design shall comply with all  applicable  rules  of
 19        the  department,  and shall include a separate and distinct numbering sys-
 20        tem; and
 21        (d)  The design, color, and numbering system shall be subject to  approval
 22        of the department.
 23        (6)  The  special military veteran motorcycle license plate  program shall
 24    be exempt from the provisions of subsection  (6)  of  section  49-402C,  Idaho
 25    Code, which provides for discontinuation of a special license plate program.
                                                                        
 26        SECTION  4.  This act shall be in full force and effect on and after Janu-
 27    ary 1, 2005.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE
  
                               RS 13661
  
  Amends and adds to existing law to establish an Idaho veteran
  motorcycle license plate program to allow veterans with
  motorcycles to express their esprit de corps and assist in the
  funding of maintenance and operation for the Veteran Cemetery.
  
  
  
  
                             FISCAL IMPACT
  
  
  This bill has no fiscal impact on the general fund.
  
  
  
  
  Contact
  Name: Senator Kent Bailey Phone: 332-1000
  Name:  Representative Bonnie Douglas Phone: 332-1000
  Name:  Representative George Eskridge Phone: 332-1000
              
              
 STATEMENT OF PURPOSE/FISCAL NOTE                    S 1212