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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
]]]] 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4 FEES AND TO DELETE A REFERENCE TO A REPEALED CODE SECTION; AND AMENDING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
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