IADA - The Idaho Automobile Dealers Association, Inc.

2010 Legislative Session - Bills

HB387 by REVENUE AND TAXATION COMMITTEE

SALES TAX - Amends existing law to delete language about taxes previously paid on amounts represented by accounts found to be worthless may be credited upon a subsequent payment of the sales and use tax; and to provide taxes previously paid on amounts represented by accounts found to be worthless may be credited upon a subsequent payment of the tax provided in this chapter or, if no such tax is due, refunded.

Bill tabled at request of sponsor

IADA met with the State Tax Commission, and advised them that IADA would OPPOSE this legislation due to the negative impact on dealers and financial agencies. STC will develop a working group to work on the issues involved in “bad debit sales tax credit” issues after the legislative session is over and IADA has offered to provide input on behalf of the independent auto dealers of Idaho.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

H0398 by TRANSPORTATION AND DEFENSE COMMITTEE

MOTOR VEHICLES - AIR CONDITIONING - Amends existing law relating to vehicle equipment to permit the use of certain refrigerants approved by the United States Environmental Protection Agency as an alternative motor vehicle air conditioning substitute for chlorofluorocarbon-12.
. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

H0445 by JUDICIARY, RULES, AND ADMINISTRATION COMMITTEE

VEHICLE TITLES - Amends existing law relating to vehicle titles to revise requirements for reporting stolen vehicles.

This proposal amends Idaho Code section 49 509, to bring the process required in Idaho Code for reporting and tracking stolen vehicles current to practices with today’s technology. Idaho Code section 49 509 currently prescribes a process for law enforcement officers to report stolen vehicle information to the Idaho State Police (ISP), and for the ISP to aggregate this information and report it back to all law enforcement agencies and the Idaho Transportation Department. The current process described is outdated, requiring publication of lists and reports. Current practice utilizes the technology of the ILETS/NCIC system available to and used by all law enforcement agencies for a number of purposes.

No ban on texting legislation was passed during the 2010 legislative session. Despite several atempts by both the House and Senate this issues will need to be brought up again during the 2011 legislative session.

H0397 by TRANSPORTATION AND DEFENSE COMMITTEE

DRIVER'S TRAINING INSTRUCTION PERMITS - Amends existing law relating to driver's training instruction permits to revise provisions relating to proof of identity; to revise provisions relating to expiration of certain training instruction permits; and to revise requirements relating to certain supervised instruction permits.

H0423 by JUDICIARY, RULES, AND ADMINISTRATION COMMITTEE

MOTOR VEHICLES - Amends existing law relating to motor vehicles to revise provisions relating to the suspension of a driver's license upon failure of evidentiary testing in the state of Idaho.

H0486 by TRANSPORTATION AND DEFENSE COMMITTEE

MOTOR VEHICLES - LICENSE PLATES - Amends and adds to existing law relating to special motor vehicle license plates to establish an Idaho mountain biking special license plate program.

Passed

H0533 by RESOURCES AND CONSERVATION COMMITTEE

INVASIVE SPECIES - Amends existing law relating to invasive species to provide for the assessment of fees on sailboats, to revise fee provisions, to provide for replacement stickers, and to provide for stickers for those engaged in the manufacture and sale of vessels.

H0540 by TRANSPORTATION AND DEFENSE COMMITTEE

MOTOR VEHICLES - LICENSE PLATES - Amends and adds to existing law relating to special motor vehicle license plates to establish the Selway-Bitterroot Wilderness Special License Plate Program.

H0541 by TRANSPORTATION AND DEFENSE COMMITTEE

MOTOR VEHICLES - DRIVER'S LICENSES - Amends existing law to provide that the state of Idaho shall not extend full faith and credit to certain out-of-state driver's licenses; to provide that a driver's license photograph shall be limited to a two-dimensional photograph, to provide restrictions on certain machine-readable codes, to prohibit the use of certain devices or techniques that can transmit certain information and to provide for consent or voluntary participation.

H0542 by TRANSPORTATION AND DEFENSE COMMITTEE

MOTOR VEHICLE REGISTRATION AND CERTIFICATION - Amends existing law relating to motor vehicle registration and certification to provide that certain businesses, trusts or other statutorily created entities shall provide a written statement.

H0574 by TRANSPORTATION AND DEFENSE COMMITTEE

VEHICLE RENTALS - Adds to existing law relating to vehicle rentals to provide for the inclusion of certain fees and charges in vehicle rental agreements and to provide for vehicle license cost recovery fees.

H0586 by BUSINESS COMMITTEE

MOTOR VEHICLES - Amends and adds to existing law relating to the towing and storing of motor vehicles.

This legislation has passed and signed by the Governor. IADA supports HB 586 but will revisit several provisions regarding 1st notice being sent to owners rather than leinholders when the vehicle is towed.

H0591 by STATE AFFAIRS COMMITTEE

VEHICLE EMISSIONS - Amends existing law relating to vehicle emissions to revise conditions under which rulemaking for motor vehicle inspections and maintenance programs shall be initiated, to delete reference to equivalent vehicle emission inspection programs and Department of Environmental Quality motor vehicle inspection and maintenance programs, and to provide an exception for vehicles that are driven less than one thousand miles annually.

The IADA actively opposed HB 591 because of its direct impact to air quality in the Treasure Valley air shed. IADA worked hard on 2008 to ensure that passage of the original legislation and HB 591 would have gutted our efforts to secure the high quality of life enjoyed here in Idaho. We are continuing to work on emissions testing in Canyon County to ensure that testing facilities include our dealership members.

S1259 by BILYEU

MOTOR VEHICLES - RULES OF THE ROAD - Adds to and amends existing law relating to motor vehicle rules of the road to define a term; and to provide an infraction for use of a wireless communication device in a school zone.

The purpose of this proposal is to amend Idaho Code §49 124 to add a definition for "wireless communication device" and add a new section to the Idaho Code to be identified as §49 658A. This new section would prohibit the use of a wireless communication device while operating a motor vehicle within a posted school zone while children are present in Idaho. Exemptions include emergencies, those carrying out their official duties as law enforcement officers and emergency responders, stopped motor vehicles and when reporting a safety hazard or criminal activity. The fine for violation of this section would be a minimum of $75.00 for the first offense and a minimum of $150.00 for each succeeding offense.

S1264 by BOCK

MOTOR VEHICLES - CELL PHONE USE - Amends and adds to existing law relating to motor vehicles and cellular telephones to prohibit the use of cellular telephones while operating a motor vehicle, to provide exceptions and to provide a penalty.

The purpose of this legislation is to amend Idaho Code 49104 to add a definition for "cellular telephone" and add a new section to the Idaho Code to be identified as 491431. Subject to exemptions for emergencies and for those carrying out their official duties as law enforcement officers and emergency responders, this new section would prohibit the use of a cellular telephone while operating a motor vehicle in Idaho. This section does not apply to someone using a "hands free" device. The fine for violation of this section would be $75.00.

S1271 by MCGEE

EMPLOYMENT - Adds to existing law relating to employment to provide provisions prohibiting the use of certain false documentation to gain employment, to provide penalties, to prohibit the destruction, alteration, falsification or theft of certain public documents to assist a person to become an employee and to prohibit the manufacture of false identification to assist a person to become an employee.

S1276 by WERK AND KELLY

HIGHWAY DISTRICTS - Repeals and amends existing law to require that there be one highway district per county.

S1289 by JUDICIARY AND RULES COMMITTEE

ALCOHOL AND MOTOR VEHICLES - Amends existing law relating to alcohol and motor vehicles to revise provisions relating to excessive alcohol concentration.

S1296 by TRANSPORTATION COMMITTEE

COMMERCIAL MOTOR VEHICLES - Amends existing law relating to commercial motor vehicles to revise provisions relating to certain circumstances for forfeiture of bond; and to revise provisions relating to certain disqualifications and penalties.

S1297 by TRANSPORTATION COMMITTEE

TRANSPORTATION - VEHICLE TITLES - Amends existing law relating to vehicle and vessel titles to revise provisions relating to the delivery of certificate of title upon sale or disposition and to revise provisions relating to certain dealer's reassignment of existing certificate of title.

Passed Transportation Committee , sent to floor for full Senate vote with do pass recommendation.
This proposal will modify Idaho Code, to accommodate both an application for duplicate title and transfer to a new owner in a single transaction, for vehicles that either are at least 10 years old, are over 16,000 pounds GVW, or have no odometer device, and for all vessels. This proposal improves customer convenience by eliminating a delay for buyers in obtaining title, regular registration, and plates, and also facilitates private party sales for these vehicles and vessels in situations where the seller has lost the title.

Currently, an owner who has lost his title and is selling a vehicle or vessel is required to obtain a duplicate (replacement) title, and then wait for issuance and delivery by mail before assigning it to the buyer, The proposal modifies Idaho Code to allow an owner to apply for a duplicate title and transfer ownership to the buyer in one transaction for any vehicle or vessel exempt from the federal odometer disclosure requirements. Dealers will also be able to assign this duplicate transfer application to a Idaho consumer or dealer without applying for a title from the person who was registered as the owner and lost the original title.

The duplicate/transfer title transaction would eliminate a one to two week delay and reduce customer trips to county offices resulting in reduced wait times. The fees for this transaction would be as provided ($28.00)currently resulting in no lost revenue to ITD.

This proposal was reviewed to have little if any effect on dealers. IADA reminds dealers to always verify all information on the duplicate title application with ITD prior to accepting from a consumer or another dealer. It is anticipated that Idaho wholesale auctions and wholesale dealers will insist on actual titles so that they can be transferred out of Idaho to other states DMV’s when necessary. More information will be forthcoming, if and when this proposal becomes law.

S1303 by STATE AFFAIRS COMMITTEE

EMPLOYMENT - UNAUTHORIZED ALIENS - Adds to existing law relating to employment and the prohibition of employing unauthorized aliens.

S1318 by LOCAL GOVERNMENT AND TAXATION COMMITTEE

MOTOR VEHICLES - REGISTRATION FEES - Amends existing law relating to single countywide highway districts to provide additional requirements for a vehicle registration fee resolution and to provide for review of a vehicle registration fee resolution.

S1352 by TRANSPORTATION COMMITTEE

MOTOR VEHICLES - TEXTING - Amends existing law to provide that texting while driving a motor vehicle shall constitute inattentive driving.

S1358 by TRANSPORTATION COMMITTEE

RECREATIONAL ACTIVITIES - FEES - Amends existing law relating to recreational activities and registration fees to revise a registration fee; and to provide that three dollars from a registration fee shall be deposited into the Off-Highway Vehicle Law Enforcement Fund.

S1359 by TRANSPORTATION COMMITTEE

DEALER ADVISORY BOARD - Amends existing law relating to dealers and salesmen licensing to increase the number of voting members on the Dealer Advisory Board and to provide for one nonvoting member on the Dealer Advisory Board.

Passed - IADA supports this legislation to have better statewide representation from Idaho independent vehicle dealers. There will now be 4 independent vehicle dealers present on the DAB.

S1361 by TRANSPORTATION COMMITTEE

DEALERS AND SALESMEN LICENSING - Amends existing law relating to dealers and salesmen licensing to remove reference to a comprehensive open book examination and to provide education requirements relating to an approved prelicensing class or program.

Passed - SB 1361 creates a new requirement that used auto dealers complete an eight hour CE course of instruction. IADA supports S1361 and hopes that this will lead to a better understanding of our industry by dealers looking to get in.

S1381 by JUDICIARY AND RULES COMMITTEE

REVENUE AND TAXATION - Adds to existing law relating to revenue and taxation to provide for annual review of certain exemptions and for the expiration of certain exemptions.

IADA members enjoy two exemptions that this legislation seeks to review. Exemptions on manufacturer rebates and the used car trade in sales tax exemption. This is an issue that has been studied time and time again with little benefit found for the state general fund. The IADA will monitor this legislation very carefully.