1999 Legislation
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HOUSE BILL NO. 55, As Amended, As Amended in the Senate – Snowmobiles/ATV, operation, DUI

HOUSE BILL NO. 55, As Amended, As Amended in the Senate

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H0055aa,aaS........................................................by CLARK
SNOWMOBILES - ALL-TERRAIN VEHICLES - Amends and adds to existing law to
provide that operators of snowmobiles and all-terrain vehicles, when on a
public roadway, highway or off-road, while under the influence of alcohol,
drugs or other intoxicating substance shall be guilty of a misdemeanor.

01/11    House intro - 1st rdg - to printing
01/11    Rpt prt - to Jud
03/02    Rpt out - to Gen Ord
03/04    Rpt out amen - to engros
03/05    Rpt engros - 1st rdg - to 2nd rdg as amen
03/08    2nd rdg - to 3rd rdg as amen
03/09    3rd rdg as amen - PASSED - 53-16-1
      AYES -- Barraclough(Barraclough), Bell, Bieter, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Clark, Cuddy, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Gould, Hammond, Hansen(23), Hansen(29),
      Henbest, Jaquet, Jones, Judd, Kellogg, Kempton, Lake, Limbaugh,
      Linford, Loertscher, Mader, Marley, Montgomery, Mortensen, Moyle,
      Pischner, Pomeroy, Reynolds, Ringo, Robison, Sellman, Smith, Smylie,
      Stevenson, Stoicheff, Stone, Taylor, Watson, Wheeler, Williams,
      Zimmermann, Mr Speaker
      NAYS -- Alltus, Barrett, Crow, Geddes, Hadley, Hornbeck, Kendell,
      Kunz, McKague, Meyer, Ridinger, Sali, Schaefer, Tilman, Tippets, Wood
      Absent and excused -- Trail
    Floor Sponsor - Clark
    Title apvd - to Senate
03/10    Senate intro - 1st rdg as amen - to Jud
03/15    Rpt out - rec d/p - to 2nd rdg as amen
03/16    2nd rdg - to 3rd rdg as amen
03/17    To 14th Ord
    Rpt out amen - 1st rdg - to 2nd rdg as amen
03/18    2nd rdg - to 3rd rdg as amen
    Rules susp - PASSED - 26-8-1
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Crow, Darrington,
      Davis, Deide, Dunklin, Geddes, Ingram, Ipsen, Keough, King, Lee,
      McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Stegner,
      Thorne, Twiggs, Wheeler
      NAYS--Branch, Cameron, Danielson, Frasure, Hawkins, Sorensen,
      Stennett, Whitworth
      Absent and excused--Parry
    Floor Sponsor - Davis
    Title apvd - to House
03/18    House concurred in Senate amens - to engros
03/19    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rules susp - PASSED - 58-4-8
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Bruneel, Callister,
      Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Field(13),
      Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Kunz, Lake, Limbaugh, Loertscher, Marley, McKague,
      Montgomery, Moyle, Pischner, Pomeroy, Reynolds, Ringo, Robison, Sali,
      Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tippets,
      Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Barrett, Meyer(Duncan), Ridinger, Schaefer
      Absent and excused -- Boe, Ellsworth, Linford, Mader, Mortensen,
      Tilman, Trail, Williams
    Floor Sponsor - Clark
    Title apvd - to enrol
03/19    Rpt enrol - Sp signed - Pres signed
03/23    To Governor
03/25    Governor signed
         Session Law Chapter 359
         Effective: 07/01/99

Bill Text


H0055


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                 HOUSE BILL NO. 55, As Amended, As Amended in the Senate

                                         BY CLARK

 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 OR
 7        ALL-TERRAIN VEHICLE UNDER THE INFLUENCE OF ALCOHOL,  DRUGS  OR  ANY  OTHER
 8        INTOXICATING SUBSTANCE IN CERTAIN PLACES SHALL BE A MISDEMEANOR.

 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
19    property of another, or to cause injury or damage to  either,  or  to  harass,
20    chase or 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.  Any person driving or operating a snowmobile or all-
36    terrain vehicle under the influence of alcohol, drugs or any other  intoxicat-
37    ing  substance  on a public roadway or highway, as authorized in this chapter,
38    or off-road shall be guilty of a misdemeanor.

Amendment


AH0055


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                       Moved by     Clark                

                                       Seconded by  Gould                


                             IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 55

 1                                AMENDMENT TO SECTION 2
 2        On page 1 of the printed bill, in line 38, following "snowmobiles" insert:
 3    "or all-terrain vehicles".

 4                                 CORRECTION TO TITLE
 5        On page 1, in line 6, following "SNOWMOBILE" insert: "OR ALL-TERRAIN VEHI-
 6    CLE".
                                       Moved by     King                 

                                       Seconded by  Keough               


                                      IN THE SENATE
                       SENATE AMENDMENT TO H.B. NO. 55, As Amended

 7                                AMENDMENT TO SECTION 2
 8        On page 1 of the engrossed bill, delete lines 36 through  40  and  insert:
 9    "INTOXICATING  SUBSTANCE. Any person driving or operating a snowmobile or all-
10    terrain vehicle under the influence of alcohol, drugs or any other  intoxicat-
11    ing  substance  on a public roadway or highway, as authorized in this chapter,
12    or off-road shall be guilty of a misdemeanor.".

13                                 CORRECTION TO TITLE
14        On page 1, delete lines 7 through 9 and insert: "ALL-TERRAIN VEHICLE UNDER
15    THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCE IN CERTAIN
16    PLACES SHALL BE A MISDEMEANOR.".
                                       Moved by     King                 

                                       Seconded by  Keough               


                                      IN THE SENATE
                       SENATE AMENDMENT TO H.B. NO. 55, As Amended

17                                AMENDMENT TO SECTION 2
18        On page 1 of the engrossed bill, delete lines 36 through  40  and  insert:
19    "INTOXICATING  SUBSTANCE. Any person driving or operating a snowmobile or all-
20    terrain vehicle under the influence of alcohol, drugs or any other  intoxicat-
21    ing  substance  on a public roadway or highway, as authorized in this chapter,
22    or off-road shall be guilty of a misdemeanor.".

23                                 CORRECTION TO TITLE
24        On page 1, delete lines 7 through 9 and insert: "ALL-TERRAIN VEHICLE UNDER
25    THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCE IN CERTAIN

                                ]]]

                                         2

 1    PLACES SHALL BE A MISDEMEANOR.".

Statement of Purpose / Fiscal Impact


            REPRINT - REPRINT -  REPRINT -  REPRINT - REPRINT

                           STATEMENT OF PURPOSE
                                 RS 08486
The purpose of this legislation is to make The penalty for operating a
snowmobile or all-terrain vehicle while under the influence of
intoxicating liquor or narcotics or other intoxicating substance
consistent with the same acts committed while operating a motor vehicle.
                                FISCAL NOTE
The fiscal impact would be an increase in fines and penalties collected,
balanced against the costs of enforcement.

CONTACT: Representative Jim Clark
                (208)332-1000
        
                                    STATEMENT OF PURPOSE/FISCAL NOTE     Bill No. H 55aa