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HOUSE BILL NO. 718

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H0718................................by JUDICIARY, RULES AND ADMINISTRATION
SNOWMOBILES - DRIVING UNDER THE INFLUENCE - Amends and adds to existing law
to provide that operating a snowmobile while under the influence of
alcohol, drugs and other intoxicating substance is punishable in the same
manner as operation of a motor vehicle while under the influence.

02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to Jud

Bill Text

H0718


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 718

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO OPERATION OF A SNOWMOBILE; AMENDING SECTION 67-7110,  IDAHO  CODE,
 3        TO STRIKE REFERENCE TO RESTRICTION UPON OPERATING A SNOWMOBILE WHILE UNDER
 4        THE  INFLUENCE OF INTOXICATING LIQUOR OR NARCOTICS OR HABIT-FORMING DRUGS;
 5        AND AMENDING CHAPTER 71, TITLE 67, IDAHO CODE, BY THE ADDITION  OF  A  NEW
 6        SECTION  67-7114,  IDAHO  CODE,  TO PROVIDE THAT OPERATION OF A SNOWMOBILE
 7        WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS  OR  OTHER  INTOXICATING  SUB-
 8        STANCE IS UNLAWFUL AND TO PROVIDE FOR ENFORCEMENT AND PENALTIES.

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

10        SECTION  1.  That  Section 67-7110, Idaho Code, be, and the same is hereby
11    amended to read as follows:

12        67-7110.  RESTRICTIONS. It shall be unlawful for any person  to  drive  or
13    operate any snowmobile:
14        (1)  At  a  rate  of  speed  greater than reasonable and prudent under the
15    existing conditions.
16        (2)   While under the influence of intoxicating liquor  or  narcotics
17    or habit-forming drugs.
18        (3)   In a negligent manner so as to endanger the person or property
19    of  another,  or  to  cause injury or damage to either, or to harass, chase or
20    annoy any wild game animals or birds or domestic animals.
21        ( 4  3 )  Without a lighted headlight and  taillight
22    between  the hours of dusk and dawn, or when upon or crossing any public road-
23    way or highway, or when otherwise required for the safety of others.
24        ( 5  4 )  Without an adequate braking  device  which
25    may be operated by either hand or foot.
26        (  6   5 )  Without an adequate muffler, except when
27    used in conjunction with public racing events.
28        ( 7  6 )  Upon a public roadway or highway without a
29    valid motor vehicle operator's license, unless the public roadway  or  highway
30    is closed to other motor vehicle travel.

31        SECTION  2.  That  Chapter  71,  Title 67, Idaho Code, be, and the same is
32    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
33    known and designated as Section 67-7114, Idaho Code, and to read as follows:

34        67-7114.  OPERATION  UNDER  THE  INFLUENCE  OF ALCOHOL, DRUGS OR ANY OTHER
35    INTOXICATING SUBSTANCE.  It is unlawful for any person who is under the influ-
36    ence of alcohol, drugs or any other intoxicating  substance,  or  who  has  an
37    alcohol  concentration  of  0.08  or  more, as shown by analysis of his blood,
38    urine, or breath, to drive or be in actual physical control  of  a  snowmobile
39    within  this  state.  Procedure for enforcement and penalties for violation of
40    this section shall conform to enforcement and penalties as  provided  for  the
41    operation  of  a  motor vehicle while under the influence of alcohol, drugs or


                                          2

 1    any other intoxicating substance as if the snowmobile were a motor vehicle.

Statement of Purpose / Fiscal Impact

    





                           STATEMENT OF PURPOSE
    
                                 RS 07630
    
    The purpose of this legislation is to increase the penalty for 
    operating a snowmobile while under the influence of intoxicating 
    liquor or narcotics or habit-forming drugs.
    
    FISCAL 
    NOTE
    
    None.
    
                    CONTACT: Representative Jim Clark
                              (208) 332-1000
    
                    STATEMENT OF PURPOSE/ FISCAL NOTE
    
    H 718