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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN 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 theiInternal 42rRevenuecCode; 43 (b) Wine of not less than one-half of oneper centpercent (.005%) of 2 1 alcohol by volume; or 2 (c) Distilled spirits as defined in section 5002(a)(8), of theiInternal 3rRevenuecCode. 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 withtwo7 three (23) or more tires, weighing undersixeight hundred fifty (6850) 8 pounds, forty-eight (48) inches or lessthan forty-eight (48) inchesin width, 9 having a wheelbase of sixty-one (61) inches or less, traveling on low-pressure 10 tires ofless than fiveten (510) psi or less., and designed to be ridden by11one (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 withtwothree (23) or more 18 tires, weighing undersixeight hundred fifty (6850) pounds, forty-eight 19 (48) inches or lessthan forty-eight (48) inchesin width, having a 20 wheelbase of sixty-one (61) inches or less, traveling on low-pressure 21 tires ofless than seventen (710) psi or less., and designed to be ridden22by 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 withtwo4 1 three (23) or more tires, undersixeight hundred fifty (6850) pounds and for- 2 ty-eight (48) inches or lessthan forty-eight (48) inchesin width, having a 3 wheelbase of sixty-one (61) inches or less, traveling on low-pressure tires,4less than five (5)of ten (10) psi or less., and designed to be ridden by one5(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,motorcrossmotocross 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 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