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H0636aa.........................................................by BUSINESS
TRUCK CAMPERS - TITLES - Amends existing law to require that truck campers
manufactured in 1999 and later shall be required to be titled for all
transfers of ownership, to further define truck camper and to clarify that
truck campers need not be registered to be issued a recreational vehicle
annual license.
02/06 House intro - 1st rdg - to printing
02/09 Rpt prt - to Transp
02/23 Rpt out - to Gen Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/05 3rd rdg as amen - PASSED - 48-21-1
AYES -- Barraclough, Bieter, Bivens, Black(15), Black(23), Boe,
Bruneel, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Hadley, Henbest, Hornbeck, Jaquet,
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kjellander, Kunz,
Linford, Mader, Marley, Meyer, Miller, Mortensen, Pomeroy, Reynolds,
Richman, Robison, Schaefer, Stone, Stubbs, Taylor, Tilman, Trail,
Watson, Zimmermann, Mr Speaker
NAYS -- Alltus, Barrett, Bell, Callister, Geddes, Gould, Hansen,
Jones(9), Kendell, Lake, Loertscher, McKague, Newcomb, Pischner,
Ridinger, Sali, Stevenson, Stoicheff, Tippets, Wheeler, Wood
Absent and excused -- Gagner,
Floor Sponsors - Stubbs, Bivens
Title apvd - to Senate
03/06 Senate intro - 1st rdg as amen - to Transp
H0636|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 636, As Amended BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO MOTOR VEHICLES; AMENDING SECTION 39-4201, IDAHO CODE, TO FURTHER 3 DEFINE "RECREATIONAL VEHICLE" AND "TRUCK CAMPER" AND TO MAKE TECHNICAL 4 CORRECTIONS; AMENDING SECTION 49-121, IDAHO CODE, TO FURTHER DEFINE "TRUCK 5 CAMPER" AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-444, IDAHO 6 CODE, TO REQUIRE TITLING BUT NOT REGISTRATION OF TRUCK CAMPERS; AMENDING 7 SECTION 49-501, IDAHO CODE, TO REQUIRE TITLING OF TRUCK CAMPERS MANUFAC- 8 TURED AFTER A CERTAIN DATE FOR PURPOSES OF TRANSFER OF OWNERSHIP, TO PRO- 9 VIDE ISSUANCE OF A RECREATIONAL VEHICLE ANNUAL LICENSE AND TO MAKE TECHNI- 10 CAL CORRECTIONS; AMENDING SECTION 49-1606, IDAHO CODE, TO PROVIDE THAT A 11 DEALER'S LICENSE SHALL PERMIT THE LICENSEE TO SELL OR EXCHANGE NEW AND 12 USED TRUCK CAMPERS; AND AMENDING SECTION 63-3622HH, IDAHO CODE, TO FURTHER 13 DEFINE "TRUCK CAMPER" AND TO MAKE TECHNICAL CORRECTIONS. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 39-4201, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 39-4201. DEFINITIONS. As used in this chapter: 18 (1) "Park trailer" means a park trailer as defined in the American 19 National Standards Institute (ANSI) A119.5 Standard for Park Trailers. 20 (2) "Recreational vehicle" means a vehicular type unit primarily designed 21 as temporary living quarters for recreational, camping, or travel use, which 22 either has its own motive power or is mounted on or drawn by another vehicle. 23 The entities are: travel trailer, camping trailer, truck camper, fifth-wheel 24 trailer, and motor home. It does not include pickup hoods, shells or 25 canopies designed, created or modified for occupational usage. 26 (a) "Camping trailer" means a vehicular portable unit mounted on wheels 27 and constructed with collapsible partial side walls which fold for towing 28 by another vehicle and unfold at the campsite to provide temporary living 29 quarters for recreational, camping or travel use. 30 (b) "Fifth - wheel trailer" means a vehicular unit, mounted on 31 wheels, designed to provide temporary living quarters for recreational, 32 camping or travel use, of such size or weight as not to require special 33 highway movement permit(s), of gross trailer area not to exceed four hun- 34 dred (400) square feet in theset upsetup mode, 35 and designed to be towed by a motorized vehicle that contains a towing 36 mechanism that is mounted above or forward of the tow vehicle's rear axle. 37 (c) "Motor home" means a vehicular unit designed to provide temporary 38 living quarters for recreational, camping or travel use built on or perma- 39 nently attached to a self-propelled motor vehicle chassis or on a chassis 40 cab or van which is an integral part of the completed vehicle. 41 (d) "Travel trailer" means a vehicular unit, mounted on wheels, designed 42 to provide temporary living quarters for recreational, camping or travel 43 use, of such size or weight as not to require special highway movement 2 1 permits when towed by a motorized vehicle, and of gross trailer area less 2 than three hundred twenty (320) square feet. 3 (e) "Truck camper" means a portable unit constructed to provide temporary 4 living quarters for recreational, camping or travel use, consisting of a 5 roof, floor and sides, designed with a minimum extension of thirty- 6 six (36) inches extending over the cab of a pickup truck, and 7 designed to be loaded onto and unloaded from the bed of a pickup truck. 8 SECTION 2. That Section 49-121, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 49-121. DEFINITIONS -- T. 11 (1) "Temporary supplemental lot" means a location other than the princi- 12 pal place of business, or supplemental lot within the same or adjacent county 13 as the principal place of business, or where a licensed dealer may secure a 14 license to conduct the business and is licensed for a period of time not to 15 exceed ten (10) days for a specific purpose such as auto shows, auctions, 16 shopping center promotions, tent sales, etc. Temporary supplemental lots shall 17 meet all local zoning and building codes for the type of business being con- 18 ducted. The requirements for a principal place of business shall not be appli- 19 cable to temporary supplemental lot locations. 20 (2) "Tires" mean s : 21 (a) Metal. Every tire the surface of which in contact with the highway is 22 wholly or partly of metal or other hard, nonresilient material. 23 (b) Pneumatic. Every tire in which compressed air is designed to support 24 the load. 25 (c) Snow tire. Every rubber tire with tread design or material embedded 26 in the tire to improve winter traction except studded tires. 27 (d) Solid rubber. Every tire of rubber or other resilient material which 28 does not depend upon compressed air for the support of the load. 29 (e) Studded tire. Every tire with built-in lugs of tungsten carbide or 30 other suitable material designed to contact the road surface for improved 31 winter traction. 32 (3) "Traffic" means pedestrians, ridden or herded animals, vehicles, 33 streetcars and other conveyances either singly or together while using any 34 highway for purposes of travel. 35 (4) "Traffic lane" or "lane of travel" means that portion of the roadway 36 for movement of a single line of vehicles. 37 (5) "Traffic-control device" means any device, whether manually, electri- 38 cally or mechanically operated, placed or erected by authority of a public 39 body or official having jurisdiction, for the purpose of regulating, warning 40 or guiding traffic. 41 (6) "Trailer" means: 42 (a) General. Every vehicle without motive power designed for carrying 43 persons or property and for being drawn by a motor vehicle and so con- 44 structed that no part of its weight rests upon the towing vehicle. 45 (b) Fifth-wheel trailer. A vehicular unit equipped in the same manner as 46 a travel trailer but constructed with a raised forward section that allows 47 a bi-level floor plan. This style is designed to be towed by a vehicle 48 equipped with a device known as a fifth-wheel hitch, which is typically 49 installed in the bed of a pickup truck. 50 (c) Fold - down camping trailer. A vehicular portable unit 51 mounted on wheels and constructed with collapsible partial side walls, 52 which fold for towing by another vehicle and unfold at the campsite to 53 provide temporary living quarters, for recreational, camping or travel 3 1 use. 2 (d) Park trailer. A trailer designed to be towed by a motorized vehicle, 3 and of such size and weight as not to require a special highway movement 4 permit. It is designed for seasonal or temporary living quarters and may 5 be connected to utilities necessary for operation of installed fixtures 6 and appliances. It is built on a single permanent chassis and constructed 7 to permitset upsetup by persons without spe- 8 cial skills. 9 (e) Pole trailer. Every vehicle without motive power designed to be drawn 10 by another vehicle and attached to the towing vehicle by means of a reach 11 or pole or by being boomed or otherwise secured to the towing vehicle, and 12 ordinarily used for transporting long or irregularly shaped loads such as 13 poles, pipes, or structural members capable, generally, of sustaining 14 themselves as beams between the supporting connections. 15 (f) Semitrailer. Every vehicle without motive power, designed for carry- 16 ing persons or property and for being drawn by a motor vehicle and so con- 17 structed that some part of its weight and that of its load rests upon or 18 is carried by the towing vehicle. 19 (g) Travel trailer. A vehicular unit, mounted on wheels designed to pro- 20 vide temporary living quarters for recreational, camping, travel or emer- 21 gency use and of such size or weight as not to require special highway 22 movement permits when towed by a motorized vehicle. 23 (h) Utility trailer. (See "Utility Trailer", " 24 section 49-122, Idaho Code) 25 (7) "Transportation", " for the purposes of 26 chapter 22 ,of thistitle 49, Idaho Code 27 , means the movement of any regulated quantity of hazardous material or 28 hazardous waste within, through, or to any destination in this state upon the 29 highways of this state. 30 (8) "Transporter" means every person engaged in the business of deliver- 31 ing vehicles of a type required to be registered from a manufacturing, assem- 32 bling or distributing plant to dealers or sales agents of a manufacturer, 33 except in chapter 22, title 49, Idaho Code, where it means any 34 person who transports a hazardous material or hazardous waste within, through, 35 or to any destination upon the highways of this state. 36 (9) "Truck" means: 37 (a) Refuse/sanitation. Any vehicle designed and used solely for the pur- 38 pose of transporting refuse. 39 (b) General. Every motor vehicle exceeding eight thousand (8,000) pounds 40 gross weight designed, used or maintained primarily for the transportation 41 of property. 42 (c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross 43 weight or less which is designed, used or maintained primarily for the 44 transportation of property. 45 (d) Truck camper. A portable unit constructed to provide temporary living 46 quarters for recreational, travel or camping use, consisting of a roof, 47 floor, and sides, designed with a minimum extension of thirty-six 48 (36) inches extending over the cab of a pickup truck, and designed 49 to be loaded onto and unloaded from the bed of a pickup truck. It 50 does not include pickup hoods, shells or canopies designed, created or 51 modified for occupational usage. 52 (e) Truck tractor. Every motor vehicle designed and used primarily for 53 drawing other vehicles but not so constructed as to carry a load other 54 than a part of the weight of the vehicle and load so drawn. 55 (10) "True mileage driven" means the mileage of the vehicle as registered 4 1 by the odometer within the manufacturer's designed tolerance. 2 SECTION 3. That Section 49-444, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 49-444. RECREATION VEHICLE REGISTRATION. Recreational vehicles shall be 5 registered as provided in this chapter before a county assessor can issue a 6 recreational vehicle annual license as provided in sections 49-445 through 7 49-448, Idaho Code.Truck campersBeginning on January 1, 8 1999, truck campers shall be titled in accordance with the provisions of chap- 9 ter 5, title 49, Idaho Code, but need not be registered before the 10 county assessor can issue a recreational vehicle annual license. 11 SECTION 4. That Section 49-501, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 49-501. APPLICATION TO CERTAIN VEHICLES -- EXEMPTIONS. (1) 14 The provisions of this chapter shall apply exclusively to every vehi- 15 cle required to be registered with the department in chapter 4, title 49, 16 Idaho Code, and optionally to all - terrain vehicles, motorbikes, 17 and snowmobiles as defined in section 67-7101, Idaho Code, beginning on Janu- 18 ary 1, 1990, and becoming mandatory on January 1, 1991, for all transfers of 19 ownership, except that the board may, by rules and regulations, 20 exempt vehicle and motor vehicle registrations under provisions ofsub-21section (3) of section 49-441 andsections 49-434 and 49-435, Idaho 22 Code, from the titling requirements of this chapter. 23 (2) Trailers whose unladen weight is less than two thousand 24 (2,000) pounds, vehicles owned by the federal government, and vehicles exempt 25 from registration under the provisions of section 49-426, Idaho Code, are 26 exempt from the provisions of this chapter. 27 (3) On and after January 1, 1999, truck campers as defined in sec- 28 tions 39-4201, 49-121 and 63-3622HH, Idaho Code, and referenced as recre- 29 ational vehicles in section 49-119, Idaho Code, manufactured starting in the 30 year 1999 and newer, shall be subject to the titling provisions of this chap- 31 ter for all transfers of ownership and optionally to all other truck campers 32 of a model year prior to 1999. Once titled, the truck camper shall remain sub- 33 ject to titling requirements. Truck campers shall be issued a recreational 34 vehicle annual license as provided in sections 49-444 through 49-448, Idaho 35 Code. However, owners shall not be required to register truck campers. 36 SECTION 5. That Section 49-1606, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 49-1606. CLASSES OF LICENSES -- NONRESIDENT DEALERS. Licenses issued 39 under the provisions of this chapter shall be as follows: 40 (1) A dealer's license shall permit the licensee to engage in the busi- 41 ness of selling or exchanging new and used vehicles, new and used motorcycles 42 and motor scooters, new and used all-terrain vehicles, snow machines and 43 travel trailers,andnew and used motor homes , and new and 44 used truck campers . This form of license shall permit licensees who are 45 owners or part owners of the business of the licensee to act as vehicle sales- 46 men. 47 (2) A vehicle salesman's license shall permit the licensee to engage in 48 the activities of a vehicle salesman. 49 (3) A wholesale dealer's license shall permit the licensee to engage in 5 1 the business of wholesaling used vehicles to Idaho vehicle dealers. The holder 2 of this license must meet all the requirements for a principal place of busi- 3 ness, except for the requirement of display area and adequate room to repair 4 vehicles. 5 (4) A vehicle manufacturer's license shall permit the licensee to engage 6 in the business of constructing or assembling vehicles, of the type subject to 7 registration under this title at an established place of business within 8 Idaho. 9 (5) A distributor, factory branch, or distributor branch license shall 10 permit the licensee to engage in the business of selling and distributing 11 vehicles, parts, and accessories to their franchised dealers. 12 (6) A representative (factory branch or distributor, etc.) license shall 13 permit the licensee to engage in the business of contacting his respective 14 authorized dealers, for the purpose of making or promoting the sale of his, 15 its, or their vehicles, parts, and accessories. 16 (7) Pending the satisfaction of the department that the applicant has met 17 the requirements for licensure, it may issue a temporary permit to any appli- 18 cant for a license. A temporary permit shall not exceed a period of ninety 19 (90) days while the department is completing its investigation and determina- 20 tion of facts relative to the qualifications of the applicant for a license. A 21 temporary permit shall terminate when the applicant's license has been issued 22 or refused. 23 (8) The department may issue a probationary vehicle salesman's license, 24 subject to conditions to be observed in the exercise of the privilege granted 25 either upon application for issuance of a license or upon application for 26 renewal of a license. The conditions to be attached to the exercise of the 27 privilege shall not appear on the face of the license but shall, in the judg- 28 ment of the department, be in the public interest and suitable to the qualifi- 29 cations of the applicant as disclosed by the application and investigation by 30 the department. 31 (9) A nonresident dealer who is currently authorized to do business as, 32 and has an established place of business as a vehicle dealer in another state, 33 is not subject to licensure under the provisions of this chapter as long as 34 the sales are limited to the exportation of vehicles for sale to, and the 35 importation of vehicles purchased from, licensed Idaho vehicle dealers. 36 SECTION 6. That Section 63-3622HH, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 63-3622HH. PRODUCTION EXEMPTION SHALL NOT APPLY TO SALES REGARDING 39 RECREATION-RELATED VEHICLES. (1) Notwithstanding any other provision of law to 40 the contrary, the production exemption provided in section 63-3622D, Idaho 41 Code, shall not apply to sales of or repairs to snowmobiles, off-highway 42 motorbikes, recreational vehicles, or motorcycles and all sales of snowmo- 43 biles, off-highway motorbikes, recreational vehicles or motorcycles are sub- 44 ject to the sales and use taxes imposed by this chapter. All repairs to snow- 45 mobiles, off-highway motorbikes, recreational vehicles or motorcycles are sub- 46 ject to the sales and use taxes imposed by this chapter. 47 (2) As used in this section, the term "snowmobile" means any self-pro- 48 pelled vehicle under one thousand (1,000) pounds unladened gross weight 49 designed primarily for travel on snow or ice or over natural terrain which may 50 be steered by tracks, skis or runners, and which is not otherwise registered 51 or licensed under the laws of the state of Idaho. 52 (3) As used in this section, the term "off-highway motorbike" means any 53 self-propelled two (2), three (3), four (4) or five (5) wheeled motorcycle or 6 1 motor-driven cycle, excluding tractor, designed for or capable of traveling 2 off developed roadways and highways and also referred to as trailbikes, enduro 3 bikes, trail bikes, motorcross bikes or dual - purpose motorcycles. 4 (4) As used in this section, the term "recreational vehicle" means a 5 motor home, travel trailer, truck camper or camping trailer, with or without 6 motive power, designed for human habitation for recreational or emergency 7 occupancy. The term recreational vehicle shall not include pickup hoods, 8 shells, or canopies designed, created or modified for occupational usage. 9 School buses or van - type vehicles which are converted to recre- 10 ational use, are defined as recreational vehicles. Specific classes of recre- 11 ational vehicles are defined as follows: 12 (a) The term "motor home" shall mean a vehicular unit designed to provide 13 temporary living quarters, built into an integral part of or permanently 14 attach ed to a self-propelled motor vehicle chassis. The vehi- 15 cle must contain permanently installed independent life - 16 support systems which meet the american national standards institute 17 (ANSI) A119.7 standard for recreational vehicles, and provide at least 18 four (4) of the following facilities: cooking, refrigeration or ice box, 19 self-contained toilet, heating and/or air conditioning, a portable water 20 supply system, including a faucet and sink, separate 110-125 volt electri- 21 cal power supply and/or LP-gas supply. 22 (b) The term "travel trailer" shall mean a vehicular unit, mounted on 23 wheels designed to provide temporary living quarters for recreational, 24 camping, travel or emergency use and of such size or weight as not to 25 require special highway movement permits when towed by a motorized vehi- 26 cle. 27 (c) The term "fifth - wheel trailer" shall mean a vehicular 28 unit equipped in the same manner as a travel trailer but constructed with 29 a raised forward section that allows a bi-level floor plan. This style is 30 designed to be towed by a vehicle equipped with a device known as a fifth- 31 wheel hitch, which is typically installed in the bed of a pickup truck. 32 (d) The term "park trailer" shall mean a trailer designed to be towed by 33 a motorized vehicle, and of such size and weight as not to require a spe- 34 cial highway movement permit. It is designed for seasonal or temporary 35 living quarters and may be connected to utilities necessary for operation 36 of installed fixtures and appliances. It is built on a single permanent 37 chassis and constructed to permitset upsetup 38 by persons without special skills. 39 (e) The term "fold - down camping trailer" shall mean a vehic- 40 ular portable unit mounted on wheels and constructed with collapsible par- 41 tial side walls, which fold for towing by another vehicle and unfold at 42 the campsite to provide temporary living quarters, for recreational, camp- 43 ing or travel use. 44 (f) The term "truck camper" shall mean a portable unit constructed to 45 provide temporary living quarters for recreational, travel or camping use, 46 consisting of a roof, floor, and sides, designed with a minimum 47 extension of thirty-six (36) inches extending over the cab of a pickup 48 truck, and designed to be loaded onto and unloaded from the bed of 49 a pickup truck. 50 (5) As used in this section, the term "motorcycle" means every motor 51 vehicle having a seat or saddle for the use of the rider and designed to 52 travel on not more than three (3) wheels in contact with the ground, but 53 excluding a tractor. A motorcycle also is every motor scooter or motorized 54 bicycle having an engine with less than one hundred fifty (150) cubic centime- 55 ters displacement or with five (5) brake horsepower or less. 7 1 (6) As used in this section, the term "repairs" shall include only the 2 costs of parts, but not labor, utilized on the snowmobile, off-highway 3 motorbike, recreational vehicle or motorcycle.
STATEMENT OF PURPOSE
RS 07470
Truck campers in Idaho are not presently titled. This legislation will
require a title on all sales of truck campers sold after July 1, 1998.
Certain campers are required to be titled; others are optional.
FISCAL NOTE
The Department of Transportation estimates 8,500 slide-in campers could be
titled, optionally, and 400 new campers are sold each year which would
require titling.
The Department predicts a $10,000 positive fiscal impact from increased
dealer licensing fees from 80 to 90 dealers and additional revenues combined
with vessel title fees as much as $228,000 per year, $142,500 of which would
be deposited in the state highway account and $85,500 in county current
expense funds.
Two new title examiners may be needed by fiscal year 2001 if the
volume of titles goes up an average of 15,000 titles per year. New computer
programming may cost between $17,000 and $25,800.
Contact: Rep. Mark Stubbs (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
H 636