2008 Legislation
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HOUSE BILL NO. 364<br /> – MV, salvage certificates

HOUSE BILL NO. 364

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Bill Status



H0364.........................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - SALVAGE CERTIFICATES - Amends existing law to provide for
electronic files in regard to salvage certificates of ownership; to revise
provisions relating to salvage vehicles; to provide for notations of theft
recovery on title records; to provide for branded certificates of title for
certain vehicles; to delete inspection provisions, provisions relating to
branded certificates of title for reconstructed vehicles and repaired
vehicles and provisions relating to branded decals; and to provide for
branded certificates of title relating to rebuilt salvage vehicles.

01/17    House intro - 1st rdg - to printing
01/18    Rpt prt - to Transp
01/31    Rpt out - rec d/p - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/06    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Hagedorn, Hart, Harwood, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Eskridge
    Floor Sponsor - Nonini
    Title apvd - to Senate
02/07    Senate intro - 1st rdg - to Transp
02/22    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 31-0-4
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Hammond,
      Heinrich, Hill, Kelly, Keough, Little, Lodge, Malepeai(Sagness),
      McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway,
      Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Gannon, Goedde, Jorgenson, Langhorst
    Floor Sponsor - Heinrich
    Title apvd - to House
03/05    To enrol
03/06    Rpt enrol - Sp signed
03/07    Pres signed
03/10    To Governor
03/14    Governor signed
         Session Law Chapter 84
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 364

                          BY TRANSPORTATION AND DEFENSE COMMITTEE

  1                                        AN ACT
  2    RELATING TO TRANSPORTATION; AMENDING SECTION 49-123,  IDAHO  CODE,  TO  REVISE
  3        DEFINITIONS  AND TO DEFINE A TERM; AMENDING SECTION 49-524, IDAHO CODE, TO
  4        PROVIDE FOR ELECTRONIC FILES IN REGARD TO SALVAGE CERTIFICATES  OF  OWNER-
  5        SHIP,  TO REVISE PROVISIONS RELATING TO SALVAGE CERTIFICATES OF OWNERSHIP,
  6        TO REVISE FEE PROVISIONS RELATING TO SALVAGE CERTIFICATES, TO REVISE  PRO-
  7        VISIONS  RELATING  TO  THE  SURRENDER OF CERTIFICATES OF TITLE FOR SALVAGE
  8        VEHICLES, TO PROVIDE FOR NOTATIONS OF THEFT RECOVERY ON TITLE RECORDS  FOR
  9        CERTAIN VEHICLES, TO DELETE A NONAPPLICABILITY TO VESSELS PROVISION AND TO
 10        REVISE  DESCRIPTIVE  LANGUAGE; AND AMENDING SECTION 49-525, IDAHO CODE, TO
 11        PROVIDE FOR BRANDED CERTIFICATES OF TITLE FOR CERTAIN VEHICLES, TO  DELETE
 12        INSPECTION  PROVISIONS,  TO DELETE PROVISIONS RELATING TO BRANDED CERTIFI-
 13        CATES OF TITLE FOR RECONSTRUCTED VEHICLES AND REPAIRED VEHICLES, TO DELETE
 14        PROVISIONS RELATING TO BRANDED DECALS, TO PROVIDE FOR BRANDED CERTIFICATES
 15        OF TITLE RELATING TO REBUILT SALVAGE VEHICLES AND TO PROVIDE  FOR  SALVAGE
 16        VEHICLE STATEMENTS.

 17    Be It Enacted by the Legislature of the State of Idaho:

 18        SECTION  1.  That  Section  49-123, Idaho Code, be, and the same is hereby
 19    amended to read as follows:

 20        49-123.  DEFINITIONS -- V. (1) "Variable load suspension  axle"  means  an
 21    axle or axles designed to support a part of the vehicle and load and which can
 22    be regulated to vary the amount of load supported by such an axle or axles and
 23    which  can be deployed or lifted by the operator of the vehicle. See also sec-
 24    tion 49-117, Idaho Code.
 25        (a)  "Fully raised" means that the variable load suspension axle is in  an
 26        elevated  position  preventing the tires on such axle from having any con-
 27        tact with the roadway.
 28        (b)  "Fully deployed" means that the variable load suspension axle is sup-
 29        porting a portion of the weight of the loaded vehicle as controlled by the
 30        preset pressure regulator valve.
 31        (2)  "Vehicle" means:
 32        (a)  General. Every device in, upon, or by which any person or property is
 33        or may be transported or drawn upon  a  highway,  excepting  devices  used
 34        exclusively upon stationary rails or tracks.
 35        (b)  Authorized  emergency  vehicle. Vehicles operated by any fire depart-
 36        ment or law enforcement agency of the state of Idaho or any political sub-
 37        division of the state, ambulances, vehicles belonging to personnel of vol-
 38        untary fire departments while in  performance  of  official  duties  only,
 39        vehicles belonging to, or operated by EMS personnel certified or otherwise
 40        recognized by the EMS bureau of the Idaho department of health and welfare
 41        while  in  the performance of emergency medical services, sheriff's search
 42        and rescue vehicles which are  under  the  immediate  supervision  of  the
 43        county sheriff, wreckers which are engaged in motor vehicle recovery oper-

                                       2

  1        ations  and  are blocking part or all of one (1) or more lanes of traffic,
  2        other emergency vehicles designated by the director  of  the  Idaho  state
  3        police  or  vehicles authorized by the Idaho transportation board and used
  4        in the enforcement of laws specified in section 40-510, Idaho  Code,  per-
  5        taining to vehicles of ten thousand (10,000) pounds or greater.
  6        (c)  Commercial  vehicle  or commercial motor vehicle. For the purposes of
  7        chapter  3 of this title, (driver's licenses), a motor vehicle or combina-
  8        tion of motor vehicles designed or used to transport passengers  or  prop-
  9        erty if the motor vehicle:
 10             1.  Has  a  manufacturer's  gross combination weight rating (GCWR) in
 11             excess of twenty-six thousand (26,000) pounds inclusive  of  a  towed
 12             unit with a manufacturer's gross vehicle weight rating (GVWR) of more
 13             than ten thousand (10,000) pounds; or
 14             2.  Has a manufacturer's gross vehicle weight rating (GVWR) in excess
 15             of twenty-six thousand (26,000) pounds; or
 16             3.  Is  designed  to transport sixteen (16) or more people, including
 17             the driver; or
 18             4.  Is of any size and is used in  the  transportation  of  materials
 19             found  to  be  hazardous  for  the purposes of the hazardous material
 20             transportation  act  and  which  require  the  motor  vehicle  to  be
 21             placarded under the hazardous materials regulations (49 CFR part 172,
 22             subpart F).
 23        For the purposes of chapter 4, title 49, Idaho Code, (motor vehicle regis-
 24        tration), a vehicle or combination of vehicles of a  type  used  or  main-
 25        tained for the transportation of persons for hire, compensation or profit,
 26        or  the  transportation  of  property for the owner of the vehicle, or for
 27        hire, compensation, or profit, and shall include fixed load specially con-
 28        structed vehicles exceeding the limits imposed by chapter  10,  title  49,
 29        Idaho Code, and including drilling rigs, construction, drilling and wreck-
 30        er  cranes,  log jammers, log loaders, and similar vehicles which are nor-
 31        mally operated in an overweight or oversize condition or both,  but  shall
 32        not  include  those  vehicles  registered  pursuant to sections 49-402 and
 33        49-402A, Idaho Code, or exempted by section 49-426, Idaho  Code.  A  motor
 34        vehicle  used in a ridesharing arrangement that has a seating capacity for
 35        not more than fifteen (15) persons, including the driver, shall not  be  a
 36        "commercial vehicle" under the provisions of this title relating to equip-
 37        ment requirements, rules of the road, or registration.
 38        (d)  Farm  vehicle. A vehicle or combination of vehicles owned by a farmer
 39        or rancher, which are operated over public highways, and used  exclusively
 40        to transport unprocessed agricultural, dairy or livestock products raised,
 41        owned and grown by the owner of the vehicle to market or place of storage;
 42        and  shall  include  the  transportation  by  the farmer or rancher of any
 43        equipment, supplies or products purchased by that farmer  or  rancher  for
 44        his  own  use,  and used in the farming or ranching operation or used by a
 45        farmer partly in transporting agricultural products or livestock from  the
 46        farm  of  another farmer that were originally grown or raised on the farm,
 47        or when used partly  in  transporting  agricultural  supplies,  equipment,
 48        materials  or  livestock to the farm of another farmer for use or consump-
 49        tion on the farm but not transported for hire, and shall not include vehi-
 50        cles of husbandry or vehicles registered pursuant to sections  49-402  and
 51        49-402A, Idaho Code.
 52        (e)  Foreign  vehicle.  Every  vehicle of a type required to be registered
 53        under the provisions of this title brought into this  state  from  another
 54        state,  territory or country other than in the ordinary course of business
 55        by or through a manufacturer or dealer and not registered in this state.

                                       3

  1        (f)  Glider kit vehicle. Every large truck manufactured from a  kit  manu-
  2        factured  by a manufacturer of large trucks which consists of a frame, cab
  3        complete with wiring, instruments, fenders and hood and  front  axles  and
  4        wheels.  The "glider kit" is made into a complete assembly by the addition
  5        of the engine, transmission, rear axles, wheels and tires.
  6        (g)  Motor vehicle. Every vehicle which is self-propelled and every  vehi-
  7        cle  which  is  propelled by electric power obtained from overhead trolley
  8        wires but not operated upon rails, except vehicles moved solely  by  human
  9        power,   electric   personal  assistive  mobility  devices  and  motorized
 10        wheelchairs.
 11        (h)  Multipurpose passenger vehicle (MPV). For  the  purposes  of  section
 12        49-966,  Idaho  Code,  a motor vehicle designed to carry ten (10) or fewer
 13        persons which is constructed either on a truck  chassis  or  with  special
 14        features for occasional off-road operation.
 15        (i)  Neighborhood  electric vehicle (NEV). A self-propelled, electrically-
 16        powered, four-wheeled motor vehicle which is emission free and conforms to
 17        the definition and requirements for low-speed vehicles as adopted  in  the
 18        federal  motor  vehicle safety standards for low-speed vehicles under fed-
 19        eral regulations at 49 CFR part 571. An NEV shall  be  titled,  registered
 20        and insured according to law as provided respectively in chapters 4, 5 and
 21        12, title 49, Idaho Code, and shall only be operated by a licensed driver.
 22        Operation  of  an NEV on a highway shall be allowed as provided in section
 23        49-663, Idaho Code.
 24        (j)  Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho
 25        Code, (motor vehicle registration),  a  noncommercial  vehicle  shall  not
 26        include those vehicles required to be registered under sections 49-402 and
 27        49-402A, Idaho Code, and means all other vehicles or combinations of vehi-
 28        cles which are not commercial vehicles or farm vehicles, but shall include
 29        motor homes. A noncommercial vehicle shall include those vehicles having a
 30        combined  gross weight not in excess of sixty thousand (60,000) pounds and
 31        not held out for hire, used for purposes related to private  use  and  not
 32        used  in  the  furtherance of a business or occupation for compensation or
 33        profit or for transporting goods for other than the owner.
 34        (k)  Passenger car. For the purposes of  section  49-966,  Idaho  Code,  a
 35        motor  vehicle,  except  a  multipurpose  passenger vehicle, motorcycle or
 36        trailer, designed to carry ten (10) or fewer persons.
 37        (l)  Reconstructed or repaired  Rebuilt  salvage  vehicle.  Every  vehicle
 38        that  has  been  rebuilt  or  repaired using like make and model parts and
 39        visually appears as a vehicle that was originally constructed under a dis-
 40        tinctive manufacturer. This includes a salvage vehicle which is damaged to
 41        the extent that a "reconstructed vehicle" or "repaired  vehicle"  "rebuilt
 42        salvage" brand is required, and other to be added to the title.
 43        (m)  Reconstructed  vehicles.  Vvehicles  which have been reconstructed by
 44        the use of a kit designed to be used to construct an exact  replica  of  a
 45        vehicle  which  was previously constructed under a distinctive name, make,
 46        model or type by a generally recognized manufacturer of vehicles. A glider
 47        kit vehicle is not a reconstructed vehicle.
 48        (mn)  Salvage vehicle. Any vehicle for which a salvage  certificate,  sal-
 49        vage bill of sale or other documentation showing evidence that the vehicle
 50        has been declared salvage or which has been damaged to the extent that the
 51        owner,  or  an  insurer,  or  other  person acting on behalf of the owner,
 52        determines that the cost of parts and labor minus the salvage value  makes
 53        it  uneconomical  to repair or rebuild. When an insurance company has paid
 54        money or has made other monetary settlement as compensation  for  a  total
 55        loss  of any motor vehicle, such motor vehicle shall be considered to be a

                                       4

  1        salvage vehicle.
  2        (no)  Specially constructed vehicle. Every vehicle of a type  required  to
  3        be  registered  not originally constructed under a distinctive name, make,
  4        model or type by a generally  recognized manufacturer of vehicles and  not
  5        materially  altered  from its original construction and cannot be visually
  6        identified as a  vehicle  produced  by  a  particular  manufacturer.  This
  7        includes:
  8             1.  A vehicle that has been structurally modified so that it does not
  9             have  the same appearance as a similar vehicle from the same manufac-
 10             turer; or
 11             2.  A vehicle that has been constructed entirely from homemade  parts
 12             and materials not obtained from other vehicles; or
 13             3.  A  vehicle  that  has  been  constructed by using major component
 14             parts from one (1) or more manufactured vehicles and cannot be  iden-
 15             tified as a specific make or model; or
 16             4.  A  vehicle  constructed by the use of a custom kit that cannot be
 17             visually identified as a specific make or model.
 18        (op)  Total loss vehicle. Every vehicle that is deemed to be  uneconomical
 19        to  repair.  due  to  scrapping,  dismantling or destruction. A total loss
 20        shall occur when an insurance company or any other person  pays  or  makes
 21        other  monetary settlement to the owner when it is deemed to be uneconomi-
 22        cal to repair the damaged vehicle. The  compensation  for  total  loss  as
 23        defined  herein  shall  not include payments by an insurer or other person
 24        for medical care, bodily injury, vehicle rental or for anything other than
 25        the amount paid for the actual damage to the vehicle.
 26        (3)  "Vehicle identification number." (See "Identifying  number,"  section
 27    49-110, Idaho Code)
 28        (4)  "Vehicle  salesman" means any person who, for a salary, commission or
 29    compensation of any kind, is employed either directly or indirectly, or  regu-
 30    larly or occasionally by any dealer to sell, purchase or exchange, or to nego-
 31    tiate  for  the  sale,  purchase or exchange of vehicles. (See also "full-time
 32    salesman," section 49-107,  Idaho  Code,  and  "part-time  salesman,"  section
 33    49-117, Idaho Code)
 34        (5)  "Vessel." (See section 67-7003, Idaho Code)
 35        (6)  "Veteran." (See section 65-502, Idaho Code)
 36        (7)  "Violation"  means  a  conviction of a misdemeanor charge involving a
 37    moving traffic violation, or an admission or  judicial  determination  of  the
 38    commission  of  an  infraction  involving  a moving traffic infraction, except
 39    bicycle infractions.

 40        SECTION 2.  That Section 49-524, Idaho Code, be, and the  same  is  hereby
 41    amended to read as follows:

 42        49-524.  SALVAGE  CERTIFICATE  OF  OWNERSHIP OR ELECTRONIC FILE TO REPLACE
 43    CERTIFICATE OF TITLE OR CERTIFICATE OF ORIGIN ON CERTAIN VEHICLES. --  VESSELS
 44    NOT  INCLUDED.  (1) Every person acquiring a vehicle which has been determined
 45    to be a salvage vehicle, shall obtain a salvage certificate  of  ownership  on
 46    that vehicle.
 47        (2)  The salvage certificate shall replace the certificate of origin, cer-
 48    tificate  of  title  or other comparable ownership document and shall indicate
 49    ownership only; it shall not be valid for registration purposes.
 50        (3)  A salvage certificate of ownership shall be issued by the department,
 51    the insurer, or a salvage pool, or under the direction of the  department  and
 52    shall  be  on  a  form or electronic file as prescribed by the department. The
 53    form or electronic file shall provide for assignments of the salvage  certifi-

                                       5

  1    cate.
  2        (4)  The  fee  for a salvage certificate or electronic filing of a salvage
  3    certificate shall be the same as for issuance of any regular Idaho certificate
  4    of title fifteen dollars ($15.00). The fee shall be  deposited  in  the  state
  5    highway account.
  6        (5)  Every  insurer making payment for a vehicle which has been determined
  7    to be a salvage vehicle, shall within thirty (30) days  from  receipt  of  the
  8    properly  released certificate of origin or certificate of title, issue a sal-
  9    vage certificate to the purchaser and surrender to the department  the  owner-
 10    ship documents, a copy of the salvage certificate, the salvage certificate fee
 11    and  other documents as required by the department for processing. The depart-
 12    ment shall mark its records appropriately.
 13        (6)  If a salvage pool receives a certificate of title for a vehicle which
 14    has been determined to be a salvage vehicle, he shall within thirty (30)  days
 15    and upon receipt of the properly released certificate of origin or certificate
 16    of  title,  issue  a salvage certificate to the purchaser and surrender to the
 17    department the ownership documents, a copy of  the  salvage  certificate,  the
 18    salvage  certificate fee and other documents as required by the department for
 19    processing. The department shall mark its records appropriately.
 20        (7)  It is a misdemeanor, punishable by up to six (6) months  in  jail,  a
 21    fine of one thousand dollars ($1,000) or both, if the owner of a retained sal-
 22    vage vehicle fails to surrender the title and be issued a salvage certificate,
 23    or to sell the vehicle and not tell the buyer that the vehicle is totaled.
 24        (8)  If  an  insurer has allowed the owner to retain ownership of the sal-
 25    vage vehicle, the owner must surrender the certificate of title for such vehi-
 26    cle to the department or the insurance company not later than  fifteen  thirty
 27    (1530)  days    from  the  date that the claim was satisfied. The insurer must
 28    notify the department of a total loss payoff. The insurer or department  shall
 29    issue  a  salvage certificate to the owner prior to any sale or disposition of
 30    the salvage vehicle.
 31        (9)  If an insurer acquires the certificate of title of  a  vehicle  in  a
 32    settlement  of  a  theft claim, the insurer shall immediately, upon receipt of
 33    the properly released certificate of origin or certificate of title,  issue  a
 34    salvage certificate in the name of the insurer and surrender to the department
 35    the  ownership  documents, a copy of the salvage certificate, the salvage cer-
 36    tificate fee and other documents as required by the department for processing.
 37        (10) If an insurer has acquired a vehicle  in  a  settlement  of  a  theft
 38    claim,  has  made application to and has been issued a new salvage certificate
 39    in the name of the insurer and the vehicle is subsequently  recovered  and  is
 40    not  a salvage vehicle, the insurer may complete an affidavit indemnifying the
 41    department stating the facts of acquisition and disposition of the vehicle  in
 42    a  form  prescribed  by  the department and deliver the salvage certificate of
 43    ownership, affidavit and any other documents required by the department to the
 44    transferee at the time of delivery of the vehicle. A notation of "theft recov-
 45    ery" shall be made on the title record.
 46        (11) Any person acquiring ownership of a salvage vehicle  purchased  in  a
 47    state  or  jurisdiction which does not require surrender of the certificate of
 48    title or comparable ownership document shall, within thirty (30) days  follow-
 49    ing delivery of the certificate of title or ownership document, surrender such
 50    title or document to the department and apply for a salvage certificate.
 51        (12) An  owner  of  a  salvage vehicle who sells or transfers said vehicle
 52    shall provide a properly executed assignment of  the  salvage  certificate  of
 53    ownership to the transferee.
 54        (13) A  purchaser  of a salvage vehicle shall not possess or retain a sal-
 55    vage vehicle without a salvage  certificate.  The  salvage  vehicle  purchaser

                                       6

  1    shall display the salvage certificate upon the request of any peace officer or
  2    agent of the department.
  3        (14) The provisions of this section shall not apply to vessels.

  4        SECTION  3.  That  Section  49-525, Idaho Code, be, and the same is hereby
  5    amended to read as follows:

  6        49-525.  SALVAGE-CERTIFIED VEHICLE -- INSPECTIONS -- BRANDING  --  BRANDED
  7    CERTIFICATE  OF TITLE. (1) The department shall issue a branded certificate of
  8    title on any motor vehicle for which a salvage certificate,  salvage  bill  of
  9    sale  or  other  documentation  showing  evidence  that  the  vehicle has been
 10    declared salvage has been issued by this or any other state, provided, if doc-
 11    umentation of salvage certification has been received from another state,  the
 12    requirements specified in section 49-524, Idaho Code, shall be applied to that
 13    vehicle.
 14        (2)  An  initial vehicle identification number inspection and major compo-
 15    nent parts inspection shall be conducted by an authorized department  employee
 16    and  shall  include examination of the vehicle and its parts to determine that
 17    the identification numbers of the vehicle or its parts have not been  removed,
 18    falsified,  altered,  defaced  or  destroyed and that there are no indications
 19    that the vehicle or any of its parts are stolen. Such certification shall  not
 20    attest  to  the roadworthiness or safety condition of the vehicle. The fee for
 21    initial inspection shall be twenty-five dollars ($25.00) and shall  be  depos-
 22    ited in the state highway account. The department may contract with private or
 23    public entities to conduct the inspections.
 24        (a)  If  the  inspector  determines  that one (1) major component part has
 25        damage requiring repair or replacement, the  vehicle  statement  of  facts
 26        shall indicate that the vehicle shall not be eligible for a certificate of
 27        title  until  it has been repaired and has been reinspected as a "repaired
 28        vehicle." The vehicle statement of facts shall indicate that  the  vehicle
 29        will  require a "repaired vehicle" decal before issuance of a branded cer-
 30        tificate of title. The owner may  then  submit  an  application  with  all
 31        required supporting documents to the department for issuance of a certifi-
 32        cate of title.
 33        (b)  If  the  inspector  determines  that  two (2) or more major component
 34        parts have damage requiring repair or replacement, or that the vehicle has
 35        sustained flood damage, the vehicle shall not be eligible for  a  certifi-
 36        cate  of  title  until  it has been restored or reconstructed and has been
 37        reinspected as a reconstructed vehicle. The  vehicle  statement  of  facts
 38        shall  indicate  that  the  vehicle will require a "reconstructed vehicle"
 39        decal before issuance of a branded certificate of title.
 40    The provisions of this subsection (2) shall not apply to a  vehicle  which  is
 41    more  than  five (5) years old and which has a known market value of six thou-
 42    sand dollars ($6,000) or less which has been determined to be a salvage  vehi-
 43    cle.
 44        (3)  Every  owner of a salvage vehicle which has been restored or repaired
 45    in this state to its operating condition, in compliance with chapter 9,  title
 46    49, Idaho Code, shall, if the inspector issued a vehicle statement of facts as
 47    required in subsection (2) of this section, present the vehicle to the depart-
 48    ment for inspection as a reconstructed vehicle or as a repaired vehicle.
 49        (a)  If  the  inspector  determines  that the receipts for major component
 50        parts are valid, including the vehicle identification numbers of the vehi-
 51        cles from which the major component parts were removed,  a  "reconstructed
 52        vehicle" decal or a "repaired vehicle" decal shall be affixed to the vehi-
 53        cle  and  the  statement of facts shall indicate that the vehicle has been

                                       7

  1        branded and that the certificate of title shall be branded accordingly.
  2        (b)  The fee  for  issuance  of  a  "reconstructed  vehicle"  decal  or  a
  3        "repaired vehicle" decal shall be ten dollars ($10.00) and shall be depos-
  4        ited in the state highway account.
  5        (c)  The  owner  may then submit an application for branded certificate of
  6        title to the department which application shall be accompanied by the sal-
  7        vage bill of sale, salvage certificate or other documentation showing evi-
  8        dence that the vehicle has been declared  salvage,  vehicle  statement  of
  9        facts,  indemnifying affidavit, bills of sale or invoices for major compo-
 10        nent parts and written affirmation which states:
 11             1.  That the owner personally rebuilt or repaired the vehicle or per-
 12             sonally  supervised  its  rebuilding  or  repairing  and  includes  a
 13             description of work done to restore the vehicle to the operating con-
 14             dition that existed prior to the event which caused the salvage  cer-
 15             tificate to be issued;
 16             2.  That  the  identification numbers of the restored vehicle and its
 17             parts have  not,  to  the  knowledge  of  the  owner,  been  removed,
 18             destroyed, falsified, altered or defaced;
 19             3.  That  the salvage certificate document or out-of-state title cer-
 20             tificate attached to the application has not to the knowledge of  the
 21             owner been forged, falsified or altered; and
 22             4.  That all information contained on the application and its attach-
 23             ments is true and correct.
 24        (4)  Upon  presentation  of  the documents required by the department, the
 25    department shall issue a branded certificate of title which shall contain  the
 26    word "reconstructed vehicle" or "repaired vehicle."
 27        (5)  If  an  otherwise  correct  application  is made for a certificate of
 28    title on any salvage-certified vehicle which was not inspected as required  by
 29    the  provisions  of subsection (2) of this section, the department shall brand
 30    the vehicle with a "reconstructed vehicle" decal and  shall  issue  a  branded
 31    certificate of title.
 32        (6)  If  an  otherwise  correct  application  is made for a certificate of
 33    title on any salvage-certified vehicle, which is not required to be  inspected
 34    pursuant  to  the provisions of subsection (2) of this section, the department
 35    shall issue a branded certificate of title as a "reconstructedrebuilt  salvage
 36    vehicle" if the application for a certificate of title is supported by a writ-
 37    ten  affirmation  of  salvage  vehicle  statement completed by the owner which
 38    states:
 39        (a)  That the owner personally rebuilt or repaired the vehicle or  person-
 40        ally  supervised its rebuilding or repairing and includes a description of
 41        work done to restore the vehicle to the operating condition  that  existed
 42        prior to the event which caused the salvage certificate to be issued;
 43        (b)  That the identification numbers of the restored vehicle and its parts
 44        have  not,  to the knowledge of the owner, been removed, destroyed, falsi-
 45        fied, altered or defaced;
 46        (c)  That the salvage certificate document or out-of-state title  certifi-
 47        cate  attached  to  the  application has not to the knowledge of the owner
 48        been forged, falsified or altered; and
 49        (d)  That all information contained on the application and its attachments
 50        is true and correct.
 51        (73)  Each branded certificate of title received from another jurisdiction
 52    shall have its brand carried forward to all subsequent certificates  of  title
 53    issued in this state.
 54        (84)  The  department  may  promulgate rules as necessary to implement the
 55    provisions of sections 49-524 and 49-525, Idaho Code.

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE

                         RS 17357

This proposal would eliminate the two step salvage vehicle 
inspection process and application of branded decals that 
applies to salvage vehicles which are less than five years old 
or have a pre-crash value of more than $6,000. This would 
provide for use of one uniform brand to identify all salvage 
vehicles; reducing the time spent by investigators on the 
increasing volume of salvage vehicles; allow investigators to 
devote time to original duties including building and 
maintaining dealer relations and resolving customer issues. The 
proposal would increase the salvage title fee from $8 to $15 for 
vehicles more than five years old but reduce the fee for newer 
vehicles from $43 to $15. The result is revenue neutral.


                         FISCAL NOTE

Based upon changes necessary to utilize a uniform process, 
eliminating the current $25 inspection fee and the $10 VIN 
reassignment fee for newer vehicles, and replacing it with a 
uniform $15 salvage vehicle certificate fee for all salvage 
vehicles, revenue to the Department remains neutral.





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


STATEMENT OF PURPOSE/FISCAL NOTE	                  H 364