2005 Legislation
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HOUSE BILL NO. 182 – MV operating fees, failure to pay

HOUSE BILL NO. 182

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Bill Status



H0182.........................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - Amends existing law relating to motor vehicle operating
fees and penalties to clarify penalties for failure to pay operating fees;
and to provide penalties for failure to pay vehicle operating fees and for
exceeding the registered gross weight or permitted maximum registered gross
weight of a vehicle.
                                                                        
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Transp
03/01    Rpt out - rec d/p - to 2nd rdg
03/02    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 66-1-3
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Jones, Kemp, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood,
      Mr. Speaker
      NAYS -- Barrett
      Absent and excused -- Cannon, Lake, Stevenson
    Floor Sponsor - Mitchell
    Title apvd - to Senate
03/08    Senate intro - 1st rdg - to Transp
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/21    3rd rdg - PASSED - 29-0-5, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
      Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee,
      McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet
      NAYS -- None
      Absent and excused -- Burtenshaw, Coiner, Malepeai, Werk, Williams,
      (District 21 seat vacant)
    Floor Sponsor - Marley
    Title apvd - to House
03/22    To enrol
03/23    Rpt enrol - Sp signed
03/24    Pres signed - To Governor
03/28    Governor signed
         Session Law Chapter 182
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 182
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLE  OPERATING  FEES  AND  PENALTIES;  AMENDING  SECTION
  3        49-434A,  IDAHO  CODE,  TO  CLARIFY PENALTIES FOR FAILURE TO PAY OPERATING
  4        FEES AND TO DELETE A REFERENCE TO A REPEALED CODE  SECTION;  AND  AMENDING
  5        SECTION 49-1013, IDAHO CODE, TO PROVIDE PENALTIES FOR FAILURE TO PAY VEHI-
  6        CLE  OPERATING  FEES AND FOR EXCEEDING THE REGISTERED GROSS WEIGHT OR PER-
  7        MITTED MAXIMUM REGISTERED GROSS WEIGHT OF A VEHICLE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 49-434A, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
                                                                        
 11        49-434A.  PENALTIES  FOR  FAILURE TO PAY OPERATING FEES. Any motor vehicle
 12    or combination of vehicles owned by a nonresident and operated  in  Idaho  for
 13    which  the  proper registration and operating fees in Idaho have not been paid
 14    under the provisions of section 49-432, 49-433, 49-434 or 49-435, Idaho  Code,
 15    shall  have committed a misdemeanor punishable as provided in section 49-1013,
 16    Idaho Code, and shall, upon discovery, be subject to the following  additional
 17    penalties:
 18        Seizure and detention for up to seventy-two (72) hours by any law enforce-
 19    ment  agency or port of entry personnel of the vehicle and its entire cargo if
 20    the cargo does not consist of perishable food products or livestock;
 21        (1)  Release from detention shall be accomplished only by presentation  of
 22    proper evidence that the applicable fees have been paid; or
 23        (2)  Off-loading  of  any  cargo  onto  a properly licensed and registered
 24    vehicle.
                                                                        
 25        SECTION 2.  That Section 49-1013, Idaho Code, be, and the same  is  hereby
 26    amended to read as follows:
                                                                        
 27        49-1013.  PENALTIES  FOR  VIOLATIONS. (1) It shall be unlawful and consti-
 28    tute a misdemeanor for any person to violate any of  the  provisions  of  this
 29    chapter, except that violations of law as specified in paragraphs (a), (b) and
 30    (c) of subsection (3) of this section shall constitute an infraction.
 31        (2)  Persons  convicted  of  violations  of  the  provisions  of  sections
 32    49-434A,  49-1003 and 49-1006 through 49-1012, Idaho Code, shall be subject to
 33    punishment by a fine of not to exceed  three  hundred  dollars  ($300)  or  by
 34    imprisonment  in  the  county  jail for not more than thirty (30) days or by a
 35    combination of such fine and imprisonment.
 36        (3)  Persons convicted of violations of the provisions of sections 49-438,
 37    49-1001, 49-1002, 49-1004 and 49-1005, Idaho Code, shall be subject to a  pen-
 38    alty as prescribed herein:
 39        (a)  One (1) pound through one thousand (1,000) pounds overweight shall be
 40        five dollars ($5.00) and shall constitute an infraction.
 41        (b)  One  thousand  one (1,001) pounds through two thousand (2,000) pounds
                                                                        
                                           2
                                                                        
  1        overweight shall be fifteen  dollars  ($15.00)  and  shall  constitute  an
  2        infraction.
  3        (c)  Two  thousand one (2,001) pounds through four thousand (4,000) pounds
  4        overweight shall be twenty-five dollars ($25.00) and shall  constitute  an
  5        infraction.
  6        (d)  Four  thousand  one  (4,001) pounds through fifteen thousand (15,000)
  7        pounds  overweight shall be twenty-five dollars ($25.00) plus  $.1341  per
  8        pound  for  each  additional pound over four thousand (4,000) pounds over-
  9        weight.
 10        (e)  Fifteen thousand one (15,001) pounds through twenty thousand (20,000)
 11        pounds overweight shall be one thousand five hundred dollars ($1,500) plus
 12        twenty cents ($.20) per pound for each additional pound over fifteen thou-
 13        sand (15,000) pounds overweight.
 14        (f)  Twenty thousand one (20,001) pounds and greater shall be two thousand
 15        five hundred dollars ($2,500) plus thirty cents ($.30) per pound for  each
 16        additional pound over twenty thousand (20,000) pounds overweight.
 17        (g)  In  addition  to the penalties specified in this subsection, one hun-
 18        dred fifty dollars ($150) for failure to deploy a variable load suspension
 19        axle which results in adjacent axles exceeding  allowable  weight  by  two
 20        thousand one (2,001) pounds or more.
 21        (4)  Persons  convicted  of an infraction or misdemeanor for violating two
 22    (2) or more of the provisions of section 49-1001, 49-1002  or  49-1004,  Idaho
 23    Code, at any one (1) time shall be assessed the full amount of the penalty for
 24    the  primary  violation.  In addition to the assessment of the penalty for the
 25    primary violation, the person convicted of an infraction or misdemeanor  shall
 26    be  assessed a penalty of ten dollars ($10.00) for each additional misdemeanor
 27    conviction or five dollars ($5.00) for each additional infraction  for  viola-
 28    tions  of  section  49-1001,  49-1002 or 49-1004, Idaho Code, committed at the
 29    same time.
 30        (5)  All moneys collected as a result of the penalties prescribed in  sub-
 31    sections (3) and (4) of this section, shall be deposited into the highway dis-
 32    tribution account.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14963

This legislation will amend Section 49-434A, Idaho Code, to
provide consistent penalties for commercial motor vehicles that
fail to register.


                            FISCAL NOTE

Providing consistent penalties for registration violations will
encourage greater motor carrier compliance thereby allowing the
department to collect revenues lost to noncompliance of
registration laws.  The Idaho Transportation Department estimates
that this change will collect approximately $400,000.00 annually
from revenue owed for truck registrations.  The revenue would be
deposited to the Highway Distribution Account as follows:

State Highway Account    57%     $228,000
Law Enforcement           5%     $ 20,000
Locals                   38%     $152,000



Contact
Name:  Rep. Mike Mitchell 
Phone: 332-1000
Name:  Alan Frew, ITD
Phone: 334-8809


STATEMENT OF PURPOSE/FISCAL NOTE                      H 182