2007 Legislation
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SENATE BILL NO. 1050 – MV/vessel, title, transitionl owner

SENATE BILL NO. 1050

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Bill Status



S1050.....................................................by TRANSPORTATION
MOTOR VEHICLES - VESSELS - TITLES - Amends existing law relating to vehicle
and vessel titles to revise the definition of "transitional ownership
document"; to revise the process and timing for perfecting a lien; to
delete provisions for processing incomplete title applications; to remove
exemptions to the notarization requirement; to provide for calculation and
perfection of a security interest; to clarify a transitional ownership
document as evidence of ownership; and to allow thirty days for submission
of the document to the Idaho Transportation Department.
                                                                        
01/26    Senate intro - 1st rdg - to printing
01/29    Rpt prt - to Transp
02/02    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/06    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 - Heinrich
    Title apvd - to House
02/07    House intro - 1st rdg - to Transp
02/23    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Snodgrass, Stevenson,
      Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Labrador, Smith(24)
    Floor Sponsor - Mortimer
    Title apvd - to Senate
03/07    To enrol
03/08    Rpt enrol - Pres signed - Sp signed
03/09    To Governor
03/13    Governor signed
         Session Law Chapter 66
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1050
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO VEHICLE AND VESSEL TITLES AND  TRANSITIONAL  OWNERSHIP  DOCUMENTS;
  3        AMENDING   SECTION  49-121,  IDAHO  CODE,  TO  REVISE  THE  DEFINITION  OF
  4        "TRANSITIONAL OWNERSHIP DOCUMENT" AND  TO  MAKE  A  TECHNICAL  CORRECTION;
  5        AMENDING  SECTION 49-510, IDAHO CODE, TO REVISE THE PROCESS AND TIMING FOR
  6        PERFECTING A LIEN, TO DELETE PROVISIONS FOR  PROCESSING  INCOMPLETE  TITLE
  7        APPLICATIONS,  TO REMOVE EXEMPTIONS TO THE NOTARIZATION REQUIREMENT AND TO
  8        MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-527, IDAHO CODE,  TO  PRO-
  9        VIDE  FOR CALCULATION AND PERFECTION OF A SECURITY INTEREST AND TO PROVIDE
 10        CORRECT TERMINOLOGY; AMENDING SECTION 49-528, IDAHO  CODE,  TO  CLARIFY  A
 11        TRANSITIONAL  OWNERSHIP  DOCUMENT  AS  EVIDENCE  OF OWNERSHIP AND TO ALLOW
 12        THIRTY DAYS FOR SUBMISSION OF THE DOCUMENT TO THE DEPARTMENT; AND AMENDING
 13        SECTION 49-529, IDAHO CODE, TO PROVIDE THIRTY DAYS  TO  SUBMIT  A  TRANSI-
 14        TIONAL OWNERSHIP DOCUMENT FOR ACCEPTANCE BY THE DEPARTMENT.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  That  Section  49-121, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        49-121.  DEFINITIONS -- T.
 19        (1)  "Temporary supplemental lot" means a location other than the  princi-
 20    pal  place of business, or supplemental lot within the same or adjacent county
 21    as the principal place of business, where  a  licensed  dealer  may  secure  a
 22    license  to  conduct  the business and is licensed for a period of time not to
 23    exceed ten (10) days for a specific purpose  such  as  auto  shows,  auctions,
 24    shopping center promotions, tent sales, etc. Temporary supplemental lots shall
 25    meet  all  local zoning and building codes for the type of business being con-
 26    ducted. The requirements for a principal place of business shall not be appli-
 27    cable to temporary supplemental lot locations. The adjacent county restriction
 28    shall not apply if the dealer holds the franchise for the products to be  dis-
 29    played or sold and has approval from a manufacturer for the location where the
 30    proposed  temporary supplemental lot license will be issued by the department.
 31    Nonfranchised dealers shall be permitted to temporarily display or sell  their
 32    products  within a one hundred seventy-five (175) mile radius of their princi-
 33    pal place of business, upon approval by the department.
 34        (2)  "Tires" means:
 35        (a)  Metal. Every tire the surface of which in contact with the highway is
 36        wholly or partly of metal or other hard, nonresilient material.
 37        (b)  Pneumatic. Every tire in which compressed air is designed to  support
 38        the load.
 39        (c)  Snow  tire.  Every rubber tire with tread design or material embedded
 40        in the tire to improve winter traction except studded tires.
 41        (d)  Solid rubber. Every tire of rubber or other resilient material  which
 42        does not depend upon compressed air for the support of the load.
 43        (e)  Studded  tire.  Every  tire with built-in lugs of tungsten carbide or
                                                                        
                                       2
                                                                        
  1        other suitable material designed to contact the road surface for  improved
  2        winter traction.
  3        (3)  "Traffic"  means  pedestrians,  ridden  or  herded animals, vehicles,
  4    streetcars and other conveyances either singly or  together  while  using  any
  5    highway for purposes of travel.
  6        (4)  "Traffic  lane" or "lane of travel" means that portion of the roadway
  7    for movement of a single line of vehicles.
  8        (5)  "Traffic-control device" means any device, whether manually, electri-
  9    cally or mechanically operated, placed or erected by  authority  of  a  public
 10    body  or  official having jurisdiction, for the purpose of regulating, warning
 11    or guiding traffic.
 12        (6)  "Trailer" means:
 13        (a)  General. Every vehicle without motive  power  designed  for  carrying
 14        persons or property and for being drawn by a motor vehicle.
 15        (b)  Fifth-wheel  trailer. A vehicular unit equipped in the same manner as
 16        a travel trailer but constructed with a raised forward section that allows
 17        a bi-level floor plan. This style is designed to be  towed  by  a  vehicle
 18        equipped  with  a  device known as a fifth-wheel hitch, which is typically
 19        installed in the bed of a pickup truck.
 20        (c)  Fold down camping trailer.  A  vehicular  portable  unit  mounted  on
 21        wheels and constructed with collapsible partial side walls, which fold for
 22        towing  by another vehicle and unfold at the campsite to provide temporary
 23        living quarters, for recreational, camping or travel use.
 24        (d)  Park trailer. A trailer designed to be towed by a motorized  vehicle,
 25        and  of  such size and weight as not to require a special highway movement
 26        permit. It is designed for seasonal or temporary living quarters  and  may
 27        be  connected  to  utilities necessary for operation of installed fixtures
 28        and appliances. It is built on a single permanent chassis and  constructed
 29        to permit set up by persons without special skills.
 30        (e)  Pole trailer. Every vehicle without motive power designed to be drawn
 31        by  another vehicle and attached to the towing vehicle by means of a reach
 32        or pole or by being boomed or otherwise secured to the towing vehicle, and
 33        ordinarily used for transporting long or irregularly shaped loads such  as
 34        poles,  pipes,  or  structural  members  capable, generally, of sustaining
 35        themselves as beams between the supporting connections.
 36        (f)  Semitrailer. Every vehicle without motive power, designed for  carry-
 37        ing persons or property and for being drawn by a motor vehicle and so con-
 38        structed  that  some part of its weight and that of its load rests upon or
 39        is carried by the towing vehicle.
 40        (g)  Travel trailer. A vehicular unit, mounted on wheels designed to  pro-
 41        vide  temporary living quarters for recreational, camping, travel or emer-
 42        gency use and of such size or weight as not  to  require  special  highway
 43        movement permits when towed by a motorized vehicle.
 44        (h)  Utility trailer. (See "Utility Ttrailer," section 49-122, Idaho Code)
 45        (7)  "Transitional  ownership document" means a document used to perfect a
 46    lien against creditors or subsequent purchasers  when  the  primary  ownership
 47    document is not available and the selling dealer, new security interest holder
 48    or  their  agent,  to the best of their knowledge, will not have possession of
 49    the primary ownership document, within twenty thirty (230) days, and  contains
 50    all of the following:
 51        (a)  The  date of sale or if no sale is involved, the date the contract or
 52        security agreement being perfected was signed;
 53        (b)  The name and address of each owner of the vehicle;
 54        (c)  The name and address of each security interest holder;
 55        (d)  If there are multiple security interest holders,  the  priorities  of
                                                                        
                                       3
                                                                        
  1        interest  if  the  security  interest holders do not jointly hold a single
  2        security interest;
  3        (e)  The vehicle identification number;
  4        (f)  The name of the security interest holder or person  who  submits  the
  5        transitional ownership document for the security interest holder; and
  6        (g)  Any other information the department may require for its records.
  7        (8)  "Transportation,"  for  the  purposes  of chapter 22, title 49, Idaho
  8    Code, means the movement of any regulated quantity of  hazardous  material  or
  9    hazardous  waste within, through, or to any destination in this state upon the
 10    highways of this state.
 11        (9)  "Transporter" means every person engaged in the business of  deliver-
 12    ing  vehicles of a type required to be registered from a manufacturing, assem-
 13    bling or distributing plant to dealers or  sales  agents  of  a  manufacturer,
 14    except  in  chapter  22,  title  49, Idaho Code, where it means any person who
 15    transports a hazardous material or hazardous waste within, through, or to  any
 16    destination upon the highways of this state.
 17        (10) "Truck" means:
 18        (a)  Refuse/sanitation.  Any vehicle designed and used solely for the pur-
 19        pose of transporting refuse.
 20        (b)  General. Every motor vehicle exceeding eight thousand (8,000)  pounds
 21        gross weight designed, used or maintained primarily for the transportation
 22        of property.
 23        (c)  Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross
 24        weight  or  less  which  is designed, used or maintained primarily for the
 25        transportation of property.
 26        (d)  Truck camper. A portable unit constructed to provide temporary living
 27        quarters for recreational, travel or camping use, consisting  of  a  roof,
 28        floor,  and sides, designed to be loaded onto and unloaded from the bed of
 29        a pickup truck.
 30        (e)  Truck tractor. Every motor vehicle designed and  used  primarily  for
 31        drawing  other  vehicles  but  not so constructed as to carry a load other
 32        than a part of the weight of the vehicle and load so drawn.
 33        (11) "True mileage driven" means the mileage of the vehicle as  registered
 34    by the odometer within the manufacturer's designed tolerance.
                                                                        
 35        SECTION  2.  That  Section  49-510, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        49-510.  LIENS AND ENCUMBRANCES -- FILING -- FEE -- NOTATION  ON  CERTIFI-
 38    CATE  -- CONSTRUCTIVE NOTICE. (1) No lien or encumbrance on any vehicle regis-
 39    tered under the laws of this state created subsequent to  December  31,  1986,
 40    irrespective  of whether such registration was effected prior or subsequent to
 41    the creation of the lien or encumbrance, shall be perfected as against  credi-
 42    tors or subsequent purchasers or encumbrancers without notice until the holder
 43    of  the lien or encumbrance, or his successor, agent or assignee, has complied
 44    with the requirements of section 49-504, Idaho Code, and has filed  the  prop-
 45    erly  completed  title  application and all required supporting documents with
 46    the department or an agent of the department.
 47        (2)  When the holder of a lien or encumbrance,  his  successor,  agent  or
 48    assignee,  has filed with the department or agent of the department a properly
 49    completed title application and supporting documents as  required  by  section
 50    49-504,  Idaho  Code,  it  shall be the duty of the department or agent of the
 51    department to file the same, indorsing endorsing on the title application  the
 52    date  of  the creation of the lien or encumbrance receipt. A lien is perfected
 53    as of the time of its creation if the transaction is notarized and if the fil-
                                                                        
                                       4
                                                                        
  1    ing is completed with the department or an  agent  of  the  department  within
  2    twenty  (20) calendar days thereafter; otherwise, as of the date of the filing
  3    of a properly completed application with the department or  an  agent  of  the
  4    department.  If the title application is incomplete or if the supporting docu-
  5    ments are incomplete or missing, the title application  and  supporting  docu-
  6    ments  as submitted will be returned to the lienholder or his successor, agent
  7    or assignee for correction and, if the application is  not  resubmitted  in  a
  8    complete  form, including completed supporting documents, to the department or
  9    to the agent of the department within twenty (20) days of  their  having  been
 10    returned  to  the lienholder or his successor, agent or assignee, the original
 11    date of receipt by the department or agent of the department shall be void.
 12        (3)  When the department is satisfied as to the genuineness and regularity
 13    of the documents submitted, it shall issue a new certificate of title or  cre-
 14    ate a paperless electronic record of the title and lien filing when substanti-
 15    ated  by  a  written  agreement as provided in section 49-505, Idaho Code. The
 16    title shall contain the name of the owner of the vehicle, the name and address
 17    of each holder of a lien or encumbrance, and  a  statement  of  all  liens  or
 18    encumbrances which have been filed with the department, together with the date
 19    of  each  lien or encumbrance and the date received by the department or agent
 20    of the department. The filing of a lien or encumbrance and the notation of  it
 21    shall be a condition of perfection and shall constitute constructive notice of
 22    the  lien  or  encumbrance  and  its contents to creditors and subsequent pur-
 23    chasers and encumbrancers. All liens or encumbrances so filed with the depart-
 24    ment shall be perfected and take priority according to the order in which  the
 25    same  are  noted  upon the certificate of title or entered into the electronic
 26    records of the department.
 27        (2)  The notarization requirement set out in the second paragraph of  sub-
 28    section  (1)  of this section shall not apply to transactions involving a lien
 29    in favor of a regulated lender, as defined  in  section  28-41-301(37),  Idaho
 30    Code,  or  a motor vehicle dealer licensed by the Idaho transportation depart-
 31    ment.
                                                                        
 32        SECTION 3.  That Section 49-527, Idaho Code, be, and the  same  is  hereby
 33    amended to read as follows:
                                                                        
 34        49-527.  PURPOSE  OF  TRANSITIONAL  OWNERSHIP  DOCUMENT.  The purpose of a
 35    transitional ownership document is to enable security interest to be perfected
 36    in a timely manner when the primary ownership document is not  available.  The
 37    transitional  ownership document serves to perfect a lien against creditors or
 38    subsequent purchasers.
 39        (1)  To perfect a security interest the  transitional  ownership  document
 40    must be received by the department or agent within twenty thirty (230) days of
 41    the date of sale. To determine the twenty thirty (230) days, exclude the first
 42    day  (i.e., date of sale) and count each calendar day thereafter. If the twen-
 43    tieth thirtieth day falls on a weekend or holiday it is not counted,; the last
 44    date the temporary transitional ownership document will be acceptable accepted
 45    is bumped to the next the following business day of the department  or  agent.
 46    working day.
 47        (2)  The  lien will be perfected as of the date and time of filing consis-
 48    tent with section 49-510, Idaho Code.
 49        (3)  The transitional ownership document is not intended to supersede  the
 50    requirements  of section 49-504, Idaho Code, but rather to provide an alterna-
 51    tive method of lien perfection.
 52        (4)  Once a temporary transitional ownership document has been filed  with
 53    the  department  or  agent, the primary ownership document must be received by
                                                                        
                                       5
                                                                        
  1    the department or agent within ninety (90) calendar days from the date of  the
  2    security  agreement    or contract. To determine ninety (90) days, exclude the
  3    first day (i.e., day of sale) and count each calendar day thereafter.  If  the
  4    ninetieth day falls on a weekend or holiday, the last date the temporary tran-
  5    sitional ownership document may be used to determine date of security interest
  6    perfection  is bumped to the next the following business day of the department
  7    or agent. working day.
                                                                        
  8        SECTION 4.  That Section 49-528, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        49-528.  CIRCUMSTANCES UNDER WHICH TRANSITIONAL OWNERSHIP DOCUMENT ACCEPT-
 11    ABLE  AS EVIDENCE OF OWNERSHIP. DOCUMENT. A transitional ownership document is
 12    acceptable as an evidence of ownership document only if the primary  ownership
 13    document:
 14        (1)  Is not in the possession of the selling dealer, new security interest
 15    holder  or the agent of either at the time the transitional ownership document
 16    is submitted to the  department; and
 17        (2)  To the best of the knowledge of the selling dealer, security interest
 18    holder or agent, will not be available for submission to the department within
 19    twenty  thirty (230) days of the date of sale  or  if  no  sale  is  involved,
 20    within the date of a security agreement or contract.
                                                                        
 21        SECTION  5.  That  Section  49-529, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        49-529.  MANDATORY REJECTION OR  INVALIDATION  OF  TRANSITIONAL  OWNERSHIP
 24    DOCUMENT  BY DEPARTMENT. The transportation department shall reject, return or
 25    subsequently invalidate a transitional ownership document if:
 26        (1)  More than twenty thirty (230) days have elapsed between the  date  of
 27    sale,  or  if  no  sale  is involved, more than twenty thirty (230)  days have
 28    elapsed between the date the contract or security interest being perfected was
 29    signed and the date the transitional ownership document  is  received  by  the
 30    department;
 31        (2)  The  transitional  ownership  document  does  not  contain all of the
 32    information contained in section 49-121(7), Idaho Code;
 33        (3)  It is determined that persons named  on  the  transitional  ownership
 34    document as having a security interest did not have a security interest on the
 35    date the transitional ownership document was received;
 36        (4)  It  is determined the person who submitted the transitional ownership
 37    document made false statements in completing the transitional ownership  docu-
 38    ment;
 39        (5)  The  department  does not receive the primary ownership document from
 40    the date of sale within ninety (90) days of the date of sale or if no sale  is
 41    involved, within ninety (90) days from the date the security agreement or con-
 42    tract was signed;
 43        (6)  The  security  interest  holder or person submitting the transitional
 44    ownership document elects to retain, requests it be returned or requests  that
 45    the transitional ownership document be withdrawn; or
 46        (7)  The information on or in the transitional ownership document has been
 47    changed or altered in a manner that is not acceptable to the department.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                          RS 16531C1

Federal Bankruptcy Code was amended last year by Congress, and 
became effective on October 1, 2005.  This legislation will 
bring Idaho Code into compliance with the new federal bankruptcy 
code for the purpose of perfecting a security interest in a 
vehicle.  Idaho code needs to mirror federal code which is used 
for the purpose of recognition of liens for bankruptcy filings. 
Other amendments are also included as clean-up of current codes 
to match our current processes. 

Currently under Idaho Code, there is a twenty (20) day timeframe 
from the date of sale in which a lender can perfect a security 
interest. Federal bankruptcy code was amended to allow a thirty 
(30) day time frame to perfect a lien. The amendments eliminate 
redundant lien creation date language and simplify processes, 
thereby clarifying that the filing time frame for perfection of 
a lien is the filing date of a properly completed title 
application with the department. They further change the 
transitional ownership document filing requirement to 30 days.



                          FISCAL NOTE

There will be no fiscal impact to the department.







CONTACT
Name:	Amy Smith
Agency:	Idaho Transportation Department
Phone:	334-8660

STATEMENT OF PURPOSE/FISCAL NOTE                     	S 1050