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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 - 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
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