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H0037.........................................by TRANSPORTATION AND DEFENSE MOTOR VEHICLES - Amends existing law relating to registration of vehicles weighing over 8,000 pounds to delete the restrictions on the refund of registration fees due to a change in ownership; and to clarify that a change in registration due to an increase in maximum gross registered weight during a registration year shall not result in a refund of fees already paid. 01/22 House intro - 1st rdg - to printing 01/23 Rpt prt - to Transp 01/29 Rpt out - rec d/p - to 2nd rdg 01/30 2nd rdg - to 3rd rdg 01/31 3rd rdg - PASSED - 65-0-5 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Ruchti, Rusche, Sayler, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker NAYS -- None Absent and excused -- Block, Nielsen, Roberts, Schaefer, Wood(35) Floor Sponsor - Ruchti Title apvd - to Senate 02/01 Senate intro - 1st rdg - to Transp 02/07 Rpt out - rec d/p - to 2nd rdg 02/08 2nd rdg - to 3rd rdg 02/12 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- None Floor Sponsor - Keough Title apvd - to House 02/13 To enrol 02/14 Rpt enrol - Sp signed 02/15 Pres signed 02/16 To Governor 02/21 Governor signed Session Law Chapter 22 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 37 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO REGISTRATION OF VEHICLES WEIGHING OVER EIGHT THOUSAND POUNDS; 3 AMENDING SECTION 49-431, IDAHO CODE, TO DELETE THE RESTRICTIONS ON REFUND 4 OF REGISTRATION FEES DUE TO A CHANGE IN OWNERSHIP; AND AMENDING SECTION 5 49-437, IDAHO CODE, TO CLARIFY THAT A CHANGE IN REGISTRATION DUE TO AN 6 INCREASE IN MAXIMUM GROSS REGISTERED WEIGHT DURING A REGISTRATION YEAR 7 SHALL NOT RESULT IN A REFUND OF FEES ALREADY PAID AND TO MAKE A TECHNICAL 8 CORRECTION. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 49-431, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 49-431. ASSIGNMENT OR TRANSFER OF INTEREST -- PROCEDURE. (1) Whenever the 13 owner of a vehicle registered under the provisions of sections 49-402 and 14 49-402A, Idaho Code, transfers or assigns his title or interest thereto, the 15 registration card and license plate shall remain with and in the possession of 16 the transferor, and before the license plate shall be displayed upon another 17 vehicle owned by the transferor, the transferor shall have that vehicle regis- 18 tered as provided for in section 49-401A, Idaho Code. The transfer fees col- 19 lected shall be paid to the county treasurer where the vehicle is registered 20 and deposited in the county current expense fund or in the state highway 21 account if the transfer is made by the department. 22 (a) For all vehicles registered under the provisions of section 23 49-402(1), Idaho Code, the transferor shall pay the registration fee as 24 specified in that subsection less the registration fee already paid, plus 25 a transfer fee of five dollars ($5.00). If the transferor shall have an 26 older vehicle to be registered, the transferor shall pay a transfer fee of 27 five dollars ($5.00). 28 (b) For vehicles registered in accordance with subsections (2) through 29 (4) of section 49-402, Idaho Code, the operating fee shall be the fee 30 specified in those subsections, plus a transfer fee of five dollars 31 ($5.00). 32 (c) For utility trailers registered under the provisions of section 33 49-402A, Idaho Code, the original registration shall continue until its 34 expiration date, upon payment of a transfer fee of five dollars ($5.00). 35 (2) For all vehicles registered under the fee schedule in section 49-434, 36 Idaho Code, except proportionally registered vehicles under section 49-435, 37 Idaho Code, the transferor shall pay the registration fee as specified in that 38 section less the registration fee already paid, plus a transfer fee of five 39 dollars ($5.00).No portion of the fees previously paid shall be subject to40refund if the license plates and registration are not transferred to another41vehicle or if the registration fee previously paid is greater than the new42fee.43 (3) For all vehicles registered under section 49-435, Idaho Code, the 2 1 transferor shall pay the registration fee as specified in section 49-434, 2 Idaho Code, apportioned according to the provisions of section 49-435, Idaho 3 Code, less the apportioned fee previously paid plus a transfer fee of eight 4 dollars ($8.00).No portion of the registration fee previously paid shall be5subject to refund if the license plate or plates and registration are not6transferred to another vehicle or if the registration fee previously paid is7greater than the new fee.8 (4) In the event of a transfer by operation of law of the title or inter- 9 est of an owner in and to a vehicle registered as specified in sections 10 49-402, 49-402A, 49-434 and 49-435, Idaho Code, as upon inheritance, devise or 11 bequest, order in bankruptcy or insolvency, execution sale, repossession upon 12 default in performing the terms of a lease or executory sales contract, or 13 otherwise, the registration shall expire and the registration card and plates 14 shall be surrendered to the department. The vehicle shall not be operated upon 15 the highways until and unless the person entitled thereto shall apply for and 16 obtain a new registration card and plates in accordance with the provisions of 17 section 49-401A, Idaho Code. However, an administrator, executor, trustee or 18 other representative of the owner, or a sheriff or other officer, or legal 19 representative of any such person may operate or cause to be operated any 20 vehicle upon the highway from the place of removal or place where formerly 21 kept by the owner to a place of keeping or storage, provided the place of 22 removal and place of destination are both located within the state of Idaho, 23 and after obtaining a written permit from the department of the local police 24 authorities having jurisdiction of the highways and upon displaying in plain 25 sight upon the vehicle a placard bearing the name and address of the person 26 authorizing and directing such movement, the placard to be plainly readable 27 from a distance of one hundred (100) feet during daylight. 28 SECTION 2. That Section 49-437, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 49-437. INCREASE IN MAXIMUM GROSS WEIGHT -- FEES FOR REMAINING PORTION OF 31 YEAR..(1) When a motor vehicle registered under section 49-434 or 49-435, 32 Idaho Code, has once been registered and during the year of that registration 33 increases the maximum gross weight, the higher fee due for the weight increase 34 shall be offset by the fee already paid. The fee already paid and the fee due 35 shall be prorated by one-twelfth (1/12) for each month already expired in the 36 registration year. The difference between the two (2) fees shall be the bal- 37 ance due for the remainder of the registration year. If an ownerdecreases38 changes the weight during a registration year, the weightdecreasechange 39 shall not result in a refund of the fees already paid. 40 (2) If a motor vehicle is not operated on any highway during the first 41 months of a calendar year, the owner may at any time thereafter be registered 42 for the remainder of the year on payment of all fees, rounded to the nearest 43 whole dollar, as provided in this chapter, less one-twelfth (1/12) of such 44 fees for each full calendar month which has expired prior to registering, but 45 in no event shall the minimum fee be less than five dollars ($5.00).
STATEMENT OF PURPOSE RS 16556 This proposal will resolve a conflict in Idaho Code pertaining to the refund of registration fees for commercial, non-commercial and farm vehicles. Sections 49-431(2) and (3), Idaho Code, state that registration fees may not be refunded if the plates and vehicle registration are not transferred to another vehicle. Section 49-434(6), Idaho Code, states that when vehicle ownership changes, the unexpired portion of the registration fee may be refunded if the owner does not transfer the plate to another vehicle and the plate, sticker, and registration are surrendered to the Department. The proposed change will delete any reference to refunds in 49-431 (2) & (3) and allow refunds as stated under 49-434(6). The proposed change to IC 49-437, would clarify that when an owner changes the registered weight of a vehicle during a registration year, the weight change shall not result in a refund of the fees already paid. FISCAL NOTE There should not be a change in refund revenues since the Department has been using the refund procedures under Section 49- 434 (6), Idaho Code, since 7/01/2000. CONTACT Name: Chris Engels Agency: Idaho Transportation Department Phone: 334-8613 STATEMENT OF PURPOSE/FISCAL NOTE H 37