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S1306.....................................................by TRANSPORTATION
MOTOR VEHICLE - RELEASE FROM LIABILITY - Amends existing law relating to
the Idaho Transportation Department to provide for the retention and
deposit of the release from liability statement fees by counties.
01/18 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Transp
02/01 Rpt out - rec d/p - to 2nd rdg
02/04 2nd rdg - to 3rd rdg
02/05 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett(Thorson), Werk
NAYS -- None
Absent and excused -- Gannon
Floor Sponsor - Heinrich
Title apvd - to House
02/06 House intro - 1st rdg - to Transp
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 65-0-5
AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
Roberts, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson,
Thayn, Thomas, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Anderson, Collins, Kren, Ruchti, Trail
Floor Sponsor - Wood(35)
Title apvd - to Senate
02/26 To enrol
02/27 Rpt enrol - Pres signed
02/28 Sp signed
02/29 To Governor
03/03 Governor signed
Session Law Chapter 55
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1306 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO TRANSPORTATION DEPARTMENT; AMENDING SECTION 49-202, 3 IDAHO CODE, TO PROVIDE FOR THE RETENTION AND DEPOSIT OF CERTAIN FEES BY 4 COUNTIES. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 49-202, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's license 9 records in the office of the department shall be public records and open to 10 inspection by the public during normal business hours, except for those 11 records declared by law to be for the confidential use of the department, or 12 those records containing personal information subject to restrictions or con- 13 ditions regarding disclosure. If the department has contracted for a service 14 to be provided by another entity, an additional fee shall be charged by that 15 contractor whether the service is rendered during normal business hours, other 16 than normal business hours or on weekends. 17 (2) In addition to other fees required by law to be collected by the 18 department, the department shall collect the following: 19 (a) For certifying a copy of any record pertaining to any vehicle 20 license, any certificate of title, or any driver's license ......... $8.00 21 (b) For issuing every Idaho certificate of title .................. $8.00 22 (c) For furnishing a duplicate copy of any Idaho certificate of title 23 .................................................................... $8.00 24 (d) For issuance or transfer of every certificate of title on a new or 25 used vehicle or other titled vehicle in an expedited manner (rush titles), 26 in addition to any other fee required by this section ............. $15.00 27 (e) For recording a transitional ownership document, in addition to any 28 other fee required by this section ................................ $15.00 29 (f) For furnishing a replacement of any receipt of registration ... $3.00 30 (g) For furnishing copies of registration or ownership of motor vehicles 31 or driver's license records, per vehicle registration, accident report 32 records, title or per driver's license record ...................... $4.00 33 Additional contractor fee, not to exceed ........................... $4.00 34 (h) For services in searching files of vehicle or other registrations, 35 vehicle titles, or driver's licenses per hour ..................... $10.00 36 (i) Placing "stop" cards in vehicle registration or title files, each 37 ................................................................... $12.00 38 (j) For issuance of an assigned or replacement vehicle identification 39 number (VIN) ...................................................... $10.00 40 (k) For a vehicle identification number (VIN) inspection whether con- 41 ducted by a city or county peace officer or any other peace officer or 42 designated agent of the state of Idaho, per inspection ............. $3.00 43 (l) For all replacement registration stickers, each ............... $1.00 2 1 (m) For issuing letters of temporary vehicle clearance to Idaho-based 2 motor carriers .................................................... $10.00 3 (n) For all sample license plates, each .......................... $12.00 4 (o) For filing release of liability statements .................... $2.00 5 (p) For safety and insurance programs for each vehicle operated by a 6 motor carrier ...................................................... $2.00 7 A lesser amount may be set by rule of the board. 8 (3) The fees required in this section shall not apply when the service is 9 furnished to any federal, state, county or city peace officer when such ser- 10 vice is required in the performance of their duties as peace officers. 11 (4) The department may enter into agreements with private companies or 12 public entities to provide the services for which a fee is collected in sub- 13 section (2)(g) of this section. Such private contractor shall collect the fee 14 prescribed and remit the fee to the department. The contractor shall also col- 15 lect and retain the additional fee charged for his services. 16 (5) (a) The department shall pay three dollars ($3.00) of the fee col- 17 lected by a county assessor or other agent of the department as provided 18 in subsection (2)(a) through (f) of this section, and four dollars ($4.00) 19 as provided in subsection (2)(g) of this section, to the county assessor 20 or sheriff of the county or agent collecting such fee, which shall be 21 deposited with the county treasurer and credited to the county current 22 expense fund. The remainder of the fees collected as provided in that sub- 23 section shall be paid by the department to the state treasurer and placed 24 in the state highway fund. 25 (b) The fee collected under subsection (2)(k) of this section for a VIN 26 inspection shall be placed in the city general fund if conducted by a city 27 peace officer, in the county current expense fund if conducted by a county 28 peace officer, shall be retained by the special agent authorized to per- 29 form the inspection, or paid to the state treasurer and placed to the 30 credit of the Idaho state police if conducted by the Idaho state police or 31 in the state highway fund if conducted by the department. 32 (c) The fee collected under subsection (2)(o) of this section for filing 33 release of liability statements shall be retained by the county assessor 34 of the county collecting such fee, and shall be deposited with the county 35 treasurer and credited to the county current expense fund. 36 (d) The fee in subsection (2)(m) of this section shall not apply when the 37 Idaho-based motor carrier or its representative obtains and prints the 38 document using internet access. 39 (de) The fee collected under subsection (2)(p) of this section for motor 40 carriers shall be paid by the department to the state treasurer and placed 41 in the state highway fund. The director and the director of the Idaho 42 state police shall jointly determine the amount to be transferred from the 43 state highway fund to the law enforcement fund for motor carrier safety 44 programs conducted by the Idaho state police pursuant to the provisions of 45 section 67-2901A, Idaho Code. 46 (6) The department as often as practicable may provide to law enforcement 47 agencies the record of suspensions and revocations of driver licenses via the 48 Idaho law enforcement telecommunications system (ILETS). 49 (7) The department shall provide the forms prescribed in chapter 5 of 50 this title, shall receive and file in its office in Ada county, all instru- 51 ments required in chapter 5 of this title to be filed with the department, 52 shall prescribe a uniform method of numbering certificates of title, and main- 53 tain in the department indices for such certificates of title. All indices 54 shall be by motor or identification number and alphabetical by name of the 55 owner. 3 1 (8) The department shall file each registration received under a distinc- 2 tive registration number assigned to the vehicle and to the owner thereof. 3 (9) The department shall not renew a driver's license or identification 4 card when fees required by law have not been paid or where fees for past 5 periods are due, owing and unpaid including insufficient fund checks, until 6 those fees have been paid. 7 (10) The department shall not grant the registration of a vehicle when: 8 (a) The applicant is not entitled to registration under the provisions of 9 this title; or 10 (b) The applicant has neglected or refused to furnish the department with 11 the information required in the appropriate form or reasonable additional 12 information required by the department; or 13 (c) The fees required by law have not been paid, or where fees for past 14 registration periods are due, owing and unpaid including insufficient fund 15 checks. 16 (11) The department or its authorized agents have the authority to request 17 any person to submit to medical, vision, highway, or written examinations, to 18 protect the safety of the public upon the highways. The department or its 19 authorized agents may exercise such authority based upon evidence which may 20 include, but is not limited to, observations made. 21 (12) The department shall revoke the registration of any vehicle: 22 (a) Which the department shall determine is unsafe or unfit to be oper- 23 ated or is not equipped as required by law; 24 (b) Whenever the person to whom the registration card or registration 25 plate has been issued shall make or permit to be made any unlawful use of 26 the same or permit their use by a person not entitled thereto; 27 (c) For any violation of vehicle registration requirements by the owner 28 or operator in the current or past registration periods; 29 (d) Whenever a motor carrier requests revocation, or whenever an inter- 30 state carrier's federal operating authority has been revoked; 31 (e) For failure of the owner or operator to file the reports required or 32 nonpayment of audit assessments or fees assessed against the owner by the 33 department or the state tax commission pursuant to audit under the provi- 34 sions of section 49-439, Idaho Code; 35 (f) Identified by any city or county administering a program established 36 by ordinance for the inspection and readjustment of motor vehicles (which 37 program is part of an approved state implementation plan adopted by both 38 the state and federal governments under 42 U.S.C. section 7410) as having 39 failed to comply with an ordinance requiring motor vehicle emission 40 inspection and readjustment; provided that no vehicle shall be identified 41 to the department under this subsection (f) unless: 42 (i) The city or county certifies to the department that the owner 43 of the motor vehicle has been given notice and had the opportunity 44 for a hearing concerning compliance with the ordinance and has 45 exhausted all remedies and appeals from any determination made at 46 such hearing; and 47 (ii) The city or county reimburses the department for all direct 48 costs associated with the registration revocation procedure. 49 (13) The department shall not reregister or permit a vehicle to operate on 50 a special trip permit until all fees, penalties and interest have been paid. 51 (14) The department shall institute educational programs, demonstrations, 52 exhibits and displays. 53 (15) The department shall cancel a driver's license or identification card 54 when fees required by law have not been paid or where fees are due, owing and 55 unpaid including insufficient fund checks, until those fees have been paid. 4 1 (16) The department shall examine persons and vehicles by written, oral, 2 vision and skills tests without compulsion except as provided by law. 3 (17) The department shall employ expert and special help as needed in the 4 department. 5 (18) The department shall compile accident statistics and disseminate 6 information relating to those statistics. 7 (19) The department shall cooperate with the United States in the elimina- 8 tion of road hazards, whether of a physical, visual or mental character. 9 (20) The department shall place and maintain traffic-control devices, con- 10 forming to the board's manual and specifications, upon all state highways as 11 it shall deem necessary to indicate and to carry out the provisions of this 12 title or to regulate, warn, or guide traffic. No local authority shall place 13 or maintain any traffic-control device upon any highway under the jurisdiction 14 of the department except by the latter's permission, except where the duly 15 elected officials of an incorporated city have established speed limits lower 16 than those set by the department on the portion of state highways, excluding 17 controlled-access and interstate highways, that pass through residential, 18 urban or business districts within the jurisdiction of the incorporated city. 19 The placement and maintenance of such a traffic-control device by a local 20 authority shall be made according to the board's manual and specifications for 21 a uniform system of traffic-control devices. 22 (21) The department may conduct an investigation of any bridge or other 23 elevated structure constituting a part of a highway, and if it shall find that 24 the structure cannot with safety to itself withstand vehicles traveling at a 25 speed otherwise permissible under this title, shall determine and declare the 26 maximum speed of vehicles which the structure can safely withstand, and shall 27 cause or permit suitable signs stating the maximum speed to be erected and 28 maintained before each end of the structure. 29 (22) Whenever the department shall determine on the basis of an engineer- 30 ing and traffic investigation that slow speeds on any highway or part of a 31 highway impede the normal and reasonable movement of traffic, the department 32 may determine and declare a minimum speed limit below which no person shall 33 drive a vehicle except when necessary for safe operation or in compliance with 34 law, and that limit shall be effective when posted upon appropriate fixed or 35 variable signs, except in cases where the duly elected officials of an incor- 36 porated city have established speed limits lower than those set by the depart- 37 ment on portions of state highways, excluding controlled-access and interstate 38 highways, that pass through residential, urban or business districts within 39 the jurisdiction of the incorporated city. 40 (23) The department shall regulate or prohibit the use of any controlled- 41 access highway by any class or kind of traffic which is found to be incompati- 42 ble with the normal and safe movement of traffic. 43 (24) The department shall erect and maintain traffic-control devices on 44 controlled-access highways on which any prohibitions are applicable. 45 (25) Wherever a highway crosses one (1) or more railroads at grade, the 46 department or local authorities within their respective jurisdictions shall 47 place and maintain stop signs, directing vehicular traffic approaching the 48 crossing to come to a full stop prior to entering the crossing at all railroad 49 crossings where electric or mechanical warning signals do not exist. Placement 50 of these stop signs shall be mandatory except when in the determination of 51 public highway agencies the existence of stop signs at a given crossing would 52 constitute a greater hazard than their absence based on a recognized engineer- 53 ing study. 54 Nothing in this subsection shall be construed as granting immunity to any 55 railroad company as to liability, if any, for an accident which might occur at 5 1 a crossing where stop signs are erected and in place, but liability, if any, 2 shall be determined as provided by law. Liability on the part of governmental 3 authorities on account of absence of any stop sign at a crossing shall be 4 determined as provided by law. 5 (26) The department and local authorities are authorized to determine 6 those portions of any highway under their respective jurisdictions where over- 7 taking and passing or driving on the left side of the roadway would be espe- 8 cially hazardous and may by appropriate signs or markings on the roadway indi- 9 cate the beginning and end of those zones and when signs or markings are in 10 place and clearly visible to an ordinarily observant person, every driver of a 11 vehicle shall obey those directions. 12 (27) The department and local authorities in their respective jurisdic- 13 tions may in their discretion issue special permits authorizing the operation 14 upon a highway of traction engines or tractors having movable tracks with 15 transverse corrugations upon the periphery of the movable tracks or farm trac- 16 tors or other farm machinery, the operation of which upon a highway would 17 otherwise be prohibited under this title or title 40, Idaho Code. 18 (28) The department and local highway authorities within their respective 19 jurisdictions may place official traffic-control devices prohibiting, limiting 20 or restricting the stopping, standing or parking of vehicles on any highway 21 where such stopping, standing or parking is dangerous to those using the high- 22 way or where the stopping, standing or parking of vehicles unduly interferes 23 with the free movement of traffic thereon. 24 (29) On any informational material printed after July 1, 1995, by or at 25 the order of the department and distributed to counties, school districts or 26 individuals for the purpose of assisting a person to successfully pass a dri- 27 ver's license test, the department shall include material about the state's 28 open range law and responsibilities, liabilities and obligations of drivers 29 driving in the open range.
STATEMENT OF PURPOSE
RS 17347
This legislation amends language regarding retention of the $2.00
fee for processing the filing of release of liability forms on
the sale of vehicles. Amendments provide that the county
processing the release of liability form may retain the fee, and
that fee shall be deposited in the county current expense fund.
This has been the practice for several years, based upon a
department decision that if a county completes the transaction,
they should retain the fee for their administrative work to help
offset the cost of doing business. This legislation is for clean-
up purposes in order to match code to current practice.
FISCAL NOTE
No fiscal impact, as this is already in practice.
CONTACT
Name: Amy Smith
Agency: Idaho Transportation Department
Phone: 334-8660
STATEMENT OF PURPOSE/FISCAL NOTE S 1306