2008 Legislation
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SENATE BILL NO. 1306<br /> – MV, liability release statement fee


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Bill Status

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

Bill Text

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


                                       IN THE SENATE

                                    SENATE BILL NO. 1306

                                BY TRANSPORTATION COMMITTEE

  1                                        AN ACT
  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


  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.


  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.


  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


  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 / Fiscal Impact

                      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.

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

STATEMENT OF PURPOSE/FISCAL NOTE                             S 1306