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SENATE BILL NO. 1113

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S1113.....................................................by TRANSPORTATION

TRANSPORTATION DEPARTMENT - FEES - Amends existing law relating to the

Idaho Transportation Department to increase fees associated with titling,

licensing and vehicle identification numbers, driver's licenses, permits

and testing and to provide for distribution of the increased amounts; to

increase fees for reinstatement of licenses and to provide for distribution

of an increase; to increase fees for issuing temporary registration permits

and salvage titles; to increase fees for certification of self-insurance;

to increase fees for issuing dealer's, salesman's, vehicle manufacturer's

and distributor's licenses, identification cards and dealer's business

location licenses; and to increase the fee for issuing identification cards

and to provide for distribution of the increased fees.

                                                                        

02/09    Senate intro - 1st rdg - to printing

02/12    Rpt prt - to Transp

Bill Text




                                                                        

                                                                        

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]

 Fifty-ninth Legislature                   First Regular Session - 2007

                                                                        

                                                                        

                                       IN THE SENATE

                                                                        

                                    SENATE BILL NO. 1113

                                                                        

                                BY TRANSPORTATION COMMITTEE

                                                                        

  1                                        AN ACT

  2    RELATING TO FEES CHARGED BY THE IDAHO TRANSPORTATION DEPARTMENT; AMENDING SEC-

  3        TION 49-202, IDAHO CODE, TO INCREASE FEES ASSOCIATED WITH TITLING, LICENS-

  4        ING AND VEHICLE IDENTIFICATION NUMBERS AND TO MAKE A TECHNICAL CORRECTION;

  5        AMENDING SECTION  49-306,  IDAHO  CODE,  TO  INCREASE  FEES  FOR  DRIVER'S

  6        LICENSES,  PERMITS  AND  TESTING  AND  TO  PROVIDE FOR DISTRIBUTION OF THE

  7        INCREASED AMOUNTS; AMENDING SECTION 49-328, IDAHO CODE, TO  INCREASE  FEES

  8        FOR  REINSTATEMENT  OF  LICENSES  AND  TO  PROVIDE  FOR DISTRIBUTION OF AN

  9        INCREASE; AMENDING SECTION 49-523, IDAHO CODE, TO INCREASE FEES FOR  ISSU-

 10        ING  TEMPORARY  REGISTRATION  PERMITS  AND TO MAKE A TECHNICAL CORRECTION;

 11        AMENDING SECTION 49-525, IDAHO CODE, TO INCREASE FEES FOR ISSUING  SALVAGE

 12        TITLES;  AMENDING SECTION 49-1224, IDAHO CODE, TO INCREASE FEES FOR CERTI-

 13        FICATION OF SELF-INSURANCE;  AMENDING  SECTION  49-1607,  IDAHO  CODE,  TO

 14        INCREASE FEES FOR ISSUING DEALER'S, SALESMAN'S, VEHICLE MANUFACTURER'S AND

 15        DISTRIBUTOR'S  LICENSES,  IDENTIFICATION CARDS AND DEALER'S BUSINESS LOCA-

 16        TION LICENSES; AMENDING SECTION 49-2444, IDAHO CODE, TO INCREASE  THE  FEE

 17        FOR  ISSUING  IDENTIFICATION  CARDS AND TO PROVIDE FOR DISTRIBUTION OF THE

 18        INCREASED AMOUNTS; AND PROVIDING AN EFFECTIVE DATE.

                                                                        

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

                                                                        

 20        SECTION 1.  That Section 49-202, Idaho Code, be, and the  same  is  hereby

 21    amended to read as follows:

                                                                        

 22        49-202.  DUTIES  OF  DEPARTMENT. (1) All registration and driver's license

 23    records in the office of the department shall be public records  and  open  to

 24    inspection  by  the  public  during  normal  business  hours, except for those

 25    records declared by law to be for the confidential use of the  department,  or

 26    those  records containing personal information subject to restrictions or con-

 27    ditions regarding disclosure. If the department has contracted for  a  service

 28    to  be  provided by another entity, an additional fee shall be charged by that

 29    contractor whether the service is rendered during normal business hours, other

 30    than normal business hours or on weekends.

 31        (2)  In addition to other fees required by law  to  be  collected  by  the

 32    department, the department shall collect the following:

 33        (a)  For  certifying  a  copy  of  any  record  pertaining  to any vehicle

 34        license, any certificate of title, or any driver's license ....... $814.00

 35        (b)  For issuing every Idaho certificate of title ................ $814.00

 36        (c)  For furnishing a duplicate copy of any  Idaho  certificate  of  title

 37        .................................................................. $814.00

 38        (d)  For  issuance  or  transfer of every certificate of title on a new or

 39        used vehicle or other titled vehicle in an expedited manner (rush titles),

 40        in addition to any other fee required by this section ........... $1526.00

 41        (e)  For recording a transitional ownership document, in addition  to  any

 42        other fee required by this section .............................. $1526.00

 43        (f)  For furnishing a replacement of any receipt of registration .. $35.00

                                                                        

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  1        (g)  For  furnishing copies of registration or ownership of motor vehicles

  2        or driver's license records, per  vehicle  registration,  accident  report

  3        records, title or per driver's license record ..................... $47.00

  4        Additional contractor fee, not to exceed ........................... $4.00

  5        (h)  For  services  in  searching files of vehicle or other registrations,

  6        vehicle titles, or driver's licenses per hour ................... $1018.00

  7        (i)  Placing "stop" cards in vehicle registration  or  title  files,  each

  8        ................................................................. $1221.00

  9        (j)  For  issuance  of  an  assigned or replacement vehicle identification

 10        number (VIN) .................................................... $1018.00

 11        (k)  For a vehicle identification number  (VIN)  inspection  whether  con-

 12        ducted  by  a  city  or countyNext Hit peace officer or any other peace officer or

 13        designated agent of the state of Idaho, per inspection ............ $35.00

 14        (l)  For all replacement registration stickers, each .............. $12.00

 15        (m)  For issuing letters of temporary vehicle  clearance  to  Idaho  based

 16        motor carriers .................................................. $1018.00

 17        (n)  For all sample license plates, each ........................ $1221.00

 18        (o)  For filing release of liability statements .................... $2.00

 19        (p)  For  safety  and  insurance  programs  for each vehicle operated by a

 20        motor carrier ...................................................... $2.00

 21        A lesser amount may be set by rule of the board.

 22        (3)  The fees required in this section shall not apply when the service is

 23    furnished to any federal, state, 


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 24    vice is required in the performance of their duties as peace officers.

 25        (4)  The  department  may  enter into agreements with private companies or

 26    public entities to provide the services for which a fee is collected  in  sub-

 27    section  (2)(g) of this section. Such private contractor shall collect the fee

 28    prescribed and remit the fee to the department. The contractor shall also col-

 29    lect and retain the additional fee charged for his services.

 30        (5)  (a) The department shall pay three dollars ($3.00) of  the  fee  col-

 31        lected  by  a 


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 32        in subsection (2)(a) through (f) of this section, and four dollars ($4.00)

 33        as provided in subsection (2)(g) of this section, to the  


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 34        or  


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 35        deposited with the 


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 36        expense fund. The remainder of the fees collected as provided in that sub-

 37        section  shall be paid by the department to the state treasurer and placed

 38        in the state highway fund.

 39        (b)  The fee collected under subsection (2)(k) of this section for  a  VIN

 40        inspection shall be placed in the city general fund if conducted by a city

 41        peace officer, in the 


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 42        peace  officer,  shall be retained by the special agent authorized to per-

 43        form the inspection, or paid to the state  treasurer  and  placed  to  the

 44        credit of the Idaho state police if conducted by the Idaho state police or

 45        in the state highway fund if conducted by the department.

 46        (c)  The  fee  collected under subsection (2)(p) of this section for motor

 47        carriers shall be paid by the department to the state treasurer and placed

 48        in the state highway fund. The director and  the  director  of  the  Idaho

 49        state police shall jointly determine the amount to be transferred from the

 50        state  highway  fund  to the law enforcement fund for motor carrier safety

 51        programs conducted by the Idaho state police pursuant to the provisions of

 52        section 67-2901A, Idaho Code.

 53        (6)  The department as often as practicable may provide to law enforcement

 54    agencies the record of suspensions and revocations of driver licenses via  the

 55    Idaho law enforcement telecommunications system (ILETS).

                                                                        

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  1        (7)  The  department  shall  provide  the forms prescribed in chapter 5 of

  2    this title, shall receive and file in its office in Ada  


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  3    ments  required  in  chapter  5 of this title to be filed with the department,

  4    shall prescribe a uniform method of numbering certificates of title, and main-

  5    tain in the department indices for such certificates  of  title.  All  indices

  6    shall  be  by  motor  or identification number and alphabetical by name of the

  7    owner.

  8        (8)  The department shall file each registration received under a distinc-

  9    tive registration number assigned to the vehicle and to the owner thereof.

 10        (9)  The department shall not renew a driver's license  or  identification

 11    card  when  fees  required  by  law  have not been paid or where fees for past

 12    periods are due, owing and unpaid including insufficient  fund  checks,  until

 13    those fees have been paid.

 14        (10) The department shall not grant the registration of a vehicle when:

 15        (a)  The applicant is not entitled to registration under the provisions of

 16        this title; or

 17        (b)  The applicant has neglected or refused to furnish the department with

 18        the  information required in the appropriate form or reasonable additional

 19        information required by the department; or

 20        (c)  The fees required by law have not been paid, or where fees  for  past

 21        registration periods are due, owing and unpaid including insufficient fund

 22        checks.

 23        (11) The department or its authorized agents have the authority to request

 24    any  person to submit to medical, vision, highway, or written examinations, to

 25    protect the safety of the public upon the  highways.  The  department  or  its

 26    authorized  agents  may  exercise such authority based upon evidence which may

 27    include, but is not limited to, observations made.

 28        (12) The department shall revoke the registration of any vehicle:

 29        (a)  Which the department shall determine is unsafe or unfit to  be  oper-

 30        ated or is not equipped as required by law;

 31        (b)  Whenever  the  person  to  whom the registration card or registration

 32        plate has been issued shall make or permit to be made any unlawful use  of

 33        the same or permit their use by a person not entitled thereto;

 34        (c)  For  any  violation of vehicle registration requirements by the owner

 35        or operator in the current or past registration periods;

 36        (d)  Whenever a motor carrier requests revocation, or whenever  an  inter-

 37        state carrier's federal operating authority has been revoked;

 38        (e)  For  failure of the owner or operator to file the reports required or

 39        nonpayment of audit assessments or fees assessed against the owner by  the

 40        department  or the state tax commission pursuant to audit under the provi-

 41        sions of section 49-439, Idaho Code;

 42        (f)  Identified by any city or 


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 43        by  ordinance for the inspection and readjustment of motor vehicles (which

 44        program is part of an approved state implementation plan adopted  by  both

 45        the  state and federal governments under 42 U.S.C. section 7410) as having

 46        failed to comply  with  an  ordinance  requiring  motor  vehicle  emission

 47        inspection  and readjustment; provided that no vehicle shall be identified

 48        to the department under this subsection (f) unless:

 49             (i)   The city or 


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 50             of  the  motor  vehicle has been given notice and had the opportunity

 51             for a hearing  concerning  compliance  with  the  ordinance  and  has

 52             exhausted  all  remedies  and  appeals from any determination made at

 53             such hearing; and

 54             (ii)  The city or 


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 55             costs associated with the registration revocation procedure.

                                                                        

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  1        (13) The department shall not reregister or permit a vehicle to operate on

  2    a special trip permit until all fees, penalties and interest have been paid.

  3        (14) The  department shall institute educational programs, demonstrations,

  4    exhibits and displays.

  5        (15) The department shall cancel a driver's license or identification card

  6    when fees required by law have not been paid or where fees are due, owing  and

  7    unpaid including insufficient fund checks, until those fees have been paid.

  8        (16) The  department  shall examine persons and vehicles by written, oral,

  9    vision and skills tests without compulsion except as provided by law.

 10        (17) The department shall employ expert and special help as needed in  the

 11    department.

 12        (18) The  department  shall  compile  accident  statistics and disseminate

 13    information relating to those statistics.

 14        (19) The department shall cooperate with the United States in the elimina-

 15    tion of road hazards, whether of a physical, visual or mental character.

 16        (20) The department shall place and maintain traffic-control devices, con-

 17    forming to the board's manual and specifications, upon all state  highways  as

 18    it  shall  deem  necessary to indicate and to carry out the provisions of this

 19    title or to regulate, warn, or guide traffic. No local authority  shall  place

 20    or maintain any traffic-control device upon any highway under the jurisdiction

 21    of  the  department  except  by the latter's permission, except where the duly

 22    elected officials of an incorporated city have established speed limits  lower

 23    than  those  set by the department on the portion of state highways, excluding

 24    controlled-access and interstate  highways,  that  pass  through  residential,

 25    urban  or business districts within the jurisdiction of the incorporated city.

 26    The placement and maintenance of such a  traffic-control  device  by  a  local

 27    authority shall be made according to the board's manual and specifications for

 28    a uniform system of traffic-control devices.

 29        (21) The  department  may  conduct an investigation of any bridge or other

 30    elevated structure constituting a part of a highway, and if it shall find that

 31    the structure cannot with safety to itself withstand vehicles traveling  at  a

 32    speed  otherwise permissible under this title, shall determine and declare the

 33    maximum speed of vehicles which the structure can safely withstand, and  shall

 34    cause  or  permit  suitable  signs stating the maximum speed to be erected and

 35    maintained before each end of the structure.

 36        (22) Whenever the department shall determine on the basis of an  engineer-

 37    ing  and  traffic  investigation  that slow speeds on any highway or part of a

 38    highway impede the normal and reasonable movement of traffic,  the  department

 39    may  determine  and  declare a minimum speed limit below which no person shall

 40    drive a vehicle except when necessary for safe operation or in compliance with

 41    law, and that limit shall be effective when posted upon appropriate  fixed  or

 42    variable  signs, except in cases where the duly elected officials of an incor-

 43    porated city have established speed limits lower than those set by the depart-

 44    ment on portions of state highways, excluding controlled-access and interstate

 45    highways, that pass through residential, urban or  business  districts  within

 46    the jurisdiction of the incorporated city.

 47        (23) The  department shall regulate or prohibit the use of any controlled-

 48    access highway by any class or kind of traffic which is found to be incompati-

 49    ble with the normal and safe movement of traffic.

 50        (24) The department shall erect and maintain  traffic-control  devices  on

 51    controlled-access highways on which any prohibitions are applicable.

 52        (25) Wherever  a  highway  crosses one (1) or more railroads at grade, the

 53    department or local authorities within their  respective  jurisdictions  shall

 54    place  and  maintain  stop  signs, directing vehicular traffic approaching the

 55    crossing to come to a full stop prior to entering the crossing at all railroad

                                                                        

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  1    crossings where electric or mechanical warning signals do not   exist.  Place-

  2    ment  of  these stop signs shall be mandatory except when in the determination

  3    of public highway agencies the existence of stop signs  at  a  given  crossing

  4    would  constitute  a  greater  hazard than their absence based on a recognized

  5    engineering study.

  6        Nothing in this subsection shall be construed as granting immunity to  any

  7    railroad company as to liability, if any, for an accident which might occur at

  8    a  crossing  where stop signs are erected and in place, but liability, if any,

  9    shall be determined as provided by law. Liability on the part of  governmental

 10    authorities  on  account  of  absence  of any stop sign at a crossing shall be

 11    determined as provided by law.

 12        (26) The department and local  authorities  are  authorized  to  determine

 13    those portions of any highway under their respective jurisdictions where over-

 14    taking  and  passing or driving on the left side of the roadway would be espe-

 15    cially hazardous and may by appropriate signs or markings on the roadway indi-

 16    cate the beginning and end of those zones and when signs or  markings  are  in

 17    place and clearly visible to an ordinarily observant person, every driver of a

 18    vehicle shall obey those directions.

 19        (27) The  department  and  local authorities in their respective jurisdic-

 20    tions may in their discretion issue special permits authorizing the  operation

 21    upon  a  highway  of  traction  engines or tractors having movable tracks with

 22    transverse corrugations upon the periphery of the movable tracks or farm trac-

 23    tors or other farm machinery, the operation of  which  upon  a  highway  would

 24    otherwise be prohibited under this title or title 40, Idaho Code.

 25        (28) The  department and local highway authorities within their respective

 26    jurisdictions may place official traffic-control devices prohibiting, limiting

 27    or restricting the stopping, standing or parking of vehicles  on  any  highway

 28    where such stopping, standing or parking is dangerous to those using the high-

 29    way  or  where the stopping, standing or parking of vehicles unduly interferes

 30    with the free movement of traffic thereon.

 31        (29) On any informational material printed after July 1, 1995,  by  or  at

 32    the  order  of the department and distributed to counties, school districts or

 33    individuals for the purpose of assisting a person to successfully pass a  dri-

 34    ver's  license  test,  the department shall include material about the state's

 35    open range law and responsibilities, liabilities and  obligations  of  drivers

 36    driving in the open range.

                                                                        

 37        SECTION  2.  That  Section  49-306, Idaho Code, be, and the same is hereby

 38    amended to read as follows:

                                                                        

 39        49-306.  APPLICATION  FOR  DRIVER'S  LICENSE,   INSTRUCTION   PERMIT,   OR

 40    RESTRICTED  SCHOOL  ATTENDANCE  DRIVING  PERMIT. (1) Every application for any

 41    instruction permit, restricted school attendance driving permit, or for a dri-

 42    ver's license shall be made upon a form furnished by the department and  shall

 43    be  verified  by the applicant before a person authorized to administer oaths.

 44    Officers and employees of the department and sheriffs and their  deputies  are

 45    authorized  to  administer  the  oaths without charge. Every application for a

 46    permit, extension or driver's license shall be accompanied  by  the  following

 47    fee, none of which is refundable:

 48        (a)  Class  A,  B, C (4-year) license with endorsements - age 21 years and

 49        older ........................................................ $28.5040.00

 50        (b)  Class A, B, C (3-year) license with endorsements - age 18 to 21 years

 51        .............................................................. $20.5030.00

 52        (c)  Class A, B, C (1-year) license  with  endorsements  -  age  20  years

 53        .............................................................. $12.2515.00

                                                                        

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  1        (d)  Class D (3-year) license - under age 18 years ........... $20.5025.00

  2        (e)  Class D (3-year) license - age 18 to 21 years ........... $20.5025.00

  3        (f)  Class D (1-year) license - age 17 years or age 20 years . $12.2515.00

  4        (g)  Four-year Class D license - age 21 years and older ...... $24.5030.00

  5        (h)  Eight-year Class D license - age 21 to 63 years ......... $45.0055.00

  6        (i)  Class A, B, C instruction permit ........................ $19.5029.00

  7        (j)  Class D instruction permit or supervised instruction permit .........

  8        .............................................................. $11.5015.00

  9        (k)  Duplicate  driver's  license  or  permit issued under section 49-318,

 10        Idaho Code ................................................... $11.5015.00

 11        (l)  Driver's license extension issued under section 49-319, Idaho Code ..

 12        .............................................................. $ 6.5010.00

 13        (m)  License classification change (upgrade) ................. $15.5025.00

 14        (n)  Endorsement addition .................................... $11.5015.00

 15        (o)  Class A, B, C skills tests ................... not more than $5570.00

 16        (p)  Class D skills test ........................................ $1521.00

 17        (q)  Motorcycle endorsement skills test ......................... $ 510.00

 18        (r)  Knowledge test ............................................... $ 3.00

 19        (s)  Seasonal driver's license ............................... $27.5039.00

 20        (t)  One time motorcycle "M" endorsement ..................... $11.5015.00

 21        (u)  Motorcycle endorsement instruction permit ............... $11.5015.00

 22        (v)  Restricted driving permit or  restricted  school  attendance  driving

 23        permit .......................................................... $3560.00

 24        (2)  Every  application shall state the true and full name, date of birth,

 25    sex, declaration of Idaho  residency,  Idaho  residence  address  and  mailing

 26    address,  if  different, of the applicant, height, weight, hair color, and eye

 27    color,  and  the  applicant's  social  security  number  as  verified  by  the

 28    applicant's social security card or by the social security administration.

 29        (a)  The requirement that an applicant provide a social security number as

 30        verified by his social security card or by the social security administra-

 31        tion shall apply only to applicants who have been assigned a social  secu-

 32        rity number.

 33        (b)  An  applicant  who  has  not  been  assigned a social security number

 34        shall:

 35             (i)   Present written verification from the social security  adminis-

 36             tration  that  the  applicant has not been assigned a social security

 37             number; and

 38             (ii)  Submit a birth certificate, passport or other documentary  evi-

 39             dence  issued  by  an entity other than a state or the United States;

 40             and

 41             (iii) Submit such proof as the department may require that the appli-

 42             cant is lawfully present in the United States.

 43        A driver's license or any instruction permit issued on and  after  January

 44    1, 1993, shall not contain an applicant's social security number. Applications

 45    on file shall be exempt from disclosure except as provided in sections 49-202,

 46    49-203, 49-203A and 49-204, Idaho Code.

 47        Every  application  for  a  class  A, B or C license shall state where the

 48    applicant has been licensed for the preceding ten (10) years and all  applica-

 49    tions shall also state whether the applicant has previously been licensed as a

 50    driver,  and  if so, when and by what state or country, and whether a driver's

 51    license or privileges have ever been suspended, revoked, denied, disqualified,

 52    canceled or whether an application has ever been refused, and if so, the  date

 53    of  and  reason for the suspension, revocation, denial, disqualification, can-

 54    cellation or refusal and the applicant's oath that all information is  correct

 55    as signified by the applicant's signature.

                                                                        

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  1        The  applicant  may  be required to submit proof of identity acceptable to

  2    the  examiner or the department and date of birth as set forth in a  certified

  3    copy  of his birth certificate when obtainable, or another document which pro-

  4    vides satisfactory evidence of a person's date  of  birth  acceptable  to  the

  5    examiner or the department.

  6        (c)  Individuals  required to register in compliance with section 3 of the

  7        federal military selective service act, 50 U.S.C. App.  451  et  seq.,  as

  8        amended,  shall  be  provided  an opportunity to fulfill such registration

  9        requirements in conjunction with an application for a driver's license  or

 10        instruction  permit.  Any  registration  information  so supplied shall be

 11        transmitted by the department to the selective service system.

 12        (3)  Whenever an application is received from a person previously licensed

 13    in another jurisdiction, the department shall request a copy of  the  driver's

 14    record  from the other jurisdiction and shall contact the national driver reg-

 15    ister. When received, the driver's record from the previous jurisdiction shall

 16    become a part of the driver's record in this state with  the  same  force  and

 17    effect  as though entered on the driver's record in this state in the original

 18    instance.

 19        (4)  Whenever the department receives a request for a driver's record from

 20    another licensing jurisdiction, the record shall be forwarded without charge.

 21        (5)  The department shall contact and notify the commercial driver license

 22    information system of the proposed application for a class A, B or C  driver's

 23    license  to  ensure  identification  of  the person and to obtain clearance to

 24    issue the license.

 25        (6)  When the fees required under this section are collected by  a  


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 26    officer,  they  shall be paid over to the 


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 27    monthly, who shall immediately:

 28        (a)  Deposit an amount equal to five dollars ($5.00)  from  each  driver's

 29        license  except  an eight-year class D license, or any class D instruction

 30        permit application fees, application for a duplicate driver's  license  or

 31        permit,  classification  change,  seasonal driver's license and additional

 32        endorsement, and ten dollars ($10.00) from each eight-year  class  D  dri-

 33        ver's license, in the current expense fund; and

 34        (b)  Deposit  two  dollars  and  fifty  cents ($2.50) from each motorcycle

 35        endorsement and motorcycle endorsement instruction permit fee in the  cur-

 36        rent expense fund; and

 37        (c)  Deposit  an amount equal to three dollars ($3.00) from each fee for a

 38        knowledge test in the current expense fund; and

 39        (d)  Deposit an amount equal to five ten dollars ($510.00) from  each  fee

 40        for a motorcycle endorsement skills test in the current expense fund; pro-

 41        vided  however,  if  a  contractor administers the skills test he shall be

 42        entitled to the five ten dollar ($510.00) fee; and

 43        (e)  Remit the remainder to the state treasurer; and

 44        (f)  Deposit eleven fifteen dollars and fifty cents  ($11.5015.00)    from

 45        each  fee  for a class D skills test into the 


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 46        unless the test is administered by a  department-approved  contractor,  in

 47        which  case the contractor shall be entitled to eleven fifteen dollars and

 48        fifty cents ($11.5015.00) of each fee.

 49        (7)  When the fees required under this section are collected  by  a  state

 50    officer or agency, they shall be paid over to the state treasurer.

 51        (8)  The  state  treasurer  shall distribute the moneys received from fees

 52    imposed by the provisions of this section, whether collected by a 


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 53    cer or by a state officer or agency as follows:

 54        (a)  Two dollars ($2.00) of each fee for a four-year driver's  license  or

 55        seasonal  driver's  license,  and  four dollars ($4.00) of each fee for an

                                                                        

                                       8

                                                                        

  1        eight-year class D driver's  license,  and  one  dollar  and  fifty  cents

  2        ($1.50) of each fee charged for driver's licenses  pursuant to subsections

  3        (1)(b),  (d)  and  (e)  of this section, and fifty cents (50¢) of each fee

  4        charged for driver's licenses pursuant to subsections (1)(c)  and  (f)  of

  5        this section, shall be deposited in the emergency medical services fund II

  6        created  in section 56-1018A, Idaho Code, and four dollars ($4.00) of each

  7        fee charged pursuant to subsections (1)(a), (g) and (s)  of  this  section

  8        and  eight  dollars  ($8.00)  of  each  fee charged pursuant to subsection

  9        (1)(h) of this section and three dollars ($3.00) of each fee for  driver's

 10        licenses  pursuant to subsections (1)(b), (d) and (e) of this section, and

 11        one dollar ($1.00) of each fee charged for driver's licenses  pursuant  to

 12        subsections (1)(c) and (f) of this section shall be deposited in the emer-

 13        gency  medical  services fund III created in section 56-1018B, Idaho Code;

 14        and

 15        (b)  Sixteen Twenty-eight dollars and fifty cents ($16.5028.00)   of  each

 16        fee  for  a seasonal or class A, B or C driver's license, and ten nineteen

 17        dollars  and fifty cents ($10.0019.50) of each fee charged for  a  license

 18        pursuant  to subsection (1)(b) of this section, and five eight dollars and

 19        forty-one sixteen cents ($5.418.16) of each fee charged for a license pur-

 20        suant to subsection (1)(c) of this section shall be deposited in the state

 21        highway fund; and

 22        (c)  Ten Twenty dollars and fifty cents ($10.5020.00) of each  fee  for  a

 23        class  A,  B  or  C  instruction permit or driver's license classification

 24        change shall be deposited in the state highway fund; and

 25        (d)  Four dollars ($4.00) of each fee for a class A, B  or  C  instruction

 26        permit  shall be deposited in the emergency medical services fund III cre-

 27        ated in section 56-1018B, Idaho Code; and

 28        (e)  Six Ten dollars and fifty cents ($6.5010.00)    of  each  fee  for  a

 29        duplicate  seasonal  or  class A, B or C driver's license, class A, B or C

 30        driver's license extension, or additional endorsement shall  be  deposited

 31        in the state highway fund; and

 32        (f)  Four  Seven  dollars  and  fifty cents  ($4.007.50) of each fee for a

 33        motorcycle endorsement and motorcycle endorsement instruction permit shall

 34        be deposited in the state highway fund; and

 35        (g)  Five dollars and thirty cents ($5.30) of each  fee  for  a  four-year

 36        class D driver's license, and ten dollars and sixty cents ($10.60) of each

 37        fee  for  an eight-year class D driver's license, and four dollars ($4.00)

 38        of each fee charged for a license pursuant to subsections (1)(d)  and  (e)

 39        of this section, and one dollar and thirty-three cents ($1.33) of each fee

 40        charged  for a license pursuant to subsection (1)(f) of this section shall

 41        be deposited in the driver training fund; and

 42        (h)  Seven Twelve dollars and twenty seventy cents  ($7.2012.70)  of  each

 43        fee  for  a four-year class D driver's license, and ten twenty dollars and

 44        forty cents ($120.40) of each fee  for  an  eight-year  class  D  driver's

 45        license,  and  six  ten  dollars  and fifty cents ($6.0010.50) of each fee

 46        charged for a license pursuant to subsections (1)(d) and (e) of this  sec-

 47        tion,  and  four  six dollars and eight eighty-three  cents ($4.086.83) of

 48        each fee charged for a license pursuant to subsection (1)(f) of this  sec-

 49        tion shall be deposited in the highway distribution fund; and

 50        (i)  Two  dollars  and  sixty  cents  ($2.60)  of  each  fee for a class D

 51        instruction permit, duplicate class D  license  or  permit,  and  class  D

 52        license extension shall be deposited in the driver training fund; and

 53        (j)  Three  Seven  dollars  and ninety forty cents ($3.907.40) of each fee

 54        for a class D instruction permit, duplicate class D license or permit, and

 55        class D license extension shall be deposited in the  highway  distribution

                                                                        

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  1        fund; and

  2        (k)  Five  Ten  dollars ($510.00) of each fee for a class A, B or C skills

  3        test shall be deposited in the state highway fund; and

  4        (l)  One dollar ($1.00) of each fee for a class A, B,  C  or  four-year  D

  5        driver's  license,  and  two dollars ($2.00) of each fee for an eight-year

  6        class D driver's license, and one dollar ($1.00) of each fee charged for a

  7        license pursuant to subsections (1)(b), (d) and (e) of this  section,  and

  8        thirty-four cents (34¢) of each fee charged for a license pursuant to sub-

  9        sections  (1)(c)  and (f) of this section shall be deposited in the motor-

 10        cycle safety program fund established in section 33-4904, Idaho Code; and

 11        (m)  Three Six dollars and fifty cents ($3.506.00)   of  each  fee  for  a

 12        class D skills test shall be deposited into the state highway fund.

 13        (9)  The  contractor  administering a class A, B or C skills test shall be

 14    entitled to not more than fifty sixty dollars ($560.00) of the  skills    test

 15    fee.  A  contractor administering a class A, B or C skills test may collect an

 16    additional fee for the use of the contractor's vehicle for the skills test.

 17        (10) Thirty-five Sixty dollars ($3560.00) of each restricted driving  per-

 18    mit and each restricted school attendance driving permit shall be deposited in

 19    the state highway fund.

 20        (11) The  department  may issue seasonal class B or C driver's licenses to

 21    drivers who are employees of agri-chemical businesses, custom harvesters, farm

 22    retail outlets and suppliers, and livestock feeders that:

 23        (a)  Will only be valid for  driving  commercial  vehicles  that  normally

 24        require class B or C commercial driver's licenses;

 25        (b)  Will be valid for seasonal periods that begin on the date of issuance

 26        and  that are not to exceed one hundred eighty (180) days in a twelve (12)

 27        month period;

 28        (c)  May only be obtained twice in a driver's lifetime;

 29        (d)  Are valid only within a one hundred fifty (150) mile  radius  of  the

 30        place of business or farm being serviced; and

 31        (e)  Will  be  valid only in conjunction with valid Idaho class D driver's

 32        licenses.

 33        (12) The department may issue seasonal class B or C driver's  licenses  to

 34    drivers who:

 35        (a)  Have not violated the single license provisions of applicable federal

 36        regulations;

 37        (b)  Have not had any license suspensions, revocations or cancellations;

 38        (c)  Have not had any convictions in any vehicle for any offense listed in

 39        section  49-335(1)  or  (2),  Idaho  Code,  or any one (1) serious traffic

 40        offense;

 41        (d)  Have at least one (1) year of driving experience with a  class  D  or

 42        equivalent license in any type motor vehicle; and

 43        (e)  Are at least sixteen (16) years old.

                                                                        

 44        SECTION  3.  That  Section  49-328, Idaho Code, be, and the same is hereby

 45    amended to read as follows:

                                                                        

 46        49-328.  REINSTATEMENT OF  REVOKED,  DISQUALIFIED  OR  SUSPENDED  DRIVER'S

 47    LICENSE  -- FEE -- WHEN REINSTATEMENT PROHIBITED. (1) When the period of revo-

 48    cation, disqualification or suspension of a driver's license has  expired,  or

 49    the  reason  for  the  revocation,  disqualification  or  suspension no longer

 50    exists, the department shall reinstate the driver's license or driving  privi-

 51    leges on application of the driver.

 52        (2)  The application shall be in the form prescribed by the department and

 53    accompanied  by  a  reinstatement fee of fifteen twenty-five dollars ($125.00)

                                                                        

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  1    which shall be deposited in the state highway account.

  2        (3)  A driver's license which has been suspended  under  section  49-1505,

  3    Idaho  Code,  for failure to pay an infraction penalty shall not be reinstated

  4    until the licensee provides proof that the infraction penalty has been paid to

  5    the court.

  6        (4)  In addition to any other fees required in this  section  to  be  col-

  7    lected,  the  department  shall  collect  fifty  seventy dollars ($570.00) for

  8    reinstating a driver's license after conviction for driving under  the  influ-

  9    ence, without privileges, and after conviction or other violation of any other

 10    traffic  related  misdemeanor  or  infraction,  of  which  fees  forty dollars

 11    ($40.00) shall be paid over to the 


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 12    conviction occurred for support of that county's justice fund, or the  current

 13    expense fund if no 


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 14    dollars ($130.00) shall be deposited in the state highway account.

 15        (5)  In  addition  to  any  other fees required in this section to be col-

 16    lected, the department shall collect one hundred fifteen two  hundred  dollars

 17    ($115200)  for reinstating a driver's license after a suspension imposed under

 18    the  provisions of section 18-8002 or section 18-8002A, Idaho Code, or after a

 19    suspension arising out of any alcohol or drug related offense,  other  than  a

 20    suspension  imposed upon a person under eighteen (18) years of age pursuant to

 21    section 18-1502(d), Idaho Code. Funds collected pursuant  to  this  subsection

 22    shall  be  deposited  in  the  state  highway  account.  The  department shall

 23    reevaluate the amount of the reinstatement fee herein imposed not  later  than

 24    February,  2000,  to  determine  the  sufficiency of the fee to meet the costs

 25    associated with the implementation of section 18-8002A, Idaho Code.

 26        (6)  When there is more than one (1) reason why  a  driver's  license  was

 27    revoked  or  suspended  or why a driver was disqualified, the department shall

 28    not collect multiple fees for reinstatement, but shall only  collect  one  (1)

 29    reinstatement fee, which shall be the greater reinstatement fee, provided how-

 30    ever,  the  department  shall  collect a reinstatement fee for each suspension

 31    under chapter 80, title 18, Idaho Code.

                                                                        

 32        SECTION 4.  That Section 49-523, Idaho Code, be, and the  same  is  hereby

 33    amended to read as follows:

                                                                        

 34        49-523.  PROCEDURE WHEN DEPARTMENT UNSATISFIED AS TO OWNERSHIP OR SECURITY

 35    INTERESTS  --  TEMPORARY  REGISTRATION PROCEDURE. (1) If the department is not

 36    satisfied as to the ownership of the vehicle or that there are no  undisclosed

 37    security  interests  in it, the department may register the vehicle, but shall

 38    either:

 39        (a)  Withhold issuance of a certificate of ownership until  the  applicant

 40        presents  documents  reasonably sufficient to satisfy the department as to

 41        the applicant's ownership of the vehicle and that there are no undisclosed

 42        security interests in it; or

 43        (b)  As a condition of issuing a certificate  of  ownership,  require  the

 44        applicant  to  file  with  the  department  all  documents  held as to the

 45        applicant's ownership of the vehicle, together with a  bond  in  the  form

 46        prescribed  by  the department and executed by the applicant, or a deposit

 47        of cash in a like amount. The bond shall be in an amount equal to one  and

 48        one-half  (1 1/2)  times  the  value  of the vehicle, as determined by the

 49        department, and conditioned to indemnify any prior owner and secured party

 50        and any subsequent purchaser of the vehicle or person acquiring any  secu-

 51        rity  interest in it, and their respective successors in interest, against

 52        any expense, loss or damage, including reasonable    attorney's  fees,  by

 53        reason  of the issuance of the certificate of ownership of the vehicle, or

                                                                        

                                       11

                                                                        

  1        on account of any defect in or disclosed security interest upon the right,

  2        title and interest of the applicant in and to the vehicle. Any such inter-

  3        ested person has a right of action to recover on the bond for  any  breach

  4        of  its  conditions, but the aggregate liability of the surety to all per-

  5        sons shall not exceed the amount of  the  bond.  The  bond,  or  any  cash

  6        deposit, shall be returned at the end of three (3) years, or prior to that

  7        time  if the vehicle is no longer registered in this state and the current

  8        valid certificate of ownership is surrendered to  the  department,  unless

  9        the  department  has been notified of the pendency of an action to recover

 10        on the bond.

 11        (c)  As to a vehicle ten (10) years old  or  more  since  manufacture,  an

 12        applicant  who  is  a  resident  of  the  state of Idaho may file with the

 13        department, before its authorized representative, a verified statement  of

 14        facts  setting  out  in detail the manner in which the applicant came into

 15        possession of the vehicle, the establishment of ownership, and  a  summary

 16        of  the  applicant's  attempts to contact any prior owners of the vehicle.

 17        Upon receipt by the department of the verified statement and all  documen-

 18        tation  relating to the applicant's possession of the vehicle, and comple-

 19        tion of an inspection of the vehicle identification number  by  an  autho-

 20        rized representative of the department, the applicant shall execute a doc-

 21        ument  in  the form provided by the department releasing it of any and all

 22        damages that may be suffered by the applicant, along with warranties  that

 23        the  applicant  will  pay  any  and  all damages suffered by any person or

 24        entity as to the issuance of a title for that vehicle by  the  department.

 25        The department shall then issue a certificate of title to the applicant in

 26        form  set  out by this section. The certificate of title shall include the

 27        statement, "ISSUED ON STATEMENT OF APPLICANT,", in permanent letters  upon

 28        its  face.  The title issued pursuant to this subsection shall be presumed

 29        to indicate legal ownership of the vehicle at the end  of  the  three  (3)

 30        year  period from the date of issue of that title, provided the vehicle is

 31        still registered in the state of Idaho, and there are no actions or claims

 32        pending against the applicant which places legal  ownership  in  question.

 33        The  department  and  the state of Idaho shall be immune as to any damages

 34        suffered by any person or entity as a result of the issuance of a certifi-

 35        cate of title as provided by this subsection.

 36        (2)  Every dealer desiring the privilege of issuing temporary registration

 37    permits for the operation of vehicles shall make application  to  the  depart-

 38    ment.  If  the  privilege is granted, the dealer will receive a series of per-

 39    mits, consecutively numbered by the department, secured by the dealer at a fee

 40    of five nine dollars ($59.00) for each permit. A permit subsequently issued by

 41    a dealer to a purchaser shall be valid for a period not to exceed thirty  (30)

 42    days.

 43        The  dealer  shall  issue  temporary  registration  permits  in  numerical

 44    sequence,  one  (1)  only for each vehicle sold to a bona fide purchaser. Each

 45    permit, and the attached stub, shall be completed in duplicate, in ink  or  by

 46    typewriter at the time of issuance. The expiration date on the original permit

 47    shall  be filled in by rubber stamp or broad-tipped marking pen, and the print

 48    shall be at least three-fourths (3/4) inch  high  and  one-eighth  (1/8)  inch

 49    wide. The original permit shall be displayed in the rear window of the vehicle

 50    for  which  it is issued, except when issued for a convertible, station wagon,

 51    motorcycle, or other vehicle for which this would not be practical.  In  these

 52    exceptional  cases,  the  permit  should be conspicuously displayed in a place

 53    where the number of the permit and the expiration date may be easily read  and

 54    where  protected  from  exposure  to  weather conditions which would render it

 55    illegible.

                                                                        

                                       12

                                                                        

  1        (3)  The dealer shall keep a written record of every  temporary  registra-

  2    tion permit issued. This record shall include the name and address of the per-

  3    son  or  firm  to  whom the permit is issued, a description of the vehicle for

  4    which it is issued, including year, make, model,  identification  number,  and

  5    the  date  of  issue. This record shall list all permits in numerical sequence

  6    and shall be open to inspection by any peace officer or designated employee of

  7    the department.

  8        (4)  The fees collected from dealers by the department  under  the  provi-

  9    sions  of  this  section  shall  be transmitted by the department to the state

 10    treasurer for deposit in the highway distribution account.

 11        (5)  Upon application for title and for  registration  of  a  vehicle  for

 12    which  temporary  registration  has been issued under this section, the 


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 13    assessor shall collect and fees shall be deemed due from the date of  issuance

 14    of  the temporary registration permit rather than from date of application for

 15    title or registration.

 16        (6)  The department or a 


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 17    istration permits in an emergency situation. The fee for a temporary registra-

 18    tion  shall be five  nine dollars ($59.00), and shall be valid for a period of

 19    thirty (30) days. The temporary fees collected  by  the  department  shall  be

 20    transmitted  to  the  state  treasurer for deposit in the highway distribution

 21    account. Temporary fees collected by an assessor shall be distributed as  fol-

 22    lows:  three  dollars ($3.00) shall be deposited in the 


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 23    fund and two six dollars ($26.00) shall be transmitted to the  department  for

 24    deposit through the state treasurer in the highway distribution account.

                                                                        

 25        SECTION  5.  That  Section  49-525, Idaho Code, be, and the same is hereby

 26    amended to read as follows:

                                                                        

 27        49-525.  SALVAGE-CERTIFIED VEHICLE -- INSPECTIONS -- BRANDING  --  BRANDED

 28    CERTIFICATE  OF TITLE. (1) The department shall issue a branded certificate of

 29    title on any motor vehicle for which a salvage certificate,  salvage  bill  of

 30    sale  or  other  documentation  showing  evidence  that  the  vehicle has been

 31    declared salvage has been issued by this or any other state, provided, if doc-

 32    umentation of salvage certification has been received from another state,  the

 33    requirements specified in section 49-524, Idaho Code, shall be applied to that

 34    vehicle.

 35        (2)  An  initial vehicle identification number inspection and major compo-

 36    nent parts inspection shall be conducted by an authorized department  employee

 37    and  shall  include examination of the vehicle and its parts to determine that

 38    the identification numbers of the vehicle or its parts have not been  removed,

 39    falsified,  altered,  defaced  or  destroyed and that there are no indications

 40    that the vehicle or any of its parts are stolen. Such certification shall  not

 41    attest  to  the roadworthiness or safety condition of the vehicle. The fee for

 42    initial inspection shall be  twenty-five  forty-four  dollars  ($2544.00)  and

 43    shall  be  deposited in the state highway account. The department may contract

 44    with private or public entities to conduct the inspections.

 45        (a)  If the inspector determines that one (1)  major  component  part  has

 46        damage  requiring  repair  or  replacement, the vehicle statement of facts

 47        shall indicate that the vehicle shall not be eligible for a certificate of

 48        title until it has been repaired and has been reinspected as  a  "repaired

 49        vehicle."  The  vehicle statement of facts shall indicate that the vehicle

 50        will require a "repaired vehicle" decal before issuance of a branded  cer-

 51        tificate  of  title.  The  owner  may  then submit an application with all

 52        required supporting documents  to the department for issuance of a certif-

 53        icate of title.

                                                                        

                                       13

                                                                        

  1        (b)  If the inspector determines that two  (2)  or  more  major  component

  2        parts have damage requiring repair or replacement, or that the vehicle has

  3        sustained  flood  damage, the vehicle shall not be eligible for a certifi-

  4        cate of title until it has been restored or  reconstructed  and  has  been

  5        reinspected  as  a  reconstructed  vehicle. The vehicle statement of facts

  6        shall indicate that the vehicle will  require  a  "reconstructed  vehicle"

  7        decal before issuance of a branded certificate of title.

  8    The  provisions  of  this subsection (2) shall not apply to a vehicle which is

  9    more than five (5) years old and which has a known market value of  six  thou-

 10    sand  dollars ($6,000) or less which has been determined to be a salvage vehi-

 11    cle.

 12        (3)  Every owner of a salvage vehicle which has been restored or  repaired

 13    in  this state to its operating condition, in compliance with chapter 9, title

 14    49, Idaho Code, shall, if the inspector issued a vehicle statement of facts as

 15    required in subsection (2) of this section, present the vehicle to the depart-

 16    ment for inspection as a reconstructed vehicle or as a repaired vehicle.

 17        (a)  If the inspector determines that the  receipts  for  major  component

 18        parts are valid, including the vehicle identification numbers of the vehi-

 19        cles  from  which the major component parts were removed, a "reconstructed

 20        vehicle" decal or a "repaired vehicle" decal shall be affixed to the vehi-

 21        cle and the statement of facts shall indicate that the  vehicle  has  been

 22        branded and that the certificate of title shall be branded accordingly.

 23        (b)  The  fee  for  issuance  of  a  "reconstructed  vehicle"  decal  or a

 24        "repaired vehicle" decal shall be ten eighteen dollars ($108.00) and shall

 25        be deposited in the state highway account.

 26        (c)  The owner may then submit an application for branded  certificate  of

 27        title to the department which application shall be accompanied by the sal-

 28        vage bill of sale, salvage certificate or other documentation showing evi-

 29        dence  that  the  vehicle  has been declared salvage, vehicle statement of

 30        facts, indemnifying affidavit, bills of sale or invoices for major  compo-

 31        nent parts and written affirmation which states:

 32             1.  That the owner personally rebuilt or repaired the vehicle or per-

 33             sonally  supervised  its  rebuilding  or  repairing  and  includes  a

 34             description of work done to restore the vehicle to the operating con-

 35             dition  that existed prior to the event which caused the salvage cer-

 36             tificate to be issued;

 37             2.  That the identification numbers of the restored vehicle  and  its

 38             parts  have  not,  to  the  knowledge  of  the  owner,  been removed,

 39             destroyed, falsified, altered or defaced;

 40             3.  That the salvage certificate document or out-of-state title  cer-

 41             tificate  attached to the application has not to the knowledge of the

 42             owner been forged, falsified or altered; and

 43             4.  That all information contained on the application and its attach-

 44             ments is true and correct.

 45        (4)  Upon presentation of the documents required by  the  department,  the

 46    department  shall issue a branded certificate of title which shall contain the

 47    word "reconstructed vehicle" or "repaired vehicle."

 48        (5)  If an otherwise correct application is  made  for  a  certificate  of

 49    title  on any salvage-certified vehicle which was not inspected as required by

 50    the provisions of subsection (2) of this section, the department  shall  brand

 51    the  vehicle  with  a  "reconstructed vehicle" decal and shall issue a branded

 52    certificate of title.

 53        (6)  If an otherwise correct application is  made  for  a  certificate  of

 54    title   on any salvage-certified vehicle which is not required to be inspected

 55    pursuant to the provisions of subsection (2) of this section,  the  department

                                                                        

                                       14

                                                                        

  1    shall issue a branded certificate of title as a "reconstructed vehicle" if the

  2    application  for  a certificate of title is supported by a written affirmation

  3    of the owner which states:

  4        (a)  That the owner personally rebuilt or repaired the vehicle or  person-

  5        ally  supervised its rebuilding or repairing and includes a description of

  6        work done to restore the vehicle to the operating condition  that  existed

  7        prior to the event which caused the salvage certificate to be issued;

  8        (b)  That the identification numbers of the restored vehicle and its parts

  9        have  not,  to the knowledge of the owner, been removed, destroyed, falsi-

 10        fied, altered or defaced;

 11        (c)  That the salvage certificate document or out-of-state title  certifi-

 12        cate  attached  to  the  application has not to the knowledge of the owner

 13        been forged, falsified or altered; and

 14        (d)  That all information contained on the application and its attachments

 15        is true and correct.

 16        (7)  Each branded certificate of title received from another  jurisdiction

 17    shall  have  its brand carried forward to all subsequent certificates of title

 18    issued in this state.

 19        (8)  The department may promulgate rules as  necessary  to  implement  the

 20    provisions of sections 49-524 and 49-525, Idaho Code.

                                                                        

 21        SECTION  6.  That  Section 49-1224, Idaho Code, be, and the same is hereby

 22    amended to read as follows:

                                                                        

 23        49-1224.  SELF-INSURERS. (1) Any person in whose name  more  than  twenty-

 24    five (25) motor vehicles are registered and titled in Idaho, or engaged in the

 25    operation  of  a  railroad, street railway system or public utility subject to

 26    the regulation of the public utilities commission irrespective of  the  number

 27    of  vehicles registered, may qualify as a self-insurer by obtaining a certifi-

 28    cate of self-insurance issued by the department.

 29        (2)  The department may, in its discretion, issue a certificate  of  self-

 30    insurance  and  certificate of liability insurance in a form as the department

 31    prescribes when the department is satisfied that the person is  possessed  and

 32    will  continue  to  be  possessed of ability to pay judgments obtained against

 33    that person upon application, and providing a statement by a certified  public

 34    accountant  attesting  the applicant's net worth is five hundred thousand dol-

 35    lars ($500,000), a list of vehicles and an application fee  of  forty  seventy

 36    dollars ($470.00) which shall be deposited in the state highway account.

 37        (3)  The  self-insurer  will  be  required  to  submit an annual financial

 38    statement showing net worth of five hundred  thousand  dollars  ($500,000),  a

 39    list  of  vehicles and a forty seventy dollar ($470.00) issue fee to be depos-

 40    ited in the state highway account.

 41        (4)  Upon not less than five (5) days' notice and a  hearing  pursuant  to

 42    the notice, the department may upon reasonable grounds cancel a certificate of

 43    self-insurance.  Failure  to  pay any judgment within thirty (30) days after a

 44    judgment shall have become final shall constitute a reasonable ground for  the

 45    cancellation of a certificate of self-insurance.

                                                                        

 46        SECTION  7.  That  Section 49-1607, Idaho Code, be, and the same is hereby

 47    amended to read as follows:

                                                                        

 48        49-1607.  FEES -- FUNDS -- EXPENSES -- EXPIRATION  OF  LICENSES.  (1)  The

 49    department  shall  collect  with each application for licensure, the following

 50    fees:

 51        (a)  Dealer's, wholesale dealer's and vehicle manufacturer's license, ini-

                                                                        

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  1        tial application, one hundred twenty-five two hundred  dollars  ($125200),

  2        ten  dollars  ($10.00)  of  which shall be deposited in the 


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  3        expense  fund.  Renewal  application,  one  hundred  seventy-five  dollars

  4        ($10075).

  5        (b)  Vehicle   salesman's   license,   twenty-five   thirty-six    dollars

  6        ($2536.00), ten dollars ($10.00) of which shall be deposited in the 


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  7        current expense fund.

  8        (c)  Distributor-factory  branch-distributor  branch  license, one hundred

  9        seventy-five dollars ($10075).

 10        (d)  Representative's license, twenty-five forty-four dollars ($2544.00).

 11        (e)  To reissue a license, salesman and  dealer  identification  cards  or

 12        other  licensing  documents  at  a dealer's request, not resulting from an

 13        error by the department, a fee of ten eighteen dollars ($108.00) per docu-

 14        ment.

 15        (f)  Supplemental lot license or relocated principal  place  of  business,

 16        and  temporary supplemental lot, twenty-five forty-four dollars ($2544.00)

 17        for license issued to a single dealer. A fee of fifty eighty-eight dollars

 18        ($5088.00) for a license issued to a group of dealers for a temporary sup-

 19        plemental lot.

 20        (2)  All fees shall be paid over to the state treasurer for credit to  the

 21    state  highway  account out of which shall be paid the expenses of the depart-

 22    ment and the expenses incurred in enforcing the provisions of this chapter.

 23        (3)  Dealer licenses, if not suspended or revoked,  may  be  renewed  from

 24    year  to year upon the payment of the fees specified in this section to accom-

 25    pany applications, and renewals shall be made in accordance  with  the  provi-

 26    sions of section 49-1634, Idaho Code.

 27        (a)  There  shall  be twelve (12) licensing periods, starting with January

 28        and ending in December. A dealer's license shall be  in  effect  from  the

 29        month  of initial licensing through the last day of the next year's calen-

 30        dar month that precedes the month of the initial licensing.

 31        (b)  Any renewal license application received or postmarked  after  thirty

 32        (30)  days  from  the  end  of the previous year's license period shall be

 33        processed as an initial application and initial fees shall be paid.

 34        (4)  Salesman licenses, if not suspended or revoked, shall  be  valid  for

 35    three (3) years from the date of issue provided that:

 36        (a)  Employment remains with the sponsoring dealership; and

 37        (b)  The  sponsoring  dealership has a valid license issued by the depart-

 38        ment.

 39    Renewals shall be issued in accordance with the provisions of section 49-1635,

 40    Idaho Code.

                                                                        

 41        SECTION 8.  That Section 49-2444, Idaho Code, be, and the same  is  hereby

 42    amended to read as follows:

                                                                        

 43        49-2444.  IDENTIFICATION  CARD  ISSUED -- FOUR-YEAR OR EIGHT-YEAR. (1) The

 44    department shall issue a distinguishing identification card  which  shall  set

 45    forth the information contained in the application, in a form as prescribed by

 46    the  department.  All identification cards issued on or after January 1, 1993,

 47    shall not contain the  applicant's  social  security  number.  An  applicant's

 48    social  security  number  shall be exempt from disclosure except for inquiries

 49    from agencies  or institutions authorized to obtain such information  by  fed-

 50    eral  law  or regulation, from peace officers or from jury commissioners. Each

 51    card shall have printed on it the applicant's full name, date of birth,  Idaho

 52    residence  address,  sex,  weight, height, eye color, hair color, and shall be

 53    issued a distinguishing number assigned to the applicant. Each card shall also

                                                                        

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  1    have printed on it the name of this state, the date of issuance, and the  date

  2    of  expiration.  An  identification  card shall not be valid until it has been

  3    signed on the signature line by the applicant. Each card shall bear upon it  a

  4    color  photograph of the applicant which shall be taken by the examiner at the

  5    time of application. The photograph shall be taken without headgear  or  other

  6    clothing  or  device  that disguises or otherwise conceals the face or head of

  7    the applicant. A waiver may be granted by the department allowing  the  appli-

  8    cant  to wear headgear or other head covering for medical, religious or safety

  9    purposes so long as the face is not disguised or otherwise concealed.  At  the

 10    request  of  the  applicant, an identification card may contain a statement or

 11    indication of the medical condition of the applicant.

 12        No person shall receive an identification card unless and until he surren-

 13    ders to the department all identification cards in his  possession  issued  to

 14    him  by Idaho or any other jurisdiction, or any driver's license issued by any

 15    other jurisdiction within the United States, or until he executes an affidavit

 16    that he does not possess an identification card or any driver's license.

 17        Identification cards issued to persons under eighteen (18)  years  of  age

 18    shall  include a notation "under 18 until (month, day, year)," and identifica-

 19    tion cards issued to persons eighteen (18) years of  age  to  twenty-one  (21)

 20    years of age shall include a notation "under 21 until (month, day, year)." The

 21    nonrefundable  fee  for  a  four-year  identification  card  issued to persons

 22    twenty-one (21) years of age or older shall be seven ten dollars    and  fifty

 23    cents  ($7.5010.00)  of  which  five  dollars ($5.00) shall be retained by the

 24    


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 25    fifty  cents  ($2.505.00)    shall  be  deposited in the state treasury to the

 26    credit of the highway distribution account. The nonrefundable fee for  identi-

 27    fication  cards  issued to persons under twenty-one (21) years of age shall be

 28    six ten dollars and fifty cents ($6.5010.00), of which  five  dollars  ($5.00)

 29    shall  be retained by the 


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 30    one five dollars and fifty cents ($1.505.00) shall be deposited in  the  state

 31    treasury  to the credit of the highway distribution account. The nonrefundable

 32    fee for an eight-year identification card  shall  be  fifteen  twenty  dollars

 33    ($1520.00)  of  which ten dollars ($10.00) shall be retained by the 


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 34    credited to the current expense fund, and five ten dollars ($510.00) shall  be

 35    deposited  in  the  state  treasury  to the credit of the highway distribution

 36    account. At the option of the applicant, the identification card issued  to  a

 37    person  twenty-one  (21)  years  of  age  or  older shall expire either on the

 38    cardholder's birthday in the fourth year or the eighth year following issuance

 39    of the card. Every identification card issued to a person under eighteen  (18)

 40    years  of  age shall expire five (5) days after the person's eighteenth birth-

 41    day. Every identification card issued to a person eighteen (18) years  of  age

 42    but  under  twenty-one  (21) years of age shall expire five (5) days after the

 43    person's twenty-first birthday.

 44        Individuals required to register in compliance with section 3 of the  fed-

 45    eral  military  selective service act, 50 U.S.C. App. 451 et seq., as amended,

 46    shall be provided an opportunity to fulfill such registration requirements  in

 47    conjunction  with  an application for an identification card. Any registration

 48    information so supplied shall be transmitted by the department to  the  selec-

 49    tive service system.

 50        (2)  Every  identification  card,  except  those  issued  to persons under

 51    twenty-one  (21) years of age, shall be renewable on or before its expiration,

 52    but not more than twelve (12) months before, and upon application and  payment

 53    of the required fee.

 54        (3)  When  an  identification  card  has been expired for less than twelve

 55    (12) months, the renewal of the identification card shall start from the orig-

                                                                        

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  1    inal date of expiration regardless of the year in which  the  application  for

  2    renewal  is  made.  If the identification card is expired for more than twelve

  3    (12) months, the application shall expire, at the option of the applicant,  on

  4    the applicant's birthday in the fourth year or the eighth year following reis-

  5    suance of the identification card.

  6        (4)  A  person possessing an identification card who desires to donate any

  7    or all organs or tissue in the event of death, and who has completed  a  docu-

  8    ment  of  gift  pursuant to the provisions for donation of anatomical gifts as

  9    set forth in chapter 34, title 39, Idaho Code,  may,  at  the  option  of  the

 10    donor,  indicate  this  desire on the identification card by the imprinting of

 11    the word "donor" on the identification card. The provisions of this subsection

 12    shall apply to persons possessing an identification card who are sixteen  (16)

 13    years of age or older but less than eighteen (18) years of age if the require-

 14    ments provided in  chapter 34, title 39, Idaho Code, have been complied with.

 15        (5)  A  person  possessing  an  identification card or an applicant for an

 16    identification card who is a person with a permanent  disability  may  request

 17    that  the  notation  "permanently disabled" be imprinted on the identification

 18    card, provided the person presents written certification from a licensed  phy-

 19    sician  verifying that the person's stated impairment qualifies as a permanent

 20    disability according to the provisions of section 49-117, Idaho Code.

 21        (6)  In the case of a name change, the applicant shall provide legal docu-

 22    mentation to verify the change in accordance with department rules.

 23        (7)  Whenever any person, after applying for or receiving  an  identifica-

 24    tion  card,  shall  move  from  the address shown on the application or on the

 25    identification card issued, that person shall, within thirty (30) days, notify

 26    the transportation department in writing of the old and new addresses.

 27        (8)  The department shall cancel any identification card upon  determining

 28    that  the  person was not entitled to the issuance of the identification card,

 29    or that the person failed to give the required and correct information in  his

 30    application  or  committed fraud in making the application. Upon cancellation,

 31    the person shall surrender the canceled identification card to the department.

 32        (9)  If any person shall fail to return to the department the  identifica-

 33    tion  card  as required, the department may direct any peace officer to secure

 34    its possession and return the identification card to the department.

 35        (10) The department may issue a no-fee identification card to an  individ-

 36    ual  whose  driver's  license has been canceled and voluntarily surrendered as

 37    provided in section 49-322(4), Idaho Code.  The  identification  card  may  be

 38    renewed  at  no  cost to the applicant as long as the driver's license remains

 39    canceled.

 40        (11) It is an infraction for any person to fail to notify  the  department

 41    of a change of address as required by the provisions of subsection (7) of this

 42    section.

                                                                        

 43        SECTION  9.  This act shall be in full force and effect on and after Janu-

 44    ary 1, 2008.

Statement of Purpose / Fiscal Impact




                     STATEMENT OF PURPOSE



                            RS 16740



This bill would raise the fees for Division of Motor Vehicles 

services by seventy-five (75) percent. Fees for services 

include, but are not limited to, issuing driver's licenses; 

title transfers; furnishing copies of registration or ownership 

of motor vehicles or driver's license records; replacing 

registration stickers; and issuance on unassigned or replacement 

vehicle identification number.  Funds from these fees will be 

deposited into the State Highway Account and will be used by the 

Idaho Transportation Department of fund operations of the 

department and restore a state-funded construction program that 

has been depleted due to hyper-inflation and diminished buying 

power.  This bill allows for the continuation of exempting fees 

when the service is furnished to any federal, state, 


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city peace officer when such service is required in the 

performance of their duties as peace officers.





                          FISCAL NOTE



The Idaho Transportation Department estimates that this change will 

increase revenue from fee increases for vehicle titles, driver’s 

licenses and related DMV services by $13.1 million annually to the 

State Highway Account. 



The one-time costs associated with implementing this legislation is 

estimated to be $72,000 which includes 600 hours of system 

programming by contract programmers ($45,000) and forms 

development/printing ($27,000).



EFFECTIVE DATE

The effective date of the fee increases will be January 1, 2008. This 

date will allow the department to complete the necessary system 

programming to implement these fee increases.





CONTACT

Name:Julie Pipal, BPIRM

Agency:Idaho Transportation Department

Phone:334-8804



STATEMENT OF PURPOSE/FISCAL NOTE                       S 1113