HOUSE BILL NO. 440

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Bill Status



H0440aaS......................................by TRANSPORTATION AND DEFENSE
TRUCK CAMPERS - Amends existing law relating to truck campers to revise the
definition of "dealer"; to revise the definition of "truck camper"; to
require certain truck campers to be titled; to provide for optional titling
of truck campers acquired before January 1, 2009; to provide for liens and
encumbrances filed prior to January 1, 2009; to revise dealer licensing
provisions; and to revise dealer license bond provisions.

01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Transp
02/05    Rpt out - rec d/p - to 2nd rdg
02/06    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Snodgrass, Stevenson,
      Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- None
      Absent and excused -- Jaquet, Smith(24)
    Floor Sponsor - Hagedorn
    Title apvd - to Senate
02/14    Senate intro - 1st rdg - to Transp
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/25    3rd rdg
02/27    To 14th Ord
02/28    Rpt out amen - to 1st rdg as amen
02/29    1st rdg - to 2nd rdg as amen
03/03    2nd rdg - to 3rd rdg as amen
03/04    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Hammond
    Title apvd - to House
03/05    House concurred in Senate amens - to engros
03/06    Rpt engros - 1st rdg - to 2nd rdg as amen
03/07    2nd rdg - to 3rd rdg as amen
03/10    3rd rdg as amen - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, McGeachin
    Floor Sponsor - Hagedorn
    Title apvd - to enrol
03/11    Rpt enrol - Sp signed
03/12    Pres signed - To Governor
03/14    Governor signed
         Session Law Chapter 106
         Effective: 01/01/09

Bill Text




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

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 440

                          BY TRANSPORTATION AND DEFENSE COMMITTEE

  1                                        AN ACT
  2    RELATING TO TRUCK CAMPERS; AMENDING SECTION 49-105, IDAHO CODE, TO REVISE  THE
  3        DEFINITION OF "DEALER"; AMENDING SECTION 49-121, IDAHO CODE, TO REVISE THE
  4        DEFINITION  OF  "TRUCK  CAMPER";  AMENDING  SECTION 49-501, IDAHO CODE, TO
  5        REQUIRE CERTAIN TRUCK CAMPERS TO BE TITLED  AND TO  PROVIDE  FOR  OPTIONAL
  6        TITLING OF TRUCK CAMPERS ACQUIRED BEFORE JANUARY 1, 2009; AMENDING SECTION
  7        49-1606,  IDAHO CODE, TO REVISE DEALER LICENSING PROVISIONS; AMENDING SEC-
  8        TION 49-1608, IDAHO CODE, TO REVISE DEALER LICENSE BOND PROVISIONS; AMEND-
  9        ING SECTION 63-3622HH, IDAHO CODE, TO REVISE THE DEFINITION OF "TRUCK CAM-
 10        PER" AND TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.

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

 12        SECTION 1.  That Section 49-105, Idaho Code, be, and the  same  is  hereby
 13    amended to read as follows:

 14        49-105.  DEFINITIONS -- D. (1) "Dealer" means every person in the business
 15    of buying, selling or exchanging five (5) or more new or used vehicles, new or
 16    used neighborhood electric vehicles, new or used motorcycles, snow machines or
 17    motor  scooters, travel trailers, truck campers, all-terrain vehicles, utility
 18    type vehicles or motor homes in any calendar year, either outright or on  con-
 19    ditional  sale, bailment, lease, chattel mortgage, or otherwise, or who has an
 20    established place of business for the sale, lease, trade, or display of  these
 21    vehicles.  No  insurance company, bank, finance company, public utilities com-
 22    pany, or other person coming into possession of any vehicle, as an incident to
 23    its regular business, who shall sell that vehicle under any contractual rights
 24    it may have, shall be considered a dealer. See also  "salvage  pool,"  section
 25    49-120, Idaho Code.
 26        (2)  "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho
 27    Code)
 28        (3)  "Department"   means   the  Idaho  transportation  department  acting
 29    directly or through its duly authorized officers and agents, except  in  chap-
 30    ters  6  and  9,  title  49,  Idaho Code, where the term means the Idaho state
 31    police, except as otherwise specifically provided.
 32        (4)  "Designated family member" means the spouse, child, grandchild,  par-
 33    ent,  brother or sister of the owner of a vehicle dealership who, in the event
 34    of the owner's death, is entitled to inherit the  ownership  interest  in  the
 35    dealership under the same terms of the owner's will, or who has been nominated
 36    in any other written instrument, or who, in the case of an incapacitated owner
 37    of  a dealership, has been appointed by a court as the legal representative of
 38    the dealer's property.
 39        (5)  "Director" means the director of the Idaho transportation department,
 40    except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
 41    director of the Idaho state police.
 42        (6)  "Disclose" means to engage in any practice or conduct to make  avail-
 43    able  and  make known personal information contained in records of the depart-

                                       2

  1    ment about a person to any other person, organization or entity, by any  means
  2    of communication.
  3        (7)  "Disqualification" as defined in 49 CFR part 383, means withdrawal by
  4    the department of commercial vehicle driving privileges.
  5        (8)  "Distributor"  means  any  person,  firm, association, corporation or
  6    trust, resident or nonresident, who has a franchise  from  a  manufacturer  of
  7    vehicles  to  distribute  vehicles  in this state, and who in whole or in part
  8    sells or distributes new vehicles to dealers   or  who  maintains  distributor
  9    representatives.
 10        (9)  "Distributor  branch" means a branch office similarly maintained by a
 11    distributor for the same purposes a factory branch is maintained.
 12        (10) "Distributor representative" means  any  person,  firm,  association,
 13    corporation  or trust, and each officer and employee thereof engaged as a rep-
 14    resentative of a distributor or distributor branch of vehicles for the purpose
 15    of making or promoting the sale of vehicles, or for supervising or  contacting
 16    dealers or prospective dealers.
 17        (11) "District" means:
 18        (a)  Business  district. The territory contiguous to and including a high-
 19        way when within any six hundred (600) feet along  the  highway  there  are
 20        buildings  in  use  for business or industrial purposes, including hotels,
 21        banks or office buildings, railroad stations and  public  buildings  which
 22        occupy  at least three hundred (300) feet of frontage on one side or three
 23        hundred (300) feet collectively on both sides of the highway.
 24        (b)  Residential district. The territory contiguous  to  and  including  a
 25        highway  not comprising a business district when the property on the high-
 26        way for a distance of three hundred (300) feet or  more  is  in  the  main
 27        improved with residences, or residences and buildings in use for business.
 28        (c)  Urban district. The territory contiguous to and including any highway
 29        which  is built up with structures devoted to business, industry or dwell-
 30        ing houses. For purposes of establishing speed limits in  accordance  with
 31        the provisions of section 49-654, Idaho Code, no state highway or any por-
 32        tion  thereof  lying within the boundaries of an urban district is subject
 33        to the limitations which otherwise apply to nonstate  highways  within  an
 34        urban district. Provided, this subsection shall not limit the authority of
 35        the  duly  elected  officials  of  an  incorporated city acting as a local
 36        authority to decrease speed limits on state highways passing  through  any
 37        district within the incorporated city.
 38        (12) "Documented  vessel" means a vessel having a valid marine document as
 39    a vessel of the United States.
 40        (13) "Drag race" means the operation of two (2) or more  vehicles  from  a
 41    point  side by side at accelerating speeds in a competitive attempt to outdis-
 42    tance each other, or the operation of one (1) or more vehicles over  a  common
 43    selected  course,  from  the  same point to the same point, for the purpose of
 44    comparing the relative speeds or power of acceleration of the vehicles  within
 45    a certain distance or time limit.
 46        (14) "Driver"  means every person who drives or is in actual physical con-
 47    trol of a vehicle.
 48        (15) "Driver's license" means a license or permit issued by the department
 49    or by any other jurisdiction to an individual which authorizes the  individual
 50    to  operate  a  motor  vehicle  or commercial motor vehicle on the highways in
 51    accordance with the requirements of title 49, Idaho Code.
 52        (16) "Driver's license -- Classes of" are issued for the  operation  of  a
 53    vehicle based on the size of the vehicle or the type of load and mean:
 54        (a)  Class  A. This license shall be issued and valid for the operation of
 55        any combination of motor vehicles with a manufacturer's gross  combination

                                       3

  1        weight  rating  (GCWR)  in  excess of twenty-six thousand (26,000) pounds,
  2        provided the manufacturer's gross vehicle  weight  rating  (GVWR)  of  the
  3        vehicle(s)  being towed is in excess of ten thousand (10,000) pounds. Per-
  4        sons holding a valid class A license may also operate vehicles requiring a
  5        class B, C or D license.
  6        (b)  Class B. This license shall be issued and valid for the operation  of
  7        any  single  vehicle  with  a  manufacturer's  gross vehicle weight rating
  8        (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
  9        cle towing a vehicle  not  in  excess  of  ten  thousand  (10,000)  pounds
 10        manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
 11        class B license may also operate vehicles requiring a class C license or a
 12        class D license.
 13        (c)  Class  C. This license shall be issued and valid for the operation of
 14        any single vehicle or combination of vehicles that does not meet the defi-
 15        nition of class A or class B, as defined in this section, but that  either
 16        is designed to transport sixteen (16) or more people including the driver,
 17        or is of any size which does not meet the definition of class A or class B
 18        and  is  used  in  the  transportation  of materials found to be hazardous
 19        according to the hazardous material transportation act and which  requires
 20        the  motor  vehicle  to be placarded under the federal hazardous materials
 21        regulations 49 CFR part 172, subpart F. Persons holding a  valid  class  C
 22        license may also operate vehicles requiring a class D license.
 23        (d)  Class  D. This license shall be issued and valid for the operation of
 24        a motor vehicle that is not a commercial vehicle  as  defined  in  section
 25        49-123, Idaho Code.
 26        (e)  "Seasonal  driver's  license" means a special restricted class B or C
 27        driver's license to operate certain commercial  vehicles  in  farm-related
 28        industries  under  restrictions imposed by the department. As used in this
 29        definition, "farm-related industry" shall  mean  custom  harvesters,  farm
 30        retail  outlets  and  suppliers,  agri-chemical  businesses  and livestock
 31        feeders. Seasonal driver's licenses are not  valid  for  driving  vehicles
 32        carrying any quantities of hazardous material requiring placarding, except
 33        for  diesel  fuel  in  quantities of one thousand (1,000) gallons or less,
 34        liquid fertilizers, i.e., plant nutrients, in vehicles  or  implements  of
 35        husbandry with total capacities of three thousand (3,000) gallons or less,
 36        and  solid  fertilizers,  i.e.,  solid plant nutrients, that are not mixed
 37        with any organic substance.
 38        (17) "Driver record" means any record that  pertains  to  an  individual's
 39    driver's license, driving permit, driving privileges, driving history, identi-
 40    fication documents or other similar credentials issued by the department.
 41        (18) "Driver's license endorsements" means special authorizations that are
 42    required  to  be  displayed  on  a driver's license which permit the driver to
 43    operate certain types of commercial vehicles or  commercial  vehicles  hauling
 44    certain types of cargo, or to operate a motorcycle or a school bus.
 45        (a)  "Endorsement  T  --  Double/Triple trailer" means this endorsement is
 46        required on a class A, B or C license to permit the licensee to operate  a
 47        vehicle authorized to tow more than one (1) trailer.
 48        (b)  "Endorsement  H  --  Hazardous  material"  means  this endorsement is
 49        required on a class A, B or C license if the driver is operating a vehicle
 50        used in the transportation of materials found to be hazardous according to
 51        the hazardous material transportation act and  which  requires  the  motor
 52        vehicle  to be placarded under the federal hazardous materials regulations
 53        49 CFR part 172, subpart F.
 54        (c)  "Endorsement P -- Passenger" means this endorsement is required on  a
 55        class  A,  B  or  C  license  to  permit the licensee to operate a vehicle

                                       4

  1        designed to transport sixteen (16) or more people including the driver.
  2        (d)  "Endorsement N -- Tank vehicle" means this endorsement is required on
  3        a class A, B or C license to permit the  licensee  to  operate  a  vehicle
  4        which  is  designed  to transport any liquid or gaseous materials within a
  5        tank that is either permanently or temporarily attached  to  the  vehicle.
  6        Such  vehicles  include,  but are not limited to, cargo tanks and portable
  7        tanks, as defined in federal regulations 49 CFR part 171. This  definition
  8        does not include portable tanks having a rated capacity under one thousand
  9        (1,000) gallons.
 10        (e)  "Endorsement M -- Motorcycle" means this endorsement is required on a
 11        driver's license to permit the driver to operate a motorcycle.
 12        (f)  "Endorsement S -- School bus" means this endorsement is required on a
 13        class  A, B or C license to permit the licensee to operate a school bus in
 14        accordance with 49 CFR part 383, to transport preprimary, primary or  sec-
 15        ondary school students from home to school, from school to home, or to and
 16        from  school-sponsored events. School bus does not include a bus used as a
 17        common carrier.
 18        (19) "Driveway" means a private road giving access from a public way to  a
 19    building on abutting grounds.
 20        (20) "Dromedary  tractor" means every motor vehicle designed and used pri-
 21    marily for drawing a semitrailer and so constructed  as  to  carry  manifested
 22    cargo in addition to a part of the weight of the semitrailer.

 23        SECTION  2.  That  Section  49-121, Idaho Code, be, and the same is hereby
 24    amended to read as follows:

 25        49-121.  DEFINITIONS -- T.
 26        (1)  "Temporary supplemental lot" means a location other than the  princi-
 27    pal  place of business, or supplemental lot within the same or adjacent county
 28    as the principal place of business, where  a  licensed  dealer  may  secure  a
 29    license  to  conduct  the business and is licensed for a period of time not to
 30    exceed ten (10) days for a specific purpose  such  as  auto  shows,  auctions,
 31    shopping center promotions, tent sales, etc. Temporary supplemental lots shall
 32    meet  all  local zoning and building codes for the type of business being con-
 33    ducted. The requirements for a principal place of business shall not be appli-
 34    cable to temporary supplemental lot locations. The adjacent county restriction
 35    shall not apply if the dealer holds the franchise for the products to be  dis-
 36    played or sold and has approval from a manufacturer for the location where the
 37    proposed  temporary supplemental lot license will be issued by the department.
 38    Nonfranchised dealers shall be permitted to temporarily display or sell  their
 39    products  within a one hundred seventy-five (175) mile radius of their princi-
 40    pal place of business, upon approval by the department.
 41        (2)  "Tires" means:
 42        (a)  Metal. Every tire the surface of which in contact with the highway is
 43        wholly or partly of metal or other hard, nonresilient material.
 44        (b)  Pneumatic. Every tire in which compressed air is designed to  support
 45        the load.
 46        (c)  Snow  tire.  Every rubber tire with tread design or material embedded
 47        in the tire to improve winter traction except studded tires.
 48        (d)  Solid rubber. Every tire of rubber or other resilient material  which
 49        does not depend upon compressed air for the support of the load.
 50        (e)  Studded  tire.  Every  tire with built-in lugs of tungsten carbide or
 51        other suitable material designed to contact the road surface for  improved
 52        winter traction.
 53        (3)  "Traffic"  means  pedestrians,  ridden  or  herded animals, vehicles,

                                       5

  1    streetcars and other conveyances either singly or  together  while  using  any
  2    highway for purposes of travel.
  3        (4)  "Traffic  lane" or "lane of travel" means that portion of the roadway
  4    for movement of a single line of vehicles.
  5        (5)  "Traffic-control device" means any device, whether manually, electri-
  6    cally or mechanically operated, placed or erected by  authority  of  a  public
  7    body  or  official having jurisdiction, for the purpose of regulating, warning
  8    or guiding traffic.
  9        (6)  "Trailer" means:
 10        (a)  General. Every vehicle without motive  power  designed  for  carrying
 11        persons or property and for being drawn by a motor vehicle.
 12        (b)  Fifth-wheel  trailer. A vehicular unit equipped in the same manner as
 13        a travel trailer but constructed with a raised forward section that allows
 14        a bi-level floor plan. This style is designed to be  towed  by  a  vehicle
 15        equipped  with  a  device known as a fifth-wheel hitch, which is typically
 16        installed in the bed of a pickup truck.
 17        (c)  Fold down camping trailer.  A  vehicular  portable  unit  mounted  on
 18        wheels and constructed with collapsible partial side walls, which fold for
 19        towing  by another vehicle and unfold at the campsite to provide temporary
 20        living quarters, for recreational, camping or travel use.
 21        (d)  Park trailer. A trailer designed to be towed by a motorized  vehicle,
 22        and  of  such size and weight as not to require a special highway movement
 23        permit. It is designed for seasonal or temporary living quarters  and  may
 24        be  connected  to  utilities necessary for operation of installed fixtures
 25        and appliances. It is built on a single permanent chassis and  constructed
 26        to permit set up by persons without special skills.
 27        (e)  Pole trailer. Every vehicle without motive power designed to be drawn
 28        by  another vehicle and attached to the towing vehicle by means of a reach
 29        or pole or by being boomed or otherwise secured to the towing vehicle, and
 30        ordinarily used for transporting long or irregularly shaped loads such  as
 31        poles,  pipes,  or  structural  members  capable, generally, of sustaining
 32        themselves as beams between the supporting connections.
 33        (f)  Semitrailer. Every vehicle without motive power, designed for  carry-
 34        ing persons or property and for being drawn by a motor vehicle and so con-
 35        structed  that  some part of its weight and that of its load rests upon or
 36        is carried by the towing vehicle.
 37        (g)  Travel trailer. A vehicular unit, mounted on wheels designed to  pro-
 38        vide  temporary living quarters for recreational, camping, travel or emer-
 39        gency use and of such size or weight as not  to  require  special  highway
 40        movement permits when towed by a motorized vehicle.
 41        (h)  Utility trailer. (See "Utility trailer," section 49-122, Idaho Code)
 42        (7)  "Transitional  ownership document" means a document used to perfect a
 43    lien against creditors or subsequent purchasers  when  the  primary  ownership
 44    document is not available and the selling dealer, new security interest holder
 45    or  their  agent,  to the best of their knowledge, will not have possession of
 46    the primary ownership document, within thirty (30) days, and contains  all  of
 47    the following:
 48        (a)  The  date of sale or if no sale is involved, the date the contract or
 49        security agreement being perfected was signed;
 50        (b)  The name and address of each owner of the vehicle;
 51        (c)  The name and address of each security interest holder;
 52        (d)  If there are multiple security interest holders,  the  priorities  of
 53        interest  if  the  security  interest holders do not jointly hold a single
 54        security interest;
 55        (e)  The vehicle identification number;

                                       6

  1        (f)  The name of the security interest holder or person  who  submits  the
  2        transitional ownership document for the security interest holder; and
  3        (g)  Any other information the department may require for its records.
  4        (8)  "Transportation,"  for  the  purposes  of chapter 22, title 49, Idaho
  5    Code, means the movement of any regulated quantity of  hazardous  material  or
  6    hazardous  waste within, through, or to any destination in this state upon the
  7    highways of this state.
  8        (9)  "Transporter" means every person engaged in the business of  deliver-
  9    ing  vehicles of a type required to be registered from a manufacturing, assem-
 10    bling or distributing plant to dealers or  sales  agents  of  a  manufacturer,
 11    except  in  chapter  22,  title  49, Idaho Code, where it means any person who
 12    transports a hazardous material or hazardous waste within, through, or to  any
 13    destination upon the highways of this state.
 14        (10) "Truck" means:
 15        (a)  Refuse/sanitation.  Any vehicle designed and used solely for the pur-
 16        pose of transporting refuse.
 17        (b)  General. Every motor vehicle exceeding eight thousand (8,000)  pounds
 18        gross weight designed, used or maintained primarily for the transportation
 19        of property.
 20        (c)  Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross
 21        weight  or  less  which  is designed, used or maintained primarily for the
 22        transportation of property.
 23        (d)  Truck camper. A portable unit constructed to provide temporary living
 24        quarters for recreational, travel or camping use, consisting  of  a  roof,
 25        floor,  and sides, designed to be loaded onto and unloaded from the bed of
 26        a pickup truck, and containing at least one (1) of the  following  facili-
 27        ties:  stove; refrigerator or icebox; self-contained toilet; heater or air
 28        conditioner; potable water supply including a faucet  and  sink;  separate
 29        110-125  volt  electrical  power  supply;  or LP-gas supply. Truck campers
 30        originally constructed with an overall length of six (6)  feet  or  longer
 31        shall  be titled as provided in chapter 5 of this title 49. A truck camper
 32        does not include  pickup hoods, shells or canopies.
 33        (e)  Truck tractor. Every motor vehicle designed and  used  primarily  for
 34        drawing  other  vehicles  but  not so constructed as to carry a load other
 35        than a part of the weight of the vehicle and load so drawn.
 36        (11) "True mileage driven" means the mileage of the vehicle as  registered
 37    by the odometer within the manufacturer's designed tolerance.

 38        SECTION  3.  That  Section  49-501, Idaho Code, be, and the same is hereby
 39    amended to read as follows:

 40        49-501.  TITLING REQUIREMENTS -- EXEMPTIONS. (1) The  provisions  of  this
 41    chapter  shall  apply  to  every  vehicle  required  to be registered with the
 42    department in chapter 4, title 49, Idaho Code.
 43        (2)  In addition, the titling requirements of this chapter shall apply  to
 44    the  following vehicles which are not required to be registered under the pro-
 45    visions of chapter 4, title 49, Idaho Code:
 46        (a)  All-terrain vehicles, motorbikes, snowmobiles and utility type  vehi-
 47        cles as defined in section 67-7101, Idaho Code; and
 48        (b)  Manufactured homes as defined in section 39-4105, Idaho Code; and
 49        (c)  Truck  campers  as  defined  in section 49-121, Idaho Code, that were
 50        originally constructed with an overall length of six (6) feet  or  longer.
 51        Titling is optional for truck campers acquired before January 1, 2009.
 52        (3)  Certain vehicles which are required to be registered under the provi-
 53    sions  of  chapter  4,  title 49, Idaho Code, shall be exempt from the titling

                                       7

  1    requirements of this chapter as follows:
  2        (a)  Utility trailers whose unladen  weight  is  less  than  two  thousand
  3        (2,000) pounds; and
  4        (b)  The board may, by rule, exempt vehicles and motor vehicles registered
  5        under  the  provisions of sections 49-434 and 49-435, Idaho Code, from the
  6        titling requirements of this chapter.
  7        (4)  Vehicles exempt from registration under  the  provisions  of  section
  8    49-426,  Idaho Code, are exempt from the titling requirements of this chapter,
  9    unless otherwise specifically required by the provisions of subsection (2)  of
 10    this section.

 11        SECTION  4.  That  Section 49-1606, Idaho Code, be, and the same is hereby
 12    amended to read as follows:

 13        49-1606.  CLASSES OF LICENSES  --  NONRESIDENT  DEALERS.  Licenses  issued
 14    under the provisions of this chapter shall be as follows:
 15        (1)  A  dealer's  license shall permit the licensee to engage in the busi-
 16    ness of selling or exchanging new and used vehicles, new and used  motorcycles
 17    and  motor  scooters,  new  and  used  all-terrain vehicles, snow machines and
 18    travel trailers, truck campers, and new and used motor  homes.  This  form  of
 19    license  shall  permit licensees who are owners or part owners of the business
 20    of the licensee to act as vehicle salesmen.
 21        (2)  A vehicle salesman's license shall permit the licensee to  engage  in
 22    the activities of a vehicle salesman.
 23        (3)  A  wholesale  dealer's license shall permit the licensee to engage in
 24    the business of wholesaling used vehicles to Idaho vehicle dealers. The holder
 25    of this license must meet all the requirements for a principal place of  busi-
 26    ness,  except  for the requirement of display area and adequate room to repair
 27    vehicles.
 28        (4)  A vehicle manufacturer's license shall permit the licensee to  engage
 29    in the business of constructing or assembling vehicles, of the type subject to
 30    registration  under  this  title   at  an established place of business within
 31    Idaho.
 32        (5)  A distributor, factory branch, or distributor  branch  license  shall
 33    permit  the  licensee  to  engage  in the business of selling and distributing
 34    vehicles, parts, and accessories to their franchised dealers.
 35        (6)  A representative (factory branch or distributor, etc.) license  shall
 36    permit  the  licensee  to  engage in the business of contacting his respective
 37    authorized dealers, for the purpose of making or promoting the  sale  of  his,
 38    its, or their vehicles, parts, and accessories.
 39        (7)  Pending the satisfaction of the department that the applicant has met
 40    the  requirements for licensure, it may issue a temporary permit to any appli-
 41    cant for a license. A temporary permit shall not exceed  a  period  of  ninety
 42    (90)  days while the department is completing its investigation and determina-
 43    tion of facts relative to the qualifications of the applicant for a license. A
 44    temporary permit shall terminate when the applicant's license has been  issued
 45    or refused.
 46        (8)  The  department  may issue a probationary vehicle salesman's license,
 47    subject to conditions to be observed in the exercise of the privilege  granted
 48    either  upon  application  for  issuance  of a license or upon application for
 49    renewal of a license. The conditions to be attached to  the  exercise  of  the
 50    privilege  shall not appear on the face of the license but shall, in the judg-
 51    ment of the department, be in the public interest and suitable to the qualifi-
 52    cations of the applicant as disclosed by the application and investigation  by
 53    the department.

                                       8

  1        (9)  A  nonresident  dealer who is currently authorized to do business as,
  2    and has an established place of business as a vehicle dealer in another state,
  3    is not subject to licensure under the provisions of this chapter  as  long  as
  4    the  sales  are  limited  to  the exportation of vehicles for sale to, and the
  5    importation of vehicles purchased from, licensed Idaho vehicle dealers.

  6        SECTION 5.  That Section 49-1608, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:

  8        49-1608.  LICENSE BOND. (1) Before any dealer's license shall be issued by
  9    the department to any applicant, the applicant shall procure and file with the
 10    department  good and sufficient bond in the amount shown, conditioned that the
 11    applicant shall not practice any fraud, make any fraudulent representation  or
 12    violate any of the provisions of this chapter, rules of the department, or the
 13    provisions  of  chapter  5, title 49, section 49-1418, or chapter 6, title 48,
 14    Idaho Code, or federal motor vehicle safety standards, or  odometer  fraud  in
 15    the conduct of the business for which he is licensed.
 16        (a)  All  dealers, including wholesale, but excluding a dealer exclusively
 17        in the business of motorcycles and motor scooters,  all-terrain  vehicles,
 18        utility  type vehicles, truck campers and snow machine sales, twenty thou-
 19        sand dollars ($20,000).
 20        (b)  A dealer exclusively in the business of motorcycle and motor  scooter
 21        sales, all-terrain vehicles, utility type vehicles, truck campers and snow
 22        machine sales, ten thousand dollars ($10,000).
 23        (2)  The  bond  required in this section may be continuous in form and the
 24    total aggregate liability on the bond shall be limited to the payment  of  the
 25    amounts set forth in this section. The bond shall be in the following form:
 26        (a)  A  corporate surety bond, by a surety licensed to do business in this
 27        state; or
 28        (b)  A certificate of deposit, in a form prescribed by the director; or
 29        (c)  A cash deposit with the director.
 30        (3)  If a bond is canceled or otherwise becomes  invalid,  upon  receiving
 31    notice  of  the  cancellation  or invalidity, the department shall immediately
 32    suspend the dealer's license and take possession of the  license  itself,  all
 33    vehicle  plates  used in the business and all unused title applications of the
 34    licensee. The licensee is entitled to a hearing which  shall  be  held  within
 35    twenty (20) days of the suspension. Upon receiving notice that a valid bond is
 36    in force, the department shall immediately reinstate the license.
 37        (4)  The  bond  requirements  of  this  section  shall be satisfied if the
 38    applicant is a duly licensed manufactured home dealer in accordance with chap-
 39    ter 21, title 44, Idaho Code, and the bond required by section 44-2103,  Idaho
 40    Code, otherwise meets the requirements of this section. The amount of the bond
 41    shall be in the amount as required in this section or that required in section
 42    44-2103,  Idaho Code, whichever is greater. The applicant shall furnish a cer-
 43    tified copy of the bond as required in section 44-2103,  Idaho  Code,  to  the
 44    department.

 45        SECTION 6.  That Section 63-3622HH, Idaho Code, be, and the same is hereby
 46    amended to read as follows:

 47        63-3622HH.  PRODUCTION  EXEMPTION  SHALL  NOT  APPLY  TO  SALES  REGARDING
 48    RECREATION-RELATED VEHICLES. (1) Notwithstanding any other provision of law to
 49    the  contrary,  the  production  exemption provided in section 63-3622D, Idaho
 50    Code, shall not apply to sales  of  or  repairs  to  snowmobiles,  off-highway
 51    motorbikes,  recreational  vehicles,  or  motorcycles and all sales of snowmo-

                                       9

  1    biles, off-highway motorbikes, recreational vehicles or motorcycles  are  sub-
  2    ject  to the sales and use taxes imposed by this chapter. All repairs to snow-
  3    mobiles, off-highway motorbikes, recreational vehicles or motorcycles are sub-
  4    ject to the sales and use taxes imposed by this chapter.
  5        (2)  As used in this section, the term "snowmobile"  means  any  self-pro-
  6    pelled  vehicle  under  one  thousand  (1,000)  pounds  unladened gross weight
  7    designed primarily for travel on snow or ice or over natural terrain which may
  8    be steered by tracks, skis or runners, and which is not  otherwise  registered
  9    or licensed under the laws of the state of Idaho.
 10        (3)  As  used  in this section, the term "off-highway motorbike" means any
 11    self-propelled two (2), three (3), four (4) or five (5) wheeled motorcycle  or
 12    motor-driven  cycle,  excluding  tractor, designed for or capable of traveling
 13    off developed roadways and highways and also referred to as trailbikes, enduro
 14    bikes, trail bikes, motorcross bikes or dual purpose motorcycles.
 15        (4)  As used in this section, the  term  "recreational  vehicle"  means  a
 16    motor  home,  travel trailer, truck camper or camping trailer, with or without
 17    motive power, designed for human  habitation  for  recreational  or  emergency
 18    occupancy.  The  term  recreational  vehicle  shall  not include pickup hoods,
 19    shells, or canopies designed, created  or  modified  for  occupational  usage.
 20    School buses or van type vehicles which are converted to recreational use, are
 21    defined  as  recreational  vehicles. Specific classes of recreational vehicles
 22    are defined as follows:
 23        (a)  The term "motor home" shall mean a vehicular unit designed to provide
 24        temporary living quarters, built into an integral part of  or  permanently
 25        attached  to a self-propelled motor vehicle chassis. The vehicle must con-
 26        tain permanently installed independent life support systems which meet the
 27        aAmerican national standards institute (ANSI) A119.7 standard  for  recre-
 28        ational  vehicles,  and provide at least four (4) of the following facili-
 29        ties: cooking, refrigeration or ice  box  icebox,  self-contained  toilet,
 30        heating and/or air conditioning, a portable water supply system, including
 31        a  faucet  and  sink, separate 110-125 volt electrical power supply and/or
 32        LP-gas supply.
 33        (b)  The term "travel trailer" shall mean a  vehicular  unit,  mounted  on
 34        wheels  designed  to  provide  temporary living quarters for recreational,
 35        camping, travel or emergency use and of such size  or  weight  as  not  to
 36        require  special  highway movement permits when towed by a motorized vehi-
 37        cle.
 38        (c)  The term "fifth wheel trailer" shall mean a vehicular  unit  equipped
 39        in  the same manner as a travel trailer but constructed with a raised for-
 40        ward section that allows a bi-level floor plan. This style is designed  to
 41        be towed by a vehicle equipped with a device known as a fifth-wheel hitch,
 42        which is typically installed in the bed of a pickup truck.
 43        (d)  The  term "park trailer" shall mean a trailer designed to be towed by
 44        a motorized vehicle, and of such size and weight as not to require a  spe-
 45        cial  highway  movement  permit.  It is designed for seasonal or temporary
 46        living quarters and may be connected to utilities necessary for  operation
 47        of  installed  fixtures and appliances. It  is built on a single permanent
 48        chassis and constructed to  permit  set  up  by  persons  without  special
 49        skills.
 50        (e)  The  term "fold down camping trailer" shall mean a vehicular portable
 51        unit mounted on wheels  and  constructed  with  collapsible  partial  side
 52        walls, which fold for towing by another vehicle and unfold at the campsite
 53        to  provide temporary living quarters, for recreational, camping or travel
 54        use.
 55        (f)  The term "truck camper" shall mean a  portable  unit  constructed  to

                                       10

  1        provide temporary living quarters for recreational, travel or camping use,
  2        consisting  of  a  roof,  floor, and sides, designed to be loaded onto and
  3        unloaded from the bed of a pickup truck, and containing at least  one  (1)
  4        of the following facilities: stove; refrigerator or icebox; self-contained
  5        toilet; heater or air conditioner; potable water supply including a faucet
  6        and sink; separate 110-125 volt electrical power supply; or LP-gas supply.
  7        (5)  As  used  in  this  section,  the term "motorcycle" means every motor
  8    vehicle having a seat or saddle for the use  of  the  rider  and  designed  to
  9    travel  on  not  more  than  three  (3) wheels in contact with the ground, but
 10    excluding a tractor. A motorcycle also is every  motor  scooter  or  motorized
 11    bicycle having an engine with less than one hundred fifty (150) cubic centime-
 12    ters displacement or with five (5) brake horsepower or less.
 13        (6)  As  used  in  this section, the term "repairs" shall include only the
 14    costs of parts,  but  not  labor,  utilized  on  the  snowmobile,  off-highway
 15    motorbike, recreational vehicle or motorcycle.

 16        SECTION  7.  This act shall be in full force and effect on and after Janu-
 17    ary 1, 2009.

Amendment




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

                                                                       

                                                     Moved by    Hammond 

                                                     Seconded by Keough 


                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 440

  1                                AMENDMENT TO SECTION 3
  2        On page 6 of the printed bill, in line 51,  following  "2009"  insert:  ".
  3    Liens and encumbrances on truck campers that were filed with the office of the
  4    secretary  of  state in compliance with chapter 9, title 28, Idaho Code, prior
  5    to January 1, 2009, shall be in full force  and  effect  until  said  lien  or
  6    encumbrance  is  satisfied  and  released  by the lienholder who perfected the
  7    original lien or encumbrance".

  8                                 CORRECTION TO TITLE
  9        On page 1, in line 5, delete "TITLED AND" and insert:  "TITLED,";  and  in
 10    line  6, following "2009" insert: ", AND TO PROVIDE FOR LIENS AND ENCUMBRANCES
 11    FILED PRIOR TO JANUARY 1, 2009".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




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

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                        HOUSE BILL NO. 440, As Amended in the Senate

                          BY TRANSPORTATION AND DEFENSE COMMITTEE

  1                                        AN ACT
  2    RELATING TO TRUCK CAMPERS; AMENDING SECTION 49-105, IDAHO CODE, TO REVISE  THE
  3        DEFINITION OF "DEALER"; AMENDING SECTION 49-121, IDAHO CODE, TO REVISE THE
  4        DEFINITION  OF  "TRUCK  CAMPER";  AMENDING  SECTION 49-501, IDAHO CODE, TO
  5        REQUIRE CERTAIN TRUCK CAMPERS  TO  BE  TITLED,  TO  PROVIDE  FOR  OPTIONAL
  6        TITLING  OF  TRUCK CAMPERS ACQUIRED BEFORE JANUARY 1, 2009, AND TO PROVIDE
  7        FOR LIENS AND ENCUMBRANCES FILED PRIOR TO JANUARY 1, 2009;  AMENDING  SEC-
  8        TION  49-1606, IDAHO CODE, TO REVISE DEALER LICENSING PROVISIONS; AMENDING
  9        SECTION 49-1608, IDAHO CODE, TO REVISE  DEALER  LICENSE  BOND  PROVISIONS;
 10        AMENDING SECTION 63-3622HH, IDAHO CODE, TO REVISE THE DEFINITION OF "TRUCK
 11        CAMPER"  AND  TO  MAKE  TECHNICAL  CORRECTIONS; AND PROVIDING AN EFFECTIVE
 12        DATE.

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

 14        SECTION 1.  That Section 49-105, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:

 16        49-105.  DEFINITIONS -- D. (1) "Dealer" means every person in the business
 17    of buying, selling or exchanging five (5) or more new or used vehicles, new or
 18    used neighborhood electric vehicles, new or used motorcycles, snow machines or
 19    motor  scooters, travel trailers, truck campers, all-terrain vehicles, utility
 20    type vehicles or motor homes in any calendar year, either outright or on  con-
 21    ditional  sale, bailment, lease, chattel mortgage, or otherwise, or who has an
 22    established place of business for the sale, lease, trade, or display of  these
 23    vehicles.  No  insurance company, bank, finance company, public utilities com-
 24    pany, or other person coming into possession of any vehicle, as an incident to
 25    its regular business, who shall sell that vehicle under any contractual rights
 26    it may have, shall be considered a dealer. See also  "salvage  pool,"  section
 27    49-120, Idaho Code.
 28        (2)  "Dealer's selling agreement." (See "Franchise," section 49-107, Idaho
 29    Code)
 30        (3)  "Department"   means   the  Idaho  transportation  department  acting
 31    directly or through its duly authorized officers and agents, except  in  chap-
 32    ters  6  and  9,  title  49,  Idaho Code, where the term means the Idaho state
 33    police, except as otherwise specifically provided.
 34        (4)  "Designated family member" means the spouse, child, grandchild,  par-
 35    ent,  brother or sister of the owner of a vehicle dealership who, in the event
 36    of the owner's death, is entitled to inherit the  ownership  interest  in  the
 37    dealership under the same terms of the owner's will, or who has been nominated
 38    in any other written instrument, or who, in the case of an incapacitated owner
 39    of  a dealership, has been appointed by a court as the legal representative of
 40    the dealer's property.
 41        (5)  "Director" means the director of the Idaho transportation department,
 42    except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
 43    director of the Idaho state police.

                                       2

  1        (6)  "Disclose" means to engage in any practice or conduct to make  avail-
  2    able  and  make known personal information contained in records of the depart-
  3    ment about a person to any other person, organization or entity, by any  means
  4    of communication.
  5        (7)  "Disqualification" as defined in 49 CFR part 383, means withdrawal by
  6    the department of commercial vehicle driving privileges.
  7        (8)  "Distributor"  means  any  person,  firm, association, corporation or
  8    trust, resident or nonresident, who has a franchise  from  a  manufacturer  of
  9    vehicles  to  distribute  vehicles  in this state, and who in whole or in part
 10    sells or distributes new vehicles to dealers   or  who  maintains  distributor
 11    representatives.
 12        (9)  "Distributor  branch" means a branch office similarly maintained by a
 13    distributor for the same purposes a factory branch is maintained.
 14        (10) "Distributor representative" means  any  person,  firm,  association,
 15    corporation  or trust, and each officer and employee thereof engaged as a rep-
 16    resentative of a distributor or distributor branch of vehicles for the purpose
 17    of making or promoting the sale of vehicles, or for supervising or  contacting
 18    dealers or prospective dealers.
 19        (11) "District" means:
 20        (a)  Business  district. The territory contiguous to and including a high-
 21        way when within any six hundred (600) feet along  the  highway  there  are
 22        buildings  in  use  for business or industrial purposes, including hotels,
 23        banks or office buildings, railroad stations and  public  buildings  which
 24        occupy  at least three hundred (300) feet of frontage on one side or three
 25        hundred (300) feet collectively on both sides of the highway.
 26        (b)  Residential district. The territory contiguous  to  and  including  a
 27        highway  not comprising a business district when the property on the high-
 28        way for a distance of three hundred (300) feet or  more  is  in  the  main
 29        improved with residences, or residences and buildings in use for business.
 30        (c)  Urban district. The territory contiguous to and including any highway
 31        which  is built up with structures devoted to business, industry or dwell-
 32        ing houses. For purposes of establishing speed limits in  accordance  with
 33        the provisions of section 49-654, Idaho Code, no state highway or any por-
 34        tion  thereof  lying within the boundaries of an urban district is subject
 35        to the limitations which otherwise apply to nonstate  highways  within  an
 36        urban district. Provided, this subsection shall not limit the authority of
 37        the  duly  elected  officials  of  an  incorporated city acting as a local
 38        authority to decrease speed limits on state highways passing  through  any
 39        district within the incorporated city.
 40        (12) "Documented  vessel" means a vessel having a valid marine document as
 41    a vessel of the United States.
 42        (13) "Drag race" means the operation of two (2) or more  vehicles  from  a
 43    point  side by side at accelerating speeds in a competitive attempt to outdis-
 44    tance each other, or the operation of one (1) or more vehicles over  a  common
 45    selected  course,  from  the  same point to the same point, for the purpose of
 46    comparing the relative speeds or power of acceleration of the vehicles  within
 47    a certain distance or time limit.
 48        (14) "Driver"  means every person who drives or is in actual physical con-
 49    trol of a vehicle.
 50        (15) "Driver's license" means a license or permit issued by the department
 51    or by any other jurisdiction to an individual which authorizes the  individual
 52    to  operate  a  motor  vehicle  or commercial motor vehicle on the highways in
 53    accordance with the requirements of title 49, Idaho Code.
 54        (16) "Driver's license -- Classes of" are issued for the  operation  of  a
 55    vehicle based on the size of the vehicle or the type of load and mean:

                                       3

  1        (a)  Class  A. This license shall be issued and valid for the operation of
  2        any combination of motor vehicles with a manufacturer's gross  combination
  3        weight  rating  (GCWR)  in  excess of twenty-six thousand (26,000) pounds,
  4        provided the manufacturer's gross vehicle  weight  rating  (GVWR)  of  the
  5        vehicle(s)  being towed is in excess of ten thousand (10,000) pounds. Per-
  6        sons holding a valid class A license may also operate vehicles requiring a
  7        class B, C or D license.
  8        (b)  Class B. This license shall be issued and valid for the operation  of
  9        any  single  vehicle  with  a  manufacturer's  gross vehicle weight rating
 10        (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
 11        cle towing a vehicle  not  in  excess  of  ten  thousand  (10,000)  pounds
 12        manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
 13        class B license may also operate vehicles requiring a class C license or a
 14        class D license.
 15        (c)  Class  C. This license shall be issued and valid for the operation of
 16        any single vehicle or combination of vehicles that does not meet the defi-
 17        nition of class A or class B, as defined in this section, but that  either
 18        is designed to transport sixteen (16) or more people including the driver,
 19        or is of any size which does not meet the definition of class A or class B
 20        and  is  used  in  the  transportation  of materials found to be hazardous
 21        according to the hazardous material transportation act and which  requires
 22        the  motor  vehicle  to be placarded under the federal hazardous materials
 23        regulations 49 CFR part 172, subpart F. Persons holding a  valid  class  C
 24        license may also operate vehicles requiring a class D license.
 25        (d)  Class  D. This license shall be issued and valid for the operation of
 26        a motor vehicle that is not a commercial vehicle  as  defined  in  section
 27        49-123, Idaho Code.
 28        (e)  "Seasonal  driver's  license" means a special restricted class B or C
 29        driver's license to operate certain commercial  vehicles  in  farm-related
 30        industries  under  restrictions imposed by the department. As used in this
 31        definition, "farm-related industry" shall  mean  custom  harvesters,  farm
 32        retail  outlets  and  suppliers,  agri-chemical  businesses  and livestock
 33        feeders. Seasonal driver's licenses are not  valid  for  driving  vehicles
 34        carrying any quantities of hazardous material requiring placarding, except
 35        for  diesel  fuel  in  quantities of one thousand (1,000) gallons or less,
 36        liquid fertilizers, i.e., plant nutrients, in vehicles  or  implements  of
 37        husbandry with total capacities of three thousand (3,000) gallons or less,
 38        and  solid  fertilizers,  i.e.,  solid plant nutrients, that are not mixed
 39        with any organic substance.
 40        (17) "Driver record" means any record that  pertains  to  an  individual's
 41    driver's license, driving permit, driving privileges, driving history, identi-
 42    fication documents or other similar credentials issued by the department.
 43        (18) "Driver's license endorsements" means special authorizations that are
 44    required  to  be  displayed  on  a driver's license which permit the driver to
 45    operate certain types of commercial vehicles or  commercial  vehicles  hauling
 46    certain types of cargo, or to operate a motorcycle or a school bus.
 47        (a)  "Endorsement  T  --  Double/Triple trailer" means this endorsement is
 48        required on a class A, B or C license to permit the licensee to operate  a
 49        vehicle authorized to tow more than one (1) trailer.
 50        (b)  "Endorsement  H  --  Hazardous  material"  means  this endorsement is
 51        required on a class A, B or C license if the driver is operating a vehicle
 52        used in the transportation of materials found to be hazardous according to
 53        the hazardous material transportation act and  which  requires  the  motor
 54        vehicle  to be placarded under the federal hazardous materials regulations
 55        49 CFR part 172, subpart F.

                                       4

  1        (c)  "Endorsement P -- Passenger" means this endorsement is required on  a
  2        class  A,  B  or  C  license  to  permit the licensee to operate a vehicle
  3        designed to transport sixteen (16) or more people including the driver.
  4        (d)  "Endorsement N -- Tank vehicle" means this endorsement is required on
  5        a class A, B or C license to permit the  licensee  to  operate  a  vehicle
  6        which  is  designed  to transport any liquid or gaseous materials within a
  7        tank that is either permanently or temporarily attached  to  the  vehicle.
  8        Such  vehicles  include,  but are not limited to, cargo tanks and portable
  9        tanks, as defined in federal regulations 49 CFR part 171. This  definition
 10        does not include portable tanks having a rated capacity under one thousand
 11        (1,000) gallons.
 12        (e)  "Endorsement M -- Motorcycle" means this endorsement is required on a
 13        driver's license to permit the driver to operate a motorcycle.
 14        (f)  "Endorsement S -- School bus" means this endorsement is required on a
 15        class  A, B or C license to permit the licensee to operate a school bus in
 16        accordance with 49 CFR part 383, to transport preprimary, primary or  sec-
 17        ondary school students from home to school, from school to home, or to and
 18        from  school-sponsored events. School bus does not include a bus used as a
 19        common carrier.
 20        (19) "Driveway" means a private road giving access from a public way to  a
 21    building on abutting grounds.
 22        (20) "Dromedary  tractor" means every motor vehicle designed and used pri-
 23    marily for drawing a semitrailer and so constructed  as  to  carry  manifested
 24    cargo in addition to a part of the weight of the semitrailer.

 25        SECTION  2.  That  Section  49-121, Idaho Code, be, and the same is hereby
 26    amended to read as follows:

 27        49-121.  DEFINITIONS -- T.
 28        (1)  "Temporary supplemental lot" means a location other than the  princi-
 29    pal  place of business, or supplemental lot within the same or adjacent county
 30    as the principal place of business, where  a  licensed  dealer  may  secure  a
 31    license  to  conduct  the business and is licensed for a period of time not to
 32    exceed ten (10) days for a specific purpose  such  as  auto  shows,  auctions,
 33    shopping center promotions, tent sales, etc. Temporary supplemental lots shall
 34    meet  all  local zoning and building codes for the type of business being con-
 35    ducted. The requirements for a principal place of business shall not be appli-
 36    cable to temporary supplemental lot locations. The adjacent county restriction
 37    shall not apply if the dealer holds the franchise for the products to be  dis-
 38    played or sold and has approval from a manufacturer for the location where the
 39    proposed  temporary supplemental lot license will be issued by the department.
 40    Nonfranchised dealers shall be permitted to temporarily display or sell  their
 41    products  within a one hundred seventy-five (175) mile radius of their princi-
 42    pal place of business, upon approval by the department.
 43        (2)  "Tires" means:
 44        (a)  Metal. Every tire the surface of which in contact with the highway is
 45        wholly or partly of metal or other hard, nonresilient material.
 46        (b)  Pneumatic. Every tire in which compressed air is designed to  support
 47        the load.
 48        (c)  Snow  tire.  Every rubber tire with tread design or material embedded
 49        in the tire to improve winter traction except studded tires.
 50        (d)  Solid rubber. Every tire of rubber or other resilient material  which
 51        does not depend upon compressed air for the support of the load.
 52        (e)  Studded  tire.  Every  tire with built-in lugs of tungsten carbide or
 53        other suitable material designed to contact the road surface for  improved

                                       5

  1        winter traction.
  2        (3)  "Traffic"  means  pedestrians,  ridden  or  herded animals, vehicles,
  3    streetcars and other conveyances either singly or  together  while  using  any
  4    highway for purposes of travel.
  5        (4)  "Traffic  lane" or "lane of travel" means that portion of the roadway
  6    for movement of a single line of vehicles.
  7        (5)  "Traffic-control device" means any device, whether manually, electri-
  8    cally or mechanically operated, placed or erected by  authority  of  a  public
  9    body  or  official having jurisdiction, for the purpose of regulating, warning
 10    or guiding traffic.
 11        (6)  "Trailer" means:
 12        (a)  General. Every vehicle without motive  power  designed  for  carrying
 13        persons or property and for being drawn by a motor vehicle.
 14        (b)  Fifth-wheel  trailer. A vehicular unit equipped in the same manner as
 15        a travel trailer but constructed with a raised forward section that allows
 16        a bi-level floor plan. This style is designed to be  towed  by  a  vehicle
 17        equipped  with  a  device known as a fifth-wheel hitch, which is typically
 18        installed in the bed of a pickup truck.
 19        (c)  Fold down camping trailer.  A  vehicular  portable  unit  mounted  on
 20        wheels and constructed with collapsible partial side walls, which fold for
 21        towing  by another vehicle and unfold at the campsite to provide temporary
 22        living quarters, for recreational, camping or travel use.
 23        (d)  Park trailer. A trailer designed to be towed by a motorized  vehicle,
 24        and  of  such size and weight as not to require a special highway movement
 25        permit. It is designed for seasonal or temporary living quarters  and  may
 26        be  connected  to  utilities necessary for operation of installed fixtures
 27        and appliances. It is built on a single permanent chassis and  constructed
 28        to permit set up by persons without special skills.
 29        (e)  Pole trailer. Every vehicle without motive power designed to be drawn
 30        by  another vehicle and attached to the towing vehicle by means of a reach
 31        or pole or by being boomed or otherwise secured to the towing vehicle, and
 32        ordinarily used for transporting long or irregularly shaped loads such  as
 33        poles,  pipes,  or  structural  members  capable, generally, of sustaining
 34        themselves as beams between the supporting connections.
 35        (f)  Semitrailer. Every vehicle without motive power, designed for  carry-
 36        ing persons or property and for being drawn by a motor vehicle and so con-
 37        structed  that  some part of its weight and that of its load rests upon or
 38        is carried by the towing vehicle.
 39        (g)  Travel trailer. A vehicular unit, mounted on wheels designed to  pro-
 40        vide  temporary living quarters for recreational, camping, travel or emer-
 41        gency use and of such size or weight as not  to  require  special  highway
 42        movement permits when towed by a motorized vehicle.
 43        (h)  Utility trailer. (See "Utility trailer," section 49-122, Idaho Code)
 44        (7)  "Transitional  ownership document" means a document used to perfect a
 45    lien against creditors or subsequent purchasers  when  the  primary  ownership
 46    document is not available and the selling dealer, new security interest holder
 47    or  their  agent,  to the best of their knowledge, will not have possession of
 48    the primary ownership document, within thirty (30) days, and contains  all  of
 49    the following:
 50        (a)  The  date of sale or if no sale is involved, the date the contract or
 51        security agreement being perfected was signed;
 52        (b)  The name and address of each owner of the vehicle;
 53        (c)  The name and address of each security interest holder;
 54        (d)  If there are multiple security interest holders,  the  priorities  of
 55        interest  if  the  security  interest holders do not jointly hold a single

                                       6

  1        security interest;
  2        (e)  The vehicle identification number;
  3        (f)  The name of the security interest holder or person  who  submits  the
  4        transitional ownership document for the security interest holder; and
  5        (g)  Any other information the department may require for its records.
  6        (8)  "Transportation,"  for  the  purposes  of chapter 22, title 49, Idaho
  7    Code, means the movement of any regulated quantity of  hazardous  material  or
  8    hazardous  waste within, through, or to any destination in this state upon the
  9    highways of this state.
 10        (9)  "Transporter" means every person engaged in the business of  deliver-
 11    ing  vehicles of a type required to be registered from a manufacturing, assem-
 12    bling or distributing plant to dealers or  sales  agents  of  a  manufacturer,
 13    except  in  chapter  22,  title  49, Idaho Code, where it means any person who
 14    transports a hazardous material or hazardous waste within, through, or to  any
 15    destination upon the highways of this state.
 16        (10) "Truck" means:
 17        (a)  Refuse/sanitation.  Any vehicle designed and used solely for the pur-
 18        pose of transporting refuse.
 19        (b)  General. Every motor vehicle exceeding eight thousand (8,000)  pounds
 20        gross weight designed, used or maintained primarily for the transportation
 21        of property.
 22        (c)  Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross
 23        weight  or  less  which  is designed, used or maintained primarily for the
 24        transportation of property.
 25        (d)  Truck camper. A portable unit constructed to provide temporary living
 26        quarters for recreational, travel or camping use, consisting  of  a  roof,
 27        floor,  and sides, designed to be loaded onto and unloaded from the bed of
 28        a pickup truck, and containing at least one (1) of the  following  facili-
 29        ties:  stove; refrigerator or icebox; self-contained toilet; heater or air
 30        conditioner; potable water supply including a faucet  and  sink;  separate
 31        110-125  volt  electrical  power  supply;  or LP-gas supply. Truck campers
 32        originally constructed with an overall length of six (6)  feet  or  longer
 33        shall  be titled as provided in chapter 5 of this title 49. A truck camper
 34        does not include  pickup hoods, shells or canopies.
 35        (e)  Truck tractor. Every motor vehicle designed and  used  primarily  for
 36        drawing  other  vehicles  but  not so constructed as to carry a load other
 37        than a part of the weight of the vehicle and load so drawn.
 38        (11) "True mileage driven" means the mileage of the vehicle as  registered
 39    by the odometer within the manufacturer's designed tolerance.

 40        SECTION  3.  That  Section  49-501, Idaho Code, be, and the same is hereby
 41    amended to read as follows:

 42        49-501.  TITLING REQUIREMENTS -- EXEMPTIONS. (1) The  provisions  of  this
 43    chapter  shall  apply  to  every  vehicle  required  to be registered with the
 44    department in chapter 4, title 49, Idaho Code.
 45        (2)  In addition, the titling requirements of this chapter shall apply  to
 46    the  following vehicles which are not required to be registered under the pro-
 47    visions of chapter 4, title 49, Idaho Code:
 48        (a)  All-terrain vehicles, motorbikes, snowmobiles and utility type  vehi-
 49        cles as defined in section 67-7101, Idaho Code; and
 50        (b)  Manufactured homes as defined in section 39-4105, Idaho Code; and
 51        (c)  Truck  campers  as  defined  in section 49-121, Idaho Code, that were
 52        originally constructed with an overall length of six (6) feet  or  longer.
 53        Titling  is  optional  for  truck campers acquired before January 1, 2009.

                                       7

  1        Liens and encumbrances on truck campers that were filed with the office of
  2        the secretary of state in compliance with chapter 9, title 28, Idaho Code,
  3        prior to January 1, 2009, shall be in full force  and  effect  until  said
  4        lien  or  encumbrance is satisfied and released by the lienholder who per-
  5        fected the original lien or encumbrance.
  6        (3)  Certain vehicles which are required to be registered under the provi-
  7    sions of chapter 4, title 49, Idaho Code, shall be  exempt  from  the  titling
  8    requirements of this chapter as follows:
  9        (a)  Utility  trailers  whose  unladen  weight  is  less than two thousand
 10        (2,000) pounds; and
 11        (b)  The board may, by rule, exempt vehicles and motor vehicles registered
 12        under the provisions of sections 49-434 and 49-435, Idaho Code,  from  the
 13        titling requirements of this chapter.
 14        (4)  Vehicles  exempt  from  registration  under the provisions of section
 15    49-426, Idaho Code, are exempt from the titling requirements of this  chapter,
 16    unless  otherwise specifically required by the provisions of subsection (2) of
 17    this section.

 18        SECTION 4.  That Section 49-1606, Idaho Code, be, and the same  is  hereby
 19    amended to read as follows:

 20        49-1606.  CLASSES  OF  LICENSES  --  NONRESIDENT  DEALERS. Licenses issued
 21    under the provisions of this chapter shall be as follows:
 22        (1)  A dealer's license shall permit the licensee to engage in  the  busi-
 23    ness  of selling or exchanging new and used vehicles, new and used motorcycles
 24    and motor scooters, new and  used  all-terrain  vehicles,  snow  machines  and
 25    travel  trailers,  truck  campers,  and new and used motor homes. This form of
 26    license shall permit licensees who are owners or part owners of  the  business
 27    of the licensee to act as vehicle salesmen.
 28        (2)  A  vehicle  salesman's license shall permit the licensee to engage in
 29    the activities of a vehicle salesman.
 30        (3)  A wholesale dealer's license shall permit the licensee to  engage  in
 31    the business of wholesaling used vehicles to Idaho vehicle dealers. The holder
 32    of  this license must meet all the requirements for a principal place of busi-
 33    ness, except for the requirement of display area and adequate room  to  repair
 34    vehicles.
 35        (4)  A  vehicle manufacturer's license shall permit the licensee to engage
 36    in the business of constructing or assembling vehicles, of the type subject to
 37    registration under this title  at an  established  place  of  business  within
 38    Idaho.
 39        (5)  A  distributor,  factory  branch, or distributor branch license shall
 40    permit the licensee to engage in the  business  of  selling  and  distributing
 41    vehicles, parts, and accessories to their franchised dealers.
 42        (6)  A  representative (factory branch or distributor, etc.) license shall
 43    permit the licensee to engage in the business  of  contacting  his  respective
 44    authorized  dealers,  for  the purpose of making or promoting the sale of his,
 45    its, or their vehicles, parts, and accessories.
 46        (7)  Pending the satisfaction of the department that the applicant has met
 47    the requirements for licensure, it may issue a temporary permit to any  appli-
 48    cant  for  a  license.  A temporary permit shall not exceed a period of ninety
 49    (90) days while the department is completing its investigation and  determina-
 50    tion of facts relative to the qualifications of the applicant for a license. A
 51    temporary  permit shall terminate when the applicant's license has been issued
 52    or refused.
 53        (8)  The department may issue a probationary vehicle  salesman's  license,

                                       8

  1    subject  to conditions to be observed in the exercise of the privilege granted
  2    either upon application for issuance of a  license  or  upon  application  for
  3    renewal  of  a  license.  The conditions to be attached to the exercise of the
  4    privilege shall not appear on the face of the license but shall, in the  judg-
  5    ment of the department, be in the public interest and suitable to the qualifi-
  6    cations  of the applicant as disclosed by the application and investigation by
  7    the department.
  8        (9)  A nonresident dealer who is currently authorized to do  business  as,
  9    and has an established place of business as a vehicle dealer in another state,
 10    is  not  subject  to licensure under the provisions of this chapter as long as
 11    the sales are limited to the exportation of vehicles  for  sale  to,  and  the
 12    importation of vehicles purchased from, licensed Idaho vehicle dealers.

 13        SECTION  5.  That  Section 49-1608, Idaho Code, be, and the same is hereby
 14    amended to read as follows:

 15        49-1608.  LICENSE BOND. (1) Before any dealer's license shall be issued by
 16    the department to any applicant, the applicant shall procure and file with the
 17    department good and sufficient bond in the amount shown, conditioned that  the
 18    applicant  shall not practice any fraud, make any fraudulent representation or
 19    violate any of the provisions of this chapter, rules of the department, or the
 20    provisions of chapter 5, title 49, section 49-1418, or chapter  6,  title  48,
 21    Idaho  Code,  or  federal motor vehicle safety standards, or odometer fraud in
 22    the conduct of the business for which he is licensed.
 23        (a)  All dealers, including wholesale, but excluding a dealer  exclusively
 24        in  the  business of motorcycles and motor scooters, all-terrain vehicles,
 25        utility type vehicles, truck campers and snow machine sales, twenty  thou-
 26        sand dollars ($20,000).
 27        (b)  A  dealer exclusively in the business of motorcycle and motor scooter
 28        sales, all-terrain vehicles, utility type vehicles, truck campers and snow
 29        machine sales, ten thousand dollars ($10,000).
 30        (2)  The bond required in this section may be continuous in form  and  the
 31    total  aggregate  liability on the bond shall be limited to the payment of the
 32    amounts set forth in this section. The bond shall be in the following form:
 33        (a)  A corporate surety bond, by a surety licensed to do business in  this
 34        state; or
 35        (b)  A certificate of deposit, in a form prescribed by the director; or
 36        (c)  A cash deposit with the director.
 37        (3)  If  a  bond  is canceled or otherwise becomes invalid, upon receiving
 38    notice of the cancellation or invalidity,  the  department  shall  immediately
 39    suspend  the  dealer's  license and take possession of the license itself, all
 40    vehicle plates used in the business and all unused title applications  of  the
 41    licensee.  The  licensee  is  entitled to a hearing which shall be held within
 42    twenty (20) days of the suspension. Upon receiving notice that a valid bond is
 43    in force, the department shall immediately reinstate the license.
 44        (4)  The bond requirements of this  section  shall  be  satisfied  if  the
 45    applicant is a duly licensed manufactured home dealer in accordance with chap-
 46    ter  21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho
 47    Code, otherwise meets the requirements of this section. The amount of the bond
 48    shall be in the amount as required in this section or that required in section
 49    44-2103, Idaho Code, whichever is greater. The applicant shall furnish a  cer-
 50    tified  copy  of  the  bond as required in section 44-2103, Idaho Code, to the
 51    department.

 52        SECTION 6.  That Section 63-3622HH, Idaho Code, be, and the same is hereby

                                       9

  1    amended to read as follows:

  2        63-3622HH.  PRODUCTION  EXEMPTION  SHALL  NOT  APPLY  TO  SALES  REGARDING
  3    RECREATION-RELATED VEHICLES. (1) Notwithstanding any other provision of law to
  4    the contrary, the production exemption provided  in  section  63-3622D,  Idaho
  5    Code,  shall  not  apply  to  sales  of or repairs to snowmobiles, off-highway
  6    motorbikes, recreational vehicles, or motorcycles and  all  sales  of  snowmo-
  7    biles,  off-highway  motorbikes, recreational vehicles or motorcycles are sub-
  8    ject to the sales and use taxes imposed by this chapter. All repairs to  snow-
  9    mobiles, off-highway motorbikes, recreational vehicles or motorcycles are sub-
 10    ject to the sales and use taxes imposed by this chapter.
 11        (2)  As  used  in  this section, the term "snowmobile" means any self-pro-
 12    pelled vehicle under  one  thousand  (1,000)  pounds  unladened  gross  weight
 13    designed primarily for travel on snow or ice or over natural terrain which may
 14    be  steered  by tracks, skis or runners, and which is not otherwise registered
 15    or licensed under the laws of the state of Idaho.
 16        (3)  As used in this section, the term "off-highway motorbike"  means  any
 17    self-propelled  two (2), three (3), four (4) or five (5) wheeled motorcycle or
 18    motor-driven cycle, excluding tractor, designed for or  capable  of  traveling
 19    off developed roadways and highways and also referred to as trailbikes, enduro
 20    bikes, trail bikes, motorcross bikes or dual purpose motorcycles.
 21        (4)  As  used  in  this  section,  the term "recreational vehicle" means a
 22    motor home, travel trailer, truck camper or camping trailer, with  or  without
 23    motive  power,  designed  for  human  habitation for recreational or emergency
 24    occupancy. The term recreational  vehicle  shall  not  include  pickup  hoods,
 25    shells,  or  canopies  designed,  created  or modified for occupational usage.
 26    School buses or van type vehicles which are converted to recreational use, are
 27    defined as recreational vehicles. Specific classes  of  recreational  vehicles
 28    are defined as follows:
 29        (a)  The term "motor home" shall mean a vehicular unit designed to provide
 30        temporary  living  quarters, built into an integral part of or permanently
 31        attached to a self-propelled motor vehicle chassis. The vehicle must  con-
 32        tain permanently installed independent life support systems which meet the
 33        aAmerican  national  standards institute (ANSI) A119.7 standard for recre-
 34        ational vehicles, and provide at least four (4) of the  following  facili-
 35        ties:  cooking,  refrigeration  or  ice box icebox, self-contained toilet,
 36        heating and/or air conditioning, a portable water supply system, including
 37        a faucet and sink, separate 110-125 volt electrical  power  supply  and/or
 38        LP-gas supply.
 39        (b)  The  term  "travel  trailer"  shall mean a vehicular unit, mounted on
 40        wheels designed to provide temporary  living  quarters  for  recreational,
 41        camping,  travel  or  emergency  use  and of such size or weight as not to
 42        require special highway movement permits when towed by a  motorized  vehi-
 43        cle.
 44        (c)  The  term  "fifth wheel trailer" shall mean a vehicular unit equipped
 45        in the same manner as a travel trailer but constructed with a raised  for-
 46        ward  section that allows a bi-level floor plan. This style is designed to
 47        be towed by a vehicle equipped with a device known as a fifth-wheel hitch,
 48        which is typically installed in the bed of a pickup truck.
 49        (d)  The term "park trailer" shall mean a trailer designed to be towed  by
 50        a  motorized vehicle, and of such size and weight as not to require a spe-
 51        cial highway movement permit. It is designed  for  seasonal  or  temporary
 52        living  quarters and may be connected to utilities necessary for operation
 53        of installed fixtures and appliances. It  is built on a  single  permanent
 54        chassis  and  constructed  to  permit  set  up  by persons without special

                                       10

  1        skills.
  2        (e)  The term "fold down camping trailer" shall mean a vehicular  portable
  3        unit  mounted  on  wheels  and  constructed  with collapsible partial side
  4        walls, which fold for towing by another vehicle and unfold at the campsite
  5        to provide temporary living quarters, for recreational, camping or  travel
  6        use.
  7        (f)  The  term  "truck  camper"  shall mean a portable unit constructed to
  8        provide temporary living quarters for recreational, travel or camping use,
  9        consisting of a roof, floor, and sides, designed to  be  loaded  onto  and
 10        unloaded  from  the bed of a pickup truck, and containing at least one (1)
 11        of the following facilities: stove; refrigerator or icebox; self-contained
 12        toilet; heater or air conditioner; potable water supply including a faucet
 13        and sink; separate 110-125 volt electrical power supply; or LP-gas supply.
 14        (5)  As used in this section, the  term  "motorcycle"  means  every  motor
 15    vehicle  having  a  seat  or  saddle  for the use of the rider and designed to
 16    travel on not more than three (3) wheels  in  contact  with  the  ground,  but
 17    excluding  a  tractor.  A  motorcycle also is every motor scooter or motorized
 18    bicycle having an engine with less than one hundred fifty (150) cubic centime-
 19    ters displacement or with five (5) brake horsepower or less.
 20        (6)  As used in this section, the term "repairs" shall  include  only  the
 21    costs  of  parts,  but  not  labor,  utilized  on  the snowmobile, off-highway
 22    motorbike, recreational vehicle or motorcycle.

 23        SECTION 7.  This act shall be in full force and effect on and after  Janu-
 24    ary 1, 2009.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE

                                RS 17694

This proposal will require the titling of pickup-mounted campers which meet 
the same requirements as recreational vehicles, and are at least 6 feet overall 
length and contain at least one facility as listed in this proposed legislation.  
This allows for easy identification of ownership on pickup campers.  It allows 
for easier lien filings on titles from financial institutions and dealers, and 
allows dealers to more easily finance and file ownership documents for customers.  
Owners would have an official certificate of title/ownership. This proposal will 
require that pickup camper dealers also be licensed.  The proposal provides for 
the requirement on and after January 1, 2009, with optional title filings for
pickup campers acquired before such date.                             



                              FISCAL NOTE

Annually, approximately $20,000 in additional revenue is expected from the title 
fees of an estimated 4,000 truck camper filings.  This figure is based on the 
retention of $5 from each $8 title fee that is retained by the department.  
One-time costs for programming fees are estimated at $4,680.



                                          
Contact
Name:     Trent Wright   
Agency:   Idaho Automobile Dealers Association
Phone:    208-853-4668
  
Contact
Name:     Wilke Meyers   
Agency:   Idaho State Independent Automobile Dealers Association
Phone:    208-463-7709
  
  
  

Statement of Purpose/Fiscal Impact                                    H 440