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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
]]]] 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
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