Print Friendly SENATE BILL NO. 1032 – Campers, truck, titling
SENATE BILL NO. 1032
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TRUCK CAMPERS - TITLES - Amends existing law to provide that truck campers
manufactured in 2000 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
01/22 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Transp
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/23 3rd rdg - to 14th Ord
03/04 Rpt out w/o amen
03/08 PASSED - 29-1-5
AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
Absent and excused--Burtenshaw, Noh, Parry, Richardson, Twiggs
Floor Sponsor - Frasure
Title apvd - to House
03/09 House intro - 1st rdg - to Transp
03/17 Rpt out - rec d/p - to 2nd rdg
03/18 2nd rdg - to 3rd rdg
03/19 3rd rdg - FAILED - 20-47-3
AYES -- Bieter, Boe, Cuddy, Field(20), Hadley, Hansen(29), Jones,
Judd, Kellogg, Kempton, Kunz, Meyer(Duncan), Montgomery, Pomeroy,
Ringo, Robison, Sellman, Stone, Trail, Zimmermann
NAYS -- Alltus, Barraclough, Barrett, Bell, Black, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Deal, Denney, Ellsworth,
Field(13), Gagner, Geddes, Gould, Hammond, Hansen(23), Henbest,
Hornbeck, Jaquet, Kendell, Lake, Limbaugh, Linford, Loertscher,
Mader, Marley, McKague, Mortensen, Moyle, Pischner, Reynolds,
Ridinger, Sali, Schaefer, Smith, Smylie, Stevenson, Stoicheff,
Taylor, Watson, Wheeler, Wood, Mr Speaker
Absent and excused -- Tilman, Tippets, Williams
Floor Sponsor - Ringo
Filed with Secretary of the Senate
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE SENATE
SENATE BILL NO. 1032
BY TRANSPORTATION 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 the set up setup 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
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, 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" means:
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.
44 (b) Fifth-wheel trailer. A vehicular unit equipped in the same manner as
45 a travel trailer but constructed with a raised forward section that allows
46 a bi-level floor plan. This style is designed to be towed by a vehicle
47 equipped with a device known as a fifth-wheel hitch, which is typically
48 installed in the bed of a pickup truck.
49 (c) Fold - down camping trailer. A vehicular portable unit
50 mounted on wheels and constructed with collapsible partial side walls,
51 which fold for towing by another vehicle and unfold at the campsite to
52 provide temporary living quarters, for recreational, camping or travel
1 (d) Park trailer. A trailer designed to be towed by a motorized vehicle,
2 and of such size and weight as not to require a special highway movement
3 permit. It is designed for seasonal or temporary living quarters and may
4 be connected to utilities necessary for operation of installed fixtures
5 and appliances. It is built on a single permanent chassis and constructed
6 to permit set up setup by persons without spe-
7 cial skills.
8 (e) Pole trailer. Every vehicle without motive power designed to be drawn
9 by another vehicle and attached to the towing vehicle by means of a reach
10 or pole or by being boomed or otherwise secured to the towing vehicle, and
11 ordinarily used for transporting long or irregularly shaped loads such as
12 poles, pipes, or structural members capable, generally, of sustaining
13 themselves as beams between the supporting connections.
14 (f) Semitrailer. Every vehicle without motive power, designed for carry-
15 ing persons or property and for being drawn by a motor vehicle and so con-
16 structed that some part of its weight and that of its load rests upon or
17 is carried by the towing vehicle.
18 (g) Travel trailer. A vehicular unit, mounted on wheels designed to pro-
19 vide temporary living quarters for recreational, camping, travel or emer-
20 gency use and of such size or weight as not to require special highway
21 movement permits when towed by a motorized vehicle.
22 (h) Utility trailer. (See "Utility Trailer " , "
23 section 49-122, Idaho Code)
24 (7) "Transportation " , " for the purposes of
25 chapter 22 , of this title 49, Idaho Code
26 , means the movement of any regulated quantity of hazardous material or
27 hazardous waste within, through, or to any destination in this state upon the
28 highways of this state.
29 (8) "Transporter" means every person engaged in the business of deliver-
30 ing vehicles of a type required to be registered from a manufacturing, assem-
31 bling or distributing plant to dealers or sales agents of a manufacturer,
32 except in chapter 22, title 49, Idaho Code, where it means any
33 person who transports a hazardous material or hazardous waste within, through,
34 or to any destination upon the highways of this state.
35 (9) "Truck" means:
36 (a) Refuse/sanitation. Any vehicle designed and used solely for the pur-
37 pose of transporting refuse.
38 (b) General. Every motor vehicle exceeding eight thousand (8,000) pounds
39 gross weight designed, used or maintained primarily for the transportation
40 of property.
41 (c) Pickup truck. Every motor vehicle eight thousand (8,000) pounds gross
42 weight or less which is designed, used or maintained primarily for the
43 transportation of property.
44 (d) Truck camper. A portable unit constructed to provide temporary living
45 quarters for recreational, travel or camping use, consisting of a roof,
46 floor, and sides, designed with a minimum extension of thirty-six
47 (36) inches extending over the cab of a pickup truck, and designed
48 to be loaded onto and unloaded from the bed of a pickup truck. It
49 does not include pickup hoods, shells or canopies designed, created or
50 modified for occupational usage.
51 (e) Truck tractor. Every motor vehicle designed and used primarily for
52 drawing other vehicles but not so constructed as to carry a load other
53 than a part of the weight of the vehicle and load so drawn.
54 (10) "True mileage driven" means the mileage of the vehicle as registered
55 by the odometer within the manufacturer's designed tolerance.
1 SECTION 3. That Section 49-444, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 49-444. RECREATION VEHICLE REGISTRATION. An applicant for a recreational
4 vehicle registration shall be required to obtain a recreational vehicle annual
5 license as provided in sections 49-445 through 49-448, Idaho Code, in conjunc-
6 tion with the registration. Truck campers Beginning on Jan-
7 uary 1, 2000, truck campers shall be titled in accordance with the provisions
8 of chapter 5, title 49, Idaho Code, but need not be registered before
9 the county assessor can issue a recreational vehicle annual license.
10 SECTION 4. That Section 49-501, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 49-501. APPLICATION TO CERTAIN VEHICLES -- EXEMPTIONS. (1)
13 The provisions of this chapter shall apply exclusively to every vehicle
14 required to be registered with the department in chapter 4, title 49, Idaho
15 Code, and optionally to all - terrain vehicles, motorbikes, and
16 snowmobiles as defined in section 67-7101, Idaho Code, beginning on January 1,
17 1990, and becoming mandatory on January 1, 1991, for all transfers of owner-
18 ship, except that the board may, by rule s and regulations , exempt
19 vehicle and motor vehicle registrations under provisions of subsection
20 (3) of section 49-441 and sections 49-434 and 49-435, Idaho Code, from
21 the titling requirements of this chapter.
22 (2) Trailers whose unladen weight is less than two thousand
23 (2,000) pounds, vehicles owned by the federal government, and vehicles exempt
24 from registration under the provisions of section 49-426, Idaho Code, are
25 exempt from the provisions of this chapter.
26 (3) On and after January 1, 2000, truck campers as defined in sec-
27 tions 39-4201, 49-121 and 63-3622HH, Idaho Code, and referenced as recre-
28 ational vehicles in section 49-119, Idaho Code, manufactured in the year 2000
29 or later, shall be subject to the titling provisions of this chapter for all
30 transfers of ownership and optionally to all other truck campers of a model
31 year prior to 2000. Once titled, the truck camper shall remain subject to
32 titling requirements. Truck campers shall be issued a recreational vehicle
33 annual license as provided in sections 49-444 through 49-448, Idaho Code. How-
34 ever, owners shall not be required to register truck campers.
35 SECTION 5. That Section 49-1606, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 49-1606. CLASSES OF LICENSES -- NONRESIDENT DEALERS. Licenses issued
38 under the provisions of this chapter shall be as follows:
39 (1) A dealer's license shall permit the licensee to engage in the busi-
40 ness of selling or exchanging new and used vehicles, new and used motorcycles
41 and motor scooters, new and used all-terrain vehicles, snow machines and
42 travel trailers, and new and used motor homes , and new and
43 used truck campers . This form of license shall permit licensees who are
44 owners or part owners of the business of the licensee to act as vehicle sales-
46 (2) A vehicle salesman's license shall permit the licensee to engage in
47 the activities of a vehicle salesman.
48 (3) A wholesale dealer's license shall permit the licensee to engage in
49 the business of wholesaling used vehicles to Idaho vehicle dealers. The holder
50 of this license must meet all the requirements for a principal place of busi-
1 ness, except for the requirement of display area and adequate room to repair
3 (4) A vehicle manufacturer's license shall permit the licensee to engage
4 in the business of constructing or assembling vehicles, of the type subject to
5 registration under this title at an established place of business within
7 (5) A distributor, factory branch, or distributor branch license shall
8 permit the licensee to engage in the business of selling and distributing
9 vehicles, parts, and accessories to their franchised dealers.
10 (6) A representative (factory branch or distributor, etc.) license shall
11 permit the licensee to engage in the business of contacting his respective
12 authorized dealers, for the purpose of making or promoting the sale of his,
13 its, or their vehicles, parts, and accessories.
14 (7) Pending the satisfaction of the department that the applicant has met
15 the requirements for licensure, it may issue a temporary permit to any appli-
16 cant for a license. A temporary permit shall not exceed a period of ninety
17 (90) days while the department is completing its investigation and determina-
18 tion of facts relative to the qualifications of the applicant for a license. A
19 temporary permit shall terminate when the applicant's license has been issued
20 or refused.
21 (8) The department may issue a probationary vehicle salesman's license,
22 subject to conditions to be observed in the exercise of the privilege granted
23 either upon application for issuance of a license or upon application for
24 renewal of a license. The conditions to be attached to the exercise of the
25 privilege shall not appear on the face of the license but shall, in the judg-
26 ment of the department, be in the public interest and suitable to the qualifi-
27 cations of the applicant as disclosed by the application and investigation by
28 the department.
29 (9) A nonresident dealer who is currently authorized to do business as,
30 and has an established place of business as a vehicle dealer in another state,
31 is not subject to licensure under the provisions of this chapter as long as
32 the sales are limited to the exportation of vehicles for sale to, and the
33 importation of vehicles purchased from, licensed Idaho vehicle dealers.
34 SECTION 6. That Section 63-3622HH, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 63-3622HH. PRODUCTION EXEMPTION SHALL NOT APPLY TO SALES REGARDING
37 RECREATION-RELATED VEHICLES. (1) Notwithstanding any other provision of law to
38 the contrary, the production exemption provided in section 63-3622D, Idaho
39 Code, shall not apply to sales of or repairs to snowmobiles, off-highway
40 motorbikes, recreational vehicles, or motorcycles and all sales of snowmo-
41 biles, off-highway motorbikes, recreational vehicles or motorcycles are sub-
42 ject to the sales and use taxes imposed by this chapter. All repairs to snow-
43 mobiles, off-highway motorbikes, recreational vehicles or motorcycles are sub-
44 ject to the sales and use taxes imposed by this chapter.
45 (2) As used in this section, the term "snowmobile" means any self-pro-
46 pelled vehicle under one thousand (1,000) pounds unladened gross weight
47 designed primarily for travel on snow or ice or over natural terrain which may
48 be steered by tracks, skis or runners, and which is not otherwise registered
49 or licensed under the laws of the state of Idaho.
50 (3) As used in this section, the term "off-highway motorbike" means any
51 self-propelled two (2), three (3), four (4) or five (5) wheeled motorcycle or
52 motor-driven cycle, excluding tractor, designed for or capable of traveling
53 off developed roadways and highways and also referred to as trailbikes, enduro
1 bikes, trail trials bikes, motorcross
2 motocross bikes or dual - purpose motorcycles.
3 (4) As used in this section, the term "recreational vehicle" means a
4 motor home, travel trailer, truck camper or camping trailer, with or without
5 motive power, designed for human habitation for recreational or emergency
6 occupancy. The term " recreational vehicle " shall not
7 include pickup hoods, shells, or canopies designed, created or modified for
8 occupational usage. School buses or van - type vehicles which are
9 converted to recreational use, are defined as recreational vehicles. Specific
10 classes of recreational vehicles are defined as follows:
11 (a) The term "motor home" shall mean a vehicular unit designed to provide
12 temporary living quarters, built into an integral part of or permanently
13 attach ed to a self-propelled motor vehicle chassis. The vehi-
14 cle must contain permanently installed independent life -
15 support systems which meet the american national standards institute
16 (ANSI) A119.7 standard for recreational vehicles, and provide at least
17 four (4) of the following facilities: cooking, refrigeration or ice box,
18 self-contained toilet, heating and/or air conditioning, a portable water
19 supply system, including a faucet and sink, separate 110-125 volt electri-
20 cal power supply and/or LP-gas supply.
21 (b) The term "travel trailer" shall mean a vehicular unit, mounted on
22 wheels designed to provide temporary living quarters for recreational,
23 camping, travel or emergency use and of such size or weight as not to
24 require special highway movement permits when towed by a motorized vehi-
26 (c) The term "fifth - wheel trailer" shall mean a vehicular
27 unit equipped in the same manner as a travel trailer but constructed with
28 a raised forward section that allows a bi-level floor plan. This style is
29 designed to be towed by a vehicle equipped with a device known as a fifth-
30 wheel hitch, which is typically installed in the bed of a pickup truck.
31 (d) The term "park trailer" shall mean a trailer designed to be towed by
32 a motorized vehicle, and of such size and weight as not to require a spe-
33 cial highway movement permit. It is designed for seasonal or temporary
34 living quarters and may be connected to utilities necessary for operation
35 of installed fixtures and appliances. It is built on a single permanent
36 chassis and constructed to permit set up setup
37 by persons without special skills.
38 (e) The term "fold - down camping trailer" shall mean a vehic-
39 ular portable unit mounted on wheels and constructed with collapsible par-
40 tial side walls, which fold for towing by another vehicle and unfold at
41 the campsite to provide temporary living quarters, for recreational, camp-
42 ing or travel use.
43 (f) The term "truck camper" shall mean a portable unit constructed to
44 provide temporary living quarters for recreational, travel or camping use,
45 consisting of a roof, floor, and sides, designed with a minimum
46 extension of thirty-six (36) inches extending over the cab of a pickup
47 truck, and designed to be loaded onto and unloaded from the bed of
48 a pickup truck.
49 (5) As used in this section, the term "motorcycle" means every motor
50 vehicle having a seat or saddle for the use of the rider and designed to
51 travel on not more than three (3) wheels in contact with the ground, but
52 excluding a tractor. A motorcycle also is every motor scooter or motorized
53 bicycle having an engine with less than one hundred fifty (150) cubic centime-
54 ters displacement or with five (5) brake horsepower or less.
55 (6) As used in this section, the term "repairs" shall include only the
1 costs of parts, but not labor, utilized on the snowmobile, off-highway
2 motorbike, recreational vehicle or motorcycle.
Statement of Purpose
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.
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 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
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
contact: Senator Evan Frasure
STATEMENT OF PURPOSE/ FISCAL NOTE S1032