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H0603.....................................................by WAYS AND MEANS MOTOR VEHICLES - Amends existing law relating to operating fees for vehicles with a maximum gross weight exceeding eight thousand pounds to increase operating fees for commercial, noncommercial and farm vehicles having a maximum gross weight not exceeding sixty thousand pounds; to provide a uniform administrative fee; to provide an annual registration fee for vehicles with a maximum gross weight between sixty thousand and one hundred twenty-nine thousand pounds; to provide a mileage surcharge for such vehicles; to direct the Idaho Transportation Department to specify certain forms and administrative procedures by rule; to assess a processing fee on registration installment payments; and to direct the Idaho Transportation Department to apply the new fee schedule to registrations effective on and after January 1, 2010, to all applications submitted in the period July through December 2009. 03/06 House intro - 1st rdg - to printing 03/07 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 603 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO OPERATING FEES FOR VEHICLES WITH A MAXIMUM GROSS WEIGHT EXCEEDING 3 EIGHT THOUSAND POUNDS; AMENDING SECTION 49-432, IDAHO CODE, TO PROVIDE A 4 CORRECT CODE REFERENCE; AMENDING SECTION 49-434, IDAHO CODE, TO INCREASE 5 OPERATING FEES FOR COMMERCIAL, NONCOMMERCIAL AND FARM VEHICLES HAVING A 6 MAXIMUM GROSS WEIGHT NOT EXCEEDING SIXTY THOUSAND POUNDS, TO PROVIDE A 7 UNIFORM ADMINISTRATIVE FEE, TO PROVIDE AN ANNUAL REGISTRATION FEE FOR 8 VEHICLES WITH A MAXIMUM GROSS WEIGHT BETWEEN SIXTY THOUSAND AND ONE HUN- 9 DRED TWENTY-NINE THOUSAND POUNDS, TO PROVIDE A MILEAGE SURCHARGE FOR SUCH 10 VEHICLES, TO DELETE OBSOLETE PROVISIONS, TO DIRECT THE IDAHO TRANSPORTA- 11 TION DEPARTMENT TO SPECIFY CERTAIN FORMS AND ADMINISTRATIVE PROCEDURES BY 12 RULE, TO ASSESS A PROCESSING FEE ON REGISTRATION INSTALLMENT PAYMENTS AND 13 TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 49-439, IDAHO CODE, 14 TO PROVIDE A CORRECT CODE REFERENCE; DIRECTING THE IDAHO TRANSPORTATION 15 DEPARTMENT TO APPLY THE FEE SCHEDULE IN SECTION 2 OF THIS ACT TO REGISTRA- 16 TIONS EFFECTIVE ON AND AFTER JANUARY 1, 2010, TO ALL APPLICATIONS SUBMIT- 17 TED DURING THE PERIOD JULY THROUGH DECEMBER 2009; AND PROVIDING EFFECTIVE 18 DATES. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Section 49-432, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 49-432. TEMPORARY REGISTRATION FOR RESIDENTS AND NONRESIDENTS -- FEES. 23 (1) When a vehicle or combination of vehicles subject to registration is to be 24 moved upon the public highways in the state of Idaho, the department may issue 25 a permit in lieu of registration for any vehicle or combination of vehicles 26 upon the payment of a fee as set forth in the following schedule: 27 (a) One hundred twenty (120) hour permit 28 Single vehicle ................................................$30.00 29 Combination of vehicles .......................................$60.00 30 (b) Fuel permit ...................................................$30.00 31 (c) Thirty (30) day unladen weight permit .........................$30.00 32 An owner-operator vehicle moving between lessee fleets where the vehicle 33 registration was issued in the name of the former lessee shall be eligible 34 for a thirty (30) day unladen weight permit for the unladen movement from 35 the point of entry into the state to the destination of the new lessee's 36 place of business. 37 (2) Permits to operate a vehicle or combination of vehicles in excess of 38 the registered maximum gross vehicle weight up to a maximum of one hundred 39 twenty-nine thousand (129,000) pounds gross vehicle weight shall be: 40 (a) One hundred twenty (120) hour permit to increase gross weight 41 ....................................................................$50.00 42 (b) Thirty (30) day permit to increase gross vehicle weight: 2 1 Maximum Registered Gross Temporary Permitted 2 Weight of Vehicle Maximum Gross Weight 3 (Pounds) (Pounds) 4 80,000 86,000 96,000 106,000 116,000 129,000 5 50,001-60,000 $225 $250 $275 $300 $325 $350 6 60,001-70,000 $150 $175 $200 $225 $250 $275 7 70,001-78,000 $ 75 $150 $175 $200 $225 $250 8 78,001-84,000 $ 75 $150 $175 $200 $225 9 84,001-94,000 $ 75 $150 $175 $200 10 94,001-104,000 $ 75 $100 $125 11 104,001-112,000 $ 75 $100 12 112,001-128,000 $ 75 13 The permit issued pursuant to this subsection (2) shall be specific to the 14 motor vehicle to which it is issued. No permit or fee shall be transfer- 15 able or apportionable to any other vehicle, nor shall any such fee be 16 refundable. At the time of purchasing a permit, the applicant may purchase 17 additional permits in any combination which does not exceed a maximum of 18 ninety (90) days. 19 (3) A temporary permit shall be in a form, and issued under rules adopted 20 by the board, and shall be displayed at all times while the vehicle is being 21 operated on the highways by posting the permit upon the windshield of each 22 vehicle or in another prominent place, where it may be readily legible. 23 (4) Any permit issued pursuant to subsection (2) of this section shall be 24 purchased prior to movement of the vehicle on a highway, and such permit shall 25 be in addition to and available only to a vehicle which is currently and val- 26 idly registered in Idaho pursuant to section 49-432(1), 49-434(1), 27 49-434(8)(c)or 49-435, Idaho Code. 28 (5) The department may select vendors to serve as agents on state high- 29 ways for the purpose of selling permits where fixed ports of entry do not ade- 30 quately serve a respective highway entering the state. The vendor shall be 31 remunerated at the rate of three dollars ($3.00) per permit sold, and he shall 32 collect the fees specified in this section, and pay the fees to the depart- 33 ment. The vendor shall guarantee payment by giving a bond to the state in a 34 sum as shall be fixed by the board, the premium on the bond to be paid by the 35 department. 36 SECTION 2. That Section 49-434, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 49-434. OPERATING FEES. (1) There shall be paid on all commercial vehi- 39 cles, noncommercial vehicles, and on all farm vehicles having a maximum gross 40 weight not in excess of sixty thousand (60,000) pounds, an annual registration 41 fee in accordance with the following schedule. 3 1 Unladen Weight for Wreckers Annual Registration Fee for 2 Maximum Gross Weight Noncommercial,andFarm Vehicles and 3 For Other Vehicles Commercial Vehicles and Wreckers 4 (Pounds) 5 8,001-16,000 inc. ...................$ 48.00$ 48.00$150.00 6 16,001-26,000 inc. ...................61.08143.40250.00 7 26,001-30,000 inc. ...................91.68223.80325.00 8 30,001-40,000 inc. ...................130.08291.60423.00 9 40,001-50,000 inc. ...................188.28360.00549.00 10 50,001-60,000 inc. ...................311.88515.40714.00 11 (2) There shall be paid on all commercial vehicles, irrespective of body 12 type, and on all farm vehicles having a maximum gross weight in excess of 13 sixty thousand (60,000) pounds, an annual registration fee in the amount pre- 14 scribed by subsection (8) of this section, as applicable. 15 (3) In addition, the annual registration fee for trailers shall be: 16 (a) Trailer or semitrailer in a combination of vehicles ...........$15.00 17 (b) Rental utility trailer with a gross weight of two thousand (2,000) 18 pounds or less ......................................................$8.00 19 (c) Rental utility trailer with a gross weight over two thousand (2,000) 20 pounds .............................................................$15.00 21 (4) As an option to the trailer and semitrailer and rental utility 22 trailer annual registrations issued pursuant to subsection (3) of this sec- 23 tion, the department may provide a nonexpiring registration for trailers and 24 semitrailers, and an optional, extended registration for rental utility 25 trailers. 26 (a) For trailers and semitrailers, the nonexpiring registration fee shall 27 be one hundred five dollars ($105). The license plate originally issued 28 shall remain on the trailer or semitrailer until the registration is can- 29 celed. If the registrant does not transfer the plate and registration to 30 another trailer or semitrailer titled to the registrant, the plate and 31 registration shall be canceled and no part of the fee is subject to 32 refund. Provided however, the registrant may transfer the nonexpiring 33 plate and registration to another trailer or semitrailer titled to the 34 registrant. The registration document shall be the official record of the 35 status of the nonexpiring registration. No pressure-sensitive validation 36 sticker shall be required or issued for such nonexpiring license plate. 37 (b) For rental utility trailers, the registrant may prepay the annual 38 registration for an additional one (1), two (2), three (3) or four (4) 39 years, but in no event shall the optional registration period extend 40 beyond five (5) years. The fee shall be as specified in subsection (3)(b) 41 or (c) of this section. A pressure-sensitive sticker shall be used to val- 42 idate the license plate. The license plate shall become void if the 43 owner's interest in the rental utility trailer changes during the five (5) 44 year period. If the owner fails to enter the rental utility trailer on the 45 annual renewal application during the five (5) year period, the registra- 46 tion record shall be purged. Any unrenewed plate shall be returned to the 47 department if it is not entered on the renewal application. 48 (5) A fleet registration option is available to owners who have twenty- 49 five (25) or more commercial or farm vehicles or any combination thereof. Such 50 owners may register all of their company vehicles with the department in lieu 51 of registering with a county assessor. To qualify the fleet must be owned and 52 operated under the unified control of one (1) person and the vehicles must be 53 physically garaged and maintained in two (2) or more counties. Fleet registra- 54 tion shall not include fleets of rental vehicles. The department shall provide 55 a registration application to the owner and the owner shall provide all infor- 4 1 mation that the department determines is necessary. The department shall 2 devise a special license plate numbering system for fleet-registered vehicles 3 as an alternative to county license plates. The fleet registration application 4 and all subsequent registration renewals shall include the physical address 5 where a vehicle is principally used, garaged and maintained. The fleet owner 6 shall report the physical address to the department upon initial registration, 7 on each renewal, and at any time a vehicle registered under this option is 8 permanently transferred to another location. 9 (6) If the ownership of a vehicle changes during the registration period, 10 the original owner may transfer the plate to another vehicle. The remaining 11 fee shall be credited against the cost of the new registration. Refunds may be 12 given for any unexpired portion of the vehicle registration fee if the plate 13 is not transferred by the owner to another vehicle. Any request for refund 14 shall include surrender of the license plate, validation sticker and registra- 15 tion document. Owners of vehicles registered under the international registra- 16 tion plan may request a refund of the unexpired portion of the Idaho vehicle 17 registration fee by presenting evidence from the base jurisdiction that the 18 license plate, validation sticker and registration document have been surren- 19 dered. A license plate shall not be transferred to another owner when the own- 20 ership of a vehicle changes. The owner shall obtain a replacement plate, vali- 21 dation sticker if required, and a registration document when a plate is lost, 22 destroyed or becomes illegible. 23 (7) An administrative fee offoureight dollars ($48.00) shall be paid 24 and deposited to the state highway account on all registrations completed by 25 the department under subsections (1)orand (8)(a)of this section.Vehicles26registered under subsection (8)(b) of this section shall pay the fee provided27in section 49-435(2), Idaho Code.28 (8) There shall be paid on all commercial and farm vehicles having a max- 29 imum gross weight in excess of sixty thousand (60,000) pounds through one hun- 30 dred twenty-nine thousand (129,000) pounds, an annual registration feebased31upon the maximum gross weight of a vehicle as declared by the ownerof six 32 hundred sixty dollars ($660) andthe total number of milesa mileage surcharge 33 fee of four and one-half cents (4 1/2¢) for each mile driven on roads and 34 highways in the state, county, city and highway district systems in Idaho.,35and if registered under the international registration plan (IRP), in all36other jurisdictions. The appropriate registration fee shall be determined as37follows:38(a) If the owner registers vehicles under the international registration39plan (IRP), the appropriate mileage column shall be determined by the40total miles an owner operated a fleet of vehicles on roads and highways in41the state, county, city and highway district systems in Idaho and in all42other jurisdictions in the preceding year, as defined in section 49-117,43Idaho Code, and by the maximum gross weight of each vehicle within a44fleet.45(b) If the owner registers vehicles under the international registration46plan and determines that the average international registration plan fleet47miles, calculated by dividing the total IRP fleet miles in all jurisdic-48tions by the number of registered vehicles, is less than fifty thousand49one (50,001) miles, the owner may apply to the department for refund of a50portion of the registration fees paid, consistent with the fee schedules51set forth in this section. The department shall provide an application for52the refund. An owner making application for refund under this section53shall be subject to auditing as provided in section 49-439, Idaho Code.54(c) If the owner is not registering vehicles under the international reg-55istration plan, the appropriate mileage column shall be determined by the5 1total miles the owner operated each of the vehicles to be registered on2roads and highways in the state, county, city and highway district systems3in Idaho in the preceding year and by the maximum gross weight of each4vehicle.5Maximum Gross6Weight of VehicleTotal Miles Driven7(Pounds)81 to7,501 to20,001 to35,001 toOver97,50020,00035,00050,00050,0001060,001-62,000$223$ 511$ 789$1,068$1,5601162,001-64,000$251$ 576$ 890$1,205$1,7601264,001-66,000$280$ 642$ 992$1,342$1,9601366,001-68,000$309$ 707$1,093$1,479$2,1601468,001-70,000$337$ 773$1,194$1,615$2,3601570,001-72,000$366$ 838$1,295$1,752$2,5601672,001-74,000$394$ 904$1,396$1,889$2,7601774,001-76,000$423$ 969$1,498$2,026$2,9601876,001-78,000$451$1,035$1,599$2,163$3,1601978,001-80,000$480$1,100$1,700$2,300$3,3602080,001-82,000$494$1,133$1,751$2,368$3,4602182,001-84,000$509$1,165$1,801$2,437$3,5602284,001-86,000$523$1,198$1,852$2,505$3,6602386,001-88,000$537$1,231$1,902$2,574$3,7602488,001-90,000$551$1,264$1,953$2,642$3,8602590,001-92,000$566$1,296$2,004$2,711$3,9602692,001-94,000$580$1,329$2,054$2,779$4,0602794,001-96,000$594$1,362$2,105$2,848$4,1602896,001-98,000$609$1,395$2,155$2,916$4,2602998,001-100,000$623$1,427$2,206$2,985$4,36030100,001-102,000$637$1,460$2,257$3,053$4,46031102,001-104,000$651$1,493$2,307$3,121$4,56032104,001-106,000$666$1,526$2,358$3,190$4,66033106,001-108,000$680$1,558$2,408$3,258$4,76034108,001-110,000$694$1,591$2,459$3,327$4,86035110,001-112,000$709$1,624$2,510$3,395$4,96036112,001-114,000$723$1,657$2,560$3,464$5,06037114,001-116,000$737$1,689$2,611$3,532$5,16038116,001-118,000$751$1,722$2,661$3,601$5,26039118,001-120,000$766$1,755$2,712$3,669$5,36040120,001-122,000$780$1,788$2,763$3,738$5,46041122,001-124,000$794$1,820$2,813$3,806$5,56042124,001-126,000$809$1,853$2,864$3,874$5,66043126,001-128,000$823$1,886$2,914$3,943$5,76044128,001-129,000$837$1,918$2,965$4,011$5,86045 The department shall establish by rule recordkeeping and reporting require- 46 ments and shall prescribe the forms to be used.(d)In addition to the fees 47 set forth inparagraphs (a) and (c) ofthis subsection (8), an owner or opera- 48 tor may purchase a temporary permit as provided in section 49-432(2), Idaho 49 Code, for operation of a vehicle at a weight in excess of the current, valid, 50 registered maximum gross vehicle weight. The permit so issued shall be spe- 51 cific to the motor vehicle to which it is issued. No permit or fee shall be 52 transferable or apportionable to any other vehicle, nor shall any such fee be 53 refundable. 54(e) Any commercial or farm vehicle registered for more than sixty thou-55sand (60,000) pounds up to one hundred six thousand (106,000) pounds6 1traveling fewer than two thousand five hundred (2,500) miles annually on2roads and highways in the state, county, city and highway district systems3in Idaho shall pay an annual registration fee of two hundred fifty-five4dollars ($255). The provisions of section 49-437(2), Idaho Code, shall not5apply to vehicles registered under this subsection (8)(e).6 (9)(a) During the first registration year that the fee schedule in sub-7section (8)(c) of this section is in use, an owner shall use the mileage8data from the records used to report the mileage use fee in the immedi-9ately preceding year as the basis for determining the appropriate regis-10tration fee schedule.11(b) Any owner who registers a motor vehicle for the first time and who12has no mileage history for the vehicle shall estimate the miles to deter-13mine the appropriate fee schedule in subsection (8)(c) of this section.14When estimating the miles, the owner shall provide a statement on the15application of the method used to arrive at the estimated miles.16(c) Any owner using any fee schedule other than the highest fee schedule17under subsection (8)(c) of this section, shall certify at the time of reg-18istration that the miles operated in the preceding year do not exceed the19schedule applied for. Any owner using a fee schedule under subsection20(8)(c) of this section that is less than the highest schedule shall main-21tain records to substantiate the use of the schedule as required by sec-22tion 49-439, Idaho Code.23(10)An owner registering under subsection (8)(a) or (8)(c)of this sec- 24 tion may elect to pay the full annual registration fee at the time of regis- 25 tration or renewal of registration, or an owner may pay at least one-quarter 26 (1/4) of the annual registration fee due, plus a processing fee of thirty-five 27 dollars ($35.00). The remainder of the annual Idaho registration fee shall be 28 paid in three (3) equal installments on dates as billed by the department, 29 plus the processing fee for each installment payment. 30 (110) An owner registering or renewing a registration under subsection 31 (8)(a)of this section electing to use installment payments as provided in 32 subsection (109) of this section, shall pay all of the fees due to other IRP 33 jurisdictions in addition to one-quarter (1/4) of the Idaho fee due at the 34 time of registration or reregistration. The remainder of the annual Idaho reg- 35 istration fee shall be paid in three (3) equal installments on dates as billed 36 by the department. 37 (121) If any vehicle or combinations of vehicles haul nonreducible loads, 38 as authorized under the provisions of section 49-1004(1), Idaho Code,and39weigh less than the starting weights per axle configuration listed in column 140of subsection (2), section 49-1004, Idaho Code,then and in that event there 41 shall be paid for that vehicle, in addition to the other fees required in this 42 section, an additional road use feeof 2.1 mills per mile for each two thou-43sand (2,000) pounds or fraction thereof of the maximum gross weight in excess44of thoseas set forth in section 49-10014(2), Idaho Code. 45 SECTION 3. That Section 49-439, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 49-439. AUDIT GUIDELINES. (1) The state tax commission on behalf of the 48 department may audit an owner of motor vehicles subject to fees pursuant to 49 this chapter. 50 (2) Every owner whose fees are computed as specified in section 49-434 or 51 49-435, Idaho Code, except those registering under subsection (8)(c)of sec- 52 tion 49-434, Idaho Code, for over fifty thousand (50,000) miles driven, shall 53 maintain records and permit the state tax commission to inspect the records 7 1 upon request to substantiate that the actual miles traveled, if using a mile- 2 age schedule in subsection (8)(c)of section 49-434, Idaho Code, are less than 3 the maximum mileage schedule. 4 (3) When the records are maintained outside this state by owners engaged 5 in transportation in this state, the owner shall reimburse the state tax com- 6 mission for reasonable expenses incurred by the state tax commission in con- 7 ducting audits of those records and accounts at the out-of-state location. The 8 owner or the state tax commission may request that the records be presented at 9 a place within the state designated by the state tax commission. The records 10 must be presented by a representative of the owner who is familiar with the 11 records and who is responsible for the safekeeping of the records. 12 (4) Every owner is required to maintain records for the current year and 13 the three (3) years immediately preceding. If an assessment has been made, 14 such audit assessment may be collected by a proceeding in court within a 15 period of three (3) years after the assessment or a final order entered pursu- 16 ant to subsection (7) of this section. 17 (5) An owner who fails to maintain records as required by the provisions 18 of this section may have the registration of all vehicles registered under 19 section 49-434 or 49-435, Idaho Code, suspended until such time as adequate 20 records as required by the provisions of this section are provided. In the 21 event that the owner does not produce records, the state tax commission may 22 generate a notice of deficiency based on an estimate of the operation. The 23 state tax commission shall develop a methodology to be used to calculate a 24 notice of deficiency based on an estimate of the operation. That methodology 25 shall be in accordance with the international registration plan and interna- 26 tional fuel tax agreement guidelines. 27 (6) The state tax commission shall provide the carrier with notice of 28 deficiency and the opportunity to use the appeals process prior to a suspen- 29 sion. An owner may contest a notice of deficiency made by the state tax com- 30 mission within thirty (30) days from receipt of the notice by filing an appeal 31 in accordance with sections 63-3045, 63-3045B, 63-3047, 63-3048 and 63-3049, 32 Idaho Code. 33 (7) An owner, as identified by the state tax commission, who fails to pay 34 any audit assessment due is subject to suspension of vehicle registrations. A 35 reinstatement fee of forty dollars ($40.00) shall be imposed in addition to a 36 penalty of ten percent (10%) of the amount of audit assessment determined to 37 be due, plus interest of one percent (1%) of the amount of the audit assess- 38 ment due for each month or fraction thereof after the original registration 39 fee became due. An order suspending the vehicle registration shall be mailed 40 to the owner by the department. The suspension shall be canceled if the pay- 41 ment due is made, plus penalty and interest, along with the reinstatement fee 42 of forty dollars ($40.00) per carrier within fifteen (15) days after receipt 43 of the suspension order. The reinstatement fees shall be deposited to the 44 state highway account. The department shall not reregister or permit a vehicle 45 to operate on a trip permit until all audit assessments, penalties and inter- 46 est have been paid. 47 SECTION 4. The Idaho Transportation Department is authorized and directed 48 to apply the fee schedule in Section 2 of this act to registrations effective 49 on and after January 1, 2010, to all applications submitted during the period 50 July through December 2009. 51 SECTION 5. Section 4 of this act shall be in full force and effect on and 52 after July 1, 2009. Sections 1, 2 and 3 of this act shall be in full force and 53 effect on and after January 1, 2010.
STATEMENT OF PURPOSE
RS 17945
This legislation increases revenue to the state and local highway
jurisdictions. The legislation simplifies fee schedules and
applies fees equitably. First; the legislation increases fees
for vehicles 8,000 to 60,000 maximum gross weight licensed at the
counties. Second; the legislation combines all other vehicles
between 60,001 and 129,000 and sets a single fee for each truck
plus a mileage fee of $.045 per mile. Intrastate and Interstate
trucks are included in the latter category.
FISCAL IMPACT
There is no fiscal impact to the general fund. The estimated
increase to the Highway Distribution Account is $57.5 million
distributed: $32.8 million to the State Highway Account and $21.3
million to local jurisdictions and $2.9 million to the State
Police.
Contact
Name: Sen. Shawn Keough
Phone: 208-332-1000
Sen. Tim Corder
STATEMENT OF PURPOSE/FISCAL NOTE H 603