2003 Legislation
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HOUSE BILL NO. 204 – All-terrain vehicle/motorbike/defnd

HOUSE BILL NO. 204

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Daily Data Tracking History



H0204............................................by TRANSPORTATION AND DEFENSE
ALL-TERRAIN VEHICLES/MOTORBIKES - Amends existing law to revise the
definitions of "all-terrain vehicles" or "ATV" and "motorbike."
                                                                        
02/07    House intro - 1st rdg - to printing
02/10    Rpt prt - to 2nd rdg
02/11    2nd rdg - to 3rd rdg
02/12    3rd rdg - PASSED - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Martinez, McGeachin,
      McKague, Meyer, Miller, Moyle, Naccarato, Nielsen, Raybould, Ridinger,
      Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
      Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Langhorst, Mitchell
    Floor Sponsor - Bedke
    Title apvd - to Senate
02/13    Senate intro - 1st rdg - to Transp
02/28    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
      Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram,
      Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
      Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett,
      Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burkett, Davis
    Floor Sponsor - Ingram
    Title apvd - to House
03/11    To enrol
03/12    Rpt enrol - Sp signed
03/13    Pres signed
03/14    To Governor
03/17    Governor signed
         Session Law Chapter 87
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 204
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ALL-TERRAIN VEHICLES; AMENDING SECTIONS 49-102 AND 63-3622R, IDAHO
  3        CODE, TO REVISE THE DEFINITION OF "ALL-TERRAIN VEHICLE" OR  "ATV"  AND  TO
  4        MAKE  TECHNICAL  CORRECTIONS; AND AMENDING SECTION 67-7101, IDAHO CODE, TO
  5        REVISE THE DEFINITION OF "ALL-TERRAIN VEHICLE (ATV)," TO REVISE THE  DEFI-
  6        NITION OF "MOTORBIKE" AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  49-102, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        49-102.  DEFINITIONS -- A.
 11        (1)  "Abandon" means to leave a vehicle on private  property  without  the
 12    permission  of  the person having rights to the possession of the property, or
 13    on a highway or other property open to the public for the purposes of  vehicu-
 14    lar traffic or parking, or upon or within the right-of-way of any highway, for
 15    twenty-four (24) hours or longer.
 16        (2)  "Abandoned vehicle" means any vehicle observed by an authorized offi-
 17    cer  or reported by a member of the public to have been left within the limits
 18    of any highway or upon the property of another  without  the  consent  of  the
 19    property owner for a period of twenty-four (24) hours or longer, except that a
 20    vehicle  shall  not be considered abandoned if its owner-operator is unable to
 21    remove it from the place where it is located and has notified a  law  enforce-
 22    ment agency and requested assistance.
 23        (3)  "Accident"  means  any  event that results in an unintended injury or
 24    property damage attributable directly or indirectly to the motion of  a  motor
 25    vehicle or its load, a snowmobile or special mobile equipment.
 26        (4)  "Actual  physical  control" means being in the driver's position of a
 27    motor vehicle with the motor running or the vehicle moving.
 28        (5)  "Administrator" means the federal highway  administrator,  the  chief
 29    executive  of  the  federal  highway administration, an agency within the U.S.
 30    department of transportation.
 31        (6)  "Age of a motor vehicle" means the age determined by subtracting  the
 32    manufacturer's year designation of the vehicle from the year in which the des-
 33    ignated  registration  fee is paid. If the vehicle has the same manufacturer's
 34    year designation as the year in which the fee is paid, or if a vehicle  has  a
 35    manufacturer's  year designation later than the year in which the fee is paid,
 36    the vehicle shall be deemed to be one (1) year old.
 37        (7)  "Air-conditioning  equipment"  means  mechanical  vapor   compression
 38    refrigeration  equipment  which is used to cool the driver's or passenger com-
 39    partment of any motor vehicle.
 40        (8)  "Alcohol or alcoholic beverage" means:
 41        (a)  Beer as defined in  26  U.S.C.  section  5052(a),  of  the  iInternal
 42        rRevenue cCode;
 43        (b)  Wine  of  not  less  than one-half of one per cent percent (.005%) of
                                                                        
                                           2
                                                                        
  1        alcohol by volume; or
  2        (c)  Distilled spirits as defined in section 5002(a)(8), of the  iInternal
  3        rRevenue cCode.
  4        (9)  "Alley"  means  a  public way of limited use intended only to provide
  5    access to the rear or side of lots or buildings in urban districts.
  6        (10) "All-terrain vehicle" or "ATV" means any recreation vehicle with  two
  7    three  (23)  or  more  tires,  weighing  under  six eight hundred fifty (6850)
  8    pounds, forty-eight (48) inches or less than forty-eight (48) inches in width,
  9    having a wheelbase of sixty-one (61) inches or less, traveling on low-pressure
 10    tires of less than five ten (510) psi or less., and designed to be  ridden  by
 11    one (1) person. Such vehicles shall be registered under the provisions of sec-
 12    tion  49-402,  Idaho  Code,  for operation on public highways, unless exempted
 13    under the provisions of section 49-426, Idaho Code.
 14        (11) "Amateur radio operator." (See "Radio  operator,  amateur,",  section
 15    49-119, Idaho Code)
 16        (12) "Ambulance" means a motor vehicle designed and used primarily for the
 17    transportation  of  injured,  sick,  or deceased persons, on stretchers, cots,
 18    beds, or other devices for carrying persons in a prone position.
 19        (13) "Applicant" means an individual  who  applies  to  obtain,  transfer,
 20    upgrade, or renew a driver's license.
 21        (14) "Approved  driver  training  course"  means  a training course from a
 22    school licensed under the provisions of chapter 21 of this title.
 23        (15) "Approved testing agency" means a person, firm, association, partner-
 24    ship or corporation approved by the director of the Idaho state  police  which
 25    is:
 26        (a)  In the business of testing equipment and systems;
 27        (b)  Recognized  by  the  director  as  being qualified and equipped to do
 28        experimental testing; and
 29        (c)  Not under the jurisdiction or control of any single  manufacturer  or
 30        supplier for an affected industry.
 31        (16) "Armed  forces"  means  the army, navy, marine corps, coast guard and
 32    the air force of the United States.
 33        (17) "Authorized emergency  vehicle."  (See  "Vehicle,",  section  49-123,
 34    Idaho Code)
 35        (18) "Authorized  officer"  means any member of the Idaho state police, or
 36    any regularly employed and salaried deputy sheriff, or other  county  employee
 37    designated  to  perform  the  function  of removing abandoned vehicles or junk
 38    vehicles by the board of county commissioners of the county in which a vehicle
 39    is located, or any regularly employed and salaried city peace officer or other
 40    city employee designated to perform the function of removing  abandoned  vehi-
 41    cles  or junk vehicles by the city council, or a qualified person deputized or
 42    appointed by the proper authority as reserve deputy sheriff or city policeman,
 43    authorized within the jurisdiction in which  the  abandoned  vehicle  or  junk
 44    vehicle is located.
 45        (19) "Authorized  transportation  department  employee" means any employee
 46    appointed by the board to perform duties relating to  enforcement  of  vehicle
 47    laws as have been specifically defined and approved by order of the board (see
 48    section 40-510, Idaho Code).
 49        (20) "Auto  transporter"  means  a vehicle combination constructed for the
 50    purpose of transporting vehicles.
                                                                        
 51        SECTION 2.  That Section 63-3622R, Idaho Code, be, and the same is  hereby
 52    amended to read as follows:
                                                                        
 53        63-3622R.  MOTOR  VEHICLES,  USED MANUFACTURED HOMES, VESSELS, ALL-TERRAIN
                                                                        
                                           3
                                                                        
  1    VEHICLES, TRAILERS, OFF-ROAD MOTORCYCLES AND SNOWMOBILES. There  are  exempted
  2    from the taxes imposed by this chapter:
  3        (a)  Sales  to  nonresidents  of  motor  vehicles, trailers, vessels, all-
  4    terrain  vehicles (ATVs), motorcycles intended for off-road  use  and  snowmo-
  5    biles,  for use outside of this state even though delivery be made within this
  6    state, but only when:
  7        (1)  The motor vehicles, vessels, ATVs, motorcycles intended for  off-road
  8        use,  snowmobiles  or trailers will be taken from the point of delivery in
  9        this state directly to a point outside this state; and
 10        (2)  The motor vehicles, vessels, ATVs, motorcycles intended for  off-road
 11        use,  snowmobiles  and  trailers  will be registered immediately under the
 12        laws of another state, will be titled in another state if required  to  be
 13        titled  in that state, will not be used in this state more than sixty (60)
 14        days in any twelve (12) month period, and  will  not  be  required  to  be
 15        titled under the laws of this state.
 16        (3)  For  the  purpose of this subsection (a), the term "all-terrain vehi-
 17        cle" or "ATV" means any recreational vehicle with two three (23)  or  more
 18        tires,  weighing  under six eight hundred fifty (6850) pounds, forty-eight
 19        (48) inches or less than  forty-eight  (48)  inches  in  width,  having  a
 20        wheelbase  of  sixty-one  (61)  inches  or less, traveling on low-pressure
 21        tires of less than seven ten (710) psi or less., and designed to be ridden
 22        by one (1) person.
 23        (4)  For the purpose of this section, the term  "vessel"  means  any  boat
 24        intended to carry one (1) or more persons upon the water which is either:
 25             (i)   Sold together with a motor, or
 26             (ii)  Eleven  (11)  feet  in  length  or  more, but shall not include
 27             canoes, kayaks or inflatable boats, unless such canoes, kayaks or in-
 28             flatable boats are sold together with a motor.
 29        (b)  Sale of used manufactured homes, whether or not  such  used  manufac-
 30    tured  homes are sold for use outside this state, and whether or not such used
 31    manufactured homes are sold by a dealer. Every manufactured  home  sale  after
 32    its  sale  as  a "new manufactured home," as defined in section 63-3606, Idaho
 33    Code, is a sale as a used manufactured home.
 34        (c)  Sale or lease of motor  vehicles  with  a  maximum  gross  registered
 35    weight  over  twenty-six  thousand (26,000) pounds, which shall be immediately
 36    registered under the international registration plan or  similar  proportional
 37    or  pro rata registration system, whether or not base plated in Idaho, and the
 38    sale or lease of trailers which are part of a  fleet  of  vehicles  registered
 39    under such proportional or pro rata registration system when such vehicles and
 40    trailers  are substantially used in interstate commerce. If such a motor vehi-
 41    cle or trailer is not substantially used in  interstate  commerce  during  any
 42    calendar  year,  it  shall  be deemed used in Idaho and subject to the use tax
 43    under section 63-3621,  Idaho  Code.  For  the  purpose  of  this  subsection,
 44    "substantially  used  in  interstate  commerce"  means  that  the  vehicles or
 45    trailers will be part of a fleet with a minimum of ten percent  (10%)  of  the
 46    miles operated by the fleet accrued outside of Idaho in any calendar year.
 47        (d)  The  use  or other consumption of a motor vehicle temporarily donated
 48    to a driver's education program sponsored by a nonprofit educational  institu-
 49    tion as defined in section 63-3622O, Idaho Code.
                                                                        
 50        SECTION  3.  That  Section 67-7101, Idaho Code, be, and the same is hereby
 51    amended to read as follows:
                                                                        
 52        67-7101.  DEFINITIONS. In this chapter:
 53        (1)  "All-terrain vehicle (ATV)" means any  recreation  vehicle  with  two
                                                                        
                                           4
                                                                        
  1    three (23) or more tires, under six eight hundred fifty (6850) pounds and for-
  2    ty-eight  (48)  inches or less than forty-eight (48) inches in width, having a
  3    wheelbase of sixty-one (61) inches or less, traveling on  low-pressure  tires,
  4    less  than five (5) of ten (10) psi or less., and designed to be ridden by one
  5    (1) person.
  6        (2)  "Board" means the park and recreation board created  under  authority
  7    of section 67-4221, Idaho Code.
  8        (3)  "Bona  fide  snowmobile  program"  means  services  or  facilities as
  9    approved by the department that will benefit snowmobilers such  as  snowmobile
 10    trail  grooming,  plowing and maintaining snowmobile parking areas and facili-
 11    ties, and trail signing.
 12        (4)  "Dealer" means any person who engages  in  the  retail  sales  of  or
 13    rental of snowmobiles, motorbikes, or all-terrain vehicles.
 14        (5)  "Department" means the Idaho department of parks and recreation.
 15        (6)  "Designated  parking  area" means an area located, constructed, main-
 16    tained, and signed with the approval of the land manager or owner.
 17        (7)  "Director" means the director of the department of parks  and  recre-
 18    ation.
 19        (8)  "Highway."  (See  section  40-109,  Idaho  Code, but excepting public
 20    roadway as defined in this section).
 21        (9)  "Motorbike" means any self-propelled two (2)  or  three  (3)  wheeled
 22    motorcycle  or  motor-driven cycle, excluding tractor, designed for or capable
 23    of traveling off developed roadways and  highways  and  also  referred  to  as
 24    trailbikes,  enduro  bikes,  trials  bikes, motorcross motocross bikes or dual
 25    purpose motorcycles.
 26        (10) "Operator"  means  any  person  who  is  in  physical  control  of  a
 27    motorbike, all-terrain vehicle, or snowmobile.
 28        (11) "Owner" means every person  holding  record  title  to  a  motorbike,
 29    all-terrain  vehicle,  or  snowmobile  and  entitled  to the use or possession
 30    thereof, other than a lienholder or other person having  a  security  interest
 31    only.
 32        (12) "Person"  means an individual, partnership, association, corporation,
 33    or any other body or group  of  persons,  whether  incorporated  or  not,  and
 34    regardless of the degree of formal organization.
 35        (13) "Public  roadway"  means  all  portions of any highway which are con-
 36    trolled by an authority other than the Idaho transportation department.
 37        (14) "Snowmobile" means any  self-propelled  vehicle  under  one  thousand
 38    (1,000)  pounds  unladened gross weight, designed primarily for travel on snow
 39    or ice or over natural terrain, which may be steered by tracks, skis, or  run-
 40    ners,  and which is not otherwise registered or licensed under the laws of the
 41    state of Idaho.
 42        (15) "Vendor" means any entity authorized by the department to sell recre-
 43    ational registrations.
 44        (16) "Winter recreational  parking  locations"  means  designated  parking
 45    areas  established  and  maintained with funds acquired from the cross-country
 46    skiing account.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12877C2

This legislation amends Sections 49-102, 63-3622R, and 67-7101 to
change the existing definition of an All Terrain Vehicle (ATV). 
The overall size of the machines is getting larger and the
Department supports an increase in the maximum weight of ATV's
from 650 pounds to 850 pounds.  We also support clarification in
the definition of an ATV that it may have a wheelbase of sixty-
one (61) inches or less including machines designed for two
riders and low pressure tires of 10 PSI or less.  However, the
existing 48" limitation on width needs to remain unchanged. 
Trail systems designed to accommodate ATV's cannot support
increased vehicle width.
                          FISCAL IMPACT
There is no fiscal impact from this change in ATV definition.


Contact
Name: Rick Collignon, Parks and Recreation 
Phone: 208-334-4187
Skip Smyser
208-342-0777


STATEMENT OF PURPOSE/FISCAL NOTE                     H 204