2007 Legislation
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HOUSE BILL NO. 37 – MV, over 8000 lbs, registration

HOUSE BILL NO. 37

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN 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  to
 40    refund  if  the license plates and registration are not transferred to another
 41    vehicle or if the registration fee previously paid is  greater  than  the  new
 42    fee.
 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 be
  5    subject to refund if the license plate or  plates  and  registration  are  not
  6    transferred  to  another vehicle or if the registration fee previously paid is
  7    greater 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  owner  decreases
 38    changes  the  weight  during  a  registration year, the weight decrease change
 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 / Fiscal Impact


                      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