2004 Legislation
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SENATE BILL NO. 1311 – License plate, school transp safety

SENATE BILL NO. 1311

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Bill Status



S1311.....................................................by TRANSPORTATION
LICENSE PLATE - SCHOOL TRANSPORTATION SAFETY AWARENESS - Adds to and amends
existing law to establish the Idaho School Transportation Safety Awareness
license plate program; and to create the Pupil Transportation Support
Program Fund with funds continuously appropriated to the State Department
of Education to be used for educational programs promoting school
transportation safety and awareness.
                                                                        
02/13    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Transp
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 24-8-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Compton(Duncan), Darrington, Davis, Gannon, Goedde, Ingram, Kennedy,
      Keough, Malepeai, McKenzie, McWilliams, Noh, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Werk
      NAYS -- Calabretta, Geddes, Little, Lodge, Noble(Anderson), Pearce,
      Sweet, Williams
      Absent and excused -- Cameron, Hill, Marley
    Floor Sponsor - Ingram
    Title apvd - to House
03/02    House intro - 1st rdg - to Transp
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 39-18-13
      AYES -- Andersen, Barraclough, Bauer, Black, Block, Boe, Cannon,
      Collins, Cuddy, Denney, Douglas, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Henbest, Jones, Langford, Langhorst,
      Martinez, Meyer, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart,
      Ring, Ringo, Robison, Sayler, Shepherd, Shirley, Skippen, Smith(30),
      Smylie, Trail, Wills
      NAYS -- Barrett, Bayer, Bolz, Bradford, Campbell, Clark, Eberle,
      Harwood, Kellogg, Lake, McGeachin, McKague, Roberts, Rydalch, Sali,
      Smith(24), Snodgrass, Wood
      Absent and excused -- Bedke, Bell, Crow, Deal, Gagner, Jaquet,
      Kulczyk, Moyle, Raybould, Ridinger, Schaefer, Stevenson, Mr. Speaker
    Floor Sponsor - Bauer
    Title apvd - to Senate
03/16    To enrol
03/17    Rpt enrol - Pres signed
03/18    Sp signed
03/19    To Governor
03/24    Governor signed
         Session Law Chapter 301
         Effective: 01/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1311
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SPECIAL MOTOR VEHICLE LICENSE PLATES; AMENDING CHAPTER  15,  TITLE
  3        33,  IDAHO  CODE, BY THE ADDITION OF A NEW SECTION 33-1513, IDAHO CODE, TO
  4        CREATE THE PUPIL TRANSPORTATION SUPPORT PROGRAM FUND,  TO  PROVIDE  MONEYS
  5        FOR  THE  FUND  AND  TO  PROVIDE  FOR  USE OF THE MONEYS; AMENDING SECTION
  6        49-402, IDAHO CODE, TO PROVIDE A CODE REFERENCE TO  PROGRAM  FEES  AND  TO
  7        MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-402C, IDAHO CODE, TO PRO-
  8        VIDE  AN EXCEPTION TO VEHICLE WEIGHT LIMITATIONS FOR SPECIAL LICENSE PLATE
  9        PROGRAMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING CHAPTER 4, TITLE 49,
 10        IDAHO CODE, BY THE ADDITION OF A  NEW  SECTION  49-419D,  IDAHO  CODE,  TO
 11        ESTABLISH  THE  IDAHO SCHOOL TRANSPORTATION SAFETY AWARENESS LICENSE PLATE
 12        PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Chapter 15, Title 33, Idaho Code, be,  and  the  same  is
 15    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 16    ignated as Section 33-1513, Idaho Code, and to read as follows:
                                                                        
 17        33-1513.  PUPIL TRANSPORTATION SUPPORT PROGRAM FUND. (1) In order to  pro-
 18    mote  school  transportation  safety and awareness in Idaho and to help defray
 19    costs associated with Idaho's oversight of the statewide pupil  transportation
 20    support  program,  there  is  hereby  created in the state treasury the "Pupil
 21    Transportation Support Program Fund" to which shall be credited:
 22        (a)  Moneys as provided by special license plate program fees pursuant  to
 23        section 49-419D, Idaho Code; and
 24        (b)  All other moneys as may be provided by law; and
 25        (c)  Interest  earned  on the investment of idle moneys in the fund, which
 26        shall be paid to the pupil transportation support program fund.
 27        (2)  Moneys in the fund shall be continuously appropriated to the  depart-
 28    ment  of  education,  and  any moneys remaining in the fund at the end of each
 29    fiscal year shall not be appropriated to any other fund.
 30        (3)  Moneys in the fund shall only be used for educational  programs  pro-
 31    moting  school  transportation  safety  and  awareness;  provided however, the
 32    department of education is authorized to retain a portion of the moneys not to
 33    exceed ten percent (10%) of annual revenues, to help defray  costs  associated
 34    with  the  implementation, administration and oversight of the statewide pupil
 35    transportation support program.
                                                                        
 36        SECTION 2.  That Section 49-402, Idaho Code, be, and the  same  is  hereby
 37    amended to read as follows:
                                                                        
 38        49-402.  ANNUAL REGISTRATION. (1) The annual fee for operating each pickup
 39    truck and each other motor vehicle having a maximum gross weight not in excess
 40    of eight thousand (8,000) pounds shall be:
 41        Vehicles one (1) and two (2) years old ............................ $48.00
                                                                        
                                           2
                                                                        
  1        Vehicles three (3) and four (4) years old ......................... $36.00
  2        Vehicles five (5) and six (6) years old ........................... $36.00
  3        Vehicles seven (7) and eight (8) years old ........................ $24.00
  4        Vehicles over eight (8) years old ................................. $24.00
  5        There  shall  be twelve (12) registration periods, starting in January for
  6    holders of validation registration stickers numbered 1, and proceeding consec-
  7    utively through December for holders of validation registration stickers  num-
  8    bered  12,  each of which shall start on the first day of a calendar month and
  9    end on the last day of the twelfth month from the first day of  the  beginning
 10    month.  Registration periods shall expire midnight on the last day of the reg-
 11    istration period  in  the  year  designated  by  the  validation  registration
 12    sticker.  The  numeral digit on the validation registration stickers shall, as
 13    does the registration card, fix the registration period  under  the  staggered
 14    plate  system of Idaho for the purpose of reregistration and notice of expira-
 15    tion.
 16        A vehicle that has once been registered for any of  the  above  designated
 17    periods  shall,  upon reregistration, be registered for the period bearing the
 18    same number, and the registration card shall show and be the  exclusive  proof
 19    of  the  expiration  date  of registration and licensing. Vehicles may be ini-
 20    tially registered for less than a twelve (12) month period, or for more than a
 21    twelve (12) month period, and the fee prorated on a monthly basis if the frac-
 22    tional registration tends to fulfill the purpose of the monthly series  regis-
 23    tration system.
 24        (2)  For all school buses operated either by a nonprofit, nonpublic school
 25    or  operated  pursuant to a service contract with a school district for trans-
 26    porting children to or from school  or  in  connection  with  school  approved
 27    activities, the annual fee shall be twenty-four dollars ($24.00).
 28        (3)  For all motorcycles and all-terrain vehicles operated upon the public
 29    highways  the  annual  fee  shall be nine dollars ($9.00). For operation of an
 30    all-terrain vehicle or motorcycle off the public highways, the  fee  specified
 31    in  section  67-7122,  Idaho Code, shall be paid. Registration exemptions pro-
 32    vided in section 49-426(2) and (3), Idaho Code, apply to all-terrain  vehicles
 33    and  motorcycles used for the purposes described in subsections (2) and (3) of
 34    section 49-426, Idaho Code.
 35        (4)  For all motor homes the fee shall be as specified in  subsection  (1)
 36    of  this  section and shall be in addition to the fees provided for in section
 37    49-445, Idaho Code.
 38        (5)  Registration fees shall not be subject to refund.
 39        (6)  A financial institution  or  repossession  service  contracted  to  a
 40    financial  institution  repossessing  vehicles  under  the terms of a security
 41    agreement shall move the vehicle from the place of repossession to the  finan-
 42    cial institution's place of business on a repossession plate. The repossession
 43    plate  shall  also be used for demonstrating the vehicle to a prospective pur-
 44    chaser for a period not to exceed ninety-six (96) hours. The registration fees
 45    for repossession plates shall be as required in subsection (1) of this section
 46    for a vehicle one (1) and two (2) years old. All  other  fees  required  under
 47    chapter 4, title 49, Idaho Code, shall be in addition to the registration fee.
 48    The repossession plate shall be issued on an annual basis by the department.
 49        (7)  In  addition  to  the  annual registration fee in this section, there
 50    shall be an initial program fee of twenty-five dollars ($25.00) and an  annual
 51    program fee of fifteen dollars ($15.00) for all special license plate programs
 52    for  those license plates issued pursuant to sections 49-404A, 49-407, 49-408,
 53    49-409, 49-414, 49-416 and 49-418, Idaho Code. For special plates issued  pur-
 54    suant  to  sections  49-406 and 49-406A, Idaho Code, there shall be an initial
 55    program fee of twenty-five dollars ($25.00)  but  there  shall  be  no  annual
                                                                        
                                           3
                                                                        
  1    renewal  fee.  For special plates issued pursuant to sections 49-417, 49-417A,
  2    49-417B,  49-417C,  49-418A,  49-418B,  49-418C,  49-419,  49-419A,   49-419B,
  3    49-419C,  49-419D, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, and 49-420E and
  4    49-420G, Idaho Code, there shall be an initial program fee of thirty-five dol-
  5    lars ($35.00) and an annual program fee of twenty-five dollars  ($25.00).  The
  6    fees contained in this subsection shall be applicable to all new special plate
  7    programs.  The  initial program fee and the annual program fee shall be depos-
  8    ited in the state highway account and shall be used to fund the cost of admin-
  9    istration of special license plate programs,  unless  otherwise  specified  by
 10    law.
                                                                        
 11        SECTION  3.  That  Section 49-402C, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        49-402C.  SPECIAL LICENSE PLATE PROGRAMS -- STANDARDIZED PLATE  COLOR  AND
 14    DESIGN.  (1)  It  is the intent of the legislature that special license plates
 15    issued by the department be readily recognizable as plates from the  state  of
 16    Idaho  without  losing the uniqueness for which the special plate was designed
 17    and purchased. In addition, the legislature  finds  that  the  department  can
 18    operate  in  a  more  efficient,  cost-effective  manner by conforming special
 19    plates to a basic color and design.
 20        (2)  No special license plates and no special license  plate  programs  in
 21    existence  on  or before June 30, 1998, shall be affected by the provisions of
 22    this section. On and after July 1, 1998, any new special license plate program
 23    authorized or any redesign of an existing special license plate, shall use the
 24    same red, white and blue background as the standard issue  of  license  plates
 25    described in section 49-443, Idaho Code, except that:
 26        (a)  The identification of county shall be omitted;
 27        (b)  The word "Idaho" shall appear on every plate;
 28        (c)  The  inscription  "Scenic  Idaho"  may be omitted without legislative
 29        consideration and approval; and
 30        (d)  No slogan shall be used that infringes upon, dilutes or  compromises,
 31        or  could  be  perceived  to  infringe  upon,  dilute  or  compromise, the
 32        trademarks of the state of Idaho, including, but not  limited  to,  "Idaho
 33        Potatoes    ,"  "Grown in Idaho   ," "Famous Idaho Potatoes   " or "Famous
 34        Potatoes   ."
 35    The provisions of this section shall not apply to  the  plate  designs  issued
 36    pursuant to the provisions of section 49-417, Idaho Code.
 37        (3)  Any redesign required for a special plate to conform with legislative
 38    intent  and  the provisions of this section may be done in a manner similar to
 39    that used to produce the original design.
 40        (4)  The special plates shall conform in all other respects with the  pro-
 41    visions  of  section  49-443, Idaho Code, relating to visibility requirements,
 42    display of registration number, time period for validity of plates, and reser-
 43    vation of plate numbers.
 44        (5)  Unless otherwise specifically provided, nNo  special  license  plates
 45    shall  be  issued  to motor vehicles with a registered maximum gross weight in
 46    excess of twenty-six thousand (26,000) pounds, or any motor vehicle registered
 47    under section 49-434(5), Idaho Code, or section 49-435, Idaho Code.
 48        (6)  Following an introductory period of three (3) years during which  the
 49    provisions  of  this  subsection shall not apply, if, during both years of any
 50    following two (2) consecutive years, fewer than one  thousand  (1,000)  plates
 51    are  issued  in  each of those two (2) consecutive years, the department shall
 52    discontinue that special license plate program and  no  new  plates  shall  be
 53    issued nor shall any existing plate be renewed upon its expiration. The provi-
                                                                        
                                           4
                                                                        
  1    sions  of  this  subsection  shall  apply to sections 49-416, 49-417, 49-417A,
  2    49-417B, 49-417C, 49-418A, 49-418B, 49-418C, 49-419, 49-419A, 49-420, 49-420B,
  3    Idaho Code, and any other special license plate programs created on and  after
  4    July 1, 2002.
                                                                        
  5        SECTION  4.  That  Chapter  4,  Title  49, Idaho Code, be, and the same is
  6    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  7    ignated as Section 49-419D, Idaho Code, and to read as follows:
                                                                        
  8        49-419D.  IDAHO  SCHOOL TRANSPORTATION SAFETY AWARENESS PLATES. (1) On and
  9    after January 1, 2005, any person who is the owner  of  a  vehicle  registered
 10    under  the  provisions  of section 49-402, Idaho Code, or registered under any
 11    other section of law for which the purchase of special plates is allowed,  may
 12    apply  for  and, upon department approval, receive Idaho school transportation
 13    safety awareness license plates in lieu of regular license plates. The  provi-
 14    sions of this section shall not apply to any vehicle with a registered maximum
 15    gross  weight  over twenty-six thousand (26,000) pounds, with the exception of
 16    school buses registered in Idaho and operated exclusively  intrastate.  Avail-
 17    ability  of  Idaho  school  transportation safety awareness license plates for
 18    other vehicles shall be subject to the rules, policies and procedures  of  the
 19    department.
 20        (2)  In  addition  to  the regular registration fee required in chapter 4,
 21    title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dol-
 22    lars ($35.00) for the initial issuance  of  plates,  and  twenty-five  dollars
 23    ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the
 24    initial  fee and ten dollars ($10.00) of the renewal fee shall be deposited in
 25    the state highway account and shall be used to fund the cost of administration
 26    of this special license plate program. Twenty-five dollars  ($25.00)  of  each
 27    initial  fee  and fifteen dollars ($15.00) of each renewal fee shall be trans-
 28    ferred by the state treasurer to the pupil transportation support program fund
 29    created in section 33-1513, Idaho Code, and shall be used for educational pro-
 30    grams promoting school transportation safety and awareness, and to help defray
 31    costs associated with the implementation, administration and oversight of  the
 32    statewide pupil transportation support program.
 33        (3)  Whenever  title  or interest in a vehicle registered under the provi-
 34    sions of this section is transferred or assigned, the owner may  transfer  the
 35    special  plates to another vehicle upon payment of the required transfer fees.
 36    The owner may only display the plates on another vehicle upon receipt  of  the
 37    new registration from the department.
 38        (4)  The  Idaho school transportation safety awareness plate shall be of a
 39    color and design in accordance with the provisions of section  49-402C,  Idaho
 40    Code.  The  distinguishing feature of the license plate shall include a repre-
 41    sentation of a yellow school bus. The design and any slogan on the plate shall
 42    be acceptable to the state department of education. Initial costs of the plate
 43    program, including costs of plate design, shall be paid by the  state  depart-
 44    ment of education.
 45        (5)  Sample  Idaho  school  transportation safety awareness license plates
 46    may be purchased for a fee of thirty dollars ($30.00), ten dollars ($10.00) of
 47    which shall be deposited in the  state  highway  account  and  twenty  dollars
 48    ($20.00)  of  which  shall  be transferred to the pupil transportation support
 49    program fund created in section 33-1513, Idaho Code. No additional  fee  shall
 50    be charged for personalizing sample plates.
                                                                        
 51        SECTION  5.  This act shall be in full force and effect on and after Janu-
 52    ary 1, 2005.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14009

     The purpose of this legislation is to create the Pupil
Transportation Support Program Fund and to establish the Idaho
School Transportation Safety Awareness License Plate Program.  It
would promote school bus safety and awareness in Idaho and help
defray costs associated with Idaho's oversight of the statewide
pupil transportation support program.  In addition, it would
improve accountability of pupil transportation funds,  ensure
accurate, equitable and consistent reporting mechanisms by all
school districts, and would provide resources necessary for
appropriate oversight of Idaho's pupil transportation support
program.

                          FISCAL IMPACT

     There are currently over 3,000 school bus drivers in the
State of Idaho, many of which would purchase this specialized
license plate , endorsing school bus safety and their profession. 
There are approximately 3,000 registered school buses in the
State of Idaho, which could be required to display this
specialized plate thereby promoting school bus safety in the
State of Idaho.  It is anticipated that many parents of
elementary aged public school children would purchase this
specialized license plate.  Consequently, there would be no
negative impact to the state's general fund.  However, generated
funds could help defray costs associated with Idaho's, oversight
of the statewide pupil transportation support program, which
currently reimburses school districts 85% of approved
(reimbursable) costs.


Contact
Name: Senator Cecil Ingram 
Phone: 332-1315




STATEMENT OF PURPOSE/FISCAL NOTE                      S 1311